Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 11 December 2019

location:

 

Council Chambers

17 Burrawan Street

Port Macquarie

time:

 

5.30pm

 


Community Vision                                  A sustainable high quality of life for all

 

 

 

 

Community Mission                               Building the future together

                                                                  People Place Health Education Technology

 

 

 

 

Council’s Corporate Values                   é   Sustainability

                                                                  é   Excellence in Service Delivery

                                                                  é   Consultation and Communication

                                                                  é   Openness and Accountability

                                                                  é   Community Advocacy

 

 

 

 

Community Themes                               é  Leadership and Governance

                                                                  é  Your Community Life

                                                                  é  Your Business and Industry

                                                                  é  Your Natural and Built Environment

 


Ordinary Council Meeting

Wednesday 11 December 2019

 

Items of Business

 

Item       Subject                                                                                                      Page

 

 

01           Acknowledgement of Country............................................................................. 1

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

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

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

05           Disclosures of Interest..................................................................................... 34

06           Mayoral Minute

07           Confidential Correspondence to Ordinary Council Meeting................................. 38

08           Public Forum - Matters Not On The Agenda...................................................... 39

09           Public Forum - Matters On The Agenda............................................................ 40

10           Leadership and Governance.......................................................................... 41

10.01..... Mayoral Discretionary Fund Allocations - 7 November to 27 November 2019    42

10.02..... Request for Leave of Absence - Mayor Peta Pinson............................ 44

10.03..... Status of Reports From Council Resolutions........................................ 46

10.04..... Notice of Motion - Council Meeting Commencement Time.................... 52

10.05..... Monthly Budget Review - November 2019........................................... 53

10.06..... Investments - November 2019............................................................ 57

10.07..... Relief Measures for Bushfire Impacted Residents................................ 61

10.08..... Discussion Paper for a New Risk Management and Internal Audit Framework for Local Councils in NSW............................................................................... 64

10.09..... Code of Conduct Complaint Statistics................................................. 67

10.10..... Draft Glasshouse Plan 2020 - 2022 ................................................... 71

11           Your Community Life..................................................................................... 78

11.01..... Draft Public Art Policy........................................................................ 79

11.02..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - November 2019 ................................................................................................ 82

11.03..... New Year's Eve Fireworks 2019......................................................... 83

11.04..... Community Plans for Endorsement..................................................... 85

11.05..... Classification and Categorisation of Council Managed Crown Reserves 90

12           Your Business and Industry.......................................................................... 95

12.01..... 30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City Council - Visit to Japan 2020...................................... 96

12.02..... Policy Review - Markets Policy......................................................... 100

12.03..... Draft Greater Port Macquarie Destination Management Plan.............. 106

13           Your Natural and Built Environment............................................................ 111

13.01..... Water Security Update..................................................................... 112

13.02..... Proposed Primary Airport Access Road Intersection With Oxley Highway 118

13.03..... Sancrox and Fernbank Creek Planning Investigation.......................... 123

13.04..... Deed of Assumption and Variation - Lincoln Road Planning Agreement 130

13.05..... Sustainability Initiatives and Programs.............................................. 132

13.06..... Draft Port Macquarie-Hastings Development Control Plan 2013 - Airport Business Park....................................................................................................... 135

13.07..... Membership of the Coast, Estuary and Floodplain Sub- Committee.... 144

13.08..... Kooloonbung Creek Flying-Fox Camp Management........................... 146

13.09..... Planning Proposal Policy - Post Exhibition Report.............................. 150

13.10..... Update on Site Specific Planning Proposal Requests......................... 156

13.11..... Altitude Nightclub, Galleria Building, 27/128 William Street, Port Macquarie      167  

14           Items To Be Dealt With By Exception

15           Confidential Matters

Motion to move into Confidential Committee of the Whole................................ 171

15.01..... Request for Proposal T-19-52 General Aviation Leasing and Development Opportunities at Port Macquarie Airport

15.02..... T-19-21 Microsoft Enterprise Agreement

15.03..... T-19-28 Woods Street Construction Upgrade

15.04..... T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case

15.05..... T-19-60 Beach to Beach Detailed Design & EIS

15.06..... T-19-66 Supply and Delivery of Scrubby Creek and Thompsons Bridges

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      11/12/2019

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     LOCAL GOVERNMENT PRAYER

 

A Minister from the Combined Churches of Port Macquarie will be invited to deliver the Local Government Prayer.

 

 

Item:          03

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          04

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Ordinary Council Meeting held on 20 November 2019 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        20/11/2019

 

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director Corporate Performance (Rebecca Olsen)

Director Development and Environment (Melissa Watkins)

Director Infrastructure (Dan Bylsma)

Director Strategy and Growth (Jeffery Sharp)

Group Manager Financial Services (Nicole Spencer)

Acting Group Manager Governance (Kirsty Callander)

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

Major Kevin Unicomb from the Salvation Army delivered the Local Government Prayer.

 


 

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Dixon/Alley

That the Minutes of the Ordinary Council Meeting held on 16 October 2019 be confirmed.

carried:      8/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

Councillor Alley declared a Non-Pecuniary Significant Interest in Item 13.07 - Planning Proposal:  Mission Terrace, Lakewood - Consideration of Submissions, as the report includes property immediately adjacent to property that is owned by the Trustees of Church Property, Diocese of Newcastle, which holds that property for the benefit of the Anglican Church Parish of the Camden Haven, of which Councillor Alley serves as Treasurer on the Parish Council. 

Councillor Levido declared a Non-Pecuniary - Significant Interest in Item 11.01 - Local Heritage Assistance Fund (2019/2020), as he is the principal of the Port Macquarie Law Firm, Levido Law + Property.  The firm acts for the Lessee of one of the properties to benefit from the assistance, the subject of the report.

Councillor Levido declared a Non-Pecuniary Interest in Item 15.03 - T-19-26 - Environmental Assessment and Development Application for Planned Works at the Port Macquarie Airport, as he is the principal of the Port Macquarie Law Firm, Levido Law + Property.  The Firm acts for one of the tenderers, the subject of the report.

Councillor Levido declared a Non-Pecuniary - Significant Interest in Item 15.06 - Port Macquarie Transport Network Community Consultative Committee, as he is the principal of Port Macquarie Law Firm, Levido Law + Property.  The Firm acts for one of the EOI applicants and he is personally a former business partner with another of the EOI applicants.

Mayor Peta Pinson declared a Pecuniary Interest in Item 13.14 - Notice of Motion - Sancrox Quarry Project, as she has interests in a company, Stabilcorp, who is a commercial customer of Hanson Construction Materials Pty Ltd.

Mayor Peta Pinson declared a Pecuniary Interest in Item 15.01 - Supply & Delivery of Bulk Bitumen Emulsion, as she has interests in a company, Stabilcorp, who is a commercial customer of Bitupave Ltd trading as Boral Asphalt.

 

Councillor Griffiths declared a Non-Pecuniary - Significant Interest in Item 13.14 - Notice of Motion - Sancrox Quarry Project, as she has family members who live within the Sancrox area and it could be perceived that an impact may be likely.

Councillor Intemann declared a Non-Pecuniary - Less Than Significant Interest in Item 10.17 - Property Investment Report, as she is a Director of a firm that holds an Airport Licence and airport licences in general are mentioned in the report.

Councillor Intemann declared Non-Pecuniary - Less Than Significant Interest in Item 15.03 - T.19.26 - Environmental Assessment and Development Application for Planned Works at the Port Macquarie Airport, as she is a Director of a firm that has an Airport Licence.  The licence is unaffected by the matters under consideration.

 

 

06.01  MAYORAL MINUTE - Lake Cathie Opening

RESOLVED:  Pinson/Intemann

 

That Council:

1.       Note the current Lake Cathie Opening Strategy.

2.       Note the Opening Strategy conditions have been met with salinity in the Lake being greater than 40ppt and the water level currently recorded at 11.00 am on 19 November 2019 as -0.443m AHD with water quality being reported as poor.

3.       Request the General Manager immediately prepare, lodge and apply for a Short Term Licence (STL) with Crown Lands for the purpose of opening Lake Cathie.

4.       Request the General Manager write to the State Member for Oxley, the Hon Melinda Pavey MP and State Member for Port Macquarie, the Hon Leslie Williams MP, seeking their support to fast track Council’s Short Term License application due to the abovementioned extreme environmental factors.

5.       Request the General Manager, upon approval of the Licence by Crown Lands, engage a contractor to undertake the process of opening the entrance to the lagoon at the appropriate tides.

6.       Request the General Manager to prepare a Communications Strategy to inform the community of the decision of Council and any possible consequences due to the opening.

carried:      6/2

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

Against:       Alley and Levido

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

RESOLVED:  Intemann/Dixon

That Council determine that the attachments to Item Numbers 10.06 and 10.13 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, 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.         Ms Krissa Wilkinson - Acknowledge & Celebrate Early Conservationist - Grace Easterbrook

2.         Mr Jamie Harrison - Procurement

3.         Ms Rachel Sheppard - Port Macquarie-Hastings Climate Emergency

4.         Ms Rhiannon Beeton - Addressing Effects of Climate Change on Children

5.         Deterioration of Lake Cathie/Lake Innes Ecosystem.

RESOLVED:  Griffiths/Hawkins

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

carried:      8/0

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

Against:       Nil

 

 

08.01     Acknowledge and Celebrate Early ConservationistS - Grace Easterbrook

Ms Krissa Wilkinson addressed Council requesting acknowledgement and celebration of early conservationists, in particular, Grace Easterbrook.  Requesting Council consider a Public Art Project to recognise the early conservationists. Ms Wilkinson answered questions from Councillors.

 

 

08.02     Procurement

Mr Jamie Harrison, Harelec, addressed Council on procurement matters and tabled an extract from a Business Paper from Richmond Valley Council for Council’s interest.  Mr Harrison answered questions from Councillors.

 

 

08.03     Port Macquarie-Hastings Climate Emergency

Ms Rachel Sheppard, on behalf of Hastings Parents for the Environment, addressed Council on the recent Climate Emergency Campaign Launch held on the Town Green on 8 November 2019 and tabled some information on climate change.  Ms Sheppard answered questions from Councillors.

 

08.04     Addressing the Effects of Climate Change on Children

Ms Rhiannon Beeton, on behalf of Hastings Parents for the Environment, addressed Council on the effects of climate change on children and tabled a letter from the group to Council dated 20 November 2019.  Ms Beeton answered questions from Councillors.

 

 

08.05     Deterioration of THE Lake Cathie/Lake Innes Ecosystem

Mr Stewart Cooper addressed Council on the deterioration of the Lake Cathie/Lake Innes Ecosystem.  Mr Cooper tabled his speech notes so that Council can respond to a number of statements made in his address.  Mr Cooper answered questions from Councillors.

 

 

09       PUBLIC FORUM – MATTERS ON THE AGENDA

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

Item 10.02 - Ms Rachel Sheppard, Hastings Parents for the Environment, opposing the recommendation.

Item 10.10 - Mr David Smith supporting the recommendation.

Item 10.12 - Mr Michael Lyons supporting the recommendation.

Item 13.03 - Mr Jake Wadsworth supporting the recommendation.

Item 13.04 - Mr Tony Thorne, King & Campbell Pty Ltd on behalf of interested parties, opposing the recommendation.

Item 13.05 - Mr Tom Whelan opposing the recommendation.

Item 13.08 - Mr Stephen Healy supporting the recommendation.

Item 13.14 - Mr Jeff Gillespie supporting the recommendation.

Item 13.14 - Mr Jim Wade, on behalf of Clos Verdun Developments Ltd and others, supporting the recommendation.

Item 13.16 - Ms Sarah Mollard supporting the recommendation.

RESOLVED:  Hawkins/Griffiths

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

carried:      8/0

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

Against:       Nil

 

 

SUSPENSION OF STANDING ORDERS

RESOLVED:  Hawkins/Dixon

That Standing Orders be suspended to allow Items 10.02, 10.10, 10.12, 13.03, 13.04, 13.05, 13.08, 13.14 and 13.16 to be brought forward and considered next.

 

carried:      8/0

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

Against:       Nil

 

 

10.02  30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City - Visit to Japan April 2020

Ms Rachel Sheppard, on behalf of Hastings Parents for the Environment, addressed Council opposing the recommendation, specifically in relation to Point 4.  Ms Sheppard answered questions from Councillors.

RESOLVED:  Griffiths/Alley

 

That Council:

1.       Note that the 30th Anniversary of the Handa, Japan Sister City relationship with Port Macquarie-Hastings Council will take place in Handa, Japan from 17 - 21 April 2020.

2.       Note that up to six Council delegates have been invited to attend the 30th Anniversary celebrations by Handa City, Japan.

3.       Note that two Port Macquarie-Hastings Council Handa Working Group members have confirmed they will be attending the celebrations in Handa.

4.       Request the General Manager provide a report to the December Council Meeting outlining the potential costs, community benefits and budget allocation to enable Council to determine Mayoral and Councillor involvement in attending the celebration.

carried:      8/0

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

Against:       Nil

 

 

10.10  Financial Impact of Cost Shifting from Other Levels of Government

Mr David Smith addressed Council in support of the recommendation. 

RESOLVED:  Hawkins/Turner

 

That Council:

1.       Note the information in the Report “Financial Impact of Cost Shifting from Other Levels of Government”.

2.       In particular, note that the ongoing accelerating transfer of responsibilities from the NSW State and Federal Governments to local councils without appropriate offset funding (also known as cost shifting) presently costs Port Macquarie- Hastings Council and our community a minimum of $16.279 million per annum - an average of $1,357,000 per month.

3.       Request the General Manager write to our four Local Members enclosing a full copy of the above report.

4.       Request that the General Manager and the Mayor raise the issue at their next regular meeting with all our Local Members and seek their active assistance in removing this financial  burden from our local community.

5.       Request both the General Manager and the Mayor raise this matter as an agenda item at the next meeting of the Mid North Coast Joint Organisation, with a view to seeking a joint strategy to pursuade higher levels of government to seriously address this matter.

carried:      8/0

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

Against:       Nil

 

 

10.12  Investments - October 2019

Mr Michael Lyons addressed Council in support of the recommendation.  Mr Lyons answered questions from Councillors.

RESOLVED:  Hawkins/Alley

 

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

 

carried:      8/0

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

Against:       Nil

 

 

13.03  Water Restrictions

Mr Jake Wadsworth addressed Council in support of the recommendation.

RESOLVED:  Intemann/Dixon

 

That Council:

 1.   Note that the Port Macquarie-Hastings Council LGA is currently recognised as being in “Intense Drought” by the NSW Department of Primary Industry.

2.    Note the recent increase in water usage associated with the recent fire activity across the LGA which is likely to continue over the summer period.

3.    In response to being in “Intense Drought” and with the likely ongoing fire activity, implement a temporary variation to the current adopted water restriction trigger levels by early implementation of Level 3 water restrictions on 25 November 2019 as follows:

 

 

For Residential Use

 

What days can I water? If your house is an even number you can water on even dates (2nd, 4th, 6th etc.) and if your house in an odd number, you can water on odd dates (1st, 3rd, 5th etc). There is to be no residential outside water use on the 31st of the month.

 

     Handheld hoses, fitted with a water cut-off trigger or control nozzle can be used for up to 10 minutes before 9am OR after 4pm.

     Watering cans, buckets and tank water can be used at any time.

     Car or boat washing: on a lawn area by bucket only at any time.

     Boat motor flushing: on a lawn area for 5 minutes only at any time.

     Topping up of pools and spas handheld hoses only before 9am OR after 4pm.

     Cleaning windows, walls, roofs and gutters: BANNED.

     Cleaning driveways, paths and hardstand areas: for health and safety reasons only.

     No exemptions for establishing new turf are available from Council.

 

For Public Areas

 

     Sporting fields: only recycled water can be used.

     Community gardens: only recycled or tank water can be used.

     Fountains and garden ponds: handheld hose can be used for up to 10 minutes before 9am OR after 4pm.

 

For Commercial and Industrial Use

 

     Plant nurseries, bowling greens and market gardens: sprinkler systems can be used for a maximum of 1 hour before 9am.

     There are no restrictions on water required for commercial/industrial production.

     All other businesses can use a handheld hose with cut-off trigger or control nozzle for up to 10 minutes before 9am OR after 4pm.

     Dust suppression is permitted with recycled water only.

4.    Request the General Manager to report back to the February 2020 Ordinary Council Meeting with an updated water security situation, including whether there is any improvement in water storage levels, and further recommendations relating to any proposed extension, relaxation or escalation of water restrictions.

 

carried:      8/0

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

Against:       Nil

 


 

 

13.04  Proposed Orbital Road Investigation Area

Mr Tony Thorne, King & Campbell Pty Ltd on behalf of J Newton Constructions Pty Ltd, Mr & Mrs J and G Newton and St Agnes Care & Lifestyle Ltd (Catholic Care of the Aged), addressed Council in opposition to the recommendation.  Mr Thorne answered questions from Councillors.

MOTION

MOVED:  Intemann/Turner

 

That Council note the information included in the Proposed Orbital Road Investigation Area report.

AMENDMENT

MOVED:  Pinson/Griffiths

 

That Council:

1.         Note the information included in the Proposed Orbital Road Investigation Area report.

2.         Note community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone (Greenmeadows to Oxley Highway and Fernhill Road to Boundary Street).

3.         Discontinue and abandon the current and any future investigations within the currently defined investigation area for the East / West link (Ocean Drive to Oxley Highway).

4.         Discontinue and abandon any realignment of Fernhill Road to a new intersection on the Oxley Highway as part of any future Port Macquarie Airport Access Road.

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

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

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

8.         Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along, with any other agencies deemed applicable.

9.         Request the General Manager write to the Member for Port Macquarie, Hon Leslie Williams MP and the Member for Cowper, Mr Pat Conaghan MP seeking a meeting or meetings to discuss potential future funding opportunities for any future proposed road network improvements.

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

 

THE AMENDMENT WAS PUT AND LOST

MOVED:  Pinson/Griffiths

 

That Council:

1.    Note the information included in the Proposed Orbital Road Investigation Area report.

2.    Note community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone (Greenmeadows to Oxley Highway and Fernhill Road to Boundary Street).

3.    Discontinue and abandon the current and any future investigations within the currently defined investigation area for the East / West link (Ocean Drive to Oxley Highway).

4.    Discontinue and abandon any realignment of Fernhill Road to a new intersection on the Oxley Highway as part of any future Port Macquarie Airport Access Road.

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

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

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

8.    Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along, with any other agencies deemed applicable.

9.    Request the General Manager write to the Member for Port Macquarie, Hon Leslie Williams MP and the Member for Cowper, Mr Pat Conaghan MP seeking a meeting or meetings to discuss potential future funding opportunities for any future proposed road network improvements.

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

lost: 3/5

For:   Dixon, Griffiths and Pinson

Against:       Alley, Hawkins, Intemann, Levido and Turner

THE MOTION WAS PUT

RESOLVED:  Intemann/Turner

 

That Council note the information included in the Proposed Orbital Road Investigation Area report.

CARRIED:  5/3

FOR:   Alley, Hawkins, Intemann, Levido and Turner

AGAINST:       Dixon, Griffiths and Pinson

 

 

13.05  Long Term Energy Strategy - Six Monthly Update

Mayor Pinson left the meeting, the time being 8.28pm.

The Deputy Mayor assumed the Chair.

Mr Tom Whelan addressed Council in opposition to the recommendation.  Mr Whelan tabled his address to Council.

Mayor Pinson returned to the meeting, the time being 8.38pm.

Councillor Turner left the meeting, the time being 8.46pm.

Councillor Turner returned to the meeting, the time being 8.48pm.

RESOLVED:  Alley/Intemann

 

That Council:

1.       Note the update on the Long Term Energy Strategy implementation as provided in this report.

2.       Consider the inclusion of suitably sized solar PV systems, potentially with battery storage, for both the Port Macquarie STP and Wauchope WTP system, in the 2020-2021 Operational Plan, as identified in previous investigations undertaken by NSW Public Works on a number of Council sites.

3.       Request the General Manager provide a report in July 2020 on suitable sites within the Port Macquarie-Hastings LGA, including indicative costings and benefits of a 25GWh per annum solar PV project to meet 100% of Council’s current, and short term projected, electricity usage.

4.       Request the General Manager to continue to provide six-monthly update reports on the Long Term Energy Strategy, with the May 2020 report to include an update on implementing points 2 and 3 above, and the annual November reports to collate programs completed in the year, and electricity consumption and costs for that year and the previous year.

5.       Request the General Manager to identify appropriate funding sources to urgently seek strategic advice on renewable energy technology to suit Council’s needs, and develop a solar procurement and project management plan. 

6.       Request the General to provide a briefing to Councillors on the Long Term Energy Strategy and the impact on our community.

carried:      8/0

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

Against:       Nil

 

13.08  Floodplain Management

Mr Stephen Healy addressed Council in support of the recommendation.  Mr Healy answered questions from Councillors.

RESOLVED:  Intemann/Alley

 

That Council:

1.       Reconsider the adoption of Climate Change ‘Scenario 3’ (400mm SLR plus 10% increase in rainfall) as the basis of the Flood Planning Area (FPA) and adopt ‘Scenario 1’ (900mm SLR plus 10% increase in rainfall).

2.       Note that the Floodplain Risk Management Study phase of the Wrights Creek and Hibbard Precinct projects will not be undertaken at this time.

3.       Note that the next phase of both projects will be subject to a future Operational Plan budget process.

4.       Write to people who made a submission on both projects and advise them that the Floodplain Risk Management Study phase will not be undertaken at this time.

carried:      5/3

For:   Alley, Dixon, Intemann, Levido and Turner

Against:       Griffiths, Hawkins and Pinson

 

 

13.14  Notice of Motion - Sancrox Quarry Project

Mayor Pinson declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 9.08pm.

Councillor Griffiths declared a Non-Significant - Less Than Significant interest in this matter and left the room and was out of sight during the Council’s consideration, the time being 9.08pm.

The Deputy Mayor assumed the Chair.

Mr Jeff Gillespie addressed Council in support of the recommendation.  Mr Gillespie answered questions from Councillors.

Mr Jim Wade, on behalf of Clos Verdun Developments Ltd and others, addressed Council in support of the recommendation. 

MOTION

MOVED:  Hawkins/Turner

 

That Council:

1.    Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2.    Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3.    Notwithstanding Point 2 above, Council also notes community concerns with the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry and, as a consequence, requests the General Manager to lodge a submission with the Department of Planning, Industry and Environment objecting to the proposal due to the lack of community consultation and lack of detailed investigation into the following issues:

(a)   Dust

(b)   Noise and vibration

(c)   Traffic

(d)   Justification of increase in output to 750,000 tonnes p.a.

(e)   Amenity of residents generally

(f)    Potential residual impact on the region’s water security, including the potential for pollution and contamination of Council’s water supply, as well as groundwater

(g)   Potential/likely other environmental impacts, including significant koala habitat.

4.    Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above objection and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5.    Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a)     A copy of the submission made in accordance with Point 2 above for information.

(b)     Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.

 

AMENDMENT

 

MOVED:  Levido/Alley

 

That Council:

1.    Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2.    Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3.    Notwithstanding Point 2 above, Council also notes community concerns with the processing of the application for the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry with respect to:

       -    lack of interaction and consultation with the Project Consultative Committee;

       -    lack of transparent consultation with the broader community;

       -    the adequacy and integrity of the EIS forming part of the application

       and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

 4.   Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above submission and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5.    Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a)     A copy of the submission made in accordance with Point 2 above for information.

(b)     Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.

 

THE AMENDMENT WAS PUT AND CARRIED

 

MOVED:  Levido/Alley

 

That Council:

1.    Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2.    Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3.    Notwithstanding Point 2 above, Council also notes community concerns with the processing of the application for the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry with respect to:

       -    lack of interaction and consultation with the Project Consultative Committee;

       -    lack of transparent consultation with the broader community;

       -    the adequacy and integrity of the EIS forming part of the application

       and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

 4.   Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above submission and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5.    Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a)     A copy of the submission made in accordance with Point 2 above for information.

(b)     Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.

carried:      6/0

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

Against:       Nil

 

THE AMENDMENT BECAME THE MOTION AND WAS PUT

 

RESOLVED:  Levido/Alley

 

That Council:

1.    Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2.    Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3.    Notwithstanding Point 2 above, Council also notes community concerns with the processing of the application for the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry with respect to:

       -    lack of interaction and consultation with the Project Consultative Committee;

       -    lack of transparent consultation with the broader community;

       -    the adequacy and integrity of the EIS forming part of the application

       and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

 4.   Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above submission and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5.    Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a)     A copy of the submission made in accordance with Point 2 above for information.

(b)     Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.

carried:      6/0

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

Against:       Nil

 

 

EXTENSION OF TIME

 

RESOLVED:  Alley/Dixon

 

That, as per Clause 18.2 of the adopted Code of Meeting Practice, Council extend the time of this meeting to 11.00pm.

carried:      6/0

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

Against:       Nil

 

Mayor Pinson returned to the meeting, the time being 10.09pm.

 

Councillor Griffiths returned to the meeting, the time being 10.09pm.

 

Councillor Hawkins left the meeting, the time being 10.09pm.

 

Councillor Alley left the meeting, the time being 10.11pm.

 

The Mayor resumed the Chair.

 

13.16  Notice of Motion - Heat Plan

Ms Sarah Mollard addressed Council in support of the recommendation. Ms Mollard answered questions from Councillors.

Councillor Hawkins returned to the meeting, the time being 10.11pm.

Councillor Alley returned to the meeting, the time being 10.14pm.

RESOLVED:  Intemann/Alley

 

That the General Manager be requested to undertake a community education program to educate community awareness of heat effects and ways and means to minimise heat stress.

carried:      7/1

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

Against:       Griffiths

 

Councillor Dixon left the meeting, the time being 10:19pm.

 

10.01  Mayoral Discretionary Fund Allocations - 3 October to 6 November 2019

RESOLVED:  Pinson/Griffiths

 

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

carried:      7/0

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

Against:       Nil

 

Item 10.02 - 30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City - Visit to Japan April 2020 - has been moved to another part of the document.

 

10.03  Notice of Motion - Mike Cusato

RESOLVED:  Hawkins/Alley

 

That Council places on record, its deep gratitude to Mike Cusato for his service to the Port Macquarie-Hastings Community as a Councillor for the period 8 September 2012 to 23 September 2019.

carried:      7/0

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

Against:       Nil

 

 

10.04  Status of Reports From Council Resolutions

RESOLVED:  Turner/Alley

 

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

carried:      7/0

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

Against:       Nil

 

Councillor Dixon returned to the meeting, the time being 10.21pm.

 

10.05  2020 Ordinary Local Government Election

RESOLVED:  Griffiths/Intemann

 

That Council note the information in the 2020 Ordinary Local Government Election report.

carried:      8/0

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

Against:       Nil

 

 

10.06  Legal Fees

RESOLVED:  Intemann/Turner

 

That Council note the information in the Legal Fees report.

carried:      8/0

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

Against:       Nil

 

 

10.07  Recommended Item from Audit, Risk and Improvement Committee - Risk Register Quarterly Report - September 2019 Review

RESOLVED:  Hawkins/Intemann

 

That the Audit, Risk and Improvement Committee recommends that Council:

1.       Notes the effect of the decision of the Supreme Court in the matter of Cornish v Secretary which appears to dilute the effectiveness of a Code of Conduct as a control.

2.       Request the General Manager make representation to the Minister of Local Government and/or Office of Local Government in relation to strengthening the enforceability of the Code of Conduct.

carried:      8/0

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

Against:       Nil

 

Councillor Levido left the meeting, the time being 10.23pm.

 

10.08  Disclosure of Interest Return

RESOLVED:  Dixon/Turner

That Council note the Disclosure of Interest return for the following position:

1.       Senior Strategic Planner.

carried:      7/0

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

Against:       Nil

 

 

10.09  Designated Persons

RESOLVED:  Intemann/Alley

That Council determine that the following position become a Designated Person pursuant to the provisions of section 441 of the Local Government Act 1993:

1.         Environmental Planner.

carried:      7/0

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

Against:       Nil

 

Item 10.10 - Financial Impact of Cost Shifting from Other Levels of Government - has been moved to another part of the document.

 

10.11  Monthly Budget Review - October 2019

RESOLVED:  Hawkins/Turner

 

That Council:

1.       Adopt the adjustments in the “October 2019 Adjustments” section of the Monthly Budget Review - October 2019.

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

carried:      7/0

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

Against:       Nil

 

Item 10.12 - Investments - October 2019 - has been moved to another part of the document.

 

10.13  Quarterly Budget Review Statement - September 2019

Councillor Levido returned to the meeting, the time being 10.25pm.

RESOLVED:  Turner/Hawkins

 

That Council note the Quarterly Budget Review Statement for the September 2019 Quarter.

carried:      8/0

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

Against:       Nil

 

 

10.14  2017-2021 Delivery Program and 2019-2020 Operational Plan - Quarterly Progress Report as at 30 September 2019

RESOLVED:  Griffiths/Dixon

 

That Council note the 2019-2020 Operational Plan Quarterly Progress Report as at 30 September 2019.

carried:      8/0

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

Against:       Nil

 

 

10.15  Annual Financial Statements for the Year Ended 30 June 2019

RESOLVED:  Hawkins/Alley

 

That Council adopt the annual financial statements for the year ended 30 June 2019, as submitted, together with the Auditor’s report.

carried:      8/0

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

Against:       Nil

 

 

10.16  2018-2019 Annual Report

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Adopt the 2018-2019 Annual Report, comprising Parts A and B.

2.       Submit the adopted 2018-2019 Annual Report to the Minister for Local Government by the 30 November 2019.

3.       Publish the adopted 2018-2019 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4.       Note the distribution proposal for Part A Community Report Card 2018-2019.

 

carried:      8/0

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

Against:       Nil

 

 

10.17  Property Investment Portfolio - Six Monthly Report

RESOLVED:  Hawkins/Intemann

 

That Council:

1.    Note the update provided on the Property Investment Portfolio as provided in this report.

2.    Request the General Manager provide annual update reports on the Property Investment portfolio in November each year rather than the current six monthly updates.

carried:      8/0

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

Against:       Nil

 

10.18  Port Macquarie Aquatic Facility Steering Group and Charter

RESOLVED:  Griffiths/Intemann

 

That Council:

1.         Note the information contained within the Port Macquarie Aquatic Facility Steering Group and Charter report.

2.         Appoint members to the Port Macquarie Aquatic Facility Project Steering Group as recommended within this report.

3.         Endorse the Port Macquarie Aquatic Facility Steering Group Charter and amend Charter at Clause 3.3 to add to the end of the first sentence the words “…..on behalf of Council,”.

carried:      8/0

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

Against:       Nil

10.19  Development Activity And Assessment System Performance

RESOLVED:  Alley/Dixon

 

That Council:

1.       Note the Development Activity and Assessment System Performance report for the first quarter of 2019-2020.

2.       Note the determinations made by staff under Clause 4.6 of the Port Macquarie-Hastings Local Environmental Plan 2011 for the quarter.

carried:      8/0

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

Against:       Nil

 

 

11.01  Local Heritage Assistance Fund (2019/2020)

Councillor Levido left the meeting, the time being 10.29pm.

RESOLVED:  Intemann/Alley

 

That Council endorse the allocation of 2019/20 Local Heritage Assistance Fund Grants to the value of $3,000 each to:

1.    P. Davies for conservation works on 46 Comboyne Street - Kendall - All Saints Anglican Church

2.    The Royal Kew Hotel for internal repairs and restoration works.

3.    W. Lang for conservation works on 5 Laurie Street Laurieton - The Former Post Office and cottages.

carried:      7/0

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

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 10.30pm.

 

11.02  Community Participation Plan - Post Exhibition

RESOLVED:  Griffiths/Dixon

 

That Council:

1.       Note the feedback received from the community on the Draft Community Participation Plan during the exhibition period.

2.       Note the changes to the Draft Community Participation Plan.

3.       Adopt the Community Participation Plan and place on the Department of Planning Portal by 1 December 2019.

carried:      8/0

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

Against:       Nil

 

 

11.03  Draft Community Inclusion Plan

RESOLVED:  Intemann/Dixon

 

That Council:

1.       Place the Draft Community Inclusion Plan 2019-2021 on public exhibition from 25 November 2019 to 31 January 2020.

2.       Request the General Manager table a further report following the completion of the exhibition period.

carried:      8/0

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

Against:       Nil

 

 

11.04  Local Strategic Planning Statement

RESOLVED:  Intemann/Turner

 

That Council:

1.    Endorse the recommended approach for development of the first Local Strategic Planning Statement for the Port Macquarie-Hastings Local Government Area as detailed in this report.

2.    Request the General Manager write to the Minister for Planning and Public Spaces, seeking a 12 month extension to the statutory timeline for making of a Local Strategic Planning Statement by Port Macquarie-Hastings Council. 

 

carried:      8/0

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

Against:       Nil

 

 

12.01  Economic Development Strategy 2017-2021: Six Monthly Report on Progress

RESOLVED:  Turner/Hawkins

 

That Council note the six monthly progress report on implementation of the 2017-2021 Port Macquarie-Hastings Economic Development Strategy.

carried:      8/0

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

Against:       Nil

 

 

13.01  Draft Waste Minimisation and Management Policy

RESOLVED:  Intemann/Turner

 

That Council:

1.   Note the draft Waste Minimisation and Management Policy.

2.   Place the draft Waste Minimisation and Management Policy on public exhibition for a minimum period of 28 days, from 27 November 2019 to 31 January 2020.

3.   Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received during the exhibition period.

carried:      8/0

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

Against:       Nil

 

13.02  Protection of Public Infrastructure Bonds Fee

RESOLVED:  Alley/Dixon

 

That Council request the General Manager to reduce the Protection of Public Infrastructure Bonds fee for the Port Macquarie CBD in the draft 2020/21 Fees and Charges to $2,500.00.

carried:      8/0

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

Against:       Nil

 

Item 13.03 - Water Restrictions - has been moved to another part of the document.

 

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

 

Item 13.05 - Long Term Energy Strategy - Six Monthly Update - has been moved to another part of the document.

 

 

13.06  Stage 1 Review of Port Macquarie-Hastings Development Control Plan 2013 - Housekeeping amendments

RESOLVED:  Turner/Hawkins

 

That Council:

1.    Endorse the proposed amendments to Port Macquarie-Hastings Development Control Plan (DCP) 2013 as contained in Attachments 1 - 4 of this report.

2.    Publically exhibit the Draft DCP in accordance with clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000 from 27 November 2019 to 31 January 2020.

3.    Delegate authority to the Director Strategy and Growth to correct any formatting, typographical, numbering or cross-reference errors to the Draft Development Control Plan in preparation for public exhibition.

4.    Receive a further report following the completion of public exhibition period outlining the community feedback received.

carried:      8/0

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

Against:       Nil

 

 

13.07  Planning Proposal:  Mission Terrace, Lakewood - Consideration of Submissions

Councillor Alley 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 10.36pm.

RESOLVED:  Griffiths/Turner

 

That Council:

1.       As a result of the consideration of submissions, amend the Planning Proposal to adjust the eastern boundary of the proposed R1 General Residential zone and make corresponding amendments to the Height of Buildings, Lot Size and Floor Space Ratio LEP maps, as described in this report.

2.       Subject to approval under Point 1 above, and following certification of building upgrade works to the four buildings on the eastern interface of the proposed R1 General Residential zone, as described in this report, take the necessary steps under section 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan (Amendment No 49).

3.       Delegate authority to the Director Strategy and Growth to make any minor amendments to the Planning Proposal in finalising the matter.

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

 

carried:      7/0

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

Against:       Nil

 

Councillor Alley returned to the meeting, the time being 10:38pm.

 

Item 13.08 - Floodplain Management - has been moved to another part of the document.

 

13.09  Coastal Koala Plan of Management - Status update Report

RESOLVED:  Intemann/Hawkins

 

That Council note the information presented in the Coastal Koala Plan of Management update report. 

carried:      8/0

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

Against:       Nil

 

13.10  Development Assessment Panel Charter Review

RESOLVED:  Griffiths/Intemann

 

That Council:

1.    Request the General Manager to review the operation and membership of the Development Assessment Panel (DAP).

2.    Place the amended DAP sub-committee Charter (Attachment 1) on public exhibition for a period of 28 days commencing in February 2020.

3.    Request the General Manager provide a report to the April 2020 Ordinary Council Meeting outlining the review and feedback received during the exhibition period and any recommended changes to the DAP Charter following this exhibition.

carried:      8/0

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

Against:       Nil

 

 

13.11  Classification of Land to be Acquired by Council

RESOLVED:  Intemann/Griffiths

 

That Council proceed to classify Lot 50 Deposited Plan 1248785, land at 921 Hastings River Drive, Pembrooke as Operational Land in accordance with Section 34 of the Local Government Act upon transfer of land ownership to Council.

 

carried:      8/0

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

Against:       Nil

 

 

13.12  Land Acquisition - Houston Mitchell Drive, Bonny Hills

RESOLVED:  Intemann/Dixon

 

That Council

1.    Pay compensation in the amount of $3,000 (GST Exclusive) to the owner of Lot 1 Deposited Plan 1117908, S J Mifsud, for the acquisition of that part of Lot 1 Deposited Plan 1117908 more particularly described as Lot 1 in plan of acquisition Deposited Plan 1210904 (Attachment 1).

2.    Pursuant to Section 59 of the Land acquisition (Just Terms Compensation) Act 1991 pay the landowner’s property conveyancing (legal) costs.

3.    Delegate authority to the General Manager to sign, electronically or otherwise, all documents including but not limited to any authorisation form as required, associated with the acquisition in accordance with the Electronic Transactions Act 2000.

4.    On acquisition of Lot 1 Deposited Plan 1210904, dedicate the land as public road pursuant to Section 10 of the Roads Act 1993.

carried:      8/0

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

Against:       Nil

 

 

13.13  Land Acquisition Required as Part of the Long Flat Sewer Scheme

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Pursuant to Section 186 of the Local Government Act 1993 make application to the Minister for Local Government and Her Excellency the Governor for the compulsory acquisition of Lot 11 DP1258663 for sewer purposes.

2.       Exclude all mines and minerals and the easement for underground powerlines depicted in DP1256147 from the compulsory acquisition of Lot 11 DP1258663 (Attachment 1).

3.       In its capacity as the appointed Crown Land Manager of the land to be acquired, note the acquisition does not impact on the uses of Crown Reserve 95766 for its reserved purpose.

4.       Upon acquisition of Lot 11 DP1258663 and pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 11 DP1258663 as ‘operational land’, by placing on public exhibition for a minimum period of 28 days, the proposal to classify the land as follows:

-     “It is intended to classify Lot 11 DP1258663 (land at 31 Henry Street, Long Flat) as operational land”

5.       Note a further report will be tabled at a future Council meeting detailing any submissions received during the exhibition period.

6.       Delegate authority to the General Manager to request the Registrar General of Land Registry Services to note the compulsory acquisition, record Port Macquarie-Hastings Council as the registered proprietor of Lot 11 DP1258663 and issue a Certificate of Title for Lot 11 DP1258663.

carried:      8/0

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

Against:       Nil

 

Item 13.14 - Notice of Motion - Sancrox Quarry Project - has been moved to another part of the document.


 

 

13.15  Notice of Motion - Biodiversity Investigations

RESOLVED:  Intemann/Hawkins

That Council:

1.       Request the General Manager to undertake investigations into possible land acquisition(s) for the purpose of biodiversity opportunities for long term stewardship.

2.       Request the General Manager to table a report to the March 2020 Council meeting with the results of the investigations referred to in Point 1.

 

carried:      8/0

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

Against:       Nil

 

Item - 13.16 Notice of Motion - Heat Plan - has been moved to another part of the document.

 

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-19-51 Supply and Delivery of Bulk Bitumen Emulsion

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-19-63 Technology Infrastructure Management Agreement

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

Item 15.03 T-19-26 Environmental Assessment and Development Application for Planned Works at Port Macquarie Airport

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 15.04 T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case

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

Item 15.05 T-19-50 Port Macquarie Town Centre Pavement Cleaning

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

Item 15.06 Port Macquarie Transport Network Community Consultative Committee

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, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

ADJOURN MEETING

The Ordinary Council Meeting adjourned at 10.41 pm.

 

 

RESUME MEETING

The Ordinary Council Meeting resumed at 11.03 pm.

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Intemann/Dixon

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

carried:      8/0

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

Against:       Nil

 

Item 15.01 T-19-51 Supply and Delivery of Bulk Bitumen Emulsion

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.

Mayor Pinson declared a Pecuniary  Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 10.43pm.

The Deputy Mayor assumed the Chair.

RESOLVED:  Turner/Griffiths

 

That Council:

1.    Pursuant to Section 55 (3)(a) of the Local Government Act 1993, resolve to not invite tenders for the Supply and Delivery of Bulk Bitumen Emulsion.

2.    Accept the quotation obtained through Local Government Procurement’s LGP213-2 arrangement from Bitupave Ltd t/as Boral Asphalt for the Supply and Delivery of Bulk Bitumen Emulsion.

3.    Accept the Schedule of Rates from Bitupave Ltd t/as Boral Asphalt for the Supply and Delivery of Bulk Bitumen Emulsion.

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

5.    Maintain the confidentiality of the documents and considerations in respect of Tender T-19-51.

carried:    7/0

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

Against:     Nil

 

Item 15.02 T-19-63 Technology Infrastructure Management Agreement

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

RESOLVED:  Hawkins/Intemann

That Council:

1.   Pursuant to Section 55 (3)(a) of the Local Government Act 1993, note the engagement of S5 Technology Group Pty for the provision of the Technology Infrastructure Management Agreement for the period ending 3 September 2020 with an extension option of a further 12 month term, to be renewed in accordance with Service Level Agreement.

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

3.    Maintain the confidentiality of the documents and consideration in respect of request for quotation T-19-63.

carried:      8/0

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

Against:             Nil

 

Item 15.03 T-19-26 Environmental Assessment and Development Application for Planned Works at Port Macquarie Airport

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.

Councillor Levido declared a Non-Pecuniary - Significant Interest in this item and left the room and was out of sight during the Council's consideration, the time being 10.44pm.

RESOLVED:  Intemann/Hawkins

That Council:

1.      Accept the tender from King & Campbell Pty Ltd for $190,945.50 (exclusive of GST) for the Environmental Assessment and Development Application for planned works at Port Macquarie Airport, including:

-     runway strip (RWS) and obstacle limitation surface (OLS) clearing;

-     relocation of the aerodrome weather information service; and

-     staged construction of a new parallel taxiway and run up bays.

2.    Accept the Schedule of Rates from King & Campbell Pty Ltd for the Environmental Assessment and Development Application for the planned works at Port Macquarie Airport.

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

4.    Maintain the confidentiality of the documents and consideration in respect of Tender T-19-26.

carried:      7/0

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

Against:       Nil

 

Item 15.04 T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case

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

 

RESOLVED:  Hawkins/Griffiths

That Council:

1.    In accordance with the Local Government (General) Regulations 2005 clause 178(1)(b), decline to accept any of the tenders submitted for RFT T-19-49 for Port Macquarie Road Network Planning Project - Strategic Business Case due to contractual clause departures resulting in no conforming Tenders being received.

2.    In accordance with the Local Government (General) Regulations 2005 clauses 178(3)(e) and 178(4), decline to invite fresh tenders, and enter into negotiations with SMEC who submitted a Tender in response to RFT T-19-49, with a view to entering into a contract for Port Macquarie Road Network Planning Project - Strategic Business Case for the reason that the Tender Evaluation Panel considers that the tenderer has demonstrated the experience, capacity and capability to meet the requirements of the RFT.

3.    Request the General Manager present a further report to a future meeting of Council on completion of the negotiation process, for Council’s further consideration of RFT T-19-49.

4.    Maintain the confidentiality of the documents and considerations in respect of RFT T-19-49.

 

Item 15.05 T-19-50 Port Macquarie Town Centre Pavement Cleaning

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

RESOLVED:  Intemann/Dixon

That Council:

1.    Accept the tender from Waspindustries Pty Ltd for the provision of pavement cleaning and sealing services for the Port Macquarie Town Centre (PMTC), for a two-year period commencing 1 December 2019, with two options to extend for a further one-year period, such options to be for the benefit of the Council and may be exercised only by the Council in its sole discretion.

2.    Accept the Schedule of Rates from Waspindustries Pty Ltd for the provision of pavement cleaning and sealing services for the Port Macquarie Town Centre

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

4.    Maintain the confidentiality of the documents and considerations in respect of Tender T-19-50.

carried:      8/0

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

Against:          Nil

 

 

 

 

Item 15.06 Port Macquarie Transport Network Community Consultative Committee

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

RESOLVED:  Griffiths/Pinson

 

That Council:

1.    Appoint Denise Wilson as the Independent Chair of the Port Macquarie Transport Network Community Consultative Committee, as assessed by an independent third party.

2.    Appoint the following people as independent members of the Port Macquarie Transport Network Community Consultative Committee, for a 12 month term, as recommended by an independent third party assessment:

a)     Adele Graham

b)     Michael Mowle

c)      Craig Nethery

d)     Brad Thomas

e)     Anthony Thorne

f)       Philip Lloyd

3.   That Councillors Intemann and Alley be the Councillor representatives as members of the Port Macquarie Transport Network Community Consultative Committee.

4.   Maintain the confidentiality of the documents and consideration of the Expression of Interest.

5.   Amend the Charter as follows:

-      at Clause 3.3, add to the end of the first sentence the words “...on behalf of Council,”

-      at Clause 5.3, change the second sentence to read “The secretariat will ensure that the business paper and supporting papers are circulated as early as possible but at least 3 days prior to each meeting.”

-     at Clause 3.0 - Membership - allow an additional community member on the Consultative Committee.

carried:      7/0

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

Against:          Nil

 

 

 

The meeting closed at 11.02pm.

 

………………………………………..

Peta Pinson

Mayor

 


AGENDA                                                                                Ordinary Council      11/12/2019

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      11/12/2019

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      11/12/2019

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      11/12/2019

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

11/12/2019









 

 

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

11/12/2019

 

 

Item:          10.01

 

Subject:     Mayoral Discretionary Fund Allocations - 7 November to 27 November 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 7 to 27 November 2019 inclusive.

 

Executive Summary

 

To advise of the allocations made by the Mayor from the Mayoral Discretionary Fund for the period 7 to 27 November 2019 inclusive.

 

Discussion

 

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

 

Donation of Glasshouse Voucher to Gidget Foundation Fundraiser on 08/11/19

$100.00

Donation of Glasshouse Voucher to PMQ TAFE’s “Movember” Fundraiser

$200.00

 

$300.00

 

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

11/12/2019

 

 

Item:          10.02

 

Subject:     Request for Leave of Absence - Mayor Peta Pinson

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Grant leave of absence for Mayor Peta Pinson for the period 20 February to 1 March 2020 inclusive.

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

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

 

Executive Summary

 

Council has received a request for leave of absence from Mayor Pinson for the period Thursday, 20 February to Sunday, 1 March 2020 inclusive.

 

Discussion

 

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

 

Mayor Pinson has requested leave of absence for the period 20 February to 1 March 2020 inclusive.

 

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

 

Options

 

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

 

Community Engagement & Internal Consultation

 

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

 

 

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.03

 

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

Markets Policy and local markets
&
Hay Street Forecourt Tuesday Real Food Market  Compliance Report

21/11/18
Item 11.03 &
20/02/19
Item 11.01

 

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

Draft Planning Proposal Policy - Post Exhibition

16/10/2019
Item 13.06

 

DSG

 

Dec-19

Sustainability Initiatives and Programs

16/10/19
Item 13.01

 

DDE

 

Dec-19

30th Anniversary of Sister City Relationship - cost, benefits, budget

20/11/19
Item 10.02

 

DSG

 

Dec-19

Sancrox Quarry Project

20/11/19
Item 13.14

 

DDE

 

Dec-19

RFT T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case - negotiation process

20/11/19
Item 15.04

 

DI

 

Dec-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

Feb-20

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
Dec-19

Feb-20

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

Feb-20

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

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

15/08/18
Item 12.04

Awaiting response from proponent

DSG

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

Feb-20

2020 Ordinary Local Government Election

20/02/19
Item 09.07

 

DCP

 

Feb-20

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
Dec-19

Feb-20

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

Feb-20

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
Dec-19

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

LGP EL0519 Supply of Electricity - Accepted Rates

17/07/19
Item 15.06

Analysis is yet to be completed

DCP

Sep-19
Oct-19
Dec-19

Feb-20

JH Taylor & MJ Taylor vs PMHC - report when finalised

18/09/19
Item 15.03

 

DCP

 

Feb-20

T-19-38 Supply and Delivery of Electrical Goods

16/10/2019
Item 15.01

Still negotiating

DI

Dec-19

Feb-20

Beach to Beach Project - Progress Report

16/10/2019
Item 10.04

 

DI

 

Feb-20

Water Restrictions & Water Security

20/11/19
Item 13.03

 

DI

 

Feb-20

Land Acquisition Required as Part of the Long Flat Sewer Scheme - post exhibition

20/11/19
Item 13.13

 

DDE

 

Feb-20

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

Mar-20

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

20/06/18
Item 14.05

 

DSG

 

Mar-20

Draft Waste Minimisation and Management Policy - post exhibition

20/11/19
Item 13.01

 

DCP

 

Mar-20

Draft Community Inclusion Plan - post exhibition

20/11/19
Item 11.03

 

DSG

 

Mar-20

Stage 1 Review of Port Macquarie-hastings Development Control Plan 2013 - Housekeeping Amendments - post exhibition

20/11/19
Item 13.06

 

DSG

 

Mar-20

Biodiversity Investigations Stewardship Sites

20/11/19
Item 13.15

 

DDE

 

Mar-20

Development Assessment Panel Charter Review - post exhibition

20/11/19
Item 13.10

 

DDE

 

Mar-20

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

Jun-20

Canal Maintenance

18/10/17
Item 12.04

Works delayed 18mths.

DI

FY2018/2019

Jun-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

Long Term Energy Strategy - suitable sites

20/11/19
Item 13.05

 

DDE

 

Jul-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

Design Rainbow Beach Design of Rainbow Beach Sporting Fields & Construction of School to School Shared Pathway - outcome of procurement strategy for each project

16/10/2019

 

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

 

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

 

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

 

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

 

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

 

Performance of Property Investment Portfolio 6-Monthly
(20/11/19 - Item 10.17)

DSG

Annually

Nov

 

Compliments and Complaints Annual Report

DSG

Annually

Dec

Feb-20

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.04

 

Subject:     Notice of Motion - Council Meeting Commencement Time

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council, in light of Section 3.2 of the Code of Meeting Practice, where Council shall by resolution, set the frequency, time, date and place of its Ordinary Meetings:

1.       Note that the meeting dates and locations for Ordinary Council meetings up until and including December 2020, have been determined by Council at its Ordinary meeting held 18 September 2019.

2.       Commence its Ordinary meetings of Council at 10:00am effective from the September 2020 Council meeting.

 

Comments by Mayor Pinson

Historically Council has held meetings in the evening from 5.30pm on the third Wednesday of each month.

Due to the length of Council Meetings and the required consideration and debate by the elected body, many Council Meetings are in excess of 5hrs.

The staff are required to attend Council Meetings and it is becoming apparent that the number of hours for a Council Meeting make for an extremely long work day.

By moving Council Meetings to daytime, more of the LGA community would be available to attend which would include school groups who could see how local government democracy works along with how decisions are made by Council on behalf of the community.

I put the recommendation to Council for the benefit of Council staff and community members.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.05

 

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

 

The Council adopted 2019-2020 budget position as at 31 October 2019 was a shortfall of $834,938.  The budget adjustments contained in this report leave this shortfall unchanged for the month of November.    

  

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

October Review

Balanced

                    $0

November Review

Balanced

                    $0

Forecast Budget Position for 30 June 2020

Shortfall

($834,938)

 

November 2019 Adjustments

The following adjustments reflect budget movements as a result of grant funding received, s7.11 funding, reserve movements, council resolutions and budget variance 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

$405,000

s7.11 Contributions

2

s7.11

$34,032

Reserve Movements

3

Reserve

$400,000

Council Resolutions

4

Loans

$2,400,000

Budget Variation Requests

5

Reserve

$370,854

Total

 

 

  $3,609,886

 

 

1.   Grant Funding

 

Council Project

Grant Provider

Grant Funding

Other Funding*

Comment

Airport Security

Dept. of Industry, Innovation & Science

$405,000

$0

Council has secured a grant for the provision of security screening equipment.

Total Grant Funding

 

$405,000

 

 

 

* Other funding already contained within existing budgets

 

 

 

 

 

 

 

 

 

2.   S7.11 Contributions

 

Council Project

Contributions From

Amount

Other Funding

Comment

Shelley Beach Corridor Environmental Management

s7.11

$11,282

$0

Adjustment to cover costs associated with the maintenance of the Shelley Beach Corridor, (funds collected under VPA).

Glenview Park Maintenance

s7.11

$22,750

$0

Adjustment to cover costs associated with the maintenance of the Glenview Park maintenance, (funds collected under VPA).

S7.11 Contributions

$34,032

$0

 

 

 

3.   Reserve Movements

 

Transfer from

Transfer To

Amount

Comments

Strategic Priorities Reserve

Orbital Road Study

$400,000

Transfer from Strategic Priorities Reserve to replace Grant funding budgeted in the 2019/2020 budget which is no longer going to be received

Reserve Movements

$400,000

 

 

 

4.   Council Resolutions

 

Description

Comment

Amount

Source

Upgrade of Boundary St to Hastings River Drive

 

 

Council resolved at the Ordinary Council Meeting (Item 10.08) on the 16 October 2019 to borrow $2.4M to progress five prioritised projects.

$804,465

Loan funding

Upgrade of Bril Bril Rd

$482,680

Loan funding

Schools to Schools Project

 

$321,785

Loan funding

Beach to Beach - North Haven to Dunbogan

$643,570

Loan funding

Tidal Improvements - Lake Innes & Lake Cathie Estuarine

$147,500

Loan funding

 

Total Council Resolutions

$2,400,000

 

 

*Note: work is continuing around the allocation of the $2.4m borrowings, noting that the above allocations may change in early 2020.

 

 

5.   Budget Variation Requests (approved by Executive)

 

Project Name

Funding Source

Amount

Comments

Broadwater Canals Lighthouse & Gangway Repairs

Reserve

$110,854

Maintenance to existing structures at the entrance to the Broadwater Canals

Woods St Upgrade

Reserve

$260,000

Increase scope and detailed design

Total Approved Budget Variations

$370,854

 

 

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

 

Attachment 1 to this report contains information of each individual budget adjustment by Division and Section. The budget movements within this report maintain the budget position at 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 November 2019, this shortfall position is $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. November 2019 Budget Review

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.06

 

Subject:     Investments - November 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 November 2019.

 

Executive Summary

 

·    Total funds invested as at 30 November equals $298,895,808.

·    Interest for the month of November was $641,115.

·    The year-to-date investment income of $3,401,445 represents 41% 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 (2.83% against 1.08%), benchmark being the Bank Bill reference rate as at 30 November 2019.

 

The following outlines the significant points outlined in the attached Monthly Report (Attachment 1), as provided by Council’s investment advisors:

 

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

·    Over the past 12 months, the portfolio has returned +2.93% p.a., outperforming bank bills by 1.35% p.a. and more than double the official cash rate of 1.23%. This has been very strong given deposit rates reached their all-time lows and margins have generally contracted over the past 3 years.

·    Investment in the regional and unrated ADI sector is still supported.  APRA’s Chairman affirmed that the banks had satisfactorily moved towards an ‘unquestionably strong’ capital position and that bank’s stress testing contingency plans were now far better positioned that was previously the case years ago.  APRA’s latest discussion paper also highlighted that the domestic major banks were required to raise more capital while the lower rated ADIs were already deemed to be at a satisfactory level.

·    Further interest rate cuts are on the horizon over the next 6-12 months, therefore the priority should be to lock in any attractive medium-longer dated fixed deposits.

·    Should credit securities become more attractive relative to deposits, it is recommended to consider increasing the allocation to liquid senior floating rate notes.

 

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 (Attachment 2) 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 November 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 November 2019, the investments held by Council totalled $298,895,808 and were attributed to the following funds:

 

General Fund

130,139,236

Waste Fund

18,504,639

Water Fund

100,351,279

Sewer Fund

48,456,988

Sanctuary Springs Fund

                                            38,856

Broadwater

1,404,810

 

298,895,808

 

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.

 

It is noted that there is a minor variance between the total investments held as per this report, ($298,895,808), and total investments held as per Imperium’s attached monthly report ($298,895,538). This is due to the fact that Council’s accounting policy treatment means that floating rate notes (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. 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 (2.83% against 1.08%) and year to-date income is 41% 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

 

 

Attachments

 

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

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

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.07

 

Subject:     Relief Measures for Bushfire Impacted Residents

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.3.1 Provide effective leadership and equity.

 

 

 

RECOMMENDATION

 

That Council:

1.       Waive the fees and charges detailed in this report, in relation to owners of properties which have been damaged or destroyed in the 2019 Bushfires. These fees and charges include:

a)      Interest on rates and charges

b)      Water and sewerage charges

c)      Waste management and tipping fees

d)      Relevant fees and charges associated with building / construction

2.       Delegate approval to the General Manager to enter into a formal agreement with an eligible applicant to repay outstanding rates and charges by periodical payments on a payment arrangement, where the applicant is the owner of a property which has been damaged or destroyed in the 2019 Bushfires, as identified by the NSW Rural Fire Service.

3.       Amend the Rates and Charges Hardship Assistance Policy to include provisions for property owners who have had a house, facility or outbuilding determined to be destroyed or damaged by the responsible government agency as a result of a natural disaster.

 

Executive Summary

 

The Port Macquarie-Hastings LGA and surrounding regions have been subject to unprecedented bushfire activity over recent times. Whilst the recovery process is ongoing and assessments of the full impacts are underway, it is recognised that the impact on our community is significant and recovery will be ongoing for a significant period of time. In addition, the threat from bushfire activity is still ongoing with a number of fires in the area still active.

 

This report is intended to provide a number of relief measures for those members of the community severely impacted by the bushfires and to assist in minimising the financial burden on those impacted during the recovery period.

 

Discussion

 

The recovery process in response to the recent bushfire emergency is underway, with assessments of impacts ongoing and a number of assistance measures announced by State and Federal Governments. The impact on the local community has been significant and the recovery process is likely to take a significant amount of time. The threat of bushfire is continuing with drought and weather conditions providing challenges to the ongoing efforts by emergency services to control current bushfire activity.

 

In order to assist those members of our community who have been most severely impacted and aid in the recovery process, Council has considered a range of options, including a number of measures to provide financial relief to those affected.

 

As noted above, the State and Federal Governments have announced various initiatives that will assist those affected in the Bushfire emergency and the intent of this report is not to replace these assistance avenues. This report is intended to provide additional assistance to those members of the community experiencing genuine difficulty in paying rate and charges as a result of the bushfire impacts, where alternative cost recovery avenues are not available.

 

The following fees are proposed to be waived under the recommendation:

 

Interest on rates and charges

Council may at its discretion write off rates, charges or interest, subject to the Rates and Charges Hardship Assistance Policy. It is proposed that interest charges in relation to properties which have been damaged or destroyed in the 2019 Bushfires be waived for late payments for the quarterly rates instalment in accordance with section 567 of the Local Government Act 1993 and under the provisions of the Rates and Charges Hardship Assistance Policy.

 

Water and sewerage charges

Properties which have been damaged or destroyed in the 2019 bushfires and are connected to the town water supply will, on application, be disconnected and reconnected at the appropriate time to water supply infrastructure at no charge.

 

Waste management and tipping fees

Council has compiled a factsheet in relation to waste services (refer attachment 1). This outlines the following financial provisions:

 

·    For residential properties (including out buildings) damaged or destroyed in the fires, Council will waive all general waste fees for waste received at the Cairncross Waste Management Facility until 29 February 2020.  This waiver does not include commercial or industrial waste (normal fees apply).

·    Council will waive all fees for asbestos waste relating to fire damaged property.

 

Relevant fees and charges associated with building and construction

To assist with the recovery and support people rebuilding homes and other structures it is recommended that Council waive all Council fees associated with development applications, complying development certificates, construction certificates, plumbing and drainage applications (Section 68 applications) and onsite sewer management systems applications and road opening permits (Section 128 applications) relating to property damaged or destroyed by bushfire where permissible.  These fees vary depending on the type of development and if an owner wishes to rebuild, accordingly it is not possible to estimate the likely cost to Council at this stage.

 

There are other statutory fees that may be applicable as well such as, the Plan First Levy/Planning Reform Fee payable with all development applications to the NSW Department of Planning Industry and Environment, the NSW Long Service Levy which is payable to the Long Service Corporation NSW and the Integrated Authority Referral Fee which is payable to government agencies such as the RFS or the RMS for example for integrated development applications.  Unfortunately, Council cannot legally waive these fees.

 

Council’s Rates and Charges Hardship Assistance Policy currently has provisions for Council to enter into a formal agreement with an eligible applicant to repay outstanding rates and charges by periodical payments on a payment arrangement.  This does not however cover situations where the applicant is the owner of a property impacted by natural disaster.  It is therefore proposed to extend these provisions to allow Council officers with the relevant delegated authority to enter into such agreements where the applicant is the owner of a property which has been damaged or destroyed in the 2019 Bushfires. It is also proposed to amend the Rates and Charges Hardship Assistance Policy to include provisions for property owners who have had a house, facility or outbuilding determined to be destroyed or damaged by the responsible government agency as a result of a natural disaster.

 

Options

 

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

 

Community Engagement & Internal Consultation

 

Consultation has occurred with the Director Corporate Performance, Director Development and Environment, Group Manager Financial Services, Group Manager Commercial Business Units, Rates and Revenue Coordinator.

 

Planning & Policy Implications

 

Council’s Rates and Charges Hardship Assistance Policy will need to be amended subject to the adoption of the recommendation included in this report.

 

Financial & Economic Implications

 

Assessment of bushfire impacts is ongoing and the overall impact will vary depending on the volume / nature of damage and the path that relevant owners wish to take, (e.g. rebuild or not).  Therefore, whilst there will be a financial impact in relation to the above measures, it is not possible to reliably estimate the likely cost to Council at this stage.

 

Attachments

 

1View. Fact Sheet - Waste Services Bushfire Recovery 2019

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.08

 

Subject:     Discussion Paper for a New Risk Management and Internal Audit Framework for Local Councils in NSW

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.3.3 Ensure there is appropriate management of risk to mitigate impact for Council and the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Endorse the submission to the included in this Discussion Paper for a New Risk Management and Internal Audit Framework for Local Councils in NSW report.

2.       Request the General Manager lodge the submission referred to in 1. above to the Office of Local Government by the due date of 31 December 2019.

 

Executive Summary

 

The NSW Office of Local Government is requesting written submissions from councils, members of the public and risk management and internal audit practitioners by 31 December 2019 in regard to a proposed new Risk Management and Internal Audit Framework for Local Councils in NSW.

 

Discussion

 

As advised by the Office of Local Government, the NSW Government made it a requirement under the Local Government Act 1993 in 2016 that each council have an Audit, Risk and Improvement Committee (ARIC). This requirement will take effect from March 2021.

 

The Government has since been working with key stakeholders and industry experts to develop the regulatory framework that will support the operation of ARICs, and the establishment of a risk management and internal audit function in each council.

 

This new framework proposes nine Core requirements, these are:

 

1.   Appoint an independent Audit, Risk and Improvement Committee

2.   Establish a risk management framework consistent with current Australian risk management standards

3.   Establish an internal audit function mandated by an Internal Audit Charter

4.   Appoint internal audit personnel and establish reporting lines

5.   Develop an agreed internal audit work program

6.   How to perform and report internal audits

7.   Undertake ongoing monitoring and reporting

8.   Establish a quality assurance and improvement program

9.   Councils can establish shared internal audit arrangements

 

The NSW Office of Local Government is requesting written submissions from councils, members of the public and risk management and internal audit practitioners by 31 December 2019.

 

The Snapshot Guide is attached as Attachment 1 for information.

 

A link to the full discussion paper is as follows:

 

https://www.olg.nsw.gov.au/sites/default/files/A%20new%20risk%20management%20and%20internal%20audit%20framework%20for%20local%20councils%20in%20NSW%20-%20discussion%20paper.pdf

 

Council has prepared a draft submission for the Office of Local Government and is attached as Attachment 2 for the consideration of Council.

 

Options

 

1.       Council can resolve in line with the recommendation included in this report i.e. endorse and lodge the attached draft submission to the OLG by the closing date;

2.       Council can choose to amend the draft submission, with the General Manager to then lodge the submission to the OLG by the closing date;

3.       Council can resolve not to lodge a submission.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Internal consultation has taken place with relevant Council officers and Councillors in the development of the draft submission.

 

The Audit, Risk and Improvement Committee considered the framework at their meeting on 24 October 2019.

 

Submissions on the IPART report are due back to the OLG by 31 December 2019, hence why this report is being tabled at the December 2019 Council meeting for consideration.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

However, if the NSW government does implement the new framework, then this will add significant cost and have resourcing implications for Council.

 

Attachments

 

1View. Discussion Paper - Snapshot Guide

2View. Draft Council Submission - Risk Management and Internal Audit Framework for Local Councils in NSW

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.09

 

Subject:     Code of Conduct Complaint Statistics

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

RECOMMENDATION

 

That Council note the Code of Conduct Complaint Statistics for the period 1 September 2018 to 31 August 2019.

 

Executive Summary

 

The “Procedures for the administration of the Model Code of Conduct” state that Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council each year.

 

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

 

The statistics pertain to the period 1 September 2018 to 31 August 2019.

 

Discussion

 

Clause 12.1 of the “Procedures for the administration of the Model Code of Conduct” state that the Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council within three (3) months of the end of September each year.

 

Additionally, clause 12.2 of the “Procedures for the administration of the Model Code of Conduct” states that Council is to provide the Office of Local Government a report containing the statistics detailed in clause 12.1 within three (3) months of the end of September each year.

 

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

 

Code of Conduct Statistics

 

1

a)

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

14

b)

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

5

2

a)

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

1

b)

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

0

c)

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

13

d)

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

12

e)

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

1

f)

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

2

g)

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

0

h)

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

12

i)

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

1

j)

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

0

k)

Number of complaints being investigated that are not yet finalised

0

l)

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

$51,051

3

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

 

a)

To take no action

12

b)

To resolve the complaint by alternative and appropriate strategies

0

c)

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

1

d)

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

1

e)

To investigate the matter

0

f)

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

0

4

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

 

a)

That the Council revise its Policies or procedures

0

b)

That a person or persons undertake training or other education

0

5

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

 

a)

That the Council revise any of its Policies or procedures

0

b)

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

0

c)

That the subject person be counselled for their conduct

0

d)

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

0

e)

That findings of inappropriate conduct be made public

0

f)

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

0

g)

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

0

h)

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

1

6

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

0

7

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

 

a)

General conduct (Part 3)

1

b)

Conflict of interest (Part 4)

0

c)

Personal benefit (Part 5)

0

d)

Relationship between council officials (Part 6)

0

e)

Access to information and resources (Part 7)

0

8

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

0

9

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

0

 

The statistics pertain to the period 1 September 2018 to 31 August 2019.

 

Options

 

No other options.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

The Office of Local Government has been consulted with relating to reporting requirements.

 

Internal Consultation

 

·    General Manager;

·    Director, Corporate Performance; and

·    Complaints Coordinator (Group Manager Governance).

 

Planning & Policy Implications

 

This report satisfies the requirement of Clause 12.1 of the “Procedures for the administration of the Model Code of Conduct”. This section states that the Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council within three (3) months of the end of September each year.

 

Financial & Economic Implications

 

No financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          10.10

 

Subject:     Draft Glasshouse Plan 2020 - 2022

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the draft Glasshouse Plan 2020-2022 as detailed in this report.

2.       Place the draft Glasshouse Plan 2020-2022 on public exhibition for a minimum period of 28 days, from 24 January 2020 to 21 February 2020.

3.       Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received during the exhibition period.

 

Executive Summary

 

In July 2014, Council adopted the Glasshouse Strategic Plan 2014-2017 to provide a greater commercial focus in the operation of the venue.  Since that time, significant progress has been made in reducing the net cost of the operation of the venue to the community, while continuing to ensure the delivery of high quality cultural, community and commercial activities.

 

Council’s 2018-19 Operational Plan action 1.5.3.2 required that Council “Review and update the Glasshouse Strategic Plan”.

 

In September 2018, Council adopted the Cultural Plan 2018 - 2021 including action 4.3 to provide input into the development of Council’s Glasshouse Strategic Plan.

 

Following consultation with Council’s Cultural Steering Group and Councillors, a draft Glasshouse Plan 2020 - 2022 (as attached) has now been developed to guide the future strategic direction of the venue. 

 

The Glasshouse Plan 2020 - 2022 provides the framework for the Glasshouse to:

·    Contribute to the development of our region’s cultural identity;

·    Provide opportunities for our community to engage with and participate in arts and cultural experiences;

·    Promote a diverse range of high quality cultural, community and commercial activities which contribute to our region’s visitor economy;

·    Continue to apply a prudent financial management focus to the delivery of Glasshouse services to support the long-term viability of the venue for our community.

 

It is proposed to place the draft Plan on public exhibition to obtain broader community and stakeholder feedback prior to finalisation and further consideration of the Glasshouse Plan 2020 - 2022 by Council.

 

Discussion

 

At the Ordinary Council Meeting held on 19 June 2013, Council resolved to develop a Strategic Business Plan to provide a greater commercial focus in the future operation of the Glasshouse:

 

1.       Council note the information provided in this report detailing the seventy one (71) submissions received relating to the future strategic direction of the Glasshouse;

2.       Endorse the following statement that details the future strategic direction of the Glasshouse:

'The Glasshouse is a unique, nationally recognised and highly awarded multi-purpose facility. It contributes significantly to the economic benefit, place making, lifestyle and marketing of the Port Macquarie Hastings region. It is and will continue to be a key centre for high quality cultural, community and commercial activities on the Mid North Coast.'

3.       A Draft Strategic Business Plan for the Glasshouse be developed giving consideration to the Strategic Direction and a more commercial focus in future operations.

4.       The Draft Strategic Business Plan be tabled at a future meeting of Council.

 

The Glasshouse Strategic Plan 2014 - 2017 was subsequently developed in consultation with the then Glasshouse Sub-Committee and formally adopted by Council in July 2014 with a focus on 4 key outcome areas:

 

·    Ensuring good governance;

·    Developing successful partnerships;

·    Enhancing utilisation and visitation;

·    Promoting viability.

 

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

 

While the Glasshouse Strategic Plan was dated 2014 - 2017, pending adoption of an updated Strategic Plan, day-to-day operations at the Glasshouse have continued to be guided by the Glasshouse Strategic Plan 2014 - 2017.  Reports are presented to Council in February and August each year, providing updates on progress against the Glasshouse Strategic Plan, key performance measures and financial information for the previous financial year period.

 

At the Ordinary Council Meeting held in September 2018, Council adopted the Cultural Plan 2018 - 2021 to drive and support cultural development within the Port Macquarie - Hastings region.  The Cultural Plan includes the following action:

 

4.3 Glasshouse Strategic Plan

Provide input into the development of Council’s Glasshouse Strategic Plan to ensure the delivery of high-quality cultural, community and commercial activities which reflect the social and cultural aspects that are relevant to our community

 

In accordance with this action, a number of discussions have taken place with the Cultural Steering Group since October 2018 to obtain feedback on the development of the Glasshouse Plan.

 

In August 2019, a Councillor Briefing was also held to obtain feedback and direction from Councillors as to the future strategic direction of the venue.

 

The draft Glasshouse Plan 2020 - 2022 (as attached) has now been developed in consideration of the feedback received to date.

 

The Glasshouse Plan 2020 - 2022 seeks to:

 

·    Continue the adopted strategic direction of Council, being to apply a commercial focus in the operation of the venue;

·    Realign the 2014 - 2017 outcome areas to refocus the strategic direction on:

-     Enhancing utilisation, visitation and participation;

-     Developing successful partnerships;

-     Promoting viability and ensuring good governance;

·    Provide a broader scope than the 2014 Strategic Plan, and present information to inform the community and stakeholders of the breadth of Glasshouse activities provided across the cultural, community and commercial areas;

·    Demonstrate clear alignment of the Glasshouse Plan and activities with the aspirations of Council’s Cultural Plan 2018 - 2021 objectives, strategies and actions, and identify actions to contribute to the following Cultural Plan 2018 - 2021 actions:

-     1.3 Venues and spaces

-     1.4 Showcase programs

-     1.8 Professional development opportunities

-     2.1 Inclusive programs and events

-     2.4 Community-based and community-led programs

-     3.1 Collaborative partnerships

-     3.2 Cultural marketing and communications plan

-     4.1 Funding

-     4.7 Cultural performance measure

 

The following Glasshouse Plan 2020 - 2022 actions are recommended in support of the key outcome areas and Cultural Plan 2018 - 2021 strategies:

 

Enhancing utilisation, visitation and participation

 

Ensuring the delivery of high quality cultural, community and commercial activities

 

Cultural Plan Action 1.3 Venues and spaces

 

1.3.1    Market and promote the Glasshouse performance, exhibition and event spaces as the premier venue in the region

1.3.2    Investigate opportunities and implement strategies to promote greater utilisation and activation of the Glasshouse performance, exhibition and event spaces, including consideration of reduced fees and charges options for the Studio and Podium spaces.

1.3.3    Undertake Glasshouse back of house maintenance (OP 2.5.1.2 CW) to ensure continued technical excellence, enhanced customer experiences and/or improved efficiency in the delivery of Glasshouse events

 

Cultural Plan Action 1.4 Showcase programs

 

1.4.1    Manage the delivery of a range of high quality performing and visual arts events at the Glasshouse in consideration of Council’s Cultural Plan (OP 2.5.1.3)

1.4.2    Facilitate opportunities to showcase locally-developed, high-quality performing and visual arts events at the Glasshouse

1.4.3    Attract international standard commercial touring productions to the Glasshouse

 

Cultural Plan Action 1.8 Professional development opportunities

 

1.8.1    Deliver professional development opportunities for artists and our community in conjunction with the Glasshouse performing and visual arts programs

 

Cultural Plan Action 2.1 Inclusive programs and events

 

2.1.1    Develop and deliver a range of education and public programs associated with the Glasshouse performing and visual arts programs, to encourage participation in arts and cultural experiences by all sectors of our community, including young people, seniors, people with a disability, and Aboriginal people

 

Cultural Plan Action 2.4 Community-based and community-led programs

 

2.4.1    Implement strategies within a framework of fair and equitable access, to enhance utilisation and encourage community participation

2.4.2    Provide a high level of professional, technical and marketing support to community hirers to assist in the co-ordination and delivery of community events and to build future capability

 

Developing successful partnerships

 

Working with key stakeholders in the community, government and industry to support the delivery of cultural, community and commercial activities

 

Cultural Plan Action 3.1 Collaborative partnerships

 

3.1.1    Partner with key stakeholders in the community, government and industry to support the delivery of cultural and community programs

3.1.2    Develop the Glasshouse Membership Program and associated marketing initiatives to build customer loyalty and repeat visitation

3.1.3    Deliver a range of Visitor Information services within the Glasshouse to market our region’s rich and diverse experiences

 

Cultural Plan Action 3.2 Cultural marketing and communications plan

 

3.2.1    Review and update the Glasshouse Marketing and Sales Plan

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

 

Promoting viability and ensuring good governance

 

Applying a prudent financial management focus and open and transparent decision-making, to manage the net cost of the operation of the Glasshouse to the community

 

Cultural Plan Action 4.1 Funding

 

4.1.1    Apply a prudent financial management focus to all cultural, community and commercial activities to support long-term efficiency, effectiveness and viability of the Glasshouse

4.1.2    Increase operating revenue at the Glasshouse (OP 1.5.3.1)

4.1.3    Review current revenue sources and investigate the commercial viability of identified new revenue sources (OP 1.5.4.1)

4.1.4    Identify Australian and NSW State Government grant funding opportunities to support the delivery of cultural programs and maintenance of venue technical infrastructure

4.1.5    Review Glasshouse sponsorship / partnership and membership programs and identify new opportunities to support the delivery of cultural and community programs

4.1.6    Investigate and develop a Fundraising Strategy to support the delivery of cultural and community programs and the long-term viability of the Glasshouse

 

Cultural Plan Action 4.7 Cultural performance measure

 

4.7.1    Present biannual reports to Council detailing Glasshouse performance against the Glasshouse Plan, key operational and financial performance measures, and Council’s Cultural Plan Objectives

4.7.2    Undertake an economic impact assessment to measure and report on the benefits of the Glasshouse to the local and regional economy

 

Through these actions, the Glasshouse Plan 2020 - 2022 provides the framework for the Glasshouse to:

·    Contribute to the development of our region’s cultural identity;

·    Provide opportunities for our community to engage with and participate in arts and cultural experiences;

·    Promote a diverse range of high quality cultural, community and commercial activities which contribute to our region’s visitor economy;

·    Continue to apply a prudent financial management focus to the delivery of Glasshouse services to support the long-term viability of the venue for our community.

 

Options

 

Council has the option to:

 

1.       Resolve to exhibit the draft Glasshouse Plan 2020 - 2022 as recommended;

2.       Resolve to undertake amendments to the draft Glasshouse Plan 2020 - 2022 prior to public exhibition;

3.       Resolve to not exhibit the draft Glasshouse Plan 2020 - 2022 and seek further information.

 

Community Engagement & Internal Consultation

 

The draft Glasshouse Plan 2020 - 2022 has been prepared in consideration of feedback received to date from:

 

·    Councillors via a Councillor Briefing in August 2019;

·    Cultural Steering Group;

·    Arts Mid North Coast (via the Cultural Steering Group);

·    Glasshouse staff.

 

It is proposed to place the draft Plan on public exhibition for a minimum period of 28 days, from 24 January 2020 to 21 February 2020, to obtain broader community and stakeholder feedback prior to finalisation and further consideration of the Glasshouse Plan 2020 - 2022 by Council at the Ordinary Council Meeting to be held in March 2020.

 

The public exhibition dates have been deferred to the end of January 2020 to avoid the upcoming Christmas / New Year school holiday period.

 

Further consultation will be undertaken with Council’s Cultural Steering Group during the public exhibition period.

 

Planning & Policy Implications

 

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

 

The Glasshouse Plan is proposed for the period 2020 - 2022, to align with the next review of the Cultural Plan 2018 - 2021 expected in the 2021-22 financial year.

 

Financial & Economic Implications

 

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

 

Consistent with proposed action 1.3.2 “Investigate opportunities and implement strategies to promote greater utilisation and activation of the Glasshouse performance, exhibition and event spaces”, a review is currently being undertaken in conjunction with the planning for Council’s 2020-21 Schedule of Fees and Charges, to consider venue hire fee options, for example, for the Studio and Podium spaces, to promote greater utilisation and activation of these spaces.

 

The draft Glasshouse Plan 2020 - 2022 aims to continue the previously adopted strategic direction of Council, being to apply a commercial focus in the operation of the venue.  Through the key outcome area “promoting viability and ensuring good governance”, the Plan seeks to continue to apply a prudent financial management focus to manage the net cost of the operation of the Glasshouse to the community.

 

The graph below shows the significant progress made since 2011-12 in managing the net cost of the operation of the Glasshouse while continuing to ensure the delivery of high quality cultural, community and commercial activities.

 

 

 

Attachments

 

1View. Draft Glasshouse Plan 2020 - 2022 for exhibition

 

 


AGENDA                                                                                Ordinary Council

11/12/2019









 

 

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

11/12/2019

 

 

Item:          11.01

 

Subject:     Draft Public Art Policy

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.5.1 Support cultural activities within the community.

 

 

 

RECOMMENDATION

That Council:

1.       Note the draft Public Art Policy.

2.       Place the draft Public Art Policy on public exhibition from 13 December 2019 until 21 February 2020.

3.       Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received from the public during the exhibition period.

 

Executive Summary

 

Public art plays an important role in creating connected, effective and empowered communities. Council is committed to integrating high quality public art into infrastructure and urban design projects and to enabling communities across the Local Government Area to express their character and identity through public art.

 

The Draft Public Art Policy seeks to provide the framework for program parameters, decision-making, funding, procurement and management for public art throughout the Port Macquarie-Hastings region.

 

It is proposed that this Policy will supersede Council’s Art In Public Places Policy 2010.

 

Discussion

 

Council’s current ‘Art in Public Places’ Policy was adopted in 2002 (refer Attachment 1), and minor updates were made in 2010.  In 2018, Council adopted the 2018 - 2021 Cultural Plan, which identifies the strategic objective to enrich our community through experiences that embrace and celebrate our diverse and unique art and culture.  It recognises the significant benefits of arts and cultural participation, the positive impact on health and well-being, connectivity and inclusiveness, and its role in building bridges between diverse sectors of our community.  A desired outcome of the Cultural Plan is to develop a co-ordinated approach to public art across the towns and villages in our LGA that is relevant to our communities and encourages people to explore and look at their communities in new and exciting ways.  This is articulated through the following Cultural Plan action:

Develop and implement a Public Art Policy and Guidelines, which provides a framework for commissioning, developing and managing public art (including integration into our major infrastructure projects) that reflects best-practice in public arts.

 

Council engaged Public Art consultants Creative Move Pty Ltd to review the existing Policy and provide feedback and a framework for best practice Public Art.  Creative Move Pty Ltd undertook consultation with members of the Cultural Steering Group and Council staff, including the Glasshouse Regional Gallery staff, responsible for the development and delivery of public art to inform the Draft Public Art Policy (refer Attachment 2). 

 

The Draft Public Art Policy provides a clear framework to guide public art in our region with the following objectives:

 

·    Enhance the Port Macquarie-Hastings Council’s ‘Cultural Brand’ with high quality public art that contributes to its recognition as a cultural leader.

·    Provide clarity regarding the acquisition and management of public art for Council, developers, artists, project partners and the broader community.

·    Develop artistically innovative and environmentally sustainable well-maintained public art.

·    Recognise and promote the region’s local culture and character (including the indigenous cultural history and traditions and European heritage and contemporary culture) and natural and environmental assets, to enhance a distinctive sense of place.

·    Encourage local artists and creative industry participation in public art projects.

·    Encourage partnerships and collaborations with other agencies, governments, the private sector and our community to extend existing resources to create a significant public art collection.

 

A set of guidelines are currently being developed to support the policy framework and provide further detail into the processes and procedures for Council and Community interests in regards to the implementation of the draft Policy.

 

Options

 

Council has the option to:

 

1.       Resolve to exhibit the Draft Public Arts Policy as recommended;

2.       Resolve to request amendment to the Draft Public Art Policy prior to public exhibition;

3.       Resolve not to exhibit the draft Public Art policy and seek further information.

 

Community Engagement & Internal Consultation

 

The final Draft Public Art Policy was presented to the Cultural Steering Group on the 6 November 2019.  The Group reviewed the draft and endorsed the draft policy being presented to the 11 December 2019 Council Meeting, recommending public exhibition.

 

Internal consultation has occurred with:

 

·    Group Manager - Community Engagement

·    Group Manager - Economic and Cultural Development

·    Creative Place Facilitator

·    Manager Destination and Culture

·    Director - Strategy & Growth

·    Economic Development Officer

 

Planning & Policy Implications

 

Should this policy be adopted at a future Council meeting, it will supersede the Art in Public Places Policy 2010.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to the proposed exhibition and adoption of the Policy.

 

Attachments

 

1View. Policy - Art In Public Places (adopted 2010)

2View. Draft -  Public Art Policy 

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          11.02

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - November 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 “the name is suppressed due to a sensitive privacy matter”, receive $350.00 to assist with the expenses they would have incurred travelling to and competing at the NSW Combined High Schools Track and Field Championships held at Sydney Olympic Park from 6 - 7 November 2019 inclusive.

2.       That Nathan Graham receive $750.00 to assist with the expenses he will incur travelling to and competing at the All Schools National Track and Field Championships to be held in Perth, Western Australia from 6 - 8 December 2019 inclusive.

 

 

Executive Summary

The Mayor’s Sporting Fund Sub-Committee met on 21 November 2019, reached consensus on Item 08 (attached), and submits the above recommendation for Council’s approval.

 

Attachments

 

1View. Extract Item 8 - Mayor's Sporting Fund - November Meeting 

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          11.03

 

Subject:     New Year's Eve Fireworks 2019

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.4.1 Work with the community to identify and address community needs, to inform Council processes, services and projects.

 

 

 

RECOMMENDATION

 

That Council:

1.       Due to ongoing fire concerns cancel the New Year’s Eve 9pm fireworks for 2019.

2.       Determine future fireworks support following the proposed engagement on community events, to be completed in the first half of 2020.

 

Executive Summary

 

In late November 2019, the Countdown to Christmas Fireworks were cancelled in light of feedback from our community and given the dry conditions and bushfires. Similar consideration is now needed on whether to proceed with the Council supported 9pm New Year’s Fireworks. 

 

Discussion

 

Since 2016, Council has been involved (financially) in the delivery of the Port Macquarie New Year’s Eve 9pm fireworks. From a community perspective, the New Year’s Eve fireworks are embraced as a family friendly activity for our community and visitors to our region.

At the 21 August 2019 Council meeting, it was resolved:

 

That Council:

1.       Note the number of firework displays around the Port Macquarie foreshore usually shown over the Festive/New Year period.

2.       Support the delivery of the 2019 Port Macquarie 9.00pm New Year’s Eve Firework display.

3.       Determine future fireworks support following the proposed engagement on Community Events, to be completed later in 2019.

In late November, a decision was made (in consultation with our sponsor) to cancel the fireworks for Council’s Countdown to Christmas event, given the persistent dry conditions and widespread bushfires.  Similar cancellations have been made in other NSW and Queensland regional towns.  The decision was received positively by the community, with the fireworks sponsorship dollars to instead be donated to local Rural Fire Service Brigades.

With the likelihood of continued dry conditions, it is recommended that the 9pm New Year’s Eve Fireworks be cancelled.  At this late stage, it is not proposed that an alternative event be organised but that the budget be reallocated to Council’s community planning.

Staff are aware that other community firework events have also been cancelled including the Christmas Event at Westport Park on 15 December.

Options

 

Council may choose to:

 

1.       Cancel the fireworks as recommended or

2.       Proceed with the 9pm fireworks as planned.

 

Community Engagement & Internal Consultation

 

No formal community engagement has been undertaken regarding this report.  Numerous representations have been received from our community encouraging Council to cancel the New Year’s fireworks.  The social media response to the Countdown to Christmas Fireworks cancellation has been received positively by the majority of community who have engaged with the social media conversation about the decision.

 

It is proposed that future fireworks be discussed with our community during proposed engagement on community events more broadly.  This engagement was to take place in late 2019 but has been re-scheduled.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

Should the fireworks be cancelled as recommended, there will be a cancellation fee payable to the contractor.  Further, there will be a loss of trade impact for the pyrotechnic supplier.  

 

It is proposed that any remaining budget will be reallocated to Council’s Community Planning work, including the consideration of supporting Community Halls committees and their recent responses to the fire effort.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          11.04

 

Subject:     Community Plans for Endorsement

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Endorse the Community Plans for the following 2 communities:

a)      Comboyne/Byabarra.

b)      Pappinbarra.

2.       Note the goals and actions identified for each of the communities as outlined in the Community Plans, 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 Local Government Area (LGA).

 

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.

 

The Bonny Hills Community Plan was the first to be endorsed by Council at the October 2019 Council meeting. The Community Plans for the two communities of Comboyne/Byabarra and Pappinbarra have now been completed as a result of extensive consultation with the relevant communities and development of the Plans with Community-Council Action Teams for each area and follows further feedback from the communities on the draft Community Plans.

 

Discussion

 

As outlined in previous reports to Council regarding Community Planning, Community Plans are a concept of community-based strategic visioning and capacity building that are designed 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 Council’s planning and processes.

 

Council’s Engagement team have been working with communities across the LGA to develop community plans that will help inform Council’s future Operational Plans and provide input into key planning documents, for example the soon to be developed Local Strategic Planning Statement and Community Strategic Plan.

 

The two plans presented in this report have been developed using Council’s Community Planning Process outlined in the diagram below.  Endorsement of the Plans by Council is a key step in the process of turning the identified actions into reality with Council and the communities working together to achieve the communities’ visions.

 

 

Other Community plans that have been on exhibition recently include Telegraph Point, Lake Cathie, Camden Haven and Kew/Kendall/Herons Creek/Lorne.

 

It is now anticipated these will be reported to the February 2020 Council meeting. The completion of the plans to Council has been impacted by the recent fires on the relevant communities and in some cases, the number of submissions that need to be considered by the CCAT prior to finalisation of the plans.

 

Options

 

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

 

Community Engagement & Internal Consultation

 

Each of the Community Plans put forward for endorsement have been developed following extensive community consultation as outlined in the Community Planning process (shown above).

 

Feedback on the draft plans developed by the Community-Council Action Teams (C-CATS) has been sought from each of the communities during a 28-day public exhibition period. 

 

Below is a summary of the outcomes of the exhibition period including submissions and a response/comment following consideration by the CCATs for each of the communities.  These have been forwarded to the Councillors under separate cover.

 

Comboyne/Byabarra - on exhibition 23 September - 20 October 2019.

 

HYS Visitors - 13

Downloads of Plan - 17

Submissions Received - 1

 

 

Submission

 

Issue

1.

JS Derks

 

1.   It seems to have little input or focus on children and teenagers and the aged.

2.   Suggestion to widen Comboyne Rd for cyclists.

3.   Suggestion of signage on Comboyne Rd to promote events, community messaging.

4.   Request for better access from Comboyne Rd to the state forests and national parks, creating additional nature reserves and working with landholders to create wildlife corridors.

5.   Suggestion for individuals, communities, the Council and energy providers to work to remove Comboyne and Byabarra from the electricity grid.

6.   Suggest a survey be undertaken to understand the demand for public transport from the Plateau to Wauchope.

Response/

Comment:

1.   Noted - there are a number of actions which look to address infrastructure for the young in particular.  For example, development of additional sporting infrastructure in the area and also enhancement of facilities in Pioneer Park.

2.   Noted. Plan amended to include investigation for this.

3.   Noted. Community signage is being investigated under Action 3 - Objective 2.2

4.   Noted. Areas of high ecological value which have the potential to be wildlife corridors and nature reserves are identified in Council’s Biodiversity Strategy and the soon-to- be-developed Ecological Restoration Plan.

5.   Noted - and included as Action item 5 under Objective 2.2 “Investigate options for local "off-grid" electricity supply.”

6.   Noted. Survey can be undertaken by C-CAT to determine if an Action to advocate for Public Transport options should be included in the plan.

 

 

 

Pappinbarra - on exhibition 31 October - 27 November 2019

 

HYS Visitors - 17

Downloads of Plan - 25

Submissions Received - 1

 

Submission

 

Issue

1.

Damien

Supportive of the Plan particularly the protection of the of the regions riparian zone, the Pappinbarra River, dam construction and off-river watering technology.

 

Response/

Comment:

Noted. Two additional actions (Action 1.3 under Objective 1) have been included: Action 1.3 under Objective 1: ‘To actively seek Council and other funding opportunities for riparian Zone fencing, dam construction and off-river watering technology.’

Action 2.2.3 under Objective 2.2: ‘Encourage property owners whose land intersects with the river, to develop a 30 - 40 metre riparian zone and to revitalise adjacent land (including the removal of invasive flora) to encourage a healthy sustainable habitat’.

 

Planning & Policy Implications

 

Community Planning has actions in the 2019-2020 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.

 

The Community Engagement team is working with Council’s Divisional Group Managers to identify projects from each of the Community Plans for consideration in the 2020-2021 Operational Plan.

 

To ensure integrity of the Community Planning program, actions identified in each of the Community Plans will need to be considered for inclusion in future Delivery & Operational Plans.

 

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 volunteer basis.

 

Financial & Economic Implications

 

As outlined above, the Community Engagement team is working with Council’s Divisional Group Managers to identify projects (and associated budgets) from each of the Community Plans for consideration in the 2020-2021 Budget.

 

Attachments

 

1View. Comboyne/Byabarra Community Plan

2View. Pappinbarra Community Plan

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          11.05

 

Subject:     Classification and Categorisation of Council Managed Crown Reserves

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

2.3.1 Ensure access to community facilities and activities; including access to natural environment.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained within the Classification and Categorisation of Council Manager Crown Reserves report.

2.       Request the General Manager to submit to the Minister for Housing, Property and Water the initial draft classification and categorisation of Council-managed Crown reserves as detailed within Attachment 1 of this report.

 

Executive Summary

 

The Crown Land Management Act 2016 (CLM Act) commenced on 1 July 2018. The CLM Act authorises Councils that are appointed Crown Land Manager for dedicated or reserved Crown land (Council managers) to manage Crown land as if it were public land under the Local Government Act 1993 (LG Act), excluding the devolved Crown reserves which are to be managed by Council in accordance with the CLM Act.

 

The implementation of the CLM Act comprises two stages being:

 

·    Stage 1

-     Classification and categorisation of Council-managed Crown Reserves

-     Development of Plans of Management (PoM) for Crown Reserves

·    Stage 2

-     Land negotiation process/vesting of Crown Reserves

 

This report focuses on Council’s classification and categorisation of Crown Reserves within Stage 1 of the CLM Act’s implementation and recommends that the initial draft classifications and categorisations as shown in Attachment 1 be submitted to the Minister for Housing, Property and Water for acknowledgment.

 

Discussion

 

Classification and Categorisation of Crown Reserves

The CLM Act authorises Councils that are appointed Crown land manager for dedicated or reserved Crown land to manage Crown land as if it were public land under the LG Act. The LG Act requires that all public land must be classified as community or operational land.

 

The CLM Act provides that Crown land managed by Council managers as public land must be managed as if it were community land, unless the Minister administering the CLM Act has given written consent to classify the land as operational. Where the Minister has given consent to classify the land as if it were operational land, the Council manager of the land has all of the functions that a local Council has under the LG Act in relation to operational land, however, Council managers cannot sell the land without further ministerial consent.

 

Under the CLM Act, Council Crown Land managers must also assign one or more community land categories to Crown land. Once categorised, Councils are required to give written notice of the proposed categorisations (and any proposed changes to classifications) to the Minister for Housing, Property and Water for approval upon which time Council can move to develop PoM for Crown reserves in completing stage 1 of implementing the CLM Act.

 

The following diagram describes the process from assigning initial categorisations to Crown land through to the development of Plans of Management.

 

 

 

Figure 1. Process map for the categorisation of Council-managed land.

 

Proposed Categorisations

 

Section 36 of the LG Act refers to the categories that Council can assign to Crown reserves. In doing so, Council must assign the category or categories which are considered to be the most closely related to the purposes for which the land is dedicated or reserved. The categories described in the LG Act for community land are:

·    Natural Area (subcategory - watercourse, bushland, escarpment, wetland and foreshore)

·    Sportsground

·    Park

·    Area of Cultural Significance

·    General Community Use

 

An assessment of Council Crown land managed sites has been undertaken internally with consideration given to proposed categorisations that were initially proposed by Crown Lands along with existing and planned use for each reserve. One or more of the above categories has been assigned to each reserve (refer Attachment 1) and it is proposed that these now be notified to the Minister for acknowledgment (as per the next stage of the process shown in Figure 1). 

 

Proposed Classifications

 

The LG Act requires that all public land be categorised as community or operational land. Ministerial consent will be issued to manage land as operational where a Council Manager can demonstrate that either the land:

 

·    does not fall within any of the categories for community land under the LG Act, or

·    could not continue to be used and dealt with as it currently can, if it were required to be used and dealt with as community land.

 

Whilst it has been identified that the vast majority of Council-managed Crown reserves should be classified as community land, the NSW Government’s ‘Guidelines for Classification of Crown Land Managed by Council Crown Managers’ identifies a number of examples of uses that may not fall within community land categories. This includes sewage works, cemeteries, reservoirs, water infrastructure and emergency services. On this basis, and as detailed in Attachment 1, it has been identified that Council should seek Operational classification for the following Council Crown land managed sites:

 

·    Byabarra Bush Fire Brigade

·    Camden Haven SES

·    Ellenborough Recreation Reserve (constructed road only)

·    Dunbogan Rubbish Depot

·    Former Wauchope Landfill Sites (two sites)

·    Garden Crescent Drainage Reserve

·    Morton Street Reservoir

·    End of McInherney Close (roadway connection to Jordan’s Boating Centre)

·    Port Macquarie Sewer Treatment Plant

·    Telegraph Point Bush Fire Brigade

·    King Creek Night Soil Depot

 

In addition to the above, it is proposed that Council also seek an Operational classification of the Short Street Car Park reserve. The purpose of this proposed classification is to provide flexibility in determining future use of the site for the community.

 

Development of Plans of Management (PoM’s)

 

Further to the classification and categorisation of Council-managed Crown reserves, Section 3.23(6) of the CLM Act requires Council managers to adopt a PoM for any Crown reserve for which it is appointed Crown land manager, and that is classified as ‘community land’ under the LG Act.

 

The purpose of the PoM is to provide strategic planning and governance for the management and use of the land. It is intended that the PoM sets out objectives and performance targets for community land and promote active use, including issuing lease and licence tenures over the land.

 

The LG Act requires community engagement when preparing a PoM, including publicly exhibiting the plan and providing opportunities for the community to comment which will allow them to be involved and represented in the contents of the plan.

 

Council managers must ensure there is a compliant PoM for all Crown land they manage as community land by 30 June 2021. Upon notification to the Minister (and subsequent acknowledgement) of the proposed classifications and categorisations of Council-managed Crown reserves contained within Attachment 1, the development of PoM will commence in early 2020 in order to achieve completion of stage 1 of the CLM Act implementation.

 

Options

 

Council may choose to:

 

1.       Adopt the recommendations contained within this report;

2.       Request changes be made to the classifications and categorisations of Council-managed Crown reserves presented in Attachment 1 prior to the General Manager submitting to the Minister for Land and Forestry.

 

Community Engagement & Internal Consultation

 

Internal consultation on the classification and categorisation of Council-managed Crown land has been undertaken with the following stakeholders:

 

·    Councillors (October 2019 Councillor Briefing);

·    General Manager;

·    Director Development and Environment;

·    Group Manager Recreation, Property and Buildings;

·    Group Manager Environmental Services;

·    Recreation, Property and Facilities Manager;

·    Group Manager Infrastructure Planning;

·    Group Manager Infrastructure Operations;

·    Property and Leasing Coordinator.

 

Comprehensive engagement with the community and user groups and organisations across the LGA will be undertaken during the development of PoM’s for Council-managed reserves.

 

Planning & Policy Implications

 

In accordance with the CLM Act, it is mandatory for Council to finalise the classification and categorisation of Crown reserves followed by the development of PoM in complying with the Act.

 

Financial & Economic Implications

 

A budget of $120,000 is available for development of PoM’s, including an allocation of $58,000 provided by Crown Lands or this project.

 

Attachments

 

1View. Port Macquarie Hastings LGA Council Crown Reserves Classifications and Categorisations

 

 


AGENDA                                                                                Ordinary Council

11/12/2019









 

 

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

11/12/2019

 

 

Item:          12.01

 

Subject:     30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City Council - Visit to Japan 2020

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.5.1 Support cultural activities within the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information regarding potential costs, community benefits and budget allocation that would be associated with Mayoral and Councillor attendance at events to mark the April 2020 30th Anniversary of Sister City Relationship between Port Macquarie-Hastings Council and Handa City, in Handa Japan.

2.       Note that up to six Council delegates have been invited to attend the 30th Anniversary celebrations by Handa City, Japan

3.       Determine if any, and which Councillor(s) will attend the 30th Anniversary Celebrations.

4.       Request the Mayor and General Manager commence discussions with Handa City representatives on the potential realignment of the future management of our Sister City relationship.

 

Executive Summary

 

Council received an invitation from the Mayor of Handa City Council, Japan inviting up to six representatives from Port Macquarie-Hastings Council to travel to Handa from 17-21 April 2020 to mark the 30th anniversary of the Handa-Port Macquarie Sister City Agreement.

 

This report responds to November 2019 Ordinary Council Meeting resolution that the General Manager outline the potential costs, community benefits and budget allocation to enable Council to determine Mayoral and Councillor involvement in attending the 30th Anniversary Celebrations in Handa.  It is recommended that in light of persistent drought conditions and our focus on supporting our community through the bushfire recovery effort, which will take many months, Council respectfully decline the invitation.

 

Discussion

 

At the 20 November 2019 Council meeting, it was resolved:

 

That Council:

1.       Note that the 30th Anniversary of the Handa, Japan Sister City relationship with Port Macquarie-Hastings Council will take place in Handa, Japan from 17-21 April 2020.

2.       Note that up to six Council delegates have been invited to attend the 30th Anniversary celebrations by Handa City, Japan.

3.       Note that two Port Macquarie-Hastings Council Handa Working Group members have confirmed they will be attending the celebrations in Handa.

4.       Request the General Manager provide a report to the December Council Meeting outlining the potential costs, community benefits and budget allocation to enable Council to determine Mayoral and Councillor involvement in attending the celebration.

 

The purpose of this report is to provide information in response to resolution point 4.

 

Background

 

Formal execution of the Sister City Relationship between Port Macquarie and Handa was undertaken on 9 May 1990.  Over the 30 years since the signing of the Sister City Agreement, there has been a diverse range of activities undertaken, under the umbrella agreement (refer overview at Attachment 1).

 

As is illustrated, the main focus of activities has been cultural, musical and school student exchanges and visits.   Whilst there has also been a strong desire to generate greater economic outcomes from the sister city relationship (with this most recently tested during business and Handa Chamber of Commerce visits associated with the 25th anniversary), there have been very limited new opportunities identified in this regard. 

 

Primarily, it is acknowledged that the relationship played a role in Cassegrain Wines entering the Japanese market and securing its place as wine supplier for Bullet Train services.  More recently, following discussions associated with the 25th Anniversary of the Agreement, Charles Sturt University signed a Memorandum of Understanding with Nihon Fukushi University in December 2017, with the first student from Handa commencing study at Charles Sturt University - PMQ Campus in 2019.  It is envisaged this MoU will provide a range of opportunities including student exchange, cross-cultural knowledge sharing, English-language tuition and practical internship experience. 

 

The Handa Sister City Working Group and its roles and responsibilities sit under the Cultural Steering Group, with the 2017-2021 Cultural Plan including an action:

 3.7 Review the Handa Sister City relationship to identify further potential for cultural exchange.

 

30th Anniversary: Cost, Community Benefits and Budget Allocation

 

The invitation from Handa City is for up to 6 delegates.  Currently, two Handa Working Group members, Mr Bruce Hardy and Ms Patricia Johnston, have indicated they will attend 30th Anniversary events, with travel costs to be at their own expense.

 

There is currently no identified Council budget allocation to attend the celebration and although it is acknowledged some elements would be ‘hosted’ by Handa City, it is anticipated (based on previous visits), that the travel, accommodation, gifts     and other elements would total some $3,500 to $4,000 per person. 

 

Past itineraries have included a visit to City Hall, attendance at a music concert by the Handa City Junior Brass Band and some informal networking functions.  It is difficult to define a broader benefit for our local community from such a visit, other than to continue the Sister City relationship more broadly.

 

Although yet to be confirmed, a reciprocal visit to Port Macquarie by Handa City delegates would require consideration under the 2020-2021 budget.

 

It is acknowledged that the Sister City relationship with Handa provides the opportunity for cultural exchanges and has developed some business and education opportunities. These are now well established connections between the relevant groups/schools in our community and those in Handa who participate in these cultural activities.  At this point in the relationship, it is difficult to quantify the broader community benefit of Council’s lead role in the relationship and Council could choose to consider (and discuss with Handa city and Council’s Handa Working Group representatives) the potential to change the way in which this relationship is managed in future.  

 

Options

 

Council may choose to:

 

1.       Nominate Mayor and/or Councillor attendance for the 30th Anniversary celebrations in Handa and allocate an appropriate budget, noting that the Mayor/Councillors may choose to personally fund part of their costs.

2.       Decline the offer from the Mayor of Handa, to visit and celebrate the 30th Anniversary Event.

 

Community Engagement & Internal Consultation

 

·    Group Manager - Economic & Cultural Development

·    Director - Strategy & Growth

·    General Manager

 

No discussion has taken place with the members of the Handa Working Group as a whole.  Individual Working Group members have made representations to the Mayor advocating for acceptance of the invitation.

 

Planning & Policy Implications

 

Under Council’s Policy “Payment of Expenses and Provision of Facilities to Councillors”, the following clause applies in relation to overseas travel:

 

Overseas Travel

 

Overseas travel for any purpose which is considered to be relevant to Council related business and/or of particular benefit to the local community must be approved in an open session of a Council Meeting.

 

Detailed proposals of overseas travel and the purpose for the travel will be approved on an individual Councillor basis. Such a proposal shall include the nomination of the Councillor undertaking the trip, the purpose of the trip and any expected benefits (including class of travel). The duration, itinerary and approximate total cost of the trip must also be provided.

 

The use of a Mayoral Minute (which may not be included in the Council Agenda) to obtain Council approval for travel is not considered appropriate as it is not consistent with principles of openness and transparency.

 

After returning from overseas, Councillors or an accompanying member of Council staff will provide a detailed written report to Council on the aspects of the trip relevant to Council related business and the local community. Further, the report is also required to comply within the Reporting Requirements section of this Policy.

 

Retrospective approval for overseas travel is not permitted.

 

Expense Type

Refund Basis

Limit

Travel – Air

Actual

Nil

Travel – Rail

Actual

Nil

Travel – Taxi

Actual

Nil

Travel – Bus

Actual

Nil

Travel – Parking

Actual

$40.00 per day

 

Insurance Expenses and Obligations

 

Councillors while on Council related business shall receive the benefit of insurance cover for:

·    Personal Accident (including sickness and journey/travel).

·    Public Liability.

·    Professional Indemnity.

·    Councillor and Officers Liability.

 

Financial & Economic Implications

 

In the 15 years since 2005, Council has expended $171,000 in the relationship.  Whilst this has been partially offset by reimbursements of $72,000, these figures do not include the costs of administration which have been funded by general rates.  As noted, it is anticipated (based on previous visits and current pricing), that the travel, accommodation and other elements for Mayor/Councillor attendance at the 30th Anniversary would total some $3,500 to $4,000 per person.   

 

Until the final itinerary is received from Handa City Council, a final cost of all expenses associated with each delegate’s attendance would prove difficult to establish at this point in time.

 

Attachments

 

1View. Attachment 1 Handa Sister City Agreement Activity Summary 1990-2019

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          12.02

 

Subject:     Policy Review - Markets Policy

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

3.2.1 Support vibrant commercial, tourism, recreational and/or community hubs across the region.

 

f

 

RECOMMENDATION

That Council:

1.       Note the review of Markets Policy, which has now been in place for 12 months.

2.       Note the information relating to exceptions to the Markets Policy from February - November 2019 as detailed in this the Policy Review - Markets Policy report.

3.       Remove the CBD market setup and start time restrictions from the revised Markets Policy.

4.       Place the draft amended Markets Policy on public exhibition from 16 December 2019 to 29 January 2020.

5.       Note that a further report will be tabled at the 19 February 2020 meeting of Council, detailing the submissions received from the public during the exhibition period.

 

Executive Summary

 

At the Ordinary Council meeting held on 21 November 2018, Council resolved to implement the Markets Policy following exhibition, with changes limiting the number, and timing of markets being held in Port Macquarie, Wauchope and Laurieton CBDs. The aim of the Markets Policy is to facilitate well-managed markets that help to support and contribute to local communities, complementing the offerings of local businesses.

 

The Markets Policy has now been in place for one year, with oversight by Council’s Temporary Licence Review Panel and the Director Strategy and Growth.  During this time, five market applications have been considered:

 

·    Two markets reviewed and approved under the policy: the Port Macquarie Foreshore Market and the Laurieton Riverwalk Market;

·    One market approved with exception: the Port Macquarie Real Food Markets; and

·    Two market applications fitting under the definition of “occasional” under the policy, making them exempt from the policy.

 

This Council Report provides a review of the Markets Policy, with a key focus on its effectiveness in the first 12 months of implementation, review of the Council exception made under the Policy, and review of the fee structure for market operators.

 

Discussion

 

At the Ordinary Council meeting held on 21 November 2018, Council resolved as follows:

 

1.       Note the submissions received during the Draft Markets Policy exhibition period.

2.       Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a set-up time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday set-up time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3.       Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4.       Request the General Manager provide a report to the December 2019 meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

5.       Request the General Manager to give consideration to a suitable fee structure and report back through the Cultural & Economic Development Portfolio and include any fee structure developed to the December 2019 Report to Council.

 

Further, at the Ordinary Council meeting held on 20 February 2019, Council resolved as follows:

 

That Council:

1.       Subject to a successful application under Council’s Markets Policy, admit the Tuesday Real Food Market in the Hay Street Forecourt as a trial exception under the general provisions of the Markets Policy relating to timing in the CBD, with a set-up time from 11am and start time of noon, and the trial to end 31 December 2019.

2.       Request the General Manager to:

a)      Report to Council any future application for exception under the Markets Policy, for Council’s determination.

b)      Advise the approved operator of the Hay Street Forecourt Tuesday Real Food Market of the terms of the policy exception for those markets, namely that only fresh local food products be offered, and the approved operator is required to manage the stalls in accordance with the approved exception and provide a compliance report by 30 November 2019.

c)       Table the compliance report referred to in 2(b) to Council in conjunction with the review of Markets Policy at the December 2019 Ordinary Council Meeting.

 

This report addresses items 4 and 5 of the November 2018 resolution and item 2 of the February 2019 resolution.  On consideration of these matters and the review of the Policy implementation to date, the report recommends the following amendment to the Policy, to remove the current restrictions around start times:

 

·    Amend the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, and one ‘regular’ market on the weekend (Saturday and Sunday).  Competing applications will be considered on merit with pre-approved markets taking precedence.  Regular markets involve four or more markets in one calendar year.”

 

Effectiveness of the Markets Policy

 

The Markets Policy introduced an important mechanism to assess the overall impact of new markets via a Market Suitability Analysis.  Under the Policy, this became a prerequisite of market approval conducted by Council’s Temporary Licence Review Panel.  It creates a measured approach to introducing markets that complement the location at which they are being held, and the facilities available in the market location.  Key markets subject to the Market Suitability Analysis in the first twelve months of the Markets Policy were:

 

-      Foreshore Markets application: Market Suitability Analysis supported change in layout, subject to 6-month trial based on initial concerns about changed parking arrangements.

 

-      Real Food Market application: Market Suitability Analysis confirmed that the market was complementary to retail activity in the Port Macquarie CBD, with evidence available indicating an increase in CBD activation associated with the market.  An exception to the policy was approved by Council for the regular market to commence at 12pm, in February 2019.

 

-      Laurieton Riverwalk Market application: Market Suitability Analysis identified an opportunity for targeted park maintenance that would enhance the market experience.

 

Markets that fell outside of the scope of the Policy in the first 12 months of operation, based on them being defined as “occasional” (being less than four markets per year) were:

 

-     Wauchope Farmers Market: One market held within the defined Wauchope CBD on Saturday 27 April 2019 at Bain Park.

 

-     The Forecourt Summer Markets: Three markets are to be held within the defined Port Macquarie CBD on 12, 19, and 23 December 2019.  Defined as “occasional” under the Markets Policy.

 

Review of Council Exception made under the Policy

 

As noted above, at the Ordinary Council meeting held on 20 February 2019, Council requested that any further applications for exception under the Markets Policy be reported to Council for determination. To date, the Real Food Market is the only application requesting any form of exemption under the Policy.

 

In accordance with the Council resolution, Pacific Coast Shopping Centres submitted the required compliance report on 19 November 2019 (see attachment 2 and 3), which also seeks an extension to the exception. Given the ongoing success of this market, and the evidence supporting the uplift in CBD activation, it is recommended that continuation of this market be supported.

 

Feedback from businesses operating stalls at the Real Food Markets also supports removal of a key limitation within the Markets Policy - the limit to timing of markets within CBDs.  Market operators have indicated that, should the start time of this market be forced to comply with the policy - commencing after 3pm - it will no longer be viable for stallholders to attend.  Given the limited number of market applications received by Council, the effectiveness of the Market Suitability Analysis, and the negative impact on market viability that the timing limitation is reported to have, it is recommended this condition be removed from the clause on Page 1 of the Policy.

 

It is understood that on adoption of the Market Policy, Council sought to limit the impact of Markets on adjoining businesses.  The trial exception period, the compliance report and surrounding business feedback indicate the positive effect markets can have on activation and economic activity on the spaces and adjoining business.  It is therefore proposed to remove the time restriction adopted in the 21 November 2018 resolution.

 

Review of Fee Structure for Markets

 

Markets operate in a variety of locations across the Port Macquarie-Hastings region, however the approval given for markets to operate on Council-managed land generally falls into one of two categories depending on if the market occurs in a park (approval under Section 68), or on a road reserve (approval under Section 138). Accordingly, markets are charged differently depending on the location that they operate.  An overview of fees levied per market for those approved under the Markets Policy are provided below:

 

Real Food Markets Port Macquarie (operated on a road reserve under a Section 138 approval by a commercial entity)

Charge per m2:                                   $2.55 inc.GST

Size per market stall:                          12.5m2

Fees 26 February to 25 June 2019 (18 markets): $2,460.70 inc GST

§ Average fees per market:       $136.71 inc GST

 

Foreshore Market Port Macquarie (operated in a park under a section 68 approval by a commercial entity)

Ground Fee - Commercial Use:         $440.00

Electricity - single phase (3):              $123.00

Electricity - three phase (2):               $164.00

§ Total fees per market:            $727.00 inc GST

 

Laurieton Riverwalk Markets (operated in a park under a section 68 approval by a not-for-profit entity)

Ground Fee - General Use:                $170.00

Electricity - single phase (4):              $164.00

§ Total fees per market:            $334.00 inc GST

 

It is assessed that the current level of market activity in the local government area is not excessive.  Existing markets continue to operate successfully in a sustainable and considered manner under the Markets Policy, and we are not seeing an influx of new markets. The current fees and charges, although varying by location, are deemed fair and reasonable.  Further, the fee structure applied to market locations is consistent with other public uses, therefore allowing appropriate management of competing demand for public land based on Council’s broader community event prioritisation.

 

It is recommended a future review of fees and charges for key Port Macquarie event spaces - including Town Square, the Glasshouse Forecourt and Westport Park - be conducted in the context of broader community use and customer experience to consider the impact the approval mechanisms and varying fees have on CBD activation.

 

Options

 

Council has the option to:

 

1.       Note the information presented in the report and agree an amended draft Policy be placed on public exhibition;

2.       Request further information;

3.       Note the information presented in the report and continue with the Policy implementation as currently adopted.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

Real Food Markets Stallholders and Market owner. There has not been any targeted community engagement in the development of this report, and a review of correspondence did not reveal any community feedback regarding markets since the influx of feedback regarding the Real Food Markets which led to the exception decision in February 2019. 

 

Business Engagement

 

Engagement with businesses immediately exposed to the Real Food Markets (Hay Street Forecourt and facing Hay Street South), has confirmed they support removal of the 3pm start time clause in the Markets Policy.  Most businesses indicated the Real Food Markets generate valuable activation, foot traffic and exposure that is otherwise limited in their location, and businesses that did not experience a change in trade due to the markets noted the markets raise awareness of their presence. Businesses exposed to the markets also reported the valuable role they have played in introducing local produce supplies into supply chains, with businesses in the precinct sourcing supplies from market stallholders (including eggs, honey, fresh produce and value-added goods).

 

Internal Consultation

 

·    Temporary Licence Review Panel

 

Financial & Economic Implications

 

Local markets have a strong positive impact on economic development within a community.  Markets offer an opportunity for small businesses to test new business ideas, develop an understanding of the retail landscape, and develop a business case for entering the commercial environment on an ongoing basis.  Further, many local markets with the Port Macquarie-Hastings Local Government Area are biased toward the offering of locally grown produce and locally made products, enhancing outcomes to small producers by offering the sale direct to the public.

 

Markets also have a strong positive impact on the environment that they operate in, attracting activation and increased spend in neighbouring commercial precincts.  For example, according to Pacific Coast Shopping Centres - the owner and operator of the Port Macquarie Real Food Market - over the first 12 months of market operation average traffic uplift in Port Central on a Tuesday from the Real Food Markets was 15.9%, or 1,800 people. It was further estimated that the Real Food Market attracts 100,000 additional people into Port Central per annum.

 

Attachments

 

1View. Port Macquarie-Hastings Markets Policy

2View. Compliance Report Cover Letter: Port Macquarie Real Food Markets

3View. Compliance Report - Real Food Market

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          12.03

 

Subject:     Draft Greater Port Macquarie Destination Management Plan

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

3.1.4 Implement the Destination Management Plan.

 

 

 

RECOMMENDATION

That Council:

1.       Note the Draft Greater Port Macquarie Destination Management Plan.

2.       Place the Draft Greater Port Macquarie Destination Management Plan on public exhibition from 13 December 2019 until 21 February 2020.

3.       Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received from the public during the exhibition period.

 

Executive Summary

 

Council recently engaged the services of Claire Ellis Consulting and Wray Sustainable Tourism Planning and Research to conduct an extensive stakeholder engagement process and develop a second Destination Management Plan for the Greater Port Macquarie region.

 

The draft Plan provides recommendations on the strategies and priorities for our region to grow visitation expenditure into the future.  This report seeks to place the draft Destination Management Plan (Attachment 1) on public exhibition to allow further stakeholder feedback and consideration by the broader community before a final Plan is adopted. An extended exhibition period is recommended due to the exhibition occurring at a peak operational period for many stakeholders.

 

Discussion

 

Port Macquarie-Hastings Council recently initiated a second whole of region Destination Management Planning process to develop a new Destination Management Plan to guide the region beyond 2020. 

 

The Destination Management process focuses on engaging stakeholders from industry, government and our community to plan for the future and manage our destination.  It embraces a holistic approach and aims to bring our community together to develop a road map to enhance the financial and social benefits of visitor expenditure.  To undertake this process, Council engaged the services of Claire Ellis Consulting and Wray Sustainable Tourism Planning and Research - tourism consultancy and advisory businesses offering services related to the development of new product and tourism experiences and creating sustainable long term outcomes for business, communities and the wider region.

 

Council’s Destination Management process aligns with the Department of Resources, Energy and Tourism best practice approach.  In 2012, the NSW Government’s Visitor Economy Action Plan designated that destinations are required to have a Destination Management Plan (DMP) to be eligible for funding administered by both State and Federal Governments, in particular Destination NSW.  This position was embedded into destination processes in the updated Visitor Economy Industry Action Plan 2030 in August 2018.  According to the Visitor Economy Taskforce, increasing visitor expenditure entering regional communities has a direct positive impact on other sectors across the community as profits and wages are reinvested or spent.  The visitor economy takes into account broader economic activity than that which has historically been defined as ‘tourism and events’. It includes the direct and indirect impacts resulting from a visitor travelling outside their usual environment for a holiday, leisure, events, business, conventions and exhibitions, retail, education, to visit friends and relatives or for short-term employment in NSW. It includes intrastate, interstate and international visitors.

 

The requirement for the development of a DMP is also articulated in Council's

Economic Development Strategy.  Outcome 5, ‘Partnering for Success’, describes Council working alongside key stakeholders in business, industry, government and the community to build a strong, innovative and resilient economy.  The development of a new Greater Port Macquarie DMP is included as a specific action within this Outcome.   Further Outcome 4, ‘Driving Opportunity’ references a region that embraces and creates opportunities. A region that attracts investment to create additional jobs and increase the wealth of the region and its residents.  Implementation of the DMP is seen as a key action to achieve this outcome. 

 

Both Council’s Economic Development and Cultural Steering Groups (EDSG & CSG) acknowledge the importance of our local tourism industry and see the DMP as a key document to support Council’s collaboration with stakeholders who have a direct interest in our visitor economy.  These Groups came together twice during the development process, initially to provide input through the engagement framework and then to consider the proposed DMP direction.  At this second meeting, the Groups provided feedback and expressed their support for the document being placed on public exhibition.

 

The Process

 

The destination management planning process was initiated in August 2019 and has included three stages to date -  situational analysis, stakeholder engagement and development.  The situational analysis was supported by considerable research Council had previously commissioned to inform the development of the DMP.  This included the Visitor Profile and Satisfaction Survey (VPSS) (2018), Port Macquarie Hastings Destination Product Audit and Analysis (DPAA) (2019) and Greater Port Macquarie Tourism Monitor (2019).  A Working Paper was prepared to highlight important findings identified from this earlier research for the Port Macquarie Hastings region, as well as including findings from other documents such as the Greater Port Macquarie Destination Management Plan 2016-2020 and other relevant Council strategies, plans and reports. The findings were used to inform design and delivery of stakeholder engagement activities.

 

Stakeholder engagement activities were undertaken in Port Macquarie during September 2019 to determine stakeholder perceptions around important issues, challenges and opportunities to sustainably grow tourism in the Port Macquarie Hastings region over the next five years.  It was also important to clarify the role and responsibilities of Council and industry stakeholders to work collaboratively to implement the new DMP to support the growth of the visitor economy. The following methods were used to engage various government, business, and community stakeholder individuals, groups and organisations:

 

1.       Project Team Meeting undertaken on September 10 with Port Macquarie Hastings Council representatives responsible for tourism and events.

 

2.       Council Internal Stakeholder Meeting facilitated on September 10 with twelve representatives of various Council teams involved in work and projects relevant to tourism.

 

3.       Council Steering Committee Meeting facilitated on September 11 with representatives of Council’s Economic Development and Cultural Steering Groups. Discussion sought to identify participants’ views, and the strategic opportunities and challenges to sustainably grow tourism from their economic and cultural development perspectives.

 

4.       Destination Workshops (5) were facilitated from 10 to 12 September with representatives of local tourism industry and stakeholder organisations, groups and individuals with an interest in tourism across Port Macquarie Hastings region. Council distributed invitations to their tourism industry database comprising around 440 businesses and individuals across the region resulting in participation by 87 industry members.   Workshops were held across three days and at different times of the day to encourage wide participation:

·    Destination Workshop #1 - representatives of the Greater Port Macquarie Tourism Association Board, Visit Camden Haven, Port Macquarie Chamber of Commerce, Wauchope Chamber of Commerce and Hastings Liquor Accord.

·    Destination Workshop #2 - Arts, heritage and cultural tourism

·    Destination Workshop #3 - Tourism and accommodation businesses

·    Destination Workshop #4 - Nature based tourism

·    Destination Workshop #5 - Tourism and accommodation businesses.

 

Rounding out an extensive engagement process a ‘Have Your Say’ online survey was deployed, consultants presented to the Camden Haven Chamber of Commerce Tourism Marketing Cooperative meeting and 12 one-on-one stakeholder interviews were conducted.  Analysis involved collating and synthesising the issues, challenges and opportunities identified in the various stakeholder engagement activities to determine common themes to inform the development of the DMP. This resulted in preparation of a Stakeholder Engagement Report which was considered (see Attachment 2) before compilation of the first draft of the DMP.

 

The Plan

 

The proposed direction of the draft DMP was considered in further workshops on November 6, 2019 with representatives that had been previously engaged in Destination Workshop #1 (Greater Port Macquarie Tourism Association, Visit Camden Haven, Port Macquarie Chamber of Commerce, Wauchope Chamber of Commerce and Hastings Liquor Accord) and, as mentioned previously, a group meeting of EDSG and CSG to present the DMP recommendations and gain their feedback. From this, a final draft DMP has been finalised.

 

The draft DMP (Attachment 1), outlines why we are creating a Destination Management Plan, our approach to this process, an analysis of the recent research and performance of our visitor economy, our strengths and opportunities as a destination and recommends strategic priorities, which will help us to grow visitation expenditure.

 

In relation to this final point, the draft DMP recommends that to achieve the New South Wales Government’s objective to triple overnight visitor expenditure by 2030, we must focus on four strategic priorities and associated actions to guide work of Council and tourism and community stakeholders over the next five years.

 

·    Priority 1 - Destination Management

Establish an effective Destination Management Framework for Council and Port Macquarie Hastings stakeholder organisations to strengthen their cooperative work to grow the local visitor economy.

 

·    Priority 2 - Destination Experience Development

Create a stronger point of difference through a diversity of contemporary experiences that attract visitors year-round.

 

·    Priority 3 - Destination Event Development

Establish Port Macquarie Hastings as a vibrant destination for year-round festivals and events that positively impact the visitor economy across the region.

 

·    Priority 4 - Destination Marketing

Review destination brand and marketing strategies to best position Port Macquarie Hastings and its experiences to key visitor markets.

 

To assist with planning for the implementation of DMP actions, the draft identified a timeline for delivery and an ‘Evaluation and Reporting’ process to assist in measuring success.  As is noted in the draft DMP, all stakeholders within the visitor economy are responsible for the delivery of these action items - this is not just the responsibility of Council.  Further, to capitalise on the opportunities available to Greater Port Macquarie and to grow the visitor economy, a partnered approach is required.  The draft DMP recommends Port Macquarie Hastings Council is positioned as the umbrella authority to oversee the implementation of strategies and actions associated with this Draft Plan.  Other key stakeholder organisations and agencies identified in this Plan as having a primary or supporting role to provide on-going support to Council over the next five years to implement strategies.

 

Further, the implementation of recommended actions will be subject to the availability of resourcing (both human and financial), from the action leaders and relevant partners.  From a Council perspective, we note that there will be a requirement for Council to ‘drive’ the implementation of the DMP.  Resources associated with this role and the implementation of DMP actions will be considered in the broader context of Council’s budgetary process and priorities for Council’s Economic and Cultural Development Group.

 

Options

 

Council has the option to:

 

1.       Resolve to exhibit the Draft Destination Management Plan as recommended.

2.       Resolve to undertake amendment to the Draft Destination Management Plan prior to public exhibition.

3.       Resolve not to exhibit the Draft Destination Management Plan and seek further information. However, it is considered important that further consultation take place to ensure the DMP is embraced by stakeholders as a plan to improve our visitor economy.

 

Community Engagement & Internal Consultation

 

As noted in the body of the report, the draft Destination Management Plan has been compiled via engagement and input from key stakeholders who have an interest in the management of our destination, as well as Council staff and Economic and Cultural Development Portfolio Councillors.

 

Planning & Policy Implications

 

There is no direct planning or policy implication as a result of this report i.e. in placing the draft Destination Management Plan on exhibition. If Council choose to adopt the draft Destination Management Plan at a future meeting of Council, then some of the actions included in the plan may result in the review and revision of existing policies and related documents to ensure that destination management objectives are taken into account.

 

Financial & Economic Implications

 

There are no direct financial implications as a result of this report.  Council’s will need to allocate staff and budgetary resources to lead the DMP implementation and undertake any specific actions in which Council is involved, once Council consider the final report for adoption.

 

It is anticipated that the adoption of the draft DMP at a future meeting of Council will continue a more focused and coordinated management of our destination and broader collaboration between Council, business, industry and other stakeholders engaged in our visitor economy. The economic impact of the plan's implementation is difficult to forecast, however, performance measurement will form a key part of the plan’s implementation. 

 

Attachments

 

1View. Draft Destination Management Plan

 

 


AGENDA                                                                                Ordinary Council

11/12/2019









 

 

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

11/12/2019

 

 

Item:          13.01

 

Subject:     Water Security Update

Presented by:  Infrastructure, Dan Bylsma

 

 

Alignment with Delivery Program

 

4.1.1 Plan, investigate, design and construct water supply assets ensuring health, safety, environmental protection and security of supply for the future growth of the region.

 

 

 

RECOMMENDATION

 

That Council note the information included in the Water Security Update report.

 

Executive Summary

 

At the 18 September 2019 Ordinary Council meeting, Council resolved:

 

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.

 

This report provides an update, relating to point 1 above, on Council’s current water availability and short-term drought management planning along with Council’s long-term strategy to ensure a secure water supply.

 

The actions relating to point 2 above will be completed following the December 2019 Ordinary Council meeting, to ensure any other issues from the discussion at the meeting are addressed in the correspondence.

 

Discussion

 

Short-Term Drought Management

 

NSW is experiencing one of the most severe droughts on record with the Port Macquarie-Hastings Council LGA currently identified as being in ‘Intense Drought’ by NSW Department of Primary Industries. There have been extreme low catchment inflows over the past 12 months, which has resulted in limited river extraction opportunities and reliance on our water storages.

 

As a result, Council’s water storage levels have dropped over the past 12 months with the total water storage levels currently approaching 45% capacity. In response to this, Council resolved at the November 2019 Ordinary Council meeting to expedite the introduction of Level 3 Water Restrictions (approximately 26 days early) due to the on-going drought and bushfire activity.

 

It is estimated that if there were to be no river extraction opportunities and demand remains unchanged from what is currently being experienced the following supply timeframes are expected:

 

·    74 Days until 35% capacity (Level 4 water restrictions trigger)

·    137 days until 25% capacity (Emergency level water restrictions)

·    293 days until empty

 

With outlooks for drier-than-average conditions forecast to ease into summer, some extraction opportunities may become available over this period, which would extend the water supply however, it should be noted that several months of above-average rainfall would be needed to see a recovery from current long-term rainfall deficiencies.

 

The following are the key risks which if realised could lead to Council’s water supply being exhausted in accordance with the above timeframes:

 

·    Long-term rainfall forecasts indicating a return to average rainfall from January to March are not realised and less than average rainfall continues leading to no opportunities to extract water.

·    Should rainfall occur as currently forecast between January and March there is a risk that due to recent prolonged dry conditions and bushfire activity, the quality of the river water may not be sufficient to allow extraction. Further to this it is possible that in the time it takes for the river quality to return to an acceptable level the quantity of river flow may drop to below the level acceptable to allow extraction. This would be more likely to occur if there were to be one large rainfall event, then no rain to follow for a prolonged period.

·    As the Dam storage level lowers, there is an increased risk of reduced water quality that include potential taste and odour issues caused by the reduced depth of water leading to temperature variations, wave action agitating bank around the top water line, an increased risk of algal blooms.

 

In order to mitigate these risks and ensure that Council is doing everything possible to provide security of water within the LGA, the following is being undertaken in the short-term:

 

·    Council will continue to enforce water restrictions in accordance with Council’s Water Supply Policy and Drought Management Plan. Supporting media and consultation will continue in order to educate the community and ensure water demand is reduced accordingly.

·    Council is currently providing monthly updates to the NSW Government Department of Planning, Industry and Environment (DPIE) who are supporting water utilities across the State and assists them in identifying any emerging issues and where assistance is most needed.


Long-term Water Security Plans

 

Development of an Integrated Water Cycle Management Plan (IWCM)

 

In order to adequately plan for the future, the NSW Government encourages local water utilities (Councils) to undertake a comprehensive review of their water, sewer and stormwater undertakings every eight years. This process is called Integrated Water Cycle Management (IWCM) and leads to a formal summary document outlining the long term plan for water and sewer schemes and strategic stormwater management.

 

The IWCM Strategy effectively provides an Options Report for any dams, water and sewage treatment works and recycling projects over a 30-year horizon. In completing the IWCM, consultation is undertaken with the NSW Government and the broader community and therefore streamlines any subsequent approvals.

 

Public Works Advisory (PWA) have been engaged by Council to complete a review and update to the Draft IWCM strategy to ensure that the studies are in accordance with the latest available population and climate data and are sufficient to gain DPIE Water approval. Works on the revised IWCM document are scheduled to be completed in early 2021. Council have also successfully obtained grant funding support for this project under the NSW Government’s Safe and Secure Water program.

 

In the interim, to avoid delays while awaiting the finalisation of the IWCM strategy Council are progressing with the planning for the various infrastructure upgrade projects identified following advice from PWA and DPIE.

 

Options for Increased Water Security

 

As identified in the draft IWCM and subsequent secure yield (annual demand) analysis undertaken by PWA, two key projects have been identified to improve Council’s long-term water security. These include:

·    Construction of a bulk water filtration plant at Cowarra Dam

·    Raising of the Cowarra Dam walls in order to increase dam storage capacity.

 

A bulk water filtration plant at Cowarra Dam would provide increased water security for Council by allowing the river water extraction quality constraints to be relaxed. This would mean Council would be able to extract water from the river more frequently when river flows are sufficient. Currently, following large rainfall events, it is typical for Council to be unable to extract water for a number of weeks due to increased turbidity and nutrients in the water. The filtration plant will also provide a higher level of service to our community in terms of water quality.  Additionally, it will also provide added security by reducing the risk of contamination of the water stored within the dam and reduces the risk of algal blooms impacting the water supply as the water can be treated again prior to supplying to the community.  

 

Based on the latest water balance modelling and secure yield analysis completed by PWA, it is estimated that with the provision of a bulk water filtration plant at Cowarra Dam secure yield would be provided until approximately 2050.

 

Following this, it is proposed that raising of the Cowarra Dam walls to increase the storage capacity from 10,000ML to approximately 18,000ML would provide water security through to approximately 2070. As part of the IWCM review currently being undertaken by PWA, it is proposed to complete a review of the timing of construction for the Dam wall upgrade and consider whether bringing this forward in the works program would provide any advantages.

 

PWA were engaged in May 2019 to complete a scoping study for a bulk water filtration plant at Cowarra Dam to be completed in parallel with the IWCM updates. The study is expected to be completed in June 2020 and will identify the treatment requirements, preferred location for the treatment plant, environmental planning constraints and preliminary costs for the works. Completion of this study and inputs from the development of the IWCM Strategy will allow Council to proceed with detailed design and construction of the proposed water treatment plant which is expected to be completed by 2024.

 

A number of other upgrades are planned to the water supply system to ensure that the pipeline network is suitable to provide adequate supply and has appropriate redundancy to maintain water supply should there be a significant interruption in system i.e. water main break. These upgrades include:

 

·    Construction of the Southern Arm Trunk Main providing redundancy to the Camden Haven water supply. This pipeline has been constructed with one section remaining along Houston Mitchell Drive.

·    Construction of a dedicated trunk main between the Rosewood and Sancrox Reservoirs. The detailed design for this pipeline is complete with construction expected to be completed in the 2020-2021 financial year.

·    Construction of a new 750mm diameter trunk pipeline between the River extraction point at Rosewood and the Cowarra Dam and from the Cowarra Dam to the Port Macquarie Dam to allow for the increased water yield provided by the proposed bulk water filtration plant.

 

Options for increased use of Recycled Water

 

The intense drought and level 3 water restrictions has seen a strong interest in the supply of treated effluent (recycled or reclaimed water) for a range of reuses, with many new requests received from the community.  Council have gained approval for the following end uses:

 

Port Macquarie Recycled Scheme

·    Irrigation

·    Toilet Flushing

·    Truck/Car Washing

·    Laundry

·    Industrial and Commercial Construction

·    Dust Suppression

·    Fire Fighting rehydration response at Linfield Park peat fire

 

Lake Cathie/Bonny Hills Recycled Scheme

·    Irrigation

·    Dust Suppression

 

Camden Haven Recycled Scheme

·    Irrigation

·    Dust Suppression

 

Kew/Kendall Recycled Scheme

·    Irrigation

 

Further to the above, Council is investigating options in consultation with the Local Land Service and NSW Department of Primary Industries for potential end use opportunity for agriculture and livestock use following various requests from the community impacted by both the intense drought and recent fires.

 

Council will continue to explore opportunities for further use of reclaimed and recycled water. Reclaimed water is the process of converting wastewater into water including primary and tertiary treatment. Reuse for reclaimed water is typically limited to irrigation purposes. Recycled water has a further level of treatment that allows for a wider range of end uses including fulfilling certain needs in residences, businesses, and industry, and can even reach drinking water standards. For any new approvals however, there may also be other considerations for Council, such as existing user commitments, administrative burden, cost recovery etc.  Small-scale reuse may be appropriate/attractive in the current context, but longer-term arrangements may be limited by current plants capacity (3.7ML per day) and processing costs. In response to these concerns, Council are reviewing the duration of any new approval applications.

 

Council will continue to explore opportunities for further use of reclaimed and recycled water. Reclaimed water is the process of converting wastewater into water that can be reused for other purposes. Reuse may include irrigation of gardens and agricultural fields or replenishing surface water and groundwater. Reused water may also be directed toward fulfilling certain needs in residences, businesses, and industry. Recycled water has a further level of treatment that could even reach drinking water standards. For any new approvals however, there may also be other considerations for Council, such as existing user commitments, administrative burden, cost recovery etc.  Small-scale reuse may be appropriate/attractive in the current context, but longer-term arrangements may be limited by current plant capacity (3.7ML per day) and processing costs. In response to these concerns, Council are reviewing the duration of any new approval applications.

 

As part of the IWCM, investigations are also being undertaken to assess the suitability of our current recycled water system as part of a broader effluent management study. This work will assess whether increasing the current dual reticulation system will provide benefits to Council in terms of providing a suitable way to dispose of effluent and decreasing demand on the potable water supply.

 

In the interim period, Council is working toward completing the current approved recycled water systems with construction completed on the Bonny Hills Recycled water supply mains and construction commencing in early 2020 on the interim Thrumster Recycled water supply mains connection, with completion expected in 2021.

 

Following completion of the above mentioned projects and subsequent final approval from the Department of Planning, Industry and Environment (DPIE), Council will be supplying recycled water to the Thrumster development area, Rainbow Beach (Area 14) development area, all golf courses, a number of open space and recreation areas and a number of commercial users within Port Macquarie.

 

Options

 

This report is for notation only in relation to providing information in response to the Notice of Motion regarding Water Security tabled at the 18 September 2019 Ordinary Council meeting.

 

Community Engagement & Internal Consultation

 

There has been no external community engagement in relation to this report due to the fact that this report is an information report only.

 

Internal consultation has taken place with the following:

 

·    General Manager

·    Director Infrastructure

·    Group Manager Infrastructure Operations

·    Group Manager Infrastructure Planning

·    Group Manager Project Delivery

·    A/Operations Manager Water & Sewer

·    Senior Project Manager - Water & Sewer Projects

 

Planning & Policy Implications

 

There are no planning and/or policy implications in relation to this report, noting it is an information report only.

 

Financial & Economic Implications

 

There are a number of significant capital projects over the next 10 years tied closely to the IWCM and overall approach to water management. These projects are expected to total in the order of $500,000,000.00 and be funded through the Water and Sewer reserves and potential for grant funding.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.02

 

Subject:     Proposed Primary Airport Access Road Intersection With Oxley Highway

Presented by:  Infrastructure, Dan Bylsma

 

 

Alignment with Delivery Program

 

4.4.1 Plan, investigate, design and construct transport assets which address pedestrians, cyclist and vehicular needs to cater for the future growth of the region.

 

 

 

RECOMMENDATION

 

That Council note the information included in the Proposed Primary Airport Access Road Intersection with Oxley Highway report.

 

Executive Summary

 

The purpose of this report is to provide information and an update on the current investigation and planning underway for re-considering feasible options for an intersection on the Oxley Highway for the proposed Primary Airport Access Road, which doesn’t include the realignment of Fernhill Road.

 

Council is currently participating in a project that Transport for NSW (TfNSW) is undertaking to investigate future improvement works on the Oxley Highway between the Pacific Highway interchange and Hastings River Drive. This project will include options assessment of the proposed Primary Airport Access Road intersection, among others, in order to determine a feasible configuration that will minimise environmental and social impacts, thus removing the need to realign Fernhill Road.  

 

This assessment work is planned to be completed and outcomes known in the third quarter of 2020.

 

Discussion

 

At the 21 August 2019 Ordinary meeting, Council resolved as follows:

 

That Council:

1.       Acknowledge the significant evident environmental and geological constraints associated with the proposed ‘blue line’ investigation area from Fernhill Road to replace the Clifton Drive intersection at the Oxley Highway.

2.       Request the General Manager investigate and consult with Transport for NSW (TfNSW) regarding the feasibility of either:        

(a)     Upgrading the existing Clifton Drive intersection to serve the proposed Primary Airport Access Road; or

(b)     Continuing to plan for a new intersection with the proposed Primary Airport Access Road onto the Oxley Highway, excluding the extension of any new intersection into the Fernhill area.

3.       Request the General Manager report to the December 2019 Council meeting on progress in regard to Point 2 above.

 

The purpose of this report is to satisfy point 3 and to provide information and an update in relation to point 2 of the August resolution.

 

Transport for NSW (TfNSW), in collaboration with Council, is currently undertaking a strategic corridor investigation project for future improvement works on the Oxley Highway between the Pacific Highway interchange and Hastings River Drive. The goal of this project is to develop an agreed priority list of works to manage future traffic demands on the Oxley Highway.

 

The first and current phase of the project involves data collection and traffic modelling for future years 2026 and 2036. To cater for all possible future outcomes, this modelling will include consideration of scenarios both with and without the Primary Airport Access Road and proposed Orbital Road links. This phase is expected to be completed early in 2020. Possible options will be workshopped with Council and the newly appointed Port Macquarie Transport Network Community Consultative Committee (PMTNCCC), and preferred scenarios prioritised. In order to maximise the benefits, proposals will be developed as a coordinated program of works, rather than isolated locations.

 

The options to reconfigure the intersection of the Airport Access Road and the Oxley Highway will be assessed as part of this strategic concept work. To minimise environmental and social impacts all options will be re-considered, including an additional connection to the highway, thus removing the requirement to realign Fernhill Road. This assessment work is planned to be completed and outcomes known in the third quarter of 2020.

 

This assessment will inform TfNSW of the impacts a split intersection (Fernhill Road and the Primary Airport Access Road) will have on the highway. This along with the broader strategic need for a new connection to the airport will be used to determine the feasibility and acceptability of such an intersection configuration. 

 

TfNSW will progress concept development of priorities to enable funding submissions and business cases to be prepared for the priority improvement works along the Oxley Highway.

 

The outcomes of this strategic corridor investigation project will be key inputs to the broader Port Macquarie Transport Network Improvement Project, which will commence in January 2020.

 

Regarding upgrading the existing Clifton Drive/Fernhill Road/Oxley Highway intersection to serve the proposed Primary Airport Access Road, during the investigation and concept design development for the Primary Airport Access Road consideration was given to upgrading this intersection, as shown in Figure 1 below. This option directly impacts five houses and impacts a further five properties within the construction footprint on the northern side of the Oxley Highway.

 

The feasibility of this option was discussed with Transport for NSW (TfNSW) staff at two workshops in September 2017 and February 2018. The feedback received was that the option is feasible in terms of minimising the potential impacts on the operation of the Oxley Highway as it is an existing connection to the highway.  

  

This option along with the option to realign Fernhill Road were considered by the Regional Transport Infrastructure Steering Group in November 2017. The Steering Group endorsed not to progress this option any further due to the number of properties impacted and the complexities with consolidating access points around the intersection and focus on the development of the Fernhill realignment option, which was the option put forward for community consultation.

 

Figure 1: Proposed Primary Airport Access Road Development Option 2A - Upgrade Existing Intersection.

 

 

During the options development workshop with TfNSW, work will be undertaken to determine whether there are any other feasible intersection configurations that minimise impacts while ensuring road user safety and maintaining efficiency.

 

Progressing the Proposed Airport Access Road Project

 

At the June 2019 Ordinary Council meeting it was resolved that the Proposed Airport Access Road Project be separated from the Proposed Orbital Road Strategic

Business Case.

 

Based on feedback received during the Proposed Orbital Road community

Engagement, there is a need to have a business case style document clearly

explaining the need to improve access to the Regional Airport and to critically

analyse the different options available.

 

A Strategic Business Case for this project would include:

 

·    A review of all current information and summarise the overall need to improve

access to the Airport with particular reference to the Airport Master Plan and

the Airport Business Park planning proposal.

·    An analysis of the options of the North-South link, Clifton Drive / Lady Nelson Drive corridor and upgrades to Boundary Street as standalone accesses and to the costs, impacts and benefits of each for improving access to the

Airport.

·    A Review if any other corridors from the Oxley Highway are viable noting the Airport lands bio-certification corridor restrictions.

 

It is assessed that this work should be completed ahead of any further design

work outside the planning and investigations being undertaken by TfNSW.

 

Analysis of the options and clearly articulating the impacts, costs and benefits would effectively mitigate the risk of having any unanswered questions around the need for improved access and a preferred option for achieving this outcome.

 

The estimated cost of this work is approximately $200,000 and will be considered and brought back to Council as part of the 2020-2021 Operational Plan.

 

Options

 

This report is for notation only in relation to providing information in response to the Notice of Motion regarding the Proposed Primary Airport Access Road Intersection with the Oxley Highway tabled at the 21 August 2019 Ordinary Council meeting.

 

Community Engagement & Internal Consultation

 

There has been no external community engagement in relation to this report due to the fact that this report is an information report only.

 

Feedback will be sought and discussion had with the Port Macquarie Transport Network Community Consultative Committee on options for the reconfiguration of the Proposed Primary Airport Access Road intersection, which to be workshopped with TfNSW.

 

Internal consultation has taken place with the following:

 

·    General Manager

·    Director Infrastructure

·    Group Manager Infrastructure Planning

·    Senior Transport Engineer

 

External consultation has taken place with the following:

 

·    Transport for NSW – Northern Region

 

Planning & Policy Implications

 

There are no planning and/or policy implications in relation to this report, noting it is an information report only.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to this report, noting it is an information report only.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.03

 

Subject:     Sancrox and Fernbank Creek Planning Investigation

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

 

 

 

RECOMMENDATION

 

That Council:

1.       Endorse the information contained within Fernbank Creek and Sancrox Planning Investigation Area Discussion Paper and associated Fact Sheet.

2.       That the above documents be placed on public exhibition for a period of 28 days, and that feedback received in relation to this public exhibition be used to inform the development of a Structure Plan for this area (previously referred to as an ‘Outline Plan’).

3.       That delegation be provided to the General Manager to make any required minor or administrative amendments to these documents prior to exhibition.

4.       Note that Council Staff have recently reviewed a suite of draft documents in support of a proposed future Planning Proposal for a number of landholdings collectively known as ‘Le Clos Sancrox’. These documents are being reviewed in parallel with the progression of the Structure Plan following Council’s resolution in relation to this matter at its Ordinary Meeting of 20 February 2019.

5.       Encourage the Le Clos Sancrox land owner consortium to develop documents in support of the proposal referenced in Recommendation 4, in parallel with the development of the Structure Plan referenced in Recommendation 2, and that to ensure consistency in the strategic planning process, lodgement of a subsequent Planning Proposal should be avoided until this Structure Plan has been finalised.

 

Executive Summary

 

The Fernbank Creek and Sancrox Planning Investigation is being undertaken as Council’s current adopted position (as detailed within Council’s Urban Growth Management Strategy (UGMS)) is to maintain a 15-year supply of zoned residential land, ready for development, including allowance for lead-in times for investigation and rezoning. The intent is to promote market choice, competition and affordability in the housing market, allowing for growth cycles whilst also providing reasonable certainty for builders, developers and government regarding return on investment, particularly in relation to up-front infrastructure costs. In July 2017, the estimated supply of residentially zoned land in Port Macquarie was 16.4 years. Given the usual long lead times for the investigation and rezoning of land, it is timely to commence this process now in order to maintain a 15-year land supply.

 

Urban growth within the Local Government Area (LGA) must be consistent with the North Coast Regional Plan (NCRP) and UGMS. These documents are ultimately approved by the New South Wales (NSW) Government Department of Planning, Industry and Environment (DoPIE). When the NSW Government approved the UGMS in November 2018, it was subject to the Fernbank Creek and Sancrox investigation areas as being endorsed ‘only for investigation’. Advice from the NSW Government in relation to this condition stated that detailed assessment of site specific development constraints such as proximity to mineral resources, regionally significant farmland and potential high-environmental-value land will be required at the structure plan stage to confirm consistency with relevant state environmental planning policies and other legislative strategic planning requirements.

 

In consideration of the above, at its Ordinary Meeting of 20 February 2019, Council resolved that “…4. Immediately commence Stage 1 planning to prepare an Outline Plan for Sancrox-Fernbank Creek as detailed in the UGMS.”  Following on from this resolution, it is proposed that the term ‘Structure Plan’ be used in place of the term ‘Outline Plan’ to ensure consistency with the terminology referenced by the DoPIE in relation to its November 2018 advice as detailed above.

 

This report seeks Council’s endorsement of the Fernbank Creek and Sancrox Planning Institute of Australia Paper and Fact Sheet for the purpose of further engagement. 

 

Discussion

                                                                                      

The aim of the Fernbank Creek and Sancrox Planning Investigation project is to investigate the potential future growth areas referred to as A1 to B4, including a potential long term light industrial investigation area between Sancrox Road and the Oxley Highway, as identified in the UGMS. In addition, the relationship between these areas and existing land use zones within the Planning Investigation Area will also be considered to ensure the logical and sustainable long term growth of Port Macquarie can be facilitated. This process is intended to develop a strategic approach to the planning and release of these urban growth areas to ensure achievement of Council’s vision for the Port Macquarie-Hastings Local Government Area: ‘A sustainable high quality of life for all’.

 

Council’s current adopted position is to maintain a 15-year supply of zoned residential land, ready for development, including allowance for lead-in times for investigation and rezoning. The intent is to promote market choice, competition and affordability in the housing market, allowing for growth cycles whilst also providing reasonable certainty for builders, developers and government regarding return on investment, particularly in relation to up-front infrastructure costs.

 

In July 2017, the estimated supply of residentially zoned land in Port Macquarie was 16.4 years (UGMS). Given the usual long lead times for the investigation and rezoning of land, it is timely to commence investigation of the future potential growth areas as detailed within the attached Discussion Paper in order to maintain a 15-year land supply.

 

With regard to the UGMS, when the former Department of Planning and Environment (DoPE), now DoPIE approved this document, it was subject to the potential release areas outside of the urban growth areas (Fernbank Creek and Sancrox) being endorsed as ‘only for investigation’. The DoPE advised that the NCRP will not be changed until the investigations have been completed and appropriate structure plans endorsed by the DoPE. The advice also stated that detailed assessment of site specific development constraints such as proximity to mineral resources, regionally significant farmland and potential high-environmental-value land will be required at the structure plan stage to confirm consistency with relevant state environmental planning policies and section 9.1 directions.  

 

In consideration of the above, at its Ordinary Meeting of 20 February 2019, it was resolved that Council: ‘…4. Immediately commence Stage 1 planning to prepare an Outline Plan for Sancrox-Fernbank Creek as detailed in the UGMS.’ Following on from this resolution, it is proposed that the term ‘Structure Plan’ be used in place of the term ‘Outline Plan’ to ensure consistency with the terminology referenced by the DoPIE in relation to its November 2018 advice as detailed above.

 

In addition to the above, the Port Macquarie Hastings Industrial Land Strategy Review 2015 (ILSR) provides a strategic planning framework for industrial precincts and identifies appropriate locations for future industry to support and enhance the economic competitiveness of the Port Macquarie-Hastings Region. This document was used to inform industrial land use priorities within the UGMS, which included a potential long term light industrial investigation area between Sancrox Road and the Oxley Highway. The ILSR found:

 

…..there is 530 ha [hectares] of zoned industrial land in Port Macquarie-Hastings LGA, of which around 244ha of land is developed and 285ha is zoned and vacant. Excluding the constrained precinct of Herons Creek there remains around 211ha of vacant suitable industrial land available to the market.

 

The Port Macquarie-Hastings LGA will demand an additional 78ha to 135ha of industrial land to 2036 indicating there is sufficient current supply to meet demand to 2036.

 

To address long term industrial demand, an appropriate location for investigation may be between the Sancrox Employment Precinct and the Oxley Highway due to:

 

·    The proximity of both the Oxley and Pacific Highways;

·    Agglomeration opportunities with the Sancrox Employment Precinct; and

·    The potential for this future land to further improve access to the Sancrox Employment Precinct.

 

Given the long term nature of potential development within the Planning Investigation Area (beyond 2036), the proximity of this area to the future growth areas referred to as A1 to B4, and the sites location within the assessment boundary for the Greater Sancrox Structure Plan 2015, this precinct is also considered within the Discussion Paper document, along with consideration of other existing land use zones within the Planning Investigation Area.

 

In addition to the above, a suite of draft documents has been recently submitted by a planning consultant on behalf of a land owner consortium in support of a proposed future Planning Proposal for a number of landholdings collectively known as ‘Le Clos Sancrox’, which is located within the subject Planning Investigation Area. This documentation has been submitted in parallel with the progression of the Structure Plan following Council’s resolution in relation to this matter at its Ordinary Meeting of 20 February 2019.

 

Following initial review of the draft documents by Council Staff, feedback was provided to the subject planning consultant on 7 November 2019. Council Staff will continue working with the consultant in relation to these documents as relevant.

 

It can be noted that if site specific documentation in relation to Le Clos Sancrox is further advanced than information prepared as part of the wider Sancrox and Fernbank Creek Planning Investigation, there is the potential for inconsistencies to develop between these suites of documents through the assessment process.

 

The planning consultant administering the above process has indicated that formal lodgement of a Planning Proposal for this site is imminent. If the subject Planning Proposal is lodged prior to the finalisation of the wider Sancrox and Fernbank Creek Planning Investigation, statutory assessment timeframes will commence and Council will be required to issue a determination on the proposal within 90 days. If a determination is made to proceed with the Planning Proposal prior to the finalisation of the Structure Plan, infrastructure, social, environmental and other ancillary assessments are unlikely to be completed. This is likely to result in substandard infrastructure, social, environmental and other outcomes as the cumulative costs and benefits of the proposed development will not have been appropriately assessed and subsequent management measures developed, including the development of sustainable strategic development and contributions plans. The subject proposal would also need to be justified against the Variation Criteria as detailed within the NCRP and may lack strategic context. This may result in a more complex and time consuming approval process than if the Planning Proposal was lodged following finalisation of the Structure Plan.     

 

Given the above, consideration can be given to encouraging the land owner consortium to progress site specific documentation in parallel with the wider planning investigations in accordance with the Resolution of Council’s Ordinary Meeting of 20 February in relation to this matter. This would minimise the chance of inconsistencies between the documents, which would simplify the assessment process and achieve the best strategic community outcomes.

 

Options

 

Alternative options to the progression of the subject Planning Investigation are provided below:

 

Option 1 - As per Recommendation

 

Option 2 - Not prepare a Structure Plan for the Planning Investigation Area

 

This option would involve Council’s consideration of a report seeking an amendment to the UGMS to remove Action 6 (Preparation of an Outline Plan (Stage 1 investigations) for the Fernbank Creek and Sancrox potential future growth areas). In accordance with the provisions of the North Coast Regional Plan (NCRP), this action would likely remove strategic context to facilitate the progression of the Fernbank Creek site, due to this site being located within the ‘Coastal Zone’ as defined within the NCRP.

 

Notwithstanding the above, the Sancrox components of this proposal may be able to proceed, likely in part only due to site specific planning constraints, in accordance with the Variation Criteria contained within Appendix 1 of the NCRP. This could occur through the progression of appropriately justified individual Planning Proposals, as this area is outside of the constrained ‘Coastal Zone’ as defined within the NCRP.  

 

This approach would initially reduce burden on Council resources by removing the requirement to prepare a Structure Plan and associated documentation. However, additional long term burden may be borne by Council in assessing multiple site specific Planning Proposals on a case by case basis without the strategic framework of a Structure Plan.  

 

In addition to the above, it is likely that the full cost and benefit of this development to the community will not be accurately quantified without an overall Structure Plan. This may result in infrastructure not being adequately costed and therefore funded into the future. It is also likely to result in fragmented and poor quality social and environmental outcomes as conservation and community development decisions will be made on a case by case basis rather than in consideration of wider community requirements. 

 

Option 3 - Preparation of a Structure Plan without a Discussion Paper or Fact Sheet

 

This option would involve proceeding directly to the preparation of a Structure Plan without first having prepared a Discussion Paper or Fact Sheet. This option would facilitate the expedient resolution of Action 6 of the UGMS and Council’s Resolution of 20 February 2019. However, other considerations associated with this option include:

 

·    Targeted consultation in relation to this proposal has not yet been undertaken with the Fernbank Creek Stakeholders. Proceeding directly to the Structure Plan phase without first having undertaken a higher level assessment and targeted consultation may ‘surprise’ these stakeholders. This may result in poor community relations outcomes, particularly due to the potential nature of the Planning Investigation (rezoning rural land to urban land) and the presence of potential existing infrastructure challenges in relation to Fernbank Creek Road. This approach would also limit Council’s ability to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan.

 

·    The direction of the proposal for the Sancrox component of the Planning Investigation Area has changed significantly since initial planning investigations between 2011 and 2014. This includes changing potential urban land use outcomes from large lot residential to a combination of potential large lot, general and medium density residential, business and industrial land uses. These changes will significantly increase demand for infrastructure, social and recreational facilities, the demand for which will be required to be accurately quantified. As above, targeted consultation will minimise the chance of stakeholder ‘surprise’ and will allow Council to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan. 

 

This report recommends Option 1.

 

Community Engagement & Internal Consultation

 

Initial meetings between Council staff, State Government agency representatives and landowners in relation to the Greater Sancrox Structure Plan (GSSP) Issues Paper commenced in October 2011.

 

In December 2011 and after calling for expressions of interest, a Reference Group of landowner representatives was formed to assist in the draft GSSP preparation. The Reference Group comprised 10 landowner representatives and representation from the (former) Department of Planning and Infrastructure (DP&I), the Roads and Maritime Services (RMS) and the Office of Environment and Heritage (OEH).

 

Information about the draft GSSP preparation, including notes from the Reference Group meetings, was made available on Council’s website. Council staff meet with the Group several times to identify challenges and opportunities. The outcomes of these meetings and feedback from Group members helped to inform the development of the GSSP. Information updates were provided on Council’s website for all interested persons throughout.

 

At its Ordinary Meeting of 20 August 2014, Council resolved to publicly exhibit the draft GSSP. The draft GSSP was placed on public exhibition for a period of six weeks during September and October 2014.

 

Community engagement during public exhibition period included written notification to landowners and adjoining owners, notices in the local paper, web-based information and feedback survey form, information sessions and stakeholder meetings. Additional consultations also occurred with key State government agencies.

 

Following assessment of the public submissions received, amendments were made to the draft GSSP to incorporate appropriate feedback prior to reporting a revised GSSP to the 17 December 2014 Council meeting for adoption. 

 

The direction of the proposal for the Sancrox component of the Planning Investigation Area has changed significantly since the planning investigations between 2011 and 2014. This includes changing potential urban land use outcomes from large lot residential to a combination of potential large lot, general and medium density residential, business and industrial land uses. These changes will significantly increase demand for infrastructure and social and recreational facilities, the demand for which will be required to be accurately quantified. Proposed targeted consultation in relation to these changes will minimise the chance of stakeholder ‘surprise’ and allow Council to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan.

 

General consultation in relation to the Fernbank Creek component of the Planning Investigation Area has been undertaken as part of the progression of the UGMS. No stakeholder consultation specific to this proposal has been undertaken to date.

 

Internal consultation in relation to the Sancrox component of the planning investigation area has been undertaken since the development of the Greater Sancrox Structure Plan Issues Paper in 2011. This consultation has been undertaken through means such as document referrals, meetings and workshops. More recently, internal consultation in relation to this proposal was undertaken as part of an internal working group on 17 September 2019. Feedback from this working group has been used to inform the development of the attached Discussion Paper and Fact Sheet.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to the current phase of the subject Planning Investigation. Relevant Council policies such as Social Impact Assessment and Planning Agreements will be considered during the relevant future phases of the Planning Investigation.

 

Financial & Economic Implications

 

Council has allocated $150,000 to the development of the subject Structure Plan. The public exhibition of the subject Discussion Paper and Fact Sheet will incur administrative costs for purposes such as document distribution, venue hire and other associated costs as applicable. However, the majority of the above allocation is likely to be used to resource specialist assessments during the Structure Plan phase. Overhead resources (such as Council Staff time) will also be required to develop and manage the subject material.

 

Notwithstanding the above, the provision of resources to the progression of this documentation will facilitate the strategic identification of the economic, social, environmental and infrastructure opportunities and constraints of the site. This will allow the medium and long term costs and benefits of the proposal to be quantified and contributions planning and resource allocation distributed accordingly. 

 

No other financial implications are envisaged in relation to this matter at this time.

Attachments

 

1View. Discussion Paper - Sancrox and Fernbank Creek Planning Investigation Area

2View. Fact Sheet - Sancrox and Fernbank Creek Planning Investigation Area

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.04

 

Subject:     Deed of Assumption and Variation - Lincoln Road Planning Agreement

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.2 Plan for infrastructure that supports population growth.

 

 

RECOMMENDATION

 

That Council delegate authority to the General Manager to enter into and execute the Deed of Assumption and Variation Lincoln Road Planning Agreement.

 

Executive Summary

Council has received an offer from Town Beach Pty Ltd (new landowner) to enter into a Deed of Assumption and Variation to the Lincoln Road Planning Agreement.  The original agreement was entered into between Council and the previous landowner in connection with the change to the zoning of the land in 2017.

The agreement provides for the transfer of Council owned land to the developer, dedication of environmentally sensitive land, and improvements to and reallocation of stormwater infrastructure into Council ownership.  Changes to the original planning agreement are proposed to align with modification of the development consent for residential subdivision of the land.  It is recommended that Council enter into the Deed of Assumption and Variation.

Discussion

 

The new landowner of land off Lincoln Road and Castle Court at Port Macquarie, known as Lot 1 DP 1066820, has offered to enter into a Deed of Assumption and Variation related to the Lincoln Road Planning Agreement.  The planning agreement was entered into between Council and the previous landowner on 1 August 2017.  The offer has been received in connection with an application for modification of a development consent for the land.

 

Key provisions of the Lincoln Road Planning Agreement include:

·    Transfer of Council owned land to the new landowner being part Lot 34 DP856163 occupied by a stormwater facility

·    Establishment, dedication to Council and management of environmentally sensitive land in conjunction with the subdivision of the land

·    Improvements to and reallocation of stormwater infrastructure into Council ownership including improvements to an existing drainage swale at the eastern edge of the land.

 

A copy of the Deed of Assumption and Variation is included at the attachments to this report.  The amended planning agreement is located at the schedule and changes are shown in ‘mark up’ text.

 

The modification of the development consent includes the staging of the development and this requires changes to the timing of the new landowner’s obligations under the planning agreement.  The staging of the development was not anticipated at the time that the original planning agreement was offered in connection with the rezoning of the land.

 

Options

 

It is recommended that Council enter into the Deed of Assumption and Variation.

 

Council could choose not to enter into the deed. This would delay the determination of the application for modification of the development consent and provide uncertainty for the New Landowner.

 

Community Engagement & Internal Consultation

 

Public notification of the Deed of Assumption and Variation commenced on 30 October 2019 with a notice in local papers and information on Council’s ‘Have Your Say’ web page.  Notification concluded on 27 November 2019.  No submissions were received. 

 

The proposed modification of DA2017-870 that relates to the subject land was exhibited from 1 April 2019 to 15 April 2019.  No submissions were received.

 

Relevant staff from the Environmental Services and Development Assessment teams at Council have been consulted as part of the preparation of the Deed of Assumption and Variation.

Planning & Policy Implications

 

The Deed of Variation and Assumption conforms to Council’s Planning Agreement Policy.

 

Financial & Economic Implications

 

The Deed includes changes to the timing of the new landowner’s obligations that are intended to align with the staging of the development under the modified DA.

 

The original provisions include the dedication of approximately 30.4 hectares of environmentally sensitive land to Council.  This is considered to provide a public benefit.  The ongoing management responsibility for the environmental land will rest with Council on behalf of the community.

 

Attachments

 

1View. Deed of Assumption and Variation Lincoln Road Planning Agreement

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.05

 

Subject:     Sustainability Initiatives and Programs

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

4.8.1 Ensure all Council operations comply with environmental standards and regulations.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information provided in the Sustainability Initiatives and Programs report.

2.       Request the General Manager to give consideration to the development of a Sustainability Strategy as part of the draft 2020-2021 Operational Plan.

 

Executive Summary

 

Council at its October 2019 Ordinary meeting considered a Notice of Motion from Councillor Intemann regarding sustainability initiatives and programs. In consideration of this Notice of Motion Council resolved as follows:

 

“That Council:

1.       Request the General Manager provide a report to the December 2019 meeting of Council providing an overview of significant sustainability initiatives and programs that Council has previously and is currently engaged in, including how each might relate to climate change mitigation and/or adaptation.

2.       Consider funding a Sustainability Officer in the 2020-2021 Operational Plan.”

 

This report provides the information requested in item 1 of the resolution at Attachment 1 and recommends that this information be noted and that further consideration be given to the development of a Sustainability Strategy in conjunction with development of the draft 2020-2021 Operational Plan.

 

Discussion

 

In response to the Council resolution of 16 October 2019 (Item 1) staff have collated some details of the sustainability initiatives and programs Council has undertaken recently.  Attachment 1 lists these initiatives and organised them broadly into sustainability sectors. These are further broken down as follows:

·    Past: Those that have occurred in the past

·    Current: Those which are currently being utilized in Council operations (note that some of these have not been updated in years)

·    Future (known): Those which are coming in the short-term and are current works in progress.

 

The initiatives outlined have been created/driven by individual staff or function(s) or from a specific Council policy or strategy document or program such as the Long Term Energy Strategy and may not be exhaustive. However, the exercise of collating the list of initiatives highlights the fact that while these are indeed positive sustainability actions they individually cannot be relied upon to demonstrate that sustainability is a focus of the Council and it is quite difficult to demonstrate, after the fact, how each might have related to climate change mitigation and/or adaptation. 

 

In terms of adaptation and mitigation the following definitions have been applied:

 

·    Adaptation: measures taken to avoid the increase of pollutant emissions

·    Mitigation: measures that help to reduce the vulnerability to the consequences of climate change.

 

In the able included in Attachment 1, those initiatives that have been considered to relate to climate change mitigation and/or adaptation have been highlighted for ease of reference.

 

A coordinated approach through Council policy or a sustainability strategy that includes actions, that is appropriately resourced and against which progress is monitored and reported on, would improve the coordination and delivery of sustainability actions in a clear and transparent way, however at this stage there are no plans for Council to develop such a framework, nor is this body of work currently identified in Council’s adopted Delivery Program or Operational Plan. Council will however, consider the development of a Sustainability Strategy with the development of the draft 2020-2021Operational Plan.

 

Options

 

Council may choose to:

1.       Note the information contained in this report and give consideration to the development of a Sustainability Strategy with the development of the draft 2020-2021Operational Plan.

2.       Determine to resolve in some other manner.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with the Group Managers and Council’s Staff Action Group for Sustainability.

 

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. PMHC Sustainability Initiatives

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.06

 

Subject:     Draft Port Macquarie-Hastings Development Control Plan 2013 - Airport Business Park

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

 

 

 

RECOMMENDATION

 

That Council:

1.       Endorse the Draft Port Macquarie-Hastings Development Control Plan 2013 - Airport Business Park, at Attachment 3, for public exhibition concurrently with the Airport Business Park Planning Proposal for the period of 29 January to 26 February 2020.

2.       Seek an alteration to the Airport Business Park Planning Proposal Gateway Determination to include ‘recreation area’ as a permitted use in the B7 Business Park Zone.

3.       Delegate authority to the Director Development and Environment to make any necessary minor changes to the Draft Development Control Plan, including mapping, before public exhibition.

4.       Receive a further report on any submissions to the Draft Development Control Plan following the public exhibition period.

 

Executive Summary

 

At the same time that Council resolved to prepare a Planning Proposal to reconfigure and expand the existing B7 Business Park zone at the Port Macquarie Airport (i.e. July 2019), Council also resolved to prepare draft development control provisions to guide future development of the proposed Airport Business Park. 

 

This report seeks Council endorsement to publicly exhibit draft development controls for future development of the Airport Business Park.  The proposed controls are needed to help manage change in this area so that new development reflects the significance of the Airport Business Park as a distinctive business-related Gateway to Port Macquarie for aviation-related, high technology and campus style business park development.

 

The draft controls presented for pubic exhibition have been informed by work undertaken by King and Campbell Pty Ltd on behalf of the landowner (PMHC Airport).  This work was undertaken following Council’s July 2019 resolution.  In short, the proposed amendment to the Port Macquarie-Hastings Development Control Plan 2013 includes provisions related to a new access network, new open space network, high quality urban design and infrastructure.

 

It is also recommended that Council request an alteration to the Gateway Determination recently issued for the Airport Business Park Planning Proposal to add ‘recreation area’ as a permitted use in the B7 Zone.  This will ensure that upon rezoning, passive recreational opportunities will be permitted in the Airport Business Park for the enjoyment of workers and visitors, as envisaged.

 

In accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000, it is recommended that the draft development controls prepared by Council’s planning staff be placed on public exhibition for a period of 28 days, together with the Airport Business Park Planning Proposal. 

 

Discussion

 

Figure 1 - Site Plan

 

Background

 

On 17 July 2019, Council resolved to endorse a Planning Proposal to amend the Port Macquarie-Hastings Local Environmental Plan 2011 in relation to the Port Macquarie Airport and surrounding lands.  The Planning Proposal involves a reconfiguration and expansion of the existing B7 Business Park zone at the Airport, together with a rezoning of the remaining Airport lands and Council’s Thrumster lands to reflect the State Government’s Biodiversity Certification Assessment.

 

The NSW Department of Planning, Industry and Environment has since issued a Gateway Determination (Attachment 1) to allow the Planning Proposal process to commence.

 

Points 3 and 6 of Council’s resolution (reproduced in full below) relate directly to this report:

 

That Council:

1.       Endorse the Planning Proposal attached at Attachment 1 pursuant to section 3.33 of the Environmental Planning and Assessment Act 1979 to amend the Port Macquarie-Hastings Local Environmental Plan 2011 in relation to the Port Macquarie Airport and surrounding lands in accordance with the Planning Proposal.

2.       Forward the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination, and request that the Determination not authorise Council to be the local plan-making authority.

3.       Prepare draft Development Control provisions in respect of the Airport Business Park as outlined in this report in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

4.       Prepare a draft Section 9.11 Airport Business Park Roads Contribution Plan as described in this report.

5.       Commit to bind any purchaser of the Council owned Business Park Zone to contribute proportionally to the cost of upgrading Boundary Street and the Hastings River Drive/Boundary Street intersection.

6.       Receive a further report providing details of the draft Development Control provisions in 3 above for approval prior to the Planning Proposal and draft Development Control provisions being exhibited concurrently.

7.       Receive a report following the public exhibition to assess any submissions received.

8.       Delegate authority to the Director Development and Environment to make minor amendments to the Planning Proposal prior to submission for Gateway Determination.

 

Draft Development Control Provisions

 

In September 2019, King and Campbell Pty Ltd on behalf of the landowner (PMHC Airport) offered to prepare the draft development control provisions (DCP) for the proposed Airport Business Park.  A preliminary draft DCP was submitted on 25 October 2019 and in consultation with staff of Council’s Infrastructure Planning, Council’s planning staff reviewed the draft provisions and provided feedback. 

 

A revised draft DCP was received on 26 November 2019 (Attachment 2) and has been used to inform the content of the draft DCP proposed to be put forward for public exhibition by Council (Attachment 3).

 

The draft DCP contains a Vision for the Airport Business Park as follows:

‘The Airport Business Park evolves into a highly successful and attractive employment precinct that provides a range of job opportunities to support the local economy.  Strategically located, the Business Park operates as an important employment precinct that builds on the role of the Airport as a regional hub and significant Gateway to Port Macquarie.’

 

The desired future character of the Airport Business Park is a distinctive and prestigious hi-tech Gateway to Port Macquarie, with strong and seamless links to the Health and Education Precinct and Central Business District. 

 

The Precinct will contain a mix of aviation-related, high technology and campus style business park development supported by new infrastructure including, new roads, accessible public transport, pedestrian and cycleway connections, open space, and high-speed telecommunications.

 

A pleasant and safe work environment is envisaged through the provision of pedestrian-friendly streets, good landscape design and open spaces, with access to passive recreational opportunities adjoining Conservation Lands, as well as encouraging high-quality built form based on sustainable design principles. 

 

The draft DCP proposes that the Airport Business Park contain four development sub-precincts (see Figure 2) as follows:

 

1.       The Boulevard - will accommodate up to three storey ‘A-grade’ commercial/light industrial buildings that benefit from high visibility and accessibility.  This area will be vibrant and pedestrian friendly, focused along the major roads with key active frontages and communal open space at the northern Gateway entry for the enjoyment of workers and visitors.  Cafes and restaurants will be encouraged to provide areas for social interaction.

 

The high-quality design of the buildings and streetscape within The Boulevard will reflect the importance of the major transport connection to Hastings River Drive and future potential access to the Oxley Highway, the Health and Education Precinct and the Port Macquarie Central Business District.

 

The Boulevard road reserve will provide for future growth in traffic volumes without compromising the quality of landscaping and the provision of infrastructure for cyclists and pedestrians.  The importance of the existing entry to the Port Macquarie Airport will be announced through a combination of urban/building design Gateway controls and treatments.

 

2.       Business Park North – will comprise a range of aviation-related, technology, service and business uses, with a component of warehousing, and in some cases a component of research, such as but not limited to, information and communication technology, modern warehousing and distribution industries, advanced manufacturing industries and high-technology uses.  Focused along the perimeter of the precinct and internal street network, this area will be activated by display/showrooms and small-scale ancillary convenience uses.

 

3.       Business Park South – will feature a diversity of business and industry employment opportunities, including but not limited to, professional services, service trades, technology development and manufacturing, and community facilities, such as child care centres, gymnasiums/indoor recreation facilities.

 

4.       Recreation - the periphery of the precinct will provide opportunities for passive recreational open space adjacent to Conservation Lands.

 

In preparing the draft DCP, Council planning staff became aware that passive recreation, as envisaged for the Recreation sub-precinct, falls within the definition of ‘recreation area’ under the Port Macquarie-Hastings Local Environmental Plan 2011 and is prohibited in the B7 Zone. 

 

It is recommended that Council request that the Department of Planning, Industry and Environment issue an alteration to the Gateway Determination to add ‘recreation area’ as a permitted use in the B7 Zone.  This will ensure that upon rezoning, passive recreational opportunities will be permitted in the Airport Business Park, as envisaged.

 

 

The Boulevard - pink shading

Business Park North and Business Park South, as denoted

Recreation - outer edge of perimeter road

Figure 2 – Airport Business Park development sub-precincts

 

 

The purpose of the draft DCP is to guide coordinated development outcomes across the Airport Business Park to assist in realising the Vision for and Desired Future Character of the area.

 

The specific aims are:

 

·    To facilitate future business and technology park development that delivers high-value jobs to the local economy and builds on the role of the Port Macquarie Airport as a regional hub and transport Gateway.

·    To ensure the precinct will be characterised by a high quality and well-designed built form and streetscape that reflects the Gateway importance of the Airport Business Park and promotes a sense of arrival, prestige and identity.

·    To create a network of new streets to provide vehicular, pedestrian and cycle efficiency, safety and permeability that maximises cross connections within the precinct and to surrounding areas.

·    To facilitate a high quality environment and amenity for workers and visitors to the precinct.

·    To ensure that development does not interfere with the continued and expanded operation of the Port Macquarie Airport.

·    To ensure that development minimises potential environmental impacts and is consistent with the biodiversity outcomes of the Order Conferring Biodiversity Certification-Port Macquarie Airport and Surrounding Land, published in the NSW Government Gazette on 7 September 2018.

·    To provide for new road infrastructure, stormwater drainage, water supply, sewerage, electrical and telecommunications utilities to service future development.

 

Below is a summary of the key draft controls:

 

Subject

Proposed controls

Access network

·   New public streets, pedestrian connections and shared pedestrian/cycle pathways required.

Lot design

·   Minimum 40m width to street frontage.

·   Lots oriented so buildings address the street.

·   Battle-axe lots not supported.

Car parking

·   All parking for development to be on-site or in centralised off-road locations.

Bicycle facilities

·   Bicycle facilities required where commercial developments employ 20+ staff.

Landscape design

·   One street tree every 20m of street frontage comprising advanced stock capable of achieving heights of 10-15m.

·   Deep soils zones for each lot comprising 10% of site area (min 3m x 3m).

·   One canopy tree for every 9 at-grade car parking spaces (max intervals of 25m).

·   Landscaped front setbacks to include planting with low-water requirements.

Open space network

·   The Boulevard sub-precinct to provide communal public open space/plaza area at the northern Gateway entry.

·   Recreation sub-precinct to include pedestrian and cycle shareways, fitness trails and other opportunities for passive recreation.

Stormwater management

·   Water sensitive urban design required within subdivision, site and building design.

·   Developments to include 10kL rainwater tank plumbed for internal usage for toilets and site landscape irrigation.

Infrastructure and services

·   Sewer and water strategies required.

·   Electricity and telecommunications to be underground and preferably co-located.

·   State of the art telecommunications required.

Built form

·   High-quality architectural standard encouraged.

·   Metal cladding or untreated concrete surfaces for walls not supported.

·   Energy efficient design principles to be incorporated into building design.

·   Signage to be integrated with design of building facade.

Setbacks

·   5m front building setback.

·   Building to extend 40% (min) of the lot frontage.

Gateway sites

·   High quality public art and/or landscaping required for entry point to Port Macquarie Airport.

·   Design of buildings adjacent to this intersection to create a distinctive and recognisable Gateway entry to the Precinct.

Port Macquarie Airport controls

·   Lighting details required.

·   Development to have to regard to potential wildlife and bird strike hazards.

 

If adopted following exhibition, the draft DCP will supplement the General and the Development Specific (Business and Commercial Development, Subdivision) Provisions of Port Macquarie-Hastings DCP 2013 and provide guidance for Council staff and applicants in the assessment and preparation of development applications for the Airport Business Park.

 

Given the limited time that Council staff have had to review and prepare the draft development controls, further consultation with the landowner (PMHC Airport) may be needed to refine the provisions and Council will be able to make further amendments to the draft DCP following the public exhibition period.

 

Options

 

The following options are available to Council:

 

1.       Continue to rely on existing general planning controls in the Port Macquarie-Hastings DCP 2013 to guide future development within the proposed Airport Business Park.

2.       Require revisions to the draft DCP at Attachment 3 to this report.

3.       Progress the draft DCP at Attachment 3 to this report to public exhibition and invite feedback.

 

Option 3 is the preferred option to facilitate community engagement in conjunction with the Planning Proposal.

 

Community Engagement & Internal Consultation

 

If endorsed, the draft DCP will be exhibited for 28 days in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000, together with the Airport Business Park Planning Proposal and Council’s adopted Community Participation Plan 2019.  The exhibition will provide government agencies, the Proponent, adjoining landowners and the community, an opportunity to review and comment on the draft DCP. 

 

An advertisement will be placed in local newspapers advising of the exhibition period and the draft DCP will be available for view at Council’s administration buildings and ‘Have Your Say’ website. 

 

Should Council endorse the draft DCP, public exhibition of the Planning Proposal and draft DCP is expected to commence at the end of January 2020, having regard to the excluded Christmas/New Year period for exhibition under Schedule 1 of the Environmental Planning and Assessment Act 1979.

 

Following the exhibition period, Council planning staff will consider any government agency and public submissions received to the Planning Proposal and draft DCP and prepare a report for consideration at a future Council meeting. 

 

Planning & Policy Implications

 

The Airport Business Park is comparable in scale to the Port Macquarie Central Business District and although the B7 zone has been in place at the Airport for many years, there are no development controls for the Airport Precinct.  The Airport Business Park would typically have a location specific Precinct Plan.  Effective development controls are considered necessary to help achieve the Vision and Desired Future Character of the Precinct,  

 

NSW planning legislation relating to DCPs is contained within Part 3 Division 3.6 of the Environmental Planning and Assessment Act 1979 and Part 3 of the Environmental Planning and Assessment Regulation 2000.  If adopted, the DCP will take effect upon rezoning of the Airport Business Park and notified in local newspapers, typically within two to three weeks of the Council meeting date.

 

Financial & Economic Implications

 

There are no financial or economic implications in relation to the recommended public exhibition of the draft Airport Business Park development control provisions.

 

Attachments

 

1View. Gateway Determination - Airport Business Park

2View. King and Campbell Draft DCP - Airport Business and Technology Precinct

3View. Council Draft DCP - Airport Business Park

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.07

 

Subject:     Membership of the Coast, Estuary and Floodplain Sub- Committee

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the report.

2.       Write to people who have submitted an application (Expression of Interest) and advise of Council’s decision to re-initiate the recruitment process next year and that they do not need to re-apply.

3.       Appoint Councillor Peter Alley as the Chair of the Coast, Estuary and Floodplain Sub-Committee.

4.       Council receive an update report on recruitment at the April 2020 Ordinary Council meeting.

 

Executive Summary

 

At the 21 August 2019 meeting, Council resolved to adopt a new Coast, Estuary & Floodplain Sub-Committee (CEF) charter, a revised membership composition and proceed to seek formal Expressions of Interest for recruitment of new members. Since the meeting, Council staff have initiated an Expression of Interest (EOI) process in order to recruit suitable new members to the CEF Sub-Committee.

 

This report outlines the work completed to date in recruitment of new members, the ongoing recruitment that is required and the recommended appointment of Councillor Peter Alley as the Chair of the Coast, Estuary and Floodplain sub-committee.

 

Discussion

 

Following the August 20019 Ordinary Council meeting staff initiated an Expression of Interest (EOI) process in order to recruit suitable new members to the CEF Sub-Committee.

 

The process Council staff used for the EOI are as follows:

 

•           Created a page on Council’s website;

•           Created a web homepage banner advertising the EOI;

•           Promoted the EOI through social media channels;

•           Created a recruitment position application profile on Scout;

•           Numerous advertisements Community Now of local newspapers;

•           Advertised EOI to subscribers of Council’s Construction Industry eNewsletter;

•           Direct emails to environmental organisations.

 

At the close of the EOI period there was an insufficient pool of applications to progress to appointments of representatives of both industry and general community members.  As such, staff will recommence the expression of interest procedure in February 2020. During the new recruitment phase the Coast, Estuary and Floodplain Sub-Committee will be consulted with to ensure a wide audience is reached when recruiting for the positions.

 

During recruitment Councillor Peter Alley has been nominated as the Chair of the Coast, Estuary and Floodplain sub-committee. Council staff are now seeking the official endorsement of Council.

 

Council staff will provide Council with an updated report on progress of recruitment at the April 2020 meeting.

 

Options

 

The following options are available to Council:

 

1.       Note the information in the report.

2.       Write to applicants of the above listed vacant positions advising Council’s decision to seek further expressions of interest in 2020 and that they do not need to re-apply.

3.       Close recruitment and leave positions vacant.

 

Community Engagement & Internal Consultation

 

The proposal to review the CEF Sub-Committee has been discussed with Council staff and Councillors.

 

Once a determination is made by Council a meeting of the CEF Sub-Committee will be held to advise the existing members of Councils decision and consider further methods for encouraging member applications.

 

Planning & Policy Implications

 

Council is required to have a community reference committee for all Flood Management Plans and the new Coastal Management Plan process.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Adopted Charter - Coast Estuary and Floodplain Sub-Committee.pdf

 


AGENDA                                                                                Ordinary Council

11/12/2019

 

 

Item:          13.08

 

Subject:     Kooloonbung Creek Flying-Fox Camp Management

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

4.8.2 Increase community awareness and enable access to the natural environment.

 

 

 

RECOMMENDATION

 

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

 

Executive Summary

 

The Kooloonbung Creek Flying-Fox Camp Management Plan (CMP) was adopted by Council at the June 2019 ordinary meeting. The CMP follows the Department of Planning Industry and Environment (DPIE) template and state legislative guidelines and contains recommendations, specific to Kooloonbung Creek, for action based on feedback from the community and in particular local residents.

 

After formal adoption of the Camp Management Plan staff have begun implementation of the Level 1 and 2 management actions identified in Table 8 of the CMP Attachment 1.

 

This report provides an update of the progress of implementing Level 1 and 2 management actions identified in Table 8 of the CMP Attachment 1.

 

Discussion

 

The Kooloonbung Creek Flying-Fox Camp Management Plan (CMP) for the flying fox colony at Kooloonbung Creek has been under preparation since 2018. At the June 2019 Council meeting it was adopted by Council and work has begun to begin the implementation of the plan.

 

At the August 2018 meeting, Council resolved:

 

That Council:

1.       Note the information contained in the Management of the Flying-fox Colony in Kooloonbung Creek Nature Reserve report;

2.       Establish a Consultative Committee for Flying-fox Management in Kooloonbung Creek;

3.       Invite nominations for membership on the Committee from the following:

-      Affected residents;

-      Representatives from the Office of Environment and Heritage (OEH);

-      Representatives of the Friends of Kooloonbung;

-      Expert ecologists; and

-      Other interested community representatives.

4.       Prepare a Project Plan for delivery of a Camp Management Plan and associated community consultation/engagement/education program;

5.       Formally seek OEH and Local Government NSW funding for the development of a Camp Management Plan and future implementation of the Camp Management Plan;

6.       Engage a suitably qualified consultant to assist in the preparation of a new Flying-fox Camp Management Plan for Kooloonbung Creek, which takes account of new camp management options and legislation and to undertake associated community consultation (including formalised attitudinal surveys, etc.).

7.       Ensure that the Kooloonbung Creek Management Plan fully explores all other options and outlines the legislative obligations, pros, cons, and costs for management options including but not limited to:

a)         Noise barriers (e.g. Perspex sheeting);

b)         Buffer landscaping using non-roost trees;

c)         Specific rebates to residents to assist with air-conditioning etc.;

d)         (Voluntary) acquisition of properties for affected residents with these residences leased back by Council with agreements in place;

e)         Other novel options.

8.       Further considers the draft Camp Management Plan and the options outlined therein at a future meeting of Council, with further Actions to be based on this work.

9.       Request the General Manager provide quarterly reports to Council on progress in these matters.

 

The Kooloonbung Creek Camp Management Plan (the Plan) provides Port Macquarie- Hastings Council (Council) with a framework for managing community impacts associated with flying foxes roosting along Kooloonbung Creek, whilst ensuring flying foxes and their ecological services are conserved.