Ordinary Council Meeting - Hastings Council - NSW Government

PORT MACQUARIE-HASTINGS COUNCIL
Ordinary Council Meeting
Meeting Date: 15/02/2012 - Ordinary Council Meeting
MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 15/02/12.
PRESENT:
Neil Porter (Administrator)
Tony Hayward (General Manager)
Jeffery Sharp (Director of Infrastructure Services)
Craig Swift-McNair (Director of Corporate & Business Services)
Matt Rogers (Director of Development & Environment Services)
Lesley Atkinson (Director of Community & Cultural Development)
Stewart Todd (Manager Executive Services)(Governance)
Lyndal Harper (Acting Communications Manager)
Bronwyn Lyon (Governance Support Officer)
Sue Pollard (Statutory Reporting Officer)
Tracey Fairhurst (Communications Co-ordinator)
Jessica Jackson (Communications Officer - Media)
Beth Flynn (Social Planner)
Rebecca Olsen (Manager Business Services)
Kristian Enevoldson (Manager Financial Services)
The Administrator welcomed Craig Swift-McNair back to Council in the role now of Director
of Corporate & Business Services.
01 ACKNOWLEDGEMENT OF COUNTRY
The Administrator opened the Meeting at 5.30 pm with an Acknowledgement of Country and
welcomed all in attendance in the Chamber and on the Internet.
02 LOCAL GOVERNMENT PRAYER
Rev. David Blackmore from St Thomas' Anglican Church delivered the Local Government
Prayer.
03 CONFIRMATION OF MINUTES
ADOPTED:
1. That the Minutes of the Ordinary Council Meeting held on 14 December 2011 be
confirmed.
2. That the Minutes of the Extra-Ordinary Council Meeting held on 4 January 2012 be
confirmed.
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04 DISCLOSURES OF INTEREST
There were no disclosures of interest presented.
05 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING
ADOPTED:
That Council determine that the Attachment to Item Nos. 24, 25, 26, 27 & 28 be considered
as confidential, in accordance with Section 11(3) of the Local Government Act, for the
reason listed in the report.
07 PUBLIC FORUM
The Administrator advised of requests to speak in the Public Forum from:
1. Caree Alexander, Fluoride Action Network Australia.
2. Jennifer Smith.
07.1 PUBLIC FORUM: PETITION FOR COMMUNITY POLL ON WATER
FLUORIDATION
Caree Alexander, addressed Council and tabled a petition for a poll on water fluoridation in
the Port Macquarie-Hastings local government area water supply.
07.2 PUBLIC FORUM: HEALTH EFFECTS OF FLUORIDE
Jennifer Smith address Council and spoke in relation to health effects of fluoride on people.
11 SMOKE FREE OUTDOOR AREAS POLICY
The Administrator advised of a request to address Council for this item from:
Warren Taylor (S)
Warren Taylor addressed Council in support of the recommendations to Item 11 and 12.
ADOPTED:
That Council adopt the draft Smoke Free Outdoor Areas Policy.
12 STATEWIDE SMOKE-FREE OUTDOOR AREA LEGISLATION
ADOPTED:
That Council:
1. Lobby the NSW Government to introduce and enforce legislation that uniformly prohibits
smoking:
a) Within 10 metres of children’s playgrounds;
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b) Within 10 metres of sporting fields;
c) In all outdoor dining areas on public land;
d) In covered bus shelters and taxi ranks;
e) In reserves.
2. Call on the NSW Government to introduce and enforce smoke-free outdoor area
legislation by:
a) Writing to the local MP, Minister for Local Government, the Minister for Health and the
Premier, alerting them to Council’s desire for legislation and requesting they take steps to
progress it;
b) Publicising the resolution to the community through Council’s website and relevant
communication channels and promoting the Cancer Council campaign website
www.canceraction.com.au;
c) Tabling the issue for discussion at a ROC meeting to encourage other Councils to give
their support.
d) Advising Cancer Council NSW of Council’s actions.
34 SPECIAL RATE VARIATION 2012/2013 - FUNDING FUTURE SERVICES
The Administrator advised of a request to address Council for this item from:
George Hegarty (O)
George Hegarty address Council speaking in opposition to the recommendation.
ADOPTED:
That in relation to a Special Rate Variation Council will:
1. Submit an application to the Independent Pricing and Regulatory Tribunal under Section
508(2) of the Local Government Act seeking a Special Rate Variation that continues the
current 7.3% special rate variation on a permanent basis plus an additional 4.43% to be
applied to the rates base for a period of five (5) years only.
2. Prepare a draft 2012/2013 Operational Plan based on the above parameters in order to
place on public exhibition for a minimum period of 28 days.
3. Note the implementation of a significant community participation process as part of
Council’s commitment to Integrated Planning and Reporting as outlined in the Community
Participation Report (Funding Future Services - January 2012).
4. That the General Manager present a report to the May 2012 Council Meeting on
operational efficiency improvements that will enable Council to address the infrastructure
backlog.
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37 2011-2015 WASTE AND RESOURCE MANAGEMENT STRATEGY EXHIBITION
The Administrator advised of a request to address Council for this item from:
Gary Bridle (O)
Gary Bridle addressed Council speaking in opposition to the recommendation.
ADOPTED:
That the 2011-2015 Waste and Resource Management Strategy be adopted.
38 PLANNING PROPOSAL - LOT 128 DP 1078884 LAKESIDE WAY LAKE CATHIE (PP
2006-0003 46849)
The Administrator advised of requests to address Council for this item from:
Peter Bereicua (O)
Kirk Jansson (O)
Ray Muffett (O)
Jean Smith (O)
Barry Edmonds (O)
Paul Rowlandson (S)
Peter Bereicua addressed Council speaking in opposition to the recommendation.
Kirk Jansson addressed Council speaking in opposition to the recommendation.
Ray Muffett addressed Council speaking in opposition to the recommendation.
Jean Smith addressed Council speaking in opposition to the recommendation.
Barry Edmonds addressed Council speaking in opposition to the recommendation.
Paul Rowlandson addressed Council speaking in support of the recommendation.
ADOPTED:
That consideration of this matter be deferred pending an onsite inspection and public
meeting where Council and the developer will be able to answer questions from community
members.
06 ADMINISTRATOR'S MINUTES
06.01 ADMINISTRATOR'S MINUTE - ADMINISTRATOR DUTIES AND QUARTERLY
REPORT ON EXPENSES
ADOPTED:
That the report be received and noted.
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16 PURCHASE OF LAND - ORARA STREET, KENDALL (PIN 33009)
ADOPTED:
That Council:
1. Purchase land in the township of Kendall owned by the Country Rail Infrastructure
Authority comprising of an area of approximately one (1) hectare and described as Part Lot
1 DP 881120.
2. Proceed with the sale on the terms as outlined within this report.
3. Affix the seal of Council to the documents associated with the purchase and subdivision of
this land.
4. Classify the land as Community land within Council's Land Register.
5. Accept the offer of solicitor Mr Philip Higgins to act on a pro bono basis for Council with
this purchase.
18 INVESTMENTS - NOVEMBER 2011
ADOPTED:
That the investment report be received and noted.
19 INVESTMENTS - DECEMBER 2011
ADOPTED:
That the investment report be received and noted.
21 COMPLAINTS HANDLING REPORT
ADOPTED:
That the complaints handling report be received.
22 RECOGNITION OF COMPLIMENTS TO COUNCIL STAFF
ADOPTED:
That the information be noted and Council's appreciation of the staff performance and efforts
be recorded with thanks.
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23 COMMUNITY CONSULTATION - WORLD TRIATHLON CORPORATION - IRONMAN
EVENT HELD ON 1 MAY 2011
ADOPTED:
That Council:
1. Note the Ironman 2011 Consultation Report and forward to World Triathlon Corporation
and the Local Organising Committee.
2. Implement with event partners the 2012 Ironman Communications Strategy which reflects
learnings from the community consultation.
3. Refer the Ironman 2011 Consultation Report to the Integrated Transport Strategy working
party, in relation to consultation for long term infrastructure planning.
4. Engage more widely with the broader community when delivering major events such as
Ironman.
26 TENDER T-11-28 ROAD NETWORK CONDITION SURVEY
ADOPTED:
That Council:
1. Accept the Tender of $82,603.43 (ex GST) from Australian Surface Testing to conduct a
road condition survey of the Local Government area road network.
2. Affix the seal of Council to the necessary documents.
29 STATE GOVERNMENT LOAN INCENTIVE PROGRAM
ADOPTED:
That Council endorse the actions of the Council Officers in submitting the following two (2)
projects for consideration for interest subsidies under the Local Infrastructure Renewal
Scheme:
1. Replacement of Stingray Creek Bridge, North Haven - Amount sought $8,600,000.
2. Hastings River Drive Upgrade between Gordon Street and Boundary Street, Port
Macquarie - Amount sought $10,000,000.
30 CONSTITUTIONAL RECOGNITION
ADOPTED:
That Council list for consideration in the coming budgets for the financial years of 2012/13,
2013/14 & 2014/15 an amount of $9,164.80 to be forwarded to the Australian Local
Government Association (ALGA) to be used for the media campaign to inform the
community of the need for the Australian Constitution to formally recognise Local
Government.
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36 LEP AMENDMENTS - FURTHER REFINEMENTS, PP2011-0012 & PP2011-0015
ADOPTED:
1. Submit planning proposal PP2011-0012, relating to the further refinements as outlined in
this report (excluding Item No 12 - Pacific Highway upgrade, north of Oxley Highway), to the
Department of Planning and Infrastructure for Gateway determination.
2. Submit planning proposal PP2011-0015, relating to the further minor corrections with
minor public effect as outlined in this report, to the Department of Planning and Infrastructure
for Gateway determination.
3. Submit planning proposal PP2011-0012.2, relating to the further refinements as outlined
in this report for Item No 12 - Pacific Highway upgrade, north of Oxley Highway, to the
Department of Planning and Infrastructure for Gateway determination, following consultation
with NSW Roads & Maritime Services regarding the extent of required land acquisition.
THE FOLLOWING ITEMS WERE RESOLVED IN THE BLOCK:
08 DEVELOPMENT OF A HEADSPACE IN PORT MACQUARIE
ADOPTED:
That Council note:
1. That a Headspace Youth Mental Health facility will be established in Port Macquarie in
2013.
2. That letters of support have been provided for two consortia, one led by EACH Port
Macquarie and the other by Coffs Harbour Women's Health Inc.
3. That support will be provided to whichever consortia is chosen by the National
Headspace office, to establish the facility in Port Macquarie.
09 2011/12 SENIORS WEEK GRANTS
ADOPTED:
That Council authorise the distribution of $1,500 to assist Seniors Week activites in the Port
Macquarie-Hastings Local Government area.
10 POLICY - USE OF ROAD RESERVES AND FOOTPATHS FOR PERMANENT
TRADING FACILITIES
ADOPTED:
That Council rescind the Policy "Use Of Road Reserves Footpaths And Public Places For
Permanent Trading Facilities" and amend the Policy "Activities in Public Places" to confirm:
i. That permanent display of goods on footpaths will not be approved by the Council, and
ii. That temporary street stalls will be permissible in connection with special or one-off
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events, subject to approval.
13 ACQUISITION OF LAND FOR LANEWAY WIDENING AT REAR OF 128 GORDON
STREET, PORT MACQUARIE (PIN 62078)
ADOPTED:
That Council:
1. Purchase a remnant parcel of land contained in Lot 1 DP 708045 containing
approximately 70m² in the terms as outlined in this report.
2. Proceed to classify this land as "operational" at the appropriate time.
3. Affix the Council Seal to the necessary contract and subdivision documents.
14 TOURISM, COMMUNITY AND SERVICE SIGNAGE POLICY
ADOPTED:
That Council adopt the Tourism, Community and Service Signage Policy amendments and
update the Policy Register accordingly.
15 SINGLE LOT PRESSURISED SEWERAGE SYSTEMS
ADOPTED:
That Council:
1. Open dialogue with affected property owners within the Beechwood village area for the
provision of single lot pressurised sewerage systems on the basis of Council taking
responsibility for installation, operation and maintenance and the property owner being
responsible for power costs.
2. Accept a future report detailing a policy position and draft agreement relating to the
management of single lot pressurised sewerage systems based on this engagement.
17 ADDITION OF LAND TO CROWN RESERVE 78791 AT CAMDEN HEAD (PIN 27300)
ADOPTED:
That Council in its capacity as Trust Manager of Reserve 78791 accept the addition of Lot
200 Deposited Plan 754406 to the Reserve.
20 STATUS OF OUTSTANDING REPORTS TO COUNCIL
ADOPTED:
That the status of outstanding reports be received and noted.
24 TENDER T-11-24 - SUPPLY & DELIVERY OF 2 MOTOR GRADERS
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ADOPTED:
That Council:
1. Accept the Tender of $692,540.00 including GST received from Hitachi Construction
Machinery (Australia) Pty Ltd for the supply and delivery of two (2) John Deere 670G Motor
Graders including front tilting blade and reversing cameras.
2. Accept the trade-in of two (2) Motor Graders for $86,900.00 including GST (net
changeover to Council of $605,640.00 including GST) received from Hitachi Construction
Machinery (Australia) Pty Ltd.
3. Affix the seal of Council to the necessary documents.
25 TENDER T-11-23 - SUPPLY & DELIVERY OF 2 BACKHOE LOADERS
ADOPTED:
That Council:
1. Accept the Tender of $350,368.04 including GST received from Red Head Machinery
Sales Pty Ltd for the supply and delivery of two (2) JCB 3CXAPC Backhoe Loaders including
buckets and accessories.
2. Accept the trade-in of one (1) Backhoe Loader for $35,200.00 including GST (net
changeover to Council of $315,168.04 including GST) received from Red Head Machinery
Sales Pty Ltd.
3. Affix the seal of Council to the necessary documents.
27 TENDER T-11-22 GRAVE DIGGING SERVICES
ADOPTED:
That Council:
1. Accept the Tender from Booker Backhoe Bobcat & Tipper Hire Pty Ltd for the provision of
grave digging services at all Council operated cemeteries within the L.G.A. for the period 1st
March 2012 to 28th February 2014 with a further 24 month option available.
2. Affix the seal of Council to the necessary documents.
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28 TENDER T-11-30 KERB & GUTTER WORKS
ADOPTED:
That Council:
1. Accept the Tender of $240,730 (Excluding GST) from C&C Baker Backhoe Hire for the
construction of kerb and gutter and associated road pavement over a length of 915 metres
on Crummer Street and Partridge Street Port Macquarie.
2. Affix the seal of Council to the necessary documents.
31 RECOMMENDED ITEMS TO COUNCIL FROM THE SPORTING FUND
SUB-COMMITTEE
ADOPTED:
That Laura Cook be granted $750.00 (ex GST) to assist her with the expenses she will incur
travelling and competing in the last two races of the National Triathlon Series to be staged in
Canberra and Tasmania.
32 QUARTERLY BUDGET REVIEW STATEMENT - DECEMBER 2011
ADOPTED:
That the adopted adjustments in the "Financial Implications" section of the report be
adopted.
33 DECEMBER SIX MONTHLY REVIEW OF THE 2011-2015 DELIVERY PROGRAM
AND 2011/2012 OPERATIONAL PLAN
ADOPTED:
That Council:
1. Note the December six monthly review of Council’s 2011-2015 Delivery Program and
2011-2012 Operational Plan.
2. Adopt the amended 2011-2015 Delivery Program and 2011-2012 Operational Plan
Success Measures, as attached to this report.
35 AREA 14 (SVF) RAINBOW BEACH CENTRAL CORRIDOR PLANNING
AGREEMENT
ADOPTED:
That the report be received and noted.
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39 FUNDING OFFER FOR THE CONTROL OF INVASIVE ROADSIDE WEEDS
ADOPTED:
That Council:
1. Accept the grant offer of $49,980 from Environmental Trust, and that the 2011-12 budget
be adjusted to reflect this grant.
2. Endorse the Port Macquarie Hastings Council LGA – Roadside Vegetation Mapping
Report-Stage 1 as required by the funding contract.
This concluded the business and the meeting closed at 7.48pm.
..........................................
Neil Porter
Administrator
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