12 December 2012 - Hastings Council - NSW Government
12 December 2012 - Hastings Council - NSW Government
12 December 2012 - Hastings Council - NSW Government
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Ordinary <strong>Council</strong><br />
Business Paper<br />
date of meeting: Wednesday, <strong>12</strong> <strong>December</strong> 20<strong>12</strong><br />
location:<br />
time:<br />
<strong>Council</strong> Chambers, Port Macquarie<br />
5.30pm<br />
Note:<br />
<strong>Council</strong> is distributing this agenda on the strict understanding that<br />
the publication and/or announcement of any material from the Paper<br />
before the meeting not be such as to presume the outcome of<br />
consideration of the matters thereon.
<strong>Council</strong>’s Vision<br />
A sustainable high quality of life for all.<br />
<strong>Council</strong>’s Mission<br />
To provide regional leadership and meet the<br />
community’s needs in an equitable and<br />
inclusive way that enhances the area’s<br />
environmental, social and economic<br />
qualities.<br />
<strong>Council</strong>’s Corporate Values<br />
Sustainability<br />
Excellence in Service Delivery<br />
Consultation and Communication<br />
Openness and Accountability<br />
Community Advocacy<br />
<strong>Council</strong>’s Guiding Principles<br />
Ensuring Good Governance<br />
Looking after our people<br />
Helping our community prosper<br />
Looking after our environment<br />
Planning & providing our infrastructure
How Members of the Public Can Have Their Say at <strong>Council</strong> Meetings<br />
<strong>Council</strong> has a commitment to providing members of the public with an input into <strong>Council</strong>'s<br />
decision making. The <strong>Council</strong>'s Code of Meeting Practice provides two (2) avenues for<br />
members of the public to address <strong>Council</strong> on issues of interest or concern at the Ordinary<br />
<strong>Council</strong> Meeting. These are:<br />
Addressing <strong>Council</strong> on an Agenda Item:<br />
If the matter is listed in the <strong>Council</strong> Business Paper, you can request to address <strong>Council</strong> by:<br />
Completing the Request to Speak on an Agenda Item at a <strong>Council</strong> Meeting”, which can be<br />
obtained from <strong>Council</strong>’s Offices at Laurieton, Port Macquarie and Wauchope or by<br />
downloading it from <strong>Council</strong>’s website.<br />
Telephoning your request through to <strong>Council</strong>’s Call Centre on (02) 6581 8111.<br />
On-line at<br />
http://www.hastings.nsw.gov.au/www/html/2924-addressing-a-council-meeting-in-relationto-an-agenda-item.asp?intSiteID=1<br />
Your request to address <strong>Council</strong> must be received by <strong>Council</strong> no later than 4:30pm on<br />
the day prior to the <strong>Council</strong> Meeting.<br />
<strong>Council</strong>'s Code of Meeting Practice sets out the following guidelines for addressing <strong>Council</strong>:<br />
Addresses will be limited to 5 minutes.<br />
If you wish any written information, drawings or photos to be distributed to the <strong>Council</strong><br />
to support the address, two (2) copies should be provided to the Manager Executive<br />
Services (Governance) prior to the commencement of the meeting.<br />
Where speakers wish to make an audio visual presentation, a copy is to be provided<br />
to the Manager Executive Services (Governance) by <strong>12</strong> noon on the day of the<br />
<strong>Council</strong> Meeting.<br />
<strong>Council</strong> will permit only two (2) speakers "Supporting" and two (2) speakers<br />
"Opposing" the Recommendation contained in the Business Paper. If there are more<br />
than two speakers supporting and opposing, the Mayor will request the speakers to<br />
determine who will address <strong>Council</strong>.<br />
Addressing <strong>Council</strong> in the Public Forum:<br />
If the matter is not listed in the <strong>Council</strong> Business Paper, you can request to address <strong>Council</strong><br />
by:<br />
Completing the Request to Speak in the Public Forum at Ordinary <strong>Council</strong> Meeting”, which<br />
can be obtained from <strong>Council</strong>’s Offices at Laurieton, Port Macquarie and Wauchope or by<br />
downloading it from <strong>Council</strong>’s website.<br />
Telephoning your request through to <strong>Council</strong>’s Call Centre on (02) 6581 8111.<br />
On-line at<br />
http://www.hastings.nsw.gov.au/www/html/2926-addressing-council-in-the-councilmeeting-public-forum.asp?intSiteID=1<br />
Your request to address <strong>Council</strong> must be received by <strong>Council</strong> no later than 4:30pm on<br />
the day prior to the <strong>Council</strong> Meeting.<br />
A maximum of eight (8) speakers will be heard in the Public Forum. Each speaker will be<br />
limited to 5 minutes. <strong>Council</strong> may ask questions of speakers but speakers cannot ask<br />
questions of <strong>Council</strong>.<br />
<strong>Council</strong> will not determine matters raised in the Public Forum session, however may resolve<br />
to call for a further report, when appropriate.<br />
Speakers will be allowed to address <strong>Council</strong> in the Public Forum on the same issue no more<br />
than three (3) times in each calendar year. (Representatives of incorporated community<br />
groups may be exempted from this restriction).
Ordinary <strong>Council</strong> Meeting<br />
Wednesday, <strong>12</strong> <strong>December</strong> 20<strong>12</strong><br />
Items of Business<br />
Item Subject Page<br />
01 Acknowledgement of Country ................................................................................... 1<br />
02 Local <strong>Government</strong> Prayer ......................................................................................... 1<br />
03 Apologies ................................................................................................................... 1<br />
04 Confirmation of Minutes ............................................................................................ 1<br />
05 Disclosures of Interest ............................................................................................. 27<br />
06 Public Forum ........................................................................................................... 31<br />
07 Mayoral Minutes .................................................................................................... 32<br />
07.01 Mayoral Discretionary Fund Allocations .................................................. 32<br />
08 Ensuring Good Governance ................................................................................ 33<br />
08.01 Confidential Correspondence to Ordinary <strong>Council</strong> Meeting .................... 34<br />
08.02 <strong>December</strong> 20<strong>12</strong> Status of Outstanding Reports to <strong>Council</strong> ..................... 36<br />
08.03 Disclosure of Interest Return - <strong>Council</strong>lors .............................................. 38<br />
08.04 Disclosure of Interest Return - Building Surveyor Compliance ............... 40<br />
08.05 Establishment of <strong>Council</strong>lor Membership to Committees and<br />
Boards ...................................................................................................... 42<br />
08.06 Procurement Professional of the Year Award for 20<strong>12</strong> ........................... 56<br />
08.07 Draft Asset Disposal Policy ...................................................................... 58<br />
08.08 Monthly Review of Financial Position - November 20<strong>12</strong> ......................... 60<br />
08.09 Glasshouse Finances .............................................................................. 62<br />
08.10 Investments - October 20<strong>12</strong> .................................................................... 67<br />
08.11 Tender T-<strong>12</strong>-19 Flood Mitigation Channel - Belah Road ......................... 72<br />
08.<strong>12</strong> Tender T-<strong>12</strong>-20 Supply & Delivery of Burial Plaques .............................. 76<br />
08.13 Tender T-<strong>12</strong>-21 Purchase of Two (2) Motor Graders ............................. 79<br />
08.14 Tender T-<strong>12</strong>-24 Purchase of One (1) Landfill Compactor ....................... 83<br />
08.15 Tender T-<strong>12</strong>-25 Supply & Delivery of one (1) Elevated Work<br />
Platform (EWP)........................................................................................ 87<br />
09 Looking After Our People ..................................................................................... 91<br />
09.01 Annual Reporting of Contracts for Senior Staff ....................................... 92<br />
09.02 Recommended Items from the PMH Sporting Fund Sub-<br />
Committee Meeting held 1 November 20<strong>12</strong> ............................................ 95<br />
09.03 Amendment of Schedule of Fees and Charges for 20<strong>12</strong>/2013 ............... 97<br />
09.04 Delegation to <strong>Council</strong> of Functions under the Plumbing and<br />
Drainage Act 2011 ................................................................................. 100<br />
09.05 Aboriginal Reconciliation Action Plan 2008 - 20<strong>12</strong> End of<br />
Term Report ........................................................................................... 102
09.06 Building Better Regional Cities Program and Housing<br />
Affordability Scheme (HARS) ................................................................ 104<br />
09.07 Headspace Port Macquarie - Memorandum of Understanding ............. 105<br />
09.08 Youth Advisory <strong>Council</strong> Annual Report ................................................. 108<br />
09.09 Proposal to <strong>NSW</strong> <strong>Government</strong> regarding Public Library<br />
Funding .................................................................................................. 111<br />
10 Helping Our Community Prosper ...................................................................... 113<br />
10.01 Tertiary Education Planning ................................................................... 114<br />
10.02 Best Practice in Areas of Critical Operations ......................................... <strong>12</strong>0<br />
11 Looking After Our Environment ........................................................................ <strong>12</strong>1<br />
11.01 Wall Reserve Tree Management Issues (PIN 15194) ........................... <strong>12</strong>2<br />
11.02 2013 <strong>NSW</strong> Coastal Conference - Port Macquarie ................................. 132<br />
11.03 Extention of Waste Services Contracts ................................................. 134<br />
<strong>12</strong> Planning and Providing Our Infrastructure ...................................................... 138<br />
<strong>12</strong>.01 Grant of Easement for Underground Power at Port Macquarie<br />
Airport .................................................................................................... 139<br />
<strong>12</strong>.02 Lake Road, Port Macquarie - 40km/h High Pedestrian Activity<br />
Area ....................................................................................................... 141<br />
<strong>12</strong>.03 Thrumster Sewerage ............................................................................. 143<br />
<strong>12</strong>.04 Small Villages Sewerage Scheme ......................................................... 146<br />
<strong>12</strong>.05 Design, Construction and Maintenance of Transport Assets ................ 150<br />
<strong>12</strong>.06 Proposed delegations under Section 59 of the Environmental<br />
Planning & Assessment Act 1979. ......................................................... 161<br />
<strong>12</strong>.07 Lake Road Interim Traffic Improvements .............................................. 164<br />
<strong>12</strong>.08 Rezoning of Land at Dunbogan From Zone E2 Environmental<br />
Conservation To Zone E3 Environmental Management (PIN<br />
03468, 03469, 03470, 21855, 26603, 40332) ....................................... 168<br />
<strong>12</strong>.09 Settlement City Precinct - Draft Development Control Plan,<br />
Draft Section 94 Contributions Plan and Kmart Planning<br />
Proposal ................................................................................................ 171<br />
<strong>12</strong>.10 Building Better Regional Cities Grant Program - Affordable<br />
Housing Incentive Scheme arrangements ............................................. 184<br />
13 Questions for Next Meeting<br />
14 Confidential Matters<br />
Motion to move into closed session ...................................................................... 189<br />
14.01 General Manager Annual Performance Review 2011/20<strong>12</strong><br />
Adoption of Recommendations from Confidential Session
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 01<br />
Subject: ACKNOWLEDGEMENT OF COUNTRY<br />
"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai<br />
Elders both past and present. I also extend that respect to all other Aboriginal<br />
and Torres Strait Islander people present."<br />
Item: 02<br />
Subject: LOCAL GOVERNMENT PRAYER<br />
A Minister from the Combined Churches of Port Macquarie will be invited to deliver<br />
the Local <strong>Government</strong> Prayer.<br />
Item: 03<br />
Subject: APOLOGIES<br />
RECOMMENDATION<br />
That the apologies received be accepted.<br />
Item: 04<br />
Subject: CONFIRMATION OF PREVIOUS MINUTES<br />
RECOMMENDATION<br />
That the Minutes of the Ordinary <strong>Council</strong> Meeting held on 14 November 20<strong>12</strong> be<br />
confirmed.<br />
RECOMMENDATION<br />
That the Minutes of the Extra-Ordinary <strong>Council</strong> Meeting held on 28 November 20<strong>12</strong><br />
be confirmed.<br />
Item 01<br />
Page 1
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
PRESENT<br />
Members:<br />
<strong>Council</strong>lor Peter Besseling (Mayor)<br />
<strong>Council</strong>lor Rob Turner<br />
<strong>Council</strong>lor Adam Roberts<br />
<strong>Council</strong>lor Lisa Intemann<br />
<strong>Council</strong>lor Justin Levido<br />
<strong>Council</strong>lor Geoff Hawkins<br />
<strong>Council</strong>lor Trevor Sargeant<br />
<strong>Council</strong>lor Michael Cusato<br />
<strong>Council</strong>lor Sharon Griffiths<br />
Other Attendees:<br />
Tony Hayward (General Manager)<br />
Jeffery Sharp (Director of Infrastructure Services)<br />
Craig Swift-McNair (Director of Corporate & Business Services)<br />
Matt Rogers (Director of Development & Environment Services)<br />
Lesley Atkinson (Director of Community & Cultural Development)<br />
Lyndal Harper (Acting Communications Manager)<br />
Bronwyn Lyon (Governance Support Officer)<br />
Sue Pollard (Statutory Reporting Officer)<br />
The meeting opened at 5.30pm.<br />
01 ACKNOWLEDGEMENT OF COUNTRY<br />
The Mayor opened the Meeting with an Acknowledgement of Country and welcomed<br />
all in attendance in the Chamber.<br />
02 LOCAL GOVERNMENT PRAYER<br />
Pastor Phil Brown from the Port City Church delivered the Local <strong>Government</strong> Prayer.<br />
03 APOLOGIES<br />
There were no apologies.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 2
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
04 CONFIRMATION OF MINUTES<br />
RESOLVED: Levido/Sargeant<br />
That the Minutes of the Ordinary <strong>Council</strong> Meeting held on 10 October 20<strong>12</strong> be<br />
confirmed.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
05 DISCLOSURES OF INTEREST<br />
<strong>Council</strong>lor Cusato declared a pecuniary interest in Item 10.02 – Tender T-<strong>12</strong>-05 Port<br />
Macquarie Airport Upgrade Stage 1A (Airside) because his company holds a lease at<br />
the Port Macquarie Airport.<br />
SUSPENSION OF STANDING ORDERS<br />
RESOLVED: Levido/Turner<br />
That Standing Orders be suspended to allow Items 07.01 and 07.02 to be brought<br />
forward and considered next.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
07.01 MAYORAL DISCRETIONARY FUND ALLOCATIONS<br />
MOVED:<br />
Besseling<br />
That the Mayoral Discretionary Fund allocations for the period 1 July 20<strong>12</strong> to 29<br />
October 20<strong>12</strong> be noted.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 3
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
07 .02 REGIONAL DEVELOPMENT AUSTRALIA FUND - ROUND 3 AND 4<br />
EXPRESSIONS OF INTEREST<br />
MOVED:<br />
Besseling<br />
That in relation to Regional Development Australia funding for Rounds three (3) and<br />
four (4), <strong>Council</strong> determine what projects to submit to RDA Mid North Coast for<br />
consideration.<br />
MOTION<br />
MOVED:<br />
Turner/Griffiths<br />
That in relation to Regional Development Australia funding for Rounds three (3) and<br />
four (4), <strong>Council</strong>:<br />
1. Submit an Expression of Interest to RDA Mid North Coast under Round 3 of the<br />
Regional Development Australia Fund for the upgrade of the Kendall Tennis<br />
Facility/Complex upgrade.<br />
2. Submit an Expression of Interest to RDA Mid North Coast under Round 4 of the<br />
Regional Development Australia Fund for:<br />
- Wauchope Swimming Pool upgrade<br />
- Lake Cathie Coastal Erosion Revetment Wall<br />
- <strong>Hastings</strong> Regional Equestrian Facility<br />
AMENDMENT<br />
MOVED: Intemann/Sargeant<br />
That in relation to Regional Development Australia funding for Rounds three (3) and<br />
four (4), <strong>Council</strong>:<br />
1. Submit an Expression of Interest to RDA Mid North Coast under Round 3 of the<br />
Regional Development Australia Fund for the upgrade of the Kendall Tennis<br />
Facility/Complex upgrade.<br />
2. Submit an Expression of Interest to RDA Mid North Coast under Round 4 of the<br />
Regional Development Australia Fund for Wauchope Swimming Pool upgrade.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
RESOLVED: Intemann/Sargeant<br />
That in relation to Regional Development Australia funding for Rounds three (3) and<br />
four (4), <strong>Council</strong>:<br />
1. Submit an Expression of Interest to RDA Mid North Coast under Round 3 of the<br />
Regional Development Australia Fund for the upgrade of the Kendall Tennis<br />
Facility/Complex upgrade.<br />
2. Submit an Expression of Interest to RDA Mid North Coast under Round 4 of the<br />
Regional Development Australia Fund for Wauchope Swimming Pool upgrade.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 4
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
06 PUBLIC FORUM<br />
The Mayor advised of applications to address <strong>Council</strong> in the Public Forum from:<br />
1. Terry Minahan regarding a petition on “No PCYC”.<br />
2. Grahame Wilson regarding the Port Macquarie Indoor Stadium Expansion.<br />
3. Keith Wilkinson regarding the corporate governance in relation to the PCYC<br />
development.<br />
4. Jeffrey Hayes regarding the location of the proposed PCYC.<br />
5. Debbie Sommers regarding heritage and museums in the <strong>Hastings</strong>.<br />
RESOLVED: Roberts/Cusato<br />
That the above requests to speak be permitted.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
06.01 PRESENTATION OF PETITION – NO PCYC<br />
Terry Minahan, representing concerned residents in the Hibbard area, addressed<br />
<strong>Council</strong>, presented a petition for “No PCYC”, submitted questions and answered<br />
questions from <strong>Council</strong>lors.<br />
06.02 PORT MACQUARIE INDOOR STADIUM EXPANSION<br />
Grahame Wilson, representing Hibbard residents, addressed <strong>Council</strong> in regard to the<br />
Port Macquarie Indoor Stadium expansion and community consultation, submitted<br />
questions and answered questions from <strong>Council</strong>lors.<br />
06.03 CORPORATE GOVERNANCE IN RELATION TO THE PCYC<br />
DEVELOPMENT<br />
Keith Wilkinson, representing Hibbard residents, addressed <strong>Council</strong> in regard to<br />
corporate governance in relation to the PCYC development.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 5
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
06.04 LOCATION OF THE PROPOSED PCYC<br />
Jeffrey Hayes, representing Hibbard residents, addressed <strong>Council</strong> in regard to the<br />
location of the proposed PCYC and submitted questions.<br />
06.05 HERITAGE AND MUSEUMS IN THE HASTINGS<br />
Debbie Sommers, representing the Port Macquarie Historical Society Inc., addressed<br />
<strong>Council</strong> in regard to heritage and museums in the <strong>Hastings</strong> and answered questions<br />
from <strong>Council</strong>lors.<br />
REQUESTS TO SPEAK ON AN AGENDA ITEM<br />
The Mayor advised of requests to speak on agenda Item <strong>12</strong>.06 from:<br />
Ron Porter in support of the recommendation.<br />
Barry Breckenridge in opposition to the recommendation.<br />
RESOLVED: Roberts/Levido<br />
That the above requests to speak be permitted.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
SUSPENSION OF STANDING ORDERS<br />
RESOLVED: Levido/Cusato<br />
That Standing Orders be suspended to allow Item <strong>12</strong>.06 to be brought forward and<br />
considered next.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 6
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
<strong>12</strong>.06 DEVELOPMENT CONTRIBUTIONS FOR CAMPING GROUNDS AT<br />
KENDALL SHOWGROUND AND WAUCHOPE SHOWGROUND (40135,<br />
53746)<br />
Ron Porter, representing the Camden Haven PAH&I (Show) Society, addressed<br />
<strong>Council</strong> in support of the recommendation.<br />
Barry Breckenridge, Breckenridge Farmstay, addressed <strong>Council</strong> in opposition to the<br />
recommendation.<br />
RESOLVED: Turner/Cusato<br />
That <strong>Council</strong> waive the payment of development contributions for any short-term<br />
camping grounds approved at not-for-profit showgrounds for up to four (4) Equivalent<br />
Tenements (16 camping sites) and that development contributions over this number<br />
be applied in accordance with <strong>Council</strong>’s Development Contributions Assessment<br />
Policy.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.01 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING<br />
RESOLVED: Levido/Griffiths<br />
That <strong>Council</strong> determine that the attachments to Item numbers 08.04, 08.<strong>12</strong>, 08.13,<br />
08.14, 09.03, 10.02, <strong>12</strong>.05 be considered as confidential, in accordance with Section<br />
11(3) of the Local <strong>Government</strong> Act.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.02 COUNCIL MEETINGS DATES FOR 2013<br />
RESOLVED: Roberts/Hawkins<br />
That <strong>Council</strong> set the Ordinary <strong>Council</strong> Meeting dates for 2013 as the third<br />
Wednesday of each month being 20 February, 20 March, 17 April, 15 May, 19 June,<br />
17 July, 21 August, 18 September, 16 October, 20 November and 18 <strong>December</strong>.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 7
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
08.03 NOVEMBER 20<strong>12</strong> STATUS OF OUTSTANDING REPORTS TO COUNCIL<br />
RESOLVED: Griffiths/Turner<br />
That the information in the November 20<strong>12</strong> Status of Outstanding Reports to <strong>Council</strong><br />
be noted.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.04 LIABILITIES CONCERNING THE WEBCASTING OF COUNCIL MEETINGS<br />
MOTION<br />
MOVED: Sargeant/Intemann<br />
That <strong>Council</strong>:<br />
1. Resume webcasting of <strong>Council</strong> meetings in a live format and provide an<br />
archive for one (1) month only available on <strong>Council</strong>’s website.<br />
2. Take the necessary action as recommended in the legal advice attached to the<br />
report and those actions be reported back to the next <strong>Council</strong> Meeting.<br />
AMENDMENT<br />
WITHDRAWN<br />
MOVED: Hawkins/Griffiths<br />
That <strong>Council</strong>:<br />
1. Resume webcasting of <strong>Council</strong> meetings in a live format.<br />
2. Take the necessary action as recommended in the legal advice attached to the<br />
report and those actions be reported back to the next <strong>Council</strong> Meeting.<br />
LOST: 1/8<br />
FOR: Sargeant<br />
AGAINST: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Turner and<br />
Roberts<br />
AMENDMENT<br />
MOVED: Levido/Roberts<br />
That this matter be deferred to the February 2013 <strong>Council</strong> Meeting to enable the GM<br />
to prepare a report taking into account the legal advice attached to the report as to a<br />
workable plan for webcasting meetings and costings which will protect <strong>Council</strong>’s legal<br />
position bearing in mind the legal advice.<br />
CARRIED: 8/1<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts<br />
AGAINST: Intemann<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 8
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
RESOLVED: Levido/Roberts<br />
That this matter be deferred to the February 2013 <strong>Council</strong> Meeting to enable the GM<br />
to prepare a report taking into account the legal advice attached to the report as to a<br />
workable plan for webcasting meetings and costings which will protect <strong>Council</strong>’s legal<br />
position bearing in mind the legal advice.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.05 QUARTERLY PROGRESS REPORT ON THE 2011-2015 DELIVERY<br />
PROGRAM AND 20<strong>12</strong>-2013 OPERATIONAL PLAN<br />
RESOLVED: Intemann/Roberts<br />
That <strong>Council</strong> adopt the September quarterly report on the 2011-2015 Delivery<br />
Program and 20<strong>12</strong>-2013 Operational Plan.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.06 2011-20<strong>12</strong> ANNUAL REPORT<br />
RESOLVED: Hawkins/Cusato<br />
Pursuant to the provisions of Section 428 of the Local <strong>Government</strong> Act 1993,<br />
<strong>Council</strong>:<br />
1. Adopt the 2011-20<strong>12</strong> Annual Report, comprising Part A and B.<br />
2. Submit the 2011-20<strong>12</strong> Annual Report to the Minister for Local <strong>Government</strong>.<br />
3. Publish the 2011-20<strong>12</strong> Annual Report on <strong>Council</strong>'s website and make copies of<br />
the report available at all <strong>Council</strong> Offices and Libraries.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 9
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
08.07 ADVERTISING - NEWSPAPER POLICY<br />
RESOLVED: Griffiths/Turner<br />
That the Advertising – Newspaper Policy be rescinded.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.08 ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE<br />
20<strong>12</strong><br />
RESOLVED: Hawkins/Levido<br />
That <strong>Council</strong> adopt the Annual Financial Statements for the year ended 30 June<br />
20<strong>12</strong>, as submitted, together with the Auditor’s Report.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.09 MONTHLY REVIEW OF FINANCIAL POSITION - OCTOBER 20<strong>12</strong><br />
RESOLVED: Intemann/Sargeant<br />
That <strong>Council</strong> adopt the adjustments included in the “Financial Implications” section of<br />
the Monthly Review of Financial Position report for October 20<strong>12</strong>.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.10 INVESTMENTS - SEPTEMBER 20<strong>12</strong><br />
RESOLVED: Griffiths/Cusato<br />
That <strong>Council</strong> receive and note the Investment Report for September 20<strong>12</strong>.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 10
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
08.11 DRAFT SPONSORSHIP POLICY<br />
RESOLVED: Intemann/Hawkins<br />
That <strong>Council</strong>:<br />
1. Endorse the draft “Sponsorship Policy and Sponsorship Guidelines” to be placed<br />
on public exhibition for a period of 28 days.<br />
2. Upon receipt and consideration of any submissions received during the<br />
exhibition period, consider the draft “Sponsorship Policy and Sponsorship<br />
Guidelines” for adoption at a future meeting of <strong>Council</strong>.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.<strong>12</strong> TENDER T-<strong>12</strong>-14 ELECTRICAL WORKS (PLC, TELEMETRY & GENERAL)<br />
RESOLVED: Levido/Turner<br />
That <strong>Council</strong>:<br />
1. Accept the tenders from Mid Coast Telemetry Pty Ltd and Safety & Forensic<br />
Engineering Pty Ltd to be appointed to a panel of suppliers for the provision of<br />
Programmable Logic Controller (PLC) Circuit & Process Control Design,<br />
Documentation & Commissioning for an initial period of twenty-four (24) months<br />
commencing on the 1st January 2013 with a further twelve (<strong>12</strong>) month option<br />
available.<br />
2. Accept the tenders from Mid Coast Telemetry Pty Ltd and Concept Engineering<br />
Services Pty Ltd to be appointed to a panel of suppliers for the provision of<br />
Telemetry, Communications & Instrumentation Activities, Design Documentation<br />
and Commissioning for an initial period of twenty- four (24) months commencing<br />
on the 1st January 2013 with a further twelve (<strong>12</strong>) month option available.<br />
3. Accept the tender from SP Barker Electrical Pty Ltd for the provision of<br />
standard electrical repairs, maintenance, alterations & minor new work for an<br />
initial period of twenty-four (24) months commencing on the 1st January 2013<br />
with a further twelve (<strong>12</strong>) month option available.<br />
4. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 11
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
08.13 TENDER T-<strong>12</strong>-22 GLASSHOUSE CATERING<br />
RESOLVED: Roberts/Hawkins<br />
That <strong>Council</strong>:<br />
1. Accept the tender received from Qsine Group Pty Ltd for the Management<br />
Rights for Food & Beverage Services at the Glasshouse.<br />
2. Delegate the function of negotiating the terms of the lease to the General<br />
Manager (in accordance with the Local <strong>Government</strong> Act 1993 Section 335).<br />
CARRIED: 8/1<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Turner and Roberts<br />
AGAINST: Sargeant<br />
08.14 TENDER T-<strong>12</strong>-24 PURCHASE OF ONE (1) LANDFILL COMPACTOR<br />
RESOLVED: Turner/Intemann<br />
MOTION<br />
Moved: Turner/Intemann<br />
That consideration of Tender T-<strong>12</strong>-24 Purchase of One (1) Landfill Compactor be<br />
deferred to the <strong>December</strong> 20<strong>12</strong> <strong>Council</strong> Meeting to allow further advice from the<br />
Tender Evaluation Panel.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.15 COMPLIMENTS AND COMPLAINTS ANNUAL REPORT 2011-20<strong>12</strong><br />
RESOLVED: Levido/Intemann<br />
That <strong>Council</strong> note the Compliments and Complaints Annual Report for 2011-20<strong>12</strong>.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page <strong>12</strong>
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
09.01 RECOMMENDED ITEMS FROM THE PMH SPORTING FUND SUB-<br />
COMMITTEE MEETING HELD 4 OCTOBER 20<strong>12</strong><br />
RESOLVED: Sargeant/Griffiths<br />
That <strong>Council</strong> reimburse Patrick Hamilton $350.00 (ex GST) to assist with expenses<br />
incurred competing as part of the Northern <strong>NSW</strong> Country Under 13 Team at the 20<strong>12</strong><br />
National Championships (Soccer) held in Coffs Harbour from 30 September to 4<br />
October 20<strong>12</strong> inclusive.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
09.02 COMMUNITY HALLS SECTION 355 MANAGEMENT COMMITTEE<br />
MEMBERSHIP 20<strong>12</strong><br />
RESOLVED: Hawkins/Cusato<br />
That <strong>Council</strong>:<br />
1. Endorse the membership of the Community Halls Section 355 Management<br />
Committees for 20<strong>12</strong>/2013 as outlined in the attached report.<br />
2. Thank, in writing, the outgoing committee members of the Community Halls<br />
Section 355 Committees for their service to the community.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 13
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
09.03 20<strong>12</strong>/13 COMMUNITY GRANTS PROGRAM<br />
RESOLVED: Griffiths/Levido<br />
That <strong>Council</strong> approve:<br />
1. The recommended funding to the following groups under the Environmental<br />
Restoration Grants, funded through the Environmental Levy (Pool - $20,000).<br />
Port Macquarie Landcare Group (Manage vegetation on reserves) $5,000<br />
Port Macquarie Landcare Group (Train and equip volunteers) $5,000<br />
Friends of Kooloonbung Creek Nature Reserve (Eradicating weeds) $5,000<br />
Koala Preservation Society (Planting Koala Food Trees) $3,500<br />
Total Recommended for 4 projects = $18,500<br />
2. The recommended funding to the following groups under the Christmas and<br />
New Year Events Grants (Pool - $15000).<br />
Long Flat Public School P & C (Long Flat Christmas Tree) $740<br />
Port Macquarie City Church (Christmas on the Beach) $4,100<br />
Port Macquarie Ministers Association Inc (Carols by Candlelight) $5,000<br />
Wauchope Neighbourhood Centre (Christmas Fair) $2,500<br />
Bonny Hills Progress Association (Carols on the Deck) $800<br />
Lake Cathie – Bonny Hills Lions Club (Carols by the Lake) $1,500<br />
Total Recommended for 6 projects = $14,640<br />
3. The recommended funding to the following groups under the Community<br />
Development Grants (Pool - $140700).<br />
(a)<br />
Non-<strong>Council</strong> Owned Rural Halls:<br />
Comboyne War Memorial Hall $7,950<br />
Pappinbarra Progress Association $3,850<br />
Kendall Community Centre Reserve Trust $2,485<br />
Sub-total Recommended for 3 projects = $14,285<br />
(b) General Community Development (Pool - $<strong>12</strong>6,415):<br />
Port Macquarie Neighbourhood Centre Inc $2,000<br />
Kendall Community Preschool Inc $3,565<br />
Birpai Local Aboriginal Lands <strong>Council</strong> (Aboriginal Men’s Group) $5,500<br />
Bago Magic Performance Group Inc $7,196<br />
St Josephs Family Services - St Agnes Early Education Centre $8,029<br />
St Vincent de Paul Society’s McCosker House $7,635<br />
Wauchope Little Athletics Centre $1,909<br />
Lifeline Mid Coast $6,065<br />
Port Macquarie Speech Pathology / Sensory Smart $3,800<br />
Family Drug Support $6,500<br />
Birpai Local Aboriginal Lands <strong>Council</strong> (Birpai Sewing Group) $5,000<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 14
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
Endeavour Mental Health Recovery Clubhouse $9,964<br />
Mid North Coast Maritime Museum Inc $3,150<br />
Camden Haven Meals on Wheels $4,010<br />
Rhythm Revue $1,800<br />
Kendall Men’s Shed $7,190<br />
Bellangry Craft Centre $6,3<strong>12</strong><br />
<strong>Hastings</strong> Headway $3,987<br />
Wauchope Scout Group $4,844<br />
UnitingCare Burnside $6,800<br />
Riding for the Disabled Wauchope / Port Macquarie Centre $5,000<br />
Popinjay and Nuncle Theatre Company Inc $2,500<br />
2 nd Wauchope Poultry Club $2,217<br />
Bundaleer Care Services $2,000<br />
<strong>Hastings</strong> Country Music Assoc Inc $3,000<br />
Zonta Club of Port Macquarie $497<br />
Wauchope Amateur Swimming Club $5,245<br />
Spinal Cord Injuries Australia $700<br />
Sub-total Recommended for 28 projects = $<strong>12</strong>6,415<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
09.04 ABORIGINAL RECONCILIATION ACTION PLAN UPDATE 2008 - 20<strong>12</strong><br />
IMPLEMENTATION REPORT<br />
RESOLVED: Roberts/Sargeant<br />
That <strong>Council</strong>:<br />
1. Note the 2011/20<strong>12</strong> Annual Implementation Report of the Aboriginal<br />
Reconciliation Action Plan 2008 – 20<strong>12</strong>.<br />
2. Note the commencement of work on the Aboriginal Reconciliation Strategy<br />
2013 – 2017.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 15
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
09.05 UPDATE ON THE ENVIRONMENT AND CREATIVITY CENTRE PROJECT<br />
AND PROPOSED COMMUNITY GARDEN SITE LOCATION<br />
RESOLVED: Levido/Intemann<br />
That <strong>Council</strong>:<br />
1. Note the information in relation to the relocation of the community garden site<br />
to Central Road (Lot 4 DP 792855 and Lot 8 DP 262151)<br />
2. Approve the community engagement phase to commence regarding Central<br />
Road.<br />
3. That the General Manager provide a report to <strong>Council</strong> as to the site on the<br />
corner of Burgess Close and Ocean Drive as to the history of the site, future<br />
challenges of the site and costing issues.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
10.01 "EAT SEE DO" MAGAZINE<br />
RESOLVED: Sargeant/Griffiths<br />
That <strong>Council</strong>:<br />
1. Expresses its dissatisfaction with the way local businesses have been<br />
seemingly disregarded in the production, design and distribution processes<br />
associated with the “Eat See Do” magazine.<br />
2. Request the General Manager review <strong>Council</strong>’s procurement policies by<br />
February 2013 so as to ensure that local firms at all times be given fair and<br />
equal opportunity to tender and/or quote for <strong>Council</strong> business.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 16
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
10.02 TENDER T-<strong>12</strong>-05 PORT MACQUARIE AIRPORT UPGRADE STAGE 1A<br />
(AIRSIDE)<br />
<strong>Council</strong>lor Cusato declared a pecuniary interest in this matter, left the room and was<br />
out of sight during the <strong>Council</strong>’s consideration, the reason being that <strong>Council</strong>lor<br />
Cusato’s company has a lease at the Port Macquarie Airport, the time being 7:51pm.<br />
RESOLVED: Intemann/Levido<br />
That <strong>Council</strong>:<br />
1. Accept the tender of $17,517,104.54 (excl. GST) received from Downer EDi<br />
Works Pty Ltd for the proposed Stage 1A (airside) upgrade of Port Macquarie<br />
Airport.<br />
2. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
3. Adopt an overall project budget for the proposed Stage 1A (airside) upgrade of<br />
$21,000,000 (excl. GST).<br />
4. Seek offers from appropriate lending institutions for flexible financing<br />
arrangements for the proposed works, with delegated authority given to the<br />
General Manager to accept the most suitable offer.<br />
CARRIED: 8/0<br />
FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner and<br />
Roberts<br />
AGAINST: Nil<br />
Michael Cusato returned to the meeting, the time being 08:01pm.<br />
10.03 SHOWGROUNDS<br />
RESOLVED: Intemann/Griffiths<br />
That <strong>Council</strong> note the response to the Question on Notice regarding Showgrounds.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 17
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
11.01 CONTINUATION OF MANDATORY WATER CONSERVATION MEASURES<br />
RESOLVED: Griffiths/Hawkins<br />
That <strong>Council</strong>:<br />
1. Adopt the continuation of Mandatory Water Conservation Measures for the Port<br />
Macquarie-<strong>Hastings</strong> District Water Supply Scheme.<br />
2. Review these measures on a five (5) yearly basis.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
11.02 DA20<strong>12</strong>-0388 - INSTALLATION OF TELECOMMUNICATION FACILITY<br />
COMPRISING A TELESCOPIC MAST FOR AMATEUR RADIO USE AND<br />
CLAUSE 4.6 VARIATION TO CLAUSE 4.3 HEIGHTS OF BUILDINGS IN<br />
THE PORT MACQUARIE-HASTINGS LOCAL ENVIRONMENTAL PLAN<br />
2011 - LOT 42 DP 874192 22 LILLI PILLI CLOSE, KEW (PIN 31935)<br />
RESOLVED: Roberts/Cusato<br />
That DA20<strong>12</strong> – 0388 for a installation of a telecommunication facility comprising a<br />
telescopic mast for amateur radio use and Clause 4.6 Variation to Clause 4.3 Height<br />
of Buildings in the Port Macquarie <strong>Hastings</strong> Local Environmental Plan 2011 at Lot 42,<br />
DP 874192, No. 22 Lilli Pilli Close, Kew, be determined by granting approval subject<br />
to the recommended conditions and as amended below by <strong>Council</strong>’s Development<br />
Assessment Panel:<br />
Amend Condition F1 to read as follows<br />
"Between the hours of 6am to 6pm, the use of the tower is restricted to a maximum of<br />
150 hours per calendar month. There is no restriction on the use of the tower from<br />
6pm to 6am as it will not be visible at night. When the tower is not being used during<br />
the 6am to 6pm period, the tower is to be in the lowered (6.6m height limit) position.<br />
The owner is to keep a log book of usage that is to be made available to <strong>Council</strong><br />
upon request.".<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 18
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
11.03 CHEMICAL USAGE<br />
RESOLVED: Intemann/Levido<br />
That <strong>Council</strong> note the response to the Question on Notice regarding chemical usage.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
<strong>12</strong>.01 OPERATIONAL PLAN PRIORITIES<br />
RESOLVED: Turner/Roberts<br />
That <strong>Council</strong> note the response to the Question on Notice regarding operational plan<br />
priorities.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
<strong>12</strong>.02 WAUCHOPE HEAVY VEHICLE DEVIATION<br />
RESOLVED: Intemann/Levido<br />
That a report on the status of this issue be brought to the February 2013 <strong>Council</strong><br />
Meeting.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
<strong>12</strong>.03 BLACKMANS POINT ROAD - CHANGE TO PERMANENT SPEED LIMIT<br />
RESOLVED: Turner/Hawkins<br />
That <strong>Council</strong> note the authorisation issued by the Roads & Maritime Services for a<br />
reduction of the existing 100kmh speed zone in Blackmans Point Road to 80kmh.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 19
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
<strong>12</strong>.04 PARKING STRATEGY - PARKING TIME LIMITS PORT MACQUARIE<br />
TOWN CENTRE<br />
MOTION<br />
MOVED: Turner/Hawkins<br />
1. That a trial of two (2) hr parking commence in the following locations in the Port<br />
Macquarie CBD:<br />
i. Hay Street from Sunset Parade to Clarence Street<br />
ii. Clarence St from Short to Horton<br />
iii. Short from Clarence St to Barracks Lane<br />
2. That this trial commence as soon as possible in time for the Christmas<br />
shopping period.<br />
3. That the trial be reviewed as part of the overall parking strategy review within<br />
the next six (6) months.<br />
AMENDMENT<br />
MOVED: Sargeant/Griffiths<br />
That a trial of two (2) hr parking commence in the following locations in the Port<br />
Macquarie CBD:<br />
i) Hay Street from Sunset Parade to Clarence Street<br />
ii) Clarence St from Short to Horton<br />
iii) Short from Clarence St to Barracks Lane<br />
iv) Horton Street from Hayward Street to William Street<br />
3. That this trial commence as soon as possible in time for the Christmas shopping<br />
period.<br />
4. That the trial be reviewed as part of the overall parking strategy review within the<br />
next six (6) months.<br />
CARRIED: 7/2<br />
FOR: Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts<br />
AGAINST: Besseling and Intemann<br />
RESOLVED: Sargeant/Griffiths<br />
That a trial of two (2) hr parking commence in the following locations in the Port<br />
Macquarie CBD:<br />
i) Hay Street from Sunset Parade to Clarence Street<br />
ii) Clarence St from Short to Horton<br />
iii) Short from Clarence St to Barracks Lane<br />
iv) Horton Street from Hayward Street to William Street<br />
5. That this trial commence as soon as possible in time for the Christmas shopping<br />
period.<br />
6. That the trial be reviewed as part of the overall parking strategy review within the<br />
next six (6) months.<br />
CARRIED: 8/1<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts<br />
AGAINST: Intemann<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 20
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
<strong>12</strong>.05 CLASSIFICATION OF LAND AT KENDALL (PIN 31769)<br />
RESOLVED: Levido/Sargeant<br />
That <strong>Council</strong> classify Lot 2 Section B DP7734 (River Street, Kendall) as Operational<br />
Land.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
13 QUESTIONS FOR NEXT MEETING<br />
13.01 TERTIARY EDUCATION PLANNING<br />
Question from <strong>Council</strong>lor Sargeant:<br />
Could the General Manager please advise <strong>Council</strong> by the <strong>December</strong> 20<strong>12</strong> <strong>Council</strong><br />
Meeting as to what plans it has to resume co-ordination of the strategic planning for<br />
tertiary education in this region so as to ensure the individual efforts of Charles Sturt<br />
University, Newcastle University and University of <strong>NSW</strong>, in association with North<br />
Coast Institute of TAFE are co-ordinated and at all times compatible with the<br />
economic and social needs of the area?<br />
Comments by <strong>Council</strong>lor (if provided):<br />
The most successful regional university campuses are those that are closely<br />
integrated into their local economy. During the early 2000's in Port Macquarie there<br />
was a tendency for universities to offer only the easiest to fill courses such as<br />
nursing. This led to duplication of offering and was not in this area's best interests.<br />
While their has been encouraging development of tertiary education recently,<br />
<strong>Council</strong>, as the representative of this community, needs to take a strong interest in<br />
ensuring ongoing development opportunities for this economy are maximised.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 21
MINUTES<br />
Ordinary <strong>Council</strong> Meeting<br />
14/11/20<strong>12</strong><br />
13.02 BUILDING BETTER REGIONAL CITIES PROGRAM AND<br />
HOUSING AFFORDABILITY SCHEME (HARS)<br />
Question from <strong>Council</strong>lor Sargeant:<br />
Could the General Manager advise by the <strong>December</strong> <strong>Council</strong> Meeting if not<br />
beforehand, as to:<br />
1. The criteria determining eligibility to HARS , including retrospectivity and;<br />
2. When will this criteria, together with an application form, be made available to<br />
the public and promoted on the website and other ways.<br />
Comments by <strong>Council</strong>lor (if provided):<br />
<strong>Council</strong> has previously sought and received funding for the above programs to assist<br />
with upgrade of Innes Ruins Way and to provide housing subsidy to purchasers who<br />
meet certain criteria. In addition <strong>Council</strong> considered this to be an excellent way to<br />
stimulate the depressed local building industry. While the success of <strong>Council</strong>'s<br />
application became public on 6th July, <strong>Council</strong> does not appear to have been in a<br />
position to respond to questions regarding eligibility and a timeframe resulting in<br />
some lost opportunity.<br />
13.03 CAMPING AT SHOWGROUNDS POLICY<br />
Question from <strong>Council</strong>lor Turner:<br />
Could the relevant Director provide a policy in regard to camping at Showgrounds, in<br />
relation to the previous motion at this meeting.<br />
Response:<br />
The Director of Development and Environment Services advised that a policy<br />
position is not required given the requirements for camping grounds is spelt out in<br />
detail by legislation.<br />
The meeting closed at 8.33pm.<br />
………………………………………..<br />
Peter Besseling<br />
Mayor<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 22
MINUTES<br />
Extra-Ordinary <strong>Council</strong> Meeting<br />
28/11/20<strong>12</strong><br />
PRESENT<br />
Members:<br />
<strong>Council</strong>lor Peter Besseling (Mayor)<br />
<strong>Council</strong>lor Rob Turner<br />
<strong>Council</strong>lor Adam Roberts<br />
<strong>Council</strong>lor Lisa Intemann<br />
<strong>Council</strong>lor Justin Levido<br />
<strong>Council</strong>lor Geoff Hawkins<br />
<strong>Council</strong>lor Trevor Sargeant (joined the meeting at 5.18pm)<br />
<strong>Council</strong>lor Michael Cusato<br />
<strong>Council</strong>lor Sharon Griffiths<br />
Other Attendees:<br />
Tony Hayward (General Manager)<br />
Jeffery Sharp (Director of Infrastructure Services)<br />
Craig Swift-McNair (Director of Corporate & Business Services)<br />
Matt Rogers (Director of Development & Environment Services)<br />
Lesley Atkinson (Director of Community & Cultural Development)<br />
Stewart Todd (Group Manager Governance & Executive Services)<br />
Lyndal Harper (Acting Communications Manager)<br />
Bronwyn Lyon (Governance Support Officer)<br />
Sue Pollard (Statutory Reporting Officer)<br />
The meeting opened at 5.00pm.<br />
01 ACKNOWLEDGEMENT OF COUNTRY<br />
The Mayor opened the Meeting with an Acknowledgement of Country and welcomed<br />
all in attendance in the Chamber.<br />
02 APOLOGIES<br />
There were no apologies.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 23
MINUTES<br />
Extra-Ordinary <strong>Council</strong> Meeting<br />
28/11/20<strong>12</strong><br />
03 DISCLOSURES OF INTEREST<br />
There were no disclosures of interest presented.<br />
REQUEST TO SPEAK ON AN AGENDA ITEM<br />
The Mayor advised of requests to speak on an agenda item for Item 08.01 from:<br />
1. Brian Tierney (S)<br />
2. Jeff Gillespie (O)<br />
3. Brian Buckett (O)<br />
4. Tony Thorne (S)<br />
RESOLVED: Intemann/Hawkins<br />
That the above requests to speak be permitted.<br />
08.01 KOOLOONBUNG CREEK PEDESTRIAN BRIDGE<br />
Brian Tierney, representing the external, non-<strong>Council</strong> Town Centre Masterplan Sub-<br />
Committee members, addressed <strong>Council</strong> endorsing Option 3 and answered<br />
questions from <strong>Council</strong>lors.<br />
Jeff Gillespie, representing the Town Centre Masterplan Sub-Committee, withdrew<br />
his request to address <strong>Council</strong>.<br />
Tony Thorne, representing the Port Macquarie Chamber of Commerce, addressed<br />
<strong>Council</strong> endorsing Option 3 and answered questions from <strong>Council</strong>lors.<br />
<strong>Council</strong>lor Sargeant joined the meeting, the time being 5.18pm.<br />
Brian Buckett, representing the <strong>Hastings</strong> Combined Seniors and Foreshore<br />
Protection Association, addressed <strong>Council</strong> endorsing Option 3 and answered<br />
questions from <strong>Council</strong>lors.<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 24
MINUTES<br />
Extra-Ordinary <strong>Council</strong> Meeting<br />
28/11/20<strong>12</strong><br />
RESOLVED: Turner/Levido<br />
That <strong>Council</strong>:<br />
Invite tenders for the design and construction of a 2.5m wide pedestrian bridge<br />
across Kooloonbung Creek parallel to and approximately 5m downstream (ie<br />
north of) the existing Buller Street traffic bridge. The pedestrian bridge to be a<br />
single span cable stay structure as per Option 3.<br />
Negotiate with Essential Energy to achieve relocation of the existing 11KV overhead<br />
powerline crossing of Kooloonbung Creek in the vicinity of the bridge and<br />
endorse provision of Town Centre Masterplan funds to underwrite the<br />
associated design and construction costs.<br />
In reference to the funding agreement between the Commonwealth of Australia and<br />
the Port Macquarie-<strong>Hastings</strong> <strong>Council</strong>, dated 19 June 20<strong>12</strong>, allocate $600,000<br />
of the $1 million grant to the costs of the bridge.<br />
Undertake a Level 2 inspection of the Buller Street traffic bridge.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
08.02 DRAFT TOWN BEACH CONCEPT PLAN<br />
The Mayor tabled a document titled “Town Beach Kiosk and Amenity Block, Fixed<br />
Exercise Equipment and Foreshore Improvement Community Participation Plan”.<br />
RESOLVED: Sargeant/Intemann<br />
That <strong>Council</strong>:<br />
1. Endorse the draft Town Beach Concept Plan for exhibition purposes.<br />
2. Place the draft plans on public exhibition from 7 <strong>December</strong> 20<strong>12</strong> to 25<br />
January 2013.<br />
3. Receive a report at the February Ordinary <strong>Council</strong> meeting regarding<br />
community feedback received during the public exhibition period.<br />
CARRIED: 8/1<br />
FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner and<br />
Roberts<br />
AGAINST: Cusato<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 25
MINUTES<br />
Extra-Ordinary <strong>Council</strong> Meeting<br />
28/11/20<strong>12</strong><br />
08.03 LOCAL INFRASTRUCTURE RENEWAL SCHEME - FUNDING<br />
AGREEMENT FOR STINGRAY CREEK BRIDGE REPLACEMENT<br />
RESOLVED: Griffiths/Hawkins<br />
That <strong>Council</strong> execute the Local Infrastructure Renewal Scheme Funding Agreement<br />
for the Stingray Creek Bridge Replacement.<br />
CARRIED: 9/0<br />
FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner<br />
and Roberts<br />
AGAINST: Nil<br />
The meeting closed at 5.38pm.<br />
………………………………………..<br />
Peter Besseling<br />
Mayor<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> Page 26
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 05<br />
Subject: DISCLOSURES OF INTEREST<br />
RECOMMENDATION<br />
That Disclosures of Interest be presented<br />
DISCLOSURE OF INTEREST DECLARATION<br />
Name of Meeting:<br />
Meeting Date:<br />
Item Number:<br />
Subject:<br />
………………………………………………………………………..<br />
………………………………………………………………………..<br />
………………………………………………………………………..<br />
………………………………………………………………………..<br />
…………………………………………………….……………...…..<br />
I, ..................................................................................... declare the following interest:<br />
Pecuniary:<br />
Take no part in the consideration and voting and be out of sight of the<br />
meeting.<br />
Non-Pecuniary - Significant Conflict:<br />
Take no part in the consideration and voting and be out of sight of the<br />
meeting.<br />
Non-Pecuniary - Insignificant Conflict:<br />
May participate in consideration and voting.<br />
For the reason that: ....................................................................................................<br />
.......................................................................................................................................<br />
Signed: ......................................................................... Date: ..................................<br />
(definitions are provided on the next page)<br />
Item 05<br />
Page 27
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Definitions<br />
(Local <strong>Government</strong> Act and Code of Conduct)<br />
Pecuniary<br />
An interest that a person has in a matter because of a reasonable likelihood or<br />
expectation or appreciable financial gain or loss to the person or another person with<br />
whom the person is associated. (LG Act s442 and s443).<br />
A <strong>Council</strong>lor or member of a <strong>Council</strong> Committee who is present at a meeting and has<br />
a pecuniary interest in any matter which is being considered must disclose the nature<br />
of that interest to the meeting as soon as practicable.<br />
The <strong>Council</strong>lor or member of a <strong>Council</strong> Committee must not take part in the<br />
consideration and voting on the matter and be out of sight of the meeting. (LG Act<br />
s451)<br />
Non-Pecuniary<br />
An interest that is private or personal that the <strong>Council</strong>lor or member of a <strong>Council</strong><br />
Committee has that does not amount to a pecuniary interest as defined in the LG Act.<br />
If you have declared a non-pecuniary interest you have a number of options for<br />
managing the conflict. The option you choose will depend on an assessment of the<br />
circumstances of the matter, the nature and significance of your interest. You must<br />
deal with a non-pecuniary interest in one of the following ways.<br />
Non Pecuniary – Significant Interest<br />
(For example; family, a close friendship, membership of an association, sporting club,<br />
corporation, society or trade union).<br />
• Have no involvement by absenting yourself from and not taking part in any<br />
consideration or voting on the issue as if the provisions in the LG Act s451(2)<br />
apply.<br />
• A future alternative is to remove the source of the conflict (for example,<br />
relinquishing or divesting the personal interest that creates the conflict or<br />
reallocating the conflicting duties to another officer).<br />
Non Pecuniary – Less than Significant Interest<br />
• It may be appropriate that no action is taken. However, you must provide an<br />
explanation of why you consider that the conflict does not require further<br />
action.<br />
Item 05<br />
Page 28
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION<br />
By<br />
[insert full name of councillor]<br />
In the matter of<br />
[insert name of environmental<br />
planning instrument]<br />
Which is to be considered<br />
at a meeting of the<br />
[insert name of meeting]<br />
Held on<br />
[insert date of meeting]<br />
PECUNIARY INTEREST<br />
Address of land in which councillor or an<br />
associated person, company or body has a<br />
proprietary interest (the identified land) i<br />
Relationship of identified land to councillor<br />
[Tick or cross one box.]<br />
<strong>Council</strong>lor has interest in the land (e.g. is<br />
owner or has other interest arising out of a<br />
mortgage, lease trust, option or contract, or<br />
otherwise).<br />
MATTER GIVING RISE TO PECUNIARY INTEREST ii<br />
Associated person of councillor has<br />
interest in the land.<br />
Associated company or body of councillor<br />
has interest in the land.<br />
Nature of land that is subject to a change<br />
in zone/planning control by proposed<br />
LEP (the subject land iii<br />
[Tick or cross one box]<br />
Current zone/planning control<br />
[Insert name of current planning instrument<br />
and identify relevant zone/planning control<br />
applying to the subject land]<br />
Proposed change of zone/planning control<br />
[Insert name of proposed LEP and identify<br />
proposed change of zone/planning control<br />
applying to the subject land]<br />
Effect of proposed change of zone/planning<br />
control on councillor<br />
[Tick or cross one box]<br />
The identified land.<br />
Land that adjoins or is adjacent to or is in<br />
proximity to the identified land.<br />
Appreciable financial gain.<br />
Appreciable financial loss.<br />
<strong>Council</strong>lor’s Signature: ………………………………. Date: ………………..<br />
Item 05<br />
Page 29
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Important Information<br />
This information is being collected for the purpose of making a special disclosure of<br />
pecuniary interests under sections 451 (4) and (5) of the Local <strong>Government</strong> Act<br />
1993. You must not make a special disclosure that you know or ought reasonably to<br />
know is false or misleading in a material particular. Complaints made about<br />
contraventions of these requirements may be referred by the Director-General to the<br />
Local <strong>Government</strong> Pecuniary Interest and Disciplinary Tribunal.<br />
This form must be completed by you before the commencement of the council or<br />
council committee meeting in respect of which the special disclosure is being made.<br />
The completed form must be tabled at the meeting. Everyone is entitled to inspect it.<br />
The special disclosure must be recorded in the minutes of the meeting.<br />
i. Section 443 (1) of the Local <strong>Government</strong> Act 1993 provides that you may have a pecuniary interest in a matter<br />
because of the pecuniary interest of your spouse or your de facto partner or your relative iv or because your business<br />
partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your<br />
nominee, your business partner or your employer is a member of a company or other body that has a pecuniary<br />
interest in the matter.<br />
ii. Section 442 of the Local <strong>Government</strong> Act 1993 provides that a pecuniary interest is an interest that a person has<br />
in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A<br />
person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not<br />
reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the<br />
interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or<br />
person liable to pay a charge).<br />
iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in<br />
proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the<br />
Local <strong>Government</strong> Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local <strong>Government</strong> Act 1993.<br />
iv. Relative is defined by the Local <strong>Government</strong> Act 1993 as meaning your, your spouse’s or your de facto partner’s<br />
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or<br />
de facto partner of any of those persons.<br />
Item 05<br />
Page 30
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 06<br />
Subject: PUBLIC FORUM<br />
Residents are able to address <strong>Council</strong> in the Public Forum of the Ordinary <strong>Council</strong><br />
Meeting on any <strong>Council</strong>-related matter not listed on the agenda.<br />
A maximum of eight speakers can address any one <strong>Council</strong> Meeting Public Forum<br />
and each speaker will be given a maximum of five minutes to address <strong>Council</strong>.<br />
<strong>Council</strong> may wish to ask questions following an address, but a speaker cannot ask<br />
questions of <strong>Council</strong>.<br />
Once an address in the Public Forum has been completed, the speaker is free to<br />
leave the chambers quietly.<br />
If you wish to address <strong>Council</strong> in the Public Forum, you must apply to address that<br />
meeting no later than 4.30pm on the day prior to the meeting by completing the<br />
'Request to Speak in Public Forum at Ordinary <strong>Council</strong> Meeting Form'. This form is<br />
available at <strong>Council</strong>'s offices or online at www.pmhc.nsw.gov.au.<br />
Item 06<br />
Page 31
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 07.01<br />
Subject:<br />
MAYORAL MINUTE - MAYORAL DISCRETIONARY FUND<br />
ALLOCATIONS<br />
Mayor, Peter Besseling<br />
RECOMMENDATION<br />
That the Mayoral Discretionary Fund allocations for the period 30 October<br />
20<strong>12</strong> to 30 November 20<strong>12</strong> be noted.<br />
Discussion<br />
Listed below are the Mayoral Discretionary Fund allocations for the period 30<br />
October 20<strong>12</strong> to 30 November 20<strong>12</strong>.<br />
Mayoral Discretionary Fund<br />
The total commitments from the (Administrator) Mayoral Discretionary Fund from 30<br />
October 20<strong>12</strong> to 30 November 20<strong>12</strong> is $1,304.55.<br />
This includes the following:<br />
“Bling for the Girls” Fundraiser $<strong>12</strong>0.00<br />
Remembrance Day Wreath $54.55<br />
Civic Reception - Planning Institute of Australia <strong>NSW</strong> Conference $1,000.00<br />
Mayor’s Sporting Fund Golf Day $130.00<br />
-------------<br />
$1,304.55<br />
-------------<br />
Attachments<br />
Nil<br />
Item 07.01<br />
Page 32
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
What are we trying to achieve?<br />
A collaborative community that works together and recognises opportunities for<br />
community participation in decision making that is defined as ethically, socially and<br />
environmentally responsible.<br />
What will the result be?<br />
<br />
<br />
<br />
<br />
<br />
A community that has the opportunity to be involved in decision making.<br />
Open, easy, meaningful, regular and diverse communication between the<br />
community and decision makers.<br />
Partnerships and collaborative projects, that meet the community’s<br />
expectations needs and challenges.<br />
Knowledgeable, skilled and connected community leaders.<br />
Strong corporate management that is transparent.<br />
How do we get there?<br />
1.1 Engage the community in decision making by using varied communication<br />
channels that are relevant to residents.<br />
1.2 Create professional development opportunities and networks to support<br />
future community leaders.<br />
1.3 Create strong partnerships between all levels of government and their<br />
agencies so that they are effective advocates for the community.<br />
1.4 Demonstrate conscientious and receptive civic leadership.<br />
1.5 Implement innovative, fact based business practices.<br />
Page 33
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.01<br />
Subject:<br />
CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL<br />
MEETING<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.4.1 Comply with Local <strong>Government</strong> legislation, policies and agreed standards and<br />
communicate the impacts of this to the community.<br />
RECOMMENDATION<br />
That <strong>Council</strong> determine that the attachments to Item numbers 08.09, 08.11,<br />
08.<strong>12</strong>, 08.13, 08.14, 08.15, 09.01, <strong>12</strong>.10 be considered as confidential, in<br />
accordance with Section 11(3) of the Local <strong>Government</strong> Act.<br />
Discussion<br />
The following confidential attachment has been submitted to the Ordinary <strong>Council</strong><br />
Meeting.<br />
Item No.: 08.09<br />
Subject:<br />
Glasshouse Finances<br />
Attachment Description: Jones Lange LaSalle - valuation report April 2008<br />
Confidential Reason: Contains information that would, if disclosed, confer a<br />
commercial advantage on a competitor of the <strong>Council</strong><br />
(Local <strong>Government</strong> Act 1993 – Section 10A (2) (d) (ii).<br />
Item No.: 09.01<br />
Subject:<br />
Annual Reporting of Contracts for Senior Staff<br />
Attachment Description: 20<strong>12</strong> Senior Staff Contractual Arrangements<br />
Confidential Reason: Contains information that relates to personnel matters<br />
concerning particular individuals (other than<br />
<strong>Council</strong>lors). Local <strong>Government</strong> Act 1993 – Section<br />
10A(2)(a).<br />
Item No.: 08.11<br />
Subject:<br />
Tender T-<strong>12</strong>-19 Flood Mitigation Channel – Belah Road<br />
Attachment Description: T-<strong>12</strong>-19 Evaluation & Pricing Analysis<br />
Confidential Reason: Confer a commercial advantage on a person with whom<br />
the <strong>Council</strong> is conducting (or proposes to conduct)<br />
business. Local <strong>Government</strong> Act 1993 – Section<br />
10A(2(c)).<br />
Item 08.01<br />
Page 34
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item No.: 08.<strong>12</strong><br />
Subject:<br />
Tender T-<strong>12</strong>-20 Supply & Delivery of Burial Plaques<br />
Attachment Description: T-<strong>12</strong>-20 Evaluation & Pricing Analysis<br />
Confidential Reason: Confer a commercial advantage on a person with whom<br />
the <strong>Council</strong> is conducting (or proposes to conduct)<br />
business. Local <strong>Government</strong> Act 1993 – Section<br />
10A(2(c)).<br />
Item No.: 08.13<br />
Subject:<br />
Tender T-<strong>12</strong>-21 Purchase of Two (2) Motor Graders<br />
Attachment Description: T-<strong>12</strong>-21 Evaluation & Pricing Analysis<br />
Confidential Reason: Confer a commercial advantage on a person with whom<br />
the <strong>Council</strong> is conducting (or proposes to conduct)<br />
business. Local <strong>Government</strong> Act 1993 – Section<br />
10A(2(c)).<br />
Item No.: 08.14<br />
Subject:<br />
Tender T-<strong>12</strong>-24 Purchase of One (1) Landfill Compactor<br />
Attachment Description: T-<strong>12</strong>-24 Evaluation & Pricing Analysis<br />
Confidential Reason: Confer a commercial advantage on a person with whom<br />
the <strong>Council</strong> is conducting (or proposes to conduct)<br />
business. Local <strong>Government</strong> Act 1993 – Section<br />
10A(2(c)).<br />
Item No.: 08.15<br />
Subject:<br />
Tender T-<strong>12</strong>-25 Supply & Delivery of one (1) Elevated<br />
Work Platform (EWP)<br />
Attachment Description: T-<strong>12</strong>-24 Evaluation & Pricing Analysis<br />
Confidential Reason: Confer a commercial advantage on a person with whom<br />
the <strong>Council</strong> is conducting (or proposes to conduct)<br />
business. Local <strong>Government</strong> Act 1993 – Section<br />
10A(2(c)).<br />
Item No.: <strong>12</strong>.10<br />
Subject: Building Better Regional Cities Grants Program –<br />
Affordable Housing Incentive Scheme Arrangements<br />
Attachment Description: Ethan Affordable Housing Incentive Scheme Proposal<br />
November 20<strong>12</strong><br />
Confidential Reason: Relates to commercial information of a confidential<br />
nature that would, if disclosed, prejudice the commercial<br />
position of the person who supplied it. (Local<br />
<strong>Government</strong> Act 1993 – Section 10A(2)(d)(i)).<br />
Attachments<br />
Nil<br />
Item 08.01<br />
Page 35
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.02<br />
Subject:<br />
DECEMBER 20<strong>12</strong> STATUS OF OUTSTANDING REPORTS TO<br />
COUNCIL<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.4.1 Comply with Local <strong>Government</strong> legislation, policies and agreed standards and<br />
communicate the impacts of this to the community.<br />
RECOMMENDATION<br />
That the information in the <strong>December</strong> 20<strong>12</strong> Status of Outstanding Reports to<br />
<strong>Council</strong> be noted.<br />
Discussion<br />
Report Status Reporting<br />
Officer<br />
Wall Reserve, North Haven -<br />
Management of Parkland<br />
(Item 13 - ORD 26/08/09<br />
Rotary Park traffic issues<br />
community consultation results<br />
(Item 11 - ORD 24/11/10)<br />
Kooloonbung Creek – Relocation<br />
of Flying Foxes<br />
(Item 08.16 ORD 27/06/<strong>12</strong>)<br />
Evaluation of <strong>Council</strong>’s<br />
Regulatory Functions<br />
(Item 08.22 ORD 10/10/<strong>12</strong>)<br />
Local <strong>Government</strong> Funding<br />
(Item 08.23 ORD 10/10/<strong>12</strong>)<br />
<strong>Council</strong>’s Listening to the<br />
Community Policy<br />
(Item 08.24 – ORD 10/10/<strong>12</strong>)<br />
Glasshouse Finances<br />
(Item 09.03 ORD 10/10/<strong>12</strong>)<br />
Road Design and Construction<br />
Processes<br />
(Item <strong>12</strong>.04 – ORD 10/10/<strong>12</strong>)<br />
Small Town Sewerage Scheme<br />
(Item <strong>12</strong>.05 – ORD 10/10/<strong>12</strong>)<br />
Webcastings of <strong>Council</strong> Meetings<br />
(Item 08.04 – ORD 14/11/<strong>12</strong>)<br />
LPMA updating cadastre for<br />
reserve lots and <strong>Council</strong> still<br />
awaiting advice.<br />
Subject to completion of<br />
current works being<br />
undertaken and future<br />
funding.<br />
Current<br />
Anticipated<br />
Date for<br />
Report<br />
INFRA Dec 20<strong>12</strong><br />
INFRA 1 st half 2013<br />
DES Jun 2013<br />
DES Feb 2013<br />
DCBS Feb 2013<br />
EXEC Mar 2013<br />
DCBS Dec 20<strong>12</strong><br />
DIS Dec 20<strong>12</strong><br />
DIS Dec 20<strong>12</strong><br />
EXEC Feb 2013<br />
Item 08.02<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
<strong>Council</strong> Land at Burgess<br />
Close/Ocean Drive<br />
(Item 09.05 – ORD 14/11/<strong>12</strong>)<br />
Wauchope Heavy Vehicle<br />
Deviation Status Report<br />
(Item <strong>12</strong>.02 – ORD 14/11/<strong>12</strong>)<br />
DIS ????<br />
DIS Feb 2013<br />
Attachments<br />
Nil<br />
Item 08.02<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.03<br />
Subject:<br />
DISCLOSURE OF INTEREST RETURN - COUNCILLORS<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.4.1 Comply with Local <strong>Government</strong> legislation, policies and agreed standards and<br />
communicate the impacts of this to the community.<br />
RECOMMENDATION<br />
That the Disclosure of Interest returns for the Mayor and all <strong>Council</strong>lors be<br />
noted.<br />
Executive Summary<br />
This report informs <strong>Council</strong> of the lodgement of the returns disclosing the interests of<br />
all <strong>Council</strong>lors which are required under Section 444 of the Local <strong>Government</strong> Act<br />
1993.<br />
Discussion<br />
Section 444 of the Local <strong>Government</strong> Act 1993, requires <strong>Council</strong>lors to prepare and<br />
submit written returns of interests in accordance with Section 449.<br />
Section 450A(1) requires the General Manager to keep a Register of Returns and<br />
Section 450A(2) requires the General Manager to table the Returns at the first<br />
<strong>Council</strong> meeting held after the last date for lodgement.<br />
The Returns are then held in the Governance and Executive Services section of<br />
<strong>Council</strong> and, as required by Section 6 of the <strong>Government</strong> Information (Public Access)<br />
Act 2009, are available for public inspection, by appointment<br />
The Returns for the <strong>Council</strong>lors will be tabled at this meeting.<br />
Options<br />
Nil. Lodgement of a Return by <strong>Council</strong>lors is a requirement under Section 444 of the<br />
Local <strong>Government</strong> Act.<br />
Consultation/Submissions<br />
<br />
<br />
<br />
Group Manager Governance & Executive Services<br />
General Manager<br />
Mayor and all <strong>Council</strong>lors<br />
Item 08.03<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Planning & Policy Implications<br />
Nil.<br />
Financial & Economic Implications<br />
Nil.<br />
Attachments<br />
Nil<br />
Item 08.03<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.04<br />
Subject:<br />
DISCLOSURE OF INTEREST RETURN - BUILDING SURVEYOR<br />
COMPLIANCE<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.4.1 Comply with Local <strong>Government</strong> legislation, policies and agreed standards and<br />
communicate the impacts of this to the community.<br />
RECOMMENDATION<br />
That the Disclosure of Interest return for Building Surveyor Compliance be<br />
noted.<br />
Executive Summary<br />
This report informs <strong>Council</strong> of the lodgement of a return disclosing the interests of a<br />
designated person which are required under Section 445 of the Local <strong>Government</strong><br />
Act 1993.<br />
Discussion<br />
Section 445 of the Local <strong>Government</strong> Act 1993, requires Designated Persons to<br />
prepare and submit written returns of interests in accordance with Section 449.<br />
The position of Building Surveyor Compliance is a designated person under the Local<br />
<strong>Government</strong> Act.<br />
Section 450A(1) requires the General Manager to keep a Register of Returns and<br />
Section 450A(2) requires the General Manager to table the Returns at the first<br />
<strong>Council</strong> meeting held after the last date for lodgement.<br />
The Returns are then held in the Governance and Executive Services section of<br />
<strong>Council</strong> and, as required by Section 6 of the <strong>Government</strong> Information (Public Access)<br />
Act 2009, are available for public inspection, by appointment.<br />
The Return for the position of Building Surveyor Compliance will be tabled at this<br />
meeting.<br />
Options<br />
Nil. Lodgement of a Return by a Designated Person is a requirement under Section<br />
445 of the Local <strong>Government</strong> Act.<br />
Item 08.04<br />
Page 40
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Consultation/Submissions<br />
Group Manager Governance & Executive Services<br />
General Manager<br />
Building Surveyor Compliance<br />
Planning & Policy Implications<br />
Nil.<br />
Financial & Economic Implications<br />
Nil.<br />
Attachments<br />
Nil<br />
Item 08.04<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Item: 08.05<br />
Subject:<br />
ESTABLISHMENT OF COUNCILLOR MEMBERSHIP TO<br />
COMMITTEES AND BOARDS<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.1.1 Use a variety of tools to engage with the community in a manner that is<br />
representative, transparent and reflected in decision making.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Appoint appropriate <strong>Council</strong>lor Representation to the currently<br />
established committees as follows:<br />
Committee<br />
<strong>Council</strong>lor Representation<br />
Audit Committee<br />
1 <strong>Council</strong>lor (Not Mayor)<br />
Australia Day Sub-Committee Mayor<br />
1 <strong>Council</strong>lor<br />
Development Assessment Panel<br />
Local Traffic Committee /<br />
Local Development Committee<br />
(Traffic)<br />
Mid North Coast Weeds Advisory<br />
Committee<br />
Port Macquarie-<strong>Hastings</strong> Sporting<br />
Fund Sub-Committee<br />
(Mayor’s Sporting Fund)<br />
Port Macquarie-Handa Sister City<br />
Sub-Committee<br />
Aboriginal Advisory Committee<br />
(currently suspended)<br />
Arts & Cultural Development<br />
Committee<br />
Crime Prevention Committee<br />
<strong>Hastings</strong> Access Sub-Committee<br />
Heritage & Museums Sub-Committee<br />
Port Macquarie-<strong>Hastings</strong> Youth<br />
Advisory Committee<br />
Regional Gallery Advisory Board<br />
Port Macquarie-<strong>Hastings</strong> LGA Coast<br />
& Estuaries Sub-Committee<br />
No <strong>Council</strong>lor representation<br />
Mayor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
Mayor<br />
Mayor<br />
1 <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
Mayor<br />
1 <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
2 <strong>Council</strong>lors<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
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<strong>Hastings</strong> Bush Fire Management<br />
Committee<br />
Port Macquarie-<strong>Hastings</strong> LGA<br />
Floodplain Sub-Committee<br />
Town Centre Master Plan Sub-<br />
Committee<br />
Port Macquarie-<strong>Hastings</strong> Local<br />
emergency Management Sub-<br />
Committee<br />
Water Supply Steering Committee<br />
Sewerage Steering Committee<br />
Section 355 Management Sub-<br />
Committees<br />
No <strong>Council</strong>lor representation<br />
2 <strong>Council</strong>lors<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
No <strong>Council</strong>lor representation<br />
No <strong>Council</strong>lor representation<br />
No <strong>Council</strong>lor representation<br />
No <strong>Council</strong>lor representation<br />
2. Appoint appropriate <strong>Council</strong>lor Representation to the following boards<br />
as follows:<br />
Board<br />
<strong>Council</strong>lor Representation<br />
Greater Port Macquarie Tourism 1 <strong>Council</strong>lor<br />
Association Inc.<br />
Alternate <strong>Council</strong>lor<br />
Arts Mid North Coast<br />
1 <strong>Council</strong>lor<br />
Alternate <strong>Council</strong>lor<br />
3. Rename the ‘Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee’ to<br />
the ‘Mayor’s Sporting Fund Sub-Committee’.<br />
Executive Summary<br />
<strong>Council</strong>’s currently established committees do not have any <strong>Council</strong>lors as part of<br />
their membership. It is proposed to appoint a <strong>Council</strong>lor or a number of <strong>Council</strong>lors to<br />
the existing committees.<br />
In addition to establishing <strong>Council</strong>lor membership to existing committees it is<br />
proposed to appoint appropriate <strong>Council</strong>lor representation to a number of local and<br />
regional boards.<br />
Discussion<br />
<strong>Council</strong> has a number of established Sub-Committees and special purpose<br />
committees. Due to the recent period of administration these committees currently do<br />
not have any <strong>Council</strong>lors as part of their membership.<br />
It is proposed to appoint a <strong>Council</strong>lor or number of <strong>Council</strong>lors to the existing<br />
committees. Where appropriate a <strong>Council</strong>lor, who is appointed to the membership of<br />
a committee, will assume chairpersonship of that committee.<br />
<strong>Council</strong>’s current committees include:<br />
Item 08.05<br />
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Special Purpose Committee<br />
Audit Committee<br />
Function:<br />
The objective of the Audit Committee is to provide independent<br />
assurance and assistance to the Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> on<br />
risk management, control, governance, and external accountability<br />
responsibilities.<br />
Membership: Mr Grahame Marchant (Chairperson - Independent Representative)<br />
Ms Peri Sirovica (Independent Representative)<br />
Mr Gary Mottau (Independent Representative)<br />
Mr Stephen O’Rourke (Independent Representative)<br />
Vacant (Independent Representative)<br />
General Manager (Non Voting)<br />
Group Manager Governance & Executive Services (Non Voting)<br />
Group Manager Financial Services (Non Voting)<br />
Under the Internal Audit Guidelines released (September 2010) by the Division of<br />
Local <strong>Government</strong>, with regards to an Audit Committee:<br />
The Chairperson should be an independent member.<br />
For small councils it is suggested that one (1) <strong>Council</strong>lor, not being the Mayor,<br />
be appointed.<br />
For larger councils it is suggested that one (1) or two (2) <strong>Council</strong>lors, not<br />
being the Mayor, be appointed.<br />
Sub-Committee(s)<br />
Australia Day Sub-Committee<br />
Function:<br />
1. To stimulate a public awareness and recognition of Australia Day.<br />
2. To receive and consider nominations for Australia Day Awards and determine<br />
recipients of such Awards.<br />
Membership: Wauchope Rotary/Lions Club Representative(s)<br />
Tacking Point Lions Club Representative(s)<br />
Richard Gander (Community Representative)<br />
Vacant (Community Representative)<br />
Vacant (Community Representative)<br />
Group Manager Governance & Executive Services (Staff)<br />
Corporate Events Coordinator (Staff - current Chairperson in lieu of<br />
Mayor)<br />
It is proposed to appoint the Mayor and an additional <strong>Council</strong>lor Representative to<br />
the Australia Day Sub-Committee.<br />
Item 08.05<br />
Page 44
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Development Assessment Panel<br />
Function:<br />
1. To review development application reports and conditions.<br />
2. To determine development applications outside of staff delegations.<br />
3. To refer development applications to <strong>Council</strong> for determination where<br />
necessary.<br />
4. To provide a forum for objectors and applicants to make submissions on<br />
applications before DAP.<br />
5. To maintain transparency for the determination of development applications.<br />
Membership: Independent Chairperson<br />
Group Manager Development Assessment (Staff)<br />
Building Surveying Coordinator (Staff)<br />
Group Manager Technical Services (Staff)<br />
It is proposed to not appoint any <strong>Council</strong>lor representation to the Development<br />
Assessment Panel.<br />
Local Traffic Committee / Local Development Committee<br />
Function:<br />
To advise <strong>Council</strong> on traffic control matters that have been referred to<br />
<strong>Council</strong>.<br />
Membership: Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> (Voting)<br />
Roads & Maritime Services (Voting)<br />
<strong>NSW</strong> Police (Voting)<br />
Local Member for Port Macquarie (Voting)<br />
Local Member for Oxley (Voting)<br />
Road Safety Officer (Non Voting Advisors)<br />
Ministry of Transport (Non Voting Advisors)<br />
<strong>NSW</strong> Fire Brigade (Non Voting Advisors)<br />
<strong>NSW</strong> Ambulance Service (Non Voting Advisors)<br />
Transport Workers Union (Non Voting Advisors)<br />
Chambers of Commerce (Non Voting Advisors)<br />
It is proposed to appoint the Mayor as the <strong>Council</strong>lor Representative to both the<br />
Local Traffic Committee and the Local Development Committee.<br />
Mid North Coast Weeds Advisory Committee<br />
Function:<br />
To coordinate the control of noxious weeds on the Mid North Coast<br />
LGAs<br />
Membership: State Agencies<br />
<strong>Council</strong>lors<br />
Local <strong>Government</strong> staff<br />
NGOs<br />
Farmers<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Mid North Coast Weeds Advisory Committee.<br />
Item 08.05<br />
Page 45
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee<br />
Function:<br />
1. To generate financial support for talented local athletes to reach Regional,<br />
State or National representative levels.<br />
2. To raise the profile of the Fund to enable talented youth to apply for funds and<br />
be assessed and allocated support, as deemed fit, based on the criteria set.<br />
Membership: Ann-Maree Crowe (Current Chairperson in lieu of Mayor)<br />
Mr John Weaver (Marketing)<br />
Ms Janine Buesnel (Media)<br />
Marc Stortenbeker (Media)<br />
Maureen Moore (Media)<br />
Jo-Anne Border (Community Representative)<br />
Michael Reid (Community Representative)<br />
Damon Richards (Community Representative)<br />
Group Manager Governance & Executive Services (Staff)<br />
Corporate Events Coordinator (Staff)<br />
It is proposed to appoint the Mayor as the <strong>Council</strong>lor Representative to the Port<br />
Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee.<br />
The Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee due to the recent period<br />
of administration was renamed as such. It has been the Sub-Committees intention to<br />
reinstate the Sub-Committees original name, that being the Mayor’s Sporting Fund<br />
Sub-Committee, once the period of administration ceased.<br />
It is proposed to rename the Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee<br />
to the Mayor’s Sporting Fund Sub-Committee.<br />
Port Macquarie-Handa Sister City Sub-Committee<br />
Function:<br />
To further and implement the ideals of the relationship established in the document<br />
signed 9 May 1990, viz:<br />
1. Exchange of civic organisations<br />
2. To mutually promote the visits of civic organisations and individual citizens<br />
and provide convenience to them.<br />
3. Economic exchanges<br />
4. To mutually hold an exhibition of principal products in each region and send a<br />
trade mission.<br />
5. Cultural exchanges<br />
(a) To introduce such Japanese traditional arts as flower arrangement,<br />
calligraphy, folk dance, karate and the like<br />
(b) To mutually send such artists groups as the fine arts, music and<br />
photography.<br />
(c) To hold a "Handa Exhibition" in Port Macquarie and a "Port Macquarie<br />
Exhibition" in Handa to introduce sister city.<br />
6. Sporting exchanges<br />
7. To mutually send sporting teams.<br />
Item 08.05<br />
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8. Educational exchanges<br />
(a) Exchange teachers and students<br />
(b) Exchange children's drawings, books, movies, video tapes and the<br />
like.<br />
9. Exchanges among the museums, aquariums, zoological, gardens and<br />
arboretum in both cities.<br />
10. Exchanges in Technology<br />
11. To exchange technology and ideas on urban planning conservation and the<br />
like.<br />
Membership: Bruce Hardy (Chairperson in lieu of Mayor - Community Representative)<br />
Mitch McKay (Community Representative)<br />
Patricia Johnson (Community Representative)<br />
Graeme Cook (Community Representative)<br />
Brian Peel (Community Representative)<br />
Deborah Hoffman (Community Representative)<br />
Noel Hoffman (Community Representative)<br />
Louise Gibbs (Community Representative)<br />
Chantelle Dagger (Community Representative)<br />
Neil Porter (Community Representative - Membership deferred until Sept 20<strong>12</strong>)<br />
Group Manager Governance & Executive Services (Staff)<br />
Corporate Events Coordinator (Staff)<br />
It is proposed to appoint the Mayor and an additional <strong>Council</strong>lor Representative to<br />
the Port Macquarie-Handa Sister City Sub-Committee.<br />
Aboriginal Advisory Committee<br />
Function:<br />
The purpose of the Aboriginal Advisory Committee (AAC) is to foster<br />
and progress Reconciliation by overseeing the implementation and<br />
monitoring of the Aboriginal Reconciliation Action Plan, including<br />
carrying out an annual review of progress made against key<br />
performance indicators and setting priorities for the following year. The<br />
committee also provides appropriate assistance, advice and guidance<br />
to <strong>Council</strong> on a range of matters.<br />
Membership: Birpai LALC Representative<br />
Bunyah LALC Representative<br />
Bindi Aboriginal Corporation Representative<br />
Aboriginal Medical Service Representative<br />
Aboriginal Employment Service Representative<br />
Bearlay Aboriginal Interagency Representative<br />
<strong>Hastings</strong> AECG Representative<br />
Traditional Owner Representative<br />
Traditional Owner Representative<br />
Aboriginal Youth Representative<br />
Aboriginal Youth Representative<br />
Aboriginal community Elder<br />
Aboriginal community Elder<br />
Aboriginal Community Representative<br />
Aboriginal Community Representative<br />
<strong>Council</strong>lor<br />
Executive Group Member (Staff)<br />
Item 08.05<br />
Page 47
AGENDA<br />
Ensuring Good Governance<br />
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This Committee is currently suspended. The function of this Committee is currently<br />
being undertaken by the Bearlay Interagency.<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Aboriginal Advisory Committee and attend the relevant Bearlay Interagency<br />
meetings.<br />
Arts & Cultural Development Committee<br />
Function:<br />
1. Steer the development of comprehensive Cultural Planning.<br />
2. Advise on strategies for fostering community engagement with and active<br />
participation in arts and cultural programmes and projects.<br />
3. Facilitate information flow between Port Macquarie-<strong>Hastings</strong> <strong>Council</strong>, cultural<br />
organisations and the wider community.<br />
4. Facilitate partnerships and links to establish Port Macquarie-<strong>Hastings</strong> as a<br />
major cultural tourism destination.<br />
5. Promote and support creative industries.<br />
Membership: Heather Rawson<br />
Jenny Hooper<br />
Jenny Hutchison<br />
Jo Davidson<br />
Kim Staples<br />
Krissa Wilkinson<br />
Marg Duffy<br />
Rod Howard<br />
Suzie West<br />
Vana Ford<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Arts & Cultural Development Committee.<br />
Crime Prevention Committee<br />
Function:<br />
The <strong>Hastings</strong> Crime Prevention Committee (CPC) is an advisory<br />
committee that informs the development, implementation and<br />
monitoring of the <strong>Hastings</strong> Crime Prevention Plan. The Committee is<br />
responsible for identifying the vision and objectives for the Crime<br />
Prevention Plan and working with partners to achieve identified<br />
outcomes. The Committee has both an advisory and an actionfocussed<br />
role.<br />
Membership: Child Protection Network<br />
North Coast Area Health – Drug & Alcohol Service, Harm Reduction<br />
Program<br />
<strong>Hastings</strong> Business Enterprise Centre<br />
Business Women’s Network<br />
<strong>NSW</strong> Police – Crime Management Unit<br />
<strong>NSW</strong> Attorney General’s Department – Victim’s Support, Violence<br />
Against Women Unit<br />
Department of Education and Training- Welfare<br />
Item 08.05<br />
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Ensuring Good Governance<br />
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Department of Corrective Services - Probation and Parole<br />
Port Macquarie Chamber of Commerce<br />
Bearlay Aboriginal Interagency<br />
Department of Housing<br />
Independent Business Representatives<br />
<strong>Hastings</strong> Domestic Violence Committee<br />
<strong>Hastings</strong> Women and Children’s Refuge<br />
Local Members of Parliament or delegates<br />
Independent Member<br />
Community Development (Staff)<br />
It is proposed to appoint the Mayor and an additional <strong>Council</strong>lor Representative to<br />
the Crime Prevention Committee.<br />
<strong>Hastings</strong> Access Sub-Committee<br />
Function:<br />
1. To provide advice and recommendations to <strong>Council</strong> on strengthening<br />
accessibility to all public areas and public buildings within the <strong>Hastings</strong> LGA.<br />
2. To develop projects that will improve physical access for people with a<br />
disability living in the Port Macquarie <strong>Hastings</strong> LGA.<br />
3. To oversee the implementation and monitoring of <strong>Council</strong>s Disability<br />
Discrimination Act (DDA) Action Plan<br />
4. To determine funding for upgrades in line with the ‘Guidelines for Prioritising<br />
Access Funding’<br />
Membership: Community Representative (8x)<br />
Community Development (Staff)<br />
Infrastructure Services (Staff)<br />
Development & Environment (Staff)<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
<strong>Hastings</strong> Access Sub-Committee.<br />
Heritage & Museums Sub-Committee<br />
Function:<br />
1. Provide advice to <strong>Council</strong> on the management of heritage matters by the<br />
<strong>Council</strong>.<br />
2. Raise community awareness of our local heritage through publications,<br />
seminars, public displays and exhibitions & awards & festivals.<br />
3. Show leadership in the collecting and documenting of local heritage material<br />
including artefacts and undertake continuing research to increase the<br />
knowledge of heritage sites & collections.<br />
4. Make recommendations on the nomination and deletion of items from the<br />
Heritage Schedule in <strong>Hastings</strong> LEP 2001 and any other future Local<br />
Environmental Plans.<br />
5. Consider reports and comments by <strong>Council</strong>'s Heritage Advisor.<br />
6. Make recommendations to <strong>Council</strong> on the management of <strong>Council</strong>s Local<br />
Heritage Fund.<br />
7. Provide a forum to facilitate commercial and tourism related opportunities<br />
associated with Heritage promotion within the <strong>Hastings</strong>.<br />
Item 08.05<br />
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8. Liaise with <strong>Council</strong>’s Heritage Advisor to provide information, & advice<br />
regarding heritage issues in the LGA.<br />
9. Facilitate co-ordination and co-operation between <strong>Hastings</strong> museums,<br />
heritage groups & groups with similar objectives, through information sharing<br />
and collaboration on joint projects.<br />
Membership: Camden Haven Historical Society<br />
Douglas Vale Conservation Group<br />
Friends of Port Macquarie Historic Courthouse<br />
Kendall Heritage Society<br />
Mid North Coast Maritime Museum<br />
National Parks and Wildlife Service (Roto House)<br />
Port Macquarie & Districts Family History Society<br />
Port Macquarie Historical Society<br />
St Thomas’ Church<br />
Wauchope District Historical Society<br />
Heritage Advisor - Stephen Booker<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Heritage & Museums Sub-Committee.<br />
Port Macquarie-<strong>Hastings</strong> Youth Advisory Committee<br />
Function:<br />
The role of the Youth Advisory <strong>Council</strong> is to represent local young<br />
people and raise issues that are important to them, both locally and<br />
State-wide. The Youth Advisory <strong>Council</strong> also works to create, promote<br />
and encourage activities for young people living in the <strong>Hastings</strong>.<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Port Macquarie-<strong>Hastings</strong> Youth Advisory Committee.<br />
Regional Gallery Advisory Board<br />
Membership: Shan Blake (Community Representative)<br />
Janine Buesnel (Community Representative)<br />
Gavin Crichton (Community Representative)<br />
Max Grubb (Community Representative)<br />
Jim Harper (Community Representative)<br />
Jim Matsinos (Community Representative)<br />
Stuart Rayner (Community Representative)<br />
Wendy Stokes (Community Representative)<br />
Craig Teasdell (Community Representative)<br />
<strong>Council</strong>lor<br />
Director Community & Cultural Development (Staff)<br />
Group Manager Cultural Services (Staff)<br />
Gallery Manager (Staff)<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Regional Gallery Advisory Board.<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Port Macquarie-<strong>Hastings</strong> LGA Coast & Estuaries Sub-Committee<br />
Function:<br />
1. Advise <strong>Council</strong> on conditions and management issues in the <strong>Hastings</strong>,<br />
Camden Haven and Lake Cathie/Lake Innes estuaries.<br />
2. Advise <strong>Council</strong> on the implementation of the <strong>Hastings</strong>, Camden Haven and<br />
Lake Cathie/Lake Innes Estuary Management Plans.<br />
3. Advise <strong>Council</strong> on conditions and management issues in the coastline (as<br />
described in the <strong>NSW</strong> Coastal Policy) within the LGA.<br />
4. Act as a committee as set out in the <strong>NSW</strong> Estuary and <strong>NSW</strong> Coastline<br />
Management Manuals.<br />
Membership: Adrian Button (Waterway Users)<br />
Alan MacIntyre (Camden Haven)<br />
Alison Kennedy (Bonny Hills)<br />
Bob Jolly (Lake Cathie)<br />
Jack Jones (Lake Cathie)<br />
Laurie Lardner (Port Macquarie)<br />
Mark Bulley (Port Macquarie)<br />
Patrick McEntee (Port Macquarie)<br />
Tony Troup (Camden Haven)<br />
Paul Hyde (<strong>Hastings</strong> River Fisherman's Co-operative)<br />
Robert Birse (Lands)<br />
Lee Burdett (Fisheries)<br />
Eric Claussen (NPWS)<br />
Peter Clark (NPWS Alternate)<br />
Robert Kasmarik (DECC)<br />
Director Development & Environment Services (Staff)<br />
Group Manager Environment Services (Staff)<br />
Environmental Engineer (Staff)<br />
Natural Resources Officer (Staff)<br />
It is proposed to appoint two (2) <strong>Council</strong>lor Representatives to the Port Macquarie-<br />
<strong>Hastings</strong> LGA Coast & Estuaries Sub-Committee.<br />
<strong>Hastings</strong> Bush Fire Management Committee<br />
Function:<br />
A District Fire Committee must, at the request of the Co-ordinating<br />
Committee:<br />
(i) Assist the Committee in the performance of its functions under<br />
Section 41A of the Act;<br />
(ii) Assist the Committee or a Fire Prevention Association<br />
operating in the Committee's area, in the performance of its<br />
functions under Sections 41B and 54 of the Act.<br />
A District Fire Committee may draw to the attention of:<br />
(i) The Co-ordinating Committee; or<br />
(ii) A prescribed organisation; or<br />
(iii) A public authority exercising its functions in the Committee's<br />
area<br />
any matter it considers relevant to the protection of land, life or<br />
property in that area from the impact of bush fires.<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Membership: <strong>NSW</strong> Fire Brigades<br />
Rural Fire Service<br />
Department of Lands<br />
National Parks and Wildlife Service<br />
<strong>NSW</strong> Police<br />
<strong>NSW</strong> Forests<br />
Roads & Maritime Services<br />
Country Energy<br />
<strong>NSW</strong> Farmers Association<br />
Horticultural Officer (Staff)<br />
It is proposed to not appoint any <strong>Council</strong>lor representation to the <strong>Hastings</strong> Bush Fire<br />
Management Committee.<br />
Port Macquarie-<strong>Hastings</strong> LGA Floodplain Sub-Committee<br />
Function:<br />
Advise <strong>Council</strong> in the development and implementation of floodplain<br />
risk management plans for the <strong>Hastings</strong> LGA.<br />
Membership: Patrick McEntee (PMQ Conservation Society)<br />
John Hough (<strong>Hastings</strong> River and Landcare)<br />
Alan MacIntyre (Community Representative)<br />
Alan Taylor (Development Industry Representative)<br />
David Felsch (Community Representative)<br />
Graeme Sayer (Development Industry Representative)<br />
Tim Richards (SES)<br />
Garry Gajks (SES - Alternate Delegate)<br />
Kevin Gibson (Dept Environment & Climate Change)<br />
Steve Hart (SES)<br />
Director Development & Environment Services (Staff)<br />
Group Manager Environment Services (Staff)<br />
Group Manager Development Assessment (Staff)<br />
Environmental Engineer (Staff)<br />
It is proposed to appoint two (2) <strong>Council</strong>lor Representatives to the Port Macquarie-<br />
<strong>Hastings</strong> LGA Floodplain Sub-Committee.<br />
Town Centre Master Plan Sub-Committee<br />
Function:<br />
1. To recommend works priorities to <strong>Council</strong> for the implementation of the Town<br />
Centre Master Plan.<br />
2. To act as a communication conduit between <strong>Council</strong> and the CBD<br />
stakeholders in respect to the Town Centre Master Plan.<br />
3. Advocate of the Town Centre Master Plan to the community.<br />
4. To recommend an annual Works Programme and Budget.<br />
5. To account for and approve expenditures of funds raised externally to<br />
<strong>Council</strong>.<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
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Membership: Stephen Byers<br />
Jeff Gillespie<br />
Anthony Wilson<br />
Michael Mowle<br />
David Capper<br />
Robert Turner<br />
Brian Buckett<br />
Anthony Thorne<br />
Brian Tierney<br />
Director Infrastructure Services (Staff)<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Town Centre Master Plan Sub-Committee.<br />
Port Macquarie-<strong>Hastings</strong> Local Emergency Management Sub-Committee<br />
Function:<br />
A Local Emergency Management Committee is responsible for the<br />
preparation of plans in relation to the prevention of, preparation for,<br />
response to and recovery from emergencies in the local government<br />
area for which it is constituted.<br />
In the exercise of its functions, any such Committee is responsible to<br />
the relevant District Emergency Management Committee.<br />
Membership: District Emergency Management Officer (DEMO)<br />
Local Emergency Management Officer (LEMO)<br />
<strong>NSW</strong> Police Representative<br />
<strong>NSW</strong> Fire Brigade Representative<br />
<strong>NSW</strong> Rural Fire Service Representative<br />
Ambulance Service of <strong>NSW</strong> Representative<br />
<strong>Hastings</strong> SES Representative<br />
Mid North Coast Area Health Service Representative<br />
National Parks & Wildlife Service Representative<br />
Port Macquarie Sea Rescue Group Representative<br />
Department of Community Services Representative<br />
Department of Primary Industry Representative<br />
Telstra Representative<br />
Country Energy Representative<br />
It is proposed to not appoint any <strong>Council</strong>lor representation to the Port Macquarie-<br />
<strong>Hastings</strong> Local Emergency Management Sub-Committee.<br />
Water Supply Steering Committee<br />
Function:<br />
To oversee planning and implementation for major water supply<br />
augmentation and make recommendations to <strong>Council</strong>.<br />
Membership: Mayor<br />
<strong>Council</strong>lor (3x)<br />
Director Infrastructure Services (Staff)<br />
Group Manager Water & Sewer (Staff)<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
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It is proposed to not appoint any <strong>Council</strong>lor representation to the Water Supply<br />
Steering Committee. This committee will be the subject of a future report to <strong>Council</strong>.<br />
Sewerage Steering Committee<br />
Function:<br />
To oversee planning and implementation for major sewerage supply<br />
augmentation and make recommendations to <strong>Council</strong>.<br />
Membership: Mayor<br />
<strong>Council</strong>lor (3x)<br />
Director Infrastructure Services (Staff)<br />
Group Manager Water & Sewer (Staff)<br />
It is proposed to not appoint any <strong>Council</strong>lor representation to the Sewerage Steering<br />
Committee. This committee, as with the Water Supply Steering Committee, will be<br />
the subject of a future report to <strong>Council</strong>.<br />
Section 355 Management Sub-Committees<br />
It is proposed to not appoint <strong>Council</strong>lors representation to any Section 355<br />
Management Sub-Committee.<br />
A list of these committees is provided below:<br />
Beechwood School of Arts Hall Management Sub-Committee<br />
Bonny Hills Community & Recreation of Arts Hall Sub-Committee<br />
CC Mac Adams Music Centre Management Sub-Committee<br />
Camden Haven District Sport & Recreation Management Sub-Committee<br />
Charlie Watt Memorial Sports Field Management Sub-Committee<br />
Lake Cathie Community & Recreation Hall Management Sub-Committee<br />
Lake Cathie Sports <strong>Council</strong><br />
Lank Bain Sporting Complex Management Committee<br />
Lorne Recreation Centre Management Sub-Committee<br />
Pappinbarra Recreation Reserve Management Committee<br />
Pembrooke Community Hall Committee<br />
Port Macquarie Historic Courthouse Management Sub-Committee<br />
Port Macquarie Seniors’ Facility Management Sub-Committee<br />
Wauchope Community Centre Management Sub-Committee-Arts <strong>Council</strong> Hall<br />
Wauchope Rotary Youth Club Sub-Committee<br />
Wauchope Sports Management Sub-Committee<br />
Local and regional Boards<br />
It is proposed to appoint appropriate <strong>Council</strong>lor representation to the following<br />
boards:<br />
Greater Port Macquarie Tourism Association<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Greater Port Macquarie Tourism Association Board.<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Arts Mid North Coast<br />
It is proposed to appoint one (1) <strong>Council</strong>lor Representative and an alternate to the<br />
Arts Mid North Coast Board.<br />
Options<br />
<strong>Council</strong> is to determine appropriate <strong>Council</strong>lor Representation on its committees and<br />
external boards.<br />
Consultation/Submissions<br />
<br />
<br />
<br />
<br />
General Manager.<br />
Directors.<br />
Group Manager Governance and Executive Services.<br />
Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee (with regards to the<br />
renaming of the Sub-Committee).<br />
Planning & Policy Implications<br />
Nil.<br />
Financial & Economic Implications<br />
Nil.<br />
Attachments<br />
Nil<br />
Item 08.05<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.06<br />
Subject: PROCUREMENT PROFESSIONAL OF THE YEAR AWARD FOR 20<strong>12</strong><br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.2.1 Develop and implement corporate leadership practices that support the<br />
achievement of community goals.<br />
RECOMMENDATION<br />
That <strong>Council</strong> congratulate <strong>Council</strong>’s Procurement Coordinator Michael<br />
Robinson on being awarded Procurement Professional of the Year Award for<br />
20<strong>12</strong> by Local <strong>Government</strong> Procurement.<br />
Executive Summary<br />
The Procurement Professional of the Year Award was presented to <strong>Council</strong>’s<br />
Procurement Coordinator, Michael Robinson, at the Local <strong>Government</strong> Procurement<br />
Conference held in Sydney last week.<br />
Discussion<br />
It is very pleasing to announce that <strong>Council</strong>’s Procurement Coordinator Michael<br />
Robinson has been awarded the Procurement Professional of the Year Award for<br />
20<strong>12</strong> by Local <strong>Government</strong> Procurement Pty Ltd.<br />
This is an outstanding achievement as it recognises the work of procurement<br />
professionals from across <strong>NSW</strong> and it is very pleasing to know that we have<br />
someone so highly regarded in the industry contributing to our organisation.<br />
Procurement is obviously a key part of our organisation and it is critical that we<br />
continue to achieve best value for money across all our procurement activities.<br />
Through Michael’s dedicated approach to procurement processes and practices, we<br />
are continuing to refine our processes to ensure best value is delivered at all times.<br />
Please all join me in congratulating Michael on this achievement.<br />
Options<br />
Not applicable.<br />
Consultation/Submissions<br />
Consultation has taken place with the Director of Corporate and Business Services.<br />
Item 08.06<br />
Page 56
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning & Policy Implications<br />
Not applicable.<br />
Financial & Economic Implications<br />
Not applicable.<br />
Attachments<br />
Nil<br />
Item 08.06<br />
Page 57
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.07<br />
Subject:<br />
DRAFT ASSET DISPOSAL POLICY<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Endorse the draft “Asset Disposal Policy” to be placed on public<br />
exhibition for a period of 60 days.<br />
2. Upon receipt and consideration of any submissions received during the<br />
exhibition period, consider the “Asset Disposal Policy” for adoption at a<br />
future meeting of <strong>Council</strong>.<br />
Executive Summary<br />
This draft policy applies to the disposal of all assets by <strong>Council</strong> and ensures that an<br />
appropriate level of discipline, probity and compliance with any legal or policy<br />
requirements, is applied across the organisation.<br />
Discussion<br />
The Independent Commission Against Corruption (ICAC) advise that public sector<br />
agencies that regularly dispose of depreciated, redundant or excess stock need to<br />
ensure they have standardised methods to manage the disposal of unwanted<br />
resources in a transparent and accountable manner.<br />
This policy directs <strong>Council</strong> activities to openly and transparently dispose of assets<br />
that have reached the end of their useful life or are deemed to be surplus to its<br />
needs. In doing so, <strong>Council</strong> must aim to:<br />
<br />
<br />
<br />
<br />
Provide a systematic and transparent method for the disposal of assets;<br />
Ensure that best value for money is achieved;<br />
Promote fair and effective competition to the greatest extent;<br />
Comply with <strong>Council</strong>’s position on sustainability and environmentally friendly<br />
practices.<br />
<strong>Council</strong> does not currently have a policy that prescribes how to dispose of assets, so<br />
it is only prudent that such a policy be developed that will form an important part of<br />
our suite of procurement related policies.<br />
Item 08.07<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Options<br />
<strong>Council</strong> could choose not to adopt the draft Asset Disposal Policy for exhibition.<br />
Consultation/Submissions<br />
Consultation has taken place with <strong>Council</strong>’s General Manager, Directors and Senior<br />
Leadership Team.<br />
The draft Asset Disposal Policy was presented to and endorsed by <strong>Council</strong>’s Audit<br />
Committee on 8 th November 20<strong>12</strong>.<br />
Planning & Policy Implications<br />
The attached draft Policy applies to the disposal of all assets by <strong>Council</strong> and provides<br />
a framework for compliance with the disposal of assets. However, it should be noted<br />
that the sale of land requires a resolution of <strong>Council</strong> as per the Local <strong>Government</strong><br />
Act.<br />
Financial & Economic Implications<br />
Reporting and accounting for disposal of all assets will be done in accordance with<br />
Local <strong>Government</strong> Code of Accounting Practice and Financial Reporting. The Group<br />
Manager, Financial Services will ensure that appropriate financial management<br />
practices are followed and <strong>Council</strong> records are maintained, including the <strong>Council</strong><br />
financial accounts and asset register.<br />
Attachments<br />
1. Asset Disosal Policy<br />
Item 08.07<br />
Page 59
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.08<br />
Subject: MONTHLY REVIEW OF FINANCIAL POSITION - NOVEMBER 20<strong>12</strong><br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.4.2 Manage <strong>Council</strong>’s financial assets & to provide accurate, timely and reliable<br />
financial information for management purposes. Strategic financial planning &<br />
reporting and operational financial services - including payroll, accounts payable,<br />
investments, debt recovery, revenue and rates billing, asset accounting, grant<br />
administration, taxation compliance (FBT, GST, PAYG), budget preparation, general<br />
accounting.<br />
RECOMMENDATION<br />
That <strong>Council</strong> adopt the adjustments included in the “Financial Implications”<br />
section of the Monthly Review of Financial Position report for November 20<strong>12</strong>.<br />
Executive Summary<br />
Each month, <strong>Council</strong>’s budgets are reviewed by Managers and Directors and any<br />
required adjustments are reported.<br />
Discussion<br />
The November budget review forecasts a deficit for the 20<strong>12</strong>/13 financial year of<br />
$591,135. This is an improvement of $6,4<strong>12</strong> over the October result and an<br />
improvement of $138,454 over the original budget.<br />
Commentary of Key Variance Items<br />
1. The majority of adjustments this month are for the recognition of grants and<br />
contributions received by <strong>Council</strong> and the associated expenditure of the funds.<br />
2. <strong>Council</strong>’s new Process Improvement Section has been set up and the budgets<br />
required to fund this section until June 30 2013 have been included in this<br />
review.<br />
3. Various other adjustments with a nil effect on <strong>Council</strong>’s bottom line have also<br />
been included.<br />
Options<br />
<strong>Council</strong> may adopt the recommendations as proposed or amend as required.<br />
Consultation/Submissions<br />
Consultation in this matter has occurred across each Division and Section with input<br />
from Directors and Managers<br />
Item 08.08<br />
Page 60
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning & Policy Implications<br />
Nil<br />
Financial & Economic Implications<br />
Attached to the report for information is each individual budget adjustment by<br />
Division and Section. The net budget movement amounts to a surplus for the month<br />
of $6,4<strong>12</strong>.<br />
Responsible Accounting Officer Statement<br />
The approved budget deficit for 20<strong>12</strong>/13 currently stands at $597,547. The<br />
adjustments included in this report will reduce this deficit to $591,135. This is<br />
considered an unsatisfactory result for the year. Budgets will have to be monitored<br />
closely during the year so that any savings can be applied to this deficit. During the<br />
month of November each Director, in conjunction with their Group Managers, have<br />
been conducting a comprehensive review of their budgets to identify any savings in<br />
order to further reduce the projected deficit.<br />
Attachments<br />
1. 20<strong>12</strong> - 2013 November Budget Adjustments<br />
Item 08.08<br />
Page 61
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Item: 08.09<br />
Subject:<br />
GLASSHOUSE FINANCES<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.4.2 Manage <strong>Council</strong>’s financial assets & to provide accurate, timely and reliable<br />
financial information for management purposes. Strategic financial planning &<br />
reporting and operational financial services - including payroll, accounts payable,<br />
investments, debt recovery, revenue and rates billing, asset accounting, grant<br />
administration, taxation compliance (FBT, GST, PAYG), budget preparation, general<br />
accounting.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Note the information provided on the status of Glasshouse finances and<br />
outstanding loans; and<br />
2. Provide a further report to <strong>Council</strong> on the current year budget forecast<br />
following ledger restructuring.<br />
Executive Summary<br />
At the October 20<strong>12</strong> Ordinary Meeting of <strong>Council</strong> the General Manager was<br />
requested to prepare a report on the status of the Glasshouse Finances and<br />
specifically:<br />
1. The current and future financial reporting capability to breakdown all financial<br />
details by financial year by category of activity as follows:<br />
a) Community<br />
b) Commercial<br />
c) <strong>Council</strong><br />
d) Other<br />
2. The capability of the financial reporting structure and package to enable<br />
management to micro manage financial performance and efficiency of<br />
individual Glasshouse activities/events/performances.<br />
3. The full details of the supporting loans including assessments of possible early<br />
repayment initiatives.<br />
4. A detailed profit and loss and balance sheet for both financial year 2011/20<strong>12</strong><br />
and previous years as well as the budget for 20<strong>12</strong>/2013.<br />
Item 08.09<br />
Page 62
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Discussion<br />
Current Financial Reporting Activity<br />
The financial accounting software operated by <strong>Council</strong> (Authority) is a robust and<br />
complex system which integrates with many applications such as Rates, Debtors,<br />
Creditors, and Payroll. Despite this complexity the system allows a relatively flexible<br />
chart of accounts to be built to allow for customisation between business units; yet<br />
still allows for a consolidated set of audited financial statements to be produced from<br />
the approximately 34,000 ledger numbers and 7,000 work order numbers that exist<br />
within the program.<br />
In terms of the Glasshouse, the ledger structure had originally been built whereby the<br />
focus of the ledger was on an integrated facility. This structure does not allow<br />
(without considerable manual manipulation) a separation of key Glasshouse activities<br />
of Commercial, Cultural and Commercial. Other difficulties have been recently<br />
identified which also complicate the ability to produce accurate and useful information<br />
in this format:-<br />
1. Centralisation of key costs – costs such as staff labour and marketing are<br />
not currently allocated by activity.<br />
2. Inter-activity charges – Internal Glasshouse Commercial activities are<br />
charged to Cultural and Community either at cost or not at all (for example,<br />
catering).<br />
3. Sponsorship – Sponsorship has generally not been recognised in the ledger;<br />
which has understated the cost of Cultural and Community activities.<br />
4. <strong>Council</strong> usage – The usage of the venue by <strong>Council</strong> (for functions or events<br />
such as Ironman) has been either free or heavily discounted. Whilst the<br />
overall effect on <strong>Council</strong>’s bottom line is unaffected (unless the function or<br />
event is for a non-general fund activity) this practice has seen the function of<br />
<strong>Council</strong> responsible for the event/function as understating their true costs to<br />
the detriment of the Glasshouse.<br />
Future Financial Reporting Activity<br />
The transfer to Corporate and Business Services has resulted in a different ledger<br />
structure being required than that which previously existed, to allow for the cost of<br />
key activities to be accurately identified in the structure. This ledger rebuild is<br />
currently underway; with the key activities for high level reporting being Commercial,<br />
Community and Cultural. Some internal service provision occurs within the building<br />
(Back of House/Front of House etc) which under the new structure will be allocated<br />
back to the key activities to enable true costs of the activities to be ascertained.<br />
Obviously, several hundred ledger numbers will exist below these levels to capture<br />
detailed financial reporting components at lower levels to enable management<br />
reporting and decision making to occur.<br />
Whilst the current ledger structure still satisfies accounting standards, the Code of<br />
Accounting Practice; and <strong>Council</strong>’s External Auditors; it is considered that the change<br />
in ledger structure will allow for better management decision making in terms of<br />
resource allocation and setting strategic direction and performance targets.<br />
Work is underway from an internal process perspective to address the difficulties<br />
which currently impede being able to accurately report on the financial position of the<br />
Item 08.09<br />
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AGENDA<br />
Ensuring Good Governance<br />
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key Glasshouse Activities including costing labour and marketing to the correct<br />
activity; accurately charging internal service provision to the relevant activity;<br />
accounting for sponsorship accurately; and ensuring that <strong>Council</strong> use of the facility is<br />
recognised as a commercial activity.<br />
Other costs include <strong>Council</strong> Overheads and Loans. <strong>Council</strong> Overheads incorporate<br />
management charges (a proportion of Divisional Management costs allocated to<br />
Glasshouse); Information Technology and Human Resources charges (a proportion<br />
of organisational costs to provide information technology and human resources<br />
services to the Glasshouse) and Administration charges which represent a proportion<br />
of <strong>Council</strong> costs to provide Accounts Payable, Accounts Receivable, Payroll,<br />
Records Management, Printing and Finance costs to the Glasshouse. These will also<br />
be allocated to the activities of Commercial, Community and Cultural in an<br />
accountable manner.<br />
There is considerable work in rebuilding the ledger structure and since the new<br />
structure will be implemented part way through a financial year, existing year to date<br />
transactions will need to transferred to the new structure. This process has begun<br />
with staff using new ledger numbers from the end of November 20<strong>12</strong>; and it is<br />
anticipated that closing old ledger numbers and the transfer of actual data<br />
(representing transactions from 1 July 20<strong>12</strong> to end of November 20<strong>12</strong>) from the old<br />
structure to the new structure will be complete by January 2013. It is proposed to<br />
present the current year adopted budget in the new format; in addition to budgetary<br />
changes required to estimate the financial position of the Glasshouse in the new<br />
format as at 30 June 2013 to the February meeting of <strong>Council</strong>.<br />
Financial Performance of individual events/performances<br />
Profit and Loss on a per event/show basis in the ledger structure is an arduous<br />
process which is resource heavy and would require additional resources (and clearly<br />
additional cost to Glasshouse operations) to achieve on an accurate basis requiring<br />
allocation of electricity costs etc.<br />
However, in line with other similar venues; Box Office and Event Management<br />
Software provides enough detail on an event/show basis to enable informed<br />
management decisions to be made at an operational level.<br />
Glasshouse Loans and early repayment initiatives<br />
The following table lists the original Glasshouse loans and principal balances<br />
outstanding as at 30 June 20<strong>12</strong>. The break cost (the penalty charged by the bank for<br />
early termination of a fixed interest loan) is not included in the original loan contracts<br />
but is provided by the banks upon request. These costs are basically a function of the<br />
remaining period of the loan and the prevailing interest rate at the time referenced to<br />
the original interest rate at the loan drawdown date. Hence break costs are fluid and<br />
vary at different points in time. The break costs below were provided in <strong>December</strong><br />
2011 and may have varied since that time; however provide an indicative guide as to<br />
the quantum of break costs which would be applied. It should be noted that, on<br />
average, the interest rates on these loan are still relatively competitive in the current<br />
market.<br />
Item 08.09<br />
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AGENDA<br />
Ensuring Good Governance<br />
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<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Date<br />
Borrowed<br />
Bank<br />
Amount<br />
Borrowed<br />
$<br />
Loan<br />
Maturity<br />
Date<br />
Principal<br />
Outstanding 30<br />
June 20<strong>12</strong><br />
Interest<br />
Rate<br />
Indicative<br />
Break<br />
Costs<br />
Jun-05 CBA 3,500,000 Jun-25 2,709,030 6.03% 182,613<br />
May-06 NAB 11,780,000 May-26 9,265,194 7.204% 701,856<br />
Dec-06 CBA * 5,435,954 Dec-26 4,535,308 6.27% 415,980<br />
Oct-08 NAB 2,460,000 Oct-18 1,788,958 7.219% 84,521<br />
Jan-09 NAB 4,800,000 Jan-29 4,372,617 5.6<strong>12</strong>% -<br />
27,975,954 22,671,107 1,384,970<br />
* This is a portion only of a larger loan totalling $16.3m. The loan includes a $10.9m Section 94 loan<br />
component. If this loan was to be paid off in full total break costs would be around $1.2m. The $416k is<br />
the pro rata portion of this total applicable to the Glasshouse portion of the overall loan.<br />
A previous resolution of <strong>Council</strong> (on 15 th <strong>December</strong> 2010) was that the proceeds that<br />
flow from <strong>Council</strong>’s Thrumster land holding be first attributed to repay the loans<br />
relating to the Glasshouse.<br />
Jones Lange LaSalle provided a valuation report to <strong>Council</strong> in April 2008 of <strong>Council</strong>’s<br />
landholdings at Thrumster. It is now considered that this report would now be<br />
outdated. However, it was their view that an outright sale option would most likely<br />
return considerably less than other options available i.e. sale post Development<br />
Application Process and <strong>Council</strong> developing the site, further details are provided in<br />
the confidential attachment. This confidential attachment contains information that<br />
would, if disclosed, confer a commercial advantage on a competitor of the council<br />
(Local <strong>Government</strong> Act 1993 – Section 10A (2) (d) (ii).<br />
There is still considerable uncertainty given the current stage of the Development<br />
Control Plan (DCP). This process has been underway for some time, and it is<br />
possible that this may not be resolved until mid to late 2013. Particular issues to be<br />
considered / resolved include:-<br />
- Koala Habitat – this is a key feature<br />
- Infrastructure including status of roads into <strong>Council</strong>’s Industrial area,<br />
proposed interim access points and staging of development.<br />
Whilst the Jones Lange LaSalle report may now be outdated, it is considered<br />
premature to undertake another option assessment until the DCP process is<br />
finalised. Should <strong>Council</strong> choose to sell the Thrumster land prior to the Development<br />
Application stage; then it is likely that <strong>Council</strong> will achieve a lower return than if other<br />
options were explored post Development Application, noting that the break costs on<br />
the loans as described above would also be incurred.<br />
Financial Reports<br />
The attached report shows the Income Statement and Balance Sheet for the<br />
Glasshouse operations for the four years ended 30 June 20<strong>12</strong>. Also included is the<br />
budget estimate for 20<strong>12</strong>/13.<br />
Item 08.09<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Options<br />
<strong>Council</strong> may adopt the recommendations as proposed or amend them.<br />
Consultation/Submissions<br />
Consultation in this matter has occurred with Glasshouse staff; Director Corporate &<br />
Business Services; Group Manager Business Services and Group Manager Financial<br />
Services.<br />
Planning & Policy Implications<br />
Not applicable.<br />
Financial & Economic Implications<br />
This report is for information purposes only. Should <strong>Council</strong> be in a position to repay<br />
the Glasshouse loans (all or in part) at some time in the future the break costs will<br />
need to be determined at that point in time.<br />
Attachments<br />
1. Glasshouse Financials<br />
2. Jones Lang LaSalle Scenario Financial Summary (Confidential)<br />
Item 08.09<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.10<br />
Subject: INVESTMENTS - OCTOBER 20<strong>12</strong><br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.4.2 Manage <strong>Council</strong>’s financial assets & to provide accurate, timely and reliable<br />
financial information for management purposes. Strategic financial planning &<br />
reporting and operational financial services - including payroll, accounts payable,<br />
investments, debt recovery, revenue and rates billing, asset accounting, grant<br />
administration, taxation compliance (FBT, GST, PAYG), budget preparation, general<br />
accounting.<br />
RECOMMENDATION<br />
That <strong>Council</strong> receive and note the Investment Report for October 20<strong>12</strong>.<br />
Executive Summary<br />
Investment balances and performance for the month of October 20<strong>12</strong> are presented<br />
in this report.<br />
Discussion<br />
This report provides details of all funds that <strong>Council</strong> has invested under Section 625<br />
of the Local <strong>Government</strong> Act, as at 31 October 20<strong>12</strong>.<br />
All investments were made in accordance with the Act, Regulations and <strong>Council</strong>’s<br />
Investment Policy.<br />
Developments<br />
Staff continue to monitor opportunities to switch to allowable alternate investments<br />
with a greater forecast investment return to maturity. <strong>Council</strong>’s independent advisor,<br />
Denison Advisory Services, is continuing to work with the Finance team in reviewing<br />
<strong>Council</strong>’s portfolio and investment strategy.<br />
The investment portfolio as at 31 October 20<strong>12</strong> is as follows:<br />
Item 08.10<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Port Macquarie <strong>Hastings</strong> <strong>Council</strong><br />
Investment Summary ‐ 31 October 20<strong>12</strong><br />
Inv Name<br />
Type<br />
Purchase<br />
Date Maturity Date<br />
Current<br />
Yield Face Value Valuation $ Value<br />
Miami CDO CDO 4‐Apr‐07 20‐Mar‐17 0.0000% $3,000,000 40.000 $1,200,000<br />
Total CDO's $3,000,000 $1,200,000<br />
Inv Name<br />
Type<br />
Purchase<br />
Date Maturity Date<br />
Current<br />
Yield Face Value Valuation $ Value<br />
Bank of Queensland Limited FRN 30‐Mar‐11 30‐Sep‐13 4.8700% $1,000,000 99.7<strong>12</strong> $997,<strong>12</strong>0<br />
Holiday Coast Credit Union FRN 4‐Nov‐04 17‐Apr‐13 6.8700% $2,000,000 99.565 $1,991,300<br />
Royal Bank of Scotland FRN 10‐Mar‐11 10‐Mar‐14 5.5300% $2,000,000 100.885 $2,017,700<br />
Total FRN's $5,000,000 $5,006,<strong>12</strong>0<br />
Inv Name<br />
Type<br />
Purchase<br />
Date Maturity Date Yield Face Value<br />
AMP Bank Ltd TD 2‐May‐<strong>12</strong> 19‐Nov‐<strong>12</strong> 5.7000% $1,000,000<br />
AMP Bank Ltd TD 2‐May‐<strong>12</strong> 20‐Nov‐<strong>12</strong> 5.7000% $1,000,000<br />
AMP Bank Ltd TD 2‐May‐<strong>12</strong> 21‐Nov‐<strong>12</strong> 5.7000% $1,000,000<br />
AMP Bank Ltd TD 2‐May‐<strong>12</strong> 22‐Nov‐<strong>12</strong> 5.7000% $1,000,000<br />
AMP Bank Ltd TD 2‐May‐<strong>12</strong> 26‐Nov‐<strong>12</strong> 5.7000% $1,000,000<br />
Bendigo Bank TD 19‐Sep‐<strong>12</strong> 18‐Mar‐13 5.0000% $3,000,000<br />
Commonwealth Bank TD 20‐Dec‐11 18‐Dec‐14 5.7600% $2,000,000<br />
ING Bank (Australia) Limited TD 3‐Mar‐11 4‐Mar‐13 6.7700% $3,000,000<br />
ING Bank (Australia) Limited TD 7‐Mar‐<strong>12</strong> 3‐Dec‐<strong>12</strong> 6.0000% $4,000,000<br />
ING Bank (Australia) Limited TD 20‐Dec‐11 20‐Dec‐16 6.1600% $3,000,000<br />
ING Bank (Australia) Limited TD 8‐Jun‐11 7‐Jun‐13 6.5300% $3,000,000<br />
Investec Bank (Australia) Limited TD 30‐Aug‐<strong>12</strong> 27‐May‐13 5.2500% $5,000,000<br />
ME Bank TD 31‐Oct‐<strong>12</strong> 29‐Jan‐13 4.7100% $6,000,000<br />
National Australia Bank TD 20‐Dec‐11 20‐Dec‐<strong>12</strong> 5.7500% $5,000,000<br />
National Australia Bank TD 1‐May‐<strong>12</strong> 1‐Nov‐<strong>12</strong> 5.5900% $5,000,000<br />
National Australia Bank TD 15‐Jun‐<strong>12</strong> 15‐Jun‐13 5.0900% $10,000,000<br />
Rabobank TD 9‐Jun‐11 10‐Dec‐<strong>12</strong> 6.5400% $1,000,000<br />
Rabobank TD 9‐Jun‐11 10‐Jun‐13 6.7000% $1,000,000<br />
Rabobank TD 11‐Nov‐11 11‐Nov‐16 6.3000% $2,000,000<br />
Rabobank TD 6‐Sep‐<strong>12</strong> 9‐Sep‐13 5.0200% $2,000,000<br />
Rabobank TD 6‐Sep‐<strong>12</strong> 4‐Jun‐13 5.0000% $2,000,000<br />
St George Bank TD 15‐Aug‐<strong>12</strong> 15‐Aug‐13 5.1500% $5,000,000<br />
St George Bank TD 19‐Sep‐<strong>12</strong> 13‐Mar‐14 4.8800% $4,000,000<br />
Suncorp Metway Term Deposit TD 18‐Dec‐09 18‐Dec‐<strong>12</strong> 7.4500% $1,000,000<br />
Westpac Term Deposit TD 14‐Sep‐11 14‐Sep‐16 6.0500% $7,000,000<br />
Westpac Term Deposit TD 11‐Nov‐11 11‐Nov‐16 6.2200% $3,000,000<br />
Westpac Term Deposit TD 11‐Nov‐11 11‐Nov‐14 5.9200% $3,000,000<br />
Westpac Term Deposit TD 6‐Sep‐<strong>12</strong> 5‐Dec‐<strong>12</strong> 5.1000% $6,000,000<br />
Total TD's $91,000,000<br />
Cash Fund<br />
Westpac Business Cash Reserve AcCASH 3.50% $4,545,016<br />
Capital Protected Equity Linked NoRating<br />
Purchase<br />
Date Maturity Date Valuation Face Value $ Value Comment / Protection<br />
Emu Note AAA 26‐Oct‐05 30‐Oct‐15 91.240 $1,000,000 $9<strong>12</strong>,400 Commerzbank<br />
L'reach S24 Regional Prop A+ 14‐Dec‐06 13‐Dec‐<strong>12</strong> 99.110 $3,000,000 $2,973,300 Delevered ‐ Deutsche<br />
L'reach S32 Partnership A+ 30‐Nov‐07 23‐Nov‐14 92.430 $3,000,000 $2,772,900 Delevered ‐ UBS<br />
WBC Focus Notes AA 20‐Dec‐06 20‐Dec‐<strong>12</strong> 99.050 $1,000,000 $990,500 Delevered ‐ Westpac<br />
Total Cap Protected Notes $8,000,000 $7,649,100<br />
Portfolio $111,545,016 $109,400,236<br />
Item 08.10<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Other Issues<br />
“Current value $” in the table above is the estimate of current realisable value for the<br />
investment as provided by Denison Advisory Services. It should be noted that this is<br />
not necessarily the amount that is expected to be received upon maturity.<br />
The one remaining CDO investment is now outside of legislative and policy<br />
guidelines, which technically requires remedy. This CDO is unlikely to make maturity,<br />
however the opportunity to exit it is limited.<br />
As reported previously, the Equity Linked notes have been de-levered, meaning no<br />
further interest will be received. Invested capital for those products has reverted to<br />
underlying zero coupon bonds (low risk instruments with highly rated institutions).<br />
Investment Portfolio Summary (Denison Advisory Services)<br />
The following sections relate to <strong>Council</strong>’s portfolio at October month end. PMHC’s<br />
portfolio totals $111.5mm (September $116.5mm) and is represented in the graph<br />
below showing each component – note that these amounts use the face value<br />
amounts of each investment made.<br />
At October month end the market valuation for the portfolio was $109.4mm.<br />
The pricing for Floating Rate Notes improved and the Capital Protected Notes again<br />
rose as they neared their scheduled maturities. The portfolio continues to retain a<br />
high level of overall liquidity. The cash component totals $4.5mm (down slightly from<br />
$7.5mm last month) and both the FRNs and Capital Protected investments can be<br />
liquidated – the TD portfolio has a spread of maturities providing the portfolio<br />
additional liquidity if required.<br />
Market News – Interest Rates<br />
The cash rate was cut to 3.25% in early October on the back of a subdued outlook<br />
for our key resources sector combined with a weaker global growth expectation and<br />
low inflation forecasts.<br />
Item 08.10<br />
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AGENDA<br />
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At the end of October the market was still pricing in subsequent movements down in<br />
the official rate through to September 2013 with increases thereafter.<br />
Physical bank bill rates at the short end of the curve fell aggressively with the 90 day<br />
physical bill dropping to 3.14% from 3.37% (and from 3.65% In August).<br />
Australian government longer term yields rose across the month pushing up to 3.14%<br />
(from 3%) for 10 year maturities which still remain much lower than levels seen in<br />
August.<br />
The Australian Dollar<br />
The Australian Dollar was slightly weaker over October on a trade weighted basis<br />
where it dropped back by just 0.5%.<br />
The currency fell initially against the USD but recovered to finish the month<br />
unchanged. The recovery was driven by robust local employment data, renewed<br />
positive economic news flow from China and subsequently a reduced expectation of<br />
a subsequent rate cut in early November.<br />
Options<br />
This is an information report.<br />
Consultation/Submissions<br />
In order to remain as informed as possible and stay abreast of market changes, there<br />
are a number of different sources <strong>Council</strong> uses for reference, they are listed below.<br />
Consultation takes place with the following institutions regarding market outlook and<br />
the status of <strong>Council</strong>’s current investments:<br />
Dension Advisory Services<br />
ANZ<br />
Westpac Banking Corporation<br />
National Australia Bank<br />
Economic commentary is also referred to from the following:<br />
Financial Press (eg. Financial Review)<br />
Macquarie Research Economics<br />
St George<br />
CBA<br />
Bank West<br />
Westpac Banking Corporation<br />
Planning & Policy Implications<br />
Not applicable.<br />
Item 08.10<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Financial & Economic Implications<br />
<strong>Council</strong>’s total investment portfolio performance for October was 1.90% above the<br />
benchmark (5.57% against 3.67%) and year to date investment income is 52.28% of<br />
the total budget.<br />
Details of investment income performance (Year to Date):<br />
<strong>12</strong>0.00%<br />
Interest Income Performance to Budget<br />
100.00%<br />
80.00%<br />
60.00%<br />
40.00%<br />
20.00%<br />
0.00%<br />
Jul‐<strong>12</strong> Aug‐<strong>12</strong> Sep‐<strong>12</strong> Oct‐<strong>12</strong> Nov‐<strong>12</strong> Dec‐<strong>12</strong> Jan‐13 Feb‐13 Mar‐13 Apr‐13 May‐13 Jun‐13<br />
Budget 8.33% 16.67% 25.00% 33.33% 41.67% 50.00% 58.33% 66.67% 75.00% 83.33% 91.67% 100.00%<br />
Actuals <strong>12</strong>.81% 25.33% 38.88% 52.28%<br />
The graph shows YTD investment income is 52.28% of the annual budget.<br />
Summary of Actual Interest for October 20<strong>12</strong><br />
Total Budget Budget YTD Actual Revenue YTD<br />
$3,633,000 $1,211,000 $1,899,199<br />
Attachments<br />
Nil<br />
Item 08.10<br />
Page 71
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.11<br />
Subject:<br />
TENDER T-<strong>12</strong>-19 FLOOD MITIGATION CHANNEL - BELAH ROAD<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the tender for $271,656.50 (excl GST) from Deklax Pty Ltd<br />
(trading as) Bridle Demolition Earthmoving Recycling for the<br />
construction of a Flood Mitigation Channel – Belah Road Port Macquarie.<br />
2. Approve the transfer of $70,000 to the project budget to address the<br />
funding requirements as detailed in the financial & economic section of<br />
this report.<br />
3. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
Executive Summary<br />
The purpose of this report is to advise <strong>Council</strong> of the results of a recent tender for the<br />
construction of a landscaped earth drainage channel over a length of <strong>12</strong>5 metres<br />
from Belah Road, Port Macquarie to the existing grassed drainage reserve located<br />
directly to the south of lot 101 DP 1156964 and to recommend a successful tenderer<br />
to be appointed for this project.<br />
Discussion<br />
The proposed works involve the construction of a landscaped earth drainage<br />
channel, stormwater pits and culverts to the northern end, walls, floodgates and<br />
gabions to the southern end, modification to the existing stormwater system<br />
traversing the site and fencing of the site. The works area extends for a length of <strong>12</strong>5<br />
metres from Belah Road, Port Macquarie to the existing grassed drainage reserve<br />
located directly to the South of the site.<br />
The works will predominantly comprise the following:<br />
- Construction of a landscaped earth drainage channel.<br />
- Supply and erection of pits and culverts to the northern end of the<br />
channel.<br />
- Supply and erection of walls and floodgates to the southern end of the<br />
channel.<br />
- Supply and erection of gabions to the southern end of the channel.<br />
- Adjust services as required.<br />
Item 08.11<br />
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AGENDA<br />
Ensuring Good Governance<br />
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<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
- Modify existing stormwater drainage.<br />
- Reinstatement of existing kerb and gutter and pavement to the north of<br />
the channel.<br />
- Fences and gates to perimeter of site.<br />
Tenders were first advertised on 30 October and closed at 11:00 am on 22<br />
November 20<strong>12</strong>. During the tender period, some thirty-one (31) individual<br />
organisations downloaded the tender documents from <strong>Council</strong>’s tendering website.<br />
At the closing of tenders, five (5) submissions were received from the following<br />
organisations, shown in no particular order;<br />
- C &C Baker Backhoe Hire;<br />
- Deklax Pty Ltd (t/as) Bridle Demolition Earthmoving Recycling;<br />
- Kerroc Constructions Pty Ltd;<br />
- Kazac Civil Pty Ltd;<br />
- J Newton Construction Pty Ltd.<br />
These submissions were evaluated following the closing of tenders individually by a<br />
Tender Evaluation Panel (TEP) comprising of the following <strong>Council</strong> employees:<br />
- Procurement Coordinator (Probity Advisor);<br />
- Group Manager – Infrastructure Operations;<br />
- Senior Works Engineer;<br />
- Waste and Environmental Engineer;<br />
- Works Engineer.<br />
An initial compliance check was conducted following the closing of the tender by the<br />
Procurement Coordinator to identify submissions that were non-conforming with the<br />
immediate requirements of the request for tender. This included compliance with<br />
contractual requirements and provision of requested information.<br />
The submission received from J Newton Construction Pty Ltd comprised a letter<br />
declining to tender for these works. This letter was provided out of courtesy to<br />
<strong>Council</strong> as representatives had attended an on-site meeting for these works,<br />
however decided not to tender.<br />
It was evident that all other submissions had completed all schedules and addressed<br />
the specified criteria and were therefore considered conforming and were further<br />
evaluated.<br />
The following are the evaluation criteria that were included in the tender document<br />
and are the criteria against which this tenderer was scored:<br />
<br />
<br />
<br />
<br />
<br />
Conformity with the tender documents;<br />
Lump sum price;<br />
Proposed methodology and demonstrated understanding of the project and<br />
services to be awarded;<br />
Demonstrated capacity, experience and performance on similar projects;<br />
Postcode within the PMHC LGA or surrounds.<br />
It should be noted that the weighting of the above criteria was not disclosed to any<br />
tenderer.<br />
Item 08.11<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
The qualitative criteria assessment was carried out individually by the Evaluation<br />
Panel Members for each tender in the days following the closing of the tender with<br />
Panel Members scoring the tenders in accordance with the tender documents and<br />
criteria.<br />
At a tender evaluation meeting held on 22 November, all submissions were<br />
discussed in detail to ensure all submissions were clearly defined and to identify if<br />
any clarification was required. The submission received from Bridle Group did not<br />
provide a Gantt chart as requested as part of this tender, however the tender<br />
submission clearly referenced that this information could not be provided due to I.T<br />
issues shortly before tenders closed. It was deemed appropriate due to the fact that<br />
the tender submission referenced this fact that Bridle Group be afforded the<br />
opportunity to correct this anomaly which they promptly did.<br />
At a second evaluation meeting held on 27 November all scores from the TEP were<br />
combined to demonstrate the ranking of all submissions against the abovementioned<br />
criteria.<br />
Please refer to the attached confidential spreadsheet titled “T-<strong>12</strong>-19 Evaluation &<br />
Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the<br />
tenders as determined by the Evaluation Panel and lists the tender prices offered by<br />
each tenderer. This analysis contains information that would, if disclosed, confer a<br />
commercial advantage on a person with whom the <strong>Council</strong> is conducting (or<br />
proposes to conduct) business. Local <strong>Government</strong> Act 1993 – Section 10A(2(c)).<br />
Please note, there are five (5) pages to this spreadsheet, four (4) demonstrating the<br />
individual rankings from the TEP, and one (1) demonstrating an average of all TEP<br />
scores and Lump Sum Price offered.<br />
The attached spreadsheet demonstrates Bridle Group as being ranked as the<br />
preferred tenderer by each of the TEP members and as an average of all scores. It<br />
should be noted that the average of all scores demonstrates both Bridle Group and<br />
Kazac Civil as scoring favourably against the non-priced criteria however once the<br />
priced scores were included in the evaluations, the spreadsheet clearly identifies<br />
Bridle Group as the preferred tenderer.<br />
At the evaluation meeting held on 27 November it was discussed and agreed that<br />
due to favourable scoring against both priced and non-priced criteria that the TEP<br />
recommend Bridle Demolition Earthmoving Recycling as the successful tender for<br />
the construction of a Flood Mitigation Channel – Belah Road Port Macquarie.<br />
Options<br />
<strong>Council</strong> has the option of accepting the recommendation included in this report or not<br />
accepting same, in which case <strong>Council</strong> would be required to re-tender for these<br />
services.<br />
Item 08.11<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Consultation<br />
- Procurement Coordinator (Probity Advisor);<br />
- Group Manager – Infrastructure Operations;<br />
- Senior Works Engineer;<br />
- Waste and Environmental Engineer;<br />
- Works Engineer;<br />
- Director – Infrastructure Services.<br />
Planning & Policy Implications<br />
The construction of the Belah Road Flood Mitigation Project demonstrates direct<br />
alignment between <strong>Council</strong>‘s actions and the Communities core priorities as<br />
established throughout the development of the current Community Strategic Plan,<br />
Delivery Program and Operational Plan for 20<strong>12</strong>/13. The proposal also aligns with<br />
<strong>Council</strong>‘s Asset Management Strategy, particularly in regard to managing the risks<br />
associated with <strong>Council</strong>’s Stormwater and drainage network.<br />
Financial & Economic Implications<br />
The construction of the Belah Road Flood Mitigation Project is scheduled in <strong>Council</strong>‘s<br />
delivery programme for 20<strong>12</strong>/13.<br />
Funds in the amount of $230,000 have been allocated in <strong>Council</strong>‘s 20<strong>12</strong>/13 budgets<br />
for the construction of this project. The recommended tender amount of $271,656<br />
exceeds the available budget by $41,656. The proposed transfer of $70,000 from<br />
the budgets as listed below forms one of the recommendations of this report and<br />
provides an allocation for expenses already incurred for the project and an<br />
appropriate contingency based on the project risks.<br />
General Ledger Description Budget Decrease<br />
41185 Stormwater Asset Mgt-Condition Rating $20,000<br />
41068 Kendall Village Stormwater Catchment $20,000<br />
Analysis<br />
569.3562 Other Stormwater Drainage Maintenance $30,000<br />
The proposed transfers of funding will have an impact on the delivery of the<br />
stormwater projects listed, however it is considered that the Belah Road project has a<br />
higher priority given the history of flooding and associated risk on adjoining properties<br />
in Belah Road.<br />
The construction of the Belah Road Flood Mitigation Project will have positive<br />
economic implications in terms of reducing the frequency of stormwater inundation of<br />
the Belah Road and nearby businesses as its primary objective.<br />
Attachments<br />
1. T-<strong>12</strong>-19 Evaluation & Pricing Analysis (Confidential)<br />
Item 08.11<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
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Item: 08.<strong>12</strong><br />
Subject:<br />
TENDER T-<strong>12</strong>-20 SUPPLY & DELIVERY OF BURIAL PLAQUES<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the tender from Phoenix Foundry Pty Ltd for the Supply and<br />
Delivery of Burial & Cremation Plaques for the period 1 January 2013 to<br />
31 <strong>December</strong> 2015 with a further <strong>12</strong> month option available.<br />
2. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
Executive Summary<br />
The purpose of this report is to advise <strong>Council</strong> of the results of a recent tender for the<br />
Supply & Delivery of Burial & Cremation Plaques and to recommend a successful<br />
tenderer be appointed for these categories of products.<br />
Discussion<br />
Background: <strong>Council</strong> has a requirement for Traditional and Contemporary Bronze<br />
Memorial Plaques to be used at Port Macquarie Crematorium and Lawn Cemetery<br />
and outlying Cemeteries within the local government area. Whilst <strong>Council</strong> have<br />
purchased Bronze and Memorial Plaques for many years it has now become a<br />
requirement to formally tender for this range of products.<br />
This tender was first advertised on 16 October 20<strong>12</strong> and closed at 11:00 am 8<br />
November 20<strong>12</strong>. During the tender period, some eleven (11) individual organisations<br />
downloaded the tender documents from <strong>Council</strong>'s tendering website.<br />
At the time of closing, four (4) submissions were received from the following<br />
organisations in no particular order:<br />
- Everlon Bronze;<br />
- Phoenix Foundry Pty Ltd;<br />
- Matthews Bronze Pty Ltd (t/as) Arrow Bronze;<br />
- Awards & Promotional Supplies Pty Ltd.<br />
Item 08.<strong>12</strong><br />
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A Tender Evaluation Panel (TEP) was formed which included the following staff:<br />
- Procurement Coordinator;<br />
- Procurement & Contracts Officer;<br />
- Crematorium & Cemeteries Manager.<br />
An initial compliance check was conducted following the closing of the tender by the<br />
Procurement Coordinator to identify submissions that were non-conforming with the<br />
immediate requirements of the request for tender. This included compliance with<br />
contractual requirements and provision of requested information.<br />
It was evident from submissions received that all tenderers had completed all<br />
schedules and addressed the specified criteria and were therefore considered<br />
conforming and further evaluated.<br />
The qualitative criteria assessment was carried out by the Evaluation Panel Members<br />
in the days following the closing of the tender with Panel Members scoring the<br />
tenders in accordance with the tender documents and criteria.<br />
The criteria included in the tender document were agreed at a pre-tender meeting by<br />
the TEP and are listed below. It should be noted that the weighting of these criteria<br />
were not disclosed to any tenderer:<br />
- Conformity with the tender documents;<br />
- Rates tendered;<br />
- Tenderers experience in carrying out similar works as stated in this Tender<br />
Agreement. A minimum of two (2) referees are to be provided;<br />
- Supply lead times and ability to provide required quantities and quality;<br />
- Quality Management Systems (QMS), OH&S Management Systems &<br />
Environmental Management Systems.<br />
At an evaluation meeting on 22 November 20<strong>12</strong> the TEP scored all submissions as a<br />
consensus to demonstrate a ranking for priced and non-priced criteria.<br />
Please refer to the attached confidential spreadsheet titled “T-<strong>12</strong>-20 Evaluation &<br />
Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the<br />
tenders as determined by the Evaluation Panel and lists the tender prices offered by<br />
each of the tenderers. This analysis contains information that would, if disclosed,<br />
confer a commercial advantage on a person with whom the <strong>Council</strong> is conducting (or<br />
proposes to conduct) business. Local <strong>Government</strong> Act 1993 – Section 10A(2(c)).<br />
Please note, there are two (2) pages to this spreadsheet, one (1) demonstrating the<br />
individual criteria scores and pricing totals applied against 2011/<strong>12</strong> usage for all<br />
submissions and one (1) showing the tendered pricing against each item requested<br />
as part of this tender.<br />
At the evaluation meeting, each submission was discussed in detail to highlight any<br />
issues with the submission or inconsistencies between the TEP scores. It should be<br />
noted that no clarification was required and it was clear that the TEP were satisfied<br />
that all submissions had clearly demonstrated their offer against all criteria.<br />
It was evident that the submissions from Arrow Bronze, Phoenix and Everlon Bronze<br />
were ranked very closely in relation to the pricing component when applied against<br />
Item 08.<strong>12</strong><br />
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the usage within the last year. The prices tendered for individual items from Phoenix<br />
and Arrow Bronze were further demonstrated as being extremely competitive. In<br />
relation to supply lead times, it was demonstrated that Phoenix was able to deliver all<br />
products within two (2) weeks which was considered very favourable for <strong>Council</strong>’s<br />
requirements.<br />
The evaluation score sheet attached demonstrates Phoenix as ranked first however it<br />
should be noted that Arrow Bronze was ranked very closely. When recommending a<br />
preferred tenderer it was discussed and agreed that favourable pricing, excellent lead<br />
times, demonstrated experience with supplying these products, combined with many<br />
years of favourable service to <strong>Council</strong> that the TEP recommends Phoenix Foundry<br />
Pty Ltd as the successful tenderer for the Supply & Delivery of Burial & Cremation<br />
Plaques.<br />
Options<br />
<strong>Council</strong> has the option of accepting the recommended tenderer or not accepting<br />
same, in which case <strong>Council</strong> would be required to re-tender for these goods and<br />
services.<br />
Consultation/Submissions<br />
- Procurement Coordinator;<br />
- Procurement & Contracts Officer;<br />
- Crematorium & Cemeteries Manager.<br />
Planning & Policy Implications<br />
There are no planning and policy impacts associated with this tender.<br />
Financial & Economic Implications<br />
The successful tenderer will be used on an as needs basis for jobs within approved<br />
budgets.<br />
Attachments<br />
1. T-<strong>12</strong>-20 Evaluation & Pricing Analysis (Confidential)<br />
Item 08.<strong>12</strong><br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.13<br />
Subject:<br />
TENDER T-<strong>12</strong>-21 PURCHASE OF TWO (2) MOTOR GRADERS<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the tender for $314,911.11 (Ex GST) received from Hitachi<br />
Construction Equipment Pty Ltd for the Supply & Delivery of one (1)<br />
John Deere 670G Motor Grader including option of tilting front blade.<br />
2. Accept the tender for $337,311.11 (Ex GST) received from Hitachi<br />
Construction Equipment Pty Ltd for the Supply & Delivery of one (1)<br />
John Deere 670GP Motor Grader including option of tilting front blade<br />
and grader blade model upgrade (14ft).<br />
3. Accept the trade in offer of $140,000.00 (Ex GST) received from Hitachi<br />
Construction Equipment Pty Ltd for two (2) 1996 Caterpillar <strong>12</strong>G Motor<br />
Graders leaving a net changeover cost to <strong>Council</strong> of $5<strong>12</strong>,222.22 (Ex<br />
GST).<br />
4. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
Executive Summary<br />
The purpose of this report is to advise <strong>Council</strong> of the results of a recent tender for the<br />
Supply & Delivery of two (2) Motor Graders (including trade-in offers of two (2) Motor<br />
Graders) and to recommend a successful tenderer for the supply of these items of<br />
plant.<br />
Discussion<br />
Provision was made in the 20<strong>12</strong>/13 Plant Replacement Programme for the<br />
replacement of two (2) of <strong>Council</strong>’s Motor Graders that had reached their optimal<br />
economic life for replacement.<br />
These Motor Graders are used in the Infrastructure Division for rural road<br />
maintenance and road construction throughout the Local <strong>Government</strong> Area.<br />
Tenders were first advertised on 14 August and closed on 27 September 20<strong>12</strong>.<br />
During the tender period, some eleven (11) individual organisations downloaded the<br />
tender documents from <strong>Council</strong>’s tendering website.<br />
Item 08.13<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
At the closing of tenders, eight (8) submissions were received from the following<br />
organisations in no particular order;<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Westrac Pty Ltd;<br />
Komatsu Australia Pty Ltd;<br />
Hitachi Construction Machinery (Australia) Pty Ltd;<br />
Schmutter Earthmoving & Demolition (Trade-in offer only);<br />
Milroy Past Co (Trade-in offer only);<br />
Gamer’s Motor Auctions (Trade-in offer only);<br />
CJD Equipment (Volvo);<br />
Lonking Asia Pacific Pty Ltd.<br />
These submissions were evaluated in the weeks following the closing of tenders by a<br />
Tender Evaluation Panel (TEP) comprising of the following <strong>Council</strong> employees:<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Group Manager Infrastructure Operations;<br />
Unsealed Roads & Bridge Coordinator.<br />
The following are the evaluation criteria that were included in the tender document<br />
and the criteria against which tenders were scored:<br />
- Rates Tendered;<br />
- Value for money;<br />
- Compliance with technical specification requirements;<br />
- Mechanical assessment, serviceability, quality of drive components;<br />
- Operational suitability to <strong>Council</strong>s applications;<br />
- Company support warranty, parts availability and technical backup;<br />
- Additional technical features, not specified, appropriate to <strong>Council</strong>s operation.<br />
Please refer to the attached confidential spreadsheet titled “T-<strong>12</strong>-21 Evaluation &<br />
Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the<br />
tenders as determined by the Evaluation Panel and lists the tender prices offered by<br />
this tenderer. This analysis contains information that would, if disclosed, confer a<br />
commercial advantage on a person with whom the <strong>Council</strong> is conducting (or<br />
proposes to conduct) business. Local <strong>Government</strong> Act 1993 – Section 10A(2(c)).<br />
Please note, there are six (6) pages to this spreadsheet, three (3) demonstrating the<br />
individual panel members scores, one (1) demonstrating the combined scores and<br />
price summary, one (1) demonstrating the details of pricing offered and one (1)<br />
demonstrating the compliance of each machine to the specifications.<br />
Tender demonstrations of selected machines are typically requested prior to the TEP<br />
making its recommendation, however in this case it was discussed and agreed that<br />
demonstrations were not required as a process of practical demonstration was<br />
conducted recently when <strong>Council</strong> replaced two (2) rural road maintenance graders<br />
that were introduced to <strong>Council</strong>s fleet in May 20<strong>12</strong>.<br />
On that occasion demonstration of all machines tendered was requested with an<br />
evaluation panel being formed for a final decision based on the assessment criteria<br />
included in the specification.<br />
Item 08.13<br />
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A further operational group that included <strong>Council</strong>’s four (4) current operators, two (2)<br />
plant mechanics and the Fleet Services Manager provided detailed input highlighting<br />
their individual expertise.<br />
On completion of the demonstrations all staff involved provided individual written<br />
assessments on the operational and mechanical suitability of each motor grader for<br />
<strong>Council</strong> that formed a part of the final weighted assessment evaluation. It was due to<br />
this thorough assessment process the TEP decided that due to the fact that the same<br />
companies and models were tendered that there was no need to go through the<br />
demonstration process again.<br />
The only additional tender from the previous assessment was from Lonking Asia<br />
Pacific Pty Ltd offering an unknown model being the XGMA motor grader. The TEP<br />
assessed the specification of this machine and agreed that it would not be a<br />
preferred option for <strong>Council</strong>, this was confirmed with its rating on completion of the<br />
final assessment scoresheet. It was these factors, combined with extended delays<br />
with the nominated delivery timeframe, it was agreed there was no need for a<br />
demonstration.<br />
From the six (6) machines previously demonstrated two (2) machines were assessed<br />
as being superior which were the John Deere 670G and Volvo G930 with very little<br />
difference in the final weighted assessment.<br />
The assessment of the John Deere 670G machine was preferred mainly due to its<br />
superior serviceability for both operators and mechanical staff and the considered<br />
resale value at completion of its economical life. Although the John Deere 670G<br />
motor grader is more expensive in the initial outlay it was considered that due to its<br />
high percentage of market share over its competition that <strong>Council</strong> would benefit in the<br />
long term.<br />
It should also be acknowledged that in line with best practice of fleet management<br />
strategy it is advantageous to maintain a standardised fleet of make and models<br />
where possible as it leads to cost effective maintenance and a large reduction of<br />
required inventory of filters and spare parts on hand.<br />
During the evaluation process the TEP also considered the two models of John<br />
Deere motor graders offered one being the 670G and the other a 670GP. Whilst both<br />
graders have the same specifications, the 670GP model includes a joy stick control<br />
and an automated electronic cross slope control system.<br />
- The joy stick control is an eight armrest-mounted fingertip-actuated controls,<br />
including steering levers which are arranged in the industry-standard pattern<br />
on each side of the actual steering wheel. This function gives a more accurate<br />
final trim when operated with the automatic electronic cross slope system.<br />
- Automated electronic cross slope simplifies holding a consistent slope by<br />
reducing operation to a single lever. An operator simply selects the<br />
desired slope and the side of the blade that will be manually controlled.<br />
Once set, the system automatically adjusts the opposite blade lift cylinder<br />
to maintain a consistent slope.<br />
These functions were considered a great option for the construction grader during the<br />
final trim as the slope from the centre of the road to the shoulders are considered a<br />
Item 08.13<br />
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vital aspect in preparing a good road surface prior to bitumen sealing. This option<br />
eliminates the possibility of operator error and provides a consistent grade along the<br />
total length of the newly constructed road surface.<br />
The need for this function in the rural areas is not warranted as the roads are left as<br />
gravel surfaces and therefore the TEP recommendation is to only purchase one (1)<br />
670GP model at an additional cost of $22,400.00 (Ex GST) for construction work.<br />
This included the upgrading of the <strong>12</strong>ft grading blade to a 14ft blade.<br />
Options<br />
<strong>Council</strong> has the option of accepting the recommended tenderer or not accepting<br />
same, in which case <strong>Council</strong> would be required to re-tender for these goods and<br />
services.<br />
Consultation<br />
<br />
<br />
<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Group Manager Infrastructure Operations;<br />
Unsealed Roads & Bridge Coordinator;<br />
Plant Operators;<br />
Plant Mechanics;<br />
Procurement Coordinator.<br />
Planning & Policy Implications<br />
There are no planning and policy impacts associated with this tender.<br />
Financial & Economic Implications<br />
Funding is available in <strong>Council</strong>'s Plant Reserve for these replacements.<br />
Attachments<br />
1. Evaluation and Pricing Analysis (Confidential)<br />
Item 08.13<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.14<br />
Subject:<br />
TENDER T-<strong>12</strong>-24 PURCHASE OF ONE (1) LANDFILL COMPACTOR<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the tender for $816,041.24 (Excl GST) received from GCM Enviro<br />
Pty Ltd for the Supply & Delivery of one (1) Landfill Compactor including<br />
options of tilting front blade, reversing camera, extended warranty and<br />
GPS engine diagnostic system.<br />
2. Accept the trade in offer of $140,000.00 (Excl GST) received from GCM<br />
Enviro Pty Ltd for one (1) 2004 Tanna G400 Landfill Compactor leaving a<br />
net changeover cost to <strong>Council</strong> of $676,041.24 (Excl GST).<br />
3. Affix the seal of <strong>Council</strong> to the necessary documents.<br />
Executive Summary<br />
The purpose of this report is to advise <strong>Council</strong> of the results of a recent tender for the<br />
Supply & Delivery of one (1) Landfill Compactor (including trade-in offers of one (1)<br />
Landfill Compactor) and to recommend a successful tenderer for the supply of this<br />
item of plant.<br />
Discussion<br />
Provision was made in the 20<strong>12</strong>/13 Plant Replacement Programme for the<br />
replacement of one (1) of <strong>Council</strong>’s Landfill Compactors that had reached its optimal<br />
economic life for replacement.<br />
This Landfill Compactor is used in the Development & Environmental Division for use<br />
at the Cairncross Waste Management Facility.<br />
Tenders were first advertised on 21 August and closed on 27 September 20<strong>12</strong>.<br />
During the tender period, some eight (8) individual organisations downloaded the<br />
tender documents from <strong>Council</strong>’s tendering website.<br />
At the closing of tenders, four (4) submissions were received from the following<br />
organisations in no particular order;<br />
<br />
<br />
Westrac Pty Ltd; - Caterpillar 826H<br />
BT Equipment Pty Ltd (t/as) Tutt Bryant Equipment; - Bomag BC772RB-2<br />
Item 08.14<br />
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North West Services Pty Ltd;- Bomag BC772RB-2<br />
GCM Enviro Pty Ltd. – Tanna E380 & Tanna E320.<br />
These submissions were evaluated in the weeks following the closing of tenders by a<br />
Tender Evaluation Panel (TEP) comprising of the following <strong>Council</strong> employees:<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Environmental Engineer;<br />
Waste Coordinator.<br />
The following are the evaluation criteria that were included in the tender document<br />
and the criteria against which tenders were scored:<br />
- Rates Tendered;<br />
- Value for money including full operational costs to 6000hrs;<br />
- Compliance with technical specification requirements;<br />
- Mechanical assessment, serviceability, quality of drive components;<br />
- Operational suitability to <strong>Council</strong>s applications;<br />
- Company support warranty, parts availability and technical backup;<br />
- Additional technical features, not specified, appropriate to <strong>Council</strong>s operation.<br />
Please refer to the attached confidential spreadsheet titled “T-<strong>12</strong>-24 Evaluation &<br />
Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the<br />
tenders as determined by the Evaluation Panel and lists the tender prices offered by<br />
this tenderer. This analysis contains information that would, if disclosed, confer a<br />
commercial advantage on a person with whom the <strong>Council</strong> is conducting (or<br />
proposes to conduct) business. Local <strong>Government</strong> Act 1993 – Section 10A(2(c)).<br />
Please note, there are six (6) pages to this spreadsheet, three (3) demonstrating the<br />
individual panel members scores, one (1) demonstrating the combined scores and<br />
price summary, one (1) demonstrating the specifications of the machines offered and<br />
one (1) demonstrating the compliance of each machine to the specifications.<br />
All compactors tendered provide a variety of different features specific to their<br />
operations however the main focus is on their ability to compact. Each tenderer has<br />
provided information on the compaction rates of their machine however when<br />
analysing this information it is difficult to evaluate as it is dependent of a number of<br />
factors related to how <strong>Council</strong>s landfill operations are managed and the type of<br />
materials that the land fill site work on and with, with each company claiming their<br />
machine has the most favourable compaction rate.<br />
Due to the above factors, it is considered that all machines offer a similar rate of<br />
compaction for the purposes of this evaluation. It was further considered that<br />
demonstrations would not be required as the assessment panel agreed that the<br />
outcome would not be altered after any demonstration as all machines were<br />
assessed as being suitable.<br />
The TEP, when evaluating these machines from the specifications provided<br />
considered the single drum operation of the Tana E380 compactor as an advantage<br />
as it is the only machine that operates with a full width front (2660mm) and rear<br />
(3800mm) compaction drum over the other two machines that offer four single drums<br />
Cat 826H <strong>12</strong>00mm/<strong>12</strong>00mm and Bomag BC772RB-2 1350mm/1<strong>12</strong>5mm in width.<br />
Item 08.14<br />
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Due to the size of the compaction drum, the Tana E380 covers more ground<br />
compaction in one pass introducing a higher level of productivity and furthermore, it<br />
was agreed that there would be no loss in compaction rates between this and other<br />
machines. As stated above, this is determined by the type of landfill site and<br />
materials the machine is operating with and in.<br />
The Bomag BC772RB-2 offered from North West Services was considered to be very<br />
competitive machine however when all scores from the TEP were combined for all<br />
evaluation criteria, the evaluation result clearly demonstrates GCM Enviro as the<br />
supplier ranked most favourably when all criteria were considered.<br />
Of the four (4) submissions received, three (3) tenders offered trade-in values<br />
ranging from $55,000 to $154,000 and one (1) company (North West Services)<br />
offered no trade at all.<br />
The highest trade offered was from GCM Enviro, which has provided a very attractive<br />
net changeover cost to <strong>Council</strong> over the other tenders.<br />
The option of not trading would leave <strong>Council</strong> with considerable risk as its older<br />
compactor would need to be disposed of through auction and may not achieve a<br />
resultant sale. Market research has indicated there is very little demand for this type<br />
of machine due to its specific application. As no private buyer through this tender<br />
process has offered to purchase the machine, this further indicates the only value of<br />
the trade lies with the original supplier GCM Enviro due to their opportunity to use<br />
various components in their existing machines as spares or alternatively to rebuild<br />
used machines for resale, such as the way <strong>Council</strong> has been operating with the<br />
rebuilt used compactors supplied by GMC Enviro previously. It should also be noted<br />
that the evaluation scores from the TEP did not consider the trade-in offered from<br />
tenderers and on this basis GMC Enviro was still the preferred option.<br />
At a tender evaluation meeting held on 25th October 20<strong>12</strong> scores were combined<br />
from the individual scores of each TEP member to demonstrate an average of these<br />
scores and rank all tenders. The attached Evaluation & Pricing Analysis<br />
demonstrates all TEP members had ranked GCM Enviro as the preferred option. It<br />
was discussed and agreed that favourable changeover price combined with<br />
operational suitability and ongoing maintenance and support, that GCM Enviro Pty<br />
Ltd be recommended as the successful tenderer for the Supply & Delivery of one (1)<br />
Tana E380 Landfill Compactor & the trade-in offered for one (1) 2004 Tana G400<br />
Landfill Compactor.<br />
Options<br />
<strong>Council</strong> has the option of accepting the recommended tenderer or not accepting<br />
same, in which case <strong>Council</strong> would be required to re-tender for these goods and<br />
services.<br />
Item 08.14<br />
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Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Consultation/Submissions<br />
<br />
<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Environmental Engineer<br />
Waste Coordinator;<br />
Plant Operators;<br />
Plant Mechanics.<br />
Planning & Policy Implications<br />
There are no planning and policy impacts associated with this tender.<br />
Financial & Economic Implications<br />
This initial capital cost will be funded through the Waste Management Funds. The<br />
trade-in value is to be returned to the Plant Reserve (being the original funding<br />
source) and the ongoing operational costs will be managed through the Fleet<br />
Services section with future replacements from the plant reserve.<br />
Attachments<br />
1. T-<strong>12</strong>-24 Evaluation & Pricing Analysis (Confidential)<br />
Item 08.14<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 08.15<br />
Subject:<br />
TENDER T-<strong>12</strong>-25 SUPPLY & DELIVERY OF ONE (1) ELEVATED<br />
WORK PLATFORM (EWP)<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
1.5.3 Ensure ratepayer value for money through continual improvement in quality<br />
and efficiency of <strong>Council</strong> services.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Decline to accept the tender received from Nifty Pty Ltd for the Supply &<br />
Delivery of one (1) Elevated Work Platform. (In accordance with Local<br />
<strong>Government</strong> (General) Regulations 2005 - 178 1(b)) due to the machine<br />
not being able to meet all of <strong>Council</strong>’s operational requirements; and<br />
2. Selectively invite tenders from the below list of organisations for the<br />
Supply & Delivery of one (1) Elevated Work Platform. (In accordance with<br />
Local <strong>Government</strong> (General) Regulations 2005 - 178 3(b))<br />
- Monitor Industries;<br />
- Platform Sales Australia Pty Ltd;<br />
- Snorkel Australia Pty Ltd.<br />
Executive Summary<br />
The purpose of this report is to advise <strong>Council</strong> of the results of a recent tender for the<br />
Supply & Delivery of one (1) Elevated Work Platform (EWP) and to recommend<br />
alternative action for the supply of this item of plant.<br />
Discussion<br />
Provision was made in the 20<strong>12</strong>/13 Plant Replacement Programme for the purchase<br />
of an additional Elevated Work Platform.<br />
This EWP will be used for a dual purpose of tree lopping and pruning within the<br />
Parks & Recreation section and electrical maintenance of sporting field lighting within<br />
the Engineering Trades Section.<br />
It was discussed and agreed that whilst it was going to be difficult for any EWP to<br />
meet all <strong>Council</strong> work requirements, pre-tender investigations of the market gave the<br />
TEP confidence that a suitable machine could be procured.<br />
Item 08.15<br />
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AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Tenders were first advertised on <strong>12</strong> September and closed on 25 October 20<strong>12</strong>.<br />
During the tender period, some eighteen (18) individual organisations downloaded<br />
the tender documents from <strong>Council</strong>’s tendering website.<br />
At the closing of tenders only one (1) submission was received from the following<br />
organisation:-<br />
<br />
Nifty Pty Ltd Model - Nifty SD210<br />
This submission was evaluated in the weeks following the closing of tenders by a<br />
Tender Evaluation Panel (TEP) comprising of the following <strong>Council</strong> employees:<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Tree Inspection Officer;<br />
Electrical Project Officer.<br />
A specification had been developed to give all suppliers an opportunity to allow them<br />
to demonstrate their product to <strong>Council</strong>. Since only one (1) company tendered, the<br />
TEP still agreed it appropriate to have a demonstration of the Nifty SD210 to evaluate<br />
its operational suitability to <strong>Council</strong>’s requirements.<br />
<strong>Council</strong>’s requirements are focused on two (2) areas of its operation;<br />
- Tree pruning and lopping within the Parks & Recreation section.<br />
This area of work is specialised and requires an EWP that could reach 21m<br />
with a horizontal outreach of a minimum of 10m and be flexible enough to<br />
manoeuvre between trees to access locations within <strong>Council</strong>’s reserves.<br />
- Electrical maintenance of lights and light towers both within <strong>Council</strong>’s buildings,<br />
sporting fields and public areas.<br />
Upon completion of the demonstration the TEP assessment found that the Nifty<br />
SD210 although meeting the specification requirements fell short in certain<br />
operational areas mainly due to the locations that this EWP was required to work at<br />
and in.<br />
The TEP found the following areas where this machine was not able to fulfil <strong>Council</strong>’s<br />
requirements;<br />
- The set up width of 4.2m was not reducible and concerns to the distance it<br />
would sit on the road way when the unit was being used to lop trees close to<br />
the bitumen edge;<br />
- The total weight of the unit at 3.9 tonne would require a six (6) tonne or greater<br />
truck to transport;<br />
- The machine had four individual tyres for its mobility that raised concern with<br />
damage to playing fields as compared to a model that operated on tracks;<br />
- The machine did not have remote control and could only be operated from the<br />
basket.<br />
Item 08.15<br />
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- Restrictions around the operation of the stabiliser legs.<br />
Although this machine was mechanically acceptable it was considered that it would<br />
only be able to handle approximately 60% of the work required and therefore was<br />
assessed as being unsatisfactory for <strong>Council</strong>’s operations. It should be noted that<br />
further enquiries were made of any other machines supplied by Nifty that may meet<br />
<strong>Council</strong>’s requirements however no suitable options were able to be supplied.<br />
The following are the evaluation criteria that were included in the tender document<br />
and the criteria against which tenders were scored:<br />
- Conformity with the tender documents;<br />
- Whole of life cost to operate including value for money;<br />
- Compliance with technical specification requirements;<br />
- Operational suitability to <strong>Council</strong>s applications;<br />
- Company support warranty, parts availability and technical backup;<br />
- Mechanical assessment of Plant;<br />
- Additional technical features, not specified, appropriate to councils operation;<br />
- Environmental Assessment.<br />
It should be noted that the weightings of the above criteria was not disclosed to any<br />
tenderer.<br />
Please refer to the attached confidential spreadsheet titled “T-<strong>12</strong>-25 Evaluation &<br />
Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the<br />
tenders as determined by the Evaluation Panel and lists the tender price offered by<br />
this tenderer. This analysis contains information that would, if disclosed, confer a<br />
commercial advantage on a person with whom the <strong>Council</strong> is conducting (or<br />
proposes to conduct) business. Local <strong>Government</strong> Act 1993 – Section 10A(2(c)).<br />
Please note, there are four (4) pages to this spreadsheet, three (3) demonstrating the<br />
individual panel members scores, one (1) demonstrating the combined scores and<br />
price summary.<br />
Pre-tender investigations indicated three (3) machines that may meet <strong>Council</strong>’s<br />
requirements were available. These machines are available from the list of suppliers<br />
Below;<br />
- Monitor Industries;<br />
- Platform Sales Australia Pty Ltd;<br />
- Snorkel Australia Pty Ltd.<br />
It was anticipated at the time of advertising that some or all of these suppliers may<br />
submit a tender however as indicated, at the closing of tenders only one (1)<br />
submission was received, that being from Nifty Pty Ltd.<br />
It is for the above reasons the TEP recommends to;<br />
- Decline to accept the tender received from Nifty Pty Ltd.<br />
- Invite tenders from the abovementioned organisations.<br />
Item 08.15<br />
Page 89
AGENDA<br />
Ensuring Good Governance<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Options<br />
<strong>Council</strong> has the option to accept the recommendations of this report or not accept<br />
same, in which case <strong>Council</strong> would be required to re-tender for this plant item.<br />
Consultation/Submissions<br />
<br />
<br />
<br />
<br />
<br />
<br />
Fleet Services Manager;<br />
Tree Inspection Officer;<br />
Electrical Project Officer;<br />
Telemetry Co-ordinator;<br />
Plant Operators;<br />
Electrical Technicians.<br />
Planning & Policy Implications<br />
There are no planning and policy impacts associated with this tender.<br />
Financial & Economic Implications<br />
Provision was made in the 20<strong>12</strong>/13 Plant Replacement Programme and will be<br />
funded from the plant reserve.<br />
Attachments<br />
1. T-<strong>12</strong>-25 Evaluation & Pricing Analysis (Confidential)<br />
Item 08.15<br />
Page 90
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
What are we trying to achieve?<br />
Our social infrastructure and community programs create a healthy, inclusive and<br />
vibrant community.<br />
What will the result be?<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Community hubs which provide access to services and social connections.<br />
Services that support an ageing community to live in a way that they desire.<br />
Available and accessible preventative health and medical services.<br />
A safe, caring and connected community.<br />
A healthy and active community that is supported by recreational infrastructure<br />
A strong community that is able to identify and address social issues.<br />
Community participation in events, programs, festivals and activities.<br />
How do we get there?<br />
2.1 Create an environment and culture that allows the Port Macquarie-<strong>Hastings</strong><br />
community to feel safe.<br />
2.2 Provide young people with a range of leisure activities and opportunities for<br />
personal development.<br />
2.3 Provide medical and social services for all members of the community.<br />
2.4 Develop partnerships within the community to build on existing strengths and<br />
improve areas of social disadvantage.<br />
2.5 Create events and activities that promote interaction and education.<br />
2.6 Provide social and community infrastructure and services.<br />
2.7 Empower the community to be active and involved in community life.<br />
2.8 Promote cultural and artistic expression.<br />
2.9 Promote a healthy lifestyle through education, support networks and facilities.<br />
Page 91
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 09.01<br />
Subject:<br />
ANNUAL REPORTING OF CONTRACTS FOR SENIOR STAFF<br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
1.4.1 Comply with Local <strong>Government</strong> legislation, policies and agreed standards and<br />
communicate the impacts of this to the community.<br />
RECOMMENDATION<br />
That <strong>Council</strong> note the contractual conditions for the following Senior roles in<br />
the Organisation:<br />
General Manager<br />
Director Infrastructure Services<br />
Director Community and Cultural Development<br />
Director Corporate and Business Services<br />
Director Development and Environmental Services<br />
Executive Summary<br />
The Local <strong>Government</strong> Act requires the General Manager to report to <strong>Council</strong> on the<br />
contractual conditions of senior staff on an annual basis.<br />
Details are provided in the confidential attachment titled “20<strong>12</strong> Senior Staff<br />
Contractual Arrangements” which contains information that relates to personnel<br />
matters concerning particular individuals (other than <strong>Council</strong>lors). Local <strong>Government</strong><br />
Act 1993 – Section 10A(2)(a).<br />
Discussion<br />
Under the <strong>NSW</strong> Local <strong>Government</strong> Act 1993, in particular s338, there is a<br />
requirement that annually a report is submitted to <strong>Council</strong> outlining the contractual<br />
conditions of senior staff. The Local <strong>Government</strong> Act outlines under s338 the<br />
following:<br />
338 Nature of contracts for senior staff<br />
(1) The general manager and other senior staff of a council are to be employed under<br />
contracts that are performance-based.<br />
(2) The term of a contract must not be less than <strong>12</strong> months or more than 5 years (including<br />
any option for renewal). A term that is less than <strong>12</strong> months is taken to be for <strong>12</strong> months<br />
and a term for more than 5 years is taken to be limited to 5 years.<br />
(3) Contracts may be renewed from time to time.<br />
(4) The Director-General may, by order in writing, approve one or more standard forms of<br />
contract for the employment of the general manager or other senior staff of a council.<br />
Item 09.01<br />
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(5) A standard form of contract approved by the Director-General is not to include<br />
provisions relating to the level of remuneration or salary (including employment<br />
benefits) of the general manager or other senior staff of a council, performance-based<br />
requirements or the duration of the contract.<br />
(6) A council is not to employ a person to a position to which one or more standard forms<br />
of contract approved for the time being under this section applies or apply except under<br />
such a standard form of contract.<br />
(7) The council may include in an employment contract for the general manager or another<br />
member of the senior staff additional provisions to those contained in the standard form<br />
of contract but only if those provisions relate to any of the following:<br />
(a) the level of remuneration or salary (including employment benefits) of the<br />
(b)<br />
person employed under the contract,<br />
subject to subsections (1) and (2), performance-based requirements or the<br />
duration of the contract.<br />
(8) Despite subsection (6), the approval, amendment or substitution of a standard form of<br />
contract under this section does not affect any employment contract between a council<br />
and the general manager of the council or another member of the senior staff of the<br />
council if the employment contract was entered into before the approval, amendment or<br />
substitution of the standard form of contract.<br />
(9) However, subsection (6) does apply to the renewal of any such employment contract<br />
occurring after the standard form of contract is approved, amended or substituted and<br />
to all new contracts entered into after the standard form of contract is approved,<br />
amended or substituted.<br />
The current requirements of the Director-General are that all officers identified as<br />
senior officers are required to be employed under a contract that applies to the<br />
Senior Executive Service (SES) of the <strong>NSW</strong> State Public Sector.<br />
The following employees of council have been identified as Senior Staff:<br />
General Manager<br />
Director Infrastructure Services<br />
Director Community and Cultural Development<br />
Director Corporate and Business Services<br />
Director Development and Environmental Services<br />
Each of these employees are also employed under the standard contract approved<br />
by the Director-General. Under this arrangement there are requirements to develop a<br />
performance plan and at least annually undertake a performance review. Following<br />
successful completion of the performance review, an increase is applied to the salary<br />
component of the total remuneration package. The level of increase is set by the<br />
SES remuneration tribunal on an annual basis.<br />
Options<br />
<strong>Council</strong> needs to receive the report on an annual basis.<br />
Consultation<br />
Group Manager Organisational Development.<br />
Planning & Policy Implications<br />
Nil as this is a legislative reporting requirement.<br />
Item 09.01<br />
Page 93
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Financial & Economic Implications<br />
In the annual budget, funds are allocated to not only remunerate the senior staff but<br />
all employees of the <strong>Council</strong>.<br />
Attachments<br />
1. 20<strong>12</strong> Senior Staff Contractual Arrangements (Confidential)<br />
Item 09.01<br />
Page 94
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 09.02<br />
Subject:<br />
RECOMMENDED ITEMS FROM THE PMH SPORTING FUND SUB-<br />
COMMITTEE MEETING HELD 1 NOVEMBER 20<strong>12</strong><br />
Presented by: Executive Services, Anthony Hayward<br />
Alignment with Delivery Program<br />
2.9.1 Provide a range of sporting and recreational opportunities.<br />
RECOMMENDATION<br />
That <strong>Council</strong>, pursuant to provisions of Section 356 of the Local <strong>Government</strong><br />
Act 1993, grant financial assistance from the Port Macquarie-<strong>Hastings</strong><br />
Sporting Fund to:<br />
1. Ms Megan Cooper $350.00 (ex GST) to assist with expenses she would<br />
have incurred competing at the National Bouldering Titles held in<br />
Sydney on 14 October 20<strong>12</strong>.<br />
2. Ms Melissa Norup $1,000.00 (ex GST) to assist with the expenses she will<br />
incur competing as part of the Australian School Girls Football (Soccer)<br />
Team to travel to Brazil and Argentina between 17 January 2013 and 3<br />
February 2013 inclusive.<br />
Executive Summary<br />
The Port Macquarie-<strong>Hastings</strong> has a fine tradition of outstanding talent when it comes<br />
to sporting ability and sports achievements at all levels. With this tradition comes<br />
awareness for the community to recognise and nurture our young local sporting<br />
talents. A major problem associated with developing our local sporting talent has<br />
been the lack of financial assistance available to athletes in order that they may<br />
pursue their sporting goals.<br />
Pursuing sporting dreams, in reality, is an expensive exercise. Athletes must travel<br />
extensively in order to face competitors, attend training camps and source new<br />
opportunities within their chosen sport. Increasingly, sports people turn to the local<br />
community and businesses for financial assistance. It is from these requests that in<br />
1999 the Port Macquarie-<strong>Hastings</strong> Sporting Fund (formerly known as the Mayor’s<br />
Sporting Fund) was established.<br />
In 1999 the then Mayor, Wayne Richards, recognised the need for such a fund after<br />
receiving numerous requests for financial assistance from young local athletes or<br />
their parents to assist their child to compete at an elite level. The Mayor<br />
acknowledged that young athletes selected to compete in State; National or<br />
International competitions incur considerable costs, as <strong>Council</strong> had no specific fund<br />
to help out, and the Mayor was only able to pass on their requests to local<br />
businesses. The formation of the Port Macquarie-<strong>Hastings</strong> Sporting Fund provided<br />
the opportunity for young local athletes to make application to <strong>Council</strong> for assistance<br />
Item 09.02<br />
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AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
to help ease this financial strain placed on these families by the sporting success of<br />
their children.<br />
The Port Macquarie-<strong>Hastings</strong> Sporting Fund holds two major fund raising events<br />
each year. The Coca Cola Sporting Fund Golf Day Challenge and the Coca Cola<br />
Sporting Fund Golden Thong Bowls Day Challenge. Since the Fund’s formation, over<br />
$220,000 has been distributed to young local athletes selected to compete at State,<br />
National and International competitions to assist them in meeting the costs they will<br />
incur travelling and competing at such an elite level.<br />
The Port Macquarie-<strong>Hastings</strong> Sporting Fund Sub-Committee at its meeting held on<br />
1 November 20<strong>12</strong> considered the following applications for financial assistance:<br />
1. Ms Megan Cooper be granted $350.00 to assist with the expenses she would<br />
have incurred competing at the National Bouldering Titles held in Sydney on 14<br />
October 20<strong>12</strong>.<br />
2. Ms Melissa Norup be granted $1,000.00 to assist with the expenses she will<br />
incur competing as part of the Australian School Girls Football (Soccer) team to<br />
travel to Brazil and Argentina between 17 January 2013 and 3 February 2013<br />
inclusive.<br />
Attachments<br />
Nil<br />
Item 09.02<br />
Page 96
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Item: 09.03<br />
Subject:<br />
AMENDMENT OF SCHEDULE OF FEES AND CHARGES FOR<br />
20<strong>12</strong>/2013<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
2.7.1 Encourage and build capacity for community groups to be active and self<br />
sustaining.<br />
RECOMMENDATION<br />
That <strong>Council</strong> adopt the Amended Schedule of Fees and Charges for 20<strong>12</strong>/2013<br />
incorporating a tiered pricing structure for Glasshouse Fees to provide a 40%<br />
discount to eligible not for profit groups.<br />
Executive Summary<br />
At the Ordinary <strong>Council</strong> meeting held on 10 October 20<strong>12</strong> <strong>Council</strong> determined that in<br />
relation to a proposed introduction of a tiered pricing structure to provide a 40%<br />
discount to eligible not for profit groups on Glasshouse Fees that the Amended<br />
Schedule of Fees and Charges for 20<strong>12</strong>/2013 be placed on Exhibition for a period of<br />
28 days. The Amended Schedule of Fees and Charges for 20<strong>12</strong>/2013 was placed on<br />
exhibition from Monday 22 nd October 20<strong>12</strong> to Monday 19 November 20<strong>12</strong>.<br />
Discussion<br />
At the Ordinary <strong>Council</strong> meeting held on 10 October 20<strong>12</strong> <strong>Council</strong> resolved to:<br />
1. Amend the Schedule of Fees and Charges 20<strong>12</strong>-2013 to introduce a tiered<br />
pricing structure to provide a 40% discount to eligible not for profit community<br />
based groups as detailed in this report and place the amendment on public<br />
exhibition for a period of 28 days.<br />
As reported to <strong>Council</strong> (a copy of this report is attached), following an internal review<br />
of the Glasshouse Community Support Program 20<strong>12</strong>/2013 process; it was<br />
considered that implementing a discount on Glasshouse fees and charges for<br />
community groups will continue to allow groups to access the Glasshouse at the<br />
same discounted rate, but without the requirement to submit a formal grant<br />
application under the current program.<br />
The implementation of a tiered fee structure will simplify access to all community<br />
organisations looking to utilise the Glasshouse, and grow the number of<br />
organisations utilising the facility on a more regular basis.<br />
Item 09.03<br />
Page 97
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
It was therefore proposed to abolish the Glasshouse Community Support Program<br />
for future years and add the following to the current Schedule of fees and charges<br />
20<strong>12</strong> – 2013 – Glasshouse Fees:<br />
Discounted Rates<br />
40% discount to be applied to incorporated not-for-profit groups, incorporated<br />
community groups, registered charities and schools. Eligibility is limited to<br />
organisations that are based in the Port Macquarie-<strong>Hastings</strong> local government area.<br />
Proof of Incorporation, ABN and registrations must be provided.<br />
In addition, not-for-profit groups and community groups must have a form of<br />
organisational permanence, be non-government; and not be operating for the profit<br />
or gain of its individual members. The Group Manager, Glasshouse & Cultural<br />
Development will have responsibility for determining the eligibility status of groups.<br />
Port Macquarie & District Eisteddfod to be negotiated annually at a special rate.<br />
Discounted rates only to apply to the following fees and charges categories (with all<br />
other fees and charges to be charged as per commercial rates such as Staff Rates):-<br />
- Theatre Hire<br />
- Ross Family Studio Hire<br />
- Meeting Room Hire<br />
- Country Energy Art Lab<br />
- Small Function Room Hire<br />
- Other Venue Hire<br />
- Venue Set Up Items (equipment only)<br />
Only one submission was received. However, this submission questioned why not all<br />
<strong>Council</strong> fees and charges were being exhibited for comment, and did not raise any<br />
particular objection to the tiered pricing structure for Glasshouse fees as proposed.<br />
Options<br />
<strong>Council</strong> could choose not to adopt the Amended Schedule of Fees and Charges for<br />
20<strong>12</strong>/2013.<br />
Item 09.03<br />
Page 98
AGENDA<br />
Looking After Our People<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Consultation/Submissions<br />
One submission was received.<br />
Submission<br />
Issue<br />
1. Greg Raffin That the amended fees and charges on<br />
exhibition related only to Glasshouse fees<br />
and charges and requesting that<br />
ratepayers be given the opportunity to<br />
comment on other fees and charges<br />
including Pool admission fees.<br />
Response/<br />
Comment:<br />
Under Clause 201 of the Local <strong>Government</strong> (General) Regulations,<br />
<strong>Council</strong> is required to develop a schedule of fees and charges each<br />
year as part of the Revenue Policy within the Operational Plan. As<br />
part of this process, <strong>Council</strong>s Fees and Charges were placed on<br />
public exhibition from 30 March 20<strong>12</strong> to 26 April 20<strong>12</strong>. The final<br />
Fees and Charges schedule was adopted by <strong>Council</strong> on 23 rd May<br />
20<strong>12</strong>. The purpose of this process was not to amend any of the fees<br />
previously exhibited publicly; with the exception of introducing a<br />
tiered fee structure for Glasshouse fees.<br />
Planning & Policy Implications<br />
Aligns with four year delivery program objective in the Focus Area – “Looking After<br />
Our People”.<br />
CSP 2.7: Empower the community to be active and involved in community life<br />
CSP 2.7.1 Encourage and build capacity for community groups to be active and self<br />
sustaining by assisting community and cultural groups to access grant funding.<br />
Financial & Economic Implications<br />
A full fee review will need to occur following a reasonable period of implementation to<br />
gauge effects on utilisation and assessment of costs.<br />
Attachments<br />
1. Glasshouse Fees and Charges - Report to <strong>Council</strong> Meeting 10 October 20<strong>12</strong><br />
Item 09.03<br />
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Item: 09.04<br />
Subject:<br />
DELEGATION TO COUNCIL OF FUNCTIONS UNDER THE PLUMBING<br />
AND DRAINAGE ACT 2011<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
2.1.3 Implement inspection, compliance and education practices that ensure<br />
acceptable levels of public and environmental health; as well as building and fire<br />
safety standards.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the <strong>NSW</strong> Fair Trading proposal to delegate plumbing regulator<br />
functions under the Plumbing and Drainage Act 2011 and affix the<br />
common seal to the Instrument of Delegation.<br />
2. In accordance with Section 377 of the Local <strong>Government</strong> Act, 1993 -<br />
delegate its plumbing regulator functions under the Plumbing and<br />
Drainage Act 2011 to the General Manager.<br />
Executive Summary<br />
The Plumbing and Drainage Act 2011 (the Act) was passed by Parliament on 9<br />
November 2011. The Act establishes a scheme of regulation for plumbing and<br />
drainage work in <strong>NSW</strong> and recognises <strong>NSW</strong> Fair Trading as the single plumbing<br />
regulator.<br />
For <strong>Council</strong>’s who are a Water Authority, such as Port Macquarie-<strong>Hastings</strong> <strong>Council</strong>,<br />
the Act takes effect on 1 January 2013. <strong>NSW</strong> Fair Trading is proposing to delegate<br />
plumbing regulator functions under the Act to <strong>Council</strong> and are seeking acceptance of<br />
this delegation.<br />
Discussion<br />
PMHC currently regulates private plumbing and drainage work under Section 68 of<br />
the Local <strong>Government</strong> Act 1993. The intent of the Plumbing and Drainage Act 2011<br />
is to provide a single scheme for plumbing regulation across <strong>NSW</strong> by adopting the<br />
Plumbing Code of Australia and establishing Fair Trading as the single regulator<br />
across <strong>NSW</strong>.<br />
Fair Trading has always intended to delegate plumbing and drainage functions under<br />
the Act to local councils where they are the Water Authority. While the transition of<br />
these functions from the Local <strong>Government</strong> Act 1993 to the Plumbing and Drainage<br />
Act 2011 has not been made clear at this stage, it is anticipated further information<br />
will be provided to <strong>Council</strong> on this issue during information sessions <strong>NSW</strong> Fair<br />
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trading has planned during <strong>December</strong> 20<strong>12</strong>. The current review of the Local<br />
<strong>Government</strong> Act 1993 will potentially provide further clarification.<br />
Notwithstanding this, it is considered that operating under the new Act will be largely<br />
‘business as usual’ for <strong>Council</strong> in terms of undertaking plumbing and drainage<br />
inspections for new building works and plumbing and drainage compliance activities.<br />
Options<br />
<strong>Council</strong> has the option of accepting or not accepting plumbing regular delegations<br />
under the Plumbing and Drainage Act 2011. Failure to accept the delegations may<br />
have implications for <strong>Council</strong>’s role as a plumbing and drainage regulator.<br />
Consultation/Submissions<br />
<strong>NSW</strong> Fair Trading has held information sessions for councils in relation to the Act<br />
during October 20<strong>12</strong> and has further information sessions planned for <strong>December</strong><br />
20<strong>12</strong>.<br />
Planning & Policy Implications<br />
Whilst it is apparent that Section 68 of the Local <strong>Government</strong> Act 1993 still enables<br />
<strong>Council</strong> to continue regulating private plumbing and drainage work, it is considered<br />
important to accept the proposed delegations under the Plumbing and Drainage Act<br />
2011 so as to maintain this important regulatory function in the event of any future<br />
reforms to the Local <strong>Government</strong> Act 1993.<br />
Financial & Economic Implications<br />
Nil – continuation of current fees and charges for plumbing and drainage regulation.<br />
Attachments<br />
1. Instrument of Delegation<br />
Item 09.04<br />
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AGENDA<br />
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Item: 09.05<br />
Subject:<br />
ABORIGINAL RECONCILIATION ACTION PLAN 2008 - 20<strong>12</strong> END OF<br />
TERM REPORT<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
Alignment with Delivery Program<br />
2.4.1 Work with community groups to build capacity on social justice issues.<br />
RECOMMENDATION<br />
That <strong>Council</strong> note the End of Term Report of the Aboriginal Reconciliation<br />
Action Plan 2008 – 20<strong>12</strong>.<br />
Executive Summary<br />
The Aboriginal Reconciliation Action Plan 2008 – 20<strong>12</strong> outlines initiatives aimed at<br />
ensuring equitable access and outcomes for Aboriginal and Torres Strait Islanders<br />
citizens of the Port Macquarie – <strong>Hastings</strong>. It enables Aboriginal inclusion in a number<br />
of <strong>Council</strong> processes and in so doing enhances the area’s environmental, social and<br />
economical qualities for our entire community.<br />
Discussion<br />
The 2008 – 20<strong>12</strong> Aboriginal Reconciliation Action Plan is due to finish at the end of<br />
this calendar year.<br />
<strong>Council</strong> agreed to adopt the following during the Ordinary <strong>Council</strong> Meeting held on<br />
the 25 th June 2008:<br />
Approve the Aboriginal Reconciliation and Commitment Action Plan for Public<br />
Exhibition.<br />
The Statement of Reconciliation and Commitment and affix the Seal of<br />
<strong>Council</strong>.<br />
That <strong>Council</strong> adopt the following commitment of the Statement of<br />
Reconciliation and Commitment: either facilitating a ‘Welcome to Country’ or<br />
performing an ‘Acknowledgement of Country’ as appropriate, at the<br />
commencement of formal <strong>Council</strong> meetings, Public <strong>Council</strong> forums and<br />
<strong>Council</strong> run Civic Functions.<br />
All of these items have been implemented.<br />
Attached is the End of Term Report of the Aboriginal Reconciliation Action Plan<br />
2008- 20<strong>12</strong>. Some of the key actions that have been implemented over the course of<br />
the four years are:<br />
Developed and implemented the Walking the Talk Aboriginal Community<br />
Engagement document.<br />
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The delivery of Aboriginal Cultural Awareness training program to over 380<br />
<strong>Council</strong> staff. As a result, in <strong>December</strong> 2010 <strong>Council</strong> received an award from<br />
Wesley Vocational Institute for Commitment to Indigenous Cultural<br />
Awareness training.<br />
<strong>Council</strong>s’ involvement in the planning and delivery of certain aspects of the<br />
Saltwater Freshwater Festival in January 2011.<br />
Participation and working collaboratively with the Aboriginal community for<br />
Aboriginal community events, including NAIDOC Week, National Aboriginal<br />
and Torres Strait Islander Children’s Day, Boys & Men’s Business Day, The<br />
Anniversary of the National Apology, Closing the Gap, International Women’s<br />
Day and Reconciliation Week.<br />
<strong>Council</strong>s’ support of a range of initiatives to integrate Aboriginal art into<br />
facilities and infrastructure. Examples of these are: Signage for the Coastal<br />
Walk was developed in conjunction with Birpai Local Aboriginal Lands<br />
<strong>Council</strong>, Rosendahl Reserve – Aboriginal TAFE Student completed mosaic<br />
project and signage incorporating acknowledgement of Birpai Country, and<br />
the All Abilities Playground – Bain Park – Wauchope has incorporated five<br />
Birpai Totems into the playground design.<br />
Options<br />
<strong>Council</strong> may seek additional information on the attached report.<br />
Consultation<br />
It is intended to provide a copy of the end of term report to the next Bearlay<br />
Aboriginal Interagency Committee on the 5 <strong>December</strong> 20<strong>12</strong>.<br />
Planning & Policy Implications<br />
Ongoing implementation of the Reconciliation Action Plan is incorporated in the<br />
20<strong>12</strong>/13 Operational Plan.<br />
Financial & Economic Implications<br />
Nil.<br />
Attachments<br />
1. Aboriginal Reconciliation Action Plan 2008 - 20<strong>12</strong> End of Term Report<br />
Item 09.05<br />
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Item: 09.06<br />
Subject:<br />
QUESTION ON NOTICE - BUILDING BETTER REGIONAL CITIES<br />
PROGRAM AND HOUSING AFFORDABILITY SCHEME (HARS)<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
RECOMMENDATION<br />
That <strong>Council</strong> note the <strong>Council</strong> Report on the Building Better Regional Cities<br />
Grant Program including the Housing Affordability Incentive Scheme tabled at<br />
the <strong>12</strong> <strong>December</strong> 20<strong>12</strong> meeting.<br />
Question from <strong>Council</strong>lor Sargeant<br />
Could the General Manager advise by the <strong>December</strong> <strong>Council</strong> Meeting if not<br />
beforehand, as to:<br />
1. The criteria determining eligibility to HARS , including retrospectivity and;<br />
2. When will this criteria, together with an application form, be made available to<br />
the public and promoted on the website and other ways.<br />
Comments by <strong>Council</strong>lor (if provided)<br />
<strong>Council</strong> has previously sought and received funding for the above programs to assist<br />
with upgrade of Innes Ruins Way and to provide housing subsidy to purchasers who<br />
meet certain criteria. In addition <strong>Council</strong> considered this to be an excellent way to<br />
stimulate the depressed local building industry. While the success of <strong>Council</strong>'s<br />
application became public on 6th July, <strong>Council</strong> does not appear to have been in a<br />
position to respond to questions regarding eligibility and a timeframe resulting in<br />
some lost opportunity.<br />
Response<br />
Please see separate report dealing with this issue.<br />
Attachments<br />
Nil<br />
Item 09.06<br />
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Item: 09.07<br />
Subject:<br />
HEADSPACE PORT MACQUARIE - MEMORANDUM OF<br />
UNDERSTANDING<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
Alignment with Delivery Program<br />
2.3.1 Advocate for health and social services in accordance with the Social Strategy.<br />
RECOMMENDATION<br />
That <strong>Council</strong> note:<br />
1. The Port Macquarie-<strong>Hastings</strong> Headspace Youth Mental Health Centre,<br />
will open for business in January 2013.<br />
2. Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> is a member of the Headspace<br />
Consortium.<br />
3. The contribution Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> staff will make<br />
towards the Headspace Centre.<br />
Executive Summary<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> has signed a Memorandum of Understanding to be<br />
part of the “each” led consortium implementing a Headspace Centre in Port<br />
Macquarie which will open in January 2013. As part of this arrangement <strong>Council</strong> has<br />
agreed to provide support and services to Headspace as outlined in the attached<br />
Service Level Agreement.<br />
Discussion<br />
What is a Headspace?<br />
Headspace is the National Youth Mental Health Foundation. It’s primary focus is<br />
early intervention for mental health and wellbeing for young Australians aged<br />
between <strong>12</strong> and 25 years old.<br />
Headspace centres have facilities to help young people with:<br />
- General health issues<br />
- Mental health and counselling<br />
- Education, employment and other services<br />
- Alcohol and other drug services.<br />
Impact on our Community?<br />
According to the ABS Causes of Death, 2009, more people die from suicide in<br />
Australia than road related transport deaths.<br />
Item 09.07<br />
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Mental health among young people is an ongoing priority issue for the local<br />
community with a strong support base consisting of both local service providers and<br />
community members.<br />
The suicide deaths of five local young people early in 2011 has seen an increased<br />
push to see a more holistic model of service delivery and the Headspace model will<br />
be ideal to achieve this outcome.<br />
The process of establishing a Headspace in Port Macquarie<br />
In July 2011, a number of local interested individuals and groups met to discuss how<br />
the community could support youth who are experiencing mental health issues. In<br />
particular, the need for a Headspace was discussed.<br />
<strong>Council</strong> staff convened a public meeting in mid-August 2011 to develop a community<br />
action plan. The meeting was widely communicated to over 200 community groups in<br />
our Local <strong>Government</strong> Area. <strong>Council</strong> and a number of interested community groups<br />
then undertook research with Headspace National Office, the Department of Health<br />
and Ageing, Minister for Mental Health in <strong>NSW</strong> and a number of Headspace<br />
locations, to ascertain what steps would be necessary to have Port Macquarie listed<br />
as a potential site.<br />
Through intensive lobbying and advocacy, Port Macquarie was fortunate to be<br />
allocated as a future Headspace site in the 2011/<strong>12</strong> funding round. The process of<br />
which is detailed in the attached <strong>Council</strong> Reports, dated February 15 20<strong>12</strong> and<br />
March 28 20<strong>12</strong>.<br />
<strong>Council</strong> was originally requested to be part of the “each Consortium” however given<br />
the multiple tenderers, elected to support and work with whichever group was<br />
successful.<br />
In 20<strong>12</strong> the “each” led consortium was awarded the tender to open the Port<br />
Macquarie Headspace Centre.<br />
The winning consortium led by “each” Port Macquarie consisted of<br />
- North Coast <strong>NSW</strong> Medicare Local<br />
- Mental Health Service Mid North Coast Local Health District<br />
- Enterprise & Training Company Limited (ETC)<br />
- Drug and Alcohol Service ( Port Macquarie/Kempsey) Mid North Coast Local<br />
Health District<br />
Current status of the Headspace in Port Macquarie<br />
The Headspace Centre is located on Short Street and is due to open for business in<br />
January 2013.<br />
Consortium partners are currently negotiating and signing the Port Macquarie<br />
Headspace Memorandum of Understanding and Service Level Agreement, which are<br />
required as part of the funding agreement.<br />
<strong>Council</strong> has agreed to be a consortium member, and will contribute support in the<br />
following manner;<br />
Item 09.07<br />
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- Provide assistance in distributing messages to the wider community<br />
promoting Headspace;<br />
- Facilitate the Youth Advisory <strong>Council</strong> (YAC) providing advice and guidance<br />
regarding accessing young people in the LGA;<br />
- Facilitate the YAC in providing information on Headspace to young people in<br />
the LGA;<br />
- Assist with providing community development skills;<br />
- Assist with advice on clinical governance arrangements;<br />
- Assist with community promotion activities in the LGA; and<br />
- Participate in the steering committee.<br />
Options<br />
<strong>Council</strong> could seek additional information on the Headspace initiative.<br />
Consultation/Submissions<br />
Consultation has been undertaken in earlier phases in the development of a<br />
Headspace presence in Port Macquarie - see attached <strong>Council</strong> Reports.<br />
Planning & Policy Implications<br />
<strong>Council</strong> staff will work with the Port Macquarie Headspace Centre and this will be<br />
factored into future Operational Plan development.<br />
Financial & Economic Implications<br />
Nil direct budget implications. Activities will be absorbed within the Community<br />
Development budget.<br />
Attachments<br />
1. Headspace Port Macquarie Memorandum of Understanding Signed<br />
2. Headspace Port Macquarie Service Level Agreement<br />
3. Headspace Port Macquarie <strong>Council</strong> Report February 20<strong>12</strong><br />
4. Headspace Port Macquarie <strong>Council</strong> Report March 20<strong>12</strong><br />
Item 09.07<br />
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AGENDA<br />
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Item: 09.08<br />
Subject:<br />
YOUTH ADVISORY COUNCIL ANNUAL REPORT<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
Alignment with Delivery Program<br />
2.2.1 Build capacity in the community to support young people.<br />
RECOMMENDATION<br />
That <strong>Council</strong> note:<br />
1. The establishment of Youth Advisory <strong>Council</strong> sub groups in Wauchope<br />
and Laurieton in addition to the existing Port Macquarie group.<br />
2. The Port Macquarie-<strong>Hastings</strong> Youth Advisory <strong>Council</strong> organised and ran<br />
one of the most successful and well attended Youth Week Programs in<br />
New South Wales in 20<strong>12</strong>.<br />
3. The Port Macquarie-<strong>Hastings</strong> Youth Advisory <strong>Council</strong> won two New<br />
South Wales State Local <strong>Government</strong> Awards for the 20<strong>12</strong> Youth Week<br />
Program.<br />
Executive Summary<br />
The Youth Advisory <strong>Council</strong> has had an exceptionally busy and successful year. A<br />
new initiative to provide access to the YAC in regional locations together with an<br />
innovative Youth Week program has increased YAC membership in 20<strong>12</strong>. YAC<br />
continues to provide a forum for young people in the LGA to discuss issues and<br />
design activities and events to deliver solutions and raise awareness.<br />
Discussion<br />
The Port Macquarie-<strong>Hastings</strong> Youth Advisory <strong>Council</strong> (YAC) is a Committee of<br />
<strong>Council</strong> made up of young people aged between <strong>12</strong> -25 years old living within the<br />
<strong>Hastings</strong> Area.<br />
The role of the <strong>Hastings</strong> Youth Advisory <strong>Council</strong> (YAC) is to:<br />
- Promote a positive image of young people aged between <strong>12</strong>-25 years;<br />
- Promote and encourage activities for local young people;<br />
- Represent local young people and raise issues that are important to them;<br />
- Provide Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> with information on issues,<br />
concerns and needs of young people.<br />
Early in 20<strong>12</strong>, the YAC changed its structure and reach aiming to encourage greater<br />
participation and involvement of young people with the YAC, and with YAC events.<br />
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This led to the creation of three localised sub groups that meet once a month in a<br />
central location in their area, and a YAC Master Group that meets once a month at<br />
<strong>Council</strong> Headquarters.<br />
The sub groups include Port Macquarie, Wauchope and Laurieton which were<br />
created to provide better access to young people living in the regional areas of the<br />
<strong>Hastings</strong> as well as in Port Macquarie.<br />
As a result of the creation of the sub groups YAC membership has increased by 20<br />
young people. In addition YAC has hosted two major youth events in Wauchope and<br />
Laurieton during April of this year.<br />
The YAC designed, organised and implemented the Port Macquarie-<strong>Hastings</strong><br />
National Youth Week Program in April. A copy of the program is attached.<br />
The program included eight activities and events held throughout the <strong>Hastings</strong> Local<br />
<strong>Government</strong> Area. The most popular events included the<br />
- Friday the 13 th Zombie March and Palooza in Port Macquarie;<br />
- Youth Homelessness Matters Day Concert and Sleep out in Wauchope;<br />
- Dive In Movie –watching Jaws in the Laurieton Memorial Swimming Pool; and<br />
- The Great <strong>Hastings</strong> Gnome Hunt – held throughout the entire <strong>Hastings</strong> LGA<br />
These events had the highest youth participation numbers in recent years.<br />
YAC submitted a report and funding acquittal regarding the Youth Week program to<br />
the <strong>NSW</strong> State Youth Week Office. Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> won two out of<br />
three <strong>NSW</strong> State Local <strong>Government</strong> Awards for the Youth Week Program:<br />
- Most Innovative Youth Week Program 20<strong>12</strong><br />
- Best Local Youth Week Program 20<strong>12</strong>.<br />
YAC also won a solar powered “Wheelie Bin Sound System” valued at $2,000 from<br />
the <strong>NSW</strong> State Youth Week Office. The sound system has been used at a number of<br />
youth events proving very popular with young people and the community.<br />
YAC is a forum that allows a range of issues impacting on young people to be<br />
discussed with a view of encouraging and supporting young people to develop their<br />
own solutions.<br />
During the YAC Planning day earlier this year the group identified a number of gaps<br />
in the community concerning young people including:<br />
- Homelessness<br />
- Mental Health<br />
- Access to information related to young people and youth services<br />
- Lack of safe youth friendly spaces and youth activities within the LGA.<br />
YAC members administer and manage two facebook pages with over 400 young<br />
people following the group. This is an effective tool utilised by the YAC to promote<br />
YAC events, youth services information and community news of interest to young<br />
people.<br />
Other key steps undertaken during the year included YAC working closely with the<br />
<strong>Hastings</strong> Youth Workers Network, Port Macquarie Headspace, and the St Agnes<br />
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Youth Hub to promote youth services and events through their facebook pages,<br />
within their schools, and at their work places.<br />
YAC raised concerns regarding young people accessing youth services over the<br />
summer holidays, highlighting the loss of normal support structures provided through<br />
schools, and the increase of family stress levels throughout the Christmas period.<br />
The solution developed by YAC is to organise an innovative event aimed at helping<br />
to connect young people with youth services before the school term ends. This event<br />
will also celebrate an award winning year for the YAC teams.<br />
The event organised is the first Port Macquarie-<strong>Hastings</strong> outdoor Foam Party, being<br />
held on Friday the 14 th <strong>December</strong> at Grant Street Netball Courts, Port Macquarie.<br />
Options<br />
<strong>Council</strong> could seek additional information about the activities of the Youth Advisory<br />
<strong>Council</strong>.<br />
Consultation/Submissions<br />
YAC has discussed this report.<br />
Planning & Policy Implications<br />
The <strong>Hastings</strong> YAC events and projects help to meet the objectives in the Operational<br />
Plan, including;<br />
- programs that encourage participation and engagement for young people;<br />
- supporting youth focused events;<br />
- develop and implement a program for National Youth Week.<br />
Financial & Economic Implications<br />
Nil in relation to this report.<br />
Attachments<br />
1. Youth Week 20<strong>12</strong> Event Passport<br />
Item 09.08<br />
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Item: 09.09<br />
Subject:<br />
PROPOSAL TO <strong>NSW</strong> GOVERNMENT REGARDING PUBLIC LIBRARY<br />
FUNDING<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
Alignment with Delivery Program<br />
2.9.2 Provide library services in Port Macquarie, Laurieton & Wauchope.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Note that the North East Zone of the <strong>NSW</strong> Public Libraries Association<br />
has endorsed a motion that all councils approach their local member to<br />
write to the Minister for the Arts in <strong>NSW</strong> calling upon the <strong>Government</strong> to<br />
implement the submission of the Library <strong>Council</strong> of <strong>NSW</strong> for the reform<br />
of the funding system for <strong>NSW</strong> Public Libraries.<br />
2. Write to the Minister for the Arts in <strong>NSW</strong> through the local members<br />
supporting the Library <strong>Council</strong> of <strong>NSW</strong> submission seeking a reform of<br />
the current funding system for <strong>NSW</strong> Public Libraries.<br />
Executive Summary<br />
To support the operation of public library services, each LGA receives funding from<br />
the <strong>NSW</strong> <strong>Government</strong> based on a per capita funding element as well as a Local<br />
Priority Grant and Library Development Grant. These amounts have remained fixed<br />
for some years and <strong>NSW</strong> Public Library Association considers that the funding model<br />
should be modified. It has made a submission to the Library <strong>Council</strong> of <strong>NSW</strong><br />
outlining a new model which suggests an increase in funding be made to Public<br />
Libraries.<br />
A submission has been made by the Library <strong>Council</strong> of <strong>NSW</strong> to the Minister for the<br />
Arts requesting that this model be adopted.<br />
<strong>NSW</strong> Public Library Association has suggested that all Public Libraries support the<br />
reform of the funding arrangements to <strong>NSW</strong> Public Libraries and write to the Minister<br />
for the Arts requesting its implementation.<br />
Discussion<br />
Public Library funding has remained static for some years and as populations have<br />
increased the total funding available has decreased. The <strong>NSW</strong> Public Library<br />
Association has worked with the State Library to review the efficacy, administration<br />
and level of state funding in support of public libraries. There has been wide<br />
consultation with stakeholders, including the Local <strong>Government</strong> and Shires<br />
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Associations, which has resulted in unanimous agreement on the need for reform<br />
and an increase in funding to <strong>NSW</strong> Public Libraries.<br />
A submission has been made by the Library <strong>Council</strong> to the Minister for the Arts<br />
seeking the implementation of this funding model. To date no response has been<br />
received.<br />
The <strong>NSW</strong> Public Libraries Association is seeking the support of its members to lobby<br />
the <strong>NSW</strong> <strong>Government</strong> to implement the new model.<br />
A copy of the <strong>NSW</strong> Public Libraries Association leaflet on “Enabling Communities” is<br />
attached to this report as is a copy of the draft notice of motion for <strong>Council</strong>s on library<br />
funding.<br />
Options<br />
<strong>Council</strong> could seek additional information.<br />
<strong>Council</strong> could choose not to support the funding model submission and accordingly<br />
not write to the Minister for the Arts on this matter.<br />
Consultation/Submissions<br />
Discussion at the North East Zone of Public Libraries <strong>NSW</strong> at its meeting of the 29<br />
November 20<strong>12</strong>. This included <strong>Council</strong>lors as well as staff of a number of <strong>Council</strong>s<br />
in the zone.<br />
Planning & Policy Implications<br />
Nil.<br />
Financial & Economic Implications<br />
<strong>Council</strong> relies on the grants provided by the <strong>NSW</strong> State Library to operate the<br />
libraries in the Port Macquarie-<strong>Hastings</strong> LGA. The new funding model proposed by<br />
the <strong>NSW</strong> Public Library Association would see an increase in both the per capita<br />
element of the funding and the level and types of grants available. Port Macquarie-<br />
<strong>Hastings</strong> <strong>Council</strong> would in all probability receive additional monies under this model.<br />
Attachments<br />
1. <strong>NSW</strong> Public Libraries Association Notice of Motion November 20<strong>12</strong><br />
2. <strong>NSW</strong> Public Libraries Association Enabling Communities leaflet<br />
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What are we trying to achieve?<br />
The Port Macquarie-<strong>Hastings</strong> region is able to thrive through access to a range of<br />
educational, employment and business opportunities.<br />
What will the result be?<br />
<br />
<br />
<br />
<br />
<br />
<br />
Greater availability of educational opportunities.<br />
Key business sectors are able to benefit from our natural and existing<br />
attributes.<br />
Business and industry, training and education facilities sustain our population<br />
growth.<br />
Increased employment opportunities.<br />
An environmentally harmonious and prosperous tourism industry.<br />
Widely available communications technology.<br />
How do we get there?<br />
3.1 Create opportunities for lie long learning and skill enhancement with the<br />
availability of a broad range of education and training facilities.<br />
3.2 Promote and support an increase in business capacity in order to generate<br />
ongoing economic growth.<br />
3.3 Expand tourism business opportunities and benefits through collaborative<br />
planning and promotion.<br />
3.4 Maximise innovation and economic competitiveness by providing high quality<br />
communication technology throughout the Port Macquarie-<strong>Hastings</strong> region.<br />
3.5 Target and encourage business enterprise by providing favourable business<br />
conditions including infrastructure and transport options.<br />
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Item: 10.01<br />
Subject:<br />
QUESTION ON NOTICE - TERTIARY EDUCATION PLANNING<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
RECOMMENDATION<br />
That <strong>Council</strong> continues to support and facilitate the strategic direction of the<br />
Higher Education Industry Plan.<br />
Question from <strong>Council</strong>lor Sargeant:<br />
Could the General Manager please advise <strong>Council</strong> by the <strong>December</strong> 20<strong>12</strong> <strong>Council</strong><br />
Meeting as to what plans it has to resume co-ordination of the strategic planning for<br />
tertiary education in this region, so as to ensure the individual efforts of Charles Sturt<br />
University, Newcastle University and University of <strong>NSW</strong>, in association with North<br />
Coast Institute of TAFE are co-ordinated and at all times compatible with the<br />
economic and social needs of the area?<br />
Comments by <strong>Council</strong>lor (if provided)<br />
The most successful regional university campuses are those that are closely<br />
integrated into their local economy. During the early 2000's in Port Macquarie there<br />
was a tendency for universities to offer only the easiest to fill courses such as<br />
nursing. This led to duplication of offering and was not in this area's best interests.<br />
While there has been encouraging development of tertiary education recently,<br />
<strong>Council</strong>, as the representative of this community, needs to take a strong interest in<br />
ensuring ongoing development opportunities for this economy are maximised.<br />
Response<br />
Port Macquarie-<strong>Hastings</strong> Higher Education Plan<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> has adopted a vision for higher education that is<br />
aligned to the Federal <strong>Government</strong>'s national objective. That is, to increase the<br />
number of 25 to 34 year olds with a bachelor degree or above to 40% by 2025.<br />
In 2010 <strong>Council</strong> developed a Higher Education Plan. The Higher Education Plan<br />
provides a framework to work collaboratively with a variety of stakeholders in order to<br />
make improvements to building higher education aspirations, developing access to<br />
university courses and programs, and making available a range of courses that are<br />
linked to regional employment demands.<br />
The Economic Development unit continues to play a lead agency role in Higher<br />
education projects, such as the Mid North Coast Uni Portal and the Mid North Coast<br />
Tertiary Work Placement Programme. The Manager Economic Development and<br />
Tourism also participates on behalf of <strong>Council</strong> at the following Higher Education<br />
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meetings in order to ensure a collaborative approach with a variety of education<br />
stakeholders. These include:<br />
<br />
<br />
<br />
Mid North Coast Building Australia's Future Workforce (BAFW) Advisory<br />
Committee Meeting (monthly).<br />
Mid North Coast Tertiary Work Placement Program Steering Committee<br />
Meeting (monthly).<br />
Education & Skills Forum (quarterly).<br />
Below is a summary of courses offered in Port Macquarie from 2013 by each tertiary<br />
education provider. As reflected in the information below, the intent of the universities<br />
is not to overlap courses and <strong>Council</strong> has been assured by at least one of the<br />
university’s that this is not their intent.<br />
Charles Sturt University: http://www.csu.edu.au/about/locations/portmacquarie<br />
(via direct courses or integrated programs with North Coast Institute<br />
of TAFE):<br />
Bachelor of Social Work<br />
Bachelor of Creative Industries<br />
Bachelor of Accounting<br />
Bachelor of Health and Rehabilitation Science<br />
Bachelor of Business Studies<br />
Bachelor of Clinical Practice (Paramedic)<br />
Bachelor of Justice Studies (Policing)<br />
Bachelor of Medical Radiation Science (Medical Imaging)<br />
Bachelor of Accounting<br />
University of Newcastle - http://www.newcastle.edu.au/location/portmacquarie/<br />
Bachelor of Nursing<br />
Bachelor of Midwifery<br />
Bachelor of Teaching / Bachelor of Arts<br />
Open Foundation by Distance<br />
University of <strong>NSW</strong> – Faculty of Medicine - Rural Clinic will deliver regional<br />
Australia’s first full six-year medical degree offering 188 student places over the<br />
next five years in this program. More information -<br />
http://rcs.med.unsw.edu.au/rcsweb.nsf/page/Port%20Macquarie%20Campus<br />
Current statistics pertaining to education in the Port Macquarie <strong>Hastings</strong> LGA:<br />
11,469 people in Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> area have a tertiary qualification.<br />
Educational Qualifications relate to education outside of primary and secondary<br />
school and are one of the most important indicators of socio-economic status. The<br />
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following information benchmarks Port Macquarie <strong>Hastings</strong> LGA with the State of<br />
<strong>NSW</strong>. Please refer to the table below:<br />
Highest qualification achieved<br />
PMHC area 2011 2006 Change<br />
New<br />
New<br />
Qualification<br />
2006 to<br />
Number % South Number % South<br />
level<br />
2011<br />
Wales<br />
Wales<br />
Bachelor or<br />
Higher degree<br />
6,665 11.2 19.9 4,971 8.9 16.5 +1,694<br />
Advanced<br />
Diploma or 4,804 8.0 8.3 3,839 6.9 7.4 +965<br />
Diploma<br />
Vocational 14,195 23.8 17.7 <strong>12</strong>,<strong>12</strong>8 21.7 16.8 +2,067<br />
No qualification 26,913 45.0 42.8 27,476 49.1 45.5 -563<br />
Not stated 7,176 <strong>12</strong>.0 11.4 7,493 13.4 13.8 -317<br />
Total persons<br />
aged 15+<br />
59,753 100.0 100.0 55,907 100.0 100.0 +3,846<br />
Source: Australian Bureau of Statistics, Census of Population and Housing 2006 and 2011. Compiled and presented<br />
by .id, the population experts.<br />
(Usual residence data)<br />
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Dominant groups<br />
Analysis of the qualifications of the population in Port Macquarie-<strong>Hastings</strong> <strong>Council</strong><br />
area in 2011 compared to New South Wales shows that there is a lower proportion of<br />
the population in PMHC area compared to <strong>NSW</strong> with ‘Bachelor or higher degree’, but<br />
there is an equal proportion for ‘Advanced diploma or diploma’ when the stats are<br />
8.1% and 8.3% respectively, and there is a higher proportion in PMHC with<br />
‘vocational’ qualifications (23.7% and 17.7%, respectively).<br />
Overall, 43.0% of the population aged 15 and over held educational qualifications,<br />
and 45.0% had no qualifications, compared with 45.8% and 42.8% respectively for<br />
New South Wales.<br />
The major differences between qualifications held by the population of Port<br />
Macquarie-<strong>Hastings</strong> <strong>Council</strong> area and New South Wales were:<br />
<br />
A larger percentage of persons with Vocational qualifications (23.8% compared to<br />
17.7%)<br />
A larger percentage of persons with No qualifications (45.0% compared to 42.8%)<br />
A smaller percentage of persons with Bachelor or Higher degrees (11.2%<br />
compared to 19.9%)<br />
Emerging groups<br />
The largest changes in the qualifications of the population in Port Macquarie-<br />
<strong>Hastings</strong> <strong>Council</strong> area between 2006 and 2011 were in those with:<br />
<br />
<br />
<br />
Vocational qualifications (+2,067 persons)<br />
Bachelor or Higher degrees (+1,694 persons)<br />
Advanced Diploma or Diplomas (+965 persons)<br />
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<br />
No qualifications (-563 persons)<br />
The following provides an overview of projects that continue to be facilitated through<br />
<strong>Council</strong>’s Economic Development unit as a result of the Higher Education Plan.<br />
<strong>Council</strong> works directly with the local universities and the North Coast Institute of<br />
TAFE to facilitate these projects and ensure coordination between stakeholders, as<br />
well as alignment with the economic and social needs of the area.<br />
The Mid Coast Uni Portal website:<br />
Port Macquarie <strong>Hastings</strong> <strong>Council</strong> continues to coordinate the Mid North Coast Uni<br />
Portal (www.midcoastuniportal.com.au). This is a positive and informative online tool<br />
to promote the region by empowering aspiring students to further their education via<br />
tertiary education. The website portal is used to promote university study and<br />
provides information to help increase tertiary education participation on the Mid North<br />
Coast (MNC) and helps position the MNC as a destination for quality tertiary<br />
education. There are six education partners - North Coast TAFE, University of<br />
Newcastle, University of New England, Charles Sturt University, University of New<br />
South Wales and the University of Sydney - who contribute funding and resources,<br />
while PMHC provides the staff resources to coordinate this project.<br />
The funding of this project is now in its final year of a three year funding agreement.<br />
<strong>Council</strong>’s Manager Economic Development and Tourism is currently finalizing a<br />
report and recommendations back to the education partners which will include a<br />
revised strategic Marketing and Communications Plan for the remaining 7 months of<br />
the project. The revised Plan will address the feedback received by the education<br />
partners in terms of how the Portal could better respond to the rapidly changing<br />
higher education market demands, as well as more effectively leverage the activities<br />
already being carried out by the various universities in this regard. The feedback is a<br />
result of a recent review of the Project between <strong>Council</strong> and the education<br />
stakeholders, whereby it was determined that a number of key performance<br />
indicators were not being met or results were below anticipated targets.<br />
The education partners are each contributing $11,440 (plus GST) to this project in<br />
the 20<strong>12</strong>/13 financial year, and this funding is contingent upon the agreement of the<br />
Committee against the success criteria. Therefore, <strong>Council</strong> as the lead agency has a<br />
responsibility to ensure that there are some significant improvements made now in<br />
order to ensure that the Uni Portal continues to have future relevance and impact in<br />
terms of providing access to real time information about tertiary education options<br />
and benefits for people in the local community.<br />
Mid North Coast Tertiary Work Placement Program:<br />
As part of Building Australia’s Workforce initiative, the Mid North Coast Tertiary Work<br />
Placement Program is funded by the Dept. Education, Employment and Workplace<br />
Relations (DEEWR) through the Local Employment Coordinator flexible Funding<br />
Pool.<br />
In May 20<strong>12</strong> <strong>Council</strong> signed an Agreement as the lead Agency for this Program. This<br />
Program is a joint initiative between Port Macquarie <strong>Hastings</strong> <strong>Council</strong>, DEEWR, the<br />
Brolga Project, industry clusters and business representatives. Over the proposed 13<br />
month life of this Project, approximately 95 tertiary students are to be placed into<br />
work experience. $193k has been invested into this Program.<br />
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<strong>Council</strong> has sub contracted the management of the Program to Richard Cowley from<br />
the Brolga Project. A Steering Committee has also been formed to provide expert<br />
advice as well as actively engage and promote the Program through their networks.<br />
The project targets the objectives of the priority employment area initiative set out, in<br />
relation to:<br />
<br />
<br />
<br />
<br />
<br />
Increasing regional student access to training and career opportunities;<br />
Establishing formal relationships and partnerships between key industries in<br />
regional areas;<br />
Increasing employment outcomes for key industries experiencing critical skill<br />
shortages;<br />
Offering a pathway for students to retain their original identity, and;<br />
Undertaking activities that attempt to link education to experience in regional<br />
areas will focus on (but not limited to) the health, engineering and accounting<br />
industries, bringing stakeholders together to address regional skill shortages<br />
on the Mid North Coast.<br />
Higher Education Fund (HEF):<br />
<strong>Council</strong> is also a sponsor of The <strong>Hastings</strong> Education Fund (HEF). In August 20<strong>12</strong><br />
council donated $3,000 towards this Fund. The HEF was established to provide<br />
much needed financial assistance and support to local youth to help them achieve<br />
their post high school education, training and vocation aspirations. It recognises that<br />
the cost of regional students pursuing their post high school goals is often much<br />
greater than those of their metropolitan counterparts and that sometimes these costs<br />
can be prohibitive.<br />
Attachments<br />
1. Higher Education Plan July 2010<br />
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Item: 10.02<br />
Subject:<br />
NOTICE OF MOTION - BEST PRACTICE IN AREAS OF CRITICAL<br />
OPERATIONS<br />
<strong>Council</strong>lor Sargeant has given notice of his intention to move the following motion:<br />
RECOMMENDATION<br />
That the General Manager prepare a report by the February 2013 Ordinary<br />
<strong>Council</strong> Meeting as to how <strong>Council</strong> plans to constantly research and deliver<br />
best practice in its critical areas of operations.<br />
Comments by <strong>Council</strong>lor (if provided)<br />
Most <strong>Council</strong>lors have indicated a desire to be part of a strongly performing <strong>Council</strong><br />
that ranks as one of the State's best. In order to achieve this, it is proposed that<br />
<strong>Council</strong> needs to constantly research best practice so as to avoid 'keeping on doing<br />
what it always has".<br />
This is compatible with an early outcome of the LSI report as advised by the<br />
consultants.<br />
Attachments<br />
Nil<br />
Item 10.02<br />
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What are we trying to achieve?<br />
We understand and manage the impact that the community has on the natural<br />
environment. We protect the environment now and in the future.<br />
What will the result be?<br />
Accessible and protected waterways, foreshores, beaches and bushlands.<br />
Renewable energy options.<br />
Clean waterways.<br />
An environment that is protected and conserved for future generations.<br />
Development outcomes that are ecologically sustainable and complement our<br />
natural environment.<br />
Residents that are environmentally aware.<br />
A community that is prepared for natural events and climate change.<br />
How do we get there?<br />
4.1 Protect and restore natural areas.<br />
4.2 Ensure service infrastructure maximises efficiency and limits environmental<br />
impact.<br />
4.3 Implement total water cycle management practices.<br />
4.4 Continue to improve waste collection and recycling practices.<br />
4.5 Provide community access and opportunities to enjoy our natural<br />
environment.<br />
4.6 Create a culture that supports and invests in renewable energy.<br />
4.7 Increase awareness of and plan for the preservation of local flora and fauna.<br />
4.8 Plan and take action to minimise impact of natural events and climate<br />
change.<br />
4.9 Manage development outcomes to minimise the impact on the natural<br />
environment.<br />
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Item: 11.01<br />
Subject: WALL RESERVE TREE MANAGEMENT ISSUES (PIN 15194)<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
4.7.1 Promote the conservation of key habitats.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Note the information provided in relation to the management of Wall<br />
Reserve.<br />
2. List for consideration a motion at the February 2013 Ordinary <strong>Council</strong><br />
Meeting to rescind previous resolutions for Wall Reserve adopted in<br />
August and <strong>December</strong> 2009 which sought to manage the proposed<br />
regeneration area as usuable open space, as opposed to being managed<br />
as bushland.<br />
Executive Summary<br />
This report outlines issues associated with an area within Wall Reserve, North Haven<br />
and provides options for the future management of the site.<br />
Discussion<br />
Wall Reserve is a Crown Reserve located in North Haven between The Parade and<br />
the Camden Haven River. It is a large parcel of open space which contains<br />
significant areas of both parkland and bushland. It has been the subject of a number<br />
of reports to <strong>Council</strong> in recent years due to issues associated with the site. The key<br />
land management issues identified within these reports have been land tenure, the<br />
poor health of tree population which include hollows, and the presence of threatened<br />
species.<br />
The key community concern surrounding this area has centred on plans to return a<br />
section of the reserve which had previously been maintained as parkland to<br />
bushland. Attached for information is an aerial photograph outlining the proposed<br />
regeneration area.<br />
Land tenure<br />
Wall Reserve is a Crown Reserve that <strong>Council</strong> had embellished and subsequently<br />
maintained for many years assuming that Trust Management responsibility had been<br />
bestowed upon <strong>Council</strong>.<br />
Soon after the Ordinary <strong>Council</strong> Meeting held on 16 <strong>December</strong> 2009 a member of<br />
staff investigating the land tenure associated with another Crown Reserve found that<br />
land management responsibility for Wall Reserve had not been formalized with the<br />
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appointment of <strong>Council</strong> as Trust Manager. This essentially meant that land<br />
management responsibility remained with Department of Primary Industries – Crown<br />
Lands Division (formerly Department of Lands and Land and Property Management<br />
Authority).<br />
<strong>Council</strong> wrote to Crown Lands Division in February 2010 advising that investigations<br />
had identified that <strong>Council</strong> has not formally been appointed as Trustee Manager of<br />
the reserve, and that land tenure issues associated with the site needed to be<br />
resolved.<br />
<strong>Council</strong> staff have met with representatives of Crown Lands Division, Taree Office on<br />
a number of occasions since February 2010 to discuss the resolution of land tenure<br />
issues associated with Wall Reserve. The most recent meeting was held in Taree on<br />
11 July 20<strong>12</strong> where it was agreed that <strong>Council</strong> would agree to assume management<br />
responsibility for Wall Reserve provided clear direction regarding the management of<br />
the reserve was provided by Crown Lands.<br />
<strong>Council</strong> has received correspondence from Crown Lands dated 17 October 20<strong>12</strong><br />
advising that Wall Reserve has been added to the existing Reserve 80643 for Public<br />
Recreation. This reserve includes the park at the end of Hughes Road and North<br />
Haven Beach. The process has not provided clear direction from Crown Lands<br />
regarding the management of the reserve as was discussed at the meeting held on<br />
11 July 20<strong>12</strong>.<br />
Health of the tree population<br />
The tree population within the reserve has reached an age and condition that has<br />
seen the increase in branch drop and some tree failures. Essentially the area is a<br />
remnant bushland area which has been cleared as parkland. Due to historical<br />
mowing practises within the area, the trees are all nearing the end of their lives and<br />
mowers have ensured that no succession growth was present.<br />
Branch failures have become more frequent and more significant in recent times. In<br />
2005 <strong>Council</strong>’s Tree Management team conducted a full tree survey and audit of Wall<br />
Reserve. Of the trees audited 174 were found to have a Safe Useful Life Expectancy<br />
(SULE) of less than 5 years. Tree Management staff reported that the extent of limb<br />
failure was expected to continue and increase in frequency as the trees continued to<br />
age, which has proven to be the case.<br />
The predominant tree species spread across the area include Eucalyptus pilularis<br />
(Blackbutt), Banksia integrifolia (Banksia), Eucalyptus robusta (Swamp Mahogany),<br />
Corymbia intermedia (Bloodwood), Angophora floribunda (Rough Bark Apple) and<br />
Casuarina glauca (Swamp Oak).<br />
The trees in Wall Reserve were then reassessed by <strong>Council</strong>'s Arborist following a<br />
report to the Ordinary <strong>Council</strong> Meeting held on 26 August 2009. The subject area<br />
includes a dense grouping of 130 trees that have high ecological value, but are also<br />
deemed to be high risk due to the number and variety of faults found in these trees.<br />
88 trees within this group were classified as moderate to high risk.<br />
There is no appropriate remedial pruning that can reduce the hazard posed by the<br />
condition of the trees. Lopping of the trees does not comply with the Australian<br />
Standard for pruning AS4373-2007. Pruning is not an appropriate option as the<br />
resultant regrowth grows quickly, is weakly attached and will fail more readily than<br />
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existing branches. Eucalypts that are lopped generally decline rapidly and die within<br />
a few years as they are forced to use resources in generating branches and foliage.<br />
Threatened species and hollow bearing trees<br />
During the tree population survey staff noted that many of the trees were hollow<br />
bearing trees which were potential habitat for threatened species. Due to the number<br />
of hollow bearing trees captured in the audit, Darkheart EcoConsultancy was<br />
subsequently engaged to provide an ecological report on fauna in the reserve. The<br />
results of the survey suggested the site offers value to at least 5 species classified as<br />
threatened under the Threatened Species Conservation Act (1995), namely the<br />
Squirrel Glider, Grey-Headed Flying Fox, Little Bent-Wing Bat, Eastern Freetail Bat<br />
and Glossy Black Cockatoo. The Darkheart report also suggested that the site offers<br />
considerable value to a diverse range of other fauna, especially birds, many of which<br />
were nesting and rearing young at the time of the survey.<br />
Of particular significance was the detection of a Squirrel Glider breeding group and<br />
the possibility of a Glossy Black Cockatoo pair utilising the site for nesting. Both<br />
species are considered sensitive to the removal of key habitat components,<br />
specifically tree hollows for denning and nesting.<br />
The Grey-Headed Flying Fox is also listed as vulnerable under the Environment<br />
Protection and Biodiversity Conservation Act.<br />
The presence of hollow bearing trees within Wall Reserve triggers the need for a<br />
Hollow Bearing Tree Assessment to be undertaken in accordance with <strong>Council</strong>’s<br />
Development Control Plan – General Provisions, Environmental Management (DCP).<br />
Risk management<br />
At the request of staff, <strong>Council</strong>'s Insurer, Statewide Mutual undertook a site<br />
inspection on 11 September 2008 and provided risk management advice regarding<br />
the safety and potential public liability arising from trees within the proposed<br />
revegetation area. Statewide Mutual provided a number of management options<br />
including:<br />
<br />
<br />
<br />
<br />
<br />
Remove existing signage and provide specific signage for the at-risk area<br />
Provide delineation between the at-risk area and the areas that remain<br />
acceptable for use<br />
Inform the community why measures are being taken<br />
Remove all picnic and barbecue structures from the area<br />
consider fencing the bushland area.<br />
<strong>Council</strong> staff gave consideration to this advice from Statewide Mutual and developed<br />
the draft Wall Reserve Concept Plan. The concept plan proposed to define and<br />
enhance revegetation areas, provide an equal access children’s playspace, and<br />
improvements to landscaping. The plan also included a set of steps to provide<br />
access to the breakwall from Wall Street to replace the ramp that was removed<br />
earlier this year due to safety concerns.<br />
There are essentially two key areas within the Wall Reserve plan, the parkland area<br />
between Edith Street and Leighton Close, and the treed area west of Leighton Close.<br />
The idea behind the plan is to significantly improve the recreational opportunities and<br />
visual aesthetics within the parkland area.<br />
Item 11.01<br />
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The revegetation area within Wall Reserve has been proposed to incorporate<br />
recommendations made by Darkheart EcoConsultancy and Statewide Mutual in<br />
respect to the area of bushland.<br />
Whilst a fence around the entire area was considered an option to minimise risk,<br />
<strong>Council</strong> Officers preferred to provide pedestrian access through the site on<br />
maintained access ways to allow local residents to safely move through the site.<br />
A copy of this plan is attached for information.<br />
This plan was exhibited but was not formally adopted by <strong>Council</strong> due to some<br />
community concern surrounding the proposed revegetation area. It should be noted<br />
that 19 submissions were received during the public exhibition period with 11 not<br />
supportive of the proposed revegetation area, while 8 submissions, including one<br />
each from the Camden Haven Protection Society and Friends of Grant Beach, were<br />
supportive of the proposal. There were also 2 submissions in general support of the<br />
overall draft concept plan.<br />
The key objections to the proposed revegetation area included:<br />
<br />
<br />
<br />
<br />
the proposed revegetation area poses a fire risk to adjacent properties<br />
the revegetation area will become a haven for vermin<br />
the proximity of the revegetation area to the playground increases the<br />
likelihood of children being bitten by snakes<br />
the revegetation area will not be maintained and that weeds species will<br />
dominate the area.<br />
A large number of children’s playgrounds in the LGA are located adjacent to<br />
bushland areas. To date there have been no documented snake bites within<br />
children’s playgrounds in <strong>Council</strong>'s parks and reserves.<br />
Vermin are a natural occurrence and will provide a source of food for other species of<br />
fauna in the area.<br />
<strong>Council</strong>’s Bush Regeneration team are currently actively managing the bushland<br />
section of Reserve 80643 between North Haven Beach Reserve and the proposed<br />
regeneration area. They have agreed to assume maintenance responsibility for this<br />
area if <strong>Council</strong> ultimately resolves to return the regeneration area to bushland.<br />
Management options for Wall Reserve<br />
Staff developed three potential management options for Wall Reserve which were<br />
included in the 16 <strong>December</strong> 2009 report to <strong>Council</strong>. The options are still considered<br />
valid and are outlined below:<br />
OPTION 1 - Remove all trees identified as moderate to high risk within the subject<br />
area<br />
This option would require the removal of 88 trees in the subject area. As mentioned<br />
above, this area consists of numerous hollows that provide habitat for various<br />
species of fauna. The removal of this number of trees will result in a significant loss<br />
of habitat for these species.<br />
<strong>Council</strong> staff sought the advice of Mr Jason Berrigan, Darkheart EcoConsultancy in<br />
the development of this report. Mr Berrigan advised that this option has a significant<br />
chance of requiring a Species Impact Statement (SIS) due to:<br />
<br />
Loss of the majority of hollow-bearing trees: This is a Key Threatening Process<br />
under the Threatened Species Conservation Act. Hollows take >100yrs to<br />
develop (small), and are required for breeding by the Squirrel Glider, Glossy<br />
Item 11.01<br />
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Black Cockatoo and threatened Yangochiropteran bats. Breeding of all species<br />
may occur on site; certainly of the Squirrel Gliders. Both mammals also need to<br />
use multiple hollows per season and life cycle stage e.g. due to dimensions of the<br />
hollow, breeding status, pests, predators and competition. Hence significantly<br />
reducing the abundance of hollows will reduce the survivability of the Squirrel<br />
Glider on site. Nest boxes are not an adequate replacement for nest boxes due to<br />
short life span, occupation by non-target species, and poorly understood<br />
influences on hollow suitability. They are only useful as a supplement to an<br />
existing resource, or in areas where hollows are absent, and high dependence on<br />
their presence is not required for survival.<br />
<br />
<br />
<br />
<br />
Loss of carrying capacity below a sustainable threshold: The site has very poor<br />
connectivity to other suitable habitats for the Squirrel Glider, with movement likely<br />
to be for essential dispersal not routine foraging. This currently predisposes the<br />
resident colony to chance extinction (though this may be buffered by the number<br />
of potential refuges from predators) due to insufficient forage (e.g. no flowering<br />
trees in one year due to drought), as well as genetic constraints (though the<br />
dispersability of the species must not be underestimated). Hence the removal of<br />
most of the canopy trees will most likely see the resident colony unable to meet<br />
nutritional requirements to breed let alone survive. They may try to offset this by<br />
using the Banksia/Tea-Tree scrub along the breakwall, but lack of hollows in this<br />
area and high exposure to predators would probably see eventual mortality outbalancing<br />
recruitment, and hence extinction.<br />
Continued suppression of regeneration and recruitment of regeneration: The area<br />
is expected to be maintained as parkland, with no natural regeneration or<br />
insufficient replanting as trees succumb to attrition, hence eventually the<br />
remaining habitat will erode to below sustainable levels, hence leading to loss of<br />
the population.<br />
Reduced connectivity over the site and with coastal scrub to the east: Removal of<br />
about 70% of the site’s canopy will significantly alter current connectivity for the<br />
Squirrel Glider, hence increasing exposure to predators, and also consuming<br />
more energy in movement in foraging. This all places stress on viability.<br />
Most likely will see loss of any potential Glossy Black Cockatoo Nests: Several<br />
large hollows possibly suitable for breeding of this bird are likely to be considered<br />
dangerous, and are expected to be removed. This will prevent any potential use<br />
of the site for breeding by this bird.<br />
An SIS will determine the significance of the site and the population to the<br />
conservation of these species at a local, regional and state scale, and evaluate the<br />
options for the site, and what can be done to abate impacts to the insignificant level.<br />
Mr Berrigan advised that one colony highly vulnerable to extinction is not likely to be<br />
considered significant given large populations in the locality e.g. Dunbogan, Crowdy<br />
Head, Bonny Hills, however, to obtain approval, an offset will most likely be required,<br />
most likely in the form of compensatory habitat. Ratios vary with the site situation,<br />
hence the offset area may be at least twice the size of the area affected.<br />
<strong>Council</strong> will also be required to engage an appropriately qualified person to<br />
undertake a Matter of National Environmental Significance Assessment to identify<br />
whether the works proposed with this option are likely to have an impact on the Grey-<br />
Headed Flying Fox, which is considered to be a matter of National Environmental<br />
Significance under the Environment Protection and Biodiversity Conservation Act.<br />
Item 11.01<br />
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Whether or not an action is likely to have a significant impact depends upon the<br />
sensitivity, value, and quality of the environment which is impacted, and upon the<br />
intensity, duration, magnitude and geographic extent of the impacts.<br />
In addition to the loss of habitat issues associated with this option the removal of<br />
these trees raises concern as the canopies and root systems of the group as a whole<br />
are largely interdependent. That is the canopies act as one in response to wind and<br />
the root systems can graft together. Removal of individual trees increases the<br />
potential for failure in the retained trees for two reasons:<br />
individual tree canopies are more exposed to the wind without the time to<br />
generate adequate tissue to minimise breaking.<br />
the removal or grinding of the stumps of removed trees can damage roots on the<br />
retained trees and there is the likelihood of decay or soil borne pathogens setting<br />
up colonies and spreading back from stumps or roots as they decay in the<br />
ground.<br />
This option triggers the need for a Hollow Bearing Tree Assessment to be<br />
undertaken.<br />
OPTION 2 - To create a managed bushland area with some passive recreation<br />
space<br />
This option requires the removal of 36 trees classified as moderate or high risk within<br />
the subject area. The removal of these trees will provide an area approximately 4000<br />
square metres in size which will be suitable for passive recreational uses.<br />
Mr Berrigan, Darkheart EcoConsultancy advised that this option is better than<br />
OPTION 1 in ecological terms with about 30% canopy loss, but will probably still see<br />
loss of mostly hollow-bearing trees, hence contributing to the pressures detailed<br />
above on a population already highly vulnerable to any adverse changes to their<br />
habitat.<br />
Mr Berrigan also advised this option will see significant fragmentation of the<br />
vegetation, increasing exposure to predation.<br />
The proposed offset of full regeneration of two patches of woodland into forest would<br />
increase carrying capacity, especially if assisted by dense plantings of key species<br />
such as Banksias and wattles. However, the time lag between planting and<br />
recruitment, and establishment of a functioning and productive ecosystem, may well<br />
see the loss in the interim of the currently viable colony of Squirrel Gliders due to<br />
higher predation and breeding failure (e.g. due to insufficient forage). Again, the<br />
animals may be forced to extend their regular range into the coastal scrub to the east<br />
and be exposed to predation due to lack of hollows.<br />
As a further offset, the linkage in Crown land along the breakwall extending<br />
eventually to forest to the north of North Haven and eventually extending behind the<br />
dunes to Bonny Hills (the latter being identical habitat to that on site but in natural<br />
condition, and hence a source of recruits for the site colony) could be enhanced by<br />
bush regeneration (e.g. removal of weeds, planting of eucalypts) and placement of<br />
numerous nest boxes to increase its functional effectiveness for foraging and genetic<br />
exchange. However, this would impose the liability of responsibility on <strong>Council</strong> to<br />
maintain this area to assist the Squirrel Gliders.<br />
In summary thus, there is a lot played to chance that the colony will survive postdevelopment,<br />
if significant offset measures are undertaken over the medium term at<br />
Item 11.01<br />
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least. This conflicts with the Precautionary Principle, hence on the balance of<br />
probability is more likely to be called in for an SIS.<br />
This option will also require a Matter of National Environmental Significance<br />
Assessment to identify whether the proposed works are likely to have an impact on<br />
the Grey-Headed Flying Fox, which is considered to be a matter of National<br />
Environmental Significance under the Environment Protection and Biodiversity<br />
Conservation Act.<br />
Natural Resources staff have advised that the proposed revegetation area<br />
associated with this option would be actively managed by <strong>Council</strong>'s bush<br />
regeneration team.<br />
This option also requires a significant allocation of funding to allow for the SIS to be<br />
undertaken, the implementation and/or maintenance of offsets determined through<br />
the SIS, necessary tree works and site restoration costs. On this basis OPTION 2 is<br />
not seen as the best management model for Wall Reserve.<br />
This option also triggers the need for a Hollow Bearing Tree Assessment to be<br />
undertaken.<br />
OPTION 3 - Formalise two walkways through the site and allow the balance of the<br />
area to regenerate.<br />
This option was included in the draft Wall Reserve Concept Plan which proposed to<br />
undertake deadwooding of all trees around the perimeter of the subject area and<br />
along the fringes of two walkways that would be formalised to provide safe<br />
pedestrian access between The Parade and the access road through the reserve.<br />
OPTION 3 has also been considered by Mr Berrigan who suggested that allowing the<br />
bush to fully regenerate will increase the site’s carrying capacity and hence the long<br />
term viability of the Squirrel Glider. The more habitat regenerated, the greater the<br />
security, especially if linkage to the east is enhanced, for example, by strategic tree<br />
planting and through the installation of a number of nest boxes along the reserve.<br />
The works associated with this option will not trigger the need for an SIS under the<br />
Threatened Species Conservation Act or a seven part test under the Environment<br />
Protection and Biodiversity Conservation Act.<br />
Environmental Services staff have advised that the proposed revegetation area<br />
associated with this option would be actively managed by <strong>Council</strong>'s recently<br />
established bush regeneration team.<br />
This option will also require the removal/relocation of picnic facilities from the area,<br />
and installation of signage throughout the subject area warning the public of the<br />
danger of falling branches in untreated areas. There is also the need for<br />
reinforcement of vegetated fringes around untreated areas to provide a vegetative<br />
barrier aimed at deterring public access into the area.<br />
This is the recommended management model for Wall Reserve on the basis that it<br />
addresses the risk to the community posed by the condition of the trees while<br />
retaining habitat for federally and state protected threatened species.<br />
Bushfire Management<br />
<strong>Council</strong> staff in conjunction with the Rural Fire Service conducted an assessment of<br />
Wall Reserve and adjoining properties during the development of the draft Wall<br />
Item 11.01<br />
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Reserve Concept Plan. At that time it was determined that the proposed regeneration<br />
area posed no significant bushfire risk for three reasons:<br />
<br />
<br />
<br />
The area is less than 1 hectare is an isolated pocket of vegetation more than<br />
100m from larger bushland areas.<br />
There is a road reserve between residences and the regeneration area that<br />
when combined with setbacks provides a 20m+ Asset Protection Zone which<br />
is the maximum possible distance for existing development under the<br />
Bushfire Environmental Assessment Code 2006, and<br />
The fuel loading within the reserve is low.<br />
Previous <strong>Council</strong> resolutions<br />
At the Ordinary <strong>Council</strong> Meeting held on 26 August 2009 it was resolved:<br />
1. That the proposal to upgrade the parkland areas of the concept plan be adopted<br />
with the amendment that a ramp be installed from the reserve onto the breakwall.<br />
2. That a further report be provided to <strong>Council</strong> following investigation into the<br />
proposed bushland area being actively maintained parkland. The future report<br />
needs to determine how best to effectively manage this area as usable open<br />
space, given the constraints of the existing flora and fauna and tree maintenance<br />
issues.<br />
As per resolution 2 included above, a further report was considered at the Ordinary<br />
<strong>Council</strong> Meeting held on 16 <strong>December</strong> 2009 it was resolved:<br />
1. That <strong>Council</strong> recognise the immediate return to usable open space is not feasible<br />
given the threat to public safety posed by the trees in Wall Reserve.<br />
2. The future use of Wall Reserve be considered following the completion of a<br />
Species Impact Statement and a Matters of National Environmental Significance<br />
Determination.<br />
3. That the infrastructure improvements included in the Wall Reserve Concept Plan<br />
be implemented as soon as possible.<br />
In accordance with resolution 3 included above, playground equipment and<br />
associated parks furniture, and the pedestrian ramp onto the breakwall was installed<br />
in the 2009/10 financial year.<br />
Resolutions 1 & 2 from the Ordinary <strong>Council</strong> Meeting held on 16 <strong>December</strong> 2009<br />
have not been auctioned due to the land tenure issues discussed earlier in this<br />
report.<br />
Current situation<br />
As mentioned earlier in this report, land tenure has now been resolved with <strong>Council</strong><br />
appointed as Trustee Manager of the reserve.<br />
Tree health continues to decline and there has been significant branch failure since<br />
the <strong>December</strong> 2009 report to <strong>Council</strong>.<br />
The upgraded playground area within Wall Reserve has proven popular and<br />
experiences high levels of community use.<br />
The proposed revegetation area within the draft Wall Reserve Concept Plan has not<br />
been mown for several years and there has been significant regeneration since that<br />
time. Grass species, wattles and eucalypt species are now present within this area.<br />
Item 11.01<br />
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Even with this area being currently un-maintained there still remains significant<br />
parkland space within Wall Reserve for passive use by the community.<br />
It should be noted that there are other significant areas of parkland adjacent to the<br />
foreshore in North Haven including North Haven Beach Reserve, Hughes Road<br />
Reserve, Bowling Club Reserve, Ostler Park, Riverview Reserve and Bunny’s<br />
Corner.<br />
As mentioned above, the Bush Regeneration team have agreed to assume<br />
maintenance responsibility for this area if <strong>Council</strong> resolves to return the regeneration<br />
area to bushland.<br />
<strong>Council</strong> has recently removed some Flindersia trees in poor health from Clarence<br />
Street, Port Macquarie. A number of Norfolk Island Pines were also recently removed<br />
from the Gaol Point area in Port Macquarie in accordance with adopted a Bushland<br />
Site Action Plan. Both activities generated a number of enquiries from customers<br />
concerned about their removal. The removal of mature native tree species, which<br />
provide habitat for a range of protected and other species of fauna, will also likely<br />
result in some community angst.<br />
Options<br />
<strong>Council</strong> can resolve as is recommended to consider rescinding earlier resolutions on<br />
this matter and regenerate the area within the draft Wall Reserve Concept Plan as<br />
bushland, as outlined as Option 3 within this report.<br />
Alternatively, <strong>Council</strong> can opt to further investigate the potential for tree removal<br />
(Option 1 or 2) to allow for a return to parkland maintenance of the subject area<br />
within Wall Reserve following completion of a Hollow Bearing Tree Assessment, a<br />
Species Impact Statement (if required) and a Matter of National Environmental<br />
Significance Assessment. A report regarding the outcome of this/these assessment/s<br />
would presented to <strong>Council</strong> at a future meeting.<br />
Another option for <strong>Council</strong> consideration is that no option is supported at this point in<br />
time, with a Hollow Bearing Tree Assessment to be undertaken with a report<br />
regarding the outcome of this assessment presented to <strong>Council</strong> at a future meeting.<br />
Consultation/Submissions<br />
In the preparation of the previous reports regarding this matter the following persons<br />
or organizations had been consulted:<br />
Director Infrastructure Services<br />
Manager Parks & Recreation<br />
Tree & Bushfire Management Officer<br />
Recreation & Buildings Coordinator<br />
Environmental Services staff<br />
Darkheart EcoConsultancy<br />
<strong>NSW</strong> Rural Fire Service<br />
<strong>Council</strong>'s Insurer, Statewide Mutual<br />
The Director Infrastructure Services and <strong>Council</strong>’s Natural Resources Officer were<br />
consulted during the development of this report.<br />
Item 11.01<br />
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Planning & Policy Implications<br />
The recommendation included within this report is consistent with the Tree<br />
Management and Environmental Management provisions included within the Port<br />
Macquarie - <strong>Hastings</strong> Development Control Plan 2011.<br />
Financial & Economic Implications<br />
The cost of undertaking a Hollow Bearing Tree Assessment will not be significant and<br />
can be funded by the Tree Management Operational Budget.<br />
The cost of undertaking a Species Impact Statement (if required) will be in the order<br />
of $10,000 - 15,000.<br />
The cost of managing high risk trees within Wall Reserve will be significant should<br />
<strong>Council</strong> resolve to adopt Option 1 or 2, and environmental approvals can be gained<br />
for these works.<br />
Attachments<br />
1. Wall Reserve proposed regeneration area<br />
2. Draft Wall Reserve Concept Plan<br />
3. Darkheart EcoConsultancy Wall Reserve Threatened Species Survey 2005<br />
Item 11.01<br />
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AGENDA<br />
Looking After Our Environment<br />
ORDINARY COUNCIL<br />
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Item: 11.02<br />
Subject:<br />
2013 <strong>NSW</strong> COASTAL CONFERENCE - PORT MACQUARIE<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
4.1.1 Implement a range of proactive programs for the environmental management<br />
of <strong>Council</strong> and privately owned land and waterways.<br />
RECOMMENDATION<br />
That <strong>Council</strong> make provision in the 2013-2014 Operational Plan to underwrite<br />
the 2013 <strong>NSW</strong> Coastal Conference to be held in Port Macquarie in November<br />
2013 to the value of $10,000.<br />
Executive Summary<br />
<strong>Council</strong> has recently been successful in a bid to hold the <strong>NSW</strong> Coastal Conference in<br />
Port Macquarie. Part of the host agreement it that the council underwrites the<br />
conference to ensure its ongoing financial security.<br />
Discussion<br />
The <strong>NSW</strong> Coastal Conference has been run as an annual event since 1990. The<br />
conference has grown to become one of the most successful coastal industry events<br />
held in Australia. It attracts between 250 – 300 participants from throughout <strong>NSW</strong>,<br />
plus some from other states, and can generate considerable media attention for<br />
current coastal issues. Its goal is to bring together professionals, representatives<br />
from local government, state agencies and community groups for an intensive<br />
exchange of current information and research on vital issues for coastal<br />
communities.<br />
<strong>NSW</strong> regional coastal councils take turns hosting the event which takes place in the<br />
first half of November each year. Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> nominated and<br />
was successful in attracting the conference to Port Macquarie for 2013. The<br />
conference will be held at the Glasshouse.<br />
Part of the host agreement is that the council agree to underwrite the conference to<br />
the value of $5,000 -$15,000.<br />
Options<br />
<strong>Council</strong> could choose not to underwrite the conference and therefore relinquish its<br />
hosting rights.<br />
Item 11.02<br />
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AGENDA<br />
Looking After Our Environment<br />
ORDINARY COUNCIL<br />
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Consultation/Submissions<br />
Not applicable.<br />
Planning & Policy Implications<br />
Not applicable<br />
Financial & Economic Implications<br />
It is proposed to underwrite the conference to the value of $10,000. Should this be<br />
required, this allocation will be able to be funded from within existing operational<br />
budgets. It is noted that the conference has run at a profit for the past several years.<br />
Any profit generated from the conference will be forwarded to the <strong>Council</strong> upon<br />
completion of the final budget wrap up (generally within 2 months following the<br />
conclusion of the conference), with the exception of a marketing contribution (15% of<br />
total profit) which is to be carried-over for the ongoing development of the next<br />
conference.<br />
The Coastal Conference has its own bank account which must be used for all<br />
financial transactions for the conference. The conference budget has been<br />
developed the office of the Environment & Heritage and the Conference Managers.<br />
The Conference Managers provide full invoicing and payment processing for all<br />
delegates, sponsors and trade exhibitors.<br />
It is expected that the conference will have appositive economic impact. A<br />
conference of this type has a multiplier effect that would see around $85,000 injected<br />
into the local economy.<br />
Attachments<br />
Nil<br />
Item 11.02<br />
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Item: 11.03<br />
Subject:<br />
EXTENTION OF WASTE SERVICES CONTRACTS<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
4.4.1 Reduce waste to landfill in line with <strong>NSW</strong> targets utilising appropriate<br />
education, facilities and strategies.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Not invite tenders for the Contract concerning the Collection of Waste and<br />
Recoverable Resources from the expiry of the current Contract in October 2011<br />
as pursuant to s55(3)(i) of the Local <strong>Government</strong> Act 1993 (<strong>NSW</strong>), calling for<br />
tenders for short term operations is unlikely to generate a competitive<br />
environment due to high establishment costs and short contract duration.<br />
2. Enter into a Deed of Variation of the current Contract for the Collection of Waste<br />
and Recoverable Resources to extend the operation of that Contract from 30<br />
June 2013 to 31 August 2014.<br />
3. Not invite tenders for the Contract concerning the operation of the Cairncross<br />
Organic Resource Recovery Facility from the expiry of the current Contract in<br />
June 2013 as pursuant to s55(3)(i) of the Local <strong>Government</strong> Act 1993 (<strong>NSW</strong>),<br />
calling for tenders for short term operations is unlikely to generate a<br />
competitive environment due to high establishment costs and short contract<br />
duration.<br />
4. Enter into a Deed of Variation of the current Contract for the operation of the<br />
Cairncross Organic Resource Recovery Facility to extend the operation of that<br />
Contract from 30 June 2013 to 31 August 2014 with the following amendments<br />
to the current contract:<br />
a. Option B1 of the contract (Commercial and Industrial Waste) not being<br />
included in the contact extension.<br />
b. The schedule of rates for Option B of the contract being amended to $90<br />
per tonne from 1 July 2013.<br />
c. Amendment of the minimum tonnage in Clause 2.6.1 to 23,000 tonnes per<br />
annum.<br />
5. Affix the Seal of <strong>Council</strong> to the necessary documents.<br />
Executive Summary<br />
<strong>Council</strong> is currently seeking expressions of interest for Alternate Waste Treatment for<br />
the processing of domestic waste which includes <strong>Council</strong>’s current Organics<br />
Resource Recovery Facility (ORRF). <strong>Council</strong> will also shortly be seeking tenders for<br />
the domestic waste collection contracts. In order to allow for sufficient time for the<br />
new <strong>Council</strong> to become conversant on waste and resource recovery issues and to<br />
provide sufficient lead time for the successful tenders to establish the new operations<br />
it is proposed to enter into short term contract extensions for the ORRF and the<br />
Collection of Waste and Recoverable Resources.<br />
Item 11.03<br />
Page 134
AGENDA<br />
Looking After Our Environment<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Discussion<br />
The Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> (PMHC) Collection of Waste and Recoverable<br />
Resources Contract, currently held by JR Richards Waste and Recycling Services, is<br />
due to conclude at the end of June 2013.<br />
This contract covers a range of services including the distribution, replacement and<br />
collection of the three (3) domestic bins (red, yellow and green), bulky kerbside waste<br />
collection, distribution of kitchen food waste bins and servicing of bulk transfer bins at<br />
<strong>Council</strong> facilities.<br />
In addition, the Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> (PMHC) Alternative Waste<br />
Treatment (AWT) facility Contract, currently held by Remondis Australia Pty Ltd, is<br />
due to conclude at the end of June 2013. This contract incorporates two (2) separate<br />
processing streams:<br />
Area 1 - The Organic Resources Recovery Facility (ORRF). The ORRF processes all<br />
organic (green bin) waste into a high quality compost material for sale. This removes<br />
organic waste from landfill substantially reducing emissions and maximising landfill<br />
capacity.<br />
Area 2 - The Inert Processing Facility (IPF). This facility processed mixed solid<br />
waste (red bin) into an inert waste material again reducing emissions and maximising<br />
landfill capacity. However, in July 2011 the facility was discontinued due to high<br />
costs. A trial of separating commercial and industrial waste was commenced. This<br />
trial has had limited success.<br />
The renewal of the contract for Collection of Waste and Recoverable Resources,<br />
while high cost, is essentially the continuation of a ‘business as usual’ service. This<br />
contract is proposed to run over a 7 year period and is estimated at $41 million over<br />
this period. There is also potentially to link PMHC’s collection contract with Kempsey<br />
Shire <strong>Council</strong>’s collection contract.<br />
Prior to advertising the collection contract tender there will need to be community<br />
engagement on potential changes to the collection frequencies, bin sizes and<br />
kerbside bulky collections.<br />
The Alternative Waste Treatment (AWT) Contract is currently subject to an<br />
Expression of Interest (EOI) for consideration of best practice technologies. The EOI<br />
will also consider:<br />
The ORRF processing facility<br />
Mixed solid waste (red bin) processing options.<br />
Linking a gas (methane) extraction and power generation system to the<br />
process,<br />
Link a package sewer treatment plant (STP) system to the process,<br />
Further inclusion of Commercial & Industrial (C&I) and Domestic waste<br />
streams,<br />
Carbon Price Mechanism (CPM) and future Carbon Emissions Trading<br />
Scheme (ETS).<br />
The AWT contract is proposed to run over a 10 year period and is estimated at $28<br />
million over this period.<br />
Item 11.03<br />
Page 135
AGENDA<br />
Looking After Our Environment<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
The Development Approval (DA) for the Cairncross Waste Management Facility<br />
(WMF) was time limited (20 years) and expires in 2020. A new DA will be required<br />
before the AWT contract can be accepted for the proposed time period.<br />
Options<br />
<strong>Council</strong> could choose to call short term contracts for the waste collection and OORF<br />
however this is unlikely to generate a competitive environment due to the high<br />
establishment costs of any new operator.<br />
Consultation/Submissions<br />
Community consultation in accordance with <strong>Council</strong>’s Community Participation Policy<br />
is proposed prior to the commencement of the tender process.<br />
Planning & Policy Implications<br />
It is proposed not to invite tenders for the short term operation of the Cairncross<br />
Organics Resource Recovery Facility and Collection of Waste and Recoverable<br />
Resources contracts due to the following extenuating circumstances:<br />
Calling tenders for a short term operation waste services is unlikely to generate a<br />
competitive environment due to the high establishment costs of any new<br />
operator.<br />
Prior to calling for long term tenders for domestic waste collection and processing<br />
services, sufficient lead time is required to allow for community engagement on<br />
potential collection changes and to allow for successful tenderers to prepare for<br />
the commencement of the contracts.<br />
Financial & Economic Implications<br />
JR Richards and Sons Pty Ltd, the holder of the Collection of Waste and<br />
Recoverable Resources Contract have advised that they are agreeable to extension<br />
of the contract under the current terms and conditions.<br />
Staff have negotiated a contract extension provisions for the ORRF Contract with<br />
Remondis Pty Ltd. Details of the contract extension particulars, gates fees and minor<br />
contract variations proposed are as follows:<br />
a) Option B1 of the contract (Commercial and Industrial Waste) not being<br />
included in the contact extension.<br />
b) The schedule of rates for Option B of the contract being amended to $90 per<br />
tonne from 1 July 2013.<br />
c) Amendment of the minimum tonnage in Clause 2.6.1 to 23,000 tonnes per<br />
annum.<br />
d) Amendment of the second paragraph of clause 2.8 to provide no cost to<br />
<strong>Council</strong> for the removal of contamination.<br />
The amended charges proposed by Remondis result in an increase of approximately<br />
$185,000 to <strong>Council</strong> for the ORRF component of the contract. This increase is<br />
considered acceptable as the Commercial processing component will cease saving<br />
<strong>Council</strong> approximately $800,000 per annum. A net saving to <strong>Council</strong> of approximately<br />
$615,000.<br />
Item 11.03<br />
Page 136
AGENDA<br />
Looking After Our Environment<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Attachments<br />
Nil<br />
Item 11.03<br />
Page 137
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
What are we trying to achieve?<br />
Our population growth is supported through public infrastructure, land use and<br />
development strategies that create a connected, sustainable and accessible<br />
community.<br />
What will the result be?<br />
<br />
<br />
<br />
<br />
<br />
Supported and integrated communities.<br />
Infrastructure provision and maintenance that respects community<br />
expectations and needs.<br />
A natural environment that can be accessed by a network of footpaths,<br />
cycleways, coastal and hinterland walkways.<br />
Accessible, convenient and affordable public transport.<br />
Employment and population growth that is clustered within urban centres.<br />
How do we get there?<br />
5.1 Create and maintain integrated transport system that eases access between<br />
population centres and services.<br />
5.2 Ensure transport options are safe, functional and meet access needs across<br />
the Local <strong>Government</strong> Area.<br />
5.3 Develop and enhance quality open space and recreational facilities.<br />
5.4 Plan settlements to accommodate a range of compatible land uses and<br />
projected population growth.<br />
Page 138
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Item: <strong>12</strong>.01<br />
Subject:<br />
GRANT OF EASEMENT FOR UNDERGROUND POWER AT PORT<br />
MACQUARIE AIRPORT<br />
Presented by: Corporate & Business Services, Craig Swift-McNair<br />
Alignment with Delivery Program<br />
5.4.2 Undertake planning for a series of prioritised residential land releases including<br />
urban consolidation initiatives in major centres.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Accept the offer of compensation in the amount of $10,663 (GST<br />
Exclusive) for the granting of an easement 2 metres wide for<br />
underground electricity affecting Lot 25 DP1<strong>12</strong>3026 (or land being a<br />
successor in title to Lot 25 DP1<strong>12</strong>3026).<br />
2. Pursuant to Section 377 of the Local <strong>Government</strong> Act 1993, delegate to<br />
the General Manager authority to sign:<br />
a) Deed /contract of easement acquisition<br />
b) Land and Property Information Transfer Granting Easement Form.<br />
Executive Summary<br />
A report to consider a request by Essential Energy to place an 11KV underground<br />
electricity cable within land comprising part of the Port Macquarie Airport.<br />
Discussion<br />
As part of a network upgrade, Essential Energy has sought the consent of <strong>Council</strong> to<br />
place an underground electricity cable in land (Lot 25 DP1<strong>12</strong>3026) that comprises<br />
part of the Port Macquarie Airport. A plan of the intended location of the underground<br />
cable is attached to this report.<br />
As can be seen from the attached plan, the cable is intended to be placed on the<br />
boundary of the airport land and thus the impact on airport operations is not<br />
significant. The cable will follow a path similar to that of a recently laid fibre optic<br />
telecommunications cable.<br />
From an operational perspective, there is no objection to the cable being laid at the<br />
intended location.<br />
Essential Energy seeks to acquire an easement over the length of the cable so as to<br />
ensure their future rights of access for maintenance. The noting of the easement on<br />
the land title also serves as an ongoing reminder for both <strong>Council</strong> and Essential<br />
Energy as to the location of the cable. As such, the granting of an easement is<br />
considered acceptable.<br />
Item <strong>12</strong>.01<br />
Page 139
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Options<br />
There is the option to:<br />
1. Endorse the request by Essential Energy and accept the offer of<br />
compensation as made.<br />
2. Endorse the request by Essential Energy and seek compensation in a<br />
different amount.<br />
3. Not endorse the request by Essential Energy. (Note: Like <strong>Council</strong>’s, Electricity<br />
Providers such as Essential Energy, have powers of compulsory acquisition<br />
should they choose to use them).<br />
Consultation/Submissions<br />
There has been consultation with Essential Energy and <strong>Council</strong> staff and contractors<br />
including <strong>Council</strong>’s Airport Business Enterprise Manager.<br />
Planning & Policy Implications<br />
There are no planning and policy implications for <strong>Council</strong> arising from the grant of the<br />
easement.<br />
Financial & Economic Implications<br />
As a landowner, <strong>Council</strong> is entitled to compensation for the grant of the easement.<br />
Essential Energy has retained a qualified local valuer to assess compensation in<br />
accordance with statutory requirements. An assessment of compensation in the<br />
amount of $10,663 (GST Exclusive) has been made and an offer in writing made in<br />
this amount. As required by legislation, costs incurred by <strong>Council</strong> as part of the grant<br />
of the easement are to be met by Essential Energy. These costs include for example,<br />
fees charged by <strong>Council</strong>’s lawyers as part of the conveyance of the easement<br />
creation.<br />
Whilst it is noted that the valuer retained by Essential Energy is also on <strong>Council</strong>’s<br />
current panel of valuers, an in-house desktop calculation indicates that the amount of<br />
compensation assessed is fair and reasonable. Whilst <strong>Council</strong> is entitled to seek a<br />
valuation in response to the offer by Essential Energy, having regard to the in-house<br />
calculations there would appear, in this situation, to be no advantage in seeking a<br />
further valuation.<br />
The compensation funds will be allocated to the Airport Reserve to assist in the<br />
funding of Airport Operations.<br />
Attachments<br />
1. Plan showing location of proposed underground cable<br />
Item <strong>12</strong>.01<br />
Page 140
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Item: <strong>12</strong>.02<br />
Subject:<br />
LAKE ROAD, PORT MACQUARIE - 40KM/H HIGH PEDESTRIAN<br />
ACTIVITY AREA<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
5.2.1 Plan and implement traffic and road safety programs and activities.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Endorse the implementation of the Lake Road 40kmh High Pedestrian<br />
Activity Area.<br />
2. Place the proposal on exhibition for community information and<br />
comment prior to implementation of the works for a period of sixty days,<br />
3. Report to <strong>Council</strong> following closure of the exhibition period.<br />
Executive Summary<br />
The RMS has approved <strong>Council</strong>’s proposal to implement a 40km/h High Pedestrian<br />
Activity Area along Lake Road, from immediately south of the Savoy Street<br />
intersection to 60m north of the Hill Street intersection. It is now proposed <strong>Council</strong><br />
endorse the plan for implementation.<br />
Discussion<br />
In 2004 <strong>Council</strong> made a request to the RMS (then RTA) for approval to introduce a<br />
40km/h High Pedestrian Activity Area along Lake Road from Hill Street to Savoy<br />
Street, Port Macquarie. The request was made to reinforce proposed traffic calming<br />
works constructed in 2005. This request was declined due to RMS policy at the time.<br />
<strong>Council</strong> has received numerous requests since construction of the existing traffic<br />
calming works to have the speed limits reduced in this section of Lake Road.<br />
In November 2010 the Local Traffic Committee gave unanimous support to resubmit<br />
<strong>Council</strong>’s application to the RMS which was subsequently granted due to changes in<br />
RMS policy. <strong>Council</strong> received funding from the RMS to implement a study that<br />
resulted in the production of a detailed concept design and an estimate of costs<br />
(copy attached).<br />
The works proposed to create the 40kmh zone essentially involve in addition to the<br />
existing works significant pavement markings and signage to reinforce to<br />
approaching traffic the speed zone.<br />
Item <strong>12</strong>.02<br />
Page 141
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
In November 20<strong>12</strong> the Local Traffic Committee gave unanimous support to the<br />
proposed plan. Infrastructure Operations have tentatively scheduled construction of<br />
the works early 2013 subject to endorsement.<br />
It is recommended <strong>Council</strong> now endorse implementation of the works as designed.<br />
Options<br />
<strong>Council</strong> has the option to support the proposal , defer implementation for further<br />
consultation or reject the proposal.<br />
Consultation/Submissions<br />
The proposed 40kmh pedestrian zone was initiated in response to several resident<br />
and local business concerns to the safety of pedestrians crossing Lake Road.<br />
Consultations have been limited to internal staff and the local traffic committee<br />
comprising <strong>NSW</strong> Police, RMS and the Local MP representatives.<br />
It is to be noted the existing traffic calming works were consulted with residents and<br />
the community during 2005.<br />
Although the proposed 40kmh works do not significantly alter the existing works it is<br />
proposed to exhibit the proposal for community information and comment. It is<br />
expected the proposal will on safety grounds attract wider community support as well<br />
and should this be demonstrated through the exhibition feedback.<br />
Planning & Policy Implications<br />
The proposed works have no negative Planning & Policy Implications for <strong>Council</strong>.<br />
The proposal aligns with <strong>Council</strong>s objectives for improved road safety and access.<br />
Financial & Economic Implications<br />
The works are estimated to cost $144,269 and are proposed to be funded $104,269<br />
<strong>NSW</strong> <strong>Government</strong> and $40,000 <strong>Council</strong> 20<strong>12</strong>/13 Infrastructure Operational budgets.<br />
Attachments<br />
1. Lake Road 40km/h High Pedestrian Activity Area<br />
Item <strong>12</strong>.02<br />
Page 142
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Item: <strong>12</strong>.03<br />
Subject:<br />
THRUMSTER SEWERAGE<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
5.5.5 Construction of sewerage assets.<br />
RECOMMENDATION<br />
That <strong>Council</strong> receive and note the updated information in relation to the<br />
provision of a sewage transfer system for Thrumster, via the directional<br />
drilling pipeline connecting to the existing Port Macquarie Sewerage Scheme.<br />
Executive Summary<br />
Construction of sewer rising main including underbores below Partridge Creek is due<br />
for completion in February 2013 thus enabling connection of Area 13 sewerage to the<br />
Port Macquarie reticulation system.<br />
Works to be completed include:<br />
Completion and connection of sewerage rising main to the underbore<br />
Completion of connections to SPS No. 23 on <strong>Hastings</strong> River Drive<br />
Commissioning of full transfer systems<br />
Discussion<br />
Transfer of sewage from the Area 13 land development area to the existing Port<br />
Macquarie Sewerage Scheme is dependent on the completion of the following<br />
facilities:<br />
Thrumster SPS No. 1<br />
Rising main pipework from Thrumster SPS No. 1 to Port Macquarie SPS No.<br />
23 on <strong>Hastings</strong> River Drive<br />
Gravity reticulation network to serve the land release area<br />
Construction of the Thrumster SPS No. 1 was completed in 2010.<br />
The initial stages of the gravity reticulation systems was completed in 2011 to cater<br />
for staged growth.<br />
Completion of the rising mains has been dependent on the construction of two<br />
directional drilled pipelines across the Partridge Creek wetland at the end of<br />
Fernbank Creek Road.<br />
Item <strong>12</strong>.03<br />
Page 143
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
A contract was let in October 2009 to undertake this work to Pipeline Drillers Group.<br />
A total of four pipelines were to be constructed to achieve the following:<br />
<br />
<br />
<br />
The transfer of sewage from Thrumster to Port Macquarie<br />
The transfer of recycled water from the future proposed Thrumster Sewage<br />
Treatment plant to Port Macquarie (Kooloonbung Creek) for disposal<br />
The transfer of recycled water from the Thrumster Sewage Treatment plant to<br />
the Thrumster residential area for reuse<br />
Due to an environmental breach in November 2009, only one of the four pipelines<br />
was completed. Delays to the project were then experienced resulting from<br />
investigations carried out by EPA on the breach. Final outcomes resulted in punitive<br />
action taken against the Contractor. <strong>Council</strong> were exonerated from any responsibility<br />
for the breach. The contract was suspended for the period of the investigation with<br />
negotiations undertaken for recommencement of work following resolution of the<br />
legal action.<br />
Following the courts determination, <strong>Council</strong> again considered the underbores<br />
required and at the ordinary <strong>Council</strong> meeting on 25 July 20<strong>12</strong> resolved the following.<br />
That <strong>Council</strong>:<br />
1. Recommence works in accordance with Tender T-09-04 and subsequent<br />
negotiations undertaken in accordance with the terms and conditions of the<br />
Deed of Agreement, and accept the revised contract price from Pipeline Drillers<br />
Group to complete the installation of 2 directional drilled pipes at Thrumster for<br />
the value of $2,109,004 Exc GST.<br />
2. Provide delegated authority to the General Manager to approve variations up to<br />
an additional $200,000 should hard rock be encountered.<br />
Accordingly, directional drilling recommenced in August 20<strong>12</strong> to complete<br />
construction of two pipelines to allow transfer of sewage to the existing Port<br />
Macquarie reticulation network and for future disposal of recycled water from the<br />
proposed Thrumster Sewage Treatment Plant to the Port Macquarie effluent<br />
discharge into Kooloonbung Creek. Presently the contractor is offsite which will allow<br />
the completion of the first transfer line. The contractor will return early in the new<br />
year to complete the second underbore required for the ultimate effluent disposal<br />
system.<br />
The remaining pipeline for supply of reclaimed water to Thrumster residential area<br />
was to be constructed adjoining the initial pipeline where the environmental breach<br />
occurred. This will now be redesigned in an alternate location, if it is required, to<br />
avoid the environmental risk where the previous breach occurred.<br />
Current Status<br />
The first underbore pipeline for the transfer of sewage from the Thrumster SPS No. 1<br />
to the Port Macquarie reticulation network has been completed. Final connections<br />
for this pipeline are anticipated to be completed during February 2013, the system<br />
will then be commissioned, which will in turn allow the transfer of sewage from Area<br />
13 to the Port Macquarie scheme.<br />
Item <strong>12</strong>.03<br />
Page 144
AGENDA<br />
Options<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Further development of the Thrumster sewerage scheme is subject to examination of<br />
the current concept design. Options for construction of a Sewage Treatment Plant at<br />
Thrumster will be considered as part of this examination.<br />
Consultation/Submissions<br />
Consultation has been undertaken with <strong>Council</strong> staff, developers and landowners to<br />
develop strategy.<br />
Planning & Policy Implications<br />
This is a further step in progressing the provision of services to the Area 13<br />
development. When connections are finalised, this work will complete Stage 1 of the<br />
Thrumster Sewerage Scheme.<br />
Financial & Economic Implications<br />
Completion of the current contract works is in accordance with the approved budget.<br />
Based on progress to date, it is anticipated all works will be completed within the<br />
approved budget.<br />
Attachments<br />
Nil<br />
Item <strong>12</strong>.03<br />
Page 145
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Item: <strong>12</strong>.04<br />
Subject:<br />
SMALL VILLAGES SEWERAGE SCHEME<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
5.5.4 Plan, investigate and design for the delivery of sewerage assets.<br />
RECOMMENDATION<br />
That <strong>Council</strong> note the discussion detailing the proposed program of the<br />
Village Sewerage Schemes and the current status of each scheme.<br />
Executive Summary<br />
<strong>Council</strong>, at its meeting held on 10 October 20<strong>12</strong>, resolved:<br />
“That a report be brought to the <strong>December</strong> 20<strong>12</strong> <strong>Council</strong> Meeting on the history and<br />
status of the Small Towns Sewerage Scheme, especially regarding Comboyne.”<br />
Discussion<br />
Delivery of reticulated sewerage services to the villages of Herons Creek,<br />
Beechwood, North Shore, Comboyne, Long Flat and Telegraph Point is continuing.<br />
<br />
<br />
<br />
<br />
Herons Creek has been completed with residents to be requested to connect<br />
shortly.<br />
Beechwood designs have been completed and tender documents are<br />
currently being finalised to enable tenders to be called.<br />
Review of concept designs for North Shore is currently underway.<br />
Review of concept designs for Comboyne, Long Flat and Telegraph Point are<br />
currently under consideration.<br />
The construction of sewerage facilities for the village areas align with <strong>Council</strong>’s social<br />
focus in the facilitation of community growth and through the provision of quality<br />
services, strategies and infrastructure for the betterment of the community.<br />
Overall the project aligns with both Planning and Providing our Infrastructure and the<br />
Environmental areas of the Community Strategic Plan.<br />
The provision of sewerage facilities to the village areas is fully funded and included<br />
each year in works programme up to 2016/17.<br />
Item <strong>12</strong>.04<br />
Page 146
AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
<strong>Council</strong> resolved to provide sewerage services to the above village to address<br />
environmental concerns related to on-site disposal systems affecting adjoining<br />
residential areas and water courses.<br />
Investigations into the provision of sewerage services for the six village areas in the<br />
Port Macquarie-<strong>Hastings</strong> Local <strong>Government</strong> Area (LGA) being Herons Creek,<br />
Beechwood, North Shore, Comboyne, Long Flat and Telegraph Point have been<br />
continuing over a lengthy period.<br />
Sinclair Knight Merz Pty Ltd were engaged by <strong>Council</strong> and the Department of Energy<br />
and Utilities (now <strong>NSW</strong> Office of Water) in 2002 to develop options reports for the six<br />
villages and undertake the necessary environmental studies associated with each<br />
scheme.<br />
The provision of sewerage services into the Villages has been impacted by a number<br />
of factors since the initial engagement of Sinclair Knight Merz. Following<br />
modifications to the Country Towns Water Supply and Sewerage Scheme program,<br />
where subsidy from the <strong>NSW</strong> State <strong>Government</strong> was reduced, now providing only<br />
20% funding of construction cost only for two of <strong>Council</strong>’s schemes being Herons<br />
Creek and North Shore, (down from a 50% subsidy for all six schemes originally)<br />
further delays in the provision of the schemes have been experienced.<br />
Modifications to the Camden Haven STP Licence by the <strong>NSW</strong> EPA required an<br />
upgrade to the Camden Haven Sewage Treatment Plant to improve effluent quality<br />
being discharged was completed with a total cost of $17.5M, improvements<br />
requested by the then Administrator Mr D Persson on upgrades to the Camden<br />
Haven sewerage scheme reticulation networks to address wet weather surcharging<br />
$1.75M and the loss of income from interest into the sewerage fund as an outcome<br />
of the GFC and the impact of the CDO investments held by <strong>Council</strong> have delayed the<br />
delivery of the Village schemes.<br />
Current progress and proposed completion dates for the schemes are as follows.<br />
The scheduling of the schemes has been based on environmental risk and ease of<br />
construction:<br />
Herons Creek – Construction and commissioning complete. Notification to be sent to<br />
landowners to commence connection to the new scheme in the near future.<br />
Beechwood – Design complete. Tenders for construction to be called over the next<br />
two months with <strong>Council</strong> likely to consider the tender outcome at its March 2013<br />
meeting.<br />
North Shore – Concept review underway. Further consultation with the local<br />
community will commence during early 2013 with construction proposed during<br />
2013/14.<br />
Comboyne – Concept prepared. In 2005 <strong>Council</strong> acquired land (approx 70ha)<br />
immediately to the east of the town for the construction of a package sewage<br />
treatment plant and discharge of effluent via pasture irrigation. Based on the current<br />
works program, the scheme is currently proposed to be constructed in 2014/15.<br />
A review of the original concept report is to be carried out in view of changing<br />
technologies for transfer and treatment of sewage and disposal/reuse of effluent.<br />
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Long Flat – Initial concept prepared. Construction proposed 2015/16.<br />
Telegraph Point – Initial concept prepared. Construction proposed 2016/17.<br />
Options<br />
Examination of concept designs currently completed may identify the need for further<br />
option examination. Concept designs were originally completed 2005/2006 with<br />
potential developments in technology changing recommendations.<br />
The currently schedule and program is as included in the previous delivery program,<br />
modification of the schedule and timing of these works could be amended although<br />
this is not supported at this time.<br />
Consultation/Submissions<br />
Consultation has been undertaken with <strong>Council</strong> staff, developers and landowners to<br />
develop strategies. Additional consultation and engagement has occurred over a<br />
long period with the following stakeholders.<br />
Agencies<br />
Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> (PMHC)<br />
Department of Environment, Climate Change & Water (DECCW) includes<br />
Environmental Protection Agency (EPA)<br />
<strong>NSW</strong> Office of Water<br />
<strong>NSW</strong> Public Works<br />
Essential Energy<br />
Other Parties<br />
Local communities of Herons Creek, Beechwood, North Shore, Comboyne,<br />
Long Flat and Telegraph Point<br />
Consultants<br />
Contractors<br />
Planning & Policy Implications<br />
Delivery of this program is in accordance with the current program of works.<br />
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Financial & Economic Implications<br />
Completion of the current contract work at Herons Creek is in accordance with the<br />
approved budget.<br />
Funds are available for completion of the Beechwood scheme with construction due<br />
to commence early 2013.<br />
Further program review will be undertaken in view of expenditure projections and<br />
may be subject to refinement based on reassessment of financial capacity.<br />
Attachments<br />
Nil<br />
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Item: <strong>12</strong>.05<br />
Subject:<br />
DESIGN, CONSTRUCTION AND MAINTENANCE OF TRANSPORT<br />
ASSETS<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
5.1.2 Construct road and transport assets.<br />
RECOMMENDATION<br />
That <strong>Council</strong>;<br />
1. Receive and note the Infrastructure Services Division’s commitment to<br />
ongoing transport service improvements as discussed in this report.<br />
2. Confirm their endorsement of the risk based approach to hazard<br />
identification, inspections, assessment and prioritisation of<br />
roads/transport assets maintenance based on the Statewide Mutual<br />
Best Practise Guidelines as adopted by <strong>Council</strong> under Administration on<br />
23 May 20<strong>12</strong>.<br />
Executive Summary<br />
<strong>Council</strong> resolved at the 10 th<br />
October 20<strong>12</strong> ordinary meeting as follows;<br />
That a report be brought to the <strong>December</strong> 20<strong>12</strong> <strong>Council</strong> meeting on the current<br />
practices for road design, maintenance and construction and the options available for<br />
improving road design and construction processes, especially through better<br />
consultation with industry.<br />
This report presents an overview of current practices, recent improvement initiatives<br />
and discusses opportunities for further improvements.<br />
The discussion covers transport assets rather than being limited to road assets to<br />
ensure all transport asset types such as bridges, cycle ways and traffic facilities is<br />
included. <strong>Council</strong>’s responsibilities under the Roads Act are not limited to only roads<br />
but also other transport infrastructure including footpaths, cycleways, kerb and gutter,<br />
road related drainage and bridges and culverts also comprise part of <strong>Council</strong>’s<br />
transport network and its responsibilities to maintain under the Roads Act. <strong>Council</strong><br />
has 173 bridges across the LGA and over 1500 culverts located in road reserves, all<br />
of which are individually identified and maintained by <strong>Council</strong>s operational staff.<br />
The other transport assets within the LGA network including kerb and gutter,<br />
drainage footpaths, signs, vegetation maintenance, trees, open spaces within road<br />
reserves and medians and traffic islands are all also maintained by <strong>Council</strong>.<br />
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The design, construction and maintenance of transport assets is essentially delivered<br />
by the Infrastructure Services Division within the following framework.<br />
<strong>Council</strong>s four (4) year delivery programme schedules Transport Assets to be<br />
delivered. Budgets are allocated in the annual operational plan for the first year of<br />
the delivery programme, which confirms <strong>Council</strong>’s commitment deliver a particular<br />
work or activity for each financial year.<br />
Design<br />
Engineering designs for transport assets is delivered by the Survey and Design unit<br />
located within <strong>Council</strong>s Technical Services Section. Delivery is reliant upon a<br />
combination of <strong>Council</strong> full time design staff and outsourcing to design consultants.<br />
Delivery of the 20<strong>12</strong>/13 design programme is approximately 40% by design staff and<br />
60% outsourcing.<br />
The current design process includes the following key steps;<br />
Design brief to confirm scope of works<br />
Engineering surveys<br />
Concept design and cost estimate<br />
Environmental Assessments<br />
Consultations (internal and external)<br />
Final Preliminary Designs and cost estimates<br />
Resource Estimates and budget reviews<br />
Final designs, environmental approvals and hand over for construction.<br />
1.<br />
The attached flowchart illustrates the current design process that forms part of the<br />
Unit’s quality management system.<br />
The principal objective for the Unit is to deliver cost effective and high quality designs<br />
on time.<br />
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Design Costs<br />
The design brief created for each design includes a detailed scope of works signed<br />
off by the Section Manager and customer. The scope of works establishes the design<br />
outcomes expected within the available budgets, and is therefore critical in terms of<br />
ensuring cost effective design outcomes. Subsequent checks and resource<br />
estimating with budget reviews as required also provides for cost control. Industry<br />
wide design costs are generally in the range of 5% to 15% of construction costs with<br />
the greater the construction costs the lower the design cost percentages. <strong>Council</strong>’s<br />
Design Unit design costs consistently fall within this range.<br />
Design Quality<br />
The quality of designs is assured through the Design Unit’s quality controls. Design<br />
files are created for each design (including outsourced designs) ensuring all relevant<br />
documentation is held for future reference. Quality checks are documented, signed<br />
off and filed for future auditing as required. Attached is a copy of the Design Units<br />
quality checklist. Construction staff provide a “Project Report” post construction<br />
highlighting design omissions or suggested improvements. This information is taken<br />
forward by designers when preparing future designs.<br />
Design Standards<br />
The designer must certify as part of the quality checks that each design is compliant<br />
with the specified standards. Relevant standards are specified in the design brief and<br />
vary depending on the complexity of the design. <strong>Council</strong> has endorsed the “Aus-<br />
Spec” suite of specifications for the design and construction of public infrastructure<br />
assets. These specifications are industry endorsed as best practice for local<br />
governments by the Institute Public Works Engineering Australia (IPWEA) and are<br />
used by the majority of <strong>Council</strong>s throughout Australia. These specifications default to<br />
other national standards such as Austroads and Australian Standards for specialist<br />
design work (eg bridges and major structural work). Review of the Aus-Spec suite of<br />
specifications is ongoing with the last major review with Mid North Coast <strong>Council</strong>s<br />
completed during 2005. Another major review is planned to commence 2013. The<br />
review will be undertaken in consultation with public and private sector<br />
representatives to ensure the specifications incorporate industry accepted best<br />
practice.<br />
Design Delivery<br />
The Design Unit has struggled in recent years to deliver designs on time (ie suitably<br />
in advance of construction scheduling). Delays in design delivery has in part<br />
impacted on <strong>Council</strong>s ability to deliver works programmes as scheduled. The delivery<br />
of designs was reported to <strong>Council</strong>’s Executive during early 20<strong>12</strong> which resulted in<br />
an additional financial allocation to advance the completion of designs scheduled for<br />
2013/14 and 2014/15. In addition to the financial allocation a review of the design unit<br />
has commenced with the aim of identifying and implementing process and<br />
performance management improvements. This initiative aligns with and is likely to<br />
be reinforced in the current organisational review assisted by the independent advice<br />
of LSI.<br />
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Design Services Initiatives<br />
The Design Unit was “benchmarked” during 2005 with three (3) like <strong>Council</strong>s and<br />
three (3) design consultancies. The results showed <strong>Council</strong>’s Design Unit to be<br />
competitive and highlighted some potential areas for improvement. It is to be noted<br />
design staff have reduced from seven (7) to four (4) since 2005 which has limited the<br />
delivery capacity of the Unit. It is proposed during 2013 for design management to<br />
visit like <strong>Council</strong>s and design consultancies and undertake a fresh benchmarking<br />
exercise as part of the design unit overall review.<br />
As mentioned earlier in this discussion approximately 60% of designs are outsourced<br />
to private consultancies (local and regional). The outsourcing provides an opportunity<br />
to compare work processes, practices and costs with <strong>Council</strong>’s design unit. Current<br />
indications reveal private sector design consultants are operating under similar<br />
constraints to <strong>Council</strong>s design operations. Further detailed comparisons are<br />
proposed to draw conclusions at the end of this financial year when <strong>Council</strong> will have<br />
the benefit of the completion of the current outsourced design programme.<br />
Ongoing professional development of the design staff is supported by <strong>Council</strong>.<br />
IPWEA is the mainstream professional body which hosts a variety of forums and<br />
training programmes that develops local government engineers, including designers.<br />
<strong>Council</strong>’s design team attend regional meetings and scheduled training courses to<br />
keep abreast of industry best practice. The IPWEA forums also provide an<br />
opportunity to ‘network” with industry colleagues to share knowledge on their<br />
respective practices. The Section Manager was sponsored in 2010 by IPWEA to<br />
participate in a world study tour of <strong>Council</strong>s in the USA and UK with the specific<br />
objective of reporting on engineering best practices suitable for public works<br />
engineering in Australia. <strong>Council</strong> has the benefit of the knowledge and experience<br />
gained by the Manager of the Design Unit from this tour, which value adds to design<br />
processes and outcomes.<br />
The Section Manager is also a professional engineering representative on the<br />
IPWEAs (<strong>NSW</strong>) Road Directorate and Technical Committee. Best practice is a key<br />
vision for both these forums. The Manager regularly engages with <strong>Council</strong> design<br />
and construction staff on best practice initiatives derived through these forums.<br />
Construction and Maintenance<br />
What is a road?<br />
<strong>Council</strong> maintains various different areas we define as roads. A road is a formed<br />
structure within a road reserve, road reserve being the gazetted areas throughout the<br />
LGA area that are designated as either roads or Crown roads. Roads can vary<br />
significantly in structure from almost unformed tracks across rural blocks within road<br />
reserves to the formal and quite expensive and significant structures of Ocean Drive<br />
and the like which see 2 lanes in both directions of concrete pavements kerb and<br />
gutter, footpath, lighting, line marking, gardens and landscaped areas. <strong>Council</strong>’s road<br />
network comprises both sealed and unsealed roads.<br />
The Road Network<br />
<strong>Council</strong>’s road network comprises approximately 1370 roads over <strong>12</strong>97 centre line<br />
kms. The sealed roads comprises 813 kms and the unsealed roads comprise the<br />
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484km remaining. <strong>Council</strong>’s sealed road network services approx 34,000 residential<br />
properties and the unsealed road network services approx 1500 residential<br />
properties and businesses.<br />
Standards for Roads Construction and Maintenance<br />
There are various industry standards for roads construction and maintenance<br />
published by such organisations as Austroads Group, the Aust Roads Research<br />
Board and in the form of the Aus-Spec managed by the Institute of Public Works<br />
Engineers Australia. <strong>Council</strong> does have an adopted set of specifications for its roads<br />
from its high traffic sealed arterial roads through to its unsealed gravel roads in the<br />
form of the Aus-Spec suite of documents. The Aus-Spec documents provide specific<br />
details to which the development industry and <strong>Council</strong> conform in the construction<br />
and maintenance of roads and transport assets in PMHC area. The Aus-Spec is<br />
consistent suite of documents that is broadly implemented across the State for<br />
insuring some level of consistency between local government areas in roads<br />
maintenance and construction techniques and designs<br />
Why does <strong>Council</strong> maintain Roads?<br />
<strong>Council</strong> is delegated as all local <strong>Government</strong> organisations in <strong>NSW</strong> are as the Roads<br />
Authority for the local roads within their LGA. <strong>Council</strong> is required to exercise this<br />
delegation in delivering a safe and effective transport network to community of Port<br />
Macquarie <strong>Hastings</strong>. The Civil Liabilities Act also impacts on and requires <strong>Council</strong> to<br />
undertake its responsibilities in providing a safe and effective transport network to the<br />
community in an efficient and reasonable way and utilising reasonable resources.<br />
Other structures<br />
The maintenance that is undertaken by <strong>Council</strong> staff forms a significant part of the<br />
<strong>Council</strong>’s overall operational expenditure each year and is broadly broken into the<br />
following areas for reporting and also for budget allocations. The areas comprise:<br />
1) Sealed road maintenance including jet patching pothole repairs inspections<br />
and street sweeping.<br />
2) Unsealed maintenance comprising maintenance grading, gravel re-sheeting<br />
and unsealed roads gravel potholing.<br />
3) Sealed road repairs which comprising heavy patching, footpath repairs kerb<br />
and gutter repairs and also council’s resealing allocations.<br />
4) Roadside vegetation maintenance including roadside slashing, outreach<br />
mowing, vegetation control by hand such as mowing and trimming and also<br />
vegetation control via chemicals including <strong>Council</strong>’s roadside weed spraying<br />
roads team.<br />
5) <strong>Council</strong>’s roadside furnishings which includes signs, line marking, graffiti<br />
removal, barriers, fences, bus stops and other roadside furnishings.<br />
6) <strong>Council</strong>’s roadside drainage maintenance which includes drainage structures,<br />
lines, pits pipes open drains and some culverts and the<br />
7) <strong>Council</strong>’s bridges and culverts<br />
Roads hierarchy<br />
The 1400 approx roads in the LGA are arranged in priority order within the <strong>Council</strong><br />
sealed and unsealed roads maintenance hierarchy. The roads hierarchy ranks every<br />
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one of the roads from the top 10 to the top 140 in individual order and then<br />
categorises the remaining roads as either through roads or no through roads beyond<br />
the top 140. The ranking of the roads is indentified based on traffic volumes, speed<br />
limits, proximity to town centres, regional significance, bus routes, proximity to<br />
schools, safety of the alignment and the pedestrian and CBD considerations also.<br />
The roads hierarchy is an adopted list and decision of the <strong>Council</strong> and forms a very<br />
important part of the prioritisation and inspections process utilised by <strong>Council</strong> to<br />
confirm which roads maintenance tasks are undertaken first and in what order those<br />
works are undertaken. Refer to <strong>Council</strong> Meeting of 23 May 20<strong>12</strong> (as part of the<br />
Statewide Mutual Best Practice Guidelines for Roads).<br />
Customer request management<br />
<strong>Council</strong>’s roads section receives a large number of customer requests on a daily<br />
basis. It is not uncommon to receive greater than 40 individual requests on a given<br />
day on roads related issues and <strong>Council</strong>’s process in dealing with these customer<br />
requests is integral to its customer service function in the broader context. <strong>Council</strong><br />
has adopted the Statewide Mutual Best Practice Guidelines for roads maintenance<br />
as the basis for its prioritisation and works allocation in roads maintenance.<br />
Statewide Mutual is <strong>Council</strong>’s public liability insurer and also it insures the majority of<br />
<strong>Council</strong>s across <strong>NSW</strong>. The Statewide Mutual Best Practice Guidelines requires<br />
<strong>Council</strong> to have a roads hierarchy and also to have a formal inspection and<br />
prioritisation process that allows the most critical and high risk works to be<br />
undertaken ahead of all other works. In general terms the system prioritises all works<br />
based on risk and public safety and does not weight the quantum or number of<br />
customer request for a given issue at all and as such is not prone to being influenced<br />
by squeaky wheels. The system deals with each customer request issue on its own<br />
merits and based on risk and public safety. The inspection process put simply<br />
commences when a customer indicates to <strong>Council</strong> that they have an issue that they<br />
would like <strong>Council</strong> to have a look at or investigate. A simple letter is returned to the<br />
customer once that inspection has taken place and that letter contains information<br />
regarding the inspection. The inspection is undertaken by <strong>Council</strong>’s roads and<br />
transport asset inspections officer. That inspection ranks and assesses the likelihood<br />
and consequence of the hazard and gives it a risk score from 1 to 20. There is then a<br />
corresponding matrix of service levels depending on what the risk score is with high<br />
risk scores having a very short period of time for service standard in some case as<br />
low as 4 hours for make safe repair on an item e.g. A major trip in a footpath that<br />
has been identified or a very significant pavement defect that is causing motorists a<br />
significant hazard through to a 6 months and beyond as a services standard for lower<br />
priority works that do not pose more that perhaps a nuisance or inconvenience to a<br />
very minor number of ratepayers. The roads hierarchy is integrally included in the<br />
customer request management process and as such ensures that the works<br />
undertaken as high priorities are always in the benefit of the majority of the maximum<br />
number of ratepayers as opposed to being prone to squeaky wheel management.<br />
Failure modes of roads<br />
Put simply roads worst enemy is water, whether that is water that is coming through<br />
the seal of a road or its water effecting an unsealed road or it is water coming up<br />
from underneath in a water logged context beneath the road. Water causes roads to<br />
fail more quickly and keeping water out of road pavements is the fundamental<br />
challenge in maintaining and providing an effective road network. Many community<br />
members will be familiar from their casual observation with the failure of road from<br />
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potholing, however potholing is not the first signs of a pavement in fatigue and a<br />
pavement under stress. Closer examination of many roads identifies significant<br />
cracking whether that be longitudinal cracking or smaller cracking all of which allows<br />
water to pass through the seal and enter the gravels and bases of the road and<br />
compromising either quickly or slowly over the days and weeks that follow. As water<br />
enters a road pavement the stones on the surface can be made loose and plucked<br />
out forming a small hole which quickly develops into a larger pothole which many<br />
community members will be familiar with. Other common failures seen in the roads of<br />
Port Macquarie and moreover roads in general is shoving or rutting. This is where the<br />
pavement deforms downwards and causes what appears to be a long and thin rut in<br />
the wheel path of the travel lane. Left untreated this can also lead to potholing but<br />
also tends to push up material outside of the wheel paths and can be seen on many<br />
of our high traffic roads after rain where significant lumps for want of a better term,<br />
are formed on and around generally the outside fog line which is outside of the wheel<br />
path where gravel materials from the pavement are pushed down and then<br />
depressed outwards causing those significant failures. There are a number of options<br />
for treating road failures and the most simple being pothole patching through to quite<br />
expensive and elaborate road rehabilitation and road reconstruction options for<br />
pavements that have a significantly gone past their effective lives.<br />
Potholing treatments and options<br />
Many community members provide <strong>Council</strong> specific comment, feedback and<br />
complaints in regard to <strong>Council</strong>’s methods of repairing and treating potholes. There<br />
are a number of options available to <strong>Council</strong> in any day for the treatment of potholes<br />
all of which have both advantages and disadvantages. One of the main constraints<br />
that drives <strong>Council</strong> towards the treatment of potholes in the way that it does at the<br />
moment is the responsibility under the Civil Liabilities and Roads Act in that <strong>Council</strong><br />
does have an obligation to make safe and provide a road network that minimises the<br />
chance of accidents and as such reduces and removes hazards as they are identified<br />
and assessed. This is made particularly difficult in wet conditions which is often<br />
coincidence with the maximum number of pavement defects being experienced,<br />
however in simple terms when it is raining there is very little that can be done to<br />
effectively treat a pothole other than shovel by hand hot mix or other hot mix<br />
substitutes whether they be cold mix or retarded hot mix products into the holes.<br />
Often this is done when the holes are wet and is done in the full knowledge that the<br />
road repair could and probably would most likely go on to fail again but is undertaken<br />
in consideration of <strong>Council</strong>’s responsibilities under the Civil Liabilities Act to ensure<br />
that that pavement is made safe and trafficable as quickly and continuously as<br />
possible given the available conditions. In conditions immediately following the<br />
weather where there are many potholes apparent across the LGA the hot mixing or<br />
what we call tar patching is a quick and effective method of dealing with potholes.<br />
This process involves removing the loose material from the hole with a broom and<br />
then applying the hot mix by hand to the hole. In larger cases wheel rolling the<br />
shovelled hot mix into the hole gives it some compaction or in high traffic locations<br />
this is left to the traffic within a matter of minutes generally have the potholes rolled<br />
into a compacted state. Currently the preferred option of pothole treatment is the<br />
utilisation of the jet patching machine. <strong>Council</strong> has 2 jet patching machines which<br />
carry emulsion and a fine aggregate of approx 5mm. The emulsion which is a mixture<br />
of bitumen and water is heated and applied to the road via a snorkel to the rear or the<br />
front of the truck. Within the snorkel gravel is also introduced and the mix of emulsion<br />
and gravel is sprayed into the pothole area and the quantity of material sprayed<br />
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allows the pothole to be filled and then a sealed around the existing area as to also<br />
better water proof the area and in an attempt to avoid further potholes.<br />
The jetpatching method of pothole patching is advantageous over the traditional tar<br />
patching process involving hot mixes or cold mixes but does take significantly more<br />
time, plant and materials and also generally requires more elaborate traffic control<br />
given the time required for the jetpatching vehicle to be on or in front of the pothole<br />
while the pavement repair is undertaken. It is a compromise for <strong>Council</strong> dealing with<br />
significant quantities of potholes across the network to effectively treat the significant<br />
hazards in accordance with our prioritised works list while also attempting to ensure<br />
that re-work is minimised by seeing the jet patchers undertake the maximum number<br />
of pothole repairs particularly on high traffic roads where failures lead to increased<br />
hazards and also tend to be more apparent more quickly if effective repairs are not<br />
implemented.<br />
Proactive versus reactive maintenance and repairs<br />
Of the approx $9.7m in the <strong>12</strong>/13 operational budgets for roads maintenance approx<br />
$6m of this is undertaken in reactive maintenance, that being maintenance that is in<br />
response to directly customer requests or inspections. The remaining $3.7m is<br />
proactive maintenance made up in majority of the $2.3m roads resealing program<br />
which is in part funded by the recently implemented special rate variation for the<br />
PMHC. It is advantageous to have proactive maintenance undertaken to a greater<br />
extent than reactive maintenance and it is true that as proactive maintenance is<br />
effectively and efficiently implemented the need for reactive maintenance diminishes<br />
quite quickly. There are efficiencies in undertaking proactive maintenance in<br />
comparison to reactive maintenance as the planning and economies of scale related<br />
to doing larger scale preventative and proactive programs offers a significant<br />
advantage over the ad hoc nature of undertaking reactive maintenance across the<br />
network. Unfortunately the current condition of the network requires that reactive<br />
maintenance is still a very significant part of the roads maintenance approach given<br />
that the deteriorated condition of the entire network is such that significant<br />
rehabilitation and reconstructions are required to bring many of the roads in the<br />
network back to a standard to which simple preventative maintenance would<br />
maintain their life and effectiveness into the future. Unfortunately the proportion of<br />
roads in the LGA that are still in a condition that would support having routine<br />
maintenance in the form of resealing undertaken to prolong their lives is now a<br />
minority of roads within the hierarchy.<br />
Backlogs in customer requests<br />
Customer request system individually logs each customers correspondence with<br />
<strong>Council</strong> and further includes <strong>Council</strong>’s inspections details and then when the works<br />
have either been conducted or programmed to be conducted. As the current status of<br />
October 20<strong>12</strong> <strong>Council</strong>’s sealed roads maintenance comprising potholing and<br />
sweeping, shoulder grading and jet patching is broadly meeting the customer’s<br />
expectations in regards to customer requests. There is a very small backlog of<br />
customer requests for potholes, and generally these requests are treated within the<br />
service standards set out in the Statewide Mutual Best Practice Guidelines.<br />
Unfortunately the larger more expensive and more detailed repairs including some<br />
footpath repairs and a large number of drainage repairs and heavy patching repairs<br />
do have a backlog of customer requests and at the current time approximately 30%<br />
only of the customer requests received for heavy patching and drainage maintenance<br />
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that are not urgent or critical are being placed in the backlog and are not expected to<br />
be able to attended to with the current resources. This is a very significant issue for<br />
council and one which would command the attention and investigation of the new<br />
<strong>Council</strong>. It is specifically the case that 2 out of 3 customers that request a repair to a<br />
road that requires a heavy patch lets say will not have their heavy patch undertaken<br />
with the current resources unless it is a critical high priority. That is to say that if a<br />
heavy patch is needed on anything outside of the top 140 roads the likelihood of that<br />
heavy patch being undertaken unless it is a make safe repair is very low. This means<br />
that there is significant number of customers who’s requests in the system are not<br />
being attended to and as such these customers would not be reporting favourably on<br />
the performance of the council.<br />
Resealing<br />
Road resealing and in particular bitumen resealing as mentioned previously is a<br />
preventive maintenance activity. Road resealing was the topic of a council report to<br />
the August 20<strong>12</strong> <strong>Council</strong> meeting where the 20<strong>12</strong>/13 bitumen resealing program was<br />
adopted by the former administrator Mr Neil Porter. This <strong>Council</strong> report goes to some<br />
length in detailing the benefits and disadvantages associated with bitumen resealing<br />
and also specifically identifies the bitumen resealing works planned to be undertaken<br />
in the current year. Bitumen resealing as previously mentioned is the most cost<br />
effective maintenance technique for sealed road maintenance however does not<br />
increase the capacity or structural integrity of a road and in the case of many roads in<br />
Port Macquarie <strong>Hastings</strong> area the fundamental structure of the road is in inadequate<br />
to deal with the increasing traffic volumes and traffic weights and as such resealing<br />
alone will not be the panacea for the deterioration currently evident in the PMH road<br />
network.<br />
Options<br />
Options for the improved delivery of transport designs, construction and maintenance<br />
have been considered recently as part of the organisational review assisted by<br />
independent consultants LSI. It is not appropriate at this stage to report on these<br />
options until <strong>Council</strong> and the Executive have considered LSI’s final report and<br />
recommendations.<br />
Consultation/Submissions<br />
The delivery of transport design, construction and maintenance services has been<br />
consulted with Infrastructure Services Director, Group Manager Infrastructure<br />
Operations and Group Manager Technical Services. Consultations on “best<br />
practices” are ongoing with industry representatives and via professional<br />
development programmes offered by engineering professional bodies such as<br />
IPWEA.<br />
Planning & Policy Implications<br />
<strong>Council</strong>s planning for delivery and maintenance of transport infrastructure is<br />
documented in the Community Strategic Plan 2030 – Operational Plan and four (4)<br />
year delivery programme. Delivery of the services as planned is highly dependent on<br />
the processes and practices of staff involved. Lack of process, inadequate standards<br />
and poor practice all combine to undermine service delivery. It is considered<br />
Infrastructure Services currently have in place appropriate processes, standards and<br />
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practices for delivery of design, construction and maintenance services.<br />
Opportunities for improvements are recognised and will be pursued as part of the<br />
initiatives discussed in this report.<br />
Financial & Economic Implications<br />
Asset Value<br />
<strong>Council</strong>’s roads and transport assets value is in the order of $900m. The backlog in<br />
maintenance based on the condition data of March 20<strong>12</strong> when a full network of<br />
condition laser survey was undertaken by <strong>Council</strong> is estimated currently at $176m.<br />
This figure is increasing annually and as can be seen in the attached graph which<br />
identifies and categorises the roads of the Port Macquarie <strong>Hastings</strong> over the previous<br />
<strong>12</strong> years being the 4 condition surveys that has been undertaken. As can be seen<br />
the proportion of roads remaining in an excellent condition is deteriorating<br />
continuously and the percentage of roads in a fair condition is increasing and the<br />
amount of roads in a poor condition was increasing up until 20<strong>12</strong> and has made a<br />
slight decrease albeit at the expense of more roads in the fair group in the current<br />
year.<br />
Funding of Designs<br />
Design operational budgets for 20<strong>12</strong>/13 amount to $1.32m with the main expenditure<br />
budgets as follows;<br />
Future Designs (ie designs for years 2 & 3 of the 4 year delivery Programme)<br />
$745,300.<br />
Design staff salaries and sundry expenses $574,700<br />
Funding of Construction<br />
Transport Infrastructure capital (construction) budgets for 20<strong>12</strong>/13 amounts to $7.6<br />
million and have a number of funding sources including general revenue, grants and<br />
development contributions. Funding of capital works has progressively reduced in<br />
recent years due to revenue transfers to core road maintenance activities and low<br />
growth in land developments resulting in declining developer contribution income.<br />
Funding of Roads Maintenance<br />
<strong>Council</strong>’s road maintenance operations budget for <strong>12</strong>/13 amounts to $9.7m. These<br />
operations have a number of funding sources including revenue from rates, federal<br />
funding in the form of the federal assistance or FAG grants, State <strong>Government</strong><br />
funding through the roads and maritime services block grant for Regional roads<br />
maintenance and also for the repair program grants which comprise specific roads<br />
rehabilitations that are in part funded by the RMS. <strong>Council</strong> also draws on special rate<br />
variation quarantine funds to undertake road maintenance also. <strong>Council</strong>’s roads<br />
maintenance operations is as previously discussed broken into 7 specific areas with<br />
each specific area reported on individually with regards to customer requests and<br />
also individually budgeted and financially allocated each year. The annual operating<br />
budgets by category are as follows:<br />
Sealed road maintenance $2.0m per annum<br />
Unsealed Road maintenance $2.1m per annum<br />
Sealed road repairs $3.4m per annum<br />
Roadside vegetation management $510k per annum<br />
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Roadside furnishings $700k per annum<br />
Roads drainage $560k per annum<br />
Bridges and culverts $500k per annum<br />
Special Rate Variation<br />
<strong>Council</strong>’s special rate variation request to IPART in 2011/<strong>12</strong> for the <strong>12</strong>/13 year was<br />
successful and confirmed an additional approximately $2m per annum for sealed<br />
road maintenance. This is on top of the $1.9m in previously approved SRV being the<br />
7.36%. These two additional revenues streams to roads maintenance form a very<br />
important part of <strong>Council</strong> preventative maintenance programs at the moment and as<br />
previously mentioned fund in total the sealed roads resealing program being the<br />
major preventative portion of the sealed road network maintenance regime. The SRV<br />
was also being in part allocated to increase <strong>Council</strong>’s unsealed roads maintenance<br />
allocations. The 7.36% facilitated a third continuous maintenance grading crew<br />
across the unsealed road network and an additional $500k of the recently approved<br />
SRV for <strong>12</strong>/13 is being allocated to ensure that a 4 th maintenance grading crew is<br />
utilised continuously across the unsealed road network as well. With some 5 months<br />
now past since the 4 th grader has been continuously utilised and with a significant<br />
spell of very favourable weather since the start of July 20<strong>12</strong> the unsealed network is<br />
currently receiving a level of services in regards to maintenance grading close to that<br />
which would see each road within the network graded once every <strong>12</strong> months and the<br />
high traffic roads being the 18 roads in the 6 monthly grading program graded at<br />
least twice during the financial year.<br />
Attachments<br />
1. Design Process Flowchart<br />
2. Design Quality Specification and Checklist<br />
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Item: <strong>12</strong>.06<br />
Subject:<br />
PROPOSED DELEGATIONS UNDER SECTION 59 OF THE<br />
ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979.<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
5.4.1 Plan settlements to accommodate a range of compatible land uses and<br />
projected population growth.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Write to the <strong>NSW</strong> Department of Planning & Infrastructure to confirm<br />
acceptance of the delegations pursuant to Section 59 of the<br />
Environmental Planning & Assessment Act, 1979.<br />
2. Pursuant to Section 377 of the Local <strong>Government</strong> Act 1993, delegate its<br />
functions pursuant to Section 59 of the Environmental Planning &<br />
Assessment Act, 1979 to the General Manager.<br />
Executive Summary<br />
The <strong>NSW</strong> Minister for Planning & Infrastructure, the Hon Brad Hazzard, has<br />
delegated functions to <strong>NSW</strong> councils for making local environmental plans pursuant<br />
to Section 59 of the Environmental Planning & Assessment Act, 1979. The<br />
delegations relate to the administration of minor LEP amendments following Gateway<br />
approval from the Department of Planning & Infrastructure.<br />
In order for the delegations to take effect, <strong>Council</strong> must formally accept the<br />
delegations as described in the following report. <strong>Council</strong>’s General Manager has<br />
already responded to confirm that <strong>Council</strong> will accept the delegations, in order to<br />
meet a deadline for responses imposed by the Department of Planning &<br />
Infrastructure (DP&I).<br />
The purpose of this report is to provide information to <strong>Council</strong> in relation to the new<br />
delegations and to enable the General Manager to confirm the earlier advice to the<br />
DP&I.<br />
Discussion<br />
<strong>Council</strong> has received correspondence from the <strong>NSW</strong> Department of Planning &<br />
Infrastructure (DP&I) in relation to proposed delegations under Section 59 of the<br />
Environmental Planning & Assessment Act, 1979 for the making of Local<br />
Environmental Plans (LEPs). The delegations will operate in respect of draft LEPs<br />
for local matters where <strong>Council</strong> receives an authorisation following a Gateway<br />
determination from the DP&I.<br />
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The Gateway Panel of the DP&I operates to ensure that planning proposals are<br />
supported by the appropriate support information and that appropriate consultation<br />
processes occur, having regard to the nature of the proposal.<br />
Under the new delegations, councils will be fully empowered to complete the plan<br />
making process for some LEPs, which will be mostly of a minor nature. The key<br />
difference is that once an amendment has Gateway approval and <strong>Council</strong> is granted<br />
delegated power to administer the amendment, <strong>Council</strong> will be able to work directly<br />
with Parliamentary Counsel to determine the wording or mapping changes, without<br />
having to refer back to the Department for approval.<br />
Delegations will be routinely issued for the following types of LEPs:<br />
Mapping alterations<br />
Section 73A matters (e.g. amending references to documents/agencies,<br />
minor errors and anomalies)<br />
Reclassifications of land<br />
Heritage LEPs related to specific local heritage items supported by an Office<br />
of Environment & Heritage endorsed study<br />
Spot rezoning consistent with an endorsed strategy and/or surrounding<br />
zones, and<br />
Other matters of local significance as determined by the Gateway.<br />
The <strong>NSW</strong> Local <strong>Government</strong> & Shires Association (Jennifer Dennis 01-11-20<strong>12</strong>) has<br />
commented that these changes will marginally improve administrative practice, rather<br />
than shifting real decision making powers to <strong>Council</strong>. While the changes are being<br />
presented as a method of returning ‘planning powers” back to councils, in reality they<br />
appear to be very superficial.<br />
<strong>Council</strong> has previously supported the transfer of LEP administrative powers to<br />
councils in submissions to the DP&I. The delegations are therefore a welcome step<br />
towards greater autonomy, even though the scope of the changes is limited to minor<br />
matters.<br />
The Minister for Planning & Infrastructure, The Hon Brad Hazzard, has sought advice<br />
from <strong>NSW</strong> councils as to whether they wish to accept the delegations, including<br />
details of the officers or employees of <strong>Council</strong> who will be granted the proposed<br />
delegation. The cut off for receipt of this advice was 30 November 20<strong>12</strong>.<br />
<strong>Council</strong>’s General Manager has written to the DP&I to advise that it is the intention<br />
for Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> to accept the delegation of the Minister’s<br />
functions under section 59 for the making of LEPs. The correspondence, states that:<br />
“It is also intended that the <strong>Council</strong> delegate these functions to the following staff:<br />
General Manager, Mr Tony Hayward<br />
Director of Development & Environmental Services, Mr Matthew Rogers<br />
Please note that confirmation of <strong>Council</strong>’s formal position on this matter will be<br />
provided after the Ordinary <strong>Council</strong> meeting scheduled for <strong>12</strong> <strong>December</strong> 20<strong>12</strong>.”<br />
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As recommended in this report, it is proposed that the General Manager write to the<br />
DP&I to confirm the earlier advice dated 7 November 20<strong>12</strong> to the DP&I in relation to<br />
the delegations.<br />
Options<br />
<strong>Council</strong> could opt to not accept the delegations and advise the DP&I accordingly.<br />
Consultation/Submissions<br />
<strong>Council</strong> has not undertaken any consultation on this matter. It is important to note,<br />
however, that the proposed acceptance of delegations does not alter the normal<br />
requirements for <strong>Council</strong> to consult in relation to proposed LEP amendments.<br />
Planning & Policy Implications<br />
The acceptance of the proposed delegations is otherwise expected to result in<br />
improved administrative efficiency for minor LEP amendments and it is not expected<br />
that the changes will alter the outcomes of the LEP process.<br />
The types of LEP listed by the Department for routine delegation to councils include<br />
reclassifications, which include potential changes from a “community” classification to<br />
an “operational” classification. It is normal practice that LEP amendments are<br />
reported to <strong>Council</strong> prior to referral to the DP&I Gateway and following exhibition.<br />
Financial & Economic Implications<br />
Fees for LEP amendments will continue to be charged in accordance with <strong>Council</strong>’s<br />
adopted fees and charges. There are therefore no significant financial or economic<br />
implications arising from the proposed delegations.<br />
Attachments<br />
1. Minister Correspondence - Delegations for LEP<br />
Item <strong>12</strong>.06<br />
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Item: <strong>12</strong>.07<br />
Subject:<br />
LAKE ROAD INTERIM TRAFFIC IMPROVEMENTS<br />
Presented by: Infrastructure Services, Jeffery Sharp<br />
Alignment with Delivery Program<br />
5.2.1 Plan and implement traffic and road safety programs and activities.<br />
RECOMMENDATION<br />
That <strong>Council</strong> defer the Lake Road interim traffic improvements discussed in<br />
this report until the determination of <strong>Council</strong>s application for Lake Road<br />
improvements under the Federal Black Spot Program 20<strong>12</strong>/13.<br />
Executive Summary<br />
Investigations into options to improve traffic conditions in Lake Road have been<br />
carried out during 20<strong>12</strong>. <strong>Council</strong> has not been in a position to fund the planned major<br />
upgrades of Lake Road primarily due to funding limitations and other road<br />
improvement priorities.<br />
Lake Road traffic is increasing generally in line with population growth ( ie 1.5% p.a.)<br />
with a relative increase in the risk of accidents. Traffic conditions observed during<br />
20<strong>12</strong> reveal the worst traffic conditions between Central and Blackbutt Roads and<br />
between Jindalee and Fernhill Roads.<br />
This report discusses options traffic improvements worthy of implementation until the<br />
major upgrades are implemented.<br />
Discussion<br />
Background<br />
Lake Road carries as a major road significant traffic volumes brought about by a<br />
combination of the growth of the Port Macquarie Industrial area and through traffic<br />
growth between the Oxley Highway and Ocean Drive.<br />
Lake Road has been the subject of numerous traffic investigations which has<br />
resulted in two key resolutions of <strong>Council</strong> as follows;<br />
<strong>Council</strong> resolved in January 2005;<br />
1. That <strong>Council</strong> endorse for future planning and detailed design work the concept<br />
design for the upgrading of Lake Road between Ocean Drive and the Oxley Highway<br />
as presented in this report and to contain the following key elements:<br />
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a) Dual carriageway with median island separation, kerbside parking lanes and on<br />
road cycleway.<br />
b) Left in/out only intersection treatments at The Carriageway, Toorak Court, Acacia<br />
Avenue & Chestnut Road.<br />
c) Traffic & pedestrian signalisation at Jindalee Road.<br />
d) Two lane roundabouts at Fernhill Road, Blackbutt Road.<br />
e) Left in/out & right in/out intersection treatment at Barton Crescent.<br />
f) Property acquisitions.<br />
g) Utility service adjustments.<br />
2. That the Concept Plan be placed on exhibition for public comment the outcomes<br />
of which be further reported to <strong>Council</strong>.<br />
3. That the adjoining property owners be advised in writing in relation to the<br />
upgrading scheme and be invited to make written submissions as part of the<br />
exhibition.<br />
4. That the upgrading scheme for Lake Road be incorporated as part of <strong>Council</strong>'s<br />
2005/06 Management Plan by scheduling of key pre-construction and construction<br />
activities, such as:<br />
a) Environmental investigations and approvals<br />
b) Property acquisitions<br />
c) Detailed designs & contract documentation<br />
d) Utility & property adjustments<br />
e) Construction staging.<br />
5. That <strong>Council</strong> investigate options to complete the four (4) lanes between Jindalee<br />
Road and Central Road before the end of 2005.<br />
Specialist traffic advice was sought from SMEC Australia Pty Ltd to assist<br />
development of the upgrade strategy endorsed by <strong>Council</strong>. Unfortunately other<br />
transport infrastructure priorities has resulted in the above activities being deferred.<br />
<strong>Council</strong> resolved in May 2008;<br />
1. The Upgrade of Lake Road be the preferred option to cater for the east/west<br />
movement of traffic between Ocean Drive and the Oxley Highway.<br />
2. A detailed concept design and strategy for the upgrade of the Lake Road corridor<br />
be further reported to <strong>Council</strong> during 2009, including opportunities for rezoning of<br />
adjoining lands, improved parking, staging and a funding plan.<br />
3. NS link 3C be the preferred link to cater for longer term north/south traffic<br />
movements between Area 13 and <strong>Hastings</strong> River Drive via the Airport precinct and<br />
that the final alignment be reviewed and further reported to <strong>Council</strong> as part of Area<br />
13 and Airport Precinct land use planning.<br />
4. NS link 4A be deleted from further consideration due to the marginal economic<br />
impacts of developing this route and the high environmental impacts that would need<br />
to be ameliorated.<br />
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5. Clifton Drive, Widderson Street and Finlay Avenue continue to operate as local<br />
collector roads and traffic conditions within these roads be monitored to determine<br />
necessary upgrades to be further considered for inclusion in <strong>Council</strong>'s Transport<br />
Infrastructure Improvement Programme.<br />
Interim Options<br />
Funding of the planned upgrades for Lake Road is a significant challenge for <strong>Council</strong>,<br />
particularly when considered in light of other major roads needed to be upgraded.<br />
The ultimate upgrading of Lake Road, Ocean Drive to the Oxley Highway is<br />
estimated to cost in the vicinity of $20 to $25 million. Due to funding constraints the<br />
works would need to be staged generally as follows;<br />
Stage 1<br />
Stage 2<br />
Stage 3<br />
Stage 4<br />
Stage 5<br />
Stage 6<br />
Stage 7<br />
Planning approvals and detailed designs<br />
Property acquisitions and utility adjustments<br />
Blackbutt Road to Central Road<br />
Jindalee Road to Fernhill Road<br />
Fernhill Road to Oxley Highway<br />
Jindalee Road to Blackbutt Road<br />
Central Road to Ocean Drive<br />
Infrastructure staff recognise funding of the ultimate works is unlikely to be provided<br />
in the short term and accordingly have examined cost effective options for interim<br />
improvements. Traffic lane capacity has been increased between Central and<br />
Jindalee Road with the opening of the kerbside parking lanes to through traffic during<br />
business hours.<br />
Traffic conditions observed during 20<strong>12</strong> reveal the worst traffic conditions between<br />
Central and Blackbutt Roads and between Jindalee and Fernhill Roads. Blackbutt to<br />
Central Roads is recognised as a high priority due to the limited through lane<br />
capacity and the limitations on traffic entering and exiting Acacia Ave and Chestnut<br />
Road. An interim option (copy attached) considered to provide traffic safety and<br />
efficiency improvements has recently been consulted with affected property owners<br />
and PM Chamber representatives. The interim option propose to eliminate right turn<br />
entry and exit movements at the Acacia Avenue and Chestnut Road intersections<br />
with the view of reducing vehicular conflicts. These intersections have a history of<br />
rear end accidents and a number of near misses.<br />
Funding assistance under the Federal Blackspot Program has been sought with the<br />
initial applications being unsuccessful. A fresh application was submitted during<br />
August 20<strong>12</strong> for improvements between Chestnut Road and Blackbutt Road,<br />
including a mountable a roundabout at the Blackbutt Road intersection ( copy<br />
attached). The results of this application is expected by January 2013.<br />
Options<br />
<strong>Council</strong> has the option to endorse the recommendation of this report, proceed with<br />
the interim works as proposed for the intersections of Acacia Avenue and Chestnut<br />
Road, or do nothing.<br />
The option of modifying the interim works to permit left turns out only at Acacia<br />
Avenue and Chestnut Road is also available to <strong>Council</strong>.<br />
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Planning and Providing Our Infrastructure<br />
Given the results of <strong>Council</strong>’s Blackspot application is expected within the next 6 to 8<br />
weeks it is considered deferral of all options until this outcome is known is the best<br />
option at this stage.<br />
Consultation/Submissions<br />
Business owners and tenants have been consulted on the proposed interim works.<br />
Port Macquarie Chamber of Commerce (Industrial Area sub committee) have also<br />
been consulted. Thirty Eight (38) written submissions have been received with the<br />
majority (33) objecting to the proposal mainly on the grounds of negative business<br />
impacts. Copies of the submissions and summary sheet are attached.<br />
Planning & Policy Implications<br />
The recommendation of this report has no planning and policy implications for<br />
<strong>Council</strong>.<br />
Financial & Economic Implications<br />
The planned upgrades of Lake Road estimated to cost in the vicinity of $20m have<br />
significant financial implications for <strong>Council</strong>. Interim works that are affordable and<br />
provide appropriate safety improvements will need to be pursued in the short term.<br />
The Blackspot application improvement works are estimated to cost $1.2m. The<br />
interim improvements at the Acacia Avenue and Chestnut Road intersections is<br />
estimated to cost $55,000 to be funded from infrastructure operational budgets.<br />
Attachments<br />
1. Interim Traffic Improvements Acacia Ave and Chestnut Road<br />
2. Blackspot Application Design Blackbutt Road Intersection<br />
3. Interim Works Public Submissions summary<br />
4. Interim Works Public Submissions<br />
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Item: <strong>12</strong>.08<br />
Subject:<br />
REZONING OF LAND AT DUNBOGAN FROM ZONE E2<br />
ENVIRONMENTAL CONSERVATION TO ZONE E3 ENVIRONMENTAL<br />
MANAGEMENT (PIN 03468, 03469, 03470, 21855, 26603, 40332)<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
5.4.3 Review planning framework for decisions regarding land use and development.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Prepare a draft planning proposal in relation to the following lots at<br />
Dunbogan, to change that part of the lots which is zoned E2<br />
Environmental Conservation to E3 Environmental Management,<br />
consistent with section 55 of the Environmental Planning and<br />
Assessment Act, 1979:<br />
Lot 6 DP 734429<br />
Lot 7 DP 734429<br />
Lot 8 DP 734429<br />
Lot 21 DP 835388<br />
Lot 1 DP 270065<br />
Lot 1 DP 1055417<br />
2. Forward the draft Planning Proposal to the Department of Planning and<br />
Infrastructure for a Gateway Determination consistent with Section 56 of<br />
the Environmental Planning and Assessment Act, 1979.<br />
Executive Summary<br />
The purpose of this report is to advise in relation to preliminary planning<br />
investigations to rezone privately owned land at Dunbogan from E2 Environmental<br />
conservation to zone E3 Environmental Management.<br />
<strong>Council</strong> endorsement is sought to prepare and forward a planning proposal to the<br />
Department of Planning and Infrastructure seeking a Gateway Determination<br />
pursuant to section 56 of the Environmental Planning and Assessment Act, 1979 to<br />
amend the zone map series for E2 zoned areas for the nominated properties.<br />
The properties in question have been assessed as having had a higher level of<br />
environmental protection zoning applied during transition to the new LEP than is<br />
appropriate for privately owned land or than is consistent with the application of<br />
environmental protection zoning of other private land in the area.<br />
The proposed amendment is consistent with recent planning by <strong>Council</strong> in relation to<br />
application of environment protection zones.<br />
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Discussion<br />
In September 2010, <strong>Council</strong> endorsed submission of the final draft of the Port<br />
Macquarie-<strong>Hastings</strong> LEP (PMH LEP 2011) based on the <strong>NSW</strong> <strong>Government</strong>’s<br />
Standard Template for LEPs to the <strong>NSW</strong> Department of Planning and Infrastructure<br />
for finalisation.<br />
The LEP was largely a conversion document rationalising existing planning policy<br />
into a new format prescribed by the state government. It was not intended to facilitate<br />
significant land use change in the new LEP and while <strong>Council</strong> staff sought to ensure<br />
that the new LEP best reflected local circumstances, the process has inevitably<br />
resulted in some inconsistent changes to planning provisions.<br />
In relation to the land in question at Dunbogan, the result of the new LEP was a<br />
change in zone from 7(f1) Environmental protection – Coastal under <strong>Hastings</strong> LEP<br />
2001 to zone E2 Environmental Conservation under Port Macquarie-<strong>Hastings</strong> Local<br />
Environmental Plan 2011 as this was considered to be the most comparable of the<br />
new zones available.<br />
Discussion<br />
Following recent submissions from a number of landowners at Dunbogan querying<br />
an apparent disparity in the application of environmental protection zones between<br />
privately owned land off Prince of Wales Drive and land in the vicinity of Seaview<br />
Avenue, <strong>Council</strong>'s strategic land use planning staff have reviewed the circumstances<br />
and LEP provisions applying to properties in the area.<br />
As a result of this review and more recent directions from the <strong>NSW</strong> Department of<br />
Planning, it is apparent that zone E2 Environmental conservation is generally not<br />
appropriate for privately owned land. As a result, it is recommended that <strong>Council</strong><br />
prepare a planning proposal to apply zone E3 Environmental Management to the<br />
affected land in place of the current zone E2 Environmental Conservation, as part of<br />
the ongoing review of the new LEP.<br />
Options<br />
<strong>Council</strong> could opt to not prepare a planning proposal in relation to the affected sites<br />
at Dunbogan.<br />
Consultation/Submissions<br />
There has been preliminary internal consultation in relation to preparation of a<br />
planning proposal for affected sites.<br />
Should <strong>Council</strong> resolve to prepare a planning proposal to amend the zone maps in<br />
relation to the nominated properties under the Gateway process, further consultation<br />
would occur with affected land owners.<br />
Subject to a Gateway Determination, consultation would occur with relevant state<br />
agencies.<br />
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Planning & Policy Implications<br />
The proposal is consistent with current planning best practice in the use of<br />
Environment Protection Zones. A resolution of <strong>Council</strong> is required to prepare a<br />
planning proposal to amend the Port Macquarie-<strong>Hastings</strong> Local Environmental Plan<br />
2011 to amend the land zoning map sheets for identified sites. The amendment is<br />
considered reasonable to ensure consistency in application of environment protection<br />
zones in the locality.<br />
Financial & Economic Implications<br />
The preparation of a planning proposal in the manner outlined in the report is able to<br />
be undertaken by <strong>Council</strong>’s Strategic Planning section in consultation with other<br />
divisions of <strong>Council</strong> and can be funded as ancillary task within <strong>Council</strong>’s Strategic<br />
Planning Program.<br />
Attachments<br />
Nil<br />
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Item: <strong>12</strong>.09<br />
Subject:<br />
SETTLEMENT CITY PRECINCT - DRAFT DEVELOPMENT CONTROL<br />
PLAN, DRAFT SECTION 94 CONTRIBUTIONS PLAN AND KMART<br />
PLANNING PROPOSAL<br />
Presented by: Development & Environment Services, Matt Rogers<br />
Alignment with Delivery Program<br />
5.4.1 Plan settlements to accommodate a range of compatible land uses and<br />
projected population growth.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Endorse for public exhibition the revisions to draft Settlement City<br />
Precinct development control provisions, as described in this report.<br />
2. Prepare and exhibit an amended draft Section 94 Settlement City<br />
Precinct Roads Contribution Plan, as described in this report.<br />
3. Negotiate and exhibit a Voluntary Planning Agreement, as described in<br />
this report.<br />
4. Prepare a Planning Proposal, as described in this report, pursuant to s55<br />
of the Environmental Planning & Assessment Act 1979, subject to<br />
satisfactory resolution of item no 3 above, to:<br />
a) Amend the Height of Building and Floor Space Ratio maps applying<br />
to Lot 2 DP 1163062, Warlters and Park Streets, Port Macquarie (the<br />
Kmart site),;<br />
b) Amend the Height of Building map applying to Lot 3 DP 263340 (St<br />
Josephs Primary School) and Lot 1 DP 1163062 (adjoining <strong>Council</strong>owned<br />
land), Warlters and Bay Streets, Port Macquarie; and<br />
c) Incorporate Design Excellence Provisions for land zoned B3<br />
Commercial Core and SP2 Tourist in the Settlement City Precinct.<br />
5. Forward the Planning Proposal to the Minister for Planning &<br />
Infrastructure to obtain a Gateway Determination pursuant to s56 of the<br />
Environmental Planning & Assessment Act 1979.<br />
6. Advise all persons who have previously made submissions and who<br />
own land adjoining the Settlement City Precinct regarding the exhibition<br />
of the revised draft documents in items 1 to 4 above.<br />
Executive Summary<br />
The purpose of this report is to consider the submissions made in response to the<br />
public exhibition of a draft amendment to Port Macquarie-<strong>Hastings</strong> Development<br />
Control Plan (PMHDCP) 2006 and draft Section 94 Contributions Plan relating to the<br />
Settlement City Precinct, including an assessment of the merit of a Kmart proposal.<br />
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Nine (9) submissions were received during exhibition and following review of the<br />
issues raised, it is proposed that <strong>Council</strong> re-exhibit a revised draft DCP and Section<br />
94 Plan, having regard to the scope of change proposed.<br />
It is also proposed that <strong>Council</strong> initiate a Planning Proposal, subject to satisfactory<br />
Planning Agreement negotiations, to amend Port Macquarie-<strong>Hastings</strong> Local<br />
Environmental Plan (PMHLEP) 2011 with regard to a proposal from Kmart and that<br />
<strong>Council</strong> undertake further consultation with Sails Resort regarding their request for<br />
40% permanent residential use as an amendment to the LEP.<br />
The main changes proposed to the draft exhibited DCP are as follows:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Deletion of public art provisions.<br />
Deletion of provisions allowing the consideration of the development of a<br />
corresponding land area on Westport Park immediately adjoining the marina<br />
for establishment of the Foreshore Plaza.<br />
Relocation of the new “Main Street” to the east and revision of street crosssection<br />
to provide for a reduced 19m minimum width.<br />
Reduction to size of Town Square; relocation to the western side of the New<br />
Main Street/Park Street intersection; and promotion of staged expansion in<br />
the longer-term.<br />
Identification of secondary pedestrian links including provision for flexibility in<br />
their location and guidance on quality of these links.<br />
Revision to activation requirements to specify:<br />
- primary activation along the new “Main Street”, frontage to Park Street and<br />
street corners;<br />
- primary activation of frontages along Warlters Street at corner intersections<br />
with Park Street, “Main Street” and Bay Street;<br />
- secondary activation of frontages along the remainder of Warlters Street;<br />
and<br />
- commercial/retail uses to sleeve the ground floor of future decked car<br />
parking.<br />
Revision to Warlters Street cross-section to provide for a reduced 27m<br />
minimum width reserve.<br />
Deletion of boulevard design for Park Street.<br />
Deletion of designated view corridor to the east of the new “Main Street” and<br />
promotion of pedestrian permeability and connectivity to the foreshore in lieu<br />
of nominating as a specific view corridor.<br />
Requirement for 2.5m upper level setback for buildings adjoining the new<br />
“Main Street” and Town Square.<br />
Deletion of felled trees from figure showing mapped koala food trees on the<br />
St Joseph’s Primary School site.<br />
As noted in this report, further review work is being undertaken to prepare revisions<br />
to the draft Section 94 Plan for re-exhibition.<br />
Subject to satisfactory negotiation of a Planning Agreement with <strong>Council</strong>, the<br />
proposed amendments to PMHLEP 2011 involve:<br />
<br />
Revisions to the Height of Building map applying to the Kmart site to allow for<br />
a 4-storey (16m) height limit across the site, with the exception of the<br />
landmark corner which will retain the existing 5-story (17.5m) height.<br />
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<br />
<br />
Revisions to the Floor Space Ratio (FSR) map applying to the Kmart site to<br />
allow a FSR of 2:1 where the site corresponds to the proposed 4-storey (16m)<br />
height limit.<br />
Inclusion of Design Excellence provisions in the LEP text applying to all B3<br />
Core Commercial and SP2 Tourist zoned land in the Precinct.<br />
A separate report will be presented to <strong>Council</strong> in February 20<strong>12</strong> if a draft Planning<br />
Agreement has not been finalised at that time.<br />
Discussion<br />
The Settlement City Precinct forms part of the Greater Port Macquarie Central<br />
Business District and is recognised as a key area for longer-term growth of the<br />
Greater Port Macquarie CBD.<br />
At the time that <strong>Council</strong> resolved to progress a draft plan to rezone the Warlters<br />
Street Catholic Schools site to B3 Commercial Core (Aug 2010), <strong>Council</strong> also<br />
resolved to prepare and publicly exhibit a draft amendment to Port Macquarie-<br />
<strong>Hastings</strong> Development Control Plan (PMHDCP) 2006 to provide detailed guidelines<br />
for future development in the Settlement City Precinct, consistent with the design<br />
principles and strategies of the adopted Settlement City Precinct Structure Plan<br />
2009.<br />
The exhibited draft PMHDCP 2006 included amendments to the General Provisions<br />
regarding supplementary signage requirements and new provisions for public art; as<br />
well as amendments to the Area Specific Provisions to guide future development of<br />
land north of Warlters Street in the Settlement City Precinct.<br />
<strong>Council</strong> also resolved that a draft Section 94 (s94) Contributions Plan be prepared<br />
and exhibited to enable collection of developer contributions towards infrastructure<br />
required to service the Precinct. The draft exhibited Section 94 Plan identified the<br />
level of developer contributions applicable to road and intersection works to<br />
accommodate future development in the Precinct overtime. Copies of the exhibited<br />
draft DCP and s94 Plan are attached to this Report.<br />
Exhibition<br />
The draft amendment to PMHDCP 2006 and Section 94 plan were publicly exhibited<br />
between July and September 2011.<br />
In response to the exhibition period, a total of nine (9) written submissions were<br />
received, the majority of which were received from Precinct landowners. Of these<br />
submissions, three (3) are from representatives of Port Shores Pty Limited.<br />
Issues Raised<br />
The matters identified in the public submissions have been summarised (refer to<br />
attached Table) including consideration of an appropriate response to the issues<br />
raised. Those issues that warrant detailed attention are identified in the Table and<br />
discussed further in this Report. The key matters identified in the public submissions<br />
are discussed below.<br />
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Issue No 1 – Kmart proposal<br />
As background, the St Josephs Schools site, also known as the Warlters Street land,<br />
was rezoned to B3 Commercial Core in 2011 under Port Macquarie Local<br />
Environmental Plan (PMHLEP) 2011.<br />
At that time, a Planning Agreement was proposed by the owners to provide certainty<br />
for <strong>Council</strong> regarding the staged release of retail floorspace on the land. The PMH<br />
LEP amendments included provisions based on the adopted Settlement City Precinct<br />
Structure Plan.<br />
The Catholic Church then subdivided the Warlters Street site to excise the old High<br />
School property and sold that parcel on to Kmart. The Planning Agreement and<br />
PMHLEP 2011 provisions relating to height of buildings and floor space ratios for the<br />
site were in place at the time that the property was purchased by Kmart.<br />
Kmart’s submission to the draft DCP exhibition proposes amendments to the current<br />
building height and floor space ratio (FSR) controls applying to the site together with<br />
revisions to the draft exhibited DCP to accommodate a Kmart Discount Department<br />
Store, speciality shops, Kmart Auto and associated at grade parking.<br />
This request prompted a series of meetings between representatives of Kmart and<br />
<strong>Council</strong> staff over the last <strong>12</strong> months to determine whether there is a case to amend<br />
the LEP provisions and draft exhibited DCP to accommodate Kmart’s proposal.<br />
Kmart has been represented locally by King and Campbell Pty Ltd. <strong>Council</strong>’s<br />
Development and Environmental Division has also obtained independent specialist<br />
urban design advice from Gallagher Ridenour in relation to the proposal. A copy of<br />
this advice is attached.<br />
The key issue discussed has been whether or not it is possible to locate a very largescale<br />
“big box” development on the site, without significantly compromising the<br />
design principles for the Settlement City Precinct as a whole. Whilst “big box” retail<br />
development was not dismissed as an option in the adopted Structure Plan, the<br />
emphasis was on these larger elements being centrally located within the Precinct<br />
and sleeved with activated frontages to provide a town centre feel, connectivity and<br />
improved public amenity.<br />
<strong>Council</strong> staff have encouraged Kmart to adapt their concept to maximise<br />
achievement of the Structure Plan principles and to this end, Kmart has submitted a<br />
number of concept options. Due to the irregular shape of the site it has been difficult<br />
to accommodate the proposal without compromising connectivity and activation<br />
objectives.<br />
The Proposal<br />
A copy of the latest Kmart concept proposal (Nov 20<strong>12</strong>) and supporting written<br />
submissions dated 6 and 22 November 20<strong>12</strong> are attached to this Report. In<br />
summary, the proposal comprises:<br />
a single shopping level Kmart Discount Department Store of approximately<br />
6,000sqm (approx 110m x 55m) and speciality shops;<br />
a mezzanine level at the northern end of the building for potential retail and<br />
entertainment uses;<br />
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a Town Square and adjacent retail shops with frontage to Park Street;<br />
car parking external to the building, containing 151 spaces to the north and 228<br />
spaces to the east of the main building plus landscaping;<br />
a Kmart Auto to the north-west; and<br />
loading/unloading dock and back of house to the south.<br />
Vehicular access is proposed via a new north-south “Main Street” connecting Park<br />
and Warlters Streets. A separate exit driveway is proposed to Warlters Street from<br />
the eastern car park and an additional combined entry/exit driveway is proposed for<br />
the Park Street frontage, adjoining Port Shores Mall. A pedestrian crossing linking to<br />
the Port Marina arcade is proposed for connectivity to the foreshore.<br />
Truck access to the loading/unloading dock is proposed at the rear of the Kmart<br />
premises parallel to the Warlters Street frontage.<br />
There has been considerable attention to the detail of the finish of the Kmart building<br />
in the concept proposal.<br />
A key decision to be made by <strong>Council</strong> will be whether or not to support a review of<br />
the height of building and floor space ratio controls applying to the site under<br />
PMHLEP 2011 and provisions of the exhibited draft DCP relating to street design,<br />
activation, pedestrian links, view corridors, public open space, sleeving of on-site car<br />
parking and location of loading facilities, to potentially accommodate the proposal.<br />
These matters are discussed below having regard to an urban design review of the<br />
proposal undertaken on behalf of <strong>Council</strong>, by Gallagher Ridenour. Key issues<br />
include proposed measures to address the impact on residents in Warlters Street,<br />
the form of the town square and the potential for long-term activation of frontages,<br />
where activation is not feasible in the short-term.<br />
Urban Design Review<br />
Gallagher Ridenour note that while the proposed Kmart development has limited<br />
capacity to deliver the objectives of the Structure Plan in the short-term, the<br />
objectives of the Structure Plan can be realised in the long-term. Several key urban<br />
design elements arising from the Structure Plan and identified throughout the<br />
preceding review process are viewed as critical in the proposal providing capacity for<br />
the Structure Plan to be realised in the future. These include:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
“Main Street” – a new north-south street linking Warlters Street to Park Street<br />
to the foreshore;<br />
Town Square – a new open space at the intersection of Park Street and the<br />
new “Main Street”;<br />
East-west connectivity – a new pedestrian link connecting Park Street through<br />
to Bay Street and the Settlement City Shopping Centre;<br />
Street edge activation – retail/commercial uses along the new “Main Street”,<br />
Park Street, Warlters Street and pedestrian links;<br />
Warlters Street – widened carriageway and improved streetscape;<br />
Views and visual impact – views from the south across Settlement City to the<br />
foreshore and <strong>Hastings</strong> River<br />
Future Planning Certainty - future use and potential amendments to the LEP<br />
Height and Floor Space Ratios.<br />
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North-south link<br />
The new “Main Street” is viewed as an important component for the long-term<br />
realisation of the Structure Plan and for achieving connectivity and place making.<br />
The Structure Plan and draft DCP recommend a 22.6m minimum width reserve for<br />
the new “Main Street” to accommodate 2 lanes of traffic, parallel on street parking<br />
and street trees between bays.<br />
To accommodate the proposed Kmart premises, the new “Main Street” has been<br />
shifted to the east. The landscape plan included in Kmart’s concept drawings<br />
indicates that the street design is generally in accordance with the exhibited draft<br />
DCP, however, the concept site plan needs to be revised to include the footpaths on<br />
both sides of the street.<br />
Kmart propose a 19m road width for the “Main Street”, with 4m wide footpaths on<br />
both sides. In the short-term, the footpath for the eastern side of the new “Main<br />
Street” is proposed to be 2.5m wide. A preliminary review of the dimensions<br />
undertaken by <strong>Council</strong>’s Technical Services indicates that the road design is likely to<br />
be satisfactory.<br />
Town Square<br />
The Structure Plan includes a new 2,000sqm Town Square located at the<br />
intersection of the new “Main Street” and Park Street with visual and pedestrian<br />
connectivity to the foreshore. The Town Square was intended to be an active and<br />
vibrant public space accessible at all times to cater for a range of community events<br />
and activities.<br />
The Kmart proposal has significantly reduced the size of the Town Square and<br />
relocated it to the western side the new “Main Street”/Park Street intersection. The<br />
Gallagher Ridenour review recognises that the size of the Square and its viability is<br />
linked to a much larger development with greater development contribution capacity<br />
in the Structure Plan than that sought by the current proposal. It is acknowledged<br />
that the size of the Square is constrained by short-term viability and on-grade parking<br />
requirement of the Kmart development.<br />
Having regard to the role of the Town Square in the Precinct and the expected<br />
intensification of core retail/commercial development that is expected to occur over<br />
time, Gallagher Ridenour recommend that provision be made for a potential staged<br />
expansion of the Town Square to the south, with a high level of activation, as part of<br />
future development. The draft DCP will be amended to include suitable provisions to<br />
encourage this outcome.<br />
In the immediate term, Gallagher Ridenour recommend that the southern edge of the<br />
Town Square and its interface with the on-grade parking be provided with additional<br />
plantings extending into the parking bays to add a sense of depth and increase the<br />
visual proportions of the Square. Furthermore, planting is suggested to assist in<br />
redirecting pedestrians along the footpath, rather than through the car park to access<br />
the Kmart building. Suitable provisions will be included in the revised draft DCP.<br />
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Pedestrian connectivity<br />
The Structure Plan aims to reduce car dominance and increase pedestrian<br />
permeability within the Precinct with a number of pedestrian connections identified<br />
including, the new “Main Street”, a mid-block link to the east of the new “Main Street”;<br />
and an east-west pedestrian link connecting Park Street through to Bay Street and to<br />
the Settlement City shopping centre. A secondary link is also shown west of the<br />
Kmart site, between the east-west link and Warlters Street.<br />
The Kmart proposal has maintained east-west connectivity through the site in<br />
accordance with the Structure Plan. This link is recognised as an important element<br />
in the Precinct and has been a major point of discussion between <strong>Council</strong> staff and<br />
Kmart representatives throughout the <strong>12</strong>-month review process.<br />
The proposal does not address the mid-block link to the east of the “Main Street”. In<br />
this regard, Gallagher Ridenour note that the specific locations shown in the<br />
Structure Plan for this link and the secondary link to the west could move depending<br />
on future development uses and footprints. It is recommended that these links be<br />
discouraged through car parking bays or along loading docks in favour of pedestrian<br />
access along active building edges along footpaths. The draft DCP will be amended<br />
to provide for the flexibility in location and guidance on the quality of these links.<br />
Street edge and activation<br />
The Structure Plan envisages a high level of street edge activation with<br />
retail/commercial uses to assist in achieving a more pedestrian friendly and walkable<br />
Precinct, including activation along all streets, around the Town Square and along<br />
the pedestrian links.<br />
The Kmart proposal provides for activation along its northern frontage. The<br />
remainder of the building elevations are not activated. Along the western edge of the<br />
new Main Street the building design provides for capacity for future tenancies to be<br />
retrofitted in the longer-term. The 10m setback on the corner of Warlters/new Main<br />
Streets also has the capacity to be sleeved with a future tenancy.<br />
Recognising that the proposal is only the first stage of likely future development on<br />
the site, Kmart have included a plan in their concept drawings to indicate a potential<br />
long-term development scenario for the subject site and adjoining land to the west, to<br />
assist in providing some certainty that, whilst not commercial feasible in the shortterm,<br />
the objectives of the adopted Structure Plan and draft DCP can be achieved in<br />
the longer-term.<br />
The long-term development scenario shows potential uses on land which is not<br />
currently owned or controlled by Kmart and it is therefore not proposed that <strong>Council</strong><br />
endorse the plan for inclusion in the revised draft DCP. However, the plan will be<br />
included as part of exhibition material in any proposed LEP amendment for Warlters<br />
Street, arising from this report.<br />
Future active frontages identified in Kmart’s potential long-term development plan are<br />
limited to the east-west pedestrian link and the corner frontage of the landmark<br />
building site (cnr Warlters/Park Sts).<br />
Gallagher Ridenour recommend that the draft DCP provide for:<br />
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<br />
<br />
<br />
<br />
<br />
Primary activation include the new Main Street, frontage to Park Street and<br />
street corners;<br />
Promotion of primary active frontages along Warlters Street at corner<br />
intersections with Park Street, Main Street and Bay Street.<br />
Secondary active frontages along the remainder of Warlters Street.<br />
Provision for the ground floor of any future decked car parking to be sleeved<br />
with commercial/retail uses.<br />
Provisions to promote integration of car parking into the façade design.<br />
It is proposed to include design guidance with some flexibility in the revised draft<br />
DCP, with an emphasis on the frontages identified by <strong>Council</strong>’s independent urban<br />
design specialist.<br />
In addition, it is proposed to include general Design Excellence provisions in the LEP<br />
text to ensure that development of land zoned B3 Commercial Core and SP2 Tourist<br />
within the Settlement City Precinct is designed to consider the following:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Building design, external appearance, bulk, massing and modulation;<br />
Quality and amenity of the public domain;<br />
Activation of certain ground floor street frontages;<br />
Maintenance of view corridors;<br />
Relationship of development with existing/proposed development on the<br />
same, or on neighbouring sites;<br />
Pedestrian, cycle, vehicular and service access and circulation requirements;<br />
Street frontage heights; and<br />
Sustainable design, overshadowing and reflectivity.<br />
These provisions have been applied elsewhere in <strong>NSW</strong> (e.g. Coffs Harbour City<br />
Centre). Design competition provisions will not be included.<br />
Warlters Street<br />
The Structure Plan envisaged Warlters Streets to have a 31m road reserve with 4<br />
lanes of traffic, cycle lanes, and a planted median and on-street car parking to both<br />
sides. The northern edge was intended to provide for mixed use development with<br />
retail at ground level and residential above to maintain a suitable level of amenity to<br />
adjacent residential.<br />
The Kmart concept proposes a reduced 27m street width with 4 lanes of traffic (2<br />
lanes with parking each side in the short-term to medium-term) and median tree<br />
planting. The location of the proposed loading dock on Warlters Street is a<br />
significant departure from the adopted Structure Plan.<br />
As mentioned in the King and Campbell submissions, the concept plan has as much<br />
as possible embodied the street design elements of the Structure Plan with<br />
pedestrian footpaths, street and landscaping on both sides, parallel “Main Street” car<br />
spaces, separate access to eastern and western car park (to improve accessibility),<br />
potential for activation of the eastern frontage of the Kmart building and activation of<br />
the Town Square.<br />
A review of the revised street design by <strong>Council</strong>’s Technical Services staff has<br />
concluded that scope exists to reduce the Warlters Street cross section to 27m,<br />
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including a 5m wide central median, which will include a turning lane to allow a right<br />
turn movement into the “Main Street”. This does not include any right turn movement<br />
out of the “Main Street” onto either Warlters or Park Streets. To achieve a 27m wide<br />
reserve, 2m of road widening is required along the full Warlters Street frontage of the<br />
Kmart site.<br />
Kmart propose a combination of landscaped setbacks from 1m to 10m together with<br />
median planting to create a layered screening effect to reduce the visual impacts of<br />
the blank wall and loading dock to Warlters Street. The floor level of the dock is also<br />
marginally lower than the floor level of the Kmart building to assist in reducing<br />
impacts.<br />
Staff and Gallagher Ridenour concur that the proposed design and landscaping<br />
treatment of the dock will effectively screen the elevation from the south with the<br />
retention of existing trees combined with additional planting in the setback areas and<br />
the median tree planting. It is recommended that <strong>Council</strong> ensure delivery of the<br />
median planting as shown in the Kmart concept drawings.<br />
Views<br />
The Structure Plan envisaged development across the site with distinctly defined<br />
view corridors linking the Precinct to the foreshore.<br />
The Kmart proposal realigns the “Main Street” and its view corridor towards the<br />
existing Marina arcade, rather than to the foreshore at the western end of the Marina.<br />
The proposal also includes significant areas of on-grade car parking to the east of the<br />
new “Main Street”. It is recommended that the proponent provide fully dimensioned<br />
elevations for the information of adjoining landowners and for inclusion in the<br />
exhibition documents.<br />
On-grade car parking is a major departure from the objectives in the Structure Plan<br />
and Gallagher Ridenour note that while on-grade parking provides open views to the<br />
foreshore, the quality of the view from the south is significantly impacted by the<br />
extent of on-grade parking. It is recommended that the proposal demonstrate<br />
effective tree planting either in car bays, at the end of aisles and/or between rows to<br />
minimise visual impact. This will be incorporated as a DCP requirement.<br />
Gallagher Ridenour identified the view corridor to the east of the new “Main Street”<br />
as arbitrary because it does not appear to relate to any specific viewpoint. It is<br />
suggested that views from the south could be addressed with future building form,<br />
spaces between buildings or with modelling of height to allow views over parts of the<br />
site. It is recommended that permeability of views and pedestrian access to the<br />
foreshore be promoted rather than a specific requirement for a view corridor.<br />
The draft DCP will be amended to retain a view corridor along the new “Main Street”<br />
ensuring it remains open to the sky to limit future bridging; deletion of the designated<br />
view corridor to the east of the new “Main Street”; and promotion of pedestrian<br />
permeability through large development parcels and connectivity to the foreshore.<br />
Future Planning Certainty – Height and Floor Space Ratios<br />
The Structure Plan and current Height of Building (HOB) LEP map for the Kmart site<br />
provides for a 1-storey height for the new “Main Street”, Town Square and eastern<br />
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view corridor; a 5-storey height for the landmark site on the Warlters/Park Streets<br />
corner; and 4-storeys for the remainder of the site. A 3-storey street edge applies to<br />
all streets with exception of the landmark corner. The 3-storey street edge only<br />
applies to the St Joseph’s Primary School and Kmart sites within the Precinct.<br />
Floor Space Ratio (FSR) controls relate to the ratio of building area to site area. The<br />
LEP FSR map for the Kmart site permits a 0.2:1 FSR for the new “Main Street”, Town<br />
Square and eastern view corridor. The landmark corner has a 3:1 FSR with the<br />
remainder the site a FSR of 2:1.<br />
Kmart seeks an amendment to PMHLEP 2011 to permit a blanket 4-story (16m)<br />
height limit across the site, with the exception of the landmark corner which is<br />
proposed to retain the existing 5-storey (17.5m) height and a blanket FSR of 2:1<br />
across the site. This results in an increase in FSR over the new “Main Street” and<br />
Town Square and a reduction in FSR on the landmark corner.<br />
To secure the public benefits described in the Structure Plan and assist in achieving<br />
the long-term vision for the Precinct, Kmart has offered to enter into a Voluntary<br />
Planning Agreement (VPA) with <strong>Council</strong> to ensure the following key outcomes as<br />
intended on the submitted concept plans:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Unimpeded east-west pedestrian connectivity to a minimum laneway width of<br />
8m;<br />
New “Main Street” north-south link (19m min width & no buildings over);<br />
New Town Square (19m x 34m);<br />
Park/Warlters Streets traffic intersection works including traffic lights<br />
Warlters Street upgrade to a 4-lane median separate carriageway based on a<br />
27m wide road reserve; and<br />
Dedication of road widening to achieve 27m Warlters Street road reserve<br />
Dedication of the land required for a splay corner at the intersection of<br />
Warlters/Park Streets.<br />
Roadworks to provide a Park Street pedestrian crossing comprising a raised<br />
pedestrian facility incorporating a signalised pelican crossing linking the<br />
proposed Town Square with the adjacent marina.<br />
The offer from Kmart is contained in a letter from King & Campbell dated 29<br />
November 20<strong>12</strong>, as attached to this report.<br />
Further negotiations will be undertaken in the preparation of the VPA, particularly in<br />
relation to proposed offsets for infrastructure works by Kmart. However, the inprinciple<br />
offer from Kmart in relation to the east-west and north-south links provides a<br />
reasonable level of certainty in relation to these key design outcomes.<br />
Gallagher Ridenour suggest that street edge wall heights be included in the draft<br />
DCP instead of the LEP and recommend that this approach be limited to the new<br />
“Main Street” and Town Square to assist in shaping these spaces and support future<br />
consistency in built form. An upper level setback of 2.5m is seen as adequate to<br />
visually define the edge and support future balconies.<br />
It is recommended that <strong>Council</strong> prepare a Planning Proposal including the items<br />
proposed by Kmart to amend the HOB and FSR controls relating to the Kmart site as<br />
described above, subject to finalisation of a VPA including the items proposed by<br />
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Kmart. The HOB maps in the draft LEP will include deletion of the 3-storey street<br />
edge height LEP provision applying to the adjoining St Joseph’s Primary School site<br />
and <strong>Council</strong> owned land. Given the intended future use of the landmark site, the<br />
proposed reduction in FSR is not supported.<br />
Any decision by <strong>Council</strong> to amend the DCP to accommodate the Kmart proposal will<br />
trigger the need to re-exhibit the draft DCP in an amended form, having regard to the<br />
scope of change on issues such as realignment of the new “Main Street”, activation,<br />
design of the town square and the relationship of development to Warlters Street.<br />
Issue No 2 – Foreshore Walkway Promenade<br />
All About Planning, on behalf of Sails Resort, seek <strong>Council</strong>’s consideration to a<br />
shorter foreshore promenade alternative for the Sails site, with a partial walkway<br />
focussing on the eastern side of the Sails’ site. The submission states that this<br />
option would reduce most of the major impacts associated with the full walkway<br />
proposal, including:<br />
Significant unacceptable crime risk and loss of site security for Sails guests;<br />
Total loss of Sails Resort’s current ‘absolute waterfront’ point of difference – it is<br />
considered unlikely that <strong>Council</strong> would be able to adequately compensate Sails<br />
Resort for the total loss of this existing absolute waterfront land; and<br />
Unacceptable loss of site value and redevelopment potential.<br />
The submission also indicates that should the full walkway option be pursued,<br />
<strong>Council</strong> needs to commit to taking on the financial responsibility and legal burden of<br />
the walkway where it affects the Sails site. Objection is also raised to the<br />
requirement for a public Right of Way over the walkway due to site security,<br />
maintenance/repair costs and public liability issues.<br />
In light of the circumstances, it is considered reasonable that the draft DCP be<br />
amended to show the promenade connection parallel to Park Street and including a<br />
desired publicly accessible link along part of Sails’ eastern edge adjoining the<br />
marina. This outcome is to be considered in detail in future Development<br />
Applications.<br />
Further consultation with Sails Resort and Crown Lands will occur during the reexhibition<br />
of the draft DCP.<br />
Issue No 3 – Permanent Residential in SP3 Tourist Zone<br />
Changes made to the zoning of the Sails Resort site under the Standard Template<br />
PMHLEP 2011 exclude permanent residential land uses from the SP3 Tourist Zone<br />
land use table. All About Planning has lodged a submission on behalf of Sails, to<br />
seeking an amendment to PMHLEP 2011 to permit with consent permanent<br />
residential in the SP3 zone for the Sails site.<br />
The PMHLEP2011 identifies three precincts as SP3 Tourist Zone. These include the<br />
foreshore areas of the Settlement City Precinct (Marina & Sails Resort), Timbertown<br />
and the other is in <strong>Hastings</strong> River Drive in the vicinity of the Airport.<br />
Development for tourist and visitor accommodation is permitted with consent in the<br />
SP3 zone. Residential accommodation is not permitted within the zone. The<br />
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submission indicates that Sails requires 40% permanent residential to ensure the<br />
future economic viability of the Resort.<br />
The Settlement City Precinct Structure Plan recommended a SP3 Tourist zoning for<br />
the Sails site and schedule amendment to the LEP to include residential flat building<br />
as a secondary use to the primary tourist use, as was permitted for the site under the<br />
former PMHLEP 2001 2(t1) Residential Tourist zoning of the land.<br />
Preliminary consultation with the Department of Planning & Infrastructure suggests<br />
that a proposal for a Schedule 1 amendment may not be supported. Staff from<br />
<strong>Council</strong>’s Development & Environment Division propose continued consultation with<br />
representatives of Sails and the Department and that this matter be reported to<br />
<strong>Council</strong> as an outcome of the proposed revised DCP exhibition. This may lead to a<br />
further resolution to prepare a Planning Proposal to amend LEP 2011 at that time.<br />
Options<br />
<strong>Council</strong> could opt to adopt or further defer the draft DCP exhibited in 2011. Having<br />
regard to the submissions received, it is recommended that <strong>Council</strong> re-exhibit the<br />
draft Plans in accordance with the amendments as detailed in this report, together<br />
with a Planning Proposal to amend PMHLEP 2011 and related draft VPA.<br />
Public exhibition of a Planning Proposal is subject to the concurrence of the Director-<br />
General of the Department of Planning and Infrastructure following a resolution of<br />
<strong>Council</strong> to submit the Proposal to the Department for a Gateway Determination.<br />
Consultation/Submissions<br />
The draft amendment to PMHDCP 2006 and draft Section 94 Contributions Plan<br />
were placed on public exhibition for an extended period from July to September<br />
2011. This process included written notification to Precinct owners and surrounding<br />
landowners, advertisements in the local paper and the availability of the exhibition<br />
material on <strong>Council</strong>’s website and Port Macquarie office.<br />
A number of enquires were answered during and following the draft DCP and Section<br />
94 Plan exhibition and whilst no written submissions were received from surrounding<br />
residents to the exhibition, efforts have been made to keep these persons (& those<br />
who lodged submissions), informed of progress and to explain the reason for the<br />
delay in finalising the draft Plans.<br />
As noted previously, any decision by <strong>Council</strong> to amend the draft exhibited DCP and<br />
S94 Plans to accommodate the Kmart proposal will trigger the need to re-exhibit the<br />
draft Plans, in an amended form, having regard to the nature and scope of changes<br />
required.<br />
The revised draft plans would be exhibited for a period of 28-days in conjunction with<br />
the draft VPA and draft Planning Proposal, subject to a Gateway Determination from<br />
the Department of Planning and Infrastructure for the Planning Proposal. <strong>Council</strong><br />
planning staff are mindful that there was substantial community consultation during<br />
preparation of the adopted Structure Plan and a similar transparent process will be<br />
undertaken for the proposed LEP, draft DCP and draft Section 94 Plan amendments.<br />
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Planning & Policy Implications<br />
As a Plan prepared under the provisions of the Environmental Planning and<br />
Assessment legislation, once adopted, the development control provisions have<br />
statutory recognition and become a matter for consideration in the assessment of a<br />
development application. The Section 94 Plan will facilitate collection of contributions<br />
for Precinct roadworks.<br />
Should a Planning Proposal for the Kmart site be progressed as outlined in this<br />
report, the DCP and Section 94 Plan would take effect upon finalisation of the LEP<br />
amendment.<br />
Financial & Economic Implications<br />
The work associated with the planning for the Settlement City Precinct is currently<br />
provided for within the 20<strong>12</strong> – 2013 Operational Plan.<br />
There is a potential for financial risks to impact upon <strong>Council</strong> associated with<br />
infrastructure requirements, particularly roads, for the development of the precinct<br />
over time. These risks are to be mitigated through the development of the s94<br />
contributions Plans for roads infrastructure and offers by the proponents for<br />
infrastructure works to support development.<br />
Economic implications associated with the development of the Settlement City<br />
Precinct were considered by <strong>Council</strong> as part of the structure planning process in<br />
2008 and as part of the rezoning of lands within the precinct in 2011.<br />
Attachments<br />
1. Summary of submissions<br />
2. Gallagher Ridenour Urban Design Review<br />
3. Kmart Concept Drawings Nov 20<strong>12</strong><br />
4. King and Campbell submission Kmart 6 Nov 20<strong>12</strong><br />
5. King and Campbell submission Kmart 22 Nov 20<strong>12</strong><br />
6. Kmart Planning Agreement Offer 29 Nov 20<strong>12</strong><br />
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Item: <strong>12</strong>.10<br />
Subject: BUILDING BETTER REGIONAL CITIES GRANT PROGRAM -<br />
AFFORDABLE HOUSING INCENTIVE SCHEME ARRANGEMENTS<br />
Presented by: Community & Cultural Development, Lesley Atkinson<br />
Alignment with Delivery Program<br />
5.4.1 Plan settlements to accommodate a range of compatible land uses and<br />
projected population growth.<br />
RECOMMENDATION<br />
That <strong>Council</strong>:<br />
1. Waive the requirement to undertake a tender process in relation to the<br />
delivery of the Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> affordable housing<br />
incentive scheme as part of the Building Better Regional Cities (BBRC)<br />
Funding Agreement under section 55(3)(i) of the Local <strong>Government</strong> Act<br />
1993 as there are limited providers of these services and the Federal<br />
<strong>Government</strong> has endorsed this provider under the BBRC funding<br />
program.<br />
2. Authorise the General Manager to enter into a contract with Ethan<br />
Affordable Housing to deliver the affordable housing incentive scheme.<br />
3. Note the status of the BBRC project.<br />
4. Amend the 20<strong>12</strong>/13 Operational Plan to include the delivery of this<br />
affordable housing incentive scheme.<br />
Executive Summary<br />
Under the Building Better Regional Cities (BBRC) Funding Agreement, <strong>Council</strong> has<br />
targeted the funding of a new water reservoir at Sancrox and new road infrastructure<br />
on The Ruins Way at Lake Innes in order to progress new developments in those<br />
areas. The agreement requires <strong>Council</strong> to establish and deliver an affordable<br />
housing incentive scheme to apply to the areas directly related to the new<br />
infrastructure at Thrumster and Lake Innes.<br />
In order to deliver an affordable housing incentive scheme research has been<br />
undertaken in relation to how other <strong>Council</strong>s are implementing this component of the<br />
Federal <strong>Government</strong> Funding Agreement. While some <strong>Council</strong>s are implementing an<br />
in-house administered scheme, others are seeking the support of third party service<br />
providers. One provider, Ethan Affordable Housing, is already delivering this scheme<br />
for Bendigo City <strong>Council</strong>. Ethan Housing is interested in providing this service to<br />
<strong>Council</strong>. Given the limited number of <strong>Council</strong>s approved by the Federal <strong>Government</strong><br />
under the Building Better Regional Cities Grant Program (16), there are limited<br />
service providers to assist with incentive schemes due to the specialised nature of<br />
this service. The BBRC is a new one-off funding program announced in 2011.<br />
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Provision exists within the Local <strong>Government</strong> Act 1993 under section 55 (3) (i) for<br />
<strong>Council</strong> to waive the requirement to invite tenders in special circumstances.<br />
<strong>Council</strong> will need to approve the modification of the 20<strong>12</strong>/13 Operational Plan to<br />
include the implementation of the affordable housing incentive scheme.<br />
Discussion<br />
In July 20<strong>12</strong>, Port Macquarie-<strong>Hastings</strong> <strong>Council</strong> (<strong>Council</strong>) was successful in being<br />
awarded a $3 million Federal <strong>Government</strong> grant under the Building Better Regional<br />
Cities (BBRC) Program. BBRC is a new one-off Federal <strong>Government</strong> funding<br />
program announced in 2011. This funding has been provided to construct two<br />
infrastructure projects (Sancrox Reservoir (partial) and a sub-arterial road Ruins<br />
Way) on the basis that affordable housing be encouraged in these areas (Thrumster<br />
and Innes Peninsula respectively). .<br />
The Federal <strong>Government</strong> BBRC Program prioritised the delivery of affordable<br />
housing. <strong>Council</strong> proposed the establishment of a rebate scheme of $20,000 to one<br />
hundred eligible purchasers in the areas of Thrumster and Innes Peninsula (ratio of<br />
67 to 33 respectively for the two areas). These payments are to occur at the time of<br />
sale to assist eligible purchasers purchase affordable housing. Eligible purchasers<br />
are defined in the funding agreement as those that meet the definition of low to<br />
moderate income earners (based on National Rental Affordability Scheme). Specific<br />
income thresholds are outlined in the Funding Agreement.<br />
<strong>Council</strong>s’ original intention was to develop an in-house incentive scheme using the<br />
Smartygrants tool, thereby allowing all applications to be lodged online. It was<br />
intended to employ a Projects Officer on a casual basis to handle the applications<br />
and assess them. <strong>Council</strong>’s Property Section would assist by undertaking due<br />
diligence on the market value of land and placing a caveat on the title of the property<br />
to ensure that “eligible purchasers” did not resell within a specified period except to<br />
other eligible purchasers. Eligible purchasers would have the “incentive” provided at<br />
exchange of contract stage and held in trust for use in payment on settlement by the<br />
vendors solicitors. <strong>Council</strong> sought legal advice to confirm that this would be a<br />
suitable arrangement.<br />
It was estimated that the costs to <strong>Council</strong> to operate this scheme in-house would be<br />
between $100,000 - $200,000, depending on the length of time taken to sell 100 lots<br />
and the ongoing compliance management of lots being on-sold for up to 5 years from<br />
potentially the end of the Funding Agreement period ie 30 June 2016.<br />
As this is a completely new business process for <strong>Council</strong>, research was undertaken<br />
into how other councils were implementing the incentive scheme. Bendigo City<br />
<strong>Council</strong> appeared to be well advanced in their arrangements and their website<br />
reveals that Ethan Housing (a not for profit affordable housing organisation in<br />
Victoria) is managing the entire process. This entails applicants being directed from<br />
Bendigo City <strong>Council</strong> website to the Huntley Estate website (hosted by Ethan<br />
Housing). This website then provides application forms and information packages<br />
about how to apply, eligibility, housing estate information etc.<br />
An approach was made to Ethan Housing in early October 20<strong>12</strong> to ascertain if it was<br />
interested in providing a similar arrangement to what it provides to Bendigo City<br />
<strong>Council</strong> to <strong>Council</strong> and if so, at what cost. Once permission was gained from the<br />
Department of Families, Housing, Community Services and Indigenous Affairs to<br />
provide Ethan Housing with a copy of the Funding Agreement, a formal approach<br />
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was made to Ethan Housing on <strong>12</strong> October 20<strong>12</strong> to assess and provide a quote<br />
regarding fees to provide this service.<br />
Given the fees involved with a third party provider it would be normal practice to seek<br />
expressions of interest via a tender process. Section 55(3) (i) of the Local<br />
<strong>Government</strong> Act 1993 allows <strong>Council</strong> to waive the requirement to invite tenders in<br />
special circumstances. There are a number of special circumstances associated with<br />
this scheme that would make it difficult to find a suitable third party provider and<br />
achieve a satisfactory result in a relatively tight timeframe. These include:<br />
- It is a new funding program and there are limited service providers in this field<br />
at this time.<br />
- Limited number of <strong>Council</strong>s (9) that are implementing an incentive scheme<br />
given only 16 <strong>Council</strong>s have been successful in being given funding under this<br />
program, meaning it is a limited market;<br />
- Ethan Affordable Housing appear to be the only organisation at the moment<br />
that have developed a viable incentive scheme that is available immediately;<br />
- The Funding Agreement requires this scheme, that is a minimum of 230<br />
residential lots (including the 100 affordable housing lots), to be completed by<br />
30 June 2016, thus placing time pressures on commencing the scheme.<br />
- Satisfactory feedback about Ethan Affordable Housing performance from<br />
Bendigo City <strong>Council</strong>.<br />
- Administrative overheads in <strong>Council</strong> developing and implementing a<br />
standalone incentive scheme.<br />
Given these limitations, <strong>Council</strong> may approve by resolution that the need to invite<br />
tenders be waived. <strong>Council</strong> could authorise staff to enter into a contract with Ethan<br />
Housing.<br />
Ethan Housing has provided a proposal (dated 8 November) advising that it is<br />
interested in providing this service to PMHC at a particular fee per successful<br />
applicant. The confidential attachment titled “Ethan Affordable Housing Incentive<br />
Scheme Proposal November 20<strong>12</strong>” contains information that relates to commercial<br />
information of a confidential nature that would, if disclosed, prejudice the commercial<br />
position of the person who supplied it. (Local <strong>Government</strong> Act 1993 – Section<br />
10A(2)(d)(i)).<br />
Ethan would manage the entire process, including handling inquiries, assessment<br />
and approval of applications, formulation and execution of an agreement with each<br />
purchaser regarding repayment of the incentive if the property is on-sold within 3<br />
years, interface with the vendors and purchasers through the contract stage and<br />
compliance responsibility for the term of the purchase agreement (3 years from sale).<br />
Ethan Housing has developed this standard agreement following negotiations with<br />
four major banking groups regarding loan requirements.<br />
At this time no timeframe for implementation has been discussed with Ethan. Timing<br />
would be contingent on <strong>Council</strong> approving the development of a contract with Ethan,<br />
and in consultation with the relevant developers as to what suits their marketing<br />
needs.<br />
The immediate priorities for <strong>Council</strong> include the planning and implementation of the<br />
infrastructure items as the Federal <strong>Government</strong> funding must be fully expended by<br />
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March 2016. Planning for the water reservoir and upgrade of The Ruins Way are<br />
progressing well and both projects are on track for completion by March 2014.<br />
However, in the case of The Ruins Way, there is a need for approval from the<br />
Federal <strong>Government</strong> in relation to koala habitat issues under the Environment<br />
Protection Biodiversity Conservation Act. <strong>Council</strong> staff are working in cooperation<br />
with Land Dynamics Australia (formerly Luke & Company) at The Ruins Way in order<br />
to obtain the required approvals and proceed to construction as soon as possible.<br />
The commencement of new residential development in the Thrumster and Lake<br />
Innes residential areas is not entirely contingent upon the completion of the new<br />
infrastructure. At Thrumster, an interim water supply is available and at Lake Innes,<br />
alternate vehicular access exists to part of the rebate area via The Point Drive.<br />
<strong>Council</strong> staff are therefore proceeding with the establishment of the affordable<br />
housing incentive scheme.<br />
The requirement for construction of The Ruins Way to access some parts of the<br />
incentive scheme area was explained to relevant developers during preparation of<br />
planning agreements for the BBRC application. These planning agreements provide<br />
for the transfer of some water contributions funds to the affordable housing rebate<br />
scheme and also to the guaranteed release of lots within the rebate scheme area by<br />
key landowners.<br />
It would be appropriate to write to all land holders in the subject estates to advise of<br />
the details of the Funding Agreement including the affordable housing incentive<br />
scheme arrangements. This is planned to occur once <strong>Council</strong> approves this report.<br />
A meeting was convened on the 4 <strong>December</strong> 20<strong>12</strong> with the relevant developers,<br />
and/or their reps (Sovereign Hill, Brierley Hill and Diteleigh), the CEO of Ethan<br />
Affordable Housing (Ethan) and <strong>Council</strong> staff to discuss the Ethan proposal as they<br />
would be the main stakeholders dealing with Ethan should <strong>Council</strong> approve this<br />
report.<br />
Should the Ethan proposal not be considered appropriate, it is estimated that an<br />
incentive scheme using Smartygrants could be developed during January – March<br />
2013 with commencement of the incentive scheme at the end of April 2013.<br />
Options<br />
<strong>Council</strong> could seek additional information on the Building Better Regional Cities<br />
Funding Agreement and its implications for <strong>Council</strong>.<br />
<strong>Council</strong> could request that a tender process be undertaken to find a service provider<br />
to deliver the affordable housing incentive scheme.<br />
<strong>Council</strong> could request the affordable housing incentive scheme be delivered by<br />
<strong>Council</strong> staff.<br />
Consultation/Submissions<br />
Land Dynamics (on behalf of Brierley Hills P/L and Diteleigh P/L) has corresponded<br />
with <strong>Council</strong> on a number of occasions to ascertain the status of the implementation<br />
of the affordable housing incentive scheme.<br />
Item <strong>12</strong>.10<br />
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AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Planning and Providing Our Infrastructure<br />
Sovereign Hills Project P/L has also made inquiries on the project.<br />
Contact with Bendigo City <strong>Council</strong> to discuss the arrangements and support provided<br />
by Ethan Affordable Housing.<br />
Discussions and correspondence with the Building Better Regional Cities Section of<br />
the Department of Families, Housing, Community Services and Indigenous Affairs<br />
(FAHCSIA) has indicated that there are no concerns with having a third party service<br />
provider such as Ethan Housing involved in administering the incentive scheme for<br />
<strong>Council</strong>. FAHCSIA could not provide details of any other service providers in this<br />
field.<br />
Planning & Policy Implications<br />
The delivery of the affordable housing incentive scheme will need to be included in<br />
the 20<strong>12</strong>/13 Operational Plan and future Operational Plans. The procedural and<br />
administrative arrangements associated with the delivery of this scheme will need to<br />
be developed in accordance with the <strong>Council</strong> decision.<br />
Financial & Economic Implications<br />
The voluntary planning agreements entered into with Sovereign Hills Project P/L,<br />
Diteleigh P/L and Brierley Hill P/L provide sufficient funds through affordable housing<br />
contributions in lieu of water supply contributions to cover the incentive scheme and<br />
the administrative costs associated with delivering the scheme. There will be a cash<br />
flow issue regarding the time of the payment of the incentives and the receipt of the<br />
affordable housing contributions. This issue is considered manageable from a<br />
financial perspective.<br />
Attachments<br />
1. <strong>Council</strong> report 20<strong>12</strong>0725 Building Better Regional Cities Grant Funding<br />
2. Ethan Housing Affordable Housing Incentive Scheme proposal November 20<strong>12</strong><br />
(Confidential)<br />
Item <strong>12</strong>.10<br />
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AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Subject:<br />
CONFIDENTIAL COMMITTEE OF THE WHOLE<br />
RECOMMENDATION<br />
1. That <strong>Council</strong> move into Confidential Committee of the Whole to receive<br />
and consider the following items:<br />
Item 14.01 General Manager Annual Performance Review 2011/20<strong>12</strong><br />
This item is considered confidential under Sect 10A(2)(a) of<br />
the Local <strong>Government</strong> Act 1993, as it contains personnel<br />
matters concerning particular individuals (other than<br />
<strong>Council</strong>lors).<br />
2. That pursuant to Section 10A Subsections 2 & 3 and 10B of the Local<br />
<strong>Government</strong> Act 1993 (as amended), the press and public be excluded<br />
from the proceedings of the <strong>Council</strong> in Confidential Committee of the<br />
Whole on the basis that the items to be considered are of a confidential<br />
nature.<br />
3. That the recommendations made in Confidential Committee of the Whole<br />
be made public as soon as practicable.<br />
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AGENDA<br />
ORDINARY COUNCIL<br />
<strong>12</strong>/<strong>12</strong>/20<strong>12</strong><br />
Subject:<br />
ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL<br />
COMMITTEE OF THE WHOLE<br />
RECOMMENDATION<br />
That the undermentioned recommendations from Confidential Committee of<br />
the Whole be adopted:<br />
Item 14.01 General Manager Annual Performance Review 2011/20<strong>12</strong><br />
This item is considered confidential under Sect 10A(2)(a) of<br />
the Local <strong>Government</strong> Act 1993, as it contains personnel<br />
matters concerning particular individuals (other than<br />
<strong>Council</strong>lors).<br />
RECOMMENDATION<br />
Page 190