Notice of Ordinary Meeting to be held on 18 November 2015 at 5pm Council Chambers - 2 Pulteney Street,

Attendance of the following Councillors is respectfully requested:-

Chair: Mayor Paul Hogan

Deputy Chair: Councillor David West [Deputy Mayor]

Councillors: Kathryn Bell, Brad Christensen, Peter Epov, Robyn Jenkins, Trent Jennison, David Keegan & Alan Tickle.

Attendance of the following Staff is requested:

Executive Leader: Paul De Szell

Acting Executive Leader: Daniel Aldridge

Senior Leaders: Phil Miles, Bruce Moore & Jane Ree

Administrative: Michelle Jobson

Ron Posselt General Manager *** PLEASE NOTE *** The proceedings of this Meeting will be recorded by Council to assist in ensuring the accuracy of the Minutes of the Meeting.

Persons in the gallery are advised that under the Local Government Act, 1993 a person may NOT record the proceedings of a meeting of a Council or Committee WITHOUT the authority of the Council or Committee. Record includes a tape, video camera and any electronic device capable of recording speech.

It would also be appreciated if mobile phones could be switched off so as not to disrupt the meeting.

Copies of attachments are available for viewing at Council’s Administration Centre, libraries or Council’s website at taree.cc/agendas

In accordance with the NSW Privacy and Personal Information Protection Act 1998, all discussion held during the Open Council meeting is public information.

*** A G E N D A ***

1 Call to Order

2 Prayer

3 Acknowledgement of Traditional Custodians

4 Special Activity (if required)

5 Apologies

6 Confirmation of the following Minutes: Ordinary Meeting held on 21 October 2015

7 Disclosures of Interest

8 Mayoral Minute

Fit for the Future

9 Late Correspondence (If Council so resolves).

10 Notice of Public Speakers

11 Staff Reports

Please note that in accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is made at a Council meeting. Accordingly, the Mayor will call for a division in respect of the motion, which will show the names of those Councillors that voted for and the names of Councillors that opposed the resolution. The Minutes of the Council Meeting will be the formal register of such decisions.

Page No

1 Expansion of Existing Rural Tourist Facility 1 - 10

2 Highway Service Centre, Caravan Sales/Workshop and Caravan Park – Lot 20 DP 628599 – Pacific Highway, Nabiac 11 - 22

3 Mick Tuck Sports Participation Award 23 - 24

4 Monthly Capital Works Program Progress Report – October 2015 25 - 26

5 Investment Report - October 2015 27 - 30

6 Monthly Financial Information Report - October 2015 31 - 34

7 Financial Statements and Reports – Year ended 30 June 2015 35 - 40

8 Local Traffic Committee – 8 October 2015 41 - 46

Page 2 of 4 9 Review of Policies 47 - 48

10 Annual Report 2014/2015 49 - 52

11 Companion Animals Identification Process 53 - 56

12 Tender – Bridge Inspections and Load Capacity Assessments - Contract 2015/03 57 - 61

12 Questions on Notice

13 Matters of urgent business

14 Closed Council

Page 3 of 4 COUNCIL’S CHARTER

Greater Taree City Council is a local authority constituted under the Local Government Act 1993. The Act includes a Charter for all Councils in NSW. The Charter is a set of principles that are a guide to councils in carrying out their functions. A council may add other principles not inconsistent with those in the Act. Council’s Charter is:-

 to provide directly or on behalf of other  to bear in mind that it is the custodian and levels of government, after due trustee of public assets and to effectively consultation, adequate, equitable and account for and manage the assets for appropriate services and facilities for the which it is responsible; community and to ensure that those services are managed efficiently and  to facilitate the involvement of Councillors, effectively; members of the public, users of facilities and services and Council staff in the  to exercise community leadership; development, improvement and coordination of local government;  to exercise its functions in a manner that is consistent with and actively promotes the  to raise funds for local purposes by the fair principles of cultural diversity; imposition of rates, charges and fees, by income earned from investments and, when  to promote and to provide and plan for the appropriate, by borrowings and grants; needs of children;  to keep the local community and the State  to properly manage, develop, protect, government (and through it the wider restore, enhance and conserve the community) informed about its activities; environment of the area for which it is responsible, in a manner that is consistent  to ensure that in the exercise of its with and promotes the principles of regulatory functions, it acts consistently and ecologically sustainable development ; without bias, particularly where an activity of the Council is affected; and  to have regard to the long term and cumulative effects of its decisions;  to be a responsible employer.

Council Statement of Commitment

As duly elected Councillors with the Greater Taree City Council, we will endeavour to make decisions in good faith and in the best interest of the community of the Manning Valley area.

We will also use our best efforts in exercising careful stewardship over the public assets in our trust.

We will perform our public duty in accordance with these principles:

Integrity Leadership Selflessness Objectivity Accountability Openness Honesty, and Respect

Page 4 of 4 ORDINARY MEETING OF COUNCIL

18 NOVEMBER 2015

BUSINESS PAPERS

MAYORAL MINUTE

FIT FOR THE FUTURE (S1089)

The NSW Government’s Fit for the Future process is drawing to a conclusion. The Independent Pricing and Regulatory Tribunal has assessed proposals from NSW Councils and their report has been released. The Government has requested feedback on that report by today. In the interests of transparency to our community I will now place on the public record Greater Taree City Council’s response to the IPART report.

Greater Taree City Council (GTCC) has been rated as satisfying the scale and capacity criteria but not satisfying two out of three of the financial benchmarks. Of the councils surrounding GTCC, both Gloucester and Walcha do not satisfy the scale and capacity criteria. The ILGRP made no recommendation regarding Walcha and GTCC, there is no community of interest so no consideration was given to this merger possibility. Consideration has been given to merging with Council (GSC), however, a merger would see an increase to the current GTCC area of 40%, an increase in road length of 40% and an increase in bridge length of 62% for a revenue increase of less than 20%. The primary financial issue that GTCC is currently addressing is the extent of infrastructure and a merger with GSC would worsen that situation. By contrast IPART suggests there is $11m in public benefit from a merger between GSC and (GLC), which is rated as ‘fit’ on all criteria.

While GTCC recognises a GLC/GSC would seem to be a far better outcome than a GTCC/GSC merger, we are willing to be party to further discussions if the Government deems it appropriate including potential boundary changes.

We note that GTCC is in a group of councils with scale and capacity but not financial sustainability. We recommend that when the dust settles on mergers consideration be given to sustainable funding models to assist this group of councils provide basic sustainable infrastructure to their communities. This will require a model that redistributes current grant funds from sustainable councils to those that can never be sustainable under their own funding. A guaranteed level of transport and access across NSW is critical to the future sustainability of the whole state. GTCC would be pleased to be part of the process for developing such models.

RECOMMENDATION

That the information be noted.

...... Mayor

Page 1 of 1 ORDINARY MEETING OF COUNCIL

18 NOVEMBER 2015

BUSINESS PAPER

1 EXPANSION OF EXISTING RURAL TOURIST FACILITY (257/2015/DA)

Report Author: Arnna Fotheringham Development Planner Authorised: Bruce Moore Senior Leader Regulatory Services

SUMMARY

The purpose of this report is to consider an application for the expansion of an existing rural tourist facility on Lot 3 DP 873895, 93-97 Beauly Road, Tinonee. The key assessment issues relate to the permissibly of the proposed expansion and the traffic impacts likely to generated. Both of these issues are discussed in the body of the report.

RECOMMENDATION

That Development Application 257/2015/DA for the expansion of a rural tourist facility on Lot 3 DP 873895, 93-97 Beauly Road, Tinonee be approved subject to the conditions contained in attachment (i) to this report.

APPLICATION DETAILS

Application Number 257/2015/DA Applicant PDA Services Owner N A & J E Mackenzie Date Lodged 22 December 2014 Land to be Developed Lot 3 DP 873895 – 93-97 Beauly Road Tinonee Land Use Zone RU1 Primary Production – LEP 2010 Variations to Development Controls N/A Summary of Variations N/A Integrated Development N/A Number of Submissions Received 6

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BACKGROUND

In November 1997 Council granted consent for “Farm Stay Facilities” at 93-97 Beauly Road Tinonee. It is important to note, that while the application was referred to as a Farm Stay Facility, the approved development was legally defined as a Rural Tourist Facility under the former Local Environmental Plan 1995.

The approved development was to be carried out in two stages and consisted of the following:

Stage 1

 A manager’s residence (in addition to the existing dwelling on site)

 Tourist cabins x 2

Stage 2

 Conversion of the managers residence to additional tourist accommodation.

 Conversion of the existing dwelling to a managers residence.

Stage 2 of the development has never proceeded.

In late 2014, Council became aware that additional tourist accommodation (an airstream caravan and the conversion of a garage) had been provided on site without the prior consent of Council.

The current application has been lodged to legitimise use of the unauthorised buildings and to accommodate future works. Assessment of the application has been protracted due to numerous requests for the applicant to provide additional information.

THE SITE

The subject site is located at the end of Beauly Road and has an area of 6.75 hectares. It has frontage to the and is currently operated as a tourist facility containing an approved dwelling, manager’s residence and two (2) one bedroom cabins. Unauthorised uses currently on site include a one (1) bedroom airstream caravan and a garage/shed which has been converted into a two (2) bedroom accommodation unit. The site and the surrounding area is rural in nature which can be clearly seen in the location plan provided in figure 1 below.

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THE PROPOSAL

The current development application seeks to legalise the unauthorised uses and obtain approval for additional accommodation on the land in three (3) stages as follows:

Stage 1

Use Only - Airstream caravan as one (1) bed accommodation

Use Only - Garage/shed as two (2) bed accommodation

Use Only – Manager’s residence as three (3) bed accommodation

Figure 1 – Location Plan

Page 3 of 61 Ordinary Meeting of Council – 18 November 2015

Stage 2

Three (3) yurts for tourist accommodation

Stage 3

Guest inground pool

Guest dining area

Plans of the proposed development are provided in attachment (ii).

ASSESSMENT

Under S79C of the Environmental Planning & Assessment Act 1979 (EP & A Act), a consent authority (the Council) when determining a development application, “is to take into consideration such of the following matters as are of relevance to the development the subject of the development application”. The relevant matters for consideration are summarised below:

79C (a)(i) the provisions of any environmental planning instrument

Greater Taree Local Environmental Plan 2010

The subject land is zoned RU1 Primary Production. The proposed development is defined as tourist and visitor accommodation. Under the LEP tourist and visitor accommodation is prohibited development in the RU1 zone.

Existing Use

As tourist facilities are now prohibited in the RU1 zone, the applicant is relying on ‘existing use rights’ to allow for the proposed expansion of the facility.

Existing use is defined and determined under the Environmental Planning and Assessment Act 1979 (EP&AA) and the Environmental Planning and Assessment Regulation 2000 (EP&A Regs).

Section 106(a) of the EP&AA defines an ‘existing use’ to mean:

“the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use...”

As the existing rural tourist facility was a lawful purpose immediately before the commencement of the Greater Taree Local Environmental Plan 2010, existing use provisions apply to the proposed development.

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For existing use rights to exist, it also needs to be established that use of the development has not been abandoned. Clause 107 of the EP&AA outlines provisions for the continuance of and limitations on an existing use and in particular Cl 107(3) states:

“…that a use is to be presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months”.

Council has received submissions from both the current and previous owners that the tourist facility has operated continuously since its establishment.

Clause 41 of EP&A Regs allows for development to be enlarged, expanded or intensified with Council consent. Therefore, as an existing use, the tourist facility can be expanded in accordance with this provision if consented to by the Council.

79C (a)(ii) the provisions of any draft environmental planning instrument

N/A

79C (a)(iii) any development control plan

Greater Taree Development Control Plan 2010

Part J1 Development in rural and environmental zones

The proposed development complies with the relevant performance criteria of DCP 2010. All buildings are sited so as not to detract from the amenity and character of the surrounding land. The airstream caravan, while offering an alternate accommodation style is also located to protect the visual amenity with appropriate landscaping. All setbacks, car parking and access are compliant and considered satisfactory.

Council’s Environmental Health Officer has reviewed the wastewater report submitted by Rosewood Environmental Services for the tourist facility. The design options proposed in the report offer wastewater treatment systems which satisfy the requirements of the Council’s On-site Sewage Development Assessment Framework (DAF) and is considered adequate.

79C (a)(iiia) any planning agreement or any draft planning agreement

N/A

79C (a)(iv) any matters prescribed by the regulations

N/A

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79C (a)(v) any coastal zone management plan

N/A

79C (b) the likely impacts of that development

Context & Setting

The existing tourist facility is located at the end of Beauly Road with frontage to the Manning River and the adjoining watercourse. The surrounding land uses are characterised by smaller rural lifestyle parcels. Vegetation is scattered throughout the site and provides visual amenity both internally and externally. The proposed expansion of the existing tourist facility is considered compatible with the established rural amenity.

Access, Transport and Traffic

Beauly Road is a 1km long rural unsealed road that is classified as a rural laneway with a 4-5m variable carriageway width. Beauly Road intersects with The Bucketts Way. The road and intersection are in reasonable condition.

Beauly Road currently provides access to 10 properties. Each of these properties contains a dwelling house with the exception of the subject land which also contains a rural tourist facility. There are no available traffic counts for this road however RMS’s traffic generation rates can reasonably be used in this circumstance. Low density residential dwellings in regional areas generate 7.4 trips per dwelling per day. Tourist accommodation generates 3 trips per unit per day.

Based on the RMS’ figures approved development on Beauly Road could be expected to generate up to 83 vehicle movements per day. The proposed expansion of the facility is likely to generate an additional 15 vehicle movements per day.

The proposed increase in traffic has been considered by Council’s Asset Planning section and is acceptable without any requirement for changes to the carriageway or intersection. However, it is considered that as many motorists accessing the tourist facility may not be familiar with the road, safety could be improved through the installation of appropriate signage.

Air

In dry conditions, dust being generated from unsealed roads is an inevitable situation. From time to time Beauly Road generates dust from those accessing the properties and those using the tourist facility. The dust effects residents in the immediate vicinity with those clustered on the ‘S’ bend being most effected.

This dust issue could be eliminated by requiring the owner of the development to seal part or all of Beauly Road. This requirement is however considered to be excessive,

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given the overall usage of Beauly Road and the scale of the proposed expansion to the development.

Construction

The proposed development involves a number of changes to existing buildings and structures. The unauthorised works will be required to demonstrate compliance with the Building Code of (BCA) to ensure that they can be used for habitable purposes. Appropriate certification will also be required and conditions will be placed on any consent issued.

No amenities are proposed to be provided within each of the three (3) yurts. Occupants will be required to walk to the main residence to share bathroom facilities. These facilities and the dwelling may need to be upgraded to meet the requirements of the BCA.

79C (c) the suitability of the site for the development

It is considered that there no constraints to prohibit the expansion of the existing tourist facility and the site attributes are conducive to development of this kind. The expansion of the facility is not in consistent with the established rural character.

79C (d) any submissions made in accordance with this Act or the Regulations

Public Submissions

The application was notified twice as a result of additional information being submitted. The most recent notification period occurred between 8 September 2015 and 24 September 2015. A total of twelve (12) individual property owners were notified with Council receiving 6 submissions. A summary of the relevant planning issues raised in the submissions is provided below. Full copies of the submissions are provided in Attachment (iii).

Objection Staff Response The existing tourist facility has not Council is satisfied that the existing use has been operating and the existing use not been abandoned as discussed in the has therefore been abandoned. body of the report. No evidence that the current The development relies on existing use rights development application seeks to and Clause 41 of EP&A Regs allows for satisfy the definition of ‘farm stay development to be enlarged, expanded or accommodation’ under GTLEP 2010. intensified with Council consent and therefore the definition does not need to be satisfied.

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Objection Staff Response The Applicant is seeking a change of The Applicant is not seeking a change of use use to a use that is prohibited under and is relying on existing use provisions GTLEP 2010 and therefore Council relative to the approved ‘rural tourist facility’. cannot approve the application in its Consent can be granted for the expansion of current form. an existing use. Existing use rights would be limited The original consent approved the ‘rural to land that is physically and lawfully tourist facility’ on the whole of land and used prior to the commencement of activities were not confined to any specific the new GTLEP 2010. location on the site. The 1997 approval was granted on The original consent was not based on the the basis that the use would satisfy site having a predominant agricultural use. the rural objectives and continue to The consent was based on the site’s be used predominantly for attributes such as views, access to the river. agricultural purpose with the ‘farm- based tourist facility’ being secondary. Council should issue orders to cease The unauthorised works that have been the unlawful use and remove the carried out on site cannot be made lawful, unlawful structures. however Council may consent to the ‘use’ of those structures provided they comply with relevant Building Code and Planning requirements. If consent is not granted for the development consideration will be given to the issue of orders for the removal of the unauthorised works. The airstream caravan is prohibited Moveable dwellings can be placed on private given that it is a moveable dwelling land with Council consent. and caravan parks are prohibited in the zone. Removal of native and protected No vegetation is proposed to be removed for vegetation. the purposes of the application. Allegations have been made about vegetation removal separate to the application. This matter has been referred to the NSW Office of Environment and Heritage for a compliance investigation. Septic system and the potential of The onsite wastewater management system groundwater being contaminated. has been assessed and is considered satisfactory for the existing and proposed development. Dust and noise generation from The additional traffic movements do not additional traffic using Beauly Road. warrant sealing of the road. Beauly Road should be sealed should any approval be granted.

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Objection Staff Response Concerns relating to water usage for There are 9 tanks on site with a total capacity tourist facility. of 209,000 litres which is considered reasonable. Existing maintenance of bitumen at The current intersection is considered to be the intersection of Beauly Road and acceptable for the proposed use. The Bucketts Way is not adequate. Maintenance of the intersection will occur in accordance with Council’s routine maintenance works. Expansion of the existing use cannot The EP&A Regs limits expansion of be more than 10% under the commercial and light industrial ‘existing uses’ Regulations. to no more than 10% of the existing floor area. This limitation does not apply to tourist accommodation. Previous consent requiring materials This is a new application considered on its to blend with the surrounding merits. environment. Concerns that buildings on site are All buildings offered for accommodation at being advertised for rental as the tourist facility are for short term stay only permanent occupancy. and this will be reinforced by a condition of any consent issued. Amenities for existing yurts The building code permits amenities to be provided in a building separate to the yurts. Concerns relating to the proposed The subject land is not identified as a koala expansion to a known koala corridor. corridor or having koala habitat. Reduced speed limits The RMS is responsible for setting road speed limits with recommendations from Council. This request has been forward to the Local Traffic Committee for consideration.

79C (e) the public interest

The expansion of the existing tourist facility will deliver additional and alternative accommodation for tourism opportunities within the area and is not considered to be contrary to the public interest.

CONCLUSION

The application seeks approval for the expansion of an existing rural tourist facility. The proposal relies on existing use provisions for the expansion and legitimisation of unlawful uses both of which are subject to Council consent.

The proposal is compatible with the rural amenity of the locality and will provide additional tourism accommodation opportunities. The site attributes are conducive to

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the proposed development and there are no obvious constraints, therefore the application is supported.

BUDGET IMPLICATIONS

There are no budget implications relating to this development application.

ATTACHMENTS

(i) Draft conditions of consent

(ii) Site and Elevation Plans

(iii) Copy of submissions

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2 HIGHWAY SERVICE CENTRE, CARAVAN SALES/WORKSHOP AND CARAVAN PARK – LOT 20 DP 628599 – PACIFIC HIGHWAY, NABIAC (491/2015/DA)

Report Author: Arnna Fotheringham Development Planner Authorised: Bruce Moore Senior Leader Regulatory Services

SUMMARY

The purpose of this report is to consider an application for the redevelopment of the Nabiac Service Station, Caravan sales/workshop and Caravan park on Lot 20, DP 628599, Pacific Highway, Nabiac. The key assessment issues in relation to the proposed development are access, social and economic impacts. These issues have been addressed within the body of the report.

RECOMMENDATION

That Development Application 491/2015/DA for a Highway Service Centre, Caravan Sales/workshop and Caravan Park on Lot 20, DP 628599, Pacific Highway, Nabiac be approved subject to the conditions contained in attachment (i) to this report.

APPLICATION DETAILS

Application Number 491/2015/DA Applicant Service Station Developments C/- MacroPlan Dimasi Owner Nabiac Property Holdings Pty Ltd Date Lodged 23 June 2015 Land to be Developed Lot 20 DP 628599 Land Use Zone RU1 Primary Production Variations to Development N/A Controls Summary of Variations N/A Integrated Development NSW Rural Fire Services – Rural Fires Act 1997 NSW Department of Primary Industries Water – Water Management Act 2000 Number of Submissions 5 Received

BACKGROUND

In October 2013 the Land and Environment Court issued consent for a highway service centre, caravan sales/workshop and caravan park on the subject land. The predominant issue considered by the court related to the permissibility of the

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proposed development. The court found the development was permissible due to existing use rights and granted consent on that basis. The consent was issued subject to deferred consent conditions requiring the submission of an acoustic report and final design plans for an acoustic barrier. The applicant was given 3 months from the date of consent to provide this information to Council otherwise the consent would lapse. The applicant failed to satisfy the deferred commencement conditions and as a result the consent lapsed.

On 23 June 2015 the current development application was lodged for Council’s consideration. The proposed development is exactly the same as that previously approved by the court.

THE SITE

The site has an area of 4 hectares and is triangular in shape. The site has a 311 metre frontage to the Pacific Highway (north-bound) and a 232 metre frontage to Hardy Road. It is situated on the northern fringe of the Nabiac village (see Figure 1). The site slopes gently from its western boundary to the south-eastern boundary on the Pacific Highway. The site currently contains an existing service station, caravan sales and service business and a caravan park comprised of 42 approved sites (17 short term and 25 long term). Two (2) permanent residents currently occupy the park.

THE PROPOSAL

As part of the application the following works are proposed:

 Demolition of the current buildings on the land

 Relocation of the caravan sales/workshop area to the western end of the site

 Redevelopment of the caravan park

 Redevelopment of a highway service centre comprising:

 The installation of 12 refuelling bowsers, eight to service passenger vehicles and four to service heavy vehicles and associated infrastructure,

 A Shell convenience store of approximately 160m²

 Four additional shop tenancies with three nominated to include Coffee Club, Pie Face and Red Rooster.

 A common seating area servicing tenancies to include 108 internal seats and 16 external seats.

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Figure 1 – Locality Plan

ASSESSMENT

Under S79C of the Environmental Planning & Assessment Act 1979 (EP & A Act), a consent authority (the Council) when determining a development application, “is to take into consideration such of the following matters as are of relevance to the development the subject of the development application”. The relevant matters for consideration are summarised below:

79C (a)(i) the provisions of any environmental planning instrument

The following State Policies are relevant to the assessment of the application:

State Environmental Planning Policy No. 21 – Caravan Parks (SEPP21)

SEPP 21 ensures that where caravan parks or camping grounds are permitted, development consent is obtained. It encourages the orderly and economic development of land used for caravan parks and camping grounds with the purpose of promoting the social and economic welfare of the community.

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A caravan park currently exists on the land and has approval for 17 short term sites and 25 long term sites. The existing caravan park is considered to be in a dilapidated condition. The proposed development will result in an upgrade of the caravan park in accordance with relevant regulations. The redevelopment proposes no change to the number of short term and long term sites and meets the requirements of the SEPP.

State Environmental Planning Policy No. 33 – Hazardous and offensive Development (SEPP 33)

SEPP 33 provides definitions for hazardous and offensive development. The SEPP ensures an appropriate assessment is undertaken to identify and mitigate any potential hazards where offensive and hazardous development is carried out.

The proposal is considered to be a hazardous development due to the storage of fuels and therefore the extent of risk needs to be determined. A Preliminary Hazard Analysis has been prepared by Hazkem Pty Ltd and addresses the requirements of SEPP 33. The analysis has determined that the development as proposed is of negligible risk.

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

SEPP 55 aims to promote the remediation of contaminated land for the purposes of reducing the risk of harm to human health or any other aspect of the environment. The land is identified as potentially contaminated due to its current use as a service station and the previous existence of a decommissioned onsite sewage system which previously serviced the caravan park. It will be necessary for the applicant to provide a site audit statement validating that the site has been remediated to a level commensurate with the proposed use. An appropriate condition will be placed on the consent should it be granted.

State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

The proposed development is considered to be traffic-generating development. Pursuant to Clause 104 of the ISEPP the application was referred to Roads and Maritime Services (RMS) for comment. RMS’ primary interest in the proposed development is to ensure adequate provision is made for safe and efficient site vehicular access to and from the Pacific Highway.

RMS have advised that they have no objection to the proposed development subject to the appropriate RMS conditions being included in any consent issued.

Greater Taree Local Environmental Plan 2010 (GTLEP 2010)

The subject land is zoned RU1 Primary Production under the GTLEP 2010. The objectives of the zone are:

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 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

 To encourage diversity in primary industry enterprises and systems appropriate of the area.

 To minimise the fragmentation and alienation of resource lands.

 To minimise conflict between land uses within this zone and land uses within adjoining zones.

 To permit small scale rural tourism uses associated with primary production and environmental conservation with minimal impact on primary production and the scenic amenity of the area.

 To maintain the rural landscape character of the land.

 To protect and enhance the native flora, fauna and biodiversity links.

Components of the development are defined as follows under GTLEP 2010:

Highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:

(a) a restaurant or cafe,

(b) take away food an drink premises,

(c) service stations and facilities for emergency vehicle towing and repairs,

(d) parking for vehicles,

(e) rest areas and public amenities

Vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings are, or are to be installed or placed.

A highway service centre, vehicle sales or hire premise and caravan parks are all a prohibited form of development within the RU1 zone. However, as the proposal is a

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redevelopment of an existing facility, the development is reliant on existing use rights for permissibility.

As previously advised, the issue of “existing use rights” has been considered through the court process which has determined that consent is able to be given to the proposed development.

79C (a)(ii) the provisions of any draft environmental planning instrument

N/A

79C (a)(iii) any development control plan

Greater Taree Development Control Plan 2010 (DCP 2010)

The proposed development is subject to DCP 2010. The relevant controls relating to the development are Part G Car Parking and Access.

Parking requirements Development component DCP Requirement Provided Service Centre 4 4 Take-away food & drink 83 101 premises Caravan Sales & service 16 13 Caravan Park 32 33 Total car park requirements 135 151

The total number of car spaces provided for the development exceeds the number required by the DCP. Internal access and manoeuvring areas have also been assessed by Council’s Development Engineer and are compliant with the DCP requirements.

79C (a)(iiia) any planning agreement or any draft planning agreement

N/A

79C (a)(iv) any matters prescribed by the regulations

Local Government (Manufactured Home Estate, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005

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The regulation outlines prescriptive requirements for the proposed caravan park upgrade. The current proposal is generally compliant with the Regulation requirements and should any approval be granted, a condition will be imposed on the consent in respect of the regulation.

Environmental Planning and Assessment Regulation 2000

The development proposed to demolish all existing site structures. In accordance with Clause 92(b) of the Regulation, demolition will be carried out having regard to AS2601. Appropriate conditions to consent have been imposed.

79C (a)(v) any coastal zone management plan

N/A

79C (b) the likely impacts of that development

Context & Setting

The subject land is located on the western side of the Pacific Highway. The land has been previously cleared of all significant vegetation. The dominant feature of the site and streetscape is the existing service station, caravan sales/workshop and caravan park which has operated on the site in one form or another for over 60 years.

The land immediately adjoining the site is currently used for low scale agricultural purposes. The Nabiac Village is located to the east and south east of the site. The Village is physically separated from the development by the Pacific Highway and is visually separated by a physical barrier/screen located on the Nabiac Village side of the Highway.

Access, Transport and Traffic

The proposed access has been assessed and is supported by Roads and Maritime Services (RMS) and if a consent be granted, the conditions requested by this agency will be placed on the consent.

Utilities

All services are currently available to the site and will be utilised as part of the redevelopment.

Construction

Management of construction impacts will be the responsibility of the builder or site manager, however, should any consent be issued a condition will be imposed requiring the preparation of a construction management Plan (CMP) to ensure that

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impacts likely to be experience during the construction phase of the development are appropriately management and mitigated.

Water

The subject development proposes to provide onsite detention for the site and this is considered acceptable for the proposed development. A flood study was carried out by Floodmit Pty Ltd to ascertain the extent of any local flooding on the land given that Woosters Creek flows through the adjacent property to the north. It concluded that the extent of flooding does not encroach within the subject site.

Air and Microclimate

There is potential for dust emissions to be generated as part of the construction phase. Should any consent be granted, a condition will be imposed to minimise construction impacts.

Flora and Fauna

The subject site has minimal vegetation which is generally located toward the boundary extremities. No vegetation is proposed to be disturbed through site works for the proposed re-development.

Waste

It is considered that appropriate waste management for the construction and ongoing management of the redevelopment can be achieved. Standard conditions will be imposed and if consent is granted a waste management strategy will need to be prepared and submitted to Council for approval prior to the issue of any construction certificate.

Noise and Vibration

The development is located in a rural location and has the potential to impact surrounding the development.

A Noise assessment was carried out by Koikas Acoustic Pty Ltd to determine the effect on the closest receivers. The report has taken into account existing background noise of the highway and use of the service centre. To mitigate any potential noise impacts the report recommends:

 an acoustic wall/barrier to be erected between the service centre and caravan park;

 construction requirements for the caravan sales/workshop building; and

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 noise restrictions on air conditioning units and similar plant; and

 enclosure of plant areas.

Incorporation of these measures into the development will ensure that noise levels from the development will be within acceptable levels.

Safety, Security and Crime Prevention (CPTED)

The application was referred to NSW Police Force who have carried out an assessment following the ‘Crime Prevention through Environmental Design’ criteria. The site has been identified as a low crime risk and recommendations have been provided including CCTV to reduce opportunities for crime.

Economic and Social Impact

The proposed development is considered likely to have, on balance, a positive social impact on both Nabiac and the wider highway environs on the basis that it reinforces connectivity to the village, improves the quality of the development on site, improves affordable housing opportunities and contributes to local employment.

There is an existing pedestrian tunnel connecting the site and the Nabiac village under the Pacific Highway. The Applicant intends to improve this pedestrian tunnel by installing lighting, repainting and appropriately landscaping the entry points which will benefit those accessing the village and in particular the caravan park residents.

The development will increase employment opportunities during construction and provide 25-32 full time and 55-75 part time positions once established. It is considered that the redevelopment will ensure the ongoing financial viability of the uses on the site.

The proposed development will provide alternative retailing options to those already provided by the businesses in Nabiac. As the development is proposed to cater for predominately northbound travellers, negative economic impacts on the Nabiac village and other service centres/towns to the south are considered likely to be negligible.

79C (c) the suitability of the site for the development

The land is currently being used as a service station, caravan park and caravan sales and service business. It is considered that there are no natural or physical constraints to prohibit the proposed re-development of the site.

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79C (d) any submissions made in accordance with this Act or the Regulations

Public Submissions

The application was publicly notified between 17 July 2015 and 14 August 2015. It was advertised in the Manning River Times, notified to eighteen (18) individual property owners and to those who had lodged a submission in relation to the previous development application (174/2012/DA). Council received five (5) submissions during the notification period. A summary of the submissions is provided below. Full copies of the submissions are provided in Attachment (iii).

Objection Staff Response Concerns relating to the site access and Existing access arrangements will be safety improved. Increase flooding/drainage problems to There will be no increase in stormwater adjoining areas. discharge from the site. Economic & Social impacts on adjacent Service towns such as Bulahdelah are service towns not considered likely to be adversely effected by redevelopment of the existing facility. Substantial redevelopment of existing The proposed development does have a business beyond existing footprint. larger footprint than the current development. The expansion is permissible with consent across the entire site. Impacts of a larger caravan park will The caravan park has a current ‘approval effect other parks and tourism in the to operate’ and the number of available area. sites will not be altered. Noise impacts on the village especially Noise levels at the caravan park, being at night the closest residential accommodation to the noise generating sources have been shown to be within acceptable limits. Given that the Nabiac village is separated from the development site by the Pacific Highway and an existing noise attenuation wall, it is considered that the noise levels within the village will also be within acceptable limits.

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Objection Staff Response The development is not compliant with The Great Lakes Council Policy does not Great Lakes Council’s Strategic apply to the Greater Taree locality, Planning Policy. however the policy seeks to preserve the viability of towns such as Nabiac and Bulahdelah. The proposed redevelopment of this site is not considered likely to have an adverse impact on these villages.

Public Authorities

The application was referred to the following authorities:

NSW Transport roads & Maritime Services (RMS)

The application was referred to the RMS under the provisions of the ISEPP. The RMS has provided comment in relation to the efficiency and safety of the classified road network, the security of property assets and the integration of land use and transport. The RMS has no objections to the proposed development provided the suggested conditions are imposed on any consent issued.

Department of Primary Industries Water (DPI Water)

The application was referred to DPI Water for the purposes of the Water Management Act 2000 where works are occurring in the outer limits of waterfront land (which includes the bed of any ‘river’ together with any land within 40 metres inland of the highest bank of the river - Woosters Creek). Given the minor nature of the works within waterfront land, DPI Water has deemed that no Controlled Activity Approval is necessary in this instance.

NSW Rural Fire Service (RFS)

The subject land is identified as bushfire prone land and the caravan park component of the development is defined as a special fire protection purposes. Therefore, pursuant to S100B of the Rural Fires Act the application was referred to the RFS for a Bushfire Safety Authority (BSA). General terms of approval have been issued by the RFS which will be imposed should any consent be issued.

NSW Police Force (Manning Great Lakes Local Area Command)

The application was referred to the Manning Great lakes Crime Management Unit for assessment in respect of “Crime Prevention through Environment Design” (CPTED). NSW Police have identified the development as a low crime risk and have no objections to the proposed development.

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79C (e) the public interest

It is considered that a redevelopment of the site is required and that if approved it will ensure that the caravan park is upgraded to meet current regulations. This together with a service centre is considered likely to provide additional economic activity within the Nabiac locality. The proposed re-development is not considered to be contrary to the public interest.

CONCLUSION

The applicant has sought consent for the redevelopment of the Nabiac Service Station, Caravan sales/workshop and Caravan park. The proposed development is exactly the same as that previously approved by the court.

‘Existing use rights’ were established by the court when it previously granted consent to the development. A merit assessment has been carried out against all relevant criteria within Section 79C of the EP&AA and on this basis the proposed development is supported.

BUDGET IMPLICATIONS

There are no budgetary implications arising as a result of the proposed development.

ATTACHMENTS

(i) Draft conditions of consent

(ii) Site plan and elevations

(iii) Submissions

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3 MICK TUCK SPORTS PARTICIPATION AWARD (S100)

Report Author: Lineve Dwyer Executive Assistant Authorised: Ron Posselt General Manager

SUMMARY

Council has received four applications seeking funding through the Mick Tuck Sports Participation Award and this report seeks a resolution of those applications.

RECOMMENDATION

(i) That a financial contribution from the Mick Tuck Sports Participation Award reserve be made to Justin Walker.

(ii) That no financial contribution from the Mick Tuck Sports Participation Award reserve be made to the Elands Parents and Citizens Association; Taree Old Bar Surf Club or Bobin Public School.

(iii) That the Mayor write to all applicants advising of the resolution of Council.

BACKGROUND

Mick Tuck was Mayor of the City of Greater Taree from September 1999 until his untimely death in October 2003. He was a keen supporter of sport, particularly junior sport and had a desire that any young person who wished to participate in their chosen sport was not barred from doing so because they could not afford it.

This Award was established jointly by Mick’s partner Julene Westwater and Greater Taree City Council together with community donations. Funds raised from the inaugural “Mayor Mick’s Golf Day” and ongoing events have also been allocated towards the Award. The Award is to provide for individuals or sporting organisations the opportunities to seek financial support to allow participation in sport for persons under the age of 18.

To retain a link to Mick Tuck as Mayor, the Awards are administered by the Office of the Mayor and applications are considered by Councillors and determined on merit.

Application are submitted in accordance with the Mick Tuck Sports Participation Award Policy.

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DISCUSSION

At the Councillor workshop held 4 November 2015 Councillors reviewed the applications and it was determined a report be prepared for consideration at a future meeting of Council.

The application on behalf of Justin Walker is considered to meet the policy in relation to this award. The applications on behalf of Elands P&C, Old Bar Surf Club and Bobin Public School are considered to not meet the intent of the policy.

CONSULTATION

Councillors

COMMUNITY IMPACTS

Nil

TIMEFRAME

Nil

BUDGET IMPLICATIONS

The Reserve budget for the Mick Tuck Sports Participation Award currently sits at $23,597.

STATUTORY OR LEGISLATIVE REQUIREMENTS

Nil

ATTACHMENTS

(i) Application from Elands P and C Association

(ii) Application from Taree Old Bar Surf Club

(iii) Application from Bobin Public School

(iv) Application from Justin Walker

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4 MONTHLY CAPITAL WORKS PROGRAM PROGRESS REPORT – OCTOBER 2015 (S1054/03)

Report Author: Janiya Surasinghe Capital Works Engineer Authorised: Rhett Pattison Acting Senior Leader Asset Planning

SUMMARY

The purpose of this report is to present a monthly update on the progress of the adopted Capital Works Program.

RECOMMENDATION

That the Monthly Capital Works Program Progress Report for October 2015 as attached to this report be received and noted.

BACKGROUND

The purpose of this report is to maintain Council’s awareness on a month by month basis of the progress of the project development, project delivery and financial management of the works projects within the adopted Capital Works Program.

DISCUSSION

In addition to detailing the progress of various works & projects, this report highlights and justifies changes in time and cost at a project or program level. This report forewarns of budget adjustments required through the quarterly budget review process and also indicates potential project carry over into future financial years.

This report does not adopt budget variations but rather provides information to maintain awareness of the progress of the adopted Capital Works Program.

CONSULTATION

The management and coordination of all aspects of the Capital Works Program is undertaken in consultation with a wide range of internal and external stakeholders.

The key stakeholders in the preparation of this monthly report include the Asset Planning, Infrastructure Services and Finance Departments.

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COMMUNITY IMPACTS

Community Impacts are considered and managed as part of each Capital Works Program project, with the following issues of note:

 Nil

TIMEFRAME

Details are reported within the attachments, with the following issues of note:

 The final application of a 2-coat seal on Wallanbah Road Stage 3 – Koribah Lane to Avalon Road is now scheduled for late November 2015.

 The final application of a 2-coat seal on the Potts Bridge (Comboyne Road) approaches and West Street Coopernook will be done late November to align with the sealing works on the Road Resealing Program.

BUDGET IMPLICATIONS

The financial details presented in this report are accurate as at the last business day of the reported month. These figures relate to all works funded under the broader capital work budget umbrella. The total financial figures contained within this report shall correlate with the ‘Monthly Financial Information Report’ which presents an overview of the entire council budget.

Details are reported within the attachments, with the following issues of note:

 Additional $100,000 is to be allocated from SRV savings to Potts Bridge Replacement for variations due to extended wet weather delay, associated detour route maintenance and final sealing works.

 Additional $180,000 is to be allocated from various Regional Road Project Savings to Wallanbah Stage 3 for variations due to poor sub-grade conditions and extended wet weather delays.

STATUTORY OR LEGISLATIVE REQUIREMENTS

Nil.

ATTACHMENTS

(i) Capital Works Program Monthly Progress Report – October 2015

(ii) Capital Works Program Monthly Program – October 2015

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5 INVESTMENT REPORT - OCTOBER 2015 (S770)

Report Author: Gareth Davies Accountant Authorised: Carol Currie Senior Leader Finance

SUMMARY

This report provides details of the funds Council has invested under Section 625 of the Local Government Act and confirms compliance with Council’s adopted Investment Policy.

RECOMMENDATION

That the Monthly Investment Portfolio as at 31 October 2015, showing a balance of $39,850,000 be received and noted.

BACKGROUND

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer of Council must provide Council with a written report setting out all money Council has invested under Section 625 of the Local Government Act, at the last day of the month immediately preceding the meeting.

DISCUSSION

Council’s cash position as at 31 October was as follows: Balance ($'000s) Cash on Hand and at Bank (ledger balance)1 995 Investment Portfolio (attachment) 39,850 Total Funds 40,845

Investment Movements during the month Opening Balance 44,650 New Investments 0 Withdrawn Investments (4,800) Net Movement Cash At Call 0 Closing Balance 39,850

The weighted average return on the investment portfolio at the end of October 2015 was 2.92%, which exceeds the performance benchmark2 (BBSW 90 day average) of 2.19% by 0.73%.

1 The ledger balance is subject to outstanding bank reconciling items due to the timing of the production of this report.

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The following graph shows the cash and investments for the period 1 Aug 2011 to 31 October 2015.

Cash and Invested Funds for the Period ended 31 October 2015 45

40

35

30

25

$ (millions) $ 20

15

10

5

-

Jun-12 Jun-13 Jun-14 Jun-15

Oct-11 Oct-12 Oct-13 Oct-14 Oct-15

Apr-12 Apr-13 Apr-14 Apr-15

Feb-12 Feb-13 Feb-14 Feb-15

Dec-13 Dec-11 Dec-12 Dec-14

Aug-11 Aug-12 Aug-13 Aug-14 Aug-15 Months

Cash at Bank Investments Average

The September 2015 investment report showed a negative cash on hand balance, which was reflected in the graph. This position arose due to timing differences between receiving and receipting cash – Council was not in overdraft at any time during the month. The graph has been updated to reflect this.

2 GTCC Investment and Borrowing Policy, p. 7.

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INVESTMENT STRATEGY

Council’s invested funds are predominately made up from monies provided or collected for a restricted purpose (for example, domestic waste charge income, developer contributions, and federal and state grant funding) and unrestricted funds that can be spent on any Council activity. Council invests all these funds and uses the interest earned to maximise the expenditure against Council activities.

Council investments are being maintained in a series of term deposits with short maturities (typically 90 days). The deposit market remains fairly flat – we have taken advantage of longer terms to maturity (up to 180 days), where potential returns justify the investment. The CBA At Call account is not currently in use – the At Call rate is less than the interest rate applied to our operating accounts.

Responsible Accounting Officer's Certificate:

I hereby certify that the investments have been made in accordance with section 625 of the Local Government Act, the Regulations there under and the Council's Investment Policy as amended and noted above.

C Currie, Responsible Accounting Officer

CONSULTATION

There has been no consultation.

COMMUNITY IMPACTS

Nil.

TIMEFRAME

This report is required to be provided monthly to Council.

BUDGET IMPLICATIONS

There are no budget implications from this report.

STATUTORY OR LEGISLATIVE REQUIREMENTS

This report complies with the Local Government Act (Section 625), Local Government (General) Regulation 2005 (Clause 212) and Council's Investment Policy 2.03.02

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ATTACHMENTS

Investment Portfolio Schedule

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6 MONTHLY FINANCIAL INFORMATION REPORT- OCTOBER 2015 (S872)

Report Author: Carol Currie Senior Leader Finance Authorised: Daniel Aldridge Acting Executive Leader Corporate Support

SUMMARY

The purpose of this report is to provide timely information of financial data at the end of each month for income and expenditure cash flow transactions (excluding accrual adjustments) and provide advance notice of potential budget variations.

This report is submitted to Council in addition to the statutory reporting requirements.

RECOMMENDATION

That the Monthly Financial Information Report for October 2015 attached to this report, be received and noted.

BACKGROUND

The report attachment incorporates a summary of Operational Expenditure & Income, Capital Expenditure & Income, Waste Management Expenditure & Income and a Consolidated Report, but excludes the Loan Repayments and Depreciation.

The report table highlights any potential budget variations that staff have become aware of during the past month that may affect the 2015/2016 budget. The mechanism for reporting the actual variation is the Quarterly Budget Review Statement (QBRS) in compliance with Clause 203 of the Local Government (General) Regulation 2005 and the Quarterly Budget Review Statement (QBRS) reporting requirements. These reports are submitted to Council in October, January and April of each year, with the final report scheduled for August to allow for completion of end of year processes.

DISCUSSION

Consolidated Monthly Financial Information Report: August

 Budget management is undertaken on a regular basis and in accordance with the adopted Quarterly Operational Plan Key Performance Indicator (which includes both managing and reporting budget variations with a plus/minus 10%).

 Rates are levied in July each year with the income subject to adjustments throughout the year. The timing of the receipt of the instalments is spread over

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the financial year with instalments due in August, November, February and May. The timing of the instalments impacts on cash flows.

 Comparisons of year to date actual income and expenditure against full year budgets need to take into account the timing of the transactions. For example, rates income and some fees and charges income (such as OSSM and Waste Management administration charges) are levied or charged at the beginning of the year or are subject to seasonal fluctuations. Annual rates will be subject to minor variations during the year to account for adjustments to pensioner rebates, changes in rateable land values and status of rateable/non rateable land.

 Some line items such as investment income include a reversal of a prior year accrual with actual transactions yet to be realised in the current financial year. These are generally resolved by the end of the first quarter each financial year due to the nature of timing of these transactions.

Grant Funding: Operational and Capital Grants are subject to timing variations between the undertaking of works and receipt of funding. Many grants are paid in instalments or in full in arrears and are subject to acquittals of works being completed as per terms of the grant funding contract. Carryover works of unexpended grant budgets will be reported to Council at the end of each financial year for approval to be carried forward into next financial year

Carryover Budgets: This report includes carryovers from 2014/2015 financial year which were subject to Council resolution for revotes into the 2015/2016 financial year at the August meeting. Carryovers are funded from reserves representing restricted funds carried forward from previous financial years.

Reconciliation of the Monthly Financial Information Report to the adopted budget:

Original Budget (as adopted by Council and excluding depreciation)

Operational Balance Net Result* $ Sheet $ Result $ Adopted Budget 3,847,763 (3,816,461) 31,302 Surplus Q1 Budget Result 85,596 - 85,596 Surplus Total 3,933,359 (3,816,461) 116,898 Surplus

*Total Operational Result is balanced to Statement of Income and Expenditure Attachment – Consolidated – Full Year Revised Budget – Net Operating Surplus (Deficit).

Depreciation: Council’s adopted Long Term Financial Plan includes an estimate of $21.9 million for depreciation. While Depreciation is “non-cash” expenditure, it does

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represent the “wear and tear” or “consumption” of Council’s assets and does impact on the Net Operating Surplus (Deficit) reported at year end.

Potential budget variations: No potential budget variations were identified for the month of October.

Capital Works Program Progress Report: Progress reports on capital works programs are submitted as a separate monthly report to Council to provide the status of each project included in the capital works program.

CONSULTATION

The report is prepared in consultation with budget managers.

COMMUNITY IMPACTS

Nil

TIMEFRAME

This information report covers the period 1 July 2015 to 31 October 2015.

BUDGET IMPLICATIONS

Nil.

STATUTORY OR LEGISLATIVE REQUIREMENTS

Nil, this information is provided in addition to legislative financial reporting requirements.

ATTACHMENTS

Monthly Financial Information report

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7 FINANCIAL STATEMENTS AND REPORTS – YEAR ENDED 30 JUNE 2015 (S825)

Report Author: Carol Currie Senior Leader Finance Authorised: Daniel Aldridge Acting Executive Leader Corporate Support

SUMMARY

Council’s General Purpose Financial Statements and Reports for the year ended 30 June 2015 have now been audited by council’s appointed external auditors, UHY Haines Norton. UHY Haines Norton concluded that our finance records and resulting end of year Financial Statements give a true and fair view in accordance with the financial reporting framework used for the preparation and presentation of the Financial Statements and in doing so, have given an unqualified audit.

An Unqualified Opinion in relation to the audit indicates that

 The Financial Statements have been prepared in accordance with relevant accounting standards;

 The Financial Statements comply with relevant statutory requirements and regulations;

 There is adequate disclosure of all material matters relevant to the proper presentation of the financial information;

 Any changes in the accounting principles or in the method of application and effect of those changes have been properly determined and disclosed in the Financial Statements.

As required, a copy of our financial statements for 2014/2015 has been lodged with the Office of Local Government. Council is now required to receive the financial statements for the year ending 30 June 2015.

RECOMMENDATION

That, the financial reports of the Council of the City of Greater Taree in respect of the year ended 30 June 2015, be received.

BACKGROUND

The Annual Financial Statements are provided with this report for the information of Councillors and the community.

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Tabling the Financial Statements at the November Ordinary Meeting of Council is also a statutory requirement under Section 418 of the Local Government Act 1993 to facilitate public scrutiny. The legislation provides that should a member of the public wish to make a submission, they may do so in writing within 7 days of this meeting.

Submissions received must be referred to UHY Haines Norton and Council may take other appropriate action such as referring the submission to the Director-General of the Office of Local Government

DISCUSSION

A summary of Council’s financial results for 2014/15 and financial position at the end of the year follows: $’000s Income Statement

Total Revenues from continuing operations 73,405 Total Expenditure from continuing operations 63,773 Net Operating Result for the year – (surplus) 9,632 Less: Capital Grants & Contributions (16,834) Net Operating Result before Capital Grants & Contributions – (deficit) (7,202) Balance Sheet Total Current Assets 43,401 Total Current Liabilities (15,107) Net Current Assets 28,294 Total Non-Current Assets 851,492 Total Non-Current Liabilities (27,091) Net Non-Current Assets 824,401 Total Net Assets 852,695 Statement of Changes in Equity

Balance at Beginning of reporting period 839,907 Net Operating Result for Year 9,632 Correction of Prior Period Depreciation 8,373 Revaluation – IPP&E Asset Revaluation Reserve (5,217) Balance at end of reporting period 852,695 Cash Flow Statement

Net Cash provided by operating activities 26,206 Net Cash used in investing activities (22,558) Net Cash provided by financing activities (3,944) Net increase in Cash held (including increase in shorter term investments) (296) Cash at beginning of reporting period 4,436 Cash at end of reporting period (excluding investments over 90 days) 4,140

Income Statement

The Income Statement for the year ended 30 June 2015 before bringing capital grants and contributions to account was a deficit of $7,202,000. After bringing

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capital grants and contributions to account, the result was an increase in the value of net assets during the year of $9,632,000.

The accounts have been prepared on an accrual basis. Operating results do not, therefore, reflect cash movements. For example, depreciation and amortisation amounting to $22,159,000 included in operating expenses, represent non-cash charges, i.e. there was no cash outflow on account of this item.

An amount of $18,065,000 is included in operating expenses for employee costs. In addition, $1,302,000 in employee costs were capitalised (see note 4a). Total employee costs were therefore $19,367,000.

Similarly, material and contract costs and depreciation amortisation charges in addition to those included in the Income Statement were capitalised (see note 9a for asset information and additions).

Balance Sheet

With regard to the Balance Sheet as at 30 June 2015, the value of assets on hand was $894,893,000 comprised of current assets valued at $43,401,000 and non- current assets valued at $851,492,000.

Current assets included cash and investments held for current use amount to $34,140,000, of which $30,000,000 is categorised as investments (with terms of investment being 90 days or more), and $2,500,000 included in the reported cash and equivalent balance of $4,140,000 (with terms of investment being below 90 days).

The principal balance of borrowings outstanding as at 30 June 2015 amounted to $22,284,000 of which $3,817,000 is due for repayment during 2015/16, i.e. within the twelve months following balance date. The principal balance represents a decrease of $3,944,000 above the balance of $26,228,000 twelve months earlier.

Note 13 includes a number of performance measurement indicators (based on historic trends) which are indicators of the financial “health” of the Council.

The Statement of Changes in Equity for the year ended 30 June 2015 indicates equity to have increased by $12,788,000 due to:

 the net operating result for the year – increase $9,632,000

 net increase of $3,156,000 as a result of the revaluation process for assets and correction to prior years in relation to reassessment of useful lives for roads.

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Cash Flow

The Cash Flow Statement for the year ended 30 June 2015 Cash and Cash Equivalents balance was $4,140,000 (which includes $2,500,000 of term deposits with a maturity term of less than 90 days), plus investments of $30,000,000. Note 6(c) indicates external restrictions to have been imposed on the use of $27,463,000 and a further $8,547,000 to have been internally restricted as to use against the total Cash & Cash Equivalents & Investments of $34,140,000.

Budget Variations

Council adopted the 2014/15 budget on 18 June 2014. It is this original budget (as adopted) that is reported in the Annual Financial Statements. Budget variations have been reported to Council on a quarterly basis since that time but are not included in the Annual Financial Statements.

Material variations against the adopted operational budget (in dollar and percentage terms) are outlined Note 16 to the attached accounts.

Cash at Bank

Note 6 provides details for total cash and investments and movements between restricted and unrestricted cash. Council’s adopted Operational Plan is based on accrual accounting with a projected deficit of $632,218 for 2014/15 (including operational and capital expenditure and revenues). Apart from budget adjustments occurring during the financial year, there are also various timing adjustments as at the 30 June (mainly a delay in receipt of federal grants for 2014/15) which can affect the reported balance of cash with unrestricted cash decreasing by $6,667,000 as at 30th June 2015.

CONSULTATION

2014/15 Financial Statements were audited by Council’s appointed external auditors, UHY Haines Norton.

COMMUNITY IMPACTS

Nil

TIMEFRAME

This report is submitted annually to Council following the completion of the audit of the Annual Financial Statements and in compliance with Section 418 (2) of the Local Government Act (as amended).

Page 38 of 61 Ordinary Meeting of Council – 18 November 2015

BUDGET IMPLICATIONS

There are no budget implications.

STATUTORY OR LEGISLATIVE REQUIREMENTS

Presentation of the Annual Financial Statements in compliance with Section 417 (5), 418(1), (2) & (4) and 419(1) of the NSW Local Government Act 1993. Copies of the report have been forwarded to the Director-General of the Division of Local Government in accordance with the requirements of section 417(5) of the Local Government Act 1993.

The format of the Annual Financial Statements is compliant with legislative requirements and accounting standards.

ATTACHMENTS

Financial Statements 2014-2015

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8 LOCAL TRAFFIC COMMITTEE – 8 OCTOBER 2015 (S638/03)

Report Author: Richard Wheatley Traffic Engineer Authorised: Phil Miles Senior Leader Asset Planning

SUMMARY

The purpose of this report is to provide Council with the recommendations of the October Local Traffic Committee meeting for consideration.

RECOMMENDATION

That all the recommendations of the Traffic Committee, as listed within this report, be accepted.

BACKGROUND

The Local Traffic Committee meeting was held on Thursday 8 October 2015. The reports for the meeting can be found in full as attachments to this Council report. The report name and issue addressed, the recommendation of the Local Traffic Committee and any budgetary implications associated with the recommendation are provided below.

DISCUSSION

Recommendations of the Local Traffic Committee for items discussed:

ITEM 1 EDINBURGH DRIVE, TAREE – BUS ZONE (RD1955/02)

RECOMMENDATION

That a 13m Bus Zone 8.00am to 6.00pm Monday to Friday and 8.00am to 12.30pm Saturday be installed on the eastern side of Edinburgh Drive, Taree at the bus shelter outside Taree Gardens Village.

BUDGET IMPLICATIONS

The installation of the signs and pavement markings would be funded out of Projects Dev/Traffic – Traffic Committee Items cost centre at a cost of approximately $400.

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ITEM 2 WINGHAM ROAD, TAREE – KERBSIDE BLISTER ISLAND (RD4725/02)

RECOMMENDATION

That a 2m by 10m concrete island be installed in the kerbside lane on Wingham Road, Taree outside Taree West Public School on the southern approach to the marked pedestrian crossing.

BUDGET IMPLICATIONS

The provision of this concrete island would cost approximately $12,000. Council with RMS are currently exploring options to fund the construction of this island.

ITEM 3 THE BUCKETTS WAY, KRAMBACH – BUS ZONE (RD1425/02)

RECOMMENDATION

That the bus bay at the front of Krambach Public School be made one way in a westerly direction and a Bus Zone be installed with the times of 8.00am to 9.00am and 2.30pm to 3.30pm School Days.

BUDGET IMPLICATIONS

The installation of the signs will be funded out of Projects Dev/Traffic – Traffic Committee Items cost centre at a cost of approximately $800.

ITEM 4 RIVER STREET, TAREE - ROAD CLOSURE (S1104/01/21)

RECOMMENDATION

That approval is granted for this Class 3 Event for River Street, Taree between Martin Bridge and Pulteney Street to be closed for the fireworks display at the Taree Carols in the Park on Sunday 13 December 2015 from 5.00pm to 9.30pm subject to the following conditions:

. The applicant’s Traffic Control Plan (TCP) has been accepted as the TCP as it has been signed by a current RMS accredited person. The requirements include:

. that a current RMS accredited “Apply TCPs” (Yellow Ticket or Grey Ticket) person will install the TCP.

. that only current RMS accredited “Traffic Controllers” (Blue Ticket) persons will operate Stop/Slow bats if required, this will include marshals working on the road.

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. The applicant is responsible for organising and funding all aspects of this event including the requirements in the Traffic Management Plan and Traffic Control Plan.

. The applicant must notify local Police of this event at least one week prior to the event.

. The applicant must have current public liability cover at the time of the event to the value of $20 million.

. Any use of private land shall have the owner’s approval.

. The organiser shall distribute a news release to local media at least one week in advance and repeated 2 days prior to the event, announcing the event and advising affected residents. The organiser shall provide Police with a copy of the media release and date of issue. The news release shall include dates, times and roads that will be affected.

. The applicant shall be responsible for informing all emergency services at least a week before the proposed events.

. The applicant shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the proposed event.

. A clear passageway of 4 metres wide shall be maintained for emergency access.

BUDGET IMPLICATIONS

Nil.

ITEM 5 CROWDY STREET, CROWDY HEAD – TRIATHLON (S350/03)

RECOMMENDATION

That approval be granted for this Class 3 Event as set out in Forster Triathlon Club’s submission to conduct the bike leg of the triathlon on Crowdy Street, Crowdy Head on Sunday 24 January 2016 at 7.00am and finished by 8.30am, subject to the following conditions:

. The applicant’s Traffic Control Plan (TCP) has been accepted as the TCP as it has been signed by a current RMS accredited person. The requirements include:

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. that a current RMS accredited “Apply TCPs” (Yellow Ticket or Grey Ticket) person will install the TCP.

. that only current RMS accredited “Traffic Controllers” (Blue Ticket) persons will operate Stop/Slow bats if required, this will include marshals working on the road.

. The applicant is responsible for organising and funding all aspects of this event including the requirements in the Traffic Management Plan and Traffic Control Plan.

. The applicant must notify local Police of this event and receive Police approval as set out in the NSW’s “Guidelines for Bicycle Races” at least one week prior to the event.

. The applicant must have current public liability cover at the time of the event to the value of $20 million.

. Any use of private land shall have the owner’s approval.

. Crowdy Head residents to be letterbox dropped prior to the December’s school holidays informing of the road closure, especially the no vehicular access between 7.00am to 8.00am.

. The organiser shall distribute a news release to local media at least one week in advance and repeated 2 days prior to the event, announcing the event and advising affected residents. The organiser shall provide Police with a copy of the media release and date of issue. The news release shall include dates, times and roads that will be affected.

. The applicant shall be responsible for informing all emergency services at least a week before the proposed events.

. The applicant shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the proposed event.

. A clear passageway of 4 metres wide shall be maintained for emergency access.

BUDGET IMPLICATIONS

Nil.

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ITEM 6 BENT STREET, WINGHAM – ROAD CLOSURE (S1104/01/23)

RECOMMENDATION

That approval is granted for the road closure for this Class 3 Event as set out in the Wingham Chamber of Commerce submission to conduct the annual Christmas Carnival in Wingham on Thursday 10 December 2015 with the temporary road closure of Bent Street between Isabella Street and Farquhar Street from 4.00pm to 9.30pm subject to the following conditions:

. The applicant’s Traffic Control Plan (TCP) has been accepted as the TCP as it has been signed by a current RMS accredited person. The requirements include:

. that a current RMS accredited “Apply TCPs” (Yellow Ticket or Grey Ticket) person will install the TCP.

. that only current RMS accredited “Traffic Controllers” (Blue Ticket) persons will operate Stop/Slow bats if required, this will include marshals working on the road.

. The applicant is responsible for organising and funding all aspects of this event including the requirements in the Traffic Management Plan and Traffic Control Plan.

. The applicant must notify local Police and other emergency services of this event.

. The applicant must have public liability cover to the value of $20 million.

. Any use of private land shall have the owner’s approval.

. The organiser should distribute a news release to local media at least one week in advance and repeated 2 days prior to the event, announcing the event and advising affected residents. The organiser shall provide Police with a copy of the release and date of issue. The news release should include dates, times and roads that will be affected.

. The applicant shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the proposed event.

. A clear passageway of 4 metres wide should be maintained for emergency access.

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BUDGET IMPLICATIONS

Nil.

CONSULTATION

Attendees at the LTC meeting were voting members Jamie Smoother (RMS) and non voting members Rhett Pattison (Team Leader Development & Traffic, Chair of Meeting), Chris Dimarco (Road Safety Officer) and Richard Wheatley (Traffic Engineer).

Apologies were received from Councillor Trent Jennison, Kathryn Bell (representing Steve Bromhead MP) and Sergeant Michael Martin (Police). All absent voting members stated that they had no objections to the recommendations in the agenda. Consultation was undertaken in the development of the recommendations in the agenda with Police, RMS and Council staff.

COMMUNITY IMPACTS

Community impact (negative and positive) is considered by the Traffic Committee in its deliberations for each item. A whole of community impact is taken into account when formulating the recommendations within the regulations, standards and guidelines that administer the roads, traffic management and road safety.

TIMEFRAME

The endorsed recommendations involving signs will be undertaken within twelve weeks.

BUDGET IMPLICATIONS

The budgetary implication of each recommendation is listed in the summary of that report.

STATUTORY OR LEGISLATIVE REQUIREMENTS

The statutory and legislative requirements are delegated by the RMS to Council through the Local Traffic Committee and its recommendations.

ATTACHMENTS

Local Traffic Committee Reports and Recommendations in full

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9 REVIEW OF POLICIES (S503/02)

Report Author: Carol Currie Senior Leader Finance Authorised: Daniel Aldridge Acting Executive Leader Corporate Service

SUMMARY

A review of all policies contained in Council’s policy register is required at least each Council Term. This report presents a draft Borrowings and draft Investment Policy to place on public exhibition.

RECOMMENDATION

That the draft Investment Policy and Borrowings Policy as attached to this report be placed on public exhibition for a minimum period of 28 days.

BACKGROUND

Council’s Investment and Borrowings Policy is regularly reviewed by the Finance and Investment Advisory Committee. This Committee is comprised of Councillors Keegan, Tickle, the Mayor, the General Manager, the Executive Leader Corporate Support and Senior Leader Finance.

DISCUSSION

At its meeting in November, the Finance and Investment Advisory Committee recommended that policy guidance for Investments and Borrowings be separated into two policies. This report now presents those two draft policies that reflect the current adopted policy position with some expansion.

The draft Borrowings Policy now includes:

 borrowing strategy principles

 overdraft terms

 detailed reference to relevant legislation including the Ministerial Borrowing Order

 definition of the role of Finance and Investment Advisory Committee in relation to borrowings and

 expanded definitions and relevant performance measurement indicators.

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The draft Investment Policy is now realigned to the standard policy template and:

 includes the Ministerial Investment Order

 defines the authorisation of transferring investment funds and

 contains revised definitions

CONSULTATION

 Finance and Investment Committee

 Senior Leadership Team

COMMUNITY IMPACTS

Good governance over investment and borrowings delivers public value.

TIMEFRAME

Public exhibition time frame of a minimum 29 days.

BUDGET IMPLICATIONS

Nil

STATUTORY OR LEGISLATIVE REQUIREMENTS

Local Government Act 1993

ATTACHMENTS

(i) Draft Borrowings Policy

(ii) Draft Investment Policy

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10 ANNUAL REPORT 2014/2015 (S592/01)

Report Author: Jane Ree Senior Leader Governance Authorised: Daniel Aldridge Acting Executive Leader Corporate Support

SUMMARY

The annual report is one of the key points of accountability between a Council and its community. The purpose of this report is to provide Council with a copy of Greater Taree City Council’s Annual Report for 2014/15 ahead of it being published on the GTCC website and being submitted to the Office of Local Government in accordance with legislation.

The Annual Report provides a summary of Council’s activities during 2014/15 and also contains Council’s audited financial statements, which are submitted as a separate item within the November Council Meeting Agenda.

RECOMMENDATION

That the Annual Report for the year 2014/15 be received and noted.

BACKGROUND

It is a requirement of s428 of the Local Government Act 1993 for Council to post its Annual Report on its website and lodge it with the Minister for Local Government by 30 November each year.

DISCUSSION

The attached annual report contains two components:

1. The statutory requirements as governed by legislation

2. A summary of activity undertaken during the year that reflects the diversity of the activity of the Council that improves community outcome and amenity.

The Annual report is supported by detailed reporting that is provided to Council and published on our website during the year to ensure the community are kept informed of activity and achievements.

Reported to Council in January and July 2015 and subsequently published on our website, the six monthly Delivery Program reports detailed achievement against the Delivery Program. In October, January, April and July the quarterly reports provided to Council and published on our website detail progress towards the annual operational plan.

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Our annual report is published to our website and contains six distinct components.

1. What we did – a snap shot of activity across the organisation for the year

2. Operational Plan (4 x quarterly reports for the year)

3. Delivery plan (2 x six monthly reports)

4. Capital works summary

5. Financial statements

6. Statutory report that includes information that is prescribed by the Local Government (General) Regulation 2005. The information outlined in the Regulation (Clause 217) is provided to assist community members to better understand how the Council has been performing both as a business entity and as a community organisation and includes the following:

 Details of mayoral and councillor fees, expenses and facilities

 Contracts awarded by council

 Costs regarding legal proceedings

 Private works and financial assistance

 Details of external bodies, companies and partnerships

 Details of the General Manager’s total remuneration

 Details of the total expenditure on Senior Staff remuneration

 Information on stormwater levies and charges

 Information on companion animals management

 A statement of the activities undertaken by the council to implement its equal employment opportunity management plan.

Additionally, the report provides information that is also required to be submitted under the Government Information (Public Access) Act 2009 and the Public Interest Disclosures Act 1994

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A copy of the Annual Report will be submitted to the Office of Local Government, the NSW Ombudsman and NSW Office of Information Commissioner as required by legislation. The snapshot summary will be used throughout the year to assist in explaining the diversity of Council’s business. Copies will also be forwarded to our local State and Federal members.

CONSULTATION

There has been consultation with staff in all departments, members of committees and other volunteers during the preparation of this report.

COMMUNITY IMPACTS

The Annual Report is a key point of accountability and information between a council and its community.

TIMEFRAME

The Annual Report must be submitted to the Office of Local Government by no later than 30 November of each year.

BUDGET IMPLICATIONS

Nil

STATUTORY OR LEGISLATIVE REQUIREMENTS

 Local Government Act

 Local Government (General) Regulation

ATTACHMENTS

(i) Annual report snap shot

(ii) Annual report - statutory

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THIS PAGE IS LEFT BLANK INTENTIONALLY

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11 COMPANION ANIMALS IDENTIFICATION PROCESS (S212)

Report Author: Desiree Bennett Team Leader Customer Service Authorised: Ron Posselt General Manager

SUMMARY

The purpose of this report is to recommend a consistent approach to the entry of companion animals’ permanent identification information across MidROC councils and to request the Office of Local Government fast track the upgrade of the companion animals register software.

RECOMMENDATION

(i) That Authorised Identifiers (vets & breeders) be encouraged to enter cat and dog identification information (microchips) directly onto the Companion Animals Register at the first point of customer contact.

(ii) That Council introduce a proposed data entry fee of $10.00 into its fees and charges for each Permanent Identification (P1A) form received from an Authorised Identifier. Prior to doing so, consultation on this proposal will be undertaken with Authorised Identifiers and the draft fee be placed on public exhibition for 21 days.

(iii) That Council support an approach by MidROC to request the urgent upgrade to the NSW Companion Animals register software.

BACKGROUND

All companion animals must be permanently identified with a unique microchip (Guideline on the Exercise of Functions under the Companion Animals Act, 4.1.1), and the permanent identification (microchip) information for the pet must be entered into the NSW Companion Animals register.

‘Authorised Identifiers’ insert microchips into cats and dogs and are generally vets and breeders (Guideline 2001/ID3 – Guideline for Authorised Identifiers, 1.3).

The MIDROC Customer Service meeting on 24 August 2015 revealed that all Councils in MIDROC enter permanent identification information into the Companion Animal Register on behalf of Authorised Identifiers in their area. Data for Hastings, Greater Taree and Council for Q3 & Q4 of 2014/15 appears below.

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Council Jan Feb Mar Apr May Jun Total Greater Taree 216 258 248 281 262 249 1514 Port Macquarie Hastings 240 196 162 248 161 260 1267 Kempsey Shire 40 116 99 149 82 77 563

In August 2011, the NSW Government established a Companion Animals Taskforce to analyse areas of concern in relation to the welfare regulation of companion animals in NSW. On 3 February 2014 the NSW Government released their response to the Companion Animals Taskforce, supporting the following recommendation:

“A fundamental redesign of the system under which cats and dogs in NSW are managed to ensure that more owners take responsibility for their pets. This will also consider a streamlined and easier on-line registration process for owners.” (Ministerial Circular 14-01). This included:

 Expanding registration agents and providing a fee for service (14.1, 14.2);

 Updating the Companion Animals Register and enabling Register self-service for owners (14.3); and

 A comprehensive review and redesign of the Register and registration system. This will require further policy development and funding.” (Recommendation 20).

This Register has not been updated or redesigned since 2006 and no longer meets the business needs of its users and pet owners.

DISCUSSION

It is important to note that animal ‘identification’ and ‘registration’ are two separate steps. We are considering animal ‘identification’ here.

The function of Authorised Identifiers under the Act, Regulation and the Guidelines is:

‘To permanently identify animals and to enter the identification information associated with those animals onto the Register’.

(Guideline 2001/ID3 – Guideline for Authorised Identifiers, 3.1.2)

Authorised Identifiers have access to the NSW Companion Animals Register to enter ‘identification information’ electronically. Once an animal is identified, the Authorised Identifier must follow one of these procedures:

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Option A

Enter the ‘identification information’ directly onto the NSW Companion Animals Register (the Register) within seven days of identification, or

Option B

Forward the ‘identification information’ in the proper hard-copy format (Permanent Identification Form P1A) to any local council within three days of identification.

(Guideline 2001/ID3 – Guideline for Authorised Identifiers, 4.1.1)

Option A is the strongly preferred recommended practice (Guideline 2001/ID3 – Guideline for Authorised Identifiers, 4.2.5).

The Register is set up to allow for information to be entered directly without the need for the Permanent Identification Form P1A to be completed. The Register can be accessed via at www.petregistry.nsw.gov.au. When this is completed, a Certificate of Identification for the animal can be printed for the pet owner.

Where information is not directly entered into the Register, the current practice is for both the pet owner and the Permanent Identifier to fill in the ‘Companion Animals Register Permanent Identification Form (‘the Form’) with the required information. The vet or breeder then forward one of the copies to Council. Authorised Identifiers rarely comply with the 7 day requirement and regularly store forms for weeks before sending them to Council.

On receipt of the forms Council officers:

 Receive and date stamp the form.

 Enter the data into the system

 Print out the Certificate of Identification (Note: The current Companion Animals Register does not allow the certificate to generate as a word or pdf document so we can email this to the customer.

 Mail the document to the customer.

 File the form.

Forms are required to be stored for the previous 2 years and the current year.

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Should there be missing or incorrect information on the forms received, Council staff are then required to seek information from the permanent identifier or the pet’s owner to enable this process to be completed.

On average processing of these forms by Council staff costs around $10.00 per form and requires significant resources across councils with no current income. Given there is a more efficient and effective alternative in the form of direct entry to the system it is recommended that Council cease processing these forms free of charge.

An upgrade to the companion animals’ register software could significantly improve the usability and reporting capabilities of the system for all users.

CONSULTATION

No consultation with Authorised Identifiers has occurred at this stage, however should the recommendations be adopted Council staff will provide guidance, training and support for vets and breeders as required.

COMMUNITY IMPACTS

There is a potential positive impact for the community. Pet owners will receive a one- stop shop process with their local vet or with a breeder. Authorised Identifiers will be able to enter their customer’s pet’s details directly into the register, eliminating the need for forms and the processing of paperwork and mailing. The record will be timely and accurate.

TIMEFRAME

This initiative should be implemented as soon as possible.

BUDGET IMPLICATIONS

Budget savings would be achieved in stationery, postage and staff time. Councils do not receive any income from the Office of Local Government or from customers for this service.

STATUTORY OR LEGISLATIVE REQUIREMENTS

As referenced above. The Companion Animals Act 1998 and the Companion Animals Regulation 2008 provide for the identification and registration of dogs and cats, how they are managed and the duties and responsibilities of their owners in NSW.

ATTACHMENTS

Nil

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12 TENDER – BRIDGE INSPECTIONS AND LOAD CAPACITY ASSESSMENTS - CONTRACT 2015/03 (CW0051/07)

Report Author: Phil Miles Senior Leader Asset Planning Authorised: Ron Posselt General Manager

SUMMARY

The purpose of this report is to recommend awarding the tender for the Bridge Inspection and Load Capacity Assessment Project funded by the state government’s ‘Fixing Country Roads’ program.

RECOMMENDATION

(i) That Council award contract 2015/03 Bridge Inspections and Load Capacity Assessments to Royal Haskoning DHV with the price of $234,100.18 (ex GST) which includes provisional costs of $56,511.27 (ex GST) subject to the execution of all contract documentation.

(ii) That the tenderers be thanked for their involvement in this open tender.

BACKGROUND

Council has received state government grant funding through Infrastructure ‘Fixing Country Roads’ to undertake level three engineering inspection and assessment of 48 bridges located on priority freight routes within the GTCC LGA.

The work includes carrying out level three engineering inspections and assessment of 48 priority freight route bridges (21 timber and 27 concrete/concrete composite) to determine the current load capacity for a variety of load combinations, detail the remaining life of the bridge at that capacity, and identify any repair or remediation work required to restore the desired load capacity if it is below the minimum (non load-limited) standard.

DISCUSSION

The project was placed on open tender in accordance with Council’s Tendering Policy and the Local Government Act and Regulations.

The Tender was called on 11 August 2015 and was closed at 10am on 17 September 2015.

Council received seventeen submissions from the following companies in alphabetical order:

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 ACOR Consultants (NNSW) Pty Ltd

 BG & E Pty Ltd

 Bridge Check Australia Pty Ltd

 Cardno (NSW/ACT) Pty Ltd

 Royal HaskoningDHV

 HDSA Group

 Instrada Pty Ltd

 Integrity Testing Pty Ltd

 Local Government Engineering Services

 Nuttal Engineering Consultants Pty Ltd

 Opus International Consultants (NSW) Pty Ltd

 Pitts & Sherry Operations Pty Ltd

 SMEC Australia Pty Ltd

 Sterling Group Consultants Pty Ltd

 Tasman Associates Pty Ltd

 Timber Restoration Systems Pty Ltd

 University of Western Sydney

Prior to closing, a Probity and Evaluation Plan was prepared, which guided the evaluation panel through the evaluation process. The plan details the method of weighting assessment for the tenders and general information in relation to probity. The evaluation plan was set to assess the quality of proponents against the pricing submitted, so as to arrive at the best possible value for money outcome. Value for money is an important requirement for tendering in Local Government and is based on the fact that price alone should not be the reason for selecting any proposal.

The formal tender evaluation commenced on 28 September 2015 and was completed on the 23 October 2015.

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Tendered prices varied from well over the grant amount to well under. This is not necessarily reflective of differing physical works and outputs but rather the variation in pricing structures adopted by the tenderers. Bridge assessment capabilities are specialised but the market is currently competitive. The tenders received were assessed against the evaluation criteria and tendering requirements as detailed in the tender documents.

Of the tenders received, 9 tenders were considered non-conforming as they either did not submit key tender returnable schedules or placed unacceptable conditions on Council.

The Tender was split into two packages; Package A – Timber Bridges and Package B – Concrete Bridges. This served two purposes; firstly to facilitate the assessment of the methodology between the two distinct types of bridges; and secondly to allow a number of known “Timber Only” specialists the opportunity to be considered, as these specialists may have been able to offer additional value due to their specialisation.

Two tenderers opted to submit Package A – Timber Bridges only. A non-price comparison of Package A (from all conforming Tenders) demonstrated that Package A only tenders were not specifically competitive and when price was considered, the combined Package A & B offers were generally equal to or more competitive as they could offer a ‘bulk discount’.

Value for money would be further reduced when considering the additional project management and contract administration costs required to coordinate the delivery of Package A separate to Package B.

Evaluation of the quality components of the tender compared with the tender prices submitted determined that the proposal offered by Royal HaskoningDHV provided the best value for money.

Additional technical and financial details are included in the attached Confidential Tender Evaluation Report.

CONSULTATION

The following have been consulted in the process of evaluating this tender:-

 Asset Planning

 Executive

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COMMUNITY IMPACTS

All works on roads will have an impact on road users, however most bridge inspections require only limited (single lane) or short duration road closures under local traffic control. Most of the inspection effort will be around and under the bridge and the most likely impact will be reduced speeds.

Once a detailed program has been approved, appropriate community and road user notification will be provided for those bridges where traffic disruption is likely to have a more significant impact.

A general notification will be issued indicating the likelihood of increased activity in and around nominated bridges with local traffic warnings placed at each site during the conduct of the inspection.

TIMEFRAME

Royal HaskoningDHV propose a 20 week project. Commencement is currently planned immediately after the award of the contract, however consideration will need to be given to the Christmas / New Year period.

BUDGET IMPLICATIONS

The value of the lump sum contract is $234,100.18 (Ex GST) and it is anticipated that expenditure will occur during Q3 and Q4 of FY15/16.

Council has received a grant from Infrastructure New South Wales through the Fixing Country Roads grant program for this project. Council intends to seek approval from the state government to extend the scope of works within the available budget to assess additional priority bridges within the LGA.

STATUTORY OR LEGISLATIVE REQUIREMENTS

Council’s Tendering Policy, Local Government Act and Regulations have been complied with in respect to the actions and considerations undertaken in the preparation of the recommendations contained within this report.

ATTACHMENTS

(i) Confidential Tender Evaluation Report

(ii) Confidential Tender Evaluation Worksheets

The above mentioned attachments are considered confidential as they relate to information that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act, Section 10A (2)(d)(i))

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Last page of the Ordinary Meeting of Council Business Paper – 18 November 2015

……………………………………….... MAYOR …..……………………………...GENERAL MANAGER

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