Notice of Ordinary Meeting to be held on 19 November 2014 at 5pm Council Chambers - 2 Pulteney Street, Taree
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: Laura Black Senior Leaders: Melissa Garton, Margie Kirkness, Phil Miles, Richard Pamplin & Jane Ree Administrative: Michelle Jobson
Ron Posselt Acting 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 website www.gtcc.nsw.gov.au – Council – 2014 agendas, reports and minutes
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 Activities (if required)
5 Apologies
6 Confirmation of the following Minutes: Ordinary Meeting held on 15 October 2014 Extraordinary Meeting held on 3 November 2014
7 Disclosures of Interest
8 Notice of Motion and/or Mayoral Minute (if any)
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.
Service Delivery (S) - Blue Page No
These reports relate to the operational functions within the Service Delivery Group (Asset Planning, Regulatory Services, Community Wellbeing, Cultural Services, Infrastructure Services)
S1 Taree and District Eisteddfod Society 1 - 6
S2 Petition to name bridge at Dyers Crossing ‘Erica Gordon Bridge’ 7 - 10
S3 Local Traffic Committee – 9 October 2014 11 - 18
S4 Monthly Capital Works Program Progress Report – October 2014 19 - 20
S5 Proposed land swap Council Land, Butterworth Place, Taree 21 - 26
Page 2 of 4 Corporate Support (C) - Yellow These reports relate to the operational functions within the Corporate Support Group (Governance, Property and Procurement, Finance, Technology, Strategic Planning, Organisational Development) C1 General Manager Recruitment 27 - 28 C2 Brimbin Biodiversity Certification Application and Offset Lands Voluntary Planning Agreement 29 - 32 C3 Draft Open Space Improvement Plan 33 - 40 C4 Activation of Queen Elizabeth Park in conjunction with Vibrant Spaces Trial 41 - 44 C5 Investment Report - October 2014 45 - 48 C6 Monthly Financial Information Report- October 2014 49 - 52 C7 Potential Budget Variations Identified as at October 2014 53 - 54 C8 Financial Statements and Reports – Year Ended 30 June 2014 55 - 60
C9 Review of Policies 61 - 70
C10 Annual Report 2013/2014 71 - 74
Acting General Manager (GM) – Sand
These reports are regarding information from the Acting General Manager that does not relate to Governance issues.
GM1 LGNSW - Annual Local Government Conference 75 - 78
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
19 NOVEMBER 2014
BUSINESS PAPER
SERVICE DELIVERY REPORTS
S1 TAREE AND DISTRICT EISTEDDFOD SOCIETY (S154/03)
Report Author: Margie Kirkness Senior Leader Cultural Service Authorised: Ron Posselt Acting General Manager
SUMMARY
The purpose of this report is to review the business case presented by the Taree and District Eisteddfod Society requesting that Council make a recurrent financial contribution to the annual Eisteddfod event. It reviews the following key issues:
The Eisteddfod’s current costs
Potential efficiencies/savings to protect the event’s viability
The appropriate mechanism for supporting this significant local event
RECOMMENDATION
(i) That Taree and District Eisteddfod Society business case is noted and the importance of the Eisteddfod to the community acknowledged.
(ii) That the Eisteddfod Society’s request for a fee reduction is declined.
(iii) That support for the Taree and District Eisteddfod is considered under the sponsorship and donations program, noting that this program is under review.
BACKGROUND
The Taree and District Eisteddfod is a significant regional event that provides school aged children with the opportunity to compete in the performing arts. The annual Eisteddfod is in its 47th year and has been conducted at the Manning Entertainment Centre since the centre’s construction in 1988. The Eisteddfod is coordinated by a volunteer committee and comprises six sections: Dance, Vocal, Piano, Speech and Drama, Choirs and Instrumental.
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In March 2014 a request was made by the Taree and District Eisteddfod Society for a 50% fee reduction on the Eisteddfod’s venue hire costs at the Manning Entertainment Centre. Following this request, the President of the Taree and District Eisteddfod Society, Mr Tim Stack was invited to present to the May Councillor Workshop. Mr Stack provided an overview of the past 47 years of the Eisteddfod. Mr Stack also made a request of Council for a recurrent financial contribution of $11,000.
At the May 2014 meeting of Council resolved:
That the Taree Eisteddfod Committee be requested to submit a business case that identifies the social and economic value of the event to support the request for a recurrent financial contribution of $11,000.
That Taree Eisteddfod Committee be requested, as part of the development of their business case, to meet with staff from relevant business units of Council
That Greater Taree City Council allocates $5,000 as a budget variation from general revenue in the financial year 2013/14 to the Taree Eisteddfod Society.
A business case from the Taree and District Eisteddfod Society was received by Council in late August 2014 requesting that Council “wind back” the annual Entertainment Centre costs to the Eisteddfod by $11,000.
DISCUSSION
Analysis of business case
The business case put by the Taree and District Eisteddfod Society makes a strong case for the social and economic benefit that the Eisteddfod brings to the area. It is clear that the event enjoys broad community support for the opportunities that it provides to local young people.
It is noted that the local Eisteddfod is one of the biggest in country Australia. The Manning Entertainment Centre values its long association with the Taree and District Eisteddfod Society and recognises the Eisteddfod as an important part of its community engagement.
The Taree and District Eisteddfod Society has reported the contributions made by nine other councils around Australia. These include cash contributions of $5k-$16k, and in-kind support such as 50% fee reduction or waiving of venue hire.
The Eisteddfod Society’s business case evidences a $6.1k deficit for the operation of the 2013 event out of a total budget of $148.3k. Their report concludes that if costs “continue to spiral” they may need to find another venue for the event.
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The following table summarises the venue costs invoiced to the Eisteddfod over the past four years:
2011 2012 2013 2014 Venue hire $18,000 $17,500 $18,500 $19,000 Labour $19,633 $26,785 $28,700 $27,840 Grand concert $3,773 $2,825 $3,150 $3,000 Other* $700 $1,000 $1,250 $1,250 Total $42,106 $48,110 $51,600 $51,090
No. of entries 3666 3690 3432 3237
* Other includes piano tuning and bulk ticket printing.
It is noted that venue hire and related costs have not risen significantly other than for the jump in labour costs from 2011 to 2012 when it was deemed that the previous level of theatre supervision was insufficient to meet duty of care and exposed Council to unacceptable risk.
Community Hire Rates
The base hire fees for the Entertainment Centre have not risen from 2013-2014. The hourly rates for staff time have risen slightly in 2014-15 based on cost recovery.
The fees applied to the Eisteddfod hire are effectively already discounted in the adopted Fees and Charges as follows:
A weekly rate is applied to the Eisteddfod sessions other than the grand concert performances.
The weekly rate is a discount that has been created to accommodate block hire by the Taree & District Eisteddfod and the Taree Arts Council.
The weekly rate is based on the discounted community performance rate (as opposed to the professional hire rate).
The grand concert is charged at the community performance rate. In 2014 this was $1000 for the two performances instead of the commercial rate of $2000.
Potential savings and efficiencies
The following suggestions have been made to the Taree and District Eisteddfod Society as potential cost saving measures:
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Reduce duplication of technical staff by utilising rostered venue staff to manage audio during the dance section The Eisteddfod chooses to contract additional staff to perform this function. Estimated saving $5-6k.
Reduce labour costs by revising session schedules to limit downtime in the theatre. Currently sessions are scheduled far in advance due to program printing deadlines. Estimated saving $2k.
Based on the information provided in the business case, the following opportunities for cost savings have also been identified:
Reduce printing and stationery costs (currently $14.6k – 10% of budget) by exploring different approaches to the printed Eisteddfod program. This may include providing programs by section or an online solution.
Examine the high proportion of expenditure listed as “all other costs” (currently $29.6k – 20% of budget).
With a reported deficit of $6k, it is reasonable to assume that these efficiencies would lead to a break-even or surplus budget.
Conclusions
The Manning Entertainment Centre operates under an agreed business model with an established schedule of fees and charges as adopted by Council and applied equitably to all hirers.
A fee reduction or waiver will establish an adverse precedent and is not considered the appropriate approach. While the Eisteddfod is clearly a major event with many benefits to our region, the business case has not demonstrated exceptional circumstances to warrant it being treated differently to other major local events.
However, Council may wish to acknowledge the significance of the Eisteddfod, in which case the sponsorship and donations program would be the appropriate mechanism for support. This program is currently under review and will be brought back to Council in March 2015 in accordance with the Operational Plan.
The Taree and District Eisteddfod Society has requested support of $11k. The income and expenditure as shown in the Taree and District Eisteddfod Society business case shows a shortfall of $6k. Given that opportunities for potential savings have been identified, it would be beneficial to continue discussions with the Eisteddfod Society with regard to efficiencies that could support the Eisteddfod’s continued viability.
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CONSULTATION
Senior Leader Governance
Manning Entertainment Centre staff
COMMUNITY IMPACTS
The Eisteddfod Society business case suggests that the future of the Eisteddfod at the Manning Entertainment Centre is in jeopardy. However, there are opportunities to improve viability and maintain the event in its current location.
TIMEFRAME
The next Eisteddfod will be held in April-June 2015.
BUDGET IMPLICATIONS
Council’s support for the Eisteddfod could be contained within the framework of the sponsorship and donations program.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Nil.
ATTACHMENTS
Taree and District Eisteddfod Society Business Case
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Page 6 of 78 Ordinary Meeting of Council – 19 November 2014
S2 PETITION TO NAME BRIDGE AT DYERS CROSSING ‘ERICA GORDON BRIDGE’ (S2)
Report Author: Maureen Spiteri Asset Planning Administration Assistant Authorised: Phil Miles Senior Leader Asset Planning
SUMMARY
The purpose of this report is for Council to consider a public petition in respect to the naming of the new Wallanbah Road bridge over the Khoribakh Creek at Dyers Crossing.
RECOMMENDATION
That Council endorse the name ‘Erica Gordon Bridge’ for the new Wallanbah Road bridge over the Khoribakh Creek at Dyers Crossing.
BACKGROUND
Greater Taree City Council has received a petition with 202 signatures from Dyers Crossing resident Dr Lindsay Gething requesting that Council consider the naming of the new bridge to be constructed on Wallanbah Road over the Khoribakh Creek at Dyers Crossing (refer Map attached).
DISCUSSION
The petition proposes to name the new bridge in honour of Erica Gordon, a long term resident of Dyers Crossing and a tireless campaigner for the replacement of the existing timber bridge.
The proposed name for the new bridge is the ‘Erica Gordon Bridge’.
In addition to the petition (attached), Council is also in receipt of a letter of support from Dr David Gillespie MP, Federal Member for Lyne (attached), Mr Stephen Bromhead LLM MP, State Member for Myall Lakes (attached) and a letter of support from the Nabiac Futures Group (attached), who also indicate that the opportunity to participate in the naming of a local bridge provides the community with a feeling of belonging and identity.
CONSULTATION
There has been no broader community consultation undertaken by Council Officers at this point in time – refer Community Impacts below.
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The petition and supporting letters received reflect the local community sentiment towards this issue and this proposal has previously been verbally suggested by various local community members when dealing with Council Officers.
Council has not received any objections or alternative proposals to date.
Consultation with the Geographical Names Board confirms that as this name does not relate to a ‘location’ for address or emergency services purposes, the normal ‘naming conventions’ do not apply and that the proposed name is acceptable.
Council may elect to undertake further consultation, either by sub area (eg Dyers Crossing, Nabiac, etc) or across the entire LGA. Sub area consultation would be achieved by individual mail out to all property owners within the defined area in addition to notifications placed in key local community locations such as the Dyers Crossing Produce Store. LGA wide notification would be undertaken in the normal manner, including the Council website, local print media and placement in libraries and other Council premises. Both activities would incur a small cost.
TIMEFRAME
The timeframe for the naming of the new bridge is upon its completion, which is anticipated mid 2015.
COMMUNITY IMPACTS
The replacement of the bridge at Dyers Crossing has long been a key issue for the Dyers Crossing community. While the naming of this bridge will have no impact in terms of addressing or emergency services purposes, it will provide the local community an opportunity to be directly involved in the project and recognise a local resident who has tirelessly championed this outcome.
Wallanbah Road at this location, while providing a critical link in a local context, is not a regionally significant road and as such the naming of this bridge will have limited impact on the broader LGA community.
In light of this localised community impact, broader public consultation has not been recommended.
BUDGET IMPLICATIONS
The cost for procuring and erecting the required signage is estimated at $500.
Additional consultation if required would cost between $500 to $2,000 depending on the target audience and consultation techniques employed.
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STATUTORY OR LEGISLATIVE REQUIREMENTS
Should the name ‘Erica Gordon Bridge’ be endorsed by Council, the name will be submitted to the Geographical Names Board and emergency service authorities for recording of spatial information.
ATTACHMENTS
(i) Map of Bridge Location
(ii) Dr Lindsay Gething petition with 202 signatures, including:
Dr David Gillespie MP, Federal Member for Lyne Letter of Support
Mr Stephen Bromhead LLM MP, Member for Myall Lakes Letter of Support
Nabiac Futures Group Letter of Support
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Page 10 of 78 Ordinary Meeting of Council – 19 November 2014
S3 LOCAL TRAFFIC COMMITTEE – 9 OCTOBER 2014 (S638)
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, are accepted.
BACKGROUND
The Local Traffic Committee meeting was held on Thursday 9 October 2014. The reports for the meeting can be found in full as an attachment to this Council report. Provided below is the report name and issue addressed, the recommendation of the Traffic Committee and any budgetary implications associated with the recommendation.
DISCUSSION
General discussion relating to new matters raised in this report.
ITEM 1: HIGH STREET, HARRINGTON – BUS ZONE (RD2420/02)
RECOMMENDATION
That 10m of “No Stopping” zone then 14m of “Bus Zone 8.00am-9.30am, 2.30pm-4.00pm School Days” be approved on the north side of High Street, Harrington east from Coode Street outside Harrington Public School.
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 $500.
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ITEM 2: ALBERT STREET, TAREE – NO RIGHT TURN (RD1033/02)
RECOMMENDATION
That this item be deferred to the next LTC meeting and prior to the next meeting the Committee have an onsite inspection to review the proposal of banning the right turn out of Connell Place Car Park at Albert Street, Taree.
BUDGET IMPLICATIONS
Nil.
ITEM 3: BUNGAY ROAD, WINGHAM – DOUBLE UNBROKEN SEPARATION LINES (RD1445/02)
RECOMMENDATION
That the double unbroken centre separation lines on Bungay Road at the eastern approach not be removed as they are prohibiting overtaking manoeuvres on the approach to the intersection.
BUDGET IMPLICATIONS
Nil.
ITEM 4: VARIOUS ROADS - MANNING VALLEY CYCLE CLUB 2014-15 SUMMER RACE PROGRAM (S154/03)
RECOMMENDATION
That approval is granted for these Class 3 Events in Manning Valley Cycle Club’s submission for cycle events on Hargreaves Drive and Arkwright Crescent, Kolodong Industrial Estate from 8 October 2014 to 18 March 2015 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 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.
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: BENT STREET, WINGHAM – ROAD CLOSURE (S154/01/11)
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 11 December 2014 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:
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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.
BUDGET IMPLICATIONS
Nil
Page 14 of 78 Ordinary Meeting of Council – 19 November 2014
ITEM 6: RIVER STREET, TAREE - ROAD CLOSURE (S154/01/23)
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 14 December 2014 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.
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.
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A clear passageway of 4 metres wide shall be maintained for emergency access.
BUDGET IMPLICATIONS
Nil
ITEM 7: INFORMATION ITEMS (S638)
ITEM 7.1: MANNING STREET, TAREE – BUS ZONE
Richard Wheatley informed the meeting that the centre management of Taree Centre and Manning Mall had requested that the bus services that use the Bus Stop outside Taree Centre be moved to the other side of the road (Manning Mall side). They have requested this change to reduce the number of people mingling outside Tare Centre as they are planning to have alfresco dining along the footpath. Their suggestion is to have the Bus Zone change to a drop off and pick up location for general traffic.
Council is currently in discussions with Eggins Comfort Coaches on the effect of this change to bus services in Taree CBD and the long term direction of bus services within Taree CBD. The proposal of changing the Bus Zone in Manning Street will be reviewed following the discussions with management at Eggins.
ITEM 7.2: VICTORIA STREET, TAREE – PARKING LANE DINING
Councillor Trent Jennison raised the proposal of The Sicilian Restaurant to have a car parking space on Victoria Street, Taree converted to dining area with a raised platform that would have tables and chairs. Council has been investigating this request, including discussion at a Councillors Workshop meeting, to determine the feasibility and consequences of transferring a single car space to dining area for a restaurant.
Cr Jennison stated that this proposal should first be reviewed by the LTC to determine the safety of a dining area within the parking lane.
ITEM 7.3: VICTORIA STREET, TAREE – ROAD CLOSURE
Richard Wheatley informed the meeting that Tidy Up Taree is proposing an event to include night markets and celebration of Vibrant Spaces on Saturday 29 November 2014. This event would have Victoria Road closed between Pulteney Street and Manning Street from 2.00pm to 10.00pm. Council, at the time of this meeting, had not received confirmation of the road closure or any details relating to the road closure.
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The Committee agreed that should the road closure request be received then the applicant would need to meet all the usual requirements for a road closure especially Traffic Control Plans to manage the road closure, RMS certified persons to implement the road closure and agreement to the roads closure from businesses affected by the road closure.
CONSULTATION
Attendees at the LTC meeting were voting members Councillor Trent Jennison (in the Chair), Sergeant Mick Martin (NSW Police), and non voting members, Chris Dimarco (Road Safety Officer) and Richard Wheatley (Traffic Engineer). Consultation was undertaken in the development of the recommendations 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 will be undertaken within four 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
Traffic Committee Reports and Recommendations in full
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S4 MONTHLY CAPITAL WORKS PROGRAM PROGRESS REPORT – OCTOBER 2014 (S1054)
Report Author: Janiya Surasinghe Capital Works Engineer Authorised: Phil Miles 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 2014 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.
COMMUNITY IMPACTS
Community Impacts are considered and managed as part of each Capital Works Program project, with the following issues of note:
Page 19 of 78 Ordinary Meeting of Council – 19 November 2014
Resident and road user concerns relating to the ongoing road works at Wallanbah Road were minimal and well managed.
TIMEFRAME
Details are reported within the attachments, with the following issues of note:
The tender for Manning Point Road Stage 1 – Old Bar Road to Bohnock Bridge was cancelled and will be re-tendered once the proposed amendments to the Federal legislation on safety accreditation has been finalised.
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 physical infrastructure works projects only – they do not include non-physical work related projects funded under the broader capital work budget umbrella. As such, the total financial figures contained within this report may not correlate with the ‘Monthly Financial Information Report’ as it presents an overview of the entire council budget.
Details are reported within the attachments, with the following issues of note:
MR90 Stage 2 recognises a further budget adjustment of $200K as a result of approved variations and consultancy fees relating to the project over FY13/14 and FY14/15. As this project is part of a $7.5M (total) State Government Special Grant, an equivalent reduction from MR 90 Stage 4 will be administered through the RMS.
The apportioning of federal grant funds for projects from CDG308 Greater Taree Roads and Bridges funding (federal grant component of $10M) and CIG Stage 2 Bucketts Way (federal grant component of $8M) will be updated once the funding agreements for both grants have been finalised and signed.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Nil.
ATTACHMENTS
(i) Capital Works Program Monthly Progress Report – October 2014
(ii) Capital Works Program Monthly Program – October 2014
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S5 PROPOSED LAND SWAP COUNCIL LAND, BUTTERWORTH PLACE, TAREE (CP0001/03)
Report Author: Rob Langdon Surveyor Authorised: Phil Miles Senior Leader - Asset Planning
SUMMARY
The purpose of this report is to obtain Council approval for the exchange of public land containig a disused toilet block and privately owned commercial facilities for private land containing additional existing carparking space within Butterworth Carpark.
RECOMMENDATION
To proceed with the boundary adjustment (land swap) within Butterworth Carpark to transfer the ownership of 233.6m2 of public land (part Lot 25 DP524692) containing a disused toilet block and adjacent commercial facilities from Council to Anove Pty Ltd, and to transfer the ownership of 397m2 of private land (part Lot 5 DP211558) containing existing car parking from Anove Pty Ltd to Council.
BACKGROUND
All of the land considered in this report is Zoned B3 Commercial Core and as such, the unimproved value of the land proposed for exchange is, in real terms, of equal value per square metre.
Council first considered the disposal of the disused toilet block in 2002. At the time a boundary adjustment of a much lesser scale than that currently proposed was considered. The 2002 proposal was for the disposal of the toilet block only. Attachment (i) contains the minutes of the Resources & Policy (Closed) Committee meeting of 10 December 2002.
Council further considered the future of the disused toilet block in 2004. Attachment (ii) contains the minutes of the Corporate & Community (Closed) Committee meeting of 17 November 2004. As can be concluded from the 2004 report, the potential for re- utilising the disused toilet block for another public purpose was not a viable option and the resolution to negotiate a sale of this portion of land has ultimately been unsuccessful as a stand alone sale, however in progressing negotiations, a land swap option has been realised.
DISCUSSION
In 2010 it was discovered that liabilities existed for Council in relation to ‘high-risk’ facilities and activities being located and taking place on Council land. These ‘high-
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risk’ activities were associated with private and commercial businesses occupying adjacent private land. Similar ‘high-risk’ commercial activities continue on Council land today, including the existence of large capacity gas cylinders and other private facilities, which may be seen in the photos contained in Attachment (iii).
Existing property boundaries
Anove Pty Ltd own Lot 5 DP211558 and Lot 24 DP524692, both of which have frontage to Albert St, Taree and back onto Butterworth Carpark. A large commercial building containing a number of private business leases is located on Lots 5 and 24. Twelve car parking spaces are also located on Lot 5, however these car parks are indiscernible from the surrounding Council car parking spaces within Butterworth Place. Two Council covered walkways erected in 1998 also encroach approximately 1.6 metres onto Lot 5. The area of Anove Pty Ltd land occupied by car parking and covered walkways is 397m2.
Immediately adjacent to the Anove Pty Ltd land, Council owns Lot 25 DP524692 which contains a disused Council toilet block (currently in disrepair) and various facilities relating to the Anove Pty Ltd commercial building. The disused Council toilet block is structurally part of the Anove Pty Ltd commercial building but is wholly located on Council owned land. Lot 25 also contains the loading bay for the Anove Pty Ltd commercial building and twenty Council car parking spaces, of which two are for disabled car parking.
The existing property boundaries of Lots 5, 24 and 25 are shown in Attachment (iv).
Proposed property boundaries
The area of that part of Council Lot 25 which is occupied by the disused toilet block (excluding the awning which covers the walkway from the rear of the Anove building) is 46.2m2. The area of that part of Council Lot 25 which is occupied by other Anove Pty Ltd facilities (including the awning) is 187.4m2. The total area is 233.6m2.
The area of Anove Pty Ltd Lot 5 which is occupied by car parking and covered walkways is 397m2.
The boundary adjustment proposed would place into effect a land swap of 233.6m2 of Council land (part Lot 25) for 397m2 of Anove Pty Ltd land (part Lot 5). The proposal allows Anove Pty Ltd to obtain ownership of a roofed brick building ‘shell’ (disused toilet block) and commercial service facilities relating to the adjacent commercial building, while allowing Council to formalise its ownership and public access to the car parking area.
The proposed property boundaries of Lots 5, 24 and 25 are shown in Attachment (v).
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Development consent has been obtained to proceed with the boundary adjustment should Council resolve that way. The draft survey plan and 88B instrument for boundary adjustment is shown in Attachment (vi).
CONSULTATION
The following consultation has been undertaken in regard to this matter:
External
o Anove Pty Ltd (owner of Lot 5 DP 211558 and Lot 24 DP 524692)
o Mid Coast Water
o Essential Energy
Internal
o Property & Procurement
o Asset Planning
o Regulatory Services
COMMUNITY IMPACTS
As this proposal seeks to align land ownership with current public / private usage, the proposal creates no adverse impact to the community.
The benefits to the community include:
Significant savings achieved by removing the need for ongoing maintenance of a building (disused toilet block) in disrepair which provides no public benefit.
Formalise the public access to twelve additional car parking spaces within Butterworth Carpark.
Covered public walkways within Butterworth Carpark, which currently encroach onto private land, come under Council’s ownership.
The proposal will create no additional maintenance burden on Council as the car parks and covered awning currently located on Anove Pty Ltd land is already maintained by Council.
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Disposal of land which contains private commercial facilities which, rather than being a public asset, present a potential liability to Council. The potential liabilities relate to that part of Lot 25 upon which Anove Pty Ltd assets are located, including gas cylinders, electricity switch board, grease trap pit and bulk-bin bay.
The land proposed for transfer to Anove Pty Ltd is providing no public service to the community.
As a consequence of the proposed boundary adjustment, the creation of easements over stormwater, sewer and electricity assets secures access to those services for twenty two Council properties (being Butterworth Carpark).
TIMEFRAME
There are no imposed time constraints in relation to a resolution on this matter, however both parties seek an expedient resolution of this issue.
BUDGET IMPLICATIONS
The non-legal related costs to complete the boundary adjustment are approximately $10,600, of which Anove Pty Ltd has given a commitment to share on a 50:50 basis with Council (approximately $5,300 each). Each party will pay their own legal fees, with Council’s legal fees estimated to be approximately $1000.
The $6,300 required by Council will be allocated from Council’s Property Reserve Fund.
Should Council resolve to proceed with the boundary adjustment, contracts are proposed to be exchanged for the transfer of the lands for the amount of $1.
STATUTORY OR LEGISLATIVE REQUIREMENTS
The proposed boundary adjustment has obtained development approval from Council’s Regulatory Services under the Environmental Planning & Assessment Act 1979.
ATTACHMENTS
(i) Copy of Resources & Policy Closed Committee - December 2002
(ii) Copy of Corporate & Community Closed Committee - November 2004
(iii) Photos of Council infrastructure located on Anove Pty Ltd land, and Anove Pty Ltd infrastructure located on Council land
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(iv) Plan of existing Lot layout showing infrastructure ownership
(v) Plan of proposed Lot layout
(vi) Draft survey plan and 88B instrument for proposed boundary adjustment
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CORPORATE SUPPORT REPORTS
C1 GENERAL MANAGER RECRUITMENT (S685/01)
Report Author: Melissa Garton Senior Leader Organisational Development Authorised: Laura Black Executive Leader Corporate Support
SUMMARY
The purpose of this report is to recommend the execution of the contract of employment for the position of General Manager.
RECOMMENDATION
(i) That, the preferred candidate be appointed General Manager of Greater Taree City Council under a four (4) year performance-based contract commencing 20 November 2014 on a total remuneration package of $248,005 per annum.
(ii) That authority be granted to affix the common seal of Greater Taree City Council to the General Manager’s contract of employment.
BACKGROUND
A merit based recruitment and selection process was undertaken to fill the position of General Manager, in accordance with the 20 August 2014 resolution of Council (MIN 223).
At the 3 November 2014 Extraordinary Meeting of Council, the following was resolved (MIN 273):
(i) That the position of General Manager be offered to the preferred candidate as per the Selection Panel recommendation. (ii) That the Mayor be authorised to negotiate a remuneration package and contract term as per the employment advertisement. (ii) That a report be brought forward to the November meeting of Council to execute the contract of employment.
DISCUSSION
The preferred candidate was offered the position of General Manager by the Mayor and the contract term and remuneration package were negotiated following the extraordinary meeting. The terms of employment were agreed both verbally and in writing and are detailed in the contract of employment for signature, the standard template for which is attached. The negotiated package is four years and includes
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allocations for salary, superannuation and motor vehicle. The General Manager’s employment contract requires the common seal of Greater Taree City Council be affixed, in accordance with clause 400 (4) of the Local Government (General) Regulation 2005.
CONSULTATION
Terms of employment for the General Manager’s position were negotiated between the preferred candidate and the Mayor per the employment advertisement.
COMMUNITY IMPACTS
The General Manager will fulfil the functions outlined in s335 of the Local Government Act 1993.
TIMEFRAME
The General Manager’s contract of employment is for the period 20 November 2014 to 20 November 2018.
BUDGET IMPLICATIONS
The General Manager’s remuneration package was negotiated within the advertised range, as per the resolution of Council.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Local Government Act 1993 (NSW)
Local Government (General) Regulation 2005 (NSW)
ATTACHMENTS
Standard Contract of Employment for General Managers of Local Councils in New South Wales
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C2 BRIMBIN BIODIVERSITY CERTIFICATION APPLICATION AND OFFSET LANDS VOLUNTARY PLANNING AGREEMENT (7/2005R-3)
Report Authors: Lisa Proctor Senior Strategic Planner Christopher Ross Assistant Strategic Planner
Authorised: Richard Pamplin Senior Leader Strategic Planning
SUMMARY
This item reports on the exhibition of the Biodiversity Certification (Biocertification) application for the Brimbin land release and the associated Offset Lands Voluntary Planning Agreement (VPA) and seeks adoption of both.
The Biocertification application seeks approval from the NSW Minister for the Environment to confer Biocertification over the Brimbin development area and accept the offset lands as a suitable conservation measure to offset the impacts of the rezoning.
The Offset Lands VPA commits the Landowner (Roche Group Pty Ltd) to the transfer of the biodiversity offset lands to the Minister for the Environment for incorporation into the NSW Parks and Reserves system. No lands have been identified for dedication or transfer to Council under the Offset Lands VPA. Council is required to be a party to the VPA due to its role in processing the Brimbin rezoning application, which it has previously resolved to support.
RECOMMENDATION
(i) That delegation be provided to the General Manager to sign the Biocertification application on behalf of Council.
(ii) That the Brimbin Biocertification application be forwarded to the NSW Minister for the Environment, Rob Stokes MP.
(iii) That the Offset Lands Voluntary Planning Agreement, as exhibited, be endorsed for signing by all parties.
(iv) That delegation be provided to the General Manager to sign the Offset Lands Voluntary Planning Agreement on behalf of Council.
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BACKGROUND
At its Ordinary Meeting on 18 June 2014, Council resolved to exhibit the Brimbin Biocertification application for a minimum period of 30 days. The application was exhibited from 30 September to 29 October 2014.
At its Ordinary Meeting on 17 September 2014, Council resolved to exhibit the VPA for the Brimbin Biodiversity Offset Lands for a minimum period of 28 days. The VPA was exhibited from 3 October to 30 October 2014.
DISCUSSION
The Biocertification of the Brimbin development area will secure the conservation of the environmentally sensitive lands as well as secure the developable areas of land within the new community for a positive community and environmental outcome.
The Offset Lands VPA commits the landowner (Roche Group Pty Ltd) to the dedication of the Biodiversity Offset Lands to the NSW Minister for the Environment, should Biocertification be conferred over the Brimbin development area.
There have been no changes made to the exhibited versions of either the Biocertification application or VPA, as no submissions were received on either of these documents.
There are no financial risks to Council in this VPA as it does not place any obligations on Council to accept contribution land. The Landowner’s commitment to release and indemnify Council and the Minister of all obligations is covered by clause 24 of the VPA (Attachment 1).
CONSULTATION
The draft VPA was placed on exhibition between 3 October and 30 October 2014. During that time, no submissions were received.
The Brimbin Biodiversity Certification application was placed on exhibition between 30 September and 29 October 2014. During that time, no submissions were received.
COMMUNITY IMPACTS
The Biocertification of the Brimbin development will ensure a positive environmental outcome by securing the conservation of environmentally sensitive lands within the Brimbin development site and ensure provision of housing and infrastructure at Brimbin for our expanding population.
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The Offset Lands VPA will have a positive impact on the community, as it seeks to formalise protection of high biodiversity value land within the existing State nature reserve system.
TIMEFRAME
The Planning Proposal for Brimbin was forwarded to the (then) Department of Planning and Infrastructure in early 2014, but is awaiting the outcome of the Biocertification process and Offset Lands VPA before the LEP can be made. The timeline below details the steps involved in both the Biocertification application and the offset lands VPA as the two are closely related and occurring concurrently.
Biocertification and Voluntary Planning Agreement (VPA)
Develop Report Report Offset Exhibit Report to Sign and register Biocertification Biocertification Lands VPA to Biocertification Council VPA Application and to Council Council and Offset lands and lodge draft VPA VPA (Nov 2014) Biocertification (Jun 2014) (Sept 2014) application (Sep 2013- Sep (Sep-Oct 2014) 2014) (late 2014)
BUDGET IMPLICATIONS
All required studies and fees associated with both the VPA and the Biocertification application have been, and will continue to be, incurred wholly by the applicant.
The Biodiversity Offset Lands identified for conservation by the VPA and Biocertification application will be transferred to the NSW National Parks and Wildlife Service and will therefore have no budgetary implications for GTCC.
STATUTORY OR LEGISLATIVE REQUIREMENTS
The Biocertification application was prepared in accordance with the provisions of Part 7AA of the NSW Threatened Species Conservation Act 1995.
The Offset Lands VPA was drafted in accordance with Section 93F-93L of the Environmental Planning and Assessment Act 1979 and was exhibited in accordance with Section 93G of the Environmental Planning and Assessment Act 1979.
The draft VPA was reviewed by Council’s lawyers, Locale Consulting, prior to exhibition. This review only found minor editorial inaccuracies (which were amended prior to reporting to Council for exhibition) and concluded that the draft VPA did not commit Council to anything other than processing the rezoning, which Council has already finalised.
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ATTACHMENTS
(i) Final Offset Lands Voluntary Planning Agreement for signing by the General Manager (as exhibited)
(ii) Biocertification application for signing by the General Manager (as exhibited)
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C3 DRAFT OPEN SPACE IMPROVEMENT PLAN (S1188/01)
Report Author: Tanya Cross Team Leader Environmental Services Authorised: Richard Pamplin Senior Leader Strategic Planning
SUMMARY
A draft Open Space Improvement Plan (OSIP) has been prepared to assist in the implementation of the recommendations of the Open Space Strategy (OSS), adopted by Council in 2011.
The OSS aims to embellish regularly frequented parks and reserves, through rationalisation of insignificant public open space in our ownership.
The OSIP presents the outcome of an assessment process, which identified 27 parcels of public open space across the local government area that are of limited value to the community as use is nil to low. It is proposed that they be sold as is, subdivided and sold, or dedicated to Housing NSW. These parcels of land are currently classified as community land under the Local Government Act 1993, and will need to be reclassified as operational land before they can be divested.
This report seeks the exhibition of the draft OSIP and the engagement of the community in accordance with the attached Community Engagement Strategy to progress the implementation plan.
RECOMMENDATION
(i) That the draft Open Space Improvement Plan be placed on public exhibition from 1 December 2014 to 28 February 2015 to seek community feedback.
(ii) That consultation be undertaken in accordance with the attached Community Engagement Strategy.
BACKGROUND
Council currently manages an extensive open space network with a total area of around 1,050 hectares.
In 2011, Council prepared an Open Space Strategy (OSS) to guide the planning, allocation, design, development and management of open space in the Local Government Area (LGA).
The OSS provides criteria for the assessment of open space and identifies where there is a surplus or shortfall in open space for passive and active recreation
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purposes within communities. The OSS also provides a number of strategies and objectives for meeting the community’s future open space needs. Most importantly the OSS allows for an implementation plan to be prepared which addresses the following factors:
Assessment of current open space using the criteria and standards identified in Appendix 1 of the OSS.
Assessment of the condition and type of open space facilities currently available.
Rationalisation of open space that is in excess of current and future requirements, or is underutilised.
Identification of open space in each of the communities that could be embellished to meet community need or expectation.
The OSS identifies a surplus of passive public open space the LGA, based on the NSW Planning Benchmark of 1.03ha/1000 people.
It is considered appropriate that if rationalisation of open space occurs within a community, the funds raised should be expended on embellishment of other open space that is more highly utilised.
In response to the adoption of the OSS, a number of initiatives were included in the 2013-17 Delivery Program including:
“Engage with the community to implement the Open Space Strategy including opportunities for rationalisation and embellishment.
Identify LEP amendments as required for reclassification of community land.
Undertake activities to reduce Council’s open space maintenance liability.”
As a result, the following action was included in the 2014-15 Operational Plan:
“Undertake community engagement regarding the identified rationalisation and embellishment plans in the Open Space Improvement Plan.”
DISCUSSION
Open Space Rationalisation
In developing the OSIP, a project team made up of staff from Strategic Planning, Community Wellbeing and Technology Departments undertook a review of all
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Council owned public open space to identify areas that are currently underutilised by the community based on the following factors:
undersized;
undeveloped;
difficult to access due to drainage or other land constraints;
isolated or disconnected from other open space areas; or
within an area with a surplus of similar open space opportunities.
As a result of this review, 27 parcels of public open space were identified for possible disposal. These 27 parcels of land represent a total area of approximately 9 hectares, which is only 2.5% of the 353 hectares of public open space owned by Council, and less than 1% of the total open space network managed by Council (1,050 hectares).
The majority of these areas are generally smaller lots, often referred to as ‘pocket parks’ that were dedicated as a development contribution for open space purposes, but in reality provide little to no recreational benefit for the broader community. The retention of these areas within our open space network has also created a maintenance burden and resulted in the expenditure of funds that could be better spent on embellishing and maintaining parks that provide a greater public benefit.
While some of the areas identified for disposal are saleable lots in their current form, others may be more suitable for subdivision.
The remaining areas have been identified for potential dedication to Housing NSW in light of the lack of affordable housing opportunities in Taree. Housing NSW has previously approached Council about the possibility of redeveloping underutilised public open space for public housing, including Ruprecht Park which has been identified as one of their priority areas. If this park is to be dedicated to Housing NSW, conditions can be imposed that ensure the best community outcome, such as maintaining an area for a community garden, or that the land could only be used by Housing NSW to provide housing rather than being on-sold.
While a marketing strategy is required, sale of the land identified for disposal could potentially raise around $4.5 million, which would be specifically set aside in a reserve fund to provide embellishments and increase maintenance levels within better utilised parks. The funding would also be used to fund the future maintenance requirements of new embellishments, and could extend to the eventual replacement costs for existing infrastructure. The OSIP includes a list of likely improvements for each community that has been drawn from a list of requested improvements from community and sporting groups received over recent years.
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Funds raised from the sale of this land could also be used as matching funding to attract additional funding for the proposed improvements through external grant programs such as the NSW Sport and Recreation’s Participation and Facility Program and the NSW Community Building Partnership Program.
Land Reclassification Process
All public open space areas proposed for disposal are owned by Council and classified as community land under the Local Government Act 1993. Community land is public land held by Council for community use and cannot be sold, unless reclassified as operational land.
While some of this land is zoned residential under the Greater Taree Local Environmental Plan (LEP) 2010, the majority of the areas are zoned for public recreation purposes.
As a result, this land would need to be reclassified as operational land and rezoned to residential to reflect the intended future use of the land.
This process requires Council to undertake an amendment to the LEP through the preparation of a Planning Proposal (as per the requirements of the Environmental Planning & Assessment Act 1979), and to consult with the broader community by conducting a public hearing chaired by an independent facilitator. The intention of the hearing is to allow members of the community to make submissions to an independent party about the proposed reclassifications. That independent party then produces a report on these submissions prior to making a final determination on progressing the Planning Proposal.
These processes would commence following adoption of the OSIP.
Old System Title Land - Cundletown
During the preparation of the OSIP, Cundletown was identified as having a surplus of passive open space. While many of the parks were assessed as having low recreational value, including Victoria Square, Albert Square and St Andrews Square, they were unable to be included in the open space rationalisation process as they are classified as ‘Old System Title Land’.
While these areas are currently being managed by us as parks, they are actually privately owned roads that were created prior to Federation and the first Local Government Act of 1919, and as a result were never formally dedicated to the public (Council or Crown) as park. As this land was never dedicated, Council does not own these ‘parks’, and so is unable to dispose of this land.
To address this issue, we have commenced the process to establish the rightful owners of this land and to resolve the future use and management of these areas.
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Active Open Space Recreation Needs
The OSIP also considers the future active open space requirements for Hallidays Point and Old Bar based on the NSW Planning Benchmark of 1.8ha/1000 people.
Hallidays Point, while well serviced in terms of open space for passive recreation purposes, is the only community that has a shortfall in active open space when measured against State benchmarks The OSIP recommends the acquisition of additional land at Tallwoods to meet the future demand for sporting fields.
While Old Bar currently has sufficient area to meet community demand for active recreation purposes, the sporting fields, particularly at the EG Trads Sports Complex, are of a poor quality due to poor soils and drainage. In light of this, and the ongoing funds required to maintain these grounds, the OSIP recommends investigating the opportunity of acquiring an alternative site to accommodate the required sporting fields to meet the future growth of Old Bar.
CONSULTATION
The draft Open Space Improvement Plan was prepared in consultation with the Senior Leader Strategic Planning, Senior Leader Community Wellbeing, Senior Leader Property and Procurement, Supervisor Parks and Reserves, the Executive Leader Corporate Support and the Executive Leader Service Delivery. The plan, proposed improvements and each site proposed for disposal was also discussed with the Councillors at a series of workshops.
The recommendation of this report seeks to broaden the consultation circle to include the community. This is separate and in addition to legislative requirements for public hearings and the details can be found in the attached Community Engagement Strategy.
COMMUNITY IMPACTS
It is considered that the sale or divestment of public open space areas that are underutilised will deliver wider community benefit through:
the redirection of resources to deliver greater maintenance levels for higher utilised parks;
the provision of capital improvements within higher utilised parks; and
the supply of affordable housing in established residential areas.
Initial consultation with the community will be undertaken during the public exhibition of the OSIP to gauge community support for the proposal and to identify any issues associated with particular sites. If Council resolves to adopt the OSIP, further
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consultation with the community will be required to be undertaken in the form of a public hearing in conjunction with the preparation of the Planning Proposal.
TIMEFRAME
It is likely that the proposed open space rationalisation process (including community consultation) will take up to 2 years as detailed in the timeline below:
BUDGET IMPLICATIONS
There are no budget implications in exhibiting the draft Open Space Improvement Plan.
It is proposed that the proceeds from the sale of land be placed in a reserve fund to contribute to the embellishment of nominated parks, and to fund the maintenance of these new assets and the eventual replacement of existing assets as they age and deteriorate.
Funds will also be required to facilitate the public hearings and to pay for costs associated with the subdivision and disposal of the public open space areas.
STATUTORY OR LEGISLATIVE REQUIREMENTS
The Local Government Act 1993 requires all land vested in a council, to be classified as either community or operational. Land classified as community is used by the general public. Operational land is generally used for a specific purpose that usually excludes the general public. Reclassification is required and the process is detailed in the body of the report.
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ATTACHMENTS
(i) Draft Open Space Improvement Plan
(ii) Open Space Improvement Plan - Community Engagement Strategy
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C4 ACTIVATION OF QUEEN ELIZABETH PARK IN CONJUNCTION WITH VIBRANT SPACES TRIAL (S253)
Report Author: Richard Pamplin Senior Leader Strategic Planning Authorised: Laura Black Executive Leader Corporate Support
SUMMARY
This report seeks the approval of Council to operate mobile food vendors in Queen Elizabeth Park.
Activation and connection of the foreshore of the Manning River to the CBD has been the subject of many discussions and studies over the years. An excellent opportunity to do so has presented in the form of a request from mobile food vendor Neil’s On Wheels to operate in Queen Elizabeth Park.
Currently the park is under utilised by the public and is not directly serviced by any café or restaurant. By allowing mobile food vendors to set up, the opportunity to activate the park will be improved and in turn this could lead to an increased patronage of the foreshore generally. Activation of such an area has community benefits in reducing anti-social behaviour.
It is proposed that this opportunity be seized immediately, and that assessment be undertaken in conjunction with assessment of the Vibrant Spaces trial area as staff are already out and about monitoring activity in the vicinity.
RECOMMENDATION
(i) That the use of Queen Elizabeth Park by mobile food vendors be supported and encouraged.
(ii) That assessment of use be undertaken in conjunction with the assessment of the Vibrant Spaces trial and reported to Council on completion.
BACKGROUND
Activation and connection of the foreshore of the Manning River to the CBD has been the subject of many discussions and studies over the years. To date the biggest impact seen along the foreshore has been the construction of a walkway/cycleway between Harry Bennett Park and the Rowing Club. This has been a catalyst to people actively using the foreshore and is something that can be built on to further increase use of this area.
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While we have received approaches in the past from food vendors wishing to operate in this area, the absence of a structured way to consider such applications has meant they have not been progressed.
An opportunity exists to allow food vendors to operate under similar ‘common sense’ agreement as that being employed in the Vibrant Space trial area.
DISCUSSION
Council has been approached by the mobile food vendor Neil’s On Wheels (see Figure 1 below) to operate on the Manning foreshore (see Figure 2 below).
It is proposed that over the summer period and while the Vibrant Spaces trial is underway, opportunity exists to activate the foreshore by allowing mobile food vendors to operate under an agreement based on common sense approvals such as those applied to the participants in the Vibrant Spaces trial.
The goal is activation of the foreshore and Figure 1: Neil's On Wheels mobile food van continuation of the opportunity to operate on the foreshore following the period of assessment will be based on achieving this. Therefore the agreement would include:
Common Sense approach: Consider the needs of the youngest children, people with limited abilities and our oldest citizens – can they access your food van safely, is the ground too wet to locate your van in park?
Cooperation: You know best how to attract customers, what time of day best suits the product you are selling. Work with others to attract people to the foreshore, encourage them to stay a little longer and linger.
Be responsible for foreshore: You will be the first stop for people with compliments and criticism. Take on board what people say, listen to concerns and make changes especially when safety and access is raised. Don’t damage the park, apply measures to ensure that rubbish from the products you sell is disposed of appropriately and leave the space that you occupy in the same condition in which you found it. You will
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also need to have a chat with your insurer and be sure that you have an approved level.
Cover your costs: It shouldn’t cost the public for operation of your business, any use of electricity or water for operation will need to be covered. Reimbursement will also be sought for any clean up required after your use.
Ideally, we would have coffee vendors in the mornings and a variety of food vendors throughout the day to cater for all. The sale of liquor will not be considered, temporary food stalls are not the focus of this activity and access will only be given to those who agree to Figure 2: Proposed section of Queen Elizabeth Park to be used the conditions of operation.
Increased activation of the foreshore will be critical to the success, as will condition of the park after use. Our staff are out and about during the Vibrant Spaces trial period assessing use of the Taree CBD and will undertake assessment of the foreshore in the same way. A report will be provided on completion of the assessment period that will consider continuation.
If Council endorses the recommendation of the report, it is intended that conversation be undertaken with Neil’s On Wheels with a view to approval on the basis of an agreement that covers the responsibilities identified in this report. Following which, media that generates the interest of other mobile food vendors would be undertaken. We are aware, for example of seven local approved mobile food vendors that supply a range of products including ice cream and confectionary, coffee and cakes and gourmet food and various others that come to the area for special events. The intention being, to get a range of products at different times on different days of the week, to increase community use of the foreshore.
CONSULTATION
Relevant staff have been involved in the preparation of this report.
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COMMUNITY IMPACTS
Community impact is anticipated to be positive. However assessment will occur over the summer months with a report submitted on completion.
TIMEFRAME
The proposed period of assessment will be in conjunction with the Vibrant Spaces trial, which concludes in February 2015.
BUDGET IMPLICATIONS
If deemed successful following the trial, consideration will be given to the application of fees for use.
STATUTORY OR LEGISLATIVE REQUIREMENTS
All vendors would need to meet public liability insurance requirements and have their facilities inspected and approved for use by Council’s Environmental Health Officer.
ATTACHMENTS
Nil
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C5 INVESTMENT REPORT - OCTOBER 2014 (S770)
Report Author: Gareth Davies Accountant Authorised: Laura Black Executive Leader Corporate Support
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 2014, showing a balance of $36,000,000 attached to the report be received and noted.
BACKGROUND
Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer of Council must provide Council with a written report setting out all money Council has invested under Section 625 of the Local Government Act, at the last day of the month immediately preceding the meeting.
DISCUSSION
Council’s cash position as at 31 October was as follows:
Balance ($'000s)
Cash on Hand and at Bank (ledger balance)1 1,082 Investment Portfolio (attachment) 32,300 Total Funds 33,382
Investment Movements during the month Opening Balance 36,000 New Investments 4,300 Withdrawn Investments (8,000) Net Movement Cash At Call 0 Closing Balance 32,300
The weighted average return on the investment portfolio at the end of September 2014 was 3.53%, which exceeds the performance benchmark2 (BBSW 90 day
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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average) of 2.74% by 0.79%. Term deposit rates continued to ease during the month. However, the return to Council was maintained by some longer term (~6 months) investments, placed when rates were higher.
The following graph shows the cash and investments for the period 1 Aug 2011 to 31 October 2014.
Cash and Invested Funds for the Period ended 31 October 2014 45
40
35
30
25
$ (millions) $ 20
15
10
5
-
Jun-12 Jun-13 Jun-14
Oct-11 Oct-12 Oct-13 Oct-14
Apr-12 Apr-13 Apr-14
Feb-13 Feb-12 Feb-14
Dec-11 Dec-12 Dec-13
Aug-11 Aug-12 Aug-13 Aug-14 Months
Cash at Bank Investments Average
2 GTCC Investment and Borrowing Policy, p. 7.
Page 46 of 78 Ordinary Meeting of Council – 19 November 2014
INVESTMENT STRATEGY
Council investments are being maintained in a series of smaller (up to $6,000,000) term deposits with short maturities (typically 90 days). The deposit market remains fairly flat – we are considering 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 matches 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.
Gareth Davies, Responsible Accounting Officer
CONSULTATION
Nil.
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
ATTACHMENTS
Investment Portfolio Schedule
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Page 48 of 78 Ordinary Meeting of Council – 19 November 2014
C6 MONTHLY FINANCIAL INFORMATION REPORT- OCTOBER 2014 (S872)
Report Author: Gareth Davies Accountant Authorised: Laura Black Executive Leader Corporate Services
SUMMARY
The Monthly Financial Information Report is to provide Council with timely information regarding year-to-date financial data.
RECOMMENDATION
That the Monthly Financial Information Report for October 2014 attached to this report, be received and noted.
BACKGROUND
Monthly Financial Information Reports are an accurate report of income and expenditure cash flow transactions at the end of each month, but exclude accrual adjustments.
The report 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.
These reports are submitted to Council in addition to the statutory reporting requirements outlined below.
A quarterly budget review statement is required to be reported in compliance with Clause 203 of the Local Government (General) Regulation 2005 and the Quarterly Budget Review Statement (QBRS) reporting requirements, which commenced 1st July 2011.
These quarterly reports will be presented to Council in October, January and April each year with the final report scheduled for August to allow for year end processes and identification of carryover adjustments.
DISCUSSION
Consolidated Monthly Financial Information Report: October
Budget management is undertaken on regular basis and in compliance with the adopted Quarterly Operational Plan Key Performance Indicator (which includes both managing and reporting budget variations with a plus/minus 10%). Budget
Page 49 of 78 Ordinary Meeting of Council – 19 November 2014
variations identified during each quarter are reported the Quarterly Budget Review Statement.
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 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.
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 13/14 financial year that were subject to Council resolution to carry forward into the 14/15 financial year at the August meeting. Carryovers are funded from reserves representing restricted funds carried forward from previous financial years.
The Monthly Financial Information Report reconciliation to the adopted budget:
Original Budget (as adopted by Council and excluding depreciation)
Operational Balance Net Result Result* Sheet Adopted Budget 3,313,028 (3,945,246) (632,218) Deficit Q1 Budget Result 11,966 - 11,966 Surplus Total 3,324,994 (3,945,246) (620,252) Deficit
*Total Operational Result is balanced to Income and Expense Statement – Full Year Projected Budget – Attachment 1. – Consolidated – Adopted Budget – Net Operating Surplus (Deficit).
The Council revaluation of roads and bridges infrastructure identified a reduction in annual depreciation to $21.9 million. Council’s Long Term Financial Plan will be updated to reflect the outcome of the revaluation.
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While Depreciation is “non-cash” expenditure, it does represent the “wear and tear” or “consumption” of Council’s assets and does impact on the Net Operating Surplus (Deficit) reported at year end.
Capital Works Program Progress Report
This report will be included on a monthly basis from August to June each year to provide the status of each project included in the capital works program, refer report from Senior Leader of Asset Planning.
CONSULTATION
Nil
COMMUNITY IMPACTS
Nil
TIMEFRAME
This information report covers the period 1 July 2014 to 31 October 2014.
BUDGET IMPLICATIONS
This report is an information report only. Any budget items identified in the report will be included in the next Quarterly Budget Review Statement.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Nil.
ATTACHMENTS
Monthly Financial Information Report
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Page 52 of 78 Ordinary Meeting of Council – 19 November 2014
C7 POTENTIAL BUDGET VARIATIONS IDENTIFIED AS AT OCTOBER 2014 (S872)
Report Author: Cherie Maxwell Management Accountant Authorised: Laura Black Executive Leader Corporate Support
SUMMARY
The intention of this report is to give Councillors and the community advance notice of any projects and activities that are trending toward a budget variation. Where it is known, the estimated financial impact will be reported as will the Quarter at which the actual financial impact is to be reported.
RECOMMENDATION
(i) That the potential budget variations identified as at 30 October 2014, be noted.
(ii) That the actual budget variations be reported in the 2nd Quarterly Budget Review Statement.
BACKGROUND
This report highlights any potential budget variations that staff have become aware of during the past month that may affect the 2014/2015 budget. In compliance with Clause 203 of the Local Government (General) Regulation 2005 and the Quarterly Budget Review Statement (QBRS) reporting requirements, the mechanism for reporting the actual variation is the Quarterly Budget Review Statement (QBRS). This is 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.
In addition, each month we provide for information only, an update of project/activity, where there is an indication that a budget variation may be required throughout the year. We also identify which quarter the actual variation will be reported through the QBRS.
DISCUSSION
The information below is provided by individual budget managers regarding likely impacts on the end of year budget:
Department Project/ Activity Potential Variation Infrastructure Sealed & Urban Rds Natural Disaster Funding - $59k Services Maintenance received from RMS for March Storm Event to be expended on Sealed & Urban Rd Maintenance – No impact on General Revenue.
Page 53 of 78 Ordinary Meeting of Council – 19 November 2014
CONSULTATION
The report is prepared in consultation with budget managers.
COMMUNITY IMPACTS
Nil.
TIMEFRAME
The report provides information about potential budget variations, the actual variation will be reported in the 2nd Quarterly Budget Review Statement.
BUDGET IMPLICATIONS
The report includes potential budget variations that are identified during the month or known in advance of the actual expenditure.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Nil, this information is provided in addition to legislative financial reporting requirements.
ATTACHMENTS
Nil
Page 54 of 78 Ordinary Meeting of Council – 19 November 2014
C8 FINANCIAL STATEMENTS AND REPORTS – YEAR ENDED 30 JUNE 2014 (S825)
Report Author: Cherie Maxwell Management Accountant Authorised: Laura Black Executive Leader Corporate Support
SUMMARY
Council’s General Purpose Financial Statements and Reports for the year ended 30 June 2014 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 2013/2014 has been lodged with the Office of Local Government. Council is now required to receive the financial statements for the year ending 30 June 2014.
RECOMMENDATION
That, the financial reports of the Council of the City of Greater Taree in respect of the year ended 30 June 2014, be received.
BACKGROUND
The Annual Financial Statements are provided with this report for the information of Councillors and the community and to meet statutory requirements.
Tabling of the Financial Statements at the November Ordinary Meeting of Council is required under Section 418 Local Government Act 1993 to facilitate public scrutiny.
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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 UYS Haines Norton and Council may take other action deemed appropriate such as referring the submission to the Director- General of the Office of Local Government
DISCUSSION
A summary of Council’s financial results for 2013/14 and financial position at the end of the year follows:
$’000s Income Statement Total Revenues from continuing operations 68,417 Total Expenditure from continuing operations 65,473 Net Operating Result for the year – (surplus) 2,980 Less: Capital Grants & Contributions (15,799) Net Operating Result before Capital Grants & Contributions – (deficit) (12,819) Balance Sheet Total Current Assets 43,769 Total Current Liabilities (18,032) Net Current Assets 25,737 Total Non-Current Assets 843,972 Total Non-Current Liabilities (29,802) Net Non-Current Assets 814,170 Total Net Assets 839,907
Statement of Changes in Equity Balance at Beginning of reporting period 539,278 Net Operating Result for Year 2,980 Correction of Prior Period Depreciation 191,820 Revaluation – Infrastructure Assets 105,829 Balance at end of reporting period 839,907 Cash Flow Statement Net Cash provided by operating activities 25,963 Net Cash used in investing activities (37,979) Net Cash provided by financing activities (1,532) Net increase in Cash held (including increase in shorter term investments) (13,548) Cash at beginning of reporting period 17,984 Cash at end of reporting period (excluding investments over 90 days) 4,436
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Income Statement
The Income Statement for the year ended 30 June 2014 before bringing capital grants and contributions to account was a deficit of $12,819,000. After bringing capital grants and contributions to account, the result was an increase in the value of net assets during the year of $2,980,000.
The accounts have been prepared on an accrual basis. Operating results do not, therefore, reflect cash movements. For example, depreciation and amortisation amounting to $21,915,000 included in operating expenses, represent non-cash charges, i.e. there was no cash outflow on account of this item.
Depreciation has reduced in 2014 due the revaluation performed on roads, bridges, footpaths and other infrastructure and the reassessment of the useful lives.
An amount of $17,950,000 is included in operating expenses for employee costs. In addition, $1,348,000 in employee costs were capitalised (see note 4a). Total employee costs were therefore $19,298,000.
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 2014, the value of assets on hand was $887,741,000 comprised of current assets valued at $43,769,000 and non- current assets valued at $843,972,000.
Current assets included cash and investments held for current use amount to $37,936,000, of which $33,500,000 is categorised as investments (with terms of investment being 90 days or more), and $2,000,000 included in the reported cash and equivalent balance of $4,436,000 (with terms of investment being below 90 days).
The principal balance of borrowings outstanding as at 30 June 2014 amounted to $26,228,000 of which $3,944,000 is due for repayment during 2014/15, i.e. within the twelve months following balance date. The principal balance represents a decrease of $1,532,000 above the balance of $27,760,000 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 2014 indicates equity to have increased by $108,809,000 due to:
the net operating result for the year – increase $2,980,000
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increase of $105,829,000 as a result of the revaluation process for infrastructure assets and as a result a reassessment of the useful lives.
Cash Flow
The Cash Flow Statement for the year ended 30 June 2014 Cash and Cash Equivalents balance was $4,436,000 (which includes $2,000,000 of term deposits with a maturity term of less than 90 days), plus investments of $33,500,000. Note 6(c) indicates external restrictions to have been imposed on the use of $25,275,000 and a further $7,864,000 to have been internally restricted as to use against the total Cash & Cash Equivalents & Investments of $37,936,000.
Budget Variations
Council adopted the 2013/14 budget on 19 June 2013. 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 $423,595 for 2013/14 (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 which can affect the reported balance of cash with unrestricted cash increasing by $2,133,000 as at 30th June 2014.
CONSULTATION
2013/14 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).
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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 2013-14
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Page 60 of 78 Ordinary Meeting of Council – 19 November 2014
C9 REVIEW OF POLICIES (S503/02)
Report Author: Jane Ree Senior Leader Governance Authorised: Laura Black Executive Leader Corporate Support
SUMMARY
A review of all policies contained in Council’s policy register is required at least each Council Term. Following an exhibition period, this report presents four (4) draft policies for adoption by Council and one (1) draft policy to place on public exhibition.
RECOMMENDATION
(i) That the following draft policies as attached to this report be adopted.
Tendering policy
Enforcement policy
Councillor expenses and facilities
Community event signage
(ii) That the Community Event Signage Guidelines and Enforcement Guidelines be noted.
(iii) That the draft policy titled Tree maintenance on council managed land as attached to the report be placed on public exhibition for a period of 28 days
BACKGROUND
Greater Taree City Council’s policy register contains many policies that require review and adoption by Council. These policies are reviewed at least once during the term of Council to ensure they represent the policy position of the elected body of the day. Regular review they are consistent with GTCC policy template; current legislation; existing operations; operational policy and procedure with reference also made to alternate instruments of this Council that may govern decision making. Following the statutory period of public exhibition the following draft policies require adoption by Council:
Tendering policy
Enforcement policy
Page 61 of 78 Ordinary Meeting of Council – 19 November 2014
Councillor expenses and facilities
Community event signage
Additionally, a new policy Tree maintenance on council managed land has been drafted and is required to be placed on public exhibition.
DISCUSSION
Tendering Policy
Council’s current Tendering policy was recently reviewed and a revised draft placed on public exhibition from 21 August to 30 September. No submissions were received.
This policy has been reviewed and minor amendments made to ensure it is more consistent with GTCC Policy Template. Content has been removed that is duplicated in other guidance documents cited in the policy.
The Local Government Act and regulations are explicit in how councils must conduct tendering. The Tendering Guidelines issued by the Office of Local Government further reinforce the provisions contained in the Act and Regulations.
This policy should be reviewed every two years to ensure continuing compliance.
Enforcement Policy
A new policy, the draft Enforcement policy was placed on public exhibition from 21 August to 30 September. No submissions were received.
The purpose of this policy is to outline how Council staff assess and respond to unlawful activities. It replaces the intent of the Orders policy (which was rescinded by Council at its August 2014 meeting) and relates to the regulation of development activity, pollution control, regulation of parking, natural resource management, environmental health, the control over the keeping of animals and other regulatory issues within Council’s area of responsibility.
This policy is supported by a set of guidelines that are operational and therefore, approved by the General Manager. A copy of these guidelines has been included for reference and was also placed on public exhibition to provide broader context to the policy.
Adoption of this policy, ensures completion of the last of the Better Practice Review recommendations.
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Payment of Expenses and Provision of Facilities to Councillors
This policy provides the framework for the payment of expenses and provision of facilities to Councillors. Review and adoption of this policy before 30 November each year is a requirement of s252 of the Local Government Act , to ensure accountability and transparency in the reasonable and appropriate provision of expenses and facilities to the Mayor and Councillors. .
This policy was reviewed and some changes recommended in a draft considered by Councillors at the meeting of 17 September. The draft policy was placed on public exhibition between 18 September until 6 November.
No submissions were received, however an additional amendment has been made since the draft was considered by Councillors at the September meeting.
Under 10.8, the provision of expenses for a Councillor’s partner when representing the Mayor at functions has been removed and indicated in the attached draft by strikethrough.
Councillor expenses and facilities policies must include all of the specific expenses for which councillors are entitled to receive reimbursement and all of the specific facilities councillors are entitled to use.
Councillors can only receive reimbursement for expenses and the use of facilities when these are clearly identified in the policy. The overriding principle to be addressed in the development of a council expenses policy is that the details and range of expenses paid and facilities provided to councillors by the council must be clearly and specifically stated and be fully transparent and acceptable to the local community.
Policies must include clear limits and processes for approval, reconciliation and reimbursement for all expenses and facilities to maximise accountability and transparency.
Whilst the current adopted Councillor expenses policy meets the provisions of the Act and the Office of Local Government Guidelines, the review of this policy has determined that some amendments are required to further enhance and strengthen the policy.
A review of the GTCC policy was also undertaken by the Mid North Coast Regional Governance Network members (a sub group of Local Government Professionals) with the intention of ensuring greater consistency with policies of local Councils in the region.
A summary of the changes in the draft that vary from the current adopted policy are as follows:
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GTCC policy template has been applied and the detail of the policy is picked up with a separate table of contents under section 10.
Definitions inserted.
Dispute resolution process has been more clearly identified and detailed.
Detail surrounding the administration of the reimbursement has been inserted with time limited periods for claims specified and a requirement that a NIL return is to be completed for record keeping purposes.
Detailed definition for what constitutes civic duty for travel reimbursement has been provided.
Additional detail surrounding legal expenses has been included, which specifically reflects the provisions detailed in the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW.
Facilities such as business cards, portrait photographs and stationery have been included to reflect actual practice.
The provision of a corporate credit card for the Mayor has been included to reflect actual practice.
The reporting requirement for Councillors who attend conferences has been further defined.
Alcohol is not an expense for which reimbursement applies, in line with employee related policies.
When a Councillor attends a function in place of the Mayor only the expenses of the Councillor will be paid by Council.
The telephone and data plans have been amended to reflect current plans.
Limit amounts have been reviewed and updated.
Numbering amended to reflect more logical flow.
Reference to GTCC Gifts and Benefits Policy has been made.
The current adopted policy is attached to this report with commentary included in the comments that expresses the changes. The revised draft policy contains highlighted text to reflect the new content.
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Community Event Signage
This policy was considered by Council at its meeting on 17 September 2014 and placed on exhibition along with accompanying draft guidelines between 18 September and 31 October. A total of seven (7) submissions were received and are included in the attachment to this report. Each writer has received correspondence that responds to each item of concern, but for the purpose of the report, discussion is limited to themes.
The submissions provided valuable feedback and as a consequence, amendment to the policy and supporting guidelines has been made. In the attached draft policy, additions are underlined and deletions identified by strikethrough.
A number of pieces of legislation govern signage and its placement in public spaces. In recent years, community organisations, and groups as hosts of community events,, have expressed frustration that there is no simple process that allows them to seek approval for the installation of signage in Council’s road reserves that alerts and promotes an upcoming community event.
A policy is required to be adopted by Council that enables approval to be obtained in a simple and accessible manner for the installation of acceptable promotional signage for community events hosted by community organisations and community groups.
Accompanying guidelines to the policy give detailed direction to implementation of the policy and will be approved by the General Manager as required. The draft guidelines were also placed on exhibition. There were six (6) key themes arising from the submissions that are discussed below:
Theme 1: Policy scope should extend to include commercially oriented events
The intent of the policy was to create a straightforward, simple and no cost way for local community organisations to promote events that in turn, support community organisation and broader community benefit.
It is recognised that events (whether organised by community or commercial groups) do generate tourism, which has multiple benefits for local economy and that many businesses sponsor and provide funds for many charitable and not for profit activities that benefit the community broadly. Signage that promotes and supports business is also subject to more explicit regulation within the Environmental Planning and Assessment Act, the Development Control Plan and Local Environmental Plan, which are the principle statutory documents prepared by Council under the requirements of the Environmental Planning and Assessment Act.
Should the policy broaden its scope to business/ commercial organisers advertising and promoting events then the approval and regulation would become more complex for all applicants – business and community organisations, and defeat original intent
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and purpose. Being, to provide a framework in which community groups organising community events can promote those events.
The existence of this policy does not prohibit business from making application under other instruments .
This policy does not intend to provide for the installation of signage relating to commercial activities or commercial contribution and support of community activities. The definition of community event has been slightly altered to make explicit the conditions that must be met.
Theme 2 – Timeframe
Submissions called for extension of the 14 days pre event and 2 days post event included in the policy.
Whilst this rationale is sound, the policy remains unaltered as it reflects the wording of Subdivision 11 of the State Environmental Planning Policy (exempt and complying Development Codes) 2008 which governs Temporary event signs (http://www.austlii.edu.au/au/legis/nsw/consol_reg/seppacdc2008721).
Reference to this regulation has now been made in the policy and internally this request has been included on the register of items to be considered for inclusion in the Local Environmental Plan when it is reviewed in 2015.
Theme 3 – Signage location and structure
Council sponsors, supports and encourages community events to be staged in the local government area. A number of sites have been identified as being suitable for the installation of signage that promotes community events and identified in the guidelines. The locations are identified in the guidelines that, as they are operational in nature, may be amended with approval by the General Manager. This provides greater flexible to continue to include suitably identified locations without the need for adoption by Council.
Generally these locations were supported with additional request for signage in the western part of the Council area, which has been included in the guidelines.
Whilst requests for multiple signage points in close proximity along the same road are not supported, consideration will be given to establishment of fixed signage locations on the same road with reasonable distance as we are required to minimise driver distraction and maintain roadside amenity. It is intended that fixed structures would be put in place by Council at identified locations. It is anticipated that once fixed structures become known as locations to advertise upcoming events then multiple signage along roadside is not only unnecessary, but also likely to attract complaints due to visual pollution.
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It is noted that the Manning River Lions Club may be prepared to consider funding a number of posts/ frames at locations where there is no suitable structure. This is a generous and practical offer that will ensure the installation of structures at a much quicker rate than if Council was do this within current budget limitations. Any local service clubs who may wish to also support this initiative would be acknowledged on the signage structure.
Permanent, fixed signage infrastructure will be provided to enable signage to be displayed for approved periods of time by event organisers. The display of signage at these locations shall be subject to obtaining Council approval in accordance with GTCC Community Event Signage Guidelines. It is recognised that some existing signage is entirely appropriate under current conditions and the implementation of this policy in terms of transitioning this signage to our own fixed structures will be a project undertaken over time.
Theme 4 – Signage size and height
The size and height limitations identified in the guideline reflects the State Environmental Planning Policy (exempt and complying Development Codes) 2008. Some submissions noted that the maximum signage size was indeed large. It is unlikely that any sign would be 6m2, but this space may well be occupied by more than one sign at a time.
Theme 5 – Preference
Due to comments in submissions, item 4 in the guidelines has been changed to address possible conflicts surrounding allocation and prioritisation of one sign over another. It is anticipated that the structure will fit more than one sign at a time.
Theme 6 – Issues outside of policy scope
Directional signage, signage on private property and signage for events that are commercially orientated remain outside the scope of this policy, but clearly remain a key focus of community and need to be addressed in an alternate framework.
Each of these items is governed by a number of layers of regulation and legislation and different authorising mechanisms. In the first instance, these items will be placed on the register of items to be addressed in the review of the Local Environmental Plan in 2015. This policy scope remains limited to signage on council land that promotes events organised by community organisations.
Tree maintenance on council managed land
We have a responsibility to take reasonable measures within the resources available to manage the risks associated with trees located on all land under Council’s management and control.
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The management of risks posed by trees on public land requires a balance between managing the risks to the community’s safety and infrastructure, whilst acknowledging the significant benefit of trees within the landscape to the social, environmental, economic and cultural wellbeing of our community.
It is Council’s role to manage these trees in a safe, effective and efficient manner within available resources whilst providing maximum aesthetic and physical benefits to the community. Following storm events we generally experience a spike in insurance claims for damage caused by trees growing on land upon that we manage.
A policy is required to make explicit our obligation to not only manage these risks, but to allocate resources to do so. The policy makes clear when action will be taken by Council as well as when it will not. It is recommended that this policy be placed on public exhibition and comment from the community sought.
CONSULTATION
The opportunity to review and make comment on these policies was made clear to community by way of promotion via media release, advertisement in the Manning River Times, the Mayor’s column and weekly radio interviews.
Additionally, community event organisers, advisory committee members and other interested stakeholders were invited to review policy and provide comment.
COMMUNITY IMPACTS
Each of these policies directly impacts upon the community as discussed in this report.
TIMEFRAME
Policies recommended for adoption will be implemented immediately.
Tree maintenance on council managed land policy will be placed on public exhibition for 28 days.
BUDGET IMPLICATIONS
Nil
STATUTORY OR LEGISLATIVE REQUIREMENTS
Local Government Act 1993
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
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Roads Act 1993
ATTACHMENTS
Draft policies for adoption:
(i) Tendering policy
(ii) Enforcement policy
(iii) Councillor expenses and facilities
(iv) Community event signage
Guidelines to note:
(v) Enforcement guidelines
(vi) Community event guidelines
Draft policy for public exhibition:
(vii) Tree maintenance on council managed land
Submissions received:
(viii) Community event signage
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C10 ANNUAL REPORT 2013/2014 (S592/01)
Report Author: Jane Ree Senior Leader Governance Authorised: Laura Black 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 to Council a copy of Greater Taree City Council’s Annual Report for 2013/14 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 outlines Council’s achievements during 2013/14 towards implementing Council’s Delivery Program and Operational Plan. The report will also contain Council’s audited financial statements, which are submitted as a separate item within the November Council Meeting Agenda.
While the Annual Report is a statutory requirement, we believe it provides an ideal opportunity to inform the community about our achievements. This year, we have gone to considerable lengths to make the document a more enjoyable read, including graphic visual representations of key information and narration about the many interesting components of our community work and we would welcome feedback about the look, feel and readability of this report for future improvements.
RECOMMENDATION
That, the Annual Report for the year 2013/14 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.
In addition to receiving reports every six months about our achievements against the Delivery Program, our four year plan to address community priorities, quarterly reports are also provided throughout the year to ensure community are kept informed of activity and achievements.
DISCUSSION
The annual report details what we have achieved and how we have performed in implementing our Delivery Program and Operational Plan for the year 2013/2014. The report also includes some information that is prescribed by the Local
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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
A copy of the Annual Report will be submitted to the Office of Local Government by the due date and copies of the full Annual Report will be made available on our website, at Council’s offices and libraries, will be circulated to Committee members, and lodged with relevant Government Departments such as the NSW Ombudsman and NSW Office of Information Commissioner.
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.
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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
Division of Local Government Integrated Planning & Reporting Guidelines
ATTACHMENTS
2013/14 Greater Taree City Council Annual Report
(Due to the size of this document it is only available electronically)
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ACTING GENERAL MANAGER REPORT
GM1 LGNSW - ANNUAL LOCAL GOVERNMENT CONFERENCE (S806)
Report Author: Ron Posselt Acting General Manager
SUMMARY
This report provides an overview of the Local Government NSW [LGNSW] Annual Conference held in Coffs Harbour from 19 October to 21 October, 2014.
RECOMMENDATION
That the report regarding the Local Government NSW Annual Conference held in Coffs Harbour from 19 - 21 October 2014 be accepted.
BACKGROUND
The LGNSW Conference is the annual policy-making event for the 152 councils of NSW. The Conference is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed. Council was represented by Ron Posselt and delegates Mayor Paul Hogan, and Councillors Alan Tickle and Robyn Jenkins.
The 2014 Conference was supported by Coffs Harbour City Council at the C.ex Coffs (Coffs Ex-Services Club).
DISCUSSION
The agenda for the conference was as follows:
Monday 20 October
8.30am – 9.00am Address from The Hon Mike Baird MP, Premier of NSW.
9.00am – 9.15am Address from Cr Keith Rhoades AFSM, President LGNSW.
9.15am – 1.00pm Opening of the Business session, Adoption of Standing Orders and Consideration of Motions chaired by the President.
1.55pm – 2.45pm Consideration of Conference Business continued, chaired by the President.
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2.45pm – 4.15pm Consideration of Government’s response to the Local Government Review Panel’s Revitalising Local Government - Ellen Fanning.
Tuesday 21 October
9.25am – 9.45am Address from The Hon Paul Toole MP, Minister for Local Government.
9.45am – 10.00am Facilitated Q and A with the Minister for Local Government.
10.00am – 10.15am Presentation of the AR Bluett Awards.
10.15am – 10.30am Address from Hon Sophie Cotsis MLC, Shadow Minister for Local Government.
10.30am – 11.00am Address from Peter Duncan AM, CEO, Roads and Maritime NSW, on transport and Infrastructure.
11.30am – 11.45am Address from Les Turner, Chief Executive Officer, NSWALC.
11.45am – 11.50am Short address from Cr Chris Connor, Deputy Chair, Association of Mining Related Councils.
11.50am – 12.20pm Presentation by Claire Madden, Research Director, McCrindle Forecasts, Demographic Change, Emerging Generations and the Future.
12.20pm – 1.00pm Presentation by Paul Clitheroe AM, Director Ipac Securities, Chairman Financial Literacy Foundation, Chairman Money Magazine on Economic Trends in Australia.
1.00pm – 2.00pm “Future Cities”: a panel facilitated by MC, Ellen Fanning, with panellists Chris Johnson AM, CEO, Urban Taskforce, Elizabeth Farrelly, Journalist and Commentator, and David Borger, Western Sydney Director, Sydney Business Chamber.
2.00pm – 2.15pm Discussion of future conference format. Close of Conference
A large part of the program was dedicated to voting on some 172 motions before the conference. This was a return to the old LGNSW format following a trial of a different
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approach in 2013. GTCC attendees are of the view that this format adds little value to the conference and have provided feedback accordingly to LGNSW.
The other major feature of this conference was the session with the Local Government Minister and the Mayor and acting general Manager also attended a meeting between MidROC Councils and the Minister on the Tuesday. This enabled a frank discussion with the Minister about the issues facing councils on the mid north coast.
GTCC provided six motions to the conference and four were considered among the 172 before the conference. However, while many of the 172 motions had merit, it is unlikely than any significant proportion of these motions will be actioned in any real way, largely due to the diversity of the motions and the capacity of LGNSW. In addition to the 172 motions, a further 69 motions were not proposed for debate because they were covered by policies and previous representations. Anecdotally many delegates feel that many issues have been raised year on year with little quantifiable outcome.
CONSULTATION
Nil.
COMMUNITY IMPACTS
Nil
TIMEFRAME
Motions passed by the conference delegates are pursued by the LGNSW Executive.
BUDGET IMPLICATIONS
Nil.
STATUTORY OR LEGISLATIVE REQUIREMENTS
Nil
ATTACHMENTS
Nil
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Last page of the Ordinary Meeting of Council Business Paper – 19 November 2014
……………………………………….... MAYOR …..…………………………….ACTING GENERAL MANAGER
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