great lakes council - mid-coast council

NOTICE OF ORDINARY MEETING

Notice is hereby given that a meeting of

GREAT LAKES COUNCIL

Will be held at the Council Chambers, Breese Parade, Forster on

22 SEPTEMBER 2015 AT 9.30AM

The order of the business will be as detailed below (subject to variation by Council)

1. Acknowledgement of Country

2. Opening Prayer

3. Apologies

4. Declarations of Pecuniary & Non-Pecuniary Conflicts of Interest

5. Confirmation of the Minutes from previously held meetings: Ordinary Meeting 25 August 2015 Extraordinary Meeting 8 September 2015

6. Notice of Motions

7. Consideration of Officers' Reports: General Manager Director Planning & Environmental Services Director Engineering Services Director Corporate & Community Development

8. Late Urgent Matters (including Councillor requests for Approved Leave/Attendance at Conferences, Training etc)

9. Consideration of Business in Closed Session

10. Close of Meeting

10.00AM Meet the Public Session followed by Public Addresses

Glenn Handford GENERAL MANAGER

12.30PM-1.30PM

LUNCH

GREAT LAKES COUNCIL Council endorsed Great Lakes 2030 on 25 June 2013 incorporating a vision supported by four key directions identified by the community. This Plan is Council's primary forward planning document that aligns our community's vision with a clear strategic direction for the Great Lakes' long term future.

VISION

a unique and sustainably managed environment balanced with quality lifestyle opportunities created through appropriate development, infrastructure and services

KEY DIRECTIONS & OBJECTIVES

Key Direction 1

Our environment

Objectives

Protect and maintain the natural environment so it is healthy and diverse

Ensure that development is sensitive to our natural environment

Prepare for the impact of sea level rise and climate change

Sustainably manage our waste

Key Direction 2

Strong local economies

Objectives

Promote the Great Lakes as an area that is attractive for residents and visitors

Establish and maintain a supportive business environment that encourages job opportunities

Provide transport infrastructure that meets current and future needs

Key Direction 3

Vibrant and connected communities

Objectives

Provide the right places and spaces

Plan for sustainable growth and development

Increase and improve access to education for all ages

Encourage a positive and supportive place for young people to thrive

Develop and support healthy and safe communities

Build on the character of our local communities and promote the connection between them

Key Direction 4

Local leadership

Objectives

Deliver Council services which are effective and efficient

Strengthen community participation

Represent the community's interests through regional leadership

GREAT LAKES COUNCIL

CODE OF CONDUCT PRINCIPLES AND ETHICAL DECISION MAKING

Integrity – You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

Leadership – You have a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting public duty to others in the council and outside, by your own ethical behaviour.

Selflessness – You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision

maker.

Objectivity – You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

Accountability – You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others. This means

recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

Openness – You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording, giving and revealing reasons for decisions; revealing other avenues

available to the client or business; when authorised, offering all information; communicating clearly. Honesty – You have a duty to act honestly. You must declare any private interests relating

to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and

procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

Respect – You must treat others with respect at all times. This means not using derogatory terms

toward others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision-making.

Ethical Decision Making Consider the following points when assessing a potential action or decision.

Is the decision or conduct legal?

Is it consistent with Council policy, Council’s objectives and Council’s Code of Conduct?

What will the outcome be for yourself, your colleagues, Council and other interested parties?

Does it raise a conflict of interest?

Do you stand to privately gain or lose at the public expense?

Can the decision be justified in terms of the public interest?

Would the decision withstand public scrutiny?

TABLE OF CONTENTS

CONSIDERATION OF OFFICERS’ REPORTS: ....................................................................................... 1

GENERAL MANAGER .............................................................................................................................. 1

1 GM - Election of Mayor ................................................................................................................................. 1 2 GM - Election of Deputy Mayor .................................................................................................................... 4 3 GM - Council Committees ............................................................................................................................ 6 4 GM - Section 355 Committee Appointment/Representation ......................................................................... 9 5 GM - Appointment of Delegates to Various External Bodies ...................................................................... 12

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES .............................................................. 15

6 PES - DA206/2015 - Woolworths Service Station Tuncurry ....................................................................... 15 7 PES - Aboriginal Land Claims 7072 and 23984 at Hawks Nest ................................................................. 17 8 PES - MidCoast Water Easement for Access, Services and Structures ..................................................... 23 9 PES - Matters Before the Land & Environment Court - September 2015 ................................................... 28 10 PES - Consents Issued Under Delegated Authority - August 2015 ............................................................ 30 11 PES - Penalty Infringement Notices issued August 2015 ........................................................................... 33 12 PES - Minutes for Wallis & Smiths Coast & Estuary Committee ................................................................ 35

DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT ............................................................... 36

13 CCD - 2015-16 Revotes - Incomplete 2014-15 Works & Projects .............................................................. 36 14 CCD - Renewal of Alcohol Free Zones in Forster and Tuncurry ................................................................ 39 15 CCD - Update on ICT Strategic Plan .......................................................................................................... 48 16 CCD - Community Broadband Development Program Update................................................................... 54 17 CCD - Investment Report - August 2015 .................................................................................................... 60 18 CCS - List of Outstanding Reports ............................................................................................................. 68

CLOSED COUNCIL ................................................................................................................................. 70

19 ESCONF - Tender Harry Elliot Oval Grandstand ....................................................................................... 70 20 ESCONF - Tender for Quarry Products ...................................................................................................... 70

ORDINARY Meeting of the Great Lakes Council held 22 SEPTEMBER 2015 Page 1

CONSIDERATION OF OFFICERS’ REPORTS:

GENERAL MANAGER

1 GM - Election of Mayor

Index: Councillors - Election of Mayor and Deputy Mayor Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Outlines the roles of the Mayor, the requirements for the election of the Mayor and provides for the conduct of this election.

SUMMARY OF RECOMMENDATION:

1. That nominations for the position of Mayor be accepted. 2. That in the event of there being more than one nominee, Council determine by resolution,

the method by which the election be conducted being: preferential ballot, ordinary ballot or open voting.

3. That the Returning Officer conduct the election for the position of Mayor.

FINANCIAL/RESOURCE IMPLICATIONS:

Funding for the Mayoral Allowance and expenditure has been included within the 2015/2016 budget.

POLICY IMPLICATIONS:

Nil.

LEGAL IMPLICATIONS:

The election must be conducted in accordance with the relevant provisions of the Local Government Act 1993 & the Local Government (General) Regulation 2005.

LIST OF ANNEXURES:

Nil.

LIST OF ATTACHMENTS:

A: Nomination form – separately enclosed

REPORT:

Section 225 of the Local Government Act 1993 states that each Local Government area must have a Mayor elected in accordance with the provisions of the Act while Section 230(1) provides that a Mayor elected by the Councillors holds office for one year. The role of the Mayor (as set out in Section 226 of the Act) is:


To exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council;

To exercise such other functions of the council as the council determines;

To preside at meetings of the council;

To carry out the civic and ceremonial functions of the mayoral office. Schedule 7 – “Election of Mayor by Councillors” of the Local Government (General) Regulation 2005, sets out the procedures for the election of a mayor by the councillors of an area. The provisions include: “Returning Officer 1. The General Manager (or a person appointed by the General Manager) is the Returning Officer. Nomination 2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the Returning Officer. (4) The Returning Officer is to announce the names of the nominees at the Council Meeting at

which the election is to be held. Election 3. (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.

(4) In this clause: “ballot” has its normal meaning of secret ballot “open voting” means voting by a show of hands or similar means.

The form of ballot should be determined after the announcement of nominations, and the General Manager will call for a motion accordingly. The various forms of ballot that Council may adopt are summarised below:

Preferential Voting – is a secret ballot and the system can only be adopted if there are more than two candidates. Voting is in order of preference, with votes marked 1, 2, 3, 4 etc. If a candidate receives more than half of the total votes, that person is declared elected. If not, the person with the lowest number of votes is excluded and their preferences distributed. This procedure is followed until one candidate receives more than half of the total votes. They are then declared elected.

Ordinary Ballot – is a secret ballot. If there are two candidates, the person receiving the highest number of votes is declared elected. Should there be three or more candidates, the candidate receiving the lowest number of votes is excluded and fresh votes are taken until one candidate remains. A cross (X) against the candidate whose nomination is supported is all that is required when voting.

Open Voting – is by a show of hands. If there are two candidates, the person receiving the higher number of votes is declared elected. If there are more than two candidates, the person with the lowest number of votes is excluded and this procedure is repeated until one candidate receives a simple majority of the votes.


Choosing by lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

A nomination form is enclosed with the Business Paper for the position of Mayor, as it will be easier procedurally if any nomination forms are completed (including signed acceptance of the nomination by the candidate) and ready to hand in when nominations are formally called at the commencement of the election item. The completed nomination form and acceptance may also be lodged with the Returning Officer prior to the meeting.

RECOMMENDATION:

1. That nominations for the position of Mayor be accepted. 2. That in the event of there being more than one nominee, Council determine by resolution,

the method by which the election be conducted being: preferential ballot, ordinary ballot or open voting.

3. That the Returning Officer conduct the election for the position of Mayor.


2 GM - Election of Deputy Mayor

Index: Councillors - Election of Mayor and Deputy Mayor Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

To conduct an election for the position of Deputy Mayor.


1. That nominations for the position of Deputy Mayor be accepted. 2. That in the event of there being more than one nominee, Council determine by resolution,

the method by which the election is conducted being: preferential ballot, ordinary ballot or open voting.

3. That the Returning Officer conduct the election for the position of Deputy Mayor.


Funding for the Deputy Mayor’s allowance has been included in the adopted budget.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


A: Nomination Form – separately enclosed.

REPORT:

Section 231 of the Local Government Act 1993 makes provision for a council to elect one of its members to be the Deputy Mayor. Section 231 states: 1. The Councillors may elect a person from among their number to be the Deputy Mayor. 2. The person may be elected for the mayoral term or a shorter term. 3. The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if

the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

4. The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.


Great Lakes Council has traditionally elected a Deputy Mayor for a term of 12 months and has provided an allowance equivalent to 10% of the Mayoral Allowance. This amount is deducted from the Mayoral Allowance and is in recognition of the additional duties that this Councillor is called upon to perform during the year for the Mayor. The procedures for the election of the Deputy Mayor are the same as for the election of the Mayor. A nomination form is enclosed with the Business Paper for the position of Deputy Mayor, as it will be easier procedurally if any nomination forms are completed (including signed acceptance of the nomination by the candidate) and ready to hand in when nominations are formally called at the commencement of the election item. The completed nomination and acceptance may also be lodged with the Returning Officer prior to the meeting. If more than one Councillor is nominated the Council is to resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.

RECOMMENDATION:

1. That nominations for the position of Deputy Mayor be accepted. 2. That in the event of there being more than one nominee, Council determine by resolution,

the method by which the election is conducted being: preferential ballot, ordinary ballot or open voting.

3. That the Returning Officer conduct the election for the position of Deputy Mayor.


3 GM - Council Committees

Index: Councillors - Representation on Committees Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

This report informs Council of the brief general rules of operation of Committees and advises of Council Committees currently in existence. Council is required to consider the composition of its committees with a view to effective and efficient operation and decision making.


That the Mayor and two (2) Councillors be appointed to the Community Grants Committee.


Funding for Councillors travel to attend meetings and catering for meetings (where required) are provided within the 2015/2016 budget.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


Nil.

REPORT:

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, Council is able to appoint Committees of the Council as it considers necessary. Such committees are to consist of the Mayor and such other Councillors as are elected by the councillors or appointed by the Council. As such the Mayor is an ex-officio member of all committee of Council regardless of whether the Mayor is shown as part of the membership. The quorum for a meeting of such a committee is to be: 1. such numbers of members as the Council determines; or 2. if the Council has not decided a number, a majority of the members of the committee. The Council must specify the functions of each of its committees when they are established, but may from time to time amend those functions. The need to specify the functions of the committee is related to section 355 of the Act which deals with how a council can exercise its functions.


A councillor who is not a member of a committee of the Council is entitled to attend, and speak at, a meeting of the committee. However they are not entitled to give notice of business for inclusion in the agenda, or to move or second a motion at the meeting or to vote at the meeting. Each committee of the Council may regulate its own procedure. A committee of the Council may decide that, whenever the voting on a motion put to a meeting of the committee is equal, the chairperson of the committee is to have a casting vote as well as an original vote. Voting at a committee meeting is by the open means (on the voices or show of hands). The chairperson of each committee of the Council must be: 1. the Mayor; or 2. if the Mayor does not wish to be the chairperson of a committee, a member of the committee

elected by the Council; or 3. if the Council does not elect such a member, a member of the committee elected by the

committee. The Council may elect a member of the committee of the Council as Deputy Chairperson of the Committee. If the Council does not elect a Deputy Chairperson of such a committee, the committee may elect a Deputy Chairperson. If neither the Chairperson nor the Deputy Chairperson of a committee of the Council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be Acting Chairperson and preside at the meeting of the committee. Council generally reviews the membership of its various committees in conjunction with the annual election of the Mayor. Council considered its committee structure following the September 2012 local government election and endorsed the continuation and functions of the below committees and nominated Councillor membership. The functions of these committees are also included below. 1. Strategic Committee This committee was established in 2006 with its main role being to provide an opportunity for the detailed consideration of strategic issues. The committee consists of the Mayor and all Councillors, with five (5) Councillors required for a quorum. The committee was delegated authority from Council to make decisions in relation to issues referred to it. 2. Community Grants Committee This committee was formed in 2005 to consider community donations. The committee changed its name on June 2007 to reflect the funding arrangements and direction of the committee. The committee is wholly advisory, making recommendations to Council for consideration and holds no delegation from Council to determine matters or authorise actions. Membership of this committee consists of Councillors McWilliams, Hutchinson and McCaskie. The Committee meets as an expanded sub-committee to discuss the allocation of funds provided to Council by the Duralie Coal Mine (Duralie Community Infrastructure Enhancement Funds) which are to be used for the development of community infrastructure projects within the Stroud, Stroud Road and Wards River area. These funds are provided to Council in accordance with the conditions of consent set out for the operation of the mine. This sub-committee also includes two community representatives from that area (Mrs Daphne Dobbyn and Mr Rod Williams) who were appointed in 2015 for a two year term. It is recommended that three Councillors be appointed to this committee.


3. Development Control Unit Council considered a report that detailed the operation of the Development Control Unit at its August 2009 Ordinary Meeting. Council adopted new Operating Procedures for the DCU and provided delegations that supported this operation with Council reissuing amended delegations at the August 2013 Ordinary Meeting. No further decisions are required in relation to the DCU at this time.

RECOMMENDATION:

That the Mayor and two (2) Councillors be appointed to the Community Grants Committee.


4 GM - Section 355 Committee Appointment/Representation

Index: Section 355 Committees - General; Councillors - Representation on Committees

Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

The report informs Council of the current Section 355 Committees operating that require delegates from Council to be determined and form part of the membership of the Committee. It also advises of the status of all other Section 355 Committees in operation that do not have or do not require delegates from Council.


1. That Council note the information contained within the report. 2. That Council appoint members to the Great Lakes Floodplain Management Committee,

Wallis & Smiths Lakes Estuary & Coastal Management Committee and Audit Committee as recommended in the report.

3. That Council appoint one of the two independent external members of the Audit Committee as the Chairperson, holding this position until reviewed at the September 2016 Ordinary Meeting.


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


Nil.

REPORT:

Section 355(b) of the Local Government Act 1993 provides Council with the authority to appoint committees to fulfil or undertake a function of Council. Council's adopted policy states that: a. Great Lakes Council will appoint Committees under Section 355 of the Act to fulfil or undertake a

function of Council, where Council believes that such function can be undertaken more efficiently through the appointment of a Section 355 Committee than through other means.


b. In determining if an activity is a function of Council it must be identified in the Council's Strategic or Management Plan.

c. Council will not appoint Section 355 Committees to overcome the inability of a community committee or organisation to obtain public liability insurance coverage.

d. In determining whether or not to appoint a Section 355 Committee the following must apply: (a) the activity must be a Council function. (b) in the absence of a Committee, Council would undertake the function. (c) the main purpose of the Committee is not to overcome the inability of a community

committee or organisation to obtain public liability insurance coverage. These committees receive a delegation of authority under Section 377 of the Act which set out the functions that the committee is to undertake on behalf of Council. This function could include the provision of advice. In Council's case such committees comprise members of the community and in many cases (but not all), Councillor representation. Council has also moved to a situation where it appoints a Councillor contact(s) for some of these committees in preference to formal membership. The following types of committees may be appointed:

Advisory Committees - membership may comprise councillors and members of the public, or members of the public only. These committees provide advice to the Council on either a locality or specialist field. These committees do not generally handle funds or manage assets

Management Committees - membership can comprise councillors and members of the public, or members of the public only. They typically have delegated responsibility for the care, control and management of a Council facility or function and may handle funds on behalf of Council. Council generally appoints a Councillor contact to these committees giving the committee access to an elected representative, while giving the Councillor discretion as to whether they attend committee meetings.

Event Management Committees - these are similar to management committees, but these committees have delegates authority for organising and conducting a specific event and may include some financial responsibilities. Council has not established this particular type of committee in the recent past.

Council undertook a comprehensive review of its Committee structure following the September 2012 local government election. This resulted in a number of committees being disbanded. Council has subsequently decided that its preferred model is for Council's Strategic Committee to consider all matters of a strategic nature with working parties to be established for specific project related purposes. As such it has fewer Section 355 Committees in operation. Those that do continue to operate are set out below: Great Lakes Floodplain Management Committee - Councillors Gill and Summers are the current representatives on this committee. Action - 2 Councillors to be appointed to this committee. Wallis & Smiths Lakes Estuary and Coastal Management Committee - Councillors Gill, Summers and Weate are the current representatives on this committee. Action - 3 Councillors to be appointed to this committee. Great Lakes Catchment Group - One Councillor sits on this committee being the Chair of the Wallis & Smiths Lakes Estuary & Coastal Management Committee. Action - Chair of Wallis & Smiths Lakes Estuary & Coastal Management Committee to be the representative.


Audit Committee - Councillor Summers is the current representative on this Committee Action - One Councillor to be appointed to this committee. In relation to the Audit Committee, its Charter provides that Council is required to appoint one of the two independent members as the Chair of the Committee. This appointment is an annual one, reviewed at the September Ordinary Council meeting in conjunction with the annual review and appointment of committees and delegates to external bodies. Mr Gerry McDonagh is the current Chair of the Committee. No recommendation is made in relation to this particular appointment. Action - One of the independent members of the Audit Committee to be appointed as Chairperson.

RECOMMENDATION:

1. That Council note the information contained within the report. 2. That Council appoint members to the Great Lakes Floodplain Management Committee, Wallis

& Smiths Lakes Estuary & Coastal Management Committee and Audit Committee as recommended in the report.

3. That Council appoint one of the two independent external members of the Audit Committee as the Chairperson, holding this position until reviewed at the September 2016 Ordinary Meeting.


5 GM - Appointment of Delegates to Various External Bodies

Index: Councillors - Representation on Committees Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

The report sets out various external bodies which involve Council delegates and requires Council to determine its representatives for the ensuing twelve (12) months.


That Council appoint delegates to the bodies identified in the report.


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


Nil.

REPORT:

Council currently has representation on the bodies listed below. These are not Council created committees but are bodies that require an actual elected representative to attend meetings or require an elected representative to be nominated as a contact. In some instances staff representation also occurs but this does not require council appointment. 1. Hunter Councils (representative group of 11 Hunter Valley Councils) A restructure of the Hunter Councils during 2009 saw the constitution amended and membership of the Board of Hunter Councils restricted to the Mayors of the constituent Councils. As such the Mayor is Council's representative. This means that the Mayor is a Board Director of Hunter Councils. Action: No action required.


2. Mid North Weight of Loads Group This group comprises representatives of over 17 councils and is concerned with keeping overweight vehicles off Council roads and associated issues. The current councillor contact for this group is the Mayor. Action: One Councillor to be nominated as a councillor contact. 3. Port Stephens Estuary Management Committee Council's representative on this committee is Councillor Roberts. Action: One Councillor to be nominated to this committee. 4. Great Lakes Bushfire Management Committee This is a local committee comprising representatives of various government departments with land management responsibilities, community representatives etc to discuss matters related to bushfire management within the Great Lakes area. The councillor representative on this committee is Councillor Roberts. Action: One Councillor to be nominated to this committee. 5. NSW RFS Great Lakes District Liaison Committee This committee of RFS and Council representatives discusses issues concerning the Service Level Agreement and operational issues. The councillor representative on this committee is Councillor Roberts. Action: One Councillor to be nominated to this committee. 6. Public Libraries New South Wales This body was formally known as Public Libraries NSW Country but has undergone a change during 2011 so that one peak body exists within NSW. The councillor representative on this body is Councillor Gill. Action: One Councillor to be nominated as Council's representative to this body. 7. Mid North Coast Weeds Co-ordinating Committee Council's representative is Councillor Gill. Action: One Councillor to be nominated to this committee. 8. Duralie Coal Mine Community Environmental Monitoring & Consultative Committee Council's representatives are Councillor Hutchinson and the Director Planning & Environmental Services. Action: One Councillor and the Director Planning & Environmental Services to be nominated to this committee. 9. Gloucester Exploration Project Community Committee Council's representative is Councillor Hutchinson. Action: One Councillor to be nominated to this committee. 10. AGL Gloucester Coal Seam Gas Project Community Consultative Committee Council's representative is Councillor Hutchinson. Action: One Councillor to be nominated to this committee.


11. Board of Arts Mid North Coast

Arts Mid North Coast is a regional arts and cultural development organisation funded through a partnership between the NSW Government and local government. It is one of thirteen Regional Arts Boards across Regional and rural NSW. The Board is made up from a number of stakeholder areas including representatives from the seven local government councils within its area being: Great Lakes, Greater Taree, Port Macquarie Hastings, Kempsey, Nambucca, Bellingen and Coffs Harbour.

Council's representative is Councillor Vaughan. Action: One Councillor to be nominated to this organisation. 12. Port Stephens / Great Lakes Marine Park Advisory Committee Council's representative was Councillor Hutchinson who had been appointed by the NSW Government for her second term which expired on 31 March 2013. Contact with the Marine Park Authority indicated that the status of the Advisory Committee is uncertain at this point in time. It is recommended that Council make no appointment at present and await further advice from the Authority as to the future of the Advisory Committee. Action: No action is required at present. 13. Tuncurry Public Hall Reserve Trust Council has one representative on the Reserve Trust. The current representative is Councillor Vaughan. Action: Council to appoint one Councillor as its representative on the Reserve Trust. 14. Stroud Heritage Conservation Inc. Council has one appointed representative on this Conservation Trust. That representative is the Mayor. Action: One Councillor to be nominated to this Trust.

RECOMMENDATION:

That Council appoint delegates to the bodies identified in the report.


DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

6 PES - DA206/2015 - Woolworths Service Station Tuncurry

Index: DA 206/2015; PK 38543 Author: Senior Development Assessment Planner - Robyn Shelley Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Development Application No. 206/2015 was lodged with Council on 25 November 2014 for the construction of a Service Station on Lot 51 DP 1071540, 190 The Lakes Way, Tuncurry. The Development Application has been assessed by a Consultant external to Council.


That Development Application No. 206/2015 be considered by Council in accordance with the Recommendation contained in the Consultant's report (Attachment A to this report).


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


A: Consultant's Assessment Report of Development Application DA-206/2015

Due to its large size, Attachment A has been circulated in hard copy to Councillors and Senior Staff only, as a paper conservation measure. However, this attachment is publicly available on Council's Website, and copies are available at Council offices on request.

REPORT:

Development Application No. 206/2015 was lodged with Council on 25 November 2014. The applicant has sought the consent of Council to construct a Woolworths Service Station at 190 The Lakes Way, Tuncurry.


Council made a decision to engage a Planning Consultant to assess the Development Application. The decision was based on a perceived conflict of interest that was raised in a submission made to Council, after advertisement and notification of the Development Application. The perceived conflict of interest was based upon Council being involved in a lease agreement with the Tuncurry Woolworths Supermarket. Council sought legal opinion in relation to the perceived conflict of interest, which determined that as Council does not stand to gain financially by the approval of the Development Application (the subject of this report) that it was a matter for Council as to whether they wish to address the perception by referring the matter to an external consultant for assessment.

RECOMMENDATION:

It is recommended that Development Application No. 206/2015 be considered by Council in accordance with the Recommendation contained in the Consultant's report (Attachment "A" to this report).


7 PES - Aboriginal Land Claims 7072 and 23984 at Hawks Nest

Index: SP-ALC- 7072 & 23984 Author: Strategic Landuse Planner - Louise Gaffney Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

This is an information report advising the outcome of a request from the Aboriginal Land Claim Investigation Unit (DPI-Lands) for comment on Aboriginal Land Claims over Lot 25 DP 753166 at Hawks Nest, as seen in Annexure A. Council was specifically asked to comment on whether the land was, at the date the claims were submitted:

Lawfully used and occupied; or

Needed or likely to be needed for an essential public purpose. A search of Council's records did not identify any grounds for objection based on the above criteria. Council formally advised The Aboriginal Land Claims Investigation Unit (DPI-Lands) of this on 26 August 2015.


It is recommended that the information be noted.


Nil.


If the claim is successful Council would no longer be responsible for management of the area.

LEGAL IMPLICATIONS:

If the claim is successful, ownership of the land would transfer from Crown Lands to the successful claimant.

LIST OF ANNEXURES:

A: Site location and Aboriginal Land Claim area over Lot 25 DP 753166. B: Correspondence from Aboriginal Land Claim Investigation Unit (DPI-Lands) dated 22 July 2015.


Nil.


REPORT:

A copy of the correspondence received from The Aboriginal Land Claims Investigation Unit (DPI-Lands) requesting comment on Aboriginal Land Claims 7072 and 23984 over Lot 25 DP 753166 at Hawks Nest, is provided in Annexure B. Council was specifically asked to comment on whether the land was, as at the date the claims were submitted:

Lawfully used and occupied; or

Needed or likely to be needed for an essential public purpose. A search of Council's records was undertaken which revealed:

The site has high conservation value;

it is a known Koala corridor;

a volunteer group undertakes an annual clean-up of the site; and

Council has been involved with similar clean-up works in the past. Using the further information provided by the Department, also seen in Annexure B, it was determined that the activities listed above did not constitute a lawful use and occupation or needed or likely to be needed for an essential public purpose. On this basis, Council formally advised The Aboriginal Land Claims Investigation Unit (DPI-Lands) that it had found no grounds for objection to the claims on 26 August 2015.

RECOMMENDATION:

That Council note this information.


ANNEXURES:

A: Location of Aboriginal Land Claims 7072 and 23984 over Lot 25 DP 753166, Hawks Nest.


B: Correspondence from Aboriginal Land Claim Investigation Unit (DPI-Lands) dated 22 July 2015.


8 PES - MidCoast Water Easement for Access, Services and Structures

Index: NS-CATCH-WL-WETLAND Author: Manager Natural Systems - Gerard Tuckerman Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

This report seeks approval to grant MidCoast Water an easement for access, services and structures of a small part of Lot 1, DP 1199088.


That Council: 1. Resolve to grant MidCoast Water an Easement for Access, Services and Structures over that part

of 1189 Minimbah Road, Nabiac as identified on the easement plan. 2. That the Common Seal of the Council be affixed to all necessary easement documentation.


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

A: Map showing the location of the property. B: Plan of proposed easement for access, services and structures


Nil.

REPORT:

Council approved the acquisition Lot 1 DP1199088, 1189 Minimbah Road, Nabiac on 24 July 2012. The acquisition was made possible through a partnership involving the Hunter Central Rivers Catchment Management Authority (CMA), MidCoast Water (MCW) and Great Lakes Council (GLC). MidCoast Water agreed to contribute $25,000 towards the acquisition of the 70 ha property given its importance for water quality protection and potential future water extraction. Great Lakes Council and MidCoast Water have worked cooperatively to secure protection of the Minimbah Aquifer for both the potable water resource and the ecosystems service (clean water) it provides to Wallis Lake.


The report for the acquisition of the property included the resolution to register MidCoast Water on title as having an interest in the land for protection of the groundwater quality. The resolution at the time did not include approval for an easement for access, services and structures as the proposed area had not been confirmed. Great Lakes Council and MidCoast Water agreed that such an easement would not be over environmentally sensitive land. MidCoast Water have since obtained the services of an ecologist, Dr Steve Griffiths to inspect the site and give his advice, which identifies a previously cleared and disturbed area on the eastern boundary of the site. This area is identified on the Plan of Easement for Access, Services and Structures. It meets the requirements and objectives of both organisations.

RECOMMENDATION:

That Council:

1. Resolve to grant MidCoast Water an Easement for Access, Services and Structures over that part of 1189 Minimbah Road, Nabiac as identified on the easement plan.

2. That the Common Seal of the Council be affixed to all necessary easement documentation.


ANNEXURES:

A: Map showing the location of the property.


B: Plan of proposed easement for access, services and structures


9 PES - Matters Before the Land & Environment Court - September 2015

Index: Land and Environment Court Appeals - Development Applications Author: Manager, Development Assessment - Wayne Burgess Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

This report lists and provides an update on matters currently before the Land and Environment Court.




Indicated in Annexure 'A'.


Nil.

LEGAL IMPLICATIONS:

Indicated in Annexure 'A'.

LIST OF ANNEXURES:

A: List of matters currently before the Land and Environment Court.


Nil.

REPORT:

This report lists and provides an update on matters currently before the Land and Environment Court.

RECOMMENDATION:



ANNEXURES:

A: List of matters currently before the Land and Environment Court.


10 PES - Consents Issued Under Delegated Authority - August 2015

Index: Development Consents Issued Under Delegated Authority Author: Director, Planning & Environmental Services - Lisa Schiff Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Consents which have been issued for August 2015 under authority delegated by Council on 14 June 1994 are contained in Annexure "A". Should any Councillor have a query regarding the attached Annexure, please contact the Director Planning & Environmental Services, so that the appropriate documentation may be brought to the meeting for clarification.




Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

A: Consents issued for the month of August 2015.


Nil.

REPORT:

Consents which have been issued for August 2015 under authority delegated by Council on 14 June 1994 are contained in Annexure "A". Should any Councillor have a query regarding the attached Annexure, please contact the Director Planning & Environmental Services, so that the appropriate documentation may be brought to the meeting for clarification.

RECOMMENDATION:



ANNEXURES:

A: Consents issued for the month of August 2015.


11 PES - Penalty Infringement Notices issued August 2015

Index: Laws and Enforcement: Infringement Notice Issued Author: Manager Waste Health and Regulatory Services - John Cavanagh Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

This report provides a summary of the Penalty Infringement Notices issued by Council Regulatory Officers during the month of August 2015.




Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


Nil.

REPORT:

During the month of August 2015, forty-two (42) verbal warnings and forty-three (43) penalty infringement notices were issued. These were issued for the following reasons:

OFFENCE

FINE ($)

TOTAL

NO.

Stop on path / strip in built-up area $106.00 2

Stop in parking area for disabled $531.00 9

Stop within 10 metres of intersection no traffic lights $248.00 2

Disobey ‘No Stopping’ sign $248.00 4


Not parallel parked in direction of travel $177.00 2

Not position rear of vehicle correctly $106.00 2

Stop in Loading Zone $177.00 5

Stop at/near bus stop (9325) $248.00 3

Stop near post box $106.00 2

Obstruct access to ramp/passageway/path $106.00 1

Abandon motor vehicle $550.00 3

Allow escape of loose material $523.00 1

Companion animal not registered as required not dangerous/menacing/restricted dog

$275.00 3

Not identify companion animals as prescribed not dangerous/menacing/restricted dog

$165.00 1

In charge of dog not under control in a public place $220.00 1

Unlawfully remove plant/animal/rock/soil from public place $220.00 1

Pollute land - Individual $4000.00 1

TOTAL 43

Number of Cautions Issued August 2015:

Dogs: 10 Street/Parking: 23 Campers: 1

Signs: 0 Overgrown: 8

The following is provided for Council's further information:

Allow escape of loose material - issued for waste falling off a vehicle at Darawank causing a dangerous traffic situation.

Unlawfully remove plant… - for tree removal from a footpath at Tea Gardens.

Pollute land - Individual - for several loads of demolition waste deposited on land at Pindimar

RECOMMENDATION:



12 PES - Minutes for Wallis & Smiths Coast & Estuary Committee

Index: NS-EST-W/L-S/L; Estuary Coastal Management-Smiths & Wallis Author: Natural Systems Projects Officer - Prue Tucker Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

The Minutes of the Wallis & Smiths Coast & Estuary (WSCE) Committee meetings held in 26 November 2014 and 25 February 2015 are submitted for information.


It is recommended that the Minutes of the Wallis & Smiths Coast & Estuary Committee meetings referred to be noted.


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


A: Minutes of the Wallis & Smiths Coast & Estuary Committee Meeting held 26 November 2014 and related Project Progress Report

B: Minutes of the Wallis & Smiths Coast & Estuary Committee Meeting held 25 February 2015 and related Project Progress Report

The Attachments have been circulated in hard copy to Councillors and Senior Staff only, as a paper conservation measure, however, they are publicly accessible on Council's Website, with hard copies available on request.

REPORT:

The minutes of the WSCE Committee meetings of 26 November 2014 and 25 February 2015 were moved as a true and accurate record by the Committee members.

RECOMMENDATION:

It is recommended that the Minutes of the Wallis & Smiths Coast & Estuary Committee for the meetings of 26 November 2014 and 25 February 2015 be noted.


DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT

13 CCD - 2015-16 Revotes - Incomplete 2014-15 Works & Projects

Index: Financial Management General Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

To allow Council to consider the revoting of expenditure from 2014/2015 into the 2015/2016 budget.


That the amounts set out in Attachment A be revoted into the 2015/2016 budget.


Nil.


Nil.

LEGAL IMPLICATIONS:

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2005.

LIST OF ANNEXURES:

Nil.


A: Great Lakes Council - Revotes Report 2016

REPORT:

A part of the process of completing the 2014/2015 Annual Accounts involves each section of Council reviewing their expenditure programs at 30 June to identify items that are: still underway at that date; committed to commence in the new financial year or savings that are identified to be allocated to projects in the new financial year. These are generally referred to as revotes. There is a legislative need for Council to consider these items and to resolve for their inclusion in the current year budget. From this process approval is sought to revote an amount of $14,458,352 into the 2015/2016 budget. This amount is broken up by funding source in the following table.


Funding Source Amount

2014/2015 Revenue $998,527

Pre 2014/2015 Revenue $201,431

Environmental Levy $1,434,758

Stormwater Levy $475,067

Grants & Contributions to be received $1,795,362

Restricted Contributions $361,218

Restricted Assets $4,265,326

Reserves $1,391,442

Unexpended Loans $1,776,664

Unexpended LIRS Loans $1,302,225

Section 94 Contributions $456,332

Total $14,458,352

Attachment A shows the detailed projects and areas that make up this amount. As in previous years senior management has reviewed the revotes report prior to its finalisation. The revenue items presented are predominantly for items that had either commenced prior to 30 June or were / are scheduled to commence in the near future or represented Council's contribution towards programs that also involve external funding sources. The total amount proposed to be revoted into 2015/2016 has increased on the amount revoted into 2014/2015 by $2.6 million. The movements are identified in the table below and includes some identifier of the major items that have contributed to the movement.

Funding Source Movement Comments

2014/2015 Revenue $487,969 increase $267k for Building & Aquatic Centre works, $240k for Rural Reseals & Rehab program.

Pre 2014/2015 Revenue $182,661 decrease Works to be funded from previous years revenue completed during 2014/2015.

Environmental Levy $204,818 increase Completion of reconciliation of funds. Funding for Wallis Lake Wetland Strategy Implementation & Corrie Channel dredging accumulated contributing to increase in balance.

Stormwater Levy $83,629 decrease Works completed during 2014/2015.

Grants & Cont's to be received $855,456 increase Jimmys Beach Sand Renourishment funding.

Restricted Contributions $361,218 increase New heading for 2015/2016 - previously contained within Restricted Assets total. Strategic Planning contributions to works from 3rd parties / developers.

Restricted Assets $1,889,542 increase Grant funding held for works / programs. $225k Forster Boat Harbour, $111k CEEP funding, $83k Ageing & Disability funds, $1.3 mill Jimmys Beach project.

Reserves $899,132 increase $480k Building & Aquatic Centre works, $130k ICT projects, $150K Community Recycling program, $240k Jimmys Beach project.

Unexpended Loans $427,446 decrease Works completed during 2014/2015 utilising unexpended loan funding.

Unexpended LIRS $1,123,789 decrease LIRS funded works completed during 2014/2015 as part of 3 year works program.

Section 94 Contributions $245,934 decrease Section 94 funded roadworks completed in 2014/2015.

Total $2,634,676 increase


The increase in the revenue revote is considered to be acceptable given the nature of the works which are to be funded i.e. asset related works while the decrease in previous years revenue is also pleasing indicating that works are being completed. It should also be noted that the Lower Myall River / Jimmys Beach Program adds $3.27 million into the revotes for 2015/2016. Excluding that amount would result in a decrease in total revotes between 2014/2015 and 2015/2016. It is recommended that Council approve the revoting of the expenditure outlined in the attachment into the 2015/2016 budget.

RECOMMENDATION:

That the amounts set out in Attachment A be revoted into the 2015/2016 budget.


14 CCD - Renewal of Alcohol Free Zones in Forster and Tuncurry

Index: Alcohol Free Zones Author: Administrative Officer - Yvette Ellis Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Renewal of Alcohol Free Zones in Forster and Tuncurry for four years (4) commencing 28 February 2016.


It is recommended that: 1. Council resolve to propose to re-establish the Alcohol Free Zones (AFZs) in Forster and

Tuncurry under the provisions of the Local Government Act 1993 for a period of four (4) years.

2. Areas to be included in the AFZs to be those shown on the diagrams at Annexures A and B.

3. The appropriate public consultation process be undertaken, including advertising in a local newspaper circulating in the Forster/Tuncurry area and notification by post to relevant businesses operating within the proposed areas.


Nil.


Nil.

LEGAL IMPLICATIONS:

Alcohol Free Zones established under the provisions of the Local Government Act 1993.

LIST OF ANNEXURES:

A: Map of AFZ in Forster.

B: Map of AFZ in Tuncurry.

C: Comments from NSW Police - Manning/Great Lakes LAC Crime Management Unit.

D: Relevant section on Street Drinking from the Local Government Act.


Nil.


REPORT:

Provision has been made in the Local Government Act for the establishment of AFZs which prohibit the consumption of alcohol in public roads, car parks and footpaths within the zone. A proposal to establish an AFZ must be supported by evidence that the public's use of the area has been compromised by the behaviour of street drinkers, eg vandalism, littering, offensive behaviour etc. AFZs are enforced by Police or Council officers where the Commissioner of Police has given authorisation relating to a special event. AFZs are in force for a maximum of four (4) years and operate twenty-four (24) hours a day. The AFZs in Forster and Tuncurry were last renewed on 28 February 20012, and are due to expire on 27 February 2016. The defined areas of the AFZs are as follows:

Forster: All public roads, public car parks and footpaths within the area bordered by (and including) West Street from the ocean baths to Middle Street, a "line" from the West and Middle Streets intersection to Wallis Lake, and Head Street from West Street to Hadley Street and the waterline connecting those extremities (excluding the caravan park, surf club function rooms and Council licenced eating areas at BYO restaurants) as shown at Annexure A.

Tuncurry: All public roads, public car parks and footpaths within the area bordered by (and including) Rockpool Road, Parkes Street, Lake Street, Manning Lane, Taree Street, Point Road, Recreation Lane and the waterline connecting those extremities (excluding the caravan park and Council licenced outdoor eating areas at BYO restaurants) as shown at Annexure B.

In additional to the establishment of these AFZs, Council has also resolved to prohibit the presence of alcohol in public reserves within the areas (excluding defined caravan parks and surf club function rooms) between the hours of 8pm and 6am under Section 632 of the Local Government Act 1993. The Ministerial Guidelines for the re-establishment of FAZs require Councils to consider the factors that originally supported the zoning (eg evidence that the public's use of the area has been compromised by the behaviour of street drinkers, vandalism, littering, offensive behaviour etc), the success or otherwise of the zoning and any additional relevant matters. Comments have been sought from the Manning/Great Lakes LAC Crime Management Unit regarding the re-establishment of the zones in Forster and Tuncurry and comments supporting the re-establishment of the zones are attached at Annexure C. Taking the above information into consideration, and noting that the current zones in Forster and Tuncurry expire on 27 February 2016, Council may now resolve to propose to re-establish the AFZs in Forster and Tuncurry for a four (4) year period commencing 28 February 2016. Following this resolution, the timeframe for re-establishment is as follows:

The proposal must be advertised in a newspaper circulating in the area with submissions invited within 30 days of the date of publication. Notification must also be sent to all relevant business organisations within the proposed zones, with submissions invited within 30 days of the date of notification.

Following completion of this public consultation process, and giving consideration to any submissions received, Council may, by resolution adopt a proposal to re-establish AFZs at Forster and Tuncurry. The resolution itself will establish the zones.

Council must advertise the re-establishment of the zones in a newspaper circulating in the area. The zones may not operate until seven (7) days after publication of this notice and until signage in the area has been updated.


RECOMMENDATION:

It is recommended that: 1. Council resolve to propose to re-establish the Alcohol Free Zones (AFZs) in Forster and

Tuncurry under the provisions of the Local Government Act 1993 for a period of four (4) years.

2. Areas to be included in the AFZs to be those shown on the diagrams at Annexures A and B.

3. The appropriate public consultation process be undertaken, including advertising in a local newspaper circulating in the Forster/Tuncurry area and notification by post to relevant businesses operating within the proposed areas.


ANNEXURES:

A: Map of AFZ in Forster


B: Map of AFZ in Tuncurry


C: Comments from NSW Police - Manning/Great Lakes LAC Crime Management Unit


D: Relevant section on Street Drinking from the Local Government Act


15 CCD - Update on ICT Strategic Plan

Index: Strategic Plan - IT Author: Manager Information Systems - Sharon McMeeken Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Update on the implementation of the Information Communication Technology (ICT) Strategic Plan 2013/2017.


That the information in the report be noted.


At this stage financial implications are unknown until investigations are complete.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Gap Analysis of existing Corporate Software Pathway Gap Analysis of existing Corporate Software Technology One


Nil.

REPORT:

Background The last update to Council of the ICT Strategic Plan 2013/2017 was as part of the Strategic Committee Meeting held on 2 December 2015. Information at the meeting included an overview of the plan in the form an executive summary, an update on ICT projects and a presentation of Council's Geographical Information System functionality including data structures and a demonstration of Exponare. This report provides an outline of achievements over the past ten months and gives an overview of projects scheduled for 2015/2016.


ICT Steering Committee The ICT Steering Committee meetings were held on 4 March and 2 September 2015. Agenda items tabled at the meetings included:

Update of the gap analysis of existing products and services has been developed and this detail will be taken into account when considering priorities for projects to be nominated for a phased approach to address the organisation's needs in moving forward. The current gap analysis of existing products is included in Annexure A - Pathway and Annexure B Technology One.

Nominations for project teams for Assets and Customer Service Requests

Nominations for a working team for the development of electronic letterheads

Approval of Proposal for Reflect MMS upgrade to android devices

High level overview of the results of the Internal Audit conducted in May 2015 which was presented to the Audit Committee 24 August 2015

Amendments to the ICT Steering Committee Charter to review membership and set meeting dates for the next 12 months.

ICT Strategic Plan Current Projects The following table provides information in relation to the current ICT projects and detail milestones and next steps for each initiative.

Goals Strategies & Actions

Projects Under Way

Next Steps

On-line Objectives (web/social media)

Open Cities Website Live 8/09/2015 Including Public Access GIS and ICON Plan

Phase 2 - ePathway in Testing

Online payments

DA Tracking

Request for Certificates

Corporate Approach

Promapp Live 17/03/2015 100 Indoor Staff trained

Train Outdoor Staff

Review Risk Module

Pathway OSMS (Onsite Sewage Management System)- Review commenced mid-April OSMS (Onsite Sewage Management System) - Mobile Inspections 4/09/2015 Applications Conditions (building) live Development Contributions (test)

Handover

Other Environment Inspections

Development/Engineering

Development Contributions (Prod)

AusFleet - Plant monitoring System Installed and being setup with majority of Plant items entered

Go Live date to be determined

Setup Plant maintenance schedules

Integration to Finance One

Helpdesk Helpdesk staff resource provided for 12 month period

Setup reference documents for self help

Online helpdesk requests

Technical Team to complete audit recommendations

Mobility Reflect Maintenance Management System Upgrade to Android

Report back to December 2015


Change of device to collect data in relation to road asset for inspection, recording defects and managing work schedules. Testing completed in April 2015 Extended 11 users July 2015

ICT Steering Committee meeting detailing efficiencies.

Standard Service Delivery

Upgrade Servers to Windows 2012 & SQL 2012 Pathway Upgraded Jan & March 2015 Finance One Upgrade June 2015

ECM November only certified for Windows 2008 & SQL 2008

ICT Strategic Plan Priorities The following table identifies projects that have been identified as a priority. Firm timeframes will be determined following initial investigations and the development of project plans including costs and resourcing.

Goals Strategies & Actions

Projects scheduled 2015/2016 Details

Intranet / Information / Knowledge

Intranet and Web Portal for councillors.

Nominate a project team

Develop scope

Review products available

Make recommendation

Nominate resources

Develop project plan - to nominate time frame

Corporate Approach

Pathway Customer Service Requests One staff resource has been provided for commencement late October


A specialised focus group has been nominated

Develop scope


Online submission

Mobile submission

Pathway Production of Electronic Documents for email Integration of Debtors to Licensing Module

Cost Reduction and improved service delivery

Introduce efficiencies

Corporate Performance Measurement & Reporting System) Review products available in the market and select most suitable option for council.

Demonstrations are scheduled for late October

Make a Recommendation

Nominate resources


Asset Management Review products available in the market

Project Team Nominated

Develop scope

Review products available

Make recommendation

Nominate resources



Technology One The gap analysis of existing products highlighted a number of modules that have not been implemented. Due to current competing tasks, prioritisation and development of a work plan has not been developed. For details refer to Annexure B Technology One



Mobility Connectivity Identify Mobile Blackspots Provide Wi-Fi access in council buildings Devices and Plans Review current contract Selection of preferred devices Mobile Device Management

Report to Telcos / check funding

Easy access to sync devices on return from the field

Access to better pricing

Ease of access for users

Security

Standard Service Delivery

Internal Audit Develop work plan to implement recommendations based on priorities as agreed with Management

Develop a project plan - to nominate time frame to implement changes

Review ICT Strategy to include recommendations

Participate in the Development of Business Continuity Plan for Council

Internal Audit RMS Bird Cameron conducted an audit of Councils general IT controls environment in March 2015. The results of the audit were presented to the Internal Audit Committee meeting held 24 August 2015 and detailed a number of recommendations in relation to the ICT Strategic Plan including:

Network and processing redundancy, backup and recovery, disaster recovery

Software currency, compatibility and support

ICT human resources (Skills, experience, depth, training)

Formal Operational Plans

ICT Service Catalogue and Service Level Agreements These tasks have been included in the table above under the goals strategies and actions - Standard Service Delivery - Internal Audit.

RECOMMENDATION:



ANNEXURES:

A: Gap Analysis of existing Corporate Software Pathway


B: Gap Analysis of existing Corporate Systems - Technology One


16 CCD - Community Broadband Development Program Update

Index: Telecommunications General Author: Manager Information Systems - Sharon McMeeken Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

The purpose of this report is to provide an update of the Community Broadband Development Program (CBDP) progress to date including an overview of implementation of services for Great Lakes Council as requested at the Strategic Council Meeting of 12 May 2015 and also a response from CountryTell in relation to progress in the implementation of the Community Broadband Development Program.




The initial report indicated a savings of approximately $10,000 per annum are expected to be achieved for the supply of telecommunications services. At the end of the financial year 2014/2015 funds available for the telecommunications allocation were $12,503.


Providing improved access to telecommunications services was a specific strategy identified in Great Lakes 2030.

LEGAL IMPLICATIONS:

The contract with CountryTell was entered into under the Local Government Procurement Contract LGP407-2.

LIST OF ANNEXURES:

A: Response from CountryTell in relation to an Update of Community Broadband Development Program


Nil.

REPORT:

BACKGROUND

Council resolved in principle to participate in the NSW Community Broadband Development (CBD) Program at the Ordinary Meeting 26 June 2012.

At the Strategic Meeting held on 9 October 2012 Council resolved to enter into a service agreement based on services available from CountryTell as part of the Local Government Procurement Contract LGP407-2 for the supply of telecommunications services for a three year period with an option to extend for two one year terms at the end of the contract.


Council subsequently sought further details. Additional information was provided at the Ordinary Meeting 27 November 2012 and Council resolved to proceed in line with the resolutions of the 9 October 2012 meeting. Contracts were entered into in early February 2013.

At the Strategic Council Meeting of 12 May 2015 Council requested an update in relation to the status of Community Broadband Development Program and implementation of services for Great Lakes Council.

CountryTell Services provide to Council

The service provision contract with council includes wide area network, Internet Services and Telephony. The following services are now fully operational and are proving to be very reliable.

Location Wide Area Network Connected

MS Lync Live

Internet 10/02/2014 Not Applicable

Forster

Council Chambers 14/02/2014 19/02/2015

Aged & Disability services 14/02/2014 19/02/2015

Library 14/02/2014 19/02/2015

Visitor Information Centre 14/02/2014 19/02/2015

Tuncurry

Depot 14/02/2014 19/02/2015

Emergency Service Centre 14/02/2014 Not applicable

Tuncurry Waste Management Centre 14/02/2014 Not applicable

Tea Gardens/Hawks Nest

District Office 10/03/2014 24/06/2015

Library 10/03/2014 24/06/2015

Aged & Disability Office 10/03/2014 24/06/2015

Depot 04/03/2014 24/06/2014

Resource Recovery & Waste Transfer Station 04/03/2014 Not Applicable

Bulahdelah

Depot 10/03/2014 24/06/2015

Resource Recovery & Waste Transfer Station 01/06/2014 Not Applicable

Stroud

District Office, Library and Aged & Disability 10/03/2014 11/08/2015

Staff located at headquarters precinct office are using the conference call and video link functionality in MS Lync to conduct meetings with external parties and it is intended to install webcams at the Depots and District Offices by the end of September to allow video conferencing from each site.

Improved Mobile Services

During the implementation of the Community Broadband Development Program and implementation for communication services provide by CountryTell, Telstra has been in contact with council to gauge the satisfaction of services provided by CountryTell and as a result Telstra has been actively improving mobile services in Forster/Tuncurry and Tea Gardens/Hawks Nest townships and surrounding areas, both now have access to Telstra 4GX. The improved mobile services are a benefit to the community, however, Stroud and Bulahdelah still only have Telstra 3G available within the town areas. Council is waiting for a response from Optus in relation to an update of coverage maps and scheduled upgrades in the council area. It is intended to review Council contracts for mobile service provision over the NEXT couple of months.

NBN

At this stage the rollout plan for NBN in the Forster/Tuncurry, Green Point, Smiths Lake, Nabiac and Bulahdelah areas were nominated in the NBN Multi-Technology Deployment Principles Rollout Plan issued 2 July 2015. This indicates that preliminary designs have commenced and that work should commence by the third quarter in 2016 and completion would be third quarter 2017.


The mynbn.info website indicates that fixed wireless services are available in some surrounding areas of Nabiac, Coolongolook, Coomba Park, Wootton, Willina and the north-west end of Wallis Lake. Details on the site also include that the fixed wireless services in the Stroud area has commenced the build and will be available for service 31 October 2015.

Community Broadband Development Program (CBDP) Update

An information session was held with Council and Rohan Green representing CountryTell at the Ordinary Council Meeting of 26 May 2015. During the session Council requested feedback on a number of issues. Council has received a response with details in relation to the role out of the CBDP in the council area this document is included in the report as Annexure A.

Council will now work with CountryTell representatives to identify suitable sites to enable public Wi Fi to be provided throughout the council area as an incentive of the Community Broadband Development Program.

RECOMMENDATION:

That information in the report be noted.


ANNEXURES:

A: Response from CountryTell in relation to an Update of Community Broadband Development Program


17 CCD - Investment Report - August 2015

Index: Investments Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

Council's Investment report as at 31 August 2015 is provided in accordance with Part 9, Division 5, Section 212 Local Government (General) Regulations 2005.


That the report be received and noted.


Interest received to the month ending 31 August 2015 was $86,872 with a further $243,580 accrued in respect to the current financial period, totalling $330,452 for the year to date.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

A: Investments held as at 31 August 2015 B: Monthly Interest Comparison C: Responsible Accounting Officer Certificate


Nil.

REPORT:

Pursuant to Part 9, Division 5, Section 212, Local Government (General) Regulations 2005 Clause 1(a) attached (Annexure A) are details of all money that Council has invested in accordance with Section 625 of the Local Government Act 1993. Council’s investments as at 31 August 2015 amounted to $57,534,406. It should be noted that the amount currently invested represents all Council’s external and internal restrictions (i.e. grants, Section 94 funds, loans, crown reserves, etc) as well as cash flow requirements of which a detailed summary is included in Council's Investment Policy to the 30 June 2014.


The following table provides a summary and movement of Investments for the month of August 2015.

Investment Type Opening Balance

Movement Closing Balance

Fair Value Portfolio %

Term Deposits $31,500,000 -$250,000 $31,250,000 54.32%

Managed FRNs & FTDs $20,492,640 $1,000,000 $21,492,640 37.36%

11am Call Deposits $2,534,455 $2,257,311 $4,791,766 8.33%

Total $54,527,095 $3,007,311 $57,534,406 100.00%

Whilst Annexure A provides a detailed summary of each investment held by Council, the following table provides an analysis of those investments based on their maturity horizon, the actual amount and percentage invested, the benchmark return and the actual weighted average return for the month.

Investment Horizon

Amount Invested Actual % of

Portfolio Targeted Minimum

Return

Weighted Average Monthly Return

Investment

On Call $4,791,766 8.33% Cash Rate (2.00%) 2.26% On Call Accounts

0-3 Months $16,000,000 27.81% BBSW +20-40 (2.34%) 3.00% Term Deposits, FRNs, FTDs

3-6 Months $9,500,000 16.51% BBSW +30-50 (2.44%) 3.18% Term Deposits, FRNs, FTDs

6-12 Months

$7,742,640 13.46% BBSW +40-60 (2.54%) 3.54% Term Deposits, FRNs, FTDs

1-2 Years $6,000,000 10.43% BBSW +80-100 (2.94%)

3.89% Term Deposits, FRNs, FTDs

Greater $13,500,000 23.46% BBSW +100 (3.14%) 3.50% Term Deposits, FRNs, FTDs

$57,534,406 100.00%

Council uses a weighted average when determining the return (interest rate) on investments within any given period. A weighted average calculation takes into account the interest rate applied to each investment and the actual amount of each investment. The greater the amount invested the more weight its interest rate carries. As can be seen from the above table, Council's investments remain heavily weighted towards the shorter term, however longer term investments are being purchased when suitable returns are attainable. The following table provides a break-up of Council's investments into long and short term with their corresponding credit ratings.


Credit Quality Dissection

Long Term Credit Rating

% Of Portfolio

Short Term Credit Rating

% Of Portfolio

AA 6.95% A1 48.73%

A 10.43% A2 13.90%

BBB & Unrated 6.08% Unrated 13.90%

23.46% 76.54%

Long term investments are investments with a maturity of greater than 2 years

One of the primary goals of any investment portfolio is to ensure that there is suitable diversification in how funds are invested and whilst Council has predominately used Term Deposits in recent years it has been conscious of not over investing with any one institution. The following table provides a summary of Council's investments dissected into counterparties (organisations), credit ratings, maximum limits for each credit rating as determined in Council's Investment Policy and the current level of exposure with each counterparty.

Organisation Credit Rating Limit Actual

NAB A1/AA 25% 16.50%

Bank QLD A2/A+ 15% 8.69%

Bank West A-1+/AA- 25% 8.69%

AMP A-1/A 15% 7.02%

CBA A1/AA- 25% 6.08%

Bendigo A2/BBB+ 10% 5.21%

CUA BBB+ 10% 5.21%

Greater A2/BBB 10% 5.21%

ING A1/A 15% 5.21%

Macquarie Bank A 15% 5.21%

Suncorp A1/A+ 15% 4.35%

ME Bank A2/BBB 10% 3.48%

Police Credit Union SA NR 6% 3.48%

St George A1/AA- 25% 3.48%

ANZ A-1+/AA- 25% 2.61%

BCCCU NR 6% 1.74%

People's Choice CU A1/A 6% 1.74%

Police Bank A2/BBB+ 10% 1.74%

RaboDirect P-1/Aa2 25% 1.74%

Teachers Mutual Bank BBB+ 10% 1.74%

Newcastle Permanent BBB+ 10% 0.87%

The total interest physically received to the month ending 31 August 2015, was $86,872 with a further $243,580 accrued in respect to the current financial period, totalling $330,452 for the year to date.

RECOMMENDATION:

That the report be received and noted.


ANNEXURES:

A: Investments held as at 31 August 2015


B: Monthly Interest Comparison


C: Responsible Accounting Officer Certificate


18 CCS - List of Outstanding Reports

Index: Council Meetings Author: Director Corporate & Community Services - Steve Embry Ordinary Meeting: 22 September 2015

SUMMARY OF REPORT:

A current list of all outstanding reports is shown within this report and details the current status of each item.


This list of outstanding reports shown in the report is submitted for Council's noting.


Nil.


Nil.

LEGAL IMPLICATIONS:

Nil.

LIST OF ANNEXURES:

Nil.


Nil.

REPORT:

The following is the list of all outstanding reports and details the current status of each item.

DATE ITEM NO

WHO MEET ITEM STATUS

12/11/2013 6 DES SC That Council reopen the Tuncurry Pool for 2013/14, allocate the $45,000 required to open the pool and that a further report be provided on accurate ongoing costs and usage of the pool.

Council has obtained asset condition reports for all pools and is preparing a consolidated report to enable a priority program to be developed for consideration by Council. Due to Annual Leave the report has been delayed and should be finalised by October 2015.

11/03/2014 3 DES SC A report be bought forward on the development and maintenance of a Significant

Information is being collated on significant trees within the LGA. A search of other councils is


Tree Register which would include trees listed in the Heritage Study. A review of the Tree Preservation Order is to be undertaken which will incorporate information on a significant tree register

also being undertaken to establish the options for the operation of a Significant Tree Register.

14/10/2014 Late Bus

PES SC Follow up on the protocols for the issuing of fines and report back.

Will be completed on appointment of Senior Ranger (Regulatory Services Coordinator).

28/10/2014 7 DES Ord That this item be deferred for a strategic report looking at the viability of the operational requirements of the SES into the long term future.

Discussion held with MidCoast Water and possible site located at Tuncurry. Initial environmental assessment has indicated that full environmental assessment is required.

14/04/2015 1 DPES Ord That a report be brought back on options for the regulation of cats.

Report to Council 27 October 2015.

28/07/2015 Arising out

of minut

es

DES Ord That a further report be brought forward on the matter of controlling traffic speed around the Boronia Park sporting fields

Options are currently being investigated.

08/09/2015 5 DCCD

SC Bulahdelah Library - a further report come back to Council in October 2015.

Report to Council 27 October 2015.

RECOMMENDATION:

This list of outstanding reports shown in the report is submitted for Council's noting.


CLOSED COUNCIL

19 ESCONF - Tender Harry Elliot Oval Grandstand

Index: Harry Elliot Oval Grandstand; TEN-PR-BD-HARRY-15A Author: Projects & Contracts Engineer - Stuart Small Ordinary Meeting: 22 September 2015

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it

Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.

20 ESCONF - Tender for Quarry Products

Index: Quarries General; TEN-OP-QUARRY-15A Author: Projects & Contracts Engineer - Stuart Small Ordinary Meeting: 22 September 2015

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it

Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.

Glenn Handford GENERAL MANAGER