Council

Lismore City Council acknowledges the people of the Bundjalung nation, traditional custodians of the land on which we work.

 

 
 

 


An ORDINARY MEETING of LISMORE CITY COUNCIL will be held at the Council Chambers, 43 Oliver Avenue, Goonellabah on

Tuesday, 9 September 2014 at 6.00pm

 

Members of Council are requested to attend.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gary Murphy

General Manager

3 September 2014

 


Agenda

1.    Opening of Meeting and Prayer (Mayor)

 

2.    Apologies and Leave of Absence 

 

3.    Confirmation of Minutes

Lismore City Council held 12 August 2014.......................................................................................... 86

 

4.    Disclosure of Interest

 

5.    Public Access Session

 

6.    Public Question Time

 

7.    Mayoral Minutes (in Confidential)

 

7.1 Condolence – Barry Stewart 20.3.1932 – 11.8.2014

 

8.    Notice of Rescission Motions

 

9.    Notice of Motions

9.1       High Speed Rail Report.............................................................................................................. 6  

 

10.  Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Access)

 

11.  Reports

11.1     Planning proposal - second round of general amendments LEP 2012...................................... 8

11.2     Planning proposal - relcassification with some rezoning of selected Council owned land...... 15

11.3     Carried Forward Works and Re-vote Works from 2013/14..................................................... 34

11.4     Lismore Sport and Recreation Fund recommendations.......................................................... 46

11.5     Election of the Deputy Mayor................................................................................................... 51

11.6     Sister, Twin City and Friendship Cultural Relationships........................................................... 53

11.7     Investments - August 2014....................................................................................................... 59

 

12.  Committee Recommendations

12.1     Traffic Advisory Committee - Minutes of Meeting held 20 August 2014................................. 70

 

13.  Documents for Signing and Sealing

13.1     Documents for Signing and Sealing......................................................................................... 79

 

14.  Financial Assistance – Section 356

14.1     Financial Assistance – Section 356 Report.............................................................................. 81  

 

15.  Questions Without Notice

 

16.  Confidential Business

16.1     Rates and Charges Hardship Application................................................................................. 84

16.2     Sale of Airport Hangar Site 17 - 17/40 Three Chain Road, South Lismore............................. 84

16.3     General Manager's Annual Performance Review................................................................... 85  

 


 

  

 

 

 

 

 

 

 

 

Notice of Motions

 

 


Notice of Motion

Notice of Motion

Councillor Simon Clough has given notice of intention to move:

 

 

 

That Lismore City Council writes to the Minister for Infrastructure and Regional Development the Hon. Warren Truss and the Minister for Trade and Investment the Hon. Andrew Robb AO, MP to recommend acceptance and implementation of the Zero Carbon Australia High Speed Rail Report.

 

Councillor Comment

The High Speed Rail Project is a collaboration between Beyond Zero Emissions (BZE), the German Aerospace Centre (DLR), and the University of Melbourne Energy Research InstituteThis report is based on what an actual builder and operator of high speed trains has experienced.  The report has identified the routes, the station locations, fares and even a train timetable.  The authors believe that the whole network, Melbourne to Brisbane can be delivered in 10 years and would cost $30 billion less than the costing from the previous Commonwealth Government.

 

Lismore would be the third stop going south, i.e. Brisbane, Gold Coast then Lismore. The location of the Lismore HSR station is shown on the south side of the Showgrounds adjacent to the existing rail line which could be used for local connecting services.

 

The timetable shows the first train leaving Lismore at 5.59am and arriving at Sydney Central at 8.33am.  That’s 2.5 hours.  There are hourly trains thereafter until 10.00pm.  Going north it would be 45 minutes to Brisbane and 20 minutes to Nerang.  Fares have been estimated at roughly 2/3 of current air fares.  The table on page 19 shows 1.3 million passengers moving through Lismore HSR station per annum.

The proposed HSR network can be powered by 100% renewable energy. It is estimated that greenhouse gas emissions from regional travel would be reduced by 150 million tonnes of carbon dioxide equivalent over 40 years of operation compared with business-as-usual. Emissions created from the HSR construction would be offset after 5 years.

$84 billion is the total estimated construction cost including rolling stock, project management and contingency. Further information is available at:


http://bze.org.au/zero-carbon-transport-high-speed-rail

 

Staff Comment

 

Not required.

 

 

Attachment/s

There are no attachments for this report.

 

TRIM Record No:

BP14/746:EF13/502

 

  


 

 

 

 

 

 

 

 

 

Reports

 

 


Report

Report

Subject

Planning proposal - second round of general amendments LEP 2012

TRIM Record No

BP14/649:EF13/329

Prepared by

Senior Strategic Planner

Reason

To report to Council regarding the outcomes of the public exhibition and consultation with public authorities. To obtain a resolution of Council to proceed to making the draft LEP.

 

Executive Summary

This report provides Council with an overview of the progress of LEP 2012 Amendment No. 10 – second round of general amendments.

 

The general amendments include:

·  the amendment of the minimum lot size for village areas that do not have a reticulated sewerage system

·  corrections of minor anomalies to the Lot Size Map and the Land Zoning Map

·  refinement of clause 4.2E Exceptions to the minimum subdivision lot sizes for certain split zones

·  minor amendments to the land use table

·  amendments to Schedule 2 Exempt Development and Schedule 3 Complying Development.

 

Background

Council resolved to forward the general amendments planning proposal to the Department of Planning and Environment (DP&E) at its ordinary meeting of 8 April 2014. The Council resolution follows:

 

1.          Council support the planning proposal for general amendments to LEP 2012 as detailed in Attachment 1.

 

2.          The planning proposal for the general amendments to LEP 2012 as detailed in Attachment 1 is forwarded to Planning and Infrastructure seeking a gateway determination.

 

3.          Council lodge a request with Planning and Infrastructure seeking to exercise plan making delegations under s59 of the EP&A Act 1979.

 

The planning proposal, as exhibited, is attached to this report (Attachment 1) and an overview is provided in Table 1 below. A gateway determination was issued on 30 April 2014, a copy of which is attached to this report (Attachment 2). The planning proposal has been publicly exhibited and public agency consultation has been undertaken.

 


Table 1 – overview of general amendments planning proposal

Item

Overview

Justification

1. Minimum lot size in village areas and South Gundurimba without reticulated sewerage systems

Amend the Lot Size Map for the following areas so that the development standard changes from 1000m2 to 2500m2:

·    Bexhill – Zone RU5 Village

·    Clunes – Zone RU5 Village

·    Dunoon – Zone RU5 Village

·    Goolmangar – Zone RU5 Village

·    South Gundurimba – Zone R5 Large Lot Residential

·    The Channon – Zone RU5 Village

·    Wyrallah – Zone RU5 Village

 

Consistency with Lismore City Council On-Site Sewage and Wastewater Management Strategy 2013.

2. Minimum lot size of the Zone RU1 Primary Production portion of 123 Taylor Road, Chilcotts Grass

 

Amend the Lot Size Map for 123 Taylor Road, Chilcotts Grass so that the development standard that applies to the Zone RU1 Primary Production portion of the lot changes from 40ha to 10ha.

This will enable the subdivision of the Zone R1 General Residential portion and the creation of the residue Zone RU1 Primary Production lot with the existing dwelling house.

3. Minimum lot size of Zone B1 Neighbourhood Centre at North Lismore Plateau

 

Amend the Lot Size Map for the Zone B1 Neighbourhood Centre at North Lismore Plateau by removing the 40ha development standard.

This amendment is required to correct a mapping anomaly. Minimum lot size has not been applied to any other business zone.

4. Land Zone at 179 Bangalow Road, Howards Grass

Amend the Land Zoning Map by changing 1260m2 of Zone RU1 Primary Production to Zone R1 General Residential at 179 Bangalow Road, Howards Grass. Also amend the Lot Size Map so that a development standard of 400m2 applies to the Zone R1 area; and amend the Height of Buildings Map so that a development standard of 8.5m applies to the Zone R1 area.

 

This amendment is required to correct a mapping anomaly. Development application 07/436 approved a split zoned 1260m2 2(a) Residential and 1(a) General Rural lot for residential purposes. This 1260m2 portion of the 44ha Zone RU1 lot should have been translated to Zone R1 General Residential for consistency with the 2007 development consent issued for the land.

5. Clause 4.2E Exceptions to minimum subdivision lot sizes for certain split zones

Amend clause 4.2E so that the split rural/urban zones also include Zones RE1 Public Recreation, RE2 Private Recreation, SP2 Infrastructure and RU5 Village.

It has become evident that clause 4.2E does not cater for all urban subdivisions involving split zoned lots on the rural/urban interface. The clause currently does not permit the creation of an undersized Zone RU1 residue lot if the original lot also includes Zone SP2 Infrastructure, Zone RE1 Public Recreation, Zone RE2 Private Recreation or Zone RU5 Village.

 

6. Recreation facilities (indoor) in the industrial zones

Amend the land use table to permit recreation facilities (indoor) in Zone IN1 General Industrial and Zone IN2 Light Industrial.

Permitting recreation facilities (indoor) in the industrial zones is consistent with legislative requirements. These developments may include venues for dance, yoga, martial arts, gymnastics and the like.

 

Eleven other North Coast and Mid North Coast LEPs permit recreation facilities (indoor) in industrial zones.

 

7. Schedule 2 Exempt development and Schedule 3 Complying development

Amend Schedule 2 Exempt development and Schedule 3 Complying development by deleting the forms of development that were included in the Codes SEPP as of 22 February 2014.

 

The amendments are required for consistency with the changes introduced to the Codes SEPP on 22 February 2014.

8. Building identification signs

Amend the land use table so that building identification signs are changed from permissible without consent to permissible with consent in all zones except for Zone RU3 Forestry and Zone E1 National Parks and Nature Reserves.

 

The amendment is required for consistency with the changes introduced to the Codes SEPP on 22 February 2014.

 

Public exhibition and public agency consultation

Public agency and community consultation has been undertaken in accordance with the gateway determination. The planning proposal was publicly exhibited from 11 June 2014 to 11 July 2014. Council received three submissions in objection and one submission in support. Comments were also received from the NSW Rural Fire Service.

 

The public submissions and Government agency comments are attached to this report (Attachments 3 & 4 respectively) and Table 2 below provides a summary and assessment of the matters raised.

 

Table 2 – Public submissions and public agency issues and assessment

Issue

Assessment/Recommendation

Public submissions

 

Item 1. Minimum lot size in village areas without reticulated sewerage systems

 

Recent survey results in Clunes indicate that septic systems are generally working well on small allotments.

Now we are being told that blocks of land need to be bigger. The surveys are incorrect and Clunes people have been misled.

A report on existing on-site wastewater systems and the risks associated with retaining these systems, was recently completed by Dr Daniel Martens of Martens and Associates, dated May 2013, as part of the investigation of a future Clunes wastewater scheme.

 

The key finding of the Martens report is that the public and environmental health risks associated with the operation of on-site wastewater systems in Clunes are low.

 

This submitter raises a valid concern about the perceived contradiction between the Martens report conclusion and the proposed increase in new subdivision lot size i.e. Martens stated the risk was low even with the small lot size in the existing village. There are several aspects that better explain why this is not a contradiction namely:

1.  The Martens report also included a recommendation for increasing the lot size for new subdivisions. Larger lot sizes are required to accommodate on-site wastewater infrastructure constructed in accordance with current standards.

2.  The proposed increased minimum lot size applies to all village areas without reticulated sewerage systems across to the whole LGA not just Clunes. Therefore it has to allow room for on-site wastewater infrastructure across a range of slopes, soil characteristics and the like.

3.  The proposed larger lot size can be varied depending upon the characteristics of the site.

4.  The Martens report mainly dealt with an existing situation whereas the proposed lot size deals with new subdivisions.

The Martens report stated that it is acceptable to retain the current on-site wastewater systems on the proviso that Council continue to monitor their performance into the future. The report also recommends, inter alia, that the minimum lot size is increased to > 2000m2 for future subdivisions: “we recommend that Council investigate minimum allotment sizes for any future subdivision which would rely on on-site effluent management. At this stage we recommend [subject to further analysis] a preliminary minimum lot size of > 2000m2” (section 6.4 recommendation No. 6).

 

In previous reports commissioned in the 1990s, on-site wastewater systems in Clunes were assessed as failing against recognised criteria at the time. The reasons for the revised assessment of these systems are:

·   Over the years Council has worked with residents to progressively upgrade their on-site systems with more advanced technology.

·   Council has educated residents on water use reduction that has resulted in less liquid effluent volumes.

·   The criteria that systems were assessed against has evolved from prescribed compliance criteria to contemporary risk assessment modelling that looks at the constraints of individual sites and the overall public and environmental risks.

 

Older existing onsite wastewater systems typically consists of a tank and a single trench which occupy a significantly smaller area then the contemporary wastewater systems as required under Council’s On-Site Sewage and Wastewater Management Strategy 2013. It is not uncommon to require an area up to 500m2 for transpiration fields and associated buffers. The recommended 2500m2 development standard is consistent with the Martens report (min lot size > 2000m2) and the standard can be varied if justified under clause 4.6 LEP 2012.

Concern that people will not be able to maintain larger allotments.

This draft amendment to the minimum lot size will only affect new subdivisions. The proposed change will not place any additional requirements on landholders that currently occupy lots that are less than the proposed minimum lot size.

 

The larger allotments are required to accommodate the on-site sewage management system including tanks, transpirations fields and associated buffer distances. This additional area is required to be grassed which will require mowing; however, the maintenance regime for this area is likely to be less than gardens or more extensively vegetated areas.

Objection to the increased minimum lot size from 1000m2 to 2500m2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The objective for this part of the planning proposal is to ensure that the minimum subdivision lot size of village areas without a reticulated sewerage system, have an adequate area for the disposal of on-site wastewater in accordance with Council’s On-Site Sewage and Wastewater Management Strategy 2013.

 

The current minimum subdivision lot size of 1000m2 is generally not achievable under Council’s On-Site Sewage and Wastewater Management Strategy 2013 and the amendment more accurately reflects the achievable lot size. The proposed minimum lot size of 2500m2 for new subdivisions can be amended under LEP clause 4.6 if the applicant undertakes a land capability assessment and demonstrates that smaller lots can be created in accordance with the On-Site Sewage and Wastewater Management Strategy.

 

It is recommended that this proposed amendment proceeds as publicly exhibited.

 

It appears from the proposal that it is no longer intended to provide a reticulated sewage system for Clunes, partly as a result of a recent report which showed that it is not necessary. If this is the case, why the change to the minimum lot size? This is inconsistent.

Council’s current Strategic Business Plan for Water Supply and Wastewater Services, adopted by Council on 13/05/14, makes no provision for installation of a sewerage scheme at Clunes, or any other of the villages within the local government area, within the 30 year capital works program.

 

Council’s current position on the provision of a reticulated sewage system in Clunes was informed by, amongst other things, a report prepared by Dr Daniel Martens of Martens and Associates in May 2013. The key finding of the report by Dr Daniel Martens is that the public and environmental health risks associated with the operation of on-site wastewater systems in Clunes are low. The report incorporates multiple recommendations including, “we recommend that Council investigate minimum allotment sizes for any future subdivision which would rely on on-site effluent management” (section 6.4 recommendation No. 6).

 

The change to the minimum lot size is for future subdivision of land. This proposal will have no impact on the majority of existing small village allotments. The proposal is consistent with Council’s On-Site Sewage and Wastewater Management Strategy 2013. The proposal is consistent with the recommendations of the 2013 report by Dr Daniel Martens.

 

The proposal should also say that the minimum lot size will be returned to the current 1000m2 if and when a suitable effluent disposal system is installed in Clunes.

 

The Minimum Lot Size Map can be amended through a planning proposal at any stage with the resolution of Council.

It is in wet periods rather than in droughts that we need to be careful with water use to minimise the water loading on each block.

 

It is acknowledged that periods of high rainfall decreases the capacity of soil to disperse wastewater.

Item 2. 123 Taylor Road, Chilcotts Grass

 

Support for this item of the planning proposal.

Noted

 

It is recommended that this proposed amendment proceeds as publicly exhibited.

 

Item 4. 179 Bangalow Road, Howards Grass

 

Objection regarding the proposed application of Zone R1 General Residential at 179 Bangalow Road, Howards Grass. The basis for the objection “it will deter from future plans for the land by the owner.” The owner seeks to maintain the existing Zone RU1 Primary Production over the entire allotment.

 

Although unstated in the written submission, the owner expressed concern at a meeting held at Council regarding reduced subdivision potential with the inclusion of Zone R1 General Residential. 

 

Development application 07/436 approved a split zoned 1260m2 2(a) Residential and 1(a) General Rural lot for residential purposes. This 1260m2 portion of the 44ha Zone RU1 lot should have been translated to Zone R1 General Residential for consistency with the 2007 development consent issued for the land.

 

The owner’s concerns over reduced subdivision potential with the inclusion of 1260m2 Zone R1 on a portion of the 44ha Zone RU1 lot are unfounded. Indeed the proposal creates the potential for the subdivision of a residential lot.

 

It is recommended that this proposed amendment proceeds as publicly exhibited.

Public agency comments

 

Rural Fire Service

The Rural Fire Service (RFS) had no objection to the planning proposal. The RFS provided additional advice regarding matters that are dealt with at development application stage.

 

No further comment regarding this submission is necessary.

 

Staff review of the planning proposal

Staff have reviewed the planning proposal as publicly exhibited and assessed the merits of the public submissions and public agency comments. No changes to the planning proposal are recommended.

 

Strategic Alignment
Detail associated with ongoing amendments to land use planning documents including the LEP and DCP do not appear in Imagine Lismore.

 

The general housekeeping amendments to the LEP include a mix of proposed modifications that are part of the recurrent activities associated with the maintenance of a contemporary Local Environmental Plan. The amendments are consistent with the community vision of Imagine Lismore. No additional funding is required for the planning proposal. 

 

Table No. 3 below provides a summary of the costs and benefits associated with the various elements of the planning proposal.

 

Table No. 3 – Cost/benefit analysis of the proposal

Element of the planning proposal

Cost

Benefit

Amendment to the minimum subdivision lot size for village areas without reticulated sewerage systems.

Nil

Consistency between LEP 2012 minimum lot size requirements and Council’s On-Site Sewage and Wastewater Management Strategy 2013.

Amendment to the minimum lot size at 123 Taylor Road Chilcotts Grass.

Nil

This amendment will enable the subdivision of recently rezoned residential land at Chilcotts Grass.

Remove the minimum lot size development standard that was erroneously applied to Zone B1 at North Lismore Plateau.

Nil

This will enable the lodgement of a development application for the subdivision of the land within the business zone without the use of LEP 2012 clause 4.6 Exceptions to development standards.

Rezone a 1260m2 portion of 179 Bangalow Road, Howards Grass to Zone R1 General Residential.

Nil

The proposal creates the potential for the subdivision of a residential lot.

Refine clause 4.2E Exceptions to minimum subdivision lot sizes for certain split zones.

Nil

This provides the opportunity for existing land within urban zones to be developed for the purpose for which it was intended.  

Amend the land use table for Zones IN1 and IN2 to permit recreation facilities (indoor).

Nil

This amendment will further enhance business opportunities in the local government area. The opportunity will exist for the development of dance studios, gymnasiums, martial arts centres and the like within the industrial zones.

Amendments to LEP Schedule 2 Exempt Development and Schedule 3 Complying Development and the land use table.

Nil

The changes will reduce confusion for users of the LEP.

 

There are minimal risks associated with the planning proposal. Council always has the opportunity to further amend the LEP if any of these proposed changes are deemed as inappropriate at some time in the future.

Comments

Finance

Not required.

Other staff comments

The contents of the planning proposal have been discussed with Compliance and Development staff. The matter of village on-site wastewater, in particular Clunes, was discussed with Council’s Compliance Coordinator. Council’s Strategic Engineer provided information regarding Council’s adopted Strategic Business Plan for Water Supply and Wastewater Services.

Public consultation

The planning proposal was publicly exhibited in accordance with the gateway determination from
11 June 2014 to 11 July 2014. Council received three submissions in objection and one submission in support. Comments were also received from the NSW Rural Fire Service. The submissions are attached to this report and they are summarised in Table 2.

Conclusion

Consultation with the public and Government agencies has not presented any impediments to the progress of the planning proposal.

 

In accordance with the Department of Planning and Environment’s written authorisation to exercise delegation, Council is now in a position to adopt and make the draft LEP.

 

It is recommended that Council adopt the general amendments and make the draft LEP.

 

Attachment/s

1.

Planning proposal - General amendments

(Over 7 pages)

2.

Gateway determination planning proposal to amend Lismore LEP 2012 Dept Planning

(Over 7 pages)

3.

Submissions (x4)

(Over 7 pages)

4.

Rural Fire Service comments

(Over 7 pages)

 

 

           Recommendation

That Council adopts the second round of general amendments to LEP 2012 as outlined in attachment No. 1 and make the draft LEP in accordance with the Department of Planning and Environment’s written authorisation to exercise delegation.

 


Report

Report

Subject

Planning proposal - relcassification with some rezoning of selected Council owned land

TRIM Record No

BP14/680:EF13/325

Prepared by

Senior Strategic Planner

Reason

To report to Council regarding the outcomes of the public exhibition, consultation with public authorities and the public hearing. To obtain a resolution of Council to proceed to the making of the draft LEP.

 

Executive Summary

This report presents details of the planning proposal as publicly exhibited and provides Council with the results of the public consultation and public hearing process.

 

The planning proposal involves ten Council owned sites, the majority of which are proposed for reclassification or part reclassification from Community to Operational. Three of the sites are also proposed for rezoning or part rezoning.

 

Reclassification of the land will in some instances better reflect the current use of the land, however, for the most part, the reclassification will allow Council to lease, sell or gift land for existing or future development.

 

The report recommends that Council adopt the planning proposal as exhibited, with the exception of the removal of one of the sites, and proceeds to the making of the draft LEP. 

 

Background

Council resolved to forward the reclassification with some rezoning planning proposal to the Department of Planning and Environment (DP&E) at its ordinary meeting of 11 March 2014. The Council resolution follows:

 

That Council:

1.    Support the planning proposal to reclassify and rezone land as detailed in Attachment 1.

2.    Forward the planning proposal for the reclassification and rezoning as detailed in Attachment 1 to the Department of Planning and Infrastructure to seek a gateway determination.

 

The planning proposal as reported to Council on 11 March 2014 consisted of eleven Council owned sites rather than the current ten sites. Shortly after the matter was reported to Council in March it was established that one of the sites (Site 5 – 258 Rous Road, Goonellabah) was already classified as operational, hence negating the need for the inclusion of this site in the planning proposal. Following a request from staff, DP&E withdrew this site. The Gateway determination is attached to this report (Attachment 1) and Council has complied with all of the conditions.

 

The planning proposal (amended in accordance with the conditions of the Gateway determination) as publicly exhibited is attached to this report (planning proposal - Attachment 2; LEP maps Attachments – 7 - 10) and is summarised in Table 1 below.

 

Note: Site numbering remains unchanged after the omission of Site 5 in order to avoid confusion.

 

 

Table No. 1 Summary of reclassification/rezoning as publicly exhibited

Site No.

Property Description

 

Reclassification

Zone, Height of Buildings & Minimum Lot Size Maps

1.

Part lot

1 Cowley Road, Dunoon (Lot 33 DP 1191273)

 

Community to Operational

No change

2.

36A Smith Street, Clunes (Lot 2 DP 830616)

 

Community to Operational

No change

3.

49 Cecil Street, Nimbin (Lot 3 DP 774889)

 

Community to Operational

No change

4.

60A Kadina Street, Goonellabah (Lot 105 DP 1066550)

 

Community to Operational

No change

5.

Removed from the proposal

 

 

 

6.

Part lot

216 Oliver Avenue, Goonellabah (Hepburn Park) (Lot 1 DP 553239)

 

Community to Operational

No change

7.

51 Deegan Drive, Goonellabah (Lot 38 DP 255009)

Community to Operational

Existing zone: RE1

Proposed zone: R1

Proposed HOB: 8.5m

Proposed Min lot size: 400m2

8.

3 Terania Street, North Lismore (Lot 1 DP 922522)

 

Community to Operational

No change

 

7 Terania Street, North Lismore (Lot 1 DP 772994)

 

Community to Operational

No change

9.

2 Krauss Avenue, South Lismore (Lot 13 DP 587445)

 

Community to Operational

No change

10.

Part lot

16 Taylor Street, South Lismore (Riverview Park – Lot 1 DP 122285)

 

Community to Operational

Existing zone: RE1

Proposed zone: IN1

Existing Min lot size: N/A

Proposed Min lot size: 1500m2

 

 

Operational to Community

Existing zone: IN1

Proposed zone: RE1

 

 

No change

Existing Min lot size for remaining existing IN1: N/A

Proposed Min lot size for remaining existing IN1: 1500m2

11.

2 Figtree Drive, Goonellabah (Lot 39 DP246195)

No change

Existing zone: RE1

Proposed zone: R1

Proposed HOB: 8.5m

Proposed Min lot size: 400m2

 

2A Figtree Drive, Goonellabah (Lot 76 DP248492)

Community to Operational

Existing zone: RE1

Proposed zone: R1

Proposed HOB: 8.5m

Proposed Min lot size: 400m2

 

Reclassification of Council owned land

The Local Government Act 1993 requires all land vested in a council (except a road or land to which the

Crown Lands Act 1989 applies), to be classified as either community or operational. The classification will generally be achieved by a Local Environmental Plan. Land classified as community is used by the general public. Operational land is generally used for a specific purpose which may exclude the general public for example water supply reservoirs, car parks, right of carriageways and the like. The purpose of classification is to distinguish whether the land is used by the general public (community) or not (operational). The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, lease or some other means.

 

The land that forms the subject of this report is primarily classified as community land. The exceptions are part site 10 and one of the lots in site 11 (refer to Attachment 2 and table 1) which are currently operational but are included in this planning proposal for rezoning. Land is to be classified as operational in accordance with the provisions of the Local Government Act 1993 before Council can divest of the asset.

 

Public hearing into Council land reclassification

Section 29 of the Local Government Act 1993 requires Council to arrange a public hearing under section 57 of the Environmental Planning and Assessment Act 1979 in respect of any proposal to reclassify community land to operational land. The purpose of a public hearing is to give the community an opportunity to make submissions to an independent party, either in person or in writing, about the proposed reclassification. The chair of the public hearing also prepares a report that must be considered by Council.

 

The public hearing was held on 14 July, 2014 and presided over by Rob van Iersel of Geolink. One member of the public made a verbal submission to the public hearing regarding Site 11. Council made the report on the public hearing available to the public within four (4) days of its receipt in accordance with the provisions of the Local Government Act 1993. A copy of the public hearing report is attached to this report (Attachment 3). The report recommends that the reclassification of Site 11 proceeds as publicly exhibited.

 

Public agency consultation

The NSW Rural Fire Service (RFS) was consulted in accordance with the Gateway determination and there were no issues or concerns raised in relation to bush fire. Comments from the RFS are attached to this report (Attachment 5).

Public exhibition and staff review

Public agency and community consultation has been undertaken in accordance with the Gateway determination. The planning proposal was publicly exhibited from 28 May 2014 to 27 June 2014. Council received three submissions in objection and one submission in support. In consideration of the public submissions and subsequent staff review, a recommendation is made for the omission of one of the sites. The submissions are attached to this report (Attachment 6).

 

The recommended amended planning proposal is attached to this report (Attachment 4). The following section of the report provides details on each of the sites, submissions and staff recommendations on how to proceed.

 


Site 1 - 1 Cowley Road, Dunoon (Lot 33 DP 1191273)

Background: A deck and shade shelter of the Dunoon & District Sports and Recreation Club encroaches into Balzer Park. An area of 117m2 needs to be reclassified from community to operational to enable the granting of an easement or the sale of this portion of the lot.

 

Submissions: Nil

 

Staff recommendation: The reclassification of the area highlighted in yellow above is to proceed as publicly exhibited.


Site 2 - 36A Smith Street, Clunes (Lot 2 DP 830616)

Background: Council resolved (107/13) to transfer ownership of 36A Smith Street, Clunes from Council to Clunes Community Pre-School for nil consideration. Reclassification from community to operational is required in order to transfer ownership of the land.

 

Submissions: Nil

 

Staff recommendation: The reclassification of 36A Smith Street, Clunes is to proceed as publicly exhibited.

 


Site 3 - 49 Cecil Street, Nimbin (Lot 3 DP 774889)

Background: Nimbin Agricultural & Industrial Society Inc. leases the 18,500m2 Bellevue Park and they have expressed an interest in purchasing the land. Reclassification of the land from community to operational is required if Council decides to dispose of the land.

 

Submissions: Nil

 

Staff recommendation: The reclassification of 49 Cecil Street, Nimbin is to proceed as publicly exhibited.

 

 


Site 4 - 60A Kadina Street, Goonellabah (Lot 105 DP 1066550)

Background: Council’s sewer infrastructure runs through the land and reclassification from community to operational is required to reflect the current use of the 17m2 lot.

 

Submissions: Nil

 

Staff recommendation: The reclassification of 60A Kadina Street, Goonellabah is to proceed as publicly exhibited.


Site 6 - Part 216 Oliver Avenue, Goonellabah, Hepburn Park (Part Lot 1 DP 553239)

Background: The reclassification of a portion of Hepburn Park that is sealed and used as an internal access road is proposed for reclassification from community to operational. Operational classification is required for this part lot in order to establish a right of carriageway over Council land as required under development consent 10/408.

 

Submissions: Nil

 

Staff recommendation: The reclassification of this part lot as delineated in yellow above is to proceed as publicly exhibited.


Site 7 - 51 Deegan Drive, Goonellabah (Lot 38 DP 255009)

Background: Deegan Drive Park is proposed for reclassification from community to operational in accordance with the Lismore Sport and Recreation Plan 2011 – 2021 “pocket parks divestment strategy” to rationalise small parks with poor functionality. The 415m2 allotment is maintained and used by the adjacent Anglican Church.

 

Submissions: A submission in support of the proposed reclassification and rezoning was received from the Anglican Church.

 

Staff recommendation: The reclassification and rezoning of 51 Deegan Drive, Goonellabah is to proceed as publicly exhibited. The zone is to change from Zone RE1 Public Recreation to Zone R1 General Residential. A minimum lot size of 400m2 and a maximum building height of 8.5m are to apply to the lot.

 


Site 8 - 3 & 7 Terania Street, North Lismore

Background: Both of these allotments were purchased in 2002 due to the flood risk of the location, under the voluntary house purchase scheme. No. 3 is located in Floodway and No. 7 is part Floodway and part High Flood Risk. There was a licence agreement in place between Council and an adjoining property owner for the afforestation of the allotments when the matter was reported to Council for a Gateway determination in March 2014. The rationale for the reclassification was to reflect the use of the land for this purpose, which was operational in nature.

 

Submissions: A submission was received from the adjoining landowner opposing the proposed reclassification. The grounds for the objection and staff comments are provided in table 2 below.

 

Table 2 – Summary of submission in objection

Grounds for objection

Staff comments

Council has been advised of the termination of the licence agreement therefore there is no need to reclassify the land to operational.

Council’s Coordinator Contracts and Property Services has confirmed that the licence agreement has been terminated. There is currently no need to reclassify the land.

There is an easement down the western edge of No. 7 Terania Street providing access to the rear of No. 9 Terania Street.

The proposed reclassification of this site did not include the extinguishment of any restriction on the title.

Council’s sewer infrastructure runs through allotments in nearby Bridge Street and over Slaters Creek. Access to this sewer infrastructure has been thorough No. 3 & 7 Terania Street. Existing gardens would be damaged if access to the sewer infrastructure was to be limited to the Bridge Street allotments.

In accordance with section 191A of the Local Government Act 1993, Council has the ability to enter premises to undertake construction or maintenance sewerage works. The need for entry is infrequent in this location and would generally only occur to remove a blockage. Access would be undertaken by whatever means was considered practical and reasonable.

No. 3 & 7 will not be developed due to the extreme to high flood risk associated with the land; therefore there is no short term impediment to future access through this land for sewerage works.

The submitter has in the past sought to purchase 3 & 7 Terania Street, but this was not accepted due the bridge to be built across the Wilsons River as part of the city ring road.

The reclassification was not proposed to allow for the sale of the lots. The Lismore Strategic Road Review adopted by Council at its ordinary meeting of 13 August 2013 did include provision of an additional river crossing by 2028 from Brunswick Street to Lake Street. This location could be subject to future review and Council owned riverside land in North Lismore should be retained in Council ownership.

The maintenance and tree planting on the allotments have involved the outlay of considerable work and cost. The original agreement with Council was to create a park for North Lismore residents. The submitter has expressed a sense of betrayal over any proposed sale of the land.

A site inspection of the two adjoining allotments revealed that the land was well maintained and had been the subject of reforestation works. The site is virtually undevelopable due to the high flood risk and the vegetated land adds to the visual amenity of the riparian end of Terania Street.

 

Staff recommendation: 3 & 7 Terania Street, North Lismore should be removed from the planning proposal and remain under community classification. The planning proposal as amended after the public exhibition process, including the omission of this site, is attached to this report (Attachment 4).


Site 9 - 2 Krauss Avenue, South Lismore

Background: 2 Krauss Avenue, South Lismore (Krauss Avenue Nature Strip) has an area of approximately 9000m2 and is within Zone RE1 Public Recreation. The recently issued development consent for a Masters Home Improvement Centre includes an access roundabout to be constructed across Bruxner Highway and through approximately 400m2 of the Krauss Avenue Nature Strip. The proposed reclassification is required to reflect the future use of the land.

 

Submissions: Nil

 

Staff recommendation: The reclassification of 2 Krauss Avenue, South Lismore is to proceed as publicly exhibited. 


Site 10 – Part 16 Taylor Street, South Lismore (Riverview Park)

 


Background: This site has already been subject to partial reclassification from community to operational and partial rezoning from Zone RE1 Public Recreation to Zone IN1 General Industrial as part of the Comprehensive LEP process. This current reclassification/rezoning is proposed to more accurately reflect the real extent of the operations of the adjacent Hernes Freight Service and the most appropriate zoning of the riverbank as RE1.

 

Submissions: Nil

 

Staff recommendation: The part reclassification and rezoning of 16 Taylor Street, South Lismore is to proceed as publicly exhibited.


Site 11 – 2 and 2A Figtree Drive, Goonellabah

Background: 2 Figtree Drive is already classified as operational and is within Zone RE1 Public Recreation. 2A Figtree Drive is classified community and is also within Zone RE1 Public Recreation. The proposed reclassification of 2A Figtree Drive and zone change of both lots to Zone R1 General Residential would potentially provide vehicular access to the adjacent eastern 69 Cythia Wilson Drive. This adjacent Council owned allotment is currently classified operational and Council resolved to rezone part of this allotment to Zone R1 General Residential at its ordinary meeting of 11 March 2014.

 

Submissions: Two submissions were received from adjoining residents opposing the proposed reclassification. The grounds for the objection and staff comments are provided in table 3 below.

 


Table 3 – Summary of submissions in objection

Grounds for objection

Staff comments

2 Figtree Drive was set aside for future road widening.

The Lismore Strategic Road Review adopted by Council at its ordinary meeting of 13 August 2013 did not include road widening for Cynthia Wilson Drive within the next 20 years.

The proposed reclassification and rezoning of 2A Figtree Drive is to enable access into the adjoining No. 69 Cynthia Wilson Drive for future residential development. Using 2A Figtree Drive as an access road would be dangerous.

Council’s Senior Strategic Engineer provides the following comments in relation to access to 69 Cynthia Wilson Drive through 2A Figtree Drive (extract from report recommending rezoning of 69 Cynthia Wilson Drive, Goonellabah, presented at ordinary meeting of Council on 11 March 2014).

 

The Senior Strategic Engineer advises that the site has two potential vehicular driveway locations both of which adjoin high order streets. Cynthia Wilson is designated a Sub Arterial Road and Fig Tree Drive is a Collector Road. The Northern Rivers Development and Design Manual states that the primary functions of distributor roads are the convenient and safe distribution of traffic. Direct access to single lots should not be provided although multi-unit access can be provided. Clearly property access to Distributor Roads should be avoided and alternative access sought.

 

The site does have an alternative access which is provided through lot 76 DP 248492 or 2A Fig Tree Drive. This lot at its nearest point is located approximately 12m from the Cynthia Wilson Drive edge line. Given the short distance from Cynthia Wilson Drive, it will not meet the requirements of the NR Development and Design Manual for intersection separation; however that does not preclude its operation as an access driveway. The main difficulty likely to arise is the potential of collision from a vehicle turning left from Cynthia Wilson Drive encountering another vehicle waiting to enter the proposed access driveway. This risk can be reduced to low by requiring the proposed access driveway to be constructed to a 6m wide two lane standard. The volume of traffic using the driveway should be restricted. This can be achieved by limiting the lot yield to 3 or 4 lots.

Objection to the rezoning of 69 Cynthia Wilson Drive.

Council resolved at the ordinary meeting of 11 March 2014 to finalise the part lot rezoning of 69 Cynthia Wilson Drive to Zone R1 General Residential. The planning proposal was forwarded to the Department of Planning and Environment with a request that the Minister make the plan.

Why is it that Council requires all new developments to set aside 30% as open area and yet later rezones this land to sell it?

Lismore’s neighbourhood parks have recently been reviewed as part of the “pocket parks divestment strategy” under the Lismore Sport and Recreation Plan 2011-2021. This plan recognises the poor functionality of many of the existing neighbourhood parks and their inconsistency with the public open space requirements of the Development Control Plan. The pocket parks divestment strategy also includes the establishment of a dedicated fund that will be used to upgrade the standard of existing parks or acquire land for new parks.

Council resolved at the ordinary meeting of 11 March 2014 to retain approximately one third of the 13,000m2 allotment (69 Cynthia Wilson Drive) as Zone RE1 Public Recreation to be used as parkland.

 

 

Reclassification of Lot 2 will make it more dangerous to walk up or down Cynthia Wilson Drive.

Cynthia Wilson Drive is generally a 20m wide road reserve with an approximately 10m wide seal. There is an existing sealed footpath along Cynthia Wilson Drive to the west of the intersection with Figtree Drive. There is no sealed footpath to the east of the intersection with Figtree Drive, however, there is room within the grassed verge of the road reserve to construct a footpath, with or without the Lot 2.

The submitter states that they did not receive a letter about the planning proposal.

Public exhibition was undertaken in accordance with the Gateway determination and the Department of Planning and Environment’s A Guide to preparing LEPs. Letters were sent to adjoining landholders, including the address on the submitter’s letter. Council’s records indicate that the submitter is not the owner of the land. Letters are only sent out to landholders. Notification is also provided in “Local Matters” and on Council’s website which enables non landholders to engage in the public exhibition process.

 

Staff recommendation: The reclassification and rezoning of of the site is to proceed as publicly exhibited. 2A Figtree Drive is to be reclassified from community to operational. Both 2 and 2A Figtree Drive are to be rezoned from Zone RE1 Public Recreation to Zone R1 General Residential. A minimum lot size of 400m2 and a maximum building height of 8.5m are to apply to both of the lots.

 

Public hearing report recommendation: The proposed reclassification of 2A Figtree Drive from community to operational should proceed as publicly exhibited.       

 

Strategic Alignment
The amendments are consistent with the community vision of Imagine Lismore. No additional funding is required for the planning proposal. 

 

The benefits of the proposal include enabling Council to lease or sell land at some future stage. There are minimal risks associated with the planning proposal.

 

Comments

Finance

Not required.

 

Other staff comments

Council’s Property Services staff initially identified various Council owned sites that form the subject of this proposal and these staff have been consulted throughout the planning proposal process. Council’s Senior Strategic Engineer was consulted in relation to submissions regarding road and bridge works and the Lismore Strategic Road Review 2013.

 

Public consultation

The planning proposal was publicly exhibited in accordance with the gateway determination from 28 May 2014 to 27 June 2014.

 

A public hearing was held regarding the proposed reclassifications on 14 July, 2014 pursuant to the Local Government Act 1993.

Conclusion

Consultation with the public and Government agencies and subsequent staff review has not presented any major obstruction to the finalisation of the planning proposal, albeit with the recommended removal of Site 8 (3 & 7 Terania Street, North Lismore).

 

In accordance with the Department of Planning and Environment’s written authorisation to exercise delegation, Council is now in a position to adopt and make the draft LEP.

 

It is recommended that Council adopt the planning proposal, with the deletion of Site 8, and make the draft LEP.

 

Attachment/s

1.

Gateway determination

(Over 7 pages)

2.

Planning proposal as publicly exhibited

(Over 7 pages)

3.

Public hearing report

(Over 7 pages)

4.

Planning proposal amended after public exhibition

(Over 7 pages)

5.

Rural Fire Service referral comments

(Over 7 pages)

6.

Submissions (x4)

(Over 7 pages)

7.

Height of buildings map sheets

(Over 7 pages)

8.

Lot size map sheets

(Over 7 pages)

9.

Land zoning map sheets

(Over 7 pages)

10.

Land reclassification (part lots) map sheets

(Over 7 pages)

 

 

           Recommendation

That Council:

1.       Adopt the planning proposal for reclassification and/or rezoning of certain Council owned land as detailed in Attachment 4 and summarised below:    

Summary of Recommendation

Site One – Part 1 Cowley Road, Dunoon (Part Lot 33 DP 1191273)

The part lot be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Two - 36A Smith Street, Clunes (Lot 2 DP 830616)

This allotment be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Three - 49 Cecil Street, Nimbin (Lot 3 DP 774889)

This allotment be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Four - 60A Kadina Street, Goonellabah (Lot 105 DP 1066550)

This allotment be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Six - Part 216 Oliver Avenue, Goonellabah (Part Lot 1 DP 553239)

The part lot be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Seven - 51 Deegan Drive, Goonellabah (Lot 38 DP 255009)

This allotment be reclassified to operational as shown on the map in this report and in Attachment 4. The lot is to be rezoned to Zone R1 General Residential and a minimum lot size of 400m2 and a maximum building height of 8.5m are to apply as detailed in Attachment 4.

 

Site Eight - 3 & 7 Terania Street, North Lismore (Lot 1 DP 922522 & Lot 1 DP 772994)

These allotments are to be omitted from the planning proposal and remain under community classification.

 

Site Nine - 2 Krauss Avenue, South Lismore (Lot 13 DP 587445)

This allotment be reclassified to operational as shown on the map in this report and in Attachment 4.

 

Site Ten - Part 16 Taylor Street, South Lismore (Part Lot 1 DP 122285)

This part lot be reclassified to operational and part lot reclassified to community as shown on the map in this report and in Attachment 4. Zone IN1 General Industrial is to apply to the part lot to be reclassified operational. Zone RE1 Public Recreation is to apply to the part lot to be reclassified community. A minimum lot size of 1500m2 is to apply to all of the Zone IN1 land on the lot, both remaining and proposed as detailed in Attachment 4.

 

Site 11 – 2 & 2A Figtree Drive, Goonellabah (Lot 39 DP246195 & Lot 76 DP248492)

2A Figtree Drive, Goonellabah be reclassified to operational as shown on the map in this report and in Attachment 4. Both 2 & 2A Figtree Drive, Goonellabah are to be rezoned to Zone R1 General Residential and a minimum lot size of 400m2 and a maximum building height of 8.5m are to apply as detailed in Attachment 4.    

2.       Proceed to the making of the draft LEP in accordance with the Department of Planning and Environment’s written authorisation to exercise delegation.

 

 


Report

Report

Subject

Carried Forward Works and Re-vote Works from 2013/14

TRIM Record No

BP14/725:EF09/580

Prepared by

Principal Accountant

Reason

Report the Carried Forward Works and seek approval to include Re-vote Works in the 2014/15 Budget, and amend the 2014/15 Budget for both Carried Forward Works and approved Re-vote Works.

 

Executive Summary

Clause 211, Local Government (General) Regulation 2005, states that all budgets lapse at the end of a council’s financial year.

 

Under the Regulation, Carried Forward Works can continue without Council resolution however Re-vote Works require Council approval for the application in a future year.

 

The objectives of this report are:

·    Outline those works/projects/initiatives that were included in the adopted 2013/14 Budget that are to be either completed (Carried Forward Works – $9,428,200) or commenced (Re-vote Works – $1,656,500) in 2014/15 and are not included in the adopted 2014/15 Budget.

·    Seek Council’s approval to include Re-vote Works in the 2014/15 Budget.

·    Amend the 2014/15 Budget for Carried Forward Works and approved Re-vote Works.

 

Background

Clause 211, Local Government (General) Regulation 2005, states that all budgets lapse at the end of a council’s financial year with exceptions being:-

•        Work carried out or started, or contracted to be carried out, for the council, or

•        Any service provided, or contracted to be provided, for the council, or

•        Goods or materials provided, or contracted to be provided, for the council, or

•        facilities provided or started, or contracted to be provided, for the council, before the end of the year concerned, or to the payment of remuneration to members of the council’s staff.

 

Based on the Regulation, there are two categories for reporting:-

1.       Carried Forward Works, those that meet the Regulation’s exception criteria, and

2.       Re-vote Works, those that don’t meet the Regulation’s exception criteria.

 

Under the Regulation, Carried Forward Works can continue without Council resolution however Re-vote Works require Council approval for the application of funds in the 2014/15 Budget.

 

There is a total $11,084,700 from 2013/14 reported comprising $9,428,200 in Carried Forward Works and $1,656,500 Re-vote Works.

 

Carried Forward Works

A detailed list of all Carried Forward Works totalling $9,428,200 is provided in the Attachment. It includes Project Name, Reason (brief explanation), Total and Funding Source information.

 

The major Carried Forward Works are:-

·    Road and Bridges – $4,616,000

Building Better Regional Cities $3,315,500

Urban Roads Reconstruction $615,100

Roads & Maritime Services $444,900

Rural Roads Reconstruction $161,000

·    Wastewater – $3,260,000

Mains Renewal $2,008,800

Pump Station Renewals $655,500

·    Water – $980,800

Nimbin Water SID (Survey Investigation & Design) $549,600

Mains Renewal $431,200

 

Funding for these works is from Reserves – $5,546,800 and Unexpended Grants – $3,881,400.

 

Re-Vote Works

A detailed list of all Re-vote Works totalling $1,656,500 is provided in the Attachment. It includes Project Name, Reason (brief explanation), Total and Funding Source information.

 

The major Re-vote Works are:-

·    Roads and Bridges – $1,247,300

Rural Roads Reconstruction $472,700

Bridge Replacements $320,200

Urban Roads Reconstruction $280,000

Culvert Replacement Program $174,400

·    Wastewater – $262,200

Nimbin STP $143,200

South Lismore STP Renewal $119,000

·    Quad Project – $70,000

·    Corporate Centre Refurbishment – $70,000

 

Funding for these works is from Reserves – $1,482,100 and Unexpended Loans – $174,400.

 

2013/14 Capital Works Program

To put the Carried Forward Works and recommended Re-vote Works into a Capital Works Program perspective, the following table is provided:-

 

Key Performance Indicator

Total Amount

Amount Carried Forward / Re-vote Works

Percentage

Total Capital Works Program

$41,345,000

$10,384,500

25.11%

Water Fund

$3,040,200

     $980,800

32.26%

Wastewater Fund

$6,549,000

  $3,522,200

53.78%

RTRL

$1,027,600

                  0

0.00%

General Fund

$30,728,200

  $5,881,500

19.14%

 

Financial Reporting for One Year Plan – 2014/15

All Carried Forward Works and Re-vote Works are all funded works and therefore do not impact on the Council Cash Position.

 

While the majority of these works are capital in nature ($10,384,500) and therefore do not have an impact on the Net Operating Results, the works which are operating costs ($700,200) will unfavourably impact the Net Operating Results due to the matching funding not being received in the financial year the funds are being spent.

 

If the recommendations are adopted, the Net Operating Result for the Year will move from an opening surplus of $3,511,000 to a $2,810,800 surplus. The Net Operating Result for the Year before Capital Grants & Contributions will move from an opening surplus of $509,000 to a ($191,200) deficit.

 

For 2013/14, the Net Operating Result for the Year and Net Operating Result for the Year before Capital Grants & Contributions will each be improved by $499,400 as grants funds received are recognised as revenues without a matching expense.

 

Strategic Alignment
This report is consistent with the requirements of the Imagine Lismore 4 Year Plan for Civic Leadership/Management

Comments

Finance

Historically, a separate report on Carried Forward Works and Re-vote Works has not been prepared for Council. Typically, information on carried forward works and re-vote works has been incorporated into the Quarterly Budget Review Statement Report to Council for September each year. The carrying forward of funding for uncompleted works/services/initiatives from one year to the next is not unusual.   

 

When Council considered the September 2013 Quarterly Budget Review Statement Report concern was raised about the amount of works/services/initiative being brought forward from 2012/13.

 

The purpose of this report is to provide information to Council on Carried Forward Works, and Re-vote Works sooner than 2012/13, and for Council to determine what Re-vote Works are to proceed.

 

It appears that there is still a significant difference between what is planned and reported to be achieved, and what is actually achieved. While there will always be exceptions (additional RMS funding, grant funding timing, weather delays, decision making delays, scheduling changes, etc.), an improvement in performance reporting is required.

 

The obvious mechanism for this reporting is the Quarterly Budget Review Statements and more emphasis will now be placed on Program Managers to provide more detailed and timely reporting on  potential Budget variations which result in planned activities not been achieved within the financial year.

Other staff comments

Not required

Public consultation

Not required

Conclusion

There is a total $11,084,700 in works from 2013/14, comprising $9,428,200 in Carried Forward Works and $1,656,500 in Re-vote Works, recommended to be incorporated into the 2014/15 Budget.

 

Under the Regulations, Carried Forward Works can continue without Council resolution however Re-vote Works require Council approval for the reapplication of funds.

 

There will be other ‘funded’ works/services/initiatives, such as grant funded or recommended reserve funded projects, which are not reported at this time as they were not part of the approved 2013/14 Budget. As with all other recommended changes to the 2014/15 Budget, they will be reported to Council as part of a future Quarterly Budget Review Statement report.

 

All works have available funding Reserves – $7,028,900, Unexpended Grants - $3,881,400 and Unexpended Loans - $ 174,400. 

 

Attachment/s

1.

Carried Forward Works and Re-vote Works from 2013/14

 

 

 

           Recommendation

That Council:

1.       Receive and note the Carried Forward Works listed in the Attachment.

2.       Re-votes $1,656,500 for Re-vote Works listed in the Attachment.

3.       Amend the 2014/15 Budget to incorporate all Carried Forward Works and Re-vote Works as outlined in the report and the Attachment.

 


Carried Forward Works and Re-vote Works from 2013/14

Attachment 1

 

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Report

Report

Subject

Lismore Sport and Recreation Fund recommendations

TRIM Record No

BP14/730:EF14/260

Prepared by

Community Services Officer (Sport and Recreation)

Reason

To provide Council with recommendations from the Sport and Recreation Panel to inform their decision making.

 

Executive Summary

The 2014/15 Lismore City Council budget allocated $212,800 to the Lismore Sport and Recreation Fund. An additional $8,600 is available in uncommitted funds from previous years. The purpose of this fund is to assist sport and recreation providers, and users of precincts within the Lismore Local Government Area to develop or improve current facilities or establish new ones. The Sport and Recreation Panel (S&RP) considered the submissions received at a recent meeting using the Imagine Lismore Community Strategic Plan (CSP) Vision: Lismore as a Sporting Hub as a guiding principle. The Panel is recommending to Council that nine (9) projects be supported.

 

Background

Twelve (12) submissions totalling $261,728 were received for the 2014 Sport and Recreation Fund.  Altogether $221,400 was available through the 2014/15 budget and from uncommitted funds carried forward. The following were the submissions received:

 

Sport & Recreation Fund - 2014 Submissions 
 Amount Available
$221,400

 

Name of Organisation

Project

Amount Requested

1

Far Nth Coast Baseball Assoc.

Fencing - Perimeter area - ground 4

$6,157

2

Far Nth Coast Baseball Assoc.

Upgrade sports field lighting - field 2

$30,000

3

Nimbin Community School Coop

Install outdoor exercise equipment between Nimbin Pool, the Bowling Club and children's playground.

$17,022

4

Lismore Richmond Rovers Football Club Inc.

Additions to existing clubhouse for an accessible toilet (disabled) and sports storage.

$20,000

5

Lismore Tennis Club

Replace boundary fence

$20,000

6

Dunoon United Football Club

Safety backstops at Balzer Park soccer fields

$17,549

7

Goonellabah Football Club

Upgrade of lights on Weston Park 2

$20,000

8

Rotary Club of Goonellabah Inc.

Kadina Youth Activity Park - Stage 3

$20,000

9

Lismore City Council - Parks

Oakes Oval facilities upgrade

$50,000

10

Richmond River Riders

Lismore Mountain Bike Park

$31,000

11

Lismore City Council - Parks

DA Crozier Field

$20,000

12

Lismore City Council - Parks

Peace Park project

$10,000

 

 TOTAL

$261,728

 


Projects summary

·   Far Nth Coast Baseball Assoc.: The perimeter area on Ground 4 at Albert Park is not fenced and needs to be fenced. The design chosen will allow a section to be opened up during flooding. In addition it is proposed to install a single gate to allow access by LCC vehicles.

 

·   Far Nth Coast Baseball Assoc.: The project involves a complete upgrade of the sports field lighting on Field 2. The total cost of this project is $150,000 with the remainder of this funding coming from Far North Coast Baseball funds, borrowings and potentially other government grants.

 

·   Nimbin Community School Co-op: ‘Fit for Nimbin’ is a project to install outdoor exercise equipment between Nimbin pool, the Bowling Club and the children’s playground. The equipment is designed to suit all levels of fitness and will provide the opportunity for people of all ages to exercise at their individual levels.

 

·   Lismore Richmond Rovers Football Club Inc.: This project is for an extension to the existing club house to provide an accessible toilet and a sports storage area. New balustrading will also be installed to the existing stairs and new balcony. The total cost of this project is $48,483 with the remainder of the funding coming from the Club and potentially other government grants.

 

·   Lismore Tennis Club: This project is to replace the club house boundary fence with a high spear top steel security fence, including 3 single gates and 3 high double gates which will be fitted with key-lockable lock latch deluxe.

 

·   Dunoon United Football Club: The proposal is to improve safety of children playing soccer. The proposed project is to install a safety backstop behind each soccer goal to stop balls leaving the park. This removes the safety hazards associated with having children leave the park to retrieve balls. The Club will provide $2,000 towards this project.

 

·   Goonellabah Football Club: This project is to replace 6 thirty year old light poles with related lighting for night time training and games. Without the lights the Club cannot continue in its current form as the current light poles have been condemned by the Club's electricity supplier and must be replaced prior to the commencement of next year's football training (February 2015). The total cost of the project is $80,000. The Club has already obtained other funding from LCC and the state government.

 

·   Rotary Club of Goonellabah Inc.: The completion of stage 3 of the Kadina Youth Activity Park will consist of the following:
*   Three additional activities for children, primarily aimed at the under 12.
*   One covered BBQ facility including 2 tables.
*   One covered area with table seating located in a position to permit adult supervision of new activity          area.

This seed funding will be a catalyst for the projected $170,000 upgrade.

 

·   Lismore City Council – Parks: AFQL are to invest in the upgrade of the Oakes Oval facility, particularly the surface and earthworks. The AFLQ will also fund the creation of a Master Plan for Oakes Oval which will include the complete upgrade of all facilities. The intention is to cost all suggested improvements and then prioritise these into stand-alone projects. The AFLQ has promised to at least match a Council contribution in the first instance and then lobby government for funding.

 

·   Richmond River Riders: The overall project is to create 6.95km of ecologically sustainable single track suitable for mountain biking and trail running. Through careful design and trail development, it is hoped that the facility will become a cycling destination. This grant application will help to create a section of sustainable single track at the Lismore Mountain Bike Park of 985 metres and fund the construction of a bike gate on the Keen Street side of the site.

 

This grant will allow Stage 1 of a six stage project to commence. The entire project has been costed at $330,000.

 

·   Lismore City Council – Parks: To change the entry arrangements at Crozier Field. Currently it is not permissible to use the Magellan Street entry gates for public access.

 

·   Lismore City Council – Parks: To complete stage 1 of the Peace Park project. This project has already been granted $20,000. The extra $10,000 will allow Stage 1 of the development to proceed.

 

Sport and Recreation Panel deliberations

It was agreed that, projects which aligned to the following Council plans would be given funding priority:

·   Imagine Lismore Community Strategic Plan vision Lismore as a Sports Hub;

·   Lismore Sport and Recreation Plan 2011 – 2021.

 

The Sport and Recreation Panel (SRP) recommended to Council the following nine (9) submissions are granted funding for 2014/15 based on the priorities in the above two plans:

 

·   Far North Coast Baseball Assoc. – upgrade sports field lighting field 2.

·   Lismore Richmond Rovers Football Club Inc. – additions to existing clubhouse for an accessible toilet (disabled) and sports storage.

·   Lismore Tennis Club – replace boundary fence.

·   Dunoon United Football Club – safety backstops at Balzer Park soccer fields.

·   Goonellabah Football Club – upgrade of lights on Weston Park 2.

·   Rotary Club of Goonellabah Inc. – Kadina Youth Activity Park stage 3.

·   Lismore City Council (Parks) – Oakes Oval facilities upgrade.

·   Richmond River Riders – Lismore Mountain Bike Park.

·   Lismore City Council (Parks) – Peace Park project.

 

Additional Sport and Recreation Panel deliberations:

Lismore Sports Hub

The Panel believe the following applications significantly contributed to the LCC Sports Hub Project:

·   Albert Park – upgrade of lighting on field 2.

·   Lismore Tennis Centre – replacement of unsightly boundary fence – reduced to $17,000 as GST was included in the submission.

·   Oakes Oval upgrade – Stage 1 of proposed major upgrade of facilities.

·   Albert Park Mountain Bike Trail – Stage 1 of proposed Mountain Bike Trail network.

 

Open Space Improvements

·   Peace Park at Nimbin – the grant enables Stage 1 of the upgrade of Peace Park to be completed.

·   Kadina Park Stage 3 – the grant enables the Rotary Club access to seeding funding for a proposed $170,000 upgrade to the park.

 

Rural Sports Ground Improvements

·   Balzer Park Soccer field – the grant enables safety fencing to be provided behind goals at both ends of the field.

 

Club Improvements

·   Richmond Rovers Football Club – improvements to current club facility.

·   Goonellabah Football Club – the grant will allow the club to commence work on this $80,000 project. Already over $55,000 has been raised by the club towards the total cost.


The following submissions were not approved at this time.

·   Albert Park fencing – the panel were informed that this submission was the No. 2 priority from the Baseball Association. As the Albert Park lighting has already been recommended, the panel believed one grant at this time was appropriate.

·   Crozier Field DA – the panel were strongly of the opinion that the guidelines for funding did not include the funding of DA’s.

·   Nimbin Exercise Equipment – the panel believed the submission was premature given unresolved issues with the Nimbin Pool, the incomplete Peace Park project and doubts about the site raised by the Parks Section.

 

The following were the S&RP specific funding recommendations within the allocated budget:

 

Sport & Recreation Fund - 2014 Submissions                                                              
 Amount Available
$221,400

 

Name of Organisation

Project

Amount Requested

Amount Recommended

1

Far Nth Coast Baseball Assoc.

Upgrade sports field lighting - field 2

$30,000

 $30,000

2

Lismore Richmond Rovers Football Club Inc.

Additions to existing clubhouse for an accessible toilet (disabled) and sports storage.

$20,000

$20,000 

3

Lismore Tennis Club

Replace boundary fence

$20,000

$17,000 

4

Dunoon United Football Club

Safety backstops at Balzer Park soccer fields

$17,549

$17,549 

5

Goonellabah Football Club

Upgrade of lights on Weston Park 2

$20,000

$20,000 

6

Rotary Club of Goonellabah Inc.

Kadina Youth Activity Park - Stage 3

$20,000

 $20,000 

7

Lismore City Council - Parks

Oakes Oval facilities upgrade

$50,000

$50,000 

8

Richmond River Riders

Lismore Mountain Bike Park

$31,000

 $31,000

9

Lismore City Council - Parks

Peace Park project

$10,000

 $10,000

 

  TOTAL

$218,549

$215,549

 

Strategic Alignment

LCC Imagine Lismore: Community Strategic Plan: Lismore as a Sports Hub.

The Sport and Recreation Fund is part of the Lismore City Council 2014/15 Delivery Plan process.

 

All recommendations are to upgrade or improve current sport and recreation facilities.

 

All projects will be managed by Council staff. Thorough risk assessment and management strategies will be implemented.

 

Comments

Finance

The recommendation is supported on the basis the 2014/15 Budget includes $212,800 and the 2013/14 Reserves are anticipated to have a further $8,600 available for the implementation of the Lismore Sport & Recreation Plan.

 

A 2014/15 Budget adjustment will be required for the $8,600 in reserves and this will be reported to Council as part of the September 2014 Quarterly Budget Review Statement.

Public consultation

Submissions outlined above.

Conclusion

The Sport and Recreation Panel recommendations direct $215,549 funding to be allocated to nine (9) specific projects.  The completion of these projects will strongly support both the visions of Council’s Imagine Lismore Community Strategic Plan and the implementation of the Lismore Sport and Recreation Plan 2011 - 2021

 

Attachment/s

There are no attachments for this report.

 

           Recommendation

That an amount of $215,549 be allocated to the projects listed in the table below from the 2014/15 Lismore Sport and Recreation Fund:

 

Name of Organisation

Project

Amount Recommended

1

Far Nth Coast Baseball Assoc.

Upgrade sports field lighting - field 2

$30,000

2

Lismore Richmond Rovers Football Club Inc.

Additions to existing clubhouse for an accessible toilet (disabled) and sports storage.

$20,000

3

Lismore Tennis Club

Replace boundary fence

$17,000

4

Dunoon United Football Club

Safety backstops at Balzer Park soccer fields

$17,549

5

Goonellabah Football Club

Upgrade of lights on Weston Park 2

$20,000

6

Rotary Club of Goonellabah Inc.

Kadina Youth Activity Park - Stage 3

$20,000

7

Lismore City Council - Parks

Oakes Oval facilities upgrade

$50,000

8

Richmond River Riders

Lismore Mountain Bike Park

$31,000

9

Lismore City Council - Parks

Peace Park project

$10,000

 

 

 TOTAL

$215,549

 


Reports

Report

Subject

Election of the Deputy Mayor

TRIM Record No

BP14/735:EF13/502

Prepared by

Corporate Compliance Coordinator

Reason

Council needs to determine if it will have a Deputy Mayor and if so to conduct an election.

 

Executive Summary

Council needs to determine if it will have a Deputy Mayor and if so to conduct an election.

 

 

Background

METHOD OF ELECTION OF DEPUTY MAYOR

 

The method of election is to be found in Schedule 7 of the Local Government (General) Regulation 2005.

 

Relevant extracts of this Schedule are detailed below:

 

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 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.

 

Previously this Council has determined that the election for Deputy Mayor would be by open voting.

 

RECOMMENDATION

That the method of election for Deputy Mayor be by open voting.

 

 

 

TERM OF DEPUTY MAYOR

 

Section 231

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.

 

From a practical viewpoint it is preferable that Council elect a deputy mayor. Council needs to determine the period of this appointment. It can be for the full term of this Council or for a lesser period.

 

Previously the appointment has been for a 12 month period, from September to September.

 

RECOMMENDATION

That Council elect a Deputy Mayor and that the period of appointment be until September 2015.

 

 

ELECTION OF DEPUTY MAYOR

Policy No. 1.2.10

Prior to any election, each candidate for the position of Deputy Mayor may give a short presentation outlining her/his reasons for standing, how s/he would operate as Deputy Mayor, what time commitment would be given and the skills s/he would have to offer. Each candidate may be asked questions from the floor about their candidacy.

 

PRESENTATION

Deputy Mayoral Candidate/s.

 

ELECTION

To be conducted by the General Manager.

 

 

Attachment/s

There are no attachments for this report.

 

           Recommendation

That:

1.       The method of election for Deputy Mayor be by open voting.

 

2.       Council elect Councillor X as Deputy Mayor and that the period of appointment be until September 2015.

 

 


Report

Report

Subject

Sister, Twin City and Friendship Cultural Relationships

TRIM Record No

BP14/537:EF09/1770

Prepared by

Councillors and Corporate Support Officer

Reason

A review of the Council's cultural relationships and to define its commitment to each

 

Executive Summary

Lismore has six (6) cultural relationships with other Cities around the world. The cultural relationships are described as either Sister City or Twin or Friendship relationships. Council’s commitment to these relationships is not clearly defined and it is proposed to put arrangements in place so as to better manage them into the future.

 

Background

Lismore has six (6) cultural relationships with other Cities around the world. The most active is the Sister City relationships with Yamato Takada, Japan. In 2013, this relationship celebrated its 50th anniversary. The celebrations included an Official visit by the Mayor and a 40+ member delegation from Yamato Takada, and inspired a return visit by Council’s Mayor and General Manager in April 2014. This was both timely and a catalyst for a review of all Council’s cultural relationships.

 

The objective of this review is to define Council’s commitment to each of its Cultural Relationships. 

 

Origins of the Sister, Twin Cities and Friendship Movement

Sister city activities were independently commenced on many different continents, but all had the same goal, to help develop enduring networks of communication between the cities of the world to cut across boundaries and reduce the likelihood of polarisation and conflict among nations. President Eisenhower’s People to People program, which began in America in 1956, gave a huge boost to the concept of twinned cities. Some linkages occurred before that, but the Civic Committee of People to People (one of 40 People to People committees) which promoted town affiliations, eventually became Sister Cities International in 1974.

 

Because sister city programs were initiated at the national level in many different countries during the same time period, approaches as to how the program would be structured and function varied. In Europe, the program enjoys great popularity and involves thousands of cities of all sizes linked with two, three and more partners. This is often known as twinning or twin cities. The links tend to be very formal with resolutions establishing them accompanied by documents of agreement detailing the type of exchanges to be undertaken. In many countries links have to be approved by the national government.

 

The terms sister cities and twin towns are used to describe a form of cooperative agreement made between towns, cities, counties, oblasts, prefectures, provinces, regions, states and even countries in geographically and politically distinct areas to promote cultural and commercial ties.

 

The modern concept of town-twinning, conceived after the Second World War in 1947, was intended to foster friendship and understanding between different cultures and between former foes as an act of peace and reconciliation and to encourage trade and tourism.  In recent times, town twinning has increasingly been used to form strategic international business links between member cities.

 

Friendship cities are less formal in nature and tend to have less financial obligations and minimal administrative requirements. Friendship cities typically emerge to respond to short-term trends or needs and to support programs led by other groups in the community.

 

In Europe, the Sister City or Twining program enjoys great popularity and involves thousands of cities of all sizes linked with two, three and more partners.  In Australia, the appeal of 'international understanding and friendship' commenced with community affiliations with Coventry in England that originated in 1939. A relationship was established between Saddleworth in South Australia and Saddleworth Parish in the United Kingdom in 1941, while one has existed officially between Hunters Hill and Henley-on-Thames since 1950, and one between Bega, New South Wales, and Lyttleton, Colorado, United States of America, since 1956. Today Australian cities and towns have over 500 sister city affiliations throughout the world and this number increases every year.

 

Strength and Opportunities of City Relationships

·    Experience cultural differences

·    Learn about other cultures

·    Increase tourism and interest in the area

·    Increase economic exchange

·    Business investment

·    Possibilities of forming joint projects

·    Exchange of professional minds and ideas

·    Medical exchange and development of educational programs

·    Understanding international relations

·    Exchange of technologies

·    Higher Education Opportunities and Exchange (University)

·    Inter school Friendships

·    Exchange of art and creativity

·    Formal and informal exchange visits

 

Lismore Cultural Relationship

Lismore currently has six (6) Sister, Friendship and Twin City Relationships.

 

City, Country, Commencement

Type of Relationship

Yamato Takada, Japan, 7 August 1963

Sister City Relationship

Ujung Pandang, Indonesia, 18 September 1981

Twin Relationship

Conegliano & Vittorio Veneto, Italy, 10 June 1991

Mutual Friendship Declaration

Wudi, China, 24 June 1998

Friendly Exchange

Lismore, Ireland, 31 October 2000

Sister City Relationship

Eau Claire, United States of America, 23 January 2001

Sister City Relationship

 

Background to each City Relationship

Yamato Takada, Japan

Yamato Takada continues to be the most active and supported cultural relationship. The relationship was formed by the connection of two local Priests working in Yamato Takada who engaged with their hometown businesses to assist with funding to build a kindergarten in Yamato Takada. It was with great encouragement and enthusiasm that local businesses, schools and Council got on board to raise funds (£43,000 pound) to help build a kindergarten. The kindergarten was official opened in 1964. During the time of building the kindergarten, Mayors of both cities formed a great bond and started working towards forming a sister city relationship. The official signing of the agreement in 1963 commenced with a formal visit to Lismore and numerous official and unofficial visits followed with many occurring on or around major anniversary dates. In 1985 Lismore and Yamato Takada commenced an annual Student Exchange program to both cities that is still as relevant and active to date.

 

Ujung Pandang, Indonesia

The Lismore and Ujung Pandang Twin Relationship was made official on 18 September 1981. In 1980, a freelance Foreign Affairs Officer (John War) was touring Indonesia on a goodwill mission. It occurred to him there may be one or more cities in Indonesia which could be interested in a Sister City relationship with Australia. John was after a city that had potential to help in the upgrade of municipal infrastructure. This was reported to the Australia Local Government who recommended Lismore as the pioneer of Sister City Relationships.

 

Although both sides made efforts to share infrastructure ideas, finance was always the big issue and the relationship was not developed and no solid outcomes eventuated. In 1991 Council resolved to write to Ujung Pandang expressing concern over civil rights matters. Only one official visit to Ujung Pandang is recorded as part of the official signing and the last official correspondence was in 1999.

 

Conegliano and Vittorio Veneto, Italy

On 10 June 1991 a mutual friendship declaration was signed with the towns of Conegliano and Vittorio Veneto, Italy and Lismore. Because a large portion of Lismore’s “Italian” community hailed from one or the other of the towns or the districts surrounding them, it was believed it was a great social and cultural connection for local Italians.

 

The aim was to provide opportunities for broader spectrum of exchange in fields of sporting, education and trade. The ultimate goal of promoting friendships between ordinary people at grass roots level and contributing to world peace.

 

A Lismore contingent visited Conegliano and Vittorio Veneto in 1993 followed with an unofficial visit by the then Mayor in 1997. A number of letters of introduction for local residents have been prepared over the years. While this relationship on paper is inactive, nostalgically this relationship has heartfelt value with local residents especially the local Italian community.

 

Wudi, China

A Friendly Exchange Relationship letter of intent was signed on 24 June 1998 with Wudi, China. A Wudi delegation visited Lismore in 1998 as part of the signing ceremony and to set up partnering and joint ventures opportunities and in 1999 the Lismore Mayor visited Wudi.  The last recorded correspondence received was sent in 2000.

 

Lismore, Ireland

A video link took place on 31 October 2000 with Lismore, Ireland and to sign the Sister City Agreement. This relationship was to encourage the exchange of ideas and information of cultural, social and commercial nature. The catalyst for this relationship was for heritage purposes and to encourage individual visits to each city to foster programs in sports, arts and education.

 

A contingent from Lismore, Ireland visited in 2002 and several individual Lismore NSW residents have visited Ireland over the years and continue to do so. Generally, while letters of introductions are requested from time to time for local residents visiting Lismore Ireland, the relationship for the most is dormant. Although dormant, this relationship is considered to be of greater historical value compared to others.

 

Eau Claire, United States of America

The Lismore and Eau Claire relationship was formalised by a video link signing of the Sister City Agreement on 23 January 2001. The incentive to commence this relationship was the similarity of the cities in history, industries and demographics. Also, Southern Cross University already had an exchange program for academics and students from both cities.

 

The aim of the relationship was to promote cultural understanding, foster and encourage exchanges between the people of sports, education and other mutual interests and to explore opportunities of commerce and economic development.

 

A contingent from Eau Claire visited Lismore in 2001, a Rotary exchange participant and his contingent visited the Mayor several years ago, but there is no recorded official visit by Lismore to Eau Claire. The last recorded correspondence was in 2002.

 

Moving Forward

Council currently administers the activities associated with these relationships in an ad hoc manner. The most active is the relationships with Yamato Takada and the others are considered inactive by comparison.

 

As a result of the successful celebrations in 2013, there is a resurgence of interest in the Lismore-Yamato Takada cultural relationship. To assist Council in developing these relationships, the formation of a Sister City Advisory Panel is recommended. While the terms of reference or scope of such a Panel has not been developed, it is envisaged that it would primarily provide guidance to decision making and validation of actions, and provide support to the all related activities. The terms of reference would be developed in consultation with the Advisory Panel and brought back to Council for consideration and adoption. Establishing a Panel broadens the potential for involvement, creativity, growth and development from all sections of the community.

 

An option in moving forward with managing cultural relationships is to develop a grading system for each of the relationships and form corresponding criteria such as the following:

 

Level 1

·    Sister City Relationship

·    Annual activity, correspondence

·    Budget commitment and annual allocation

·    Strategic Links

·    Internal and external involvement

·    Student, Official or Staff Exchange Program

Notes

Highest level of commitment with Advisory Panel input

Annual budget allocation for purposes such as special anniversary events and reciprocal visits

Higher level of attention and detail with allocated staff commitment

Student and Staff exchange programs

Official receptions and visits at mutually agreeable times

 

Level 2

·    Twin Cities Relationship

·    Limited correspondence or contact

·    Informal Individual/Citizen contact by personal initiative

 

Notes

Mid-level commitment with no budget allocation

Commit to letters of introductions

Modest welcome to group visits to Lismore

 

Level 3

·    Friendship Relationship

·    Limited correspondence

Notes

Status quo with no active rekindling of the relationship.

 

It is evident that Yamato Takada is Lismore’s strongest Sister City relationship with regular communication, annual student exchange and the unique status as the first of 109 Australia-Japan Sister City relationships.

 

To strengthen and clearly represent commitment to the Lismore-Yamato Takada relationship, it is recommended that it and the associated activities are incorporated within Imagine Lismore.

 

It is also recommended that an Advisory Panel be formed with Council and community membership, and a grading structure for all cultural relationships is determined to clarify their status and level of Council’s commitment.

Strategic Alignment
A reference to Cultural Relationships does not exist in the Imagine Lismore 4 Year Plan however it is recommended that a reference be included.

 

Comments

Finance

Council allocated $2,800 for Sister City activities in 2014/15. This amount has been sufficient to generally meet all costs associated with this activity except in milestone years such as the recent 50th anniversary in 2013/14.

 

If Council supports the recommendation, it would be prudent to increase this annual budget to say $4,000 with consideration to increasing this amount every 10th year to say $10,000 to allow for celebrations and commemorations associated with significant anniversaries (2023 – 60th Anniversary). This would be addressed as part of the September 2014 Quarterly Budget Review Statement report.

Public consultation

Not required.

Conclusion

Yamato Takada is Lismore’s longest, strongest and most active Sister City relationship, and the oldest Sister City relationship between Australia and Japan. It includes continued interaction, regular correspondence, student exchange programs, inter Council visits, staff exchange and a warm friendship.

It is envisaged that to better manage and strengthen the relationship planning for it and the subsequent activities should be incorporated within Imagine Lismore. It is recommended that a Sister City Advisory Panel be formed including community membership and all the relationships be graded to understand scope and future commitments.


 

Attachment/s

There are no attachments for this report.

 

           Recommendation

That Council:

1.       Recognises its significant Sister City Relationship with Yamato Takada City Council;

2.       Forms a Sister City Advisory Panel consisting of two Councillors and up to eight citizens from an extensive range of business, cultural, education and other sectors; and

3.       Includes its Cultural Relationships in the Imagine Lismore 4 Year Plan.

 


Report

Report

Subject

Investments - August 2014

TRIM Record No

BP14/720:EF09/2208

Prepared by

Management Accountant

Reason

Required by Local Government Act 1993/ Local Government (General) Regulation 2005 and Council's Investment Policy

 

Executive Summary

Investments as at 31 August 2014 are estimated to be $32,162,248.

 

The interest rate reported for August 2014 is estimated to be 3.80% which is above the 90 Day Bank Bill Index of 2.64%.  The final interest return may vary due to actual returns achieved on investments advised after month end.

 

Background

The Local Government Act 1993 (Section 625), Local Government (General) Regulations 2005 (Clause 212) and Council’s Investment Policy requires a monthly report be submitted to Council on investments. The report is to include the source and amount of funds invested, investment portfolio performance for the period and a statement of compliance in relation to the requirements of the Local Government Act 1993.

 

Report on Investments

 

·    Confirmation of Investments – at Market Value – 31 July 2014                               $28,543,179

·    Estimated Investments – at Market Value – 31 August 2014                                  $32,162,248

 

Estimated investments as at 31 July 2014 are approximately $2 million less than reported in the July report due to payment of creditors on 31 July 2014.  Estimated investments at 31 August 2014 are $3.6m more than the final balance for July 2014 due to the first instalment of the Financial Assistance Grants being received ($1.56m) and receipt of first rate instalment payments.

 

The current rate of return on investments for August 2014 is estimated to be 3.80%. This is above the 90 Day Bank Bill Index of 2.64%.  The rate of return reported has been calculated using actual returns where available and estimates based on the previous period balances and interest rates.

 

The estimated interest earned to August is marginally unfavourable compared to budget.  This is due to a decrease in interest rates available in the market to reinvest funds as they mature.  This situation will continue to be monitored and reported when outcomes more certain.

 

Quarterly Investment Report

 

Each quarter Council’s independent investment advisors, CPG Research and Advisory (CPG), prepare a Quarterly Investment Report on actual investment holdings compared to the Target Credit Quality, Target Counterparty Exposure, Target Asset Allocation and Target Maturity Profile.  The report for the June 2014 Quarter indicated strong compliance to the Investment Policy targets.  Councillors have been provided with a copy of this report and brief summary of the contents separately. This is the final report from CPG as the contract has been terminated as part of Council’s cost saving initiatives.

Strategic Alignment

This report is consistent with the requirements of the Imagine Lismore 4 Year Plan for Civic Leadership/Management.

Comments

Finance

All investments with various financial institutions have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

Relevant comments have been included in the report where required and the recommendation is supported.

Conclusion

A report on investments is required to be submitted to Council monthly. This report meets that requirement.  As at 31 August 2014, investments are estimated to total $32,162,248 and the annualised rate of return is estimated at 3.80%.

 

Attachment/s

1.

Capital Value Movement including name of institution, purchase date and maturity date

 

2.

Estimated Interest showing interest rate and estimated interest earned for the year

 

3.

Total Investment Portfolio held by month with last year comparison graphical

 

4.

Weighted Average Interest Rate with 90 Day Bank Bill Index and last year comparison graphical

 

5.

Investment by Type graphical

 

6.

Investment by Institution as a percentage of total portfolio graphical

 

 

 

           Recommendation

That the report be received and noted.

 


Capital Value Movement including name of institution, purchase date and maturity date

Attachment 1

 

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Estimated Interest showing interest rate and estimated interest earned for the year

Attachment 2

 

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Total Investment Portfolio held by month with last year comparison graphical

Attachment 3

 

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Weighted Average Interest Rate with 90 Day Bank Bill Index and last year comparison graphical

Attachment 4

 

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Investment by Type graphical

Attachment 5

 

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Investment by Institution as a percentage of total portfolio graphical

Attachment 6

 

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Committee Recommendations

 

 


Committee Recommendation

Committee Recommendation

Traffic Advisory Committee - Minutes of Meeting held 20 August 2014

 

 

 

 

Attachment/s

1.

Traffic Advisory Committee Minutes - Meeting of 20 August 2014

 

 

 

           Recommendation

 

That the minutes be received and adopted and the recommendations contained therein be adopted.

 

 


Traffic Advisory Committee Minutes - Meeting of 20 August 2014

Attachment 1

 

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Documents for Signing and Sealing

 

 


Document for Signing and Sealing

Document for Signing and Sealing

 

The following documents have been prepared in accordance with previous resolutions of the Council and/or the provisions of the Local Government Act, 1993 and other relevant statues.

 

It is now proposed that the Council authorise the signing and sealing of these documents.

 

 

Attachment/s

There are no attachments for this report.

 

           Recommendation

The following documents be executed under the Common Seal of the Council:

 

P16032       Caper on Cullen - Outdoor Dining Licence Agreement with Lismore City Council

The Licence Agreement for outdoor dining with Caper on Cullen for the premises situated at 56 Cullen Street, Nimbin, described as Lot 2 in DP 592120, being a total licensed area of 10.45m2 with a rental of $267.80 per annum.

 

P25232       Grape Vine Café (Nimbin Organics) - Outdoor Dining Licence Agreement with Lismore City Council

The Licence Agreement for outdoor dining with Grape Vine Café (Nimbin Organics) for the premises situated at 2/50 Cullen Street, Nimbin described as Lot B in DP 402778, being a total licensed area of 5.5m2 with a rental of $141.07 per annum.

 

 

  


 

 

 

 

 

 

 

 

 

Financial Assistance – Section 356

 

 


Financial Assistance – Section 356

Financial Assistance – Section 356

 

 

 

a)   City Hall Reductions in Rental – Policy 8.4.2 (GL390.125.15)

Budget: $17,100                  Spent to date: $1,185

 

Lismore Chamber of Commerce is requesting Council to discount the hire fees ($1,950) for the use of the City Hall on 23 August 2014 to hold the Lismore Business Excellence Awards. An entrance fee is charged.

 

Recommendation: In accordance with Clause 5 of the policy, a donation of 16% or $312.00 of the hire fees applies.

$312.00

 

b)   Banners – Policy 1.4.14 (GL390.50.15)

Budget: $600                       Spent to date:  $0

 

The Red Cross is seeking Council approval to waive the banner hire fee for two weeks for the Dawson Street banner site for The Power of Humanity campaign, between 29 September and 12 October 2014.

 

Recommendation:   As per Corporate Policy 1.4.14 – Part 5, this organisation is entitled to one week’s street banner hire.  As such, a donation of $140 is recommended to apply to this request.

$140.00

In accordance with policy.

 

c)   Council Contributions to Charitable Organisations

Waste Facility – Policy 5.6.1 (GL390.965.15)

Budget: $12,000                   Spent to date: $ 647.83

 

August 2014

Animal Right & Rescue                           $12.63

Caspa                                                      $38.93

Multitask                                                  $265.37

Nimbin Aquarius Land care Group         $10.31

Friends of the Koala                                $25.69

1st Lismore Scout Group                         $8.42

Lifeline                                                     $248.38

Westpac Life Saver Helicopter               $46.37

 

Total               $656.10

In accordance with policy.

 

 

 

d)   Development & Other Application Fees – Policy 1.4.7 (GL390.200.15)

Budget: $200                       Spent to date:  $0

 

Request on behalf of North Coast Children’s Home Inc. (trading as CASPA) for refund of fees for DA14/175 for a group home at 15 Star Avenue, Goonellabah.

 

Recommendation:   As per Corporate Policy 1.4.7 – Part B, this community based non-profit organisation is entitled to a donation of 30% of the fees payable.

$144.60

In accordance with policy.

 

e)   Mayor’s Discretionary Fund (GL390.485.15)

Budget: $3,000                    Spent to date:  $0

 

St John’s College Woodlawn is seeking a donation towards their Annual Prize Giving and Awards Ceremonies which recognises student’s ‘Outstanding Achievement’ in the past year (CI14/17675).

$100.00

 

Gallipoli Children’s Book Project Committee is seeking a donation towards their awards (CI14/18173).

$100.00

 

 

Attachment/s

There are no attachments for this report.

 

           Recommendation

In accordance with Section 356(1) of the Local Government Act 1993, the assistance to persons as listed above is hereby approved.

 

 

  


 

 

 

 

 

 

 

 

 

Confidential Business

 

 


Confidential Matters

Confidential Matters–Closed Council Meeting

 

A Council may close to the public only so much of its meeting as comprises the receipt or discussion of any of the following:

 

Section 10A(2) – Local Government Act 1993:

 

a)   personnel matters concerning particular individuals;

b)   the personal hardship of any resident or ratepayer;

c)   information that would, if disclosed, confer a commercial advantage of a person with whom the Council is conducting (or proposes to conduct) business;

d)   commercial information of a confidential nature that would, if disclosed:

i)    prejudice the commercial position of the person who supplied it, or

ii)    confer a commercial advantage on a competitor of the Council, or

iii)   reveal a trade secret;

e)   information that would, if disclosed, prejudice the maintenance of law;

f)    matters affecting security of the Council, Councillors, Council staff or Council property;

g)   advice concerning litigation, or advice, that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege;

h)   information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

Clause 34 of Council Code of Meeting Practice

Representations from the public as to whether part of the meeting should be closed to the public can be made after the motion to close the meeting has been moved and seconded for a period of 10 minutes.

 

           Recommendation

 

That the Council exclude members of the press and public from the meeting and move into Closed Council Meeting to consider the following matters:

 

Item                                16.1 Rates and Charges Hardship Application

Grounds for Closure   Section 10A(2) (b):

Public Interest              Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:the personal hardship of any resident or ratepayer.

 

Item                                16.2 Sale of Airport Hangar Site 17 - 17/40 Three Chain Road, South Lismore

Grounds for Closure   Section 10A(2) (d ii):

Public Interest              Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.


Item                                16.3 General Manager's Annual Performance Review

Grounds for Closure   Section 10A(2) (a):

Public Interest              Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:personnel matters concerning particular individuals (other than councillors)

.    


 

MINUTES OF THE Ordinary Meeting of the Council of the City of Lismore HELD IN Council Chambers, 43 Oliver Avenue, Goonellabah ON Tuesday, 12 August 2014 AT 6.00pm

 

Present

 

 

Mayor, Councillor Dowell;  Councillors Battista, Bennett, Clough, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith, together with the General Manager, Executive Director-Sustainable Development, Acting Executive Director-Infrastructure Services,  Manager-Finance, Manager-Development and Compliance, Manager-Commercial Services, Coordinator Strategic Planning, Coordinator Community Services, Strategic Property Projects Manager, Development Engineer, Media and Community Relations Coordinator, Corporate Compliance Coordinator and General Manager’s Executive Assistant.

 

 

 

Apology and Leave of Absence

 

145 /14

RESOLVED that an apology for non-attendance on behalf of Councillor Marks (9 August  to 17 August 2014 Inclusive) was received and accepted and leave of absence granted at the last meeting; and that a leave of absence be granted for:

 

Councillor Smith from 18-29 August 2014;

Councillor Houston from 1-8 September and again from 10-13 September 2014; and

Councillor Ritchie from 24-29 September 2014.

 

(Councillors Clough/Meineke)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

Confirmation of Minutes

 

146/14

RESOLVED that the minutes of the Lismore City Council held on 8 July 2014 be confirmed.

 

(Councillors Clough/Houston)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

 

 

Disclosure of Interest

 

 

 

Councillor Battista declared a non-significant conflict of interest in the following item:

 

12.1 Minutes of Traffic Advisory Committee Meeting 16 July 2014

 

Nature of Interest: I am a Southern Cross University employee.

 

 

 

 

Councillor Battista declared a non-significant conflict of interest in the following item:

 

11.9 Nominations Aboriginal Advisory Group

 

Nature of Interest: Richard Fleming is a known person to me and we frequent the same church. 

 

 

 

 

Councillor Clough declared a non-significant conflict of interest in the following item:

 

11.8 2014/15 Miscellaneous Section 356 Donations to Community Groups

 

Nature of Interest: I am a member of Lock the Gate.

 

 

 

 

Councillor Ekins declared a non-significant conflict of interest in the following item:

 

11.9 Nominations Aboriginal Advisory Group

 

Nature of Interest: Richard Fleming is a known person to me and we frequent the same church.

 

 

 

 

Councillor Ekins declared a non-significant conflict of interest in the following item:

 

11.7 2014 Surplus Computer Donations

 

Nature of Interest:  I am a member WRLG who made application for a computer.  I was unaware of the application until I read it in the Business Paper.

 

 

 

 

 

 

 

 

Councillor Ritchie declared a significant conflict of interest in the following item:

 

16.1 Confidential Expression of Interest T2014-07 Sale of 20 Gordon Blair Drive, Goonellabah – Vacant Land

 

Nature of Interest:  I have a direct relationship with one of the parties involved in these negotiations. 

 

 

 

Councillor Smith declared a significant conflict of interest in the following item:

 

11.8 2014/15 Miscellaneous Section 356 Donations to Community Groups

 

Nature of Interest:  One of the successful applicants is the organisation I work for.  I did not vote for their submission during the process.  I intend to leave the Chambers and not participate in the vote.

 

 

 

 

Councillor Smith declared a significant conflict of interest in the following item:

 

14.1 Financial Assistance – Section 356 Report

 

Nature of Interest:  The organisation I work for is a tenant of a property owned by Universal Medicine, whom has identified as the organisation being asked to receive a discount.  I intend to leave the Chambers and not participate in the vote.

 

 

Condolence

 

 

Reginald Ryan Baxter OAM   -  24.9.1924 – 7.8.2014

 

Reginald Ryan Baxter OAM, know to all as Reg, was born in Coraki on 24 September 1924.

He married Pam in 1952 and was father to Kerry, Geoff, Warren (who has worked at Lismore City Council for 25 years) and Robbie.

In recent years, most people would know Reg as the veteran in the wheelchair on ANZAC Day. Reg was a regular at ANZAC Day ceremonies and was there again this year having only missed one march since his demobilisation from the 2nd 10th battalion of the Cavalry Commandos in 1946. Reg enlisted at 18, served in New Guinea in WW2 and as a 20 year old, was peppered with shrapnel by Japanese machine gun fire; some of the shrapnel remaining in his body. After being patched up he returned to active duty and was shot in the leg. Again he recovered and returned to his unit days before the end of the war.

After the war, Reg worked in retail at AG Robertson and Brown and Jolley, had several farms, worked in real estate for six years with Harold Crozier and had the general store in High Street for 11 years.

 

Reg was and will continue to be a legend of our community.  He strongly believed that sport was central to personal and community development, particularly for young people, and he lived those beliefs. That belief led him to serve on the Lismore District Sports Association for 35 years.

He was a founding father of baseball in 1947 and a strong supporter (and record scoring player) of district cricket, taught Adam Gilchrist to bat, has the Number 1 baseball field at Albert Park named in his honour, was a Life Member of Norths Cricket, Norths Baseball, FNC Cricket Council, FNC Baseball and was inducted in Baseball Queensland’s Hall of Fame in 2011. He was still playing baseball at the age of 75. Even when a leg amputation limited his mobility he was frequently to be seen in his wheelchair up against the fence close to the action on home base- often with his mate Harold Crozier by his side.

Reg was a Lismore City Councillor for more than 16 years. He served for three terms from 1983 until 1995 with strong support from the sporting community and another term from 1999-2004. He was a supporter of Council moving up to Goonellabah out of the flood prone CBD, of the Nightcap Range Water Treatment Plant and of the redevelopment of the Memorial Baths.

Reg is survived by Kerry and Dennis, Geoff, Warren and Judy, Robbie and Leah, 10 grandchildren and six great grandchildren.

Our sympathies at the loss of Reg, father, grandfather and great grandfather together with our heartfelt appreciation go to his family for Reg’s life of service and his significant contribution to Lismore City Council and our community.

(Councillor Battista)

147/14

RESOLVED that the Mayor move that Council’s expressions of sympathy be conveyed to the family of Mr Baxter and the MOTION was APPROVED with members of Council standing and observing the customary moment’s silence.

(Councillors Dowell/Battista)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 


Notice of Motions

 

 

9.1 Bushfire Hazard Reduction National Parks

 

 

148/14

RESOLVED that:

 

1.   Writes to the Hon. Greg Hunt MP Federal Minister for the Environment to express our grave concern that the Department of Environment has intervened to prevent hazard reduction burns by NSW National Parks in the Nightcap National Park. 

 

2.   Requests that the Minister as a matter of urgency acts to restore NSW National Parks as the bushfire management authority for National Parks located in NSW and permits them to conduct bushfire hazard reduction in these parks.

 

(Councillors Bennett/Battista) (BP14/641)

 

Voting for:                   Councillors Battista, Bennett, Houston, Meineke, Scheibel and Smith

Voting against:           Councillors Clough, Dowell, Ekins and Ritchie

 

  

Reports

 

 

11.1 CBD Parking Strategy Review

 

 

149/14

RESOLVED that Council resolves that:

1.       All existing 1 hour time limited parking within Lismore CBD be changed to 2 hours (noting other existing time limited zones ,5 minutes, 30 minutes etc will remain unchanged) without delay; and

2.       A trial be conducted for a parking permit scheme for social/sporting club members within the Rowing Club precinct and the car park behind the former Council Chambers in Molesworth Street; and

3.       The Draft CBD Parking Policy 2014 be placed on public exhibition for a period of at least twenty eight (28) days; and that the Lismore CBD Parking Strategy – Summary of Next steps document be made available during this exhibition period.

4.       Up to four Councillors be nominated for positions on a working party to finalize the CBD Parking Policy 2014 prior to it being reporting back to Council for adoption.

5.       The proposed changes to CBD parking policy include clearly identified and measureable outcomes to be achieved, to be reported back to Council prior to adoption of the final policy.

 

(Councillors Houston/Smith) (BP14/638)

 

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

150/14

FURTHER RESOLVED that the four Councillor nominated positions on the CBD Parking Policy 2014 working  party be Councillors Houston, Bennett, Smith and Battista.

 

(Councillors Battista/Smith) (BP14/638)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

 

11.2 Lismore S64 and S94 Contributions Discount Policy

 

 

151/14

RESOLVED that:

1.    Council resolve to adopt the Lismore S64 and S94 Contributions Discount Policy as exhibited and attached to this Report

2.    Staff hold a Council briefing on the take-up rate and the financial implications as a result of adopting the subject Policy and that this briefing occur within two years of the Policy’s adoption.

3.    Council approve in principle the inclusion of a section in the Lismore S64 and S94 Contributions Discount Policy in respect of the proposed health precinct with the actual proposed wording changes to be reported to Council at the same time as the proposed health precinct LEP/DCP changes are first formally considered by Council.

4.    The adopted Policy be promoted and communicated through Local Matters and Council’s website.

 

 (Councillors Clough/Battista) (BP14/532)

 

Section 375A Voting Record

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 


 

 

11.3 Lismore City Wide Section 94 Contributions Plan

 

 

 

A MOTION WAS MOVED that:

1.       Council place the draft Section 94 Plan subject to the inclusion of the continuation of the contribution to Tucki Tucki Reserve for Lismore Local Government Area (excluding North Lismore Plateau) on public exhibition for not less than twenty eight (28) days commencing as soon as practical.

 

2.       Following exhibition, Council receive a report regarding submissions to the draft Section 94 plan for Lismore Local Government Area (excluding North Lismore Plateau) and consider any recommended amendments.

 

(Councillors Ritchie/Ekins) (BP14/616)

 

 

AN AMENDMENT WAS MOVED that:

1.       Council place the draft Section 94 Plan for Lismore Local Government Area (excluding North Lismore Plateau) on public exhibition for not less than twenty eight (28) days commencing as soon as practical.

 

2.       Following exhibition, Council receive a report regarding submissions to the draft Section 94 plan for Lismore Local Government Area (excluding North Lismore Plateau) and consider any recommended amendments.

 

(Councillor Battista/Scheibel) (BP14/616)

 

On submission to the meeting the AMENDMENT was DEFEATED.

 

Voting for:                   Councillors Battista, Meineke and Scheibel

Voting against:           Councillors Bennett, Clough, Dowell, Ekins, Houston, Ritchie and Smith

 

152/14

RESOLVED that:

1.       Council place the draft Section 94 Plan subject to the inclusion of the continuation of the contribution to Tucki Tucki Reserve for Lismore Local Government Area (excluding North Lismore Plateau) on public exhibition for not less than twenty eight (28) days commencing as soon as practical.

 

2.       Following exhibition, Council receive a report regarding submissions to the draft Section 94 plan for Lismore Local Government Area (excluding North Lismore Plateau) and consider any recommended amendments.

 

(Councillors Ritchie/Ekins) (BP14/616)

 

Section 375A Voting Record

Voting for:                   Councillors Battista, Clough, Dowell, Ekins, Houston, Ritchie and Smith

Voting against:           Councillors Bennett, Scheibel and Meineke

 

 

 

 

11.4 Tender T2014-08 - Construction of Landfill Cell 2A, Wyrallah Road Waste Facility

 

 

153/14

RESOLVED that:

1.   Council accept the tender and award the contract for T2014-08 Construction of Landfill Cell 2A at the Wyrallah Road Waste Facility to Smith Plant Pty Ltd, for the amount offered $1,203,188.00, plus GST, in accordance with the Schedules of Rates provided in the Request for Tender submission.

2.   Council also accept the alternative proposal detailed in the body of the report by Smith Plant Pty Ltd for the haulage of the drainage blanket material from Blakebrook Quarry to the landfill site ($4.80 plus GST per tonne), and the excavation and haulage of clay material from the Floodplain Quarry to the landfill site ($12.00 plus GST per bulk cubic metre).

3.   Council endorse the expenditure for the “Additional Works” related to the construction of Landfill Cell 2A totalling up to $713,340.00 plus GST, outlined in the body of the report.

4.   The Mayor and General Manager be authorised to execute the contracts and any other relevant documentation, and attach the Common Seal of the Council.

 

(Councillors Clough/Smith) (BP14/554)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 


 

 

11.5 Tender T2014-06 - Orion Street Piling

 

 

154/14

RESOLVED that:

1.   In accordance with Clause 178 of the Local Government (General) Regulations 2005, Section (1)(b), Council decline to accept any of the tenders with respect to Tender T2014-06, Orion Street Piling.

2.   In accordance with Clause 178 of the Local Government (General) Regulations 2005, Section (3)(a), Council cancel the proposal for the contract due to funding constraints detailed in this report.

 

(Councillors Smith/Clough) (BP14/640)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

 

11.6 North East Waste Regional Waste Management Strategy

 

 

155/14

RESOLVED that the North East Waste Regional Waste Management Strategy be endorsed by Council.

 

(Councillors Smith/Clough) (BP14/603)

 

Voting for:                   Councillors Bennett, Clough, Dowell, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Councillors Battista and Ekins

 

 

At this juncture Councillor Houston left the meeting.


 

 

11.7 2014 Surplus Computer Donations

 

 

156/14

RESOLVED that:

1.       Council approve of the following community organisations becoming recipients of 1 Surplus Council Computer each (total 20):

Richmond River Historical Society

Salvation Army Lismore Corps

Northern Rivers Childcare Services Inc.

YWCA NSW

Centre of Gravity Community Centre

Lismore Branch Country Womens Association

Lismore Music Festival Society

Nimbin Community Centre

Dunoon Preschool Incorporated

Nimbin Neighbourhood Information Centre

Australian Navy Cadets T.S. Lismore

Lismore Thistles Soccer Club

LightnUp Inc.

Red Inc.

Now Remembered Australians

Cubawee Land Care Group

Nimbin PreSchool

The Lord’s Taverners Northern NSW

Lismore Low Vision Support Group

Northern Rivers Animal Services Inc

2.       A representative of each recipient organisation be advised of Council’s decision in writing forthwith, be invited to a ceremony to be held at Council’s Corporate Centre on 28 August 2014 and be requested to collect their surplus computer from Council staff before midday on that date.

3.       A representative of each of the remaining 16 community organisations be advised in writing forthwith that their application was unsuccessful and thanking them for their interest.

(Councillors Smith/Ritchie) (BP14/634)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

At this juncture Councillor Smith left the meeting.

 

 

11.8 2014/15 Miscellaneous Section 356 Donations to Community Groups

 

 

157/14

RESOLVED that:

 

1.    Council approve of the following 13 community organisations becoming recipients of Miscellaneous B Category Section 356 Donations in the 2014/15 funding round, in the amounts listed below, totalling $24,523.00 from the 2014/15 Budget of $24,400.00

 

     COMMUNITY ORGANISATION                             DONATION

Dunoon PreSchool

$2,075.00

Friends of Nimbin Pool

$350.00

Friends of Lismore Rainforest Garden

$1,868.00

Lifeline Northern Rivers

$2,200.00

Northern Rivers Science Hub

$2,200.00

Nimbin Community Centre Incorporated

$2,200.00

Rock Valley Hall (A) Renovations

$2,200.00

Goonellabah PreSchool

$2,200.00

WIRES Northern Rivers

$1,930.00

Tower PreSchool

$2,200.00

Northern Rivers Community Transport

$2,000.00

Clunes PreSchool

$2,200.00

On Track Community Programs Ltd.

$900.00

 

2.    A representative of each recipient organisation be advised of Council’s decision in writing forthwith AND invited to a cheque presentation ceremony to be held at the Lismore Council Chamber on 28 August 2014.

 

3.    A representative of each of the remaining community groups be advised in writing forthwith, thanking them for their input, explaining that their application was unsuccessful, and encouraging them to reapply next year.

 

 

(Councillors Clough/Bennett) (BP14/633)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Meineke, Ritchie and Scheibel

Voting against:           Nil

 

 

At this juncture Councillors Houston and Smith returned to the meeting.

 

11.9 Nominations Aboriginal Advisory Group

 

 

158/14

RESOLVED that Council approve the appointment of the following Lismore residents to the Aboriginal Advisory Group as per the attached terms of reference:

1.       Dianne Harrington;

2.       Brandon Harrington;

3.       Richard Fleming;

4.       Thelma James;

5.       Adrian ‘Mook’ Harrington;

6.       Debra Lee Rhodes;

7.       Tristan Charles; and

8.       May King.

 

(Councillors Houston/Clough) (BP14/507)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

 

11.10 2013-2014 Capital Works Program and KPIs Update for Roads, Parks and Water Infrastructure - June 2014

 

 

159/14

RESOLVED that:

 

1.   The progress report for the 2013-2014 Capital Works Program for Roads, Parks and Water Infrastructure to June 2014 be received and noted.

2.   Three (3) major road projects be carried forward to the 2014-2015 financial year, with corresponding funds.

 

 

(Councillors Smith/Ritchie) (BP14/563)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 


 

 

11.11 Delivery Program Progress Report 2013-2014

 

 

160/14

RESOLVED that the report be received and noted

 

(Councillors Smith/Clough) (BP14/630)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

 

 

 

 

11.12 Investments - July 2014

 

 

161/14

RESOLVED that:

1.   The report be received and noted.

2.   Policy 1.5.4 - Investment Policy Statement be amended, as per the policy attached

 

(Councillors Smith/Houston) (BP14/304)

 

Voting for:                   Councillors Battista, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Councillor Bennett

 

 

 

 

Committee Recommendations

 

 

12.1 Minutes of Traffic Advisory Committee Meeting of 16 July 2014

 

 

162/14

RESOLVED that the minutes be received and adopted and the recommendations contained therein be adopted excluding TAC47/14 Speed Limit on Eltham Road.

 

 

(Councillors Clough/Ritchie) (BP14/636)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

(Councillors Clough/Ritchie) (BP14/636)

 

 

A MOTION WAS MOVED that recommendation TAC47/14 Speed Limit on Eltham Road be removed and that no action be taken.

 

(Councillor Bennett/Scheibel) (BP14/636)

 

The voting being tied the Mayor declared the MOTION DEFEATED with her casting vote.

 

Voting for:                   Councillors Battista, Bennett, Meineke, Scheibel and Smith

Voting against:           Councillors Clough, Dowell, Ekins, Houston and Ritchie

 

163/14

RESOLVED that the minute TAC37/14 Speed Limit on Eltham Road stands – being That the proposed reduction of the speed limit on Eltham Road be supported.

 

(Councillor Clough/Ritchie) (BP14/636)

 

Voting for:                   Councillors Battista, Clough, Dowell, Ekins, Houston, Ritchie and Smith

Voting against:           Councillors Bennett, Meineke and Scheibel

 

 

 

 

Financial Assistance – Section 356

 

 

14.1 Financial Assistance – Section 356 Report

 

 

 

A MOTION WAS MOVED that in accordance with Section 356(1) of the Local Government Act 1993, the assistance to persons as listed above is hereby approved.

 

a)    Representative Selection – Policy 1.4.10 (GL390.735.15)

Budget: $900                       Spent to date:  $0

 

Anna-Leeza Hull, a Year 12 student at Richmond River High School has been selected to represent Australia in September at the UCI World Cycling Championships in Spain.  She is seeking support with travel expenses. 

 $397.00

In accordance with policy. 

                                           

b)    City Hall Reductions in Rental – Policy 8.4.2 (GL390.125.15)

Budget: $17,100                  Spent to date:  $0

 

Northern Rivers Community Legal Centre is requesting Council to discount the hire fees ($204) for the use of the City Hall on 2 July 2014 for the launch of a DVD about how family law can help Aboriginal families make good arrangements for their children post separation. An entrance fee is not charged.

 

Recommendation: In accordance with Clause 5 of the policy, a donation of 20% or $40.80 of the hire fees applies.

 

Esoteric Women’s Health is requesting Council to discount the hire fees ($257) for the use of the City Hall on 11 July 2014 for a Breast Cancer Care Retreat. An entrance fee is not charged.

 

Recommendation: In accordance with Clause 5 of the policy, a donation of 20% or $51.40 of the hire fees applies.

 

c)    Council Contributions to Charitable Organisations

Waste Facility – Policy 5.6.1 (GL390.965.15)

Budget: $12,000                  Spent to date:  $0

 

June 2014

Animal Right & Rescue                          $11.53

Caspa                                                               $11.53

Multitask                                                 $289.99

Nimbin Aquarius Land care Group                   $12.20

Friends of the Koala                                         $24.05

Lismore Soup Kitchen                                      $38.43

1ST Lismore Scout group                                  $3.84

Lifeline                                                              $374.54

Westpac Life Saver Helicopter                        $10.91

 

Total               $777.02

 

July 2014

Animal Right & Rescue                                    $12.73

Caspa                                                               $33.68

Multitask                                                           $327.27

Nimbin Aquarius Land care Group                   $48.71

Five Loaves                                                      $25.46

Friends of the Koala                                         $10.57

Lifeline                                                              $155.77

Westpac Life Saver Helicopter                        $33.64

 

Total               $647.83

 

In accordance with policy. 

 

(Councillors Clough/Smith) (BP14/585)

 

 

At this juncture Councillor Smith left the meeting.

 

AN AMENDMENT WAS MOVED that That Esoteric Women’s Health be removed from the Section 356 Report and that no discount be given.

 

 

(Councillors Battista/Bennett) (BP14/585)

On submission to the meeting the AMENDMENT was APPROVED and became the MOTION.

 

Voting for:                   Councillors Battista, Bennett, Houston, Meineke, Ritchie and Scheibel

Voting against:           Councillors Clough, Dowell and Ekins

 

164/14

RESOLVED that in accordance with Section 356(1) of the Local Government Act 1993, the assistance to persons as listed above is hereby approved.

 

d)    Representative Selection – Policy 1.4.10 (GL390.735.15)

Budget: $900                       Spent to date:  $0

 

Anna-Leeza Hull, a Year 12 student at Richmond River High School has been selected to represent Australia in September at the UCI World Cycling Championships in Spain.  She is seeking support with travel expenses. 

 $397.00

In accordance with policy. 

                                           

e)    City Hall Reductions in Rental – Policy 8.4.2 (GL390.125.15)

Budget: $17,100                  Spent to date:  $0

 

Northern Rivers Community Legal Centre is requesting Council to discount the hire fees ($204) for the use of the City Hall on 2 July 2014 for the launch of a DVD about how family law can help Aboriginal families make good arrangements for their children post separation. An entrance fee is not charged.

 

Recommendation: In accordance with Clause 5 of the policy, a donation of 20% or $40.80 of the hire fees applies.

 

f)     Council Contributions to Charitable Organisations

Waste Facility – Policy 5.6.1 (GL390.965.15)

Budget: $12,000                  Spent to date:  $0

 

June 2014

Animal Right & Rescue                          $11.53

Caspa                                                               $11.53

Multitask                                                 $289.99

Nimbin Aquarius Land care Group                   $12.20

Friends of the Koala                                         $24.05

Lismore Soup Kitchen                                      $38.43

1ST Lismore Scout group                                  $3.84

Lifeline                                                              $374.54

Westpac Life Saver Helicopter                        $10.91

 

Total               $777.02

 

 

July 2014

Animal Right & Rescue                                    $12.73

Caspa                                                               $33.68

Multitask                                                           $327.27

Nimbin Aquarius Land care Group                   $48.71

Five Loaves                                                      $25.46

Friends of the Koala                                         $10.57

Lifeline                                                              $155.77

Westpac Life Saver Helicopter                        $33.64

 

Total               $647.83

 

In accordance with policy. 

 

(Councillors Battista/Bennett) (BP14/585)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie and Scheibel

Voting against:           Nil

 

  

At this juncture Councillor Smith returned to the meeting.

 

Confidential Matters – Closed Council Meeting

 

165/14

RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;

 

Item                                16.1 Expression of Interest T2014-07 - Sale of 20 Gordon Blair Drive, Goonellabah - Vacant Land

 

Grounds for Closure   Section 10A(2) (c):

 

Public Interest              Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

(Councillors Clough/Smith)

 

Voting for:                   Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against:           Nil

 

  

At this juncture Councillor Ritchie left the meeting.

 

Resumption of Open Council

 

 

A MOTION WAS MOVED that When the Council had resumed its former sitting, the General Manager reported that Council, meeting in Closed Council, had RECOMMENDED:

 

16.1 Expression of Interest T2014-07 - Sale of 20 Gordon Blair Drive, Goonellabah - Vacant Land

 

1.       Having conducted an open Expression of Interest process for the sale of a vacant lot of land at 20 Gordon Blair Drive, Goonellabah, Council negotiate with North Coast Community Housing to purchase the land.

2.       The General Manager be delegated authority to undertake negotiations and finalise a suitable outcome for T2014-07, being the sale of vacant land at 20 Gordon Blair Drive, Goonellabah, on behalf of the Council on the basis of the Expression of Interest price of $139,000.

3.       The Mayor and General Manager be delegated authority to execute any and all documents necessary to give effect to this resolution under the Common Seal of Council.

 

(Councillors Smith/Clough)

 

166/14

RESOLVED that the General Manager’s report of Council meeting in Closed Council be received and adopted:

 

16.1 Expression of Interest T2014-07 - Sale of 20 Gordon Blair Drive, Goonellabah - Vacant Land

 

1.       Having conducted an open Expression of Interest process for the sale of a vacant lot of land at 20 Gordon Blair Drive, Goonellabah, Council negotiate with North Coast Community Housing to purchase the land.

2.       The General Manager be delegated authority to undertake negotiations and finalise a suitable outcome for T2014-07, being the sale of vacant land at 20 Gordon Blair Drive, Goonellabah, on behalf of the Council on the basis of the Expression of Interest price of $139,000.

3.       The Mayor and General Manager be delegated authority to execute any and all documents necessary to give effect to this resolution under the Common Seal of Council.

 

(Councillors Smith/Clough)

 

 

 

Voting for:                   Councillors Battista, Clough, Dowell, Ekins, Houston,  Scheibel and Smith

Voting against:           Councillors Bennett and Meineke

 

 

 

Closure

This concluded the business and the meeting terminated at 7.55pm.

 

CONFIRMED this NINETH day of SEPTEMBER 2014 at which meeting the signature herein was subscribed.

 

 

 

 

 

______________________________

 

MAYOR