NAMBUCCA SHIRE COUNCIL

 

 

ORDINARY COUNCIL MEETING - 2 OCTOBER 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 4 September 2008

5        Notices of Motion

5.1     Notice of Motion - Environmental Levy - Request for Detailed Report

5.2     Notice of Motion - Stormwater Levy - Request for Detailed Report  

6        DELEGATIONS—Motion to hear Delegations

7        ASKING OF QUESTIONS WITH NOTICE

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Cr Janet Court - Request for Leave - 19 September to 11 October 2008

9.2     Outstanding Actions and Reports

9.3     Categorisation of Lands acquired by compulsory acquisition

9.4     Proposed Subdivision of Part Lot 2 of the E J Biffin Playing Fields for sale to the Nambucca Valley Bridge Club

9.5     Proposed Cancer Resource Centre - Request for Funding Assistance

9.6     Review of Policy on Payment of Expenses and Provision of Facilities

9.7     Promoting Better Practice Review - Action Plan to Implement Report Recommendations

9.8     Recommended Changes to Council Meetings

9.9     Report on Investments to 31 August 2008

9.10   2008 National Awards for Local Government - Category "Innovation in  Regional Development" - Commendation to Nambucca Shire Council

9.11   Annual General Meeting - Warrell Creek Hall Committee of Management

9.12   Budget Review - 30 June 2008

9.13   Grant Application Status Report - September 2008

9.14   Eungai Preschool - Request for Formal Tenure Agreement

9.15   Offer of Aboriginal Sports Trainee Position

10      Director Environment and Planning Report

10.1   Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 19 September 2008

10.2   Contract Regulatory Officer's Report August 2008

10.3   Report on Institute of Public Works Engineering Australia National Conference on Climate Change

10.4   Report on attendance at Local Government Planners Network Forum

10.5   State of The Environment Supplement Report for 2007/2008

10.6   Draft Rural-Residential Land Release Strategy - Report on Response from Department of Planning

10.7   Report on Mid North Coast Group of Councils - Strategic Alliance - Awards for Excellence in Design and Heritage Proposal

10.8   Planning Reforms - Disclosure of Political Donations and Gifts

10.9   Amendments to Fees and Charges - EP&A Act and Swimming Pools Act

10.10  Rural-Residential 40 Lot Quota - Ballot Criteria

10.11  17th Annual Coastal Conference - Wollongong
4-7 November 2008


 

11      Director Engineering Services Report

11.1   Bridge Naming - Utungun Hall Committee

11.2   Sturdee Street Sewer Reticulation - Kings Point, Macksville

11.3   Policy - Smoke - Free Outdoor Areas

11.4   Report on Nambucca Emergency Operations Centre Committee Minutes - 29 August 2008

11.5   Nambucca Shire Traffic Committee - 4 September 2008

11.6   Nambucca Heads Sewerage Scheme Upgrade - Project Management of Tender and Construction Phase   

12      General Manager's Summary of Items to be Discussed in Closed Meeting

12.1   Update Report on Investigations into Alleged Unauthorised Land Use for Waste Business and Disposal

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

12.2   Termination of Waterslide Lease to M & G Cummings as at 30 June 2009

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains 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.

 

i    Motion To Close The Meeting

ii   Public Verbal Representations Regarding Proposal To Close

iii  Consideration Of Public Representations

iv   Deal With Motion To Close The Meeting

 

13      MEETING CLOSED TO THE PUBLIC

14      REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

 



Ordinary Council Meeting

2 October 2008

Notice of Motion

ITEM 5.1      SF793              021008         Notice of Motion - Environmental Levy - Request for Detailed Report

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

Cr Moran has requested that a detailed report be brought to Council in regard to the Environmental Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

Recommendation:

 

That Council be provided with a detailed report in regard to the Environmental Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

Notice of Motion

ITEM 5.2      SF793              021008         Notice of Motion - Stormwater Levy - Request for Detailed Report

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

Cr Moran has requested that a detailed report be brought to Council in regard to the Stormwater Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

Recommendation:

 

That Council be provided with a detailed report in regard to the Stormwater Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.1      SF1224            021008         Cr Janet Court - Request for Leave - 19 September to 11 October 2008

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

Cr Janet Court is currently on leave overseas and has advised that she will return on 11 October 2008.

 

 

Recommendation:

 

That Cr Janet Court be granted leave of absence from Friday 19 September to Saturday 11 October 2008 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

 

OPTIONS:

 

There are no options to consider.

 

 

DISCUSSION:

 

Cr Court advised the General Manager via email on 18 September 2008.

 

The declaration of the poll is being conducted at 10.00 am on Friday 19 September 2008 therefore Cr Court will be officially on leave from that time.

 

 

CONSULTATION:

 

There has been no further consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

There is no social impact.

 

Economic

 

There are no economic implications.

 

Risk

 

There is no risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the budget.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.2      SF959         021008         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans).  Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions.  Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting.  Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

 

 

FILE NO.

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

MARCH 2007

1

QWN19

01/03/07

Floodgates Gumma

DES

Halted by wet weather.

The main floodgate has been installed and has created a freshwater wetland—damaged by storms—probable revote due to weather.  Main floodgate repaired.  Will require a dry winter to complete.

Programmed after riverbank work.

AUGUST 2007

2

QWN14

16/08/07

Walter Monro Place—gutter dropped

DES

Design in preparation

Grate and box drain proposed.  Design prepared.  Construction in September.

Completed

 

SEPTEMBER 2007

3

SF428

20/09/07

That Council vigorously pursue the exclusion of the Farmland Mapping from those areas already identified for rural residential development that are already fragmented or removed from primary production.  All affected property owners within the quota zoning to be directly notified.

 

DEP

Department of Planning advised by letter 12/10 that all previous 1(C) zoned land and land not identified as Class 1, 2 or 3 Agricultural Land within the "broken black line" in Council's LEP will be excluded from the farmland mapping project.  Six pockets still to be resolved. Which will be finalised after the Draft-Rural Residential Strategy is ratified by Council.

 

Draft RRS now on exhibition, with submissions being considered.

Met with DoP 20/5 to further discuss Rural Residential & Farmland Mapping. Working towards a resolution.

 

DECEMBER 2007

4

SF639

06/12/07

That the skill levels of Council’s outdoor workforce be the subject of a further report.

MHR

April 2008.  Now deferred until receipt of PBP Review

 

5

SF791

06/12/07

Council apply to Minister and Governor to compulsorarily acquire certain lands from State Forests NSW following advice on a deed of agreement.

GM

Minister and Governor have now approved compulsory acquisition via land swap.  Acquisition to be confirmed in Government Gazette in 90 days on 24 October 2008.

JANUARY 2008

6

SF261

17/01/08

Any communication between the RTA and Council relating to the upgrade of the Pacific Highway be minuted and reported to Council.

GM & DES

RTA to meet Old Coast Rd residents in Council Chambers 4.00 pm Wed 13 Feb 2008. No further contact as at 25/2/08.  Letter sent to RTA requesting their attendance at 2 public meetings.

RTA advised that the preferred route for Warrell Ck and design refinements up to Urunga will shortly be announced.  A meeting will be held after the announcement.

RTA briefed Council on 25 June 2008 on preferred route – Warrell Ck to Urunga.  Follow up letter sent to RTA on 2 public meetings.  The Mayor has written to the Minister regarding the inequity of “hardship” purchases where just terms compensation is not applied.

10 July 2008 the Minister for Planning approved the project application for the Kempsey to Eungai upgrade under Part 3A of the EPA Act 1979.

See report item for 4 September business paper.

 

FEBRUARY 2008

MARCH 2008

7

6298/2008

20/3/08

Councillors be advised of potential contamination penalties which might be payable to Handybin for the Coffs Coast Waste Service.

 

DES

Report to Council in May 2008.

Discussed at contract meeting.  Domestic collection is satisfactory except for Gumbaynggirr Rd .  Audit to be done of transfer station waste as contamination is high.  No penalties at this time.

Working Party is developing an approach whereby the penalty increases with the level of contamination.

 

APRIL 2008

8

SF450

3/4/08

Council seek a breakdown of the administration levy and education provision for the Coffs Coast Waste Service

 

 

Cr Hoban advised 3/7/08 that there were still no leaflets available at the tip.

 

Cr Flack asked 3/7/08 if education costs were submitted?

 

DES

Advice has been sought from Coffs Harbour City Council.  No response at 22 May 2008.  No response as at 10 June 2008.

I advise that the administration charge breakdown remains unchanged from that outlined in Council’s letter of 28 May 2007 which in turn refers to Council’s letter of 6 November 2006.

 

Considering the increase in costs associated with the contract and CPI increases maintaining the fee at the current $4.55 per garbage service per annum the statistics and costings quoted in the breakdown of the three tables included in Coffs Council’s letter of 6 November 2006 have all increased but have been again utilised for the proposed fee in the 2008/09 financial year and have not been reworked to show the increases referred to above.  The breakdown of the details in reaching the $4.55 remains unchanged from those tables and the previous correspondence.

Council resolved to refer back to CH City Council.

Letter sent.

Leaflets available at landfill.

Response received and circularised.

9

SF744

17/04/08

Rehabilitation Bonds Mac’scon – that Council again write to the Dept of Water & Energy giving them 30 days to concur with release of 2 bonds

 

DEP

Letter received from DWE and forwarded to Mac’scon.

Met with applicant’s consultant 22/5.  Currently working through DWE issues.

 

10

SF699

17/4/08

A report be brought forward on assessing the best arrangement for Town Services in subsequent years.

DES

Report December 2008.

MAY 2008

12

QWN 103

15/05/08

Enviro Saver Program – further investigations

DEP

Onsite inspection and assessment for the retrofitting and installation arranged for late August/September 2008.  Rescheduled for Oct/Nov.

 

14

QWN 109

15/05/08

Road maintenance—Valla Rd near Pades and corner near Willies

DES

Money will be allocated from minor improvements when new budget starts

Rehab pavement in October.

 

16

QWN 111

15/05/08

Second Hand Shop at Newville—water coming off street into storage shed

DES

Design being costed and proposed to revise stormwater program to be included in 2008/09.  Works have commenced, k&g outstanding.  Letter to owner.  Still awaiting k&g contractor.

 

17

QWN 112

15/05/08

Missabotti Rd—spraying of vegetation

DES

Revisit in Spring for lantana & other vegetation growth.

 

18

QWN 113

15/05/08

Stormwater Drainage—Macksville Industrial Estate – easement required?

DES

Design being prepared for easement.  Owners consent received.  Preparation of survey plan completed. Solicitor to finalise.

 

20

SF35

15/5/08

That as a 6 month trial, Council amend the GM’s delegations so as to provide authority for functions under Part 4 of the EPA Act except where objections have been received and the application is “called in” by any Councillor.

 

DEP

Review to occur in December 2008.

JUNE 2008

21

SF15

05/06/08

NoM – That a report be prepared on the provision of toilets at the Macksville saleyards

 

MBD

DES

Determine cost to hire a portaloo.

 

22

SF357

05/06/08

NoM – That Council investigate the establishment of a district map on the western wall of the pool complex as public art and apply funds set aside for the tourist office.

 

GM

Grant application made under Regional Arts Fund.

24

SF793

05/06/08

NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches.

 

DES

Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries.

25

SF755

05/06/08

GM or DES consult with Depot staff in relation to carrying out maintenance for the Rural Fire Service fleet.

 

DES

To be discussed with workshop staff then report to Council.

26

SF844

19/06/08

Council send a delegation to the Minister for Water and Energy, the Hon. Nathan Rees to request confirmation of the Department’s subsidy for the Off River Storage Project.

 

GM

Letter sent 9/07/08.

Letter written to Andrew Stoner MP on 24/09/08 seeking a follow-up.

27

QWN 139

19/06/08

Status of $120,000 public art entry statements to Nambucca Heads

GM

Advice being sought from Nambucca Heads Chamber of Commerce.  Matter discussed with a Chamber rep on 28/8/08 who advised they are actively seeking grants and Council’s funds will be applied to the entry statements.

28

QWN 143

19/06/08

Blocked culverts on Rhones Creek Road

 

DES

Listed to be cleaned.

JULY 2008

29

QWN 150

03/07/08

Wash-away near Allan Proctor’s property on Rhones Creek

DES

Will be looked at same time as Brian Gaddes’ property.  To be assessed.

 

30

QWN 152

03/07/08

Reconstruction of Sturdee Street

DES

Programmed for October 2008.

 

32

Item 5.2

03/07/08

Copy of independent engineering consultant’s report to all Councillors

 

Progress report on works to Council

 

DES

Circularise consultant’s report.

 

To be included in Budget review.

33

Item 5.4

03/07/08

Amended Criteria for rural Residential Quota

 

DEP

Expressions of interest called with new criteria closing 1 Sept for the 40 Lots.  Item in Business Paper 2/10/09

 

34

SF529

03/07/08

That Council put the proposal of zoning land in R5 Large lot Residential in NLEP 2008 and including a clause that indicates that subdivision of such land must be in accordance with an adopted Rural Residential Strategy to the Minister of Planning.

 

DEP

Letter written 10 July 08.  No response at 27 August 2008. Item in Business Paper 2/10/09

 

35

Item 9.4

03/07/08

Bowraville Theatre – amended budget report

 

GM

Letter sent 10/07/08.

36

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

 

GM

Letter sent 15/07/08.

37

Item 9.1

03/07/08

Council form working party to resolve conflicting issues surrounding the use of footpaths

 

DEP

Working party meeting to be arranged August/September.  To be deferred to after elections.

 

Arrangements being made to hold meeting.

39

Item 11.4

03/07/08

That a new plan of management be prepare for Faringdon Playing Fields

DES

Awaiting outcome of grant application.

 

41

QWN 166

17/07/08

Road Base Repairs – Taylors Arm road near Johnston’s farm

 

DES

Listed.

45

 

SF360

17/07/08

Plan & costings be prepared for the Argents Hill hall – smaller replacement building –v- repairing existing hall.

DES

Meeting with CoM to ascertain their requirements.  GM and Assets Officer met with 2 reps of CoM and Cr Flack on 8 August.  Report to October on options for demolition, repair, replace & hand over.

46

RF386

17/07/08

Council seek legal advice regarding withdrawing our interest from the rights of carriageway (Rhones Creek Road).  That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.

DES

Advised from Land Titles referred to Solicitor for comment.

47

SF42

17/07/08

Revised Model Code of Conduct – seek co-operation of adjoining Councils to establish single conduct review committee – invite Mr Terry Perkins to participate – direction attention of staff to new Code – letter to all Committees of Management.

GM

Adjoining Councils notified.  Letter sent to Terry Perkins.  Remainder underway.

48

SF908

17/07/08

Request Minister for Planning for direction on a planning standard for sea level rise.

GM

Letter sent to Minister Sartor on 23/07/08.

 

49

SF283

17/07/08

List of areas in Council administration centre requiring work to ensure compliance with relevant standard for access for people with disabilities be referred to Council’s technical officers for assessment and if necessary a report be prepared for Council or the Access Committee.

DES

Audit to be undertaken by a Building Inspector and Community Manager.

50

LF3891

17/07/08

Access to timber mill – Nambucca Heads.  Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.

DES

Report to October 2008 Council Meeting.

51

SF679

17/07/08

Waste Depot - Council tender for the weighbridge, gatehouse and associated infrastructure with the exception of road approaches which are to be undertaken by Council.  There be a further report to Council on the outcome of the tenders and a detailed costing of the roadworks.

DES

Specification underway.

Draft tender and specification document prepared.

AUGUST 2008

55

QWN 172

07/08/08

Developers Refund (G & Y Wood) Scotts Head

DEP

 

Response letter sent to applicant and waiting further advice.

Seven day final courtesy letter send 26 August.

 

56

QWN 173

07/08/08

How much stone moved from quarry to Valla

DES

 

To be determined for flood damage job at Henderson’s and near Coleman’s road.

 

57

QWN 174

07/08/08

Report on: Is tank water drinkable

DEP

 

Action sheet marked to DES in error.  Information circulated to Councillors 24 September 2008.

 

58

NoM

07/08/08

Council seek quotations from landscape designers to prepare, in consultation with Joan’s Army, a landscaping Masterplan for riverfront from the Bridge to the public toilets.

DES

Report November 2008

60

QWN 169

07/08/08

Donnelly Welsh Playing Fields – Illegal Clearing – Council receive a report on the outcome of the referral to the DECC and NRCMA.

DEP

Letter sent 17/09/08

61

SF276

07/08/08

A report come back to Council on an amended Workplace Equity and Diversity Strategy which includes the designation of at least 2 positions for Aboriginal employment subject to the candidate being a suitable candidate.

 

GM

Report November 2008

62

QWN 181

21/08/08

Further discussions with Bridge Club regarding site/land for club house

 

MBD

On-going – report in Business Paper 2/10/08

 

63

QWN 183

21/08/08

Wilson Bridge – investigate the need for hotmix on bridge approaches on Kings Point side

 

DES

Settlement listed for levelling.

66

QWN 188            

21/08/08

Dead trees to be removed at Peter Trisley’s and at the gravel dump on Valla road

 

DES

Listed.

67

QWN 189

21/08/08

Contractor to be approached regarding break up of newly sealed part of Rodeo Drive

 

DES

Formally requested to review road conditions.

69

QWN 192

21/08/08

New playground equipment Upper Taylors Arm village

 

DES

Will require a budget of $5,000 for a swing, slippery dip and softfall.

 

71

QWN 194

21/08/08

Cleanup roadsides at Bowraville – request from Lions Club

 

DES

Draft agreement prepared. Council’s insurers to review.

 

72

QWN 195

21/08/08

Public seating – Bowra Street, Nambucca Heads

 

DES

 

Letter sent to immediate businesses.

Report to Council  16/10

 

73

QWN 196

 

DA 2006/143

21/08/08

Who authorised deletion of conditions for Hyland Park subdivision.

 

Who authorised deletion of requirement for ecologist to check for koalas

 

DEP

As part of the revised lot layout and with more accurate survey information it was identified that the permit may not be required as the development was further than 40m from the bank of Deep Creek.

 

The MBD sought to remove the requirement of an ecologist to some other qualified person and was advised that this could only be considered through a modification.

 

Modified Application to come to Council for final authorisation.

 

74

SF820

27/08/08

Request Rural Fire Service to maintain all fire trails throughout the area.  Request minutes of meetings for the past 12 months.

DES

Letter sent.

75

SF1090

27/08/08

Promoting Better Practice Program Action Plan

GM

Item in Business Paper 2/10/09

 

76

SF1031

27/08/08

Defer review of Environment and Planning Department Policies to new Council

DEP

November 2008

77

DA2006/056

27/08/08

Council received a report on the standard width for cycleways and its implications for DCP 17.

 

DES

November 2008

SEPTEMBER 2008

 

QWN 197

04/09/08

Burn off maps to Council’s website

DEP

 

Maps to be available on website during October

 

QWN 202

04/09/08

Alberta St—stormwater rehabilitation driveway at eastern end to be rebuilt

 

DES

March 2009

 

QWN 198

04/09/08

Prevention of cane toad infestation

DEP

 

Letter sent 8/09/08.  DPI advised 22/9/08 that matter has been referred to its Armidale office for reply.

 

QWN 199

04/09/08

Legal advice regarding right of carriageway on Gaddes’ property, Rhones Creek

 

DES

Still awaiting legal advice.

 

SF261

Item 9.1

04/09/08

Council write to the RTA re process they will be adopting in advising persons about the proposed highway upgrade

 

DEP

Letter sent 16/9/08

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.3      SF791              021008         Categorisation of Lands ACQUIRED by compulsory acquisition

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

On 26 April 2000 Council entered into an agreement with the Minister for Forestry and Forestry Commission (trading as “State Forests”) to effect a land swap.

 

Under the agreement State Forest is transferring 5 Lots to Council; those being,

 

Lot 1 in DP 884337                    being the land located on the corner of Hyland Park Road, Railway Road and Mann Street, Nambucca Heads;

Lot 2 in DP 1018234                  being the land located on the Old Coast Road and abutting the Nambucca            Shire land fill waste disposal site;

Lot 3 in DP 1028461                  being the land located on the corner of Link Road and the Pacific Highway, Nambucca Heads;

Lots 4& 5 in DP 1004357           being the land abutting the existing Nambucca Shire sewerage treatment             works.

 

Transfer of the above land is being effected through the compulsory acquisition process.  This process is nearing fruition with the Gazettal Notice due for publication in late October of this year.  Publication of the Gazettal Notice will vest title to the land with Council.

 

The Local Government Act 1993 (cl25-26) requires Council to categorise all Council owned land as either operational or community land within three months of acquisition.

 

Categorising of land can be done by way of Council Resolution on the proviso the category is not inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.

 

The Minister has consented to the compulsory acquisition of the land for the following usage:

 

Lot 1 in DP 884337          for industrial development and re-sale;

Lot 2 in DP 1018234                  for land fill waste disposal;

Lot 3 in DP 1028461                  for public recreation and community facilities;

Lots 4 & 5 in DP 1004357 for sewage treatment plant.

 

Accordingly and to give effect to the Minsters consent it is recommended that the above land be categorised as follows:

 

Lot 1 in DP 884337          for industrial development and re-sale – OPERATIONAL;

Lot 2 in DP 1018234                  for land fill waste disposal – OPERATIONAL;

Lot 3 in DP 1028461                  for public recreation and community facilities – COMMUNITY;

Lots 4& 5 in DP 1004357           for sewage treatment plant – OPERATIONAL.

 

The Local Government Act provides for notice to be given to the community for the proposed classification of land by Council Resolution.

 

Recommendation:

 

1        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 1 DP 884337, having an area of about 2.65 ha as Operational Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

2        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 2 DP 1018234 having an area of about 19.36 ha as Operational Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

3        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 3 DP 1028641 having an area of about 1.5 ha as Community Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

4        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Valley, County of Raleigh, being the parts of the Nambucca State Forest 543, No 1 extension, dedicated 19 March 1920, within Lots 4 & 5 DP 1004357 having a total area of about 3.078 ha as Operational Land within the meaning, and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

5        That Council publish the requisite Notice for the above proposed classification of lands pursuant to Section 34, under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993

 

6        That a Plan of Management be prepared for Lot 3 in DP 1028461 being for public recreation and community facilities.

 

 

OPTIONS:

 

The legislation is unambiguous with regard the allowable classification of land the subject of Minsters consent.  No option is available.

 

 

DISCUSSION:

 

See summary.

 

 

CONSULTATION:

 

Director of Environment and Planning

Director Engineering

Department of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts on the classification of the above land

 

 

Social

 

There are no social impacts on the classification of the above land

 

 

 

 

Economic

 

In the event Council fails to classify the land within three months of acquisition the land will be taken to have been classified under a LEP as community land.  If this were to occur Council would incur substantial additional costs in redrafting a further LEP to enable the use of the land in accordance with the Ministers consent.  Further until appropriate classification is made the land may not be used for any purpose other than that for which it was being used immediately before it was acquired.

 

 

Risk

There is no apparent risk associated with the classification of the above lands.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets other than paving the way for future land development and use.

 

Source of fund and any variance to working funds

 

There is no variation required.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.4      PRF16              021008         Proposed Subdivision of Part Lot 2 of the E J Biffin Playing Fields for sale to the Nambucca Valley Bridge Club

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

The Nambucca Valley Bridge Club (NVBC) has sought to obtain suitable land or premises for their club house.

 

Council has provided numerous options for the NVBC to use existing halls however the NVBC seeks to have exclusive use and control of their facility.  Council is not in a position to grant such a lease or licence.

 

In light of the NVBC’s desire to have full control of the facility it was recommended that they consider purchasing their own land.  The NVBC is open to this idea if suitable land can be identified.

 

Part of the E J Playing Fields was proposed as a possible site being classified as operational land and being in the general vicinity sought by the NVBC.  Should this site be utilised a subdivision would be required.

 

It is proposed that the land be sold at market value and the sale price be determined by independent market valuation.

 

The above proposal was explained at an informal meeting with Mr Trevor Keast the Chair of the E J Biffin Playing Fields Committee of Management (COM) who has expressed personal support.  Mr Keast has requested a report on the details of the proposal for the COM’s consideration.  Mr Keast indicated that if funds from the sale would further the COM’s development program he is confident that support would be forthcoming.

 

It is proposed that any proceeds of the sale be redirected to car parking facilities for the playing fields and club house and towards the COM’s development program.

 

It should be noted that all discussions have been in principal only pending Council’s full consideration of the matter.  This report is submitted to appraise Council of the efforts to accommodate the NVBC’s request and to seek Council’s approval to further investigate the proposal.

 

 

Recommendation:

 

1        That Council note the content of this report and the preliminary discussion held between Council staff and Mr Trevor Keast and Council staff and the Nambucca Valley Bridge Club.

 

2        That Council approve in principle the proposal to sell to the Nambucca Valley Bridge Club proposed Lot 200 being part of  Lot 2 in DP 1004209 being the hatched area on the attached plan.

 

3        That Council seek endorsement in principle from the E J Biffin Playing Fields Committee of Management for the sale of proposed Lot 200 being part of  Lot 2 in DP 1004209 to the Nambucca Valley Bridge Club.

 

4        That Council obtain an independent market valuation of proposed Lot 200 being part of Lot 2 in DP 1004209.

 

5        That Council commence negotiation with the Nambucca Valley Bridge Club on the terms of sale of proposed Lot 200 being part of Lot 2 in DP 1004209.

 

6        That Council obtain from the Property Officer a report on points 3, 4, 5 to enable Council to consider formal contractual arrangements pertaining to this proposal or otherwise.

 

OPTIONS:

 

With regard to identifying land for the NVBC - reject the proposal and investigate other land for the NVBC to purchase or lease.

 

With regard to directing proceeds to the COM Development Plan – retain all funds to Council’s General Working Fund or apportion the funds between the COM and the working fund.

 

 

DISCUSSION:

 

The Nambucca Valley Bridge Club by way of their correspondence of 17 July 2008 has requested and Counsellor Michael Moran has recommended that Council make further enquiries as to a suitable site for the NVBC club house.

 

The initial request of the NVBC was for the donation or license for the exclusive use by the club of a portion of Crown Land Reserve.

 

Section 102 of the Crown Lands Act 1989 precludes Council, in its capacity as a Manager of a Crown Reserve Trust, from selling, leasing or granting a license of Crown Reserve to the exclusive use of a single community group without the consent of the Minister.  The Department of Lands has refused the NVBC request for a donation or lease of land.

 

Council owned land classified as Community Land cannot be sold or transferred by Council (without re classification).

 

Should Council seek to grant a lease or licence to the exclusive use of a single community group extensive community consultation would be required.  In any event previous investigation by Council staff has identified numerous public hall facilities which the NVBC could utilise.  Notwithstanding this the NVBC has advised that in their view it is in the best interest of the club to have full control of a club house facility.

 

Council staff recommended that the NVBC consider purchasing their own land if they sought ultimate control over their facility.

 

To this end part of the E J Biffin Playing Fields was identified as having the potential to be subdivided and sold to the club.  The NVBC has expressed strong enthusiasm for this proposal to be fully explored.

 

Details of E J Biffin Playing Fields

 

The E J Biffin playing field comprises two lots.

 

Lot 1 in DP 1004209 is classified as community land and forms the bulk of the playing fields.  A copy of the Deposited plan is attached to this report.

 

Lot 2 in DP 1004209  is classified as operational land and comprises the amenities block and the site of the old tennis courts.  The tennis courts have been dismantled and the area of proposed lot 200 is unused broken ground adjacent to the sewer pump station.

 

It is proposed that a portion of the old tennis courts be subdivided from Lot 2 as per the attached draft plan.  It should be noted that the attached plan details arbitrary boundaries only and is submitted to assist in identifying the portion of Lot 2 the subject of this report.  Boundaries to a final plan would need to accommodate any development consent parking and set back provisions.

 

 

 

 

 

 

Committee of Management

 

The playing fields are managed by the E J Biffin Playing Fields Committee of Management.  The Committee has numerous plans for the upgrade and development of the park but do not have the resources at this stage to enable the plans to be implemented.  Attached for reference is a copy of the current proposal for the park.

 

Council staff have met with Mr Trevor Keast (Chair of the COM) to outline the proposal to subdivide and sell land to the NVBC.  Mr Keast has requested a report be submitted to the Committee of Management for their consideration.  He is otherwise personally supportive of the proposal and has commented that the area of the proposed subdivision was essentially superfluous to the committees’ plans.

 

Mr Keast advised that in his opinion car parking and drainage were the two issues that the committee would address as a priority when the resources were available to do so.

 

It is suggested that any proceeds of the sale (after legal and subdivision costs) be directed to providing car parking requirements and furthering the development plans for the playing fields.

 

Planning and Subdivision Issues

 

The E J Biffin Playing Fields are zoned 6(a) Public Recreation.  A building (clubhouse) would fall under the definition of a “community centre” or “recreation area” which are both permissible in a 6a zone.  The use of the land as a bridge club is permissible within the zoning.

 

Notwithstanding the 6(a) Zoning a restriction on use should be registered on Title to ensure that the land could only ever legally be used for the express purposes prescribed by the zoning.  Such restriction are to be to the benefit of NSC.

 

Given that this proposal would result in Clear Title issuing to the Bridge Club a “covenant” on title providing the frame work for council to repurchase the land should be considered to ensure Council could repurchase the land in the event the NVBC sought to transfer or sell the land.  Legal advice should be sought in this regard if Council chooses to pursue this matter.

 

A Right of Carriageway would need to be created as part of the subdivision to enable legal access to the proposed lot.

 

 

Contract for Sale Issues

 

A contract for sale should include the following provision:

 

1           The contact be subject to and conditional upon the registration of the plan of subdivision (such condition would enable council to proceed with the subdivision with the confidence that the NVBC would complete the contract upon registration).

 

2          The NSC retains the power to repurchase the land in the event the NVBC does not complete the development of the club house within a reasonable time frame (say 2 years).

 

3          The NSC retains the right to repurchase the land at the same sale price in the event the NVBC seek to sell or transfer the land in the future.

 

Council would need to engage a property Lawyer to draft necessary agreements should Council elect to pursue this matter.

 

 

 

 

 

CONSULTATION:

 

Nambucca Valley Bridge Club

Mr Trevor Keast - E J Biffin Playing Fields Committee of Management Chairperson

Director of Engineering Services

Director of Environment & Planning

Council Surveyor

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues that will arise from this proposal.

 

Social

 

The author understands E J Biffin Playing Fields is the largest of the Shires playing fields.  The COM has substantial aspirations to develop the fields into a multi sport precinct but is hampered by available funding.  Whilst proceeds of a sale of part of the land will not meet all development costs it would address some of the priority issues identified by the COM.

 

The NVBC has flagged their desire to have a clubhouse in an area that is close to schools as they have plans to promote the game to young people.

 

It appears that the is proposal would benefit a number of community organisation and result in the improvement of a council facility.

 

Economic

 

Enabling NVBC to purchase and build their own club house will remove council from the ongoing costs of maintenance of the facility.

 

Directing proceeds to the COM development program will arguably increase the use and patronage of the fields.  Mr Keast flagged potential for regional touch football carnivals and athletic carnivals which would impact on the local economy.

 

Risk

 

The Nambucca Valley Bridge Club is currently a strong, relatively well financed Club.  This may not be the case in the future.  Consideration should be given to the amount of control Council has over future use and ownership in the event the Nambucca Valley Bridge Club fails or seeks to on-sell the property.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

It is envisaged that valuation, legal and subdivision cost will be met from sale proceeds. 

 

Source of fund and any variance to working funds

The source of funds in the first instance will be drawn from Land Development funds however it is anticipated that the proceeds of sale will reimburse the account.

 

Attachments:

1View

22856/2008 - Lot 1 DP 1004209 and Proposal for E J Biffin Playing Fields

4 Pages

 

 


Ordinary Council Meeting - 2 October 2008

Proposed Subdivision of Part Lot 2 of the E J Biffin Playing Fields for sale to the Nambucca Valley Bridge Club

Attachment 1

22856/2008 - Lot 1 DP 1004209 and Proposal for E J Biffin Playing Fields

 


 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.5      SF24                021008         Proposed Cancer Resource Centre - Request for Funding Assistance

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Nambucca Valley Cancer Support Group Inc. proposed to develop a Cancer Resource Centre at the Macksville Hospital.  The first stage will be the construction of a storage facility for equipment required to provide palliative care in the home.  The estimated cost of the storage facility is $68,000 and the Group has asked that Council provide funding of $10,000 towards this first stage.

 

With the increased demands to be placed on the health system through the ageing of the population and the wish of many people to receive palliative care in their home environment, it is in the community’s interest to assist such an important health initiative as home based support for cancer care.

 

 

Recommendation:

 

1        That Council make provision in its budget for 2009/2010 for a donation of $10,000 towards           the proposed Cancer Resource Centre to be constructed in the grounds of Macksville           Hospital.

 

2        Council provide a donation equivalent to any fees and charges which will be imposed for a           development application and construction certificate as well as any charges for water and           sewer headworks (Section 64).

 

3        Council thank the Nambucca Valley Cancer Support Group Inc. for their work in providing           cancer support services in the community.

 

 

OPTIONS:

 

Council has the option of providing financial support for the project or not.  It is also open for Council to determine the level of financial support to be provided.

 

 

DISCUSSION:

 

There has been a community based fund raising campaign underway since March 2006 to raise money for a proposed Cancer Resource Centre to be located in the grounds of the Macksville Hospital.  The fund raising campaign is driven by the Nambucca Valley Cancer Support Group Inc.

 

The major functions for the Nambucca Valley Cancer Resource Centre will be:

 

·      A place where services can be offered, such as counselling for groups and individuals, provision of information and resources for patients and their carers.

·      A place where education can be offered to people living with cancer, palliative care patients and their carers.

·      A venue for visiting doctors with a special interest in cancer and palliative care issues.

·      A base for cancer support groups to meet to provide information, support and hope to people living with cancer and their families.

·      A base for cancer/palliative care staff who provide services to the Nambucca Shire.

·      A central area for the storage and distribution of equipment for people with cancer and palliative care patients.

·      A place for community health promotion activities such as the Biggest Morning Tea, Daffodil Day and ongoing fund raising activities for cancer and palliative care patients.

 

The attached statistics provided by the Nambucca Valley Cancer Support Group Inc. give an indication of the need for palliative care services in the Valley which is one aspect of their work.  There are on average about 5-6 new referrals each month with a significant proportion of patients electing to remain in their home.

 

The Nambucca Valley Cancer Support Group Inc. propose to develop the Cancer Resource Centre in two stages.  The first stage will be the construction of a storage facility being a 3 bay shed for the equipment required to provide palliative care in the home.  This equipment consists of special beds, mattresses, toilet raisers and nursing aids and is provided on loan.  The group currently rent an industrial shed in Macksville to store this equipment at a cost to them.

 

The estimated cost of stage 1 is $68,000 and it is proposed that construction commence at the start of June 2009.

 

Stage 2 would be to provide an office adjacent to the shed to support the Group’s activities.  However to date the funding required for this is beyond the means of the Group.

 

In April 2006, Council was requested to provide $10,000 to assist with the marketing of a fund raiser at the Pub with No Beer over the October long weekend.  The Committee was advised that given Council’s stewardship responsibilities under the Local Government Act that Council would prefer to make a contribution direct to a building fund rather than for event marketing.

 

In April 2008 Council received a letter from the Nambucca Valley Cancer Support Group Inc. seeking a commitment of $10,000 towards the construction of the project.

 

The General Manager then attempted to meet with the Group but timetable clashes meant that the Group represented by Julie Jones, Irene Rowsell and Ruth Welsh met with the General Manager on 25 August 2008.

 

The proposed funding arrangement for Stage 1 stands at:

 

North Coast Area Health Service                             Providing site at no cost

Nambucca Valley Cancer Support Group Inc.           $40,000

Nambucca Shire Council                                                  $10,000

Balance to be raised (either cash or in-kind assistance)      $18,000

 

The Cancer Support Group is confident that they will reach their funding target by mid 2009 which will enable the project to proceed.

 

The importance of the Group’s work is self evident.  In the 2006 Census 22.6% of the population of the Nambucca Local Government Area were 65 or more years of age compared to the national average of 13.3%.  Put another way, the median age of Nambucca Valley residents was 46 years compared to the national median age of 37 years.  With the baby boomer population “bubble” now reaching retirement years, the age profile of the area will increase significantly.  This ageing population carries higher risks of cancer and the need for palliative care.  With the increased demands to be placed on the health system through the ageing of the population and the wish of many people to receive palliative care in their home environment, it is in the community’s interest to assist such an important health initiative as home based support for cancer care.

 

Council will appreciate that it is being called upon to contribute funding to a State Government responsibility at a time when Councils’ share of GDP is diminishing relative to the other levels of government and where the NSW Government uses rate pegging to constrain Councils’ revenue.  Whilst this may be difficult to accept, the proposal and its volunteer support base is so important to our community that the fiscal division of responsibilities in the federation has to be put aside to achieve a collaborative outcome.

 

The requested $10,000 has not been provided for in Council’s 2008/2009 budget but given the target date for commencing construction being 1 June 2009, it is proposed that the Group be advised that the funding will be provided in Council’s 2009/2010 budget.

 

It is also proposed that provision also be made for a donation equivalent to any fees and charges which will be imposed for a development application and construction certificate as well as any charges for water and sewer headworks (Section 64).

 

 

CONSULTATION:

 

There has been consultation with the Nambucca Valley Cancer Support Group Inc.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The work of the Cancer Support Group is very important to the social wellbeing of the local community and particularly the aged.  A dedicated group of volunteers are providing a service which would otherwise come at a significant cost to the State Government or not be provided.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There is no significant risk to Council.  Its role in the project is limited to its contribution.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed $10,000 in funding will have an affect on the 2009/2010 budget.

 

Source of fund and any variance to working funds

 

There will be no impact on working funds as it will be part of the budget for 2009/2010.

 

Attachments:

1View

21572/2008 - Request for financial assistance for Nambucca Valley Cancer Resource Centre

 

 

 


Ordinary Council Meeting - 2 October 2008

Proposed Cancer Resource Centre - Request for Funding Assistance

Attachment 1

21572/2008 - Request for financial assistance for Nambucca Valley Cancer Resource Centre

 



 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.6      SF265              021008         Review of Policy on Payment of Expenses and Provision of Facilities

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The policy on payment of expenses and the provision of facilities to Councillors has to be reviewed by 30 November each year.  This year it is recommended that Councillors consider amending the existing policy to make provision for a claimable expense for internet access up to a maximum of $40.00 per month.  This acknowledges the increasing reliance on the internet to obtain information and to communicate.  It is also recommended that the Mayor be provided with a computer and that the existing computer in the Committee Room which is available for use by Councillors be acknowledged in the Policy.

 

 

Recommendation:

 

1        That Council give public notice for 28 days of its intention to amend its policy on Payment of Expenses and Provision of Facilities for Councillors by adding a claimable expense for Councillors being internet access up to a maximum of $40.00 per month; the provision of a computer for use by the Mayor and the provision of a computer for use by Councillors.

 

2        That following the public notice period, the draft amendment together with any submissions be referred back to Council for final consideration.

 

 

OPTIONS:

 

Council has reasonably wide discretion as to the matters which can be included in the policy.  However there is an overriding principle that the provisions of the policy be transparent and acceptable to the community.  Any increase in the provision for expenses and facilities will have a budgetary impact.

 

 

DISCUSSION:

 

Section 252 of the Local Government Act 1993 requires that by 30 November each year, the Council adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor and the other councillors in relation to discharging the functions of civic office.

 

The policy may provide for fees payable to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

 

The Department of Local Government has issued “guidelines” for this policy and Council’s policy must comply with these guidelines under Section 252(5) of the Local Government Act.  The most recent version of the Departments guidelines is Circular No. 07-22 dated 28 May 2007.

 

The overriding principle to be addressed in the development of the policy is that the details and range of expenses to be paid and facilities provided to councillors by the council must be clearly and specifically stated and be fully transparent and acceptable to the local community.

 

The payment of expenses and the provision of equipment and facilities to councillors must not be open ended.  Councils must agree and set monetary limits to all expense provisions in their policy where practicable and where appropriate, as well as standards for the provision of equipment and facilities provided to councillors.

 

Section 252 only authorises payment or reimbursement of actual expenses incurred by councillors in carrying out their civic duties.  It is not lawful for councils to pay general allowances unrelated to actual expenses incurred or designed to supplement councillors’ annual fees.

 

Councils must implement section 253 of the Local Government Act 1993 before amending its existing policy.  Section 253 requires that Council give public notice of its intention to amend the policy and allow at least 28 days for the making of public submissions.  Before adopting or amending a policy, the council must consider any submissions made within the time allowed and make appropriate changes to the draft policy or amendment.

 

Within 28 days of adopting or amending the policy, the policy and details of any submissions are to be forwarded to the Director-General of the Department of Local Government.

 

The existing policy is attached.

 

To acknowledge the increasing reliance on the internet to obtain information and to communicate, it is recommended that Council consider making provision for an additional expense being internet access up to a maximum value of $40.00 per month.  This will provide for a “dial up” subscription or a basic ADSL subscription (if available in the area).

 

Therefore it is proposed that a new expense provision be added to the existing policy in Section 1.2 Expenses, as follows:

 

“1.2.4 Internet Connection

(a)      Upon submission by a Councillor of a claim for internet access which is to include a copy of an invoice for such access, the Council will reimburse the cost of such access on a monthly basis up to a maximum of $40.00 per month.

 

Note: In accepting this expense Councillors shall abide by Council’s policy on the use of the internet and email.  Councillors shall also forward any email which may concern Council business to Council’s email address council@nambucca.nsw.gov.au so that it may be stored on Council’s electronic records systems in accordance with the State Records Act.  A copy of Council’s policy on the use of the internet and email as well as Councillor’s responsibilities under the State Records Act will be provided upon receipt of an initial claim.

 

It is recommended that the facilities to be available to the Mayor now include a computer, again a reflection of the increasing reliance on electronic information systems.

 

It is also proposed that the Policy be amended to reflect the fact that a computer is available for use by Councillors in the Committee Room.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

 

Risk

 

Attention has been directed to the obvious risks associated with non-compliance with Council’s policy on the use of the internet and email and also Councillors responsibilities under the State Records Act.

 

Councillors should be aware that they, along with Council staff, are responsible under the State Records Act to, make and keep full and accurate records of the activities of the office.” (Section 12).  This includes electronic records.  The keeping of full and accurate records is very much a means to manage and reduce Council’s public liability and professional indemnity risk.  If documents which pose a risk are not recorded then it is impossible to take action to avoid or minimise any risk.  Also the documentation of a conversation or the recording of an email exchange may assist Council in defending any claim which may be made against it.

 

More generally to avoid embarrassment Councillors should refrain from putting any comments in an email which they would not be prepared to make in a public meeting.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The payment of the expense will cost a maximum of $4,320 per annum, although the actual expense is likely to be less as some Councillors will only be able to claim for a cheaper “dial up” connection whilst some Councillors may not wish to use the internet at all.

 

There will be a “one off” cost of approximately $2,000 for the purchase of a computer for the Mayor which will need to be provided for in a budget review.

 

Source of fund and any variance to working funds

 

No provision has been made in the budget for this cost so initially it will require a budget variation and a potential negative impact on working funds of less than $3,000 as the financial year will be more than 4 months old by the time it has been on exhibition and adopted.

 

Attachments:

1View

24020/2007 - POLICY - Councillors - Payment of Fees and Expenses and  Provision of Facilities to Councillor

 

 

 


Ordinary Council Meeting - 2 October 2008

Review of Policy on Payment of Expenses and Provision of Facilities

Attachment 1

24020/2007 - POLICY - Councillors - Payment of Fees and Expenses and  Provision of Facilities to Councillor  /

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

COUNCILLORS—

PAYMENT OF FEES, EXPENSES &

PROVISION OF FACILITIES TO COUNCILLOR

 

 

Function:  CORPORATE SERVICES

 

 

Adopted: 8 April 2004 (038)     

Last reviewed: 15 February 2007 (049)

15 November 2007

 

 

 

 

1.0       Policy objective

 

·              To comply with the requirements of the Local Government Act and the Code of Conduct

·              To ensure that Councillors are able to effectively carry out their responsibilities as members of the Council and as community representatives without suffering financial hardship

·              To provide appropriate insurance coverage for Councillors in respect of Personal Accident, Public Liability and Professional Indemnity and Councillors' and Officers' Liability.

 

2.0       Related legislation

 

Local Government Act 1993, Section 232

Local Government Act 1993—Sections 248 to 254

Code of Conduct

Local Government Remuneration Tribunal

 

3.0       Policy statement

 

1          COUNCILLORS FEES, EXPENSES AND FACILITIES

 

1.1       Annual Fees

 

1.1.1       The Mayor and Councillors will be paid an annual fee in accordance with the determination of the Local Government Remuneration Tribunal.

1.1.2       The Mayor and Councillors will be paid the maximum annual fee for the category classification for Nambucca Shire Council determined from time to time by the Tribunal.

1.1.3       If a Councillor is absent, with or without leave of the Council, from ordinary meetings of the Council for any one period of more than 3 months, payment will not be made for the period in excess of 3 months.

 

1.2       Expenses

 

1.2.1       Travel

(a)           Councillors will be reimbursed for travelling to and from meetings of Council or meetings of any Committee of Council or meetings of any Organisation to which a Councillor has been appointed as a delegate or any other activity which has been authorised by Council. 

(b)           Travel by private motor vehicle will be reimbursed at the kilometre rate applicable in the Local Government (State) Award.


2

 

PAYMENT OF ANNUAL FEES, EXPENSES & PROVISION OF FACILITIES AND BENEFITS TO COUNCILLORS    (continued)

 

 

(c)           Councillors should determine from the General Manager the availability of a Council vehicle for travel outside the Shire and during  business hours.

(d)           If a Council vehicle is available and a Councillor chooses to use a private vehicle, only fuel costs will be reimbursed.

(e)           Claims for travel expenses must be made on the Councillors expenses claim form and will be reimbursed with the normal monthly claim.

1.2.2       Sustenance

(a)           A meal and refreshments will be provided for Councillors at Council and Committee meetings and Working Parties or any other time deemed appropriate by the Mayor or General Manager while on Council business.

(b)           Councillors will be reimbursed for sustenance expenses if the Councillor partakes of a meal not provided by Council as part of official function, while on Council business.

(c)           The maximum level of reimbursement will be appropriate to the circumstances of attendance and will be determined by the General Manager.

(d)           Claims for sustenance expenses must be supported by receipts and will be reimbursed with the normal monthly claim.

1.2.3             Out of Pocket Expenses

(a)           Reasonable out of pocket expenses incurred while attending an authorised Council function will be reimbursed as determined by the General Manager.

                         (b)        Expenses of a personal nature are excluded

(c)           Claims must be supported by a receipt and must be made no later than three (3) months after the expenses were incurred.

 

1.3          Provision of Facilities

 

The following facilities will be provided to assist Councillors in the performance of their duties:

             1.3.1    Councillors

(a)           Provision of business cards and name badges, but not specialist secretarial services.

(b)           Provision of official stationary including letterheads upon application to the General Manager.

(c)           Postage of official correspondence—all mail is to be directed through the Council's own mailing system.

(d)           A Councillor's Room for official business, located in the Administrative Building

(e)           Use of Council's copying facilities for official business.

(f)            Suitable personal protective equipment in accordance with the Occupational Health and Safety Act (2000) and the Occupational Health and Safety Regulations (2001) as amended, relating to general construction site requirements.

(g)           Council Information

i)              Council staff will provide appropriate information and documentation to assist Councillors in the performance of their duties.

ii)             Where copies of documents or information are required a request should be made to the General Manager, the appropriate Director or Manager.


3

 

PAYMENT OF ANNUAL FEES, EXPENSES & PROVISION OF FACILITIES AND BENEFITS TO COUNCILLORS    (continued)

 

 

iii)            Requests from Councillors for in depth information, research or reports to Council shall be initiated by way of either Council resolution or by authorisation from the General Manager or Mayor.

iv)            Requests for information or assistance should be made to the appropriate Director or Manager or, if such officers are not available, to the most senior person available at the time.

 

1.3.2       Mayor

In addition to those facilities that may be provided to the Councillors as set out in 1.3.1 above, the Mayor is entitled to receive the benefit of:

 

(a)           A fully serviced and maintained motor vehicle for the purposes of discharging the function of civic office

(b)           Full private use of the motor vehicle in accordance with Council's Use of Council Vehicle Agreement

(c)           A furnished office located in the Administration Building

(d)           Secretarial services associated with the office of Mayor

(e)           Administrative assistance associated with functions of the office

(f)            Office refreshments

(g)           A 24 hour access card to the Council offices

(h)           A facsimile machine at place of residence

(i)            A mobile telephone with car kit, serviced and maintained.

 

2          ATTENDING AT CONFERENCES AND SEMINARS

 

2.1       Authorisation

2.1.1       Council will set a budget allocation each financial year for individual Councillors' attendance at conferences and seminars

2.1.2       Councillors will be advised of all relevant conferences notified to Council

2.1.3       Councillors' attendance at a conference or seminar will be authorised by resolution of Council

2.1.4       Councillors must give maximum notice of attending a conference or seminar to enable "early bird" discount to be achieved

2.1.5       Councillors may exceed their budget allocation for attendance at conferences and seminars by resolution of Council.

 

2.2             Accommodation

2.2.1       Accommodation will be booked and paid for by Council at accommodation where government rates apply.

2.2.2       Accommodation booked for attendance at a conference will be at the venues suggested by the conference organiser.

2.2.3       Accommodation shall be paid on a single room per night basis, based on reimbursement for actual costs involved.

2.2.4       The standard of accommodation is not to exceed four stars except where a conference or seminar venue exceeds four stars, or as determined by the General Manager.

 

2.3               Travel

 

2.3.1       Councillors attending conferences and seminars will travel by air service, economy class

2.3.2       Where air travel is not available or unsuitable, a Council vehicle will be provided


4

 

PAYMENT OF ANNUAL FEES, EXPENSES & PROVISION OF FACILITIES AND BENEFITS TO COUNCILLORS    (continued)

 

2.3.3       Where a Councillor elects to travel by private vehicle, reimbursement will be on a rate per kilometre as per 1.2.1(a) or equivalent air travel cost, whichever is the least cost.

2.3.4       Council will meet the cost of transferring Councillors from their place of abode to the airport and return from the airport to their place of abode.

2.3.5       Council will meet the cost of transferring Councillors from the airport to the hotel and return at the conclusion of the conference or seminar

2.3.6       Should a Councillor be accommodated in a hotel not being the site of a conference or seminar, Council will meet the cost of travelling from the hotel to the site of the conference or seminar and return each day.

 

2.4              Reimbursement of Costs

 

2.4.1       All costs associated with Conferences and seminars will be paid in advance by Council; ie

i) Registration and associated documentation

ii)            Travel (see 2.3)

iii)           Accommodation (see 2.2)

iv)            Sustenance (see 1.2.2)

2.4.2    Councillors partners may accompany them on Council business trips at no expense to Council.

 

2.5               Reporting

 

Councillors are to provide a report to Council outlining proceedings, recommendations and important issues from the conference or seminar.

 

3               INSURANCE

 

Councillors will receive the benefit of insurance cover to the limit specified in Council's insurance policies for the following:

 

3.1          Personal Injury

 

Personal injury or death whilst on Council business, worldwide, covering bodily injury caused by accidental, violent, external and visible means.  Personal injury insurance also provides specified benefits for lost income and other expenses arising from permanent disablement, temporary total disability and temporary partial disability.  The cover does not include medical expenses.  Full details of personal accident insurance are available from Council's Risk Manager.

 

3.2          Professional Indemnity

 

Professional Indemnity insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as a Councillors, provided the performance or exercise of the relevant civic duty or function is in the opinion of council bona fide and/or proper.  This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council.


5

 

PAYMENT OF ANNUAL FEES, EXPENSES & PROVISION OF FACILITIES AND BENEFITS TO COUNCILLORS    (continued)

 

 

3.3          Public Liability

 

Public Liability insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as Councillors. This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council.

 

3.4       Councillors' and Officers' Liability (Including Employment Practices Liability)

 

Applies to cover expenses incurred by Councillors in respect of claims made against them for any alleged wrongful acts arising out of their official capacities (but excludes cover for statutory penalties (see 3.5 below).

 

3.5       Statutory Liability

 

Applies to cover penalty and defence costs payable by Councillors to any regulatory authority pursuant to any Act of a (not deliberate) wrongful statutory breach, while acting within the scope of their duty.

 

3.6       Personal Effects—Council Premises

 

Councillors are not covered for loss or damage of personal effects.

 

3.7       Use of Private Motor Vehicle while on Council Business

 

Councillors using their private motor vehicles to undertake civic duties or when attending Council and Committee meetings or Conferences are not covered for the loss or damage to their vehicles.  This is covered by the kilometre hire rate.

 

4              ACCOUNTABILITY

 

The Annual Report for a year shall include a disclosure of the Councillor expenses incurred during that year pursuant to the provisions of Section 428(2)(f) of the Local Government Act 1993.

 

In addition, a letter will be issued to all Councillors showing all fees, expenses and all payments made to Councillors in performance of their duties for the financial year.

 

 

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.7      SF1090            021008         Promoting Better Practice Review - Action Plan to Implement Report Recommendations

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Department of Local Government requires that Council commit to an action plan to respond to its Promoting Better Practice Review Report.  A proposed action plan is attached to the report. 

 

Its implementation will require a major commitment of staff resources over the next 12-18 months.  Provision of $20,000 has already been made in the budget for 2008/2009 for a contractor to undertake a risk assessment across all operational areas.  However a further allocation of $5,000 is proposed to prepare a fraud & corruption prevention plan and to undertake a fraud risk assessment. 

 

A further recommendation for expenditure may arise out of the investigation of integrated planning and reporting software.

 

 

Recommendation:

 

1        That Council seek quotations from 3 contractors to conduct a risk assessment across all operational areas and that the General Manager be provided with delegated authority to engage a contractor provided it is within the budget allocation of $20,000.

 

2        Council seek quotations from 3 contractors to prepare a fraud and corruption prevention plan and undertake a fraud risk assessment and that the General Manager be provided with delegated authority engage a contractor provided it is within a budget allocation of $5,000.

 

3        The September quarterly budget review make provision for $5,000 for the fraud and corruption prevention plan and fraud risk assessment.

 

4        That the completed action plan with any amendments be forwarded to the Director General of the Department of Local Government.

 

5        That a progress report on the implementation of the action plan be made to firstly Council and then the Department of Local Government within 6 months.

 

 

OPTIONS:

 

Council has to respond to the Department with a completed Action Plan.  Council has discretion as to the actions to be taken to respond to the recommendations.

 

 

DISCUSSION:

 

At Council’s meeting on 27 August 2008, the final Promoting Better Practice Review Program report was tabled. 

 

The Promoting Better Practice Review Program is a review process that has a number of objectives:

 

·      To generate momentum for a culture of continuous improvement and greater compliance across local government

·      To provide an “early intervention” option for councils experiencing operating problems

·      To promote good governance and ethical conduct principles

·      To identify and share innovation and good practice in local government

·      To enable the Department to use review information to feed back into its work in identifying necessary legislative and policy work for the local government sector.

 

The on-site component of the review was undertaken from 17 to 20 December 2007.  Council received a draft copy of the review report on 16 May 2008 and provided comment to the Department of Local Government on 6 June 2008.

 

The Department of Local Government requires that Council adopt a completed pro-forma action plan for the implementation of the report recommendations.  Council and the Department will use the action plan to monitor progress in implementing the report’s recommendations.  The Department requires the submission of a progress report within six months.  The proposed action plan is attached.  The accomplishment of the documented actions within the recommended time frames will require a major commitment of staff resources over the next 12 to 18 months which Council will need to be cognisant of when seeking new reports.

 

 

CONSULTATION:

 

There has been consultation amongst Council’s management in relation to the proposed actions and suggested time frames.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no immediate implications for the environment.

 

Social

 

There are no immediate social implications.

 

Economic

 

There are no immediate economic implications.

 

Risk

 

Many of the report’s recommendations address risk.  Collectively the implementation of the report’s recommendations will represent a major review of risk across all of Council’s operations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget for 2008/2009 has made provision for $20,000 for a risk assessment across all operational areas.  A further $5,000 is sought for the preparation of a fraud & corruption prevention plan and fraud risk assessment.

 

Recommendation no. 1 of the Review Report seeking the linkage of Council’s various strategic plans cannot be readily achieved without specialist integrated planning and reporting software.  This is to be reported on and may represent an additional cost.

 

 

 

 

 

Source of fund and any variance to working funds

 

At this stage there is a negative impact on working funds of $5,000.

 

Attachments:

1View

20639/2008 - DLG Promoting Better Practice Review - Final report - Attached Action Plan

 

 

 


Ordinary Council Meeting - 2 October 2008

Promoting Better Practice Review - Action Plan to Implement Report Recommendations

Attachment 1

20639/2008 - DLG Promoting Better Practice Review - Final report - Attached Action Plan

 

NAMBUCCA SHIRE COUNCIL

 

REVIEW ACTION PLAN

 

1.    

RECOMMENDATION

ACTION PROPOSED

TIME

FRAME

RESPONSIBLE DIVISION

(+ Position)

PROGRESS REPORT

1.     Council prepare a 10-20 year Strategic Plan as the overarching document that links the corporate vision, Management Plan, Operational Plan, financial statements and other planning documents. This is a high priority.

1.1.  In 2008, the previous Council reviewed its Vision and Mission and adopted a 20 year strategic management plan.

Complete

Corporate Services

Complete

1.2.  Council does not have the software to readily link disparate plans, meaning they can contain conflicting objectives or not be aligned with the Vision & Mission.  Difficult, if not impossible, to link the Actions and KPI’s in the Management Plan with the budget.  Also no direct linkage to persons responsible for implementing actions.  Resourcing the implementation of software will also be an issue.  Need to investigate and report on appropriate software.

31/12/08

Corporate Services - General Manager & Manager Financial Services

Incomplete

2.     The Vision and Mission Statements should be included in Council policy and other key documents to reinforce among staff and the community the values that the organisation upholds.

2.1  The Vision and Mission statements have been recently reviewed and can be readily included in all key documents and community publications.

31/01/09

All Divisions but Corporate Services to follow up - General Manager

Incomplete

3.     In association with the preparation of the Strategic Plan, Council should arrange for a review of the Vision and Mission Statement to ensure that it complements Council’s new strategic focus.

3.1  As indicated in 1. above, in 2008 Council reviewed its Vision and Mission Statements.  This review was undertaken following a community satisfaction survey in 2007.

Complete

Corporate Services

Complete

4.     Council’s web site should be enhanced by inclusion of key documentation such as financial performance, fundamental management information and meeting minutes for the previous two years, as well as an improved search function.

4.1  Key management reports have been placed on the website.  Council has acquired InfoCouncil software which automatically posts the Council’s minutes.  All minutes for 2008 on website with a search engine.  Search engine for website is now working.

Complete

Corporate Services

Complete

5.     Formal code of conduct training needs to be included in the proposed committee training programs and future councillor induction.

5.1  Code of Conduct training by Fraud Prevention Services as an induction for the new Council has been scheduled for 10 November 2008.

30/11/08

Corporate Services - Manager Human Resources

Incomplete

6.     Council should review the effectiveness of its internal reporting policy and the procedures contained within the policy.

There is a policy from 1996 – Internal Disclosures (Confidential) Procedures (doc 23282/2007) which requires review.

28/02/09

Corporate Services – General Manager

Incomplete

7.     Council should prepare a Statement of Business Ethics for external parties dealing with Council and outline penalties for breaches of the requirements of this statement.

A number of Councils have such statements with their contract documentation.  A policy should be able to be put to Council within 6 months.

1/4/08

Engineering Services - Manager Civil Works

Incomplete

8.     Council should review the preparation of its Management Plan template to ensure that all legislative requirements are included and that this Plan more effectively translates Council’s ambitions to the community in a more concise, easily referenced document.

The provisions of Section 403(2) in relation to environmental protection will be checked.  Much of the background discussion of this recommendation concerns the need to improve the actions and linkages between Council’s strategic planning documents and particularly the management plan and budget.

30/6/09

Corporate Services - General Manager & Manager Financial Services

Incomplete

9.     The key performance indicators in each area of the Management Plan should be included as an element in the Directors’ work agreements to demonstrate a quantitative ‘results based’ reporting of activities under their responsibility.

As indicated, integrated planning and performance management software is required to enable this to occur.  Such software provides for reporting of actions by both responsible officer and by strategy.

30/6/09

Corporate Services - General Manager and Manager Human Resources

Incomplete

10.   Council should conduct a risk assessment across all operational areas to identify the levels of risk exposure that are yet to be addressed.

It is proposed to utilise an external contractor to undertake a review of risk exposure across the organisation.  A provision of $20,000 has already been made in the 2008/2009 Management Plan.

30/6/09

Corporate Services - Manager Human Resources

Incomplete

11.   Council should consider the establishment of an internal audit function that might comprise a shared internal auditor and/or an Internal Audit Committee.

Enquiries have been made with other Mid North Coast Councils regarding the possibility of sharing an internal auditor and/or audit committee.  Whilst Port Macquarie-Hastings are interested in sharing an internal auditor, there was no interest from adjoining Councils.  With a likely cost of $20,000 per year plus staff support, at this stage it is considered to be beyond the resources of the Council.

N/A

Corporate Services - General Manager

It is not proposed to establish an internal audit function.

12.   Council should prepare a fraud and corruption prevention plan and undertake a fraud risk assessment.

It is proposed to seek a contractor to undertake this work.  No funding has been provided in the 2008/2009 Management Plan and it is proposed to allocate $5,000 for this work.

30/6/09

Corporate Services - General Manager

Incomplete

13.   Council should establish a system for internal reporting of legislative or regulatory non-compliance and fines/penalties/prosecutions against Council.

A standard report can be placed in Council’s business paper on a quarterly basis.

31/12/09

Corporate Services - General Manager

Incomplete

14.   Council should review its code of meeting practice and meeting practices generally to minimise the use of “questions without notice”.

There is no provision with the Local Government Act or Regulations for “questions without notice”.  They are included in Council’s Code of Meeting Practice in relation to the order of business but there is an entitlement to reasonable notice of the question.  There is a separate report to Council recommending a management report on all customer service requests instead of questions without notice.

31/12/08

Corporate Services - General Manager

Incomplete

15.   Council should develop a formal induction program for councillors with core subject content, in preparation for the next local government election in September 2008. This should include training on managing conflicts of interests.

Two half day workshops with Council staff have been planned as well as inspections of work sites at the October Works Committee meeting.  Code of Conduct training is to be held on 10 November 2008 and there is DLG training on 21 November 2008

30/11/08

Corporate Services - General Manager & Manager Human Resources

Underway

16.   Council should identify the individual development needs of councillors within a training and development schedule, as well as current attendance at conferences and seminars.

Manager Human Resources to provide a survey of available training to Councillors at their induction.

30/09/08

Corporate Services - Manager Human Resources

Incomplete

17.   Council should develop a formal policy and procedures for the purchasing of goods and services and disposal of assets.

A draft policy was prepared and referred to Council.  The determination of the policy was deferred to incorporate additional provisions concerning sustainable purchasing.  Policy to be resubmitted to Council by 30/11/08

30/11/08

Engineering Services - Manager Civil Works

Substantially complete

18.   Council should include in its policy procedures to deal with complaints from third parties concerning procurement and disposal of assets.

This will be addressed in the draft policy referred to in recommendation No. 17.

30/11/08

Engineering Services - Manager Civil Works

Incomplete

19.   As a general risk assessment protocol, Council should regularly review and analyse potential risk exposure within Council’s procurement and disposal practices to minimise potential corrupt conduct and financial loss through non-compliance.

Will be undertaken as part of risk assessments in recommendations 10 & 12.

30/06/09

Corporate Services - Manager Human Resources

Incomplete

20.   Council should review its policy made under section 252 of the Act to ensure that it complies with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors for Local Councils in NSW, issued by the Department in May 2007.

The policy has been reviewed and has been reported to Council’s meeting on 2 October 2008.

2/10/08

Corporate Services - General Manager

Complete

21.   Council should produce a comprehensive set of records management procedures or guidelines to assist staff in complying with the requirements of the State Records Act.

Work on this was undertaken with the introduction of Council’s electronic document management system, Trim.  A policy can be put to Council by 31/12/08.

31/12/08

Corporate Services - Records Officer and General Manager

Incomplete

22.   Delegations should be reviewed at least every two years or whenever a change in the responsibility of a council officer or committee member requires such a change.

Whilst some staff delegations are reasonably current, others are not.  It is proposed to review delegations for all staff members who exercise authorities by 31 December 08.

31/12/08

Corporate Services - General Manager

Incomplete

23.   Council should develop an audit program to examine the exercise of delegations on a regular basis.

To be discussed with Council’s auditors.

31/12/08

Corporate Services - General Manager

Incomplete

24.   Council should develop a complaints policy and procedure to define a complaint and specify processes for dealing with them.

Council needs to define requests and complaints and to develop service standards for common requests; monitor response times and feedback to customers.  Council is acquiring the “Merit” customer request management system.  Four months should be allowed to fully implement the system, including the definition of service standards and the training of staff.

28/02/09

Corporate Services - Manager Information Technology and General Manager

Incomplete

25.   Council should provide staff with training on complaint handling.

Training on complaint handling will be provided in conjunction with the implementation of “Merit”.

28/02/09

Corporate Services - Manager Human Resources

Incomplete

26.   Council should prioritise the development and adoption of an Information and Communication Technology Strategic Plan.

It will be appreciated that the rate of change in IT is such that it is difficult to undertake meaningful long term strategic planning.  Council is more a follower than a leader in implementing software change which tends to be dictated by changes in licence agreements, take up rates for new Microsoft products and changes in the IT industry such as the purchase of Council’s Fujitsu software by rival Civica.  However disaster recovery is a component which could be improved by additional planning and it is proposed that the Information and Communication Technology Strategic Plan emphasize this aspect of IT planning.

30/04/09

Corporate Services - Manager Information Technology

Incomplete

27.   Council should review the General Manager’s performance management process to ensure it is consistent with the Performance Management Guidelines for General Managers.

This has been reported to Council’s meeting on 2/10/08 in relation to the appointment of Committees.

2/10/08

Corporate Services - General Manager

Complete

28.   Council should encourage greater involvement from community groups who may contribute environmental data that could be incorporated effectively into State of the Environment reports.

The Supplementary State of Environment Report is to be advertised for information and public comment during September and October 2008.

31/10/08

Environment & Planning - Director Environment & Planning

Underway

29.   Council should ensure that it is provided with a detailed and accurate account of section 94 contributions to demonstrate that the fund is compliant.

There has been an increased commitment to the review & accounting of Section 94 plans through the employment of a Section 94 officer with Bellingen & Kempsey.  Responsibility in Council has also been transferred to finance.  Councillors have also prompted action to review the $6.86m in Section 94 reserves in an endeavour to apply the funds to capital works.  Whilst the KPI is on-going, the finalisation of the draft Community Facilities and Open Space Contribution Plan 2008 will be a major step.

31/12/08

Corporate Services - Manager Financial Services

Incomplete

30.   Council should prepare a formal enforcement and prosecution policy.

Preparation of a policy.

31/01/09

Environment & Planning - Director Environment & Planning

Incomplete

31.   Council should finalise risk-based strategies for reporting non-compliance with environmental standards and unauthorised development.

Risk-based strategies to be developed.

28/02/09

Environment & Planning - Director Environment & Planning

Incomplete

32.   Council should inform the community on the provision of assistance in identifying areas of non-compliance with environmental standards and unauthorised development.

The report notes that Council does not provide information to the community on mechanisms to report suspected non-compliance and unauthorised development.  Consideration will need to be given to a marketing campaign and complaints reporting system to achieve this.

31/03/09

Environment & Planning - Director Environment & Planning

Incomplete

33.   Council could consider the possibility of upgrading the pound facilities or alternatively utilise the services of an animal welfare organisation.

Council has slowly been updating the pound with a modest budget each year.  It was previously under the control of an animal welfare organisation but due to costs they withdrew.  It is proposed to improve its standard over the next 3 years.

30/09/11

Environment & Planning - Manager Health & Building

Incomplete

34.   Council should develop a Companion Animals Management Plan, as required under the regulation.

Plan to be submitted before 30/06/09.

30/06/09

Environment & Planning - Manager Health & Building

Incomplete

35.   Council should address deficiencies identified in the Environmental Management Systems study of the Council depot at Macksville to initiate action to overcome potential pollution risks from the site.

At Council’s meeting on 3 July 2008 it was resolved that a report be brought forward on what needs to be undertaken at the works depot so that Council meets its licence requirements and any legislative requirements.  The report is to also consider the outstanding quality assurance plan and the cost to prepare & implement it.

31/12/09

Engineering Services - Director Engineering Services

Incomplete

36.   On completion of the Asset Management Plan, Council should continually review its long-term financial plan with more accurate infrastructure life cycle costs and link it with the development of the new Strategic Plan.

Longer term goal.

30/06/10

Corporate Services - Manager Financial Services

Incomplete

37.   Council should accelerate action to purchase asset management system software and provide increased staff resources and training in the software system to facilitate the data collection completion and implementation of this system.

Asset management software has been reviewed by staff.  Council is also conducting a tender of integrated corporate software, of which there is at least one provider who offers asset management software as part of an integrated solution.  The necessary staff resources and reporting arrangements to implement the software will be the subject of a report to Council.

31/12/08

Corporate Services - General Manager

Incomplete

38.   Council should complete plans of management for all community land that it owns or is under its care and control.

Updating plans of management requires a major staffing commitment.  Resourcing this recommendation will need to be discussed across Departments.

31/12/09

Engineering Services - Director Engineering Services with assistance.

Incomplete

39.   Council should deposit income from its Crown reserves that are under its care and control into a trust fund.

Advice received from the Dept. of Lands at Grafton is that trust funds should be established for the nominated Crown reserves with all income being spent on the nominated reserve.  The Dept. has agreed that Councils may take an administration fee for their work in administering the trust.

30/06/09

Corporate Services - Manager Financial Services

Incomplete

40.   Council should prepare formal business plans for its major businesses.

Business plans will need to be prepared for the pool complex; saleyards and land development activities.

30/06/08

Corporate Services - Manager Business Development

Incomplete

41.   Council should develop strategies to deal with the impact of its ageing population on its services and infrastructure needs.

Proposed to build on work undertaken in other Councils.  Will need to link with other government agencies, particularly the Dept. of Ageing, Disability and Home Care.

31/12/09

Environment & Planning - Manager Community & Cultural Services

Incomplete

42.   Council should prepare a guarantee of service to assist it in meeting its obligations to the community and establish a clear set of service standards and benchmarks against which its performance can be measured.

Council needs to establish a clear set of service standards for typical requests which it is confident can be adequately resourced and against which the community can expect Council’s performance to be measured.  Council receives about 1,700 requests a year over 54 different categories.

 

To be implemented as part of the Merit software.

28/2/09

Corporate Services - General Manager & Manager Information Technology

Incomplete

43.   The review of the Nambucca Economic Development Plan would be further strengthened by indicating the period for which it is developed and to better define future outcomes, as well as specific measurable outcomes for achievement of its defined strategies.

It is estimated that the Manager Business Development can complete the review within 3 months.

31/01/09

Corporate Services - Manager Business Development

Incomplete

44.   Council should evaluate its current workforce and determine strategies to deal with an ageing workforce.

This is a significant strategy and 6 months should be allowed for its completion.

30/04/09

Corporate Services - Manager Human Resources

Incomplete

45.   Council should develop a long-term workforce plan that is designed to ensure that Council’s human resources needs are integrated into Council’s strategic and operational priorities.

To be undertaken as part of recommendation no. 44.

30/04/09

Corporate Services - Manager Human Resources

Incomplete

46.   Council should complete a human resources strategy to give direction to the human resources function.

To be undertaken.

30/4/09

Corporate Services – Manager Human Resources

Incomplete

47.   Council should review all human resources policies and procedures at least every three years or when legislative or other changes demand.

To be undertaken

30/6/09

Corporate Services – Manager Human Resources

Incomplete

48.   Council should extend the comprehensive training plan developed for the outdoor staff across the whole organisation.

It is proposed that Council conduct 3 indoor staff training sessions a year on needs identified in the management plan or in other plans or resolutions, eg complaint handling; code of conduct; Privacy & Personal Information Protection Act; Protected Disclosures etc.

31/10/09

Corporate Services – Manager Human Resources

Incomplete

49.   Council should review the current grievance policy and ensure that it has a process in place to monitor grievance notifications.

Formal grievances are rare at Nambucca Shire Council however the current policy can be reviewed within 4 months.

31/01/09

Corporate Services – Manager Human Resources

Incomplete

50.   Council should consider an employee attitude survey to help determine the key workforce issues that impact on the organisation.

Provision has been made for funding in the 2008/2009 budget.

30/06/09

Corporate Services – Manager Human Resources

Incomplete

51.   Council should review its secondary employment application form to request more detail from applicants regarding potential conflict of interest and include comments from the General Manager for reasons for his decision.

This is a relatively minor matter.

31/12/08

Corporate Services – Manager Human Resources

Incomplete

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.8      SF1090            021008         Recommended Changes to Council Meetings

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The report concerns amendments to Council’s Code of Meeting Practice to make provision for an Acknowledgement of Country and the start of the meeting agenda and to also limit the use of Questions Without Notice in accordance with a recommendation in the Promoting Better Practice Review Report.  It is proposed that Questions Without Notice exclude any requests for service or work and that instead Councillors telephone or email these through to the appropriate Director.  These requests will then be acknowledged with advice as to the intended action and the anticipated date of the work.

 

 

Recommendation:

 

1        That Council advertise an amendment to its Code of Meeting Practice for a minimum 42 days           to:

 

          1.1     Amend Clause 16 – Order of Business to provide for the addition of an

                   Acknowledgement of Country at the start of the meeting and to exclude requests for           service or work from Questions Without Notice.

 

          1.2     Amend Clause 69 – Questions without Notice to exclude requests for service or work.

 

2        That any customer service requests from Councillors be acknowledged with advice as to the           intended action and the anticipated date of the work.

 

3        That the General Manager submit a quarterly report to Council on the overall performance of Council in attending to customer requests.

 

 

OPTIONS:

 

Council has the option of having an Acknowledgement of Country at the start of the meeting or not.

 

In relation to Questions Without Notice, Council has to respond to the recommendations of the Promoting Better Practice Review.  The recommendation responds to the problem identified in the report.  One option which was considered was dispensing with Questions without Notice altogether.  However reviewing the questions without notice asked during 2008, indicates that they are not always requests for service or work.

 

 

DISCUSSION:

 

Acknowledgement of Country

 

Consistent with the practice of a number of Councils and government authorities it is recommended that Council’s meetings commence with an “Acknowledgement of Country”.

 

This is a way that all people can show respect for Aboriginal culture and heritage and the ongoing relationship the Traditional Custodians have with the Land.  It is particularly important in the Nambucca Valley where we have a greater proportion of Aboriginal people than the State or National average.

 

At the beginning of a meeting, the Chair would make the following statement:

 

“I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the Elders both past and present and extend that respect to any Aboriginals present.”

 

Questions Without Notice

 

Recommendation No. 14 of the Promoting Better Practice Review Report is that, “Council should review its code of meeting practice and meeting practices generally to minimise the use of “questions without notice”.

 

The PBP Review Report notes that the practice of asking Questions Without Notice is often used to seek basic information from senior management attending the meetings.  It also notes that the majority of these references could more easily be undertaken informally be direct telephone contact with the relevant Director or General Manager prior to the meeting.

 

The Local Government Regulations make no provision for Questions Without Notice and indeed provide that the Council employee is entitled to be given reasonable notice of the question (Section 249).

 

Questions without notice are minuted and also recorded in a table of outstanding actions where they relate to operational matters which need to be attended to.  This table of outstanding actions is reported to every Council meeting.

 

Given that Questions Without Notice often relate to operational requests either passed on by a constituent or requested directly by the Councillor they are not dissimilar to the many requests which are received daily at Council and which are recorded and dispatched in Council’s “Customer Service Requests” Microsoft Access database.  For example between 1 January 2008 and 31/08/2008 the database has recorded 73 requests for pothole repair.  The large majority of these would have been received on the telephone and input by either customer service staff or engineering services staff.

 

First and foremost the concern of Councillors and management should be in relation to performance of the overall “Customer Service Requests” system of which the requests received as “questions without notice” are only a very small part.

 

To improve Council’s strategic focus it is proposed to exclude requests for service or work from Questions Without Notice.  Instead such questions would be lodged by telephone or email with the appropriate Director so that they may be listed in the “Customer Service Requests” system.  If a customer service request is listed by a Councillor then a response will be provided as to the action to be taken and an anticipated completion date.

 

It is then proposed to report on the overall performance of Council in attending to customer requests on a quarterly basis.  The listing of customer requests and performance reporting will be improved with the acquisition of the “Merit” customer service request software.  As part of the installation of the “Merit” system, service standards will be set for the different types of requests.

 

This recommendation will satisfactorily address Recommendation 14 of the Promoting Better Practice Review Report.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

 

Social

 

The Acknowledgement of Country is one way of showing respect for Aboriginal culture and heritage.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.9      SF394              021008         Report on Investments to 31 August 2008

 

AUTHOR/ENQUIRIES:     Faye Hawthorne, Accountant         

 

Summary:

 

Return on investments to 31 August 2008 is $117,764.26.  Investment markets remain volatile with market commentators indicating that this will remain the case in the near future.

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 August 2008 be noted.

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during August and Council funds invested as at 31 August 2008. 

 

1. Investments Placed 1 to 31 August 2008

 

 

 

 

 

 

 

Date

 Amount

Period (Days)

Quotes

%

Accepted

 

27/08/08

 $    500,000.00

188

LGFS

7.35%

Macquarie

New Funds

Bankwest

7.80%

Macquarie

8.08%

 

 

2. Investments Matured & Interest Earned 1 to 31 August 2008

 

 

 

 

 

 

 

 

 

 

Term Deposits/Bank Bills

 

 

 

 

 

Institution

Amount

Period (Days)

Rate

 Interest Earned

 

 

 

 

 

 

 

 

 

Managed Funds

 

 

 

 

 

 

Institution

 Amount

Period (Days)

Performance for Month

Interest Earned This Month

Annualised Performance FYTD

Interest

FYTD

Aberdeen

 $  3,381,956.07

31

0.29%

$  9,819.19

-5.57%

-$35,599.19

Macquarie Income Plus

 $  3,680,134.79

31

0.52%

$19,198.74

5.43%

$34,875.32

Blackrock

 $  4,428,598.15

31

0.10%

$  4,404.58

-3.88%

-$29,305.77

 

 

 

 

 

 

 


 

Long Term Funds

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Interest Paid

to Date

NSW Treasury Corp

$908,165.92

31

4.08%

$35,616.38

-$94,795.86

N/A

Longreach 2-2007*

$910,710.00

31

2.49%

$22,090.00

-$91,290.00

$23,787.67

Longreach Series 26*

$371,350.00

31

1.16%

$  4,250.00

-$128,650.00

$17,500.00

Averon II

$400,350.00

31

4.05%

$15,600.00

-$99,650.00

$28,396.10

 

 

3. Investments held at 31 August 2008

 

 

 

 

 

 

 

Institution

Amount

Period (Days)

Maturity Date

 Interest Due at maturity

Interest

 

BCCU

$615,508.24

187

17/02/09

 $  26,331.11

8.35%

 

Bankwest

$500,000.00

167

15/01/09

 $  18,118.36

7.92%

 

Bankwest

$790,671.03

184

13/11/08

 $  32,644.10

8.19%

 

IMB

$1,000,000.00

364

13/02/09

 $  83,271.23

8.35%

 

IMB

$1,000,000.00

180

10/12/08

 $  41,917.81

8.50%

 

Bankwest

$1,000,000.00

365

04/09/08

 $  73,200.00

7.32%

 

Bankwest

$500,000.00

367

15/06/09

 $  44,291.37

8.81%

 

Macquarie Bank

$2,076,916.81

90

16/09/08

 $  40,969.32

8.00%

 

Macquarie Bank

$500,000.00

188

03/03/09

 $  20,808.77

8.08%

 

Newcastle Permanent

$1,013,085.75

182

28/10/08

 $  41,725.81

8.26%

 

Aberdeen

$3,381,956.07

30

30/09/08

 $  16,678.14

6.00%

(Est.)

Blackrock

$4,428,598.15

30

30/09/08

 $  21,839.66

6.00%

(Est.)

Macquarie Income Plus

$3,680,134.79

30

30/09/08

 $  18,148.61

6.00%

(Est.)

NSW Treasury Corp

$908,165.92

30

30/09/08

 $    4,478.63

6.00%

(Est.)

Longreach 2-2007

$910,710.00

30

30/09/08

 $    4,491.17

6.00%

(Est.)

Longreach Series 26

$371,350.00

30

30/09/08

 $    1,831.32

6.00%

(Est.)

Averon II

$400,350.00

30

30/09/08

 $    1,974.33

6.00%

 

TOTAL

$23,077,446.76

 

 

 $ 490,745.41

 

 

 

 

4. Interest Earned on Investments: August

 

 

 

 

Total

Interest earned to date

 $                      107,089.20

Plus

Interest due on maturity of Term Deposits

 $                        59,205.06

 

 

 

Accrued  to 31/8/08

 $                      166,294.26

 

 

 

Plus

Year to date unrealised changes in Net Asset Value of Capital Protected Securities

-$                        48,530.00

* Investment Returns to 31/8/08

 $                      117,764.26

 

 

 

Amount of interest expected from all funds and reserves

 

as per Budget

 $                   1,745,700.00

*        To ensure consistency, returns take into account unrealised gains in Capital Protected        Investments for July/August of $48,530.

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

That Council may not meet its budget returns for 2008/09 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Interest on investments will be monitored and any fluctuations in the estimated returns for the financial year will be reported with the monthly investment reports and the quarterly budget reviews.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2008 Budget Review.  Any Variance will be distributed between the Water, Sewerage and General Funds.

 

 

 

 

Attachments:

 

There are no attachments for this report.

 


Ordinary Council Meeting

2 October 2008

General Manager's Report

ITEM 9.10    SF882              021008         2008 National Awards for Local Government - Category "Innovation in  Regional Development" - Commendation to Nambucca Shire Council

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

Nambucca Shire Council will be receiving a Commendation Award for Innovation in Regional Development—Collaborating Industry and Local Government at the 2008 National Awards for Local Government in Melbourne in December 2008.

 

Mr Wayne Lowe (Manager Business Development, and Council have to be commended for their achievements in fostering economic development.  The Award provides some recognition of that achievement.

 

The Federal Government will pay the travel and accommodation expenses for one person to collect the Award.

 

Additional representatives from Council can attend but it will be at Council’s expense.

 

 

Recommendation:

 

That Council’s Manager Business Development, Mr Wayne Lowe, attend the 2008 National Awards for Local Government and receive Council’s Commendation Award for Innovation in Regional Development—Collaborating Industry and Local Government—in Melbourne in December 2008.

 

 

OPTIONS:

 

That Council not be represented at the Awards in Melbourne.