NAMBUCCA SHIRE COUNCIL

ORDINARY COUNCIL MEETING - 19 FEBRUARY 2009

 

Acknowledgement of Country     (Mayor)

 

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.

 

AMENDED AGENDA                                                                              Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 5 February 2009

5        DELEGATIONS—Motion to hear Delegations

          General Purpose Committee:

9.3     Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

          (i)    Colin and Marion Harding—land owners, Scotts Head

 

6        ASKING OF QUESTIONS WITH NOTICE

7        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8        General Manager Report

8.1     Outstanding Actions and Reports January 2009

8.2     Department of Local Government Circular No 08/22 - Councillor Development Strategy

8.3     Right of Carriageway Dispute - 137 Boat Harbour Road

8.4     Delegation of Authority - General Manager

8.5     Delegation of Authority - Mayor

8.6     Delegations of Authority - Community Based Section 355 Committees

8.7     Records Management Policy and Plan

8.8     Policy Review - Internal Disclosure (Confidential) Procedures

8.9     Tabling of Returns Disclosing Interests of Councillors and Designated Persons

8.10   Report on Investments to 31 January 2009

8.11   Nambucca Heads Sewerage Augmentation - Delay in Advice on Subsidy under the Country Towns Water Supply and Sewerage Scheme

9        Director Environment and Planning Report

9.1     Environment and Planning Applications Progress and Statistical Reports July 2008-January 2009 and Development Applications and Complying Development Applications Received and Determined under Delegated Authority to 10 February 2009

9.2     Report on Endorsement of Rural-Residential Strategy by Department of Planning

9.3     Contract Regulatory Officer's Report - January 2009

9.4     Report on Funding for Our Living Coast Project

9.5     Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 10 February 2009

9.6     Update Report on Land and Environment Court Action - DA 2004/136 - East West Road, Valla

9.7     Report on Minutes from the Nambucca River Estuary and Coastline Management Committee Meeting held on 11 February 2009

10      Director Engineering Services Report

10.1   Administration Centre - Compliance with Disability Requirements

10.2   Nambucca District Water Supply Steering Committee Meeting - 4 February 2009

10.3   Congarinni Road North Bridge

10.4   Future Bridge Program  

 


14      GENERAL PURPOSE COMMITTEE Report

8.1     December 2008 Budget Review

8.2     Quarterly Review - Performance Targets Achievements to 31 December 2008

8.3     Draft Management Plan - 2009/2029

9.1     Report on DA 2009/049 for Consideration - Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and Associated Car Parking

9.2     DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus Ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Road, Macksville

9.3     Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

10.1   Coronation Park - New Amenities

 

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

11.1   Tender for Sturdee Street Sewer Reticulation - Kings Point, Macksville

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

12      MEETING CLOSED TO THE PUBLIC

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

 



Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.1      SF959              190209         Outstanding Actions and Reports January 2009

 

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.

 

 

 

 

No

FILE NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2007

 

1

QWN19

01/03/07

Floodgates Gumma

 

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

DES

.

Revised to end of Jan 09. main gate operating two side gates on minor drains to be installed.

Missing boards replaced before king tides arrived.  Rescheduled to end of February 2009.

Work commenced on 2 extra gates.

 

 

SEPTEMBER 2007

 

2

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.

Response received and being assessed.

 

 

 


 

 

 

 

 

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.

 

Met with DoP on Tuesday 11/11/08 where agreement has been reached on the exclusion of 4 pockets and part of the other 2 pockets. A map and letter from the DoP should be received by the end of November 2008.

 

D of P to respond in next few weeks.

 

Response received regarding Rural Residential Land Release Strategy which also refers to the 6 pockets of land.  See item in business paper 19/2.

 

APRIL 2008

3

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. Follow up letter sent to Mac’scon 30/9/08.

Further follow up letter sent 18/11 seeking a response by 12/12/08.

 

Further correspondence received from applicant.  Onsite meeting arranged with DWE, applicant and Council staff, scheduled for 4/2/09.

Onsite meeting will be part of the GPC on 18/3.

 

JUNE 2008

4

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.

5

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. Ongoing discussions with DPI.

 

 

 


JULY 2008

6

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.

Follow up letter sent 14/11/2008.

Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim.

 

7

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 made to hold meeting on 18 December at 2.00 pm

 

Meeting deferred to 26 February 09 to avoid Christmas/New year holiday period.

 

 

8

Item 11.4

03/07/08

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

DES

Awaiting outcome of grant application before proceeding.

 

Outcome of grant expected early December but not yet received.

 

9

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.  Adjoining Council’s requested to share Conduct Panel.

 

10

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.

Audit to be undertaken by January 2009.

Audit completed will require report to address funding.

Report to Council 19/2.

 

SEPTEMBER 2008

11

QWN 197

04/09/08

Burn off maps to Council’s website

DEP

 

Maps being finalised and will be uploaded by end of February 2009.

 

Maps being finalised and will be uploaded by end of Feb 2009.

Still on target.

 

 

 

 

OCTOBER 2008

12

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

 

DES

Subject to GHD undertaking evaluation.

Commenced.  Drilling completed. Assessment expected early Feb 2009.

Not yet received.

 

NOVEMBER 2008

13

 

SF429

6/11/08

Council review its current bridge program

DES

January 2009.  Rescheduled to February 2009.

Report to Council 19 Feb.

 

14

SF544

6/11/08

Council receive a report on options for the provision of matching general fund contributions for the S94 works schedule for community facilities and open space. Including the possibility of establishing a reserve.

 

GM

To be considered with draft budget for 2009/10. Report May 2009.

 

15

SF544

6/11/08

Council review its Policy on Deferment of Section 94 payments.

 

GM

Report January 2009 Government has changed its policy on Deferred Contributions.  Awaiting clarification. Report in March 2009.

 

16

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

 

GM

Report November 2009

17

SF844

20/11/08

Council invite Phillip Costa to inspect off-stream water storage site at Bowraville

 

GM

Invitation issued 26/11/08

18

135

20/11/08

That Council receive a report of the allocation of resources for preparing the next comprehensive SOE report and that this be considered as part of the 2009/2010 budget.

DEP

Report to be presented with budget considerations. Feb/March 2009

Report March 2009.

 

19

SF285

20/11/08

Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.

DEP

Target for Plan’s presentation is June 2009 in accordance with the 2008-09 Management Plan.

 

20

SF42

20/11/08

That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.

 

DEP

April 2009

21

SF820

20/11/08

The 3 Councils get together to review the operation of the Coffs Coast Waste Service.

DES

Information conveyed to Coffs Harbour.  Report proposed for March GPC

 

22

SF1163

20/11/08

Council investigate refinancing of its loans and the matter be reported to a meeting of the Finance Committee.

GM

Meeting of Finance Committee to be arranged in December 2008.  Rescheduled to 4.00 pm 29 January 2009.

 

23

SF529

20/11/08

Request meeting with Planning Minister Keneally regarding Rural Residential  zoning

 

DEP

Letter sent 1/12/08

The letter has been followed up on several occasions since by email on 5/1/09, 2/2/09 & 6/2/09 with still no outcome.

 

DECEMBER 2008

24

SF793

4/12/08

C’tees of Management – report on cost/staffing to improve communication

 

GM

Report to 15 January 2009.

Rescheduled to February 2009.

Deferred to March 2009.

 

25

SF923

4/12/08

Thank Albanese MP for funding.

 

Inspection of Coronation Park at CPC 17/12

Get Plans to DA standard

 

GM

 

DES

Letter sent.

 

Underway.  DES is preparing concept plans to be discussed with users in near future.

Report to Council 19 Feb.

 

26

SF785

4/12/08

Submit application for grant funding for Crime Prevention Grants

 

Invite NSW Police + NSW Attorney General’s department to discuss Crime Prevention Plan

 

DEP

Application submitted 10 December 2008. See item in business paper.

Invitation to be issued during week of 12-16 Jan.

 

27

SF15

4/12/08

That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville saleyards.

 

GM

Meeting to be arranged in January 2009.  representatives sought at sale on 7 January 2009.

Rescheduled to February 2009.

 

28

SF688

4/12/08

That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

 

DEP

Programmed for September 2009.

29

 

18/12/08

That Council seek to amend the existing plan of management for the Vernon Street playing fields (Buz Brazel Park) by updating the commentary, removing reference to a Master Plan and replacing the map with the plan supported by the General Purpose Committee (being the coloured circularised document) and then placing the amendments on exhibition in accordance with the requirements of the Local Government Act 1993.

 

DES

Draft being prepared for exhibition in February 2009.

 

Exhibition period 5 February to 5 March 2009.  Last day for submissions 19 March.

30

 

18/12/08

1    Argents Hill Hall - The Committee of Management be invited to apply for grant funding to undertake repairs to the Hall under the Public Reserves Management Fund.

 

2      Council as Manager of the Trust formally concur to the addition of Lot 5 DP 879153 to the Reserve.

 

GM

Letter sent 9 January 09

31

 

18/12/08

Alliance Tender for the Provision of a Corporate Software System

 

That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.

 

GM

MIT consulting with tenderers.  Tender evaluation to occur April/May 2009.

32

 

18/12/08

Casey Drive – creation of a public road

 

That Council advise Mr T D Erskine-Smith that Council is prepared to meet $10,000 of the associated legal and survey costs subject to the $135,000 land purchase cost being met by the development.

 

DES

Letter sent.

RTA has requested Council to proceed with creation of the road.

No response from Erskine-Smith as at 10 Feb

33

 

18/12/08

That Council seek membership of the Working Party on 4WD Beach Access Management to ensure a common approach across the three Local Government areas of Nambucca, Kempsey, Port Macquarie-Hastings, the Department of Lands and the Department of Environment and Climate Change.

 

DES

Letter sent.

Awaiting response.

34

 

18/12/08

Bellevue Drive Macksville

1          That Council prune the roadside branches of the Fig trees in Bellevue Drive, Macksville.

 

2          That Council remove the small Fig tree in Bellevue Drive, Macksville.

 

3          That a Management Plan be drawn up for the riverbank from the Macksville Bridge to Bellevue Drive.

 

DES

Programmed March – June 2009.

COMPLETED

 

 

Programmed March – June 2009.

COMPLETED

Programmed June 2009.

35

SF871

18/12/08

Council advertise the Pioneer Community Centre for sale by tender.  Occupants of the building to be notified of Council’s action.  Nothing be done until after April 2009 having considered submissions from user groups and that Council make a decision at that time.

 

GM

Underway.

 

36

SF871

18/12/08

Council inspect the Pioneer Community Centre and Grants Hall at the April GPC

 

GM

To be listed for April GPC

37

SF639

 

Council proceed with the appointment of a 3 pw position in Finance and an Aboriginal school- based trainee.

 

GM

Underway.

38

SF639

18/12/08

Council make the position of Excavator Operator redundant and increase Town Services crew from 4 staff to 5 staff.

 

GM

External recruitment to be undertaken.

39

SF639

18/12/08

Council consider the appointment of an Asset Manager in its budget for 2009/10.

 

GM

Report May 2009

40

SF639

18/12/08

Council review the Planning Department upon completion of current work program.

 

GM

Report July 2009.

 

41

SF1046

18/12/08

That the Wellington Dr component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

 

DEP

Report March 2009

42

SF30

18/12/08

Council consider an increase of 10% per capita in their contribution to Clarence Regional Library for 2009/10 ($14,000).

 

DEP

Included in Draft Budget.

43

SF30

18/12/08

Council investigate becoming registered as a deductible gift recipient in regard to library services.

 

DEP

Being investigated by Council’s finance staff.  Report to March 2009..

44

SF757

18/12/08

Council work towards establishing an alcohol free zone in Bowraville and allocate $1,000 to implementation.

 

DEP

Awaiting statistics from Police for inclusion in the consultation proposal for the AFZ.  Written request sent 12 January with follow up on 13 & 28 Jan and 6 & 9 February

JANUARY 2009

45

NoM

15/01/09

A report detailing operation efficiency of all major plant

 

DES

To be considered by Plant Committee on 29/1/09

46

NoM

15/01/09

Council consider internal refurbishment of toilet block at coop car park and other unworthy toilets

 

DES

Allowance made in draft budget.

47

NoM

15/01/09

Council seek a time frame for land acquisition for the highway upgrade.  That the Minister be requested to receive a delegation from Council.

 

GM

Letter written

48

NoM

15/01/09

What policies does Council have with the Lands Dept for the leased area at Scotts Head?

 

GM

To be reported with Draft Master Plan.

 

49

SF733

15/01/09

Council seek further information regarding transition from coal powered to renewable energy and a National Feed-in Tariff Policy with a view to developing a position on this issue

 

GM

Report in April 2009

50

SF62

15/01/09

Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial period of 2 years.

 

GM

Tender documentation being prepared.

51

SF669

15/01/09

Council defer applying to the DoP for a local variation to retain the current 5.0m height areas, so it can be inspected and considered at a General Purpose Committee meeting in February 2009.

 

DEP

Listed for GPC on 18/2/2009.

52

SF939

15/01/09

Council develop a marketing slogan for the Shire.

 

GM

Report in May 2009.

53

SF226

15/01/09

That a report to Council on further measures to control restricted dog breeds and crosses in the Shire.

 

DEP

Report in March 2009.

54

PRF53

15/01/09

Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.

 

DES

Quotations being sought

55

PRF53

15/01/09

Council investigate a grant to provide a boardwalk from Macksville CBD along Tilly Willy Creek to the concrete works with access through to McKay Street.

DES

Referred to Grants Officer.  Likely to be an issue with property owners who have direct access to Tilly Willy Creek.

 

56

PRF53

15/01/09

DES enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.

DES

Letter sent.

57

PRF614

15/01/09

Council request NSW Water Solutions to undertake further modelling in the IWCM based on a variety of population growth figures, including 1% growth, different capital costs so as to assess the sensitivity of projected water rates and developer contributions to changes in these variables.

 

DES

Underway

58

T050/2008

15/01/09

That a report be submitted to Council on the cost effectiveness of other repair options for the Congarinni Bridge and the future of the bridge generally.

 

 

DES

Report to Council 19 Feb.

FEBRUARY 2009

59

SF1269

5/02/09

That Council receive a report on what staff no’s this Shire will lose and who they are in regard to the transferred sewerage and water utilities.

 

GM

Report in March 2009.

60

SF1269

5/02/09

That Council make representations to the Prime Minister that the Nambucca Valley be considered in any future economic stimulus package whereby money be made available for local roads and bridges.

 

GM

Letter sent 12/02/09.

61

SF706

5/02/09

That Council staff prepare a funding application for solar hot water and rainwater tanks for the Council Admin building provided it is fully funded.

 

GM

Referred to Grants Officer for preparation of grant.

62

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES.  To include pedestrian and vehicular access arrangements and management of environmental values.

 

DES

October 2009

63

SF241

5/02/09

That Council consider a budget allocation for seating and landscape improvements to the proposed recreation reserve on Lot 163 DP 822649, Yarrawonga Street.

 

DES

$5,000 required ($3,500 seat & shelter, $1,500 landscaping) to be considered in draft budget

 

 

 

 

 

 

Attachments:

 

 


Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.2      SF256              190209         Department of Local Government Circular No 08/22 - Councillor Development Strategy

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Circular No. 08/22 issued by the Department of Local Government on 2 May 2008 requires that General Managers report to the first meeting in 2009 the level of councillor attendance at the post election one-day seminar and any feedback from councillors about the seminar.

 

The attached letter indicates that the following Councillors attended the Nambucca Heads Information Seminar conducted by Department staff:

 

Cr Rhonda Hoban

Cr Martin Ballangarry

Cr Janet Court

Cr Paula Flack

Cr Mike Moran

Cr Anne Smyth

Cr Elaine South

 

However the Department’s seminar was only one component of the induction program for the new Council.

 

 

Recommendation:

 

1        That Council note the attendance at the post election one day seminar conducted by the Department of Local Government.

 

2        That Councillors provide the General Manager with any feedback in relation to the content and delivery of the induction program.

 

3        That Councillors provide the General Manager with advice as to whether they require further training in any aspect of their duties.

 

4        That the Department of Local Government be advised of this report and its minute.

 

 

 

OPTIONS:

 

There are no real options.  The Department of Local Government requires that councillor attendance at their training seminar be reported.  It is an opportune time to consider the induction program which occurred after the 13 September 2008 elections.

 

 

DISCUSSION:

 

Council has received the attached correspondence from the Department of Local Government.

 

Circular No. 08/22 issued by the Department of Local Government on 2 May 2008 requires that General Managers report to the first meeting in 2009 the level of councillor attendance at the post election one-day seminar and any feedback from councillors about the seminar.

 

The attached letter indicates that the following Councillors attended the Nambucca Heads Information Seminar conducted by Department staff:

 

Cr Rhonda Hoban

Cr Martin Ballangarry

Cr Janet Court

Cr Paula Flack

Cr Mike Moran

Cr Anne Smyth

Cr Elaine South

 

The feedback I received from those who attended the Nambucca Heads seminar conducted by Department staff was positive and reflected the Councillor feedback in the Department’s letter.  The acoustics of our venue were a problem, but this had nothing to do with the Department.

 

However the Department’s seminar was only one component of the induction program for the new Council, the major elements of which were:

 

19/9/08        Overview of Council functions, major policies and operational matters

23/9/08        Overview of current issues

15/10/08       Tour and briefing on proposed off stream water storage; augmentation of Nambucca Heads Sewerage treatment system; and Nambucca Heads library

10/11/08       Code of Conduct training by Jeff Williams (Fraud Prevention Services)

21/11/08       Department of Local Government Training – Nambucca Heads Entertainment Centre

 

As the new Council has now been in place for approximately 5 months it is opportune for Councillors, and particularly new Councillors, to reflect on the induction program and whether it could be improved in delivery and/or content.  For example:

 

1              Was enough time devoted to the induction program?

2              With the available time, did the induction program have the right content?

3              Was the standard of delivery satisfactory?  Mix of speakers?  Delivery at right speed?

4              Now that new Councillors have some experience, did the induction program omit any key aspects which they have subsequently been made aware of?

5              Do Councillors believe they require further training in any aspect of their duties?

 

 

CONSULTATION:

 

There has been no consultation in the preparation of 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

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

Doc 2638/2009 - DLG advice re Councillor Induction

 

 

 


Ordinary Council Meeting - 19 February 2009

Department of Local Government Circular No 08/22 - Councillor Development Strategy

Attachment 1

Doc 2638/2009 - DLG advice re Councillor Induction

 






 


Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.3      LF1960             190209         Right of Carriageway Dispute - 137 Boat Harbour Road

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

There has been a dispute concerning a right of carriageway at Boat Harbour Road, Utungun.  The right of carriageway is in favour of Council.  It measures only approximately 6m x 9m and presumably acknowledged an existing access used by the adjoining property.

 

Following a site meeting on 7 January 2009 which was attended by one of the parties to the dispute, the General Manager and Council’s Surveyor, agreement was reached whereby the existing right of carriageway entrance would be formally extinguished from the title; a new table drain crossing and entrance provided adjacent to the existing right of carriageway and confusing property signage removed.  This agreement was subsequently accepted by the other party to the dispute.

 

The agreement is now being implemented and it is appropriate for Council to formally resolve to extinguish the right of carriageway from the title.

 

 

Recommendation:

 

That Council extinguish the right of carriageway which benefits “Harbour Road” on Lot 712 DP 630344, Boat Harbour Road, Utungun and that, if required, Council’s seal be attached to relevant documents.

 

 

 

OPTIONS:

 

There are no real options.  The agreement has been accepted by both parties.

 

 

DISCUSSION:

 

A 1983 subdivision of land in Boat Harbour Road created a very small right of carriageway from Boat Harbour Road burdening the corner of one property to benefit the property immediately behind.  The right of carriageway is only approximately 6m x 9m and presumably was put in place to acknowledge an existing access used by the adjoining property.  However the beneficiary of the right of carriageway was not the adjoining owner but “Harbour Road”, presumably Boat Harbour Road.

 

There has been a dispute between the current property owners concerning the use of the right of carriageway.  There was an initial attempt at formal mediation which failed.  In late 2008 the dispute escalated with the right of carriageway being padlocked and Council staff and the police being called out on a number of occasions.

 

Council has been requested to resolve the dispute as it is the formal beneficiary of the right of carriageway.  Advice was sought from Council’s solicitor with the only legal option being for Council to take the matter to the local Land Board.  However given the history of the matter there would be costs and delays associated with a contested action and then the likelihood of additional costs in relation to the enforcement of any determination.

 

Following a site meeting on 7 January 2009 which was attended by one of the parties to the dispute, the General Manager and Council’s Surveyor, agreement was reached whereby the existing right of carriageway entrance would be formally extinguished from the title; a new table drain crossing and entrance provided adjacent to the existing right of carriageway and confusing property signage removed.  This agreement was subsequently accepted by the other party to the dispute.

 

The agreement is now being implemented and it is appropriate for Council to formally resolve to extinguish the right of carriageway from the title.  The extinguishment of the right of carriageway will have no impact on access to the adjoining property.  In fact the new table drain crossing and entrance is superior to that provided by the existing right of carriageway and can be used by the school bus.

 

 

CONSULTATION:

 

There has been consultation with the property owners involved in the dispute and with Council’s Surveyor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no environmental impact.

 

Social

 

The issue concerns a dispute between 2 property owners.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of extinguishing the right of carriageway is approximately $200.  Council has also assisted in providing a new table drain crossing in the road reservation.  This cost can be met within the existing works program budget.

 

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

19 February 2009

General Manager's Report

ITEM 8.4      SF35                190209         Delegation of Authority - General Manager

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months of each term of office.

 

Section 377 of the Local Government Act provides that a Council may, be resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any function other than a specified list of items (a) to (u).

 

The General Manager may then delegate those functions to other staff.

 

The Promoting Better Practice Review at page 30 noted and recommended as follows:

 

“Council confirmed that there are currently no documented delegations to the Mayor.  Delegations to the General Manager and Directors have been reviewed over the past year.  Council intends reviewing remaining staff delegations following the September local government elections.  This should be prioritised and made publicly available.  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.”

 

The General Manager’s delegations of authority were last reviewed by Council on 2 November 2006.  Given that more than 2 years of time has elapsed, they have been reviewed and are presented in the attachment for endorsement by Council.

 

 

Recommendation:

 

That Council delegate authority to the General Manager to perform functions in accordance with the list dated 19 February 2009.

 

 

 

 

OPTIONS:

 

Council can adopt the delegations of authority or amend them as it sees fit.

 

As there are 152 Councils in NSW which should be considering reviewing their delegations of authority every 2 years, a suggestion has been referred to the Department of Local Government that they might consider preparing a “standard template” of delegations for metropolitan councils, rural and regional councils and Section 355 committees.  This would save consider staff resources.

 

 

DISCUSSION:

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months of each term of office.

 

Section 377 of the Local Government Act provides that a Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any function other than a specified list of items (a) to (u).

 

The General Manager may then delegate those functions to other staff.

 

The Promoting Better Practice Review at page 30 noted and recommended as follows:

 

“Council confirmed that there are currently no documented delegations to the Mayor.  Delegations to the General Manager and Directors have been reviewed over the past year.  Council intends reviewing remaining staff delegations following the September local government elections.  This should be prioritised and made publicly available.  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.”

 

The General Manager’s delegations of authority were last reviewed by Council on 2 November 2006.  Given that more than 2 years of time has elapsed, they have been reviewed and are presented in the attachment for endorsement by Council.

 

Only minor changes have been made to reflect the “call in” arrangement for development applications, to make provision for grants with other minor changes to wording and layout.

 

 

CONSULTATION:

 

The proposed delegations of authority have been reviewed by Council’s executive management (Manex).

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Ensuring delegations of authority are comprehensive and up to date will minimise Council’s risk in any legal action.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

Doc 3019/2009 GM - Delegations of Authority - 2009

 

 

 


Ordinary Council Meeting - 19 February 2009

Delegation of Authority - General Manager

Attachment 1

Doc 3019/2009 GM - Delegations of Authority - 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

GENERAL MANAGER'S

 

DELEGATIONS OF AUTHORITY

 

 

 

19 February 2009

 

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

 


 

 

1.  Administration – General

 

1.1       To sign all applications addressed to the Registrar General to record the Council as the registered owner of resumed land.

 

1.2       To release any accounting or financial record of the Council provided it is lawful and the circumstances seem to the General Manager to warrant such action.

 

1.3       To sign cheques and investment instructions on behalf of Council.

 

1.4       To authorise the supply of documents to members of Council, where such members request copies of documents that have been dealt with by Council through its meetings or have been dealt with by staff under delegated authority.  The supply of such documents must be in accordance with any legislation relevant to the disclosure of documents.

 

1.5       To destroy or dispose of records of Council, after the expiration of six years from the last transaction thereon, other than those defined in the Regulation subject to:

 

·           Any record relating to accounts not being so destroyed or disposed of unless the Council’s auditors should have previously certified in writing that such record or paper is of no value

·           Any other record not being so destroyed or disposed of unless the General Manager shall have previously certified in writing that such record or paper is of no further value

 

1.6       To prepare and circulate Council’s Annual Report to residents.

 

1.7       To deal with applications under the Freedom of Information Act and determine such applications.

 

1.8       Authority to issue photo identification cards to staff.

 

1.9       To accept proposals from financial institutions and Post Offices operating in the area to act as agents for Council for the collection of payment of rates and charges.

 

1.10     To accept service of documents on behalf of Council.

 

1.11     To extend or renew approvals in accordance with the provisions of Section 107 of the Local Government Act (operation of sewage management systems).

 

1.12     Authority to supply information which is readily available upon request.

 

1.13     Sign correspondence.

 

1.14     Act as compliance officer for the purposes of the Trade Practices Act.

 

1.15     Approve applications for activities and events on community land.

 

2.  Administration – Execution and Documentation

 

2.1       The release of caveats upon appropriate certification by the relevant Council Director.

 

3.  Advertising

 

3.1       Approve the erection of under awning signs, top hamper signs and fascia signs.

 

4.  Authorised Officer

 

4.1       To act as an authorised officer pursuant to the following Acts and Regulations (as amended):

            Public Health Act, 1991

            Public Health Regulation, 1991

            Food Act 2003 and Regulations

            Companion Animals Act 1998 and Regulations

Crown Lands Act, 1989

            Roads (General) Regulation, 1994

            Roads Act, 1993

            Traffic Act, 1909

            Swimming Pools Act, 1992

            Protection of the Environment Operations Act, 1997 and Regulations

 

4.2       The functions of Public Officer in accordance with the Local Government Act 1993.

 

5.  Building Control and Building Sites

 

5.1       Approve subject to conditions or refuse applications for complying development certificates and construction certificates generally, including applications where development approval has already been given by Council or approved under delegated authority, provided the plans comply in all respects with those submitted with any development application.

 

5.2       To determine Building Certificates.

 

5.3       To determine applications for objections to the regulations and local policies, pursuant to Section 82 of the Local Government Act, in concurrence with the Director General, Department of Local Government or in accordance with any delegations provided to Council.

 

5.4       To exercise the discretionary provisions of the Local Government Act, 1993, the Local Government (Approvals) Regulation 1993 and the Building Code of Australia.

 

5.5       Give approval to occupy a caravan on-site where an application for a construction certificate for a dwelling has been approved and buildings under construction have reached the ground floor level and toilet and washing facilities have been provided.  Approval shall be for a maximum period of 6 months.

 

5.6       Upon certifying that bonded works have been completed to Council’s satisfaction, release the relevant bond.

 

5.7       Approve or refuse the placing of flags and bunting over private property including buildings.

 

5.8       To issue Certificates of Compliance for swimming pools under the Swimming Pools Act 1992.

 

5.9       To determine applications for exemptions under the Swimming Pools Act 1992.

 

5.10     Authority to give notice to adjoining property owners of applications in accordance with the provisions of Section 114 of the Local Government Act 1993.

 

5.11     In accordance with the Local Government Act and Environmental Planning and Assessment Act, reject any application within 7 days after receipt if it is not clear and easily legible.

 

5.12     Request applicant to give more information to enable proper determination of an application under the Local Government Act and Environmental Planning and Assessment Act.

 

5.13     To approve of refunds being made of part of the fee paid in respect of applications which have been rejected or where the proposal is not to proceed and the appropriate plans and specifications are returned.

 

5.14     To approve applications to erect fences.

 

6.  Cemeteries

 

6.1       To deal with all matters relating to the administration of cemeteries, in accordance with the provisions of the Local Government Act.

 

7.  Community Groups

 

7.1       Approve the lending of Council equipment to community groups and service clubs.

 

8.  Development Matters

 

8.1       To authorise the lodgement of a development application for the establishment of a restaurant or café over a footway or public area.

 

8.2       Deal with letters of notification submitted by the Workcover Authority on applications received for the issue of licences.

 

8.3       In respect of the processing of draft LEPs and to the extent permitted by the Act, Regulation and Council policy, to:-

(a)        determine matters that an environmental study shall have regard to (subject to any specifications from the Department of Planning)

(b)       determine the public authorities or bodies, other Councils and such other persons with whom to consult

(c)        determine the form, manner, place/s and timing for public exhibition of (any) environmental study and draft LEP

(d)       confirm to the Department of Planning that minor changes to draft LEPs conform generally to those adopted by Council, ie for insignificant changes such as different wording required by the Parliamentary Draftsman

(e)        certification of draft LEPs for public exhibition, under Section 65 of the Environmental Planning and Assessment Act in accordance with any delegations from the Department of Planning which may exist at the time;  Report to the Minister on draft LEPs, under Section 69 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time

(f)        Report to the Minister on draft LEPs, under Section 69 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time

 

8.4       For all functions of the Council or a consent authority in carrying out all the functions imposed/or conferred by Part 4 and Part 4A of the Environmental Planning and Assessment Act, 1979 with respect to applications pursuant to Section 80 of the Act, with the following exceptions:

 

a)   (i)   There is a proposed variation of greater than 10% to the DCP maximum height standard or the LEP maximum density standard.

(ii)  There is a proposed variation of greater than 10% to the LEP minimum lot size standard.

(iii)     The development application has been “called in” by Council.

 

Provided that where refusal of an application is proposed the applicant has been advised in writing, and offered the following options:

 

To withdraw the DA; or

To amend the DA.

 

8.5       The power to take injunction proceedings to cause the cessation of unauthorised activities and if necessary, to cause restoration works to take place.

 

8.6       Issue Section 149 zoning certificates.

 

8.7       Authority to approve an “activity” once an environmental review has determined that such activity is not likely to significantly affect the environment.

 

8.8       Allow deferral of development contributions in accordance with the Council policy applicable at the time.

 

9.  Discharge of Mortgages

 

9.1       Authority to discharge mortgages held by Council on condition that Council’s Manager Financial Services certifies that all conditions of the mortgage have been met.

 

9.2       The authority exercised under this delegation be reported to Council.

 

10.  Emergency Services

 

10.1     Authorise the use of Council’s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

 

10.2     Authorise the sale of materials from Council stock under emergency circumstances, as considered appropriate.

 

10.3     Lend materials from Council stock under emergency circumstances, as considered appropriate.

 

10.4     Authorise participation of Council staff on the Local Emergency Management Committee.

 

11.  Entry onto Property

 

11.1     Authority to enter any premises in order to enable Council to exercise its functions under: Local Government Act 1993;  Roads Act 1993;  Public Works Act 1912;  Noxious Weeds Act;  Swimming Pool Act 1992;  Environmental Planning and Assessment Act 1979;  Protection of the Environment Operations Act 1997;  Environment Protection and Biodiversity Conservation Act 1999;  Impounding Act 1993;  Companion Animals Act 1998;  Surveyors Act 2002;  Food Act 1998;  Public Health Act 1989.

 

12.  Environment and Pollution

 

12.1     Consider the likely environmental impact of any activity proposed by Council as required by Part V of the Environmental Planning and Assessment Act and to determine whether or not that activity is likely to significantly affect the environment.  Generally act on Council’s behalf in matters of any kind, or in any manner, in relation to premises other than scheduled premises, under the provisions of the Protection of the Environment Operations Act 1997, and when appropriate, serve permissible notice under such Acts.

 

13.  Explosives

 

N/A

 

14.  Finance – Debt Recovery

 

14.1     To approve the disconnection of the water supply to a property for non payment of water charges and to order the reconnection to the water supply, in cases where financial hardship prevents the repayment, in full, of the outstanding amounts.

 

15.  Finance – Expenditure and Authorisation

 

15.1     Authorise the payment of the salaries and wages of the servants of the Council within the sums voted by the Council for expenditure thereon.

 

15.2     Authorise any work which, in the General Manager’s opinion is urgent, at a cost not exceeding $5,000 or such other limit beyond that amount as the Council may determine, and ensure that the amount for any work so authorised is submitted for payment by the Council in the same way as other accounts for goods and services against the Council.

 

15.3     To obtain quotations and authorise the purchase of equipment, goods and services up to the value of $1,000 at any one time on items not covered by existing votes.

 

15.4     To authorise the payment of subsidies to various organisations as provided in each year’s adopted budget.

 

15.5     To write off accounts of less than $500.00 where every effort has been made to secure payment.

 

15.6     Sign orders for goods and services on behalf of Council within the limits of approved funds.

 

15.7     Purchase small items of miscellaneous plant for use by Council’s workforce, within the approved allocation set by Council, where the cost of the individual items of small plant does not exceed $10,000.

 

15.8     To concur with consultant proposals and tenders invited by State Government Departments when acting as project manager on Council’s behalf, and when the funds have been voted, the costs are less than $15,000 and Council has endorsed the brief.

 

15.9     To invite tenders in accordance with the requirements of the Local Government Act in respect to works and services, provided that due provision has been made in the approved estimates for the incurring of such expenditure or the incurring of such expenditure is otherwise authorised.

 

15.10   To respond to ratepayer’s requests within the constraints of the budget.

 

15.11   To obtain quotations and authorise the purchase of goods, works and services required and to incur expenditure for such goods, works and services, provided that due provision has been made in the approved estimates for the incurring of such expenditure or the incurring of such expenditure is otherwise authorised.

 

15.12   To be authorised to check and certify accounts against the Council.

 

15.13   To engage consultants to assist with Council infrastructure projects (roads, bridges, water, sewerage, drainage and buildings only) where funds for the project have been approved, the project has been approved by Council and the cost of the consultancy does not exceed $150,000.

 

15.14   To approve the payment of travelling and sustenance expenses to Council members and staff, in accordance with Council’s policy.

 

15.15   To sign PAYG Statement of Earnings, tax stamps and separation certificates or copies thereof.

 

16.  Finance General

 

16.1     To permit speedy payment, to formally accept grants, as provided for in Council’s annual budget.

 

16.2     With regard to discrepancies in cashier banking, to determine amounts of $50 or less; amounts of greater than $50 to be reported to Council.

 

16.3     Refund trust fund deposits, including contract deposits on the recommendation and certification of the appropriate Council officer.

 

16.4     Certify that the prices and computations on vouchers have been checked and are correct and in as far as can be ascertained, are fair and reasonable, and are in accordance with any quotation/contract under which the goods/services are supplied.

 

16.5     To approve applications for extensions of time to pay accounts against the Council, if considered appropriate.

 

16.6     To invest any surplus of funds of the Council when and where considered advantageous to Council, provided investments shall only be made in accordance with the provisions of the Local Government Act and Council’s policies.

 

16.7     Make (but not accept) applications for grants.

 

16.8     Accept applications for grants which are either fully funded by the funding authority or where a co-contribution is required by Council and that co-contribution has been approved by Council.

 

17.  Finance – Rates and Extra Charges

 

17.1     To make alterations or amendment to the rate books or valuation books and initial such alterations and amendments as necessary, under the provisions of the Local Government Act 1993.

 

17.2     To abandon rates in accordance with the Section 582 of the Local Government Act, 1993 as amended and make application for subsidy toward pensioner rebates.

 

17.3     To determine whether land is used or occupied solely as a site of a single dwelling house for the purposes of Section 585 of the Local Government Act 1993.

 

17.4     To inspect land for rating purposes in accordance with Section 524 of the Local Government Act 1993.

 

17.5     Authority to determine categories for rating purposes and eligibility for rate concessions.

 

18.  General Matters

 

18.1     Carry on the regular services and operation of the Council within the sums voted by the Council for expenditure thereon, and in accordance with the resolutions of the Council.

 

18.2     Authorise action to be taken to comply with any policy of Council or any provision of the Local Government Act.

 

19.  Health

 

19.1     To issue immunisation certificates in accordance with the Public Health Act 2001 and Regulations.

 

19.2     To appoint authorised officers subject to the provisions of Section 114 of the Food Act 2003.

 

19.3     To initiate legal proceedings for breaches of the Food Act, 2003 and regulations.

 

20.  Impounding and Animals

 

20.1     Act in the capacity of Impounding Officer in accordance with the provisions of the Impounding Act 1993.

 

20.2     Act in the capacity of Registrations Clerk in order to satisfy the provisions of Section 23(a) of the Companion Animals Act 1998 and Regulations.

 

20.3     To receive dogs into the Dog Pound.

 

20.4     Under the Companion Animals Regulation 1999 to authorise those Council staff members to be authorised identifiers on the following conditions:

 

·     That the person has had training in the insertion of microchips in companion animals and is competent in being able to do so;

·     That the person being authorised can only implant microchips into animals held at the Council pound.

 

21.  Licences and Permits

 

21.1   Determine approvals under Section 68 of the Local Government Act 1993.

 

21.2     Consider liquor licence applications and lodge an objection under the Liquor Act, where such objection is warranted.

 

22.  Legal Action and Fines

 

22.1     To present information at any court exercising jurisdiction in New South Wales in relation to legal matters for which prosecution is authorised by Council and to give evidence as required on behalf of Council.

 

22.2     Institute legal proceedings for unauthorised dumping of rubbish.

 

22.3     Institute legal proceedings for the dumping of litter where on the spot fines are unpaid within the prescribed period.

 

22.4     Lay or make any information or complaint for or on behalf of Council.

 

22.5     Under Section 687 of the Local Government Act, 1993, as amended, to represent Council in all proceedings in any Court or before any Justice in all respects as though the General Manager is the party concerned and to institute and carry on any proceedings which the Council is authorised to institute and carry out and this shall extend to any proceedings under all other Acts

 

22.6     To authorise the institution of legal proceedings for the recovery of outstanding rates and other debts due to Council and to take all necessary action to recover such rates or debts.

 

22.7     Issue notices requiring cessation of illegal and unauthorised uses within a limited period (this does not authorise the taking of legal action and would still be necessary for such matters to be referred to Council for the action to be authorised).  Where such legal action has been resolved to be taken, authority is provided to present information and provide evidence for legal action required pursuant to the Environmental Planning and Assessment Act 1979.

 

22.8     Authority to act on Council’s behalf in cases where recovery efforts prove fruitless and Court proceedings have to be instituted, provided any cases of hardship be reported to Council before any legal action is taken.

 

22.9     To initiate legal proceedings for offences against the Companion Animals Act 1998 and Regulations.

 

22.10   To initiate legal proceedings for breaches of the Food Act, 2003 and Regulations.

 

22.11   To initiate legal proceedings for offences under Chapter 16 Part 3 of the Local Government Act 1993 (water, sewerage and stormwater drainage offences).

 

22.12   To initiate prosecutions in the Local Court for breaches of any legislation regulated by Council.

 

22.13   To serve penalty notices under Section 127A of the Environmental Planning and Assessment Act 1979.

 

23.  Meetings and Associated Matters

 

23.1     To have matters deemed urgent and raised between Council meetings and not able to be included on meeting agendas, included on the agenda of the General Purpose Committee as a matter of urgency.

 

23.2     To limit the number of persons within the Council Chambers in order to prevent any obvious overcrowding.

 

23.3     Authority to, after consultation has been held with the relevant Sub-Committee Chairperson, to cancel a meeting of a Sub-Committee when there is insufficient business to warrant holding a Sub-Committee meeting.

 

24.  Notices and Orders

 

24.1     Authorise the service of notices on property owners whose properties are infested with noxious weeds.

 

24.2     Serve any notices under the Public Health Act or any other Act administered by Council which the General Manager deems necessary in regard to premises and unsanitary conditions, and if not complied with in the given period, a final notice giving fourteen (14) days to comply will be served.  If compliance is not then secured, a notice to show cause in writing within 7 days as to why legal proceedings should be taken shall be served.  If compliance is not then secured, the matter shall be referred to Council for legal proceedings.

 

24.3     Under the Protection of Environment Operations Act 1997 authority to issue on the spot fines.

 

24.4     To issue on the spot penalty infringement notices for parking on footpaths.

 

24.5     To issue on the spot penalty infringement notices as set out in the appropriate Acts and Regulations in matters relating to:-

·     Illegal camping

·     Exceeding load limits

·     Obstructions on footpaths

·     Street trading

·     Mis-use of fixed hoses

·     Companion animals

·     Parking offences committed within Council controlled carparks which relate to parking within prohibited areas and for obstructing traffic within parking areas

·     Uncovered loads

·     Allowing loose material to fall onto the road

·     Beach driving offences

·     Not complying with signs

 

24.6     To administer and serve notices of intention to serve orders and to serve orders in the circumstances that are indicated in the table to Section 124 of the Local Government Act 1993.

 

24.7     To administer and service notices of intention to serve orders, to serve orders and infringement notices, as appropriate and to take action, as circumstances warrant, in relation to the following Acts:

·     Public Health Act, 1991

·     Swimming Pools Act 1992

 

25.  Parks, Reserves and Crown Land

 

25.1     Approve (subject to conditions) or refuse, the use of parks, playing and sports areas by organisations or individuals in situations where a development consent is not required.

 

25.2     Appointment of authorised officers submitted by the Local Surf Life Saving Clubs, to enforce the provisions of the Local Government Act (Section 681) for the purposes of controlling and impounding water based recreational equipment (surf boards, jet skis, wave skis etc).

 

25.3     Sign on Council’s behalf, licence and deed of indemnity documents in relation to Council’s lifeguard service at any beaches not under Council’s control.

 

26.  Private Works

 

26.1     Authorise use of Council's work staff, plant, equipment and contractors to carry out private works where the full estimated cost of the work is paid in advance and where such works will not adversely affect Council's work schedules or cause a financial loss.  Also, carryout works for Government departments and statutory bodies upon receipt of an official order.  Hire out Council's plant at charges approved by Council.  Any authorisation in relation to private works is subject to the provisions of Council's Code of Conduct.

 

27.  Public Relations

 

27.1     To make or authorise media releases on all matters to do with Council, provided that the concurrence of the Mayor is obtained.

 

27.2     To answer questions and make statements to the media on all matters to do with Council.

 

28.  Roads, Footpaths and Public Places

 

28.1     To approve (subject to conditions), or refuse and control and regulate applications for the conduct of doorknock appeals within the area, in accordance with any Council policy.

 

28.2     To approve (subject to conditions), or refuse, street stalls, button days or street buskers in the area.

 

28.3     Approve (subject to conditions) or refuse, use of public roads for walkathons, motor car trials, charitable collections or other like events.

 

28.4     Order the removal of obstructions on roads or public places where such obstruction constitutes a public danger.

 

28.5     Close roads, or parts thereof, temporarily for repairs or construction or for public activities.

 

28.6     Approve the advertising of proposed road levels.

 

28.7     Approve parking of mobile display caravans in public streets and places where the caravans display information from Government Departments.

 

28.8     Negotiate and ensure payment of the charge for the restoration of trenches and openings in roads and/or footpaths where the constructing authority or firm has caused damage or interference.

 

28.9     Approve the installation of cattle grids on Council roads in rural areas in accordance with any Council policy.

 

28.10   Approve the placement of direction signs within road reserves in accordance with RTA guidelines.

 

28.11   Approve banners over public roads and reserves in accordance with any Council policy.

 

28.12   Decide on changes to footpath paving in consultation with adjoining property owners and the Access Committee.

 

28.13   Approve applications to install pipelines with road reserves.

 

28.14   Approved naming of new roads in accordance with Council's Road Naming Policy.

 

28.15   Exercise control over street food hawking, the erection of tents on private land, lighting of fires in public places, the exercising of greyhounds on roads or public places.  If compliance is not secured within a reasonable period, the matter shall be referred to Council for authority to institute legal action.

 

28.16   Issue on the spot infringement notices for unauthorised street trading.

 

28.17   Be responsible for the implementation and control of numbering of properties.

 

28.18   Issue orders requiring persons to identify premises under Section 124 of the Local Government Act 1993.

 

28.19   Under Section 125 of the Roads Act 1993, grant approval for an outdoor dining area in accordance with Council’s policy (if any).

 

28.20   Under Section 125 of the Roads Act, 1993, to execute any deed of guarantee that is required to be entered into as part of an Outdoor Dining Approval.

 

29.  Septic Tanks

 

29.1     Approve, subject to conditions, or refuse the installation of septic tanks and chemical closets.

 

30.  Staff

 

30.1     To determine applications for leave, including leave without pay.

 

30.2     To extend the closing time for submission of job applications where, in the General Manager’s opinion, circumstances warrant such extension.

 

30.3     To issue references to staff who have completed at least ten years continuous and satisfactory service with Council.

 

30.4     Deal with all industrial disputes, but not to commit Council to any additional expenditure resulting from changed conditions.

 

30.5     Appoint a Director to act as General Manager during periods of absence of the General Manager.

 

30.6     To reclassify staff and adjust salaries in accordance with Council’s human resources management policies.

 

30.7     Where required for operational reasons, to approve, subject to conditions, an employee driving a motor vehicle, truck or plant item to and from his place of residence to the work site.

 

30.8     To adjust the salaries and wages of staff in accordance with the Local Government State Award and Council’s Policies.

 

30.9     To enter into redundancy arrangements with staff where through restructuring and other changes agreed to by Council, such staff become redundant provided redundancy payments do not exceed the entitlement under the Award up to a maximum of 34 weeks.

 

30.10   To determine the allocation of communication devices (mobile telephones, 2 way radios and the like) to Council staff.

 

30.11   To determine the use of overtime and/or the provision of time in lieu provided that any such approval can be funded from the available allocation for wage and salaries or untaken leave entitlements.

 

31.  Subdivision Matters

 

31.1     Grant development consent to subdivisions and consolidation of properties in accordance with Council’s policies.

 

31.2     Authorise registration of plans of subdivision or release of subdivision certificates when all conditions of relevant approvals have been complied with.

 

31.3     Authorise registration of plans of subdivision when all conditions of relevant approvals have not been complied with, subject to:

·     Provision of a cash security or suitable alternative to guarantee satisfactory completion of engineering works and maintenance period

·     Work to be in hand and no less than 25% complete

·     Bond to be for a maximum period of one year

·     Bond not to be accepted until major engineering problems overcome

·     Security to be for full contract value of outstanding works plus 10% of contract price to cover maintenance, plus 20% of value of outstanding work to cover variations

 

31.4     To sign plans of subdivision and issue subdivision certificates upon certification by Council staff that all Council requirements have been complied with or that satisfactory bonding arrangements have been entered into.

 

31.5     To vary restriction as to users created by Section 88B instruments in relation to subdivisions and to fix the common seal of Council.

 

32.  Tenders

 

N/A

 

33.  Trees

 

33.1     Authorise the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council’s utilities or adjoining private property.

 

34.  Trade Shows

 

34.1     Authorise attendance of persons at Trade Shows and the like.  (A concise and complete budget for the specific item is to be presented; such budget to include, where appropriate, provision for meeting, travelling, accommodation and other appropriate expenses of any staff and volunteers involved).

 

35.  Water

 

35.1     To implement water restrictions in the Nambucca Local Government Area to level 1 and 2, and beyond level 2 in consultation with the Mayor.

 

35.2     To grant licences, subject to conditions, where applications are received in writing and the applicant can clearly demonstrate a financial loss or hardship if not granted some limited exemption to water restrictions that may be imposed.

 

 


Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.5      SF35                190209         Delegation of Authority - Mayor

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Mayor has certain specific functions under the Local Government Act.  Under Section 226 of the Act these are:

 

1              to exercise, in cases of necessity, the policy making functions of the governing body of the council between meetings of the council

2              to exercise such other functions of the council as the council determines

3              to preside at meetings of the council

4              to carry out the civic and ceremonial functions of the mayoral office.

 

A list of proposed delegations of authority for the Mayor is attached.

 

 

Recommendation:

 

That Council delegate authority to the Mayor to perform functions in accordance with the list dated 19 February 2009.

 

 

 

OPTIONS:

 

Council can adopt the delegations of authority or amend them as its sees fit.

 

 

DISCUSSION:

 

To date Nambucca Shire Council has operated without any delegation of authority for the Mayor.  A number of practices are in place but it would be preferable for these to be supported by a formal delegation of authority.

 

The Mayor has certain specific functions under the Local Government Act.  Under Section 226 of the Act these are:

 

1              to exercise, in cases of necessity, the policy making functions of the governing body of the council between meetings of the council

2              to exercise such other functions of the council as the council determines

3              to preside at meetings of the council

4              to carry out the civic and ceremonial functions of the mayoral office

 

A list of proposed delegations of authority for the Mayor is attached.

 

 

CONSULTATION:

 

There has been consultation with the Mayor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Ensuring delegations of authority are comprehensive and up to date will minimise Council’s risk in any legal action.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

3061/2009 Delegations of Authority - Mayor

 

 

 


Ordinary Council Meeting - 19 February 2009

Delegation of Authority - Mayor

Attachment 1

3061/2009 Delegations of Authority - Mayor

 

 

 

 

 

 

 

 

 

 

 

 

 

MAYOR

 

DELEGATIONS OF AUTHORITY

 

 

 

19 February 2009

 

 

 

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

 

 

 

 

 

 

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

 


 

1.  Administration – General

 

1.1       To sign cheques and investment instructions on behalf of Council.

 

1.2       To authorise the supply of documents to members of Council, where such members request copies of documents that have been dealt with by Council through its meetings or have been dealt with by staff under delegated authority.  The supply of such documents must be in accordance with any legislation relevant to the disclosure of documents.

 

1.3       To accept service of documents on behalf of Council.

 

1.4       Authority to supply information which is readily available upon request.

 

1.5       Sign correspondence.

 

1.6       To endorse contracts on behalf of Council provided the tendering provisions of the Local Government Act and any requirements of Council’s procurement policy have been met.

 

1.7       To sign contracts on behalf of Council.

 

 

2.  Emergency Services

 

2.1       Authorise the use of Council’s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

 

 

3.  Finance – Expenditure and Authorisation

 

3.1       Authorise any work which, in the Mayor’s opinion is urgent, at a cost not exceeding $5,000 or such other limit beyond that amount as the Council may determine, and ensure that the amount for any work so authorised is submitted for payment by the Council in the same way as other accounts for goods and services against the Council.

 

3.2       Authorise donations under Section 356 of the Local Government Act.

 

3.3       Use of a Council credit card within a limit of $5,000 for purposes of carrying out the civic and ceremonial functions of the mayoral office and for Council business generally.

 

 

4.  Meetings and Associated Matters

 

4.1       To have matters deemed urgent and raised between Council meetings and not able to be included on meeting agendas, included on the agenda of the General Purpose Committee as a matter of urgency.

 

 

5.  Public Relations

 

5.1       To make or authorise media releases on all matters to do with Council

 

5.2       To answer questions and make statements to the media on all matters to do with Council.

 

 

6.  Water

 

6.1       To implement water restrictions in the Nambucca Local Government Area beyond level 2 in consultation with the General Manager.

 


Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.6      SF1301            190209         Delegations of Authority - Community Based Section 355 Committees

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months term of office.

 

Recommendation no. 22 of the Promoting Better Practice Report also requires that, “delegations should be reviewed at least every 2 years or whenever a change in the responsibility of a council officer or committee member requires such a change”.

 

Council has delegated significant functions to fourty six (46) community based Committees of Management under Section 355 of the Local Government Act.

 

A proposed template operations guide and delegations of authority for each of the community based Section 355 Committees of Management is recommended.

 

 

Recommendation:

 

1        That Council delegate authority to the following Committees of Management under Section 355 of the Local Government Act in accordance with the circularised document.

 

Argents Hill Hall

Bowraville Folk Museum

Bowraville Hinterland Festival

Bowraville Pioneer Community Centre

Bowraville Sports Ground

Burrapine Public Hall

Coronation Park

Crosswinds Wetland Nature Reserve

E J Biffin Playing Fields

Eungai Community Pre-School Centre

Eungai District Community & Hall Council

Gordon Park Rainforest Walk

Grants Hall/Bowraville & District Youth Club

Gumma Crossing (Boulton’s)

Macksville Netball Courts

Macksville Park and Sports

Macksville Senior Citizens Centre

Macksville Showground

Macksville Tennis Courts

Mary Boulton Pioneer Cottage and Museum

Missabotti Community Centre

Nambucca District Band

Nambucca District Historical Society

Nambucca Entertainment Centre

Nambucca Heads Tennis Club

Nambucca Senior Citizens

 

North Macksville Playing Field

 

 

Scotts Head New Year Eve Celebrations

 

 

Scotts Head Sports Fields

 

 

Scotts Head Tennis Courts

 

 

South Arm Hall

 

 

Talarm Hall

 

 

Taylors Arm Hall

 

 

Taylors Arm Sports Reserve

 

 

Tewinga Community Centre

 

 

Unkya Reserve

 

 

Utungun Community Centre

 

 

Valla Beach Tennis Club

 

 

Valla Beach Urban and Hall

 

 

Valla Public Hall

 

 

Warrell Creek Public Hall

 

 

Welsh Pioneer Park

 

 

2        That Council enquire with the last contact for Goldie Nature Park; Bowraville Pre-School Inc.; Donnelly-Welsh Playing Fields; and the Macksville Gift as to their operational status as a Section 355 Committee of Council and whether they can or wish to remain as a Committee of Council.

 

 

 

OPTIONS:

 

Council has complete discretion in relation to the formation of Section 355 Committees and the delegation of functions to those Committees.

 

 

DISCUSSION:

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months term of office.

 

Recommendation no. 22 of the Promoting Better Practice Report also requires that, “delegations should be reviewed at least every 2 years or whenever a change in the responsibility of a council officer or committee member requires such a change”.

 

Section 355 of the Local Government Act 1993 provides as follows:

 

355    How does a council exercise its functions?

 

A function of a council may, subject to this Chapter, be exercised:

 

(a)      by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b)      by a committee of the council, or

(c)      partly or jointly by the council and another person or persons, or

(d)      jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e)      by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

 

Council has fourty six (46) community based Section 355 Committees of Management.  These Committees of Management generally meet and conduct their operations without involvement from Councillors or Council staff.  These Management Committees are:

 

Argents Hill Hall

Bowraville Folk Museum

Bowraville Hinterland Festival

Bowraville Pioneer Community Centre

Bowraville Pre-School Inc

Bowraville Sports Ground

Burrapine Public Hall

Coronation Park

Crosswinds Wetland Nature Reserve

Donnelly-Welsh Playing Fields

E J Biffin Playing Fields

Eungai Community Pre-School Centre

Eungai District Community & Hall Council

Goldie Nature Park

Gordon Park Rainforest Walk

Grants Hall/Bowraville & District Youth Club

Gumma Crossing (Boulton’s)

Macksville Gift

Macksville Netball Courts

Macksville Park and Sports

Macksville Senior Citizens Centre

Macksville Showground

Macksville Tennis Courts

Mary Boulton Pioneer Cottage and Museum

Missabotti Community Centre

Nambucca District Band

Nambucca District Historical Society

Nambucca Entertainment Centre

Nambucca Heads Tennis Club

Nambucca Senior Citizens

 

North Macksville Playing Field

 

 

Scotts Head New Year Eve Celebrations

 

 

Scotts Head Sports Fields

 

 

Scotts Head Tennis Courts

 

 

South Arm Hall

 

 

Talarm Hall

 

 

Taylors Arm Hall

 

 

Taylors Arm Sports Reserve

 

 

Tewinga Community Centre

 

 

Unkya Reserve

 

 

Utungun Community Centre

 

 

Valla Beach Tennis Club

 

 

Valla Beach Urban and Hall

 

 

Valla Public Hall

 

 

Warrell Creek Public Hall

 

 

Welsh Pioneer Park

 

 

A check of correspondence in relation to each of these Committees of Management indicates that a number are non-functional as Section 355 Committees as evidenced by a failure to report any annual general meeting in the past 18 months; lack of notification of committee representatives; and lack of any BAS or financial returns.  They may well be functioning in another capacity but based on these criteria the following Section 355 Committees are not considered functional:

 

Goldie Nature Park

Bowraville Pre-School Inc.

Donnelly-Welsh Playing Fields

Macksville Gift

 

It is proposed to enquire with the last contact for these Committees as to their operational status and whether they wish to remain as a Section 355 Committee of Council.

 

In mid 2007 generic constitutions for most of the Committees of Management were prepared.  These constitutions provide delegations of authority.

It should be appreciated that the functions which are delegated to the Committees of Management are extensive and as a consequence there are important reporting obligations which in many cases are statutory in nature.  The Council and its senior staff may be liable if the Committees of Management do not undertake the required reporting or operate outside their authorities.

 

The Committees have to manage their income and expenditure and often engage contractors for a variety of purposes.  Recent examples include the building extensions to the Headland Museum and Mary Boulton’s cottage.  The Valla Hall Committee are project managing a significant upgrading of their hall with grant money and work for the dole.  The Valla Beach Urban and Hall Management Committee employ a part time contractor to manage their weekend markets.  The Back to Bowra Hinterland Festival Committee of Management employed a number of contractors to assist with their last festival.

 

Following on from these functions, the Committees (and Council) have statutory reporting obligations in relation to the BAS for GST.  Council has to ensure that for insurance purposes, the Section 355 Committees operate in accordance with their delegations of authority.  The Committees are also subject to the provisions of the Local Government Act and all other legislation which applies to Council.

 

A proposed operations guide and delegations of authority for each Committee is a circularised document.

 

 

CONSULTATION:

 

It is proposed to consult with:

 

Goldie Nature Park

Bowraville Pre-School Inc.

Donnelly-Welsh Playing Fields

Macksville Gift

 

in relation to their status as Section 355 Committees of Management.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

For its size Nambucca Shire Council has a large number of Section 355 Committees of Management.  This has many positives including engaging with volunteers in the community; building community spirit and saving money as otherwise Council would need to directly manage such assets.  However it also has some negatives in placing a large reliance on volunteer effort and increasing risk given that minimal staffing is available to supervise and co-ordinate such a large number of Committees.

 

Economic

 

There are no economic implications.

 

Risk

 

The major issue with the operation of the Committees of Management is risk.  This relates to non-compliance with legislation such as statutory reporting and insurance requirements.  There are also potential risks in relation to fraud/theft of funds.  One means of managing this risk is to provide up to date delegations and operational guides.

 

Council has to balance the risk of minimal supervision of a very large number of Committees providing significant volunteer effort against the cost of employing additional staff to either directly manage facilities and/or supervise Committees.  To date there has been no significant liability arising out of the community based Committees of Management but this risk balance needs to be continually monitored.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and 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

19 February 2009

General Manager's Report

ITEM 8.7      SF1031            190209         Records Management Policy and Plan

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council is required to maintain its records in accordance with the State Records Act.  The Promoting Better Practice Review Report includes a recommendation that Council review its records management policy.  It is recommended that the attached policy be adopted.

 

 

Recommendation:

 

That Council adopt the attached Records Management Policy and Plan.

 

 

 

OPTIONS:

 

Council can adopt the records management policy and plan as presented or with amendments.

 

 

DISCUSSION:

 

Recommendation No. 21 of the Promoting Better Practice Review states as follows:

 

“However, Council has not produced comprehensive records management procedures or guidelines to assist staff in following the basic instructions.  Council should develop a comprehensive set of records management procedures or guidelines to assist staff to comply with the provisions of the State Records Act and a further review of the policy should be undertaken.  (Recommendation 21).

 

A comprehensive set of procedures have now been developed.

 

This report deals with a review of the records management policy and plan.  A copy of the reviewed policy is attached for adoption by Council.

 

 

CONSULTATION:

 

There has been consultation with Council’s Records Officer who has prepared the draft policy.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are risks if Council does not maintain and utilise its records in accordance with relevant legislation, and in particular the State Records Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no implications for working funds.

 

Attachments:

1View

Doc 3203/2009 Review of Records Policy

 

 

 


Ordinary Council Meeting - 19 February 2009

Records Management Policy and Plan

Attachment 1

Doc 3203/2009 Review of Records Policy

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RECORDS MANAGEMENT POLICY AND PLAN

 

 

 

Function:  CORPORATE SERVICES

 

 

Adopted: 

Last reviewed: 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

 

1.0       Policy objective

 

1.1       To ensure that full and accurate records of all activities and decisions of Nambucca Shire Council are created, managed and retained or disposed of appropriately, and in accordance with relevant legislation.

 

1.2       Establish a Records Management Program in accordance with s.12(2) of the State Records Act 1998 to provide a framework and outline responsibilities for the operation of the program.

 

1.3       To ensure that Council’s records provide timely and comprehensive information to meet operational business needs, legal, evidential and accountability requirements and to also fulfil community expectations.

 

 

2.0       Related legislation and documents

 

State Records Act 1998

State Records Regulation 2005

Freedom of Information Act 1989

Privacy Act 1998

Evidence Act 1995

Local Government Act 1993

Other Government Acts and Regulations that relate to functional activities of Council

Australian Standard AS ISO 15489 Records Management

State Records Local Government General Disposal Authorities 10 and 24 (GDA 10, GDA 24)

Nambucca Shire Council Records Management Guidelines and Business Rules (Trim document 200/2006)

Nambucca Shire Council Security Matrix for Trim Users

Nambucca Shire Council Requests and Complaints Policy

Nambucca Shire Council Code of Conduct

Nambucca Shire Council Document Standards Manual

Nambucca Shire Council Trim Training Manual

 

 

3.0       Authority

 

The Records Management Program is issued under the authority of the General Manager.

 

Ownership of this policy and responsibility for its implementation rests with the Manager Information Technology.

 

 

4.0       Policy Statement

 

Nambucca Shire Council recognises that records are a vital asset to:

 

·           Facilitate information accessibility, and enhance business by supporting program delivery, management and administration

 

·           Deliver customer services in an efficient, fair and equitable manner

 

·           Provide evidence of actions and decisions and precedents for future decision making

 

·           Protect the rights and interests of Government, Nambucca Shire Council and its clients and citizens.

 

A small percentage of Nambucca Shire Council’s records will become archives, part of the cultural resources of the State of New South Wales.

 

For the purposes of this policy and associated procedures, records will refer to recorded information, in any form, including data in computer systems, created or received and maintained by Council or its staff in the transaction of business or the conduct of affairs and kept as evidence of such activity.

 

Council will maintain its records in an electronic format in preference to a paper format wherever possible and is committed to the ongoing development and maintenance of an electronic document management system and other corporate electronic information systems throughout the organisation.

 

Nambucca Shire Council is also committed, through its Records Management Program, in maintaining digital and other technology dependent records in authentic and accessible form for as long as they are required in accordance with s.14 of the State Records Act 1998.

 

The Records Management Program is planned, organised and monitored to comply with the State Records Act 1998, s.12 (2).  The objectives to be achieved through the program include:

 

·           To have complete information and records of all Council operations to support ongoing business activities and customer services, meeting accountability requirements and community expectations

 

·           To ensure that records are managed efficiently and can be accessed and used for as long as they are required

 

·           Cost effective storage of records and disposal in a timely and efficient manner when no longer required

 

·           Compliance with all legislative requirements concerning records and records management practices

 

·           Records of longer term value are identified and protected

 

·           Procedures are in place to minimise the impact in the event of accident or disaster.

 

All records which are made or received by Council or Council staff during the conduct of Council business are corporately owned by Council and, consequently, are subject to record-keeping practices and guidelines, and this policy.

 

Records Management Guidelines and Business Rules are provided to all staff to facilitate compliance with this policy.

 

 

5.0       Responsibilities and Accountabilities

 

The Records Management Program applies to all Nambucca Shire Council employees.  The State Records Act 1998 requires Council to make and keep full and accurate records as evidence of business activities.  Council is responsible for the protection and safe custody of all State Records under its control.  This responsibility falls onto all employees.

 

5.1       General Manager

 

·        Responsible for ensuring that Nambucca Shire Council complies with the requirements of the Sate Records Act and the standards and requirements issued under the Act.  This includes the requirement to ensure that any records requiring technology to be read and understood remain readable and available for as long as they are required.

 

·        The General Manager is also the Public Officer, determining access to records.

 

5.2       Nominated Senior Officer - Manager Information Technology

 

·        Ensures that the Records Management Program is adequately resourced

 

·        Has ownership of the Records Management Policy

 

·        Ensures the preservation of physical and digital records across all corporate record systems is addressed in policy, planning and implementation of the records management program, including disaster management

 

·        Reports to State Records Authority on the Records Management Program

 

5.3       Records Officer

 

·         Compiles and reviews Records Management Policy, procedures and standards in relation to all aspects of Council’s electronic document records management system

 

·         Monitors compliance with procedures and standards across the organisation and makes recommendations for improvement or modification of practices

 

·         Operationally responsible  for the efficient management of Council’s records (physical and electronic) incorporating sound recordkeeping principles and records management best practice guidelines with the exception of Development Application physical files, which are the responsibility of the Director Environment Services

 

·         Responsible for the effective management and system administration of Council’s primary electronic document recordkeeping system, Trim Context

 

·         Undertakes sentencing of records and manages disposal schedule

 

·         Assists staff in fulfilling their recordkeeping responsibilities by providing advice and training.

 

 

5.4       All Staff

 

5.4.1    The State Records Act 1998 Part 2 Section 12 requires public employees to “make and keep full and accurate records of their business activities”. This includes maintaining adequate documentation to support any decision in the performance of their duties.  All staff must follow Council policy and authorised procedures to:

 

·         Ensure that records are created to support the conduct of their business activities

 

·         Create records that would otherwise not be created

 

·         Register records into Council’s corporate record keeping systems, whether paper or electronic.

 

5.4.2    Council staff shall not alienate, relinquish control over, or destroy records of Council without authority to do so.

 

5.4.3    Records or files should not leave Council premises except where normal administrative practice permits (eg building site inspections).

 

5.4.4    All staff are to handle physical records with care and respect to avoid loss or damage.

 

5.4.5    Staff shall refrain from accessing corporate records, whether physical or electronic, except in accordance with the function of their position or those available to them as to any other member of the public.

 

 

5.5       Contractors of Council

 

All records created by contractors performing work on behalf of Nambucca Shire Council         belong to Council and are State Records under the State Records Act 1998.  This includes the records of contract staff working on the premises as well as external service providers.

 

Contracts should clearly state that ownership of records resides with Council and provide instructions regarding creation, management and access to the records created.

 

 

6.0      
Records Management Program

 

6.1       Create and Capture

 

Records must be created in all instances where there is a need for Council or an individual to be accountable for, and/or provide evidence of, decisions made or actions taken. 

 

Records come in many formats and may include (but not be limited to) email, file notes, phone discussions, voicemail, inwards and outwards going correspondence, minutes of meetings, decisions, commitments and photographs.

 

Complete records should be captured into Trim as soon as they are created or received using the templates available and following the instructions and guidelines that have been provided through training, manuals and business rules.  All records captured are contained within a Trim file and can therefore be managed appropriately.

 

Trim is the system that holds both the electronic document records of Council and also the metadata of physical document records of Council.  All records on capture receive a unique identifying number.  Records that are not supported by electronic objects, ie remain as paper documents, must have a note appended to the Trim record advising of the location of the physical record.

 

Trim file reference numbers should be displayed on outgoing correspondence.

 

Care should be exercised in the titling of records and the correct completion of all metadata fields to enable easy future retrieval.  Relationships between records must be maintained to provide continuity, history and a complete record.

 

Records security requirements should be maintained in accordance with established procedures and guidelines. 

 

Only Records Staff are permitted to create Trim files, classifying and titling them according to the Keyword for Councils: A Thesaurus of Local Government Terms.  Requests for new files should be made to the Records Officer.

 

Records created, stored and processed in other business systems of Council must be managed in accordance with the identified guidelines and procedures for those systems.

 

 

6.2       Storage and Security

 

All archived records are to be packed, shelved and stored in a manner that ensures they are secure, accessible and minimises deterioration.  In doing so, the privacy and confidentiality of all records should be protected.

 

General files, personnel files and insurance records prior to the introduction of Council’s electronic document management system are to be held in either Council’s secure off-site archive storage facility, the Records Section or in the case of legal documents and Council Minutes, Council’s strong room.  All locations have access restrictions.

 

Archived files, including State Archives and Building and Development Applications are stored securely in Council’s off-site archive storage facility.

 

The Records Officer will establish and maintain an archival data base of all physical records contained in Council’s storage facilities.

 

Electronic records are retained online (on servers) or offline (on CD’s, magnetic disks or other removable media).  Back up copies of vital records are to be held securely in Council’s designated off-site facility.

 

Originals of imaged records are to be held in the Records Section in day boxes until such time as conditions for their destruction, if appropriate under GDA 24, have been met.

 

Certain classes of records may not be permitted to be destroyed under GDA 24 as well as those records that management of Nambucca Shire Council has decided to retain as a paper record.  These records are stored on-site until such time as they are further appraised or archived.

 

Legal Documents (eg leases, contracts, deeds, certificates of title, licences and agreements etc) are to be scanned and stored electronically in Trim with details also added to the Legal Documents Register file.  The originals of all Legal Documents are to be filed in the Legal Documents File area with Council’s strong room. Access to original Legal Documents is restricted to the Records Officer and Council’s Property Officer.

 

Active Development Application physical files are held within Council’s Department of Environment and Planning.

 

Unauthorised alteration, removal, distribution or destruction of Council’s records is prohibited.

 

Personal computers must not be left unattended in unsecured areas without first logging out from network connections, thus ensuring prevention of access to Council information by unauthorised users.

 

 

6.3       Access to Council Records

 

Internal Access

 

Records must be available to all authorised staff requiring access to them for business purposes.

 

Access to Trim electronic records is controlled by a security matrix in which the requirements of each Trim user has a logon with password protection configured accordingly, thus ensuring no unauthorised access to records.

 

An audit log within the administration system of Trim provides a history of access and modifications.

 

Procedural guidelines dictate that records requiring elevated levels of security have the appropriate security and/or caveats applied at point of capture into Trim.

 

Requests for access to original documents or archived paper files are to be made to the Records Section.

 

External Access

 

Public access to Nambucca Shire Council’s records is in accordance with the Local Government Act 1993, Chapter 4 Part 2 Section 12.  The general public is entitled to inspect the current version of the following documents:

 

·           Code of Conduct

·           Code of Meeting Practice

·           Annual Report

·           Annual Financial Reports

·           Auditors Reports

·           Management Plan

·           EEO Management Plan

·           Policy of Expenses & Provision of Facilities to Councillors

·           Land Register

·           Register of Investments

·           Return of Interests of Councillors, Designated Persons & Delegates

·           Returns as to Candidates Campaign Donations

·           Business Papers for Council and Committee Meetings – (but not including minutes of a meeting or any part of a meeting that is closed to the public other that the recommendations of that meeting)

·           Register of Delegations

·           Applications under Chapter 7 Part 1 for approval to erect a building and associated documents

·           Development Applications within the meaning of the Environmental Planning & Assessment Act 1979

·           Local Policies adopted by councils concerning approvals and orders

·           Records of approvals granted and decisions made on appeals concerning approvals

·           Records of building certificates

·           Plans of land proposed to be compulsorily acquired by council

·           Leases and licences for use of public land classified as community land

·           Plans of management for community land

·           Environmental planning instruments, development control plans and plans made under Section 94AB of the Environmental Planning & Assessment Act 1979 applying to land with the Councils area

·           The Statement of Affairs, the Summary of Affairs and the register of policy documents required under the Freedom of Information Act 1989.

 

Public access to Council’s records must be in a suitably defined area under supervision and records must not be removed, destroyed, defaced or damaged for any purpose.

 

Freedom of Information requests will be determined by Council’s Public Officer.  At Nambucca Shire Council this is the General Manager.

 

 

6.4       Appraisal and Disposal of Records

 

Disposal of Council’s records is governed by the State Records Act 1998 and must be carried out under the General Disposal Authority – Local Government Records (GDA 10). 

 

Originals of imaged records may be disposed of in accordance with General Retention and Disposal Authority – Imaged Records GDA 24, after meeting the conditions therein.

 

Appraisal is to be undertaken by the Records Officer within a program of sentencing, regular culling, transfer, archiving or destruction of appropriate records.

 

A register documenting the details of the disposal of records and the Authority under which they have been approved shall be maintained by the Records Officer.

 

Disposal of ephemeral or facilitative records, some draft documents and some working papers and certain other classes of records is permitted as ‘Normal Administrative Practice’ under Section 5 of The State Records Regulation 2005.  Schedule 3 of the Regulation details the circumstances under which this may occur.

 

 

7.0       Review

 

This Records Management Policy will be reviewed every two years, or earlier if circumstances arise to warrant revision, and amended as required in consultation with relevant managers and staff of Council.

 

 

 

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Ordinary Council Meeting

19 February 2009

General Manager's Report

ITEM 8.8      SF1031            190209         Policy Review - Internal Disclosure (Confidential) Procedures

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The report has reviewed the existing policy on, “Internal Disclosure (Confidential) Procedures” as required by a recommendation of the Promoting Better Practice Review.  It is proposed that it be replaced by a model internal reporting policy developed by the NSW Ombudsman.

 

 

Recommendation:

 

That Council adopt the Internal Reporting Policy for Nambucca Shire Council in place of the existing policy on Internal Disclosure (Confidential) Procedures.

 

 

 

OPTIONS:

 

The Promoting Better Practice Review requires that the existing policy be reviewed.  Council has discretion as to the content of an amended policy.  The recommended policy is a model policy developed by the NSW Ombudsman.

 

 

DISCUSSION:

 

The Promoting Better Practice Review Report includes as recommendation no. 6 the following:

 

“Protected Disclosures

 

The Protected Disclosures Act requires Council to have a mechanism in place to receive and investigate protected disclosures.  Council has an internal reporting policy dated 19 December 1996 to assist staff to make disclosures concerning corrupt conduct, maladministration and serious and substantial waste in public sector.  This policy needs review and will be considered in the current comprehensive policy review initiated by the General Manager.

 

There was no evidence that Council has reviewed the effectiveness of its internal reporting and accordingly a review of the policy should include a review of the procedures contained within the policy. (Recommendation 6)”

 

A copy of the existing policy referred to in the Report recommendation is attached.  The policy was drafted following the introduction of the Protected Disclosures Act (whistleblower) legislation which came into operation in 1995.

 

Since Council adopted their policy in 1996, there has been considerable work on developing policies by both ICAC and the Ombudsman.  The Ombudsman has actually drafted a model internal reporting policy for councils.

 

It is proposed that the existing policy be replaced by the model policy recommended by the Ombudsman.  A copy of the proposed replacement policy is attached.

 

 

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

 

The policy is very relevant to a proactive approach to reducing the risk and impact of corrupt conduct, maladministration, and serious and substantial waste.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no implications for working funds.

 

Attachments:

1View

23282/07 Internal Disclosure (Confidential) Procedures

 

2View

556/2009 - DRAFT POLICY - Internal Reporting

 

 

 


Ordinary Council Meeting - 19 February 2009

Policy Review - Internal Disclosure (Confidential) Procedures

Attachment 1

23282/07 Internal Disclosure (Confidential) Procedures

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

INTERNAL DISCLOSURE (CONFIDENTIAL) PROCEDURES

 

 

 

Function:  Governance

 

 

Adopted by Council:  19 December 1996

Minutes No: 056

Last reviewed: 

 

 

 

1          History

 

In 1995 all Councillors and staff members were circularised with a Draft Brochure designed to implement procedures for Internal Disclosure (Confidential) made under the Protected Disclosures Act.

 

The legislation requires a procedure to be put in place so that disclosures can be made in confidence in the workplace and in relation to Council.

 

The Draft Brochure was circularised on 15 March 1995 giving ample time for comment, closure of comments being 13 April 1995.

 

The final amended brochure was presented to Council for adoption by resolution for implementation on 20 April 1995.

 

The brochure, copy attached, reflects the suggestions received.

 

2          Introduction

 

There is now protection for whistleblowers in Local Government, since the introduction of the Protected Disclosures Act, which came into operation on 1 March 1995.

 

This Act is applicable to Councillors because they fit the definition of "public official" contained in the Act - and it is certainly applicable to the staff of Council.

 

The object is to encourage and assist the disclosure of corrupt conduct, maladministration and serious and substantial waste, in the public interest.

 

There are offences which attract fines etc where wilfully false allegations are made, or where reprisals are taken against a person for making a disclosure which is protected.

 

In order to extend protection, Council is required to adopt a suitable internal reporting system which sets out procedures for making protected disclosures.

 

A reporting system is necessary because the prompt, sensitive and appropriate resolution of grievances is regarded as sound management;  and protected confidential disclosures can assist in improving Council's efficiency and effectiveness.

 

This brochure is designed to briefly explain the concepts embodied in the legislation and the internal reporting system in place in Council.

 

This brochure contains the form to be used in making a confidential, internal, protected statement and the steps to be followed are summarised as:

 

1        Read this form.

 

2        If you decide to proceed with an internal disclosure fill out this form at "The Disclosure".

 

3        Lodge same with the General Manager or the Mayor or a Councillor.

 

4        The General Manager will upon receipt investigate the claim.

 

5        The General Manager will then convey to you, in writing, his decision following his investigation.

 

6        If after investigation the disclosure is referred by the General Manager to ICAC or the Ombudsman then the response from that authority must be awaited.

 

 

7        The General Manager will inform you of the details of the response from ICAC or the Ombudsman and of the action he proposes to take in the light of any recommendations made to the General Manager or by the General Manager.

 

 

 

 

TOM PORT

GENERAL MANAGER

 

 

20 April 1995

 

 


 

1

 

NAMBUCCA SHIRE COUNCIL

 

"THE DISCLOSURE"

 

 

INTERNAL DISCLOSURE (CONFIDENTIAL)

 

MADE UNDER THE PROTECTED DISCLOSURES ACT

 

 

CONCEPTS AND EXPLANATIONS

 

1      Do you consider your disclosure to be frivolous (not serious);  or vexatious (insufficient grounds);  or is your disclosure made to avoid dismissal or disciplinary action.

 

       (Write Yes or No) ............

 

       If the answer to the above is "yes", then your statement will not be protected.

 

 

2      Corrupt conduct is defined as including the dishonest or partial exercise of official functions by a public official.

 

       Corruption can include for example taking or offering bribes, dishonesty, blackmail, fraud, illegal gambling.

 

       Do you consider your disclosure concerns corrupt conduct?

 

       (Write Yes or No) ............

 

       (If yes, then when acted upon by my investigation, and if referred, it will be referred by me to the Independent Commission Against Corruption.)

 

 

3      Maladministration is defined as action or inaction of a serious nature that is:

 

¨      contrary to law;  or

¨      unreasonable, unjust, discriminatory;  or

¨      based on improper motives.

 

       Do you consider your disclosure concerns maladministration?

 

       (Write Yes or No) ............

 

       (If yes, then when acted upon by my investigation, and if referred, it will be referred by me to the Ombudsman.)

 


 

4      Serious and substantial waste refers to any uneconomical, inefficient or ineffective use of resources which results in significant loss/wastage of public funds/resources.

 

       Do you consider your disclosure concerns serious and substantial waste?

 

       (Write Yes or No) ............

 

       (If yes, then when acted upon by my investigation, and if referred, it will only be referred by me to the Ombudsman on the grounds of maladministration.  This is because the Auditor General has no authority to investigate serious and substantial waste in Local Government.)

 

 

 

INTERNAL REPORTING SYSTEM

 

5      The internal reporting system adopted by Council's Resolution on 20 April 1995 to provide protection of the disclosure under the Protected Disclosures Act, provides:

 

 

5.1      for  this internal disclosure to be lodged direct with the General Manager or with the Mayor (who shall refer same to the General Manager).

 

           or  direct with a Councillor (who shall refer same to the Mayor for referral in turn to the General Manager).

 

 

5.2      for  a Councillor to lodge this internal disclosure direct with the General Manager;

           or

           with the Mayor (who shall refer same to the General Manager).

 

 

 

THE DISCLOSURE (CONFIDENTIAL)

 

6      Now, the details of my disclosure are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full Name

 

 

Address

 

 

 

 

 

Signature

 

Date

 

 

 

 

NOTES FOR INFORMATION

 

 

8      External protected disclosures from Staff and Councillors can be made direct to either the Independent Commission Against Corruption or to the Ombudsman.  However check with these authorities first.

 

 

9      Disclosures, both internal and external, made to a journalist or member of Parliament will be protected if the statement is substantially the same as that already made to the General Manager, the Mayor, a Councillor or direct to ICAC or the Ombudsman:

 

-          as long as such statements are not frivolous or vexatious for example

-          and as long as the General Manager or ICAC or the Ombudsman:

·    has decided not to investigate the matter;

·    has not completed an investigation within 6 months;

·    has not recommended any action after an investigation;

·    has failed to notify within 6 months whether the matter is to be investigated or not.

 

 

10    If your disclosure is not frivolous or vexatious for example, you are protected from a person taking "detrimental action" against you in reprisal for your protected disclosure.

 

       "Detrimental action" is action that can cause, comprise or involve any of the following:

 

·    injury, damage or loss;

·    intimidation or harassment;

·    discrimination, disadvantage or adverse treatment in relation to employment;

·    dismissal from or prejudice in employment; or

·    disciplinary proceedings.

 

Under Section 20(1) of the Protected Disclosures Act, a person who takes detrimental actions against another person in reprisal for making a protected disclosure is guilty of an offence punishable by way of fines and imprisonment.

 

 

TOM PORT

GENERAL MANAGER

 

 

 

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Ordinary Council Meeting - 19 February 2009

Policy Review - Internal Disclosure (Confidential) Procedures

Attachment 2

556/2009 - DRAFT POLICY - Internal Reporting