NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 19 March 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.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

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

5        Notices of Motion

5.1     Notice of Motion - Request for Leave - 5 - 9 April 2009 - Cr Paula Flack 

5.2     Notice of Motion - Review of Section 94 Plan for Traffic Management in the Bellwood Area  

6        DELEGATIONS—Motion to hear Delegations

 

Gail Keenan  - Nambucca Valley Bridge Club

7        ASKING OF QUESTIONS WITH NOTICE

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Councillor Training and Development Policy

9.2     Report on what staff numbers this Shire will "lose" and who they are in regard to the transferred sewerage and water utilities

9.3     Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

9.4     Outstanding Actions and Reports March 2009

9.5     Nambucca Shire Land Development Committee Meeting Minutes - 05 March  2009

9.6     Progress on Implementing Recommendations from the Promoting Better Practice  Review Report

9.7     Conduct Review Committee

10      Director Environment and Planning Report

10.1   Outstanding DA's >12 months and applications where submissions received and not determined 10 March 2009

10.2   DEP Applications & Statistical Reports Jul 08 - Jan 09 & DAs & CDAs Received & Determined under Delegated Authority - 10 March 09

10.3   Contract Regulatory Officer's Report - February 2009

10.4   Report on Controls Restricted Breeds and Cross Breed Dogs Under the Companion Animals Act 1998

10.5   Report on 49th Annual Floodplain Management Authorities (NSW) & 6th Biennial Victorian Flood Conference

10.6   Report on the Release of the Mid North Coast Regional Strategy

10.7   Report on Minutes of the Access Committee held 24 February 2009 and Disability Action Plan

11      Director Engineering Services Report

11.1   Roadside Maintenance

11.2   Road Naming - Reynolds Lane, Macksville

11.3   DA 2007/800 Pacey Street Construction  


 

12      General Purpose Committee 18 March 2009 – REPORT

8.1     Delegation of Authority - General Manager

8.2     Delegations of Authority - Community Based Section 355 Committees

8.3     Section 355 Committees of Management - Improved Communications between Council and Committees

8.4     Draft Management Plan 2009/2029 - Targets/Objectives/Strategies - Draft 2009/2010 Revenue Policy Fees & Charges

 

9.1     Report on Draft Compliance, Enforcement and Prosecution Policy

9.2     Report on Modification to Erect Multi-Unit Housing - 6 Units - 61 Charlton Street, Nambucca Heads

9.3     Updated Report on Progress of Nambucca Local Environmental Plan 2008 (NLEP 2008)

9.4     Report on Rehabilitation Bonds for Wia-Ora Sand and Gravel - DA 1995/102 and T1-9-57

 

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

12.1   Potential Claim Arising from Landslip on Riverside Drive

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

12.2   Loans Program 2008/2009

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

  

14      MEETING CLOSED TO THE PUBLIC

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

 



Ordinary Council Meeting

19 March 2009

Notice of Motion

ITEM 5.1      SF1269            190309         Notice of Motion - Request for Leave - 5 - 9 April 2009 - Cr Paula Flack 

 

AUTHOR/ENQUIRIES:     Paula Flack, Councillor         

 

Summary:

 

Cr Paula Flack has requested leave from 5 to 9 April 2009 inclusive to attend the Climate Change Adaptation – Local Government Leadership Forum in Sydney on 7 April 2009.

 

 

Recommendation:

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 5 to 9 April 2009 inclusive.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

19 March 2009

Notice of Motion

ITEM 5.2      SF1269            190309         Notice of Motion - Review of Section 94 Plan for Traffic Management in the Bellwood Area

 

AUTHOR/ENQUIRIES:     Janet Court, Councillor         

 

Summary:

 

Traffic growth in the Bellwood area requires a review of the Section 94 plan.

 

 

Recommendation:

 

That the Section 94 Plan for the Bellwood area be reviewed as a matter of urgency.

 

 

 

DISCUSSION:

 

The RTA at the recent workshop concerning the approved shopping centre noted that there will be incremental growth in traffic in the Bellwood area which will require improvements in the service level of intersections.  At the workshop, reference was also made to a potential large residential subdivision, possible High School, as well as the DA which has been submitted for a McDonalds Restaurant.  Council should ensure its contribution plan considers such development so that it does not incur expenditure in road and intersection improvements.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.1      SF256              190309         Councillor Training and Development Policy

 

AUTHOR/ENQUIRIES:     Joanne Hudson, Manager Human Resources         

 

Summary:

 

One of the recommendations from the Promoting Better Practice Review was as follows:

 

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

 

By way of addressing this recommendation, a Draft Policy has been prepared and an Attendance Register developed. It is also proposed that the annual budget allocation for each individual councillor’s expenses be increased from $1500 to $2500, and the Mayor’s from $1500 to $3500, to ensure adequate provision for training and professional development.

 

In developing a training and development plan, it has been determined that the highest priorities for needs-based training are Financial Skills and Planning Legislation with workshops to be delivered in-house later this year by the Local Government and Shires Associations.

 

 

 

Recommendation:

 

1        That the Councillor Training and Development Policy be adopted.

 

2        That the format of the Councillor Training and Development Attendance Register be endorsed.

 

3        That Council consider an increase in Councillors training expenses from $1,500 to $2,500, and the Mayor’s from $1500 to $3500, in the draft budget for 2009/2010.

 

4        That all Councillors are encouraged to attend the Financial Skills and Planning Legislation workshops.

 

 

OPTIONS:

 

Council can make modifications to the Draft Policy and the format of the Attendance Register. Council can vary the budget allocation.

 

DISCUSSION:

 

The Department of Local Government has prepared a Councillor Development Strategy and, as part of that Strategy, all councils are being strongly urged to develop and implement both a councillor induction program and on-going professional development program for councillors and to ensure that the management plan (budget) makes adequate provision for this.

 

The benefits of a professional development program include:

 

·      Opportunity to provide needs-based training and professional development to councillors to assist them to function well in their role and make informed and effective decisions

·      Opportunity for councillors to learn new skills, knowledge and gain experience

·      Opportunity to provide structured updates on changes to key legislation and policies as well as briefings to councillors on key issues.

 


Accordingly, one of the recommendations from the Promoting Better Practice Review was as follows:

 

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

 

By way of addressing this recommendation, a Draft Policy has been prepared and an Attendance Register developed. Both documents are attached.

 

It is also proposed that the annual budget allocation for each individual councillor’s expenses be increased from $1500 to $2500, and the Mayor’s from $1500 to $3500, to ensure adequate provision for training and professional development. Having individual allocations also assists to make processes more efficient and transparent in terms of costing, data collection and reporting. In accordance with Council’s resolution of 3 June 1999, the allocation is permitted to accumulate for two years.

 

In developing a training and development plan, a training and development needs survey was recently distributed to Councillors and, after consultation with the Mayor, it was determined that the highest priorities for needs-based training are:

 

·      Financial Skills, and

·      Planning Legislation.

 

It is proposed that these workshops be delivered in-house by the Local Government and Shires Association who have quoted a fee per workshop of $3960 inclusive of GST plus travel costs for up to 20 participants. To make the training cost effective, other councils within the strategic alliance have been invited to participate so that the cost per head would be $230-$250 compared to the normal fee of $495.

 

 

CONSULTATION:

 

Mayor and Councillors

General Manager

Manager Financial Services

Other Mid North Coast councils

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

Not applicable.

 

Economic

 

Not applicable.

 

Risk

 

Given the dynamic nature of the legislative and policy framework within local government operations, the many competing priorities and high community expectations, it is vital that councillors continue to develop relevant skills and knowledge otherwise there is a risk they may not be able to effectively perform their role.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

An additional allocation from $1500 to $2500 for each councillor, and $1500 to $3500 for the Mayor, has been made in the 2009/10 draft budget for training and professional development.

 

Source of fund and any variance to working funds

 

 

Attachments:

1View

4468/2009 - Draft Policy - Councillor Training and Development

 

2View

4965/2009 - Councillor Training and Development - Attendance Register

 

 

 


Ordinary Council Meeting - 19 March 2009

Councillor Training and Development Policy

Attachment 1

4468/2009 - Draft Policy - Councillor Training and Development

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT

COUNCILLOR TRAINING AND DEVELOPMENT POLICY

 

 

 

 

Function:  Corporate Governance

 

 

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          Policy objective

 

The aim of this Policy is to ensure that councillors have every opportunity to clearly understand their role and responsibilities and to develop the skills and knowledge to perform their job well and in the best interests of the community they represent.

 

2          Related legislation

 

Currently there are no specific legislative requirements regarding councillor training and development. However, the Department of Local Government strongly recommends councils develop induction and ongoing professional development programs to support councillors in their role.

 

3          Policy statement

 

A well-planned, structured and continuing training and professional development program enables councillors to attain, and to continue to develop, the necessary skills and knowledge to carry out their role effectively. This is important given the varying responsibilities of the role, the dynamic nature of the legislative and policy framework within with local government operates, the many competing priorities and high community expectations.

 

Councillor training and development is seen as an investment to enhance the effectiveness of Council’s performance in achieving its goals.

 

Training offered to councillors will be classified as:

 

·      Essential

·      Desirable

·     Developmental

 


3.1        Essential

 

Training classified as essential:

 

·      is vital to the role of councillor

·      should be attended by all councillors

·      includes training specific to the legislative and governance roles and functions of councillors such as:

 

-     Roles and Responsibilities

-     Relationship between Councillors, General Manager and Staff

-     Meeting Procedures, and

-     Conflict of Interest and Code of Conduct policies adopted by Council

-     Financial Skills

-     Planning Legislation

 

3.2        Desirable

 

Training classified desirable:

 

·      is considered important for a councillor to attend

·      is in the best interest of the councillor to attend

·      includes training which relates to the maintenance of good governance and may include:

 

-     Strategic Management

-     Community Leadership

-     Media Skills

-     Handling Difficult People for Councillors, and

-     Performance Management of Senior Staff

 

3.3        Developmental

 

Developmental training is aimed at further developing the skills or professional expertise of a councillor.

 

Such training may include but not be limited to:

 

-     Attendance at LGSA workshops

-     Conferences

-     Seminars and informal sessions conducted by Council with appropriate guest speakers and trainers

-     Purchase of training booklets and discussion papers that could be distributed to councillors for information

-     On-line training delivery

-     Mentoring

 

3.4        Annual Budget Allocation

 

Individual budget allocations will be provided to support the training and development activities undertaken by the Mayor and Councillors and progress against expenditure of the budget allocation will be reported on an annual basis.

 

This allocation is permitted to accumulate for a period of two years.

 

Councillors may exceed their budget allocation by resolution of Council.

 

3.5        Notification to Councillors

 

Councillors will be advised of any upcoming training or development activities which are relevant. Councillors may also notify the Mayor or General Manager of any training they may wish to attend.

 


3.6        Approval for Training

 

Councillors' attendance at a training or development activity shall be authorised by resolution of Council.

 

Councillors must give maximum notice of attendance to enable "early bird" discount to be achieved.

 

3.7     Payment of Expenses

 

Payment of expenses relating to a councillor’s attendance at training will be determined in accordance with Council’s “Payment of Fees, Expenses and Provision of Facilities to Councillors Policy”.

 

3.8        Reporting

 

Information regarding training undertaken by councillors will be recorded in an Attendance Register and reported in Council’s Annual Report.

 

This information will include:

 

·      Training and development activities formally made available to councillors and the classification (ie essential, desirable, developmental)

·      Training and development activities undertaken by individual councillors

·      Expenditure allocated and used for training

 

 

 

 

 

 

 

 

---oo0oo---

 


Ordinary Council Meeting - 19 March 2009

Councillor Training and Development Policy

Attachment 2

4965/2009 - Councillor Training and Development - Attendance Register

 

 

 

 

 

 

 

NAMBUCCA Shire Council

 

COUNCILLOR TRAINING AND DEVELOPMENT

 

attendance register

 

 

 

 

 

 

 

 

 

 

COUNCIL'S VISION:

 

Nambucca Valley – Living at its Best

 

COUNCIL'S MISSION:

 

The Nambucca Valley will value and protect

its natural environment, maintain its assets

and infrastructure and develop opportunity

for its people.

 



COUNCILLOR TRAINING AND DEVELOPMENT ATTENDANCE REGISTER

SEPTEMBER 2008 - 30 JUNE 2009

 

COUNCILLOR

TRAINING

DATES

 

COST ($)

 

ALLOCATION

 

HOBAN, R

 

Code of Conduct

Councillor Information Seminar

 

 

10/11/2008

21/11/2008

 

313.60

0.00

 

162.018

 

AINSWORTH, J

 

 

 

 

162.001

 

BALLANGARRY, M

 

Code of Conduct

Councillor Information Seminar

Aboriginal Local Government Network Conference

 

 

10/11/2008

21/11/2008

25-27/11/2008

 

313.60

0.00

1070.00

 

162.020

 

COURT, J

 

Coastal Conference

Code of Conduct

Councillor Information Seminar

 

 

4-7/11/2008

10/11/2008

21/11/2008

 

860.00

313.60

0.00

 

162.002

 

FINLAYSON, B

 

 

 

 

162.006

 

FLACK, P

 

Coastal Conference

Code of Conduct

Nature Conservation Council Conference

Councillor Information Seminar

Councillor Weekend (Coffs Harbour)

 

 

4-7/11/2008

10/11/2008

12-13/11/2008

21/11/2008

27-28/03/2009

 

 

860.00

313.60

280.00

0.00

880.00

 

 

162.019

 

MORAN, M

 

Code of Conduct

Councillor Information Seminar

 

 

10/11/2008

21/11/2008

 

313.60

0.00

 

162.017

 

SMYTH, A

 

Code of Conduct

Nature Conservation Council Conference

Councillor Information Seminar

Councillor Weekend (Coffs Harbour)

 

 

10/11/2008

12-13/11/2008

21/11/2008

27-28/03/2009

 

313.60

416.69

0.00

880.00

 

 

162.005

 

SOUTH, E

 

Code of Conduct

Councillor Information Seminar

 

 

10/11/2008

21/11/2008

 

313.60

0.00

 

162.004

 

 

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.2      SF1269            190309         Report on what staff numbers this Shire will "lose" and who they are in regard to the transferred sewerage and water utilities

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

An investigation of salary and overhead distribution indicates that about 25.5 positions in Council’s workforce of 120 equivalent full time staff are financed by water and sewerage.

 

 

Recommendation:

 

That the information concerning, “what staff numbers this Shire will lose and who they are in regard to the transferred sewerage and water utilities”, be received.

 

 

OPTIONS:

 

The report is for information.  There are no options.

 

DISCUSSION:

 

In response to a notice of motion at Council’s meeting on 5 February 2009 it was resolved that, ”Council receive a report on what staff numbers this Shire will lose and who they are in regard to the transferred sewerage and water utilities”.

 

The notice of motion presupposes that the water reforms which are currently under consideration by the State Government will result in Council losing all responsibility for water and sewerage services.  If this is the case it is unknown what level of staffing would remain in the Nambucca Valley.

 

In terms of costing, Council staff can be either be fully costed to the Water and Sewerage Funds, partially costed to the Water and Sewerage Funds, or fully or partially costed to General Fund activities which themselves have an overhead distribution to Water and Sewerage.

 

Staff Fully Costed to Water and Sewerage Funds

 

2 x Water Attendants

1 x Water Operator

2 x Sewer Attendants

4 x Sewerage Treatment Plant Operators

1 x Site Leader – Sewerage

1 x Site Leader – Water

1 x Electrician

1 x Plant Mechanic

1 x Water & Sewerage Supervisor

1 x Apprentice Fitter Machinist

 

TOTAL = 15

 

Staff Partially Costed to Water and Sewerage Funds, either Directly and/or Via Overhead Distribution

 

0.10 x Manager Human Resources

0.27 x Payroll Officer

0.14 x Safety and Risk Officer

0.15 x Manager Financial Services

0.15 x Accountant

0.67 x Finance Officer – Revenue

0.48 x Rates Officer

0.46 x Customer Service Officer (Cashier)

0.19 x Customer Service Officer (Switchboard)

0.26 x Finance Officer

0.19 x Finance Officer

0.20 x Creditors Clerk

0.22 x Manager Information Technology

0.22 x Information Technology Officer

0.40 x Senior GIS Officer

0.40 x GIS Officer

0.13 x Records Officer

0.13 x Records Assistant

0.34 x Executive Assistant (LH)

0.29 x Executive Assistant (MS)

0.16 x Property Officer

0.05 x Grants Officer

0.26 x General Manager

0.29 x Director Engineering Services

0.03 x Manager Civil Works

0.94 x Manager Water and Sewerage

0.98 x Water and Sewerage Engineer

0.85 x Technical Officer – Water & Sewer

0.34 x Manager Technical Services

0.01 x Design Engineer

0.01 x Surveyor

0.26 x Executive Assistant (HL)

0.21 x Engineering Support Officer

0.10 x Senior Overseer

0.10 x Depot Supervisor

0.16 x Plant Supervisor

0.16 x Mechanic

0.16 x Apprentice Mechanic

0.10 x Health and Building Surveyor

 

TOTAL = 10.55

 

CONSULTATION:

 

There has been consultation with the Manager Finance and Manager Human Resources.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications arising out of a report for information.

 

Economic

 

There are no economic implications arising out of a report for information.

 

Risk

 

There is no risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report indicates one component of operating costs (wages and salaries) which would likely be affected by the loss of responsibility for water and sewerage services.  There are of course other operating costs in relation to insurances, building maintenance, electricity, investments, Councillors fees and allowances etc which would be similarly affected.

 

Source of fund and any variance to working funds

 

As the report is for information there is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.3      SF261              190309         Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has received the attached letter from Mr Bob Higgins, General Manager, Pacific Highway in response to the Mayor’s letter dated 6 January 2009 which is also attached.  The letter from Council dated 11 July 2008 which the RTA acknowledges receiving is also attached.

 

 

 

Recommendation:

 

That the response from the Roads and Traffic Authority to the Mayor’s letter of 6 January 2009 be noted.

 

 

OPTIONS:

 

It is recommended that the response be noted.  Council can take other action if it wishes.

 

DISCUSSION:

 

Council has previously resolved that all communication between Council and the Roads and Traffic Authority (RTA) in relation to the Pacific Highway Upgrade between Warrell Creek and Urunga be reported to Council.

 

Council has received the attached letter from Mr Bob Higgins, General Manager, Pacific Highway in response to the Mayor’s letter dated 6 January 2009 which is also attached.  The letter from Council dated 11 July 2008 which the RTA acknowledges receiving is also attached.

 

The letters arose from resolutions and correspondence in 2008 requesting that the RTA participate in two meetings with Council and affected landholders.

 

 

CONSULTATION:

 

There has been consultation with the RTA in relation to the tabling of their letter.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.  The correspondence is for noting.

 

Social

 

The exchange of correspondence arose as a consequence of grievances expressed by a number of residents that the RTA is avoiding public consultation.

 

Economic

 

There are no economic implications.

 

Risk

 

There is no risk.

 

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 impact on working funds.

 

Attachments:

1View

2108/2009 - RTA response

 

2View

130/2009 - Mayor's Request

 

3View

17413/2009 -Follow up letter from GM

 

 

 


Ordinary Council Meeting - 19 March 2009

Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

Attachment 1

2108/2009 - RTA response

 



 


Ordinary Council Meeting - 19 March 2009

Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

Attachment 2

130/2009 - Mayor's Request

 

OFFICE OF THE MAYOR

 

Enquiries to:     Cr Rhonda Hoban

Phone No:       6568 0214

Mobile:            0418 973 427

Email:             mayor@nambucca.nsw.gov.au

Our Ref:          SF261

 

 

 

6 January 2009

 

 

 

Mr Robert Higgins

General Manager, Pacific Highway

Roads and Traffic Authority

PO Box 546

GRAFTON   NSW   2460

 

 

Dear Mr Higgins

 

PACIFIC HIGHWAY UPGRADE, WARRELL CREEK TO URUNGA,

MEETING REQUEST

 

I have received a number of enquiries from local residents affected by the Pacific Highway upgrade.

 

They relate to the convening of two meetings with Council staff, RTA staff and affected landholders, as requested by the former Mayor, George Hicks and the General Manager, Nambucca Shire Council dated the 2 July 2008, the 7 July 2008 and the 11 July 2008.

 

Would you please either confirm that these meetings have been refused and explain the reasons, or advise when they might be held?

 

Your assistance is appreciated.

 

Yours faithfully

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 

 

 


Ordinary Council Meeting - 19 March 2009

Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

Attachment 3

17413/2009 -Follow up letter from GM

 

Enquiries to:     Michael Coulter

Phone No:       6568 0200

Email:             michael.coulter@nambucca.nsw.gov.au

Mobile:            0409 153 788

Our Ref:          SF261

 

 

 

11 July 2008

 

 

 

Mr Bob Higgins

Roads and Traffic Authority

Pacific Highway Office

PO Box 546

GRAFTON   NSW   2460

 

 

Dear Mr Higgins

 

PACIFIC HIGHWAY UPGRADE

 

Reference is made to a letter sent to you on 29 April 2008 from our Mayor, Cr George Hicks requesting that Roads and Transport Authority (RTA) staff be available to attend two separate public meetings in the Council Chambers, Macksville.  To date, Council has not received a response to this request.

 

The meetings are to address firstly, the Warrell Creek to Macksville section and secondly, the Macksville to Urunga section..

 

Residents of these two areas are seeking these meetings and it would be appreciated if you are able to provide me with information regarding the attendance of RTA staff at these meetings.

 

As mentioned in the Mayor’s letter, he will chair the meetings and ensure Council’s Code of Conduct is adhered to.

 

I look forward to your response at your earliest convenience.

 

Yours faithfully

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

 

 

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.4      SF959              190309         Outstanding Actions and Reports March 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.

2 side gates completed.

Completed

 

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.

 

A separate report to come in regard to the six pockets of land

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.

See item in GPC agenda

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.  Funding declined.

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.

DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council.

Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March.

 


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 held 26 February 09.

 

Outcomes of meeting to come to Council in a report.

8

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

 

Outcome of grant expected early December but not yet received.

 

Funding declined.  Work on preparing plan to be scheduled.

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.

Report by GM

SEPTEMBER 2008

10

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.

Completed

OCTOBER 2008

11

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.

 

GHD comment:

Riverside Drive Bank Stability:

Drilling carried out November 08 at Doyles Lane, Jason cottage and Ellis Ave.  Survey of crest and toe completed.  Vegetation cut back to allow survey of bank contours etc.  after survey completed then the geotech model is developed.

 

Riverside Drive Road Stability(West)

Hazard mapping completed mid December 08.  draft report prepared in January 09 for internal review.  Release date 6 March 09.

 

Catchment Assessment

Development of methodology.

 

Release date 6 March 2009 not provided.

 

NOVEMBER 2008

12

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.

 

13

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.

 

Deferred to April 2009.

 

14

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

15

SF844

20/11/08

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

 

GM

Invitation issued 26/11/08

16

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.

 

17

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

18

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.

 

Deferred to April GPC

 

DECEMBER 2008

19

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.

 

Invitations issued to NSW AGs - declined due to travel bans

 

20

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.  List of Committee members obtained on 25 February.  Meeting to be scheduled.

 

21

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.

22

 

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.

23

 

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

24

 

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.

25

 

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.

Deadline of 6 March given.

 

Erskine-Smith has verbally advised not to purchase.  Letter sent to RTA advising that purchase price is too high and this matter will be left as a “land matter” to be resolved with other parcels arising from the Pacific Highway upgrade.

 

26

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.  CoM requested a period of 2.5 months to check report on building condition before a Council meeting.  This has been agreed.  Building report expected this month.

 

27

SF871

18/12/08

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

 

GM

To be listed for April GPC

28

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.

29

SF639

18/12/08

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

 

GM

Report May 2009

30

SF639

18/12/08

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

 

GM

Report July 2009.

 

31

SF1046

18/12/08

That the Wellington Drive 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

 

Deferred to April 2009

22

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.

33

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.

 

Deferred to April 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 09

 

The proposal is currently on exhibition closing 30 March 09.

JANUARY 2009

35

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

36

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.

 

37

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

38

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 currently being advertised – closing 16 April 2009

39

SF939

15/01/09

Council develop a marketing slogan for the Shire.

 

GM

Report in May 2009.

40

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.

 

Item in business paper

41

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.

Late March.

42

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.

 

43

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 to the Manly Hydraulics Laboratory.

44

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

FEBRUARY 2009

45

SF706

5/02/09

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

 

GM

Referred to Grants Officer for preparation of grant.

 

 

46

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

47

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

DES

Letter sent seeking charge to Council determining when street lights in new subdivisions are energised.

 

48

SF1031

19/02/09

That a report come back to Council on its capacity to keep electronic information long term and in a fail safe condition.

GM

MIT to prepare report

MARCH 2009

49

SF1297

5/03/09

That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.

DEP

Letters to be prepared and sent

50

SF1269

5/03/09

That the DEP report to Council on the 5.0m height limit areas, other than Matthew Street, and whether or not there are sufficient reasons for further requests for variation.

DEP

Urgent report being prepared for GPC 18 March 2009

51

DA09/049

5/03/09

The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

DES

Letter sent

52

SF135

5/03/09

That Council receive a breakdown and explanation of the $9,000 (for the SoE Report) so that it may be  considered in the 09/10 budget.

DEP

Report to be prepared and submitted with Budget

53

DA09/061

5/03/09

That Council review the Carparking Section 94 plan for Nambucca Heads

GM

Target report to Council in July 2009

 

54

SF982

5/03/09

Report on income and expenditure re Ranger when draft budget for 09/10 is considered.

DEP

Report to be prepared and submitted with Budget

 

55

SF1269

5/03/09

That Council investigate the purchase of privately owned industrial land adjoining the Macksville industrial estate

GM

Cost of feasibility study being investigated.  Report by April 2009.

 

 

Attachments:

 

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.5      SF791              190309         Nambucca Shire Land Development Committee Meeting Minutes - 05 March  2009

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

The minutes of the Nambucca Shire Land Development Committee Meeting held on 05 March 2009 are attached for Council information and adoption.

 

 

RECOMMENDATION:

 

That Council adopt the following minutes of the Nambucca Shire Land Development Committee Meeting held on 05 March 2009:

 

ITEM 1 – jellico street site remediation and sale schedule

 

1a      RECOMMENDATION:   On the motion of Cr Moran seconded Cr Flack that the recommendations be dealt with separately.

 

1b      RECOMMENDATION:   On the motion of Cr Moran seconded Cr Ainsworth that Council sell the consolidation of Lots 2/D and 3/D in DP 8264.

 

1c      RECOMMENDATION:   On the motion of Cr Moran seconded Cr Finlayson that the property be listed for sale at $225,000 with the Mayor and GM being authorised to accept an offer above the agreed reserve price.

 

1d      RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finlayson that Council go into Closed session to discuss the reserve price for the land on the grounds that the information would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposed to conduct) business.

 

1e      RECOMMENDATION:   On the motion of Cr Flack seconded Cr Finlayson that Council go back into open meeting.

 

1f       RECOMMENDATION:   On the motion of Cr Moran seconded Cr Smyth that there be a non-exclusive agency agreement with local real estate agents for the sale of the land with Council to also advertise the property for sale by way of a sign on the land and advertisement on Council’s web page.

 

1g      RECOMMENDATION:   On the motion of Cr Flack seconded Cr Ainsworth that Council authorise the Mayor and General Manager to fix Council’s seal to any contracts or documentation.

 

 

ITEM 2 – PROPOSED SALE OF OLD GUMMA ROAD SANITARY DEPOT

 

2        RECOMMENDATION:   That the matter be deferred to allow for a proper investigation of the prior use of the sanitary depot.

 

 

ITEM 3 - PROPOSED SUBDIVISION OF E j BIFFIN PLAYING FIELDS AND THE PROPOSED SALE OF AN ALLOTMENT TO NAMBUCCA VALLEY BRIDGE CLUB

 

3a      It was moved on the motion of Cr Moran seconded Cr Ainsworth that:

 

          Council sell to the Nambucca Valley Bridge Club proposed lot 21 being a subdivision of Lot 2 in DP 1004209 for a purchase price of not less than $23,600 on terms mutually agreeable to Nambucca Shire Council and the Nambucca Valley Bridge Club.

 

          That Council ratify the proposed terms to be included in the restrictions on use of land, being proposed lot 21 being a subdivision of lot 2 in DP 1004209, and the proposed terms of contract for sale of land and instruct Council’s solicitor Mr Terry Perkins to draft the proposed contract accordingly, subject to any other terms and conditions deemed necessary by Mr Perkins to give effect to the sale.

 

          That Council authorise the General Manager and/or the Mayor to conclude negotiations with the Nambucca Valley Bridge Club for the sale of the newly created allotment at the E J Biffin Playing Fields.

 

          That Council authorise the General Manager and the Mayor to execute all necessary documents and affix the Council seal, including a contract for sale and transfer, to give effect to the sale of the proposed lot to the Nambucca Valley Bridge Club.

 

          The motion was LOST.  There is no recommendation.

 

 

Item 4 –  NAMBUCCA HEADS INDUSTRIAL DEVELOPMENT AT LOT 1 IN dp 884337

 

4a      RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr South that the items be dealt with separately.

 

4b      RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr Ainsworth that the land remain unsubdivided and that Council invite expressions of interest for the purchase and development of the land.

 

4c      RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Moran that Council effect tree clearing of Lot 1 in DP 884337 in readiness for subdivision or sale and in accordance with the conditions detailed in the 7 part Threatened Species report.

 

4d      RECOMMENDATION:   On the motion of Cr Hoban seconded Cr Ainsworth that a report come back to the Land Development Committee on the outcome of the advertising for expressions of interest for the purchase and development of the land.

 

 

Item 5 –  hyland park residential subdivision of lot 22 dp 1036142

 

5a      RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council contract for tree felling and removal to prepare the land, being Lot 1 DP 1036142 for sale and/or further development works.

 

          Cr Flack requested that her name be recorded as being against this recommendation as it involves the clearing of an endangered ecological community.

 

5b      RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council, upon the land being cleared, invite tenders for the sale of Lot 1 DP 1036142 subject to the terms and conditions of the standard contract for sale of land in NSW and such other conditions deemed necessary by Council’s Solicitor to give effect to the sale.

 

5c      RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council obtain a market valuation of Lot 1 DP 1036142 as an englobo lot, to establish a reserve sale price.

 

 

5d      RECOMMENDATION:   On the motion of Cr Moran seconded Cr Ballangarry that following clearing of the land, a sign be prepared and placed on the land seeking expressions of interest for its purchase.

 

5e      RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr Ainsworth that Council obtain valuations from 2 registered valuers as to the value of the land.

 

 

OPTIONS:

No other options are required.

 

 

DISCUSSION:

 

The Nambucca Shire Land Development Committee, comprising all Councillors, met on the 5 March 2009.

 

The members of the Committee discussed a number of matters as per the attached minutes.

 

 

CONSULTATION:

Nambucca Shire Councillors

General Manager

Manager Business Development

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

Environment

 

No environmental issues arise as a consequence of this report.

 

Social

 

No social issues arise as a consequence of this report.

 

Economic

 

No economic issues arise as a consequence of this report.

 

Risk

 

No risk issues arise as a consequence of this report.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

No budgetary implications arise as a consequence of this report.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

5764/2009 - Minutes - 5 March 2009 - Land Development Committee Meeting

 

 

 


Ordinary Council Meeting - 19 March 2009

Nambucca Shire Land Development Committee Meeting Minutes - 05 March  2009

Attachment 1

5764/2009 - Minutes - 5 March 2009 - Land Development Committee Meeting

 

Present:

Cr Rhonda Hoban (Mayor)                                 Cr John Ainsworth

Cr Martin Ballangarry OAM                                 Cr Janet Court

Cr Brian Finlayson                                              Cr Paula Flack

Cr Michael Moran OAM                                      Cr Anne Smith

Cr Elaine South                                                  Michael Coulter (General Manager)

Steven Williams (Property Officer)

 

APOLOGIES:

 

Nil

 

 

 


Minutes of Previous Meeting — 4 December 2008:

 

RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr Flack that the Minutes of the Nambucca Shire Council Land Development Committee Meeting held on 4 December 2008 be received.

 

 

 

 


SF791  - ITEM 1 – jellico street site remediation and sale schedule

 

RECOMMENDATION:   On the motion of Cr Moran seconded Cr Flack that the recommendations be dealt with separately.

 

RECOMMENDATION:   On the motion of Cr Moran seconded Cr Ainsworth that Council sell the consolidation of Lots 2/D and 3/D in DP 8264.

 

RECOMMENDATION:   On the motion of Cr Moran seconded Cr Finlayson that the property be listed for sale at $225,000 with the Mayor and GM being authorised to accept an offer above the agreed reserve price.

 

RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finlayson that Council go into Closed session to discuss the reserve price for the land on the grounds that the information would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposed to conduct) business.

 

RECOMMENDATION:   On the motion of Cr Flack seconded Cr Finlayson that Council go back into open meeting.

 

RECOMMENDATION:   On the motion of Cr Moran seconded Cr Smyth that there be a non-exclusive agency agreement with local real estate agents for the sale of the land with Council to also advertise the property for sale by way of a sign on the land and advertisement on Council’s web page.

 

RECOMMENDATION:   On the motion of Cr Flack seconded Cr Ainsworth that Council authorise the Mayor and General Manager to fix Council’s seal to any contracts or documentation.

 

 

 


SF791  - ITEM 2 – PROPOSED SALE OF OLD GUMMA ROAD SANITARY DEPOT

 

RECOMMENDATION:   On the motion of Cr Smyth seconded Cr Flack that the items be dealt with separately.

 

On the motion of Cr Court seconded Cr Ainsworth that Council engage GHD to complete a contamination report, a bushfire hazard identification and an on-site effluent management report for the part of the land identified as the designated building envelope situated on Lot 1 DP 510707.

 

An amendment was moved Cr Flack seconded Cr Ballangarry that the matter be deferred to allow for a proper investigation of the prior use of the sanitary depot.

 

The amendment was adopted and became the recommendation which is:

 

RECOMMENDATION:   That the matter be deferred to allow for a proper investigation of the prior use of the sanitary depot.

 

 

 


SF791  - ITEM 3 –  PROPOSED SUBDIVISION OF E j BIFFIN PLAYING FIELDS AND THE PROPOSED SALE OF AN ALLOTMENT TO NAMBUCCA VALLEY BRIDGE CLUB

 

It was moved on the motion of Cr Moran seconded Cr Ainsworth that:

 

Council sell to the Nambucca Valley Bridge Club proposed lot 21 being a subdivision of Lot 2 in DP 1004209 for a purchase price of not less than $23,600 on terms mutually agreeable to Nambucca Shire Council and the Nambucca Valley Bridge Club.

 

That Council ratify the proposed terms to be included in the restrictions on use of land, being proposed lot 21 being a subdivision of lot 2 in DP 1004209, and the proposed terms of contract for sale of land and instruct Council’s solicitor Mr Terry Perkins to draft the proposed contract accordingly, subject to any other terms and conditions deemed necessary by Mr Perkins to give effect to the sale.

 

That Council authorise the General Manager and/or the Mayor to conclude negotiations with the Nambucca Valley Bridge Club for the sale of the newly created allotment at the E J Biffin Playing Fields.

 

That Council authorise the General Manager and the Mayor to execute all necessary documents and affix the Council seal, including a contract for sale and transfer, to give effect to the sale of the proposed lot to the Nambucca Valley Bridge Club.

 

The motion was LOST.  There is no recommendation.

 

 

 


SF791  - Item 4 –  NAMBUCCA HEADS INDUSTRIAL DEVELOPMENT AT LOT 1 IN dp 884337

 

RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr South that the items be dealt with separately.

 

RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr Ainsworth that the land remain unsubdivided and that Council invite expressions of interest for the purchase and development of the land.

 

RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Moran that Council effect tree clearing of Lot 1 in DP 884337 in readiness for subdivision or sale and in accordance with the conditions detailed in the 7 part Threatened Species report.

 

RECOMMENDATION:   On the motion of Cr Hoban seconded Cr Ainsworth that a report come back to the Land Development Committee on the outcome of the advertising for expressions of interest for the purchase and development of the land.

 

 

 


SF791  - Item 5 –  hyland park residential subdivision of lot 22 dp 1036142

 

RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council contract for tree felling and removal to prepare the land, being Lot 1 DP 1036142 for sale and/or further development works.

 

Cr Flack requested that her name be recorded as being against this recommendation as it involves the clearing of an endangered ecological community.

 

RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council, upon the land being cleared, invite tenders for the sale of Lot 1 DP 1036142 subject to the terms and conditions of the standard contract for sale of land in NSW and such other conditions deemed necessary by Council’s Solicitor to give effect to the sale.

 

RECOMMENDATION:   On the motion of Cr Ainsworth seconded Cr Finalyson that Council obtain a market valuation of Lot 1 DP 1036142 as an englobo lot, to establish a reserve sale price.

 

RECOMMENDATION:   On the motion of Cr Moran seconded Cr Ballangarry that following clearing of the land, a sign be prepared and placed on the land seeking expressions of interest for its purchase.

 

RECOMMENDATION:   On the motion of Cr Finlayson seconded Cr Ainsworth that Council obtain valuations from 2 registered valuers as to the value of the land.

 

 

 

 


CLOSURE

 

There being no further business the Mayor declared the meeting closed at 4.55 pm.

 

Confirmed and signed by the Chairperson.

 

 

 

 

 

CR RHONDA HOBAN

CHAIRPERSON

 

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.6      SF1090            190309         Progress on Implementing Recommendations from the Promoting Better Practice  Review Report

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has been making good progress in implementing the recommendations from the Promoting Better Practice Review Report.  As the attachment indicates, as at 19 March 2009, of the 51 recommendations, 24 had been completed with 27 remaining incomplete.  Of the 27 recommendations where action is incomplete, Council has slipped behind its nominated timetable in relation to 7 of those recommendations.  The reason for the “slippage” in relation to these 7 recommendations is the subject of comment in the report.

 

 

Recommendation:

 

That the Department of Local Government be advised of Council’s progress in implementing the recommendations from the Promoting Better Practice Review Report in accordance with this report and attachment.

 

 

OPTIONS:

 

There are no real options.  The Department of Local Government requires that a progress report be submitted by 2 April 2009.

 

DISCUSSION:

 

The Department of Local Government require that Council submit a progress report on the implementation of the recommendations of the Promoting Better Practice Review Report by 2 April 2009.  A table indicating Council’s progress in the implementation of the recommendations is attached.

 

In general terms, given the work required and the available staff resources there has been good progress in implementing the report’s recommendations.

 

The following comments are made in relation to the actions which have fallen behind the previously nominated time frames.

 

13.  Council should establish a system for internal reporting of legislative or regulatory non-compliance and fines/penalties/prosecutions against Council.  Nominated completion date 31/12/08.

 

There has been discussion amongst management staff as to how such a reporting system can be implemented.  Whilst the reporting of fines/penalties/prosecutions is easily achieved, a reporting system for possible legislative or regulatory non-compliance is more difficult.  The nature of some legislation makes the potential for reports of non-compliance almost open ended.  Enquiries will need to be made with other Councils as to any systems they have developed.

 

22.  Delegations should be reviewed at least every two years or whenever a change in the responsibility of a council officer or committee member requires such a change.  Nominated completion date 31/12/09.

 

This is reasonably well advanced with Council considering delegations for the General Manager and 47 Section 355 Committees of Management.

 

23.  Council should develop an audit program to examine the exercise of delegations on a regular basis.  Nominated completion date 31/12/09.

 

The completion of the review of the delegations of authority has been the higher priority.

 

31. Council should finalise risk-based strategies for reporting non-compliance with environmental standards and unauthorised development.  Nominated completion date 28/2/09.

 

A search has been undertaken for similar strategies in other Councils without success.  It seems that it will be necessary to dedicate considerable time to developing original work.

 

37.  Council should accelerate action to purchase asset management system software and provide increased staff resources and training in the software system to facilitate the data collection completion and implementation of this system.  Nominated completion date 31/12/08

 

The proposed position of Asset Manager is crucial if Council is to achieve a more strategic approach to asset management and long term financial planning.  There is no point purchasing expensive software if there is not the staff to develop it and provide management reporting.  The software is arguably the least important aspect of asset management with the more important components being its staffing and organisation wide acceptance of long term financial planning.

 

The position of Asset Manager will be considered in the draft budget for 2009/2010.

 

42.  Council should prepare a guarantee of service to assist it in meeting its obligations to the community and establish a clear set of service standards and benchmarks against which its performance can be measured.  Nominated completion date 28/02/09.

 

A customer request management system which can generate management reports has now been installed and is being used.  It contains a basic 3 day service standard for investigation of requests.  There is considerable work required to further develop service standards for about 60 request types which can reasonably be met by existing staff resources.

 

43.  The review of the Nambucca Economic Development Plan would be further strengthened by indicating the period for which it is developed and to better define future outcomes, as well as specific measurable outcomes for achievement of its defined strategies.  Nominated completion date 31/01/09.

 

Not significant work.  Should be able to be completed by Manager Business Development within the next month.

 

CONSULTATION:

 

There has been consultation with various staff who are responsible for implementing the Promoting Better Practice Report recommendations.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

Council needs to meet its reporting targets for implementation of the Promoting Better Practice Report recommendations or potentially face criticism and follow up action from the Department of Local Government.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The implementation of the recommendations has already been costed in current and proposed budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

6136/2009 - PBP Review status - 19 March 2009

 

 

 


Ordinary Council Meeting - 19 March 2009

Progress on Implementing Recommendations from the Promoting Better Practice  Review Report

Attachment 1

6136/2009 - PBP Review status - 19 March 2009

 

NAMBUCCA SHIRE COUNCIL

 

PROMOTING BETTER PRACTIC REVIEW ACTION PLAN AS AT 19 MARCH 2009

 

51 Actions/ 24 Completed/ 27 Incomplete

 

RECOMMENDATION

ACTION PROPOSED

TIME

FRAME

RESPONSIBLE DIVISION

(+ Position)

PROGRESS REPORT

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

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

Completed

Corporate Services

Completed

1.      

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

31/12/08

Corporate Services - General Manager & Manager Financial Services

Completed.  Not buying new software.   Lack staff to implement for $70,000 cost.

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

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

31/01/09

All Divisions but Corporate Services to follow up - General Manager

Completed

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

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

Completed

Corporate Services

Completed

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

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

Completed

Corporate Services

Completed

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

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

30/11/08

Corporate Services - Manager Human Resources

Completed

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

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

28/02/09

Corporate Services – General Manager

Completed

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

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

1/4/09

Engineering Services - Manager Civil Works

Completed

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

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

30/6/09

Corporate Services - General Manager & Manager Financial Services

Incomplete

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

Use of integrated management and reporting software has been investigated but rejected on cost grounds.   Work on manual updates and refining KPI’s has not commenced.

30/6/09

Corporate Services - General Manager and Manager Human Resources

Incomplete

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

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

30/6/09

Corporate Services - Manager Human Resources

Contractor engaged.  Workshop scheduled for 7 & 8 April.

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

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

N/A

Corporate Services - General Manager

To be reported.

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

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

30/6/09

Corporate Services - General Manager

Contractor engaged.  Workshop scheduled for 7 & 8 April.

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

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

31/12/08

Corporate Services - General Manager

Incomplete

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

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

31/12/08

Corporate Services - General Manager

Completed

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

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

30/11/08

Corporate Services - General Manager & Manager Human Resources

Completed

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

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

30/09/08

Corporate Services - Manager Human Resources

Completed

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

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

30/11/08

Engineering Services - Manager Civil Works

Completed

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

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

30/11/08

Engineering Services - Manager Civil Works

Completed

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

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

30/06/09

Corporate Services - Manager Human Resources

Contractor engaged.  Workshop scheduled for 7 & 8 April.

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

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

2/10/08

Corporate Services - General Manager

Completed

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

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

31/12/08

Corporate Services - Records Officer and General Manager

Completed

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

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

31/12/08

Corporate Services - General Manager

Underway.  Council considering GM’s & 47 x S355 CoM on 19/3/09.

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

To be discussed with Council’s auditors.

31/12/08

Corporate Services - General Manager

Incomplete

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

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

28/02/09

Corporate Services - Manager Information Technology and General Manager

Completed

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

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

28/02/09

Corporate Services - Manager Human Resources

Completed

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

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

30/04/09

Corporate Services - Manager Information Technology

Incomplete

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

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

2/10/08

Corporate Services - General Manager

Completed

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

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

31/10/08

Environment & Planning - Director Environment & Planning

Completed

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

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

31/12/08

Corporate Services - Manager Financial Services

Completed

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

Preparation of a policy.

31/01/09

Environment & Planning - Director Environment & Planning

Completed (Report to March GPC)

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

Risk-based strategies to be developed.

28/02/09

Environment & Planning - Director Environment & Planning

Incomplete

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

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

31/03/09

Environment & Planning - Director Environment & Planning

Incomplete.  Investigating customers using Merit to report.

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

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

30/09/11

Environment & Planning - Manager Health & Building

Incomplete

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

Plan to be submitted before 30/06/09.

30/06/09

Environment & Planning - Manager Health & Building

Incomplete

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

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

31/12/09

Engineering Services - Director Engineering Services

Incomplete

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

Longer term goal.

30/06/10

Corporate Services - Manager Financial Services

Incomplete

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

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

31/12/08

Corporate Services - General Manager

Incomplete.  Draft budget  for 09/10 will include the position of Asset Manager.

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

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

31/12/09

Engineering Services - Director Engineering Services with assistance.

Incomplete

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

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

30/06/09

Corporate Services - Manager Financial Services

Incomplete

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

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

30/06/09

Corporate Services - Manager Business Development

Incomplete

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

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

31/12/09

Environment & Planning - Manager Community & Cultural Services

Incomplete

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

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

 

To be implemented as part of the Merit software.

28/2/09

Corporate Services - General Manager & Manager Information Technology

Incomplete.  Merit now implemented and service standards to be refined.

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

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

31/01/09

Corporate Services - Manager Business Development

Incomplete

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

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

30/04/09

Corporate Services - Manager Human Resources

Incomplete

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

To be undertaken as part of recommendation no. 44.

30/04/09

Corporate Services - Manager Human Resources

Incomplete

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

To be undertaken.

30/4/09

Corporate Services – Manager Human Resources

Incomplete

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

To be undertaken

30/6/09

Corporate Services – Manager Human Resources

Incomplete

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

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

31/10/09

Corporate Services – Manager Human Resources

Completed

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

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

31/01/09

Corporate Services – Manager Human Resources

Completed

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

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

30/06/09

Corporate Services – Manager Human Resources

Contractor engaged.  Survey in March/April.

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

This is a relatively minor matter.

31/12/08

Corporate Services – Manager Human Resources

Completed

 

 


Ordinary Council Meeting

19 March 2009

General Manager's Report

ITEM 9.7      SF42                190309         Conduct Review Committee

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council must appoint a Conduct Review Committee comprising at least 3 or more members.  There has been no response to local advertisements seeking expressions of interest from interested and suitably qualified persons of high standing in the community to participate on the Committee.  A direct approach has now been made to current and former senior managers from adjoining Councils and it is proposed that the Conduct Review Committee comprise Mr Ray Fairweather, Mr Allan Burgess and Mr Bernard Smith.

 

 

Recommendation:

 

That Council appoint the following persons to its Conduct Review Committee:

 

Mr Ray Fairweather

Mr Allan Burgess

Mr Bernard Smith

 

 

OPTIONS:

 

There is no option in relation to the appointment of a Conduct Review Committee.  Council has options as to the membership of the Committee.  The work of the Committee is specialist and the potential for conflicts of interest has made it difficult to locate or identify, “interested and suitably qualified persons of high standing in the community”. 

 

 

DISCUSSION:

 

The Department of Local Government completed a review of the Model Code of Conduct which came into effect by regulation on 20 June 2008.

 

One aspect of the new Model Code is that Council must appoint a Conduct Review Committee comprising at least 3 or more members.  The General Manager or Mayor will decide if the review of an alleged breach of the code of conduct will be undertaken by a sole reviewer or the conduct review committee.  The sole reviewer must be one of the 3 or more members appointed to the Conduct Review Committee.

 

Subsequently Council’s solicitor was asked whether he wished to a member of the Committee but he declined because of concerns about the potential conflict of interests.

 

There was then several local advertisements seeking expressions of interest for any person who may be interested in participating on the Conduct Review Committee.  There was no response to the advertisements.

 

The Mid North Coast Group of Council’s General Managers then discussed the possibility of a joint Committee but nothing has eventuated.

 

I have now approached current and former senior managers from adjoining Councils and propose that Nambucca Shire Council’s Conduct Review Committee comprise:

 

1.  Mr Ray Fairweather, Manager Governance & Organisational Development at Bellingen Shire Council.

 

Mr Fairweather has kindly agreed to take on the role as a resource sharing exercise and is happy to assist this Council at no cost, provided he can claim for any “out of pocket” expenses.

 

2.  Mr Allan Burgess, General Manager, Kempsey Shire Council

 

Mr Burgess has indicated that he is retiring from Kempsey Shire Council and would be willing to participate on the Conduct Review Committee at an hourly rate to be agreed.

 

3.  Mr Bernard Smith, former General Manager, Port Macquarie-Hastings Council.

 

Mr Smith has indicated that he would be willing to participate on the Conduct Review Committee at an agreed hourly rate.  Mr Smith has experience with Conduct Review Committees and sits on Committees at Hunters Hill, Lane Cove, North Sydney, Hornsby, Willoughby and Clarence Valley Councils.  Mr Smith has advised me of his hourly rate which is reasonable.

 

Mr Fairweather would, if available, be the preferred sole reviewer.

 

 

CONSULTATION:

 

There has been consultation with the proposed Committee members.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Under the regulation creating the Model Code of Conduct, Council has to appoint a Conduct Review Committee.  The only risk pertains to further delays in the appointment of a Conduct Review Committee.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be budget impacts if the full Conduct Review Committee has to be convened.  Hopefully the Committee will have little, if any, work.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

19 March 2009

Director Environment & Planning's Report

ITEM 10.1    SF1261            190309         Outstanding DA's >12 months and applications where submissions received and not determined 10 March 2009

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

 

OPTIONS:

 

TABLE 1:   UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

FILE NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2002/341/01

20/07/06

Modification to internal alterations, construct dressing rooms and extend stage – Bowraville Theatre

Lot 1 DP 330860, 74 High Street, Bowraville

The application requires an exemption through the DDA to deal with the disabled access issues.
Applicant is going to modify the plans to allow disability access to the stage area.
Further revision of plans being undertaken with a view to locating change rooms at stage level. Correspondence seeking update of current progress sent 11/02/09 to Bowraville Arts Council.
A further letter sent to applicant 10/2/09 requesting the application be withdrawn and a new application lodged when prepared
09/03/09 7 Day letter requesting application be withdrawn or will be refused

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:  1


TABLE 2:   DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/267

24/06/08

Proposed Industrial complex for manufacturing buses and ancillary facilities, including manager’s residence and workers cottages.

Lot 1046 DP 826440, Harrimans Lane, Macksville

§ Several submissions have been received objecting to the development as not being suitable for this location as it is not zoned for industrial use and there is residential land surround the proposed area (which is zoned rural)

§ Flooding issues

§ Residential amenity will be affected by light industrial use of the land including visual impact

§ Perceived lowering of values of land

26/08/08 Advice from applicant additional information to be submitted by the end of October.
27/10/08  Extension given until 17/11/08 to provide information to Council
Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application
Information is still outstanding -
21/11/08 7 Day letter sent
Applicant requested extension of time to provide the outstanding information. Extension granted until 30 January 2009
A report was presented to Council’s Meeting of 19 February 2009 where Council resolved to allow a period of 3 months to provide further information to Council

2004/014/01

01/09/08

Residential Flat Building

Lot 7 DP 758749 61 Charlton Street, Nambucca Heads

§ Proposal may set precedent for undermining current local amenity

§ Not in keeping with DCP

§ Should limit height to 8m

§ Overuse of site coverage

§ Setback requirements not met

§ Aesthetics not suitable for the location

7/10/08 Senior Development Planner assessing and considering concerns raised
This application has been “called in” and will be reported to Council once the application is ready to be determined
11/11/08 30 Day Letter sent to applicant to address concerns including: car parking and access, height, design issues
9/12/08 Applicant preparing amended plans
5/01/09 Revised plans and further advice received from applicant
Re-notified to adjoining owners until 13/02/08
See report to the GPC of 18 March 2009

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/045

13/10/08

Rural Boundary Adjustment 7 lots to 3 lots

Lots 5,7,& 9 729466, Lots 1 & 2 DP 114790, Port 198 DP 755564 & Lot 1 DP 184908, 181 North Bank Road, Yarranbella

§ Concerns with traffic on Whip Mountain Road

23/10/08 Letter to applicant advising of further information required, preliminary assessment of banana contamination and vehicular access.
24/10/08 Referrals sent to DW&E, RFS, LALC
.
19/11/08 Advice that soil testing is now in progress
Awaiting results of testing
11/12/08 RFS conditions of consent received
Application likely to be dealt with by end of March 2009

2009/079

15/12/2008

Alterations to existing pub

Lot B DP 340974, Lots 5 & 6 DP 6045, 2-4 Wallace Street, Macksville

§ Objection to finishings of building – not in line with the “heritage” value of the building – aluminium in particular

§ Footpath dining issues with access, littering and noise

§ Open area to be fenced so entry only through hotel

Matters in the submission are being considered
Discussions are being held with applicant re the appropriateness of the use of roller shutters in terms of the heritage significance of the building.
30 day letter sent 5/02/09 requiring amended design showing a design that is more sympathetic to heritage values.
Discussions held at counter with applicant 23/2/09 re an appropriate solution.
Extension of time requested and approved until 23/3/09 for submission of amended design.

2009/087

05/01/2009

67 Lot Residential Subdivision

Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road

§ Request for pedestrian and buggy access to remain

16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks
10/02/09 Applicant requests extension for submission of noise report
Extension granted until 9 March 2009
9/03/09 7 Day letter sent requesting outstanding information to be submitted

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/105

02/02/2009

Dual Occupancy and Subdivision

Lot 4 DP 1063717, 11 Gannet Drive, Scotts Head

§ Feels the size of the block is too small for further subdivision

§ Potential traffic issues

§ Issue with noise and privacy issues for driveway/parking area for Unit 1

Council Comments in relation to objection:

·     lot size meets minimum lot size requirements for subdivision of detached dual occupancy (Clause 30A NLEP).

·     landscaping details will be required to be submitted with CC – applicant will be required to address the privacy and visual amenity of adjoining land owners.

·     consideration of location of driveway and parking will be considered during assessment process.

·     referrals not yet back from H&B or engineering so full assessment cannot yet be undertaken.

·     time frame for determination possibly by end of month.

Submissions closed 11/03/09

Application likely to be dealt with by mid-April 2009

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

19 March 2009

Director Environment & Planning's Report

ITEM 10.2    SF1261            190309         DEP Applications & Statistical Reports Jul 08 - Jan 09 & DAs & CDAs Received & Determined under Delegated Authority - 10 March 09

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1          That Council note development application statistics and processing times for July 2008-February 2009 compared with July 2007-February 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-28 February 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

Development Application Statistics

 

The figures show a 29.94% decrease in the number of DA’s received for July 2008-February 2009 with construction costs decreasing by 4.16% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of February was 13 plus 1 modification.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CC)

July 2007-February 2008

$42,402,972

204

185

July 2008-February 2009

$40,707,778

157

132

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

41.75

40

51

83

32

February

90.00

54

165.1

575

17

 

#Average age of DA’s

 

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 

 

COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2