NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

01 October 2009

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

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.?

 

Our Values in Delivery

 

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

When are Council Meetings Held?

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

Confidential items (ie Items for Closed Meeting) are dealt with at the end of the Ordinary (Open) meeting.? This session of a Council meeting is closed to the media and general public.? The Council then returns to Open Meeting and any members of the public are welcome to attend.

 

How can a Member of the Public Speak at a Council Meeting?

 

Members of the public are welcome to attend meetings and address the Council providing the item is listed on the agenda.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? These items will be brought forward at 5.30 pm in agenda order, and dealt with before other items.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as outlets in all towns and villages of the Shire.

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 01 October 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 - 17 September 2009

5??????? Notices of Motion

5.1???? Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

5.2???? Notice of Motion - Clarence Regional Library Committee - Minutes and Recommendations

5.3???? Notice of Motion - Review of Nambucca Shire Council Website - Water Management

5.4???? Notice of Motion - Water Restriction Levels

5.5???? Notice of Motion - Water Conservation and Reuse - Media Release

5.6???? Notice of Motion - Rainwater Tank Rebate Scheme

5.7???? Notice of Motion - Natural Resources Officer - Funding Opportunities for Part-Time Position ?

6??????? DELEGATIONS?Motion to hear Delegations

7??????? ASKING OF QUESTIONS WITH NOTICE ??

8??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9??????? General Manager Report

9.1???? Election of Deputy Mayor

9.2???? Aboriginal Community Advisory Committee

9.3???? Access Committee

9.4???? Arts Mid North Coast

9.5???? Clarence Regional Library Committee

9.6???? Community Services Committee

9.7???? Development Applications Notifications Committee

9.8???? Finance Committee

9.9???? General Manager's Performance Review Committee

9.10?? General Purpose Committee

9.11?? Land Development Committee

9.12?? Macksville Recreation Centre (Stadium) Committee

9.13?? Macksville Saleyards Advisory Committee

9.14?? Nambucca Bushfire Management Committee

9.15?? Nambucca Emergency Operations Centre
Committee of Management

9.16?? Nambucca Entertainment Centre

9.17?? Nambucca Heads High School Gymnasium Committee

9.18?? Nambucca River Estuary and Coastline Management Committee

9.19?? Nambucca Shire Traffic Committee

9.20?? NSW North Coast Weed Advisory Committee

9.21?? Plant Committee

9.22?? Vehicular Access to Beaches Committee

9.23?? Water and Sewerage Projects Steering Committee

9.24?? Committees of Management - Facilities and Events

9.25?? Tabling of Returns Disclosing Interests of Councillors and Designated Persons

9.26?? Outstanding Actions and Reports

9.27?? Review of Policy - Payment of Expenses and Provision of Facilities for Councillors

9.28?? Review of Code of Conduct

9.29?? Upgrading Casual Hirers Insurance Policy to Regular Hirers Insurance Policy

9.30?? Grant Application Status Report - 22 September 2009

9.31?? Request for consent to Sub Lease of Shop 1 Riverside Drive, Nambucca Heads being part of Crown Reserve 85113

9.32?? Unkya Reserve Committee of Management - Annual General Meeting - 9 August 2009

9.33?? Bowraville Folk Museum Committee of Management - Annual General Meeting - 18 August 2009

9.34?? Nambucca Enterainment Centre - Committee of Management - AGM 19 August 2009

9.35?? Warrell Creek Hall - Committee of Management - AGM 2 September 2009

9.36?? Eungai District Community Council - Committee of Management - AGM 11 August 2009

10????? Director Environment and Planning Report

10.1?? Outstanding DAs greater than 12 months, applications where submissions received not determined, 18 September 2009

10.2?? DAs and CDCs Received and Determined under Delegated Authority 9-18 September 2009

10.3?? Development and Construction Industry Information Evening 20 October 2009

10.4?? Request for Variation to Alcohol Free Zone at Surfeit Cafe Nambucca Heads

10.5?? Report on Review of the 2004-2009 Social Plan, Social Strategies for 2009-2014 and towards the new 20-Year Strategic Plan

10.6?? Deferred Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

10.7?? Report on Inspection Fees & Administrations Charges under Council's Fees & Charges 2009/2010 for Food School Canteens

11????? Director Engineering Services Report

11.1?? Nambucca Shire Vehicular Access to Beaches Committee - Minutes of Meeting 18 September 2009 ???

12????? ASKING OF QUESTIONS WITHOUT NOTICE

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

13.1?? Nambucca Heads Sewerage Augmentation - Approval of Recommended Tenderer for Construction Contract

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.

??

??????????? a????? Questions raised by Councillors at 8 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii?????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv??????? DEAL WITH MOTION TO CLOSE THE MEETING

14????? MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

Pecuniary ? must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary ? Significant Conflict ? Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary ? Less Significant Conflict ? Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary ? An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary ? A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.? The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.? You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

?        It may be appropriate that no action is taken where the potential for conflict is minimal.? However, council officials should consider providing an explanation of why they consider a conflict does not exist.

?        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).? Care needs to be taken when exercising this option.

?        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

?        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

??


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.1????? SF1269??????????? 011009???????? Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

Macksville Athletic Club paid Nambucca Shire Council $314.00 a payment for Community Land which should go to Macksville Parks and Sports Oval Committee.? Why is this so?

 

I believe that they paid Nambucca Shire Council in 2008 on top of this an extra $110.00 for Road Open and Closure for the for the Procession on Gift Day.? The Gift did not receive their annual donation of $300.00.

 

Did the Lions Club of Nambucca Heads for Australia Day Celebrations and Back to Bowra Committee receive their annual donations?

 

For years these organisations have received an annual donation.

 

 

Recommendation:

 

 

 

 

From General Manager:?

 

In relation to donations, a copy of correspondence from and to the Lions Club of Nambucca Heads and Back to Bowra Hinterland Committee is attached.

 

 

Attachments:

1View

1775/2009 - Requesting donation towards 2009 Australia Day at Gordon Park

 

2View

2721/2009 - Donation towards 2009 Australia Day festivities in Gordon Park

 

3View

20969/2008 - Requesting Council to be a sponsor in the Back to Bowra Festival

 

4View

22917/2008 - Sponsorship for the Back to Bowra Hinterland Festival

 

??


Ordinary Council Meeting - 1 October 2009

Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

Attachment 1

1775/2009 - Requesting donation towards 2009 Australia Day at Gordon Park

 

?


Ordinary Council Meeting - 1 October 2009

Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

Attachment 2

2721/2009 - Donation towards 2009 Australia Day festivities in Gordon Park

 

Enquiries to?? :? Mr Michael Coulter

Phone No?????? :? 6568 0200

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

Mobile?????????? :? 0409 153 788

Our Ref???????? :? SF24

 

 

 

4 February 2009

 

 

 

Lion Peter O?Neill

Australia Day Carnival Organiser

The Lions Club of Nambucca Heads Inc

PO Box 11

NAMBUCCA HEADS?? NSW?? 2448

 

 

Dear Mr O?Neill

 

I refer to your letter of 20 January 2009 regarding Council's support towards your Club's significant costs towards the Australia Day Fun Carnival at Gordon Park.

 

I am pleased to be able to include with this letter a cheque to the value of $210 being Council's donation towards this ever successful event.

 

Congratulations on a well organised Carnival Day.

 

Yours faithfully

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

enc

 

 

 

?


Ordinary Council Meeting - 1 October 2009

Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

Attachment 3

20969/2008 - Requesting Council to be a sponsor in the Back to Bowra Festival

 

?


Ordinary Council Meeting - 1 October 2009

Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

Attachment 4

22917/2008 - Sponsorship for the Back to Bowra Hinterland Festival

 

Enquiries to:???? Michael Coulter

Phone No:?????? 6568 0200

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

Mobile:??????????? 0409 153 788

Our Ref:????????? SF25

 

 

 

11 September 2008

 

 

 

Julia Morrell

Treasurer

Back to Bowra Hinderland Festival Committee

PO Box 104

BOWRAVILLE? NSW? 2449

 

 

Dear Ms Morrell

 

REQUEST FOR SPONSORSHIP FOR THE BACK TO BOWRAVILLE HINTERLAND FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY 11 AND 12 OCTOBER 2008

 

Reference is made to your letter received by Council on 22 August 2008 seeking sponsorship for the Festival.

 

Council would be pleased to provide $300 in sponsorship.? Please find enclosed a cheque for this amount.

 

Council extends its best wishes for a successful festival and we look forward to attending over the weekend.

 

 

Yours faithfully

 

 

 

 

GEORGE HICKS?????????????????????????????????????????????? MICHAEL COULTER

MAYOR???????????????????????????????????????????????????? GENERAL MANAGER

 

GH:ct

 

 

 

?


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.2????? SF1269??????????? 011009???????? Notice of Motion - Clarence Regional Library Committee - Minutes and Recommendations

 

AUTHOR/ENQUIRIES:???? Anne Smyth, Councillor ????????

 

Summary:

 

Proposed recommendations for Clarence Regional Library Committee meeting.

 

 

 

Recommendation:

 

1??????? That Council support in principle the Minutes and Recommendations of the Clarence Regional Library Committee of Management.

 

2??????? That Council note that any future allocations of budgetary resources for implementation of items listed in the combined Strategic Plan-Action Plan would be a decision for each member Council, taking into consideration budgetary circumstances at the time.

 

3??????? That Council note that each decision being dealt with would be in conjunction with Council?s Management Plan and budgetary considerations.

 

4??????? That Council note that some actions will only proceed if grant funding is available.

 

5??????? That Council note that many of the actions will be dealt within existing resources and will depend on the outcome of the review of the Library Services Model.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.3????? SF1269??????????? 011009???????? Notice of Motion - Review of Nambucca Shire Council Website - Water Management

 

AUTHOR/ENQUIRIES:???? Paula Flack, Councillor ????????

 

Summary:

 

Council is reviewing its website.? There is very little information currently on the website regarding water management.? Given the need for all water users to understand and participate in sustainable water management in the Shire, it is timely that more comprehensive information is provided via the net.

 

 

Recommendation:

 

That additional information relating to sustainable water management be included on the website including a brief general overview of the importance of water conservation and reuse, especially in dry times, water saving actions and initiatives, links to appropriate information sites, all Water Restriction Levels and details of Council?s tank rebate scheme.

 

 

 

OPTIONS:

 

Providing this information is a critical step to keeping residents and visitors informed regarding water use and management in the Shire and also what actions they can take to minimise their water demands especially on town water supply.? Options should be in terms of the amount and type of information uploaded.

 

 

DISCUSSION:

 

Council?s website currently lacks important information regarding water management.? Currently it only provides notification regarding the Water Restriction Level currently in force ie level 1 and associated information and a link to the State Government?s rainwater tank rebate scheme.? It does not provide information about Council?s rainwater tank rebate scheme.? The website would benefit from a distinct water section with information regarding the importance of water conservation and reuse and links to sites with useful water saving actions, ideas and initiatives.  The section could open with notice of the current water restriction level in force at the time and information related to that level, but importantly, also provide information relating to all water restriction levels, which could be opened by clicking on the each level heading. 

 

 

CONSULTATION:

 

General Manger

Director of Environment and Planing

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Sustainable water management is vital to sustaining biodiversity

 


Social

 

An informed community is in the best position to make the most of water saving initiatives and to minimise demands on town water supply thereby minimising the need for higher level water restrictions to be applied during dry periods.

 

Economic

 

An informed community is in the best position to make the most of water saving initiatives and to minimise demands on town water supply thereby minimising the need for higher level water restrictions to be applied during dry periods. Higher level water restrictions can have an economic impact on business and industry.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.4????? SF1269??????????? 011009???????? Notice of Motion - Water Restriction Levels

 

AUTHOR/ENQUIRIES:???? Paula Flack, Councillor ????????

 

Summary:

 

Council?s water restriction Levels have not been reviewed for 4 years. Also the information pamphlets are outdate and very limited in information. As we approach our driest period, Council should ensure it has the most effective criteria for each Level and disseminates clear and concise information to its residents and visitors regarding Water Restrictions.

 

 

Recommendation:

 

That Council review the six water restriction Levels in terms of what water usage is allowed for each category at each Level and update its information pamphlets accordingly.

 

 

OPTIONS:

 

Not review the water restriction Levels

 

DISCUSSION:

 

Council has adopted Level 1 water restrictions as a permanent management tool, however Level 1 places no or very little restriction on some activities which are non essential.?

 

Given the pressures on our water supply council should review the restrictions.? Water savings could be made with some minor changes which in turn could delay the need to move to more stringent restriction Levels.

 

For example residents are not restricted at all in the length of time or frequency of hosing down paved areas and driveways on Level 1.? Washing paved areas is an activity which is non essential and residents can alternatively use a broom.? Level 2 restrictions allows any resident to carry out hosing down paved areas for up to 2 hours a day (which in reality probably equates to no restriction), even at Level 3 the activity is still allowed.

 

Likewise hosing down of public areas is still allowed for up to 2 hours a day up to Level 4.?

 

Use of outdoor showers is unlimited up to Level 4; however nurseries are limited to 2 hours/day at Level 2.

 

It seems wrong to limit commercial water use especially for nurseries when residents are still allowed to hose their drives down for up to 2 hours every day and stand under outdoors showers for unlimited periods.?

 

Coffs Harbour City Council (CHCC) at Level 1 only allows washing of driveways for health and safety reasons, otherwise it is not permitted.?

 

Nambucca Council Level 1 bans sprinklers, sprays and fixed hosed between the hours of 8.00 am and 4.00 pm ? but only if they are unattended. This restriction would be very difficult to police.?

 

CHCC simply bans use of these devises between the hours of 8.00 am and 4.00 pm.?

 

Washing of domestic vehicles also is unrestricted in Nambucca Shire, however a simple amendment to require, where possible that the vehicles be washed without runoff to the street eg on a non paved area would make the best use of the water.


No reference is made to rainwater tanks on the information sheet regarding water restriction Levels ie that restrictions only apply to town water supple not to rainwater tanks.

 

 

CONSULTATION:

 

General Manager

Director of Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Water restrictions play an important role in protecting environmental river flows

 

Social

 

Water restrictions help ensure security of town water supply in dry times.

 

Economic

 

Water restrictions can have a negative economic impact on industry and businesses in dry times.

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Reviewing the water restriction Levels should take little staff time especially if Councillors send their suggested amendments to the Director prior to the preparation of any agenda item.

 

 

Manex Notes:

 

It is important that the water restrictions be consistent across the Mid North Coast Councils (Taree to the Tweed).? In the first instance it is recommended that Council approach the Mid North Coast Councils concerning the review of water restriction levels rather than a go it alone approach.? The current arrangements were developed in 2003 with the assistance of the NSW Premier?s Department.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.5????? SF1269??????????? 011009???????? Notice of Motion - Water Conservation and Reuse - Media Release

 

AUTHOR/ENQUIRIES:???? Paula Flack, Councillor ????????

 

Summary:

 

In the lead up to our driest period it is timely that the General Manager and or the Mayor issue a media release regarding the importance of water conservation and reuse.? Council?s rainwater tank rebate scheme could also be referred to in terms of its existence or if Council so resolves, in terms of the changes to the scheme.

 

 

Recommendation:

 

That the General Manager and or the Mayor issue a media release regarding the importance of water conservation and reuse during the spring summer dry time.?

 

 

OPTIONS:

 

Not issue a media release

 

 

DISCUSSION:

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 

Economic

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Source of fund and any variance to working funds

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.6????? SF1269??????????? 011009???????? Notice of Motion - Rainwater Tank Rebate Scheme

 

AUTHOR/ENQUIRIES:???? Paula Flack, Councillor ????????

 

Summary:

 

Council introduced a rainwater tank rebate scheme in January 2008 offering a $150 rebate to residential property owners of the Shire who purchase and install a new rainwater tank and who applied for and gained a NSW Government rainwater tank rebate.? To date the scheme has not been taken advantage of with only 18 rebates being paid.? The environment levy funded budget for the scheme has now accumulated to $60,600.? This disappointing result means that Council is not achieving what it set out to achieve, by introducing the scheme ie assisting residents to purchase and install rainwater tanks thereby reducing demand on town water supply, reducing the impact of stormwater runoff, providing additional consumer water security and cost savings.

 

 

Recommendation:

 

That Council reviews its rainwater tank rebate scheme as soon as possible to encourage greater uptake of the initiative.

 

 

OPTIONS:

 

Not review the scheme

 

 

DISCUSSION:

 

The rainwater tank rebate scheme is funded from the environment levy at $20,000/year.? The environment levy is applied to all rates notices, not just residential.? Consideration could be given to broadening the eligibility to business, industrial and rural property owners.? Simplifying the process for applying for the rebate, increasing the amount rebated and increasing public awareness of the rebate scheme are all actions which may increase take up of the rebate offer.

 

 

CONSULTATION:

 

General Manager

Director Environment and Planning

Manager Financial Services

 

 

SUSTAINABILITY ASSESSMENT:

 

There are clear environmental, social and economic benefits of the rebate scheme if it is made use of.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The rebate is already in the current 2009-10 budget

 

Source of fund and any variance to working funds

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

Notice of Motion

ITEM 5.7????? SF1269??????????? 011009???????? Notice of Motion - Natural Resources Officer - Funding Opportunities for Part-Time Position

 

AUTHOR/ENQUIRIES:???? Paula Flack, Councillor ????????

 

Summary:

 

Council currently has one Environmental Officer responsible for natural resource planning and environmental compliance.? It has been reported to Council that its Compliance Officer has insufficient time to undertake all natural resource management tasks required.?

 

The 2007 Community Survey identified environmental monitoring and estuary management as of ?High Importance and Low Satisfaction?.? Considering opportunities to improve Council's performance in these areas is therefore a justified response to community concerns.

 

 

 

Recommendation:

 

That Council investigate opportunities for funding for a part time Natural Resource Officer and for a strategic alliance with Bellingen Shire Council to share such a position.

 

 

OPTIONS:

 

Not investigate opportunities to expand Council?s natural resource management activities

 

 

DISCUSSION:

 

Council?s Environment Officer?s position is currently funded via the Environment Levy budget.? Bellingen Shire Council currently has an externally funded Natural Resource Officer employed on a part time basis.? Opportunities exist for Nambucca Shire Council to gain funding to engage a part time Natural Resource Officer to support our existing Environmental Officer and possibly for a strategic alliance with Bellingen Shire Council to share such a position.

 

A Natural Resource Officer could focus on such matters as policy and plan development, implementing Cities for Climate Protection Actions, energy, water and cost saving initiatives within Council's operations and various natural resource management projects.

 

Council has very recently received advice that the Coast and Estuary Program has been reviewed.? DECC plans to run a pilot program, bringing forward annual grant processes to better align with Council?s funding cycles.? This new process will include early calls for applications (Oct) and may provide the opportunity to fund a part time position.

 

 

CONSULTATION:

 

Director of Environment and Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 


Economic

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Very little cost involved in preparation of a report which explores opportunities for funding a part time natural resource officer position

 

Source of fund and any variance to working funds

None

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.1????? SF830????????????? 011009???????? Election of Deputy Mayor

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

It is a requirement under the Local government (Elections) Regulations 1998, Clause 124, that the annual election of a Deputy Mayor is to be in accordance with Schedule 3 to that Regulation.

 

 

Recommendation:

 

1??????? That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2??????? That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

 

3??????? That the election of Deputy Mayor proceed.

 

4??????? That following the election, the General Manager declare Cr??.elected as Deputy Mayor for the term of office expiring October 2010.

 

 

OPTIONS:

 

There are options as to the method of election being open voting (show of hands), ordinary (secret) ballot, or a preferential (secret) ballot.

 

 

DISCUSSION:

 

Schedule 3 provides that the General manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.

 

Note:? It is requested that the nomination be on the form especially designed for nomination purposes which is enclosed with the business paper (blue form).

 

If only one Councillor is nominated, that Councillor is elected.? Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.? (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands.)

 

Ordinary Ballot or Open Voting

 

The process for an ordinary ballot or open voting is as follows:

 

?????? Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.

 

?????? Where there are three or more candidates, the one with the lowest number of votes is excluded.

 

?????? If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.

 

?????? If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.

 

To recap, where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot.? By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.

 

If the method of voting resolved by Council is by ordinary ballot or open voting then Part 2 of the Regulations apply (paragraph 20-2360 and onwards).

 

Preferential Ballot

 

The ballot papers are to contain the names of all the candidates.? The Councillors are to mark their votes by placing the numbers ?1?, ?2?, and so on against the various names to indicate their order of preference for all the candidates.

 

If a candidate has an absolute majority of first preference votes, the candidate is elected.? If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with second preferences on those ballot papers.? A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.

 

For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected.? If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.

 

Choosing by lot

 

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

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications.

 

Social

 

There are not implications.

 

Economic

 

There are no implications.


 

Risk

 

There are no implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications for Council.

 

Source of fund and any variance to working funds

 

There are no financial implications for Council.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.2????? SF830????????????? 011009???????? Aboriginal Community Advisory Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Aboriginal Community Advisory Committee (ACAC) was formed in 1993 following the Building Bridges Program.

 

In 2008/2009 the elected members were Councillor Ballangarry OAM and Councillor South with Cr Flack as alternate delegate.

 

It is proposed that ACAC be retained but given waning interest it is proposed to trial a new consultation arrangement whereby the Committee goes out to key stakeholders in the Aboriginal community being the Local Aboriginal Land Councils and the Muurrbay Aboriginal Language and Culture Co-operative.? It is also proposed to conduct an annual social function involving Councillors and all Aboriginal Elders.

 

 

Recommendation:

 

1??????? That Councillor Ballangary OAM, Councillor South with Councillor Flack as alternate ????????? delegate plus the Aboriginal Community Development Officer and General Manager be ????????? appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as ????????? follows:

?????????????????? 1st quarter ? with Nambucca Heads LALC

?????????????????? 2nd quarter ? with Unkya LALC

?????????????????? 3rd quarter ? with Muurrbay Aboriginal Language and Culture Co-operative

?????????????????? 4th quarter ? with Bowraville LALC.

 

2??????? That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3??????? The revised arrangements for the Aboriginal Community Advisory Committee be reviewed in ????????? 12 months time.

 

4??????? That the existing members of the Aboriginal Community Advisory Committee be advised ? of ????????? the reasons for Council?s action and they be thanked for their input and work over the ????????? past years.

 

 

 

DISCUSSION:

 

The aims and objectives of the Aboriginal Community Advisory Committee (ACAC) were adopted by Council in 1996 and provide as follows:

 

1??????? To represent the Aboriginal Community in communications and consultation with Nambucca Shire Council

2??????? To develop and maintain a close working relationship between Council and the local Aboriginal Community

3??????? To consider issues of concern to the Aboriginal Community and to Council and to make recommendations thereon.? Such issues may include land claims and sacred sites.

4??????? To provide support and advice where possible to individuals and groups within the Aboriginal Community

5??????? To ensure that Council and the Aboriginal Community are kept informed of matters of importance to Aboriginal people in the Nambucca Shire and where necessary, provide advice on appropriate responses to those matters.

6??????? The Committee may consider any matters concerning government departments brought forward by a government officer or member of the Aboriginal Community Advisory Committee.

 

The ACAC shall elect from amongst its membership an Executive Committee comprising a Chairperson, Deputy Chairperson, Publicity Officer and Secretary.

 

The membership of the Committee as per the Annual General Meeting held on 12 May 2009 is:

 

Cr Martin Ballangarry OAM (Council delegate ? resolution of 2/10/2008)

Cr Elaine South (Council delegate ? resolution of 2/10/2008)

Cr Paula Flack (alternate delegate - resolution of 5/2/09)

Ms Cathy Bula (Chairperson)????????????????????????????????? Ms Raylene Ballangarry (Deputy Chairperson)

Mr Michael Donovan?????????????????????????????????????????????? Mr Darren Kershaw

Mr Robert Wilson?????????????????????????????????????????????????? Mr Colin Jarrett

Mr Gary Williams?????????????????????????????????????????????????? Mr Caine Rosser

Ms Paula Craig????????????????????????????????????????????????????? Mrs Jennifer Rosser

Mr Barry Donovan????????????????????????????????????????????????? Mr Semi Bula

Ms Beryl Wilson??????????????????????????????????????????????????? Mr Neville Kim

Ms Kimberly Jones??????????????????????????????????????????????? Mr Michael J Donovan

Ms Belinda Donovan?????????????????????????????????????????????? Ms Mila Bula

Ms Tamara Smith????????????????????????????????????????????????? Mr Anthony Gillin

Ms Rachel Gillin??????????????????????????????????????????????????? Ms Penny Stadhams

Ms Vicki Power???????????????????????????????????????????????????? Mr Scott Mieni

Ms Patricia Gail Ling????????????????????????????????????????????? Ms Louise Robinson

Ms Michelle Donovan???????????????????????????????????????????? Ms Karen Ella-Bird

Ms Marcia Hillery?????????????????????????????????????????????????? Mr Terry Marshall

Mr Larry Kelly??????????????????????????????????????????????????????? Ms Ann Edwards

Ms Tracy Cohen??????????????????????????????????????????????????? Mr Dean Jarrett

Ms Tracy Singleton?????????????????????????????????????? Ms Shirley Ballangarry

 

The Committee is to meet at least once during each quarter of the year.? The quorum for the Committee is 5 voting members.

 

Since the review of Committees in October 2008, the Aboriginal Community Advisory Committee (ACAC) has met in December 2008 and May 2009.? There were attempts to hold meetings in July and August 2009 but it would appear that a quorum was not achieved.? Council?s Aboriginal Community Development Officer advises that in the 12 months to July 2009, ACAC has held three ordinary meetings including an AGM out of 10 requests.

 

For whatever reasons, ACAC is not achieving its aims and objectives and for this reason it is recommended that Council investigate an alternative model.

 

A number of alternative options have been considered being:

 

1??????? That the Aboriginal Community Advisory Committee be dissolved.

????????? The formal committee structure may not assist in achieving community interaction.? With this option Council?s Aboriginal Community Development Officer could undertake consultation and provide regular reports to Council on issues raised in the Aboriginal community.

 

2??????? Retain the Aboriginal Community Advisory Committee as is.

????????? The performance of ACAC may be hampered by the differences in the Aboriginal community across the three towns eg, their representation by three Local Aboriginal Land Councils (LALC?s) with their own objectives and problems.

 

3??????? Retain the Aboriginal Community Advisory Committee but with enhanced linkage to LALC?s and Social Organisations

????????? In this model, Councillors, Managers/Chairpersons of Aboriginal social organisations, Council?s Community Development Officer and the CEO?s of the local LALC?s would be the only representatives on ACAC.? This option could include a forum of major Aboriginal stakeholders within the Nambucca Shire.? The social organisations ? MiMi Aboriginal Corporation and Ngambaga Bindarray Girrwaa, the major job network ? Ngurrala Aboriginal Corporation, the medical services, and the LALC?s.

 

4??????? Retain the Aboriginal Community Advisory Committee but meet with key stakeholders

????????? This is a variation on option 3 and involves ACAC going out to the respective stakeholder organisations, rather than convening a formal meeting in the Council Chambers.? Similarly an annual social function could be conducted with Aboriginal Elders across the Valley to provide an opportunity for less formal dialogue and consultation.? This is the preferred model for a 12 month trial.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.3????? SF842????????????? 011009???????? Access Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Access Committee addresses access to public buildings, streets, etc for persons that are mobility disadvantaged.

 

In an advisory capacity, the meeting is attended by appropriate officers of Council (as are all Committees as required).?? The elected member representatives were Councillors Moran OAM and Smyth.

 

 

Recommendation:

 

That Councillor Moran OAM and Councillor Smyth be appointed to the Access Committee.

 

 

DISCUSSION:

 

The objectives of the Access Committee are:

 

1??????? To promote equity of access for all people with disabilities in all areas of life including recreation and leisure, employment, transport and physical environment

2??????????????? To provide a forum for the discussion of access issues

3??????? To act as an advisory committee and make recommendations to other bodies to ensure that access for people with disabilities is adequately considered in all relevant planning development applications, public buildings and recreation facilities

4??????? To consult with organizations and representatives from all major disability groups to ensure consumer input on all matters affecting people with disabilities

5??????? To improve public awareness of disability issues by disseminating information about disabilities and giving publicity to the activities of the Access Committee

6??????? To develop guidelines for assessing access for people with disabilities to all public facilities and other relevant areas

7??????? To systematically survey the ?local government? area and to document access problems and bring them to the attention of appropriate authorities and/or development projects/suggestions to improve any problems

8??????????????? To explore avenues of obtaining funds to finance access projects

9??????????????? To develop policies on access and disability issues

10?????????????? To collect statistics on disability groups and their needs

11????? To encourage the involvement of people, health workers, Councillors, families and carers and other professionals and interested people to become involved in the Access Committee.

 

The current membership of the Access Committee with voting rights is:

 

Cr Michael Moran OAM?????????????????????? Cr Anne Smyth

Mr Peter Shales (Chairperson)???????????? Ms Margaret Hutchinson (Deputy Chairperson)

Ms Donna Primmer (Secretary)??????????? Ms Dorothy Secomb

Mr Keith Davis??????????????????????????????????? Ms Tracey Mills

Mr Les Small????????????????????????????????????? Mr Matt Sullivan (Nambucca Valley Phoenix Ltd)

Ms Jenny Croaker?????????????????????????????? Ms Lyn Foster

Ms Shirley Holmes????????????????????????????? Ms Glenys Maher

 

The Access Committee was formed in 1994 and has remained active over the past 15 years.? Since the review of Committees in October 2008, the Committee has held 9 meetings plus its AGM in March.? The Committee also hosted a meeting of Access Committee members from the neighbouring Councils in December 2008.

 

Over the past year, the Committee has addressed the following main issues:

 

1??????????????? Review of use of road reserves and public land for commercial activities

2??????????????? Report on Council?s Administration Centre ? compliance with disability requirements

3??????????????? Disability Action Plan ? development of 2008-11 plan

4??????????????? Access issues around various towns and locations

5??????????????? First aid courses for people with disabilities

6??????????????? Radio programs for the print handicapped

7??????????????? Mobility scooter safety and advice to users

8??????????????? Holiday maker brochure for people with disabilities and mobility maps

 

Over the past 12 months the Committee has made 6 specific recommendations to Council regarding major issues eg, for adoption of the Disability Action Plan and regarding access issues at the Council Administration Centre.

 

An Access Committee is important to avoid or lessen discrimination against people with disabilities and to demonstrate that Council is serious about its obligations under the Disability Discrimination Act.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.4????? SF842????????????? 011009???????? Arts Mid North Coast

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The regional body works in conjunction with the Regional Arts Development Officer.? Councils are represented on the regional body?Arts Mid North Coast.

 

The elected member representing Council has been Cr Ballangarry OAM.

 

 

Recommendation:

 

That Councillor Ballangarry OAM be appointed as Council's representative on the Arts Mid North Coast Board.

 

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.5????? SF842????????????? 011009???????? Clarence Regional Library Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Some years ago Council entered into an agreement with councils comprising the "Clarence Region" with a view to providing a library service on a joint and cooperative basis through what is known as the Clarence Regional Library Committee.

 

The Committee formerly comprised two Councillors from each of the constituent councils.? Since the amalgamation of councils in the Clarence Valley, the Committee will comprise two representatives from that Council and Bellingen and Nambucca Shire Councils.

 

In 2008/2009, Council?s representatives were Councillor Moran OAM, Councillor Smyth with the Mayor Councillor Hoban ex-officio.? As operational matters can be raised it is recommended that one of Council?s representatives be Council?s Manager Community and Cultural Services.

 

 

Recommendation:

 

1??????? That one Councillor be appointed to the Clarence Regional Library Committee.

 

2??????? That the Manager Community and Cultural Services be appointed as Council?s second representative on the Clarence Regional Library Committee.

 

 

 

DISCUSSION:

 

Whilst this is technically not a committee of Council it is appropriate that Council?s representation be reviewed at this time.? As a partner to the Clarence Regional Library, Council obviously requires a say in its operations.

 

As operational matters can be raised it is recommended that one of Council?s representatives be Council?s Manager Community and Cultural Services.? This was not the case in 2008/2009 where both representatives were Councillors.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.6????? SF842????????????? 011009???????? Community Services Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Committee addresses human services needs in the community.

 

The Councillor representatives were the Mayor (ex officio) and Councillors Flack and Smyth.

 

 

Recommendation:

 

1??????? That the Community Services Committee be discontinued.

 

2??????? That the existing members of the Community Services Committee be advised of the reasons ????????? for Council?s action and they be thanked for their input and work over the past years.

 

 

 

DISCUSSION:

 

The Community Services Committee?s purpose is to advise Council on the most effective means to meet the social needs, and promote the personal well-being of the residents of the Nambucca Shire local government area, thereby creating a sense of community and improving people?s quality of life.

 

Its objectives are:

 

?????????????? To advise Council on community services issues including those referred from Councillors, Council meetings, Council officers and the general public.

 

?????????????? To analyse, help develop and advise on policy in relation to resource planning issues and general socio-economic changes.

 

?????????????? To make recommendations regarding applications for grants for community services in the Nambucca Shire.

 

The Committee?s brief is broad ranging covering the social aspects of the common approach to triple bottom line sustainable development (environment, social? and economic).

 

The current membership of the Committee:

 

Cr Flack (Chairperson)???????????????????????????????????????????

Ms Angie Evans and Ms Anne Smyth (Deputy Chairs)

Ms Jenny Zirkler (Macksville Health Campus)

Ms Ursula Donohue (DoCS)

Ms Mari Webb

Mr Paul Sekfy (Neighbourhood Centre Coordinator)

Ms Glenys Munro (NV Community Services Council Inc)

Ms Kerrie Bowtell (TAFE Outreach)

Ms Suzanne Homes (Centrelink)?????????

Mr Ross Chalmers (Ministry of Transport Regional Co-ordinator)

Mr Glenn Robinson (Coffs Clarence Health Participation Forum)

Ms Denise Olsen (Nambucca Valley Children?s Group Inc and Family Support).

 


Over the past 12 months the Committee has included the following matters in its business:

 

?????? The impact of the ageing population

?????? Verbal reports from members eg transport, health, TAFE, schools, aged services

?????? Area Assistance Scheme

?????? Council?s budget and management plan

?????? Updates from Council staff

?????? Local government integrated planning

 

Over the past 12 months the Committee has made one specific recommendation to Council regarding the resourcing the Social Plan.? It was not supported by Council.

 

It is understood that the Committee was formed in 1991 to support a fledgling community services section at Council and to create a focus for community input on a range of issues.

 

The forums, which fulfil an important networking role, could be conducted with being a Section 355 Advisory Committee.? Some of the information sharing aspects of meetings duplicate the Nambucca Valley Network meetings held every 6 weeks at the Nambucca Valley Neighbourhood Centre.

 

The Committee has in recent years been a source of nominations to the Local Ranking Committee for the Area Assistance Scheme.? This will no longer be necessary due to changes to the funding program ie, local ranking committees have been done away with.

 

With the future of strategic planning changing for Councils and the need to integrate community services with environmental, economic and governance planning, the need to look at what committees Council needs to drive this process is approaching.? Will Council have a designated Committee to assist with each of these areas (it doesn?t now), or a different structure altogether?? Depending on how and when Council embarks on the next stage of the required Community Strategic Plan, including the community engagement strategy, there may be an argument to form a range of different committees to commence that work.

 

Based on the activities of the Committee over the past year, it is recommended that it take a period of recess until Council determines which Committees it needs for the integrated planning and reporting requirements.? It will continue to be open to Council staff to call a meeting of interested people to discuss any current or emerging social issues.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.7????? SF842????????????? 011009???????? Development Applications Notifications Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Committee has not met for over a year whilst the Council has trialled a ?call in? arrangement with the remaining development applications being dealt with under delegated authority. The revised arrangements would seem to be working satisfactorily. Council is made aware of all development applications which are the subject of objections; there is transparency and accountability in the ?call in? arrangements; and all Councillors (rather than a Committee of three) determine applications which are ?called in?. In the circumstances there is no need to retain the Development Applications Notifications Committee.

 

 

Recommendation:

 

That the Development Applications Notifications Committee be discontinued.

 

 

 

OPTIONS

 

The previous arrangement was that, ?this Committee comprise any three Councillors to officiate at any one time and these Councillors be determined or selected on the basis of residential proximity to the site with the Director Environment & Planning empowered to call on any three Councillors at any one time.?

 

 

DISCUSSION:

 

The purpose of the Development Applications Notifications Committee is to allow for the determination of development applications where there are unresolved objections. Notwithstanding the composition of the Committee, the practice had been to inform all Councillors of a proposed site meeting and invite their attendance. The Director Environment and Planning then makes a formal determination of the application following the meeting. Following the meeting the practice had been to report the outcome for endorsement by Council but technically it only needs to be reported for information.

 

In particular there has always been an issue in defining an ?unresolved? objection whereby staff may believe that an objection has been resolved by the imposition of a condition but where the objector may be of a different view. Another problem has been that whilst the constitution of the Committee provides for it being convened by any 3 Councillors being determined on the basis of residential proximity, in reality all Councillors sought to be notified. This often meant delays in attempting to schedule a meeting which all interested Councillors could attend. Finally, there have also been instances where a quorum of three Councillors was not achieved which resulted in the development application being deferred to the following Council meeting.

 

At Council?s meeting on 15 May 2008 it was resolved to trial amended delegations to the General Manager whereby he be provided with delegated authority to determine any development application except for those where objections have been received and which may be ?called in? by any Councillor for determination by either the Development Applications Notification Committee (DANC) or full Council. With Council meeting twice a month, ?called in? applications have been referred to full Council and not DANC. To date there have been no issues with the trial. There has been a reduction in staff resources required to organise DANC meetings and the ?call in? process, so far, has arguably improved the level of community and media awareness of particular applications.

 

Council again considered the matter at its meeting on 18 December 2008 and resolved the current system which is as follows:

 

?That Council continue with the ?Call In? provisions rather then forming a Development Applications Notification Committee (DANC) with the following rules applying:

 

?????????????? All Development Applications where a submission by way of an objection is received shall be reported to Council in the business paper identifying the issues and brief summary of attempts to resolve issues.

?????????????? Any Councillor may ?Call In? an application on the list which is to be reported to Council once the application is processed.

?????????????? Where an application has been ?Called In? and the issues are subsequently addressed to the satisfaction of the objector, this is to be noted in the report seeking confirmation if the matter still needs to be presented to Council or dealt with under delegated authority.

?????????????? Where an application receives objections, and is not ?Called In?, and Council staff consider that the matter has been satisfactorily addressed or irrelevant, then the application is to be dealt with under delegated authority.

?????? To activate a call-in it has to be via a Notice of Motion through Council.?

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.8????? SF842????????????? 011009???????? Finance Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Finance Committee was established on 2 October 2008 and has met once on 29 January 2009.?

 

Council has dealt with other matters concerning the Committee?s terms of reference at both General Purpose Committee and Council meetings.? Examples include the workshop on rating policy scheduled for the General Purpose Committee meeting on 14 October 2009; the Bellwood local traffic management contribution plan; the seeking of expressions of interest for internal audit services and investment advice.

 

With Council having two meetings per month as well as a General Purpose Committee meeting of the whole Council, it is questioned whether a Finance Committee is required.

 

 

Recommendation:

 

That the Finance Committee be discontinued.

 

 

 

OPTIONS:

 

Council can elect to have a Finance Committee.? Given the level of public interest in aspects of its terms of reference it is queried whether a Committee of 2 Councillors with the Mayor ex officio would be adequate.? Otherwise the Committee?s deliberations will be repeated at the General Purpose Committee or Council.

 

DISCUSSION:

 

At Council?s meeting on 2 October 2008 it was resolved to form a Finance Committee consisting of at least 2 Councillors with the Mayor ex officio, to oversee investment, rates, accounts and debtors.? It was resolved that Councillor Moran OAM and Councillor Ainsworth be members of the Finance Committee.

 

Council?s meeting on 20 November 2008 adopted the terms of reference and meeting arrangements for the Finance Committee.

 

?Objective

 

Provide strategic overview of financial policies including but not limited to asset management, rating, investments, fees and charges, developer contributions, loans and debt recovery.

 

Terms of Reference

 

1.?? To review Council?s rating policy including but not limited to rating categories, base amount, ad valorem, farmland and special rates.

2.?? To review Council?s policy on fees and charges including but not limited to the stormwater levy, environmental levy, waste charges and developer contributions.

3.?? To review Council?s policy on investments.

4.?? To review loan financing in terms of its timing, renewals, and providers.

5.?? To overview Council?s debt recovery.

6.?? To review progress in the development of an asset management system.

7.?? To assess the potential of internal auditing.

8.?? To review any recommendations made by Council?s auditor.

 

Meeting Frequency

 

That the Finance Committee meet quarterly?

 

At that meeting it was also resolved to investigate the refinancing of Council?s loans and that the matter be reported to a meeting of the Finance Committee.

 

The only meeting of the Finance Committee to have been held in the past 12 months was on 29 January 2009.? The meeting considered a report on refinancing loans as well as criteria and application forms for the review of farmland rating.

 

Council has dealt with other matters concerning the Committee?s terms of reference at both General Purpose Committee and Council meetings.? Examples include the workshop on rating policy scheduled for the General Purpose Committee meeting on 14 October 2009; the Bellwood local traffic management contribution plan; the seeking of expressions of interest for internal audit services and investment advice.

 

With Council having two meetings per month as well as a General Purpose Committee meeting of the whole Council, it is questioned whether a Finance Committee is required.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.9????? SF842????????????? 011009???????? General Manager's Performance Review Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

In accordance with performance guidelines for General Managers produced by the Department of Local Government it is recommended that the Committee comprise the Mayor, Deputy Mayor and one other Councillor to be nominated by the Council.

 

On 2 October 2008, Council resolved that the Mayor, Deputy Mayor and Councillor Moran OAM constitute the General Manager?s Performance Review Committee.

 

 

Recommendation:

 

1??????? The General Manager?s Performance Review Committee comprise the Mayor, Deputy ????????? Mayor and Councillor Moran OAM.

 

2??????? The Performance Review Committee obtain feedback from Councillors not on the ????????? Committee in the week prior to a performance review session.

 

3??????? The General Manager?s Performance Review Committee report back to Council any ????????? decisions about performance, any actions that should be taken and the determination of the ????????? new performance agreement.

 

 

 

OPTIONS:

 

The Department of Local Government recommend that a Committee be appointed to review the General Manager?s performance.? Council does not have to appoint a Committee and instead the review can be undertaken by the whole Council.? The recommendation is for the status quo.

 

 

DISCUSSION:

 

In October 2007, the Department of Local Government issued Circular 07-52 dealing with performance guidelines for general managers.? The Circular may be viewed on the Department?s website www.dlg.nsw.gov.au.? The guidelines (page 3) provide that,

 

??Whilst the Council can undertake the performance management of its General Manager, it is recommended that it delegate this task to a GM Performance Review Panel.? A Panel provides a better forum for constructive discussion and feedback.? It should comprise the Mayor, optionally the Deputy Mayor and one Councillor nominated by the Council.? The General Manager should have the option of nominating another Councillor to the Panel.? It is good practice to enable Councillors not on the Panel to provide feedback to the Mayor in the week prior to each session.? All Councillors should be notified of the relevant dates of the sessions to assist with this process.

 

Those councillors selected to take part in the Panel should have received training on the performance management of General Managers.? Training in the performance management of General Managers should be part of councils? induction program for councillors following each election.

 

If the decision is made to delegate to a Panel, the extent of that delegation should be clear.? It is recommended that the whole process of performance management be delegated to the Panel, including decisions about performance, any actions that should be taken, and the determination of the new performance agreement.? The result should be reported to a closed meeting of Council or a Committee of Council.? This should not be an opportunity to debate the results, or re-enact the performance agreement of the General Manager.?

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.10??? SF842????????????? 011009???????? General Purpose Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Committee conducts on-site inspections the subject of requests or complaints from residents, builders and developers and takes the opportunity to receive delegations and to address financial matters and policy matters.

 

The Committee meets on the Wednesday before the second Council meeting of each month.

 

The Committee comprises all Councillors.

 

 

Recommendation:

 

That all Councillors be appointed to the General Purpose Committee.

 

 

 

DISCUSSION:

 

In the past there has not been universal agreement amongst Councillors as to the role of the General Purpose Committee.? It has a traditional role of undertaking on-site inspections which have been the subject of requests, complaints, or are planning matters.

 

It has also served a useful function in providing a more informal opportunity to discuss major financial matters such as the budget review as well as policy issues.

 

The Committee?s operations have not been exclusively concerned with works nor have they been exclusively concerned with inspections.? It has operated more as a general purpose committee.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.11??? SF791????????????? 011009???????? Land Development Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Land Development Committee has comprised all Councillors.

 

It is recommended that the meeting frequency be at least quarterly.

 

Cr Moran previously resigned from this Committee.? Given his background in Valuation and Real Estate he is considered a valued member of the Committee.

 

 

Recommendation:

 

1??????? That all Councillors be appointed to the Land Development Committee.

 

2??????? That the Land Development Committee meet at least quarterly.

 

 

OPTIONS:

 

The options are to have a Committee which comprises some, but not all, Councillors; to have no Committee or the recommendation for a Committee comprising all Councillors.?? Given the value of operational land in the property portfolio and its strategic importance to economic development it is recommended that there be a Committee.

 

 

DISCUSSION:

 

At Council?s meeting on 2 October 2008 it was resolved that all Councillors be appointed to the Land Development Committee and that it meet at least on a bi-monthly basis.

 

Over the past 12 months the Land Development Committee has met on 4 occasions being 4 December 2008; 5 March 2009; 4 June 2009 and 17 September 2009.? This would suggest that quarterly meetings are a better fit than the resolved bi-monthly meetings

 

Council has an extensive property portfolio that comprises both operational and community land.? Council has also successfully undertaken entrepreneurial investment in industrial land as a means of encouraging the new industry into the area.

 

The existing portfolio as well as potential property investment requires strategic management and is a matter in which the whole Council should be involved.

 

The Committee should meet on a quarterly basis, if only to update the status of on-going matters.? If there is any urgent matter a separate Committee meeting should be called.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.12??? SF842????????????? 011009???????? Macksville Recreation Centre (Stadium) Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Committee comprises three Councillor representatives and includes three representatives from the Macksville High School and three representatives from the Recreation User Groups.? In 2008/2009 the three Councillors appointed to the Committee were Councillors Finlayson, Moran OAM and South.

 

 

Recommendation:

 

That Council advise the Macksville Recreation Centre Committee that it no longer believes representation by Councillors is required and wishes the Committee well in its endeavours.

 

 

 

DISCUSSION:

 

This Centre was constructed at a cost of $860,000 under the Federal Government's Capital Assistance Program which was made available to this Shire in recognition of our high unemployment.? The Centre was constructed at Macksville High School in agreement with the Department of School Education and on condition that a Community Committee of Management was formed.

 

The Committee comprises three Councillor representatives and includes three representatives from the Macksville High School and three representatives from the Recreation User Groups.? In 2008/2009 the three Councillors appointed to the Committee were Councillors Finlayson, Moran OAM and South.

 

The Stadium Committee meets once per term.

 

Whilst this is technically not a Committee of Council it is appropriate that Council?s representation be reviewed at this time.

 

Given the time that has elapsed and the fact that the users of the Stadium are actively involved on the Committee it is suggested that Council?s participation is no longer required.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.13??? SF21??????????????? 011009???????? Macksville Saleyards Advisory Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

At Council?s meeting on 4 December 2008 it was resolved to reconvene the Macksville Saleyards Advisory Committee to determine mid to long term operational strategies for the Macksville Saleyards.

 

The membership of the Saleyards Advisory Committee was resolved as follows:

 

Chairperson ? Mayor ? Cr Rhonda Hoban

Vice Chairperson ? Michael Jones

Secretary ? Property Officer, Steven Williams

 

 

Recommendation:

 

That the Mayor, Council?s Property Officer and Mr Michael Jones be appointed to the Macksville Saleyards Advisory Committee.

 

 

 

DISCUSSION:

 

At Council?s meeting on 4 December 2008 it was resolved to reconvene the Macksville Saleyards Advisory Committee to determine mid to long term operational strategies for the Macksville Saleyards.

 

The Committee met on 21 April 2009.

 

At Council?s meeting on 7 May 2009 it was resolved that the Saleyards Advisory Committee meet twice a year or as required to discuss the operation and strategic planning of the Macksville saleyards including:

 

a???????????????? to identify opportunities to increase revenue at the Saleyards;

 

b???????????????? having regard to operating budgets to identify and prioritize improvements and repairs to the Saleyards;

 

c???????????????? to make recommendations for future capital improvement programs for the Saleyards;

 

d???????????????? to identify and discuss support industry and legislative requirements for the operation of the Saleyards and sale days;

 

e???????????????? to report to Council on the consideration and recommendations of the Saleyard Advisory Working Group.

 

The membership of the Saleyards Advisory Committee was resolved as follows:

 

Chairperson ? Mayor ? Cr Rhonda Hoban

Vice Chairperson ? Michael Jones

Secretary ? Property Officer, Steven Williams

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.14??? SF842????????????? 011009???????? Nambucca Bushfire Management Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

This Committee addresses the bush fire operational plans and the bush fire management plans.

 

Council has three representatives who attend meetings of this Committee, including the Mayor and one Councillor delegate.

 

The elected member has been Councillor Ainsworth with the Mayor ex officio.

 

 

Recommendation:

 

That Councillor Ainsworth plus the Mayor ex officio be appointed to the Nambucca Bush Fire Management Committee.

 

 

 

DISCUSSION:

 

At Council?s meeting on 2 October 2009 it was resolved that Councillor Ainsworth be appointed to the Nambucca Bushfire Management Committee.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.15??? SF992????????????? 011009???????? Nambucca Emergency Operations Centre
Committee of Management

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

This Committee was formed in March 2007 and includes two Councillors with one of them to be the Chairperson.? At Council?s meeting on 2 October 2008 it was resolved that Councillors Ainsworth and Moran OAM be appointed to the Committee of Management.

 

 

Recommendation:

 

That Councillors Ainsworth, Moran OAM and Director Engineering Services Mr Bruce Redman be appointed to the Nambucca Emergency Operations Centre Committee of Management.

 

 

OPTIONS:

 

Appoint two Councillors.

Appoint any number of Councillors.

Disband the Committee of Management.

 

DISCUSSION:

 

The Committee was formed in 2007 and given the following functions:

 

?????? To review current management arrangements of the facility.

 

?????? To review the allocation of building space?office, storerooms and garaging.

 

?????? To identify deficiencies in the facility and to develop a forward plan of upgrades and modifications.

 

?????? To identify future needs that take into account growth in staff numbers, associated facilities and to prepare a forward plan of building extensions and/or replacement.

 

?????? To identify future funding needs and funding sources for maintenance and the implementation of the forward plans.

 

Council also determined that the composition of the Committee would be as follows:

 

?????? Two Councillors (one to Chair)

?????? 1 Director Engineering Services

?????? 1 Rural Fire Service Staff Member

?????? 1 Rural Fire Service volunteer

?????? 1 State Emergency Service Controller

?????? 1 State Emergency Service Volunteer.

 

At Council?s meeting on 2 October 2008 it was resolved that Councillors Ainsworth and Moran OAM be appointed to the Committee of Management.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.16??? SF842????????????? 011009???????? Nambucca Entertainment Centre

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council established the Entertainment Centre as a Bicentennial project and this is one Committee of Management where Council has exercised its right to have delegates in attendance at Committee meetings.

 

The Committee has included two Councillor representatives as Delegates.

 

In 2008/2009 the elected members were Councillor Smyth and Councillor Ballangarry OAM.

 

 

 

Recommendation:

 

That Councillor Smyth and Ballangarry OAM be appointed as Council?s delegates to the Nambucca Entertainment Centre Committee of Management.

 

 

 

DISCUSSION:

 

A single Councillor representative would suffice.? Council can elect to have two or more representatives if it wishes.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.17??? SF842????????????? 011009???????? Nambucca Heads High School Gymnasium Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

At the time of the construction of the Nambucca Heads High School, Council entered into an agreement with the Department of School Education to provide a multi functional indoor stadium/basketball court on condition that a community committee was formed to have the management of same.? Council has an investment of $195,000 in this project.? This project is along lines similar to other schemes in other areas including Bellingen and Melville High School (Kempsey).

 

 

 

Recommendation:

 

1??????? That an enquiry be made with Nambucca Heads High School to ascertain whether the Gymnasium Committee is still functioning and whether Council?s involvement is still required.

 

2??????? Pending an answer to recommendation 1, that no Councillors be appointed to the ????????? Committee.

 

 

 

discussion:

 

At Council?s meeting on 2 October 2008 it was resolved that, ?any available Councillor attend the meetings of the Nambucca Heads High School Gymnasium Committee?.

 

Council has no record of the Committee having met over the past 12 months.

 

An enquiry should be made with Nambucca Heads High School to ascertain whether the Committee is still functioning.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.18??? SF842????????????? 011009???????? Nambucca River Estuary and Coastline Management Committee

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning; Michael Coulter, General Manager ????????

 

Summary:

 

The Nambucca River Estuary and Coastline Management Committee (NRE&CMC) was established during 2007 after Council developed Terms of Reference and nominations were invited from interested persons.? The Committee membership of 40 is considered unwieldy and expensive to administer.? As an example the costs associated with the production and distribution of the agenda papers for the 10 July 2009 meeting was approximately $3,900. The costs for the 7 September 2009 meeting were slightly less at $3,500.

 

There are a number of options which Council may consider to manage the costs and logistics of this very large Committee.

 

The preferred option is that Council look at winding up the Committee when its current major project, the Nambucca River Master Plan, is finalised.

 

 

Recommendation:

 

1????????? That all interested Councillors in addition to the Mayor as Chairperson, be appointed to the Nambucca River Estuary and Coastline Management Committee.

 

2????????? The membership of the Committee be as per the table in the report which is the current membership.

 

4????????? The Committee?s terms of reference be restricted to the finalisation of the Nambucca River Master Plan and the Committee be discontinued following finalisation of the Master Plan.

 

 

 

OPTIONS:

 

Whilst Council could choose to retain the Committee as is; reduce the numbers on this committee; or provide a ?sunset? to the Committee as recommended.

 

 

DISCUSSION:

 

The role of the Committee is to:

 

a??????? Provide overall guidance for future management of Nambucca LGA?s river estuaries, coastal floodplains, coastal zone and flood risk in accordance with the NSW Coastal Policy, Flood Policy, State Rivers and Estuary Policy and NSW Wetlands Policy.

 

b??????? Oversee various investigations and studies that are required to evaluate flood risk, coastal zone and estuarine management options.

 

c??????? Assist Council in the preparation of Flood, Estuary and Coastal Zone Management Plans for all Nambucca Shire?s estuaries and coasts in accordance with the State Government Flood, Coast and Estuary Management Manuals.

 

d??????? Explore opportunities and assist Council in obtaining funding for works and projects that are:

 

i???????? identified as scheduled actions in Flood, Estuary and/or Coastal Management Plans;

 

ii??????? deemed necessary to effect improved management of coastal and estuary systems prior to the development of such plans.

 

e??????? Act as an advisory body to Council on coastal and estuary issues.

 

f???????? Provide a forum for open discussion, debate and education on coast, flood and estuary issues.

 

g??????? Provide linkages to other natural resource management committees, the catchment management board and community/stakeholder groups.

 

Council staff and State Government Agency representatives do not have Committee voting rights but provide advice in relation to their departmental functions and their area of expertise.

 

All other appointed members have one (1) vote each with the Chairperson having one ordinary vote and one casting or second vote, if required, all in accordance with Council?s adopted Code of Meeting Practice.

 

The composition of the Committee is as follows:

 

NUMBER

MEMBERSHIP

 

1

Mayor

Chairperson

 

9

Councillors

All interested

 

10

Oyster Growers

1 Member

 

11

Fishing

1 Member

 

12

Water Users (Industry)

1 Member

 

13

14

Agriculture

NSW Farmers Association

Landcare

 

15

16

17

Chambers of Commerce

Macksville & District Chamber of Commerce

Nambucca Heads Chamber of Commerce

Bowraville Chamber of Commerce

 

19

Affected Landowners (Residential)

2 Members

 

20

Affected Landowners (Business)

1 Memeber

 

21

22

Environmental Groups:

Nambucca Valley Conservation Association

Crosswinds Wetland Nature Reserve

 

23

24

24

Aboriginal Groups:

Unkya LALC

Nambucca LALC

Bowraville LALC

 

25

Nambucca Valley River Users Group

1 Member

 

27

Interested Community Members

2 Members

 

36

Technical/Government Agency Representatives

DECC (1 Flooding & 1 Estuary/Coastal); MARITIME; LANDS; CMA; DPI(FISHERIES); SES; COMMERCE; DWE

 

40

Council Staff

General Manager; Director Environment & Planning; Director Engineering Services; Environmental Compliance Officer.

 

Whilst meetings are normally held on the first Wednesday of every third month commencing at 8.30 am, the scheduling of recent meetings has had to align with milestones for projects currently underway or to enable draft briefs to be presented to the committee before being referred to Council for final endorsement, which has seen meetings being held on a Monday, Wednesday and Friday.

 

A number of logistical issues associated with the distribution of agendas and the various reports that accompany the agenda items arise with such a large committee.

 

As an example the costs associated with the production and distribution of the agenda papers for the 10 July 2009 meeting was approximately $3,900. The costs for the 7 September 2009 meeting were slightly less at $3,500.

 

These costs are likely to continue at many meetings over the next 12- 24 months due to projects still to come to, or back to the committee including the Nambucca River Master Plan in its final form which is likely to contain a number of additional diagrams and 50 ? 100 additional pages, The Lower Nambucca Flood Study update, The Nambucca River Coastal Hazard Management Plan, The Deep Creek Flood Study, Nambucca River Flood Study Review and the Local Adaptation Pathways Program

 

There are a number of options which Council may consider to manage the costs and logistics of this very large Committee.

 

Firstly, Council could look at reducing the size of the Committee.? This is difficult because of the number of groups with an interest in the Nambucca River.

 

Secondly, Council could look at forming a Technical Committee, with recommendations being referred to Council for consideration, endorsement and/or determination.? The Technical Committee could comprise 2 Councillors; government agency representatives and Council staff.? Such a Committee would lack any representation from the public which is perhaps the strongest argument for having a Committee.

 

Thirdly, Council could look at winding up the Committee when its current major project, the Nambucca River Master Plan, is finalised.? A number of new projects such as the Lower Nambucca Flood Study update, the Deep Creek flood study and the Nambucca River flood study review are more technical in nature than the Estuary Management Plan and Master Plan with possibly less opportunity for input by the Committee than the projects completed to date.? However community input into these new projects will still be sought via a public exhibition process prior to their finalisation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts with this report.

 

The Nambucca River Estuary and Coastline Management Committee take environmental issues into account when dealing with individual matters, reports and projects.

 

Social

 

There are no social impacts with this report.

 

The Nambucca River Estuary and Coastline Management Committee take social issues into account when dealing with individual matters, reports and projects.

 

Economic

 

There are no economic impacts with this report.

 

The Nambucca River Estuary and Coastline Management Committee take economic issues into account when dealing with individual matters, reports and projects especially the benefits and impacts with river usage, water quality, bank stabilization etc.

 

Risk

 

The Nambucca River Estuary and Coastline Management Committee are presented with numerous risks which must be all taken into account. Flooding, natural and coastal processes, climate change will continue to place a greater risk consideration when dealing with individual matters, reports and projects.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs associated with the servicing of this large committee are covered by Council?s civic responsibility and governance budgets.? The recommendation will provide a saving to the budget estimated at between $3,000 and $4,000 per meeting.

 

Source of fund and any variance to working funds

 

No variations are required or sought.

 

Attachments:

1View

24158/2009 - Letter from Nambucca Heads Community Action Group

 

2View

24349/2009 - E-mail - Mr Lourey

 

?

?


Ordinary Council Meeting - 1 October 2009

Nambucca River Estuary and Coastline Management Committee

Attachment 1

24158/2009 - Letter from Nambucca Heads Community Action Group

 

?


Ordinary Council Meeting - 1 October 2009

Nambucca River Estuary and Coastline Management Committee

Attachment 2

24349/2009 - E-mail - Mr Lourey

 

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.19??? SF842????????????? 011009???????? Nambucca Shire Traffic Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

In order to deal with the large number and range of traffic matters effectively, the RTA has delegated certain aspects of the control of traffic on local roads to this Committee.? In the sense that Council does not control or determine recommendations from the Traffic Committee it is not a Committee of Council but rather a Committee which provides the RTA with local advice in relation to a range of matters.

 

The Committee is composed of four formal members each with one vote.? These four members are a representative from Council, the NSW Police and the RTA and the Local State Member of Parliament or his/her nominee.? Council's representative and Chairperson is the Director Engineering Services.?? Former Councillor Barry Duffus continues to serve on the Committee as the representative of the Hon. Andrew Stoner MP.? It is anticipated that this arrangement will continue.

 

 

Recommendation:

 

That Council note the membership and operation of the Nambucca Shire Traffic Committee.

 

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.20??? SF962????????????? 011009???????? NSW North Coast Weed Advisory Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council is a member of the North Coast Weed Advisory Committee.? Cr Ainsworth was appointed to the Committee on 6 November 2008.

 

 

Recommendation:

 

That Councillor Ainsworth and Council?s Noxious Weeds Inspector be appointed to the NSW North Coast Weed Advisory Committee.

 

 

 

DISCUSSION:

 

Council is a member of the North Coast Weed Advisory Committee.? On 6 November 2008, Cr Ainsworth was appointed as this Council?s representative.? Council?s Noxious Weeds Inspector is also part of the Committee?s Executive.

 

The Committee meets quarterly in February, May, August and November.? Contact is generally made by electronic communication, with agenda papers sent two weeks prior to meetings and minutes of meetings made available as soon as practicable after the meetings.

 

The NSW North Coast Weed Advisory Committee is widely regarded as the leading organisation for weed management in the area.? A broad range of stakeholders are involved, such as Local government Weed Officers, NSW DPI, NSW DECC NPWS, Forests NSW, Northern Rivers CMA, ARTC, Country Energy, NSW Farmers Association, local RLPB, Northern Coast Environment Council and Northern Rivers Landcare Network.

 

The objectives of the Committee are:

 

To promote awareness of noxious and environmental weeds within the community

To advise the members of the NSW North Coast Weed Advisory Committee on weed matters relating to declaration, control and promotion for the Region

To recommend weed policy, declaration, control and promotion to member organisations

To promote a positive approach to those people and organisations that are interested in noxious and environmental weeds

To educate, train and encourage persons and organisations in all matters relating to noxious and environmental weeds and their control.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.21??? SF842????????????? 011009???????? Plant Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

At Council?s meeting on 2 October 2008, it was resolved that the Plant Committee comprise four Councillors, the Mechanic, the Overseer, a Finance person and an Engineer.? The elected representatives appointed to the Committee were Councillors Ainsworth, Finlayson, Moran OAM and South.

 

 

Recommendation:

 

That Councillors Ainsworth, Finlayson, Moran OAM and South be appointed to the Plant Committee.

 

 

 

OPTIONS

 

The previous arrangement has been as follows:

 

1??????? That four Councillors be appointed to the Plant Committee with the Mayor ex officio

2??????? That four staff be appointed to the Plant Committee being the Plant Supervisor, the Senior Overseer, the Manager Civil Works and the Finance Officer.

 

The reports considered by the Plant Committee can be brought to the General Purpose Committee so another option is that the Committee be discontinued.

 

 

DISCUSSION:

 

This Committee was reformed at Council's meeting held on 7 November 1996 to look at purchasing and maintenance of Council machinery.

 

At Council?s meeting on 2 October 2008, it was resolved that the Plant Committee comprise four Councillors, the Mechanic, the Overseer, a Finance person and an Engineer.? The elected representatives appointed to the Committee were Councillors Ainsworth, Finlayson, Moran OAM and South.

 

There have been 2 meetings of the Plant Committee in the past 12 months.? The Committee met on 29 January 2009 and considered a report on plant operation, the plant replacement schedule, leasing of light fleet and a report on the Paveliner operations.? The meeting on 19 June 2009 also considered a report on plant operation and the plant replacement schedule.

 

The Plant Committee needs to apply itself to policy and resource allocation and not operational matters.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.22??? SF842????????????? 011009???????? Vehicular Access to Beaches Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets, often in conjunction with Kempsey Shire and Port Macquarie-Hastings Shire Councils in order to address to workings of the policy including standard of access, signage, repairs to access, fees etc.

 

At Council?s meeting on 2 October 2008 a ballot was conducted to determine Councillor representatives.? Following the ballot Councillors Ainsworth, Finalyson and Moran were appointed to the Committee.

 

 

Recommendation:

 

That Councillors Ainsworth, Finlayson, and Moran OAM be appointed to the Vehicular Access to Beaches Committee with the Mayor as ex officio.

 

 

 

DISCUSSION:

 

Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets, often in conjunction with Kempsey Shire and Port Macquarie-Hastings Shire Councils in order to address to workings of the policy including standard of access, signage, repairs to access, fees etc.

 

The philosophy is to enable residents and visitors to participate in beach fishing in remote beach locations.

 

The Committee comprises three Councillor representatives, one of whom is the Mayor as ex officio, appropriate Council officers and Honorary Rangers.

 

This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.

 

At Council?s meeting on 2 October 2008 a ballot was conducted to determine Councillor representatives.? Following the ballot Councillors Ainsworth, Finalyson and Moran were appointed to the Committee.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.23??? SF842????????????? 011009???????? Water and Sewerage Projects Steering Committee

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Committee comprises all Councillors, the General Manager, the Director Engineering Services; Manager Water and Sewerage; a representative of the Department of Water & Energy; and the Department of Commerce Project Manager for the Bowraville off stream storage.

 

 

 

Recommendation:

 

That all Councillors be appointed to the Water & Sewerage Projects Steering Committee.

 

 

 

 

DISCUSSION:

 

The Committee was constituted to provide oversight for major capital works projects.? In the context of the planning work underway for Integrated Water Cycle Management Strategy; the off stream water storage at Bowraville and the upgrade of the Nambucca Heads sewage treatment plant, this Committee has important responsibilities.

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.24??? SF842????????????? 011009???????? Committees of Management - Facilities and Events

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council has many other Section 355 Committees managing Council facilities and also staging community events.? At Council?s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the Annual General Meeting (AGM) of each facility or event Committee of Management.

 

 

Recommendation:

 

That Council note the roster for the attendance at the Annual General Meeting .

 

 

 

DISCUSSION:

 

It should also be noted that all Councillors are, by virtue of their office (ex officio) entitled to attend all meetings of Committees of Council.

 

However, although Councillors may attend in an ex officio capacity they do not necessarily have a right to vote.? That right to vote attaches to their appointment as a representative or member or delegate as appropriate.

 

At Council?s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the AGM of each facility or event Committee of Management.

 

Committee of Management

Roster for AGM Attendance

Argents Hill Hall

Cr Flack

Australia Day

General Manager

Bowraville Folk Museum

Cr Finlayson

Back to Bowra Hinterland Festival

Cr Ballangarry OAM

Bowraville Pioneer Community Centre

Cr Ballangarry OAM

Bowraville Sports Ground

Cr Finlayson

Burrapine Public Hall

General Manager

Coronation Park

Cr Smyth

Crosswinds Wetland Nature Reserve

Cr Moran OAM

Donnelly-Welsh Playing Fields

Committee not active

E J Biffin Playing Fields

Cr Hoban

Eungai District Community & Hall Council

Cr Moran OAM

Eungai Community Pre-School

General Manager

Goldie Nature Park

Committee not active

Gordon Park Rainforest Walk

Cr Smyth

Grants Hall/Bowraville & District Youth Club

Cr Flack

Gumma (Boulton?s) Crossing

Cr Ainsworth

Macksville Gift

Cr Moran OAM

Macksville Netball Courts

General Manager

Macksville Park and Sports

Cr Moran OAM

Macksville Senior Citizens Centre

Cr Ainsworth

Macksville Showground

Cr Ainsworth

Macksville Tennis Courts

General Manager

Mary Boulton Pioneer Cottage and Museum

Cr Ainsworth

Missabotti Community Centre

Cr Flack

Nambucca District Band

Cr Ballangarry OAM

Nambucca Heads Museum

Cr Smyth

Nambucca Heads Tennis Club

Cr Smyth

Nambucca Senior Citizens

Cr Smyth

 

North Macksville Playing Field

Cr Moran OAM

 

 

Scotts Head New Year Eve Celebrations

Cr Court

 

 

Scotts Head Sports Fields

Cr Court

 

 

Scotts Head Tennis Courts

Cr Court

 

 

South Arm Hall

Cr Ballangarry

 

 

Talarm Hall

Cr South

 

 

Taylors Arm Hall

Cr South

 

 

Taylors Arm Sports Reserve

Cr South

 

 

Tewinga Community Centre

Cr Moran OAM

 

 

Unkya Reserve

General Manager

 

 

Utungun Community Centre

Cr South

 

 

Valla Beach Tennis Club

Cr Hoban

 

 

Valla Beach Urban and Hall

Cr Hoban

 

 

Valla Public Hall

Cr Hoban

 

 

Warrell Creek Public Hall

Cr Court

 

 

Welsh Pioneer Park

Cr Finlayson

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.25??? SF355????????????? 011009???????? Tabling of Returns Disclosing Interests of Councillors and Designated Persons

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Local Government Act 1993 requires that Councillors and designated persons submit returns disclosing their pecuniary interests and other matters annually.

 

 

Recommendation:

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2009, be tabled.

 

 

 

OPTIONS:

 

There are no options.? Section 450A of the Act requires the returns to be tabled.

 

 

DISCUSSION:

 

The General Manager is obliged to ensure returns are tabled in accordance with Section 450A of the Local Government Act.

 

In accordance with Section 450A of the Local Government Act, I hereby inform Council that returns disclosing interests of Councillors and designated persons have been received from:

 

Councillors

Rhonda Marion Hoban

John McDonald Ainsworth

Martin Lambert Ballangarry OAM

Janet Elza Court

Brian John Finlayson

Paula Margaret Flack

Michael Andrew Moran OAM

Anne Mary Smyth

Elaine South

 

Designated Staff

Michael Andrew Coulter

Gregory Dane Meyers

Bruce Ronald Redman

 

 

CONSULTATION:

 

There has been follow up of outstanding returns.

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.26??? SF959????????????? 011009???????? Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

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

 

 

 

Recommendation:

 

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

 

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

JULY 2008

1

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.

Follow up letter sent 9 April.

 

2

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.

Interested parties will need to identify potential uses for inclusion in revised plan of management.

Local cricket and soccer associations to be contacted regarding use of the fields.

No response as at 22 June 2009.

 

Consider no interest.? Prepare draft plan November 2009.

 

Preparation of Plan of Management commenced.


 

OCTOBER 2008

3

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.

Separate assessments underway for:

 

Ellis Ave & Doyle Lane Landslips:

????? Survey complete. GHD site mapping complete. Lab testing completed.? Property boundaries defined. Concepts 2 weeks, report 6 weeks.

 

Catchment Assessment:

?????? Draft report received on 21 August 2009

????? Under review by Council staff.

 

Draft returned to GHD with comments.

 

NOVEMBER 2008

4

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

DECEMBER 2008

 

5

SF688

4/12/08

That during the first half of 2009/10?? 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.

Ads to appear 17 September 2009.

 

Submissions being received and considered.

 

It is proposed to prepare a brochure on the achievements of the Environmental Levy over the past 4? years and to undertake a community survey on the continuation on the Environmental Levy and includes the Committees views on this Council?s commitment to Climate Change.

 

 

6

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 in Draft Budget.

16 April 2009 meeting.

Deferred until draft Nambucca River Master Plan prepared.

 

 

FEBRUARY 2009

 

7

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

 

Preparation of Plan of Management commenced.

 

8

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

DES to meet Country Energy to discuss further.

Meeting 15 June 2009?Cancelled

Now 13 July 2009

Country Energy advises:

??????? Council can nominate a future time to energise the lights rather than with subdivision release

??????? There have been a number of faulty light sensitive cells installed that are allowing lights to turn on during the day

??????? They will shortly be reconsidering energy saving street lamps for new and replacement situations

??????? The annual report from Country Energy will shortly be available.

A full report will be prepared on all these matters when the annual report arrives.

 

 

MARCH 2009

 

9

DA09/049

5/03/09

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

 

DES

Letter sent.

No response as at 24 March 2009.

RTA advised 6 April 2009 that they will review and advise Council of outcome.

Follow up letter sent to RTA.

Verbal advise that on-site assessment done.

Verbal request to provide a response.

No written notification 10 August 2009.

No written notification 21 August 2009.

 

Further requests for response made 3 Sept 2009.? No written notification as at 21 Sept.

 

 

10

SF791

19/03/09

That a report back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

 

 

GM

Report to come back following advertising.

 

DES to investigate potential for closure of part of the road to add to the industrial land.

 

Surveyor to identify services and boundaries.

 

Services already allowed for in lot plan

 

APRIL 2009

 

11

SF959

16/04/09

Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.

Clrs

A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan.? Report to be completed by June 2009.? Subcommittee to report by March 2010.

Review will now have to be in accordance with new legislation.? Meeting date for Committee is 10 August 2009.

Next meeting for Councillors Court, Flack, Smyth and South is scheduled for 9.00 am Meeting held Monday 24 August 2009.

Meeting held 8 Sept 2009.

Next meeting scheduled for 30 Sept 2009.

 

 

12

SF1305

16/04/09

Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009.? Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.

 

GM

Letters sent 21 April 2009.

Follow-up letter sent 28 May 2009.

DES to write to RTA requesting a program as to when they will make determinations and when emergency funds will be available.

Letter sent.

No response at 10 August 2009.

 

The RTA is endeavouring to respond to all claims as they are received by either site inspection or photographic evidence assessment.? RTA office advises all Councils that urgent issues, particularly those involving public safety, can be discussed and if possible agreed by phone and email to expedite their early restoration.

 

Claims from all affected parties are not received at the one time, and many involve staged submissions, inspections and complex investigation and design for the restoration of slips and bridges.? As such, it is not possible to advise a timetable.

 

 

MAY 2009

 

13

SF959

07/05/09 & 4/6/09

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

 

DEP

To be reported 21 May 2009.

Deferred to June 2009 to enable all options to be considered.

See item in business paper 4/6/2009.

 

Council again write to Dept Water & Energy

Letter sent 10 June 2009.

No response as at 6 July 2009.

Further follow up letter sent 27 July 2009.

Further follow up letter sent 10 September.

 

No response as at 22 September 2009.

 

 

14

SF21

07/05/09

Council investigate the implementation and costs of an effluent management system at the Saleyards

 

GM

August 2009.? Council?s Engineering Designer? is delayed with natural disaster work and preparing a design for Council?s industrial land in Nambucca Heads.? To be reported in November along with the future operation of the saleyards generally.

 

 

15

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

November 2009

Follow-up letter sent.

No reply at 17 July 2009

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

No reply expected until Scotts Head Master Plan completed

 

 

16

SF1213

07/05/09

Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.

 

GM

November 2009

 

17

SF1213

07/05/09

Council review the cycleway plan so as to ensure its funding requirements are realistic.

 

DES

December 2009

 

18

SF1213

07/05/09

Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

 

GM

September 2009.? Delayed to October 2009.

 

19

SF1269

21/05/09

Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.

 

DES

Letter sent 18 June 2009.

No reply at 17 July 2009 ? simply acknowledged.

No reply at 21 August 2009.

No reply at 7 September 2009.

No reply at 21 September 2009.

 

 

20

SF452

21/05/09

Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.

 

DES

Local DECC office advised by letter of Council?s intention.

Formal proposal for Minister being prepared.

 

Positive progress being made with DECC rep.

 

Information provided on sampling.

 

21

SF452

21/05/09

Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.

 

DES

Report to July 2009.

Proceeding to provide 3 addition monitoring bores at the Cost of $3,000.

Defer until need determined.

Water quality meets standards downstream.

On-hold.

 

 

JUNE 2009

 

22

SF1269

4/6/2009

Report on options for pedestrian safety for Wallace Street in consultation with M&D Chamber of Commerce

 

DES

Report September GPC.

Preliminary concepts forwarded to Chamber for 1st round of comment.

Report will be prepared for Council once comment is received.

 

 

JULY 2009

 

23

SF769

2/7/2009

Council make representations in conjunction with Bellingen Shire Council to the RTA and Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road and seek a deputation to meet the Minister

 

GM

Letters drafted 6/7/09

 

Agreement obtained from Bellingen Council.? Agreement being sought from RTA. Brief prepared for Geotechnical Consultants.

Expressions of interest being sought for an Options Study.

RTA has approved options study.

In relation to deputation follow up letter sent 10 Sept 2009.

 

 

24

SF736

2/7/2009

A review of the strategic direction for the Aboriginal Youth Worker project be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.

 

DEP

January 2010

 

Due to the resignation of the Officer this project is now being reviewed in consultation with State Government Agencies and will be reported to Council.

 

25

SF225

16/07/09

That Council write to the NPWS concerning relocation of dingoes to Yarrahapinni/Way Way area.

 

GM

Letter sent 21/7/09

 

26

SF283

16/7/09

Option for a rebated access ramp in lieu of removal of podium in Council Chambers be put to the Access Committee.

 

DEP

Matter presented to Access Committee 28 July 2009.

Matter deferred for consideration at next Access meeting.

 

27

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

 

28

SF1272

16/07/09

Council consider the need and cost of a consultant to identify and recommend improvements to existing records management practices in the 2010/11 budget.

 

GM

To be reported on in March 2010.

 

29

SF1213

16/07/09

Council undertake a workshop to explain the making of rates and rating categories generally.

 

GM

Scheduled for GPC on 14/10/09

 

30

SF741

16/07/09

Council persevere with improving the operator and equipment efficiency of the Paveliner for a further 6 months before receiving a report and assessing other options including pothole patching being undertaken by contractors.

 

DES

January 2010.

 

AUGUST 2009

 

31

SF1269

06/08/09

Council receive a report on the tests conducted on the piers of the Congarinni Bridge.

 

DES

15 October 2009.

 

 

32

SF382

06/08/09

Scotts Head Draft Master Plan.? Preparation of a business plan and finalisation of principles.

 

DES

The Department of Lands and consultants to attend Council on a date to be fixed.

 

Dates of GPC 17/9 and 14/10 suggested.

 

Briefing by Department on 14 October confirmed.

 

 

33

SF1102

06/08/09

Advice on legal consequences of not proceeding with draft IWCM strategy; advice from DWE re not proceeding with draft IWCM strategy; application for grant funding of $20m from the Commonwealth.? Also that Council review its drought management strategy.

 

GM

Letters sent.? A meeting has been sought with Minister for Water and Climate Change in Port Macquarie on 25 August 2009.

 

Discussions to be arranged with DWE on review of drought management strategy.

 

Council to be advised on time line for review.

 

 

34

SF285

06/08/09

Council write to Coffs Harbour City Council enquiring as to whether the proposed Coffs Coast rail motor service has progressed.

 

GM

Letter sent to Coffs Harbour GM on 14/8/09.

 

35

SF1131

06/08/09

A meeting be sought with the Minister for Roads to outline and support the submission for funding for Riverside Drive.

 

DES

Letter sent.

 

36

SF1269

20/08/09

Council review its Code of Conduct.

 

GM

October 2009.

 

37

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed.

 

38

QWN 263

20/08/09

Irvines Road ? Piggery - DA

 

DEP

DA received and being assessed.

 

Assessment deferred pending outcome of legal advice.

 

 

39

5.2

Notice of Motion

20/08/09

Council receive a bimonthly report that individually lists all required flood restoration work and the current status of each job.

 

DES

19 November 2009

18 February 2010

15 April 2010

 

40

SF1269

20/08/09

Council write to the RTA requesting immediate reimbursement of expenditure on emergency works subsequent to the flood events earlier this year.

 

DES

Advice received on 4 September 2009.

 

41

5.5

Notice of Motion

 

20/08/09

Council review its Street Tree Guidelines policy

 

DES

November 2009.

 

 

42

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

 

43

Q With N

20/08/09

Cr Flack ? Board displaying policy and reward re tree vandalism and also advice on stabilising slope with trees being killed.

 

DES

October 2009.

Dept of Lands has been asked to consider a vegetation management process to avoid vandalism.

 

Sign expected 24 September 2009.

 

Department does not support this proposal ? see attached letter.

 

 

44

SF843

20/08/09

That an approach be made to Port Macquarie Hastings Council and Kempsey Council seeking a special Professional Fishes Vehicles on Beaches Permit.

 

DES

Letter sent to both Councils.

 

No response at 21 September 2009.

 

 

 

45

SF652

20/08/09

Report to Council on feasibility of Donnelly Welsh Playing Fields as site for Men's Shed

 

DES

Men?s shed to proceed.? They will prepare building plans.? Land will need to be leased.

 

SEPTEMBER 2009

 

46

SF1407

3/09/09

When Council next conducts a ratepayer survey, pose questions concerning importance of climate change and what expenditure priority should be attached to it.

 

 

GM

Next ratepayer survey scheduled for late 2010, 3 years after the last survey.

 

Proposed to bring forward survey with Environmental Levy survey.

 

47

SF1412

3/09/09

GM write to Minister for Education and Training and advise that Council is not in favour of Thistle Park being community land.

 

GM

Letter setting out Council?s reasons sent on 7/09/09.? Department of Education and Training has now agreed for land to be classified operational.? Contracts have been signed and should be exchanged by 1 October 2009.

 

48

SF1360

3/09/09

That Council seek a meeting with the NSW Minister for Transport to request a significant contribution to the replacement of the bridge over Deep Creek.? Andrew Stoner MP to be advised of the situation.

DES

Letter signed by Mayor sent on 18 September 2009.

 

49

SF1407

17/09/09

Report on Milestone 1 of Cities for Climate Protection Program

GM

15 October 2009.

 

50

SF1102

17/09/09

Council seek clarification from the consultants on individual submissions to the draft IWCM report

GM

Consultant advises that individual submissions have been returned to Council.? A response to each submission is being sought from the author of the report (Dept of Commerce).

 

51

SF241

17/09/09

Progress with Draft Nambucca Local Environmental Plan 2009 ? Section 65 certificate and exhibition.

DEP

Receipt of Section 65 Certificate expected by 9 October 2009 to enable 6-8 weeks exhibition prior to end of 2009.

 

52

SF941

17/09/09

Tourism ? list of promotional priorities; opportunity for MOU between Council and NV Tourism Inc; MOU with neighbouring Councils; options for structuring a special rate for tourism marketing.

GM

Work in progress

 

53

SF444

17/09/09

That the DES providing a grading program which is a schedule rather than a policy.

DES

 

 

Attachments:

1View

24366/2009 - Land and Property Management Authority - response

 

?

?


Ordinary Council Meeting - 1 October 2009

Outstanding Actions and Reports

Attachment 1

H:\200910\LPMA RESPONSE TO NAMBUCCA COUNCILS VEGETATION TRIM_.TIF - Land and Property Management Authority - response

 



?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.27??? SF265????????????? 011009???????? Review of Policy - Payment of Expenses and Provision of Facilities for Councillors

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

In accordance with the Department of Local Government - Assessment of Progress in Implementing Promoting Better Practice Review Report ? Council, at its meeting on 16 July 2009 resolved as follows:

 

1??????? That Council give public notice for 28 days of its intention to amend its policy on Payment of Expenses and Provision of Facilities for Councillors in accordance with the circularised amendments.

 

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

 

The public notice period finished on 4 September 2009.? There were no public submissions.? A copy of the draft amended policy is provided at the end of this report.

 

 

Recommendation:

 

That Council adopt the amended policy: Payment of Expenses and Provision of Facilities for Councillors.

 

 

OPTIONS:

 

That Council does not adopt the amended policy.

 

DISCUSSION:

 

Policy ? Payment of expenses and the provision of facilities to Councillors

 

Firstly, recommendation no. 20 of the Promoting Better Practice (PBP) Review Report provides as follows:

 

?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 Department specifically requests that Council review the policy that was adopted on 18 December 2008 to ensure it is consistent with these guidelines, particularly in relation to information on the payment of legal expenses.?

 

The major substantive changes relate to the introduction of carer?s expenses, capped at $500 per annum, and a clear definition of claimable legal expenses.?

 

The amendment was placed on public exhibition in Council's Administration Centre for a period of 28 days closing on Friday 4 September 2009.

 

No submissions were received.

 

CONSULTATION:

 

The amended policy Payment of Expenses and Provision of Facilities to Councillors was placed on public exhibition for 28 days.


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant social implications.

 

Risk

 

There is not significant risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be an impact on the budget if the carer's expense is claimed.? At this stage it is impossible to determine if there will be any claims.? If there are claims the expectation is that they will be minor and have minimal budgetary implications.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

COUNCILLORS?

PAYMENT OF FEES, EXPENSES &

PROVISION OF FACILITIES TO COUNCILLORS - POLICY

 

 

 

Function:? CORPORATE SERVICES

 

 

Adopted: 8 April 2004 (038)?????

Last reviewed: 15 February 2007 (049)

15 November 2007

18 December 2008

11 March 2009

16 July 2009

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

 

 


1.0???? Policy objective

 

1.1?????? To comply with the requirements of the Local Government Act and the Code of Conduct.

 

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

 

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

 

1.4?????? To limit claims by Councillors for resources and expenses to those specifically identified in this policy.

 

2.0???? Related legislation

 

2.1???? Local Government Act 1993, Section 232

2.2???? Local Government Act 1993, Sections 248 to 254

2.3???? Code of Conduct

2.4???? Local Government Remuneration Tribunal

 

 

3.0???? Policy statement

 

3.1???? Annual Fees

 

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

 

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

 

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

 

3.2???? Expenses

 

????????? 3.2.0? Responsibility and Accountability

 

a????????? Councillors are responsible for providing original receipts to support claims for reimbursement of expenses and to complete any documentation in support of a claim for reimbursement.? Only those expenses explicitly covered in this policy will be reimbursed.

 

b????????? Requests for reimbursement must be received within one month of the cost being incurred.

 

c????????? Any advance payment made for the cost of a service associated with a civic duty must be reconciled within one month of receiving such payment.

 

????????? 3.2.1? Travel

 

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

 

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

 

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

 

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

 

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

 

????????? 3.2.2? Sustenance

 

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

 

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

 

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

 

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

 

????????? 3.2.3? Out of Pocket Expenses

 

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

 

b????????? Expenses of a personal nature are excluded

 

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

 

????????? 3.2.4? Internet Connection

 

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

 

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

 

????????? 3.2.5? Carer Expenses

 

Upon submission by a Councillor of a claim for carer?s expenses which is to include a copy of an invoice for such expenses, the Council will reimburse the cost of those expenses up to a maximum annual limit of $500.? Expenses for carer arrangements, including child care expenses and the care of elderly, disabled and/or sick immediate family members of councillors, are payable when a Councillor attends meetings of Council or meetings of any Committee of Council or meetings of any Organisation to which a Councillor has been appointed as a delegate or any other activity which has been authorised by Council.

 

????????? 3.2.6? Councillor Training and Development

 

Council has a separate policy on Councillor training and development.? Council allocates $2,500 per Councillor and $3,500 for the Mayor to support their training and development activities.? The allocation is permitted to accumulate for a period of two years.? Councillors may exceed their budget allocation by resolution of Council.

 

????????? 3.2.7? Legal Costs

 

Councillors are entitled to reimbursement of some legal expenses and to the extent described below:

 

a????????? A Councillor defending an action arising from the performance in good faith of a function under the Local Government Act (section 731 refers); or

 

b????????? A Councillor for proceedings before the Local Government Pecuniary Interest and Disciplinary Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the Councillor.

 

c????????? Legal expenses incurred in relation to proceedings arising out of the performance by a Councillor of his or her functions under the Act should be distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term in office.? An example of the latter is expenses arising from an investigation as to whether a Councillor acted corruptly by using knowledge of a proposed rezoning for private gain.? This latter type of expense will not be reimbursed by Council.

 

d????????? Prior approval for a potential legal expense should be sought from the General Manager before the expense is incurred.

 

e????????? Council will not meet the costs of an action in defamation where a Councillor is either the plaintiff or defendant.

 

f?????????? Council will not meet legal expenses in respect of any legal proceedings initiated by the Mayor and/or councillors in any circumstances.

 

3.3???? Provision of Facilities

 

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

 

????????? 3.3.1? Councillors

 

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

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

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

d????????? A Councillor's Room for official business, located in the Administration Centre and use of the computer in that room.

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

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

 

????????? 3.3.2? Council Information

 

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

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

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

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

 

????????? 3.3.3? Mayor

 

??????????? In addition to those facilities that may be provided to the Councillors as set out in 3.3.1 above, the Mayor is entitled to receive the benefit of:

 

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

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

c????????? A furnished office located in the Administration Centre

d????????? Secretarial services associated with the office of Mayor

e????????? Administrative assistance associated with functions of the office

f?????????? Office refreshments

g????????? A 24 hour access card to the Council offices

h????????? A facsimile machine at place of residence

i?????????? A mobile telephone with car kit, serviced and maintained

j?????????? Use of a computer.

 

 


3.4???? Travel on Council Business

 

????????? 3.4.1? Accommodation

 

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

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

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

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

 

????????? 3.4.2? Travel

 

a????????? Councillors will travel by air service, economy class

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

c????????? Where a Councillor elects to travel by private vehicle, reimbursement will be on a rate per kilometre as per 3.2.1 or equivalent air travel cost, whichever is the least cost.

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

e????????? Council will meet the cost of transferring Councillors from the airport to the hotel and return

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

 

????????? 3.4.4? Reimbursement of Costs

 

a????????? All costs associated with travel on Council business will be paid in advance by Council ie

i. Conference/seminar registration and associated documentation

ii. Travel

iii.? Accommodation

iv.? Sustenance

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

 

Note: Specific provisions relating to conferences and seminars are now contained within Council?s Councillor Training and Development Policy.

 

3.5???? Insurance

 

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

 

????????? 3.5.1? Personal Injury

 

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

 

????????? 3.5.2? Professional Indemnity

 

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

 

????????? 3.5.3? Public Liability

 

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

 

????????? 3.5.4? Councillors' and Officers' Liability (Including Employment Practices Liability)

 

??????????? Applies to cover expenses incurred by Councillors in respect of claims made against them for any alleged wrongful acts arising out of their official capacities (but excludes cover for statutory penalties (see 3.5.5 below).

 

????????? 3.5.5? Statutory Liability

 

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

 

????????? 3.5.6? Personal Effects?Council Premises

 

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

 

?????????

3.5.7???????? Use of Private Motor Vehicle while on Council Business

 

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

 

 

4??????? Accountability

 

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

 

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

 

4.3??????? Facilities supplied to Councillors are not to be converted or modified in any way and may only be used for carrying out the functions of civic office.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.28??? SF1031??????????? 011009???????? Review of Code of Conduct

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

At Council?s meeting on 20 August 2009 it was resolved that Council review its Code of Conduct.

 

Section 440, subsection 7 of the Local Government Act also provides:

 

?A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section.?

 

The recommended changes incorporate additional provisions in relation to:

 

?????? workplace bullying

?????? child protection

?????? alcohol and drugs

?????? occupational health and safety

?????? fraud prevention

?????? lobbying

?????? caucus votes

?????? public comment

 

 

Recommendation

 

That Council adopted the recommended changes to its Code of Conduct.

 

 

OPTIONS:

 

Council has to incorporate all of the provisions of the model code but may include provisions that supplement the model code.

 

DISCUSSION:

 

At Council?s meeting on 20 August 2009 it was resolved that Council review its Code of Conduct.

 

Section 440, subsection 7 of the Local Government Act also provides:

 

?A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section.?

 

The other legislative provisions in Section 440 relevant to Council?s review of its Code of Conduct are as follows:

 

????? ?(3)  A council must adopt a code of conduct (the adopted code) that incorporates the provisions of the model code. The adopted code may include provisions that supplement the model code.

(4)  A council?s adopted code has no effect to the extent that it is inconsistent with the model code as in force for the time being.

(5)  Councillors, members of staff and delegates of a council must comply with the applicable provisions of:

(a)  the council?s adopted code, except to the extent of any inconsistency with the model code as in force for the time being, and

(b)  the model code as in force for the time being, to the extent that:

(i)  the council has not adopted a code of conduct, or

(ii)  the adopted code is inconsistent with the model code, or

(iii)  the model code contains provisions or requirements not included in the adopted code.?

 

The review of Council?s Code of Conduct has been conducted with reference to relatively recent reviews undertaken by Coffs Harbour City Council and Port Macquarie Hastings Council.? Consideration has also been given to the practical operation of this Council?s Code over the past 12 months; the issues which have arisen and how they?ve been dealt with.

 

Recommended changes to Council?s Code of Conduct are shown in the attachment in underlined bold italics.

 

The recommended changes incorporate additional provisions in relation to:

 

?????? workplace bullying

?????? child protection

?????? alcohol and drugs

?????? occupational health and safety

?????? fraud prevention

?????? lobbying

?????? caucus votes

?????? public comment

 

CONSULTATION:

 

There has been no consultation in preparing this report.? The work undertaken by Coffs Harbour City Council and Port Macquarie Hastings Council in reviewing their respective Codes of Conduct is acknowledged.? This has been of great assistance in considering recommended changes to Council?s Code.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The importance of Council?s reputation to its future cannot be underestimated.? This has been strengthened with a recommended introductory comment as follows:

 

?Nambucca Shire Council strives for a reputation of integrity, accountability, fairness and best value.?

 

Economic

 

There are no economic implications.

 

Risk

 

The Code of Conduct should be viewed as an important means of reducing risk to Council by clearly setting out the required standards of behaviour for Council officials together with appropriate sanctions for any breach of its provisions.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

24165/2009 Recommended changes to Code of Conduct

 

??


Ordinary Council Meeting - 1 October 2009

Review of Code of Conduct

Attachment 1

24165/2009 Recommended changes to Code of Conduct

 

 



TABLE OF CONTENTS

 

 

PART 1: CONTEXT. 2

1??????? Introduction. 2

2??????? Definitions. 3

3??????? Purpose of the Code of Conduct 4

4??????? Key Principles. 5

5??????? Guide To Ethical Decision Making. 6

PART 2: STANDARDS OF CONDUCT. 7

6??????? General Conduct Obligations. 7

7??????? Conflict Of Interests. 10

8??????? Personal Benefit 14

9??????? Relationship Between Council Officials. 16

10????? Access To Information And Council Resources. 18

11????? Reporting Breaches. 21

PART 3: PROCEDURES. 22

12????? Complaint Handling Procedures & Sanctions. 22

13????? Complaint Assessment Criteria. 27

14????? Conduct Review Committee/Reviewer Operating Guidelines. 28

 


PART 1: CONTEXT

 

 

This Part of the Code of Conduct establishes the purpose and principles that are used to interpret the standards in the Code. This Part does not constitute separate enforceable standards of conduct.

 

1??? Introduction

 

Nambucca Shire Council strives for a reputation of integrity, accountability, fairness and best value.? Our ratepayers need to have confidence that as Councillors and employees, we will continue to strive to maintain the highest standards in our dealings with the community we serve.

 

This Model Code of Conduct for Local Councils in NSW (?the Model Code of Conduct?) is made for the purposes of section 440 of the Local Government Act 1993 (?the Act?). Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code. For the purposes of section 440 of the Act, the Model Code of Conduct comprises all Parts of this document.

 

The Code is made in three Parts: Context, Standards of Conduct and Procedures.

 

?????? Part 1: Context, establishes the purpose and principles that are used to interpret the standards in the Code. This Part does not constitute separate enforceable standards of conduct.

?????? Part 2: Standards of Conduct, set out the conduct obligations required of council officials. These are the enforceable standards of conduct.

?????? Part 3: Procedures, contains the complaint handling procedures, complaint assessment criteria and the operating guidelines for the conduct review committee/reviewer. This Part should be used to guide the management of complaints about breaches of the Code.

 

Councillors have two distinct roles under the Local Government Act 1993: as a member of the governing body of the council; and as an elected person. Councillors, as members of the governing body, should work as part of a team to make decisions and policies that guide the activities of the council. The role as an elected person requires councillors to represent the interests of the community and provide leadership. The Model Code sets the standard of conduct that is expected when council officials exercise these roles.

 

Councillors, administrators, members of staff of council, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council must comply with the applicable provisions of council?s code of conduct in carrying out their functions as council officials. It is the personal responsibility of council officials to comply with the standards in the code and regularly review their personal circumstances with this in mind. Council contractors and volunteers will also be required to observe the relevant provisions of council?s code of conduct.

 

Failure by a councillor to comply with Part 2, the standards of conduct, of council?s code of conduct constitutes misbehaviour. The Local Government Act 1993 provides for suspension of councillors from civic office for up to six months for proven misbehaviour. For further information on misbehaviour refer to Sections 11 and 12 of this Code.

 

Failure by a member of staff to comply with council?s code of conduct may give rise to disciplinary action.

 

A set of guidelines has also been developed to assist councils to review and enhance their codes of conduct. The guidelines support this Code and provide further information and examples on the provisions in this Code.

 

Nambucca Shire Council?s Code of Conduct is based on the provisions of the Model Code.

2??? Definitions

 

In the Model Code of Conduct the following definitions apply:

 

the Act???????????????????????????????????? the Local Government Act 1993

 

act of disorder?????????????????????????? see the definition in clause 256 of the Local Government (General) Regulation 2005

 

conduct review

committee ?????????????????????????????? a committee of three or more persons independent of council who are selected from those appointed by council to review allegations of breaches of the code of conduct by councillors or the general manager in accordance with the procedures set out in Sections 12, 13 and 14.

 

 

conduct reviewer?????????????????????? a person independent of council who is solely selected from those appointed by council to review allegations of breaches of the code of conduct by councillors or the general manager in accordance with the procedures set out in Sections 12, 13 and 14.

 

conflict of interests???????????????????? a conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

 

council official??????????????????????????? includes councillors, members of staff of council, administrators appointed under section 256 of the Act, members of council committees, conduct reviewers and delegates of council

 

delegate of council??????????????????? a person or body, and the individual members of that body, to whom a function of council is delegated

 

designated person???????????????????? see the definition in section 441 of the Act

 

misbehaviour???????????????????????????? see the definition in section 440F of the Act

 

personal information?????????????????? information or an opinion about a person whose identity is apparent, or can be determined from the information or opinion

 

person independent

of council????????????????????????????????? a person who is not an employee of the council, has no current or ongoing contractual relationship with council in the nature of a contract for services, retainer or contract for the provision of goods of any kind, or is not an employee of any entity with such a contractual relationship.

 

The term ?you? used in the Model Code of Conduct refers to council officials.

 

3???
Purpose of the Code of Conduct

 

The Model Code of Conduct sets the minimum requirements of conduct for council officials in carrying out their functions. The Model Code is prescribed by regulation.

 

The Model Code of Conduct has been developed to assist council officials to:

 

?????? understand the standards of conduct that are expected of them

?????? enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

?????? act in a way that enhances public confidence in the integrity of local government.

 

4???
Key Principles

 

This Model Code of Conduct is based on a number of key principles. It sets out standards of conduct that meets these principles and statutory provisions applicable to local government activities. The principles underpin and guide these standards and may be used as an aid in interpreting the substantive provisions of the Code, but do not themselves constitute separate enforceable standards of conduct.

 

4.1???? Integrity

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

 

4.2???? Leadership

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

 

4.3???? Selflessness

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

 

4.4???? Impartiality

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

 

4.5???? Accountability

You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others.? This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

 

4.6???? Openness

You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands.? This means recording, giving and revealing reasons for decisions; revealing other avenues available to the client or business; when authorised, offering all information; communicating clearly.

 

4.7???? Honesty

You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest.? This means obeying the law; following the letter and spirit of policies and procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

 

4.8???? Respect

You must treat others with respect at all times.? This means not using derogatory terms towards others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision-making.

 

 

5??? Guide To Ethical Decision Making

 

5.1???? If you are unsure about the ethical issues around an action or decision you are about to take, you should consider these five points:

 

?????? Is the decision or conduct lawful?

?????? Is the decision or conduct consistent with council?s policy and with council?s objectives and the code of conduct?

?????? What will the outcome be for the employee or councillor, work colleagues, the council, persons with whom you are associated and any other parties?

?????? Do these outcomes raise a conflict of interest or lead to private gain or loss at public expense?

?????? Can the decision or conduct be justified in terms of the public interest and would it withstand public scrutiny?

 

Conflict of interests

 

5.2???? If you are unsure as to whether or not you have a conflict of interests in relation to a matter, you should consider these six points:

?????? Do you have a personal interest in a matter you are officially involved with?

?????? Is it likely you could be influenced by a personal interest in carrying out your public duty?

?????? Would a reasonable person believe you could be so influenced?

?????? What would be the public perception of whether or not you have a conflict of interests?

?????? Do your personal interests conflict with your official role?

?????? What steps do you need to take and that a reasonable person would expect you to take to appropriately manage any conflict of interests?

 

Political donations and conflict of interests

 

5.3???? Councillors should take all reasonable steps to identify circumstances where political contributions may give rise to a reasonable perception of influence in relation to their vote or support.

 

Seeking advice

 

5.4???? Remember ? you have the right to question any instruction or direction given to you that you think may be unethical or unlawful. If you are uncertain about an action or decision, you may need to seek advice from other people. This may include your supervisor or trusted senior officer, your union representatives, the Department of Local Government, the Ombudsman?s Office and the Independent Commission Against Corruption.

 

?????? Independent Commission Against Corruption? ????????? 8281 5999

?????? NSW Ombudsman????????????????????????????? 9286 1000

?????? NSW Department of Local Government?????????? 4428 4100

 

 


PART 2: STANDARDS OF CONDUCT

 

This Part of the Model Code sets out the conduct obligations required of council officials. These are the enforceable standards of conduct.

 

Failure by a councillor to comply with Part 2, the standards of conduct, of council?s code of conduct constitutes misbehaviour and may constitute a substantial breach for the purposes of section 9 of the ICAC Act 1988. The Local Government Act 1993 provides for suspension of councillors from civic office for up to six months for proven misbehaviour. For further information on misbehaviour refer to Sections 11 and 12 of this Code.

 

Failure by a member of staff to comply with council?s code of conduct may give rise to disciplinary action.

 

6??? General Conduct Obligations

 

General conduct

 

6.1???? You must not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that:

 

a)???? contravenes the Act, associated regulations, council?s relevant administrative requirements and policies

b)???? is detrimental to the pursuit of the charter of a council

c)???? is improper or unethical

d)???? is an abuse of power or otherwise amounts to misconduct

e)???? causes, comprises or involves intimidation, harassment or verbal abuse

f)????? causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

g)???? causes, comprises or involves prejudice in the provision of a service to the community. (Schedule 6A)

 

6.2???? You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the Act or any other Act. (section 439)

 

6.3???? You must treat others with respect at all times.

 

6.4???? Where you are a councillor and have been found in breach of the code of conduct, you must comply with any council resolution requiring you to take action as a result of that breach.

 

Fairness and equity

 

6.5???? You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

 

6.6???? You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

 

Harassment and discrimination and workplace bullying

 

6.7???? You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.

 

6.8???? You must not bully or support others who engage in such behaviour.? Bullying is repeated unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety.? Bullying comprises behaviour that intimidates, offends, degrades, insults or humiliates a worker, possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour.

 

 

Development decisions

 

6.9???? You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

 

6.10?? In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

 

Child Protection

 

6.11?? In relation to children, our Council will engage only in practices that are respectful of and provide security of children and in no way degrade, endanger, exploit, intimidate or harm them psychologically or physically.

 

6.12?? All employees have a responsibility to report to the General Manager allegations and convictions that occur within the workplace.

 

6.13?? Reportable Conduct includes:

???? Any sexual offence, sexual misconduct committed against, with or in the presence of a child (including a child pornography offence), or

???? Any assault, ill treatment or neglect of a child, or

???? Any behaviour that causes psychological harm to a child.

 

6.14?? The General Manager is required to report to the Ombudsman, within 30 days of becoming aware, any reportable allegations or convictions against employees.

 

Alcohol and Drugs

 

6.15?? You must not attend to Council duties if you are under the influence of alcohol or other drugs that could impair your ability to carry out your duties or cause danger to others.? If you are taking prescribed medication that could affect your duties, please discuss it with your supervisor or the General Manager.

 

Occupational Health and Safety

 

6.16?? Under the Occupational Health and Safety Act 2000, all council officials while at work, must take reasonable care for the health and safety of people who are at the place of work and who may be affected by the person?s acts or omissions at work.

 

6.17?? Council officials must, while at work, co-operate so far as is necessary to enable compliance with any requirement under this Act or the regulations that is imposed in the interests of health, safety and welfare of any person.

 

Fraud Prevention

 

6.18?? Council seeks to limit its exposure to fraud by encouraging an ?awareness culture? that fraud within the workplace will not be tolerated.? ?Fraud? means an intentional dishonest act or omission done with the purpose of gaining an advantage, usually a financial benefit from a position of trust and authority.? The types of acts or omissions include, but are not limited to, theft, false pretences, evasion and manipulation of information, misappropriation, larceny, embezzlement and improper destruction or falsification of accounts or records.

 

A basic test for fraud could include the following questions;

 

?????? Was deceit used?

?????? Was the action unlawful?

?????? Did it result in money or other benefits being received to which the person was not entitled?

?????? Was an attempt made to do this?.

7???
Conflict Of Interests

 

7.1???? A conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

 

7.2???? You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

 

7.3???? Any conflict of interests must be managed to uphold the probity of council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

 

7.4???? Private interests can be of two types: pecuniary or non-pecuniary.

 

What is a pecuniary interest?

 

7.5???? A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. (section 442)

 

7.6???? A person will also be taken to have a pecuniary interest in a matter if that person?s spouse or de facto partner or a relative of the person or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter. (section 443)

 

7.7???? Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

 

a)???? councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

b)???? councillors and members of council committees disclose an interest and the nature of that interest at a meeting, leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter (section 451)

c)???? designated persons immediately declare, in writing, any pecuniary interest. (section 459)

 

7.8???? Designated persons are defined at section 441 of the Act, and include, but are not limited to, the general manager and other senior staff of the council.

 

7.9???? Where you are a member of staff of council, other than a designated person (as defined by section 441), you must disclose in writing to your supervisor or the general manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.

 

What is a non-pecuniary conflict of interests?

 

7.10?? Non-pecuniary interests are private or personal interests the council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

7.11?? The matter of a report to council from the conduct review committee/reviewer relates to the public duty of a councillor or the general manager. Therefore, there is no requirement for councillors or the general manager to disclose a conflict of interests in such a matter.

 

7.12?? The political views of a councillor do not constitute a private interest.

 

Managing non-pecuniary conflict of interests

 

7.13?? Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant. You must do this as soon as practicable.

 

7.14?? If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. This disclosure constitutes disclosure in writing for the purposes of clause 7.13.

 

7.15?? How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

 

7.16?? As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

 

a)???? a relationship between a council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person?s spouse, current or former spouse or partner, de facto or other person living in the same household

b)???? other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

c)???? an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

 

7.17?? If you are a council official, other than a member of staff of council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

 

a)???? remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another council official

b)???? have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply

 

7.18?? If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

 

7.19?? If you are a member of staff of council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

 

7.20?? Despite clause 7.17(b), a councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate council?s decision-making role to council staff, or appoint another person or body to make the decision in accordance with the law. This applies whether or not council would be deprived of a quorum if one or more councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 7.17(b) above.

 

Political donations exceeding $1,000

 

7.21?? Councillors should note that matters before council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

 

7.22?? Councillors should take all reasonable steps to ascertain the source of any political contributions that directly benefit their election campaigns. For example, councillors should have reasonable knowledge of contributions received by them or their ?official agent? (within the meaning of the Election Funding Act 1981) that directly benefit their election campaign.

 

7.23?? Where a councillor or the councillor?s ?official agent? has received ?political contributions? or ?political donations?, as the case may be, within the meaning of the Election Funding Act 1981 exceeding $1,000 which directly benefit their campaign:

 

a)???? from a political or campaign donor or related entity in the previous four years; and

b)???? where the political or campaign donor or related entity has a matter before council,

 

then the councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 7.17(b).

 

7.24?? Councillors should note that political contributions below $1,000, or political contributions to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

 

7.25?? If a councillor has received a donation of the kind referred to in clause 7.23, that councillor is not prevented from participating in a decision to delegate council?s decision-making role to council staff or appointing another person or body to make the decision in accordance with the law (see clause 7.20 above).

 

Other business or employment

 

7.26?? If you are a member of staff of council considering outside employment or contract work that relates to the business of the council or that might conflict with your council duties, you must notify and seek the approval of the general manager in writing. (section 353)

 

7.27?? As a member of staff, you must ensure that any outside employment or business you engage in will not:

 

a)???? conflict with your official duties

b)???? involve using confidential information or council resources obtained through your work with the council

c)???? require you to work while on council duty

d)???? discredit or disadvantage the council.

 

Personal dealings with council

 

7.28?? You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

 

Lobbying

 

7.29?? Councillors and staff should be aware that at some time they are likely to be lobbied by a wide range of people including individuals, organisations, companies and developers.? The Code of Conduct and the Act recognise that appropriate lobbying of Councillors is a normal part of the democratic system, and that Councillors have a representative role in considering the views of the constituents and communicating with them.

 

7.30?? Generally, inappropriate and unlawful conduct on the part of someone lobbying a Council official usually involves an attempt to obtain preferential consideration or treatment based on factors other than the merits of a matter.

 

Caucus Votes

 

7.31?? Binding Caucus votes on matters is inconsistent with the obligation of each Council official to consider the merits of the matter before them.? Political group or meetings must not be used to decide how Councillors or Council officials should vote on matters like development applications, particularly where there are specific statutory considerations for each decision maker to consider.

 

Public Comment

 

7.32?? As a Council official you need to know whether you are permitted to make public comment on behalf of the Council or not.? If you are in doubt, authorisation should be obtained from the General Manager.? Public comment includes public speaking engagements (including comments on radio and television), expressing views in letters to the press, or in books or notices or on the internet, where it is reasonably foreseeable that the publication or circulation will enter into the public domain.

 

As a member of the community, Council officials have the right to enter into public debate in a private capacity.? However, Council officials must take care not to give the impression that their comments are made on behalf of Council.? Council staff and Councillors will need to clearly state that the public comment reflects only personal opinion.

 

Council officials (including Councillors) should ensure that they clarify whether or not they are acting on behalf of Council and/or in their public capacity when speaking publicly or attending functions, to avoid situations where this might be directly implied or indirectly inferred that they are representing Council.


 

 

 

8??? Personal Benefit

 

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

 

Token gifts and benefits

 

8.1???? Generally speaking, token gifts and benefits include:

 

a)???? free or subsidised meals, beverages or refreshments provided in conjunction with:

i)??????? the discussion of official business

ii)??????? council work related events such as training, education sessions, workshops

iii)?????? conferences

iv)?????? council functions or events

v)??????? social functions organised by groups, such as council committees and community organisations.

b)???? invitations to and attendance at local social, cultural or sporting events

c)???? gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d)???? ties, scarves, coasters, tie pins, diaries, chocolates or flowers.

 

Gifts and benefits of value

 

8.2???? Notwithstanding clause 8.1, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

 

Gifts and benefits

 

8.3???? You must not:

 

a)???? seek or accept a bribe or other improper inducement

b)???? seek gifts or benefits of any kind

c)???? accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d)???? accept any gift or benefit of more than token value

e)???? accept an offer of money, regardless of the amount.

 

8.4???? Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

 

8.5???? You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

 

8.6???? You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

 

Improper and undue influence

 

8.7???? You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

 

8.8???? You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

9???
?Relationship Between Council Officials

 

Obligations of councillors and administrators

 

9.1???? Each council is a body corporate. The councillors or administrator/s are the governing body of the council. The governing body has the responsibility of directing and controlling the affairs of the council in accordance with the Act and is responsible for policy determinations, for example, those relating to industrial relations policy.

 

9.2???? Councillors or administrators must not:

 

a)???? direct council staff other than by giving appropriate direction to the general manager in the performance of council?s functions by way of council or committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

b)???? in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

c)???? contact a member of the staff of the council on council related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

d)???? contact or issue instructions to any of council?s contractors or tenderers, including council?s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to council?s external auditors who, in the course of their work, may be provided with information by individual councillors.

 

Obligations of staff

 

9.3???? The general manager is responsible for the efficient and effective operation of the council?s organisation and for ensuring the implementation of the decisions of the council without delay.

 

9.4???? Members of staff of council must:

 

a)???? give their attention to the business of council while on duty

b)???? ensure that their work is carried out efficiently, economically and effectively

c)???? carry out lawful directions given by any person having authority to give such directions

d)???? give effect to the lawful decisions, policies, and procedures of the council, whether or not the staff member agrees with or approves of them.

 

Obligations during meetings

 

9.5???? You must act in accordance with council?s Code of Meeting Practice, if council has adopted one, and the Local Government (General) Regulation 2005 during council and committee meetings.

 

9.6???? You must show respect to the chair, other council officials and any members of the public present during council and committee meetings or other formal proceedings of the council.

 


Inappropriate interactions

 

9.7???? You must not engage in any of the following inappropriate interactions:

 

a)???? Councillors and administrators approaching staff and staff organisations to discuss individual staff matters and not broader industrial policy issues.

b)???? Council staff approaching councillors and administrators to discuss individual staff matters and not broader industrial policy issues.

c)???? Council staff refusing to give information that is available to other councillors to a particular councillor.

d)???? Councillors and administrators who have lodged a development application with council, discussing the matter with council staff in staff-only areas of the council.

e)???? Councillors and administrators being overbearing or threatening to council staff.

f)????? Councillors and administrators making personal attacks on council staff in a public forum.

g)???? Councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make.

h)???? Council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

i)????? Council staff meeting with developers alone AND outside office hours to discuss development applications or proposals.

j)????? Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by council associated with current or proposed legal proceedings unless permitted to do so by council?s general manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

 

9.8???? It is appropriate that staff and staff organisations have discussions with councillors in relation to matters of industrial policy.

 

10
Access To Information And Council Resources

 

Councillor and administrator access to information

 

10.1?? The general manager and public officer are responsible for ensuring that members of the public, councillors and administrators can gain access to the documents available under section 12 of the Local Government Act 1993.

 

10.2?? The general manager must provide councillors and administrators with information sufficient to enable them to carry out their civic office functions.

 

10.3?? Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with council procedures.

 

10.4?? Members of staff of council who provide any information to a particular councillor in the performance of their civic duties must also make it available to any other councillor who requests it and in accordance with council procedures.

 

10.5?? Councillors and administrators who have a private (as distinct from civic) interest in a document of council have the same rights of access as any member of the public.

 

Councillors and administrators to properly examine and consider information

 

10.6?? Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with council?s charter.

 

Refusal of access to documents

 

10.7?? Where the general manager and public officer determine to refuse access to a document sought by a councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the councillor or administrator to perform their civic duty (see clause 10.2). The general manager or public officer must state the reasons for the decision if access is refused.

 

Use of certain council information

 

10.8?? In regard to information obtained in your capacity as a council official, you must:

 

a)???? only access council information needed for council business

b)???? not use that council information for private purposes

c)???? not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with council

d)???? only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

 

Use and security of confidential information

 

10.9?? You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

 

10.10? In addition to your general obligations relating to the use of council information, you must:

 

a)???? protect confidential information

b)???? only release confidential information if you have authority to do so

c)???? only use confidential information for the purpose it is intended to be used

d)???? not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

e)???? not use confidential information with the intention to cause harm or detriment to your council or any other person or body

f)????? not disclose any information discussed during a confidential session of a council meeting.

 

Personal information

 

10.11? When dealing with personal information you must comply with:

 

a)???? the Privacy and Personal Information Protection Act 1998,

b)???? the Health Records and Information Privacy Act 2002,

c)???? the Information Protection Principles and Health Privacy Principles,

d)???? council?s privacy management plan,

e)???? the Privacy Code of Practice for Local Government

 

Use of council resources

 

10.12? You must use council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment).

 

Minimal use of telephone (local calls), email, mobile telephone text messaging, internet or faxes for private purposes will be permitted.? Occasional use of photocopier may be permitted with the consent of your supervisor.? STD and mobile telephone calls for private purposes should not be made, except for limited duration calls when an officer is inter or intra state on Council business.? Council staff cannot borrow non-motorised hand tools or motorised plant for private purposes.

 

Equipment required to be taken home for the purposes of Council work is allowed with the approval of the relevant Director.

 

Council resources and equipment must not be used, in any circumstances in relation to a second job.

 

10.13? Union delegates and consultative committee members may have reasonable access to council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

 

a)???? the representation of members with respect to disciplinary matters

b)???? the representation of employees with respect to grievances and disputes

c)???? functions associated with the role of the local consultative committee.

 

10.14? You must be scrupulous in your use of council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

 

10.15? You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

 

10.16? The interests of a councillor in their re-election is considered to be a private interest and as such the reimbursement of travel expenses incurred on election matters is not appropriate. You must not use council letterhead, council crests and other information that could give the appearance it is official council material for these purposes.

 

10.17? You must not convert any property of the council to your own use unless properly authorised.

 

10.18? You must not use council?s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.

 

Councillor access to council buildings

 

10.19? Councillors and administrators are entitled to have access to the council chamber, committee room, mayor?s office (subject to availability), councillors? rooms, and public areas of council?s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

 

10.20? Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or delegate) or as provided in the procedures governing the interaction of councillors and council staff.

 

10.21? Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence council staff decisions.

 

11
Reporting Breaches

 

11.1?? Any person, whether or not a council official, may make a complaint alleging a breach of the code of conduct.

 

11.2?? For the purposes of Chapter 14, Part 1, Division 3 of the Act, failure by a councillor to comply with an applicable requirement of this code of conduct constitutes misbehaviour. (section 440F)

 

Protected disclosures

 

11.3?? The Protected Disclosures Act 1994 aims to encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector.

 

11.4?? The purpose of that Act is to ensure that public officials who wish to make disclosures under the legislation receive protection from reprisals, and that matters raised in the disclosures are properly investigated.[1]

 

11.5?? If a complaint under this code is or could be a protected disclosure, you must ensure that in dealing with the complaint, you comply with the confidentiality provisions of the Protected Disclosures Act set out in section 22:

?An investigating authority or public authority (or officer of an investigating authority or public authority) or public official to whom a protected disclosure is made or referred is not to disclose information that might identify or tend to identify a person who has made the protected disclosure unless:

(a)?? the person consents in writing to the disclosure of that information, or

(b)? it is essential, having regard to the principles of natural justice, that the identifying information be disclosed to a person whom the information provided by the disclosure may concern, or

(c)?? the investigating authority, public authority, officer or public official is of the opinion that disclosure of the identifying information is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.?

 

Reporting breaches of the code of conduct

 

11.6?? You should report suspected breaches of the code of conduct by councillors, members of staff of council (excluding the general manager) or delegates to the general manager in writing.

 

11.7?? Where you believe that the general manager has breached the code of conduct, you should report the matter to the Mayor in writing.

 

11.8?? Where you believe that an administrator has breached the code of conduct, you should report the matter to the Minister for Local Government in writing.

 

11.9?? Councillors should not make allegations of suspected breaches of the code at council meetings or in other public forums.

 


PART 3: PROCEDURES

 

This Part of the Model Code contains the complaint handling procedures, complaint assessment criteria and the operating guidelines for the conduct review committee/reviewer. This Part should be used to guide the management of complaints about breaches of the Code.

 

12 Complaint Handling Procedures & Sanctions

 

12.1?? Complaints about the conduct of councillors, members of staff of council, members of council committees and delegates of council should be addressed in writing to the general manager.

 

12.2?? Complaints about the conduct of the general manager should be addressed in writing to the Mayor.

 

Complaint handling procedures ? staff, delegate and council committee member conduct (excluding the general manager)

 

12.3?? The general manager is responsible for making enquiries, or causing enquiries to be made, into complaints alleging breach of the code of conduct regarding members of staff of council, delegates of council and/or members of council committees (other than councillors), and will determine such matters.

 

12.4?? Where the general manager has determined not to enquire into the matter, the general manager will give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith.

 

12.5?? Enquiries made into staff conduct that might give rise to disciplinary action must occur in accordance with the relevant industrial instrument and make provision for procedural fairness including the right of an employee to be represented by their union.

 

12.6?? Sanctions for staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

 

12.7?? Sanctions for delegates and/or members of council committees depend on the severity, scale and importance of the breach and may include:

 

a)???? censure

b)???? requiring the person to apologise to any person adversely affected by the breach

c)???? counselling

d)???? prosecution for any breach of the law

e)???? removing or restricting the person?s delegation

f)????? removing the person from membership of the relevant council committee

g)???? revising any of council?s policies, procedures and/or the code of conduct.

 

Complaint handling procedures ? councillor conduct

 

12.8?? The general manager is responsible for assessing complaints, made under Section 11.1, alleging breaches of the code of conduct by councillors, in accordance with the assessment criteria provided at Section 13 of this Code, in order to determine whether to refer the matter to the conduct review committee/reviewer.

 

12.9?? The general manager must determine either to:

 

a)???? take no further action and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)???? resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)???? discontinue the assessment in the circumstances where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing, or

d)???? refer the matter to the conduct review committee/reviewer.

 

Complaint handling procedures ? general manager conduct

 

12.10? The Mayor is responsible for assessing complaints, made under clause 11.1, alleging breaches of the code of conduct by the general manager, in accordance with the assessment criteria provided at Section 13 of this Code, in order to determine whether to refer the matter to the conduct review committee/reviewer.

 

12.11? The Mayor must determine either to:

 

a)???? take no further action and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)???? resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)???? discontinue the assessment in the circumstances where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing, or

d)???? refer the matter to the conduct review committee/reviewer.

 

Conduct review committee/reviewer

 

12.12? Council must resolve to appoint persons independent of council to comprise the members of a conduct review committee and/or to act as sole conduct reviewers.

 

12.13? The members of the conduct review committee and/or the persons acting as sole conduct reviewers should be appropriately qualified persons of high standing in the community. These persons do not need to be residents of the local government area of the council that has appointed them.

 

12.14? The conduct review committee, members of such committee and sole conduct reviewers may act in that role for more than one council.

 

12.15? The general manager, or in the case of complaints about the general manager, the Mayor, will undertake the following functions in relation to the conduct review committee/reviewer:

 

?????? provide procedural advice when requested

?????? ensure adequate resources are provided, including providing secretariat support

?????? attend meetings of the conduct review committee if so requested by the committee, and then in an advisory capacity only

?????? provide advice about council processes if requested to do so but not so as to take part in the decision making process

?????? if attending the conduct review committee meeting to provide advice, must not be present at, or in sight of, the meeting when a decision is taken.

 

12.16? Where a matter is to be considered by the conduct review committee/reviewer, then in each case, the general manager, or Mayor in the case of complaints about the general manager, acting in their capacity as advisor, will either convene a conduct review committee and select its members from those appointed by council or alternatively select a sole conduct reviewer from those appointed by council.

 

12.17? The conduct review committee/reviewer will operate in accordance with the operating guidelines at Section 14 of this code.

 

12.18? The conduct review committee/reviewer operating guidelines (Section 14) are the minimum requirements for the operation of conduct review committees/reviewers. Council may supplement the guidelines, but any additional provisions should not be inconsistent with the guidelines.

 

12.19? The conduct review committee/reviewer is responsible for making enquiries into complaints made under clause 11.1 alleging breaches of the code of conduct by councillors and/or the general manager and must determine either to:

 

a)???? not make enquiries into the complaint and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)???? resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, making recommendations to the general manager, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)???? make enquiries into the complaint, or

d)???? engage another appropriately qualified person to make enquiries into the complaint, or

e)???? not make enquiries or discontinue making enquiries where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing. Despite any other provision of this code, this will constitute finalisation of such matters and no further action is required.

 

12.20? Where the conduct review committee/reviewer conducts enquiries or causes enquiries to be conducted, the conduct review committee/reviewer must make findings on whether, in its view, the conduct referred to it comprises a breach of the code of conduct.

 

12.21? Where the conduct review committee/reviewer makes findings, the conduct review committee/reviewer may recommend that council take any actions provided for in this code of conduct that it considers reasonable in the circumstances.

 

12.22? Where the conduct review committee/reviewer makes findings, the conduct review committee/reviewer will report its findings, and the reasons for those findings, in writing to the council, the complainant and the person subject of the complaint.

 

12.23? The conduct review committee/reviewer will report its findings and any recommendations to council only when it has completed its deliberations.

 

Sanctions

 

12.24? Before a council can impose a sanction it must make a determination that a councillor or the general manager has breached the code of conduct.

 

12.25? Where the council finds that a councillor or general manager has breached the code, it may decide by resolution to:

 

a)???? censure the councillor for misbehaviour in accordance with section 440G of the Act

b)???? require the councillor or general manager to apologise to any person adversely affected by the breach

c)???? counsel the councillor or general manager

d)???? make public findings of inappropriate conduct

e)???? prosecute for any breach of law.

 

Councillor misbehaviour

 

12.26? Under section 440G a council may by resolution at a meeting formally censure a councillor for misbehaviour.

 

12.27? Under section 440H, the process for the suspension of a councillor from civic office can be initiated by a request made by council to the Director General of the Department of Local Government.

 

12.28? The first ground on which a councillor may be suspended from civic office is where the councillor?s behaviour has been disruptive over a period, involving more than one incident of misbehaviour during that period, and the pattern of behaviour during that period is of such a sufficiently serious nature as to warrant the councillor?s suspension.

 

12.29? Council cannot request suspension on this ground unless during the period concerned the councillor has been:

 

?????? formally censured for incidents of misbehaviour on two or more occasions, or

?????? expelled from a meeting of the council or a committee of the council for an incident of misbehaviour on at least one occasion.

 

12.30? The second ground on which a councillor may be suspended from civic office is where the councillor?s behaviour has involved one incident of misbehaviour that is of such a sufficiently serious nature as to warrant the councillor?s suspension.

 

12.31? Council cannot request suspension on this ground unless the councillor has been:

?????? formally censured for the incident of misbehaviour concerned, or

?????? expelled from a meeting of the council or a committee of the council for the incident of misbehaviour concerned.

 

12.32? Under section 440H, the process for the suspension of a councillor can also be initiated by the Department of Local Government, the Independent Commission Against Corruption or the NSW Ombudsman.

 

Reporting on complaints

 

12.33? The general manager must report annually to council on code of conduct complaints. This report should include, as a minimum, a summary of the:

 

a)???? number of complaints received,

b)???? nature of the issues raised by complainants, and

c)???? outcomes of complaints.

13
Complaint Assessment Criteria

 

13.1????? The general manager or Mayor, in the case of a complaint about the general manager, will assess a complaint alleging a breach of the code of conduct to determine if the matter should be referred to the conduct review committee/reviewer. In assessing the complaint, the general manager and Mayor will have regard to the following grounds:

 

a)?? whether there is any prima facie evidence of a breach of the code of conduct

b)?? whether the subject matter of the complaint relates to conduct that is associated with the carrying out of the functions of civic office or duties as general manager

c)?? whether the complaint is trivial, frivolous, vexatious or not made in good faith

d)?? whether the conduct the subject of the complaint could reasonably constitute a breach of the code of conduct

e)?? whether the complaint raises issues that require investigation by another person or body, such as referring the matter to the Department of Local Government, the NSW Ombudsman, the Independent Commission Against Corruption or the NSW Police

f)??? whether there is an alternative and satisfactory means of redress

g)?? how much time has elapsed since the events the subject of the complaint took place

h)?? how serious the complaint is and the significance it has for council

i)??? whether the complaint is one of a series indicating a pattern of conduct.

 

13.2????? Complaints that are assessed as not having sufficient grounds to warrant referral to the conduct review committee/reviewer or that are to be referred to a more appropriate person or body can be finalised by the general manager or the Mayor, in the case of complaints about the general manager.

 

13.3????? If a matter is referred to the conduct review committee/reviewer, then the conduct review committee/reviewer should use the above criteria in clause 13.1 for its initial assessment of the complaint and determination of the course to follow in dealing with the complaint.

14
Conduct Review Committee/Reviewer Operating Guidelines[2]

 

14.1?? Jurisdiction of the conduct review committee/reviewer

 

The complaint handling function of the conduct review committee/reviewer is limited to consideration of, making enquiries into and reporting on complaints made under clause 11.1, about councillors and/or the general manager.

 

Complaints regarding pecuniary interest matters should be reported to the Director General of the Department of Local Government and will not be dealt with by the conduct review committee/reviewer.

 

Sole reviewers and members of the conduct review committee are subject to the provisions of this code of conduct.

 

14.2?? Role of the general manager and Mayor

 

The general manager, or in the case of complaints about the general manager, the Mayor, will undertake the following functions in relation to the conduct review committee/reviewer:

?????? provide procedural advice when requested

?????? ensure adequate resources are provided, including providing secretariat support

?????? attend meetings of the conduct review committee if so requested by the committee, and then in an advisory capacity only

?????? provide advice about council processes if requested to do so but not so as to take part in the decision making process

?????? if attending the conduct review committee meeting to provide advice, must not be present at, or in sight of, the meeting when a decision is taken.

 

Where the general manager, or in the case of complaints about the general manager, the Mayor, is unable to act as advisor to the conduct review committee/reviewer due to a conflict of interests in relation to a complaint, they are to nominate a senior council officer or councillor (in the case of complaints about the general manager) to perform this role.

 

14.3?? Composition of the conduct review committee

 

Where council has a conduct review committee it will comprise three or more appropriately qualified persons of high standing in the community who are independent of the council, convened and selected as provided in clause 12.16.

 

In the circumstances where a member of the conduct review committee cannot participate in a matter, the general manager, or Mayor in the case of complaints about the general manager, should select another person as provided in clause 12.16.

 

The chairperson is to be elected by the members of the conduct review committee.

 

The general manager, or in the case of complaints about the general manager, the Mayor, will act in an advisory capacity to the committee when requested.

 


14.4?? Quorum of the conduct review committee

 

A quorum for a meeting of the conduct review committee is the majority of the members of the conduct review committee.

 

If a quorum is not present at a meeting of the conduct review committee it must be adjourned to a time and date that is specified.

 

Business is not to be conducted at any meeting of the conduct review committee unless a quorum is present.

 

Business may be conducted by video-conference or teleconference.

 

14.5?? Voting of the conduct review committee

 

Each member of the conduct review committee shall be entitled to one vote in respect of any matter. In the event of equality of votes being cast, the chairperson shall have the casting vote.

 

If the vote on a matter is not unanimous, then this should be noted in any report to council on its findings.

 

In relation to any procedural matters relating to the operation of the conduct review committee, the ruling of the chairperson shall be final.

 

14.6????? Procedures of the conduct review committee/reviewer

 

The general manager or Mayor, in the case of a complaint about the general manager, will be responsible for convening the initial meeting of the conduct review committee when there is a complaint to be referred to it.

 

The conduct review committee/reviewer will conduct business in the absence of the public.

 

The conduct review committee/reviewer will keep proper records of deliberations.

 

The conduct review committee shall determine the procedures governing the conduct of its meetings provided such procedures are consistent with these operating guidelines.

 

14.7?? Procedural fairness

 

In conducting enquiries, the conduct review committee/reviewer or the person engaged to do so should follow the rules of procedural fairness and must -

 

a)?? provide the person the subject of the complaint with a reasonable opportunity to respond to the substance of the allegation

b)?? provide the person the subject of the complaint with an opportunity to place before the conduct review committee/reviewer or person undertaking the enquiry any information the person considers relevant to the enquiry

c)?? provide the person the subject of the complaint with an opportunity to address the conduct review committee/reviewer in person

d)?? hear all parties to a matter and consider submissions before deciding the substance of any complaint

e)?? make reasonable enquiries before making any recommendations

f)??? act fairly and without prejudice or bias

g)?? ensure that no person decides a case in which they have a conflict of interests

h)?? conduct the enquiries without undue delay.[3]

 

Where the person the subject of the complaint declines or fails to take the opportunity provided to respond to the substance of the allegation against them, the conduct review committee/reviewer should proceed to finalise the matter.

 

14.8?? Complaint handling procedures

 

In addition to complying with these operating guidelines, the conduct review committee/reviewer will ensure it deals with all complaints in accordance with the provisions of Section 12 of this Code.

 

All persons who are the subject of complaints that are referred to the conduct review committee/reviewer will receive written information about the process being undertaken to deal with the matter.

 

The conduct review committee/reviewer will only deal with matters that are referred to it by the general manager or the Mayor.

 

Where the conduct review committee/reviewer determines to make enquiries into the matter, such enquiries should be made without undue delay.

 

In circumstances where the person the subject of the complaint meets with the conduct review committee/reviewer, they are entitled to bring a support person or legal adviser. That person will act in an advisory and support role to the person affected. They will not speak on behalf of the subject person.

 

14.9?? Findings and recommendations of the conduct review committee/reviewer

 

Where the conduct review committee/reviewer determines, in its view that the conduct referred to it comprises a breach of this code of conduct it may, in its report to the council, make recommendations, that the council take any of the following actions:

 

a)?? censure the councillor for misbehaviour

b)?? require the councillor or general manager to apologise to any person adversely affected by the breach

c)?? counsel the councillor or general manager

d)?? make public findings of inappropriate conduct

e)?? prosecute for any breach of the law

f)??? revise any of council?s policies, procedures and/or the code of conduct.

 

Before making any such recommendations, the conduct review committee/reviewer shall have regard to the following:

 

a)?? the seriousness of the breach

b)?? whether the breach can be easily remedied or rectified

c)?? whether the subject has remedied or rectified their conduct

d)?? whether the subject has expressed contrition

e)?? whether the breach is technical or trivial only

f)??? whether the breach represents repeated conduct

g)?? the age, physical or mental health or special infirmity of the subject

h)?? the degree of reckless intention or negligence of the subject

i)??? the extent to which the breach has affected other parties or the council as a whole

j)??? the harm or potential harm to the reputation of local government and of the council arising from the conduct

k)?? whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny

l)??? whether an educative approach would be more appropriate than a punitive approach

m)? the relative costs and benefits of taking formal enforcement action as opposed to taking no action or taking informal action

n)?? what action or remedy would be in the public interest

o)?? where to comply with a councillor?s obligations under this code of conduct would have had the effect of depriving the council of a quorum or otherwise compromise the capacity of council to exercise its functions

 

14.10? Amendment of the operating guidelines

 

The conduct review committee/reviewer guidelines may be added to and any additional requirements may be further amended or repealed by resolution of the council.

 

 

 

?


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.29??? SF148????????????? 011009???????? Upgrading Casual Hirers Insurance Policy to Regular Hirers Insurance Policy

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council has in place a Casual Hirers Insurance Policy which entitles people to use facilities owned by Council up to 12 times per year.? Sporting bodies, clubs, associations, corporations and incorporated bodies, and persons using facilities for commercial and profit making purposes are not covered and have to arrange their own insurance cover.

 

Jardine Lloyd Thompson who manage Council?s insurances, offer a cover which extends the casual hire policy to unlimited use (what they call a regular hirers policy).? The cost of the premium would be $5,360 plus GST per annum or double the cost of the current premium.

 

In terms of minimising Council?s risk and encouraging the use of Council?s facilities, the extended premium is considered to be a worthwhile investment.? It is impossible to track and ensure individual hirers not use Council facilities more than 12 times per calendar year.? The extended policy will relieve Council and the Committees? of Management of the burden of tracking usage.

 

 

Recommendation:

 

That Council upgrade its casual hirers insurance policy to a regular hirers policy (unlimited use of facilities) at a cost of $2,004.50 plus GST for the remainder of the 2009/2010 financial year.

 

 

OPTIONS:

 

Council can accept or reject the upgrading of its casual hirers insurance policy to a regular hirers insurance policy.

 

DISCUSSION:

 

Council has in place a Casual Hirers Insurance Policy which entitles not for profit community members to use facilities owned by Council up to 12 times per year.? The premium for this policy in 2009/2010 is $2,680 plus GST.

 

The scope of the cover provides public liability for death, illness or personal/bodily injury and loss or damage to property as a result of an occurrence happening in connection with the use of the hired facility by the hirer.? It also provides products liability for the same events.? The limit of liability for any one occurrence is $10m with a $1,000 excess for each and every claim.

 

The limit on use to 12 occasions per year is an issue with groups using or wanting to use Council halls on a more regular basis.? For example, a group of residents is using South Arm Hall three times per week for yoga and meditation.? This should be encouraged but the existing insurance arrangements act to discourage such levels of usage.

 

Jardine Lloyd Thompson who manage Council?s insurances, offer a cover which extends the casual hire policy to unlimited use (what they call a regular hirers policy).? The cost of the premium would be $5,360 plus GST per annum or double the cost of the current premium.? The policy still contains the same exemptions whereby sporting bodies, clubs, associations, corporations and incorporated bodies, and persons using facilities for commercial and profit making purposes are not covered and have to arrange their own insurance cover.

 

In terms of minimising Council?s risk and encouraging the use of Council?s facilities, the extended premium is considered to be a worthwhile investment.? It is impossible to track and ensure individual hirers not use Council facilities more than 12 times per calendar year.? The extended policy will relieve Council and the Committees? of Management of the burden of tracking usage.

 

CONSULTATION:

 

There has been consultation with Council?s Safety and Risk Officer and also with Statewide Mutual.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Encouraging the use of Council?s facilities and particularly its halls is very important to their financial viability and long term sustainability.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The additional insurance policy will remove one element of risk being the restriction on casual hirers to using Council facilities not more than 12 times per calendar year.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The immediate acceptance of the additional insurance cover will require a term contribution from 1 October 2009 to 30 June 2010 (273 days) at a cost of $2,004.50 plus GST.

 

In subsequent years the additional cost of the cover will be $2,680 plus GST.

 

Source of fund and any variance to working funds

 

As it is proposed to immediately take up the additional insurance cover, there will be negative impact on working funds of $2,004.50 plus GST.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 October 2009

General Manager's Report

ITEM 9.30??? SF1120??????????? 011009???????? Grant Application Status Report - 22 September 2009

 

AUTHOR/ENQUIRIES:???? Jenny Chance, Grants Officer ????????

 

Summary:

 

At Council?s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

 

Recommendation:

 

That the list of grant programs and their status to 22 September 2009 be received.

 

 

APPROVED GRANTS?SECURED BY GRANTS OFFICER

 

Grant

Funding Amount

Description

NSW Maritime ? Maritime Infrastructure Program

 

$53,220

Pontoon and Gangway at Lions Park, Ferry Street ? Macksville.

Pontoon and Gangway at Tourist Office Finger Wharf ? Nambucca Heads.

NSW Blackspot Program

 

$34,000

Pedestrian refuge at Bowra Street, Nambucca Heads.

Department of Families, Housing, Community Services and Indigenous Affairs ? Volunteers Grants Program

 

$11,179

Nambucca District Little Athletics ? Computer, camera and filing cabinets.

 

Nambucca Heads Junior Rugby League Football Club ? Coffee maker and a step ladder.

 

Nambucca Heads Touch Football ? Computer and a photocopier

NSW Attorney General?s Department ? NSW Crime Prevention Grant

$54,527

Program to assist licensed premises to implement strategies towards a safer environment for women.

Department of Planning - NSW Coastline Cycleway Grants Program

$75,000

Funding for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads.

Department of Climate Change ? Local Adaptation Pathways Program

$140,000

Funding to assist councils to integrate climate change risk assessment into their broader decision-making processes. Joint application between Nambucca, Kempsey and Bellingen Shires.

Department of Sport and Recreation ? Capital Assistance Program

$8,600

Nambucca Tennis Club lighting upgrade.

Department of Environment and Climate Change - Regional Regulated Area Council Grant

$14,000

To assist with costs associated with weighbridge at Nambucca Waste Management Facility

 

Department of Local Government ? Playground Upgrades

$19,551

 

Install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.

Department of Community Services (NSW) ? Area Assistance Scheme

 

$128,984

Marine Rescue Building ? Funding towards the construction of a new building

Unkya Reserve ? electrical upgrade and general repairs.

TOTAL

$539,061

 

 

SUBMITTED APPLICATIONS

 

 

Grant Program

Action

Grant Details and Status

1

National Emergency Volunteer Support Fund ? Emergency Management Australia (EMA), the Division within the Attorney-General's Department.

Funding basis: Fully Funded

Opens: Application Submitted

Closing: 6 March 2009

Outcome: Unsuccessful

Grant: $150,000

Council contribution: $0.00

 

GO

The National Emergency Volunteer Support Fund focuses on emergency management volunteers in recognition of their needs and the significant front line role they play in reducing vulnerability and enhancing community safety.

To ensure ongoing protection of communities it is critical that all volunteer agencies maintain their current levels of staffing and training.

The Australian Government is offering funding in 2009/10 through the National Emergency Volunteer Support Fund for projects which specifically address the recruitment, retention and training of volunteers.

Application submitted by Nambucca River Volunteer Marine Rescue Squad.

2

Country Halls Renewal Fund

 

Funding basis: 2:1

Opens: Currently Open

Closing: Always Open

Outcome:

 

Grant 1: $50,000

Council contribution: $0.00

 

Grant 2: $12,754.13

Council contribution: $6,377.07

 

Grant 3:: $17,052.00

Council contribution: $4,556.00

 

Grant 4:: $TBA

Council contribution: $0.00

 

Grant 5: $4,560.80

Council contribution: $0.00

 

Grant 6: $50,000

Council contribution: $0.00

 

Grant 7: 23,246.50

Council contribution: $0.00

 

Grant 8: TBA

Council contribution: $0.00

 

GO

$2.5 million over 5 years towards renewing country halls. The fund will be delivered by the Office of Rural Affairs.

 

Applications are currently being prepared for:

 

 

 

1) Argents Hill Hall ? Repairs

 

 

2) Nambucca Entertainment Centre ? External painting

 

3) Taylors Arm Hall ? Kitchen, flooring and windows

 

4) Burrapine Hall ? Repairs

 

 

5) Bowraville CWA Hall ? Painting and repairs

 

 

6) Nambucca Senior Citizens Hall ? Painting, flooring and repairs

 

7) Talarm Hall ? General repairs

 

8) Macksville Senior Citizens Hall ? General repairs

 

Notice of the program has been distributed to the Committees of Management for the halls

 

3

Norman Wettenhall Foundation

Funding basis: Fully Funded up to $10,000

Opens: Application Submitted

Closing: 31 March 2009

Outcome: Unsuccessful

Grant 1: $10,000

Council contribution: $0.00

 

GO

Support is given to projects that enhance or maintain the vitality and diversity of the Australian natural living environment.

 

The objectives of the Foundation are:

 

????? to build capacity in local communities to effect long-term beneficial change in the natural environment

????? to support and encourage research into, and monitoring of, all aspects of Australia's natural environment

????? to support education relating to our natural environment

????? Principles

 

Pre-approval to lodge a submission has been received for funding towards seating and signage for the Crosswinds Wetlands Reserve.? An application has been submitted.

 

4

The Department of Infrastructure, Transport, Regional Development and Local Government ? Indigenous Road Safety Grants

Funding basis: Fully funded up to $30,000

Opens: Application Submitted

Closing: 27 March 2009

Outcome: Unsuccessful

Grant: $30,000

Council contribution: $20,000

 

MTS/GO

The Department of Infrastructure, Transport, Regional Development and Local Government is now inviting applications for Indigenous Road Safety Grants for 2009-2010. One or more grants up to a total of $30,000 will be awarded to applicants for projects that will help improve road safety for Indigenous people.

 

Application forms and detailed information about the grants are available from the Department?s website.

 

Objectives

 

The grant is offered as a means to:

 

????? encourage innovative and worthwhile initiatives to help reduce road trauma affecting Indigenous people; and

????? increase the range of initiatives available to address road safety for Indigenous people.

 

An application has been prepared to fund engineering works, informative signage at Bellwood and a children's safety booklet.?

5

Department of Environment and Climate Change ? NSW Climate Change Fund ? Public Facilities Program

 

Funding basis: Fully funded

Opens: Application prepared

Closing: 30 April 2009

Outcome: TBA

Grant: $463,515

Council contribution: $14,040 (in-kind)

 

GO/

TOA

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.?

 

Eligibility criteria

 

Applications are open to providers of non-profit public or educational facilities for projects which:

 

? publicly demonstrate how water and/or energy savings can work

? stimulate investment in innovative ways to save, harvest and recycle water and/or reduce overall energy consumption (and related greenhouse emissions) and/or peak electricity demand.

 

An application submitted for funding towards lighting and air conditioning system upgrade in Council?s Administration Building and six outdoor solar lights.? This is complimented with funding towards a free community globe promotion and an educational information sheet.

 

6

Australian Government ? Caring for our Country funding

Funding basis: Fully funded

Opens: Application submitted

Closing: 6 March 2009

Outcome: TBA

Grant: $100,000

Council contribution: $14,000

 

GO

Caring for our Country funding

The Australian Government is now calling for investment proposals for projects that will meet the targets outlined in the Caring for our Country business plan 2009-10. Caring for our Country is an Australian Government initiative that seeks to achieve an environment that is healthy, better protected, well managed and resilient, and provides essential ecosystem services in a changing climate.

 

The Australian Government is seeking investment proposals for landscape-scale projects that achieve one or more targets in specific geographic locations or key assets.

Projects can be large, medium or small:

???? large-scale projects in the order of $20 million over four years

???? medium-scale projects of up to $3 million per annum (a value of $2-3 million would be expected for most medium-scale projects)

???? small-scale projects of between $20,000 and $100,000 per annum.

 

Council is working together with Landcare to submit an application that includes weed removal, field days, workshops and other on ground works and will involve a small devolved grant scheme for land owners and community groups.

7

Local Infrastructure Support Fund ? Building the Country Package ? Department of State and Regional Development ? Expression of Interest

Funding basis: Fully Funded

Opens: Application submitted

Closing: 20 March 2009

Outcome: Unsuccessful

Grant: $100,000

Council contribution: $0.00

GO/PO

$52 million over 5 years supporting infrastructure projects that are directly linked to economic development opportunities. The fund will be delivered by the Department of State and Regional Development.

 

Application submitted for infrastructure works at Macksville Saleyards.


 

8

NRMA ? Community Grants Program

Funding basis: Fully funded up to $5,000

Opens: Application submitted

Closing: 25 March 2009

Outcome: Unsuccessful

 

Grant 1: $4,998

Council contribution: $0.00

Grant 2: $5,000

Council contribution: $0.00

 

GO

The Community Grants Program provides funding to support community and not for profit organisations that are making our communities safer, particularly in the areas of crime prevention, road safety, emergency readiness and response, and the environment.

 

1) Funding towards solar hot water system at E J Biffin Fields

 

2) Funding towards production of brochure for Crosswinds

9

Jobs Fund

Funding basis: Fully funded

Opens: Application submitted

Closing: 22 May 2009

Outcome: TBA

 

Grant 1: $4,500,000

Council contribution: $TBA

 

Grant 2: $441,350

Council contribution: $75,000

 

GO/MTS/MWS

The Jobs Fund is a $650 million Australian Government initiative to support and create jobs and increase skills through innovative projects that build community infrastructure and increase social capital in local communities across the country. Through the Jobs Fund the Government will invest in one-off capital projects and provide seed funding for social enterprises. The Jobs Fund is a temporary resource. The aim of the Jobs Fund is to produce long-term improvements in communities affected by the global economic downturn. The Jobs Fund projects will focus on directly generating jobs for people in communities with already high unemployment levels, rising jobless rates or which are particularly vulnerable.

 

1) Funding towards Nambucca Sewerage Treatment Plant upgrade

 

2)? Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

 

 

10

Environmental Restoration and Rehabilitation Grants

 

Funding basis: Fully Funded up to $100,000

Opens: Currently Open

Closing: 29 May 2009

Outcome: TBA

Grant: $100,000

Council contribution: $0.00

 

 

GO/PO

The aim of the Restoration and Rehabilitation (R&R) program is to facilitate projects to prevent or reduce pollution, the waste stream or environmental degradation of any kind, run by community organisations and State and Local government organisations. Through these projects, we also aim to improve the capacity of communities and organisations to protect, restore and enhance the environment.

The Objectives of the Environmental Restoration and Rehabilitation Program are: 

 ?? to restore degraded environmental resources, including rare and endangered ecosystems 

 ?? to protect important ecosystems and habitats of rare and endangered flora and fauna 

 ?? to prevent or minimize future environmental damage

 ?? to enhance the quality of specific environmental resources

 ?? to improve the capacity of eligible organisations to protect, restore and enhance the environment to undertake resource recovery and waste avoidance projects and to prevent and/or reduce pollution.

 

Application prepared for Macksville Saleyards

13

Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) ? Ministry of Transport

 

Funding basis: Fully Funded

Opens: Currently Open

Closing: 25 June 09

Outcome: TBA

Grant: $173,825

Council contribution: $11,265

 

 

GO/MTS

The Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) is administered by the Ministry of Transport. It provides support funding to improve the amenity of passenger transport infrastructure in rural, regional and remote communities of NSW

 

Local government, incorporated community organisations, transport operators and other interested organisations that have a current Australian Business Number are eligible.

 

Application prepared for upgrade of Cook Street Interchange, Bowraville.

 

14

Regional Arts Fund

 

Funding basis: Councils are required to provide some funds towards the project

Opens: Currently Open

Closing: 14 August 2009

 

Grant: $20,020

Council contribution: $12,000

 

 

GO

The Regional Arts Fund (RAF) is supporting sustainable cultural development in communities across regional, remote and isolated parts of Australia.

 

A key focus is to encourage the formation of productive partnerships to support home-grown arts activities and the creation of networks to reduce isolation, exchange ideas and publicise opportunities. 

 

The program also assists the professional development of, and provides employment opportunities for, artists based in regional areas.

Providing opportunities for community members to learn arts and broader skills is another RAF priority.  With RAF support, professional artists provide workshops and collaborate with community participants on a wide range of creative projects.

 

An application is being prepared to enhance the existing mosaic in Nambucca Heads and the addition of a new artwork.? The project will include a number of community workshops.

 


 


15

NSW Community Building Partnerships

 

Funding basis: Fully Funded for community groups, Council requires matching funds

Opens: Currently Open

Closing: 10 August 2009

 

 

 

 

Grant 1: $84,811 

Council contribution: $174,189

 

Grant 2: $50,000

Council contribution: $0.00

 

Grant 3: $52,000

Council contribution: $0.00

 

Grant 4: $32,928

Council contribution: $0.00

 

Grant 5: $10,000

Council contribution: $0.00

 

 

 

GO/

TOA

The NSW Government?s $35 million Community Building Partnership program will support local jobs, stimulate growth and improve community facilities.

 

Community groups and local councils across NSW will be eligible to submit applications for funding that will help support local infrastructure and jobs. Council can submit only one application.

 

The NSW Community Building Partnership will invest $300,000 into building local community projects in every electoral district ? with an additional $100,000 to be invested in electoral districts with higher unemployment.

 

Applications are currently being prepared for the following:

 

1) Amenities upgrade at Macksville Park and Hennessey Tape Oval ? Council application

2) Pioneer Community Centre ? works towards removing health and safety issues

3) Frank Partridge VC Military Museum ? New display facility

4) Macksville Tennis Club ? New courts surfaces

5) Nambucca River Volunteer Marine Rescue Squad

16

Department of Planning ? Infrastructure Fund

 

Funding basis: Interest Free Loan

Opens: Currently Open

Closing: 31 August 2009

 

Interest Free Loan: $17,000,000

Council contribution: Loan repayments over 10 years

 

 

 

GO/ MWS

The $200 million NSW Local Infrastructure Fund has been established as an 'interest free' loan scheme to bring forward infrastructure projects that are delayed due to a lack of funding.