NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

20 October 2011

 

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

 

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.

 

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

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

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

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

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 Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 20 October 2011

 

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 Aboriginal People present.

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 6 October 2011

5??????? PUBLIC FORUM / DELEGATIONS

6??????? ASKING OF QUESTIONS WITH NOTICE ??

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

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? MyRoadInfo Establishment at Nambucca Shire

8.3???? Licence to Eungai Pre-School Inc

8.4???? Classification of Lot 65 in DP 1167978, Kingsworth Estate to Operational Land

8.5???? Warrell Creek Hall Committee of Management AGM - 7 September 2011 - Minutes

8.6???? Valla Public Hall Committee of Management AGM - 24 August 2011 - Minutes

8.7???? Review of Council Policy - Payment of Fees, Expenses & Provision of Facilities to Councillors

8.8???? Investment Report to 30 September 2011

8.9???? Scotts Head Lifestyle Homes - Proposed Planning Agreement

9??????? Director Environment and Planning Report

9.1???? DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

9.2???? Outstanding DA's in excess of 12 months, applications where submissions received not determined to 7 October 2011

9.3???? DA's and CDC's Received and Determined under Delegated Authority to 7 October 2011

9.4???? Request for Comment for SEPP 71 Waiver of Masterplan Lot 2 DP 1119830, Alexandra Drive, Bellwood

9.5???? Local Environmental Plan Amendment No. 4 Lot Size Amendment for the purpose of an Education Facility at Dudley Street Macksville

9.6???? Changes to the Environmental Planning and Assessment Act - Part 3A

9.7???? Advice of Successful Floodplain Management Grant funds of $60,000 for 2011/12

9.8???? Contract Regulatory Officer's Report September 2011

9.9???? Report on Minutes of the Access Committee meeting held 27 September 2011

10????? Director Engineering Services Report

10.1?? Temporary Road Closures for Events on Roads

10.2?? Application for Natural Disaster Funding - 19 January 2011

10.3?? Claim for Natural Disaster Restoration Funding - Roads - June 2011

10.4?? Old Rugby League Amenities Building - Coronation Park, Nambucca Heads

10.5?? Landslip on Crown Land - Wellington Drive, Nambucca Heads

10.6?? Nambucca District Water Supply Steering Committee Meeting - 5 October 2011

10.7?? Tree Maintenance - Nambucca Heads Library ?

11????? General Purpose Committee - 19 October 2011


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??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.1????? SF959????????????? 201011???????? 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 2009

1

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.

 

RO/IT

Hardware has been installed being:

1. ESXi host server in the library. This server runs VMware ESX which is then capable of hosting our servers in a virtual environment if required.

2. Platespin Protect. Installed on the ESX host is a virtual server dedicated to handling replications from our physical servers. Each physical server has a Platespin agent installed to facilitate this replication.

3. Fibre link between admin office and library DR site.

 

Initial testing has been done of virtual server in library.? Power points and wireless connection being provided in Senior Citizens Centre for a full test of disaster recovery.

AUGUST 2009

2

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.

Plan currently being reviewed.

Deferred to October 2010.

Not completed ? deferred to November 2010.

MANEX agreed to rehabilitate Bellwood between Pacific Hwy & Mumbler St with existing contributions.

To be included in Works Program for 2011/2012.

Enquiry to be made with D of P re progress of subdivision application.

 

DoP confirmed that subdivision application submitted, but not ready for public exhibition yet (8/3/11)

 

Now to be determined by the JRPP.? Report in business paper concerning SEPP 71 master plan waiver.

 


 


JANUARY 2010

3

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going.

 

 

 

 

MARCH 2010

 

4

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.? Also dot points be replaced with no?s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going.

 

 

 

JULY 2010

 

5

SF638

15/07/10

Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.

 

GM

Scheduled for October 2010.

Deferred to November 2010.

Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.? Plan of Management to be prepared following resolution of Pre School extensions.

 

 

6

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

DEP

Letter sent to owners in Lower Nambucca.? Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date in February 2011.

Information sent through to consultant.? Meeting now not likely to late March 2011.

Consultant advised that meeting will need to be deferred to May 2011 due to unavailability.

 

Staff workloads have not permitted to proceed in May.? June now targeted.

Now deferred to August.

 

Costings being prepared on a pressurised system so facts and figures will be discussed.

 

 

NOVEMBER 2010

 

7

PRF54

18/11/10

Council approach LPMA re future management of Boultons Crossing (Gumma) Reserve

 

GM

Letter written to LPMA 26 November 2010.? Meeting with LPMA and Committee of Management arranged for 27/1/2011.

 

Meeting held on 27/1/2011.? Awaiting advice from LPMA on bringing more crown land into the reserve and grant opportunities.

GM to follow up with Committee of Management.

 

Report to Council on 16 June 2011.

Letter has now been sent to LPMA requesting that they make alternative arrangements for the management of the Reserve and suggesting a community based Trust.?

 


 

DECEMBER 2010

8

SF844

16/12/10

That a Project Implementation Management Plan for the off-stream dam be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimension provided in suitable vegetation, with the catchment above the dam top water level.

 

DES

GHD commissioned.? Plan anticipated in March 2011.

 

To be included within the contract documentation as a condition imposed on the contractor obligations and compliance with the EIS.

FEBRUARY 2011

9

SF1508

3/2/11

Council revert to in-house monitoring of energy consumption and greenhouse gas production and revisit the option of engaging consultants for benchmarking in 12 months time.

 

DES

Report in February 2012.

MARCH 2011

10

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

DEP

Brief to be prepared and new floodplain study to be undertaken during 2011.

 

RTA have now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion.? At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.

 

APRIL 2011

11

SF29

7/4/2011

That a Committee be formed comprising the Mayor, library delegates, MCCS to investigate the possibility of forming a relationship with other local Council libraries and that the Committee report back to Council by Feb 2012.

 

DEP

MCCS to arrange an Inaugural Meeting.? Meeting has been arranged to discuss proposal with Coffs Harbour City Council on Monday 23 May 2011.

 

Meeting held ? report to come to Council for future direction.

 

Report in GPC 19 October 2011

 

MAY 2011

12

SF1595

19/5/2011

The General Manager present an overview of the Annual Report to Councillors upon its completion.

 

GM

Overview report to be presented in November 2011

13

SF909

19/5/2011

Manager Business Development prepare a digital economy strategy re identifying blackspots to be presented to the NBN Co for rollout consideration.

 

GM

September 2011.? Due to World Rally preparations will need to be deferred until October 2011.

 

Deferred to November 2011.

14

SF1031

19/5/2011

That a new policy covering donations to charities be prepared to cover all existing policies and to better ration the limited donations budget.

 

GM

In progress ? report to October Council meeting.? Agenda for Oct GPC too large.? Deferred to November.

 

 


 

JUNE 2011

15

SF841

2/06/2011

Council write to the RTA requesting they design the new Nambucca River bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under at maximum high tide.

 

DEP

Letter sent 8 June 2011.

 

No response as at 26/07/2011.

16

PRF15

16/06/2011

 

Council defer demolition of the old amenities at Coronation Park until 30 September 2011 to allow Trust to complete proposal to restore parts of the building.

 

DES

Report for Council in December 2011.

 

Letter sent to Coronation Park Trust advising the Executive of Council?s resolution.

17

SF674

16/06/2011

 

Premier and Minister be advised of history of Coffs Coast Waste and Council request a contribution to its costs in varying the contract from the proceeds of the Waste Levy.

 

GM

Letter sent

 

Acknowledgement letter received

JULY 2011

18

SF952

7/7/2011

Council receive a report on opportunities to improve the way Council manages native veg on native land including communication with contractors & Essential Energies including a report on work undertaken behind the Library.

 

DES

September 2011

Deferred to October 2011.

19

SF952

7/7/2011

Grants Officer investigate grants for solar lighting and that the V-Wall be included in the quarterly budget review to see whether solar lighting can be funded.

 

DES

October 2011

 

No success with grant funding to date for solar lighting, however following Council resolution on 4 August 2011 to write to the LMP (Crown Lands) - Confirmation has been received that LMP (Crown Lands) will replace the light poles on the basis that Council accept the maintenance responsibility for replacement of the globes, controls and  fittings of the lights (as per the existing arrangement since the lights were installed along the V-wall) and that Crown Lands is responsible for replacement of the poles,.

 

20

SF952

7/7/2011

That the suggestions made by John Tait in the Public Forum be put up as discussion paper.

 

DEP

September 2011

Matters being reviewed for inclusion in a discussion paper.? To be included in IPR.

 

21

PRF72

7/7/2011

That a Plan of Management within Kingsworth Lake Reserve be prepared by Engineering Services

.

DES

October 2011

In anticipation that the reclassification gazettal notification will occur in November, a Draft Plan Of Management has been prepared and provided to Councilors for comment in advance of the November GPC meeting

 

22

SF1031

21/7/2011

That the policies be organised and made functional under each Directorate and the regular review and updating of the policies be the responsibility of each Director.

 

GM

DEP

DES

Policies have been classified.? GM & Directors to review and update at least 25% of their policies annually.

23

SF1669

21/7/2011

That Council seek a proposal from Public Works to project manage the construction contract for the Off River Storage Project with a view to extending their engagement should the proposal be considered acceptable.

 

DES

Proposal being sourced from Public Works and will be reported to 14 September 2011 General Purpose Committee Meeting.

Deferred to October GPC.

24

SF86

21/7/2011

That Council write to the Minister expressing Council?s disappointment that nowhere in the SESOne Plan is there an expressed desire let alone a requirement for financial efficiency or sustainability.

 

DES

Letter sent to Minister 27 July 2011

Response received and provided to Council.

25

SF1031

21/7/2011

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

DEP

Policy under revision and to be reported to future General Purpose Committee Meeting

AUGUST 2011

26

SF15

4/8/2011

Four Councillors have conflict of Interest in Saleyards issues

GM

GM write to the Minister of Local Government for seeking dispensation for Councillors.? Letter sent? to DLG on 11 August 2011.? Telephone advice received w/e 7/10/11 advising the DLG had received the letter, the staff member was on leave, but it was being considered.

 

27

SF1595

4/8/2011

Replacement of corroded light poles on the V-Wall at Nambucca Heads

DES

Council write to lmp requesting replacement of light poles on V-Wall

 

Letter sent 9 August 2001

Confirmation has been received that LMP (Crown Lands) will replace the light poles on the basis that Council accept the maintenance responsibility for replacement of the globes, controls and  fittings of the lights (as per the existing arrangement since the lights were installed along the V-wall) and that Crown Lands is responsible for replacement of the poles,.

 

28

SF1460

4/8/2011

Council undertake a review of its rating structure

 

GM

Report to October 2011 Council Meeting.? Deferred to November 2011 due to work load.

29

SF578

4/8/2011

Cancellation of the NSW Home Saver Rebate Program

Council write to the Office of Environment and Heritage expressing concern about cancellation of the NSW Home Saver Rebate Program

 

DEP

.Letter sent 25 August 2011.

 

30

RF275

18/8/2011

Council make representations to the Hon. Andrew Stoner re the repair of the southern section of the Bellingen Road.? Council request that residents, NVT and the Bowraville Chamber make similar representations.

 

GM

Letters sent 25 August 2011

31

SF674

18/8/2011

Council write to Biomass re awareness campaign for what is/is not to be placed in the red bin.? Council write to CHCC seeking clarification as to Biomass? plans regarding the upgrading of its facilities to produce a complying product from mixed waste and whether there are any changes to the proposed costs.

 

DES

Letters not written as at 24 August 2011.

 

Email sent.

32

SF1668

18/8/2011

Council seek a formal quotation from the NSW Electoral Commission to conduct the 2012 elections and there be a further report to Council with a comparison of cost for council undertaking the election.

 

GM

There has been an exchange of correspondence with the Electoral Commission.? They refuse to provide a firm quote.? To be reported in October or when the LGSA confirms arrangements for a tender.? Report prepared but deferred to early November to allow Premier to amend legislation following representations by LGSA.

Report to 3 November 2011.

 

33

SF633

18/8/2011

Council write to the Prime Minister and others re a continuation and enhancement of the Roads to Recovery Program (R2R) on a permanent basis.

 

DES

Letters not written as at 24 August 2011.

 

Letter sent 7 September 2011.

Response received and provided to Councillors.

34

SF84

18/8/2011

Council write to the Premier of NSW stating its dissatisfaction with the response received from the Minister for Policy and Emergency re huge disparity between the current RFS bid and the rate peg.

 

DES

Letters not written as at 24 August 2011.

 

 

35

SF593

18/8/2011

Council receive a further report at the October GPC to consider appropriate drainage design standards based on the GHD document ? Seaview Street, catchment.

 

DES

Report to Council meeting on 16 November 2011 GPC due to full agenda for November GPC due to the full agenda of October GPC.

36

SF741

18/8/2011

Paveline truck - that a further report be prepared on the half year July 2011 to December 2011 for comparison with the results for the previous 6 month period.

 

DES

Report to January 2012.

SEPTEMBER 2011

37

SF21

1/09/2011

Council investigate an effluent management system for the Saleyards

 

GM

Preferred design to be determined by 30/6/2012.

38

SF21

1/09/2011

Council investigate funding an effluent management system at the Saleyards through its environmental levy.

 

GM

To be the subject of a further report.? Cannot be funded before 2012/2013.

39

SF1496

1/09/2011

That more information on the pilot program for the aquatic system monitoring be provided to a future GPC meeting.

 

DEP

Information being sought for presentation to future November GPC meeting.

40

SF472

15/9/2011

 

Council write to Federal Minister for Industry, Min for Infrastructure and Transport, Mid North Coast RDA express Council?s extreme concern at the loss of 25 jobs at Express Coaches.

 

GM

Letters sent 19 September 2011

MEDIA RELEASE ? from Luke Hartsuyker MP ? raising matter in Parliament (Trim 26479/2011)

41

SF1595

15/9/2011

 

Council request urgent assistance from LPMA for removal of trees, branches and logs from Scott Head beaches.? Council also make representations to the Hon. Andrew Stoner MP

GM

Letter sent on 19 September 2011.? Response from Crown Lands circulated on 10/10/2011

 

42

SF841

15/9/2011

 

Council offer 8.9 ha of high conservation land at Lower Nambucca to the RTA for their biodiversity offset strategy for the Pacific Highway upgrade in exchange for providing Council with title to the North Macksville Soccer Fields and Casey Drive.

 

GM

Letter sent 19 September 2011

 

Follow up letter to be sent.

43

SF1460

15/9/2011

 

Council receive a report on rating arrangements for caravan parks as well as options in relation to the minimum rate for the residential category and a report on the farmland category to address existing anomalies.

 

GM

To be reported in November 2011

44

SF1303

15/9/2011

Water and sewerage ? development servicing plans and strategic business plans be deferred to follow the Water and Sewerage Steering Committee meeting on 5 October.

DES

To be reported in October 2011

45

SF1303

15/9/2011

Water and sewerage ? development servicing plans and strategic business plans be deferred to follow the Water and Sewerage Steering Committee meeting on 5 October.

 

DES

To be reported in October 2011

OCTOBER 2011

46

SF1595

6/10/2011

 

Council to receive a report re a more efficient way of having cars in the car pool and also more cost effective communication than mobile phones.

 

GM

November 2011

47

SF1595

6/10/2011

 

Councillors to be provided with major documents at least 3 weeks before the nominated GPC when they are to be first considered.

 

GM

In place for a six month trial

48

SF15

6/10/2011

 

An inspection of the Saleyards be arranged at the first available GPC meeting

 

GM

November GPC

49

SF15

6/10/2011

 

Future of the Saleyards

GM

February 2012 GPC

50

SF15

6/10/2011

 

Council receive a report on a revised program for the Environmental Levy for 2012/13 and beyond

 

 

DEP

October GPC 2011

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.2????? SF702????????????? 201011???????? MyRoadInfo Establishment at Nambucca Shire

 

AUTHOR/ENQUIRIES:???? Daniel Finlayson, IT Support Officer ????????

 

Summary:

 

Lismore City Council has developed a web based application that allows for this display of information pertaining to roads throughout a given geographical region.? Many councils throughout the region have elected to use the site as a mechanism to convey information to the community regarding roads .

 

 

Recommendation:

 

That Council establish the MyRoadInfo web site as a mechanism to convey information regarding local roads to members of the community.

 

 

OPTIONS:

 

The following options are available to Council:

 

1??????? Continue to post information regarding local roads to Council?s website.

2??????? Use the MyRoadInfo site to convey information regarding local roads to the community.

 

 

DISCUSSION:

 

Council has historically posted information regarding local roads on its web site during major events, and more recently a new item was introduced on the front page detailing road closures and event information. The content of this component of Council?s web page is maintained by Council staff based on information received from varying sources.? There is currently no policy in place regarding the granularity or detail of information that is placed on the site.

 

MyRoadInfo is a web site designed to visually depict information pertaining to roads within a given geographical area.? The site was developed by Lismore City Council and has been widely adopted by other councils throughout the north and mid-north coast regions.? It offers functionality that is similar in style and operation to the RTA live traffic site and is maintained by council staff.

 

 

Resolving to use the MyRoadInfo site at Nambucca Shire Council would mean a number of advantages for Council and the community at large:

 

1??????? Provides a consistent approach across the region for delivering information regarding road-closures, repairs, accidents or other relevant events to community members

 

2??????? Provides Council with the tools required to present information regarding local roads to the community in an effective and efficient manner

 

3??????? Further encourages the use of the web as an effective communication medium by which Council can engage with the community.

 

 

CONSULTATION:

 

Garth Hayhurst from Lismore City Council and Peter Hatton from Greater Taree City Council have been consulted prior to the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact.

 


Social

 

There will be a positive social impact through a more informed community.

 

Economic

 

There is a minor negative economic impact to Council through implementation and maintenance costs.

 

Risk

 

There are a number of areas of risk that need to be managed, namely:

 

1??????? The site is similar to the RTA live website, which provides information to users regarding State roads.? It is understood that a number of councils using the software duplicate RTA information on their MyRoadInfo site.? There is potential for this information to become inconsistent in this case.

 

2??????? The site will be hosted externally.? Council will need to ensure the hosting provider has mechanisms in place to ensure adequate performance, availability and recoverability.

 

3??????? Information on the site may become ?stale? if maintenance of the site is not managed and resourced appropriately.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs of establishing and maintaining the site are as follows:

 

One off license fee

$2000

 

Administration fee

$100 p/a

 

Development fee

$1000 p/a

 

Hosting Fee

? p/a

 

Resourcing Costs

? p/a

 

 

 

Initial setup total: $3400

 

Ongoing cost: $1200 p/a

 

Source of fund and any variance to working funds

 

Funds for this site will be sourced from Council?s general fund.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.3????? SF1239??????????? 201011???????? Licence to Eungai Pre-School Inc

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

Council has previously granted a three year Licence to Eungai Pre-School Inc. for the occupation of Lot 163 in DP 822649 for use as a Pre-School and Day Care Centre.

 

A precursor to the grant of the Licence was discussion regarding the potential for Eungai Pre-School Inc to acquire the site from Council. Whilst agreeable to the acquisition in principal the Pre-School sought a Licence Agreement to formalise tenure whilst they made further investigation and preparation for a potential purchase of the site. The Licence Agreement expired 30 September 2011.

 

Council has received a further request from the Eungai Pre-School for the provision of a five year Licence to occupy the site to continue its operation as a Pre-School and Day Care Centre. The Pre-School advises that they are not in a position to acquire the land at this stage but are still interested in the proposal.

 

It is recommended that a five year Licence to occupy the site be provided for a nominal consideration.

 

 

Recommendation:

 

1??????? That Council grants a Licence over lot 163 in DP 822649 to Eungai Pre-School Inc for a period of 5 years at a rental equivalent to the Crown Lands minimum rent standard.

 

2??????? That the General Manager be authorised to execute all documents required to give effect to a Licence over lot 163 in DP 822649 to Eungai Pre-School Inc for a period of 5 years.

 

 

OPTIONS:

 

Council owns Lot 163 in DP 822649.? It has discretion to provide a Licence or Lease.? If a Licence is not provided then it is possible that the Department of Community Services would not provide a Licence which would in turn require the Pre-School to close.

 

 

DISCUSSION:

 

Council has previously considered an expression of interest from Eungai Pre-School Inc to acquire the Pre-School site from Council. The current Licence agreement was granted as an interim arrangement to formulate tenure for a period of 3 years. This period expires on 30 September 2011.

 

The Pre-School executive have advised that they are still agreeable in principle to the purchase of the land but that they are not in a position to do so at the moment. Consequently the Pre-School requests a grant of further tenure by way of a 5 year Licence agreement.

 

The land is currently classified as community land however is approaching the end of a re classification process whereby the land will be gazetted as operational land (this is expected to be concluded by the mid October 2011). The re classification was conducted to enable sale of the land to the Pre-School in due course.

 

As operational land Council is at liberty to deal with the land as it sees fit.

 

As community land; Section 46 of the Local Government Act 1993 provides that Council may grant a Licence for the use of the land for a number of purposes including but not limited to:

?maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres, family day care centres, surf life saving clubs, restaurants or refreshment rooms?.

 

Under the current Licence agreement and in consideration for the nominal rent payable, the Pre-School Inc committee undertake at their own expense the reactive and preventative maintenance of the building. Council is responsible for fire protection and pest inspection measures. A recent inspection of the property by the Property Officer and Technical Officer ? Assets determined that the property is being adequately maintained and is in good order.

 

It is recommended that Council provide the Eungai Pre-School with a five year Licence as per their request.

 

 

CONSULTATION:

 

?????????????? There has been consultation with representatives of the Eungai Pre-School.

?????????????? Council Strategic Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.? The provision of a 5 year Licence will provide for the status quo to remain.? It is a well utilised, community based preschool providing very important social development for our Pre-School children.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There is no change to risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no implications for Council?s budget.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.4????? SF185????????????? 201011???????? Classification of Lot 65 in DP 1167978, Kingsworth Estate to Operational Land

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

This report is compiled to seek Council direction to classify lot 65 in DP 1167978, which has been recently dedicated to Council, as Operational Land under the Local Government Act 1993.

 

 

Recommendation:

 

That Lot 65 DP 1167978, Kingsworth Estate being land used for a water supply reservoir be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 

OPTIONS:

 

There is no feasible option.? The recommendations give effect to the provision of the Local Government Act.

 

 

DISCUSSION:

 

Council is a party to a Deed of Agreement with Property & Reclamation Pty Ltd (being the developer creating the Kingsworth Estate subdivision) wherein it was agreed that Council would not require developer contribution with respect to water supply for the development of up to 63 equivalent tenements in consideration for the dedication of Lot 65 in DP 1167978 being land upon which is located the water supply reservoir for the estate.

 

The subdivision has now registered and title to Lot 65 has issued in Council?s name.

 

A call for submissions with regard to a proposed classification of the land as operational was advertised in September 2010. No submissions were received by the closing date of 14 October 2010.

 

Clause 31(2) of the Local Government Act 1993 permits Councils to classify the land as operational land up until three months from the date the land is acquired by Council.? If the land is not classified as operational land within this time the land will automatically become community land.? By way of guidance possibly the easiest way to define the difference between Operational Land and Community land is to consider whether or not the land is open to access from members of the general public.? If it is not then the land should be classified as ?Operational Land?.? If it is, generally it can be considered ?Community Land?.

 

Should the land be classified as Community Land under the Local Government Act, Council will not be in a position to deal with the land should issues arise in the future. ?By way of example this may include instances of granting easements or boundary adjustments.

 

There is also a substantial administrative saving as each parcel of Community Land must, under the Act, be incorporated into a Plan of Management and dealt with according to the provision of that plan as well as the numerous provisions of the Local Government Act that govern the use and management to land classified as ?Community Land?:? A Plan of Management is not required for land classified as Operational.

 

 

CONSULTATION:

 

?????????????? Council GIS Officer

?????????????? Manager Water and Sewerage

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues arising from these recommendations.

 

Social

 

There are no social issues arising from these recommendations.

 

Economic

 

Apart from cost savings in avoiding the management of land classified as Community Land there are no economic issues arising from these recommendations.

 

Risk

 

There are no risks associated with the classification of the land as operational.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Classification of the land as Operational will not impact on future budgets.

 

Source of fund and any variance to working funds

 

The recommendations do not affect nor require variance to working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.5????? SF344????????????? 201011???????? Warrell Creek Hall Committee of Management AGM - 7 September 2011 - Minutes

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Warrell Creek Hall Committee of Management and the new Committee.? Copies of the Minutes of this meeting, held on 7 September 2011, and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall?s Annual General Meeting held on 7 September 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

There are no real options.? Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Warrell Creek Hall?s Committee of Management was held on Wednesday 7 September 2011.

 

The Committee of Management for 2011/2012 comprises:

 

????????? President??????????????????????? Ray Williams

????????? Vice President???????????????? Pip Midson

????????? Secretary??????????????????????? Robyn Wood

????????? Treasurer???????????????????????? Julie Roberts

????????? Booking Officers????????????? Julie Roberts

????????? Committee Members??????? Helen Searle, John and Thelma McInnes, Tracey Welsh,

??????????????????????????????????????????????? Patsy Whalen, Cliff and Audrey Cooper

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

27544/2011 - Minutes of AGM - 7 September 2011

 

??


Ordinary Council Meeting - 20 October 2011

Warrell Creek Hall Committee of Management AGM - 7 September 2011 - Minutes

 






Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.6????? SF343????????????? 201011???????? Valla Public Hall Committee of Management AGM - 24 August 2011 - Minutes

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Valla Public Hall Committee of Management, which was held on 24 August 2011, and the new Committee.? Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall?s Annual General Meeting held on 24 August 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

There are no real options.? Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Public Hall?s Committee of Management was held on Wednesday 24 August 2011.

 

The Committee of Management for 2011/2012 comprises:

 

????????? President??????????????????????? Ron Henderson

????????? Vice President???????????????? Brian Pade

????????? Secretary??????????????????????? Sarah Pade

????????? Treasurer???????????????????????? Peter Trisley

????????? Booking Officer??????????????? Anne Pade

????????? Committee Members??????? Peter Brougham, Kay Brougham, Liz Henderson, Barry Pade, Jan Pade, ??????????????????????????? ?????????????????? Betty Trisley, Ray Schrieber, Lyndall Townend, Hilary Panitz,

??????????????????????????????????????????????? John Windmill

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

27829/2011 - Minutes of the AGM - 24 August 2011

 

??


Ordinary Council Meeting - 20 October 2011

Valla Public Hall Committee of Management AGM - 24 August 2011 - Minutes

 









Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.7????? SF1031??????????? 201011???????? Review of Council Policy - Payment of Fees, Expenses & Provision of Facilities to Councillors

 

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

 

Summary:

 

Section 253 of the Local Government Act requires that Council review this policy at least annually.

 

It is not proposed there be any changes to the Policy adopted in November 2009.? This is there have been no identified issues in the operation of the policy since.? However, Council can elect to make changes to the Policy which will then be advertised for public comment.

 

 

Recommendation:

 

That Council provide public notice of its intention to adopt its existing Policy ? ?Payment of Fees, Expenses and Provision of Facilities to Councillors? without amendment.

 

 

OPTIONS:

 

Council can amend its policy as it sees fit.? Any proposed change should be assessed against the Division of Local Government?s revised Guidelines for the Payment of Expenses and the Provision of Facilities for Mayors and Councillors in NSW.

 

 

DISCUSSION:

 

Section 253 of the Local Government Act requires that Council review this policy at least annually (by 30 November).

 

The policy, which is attached, was last reviewed in April 2011 in response to revisions by the Division of Local Government of their ?Guidelines for the Payment of Expenses and the Provision of Facilities for Mayors and Councillors in NSW?.

 

The Division of Local Government has advised that the policy should be reviewed before 30 November 2011 with a copy forwarded to the Director-General.

 

Notwithstanding, the recommendation that the existing policy not be altered, Council has to resolve its intention to adopt or amend the attached policy and then provide public notice of its intention and allow for a period of at least 28 days to receive public submissions.

 

Following the 28 day public exhibition period there has to be a further report to Council which considers any submissions at which time Council can finally determine the policy with or without amendment.? The adopted policy has then to be forwarded to the Director-General within 28 days.

 

It is not proposed there be any changes to the Policy adopted in November 2009.? This is because a previous review was substantial and there have been no identified issues in the operation of the policy since.? However Council can elect to make changes to the Policy which will then be advertised for public comment.

 


CONSULTATION:

 

None.

 

 

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 issues.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation does not change the provision made in the current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

10901/2010 - POLICY - Payment of Fees, Expenses and Provision of Facilities for Councillors

 

??


Ordinary Council Meeting - 20 October 2011

Review of Council Policy - Payment of Fees, Expenses & Provision of Facilities to Councillors

 

 

 

 

 

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,? 2 October 2009

20 October 2010,? 7 April 2011

 

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.

 


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.8????? SF394????????????? 201011???????? Investment Report to 30 September 2011

 

AUTHOR/ENQUIRIES:???? Faye Hawthorne, Accountant ????????

 

Summary:

 

The total return on investments from 1 July to 30 September 2011 is $238,843.

 

During September Term Deposit interest rates ranged from 5.20% for 30 days and up to 6.00% for 1 year. Council placed three Term Deposits during the month ? one for 5 months @ 5.90%, one for 4 months @ 5.77% and one for $1M at 6% for two years. Council also placed $1 million with ANZ into an On Call account at 6.00%.

 

The Managed Funds balances and returns for the month are:

 

?????????????????? Macquarie Income Plus - balance $3,378,757 positive return $1,637

?????????????????? Blackrock - balance $190,946 with a negative return of $22,585

?????????????????? TCorp - balance $899,450 negative return $10,799

?????????????????? UBS ? balance $6,561, negative return $140

 

Council currently has $6.83 Million with Managed Funds and the balance of $26.01 Million on term deposits.

 

This report details all the investments placed during September and Council funds invested as at 30 September 2011.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 ? Investment of Surplus Funds.

 

C P Doolan

Responsible Accounting Officer

 

Recommendation:

 

That the Accountants? Report on Investments placed to 30 September 2011 be noted.

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during September 2011 and Council funds invested as at 30 September 2011.

 


 

1 Investments Placed 1 to 30 September 2011

 

 

 

 

 

 

 

Date

?Amount

Period (Days)

Institution Accepted With

Rate

 

 

 

 

 

8.9.11

$595,359.13

168

Savings & Loans

5.90%

9.9.11

$1,500,000.00

On Call

ANZ

6.00%

9.9.11

$500,000.00

731

AMP

6.00%

9.9.11

$500,001.00

731

AMP

6.00%

22.9.11

$1,000,000.00

133

IMB

5.77%

 

 

 

 

 

 

 

2 Investments Matured & Interest & Returns 1 to 30 September 2011

 

Term Deposits/Bank Bills

 

Institution

?Amount

Period (Days)

Rate

?Interest

Savings & Loans

?$574,853.40

210

6.20%

?$20,505.73

IMB

?$1,194,304.53

252

6.24%

?$51,452.60

 

 

Managed Funds

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Returns This Month

Annualised Performance FYTD

Returns FYTD

UBS Wealth M'ment Aust Ltd

?$6,561.51

31

-4.78%

-$139.69

0.00%

?$ -??

ANZ (On call)

?$504,331.50

31

6.00%

?$4,331.50

0.98%

?$4,331.50

Macquarie Global Income Opportunity

?$3,378,756.85

31

0.05%

?$1,637.16

-0.56%

-$19,015.19

Blackrock

?$190,946.19

31

-10.58%

-$22,585.03

-10.00%

-$19,505.25

 

 

Long Term Funds

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Coupons Paid to Date

Annualised Performance FYTD

NSW Treasury Corp

?$899,450.88

31

-1.19%

-$10,799.17

-$11,873.92

N/A

-6.19%

Longreach 2-2007*

?$991,460.00

31

0.55%

?$5,460.00

-$10,640.00

?$86,615.06

0.58%

Longreach Series 26*

?$448,650.00

31

1.04%

?$4,600.00

-$47,100.00

?$17,500.00

3.92%

Averon II*

?$411,650.00

31

-0.78%

-$3,250.00

-$88,350.00

?$28,396.10

-1.03%

 


 

3? Investments held at 30 September 2011

 

 

 

 

 

Institution

?Amount

?Date Invested

Period (Days)

Maturity Date

?Interest Due at maturity

Interest

Days to 30.6.12

Interest to 30.6.12

BCCU - No 1

$531,434.50

04/03/11

365

03/03/12

?$34,543.24

6.50%

484

$45,805.29

BCCU - No 2

$723,112.14

27/05/11

1096

27/05/14

?$143,306.96

6.60%

400

$52,301.81

BCCU - No 3

$1,066,847.97

02/06/11

366

02/06/12

?$69,000.22

6.45%

394

$74,278.92

IMB - No 1

$1,000,000.00

22/09/11

133

02/02/12

?$21,024.93

5.77%

282

$44,579.18

IMB - No 2

$1,000,000.00

11/03/11

283

19/12/11

?$48,691.51

6.28%

477

$82,070.14

Bankwest - No 1

$598,551.01

31/03/11

210

27/10/11

?$20,593.43

5.98%

457

$44,815.24

Bendigo & Adel - No 1

$1,060,535.47

14/04/11

469

26/07/12

?$84,488.36

6.20%

443

$79,804.57

Savings & Loans - No 1

$595,359.13

08/09/11

168

23/02/12

?$16,167.67

5.90%

296

$28,485.90

Savings & Loans - No 2

$1,030,065.75

07/10/10

364

06/10/11

?$62,970.04

6.13%

632

$109,332.59

Savings & Loans - No 3

$1,075,159.46

12/11/10

367

14/11/11

?$68,430.51

6.33%

596

$111,129.66

Bank of Qld - No. 1

$1,000,109.59

11/03/11

270

06/12/11

?$46,237.94

6.25%

477

$81,687.03

Newcastle Perm.-No 1

$1,233,494.91

25/08/11

238

19/04/12

?$44,639.00

5.55%

310

$58,143.23

NAB - No 1

$1,049,309.72

10/03/11

224

20/10/11

?$40,247.50

6.25%

478

$85,885.28

NAB - No 2

$1,115,655.59

20/04/11

239

15/12/11

?$45,292.56

6.20%

437

$82,815.27

NAB - No 3

$1,072,443.58

05/07/11

731

05/07/13

?$138,749.52

6.46%

361

$68,520.62

NAB - No 4

$1,135,310.15

28/07/11

196

09/02/12

?$38,224.80

6.27%

338

$65,918.28

NAB - No 5

$800,000.00

05/08/11

286

17/05/12

?$37,485.59

5.98%

330

$43,252.60

NAB - No 6

$1,101,017.99

10/12/10

364

09/12/11

?$72,468.10

6.60%

568

$113,082.09

NAB - No 7

$1,000,000.00

30/06/11

203

19/01/12

?$34,982.74

6.29%

366

$63,072.33

NAB - No 8

$800,000.00

30/06/11

539

20/12/12

?$75,489.53

6.39%

366

$51,260.05

Suncorp - No 1

$886,897.88

09/06/11

187

13/12/11

?$28,489.83

6.27%

387

$58,960.24

Westpac - No 1

$884,435.09

30/06/11

196

12/01/12

?$28,590.76

6.02%

366

$53,388.86

AMP(CPG) - No 1

$1,000,000.00

30/06/11

366

30/06/12

?$62,671.23

6.25%

366

$62,671.23

AMP(CPG) - No 2

$1,000,000.00

22/07/11

272

19/04/12

?$44,712.33

6.00%

344

$56,547.95

AMP(CPG) - No 3

$500,000.00

09/09/11

731

09/09/13

?$60,082.19

6.00%

295

$24,246.58

AMP(CPG) - No 4

$500,000.00

09/09/11

731

09/09/13

?$60,082.19

6.00%

295

$24,246.58

Bendigo & Adel.(CPG)-No 2

$750,000.00

17/06/11

367

18/06/12

?$47,131.85

6.25%

379

$48,672.95

Rabobank(Aust)-No.1

$500,000.00

25/03/11

367

26/03/12

?$33,180.82

6.60%

463

$41,860.27

Rabobank(Aust)-No.2

$1,000,000.00

25/03/11

1832

30/03/16

?$358,871.23

7.15%

463

$90,697.26

ANZ (On Call)

$504,331.50

30/09/11

31

31/10/11

?$2,570.02

6.00%

274

$22,715.64

Blackrock? Fund

$190,946.19

30/09/11

31

31/10/11

?$812.49

5.01%

274

?$,181.36

Macquarie Income

$3,378,756.85

30/09/11

31

31/10/11

?$17,217.77

6.00%

274

$152,182.91

UBS Wealth? Aust Ltd

$6,561.51

30/09/11

31

31/10/11

?$27.86

5.00%

274

?$246.28

NSW Treasury Corp

$899,450.88

30/09/11

31

31/10/11

?$?? -??

0.00%

274

?$? -??

Longreach 2-2007

$991,460.00

30/09/11

31

31/10/11

?$1,684.12

2.00%

274

$14,885.48

Longreach Series 26

$448,650.00

30/09/11

31

31/10/11

?$-??

0.00%

274

?$ -??

Averon II

$411,650.00

30/09/11

31

31/10/11

?$ -??

0.00%

274

?$ -??

TOTAL

?$32,841,546.86

 

 

 

?$1,889,158.84

 

 

?$2,044,743.67

 


 

4 Interest Earned on Investments: September 2011

 

 

 

 

 

Total

Interest earned to date

 

 

 

?$238,842.99

 

Plus

Accrued Interest due to 30/09/11

 

 

 

?$643,922.33

 

Accrued? to 30/09/11

 

 

 

?$882,765.32

 

Plus

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

 

 

 

-$6,810.00

 

* Investment Returns to 30/09/11

 

 

 

?$875,955.32

 

Amount of interest expected from all funds and reserves as per Budget

$1,491,607.00

 

* To ensure consistency, returns take into account unrealised gains in Capital Protected Investments for September of ($6,810)

 

? Unrealised losses were added back in previous investment reports.

 

 

 

 

5? Performance Report

 

 

 

 

TERM DEPOSITS

 

 

 

 

 

 

Institution

Invested Amount

Days Invested

Date of Maturity

Interest Rate

Amount of interest due on maturity

Total interest & investment due on maturity

BCCU - No 1

$531,434.50

365

03/03/12

6.50%

$34,543.24

$565,977.74

BCCU - No 2

$723,112.14

1,096

27/05/14

6.60%

$143,306.96

$866,419.10

BCCU - No 3

$1,066,847.97

366

02/06/12

6.45%

$69,000.22

$1,135,848.19

IMB - No 1

$1,000,000.00

133

02/02/12

5.77%

$21,024.93

$1,021,024.93

IMB - No 2

$1,000,000.00

283

19/12/11

6.28%

$48,691.51

$1,048,691.51

Bankwest - No 1

$598,551.01

210

27/10/11

5.98%

$20,593.43

$619,144.44

Bendigo & Adel. - No 1

$1,060,535.47

469

26/07/12

6.20%

$84,488.36

$1,145,023.83

Savings & Loans - No 1

$595,359.13

168

23/02/12

5.90%

$16,167.67

$611,526.80

Savings & Loans - No 2

$1,030,065.75

364

06/10/11

6.13%

$62,970.04

$1,093,035.79

Savings & Loans - No 3

$1,075,159.46

367

14/11/11

6.33%

$68,430.51

$1,143,589.97

Bank of Qld - No. 1

$1,000,109.59

270

06/12/11

6.25%

$46,237.94

$1,046,347.53

Newcastle Perm.-No 1

$1,233,494.91

238

19/04/12

5.55%

$44,639.00

$1,278,133.91

NAB - No 1

$1,049,309.72

224

20/10/11

6.25%

$40,247.50

$1,089,557.22

NAB - No 2

$1,115,655.59

239

15/12/11

6.20%

$45,292.56

$1,160,948.15

NAB - No 3

$1,072,443.58

731

05/07/13

6.46%

$138,749.52

$1,211,193.10

NAB - No 4

$1,135,310.15

196

09/02/12

6.27%

$38,224.80

$1,173,534.95

NAB - No 5

$800,000.00

286

17/05/12

5.98%

$37,485.59

$837,485.59

NAB - No 6

$1,101,017.99

364

09/12/11

6.60%

$72,468.10

$1,173,486.09

NAB - No 7

$1,000,000.00

203

19/01/12

6.29%

$34,982.74

$1,034,982.74

NAB - No 8

$800,000.00

539

20/12/12

6.39%

$75,489.53

$875,489.53

Suncorp - No 1

$886,897.88

187

13/12/11

6.27%

$28,489.83

$915,387.71

Westpac - No 1

$884,435.09

196

12/01/12

6.02%

$28,590.76

$913,025.85

Bendigo & Adel.(CPG)-No 2

$750,000.00

367

18/06/12

6.25%

$47,131.85

$797,131.85

AMP (CPG) - No 1

$1,000,000.00

366

30/06/12

6.25%

$62,671.23

$1,062,671.23

AMP (CPG) - No 2

$1,000,000.00

272

19/04/12

6.00%

$44,712.33

$1,044,712.33

AMP (CPG) - No 3

$500,000.00

731

09/09/13

6.00%

$60,082.19

$560,082.19

AMP (CPG) - No 4

$500,000.00

731

09/09/13

6.00%

$60,082.19

$560,082.19

Rabobank(Aust)-No.1

$500,000.00

367

26/03/12

6.60%

$33,180.82

$533,180.82

Rabobank(Aust)-No.2

$1,000,000.00

1,832

30/03/16

7.15%

$358,871.23

$1,358,871.23

Total Term Deposits

$26,009,739.93

 

 

 

$1,866,846.58

$27,876,586.51


 

MANAGED FUNDS- Medium term

 

 

 

 

 

 

 

Blackrock Diversified Credit? - Anticipated return per month - 5.01%

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$210,451.44

 

 

 

$210,451.44

Returns

31/07/2011

 

 

$3,079.78

 

$213,531.22

Returns

31/08/2011

 

 

$0.00

 

$213,531.22

Returns

30/09/2011

 

 

-$22,585.03

 

$190,946.19

 

 

$210,451.44

$0.00

-$19,505.25

$0.00

$190,946.19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Macquarie Global Income Opportunity - Anticipated return per month - 6.00%

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$3,397,772.04

 

 

 

$3,397,772.04

Returns

31/07/2011

 

 

$23,550.79

 

$3,421,322.83

Returns

31/08/2011

 

 

-$44,203.14

 

$3,377,119.69

Returns

30/09/2011

 

 

$1,637.16

 

$3,378,756.85

 

 

$3,397,772.04

$0.00

-$19,015.19

$0.00

$3,378,756.85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UBS Wealth Management Aust Ltd - Anticipated return per month - 5.00%

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$7,488.94

 

 

 

$7,488.94

Quarterly Management Fee

14/07/2011

 

 

-$424.51

 

$7,064.43

Returns

31/08/2011

 

 

-$363.23

 

$6,701.20

Returns

14/09/2011

 

 

-$320.21

 

$6,380.99

Returns

30/09/2011

 

 

$180.52

 

$6,561.51

 

 

$7,488.94

$0.00

-$927.43

$0.00

$6,561.51

 

ANZ (On Call) - Anticipated return per month -6.00%

 

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$0.00

 

 

 

$0.00

Returns

9/09/2011

$1,500,000.00

 

$0.00

 

$1,500,000.00

Redemption

14/09/2011

 

 

 

-$300,000.00

$1,200,000.00

Redemption

21/09/2011

 

 

 

-$350,000.00

$850,000.00

Redemption

29/09/2011

 

 

 

-$350,000.00

$500,000.00

Returns

30/09/2011

 

 

$4,331.50

 

$504,331.50

 

 

$1,500,000.00

$0.00

$4,331.50

-$1,000,000.00

$504,331.50


 

MANAGED FUNDS- Long Term Funds

 

 

 

 

NSW Treasury Corp- Anticipated return per month - 0.00%

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$955,880.45

 

 

 

$955,880.45

Returns

31/07/2011

 

 

-$15,512.71

 

$940,367.74

Returns

31/08/2011

 

 

-$30,117.69

 

$910,250.05

Returns

30/09/2011

 

 

-$10,799.17

 

$899,450.88

 

 

$955,880.45

$0.00

-$56,429.57

$0.00

$899,450.88

 

 

Longreach 2-2007 - (Capital Protected) - Anticipated return per month - 2.00%

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$985,670.00

 

 

 

$985,670.00

Returns

31/07/2011

 

 

-$4,370.00

 

$981,300.00

Returns

31/08/2011

 

 

$4,700.00

 

$986,000.00

Returns

30/09/2011

 

 

$5,460.00

 

$991,460.00

 

 

$985,670.00

$0.00

$5,790.00

$0.00

$991,460.00

 

 

Longreach Series 26 (Capital Protected) - Anticipated return per month - 0.00%

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$431,150.00

 

 

 

$431,150.00

Returns

31/07/2011

 

 

$4,100.00

 

$435,250.00

Returns

31/08/2011

 

 

$8,800.00

 

$444,050.00

Returns

30/09/2011

 

 

$4,600.00

 

$448,650.00

 

 

$431,150.00

$0.00

$17,500.00

$0.00

$448,650.00

 

 

Averon II (Capital Protected) - Anticipated return per month - 0.00%

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2011

$415,900.00

 

 

 

$415,900.00

Returns

31/07/2011

 

 

-$1,700.00

 

$414,200.00

Returns

31/08/2011

 

 

$700.00

 

$414,900.00

Returns

30/09/2011

 

 

-$3,250.00

 

$411,650.00

 

 

$415,900.00

$0.00

-$4,250.00

$0.00

$411,650.00

Total Managed Funds-Performance since July, 2011

$0.00

-$72,505.94

-$1,000,000.00

$6,831,806.93

Total investments for the month

 

 

 

 

 

$32,841,546.86

Total investments on maturity

 

 

 

 

 

$34,708,393.44

 


CONSULTATION:

 

Grove Research and Advisory.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

That Council may not meet its budget returns for 2011/2012 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2011/2012 will be completed with the September 2011 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2011 Budget Review.? Variances will be distributed between the Water, Sewerage and General Funds for the first quarter of the financial year.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

General Manager's Report

ITEM 8.9????? DA2004/020????? 201011???????? Scotts Head Lifestyle Homes - Proposed Planning Agreement

 

AUTHOR/ENQUIRIES:???? Wayne Lowe, Manager Business Development; Michael Coulter, General Manager ????????

 

Summary:

 

An offer has been made to Council to enter into a planning agreement to receive for a nominal value, the residue of Lot 191 DP 259408, following the issue of consent for a (approximate) 5 lot subdivision off Panorama Parade.

 

It is recommended that Council not accept the offer because of the perceived conflict of interest which Council will have between its regulatory responsibility to consider a new or modified development application for subdivision and its financial/economic interests in entering into a planning agreement to accept ownership of the residue of the land.? There are also other risks and costs associated with accepting ownership of the residue of the land relating to bushfire management, slope stability and coastal hazards.

 

 

Recommendation:

 

1??????? That Council not enter into a planning agreement with Scotts Head Lifestyle Homes for the dedication of the residual portion of Lot 191 to Council premised on development consent being provided for a 5 lot (approximate) subdivision off Panorama Parade, Scotts Head.

 

2??????? That Council thank Scotts Head Lifestyle Homes for their offer of this land to council and advise them that acquiring this land is not in the council?s interests.

 

 

 

OPTIONS:

 

Council can accept the offer by Jackaroo Property to enter into the planning agreement.

 

If it were to accept the offer, it is suggested that the assessment of the development application (or modification) for the subdivision off Panorama Parade be outsourced to an ?independent? town planner.

 

 

DISCUSSION:

 

Scotts Head Lifestyle Homes Pty Ltd (SHLH) is the registered proprietor of Lot 191 DP 259408.? The cadastre map showing the property is a circularised document.

 

Jackaroo Property represents SHLH.

 

Brief Description of Subject Property:

 

Lot 191 DP 259408 is a 7.354 hectare allotment that, at its highest point, has expansive views over the ocean. The property is zoned General Residential R1 under the Nambucca LEP 2010.

 

Numerous development consents have issued, either by the Land & Environment court or Council since 2004. The current owner seeks to modify the current consent or resubmit a fresh development application for a 5 lot residential subdivision centred largely at the part of Lot 191 adjacent to the eastern end Panorama Parade.? This part of the site has extensive ocean views and the vacant residential land could be expected to command a premium price.

 

The owners representative has suggested the possibility of a planning agreement with respect to the application whereby the residual portion of lot 191 be dedicated to Council for community use. Under a planning agreement section 94 contributions are not payable.

?

Physically commenced development Consents:

 

On the 14 April 2011 Council advised in writing that it concurs that three separate development consents issued by the Land and Environment Court during 2004 have achieved substantial commencement.

 

Landowner?s situation

 

Council is advised that the registered owner of the property, Scotts Head Lifestyle Homes Pty Limited, is managed by directors appointed by its mortgagee.

 

Proposed development of lot 191

 

The Directors believe a more feasible development is the subdivision of residential allotments from that part of the subject property with access from Panorama Parade. This subdivision would yield, subject to council approval, in the order of 4 or 5 residential allotments.

 

The landowner proposes, subject to obtaining a development consent, to dedicate the residue of lot 191 to council for community and public benefit uses. It is proposed that the dedication of the land would be made to council at a nominal value.

 

Possible development and use of the residual portion of Lot 191.

 

The General Manager and Manager Business Development have identified two options;

 

1.???????? Council maintain the land as natural bushland.

 

2.???????? For council to develop part of the land as a camping area under the management of the National Parks and Wildlife Service or the Reserve Trust. The land is located to the south of the new Garrgal Wangan National Park and immediately to the north of the Christian Youth Centre.? It could act as an overflow camping area for campers at the Scotts Head Caravan Park and would cater for future tourism growth within the town as well as supporting the newly developed national park.

 

Discussions between the Director of Environment and Planning and Manager of Business Development also identified the possible use of the land for the future development as a community centre and/or community open space. The Director of Environment and Planning has noted the potential impact of the proposed Coastal Hazard Management Plan on the future use of Lot 191.

 

Assessment of Proposal

 

Development consent has been issued for a community title subdivision of the land.? SHLH now seek to either modify the development or resubmit a new development application for a (approximately) 5 lot residential subdivision contained largely at the section of Lot 191 adjacent to the eastern end of Panorama Parade.

 

The revised development proposal (if approved) includes an offer of dedicating the balance of lot 191 to Council pursuant to a planning agreement. It is proposed that that land will be dedicated for community and public benefit.

 

The zone R1 allows for the use of the land proposed to be offered in a planning agreement for community facilities as well as tourist and visitor accommodation.? A section of the land immediately to the north of the Christian Youth Centre may be suitable for a camping ground.

 

The benefits and liabilities that will accrue to Council from such a proposal have not been fully scoped or costed. In brief however issues which would require further investigation include an assessment of:

 

The benefits that will fall to Council from obtaining:

 

1.???????? An increase in community land holdings including land for community facilities.

2.???????? Control of an environmentally sensitive area.

3.???????? Control of a potentially suitable development site for camping grounds as an adjunct to the existing camping facilities in Scotts Head.

4.???????? Potential to offer the land to National Parks or Department of Lands to develop, manage and maintain to create increased economic activity for Scotts Head.

???????????

Against the potential problems/costs that will arise including:

 

1.???????? The perceived conflict of interest which Council will have between its regulatory responsibility to consider a new or modified development application for subdivision and its financial/economic interests in entering into a planning agreement to accept ownership of the residue of the land.

2.???????? Foregone section 94 payments ( pursuant? to a planning agreement)

3.???????? Foregone rates

4.???????? Liabilities as to maintenance of the land (the current owner advises that rudimentary maintenance costs $7-10,000 per annum).

5.???????? Liabilities as to fire hazard controls

6.???????? Liabilities and maintenance of land slip area.

7.???????? Constraints on future development of the site.

8.???????? The impact of the draft Coastal Hazard policy to be considered by Council in the near future.

 

The assessment of staff who have inspected the land is that the lower, flatter section of the land adjacent to Forsters Beach and next to the Christian Youth Centre, which is proposed to be dedicated to Council via a planning agreement, has some potential for a camping ground.? However the proposed subdivision which would occur next to existing houses in Panorama Crescent is likely to be contentious.

 

Accordingly Council would have difficulty demonstrating it could approach the assessment of the subdivision in an impartial way if it were to accept the proposed planning agreement.? There are additional risks/costs in accepting the land relating to managing its bush fire hazard and also the unknown impact of new coastal hazard land use policies.

 

 

CONSULTATION:

 

Jackaroo Property

General Manager

Director of Environment and Planning.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It seems clear that the subject site provides potential habitat for a number of threatened species. The management and enhancement of the existing ecological values of the site provides a significant public benefit.

 

Social

 

The recommendations do not give rise to any social implications at this stage.

 

Economic

 

The economic benefit to the community would be tourism related providing for increased camping capacity within Scotts Head.

 

On the flip side the cost burden of maintenance of the land will be at least $7,000 per annum and all future rates payable on the land will be forfeited.

 

Risk

 

Acquisition of the land brings with it obligations and responsibilities as to maintenance and hazard reduction including, fire hazard and land slip.

 

Further the new Coastal Hazard Management Plan could pose additional risks as to the use of the land in the future.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation does not have any budgetary impact.? Entering into the proposed Planning Agreement would have a budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - Cadastre map showing the property

 

??


Ordinary Council Meeting - 20 October 2011

Scotts Head Lifestyle Homes - Proposed Planning Agreement

 

 

 

 

 

CIRCULARISED DOCUMENT -

 

Scotts Head Lifestyle Homes - Proposed Planning Agreement

 

Cadastre map showing the property

 

 

 

?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

Director Environment & Planning's Report

ITEM 9.1????? SF1589??????????? 201011???????? DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

 

AUTHOR/ENQUIRIES:???? Emma Shaw, Administration Support Officer ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2011-2012 compared with 2010-2011 and Certificate Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2011-June 2012 compared with July 2010-June 2011.

 

2????????? That Council note Occupational Certificate released for the years 2007 to 2011.

 

3????????? That Council note the statistical information for Applications and Certificates received by Council for 2007-2011.

 

 

Development Application Statistics

 

The figures show a -17.31% decrease in the number of DA?s received to September 2011 with construction costs decreasing by -215.50% compared to the same period in 2010/2011. The total number of DA?s/CD?s approved for the month of September was 23 plus 1 modification.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2010-Sept 2010

$6,075,808

61

57

July 2011-Sept 2011

$4,621,466

52

52

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2011

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

52.83

40

64.92

133

28

February

42.94

34

63.64

190

10

March

46.41

33

50.05

127

14

April

31.25

33

55.37

308

2

May

43.38**

42

181.12

2761**

8

June

35.88

27

59

167

22

July

28.87

20

40.60

144

11

August

35.5

32

44.25

66

4

September

21.5

28

49.9

314

8

October

 

 

 

 

 

November

 

 

 

 

 

December

 

 

 

 

 

 

**? DA 2004/136 (East-West Road Subdivision) has not been included in the Mean or Median Times

#Average age of DA?s

 

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

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

1

0

39

2010 Council

3

6

2

1

2

1

9

3

1

2

2

0

32

2011 Private Cert

1

0

3

7

4

4

3

1

7

 

 

 

30

2011 Council

2

2

0

1

0

1

1

0

2

 

 

 

9

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (Jan-Sept)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2007

206

564

163

2008

212

532

135

2009

182

572

123

2010

167

511

106

2011

224

482

83

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

2

4

5

7

1

3

4

55

4.58

Council
2010

10

14

9

12

11

7

11

7

6

3

2

7

99

8.25

Private
2011

9

6

11

0

5

12

3

10

9

 

 

 

65

7.20

Council
2011

6

22

15

5

10

11

12

15

6

 

 

 

102

11.30

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

Director Environment & Planning's Report

ITEM 9.2????? SF1589??????????? 201011???????? Outstanding DA's in excess of 12 months, applications where submissions received not determined to 7 October 2011

 

AUTHOR/ENQUIRIES:???? Lisa Hall, Administrative Support Officer ????????

 

Summary:

 

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). DA 2010/221 was received on 3 September 2010 and remains undetermined due to matters outside of Council's control.

 

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

 

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

 

 

Recommendation:

 

1??????? That the list of outstanding development applications (in excess of 12 months old) be noted and received for information by Council.

 

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

 

 

 

TABLE 1: DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2010/221

03/09/2010

Additions to existing pre-school

 

Part Lot 8 DP 821952, Valla Beach Road, Valla Beach

 

This application was placed on hold pending further discussions regarding a Bushfire Hazard easement over the adjoining land. Whilst the applicants were requested to withdraw the application, they requested that the matter remain live as external funding is tied to this proposal and progress has been made with the adjoining landowners regarding the easement with a finalisation considered imminent.

 

 


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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/011

01/02/2011

13 Lot Large Lot Residential Subdivision plus new road

Lot 1 DP 1087301, Wirrimbi Road, Newee Creek

? Entrance to property compromised

? Traffic concerns

? Co-ax cable underneath subdivision

? Protection of natural waterways and erosion and siltation

? Area flood prone

? Fire hazard concerns with bushland

Concerns will be addressed when assessing the application

Additional information received from applicant and referred to DECCW (Office of Water) 23/05/2011

Advice from DECCW has been received

Response received from RFS requesting additional information

Applicant submitted the information which has been referred to the RFS for further assessment

RFS comment received.

Now being assessed.

2011/053

18/03/2011

16 Unit Residential Dwellings & Associated Landscaping, Driveway and Communal Areas

Lot 1 DP 1108420, 17-23 Piggott Street, Nambucca Heads

? Use of open space area

? Loss of views

? Traffic issues

? Water run-off and drainage

? State of the road surface

? No footpaths

 

Additional information received 18/4/11.

Second referral provided to Engineering Department to address drainage issues.

Still awaiting flood study information from applicant.

The applicant has advised the information will be submitted by 29 July 2011.

30 day letter sent 2/8/11 requesting information to be lodged in relation to flooding issues

Information received and consent to be issued by 14 October 2011.

2011/071

03/05/2011

20 new Independent Living Dwellings

Lot 31 DP 730231, 1-3 Short Street, Macksville

? Concerns with sharing bathrooms

? Blocking of sunlight to other units

30 day letter sent 2/8/11 requesting information required for assessment of the application in relation to flooding issues

Information received and consent to be issued by 14 October 2011.

2011/103

24/06/2011

Bed & Breakfast Accommodation

Lot 873 DP 601418, 95 Helliwells Road, Missabotti

? Horticulture business operated with use of machinery and bird scaring devices ? potential noise impacts to B&B

Site inspection to take place 2/8/11.

Requires a BASIX Certificate

Soil Assessment report now being assessed by Manager Health & Building

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/122

26/07/2011

17 Lot Large Lot and Rural Subdivision and Boundary Adjustment

Lot 2 DP 613260 & Lot 1 DP 213434, 532 Rodeo Drive, Wirrimbi

? Building envelopes should be adhered to and not changed ? to ensure views are kept

? No restrictions on church activities by future residents

Have now received further information from applicant in relation to Aboriginal Cultural Heritage.

Awaiting assessment

 

2011/139

23/08/11

Crematorium, Chapel and Associated Facilities

Lot? 51 DP 613620, Foxs Road, Nambucca Heads

? Crematorium will create ?black spot? on highway as turning lane into Foxs Road won?t be long enough for funeral traffic and traffic coming out of Foxs Road will find it difficult to judge gap in traffic.

This issue was also raised when the land was rezoned under the previous LEP via Amendment 57, gazetted on 8 December 2006. The DA has been referred to the RTA for their comments, as it was with the LEP Amendment. The RTA advised, at that time, that safety and efficiency matters can be addressed at the development application stage, provided they are included as specific conditions in any future development consent. No response has been received as yet from the RTA.

Awaiting response from applicant re high likelihood of Aboriginal artefacts being found, as per advice from Nambucca Heads LALC.

 

 

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????????????????????????????????? 20 October 2011

Director Environment & Planning's Report

ITEM 9.3????? SF1589??????????? 201011???????? DA's and CDC's Received and Determined under Delegated Authority to 7 October 2011

 

AUTHOR/ENQUIRIES:???? Lisa Hall, Administrative Support Officer ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

DEVELOPMENT APPLICATIONS RECEIVED TO 7 OCTOBER 2011

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2011/156

27/09/2011

Repco Auto Parts

Footpath Sign

Lot 510 DP 257133, 6 Old Coast Road, Mulgrave

0

2011/157

28/09/2011

Quintessential Homes

Dwelling-House

Lot 12 DP 1134592, 5 Ibis Court, Nambucca Heads

238,000

2011/158

30/09/2011

Marnies Takeaway

Footpath Sign

Lot 13 DP 560281,? 6 Cooper Street, Macksville

0

2011/159

04/10/2011

Cavalier Homes North Coast

Dwelling-House

Lot 4 DP 243551, 4 Piggott Street, Nambucca Heads

258,928

2011/160

05/10/2011

Aqua Vista Realty

Footpath Sign

Lot 11 DP 591368, 8 Bowra Street, Nambucca Heads

0

2011/161

07/10/2011

Mr I Rose

Shed

Lot 14 DP 786630, 10 Connors Crescent, Macksville

20,500

2011/162

07/10/2011

K & N Spicer Constructions

Dwelling Additions

Lot 207 DP 755537, 105 Wilson Road, Congarinni North

150,000

 

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED TO 7 OCTOBER 2011

 

Nil


 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 7 OCTOBER 2011

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2011/140

Lot 1072 DP 1120105, 142 East West Road, Valla

Workshop/Hobby Shed

27,875

2011/110

Lot 31 DP 22770, 48 Seaview Street, Nambucca Heads

Dwelling Additions

200,000

2011/149

Lot 2 DP 216998, 27 Bowra Street, Nambucca Heads

Footpath Trading/Caf?/Signs

0

2011/150

Lot 4 DP 722666, 12 River Street, Macksville

Footpath Trading/Caf?/Signs

0

2011/153

Lot 1 DP 783842, 47a Bowra Street, Nambucca Heads

Footpath Trading/Caf?/Signs

0

2011/154