NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

12 June 2013

 

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 last Thursday of each month commencing at 5.30 pm AND and a full day meeting commencing at 8.30am on the Wednesday two weeks and one day before the Thursday meeting. 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 - 12 June 2013

 

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 - 30 May 2013

5??????? NOTICES OF MOTION ?

6??????? PUBLIC FORUM - DELEGATIONS

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

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports........................................ 2

9.2???? Independent Local Government Review Panel - Future Directions for NSW Local Government - Twenty Essential Steps................................................................................ 2

9.3???? Request to Acquire a Section of Gordon Park - Response from the Crown Lands Division........................................... 2

9.4???? Proposed Bridge over the Nambucca River - Navigation Clearances........................................................................ 2

10????? Assistant General Manager Corporate and Community Services Report

10.1?? Remuneration for Mayor and Councillors - 2013/14.............. 2

10.2?? Donations Program 2013-2014........................................... 2

10.3?? Code Of Conduct 2013 ? Commencement And Key Resources......................................................................... 2

10.4?? Investment Report to 31 May 2013..................................... 2

10.5?? Minutes of the Access Committee meeting held 23 April 2013????????????????????????????????????????????????????????????????????????????????????????? 2

10.6?? Re-reporting Modification to 2012/010 to remove Lot 14 from the development................................................................ 2

10.7?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 May - 7 June 2013................................................................................. 2

10.8?? Contract Regulatory Officer's Report May 2013................... 2

10.9?? Schedule of Council Public Meetings................................... 2

11????? Assistant General Manager Engineering Services Report

11.1?? Disposal of Closed Road - Taylors Arm Road, Burrapine...... 2 ???


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

12.1?? Request to Acquire a Section of Gordon Park - Response from the Applicant

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

??

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

 

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

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

???? TO CLOSE

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

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

13????? MEETING CLOSED TO THE PUBLIC

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

 

 

 

 

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

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

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

??????? ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

General Manager

ITEM 9.1???? SF270????????????? 120613??????? Outstanding Actions and Reports

 

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

 

 

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

 

 

Recommendation:

 

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

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

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

 

GM

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

RTA has 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.

DEP advised meeting arranged with RTA.

Draft flood study likely to be presented to Council May/June 2012.

Re the delay, Council?s Strategic Planner has followed up the RMS.

Staff meeting with Consultants on Wednesday 18/10/12.

Funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.

JUNE 2011

2

SF841

2/06/2011

Council write to the RMS 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.

 

AGMCCS

Letter sent 8 June 2011.

No response as at 6 December 2011.

Further letter sent 10 January 2012.

No formal response, however RMS have verbally advised that a formal response will be with Council prior to the end of May 2012

DEP to follow up with RMS.

To be discussed further with RMS.

Further letter sent 4 January 2013.

No response as at 4 March 2013

Further letter sent 17 April 2013 with copy to Mr Stoner.

Meeting with RMS on 30 May.? Issue discussed.? RMS advise that the per metre cost of the bridge with standard 35m T beams is approximately 50% of ?in situ? construction with cranes.? Response will be forthcoming.


 

JULY 2011

3

SF1031

21/7/2011

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

 

GM

Policy under revision and to be reported to future meeting.? Also the State Government policy has recently changed.

 

Awaiting finalisation of Nambucca River Flood Studies

 

OCTOBER 2011

4

SF1595

20/10/2011

Council review its Tree Maintenance and Removal Application Policy asap, to provide greater clarity with regard to application assessments

 

AGMES

January GPC

Draft policy to be provided to Councillors at the end of January for comment and report to March GPC.

 

Further work being undertaken on the policy emanating from the resolutions of Council?s meeting 2/2/12. Draft policy will now be provided to Councillors for comment at end of February.

Due to natural disasters deferred to May 2012.

Deferred until   October following the election of the new Council and to be included in Tree Register? Item No 11 below. Deferred to November 2012.

 

Memo to be provided to Councillors week ending 31 May 2013 with Policy procedures for comment (resolution considered within the draft policy and operational guidelines)

 

5

SF1460

17/11/2011

Structure of the Farmland (rate) Category be changed to incorporate the statutory minimum with ad valorem maintaining yield. Council undertake a review of the farmland criteria to better reflect high intensity pursuits.

 

AGMCCS

Farmland criteria to be revised prior to the issuing of the 2012/13 rates.

 

Change in Rates staff meant that there has not been the opportunity to review the criteria.? To be reported in 2012/2013.

Once Finance Structure resolved this matter should progress.

FEBRUARY 2012

6

GB2/12

02/02/2012

Appropriate sized nesting boxes be placed in trees in close proximity to the Cabbage Gum site (Link Road)

AGMES

Nesting boxes were installed in December 2012, advanced trees still awaiting delivery.

 

Advanced trees have been sourced and are scheduled for delivery to Council after Easter

Transport issues experienced with the nursery supplying the trees, anticipated delivery now end of May

 

MARCH 2012

 

7

SF1743

15/03/2012

The tree register be referred back to the DES so that he may prepare a further report and recommendation to Council on a proposal which addresses historic, senescent or publicly significant trees on public land in urban areas.

 

AGMES

Report will be presented to Council in August 2012.

To incorporate outstanding action No 5 above.

Deferred until October following Council elections.

Deferred until November 2012.

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? March 2013

 

Memo to be provided to Councillors week ending 31 May 2013 with Policy procedures for comment (tree registered considered within the draft policy and operational guidelines)

 

 


 

AUGUST 2012

8

SF96

15/08/2012

Council develop a policy in relation to the erection of signs on public land.

 

AGMES

A draft policy will be developed for Council in November 2012

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction - March 2013

 

Awaiting TASIC guidelines for tourist signage to complete policy and guidelines.? In accordance with Council procedures a memo will be provided to Council with the new policy ? April 2013.

 

Memo to be provided to Councillors week ending 31 May 2013 with Policy procedures for comment

?

OCTOBER 2012

9

DA2012/069

25/10/2012

Council to seek full external funding for independent traffic study for Pacific Highway Upper Warrell Creek Road Intersection

MBD/

G&CO

Investigations underway

Discussed at meeting on 18 March 2013.? Agreed that Boral and APS would prepare a traffic study.

NOVEMBER 2012

10

SF29

29/11/2012

Representatives of Clarence Valley Council be requested to meet with representatives of this Council to discuss the distribution of the assets and liabilities of the CRL.

 

GM

Letter sent 5 December 2012.? Discussion with CVC General Manager who requested the matters of contention be listed in an email.? Points of contention emailed 28 February 2013.? Response received and being discussed with Manager Community and Cultural Services.

Further letter sent to Clarence Valley Council asking for a breakdown of $206,241 paid for ?redundancies and terminations?.

JANUARY 2013

 

11

RF275

16/01/2013

Councillors to be notified of DA?s with a value or cost > $1m.

 

AGMCCS

On-going

 

12

SF1817

16/01/2013

Council review its tree removal policy and incorporate suggestions contained in NoM ? the 6D principles.

 

AGMES

Report February 2013

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction in April 2013.

 

 

Memo to be provided to Councillors week ending 31 May 2013 with Policy procedures for comment )resolution considered within the draft policy and operational guidelines)

 

 

13

SF734

16/01/2013

Council undertake a seminar on the implications of the upgrade of the Pacific Highway for the Nambucca Valley and a further report come to Council on proposed speakers, a budget and the availability or otherwise of funding from Industry & Investment.

 

GM

Report March 2013.? Deferred to allow for consultation with the RMS and Kempsey Shire Council.

Propose to conduct in association with urban design proposals.

 

 

14

SF848

16/01/2013

1.? Council review all public facilities managed by CoM where Council pays the water account and determine reasonable water usage.

2.? Write to CoM that manage public facilities where Council pays the water account and advise the CoM will have to pay for all water usage above a fixed volume commencing in 2013/14.

GM

Letters sent to Committees of Management specifying their fixed volume.

 

15

LF167

31/01/2013

Mayor and AGMCCS visit the owner of 5625 Pacific Highway, North Macksville and explain the seriousness of Council?s orders and discuss options for rectifying the problem.

 

AGMCCS

Arrangements being made.

On site meeting held. Positive steps for progress.

Plumber engaged by landowners. Recent wet weather has restricted any progress.

 

Application received 22 March 2013 and referred to DI&I (Fisheries) 15 April 2013

 

 

FEBRUARY 2013

 

16

SF84

13/02/2013

Council advise the RFS that it is only prepared to accept the RFS Bid for 2013/14 indexed as per the rate pegging levy of 3.4%.

 

AGMES

Letter sent.? Awaiting response.

 

Letter sent to the RFS Commissioner, Minister and RFS Zone Manager.

-???? NIL response from State Government

-???????? Amended Bid from the Zone Manager provided ? ???? to be reported at the April Council meeting.

-???? To be reported to Council mid June

 

 

17

SF1817

28/2/2013

Council write as a matter of urgency to the RMS to place a 60km/hr speed zone on the Pacific Highway at the Link Road, Nambucca Heads intersection.

Also that the RMS be asked to install advising signs on the Highway alerting motorists to the intersection.

 

GM

Letter sent on 6 March 2013.? Response received 28 March 2013 indicating the RMS is in the process of conducting a speed zone review at this location.

 

MARCH 2013

 

18

PRF54

13/3/2013

A further meeting of stakeholders be arranged to discuss options for the on-going management of the Gumma Reserve.

 

GM

Meeting to be arranged in April 2013.? This meeting was postponed (3/4) to a future date.

Meeting arranged for 6 June 2013.

 

 

 

19

SF1031

28/3/2013

That there be a review in 6 months time of the policy on rainwater tank rebates to determine whether or not there should be an increase in funding.

 

AGMES

Report due October 2013

 

20

SF1760

28/3/0213

That Council be provided with a report on Waste Depot fees for non-service residents, including the possibility of a voucher system.? The report is to provide feedback on how other councils are handling this matter.

 

GM

To be reported with draft budget.? Anticipate June 2013.? Opportunity to provide a form of rural waste service with funding through the waste levy grant.? Approval being sought from the EPA to use waste levy funding to trial a twice per year rural service whereby a mixed waste truck and a recycling truck would be stationed at Burrapine, South Arm, North Arm and Missabotti for 4 hours on a Saturday morning to receive? source separated waste and recyclables.? The service would be available to any person paying the tip availability charge but not receiving a waste service.? If the EPA endorses the proposal, it will be reported to Council for endorsement and then extensively advertised by direct mail and in the rates newsletter.

EPA has approved proposal.? Report in July.

 

 

21

RF284

28/3/2013

Council write to the Minister for Transport to expedite the upgrade and replacement of load limited railway bridges (overpasses) on Browns Crossing Road

 

AGMES

Letter written w/e 5/4/2013

 

Verbal advice has been provided to Council that a Ministerial request for information was forwarded to the Rail Authority seeking information on the bridges.

 

APRIL 2013

 

22

SF601

10/4/2013

Council request RMS to urgently prepare for On and Off ramps for the Pacific Highway in the vicinity in North Macksville as to facilitate a discussion

 

GM

Letter sent to RMS on 12 April 2013

Mayor and Ms Janine Reed attended Community Cabinet meeting in Taree on 20 May 2013 in relation to this.

 

Meeting with rms 30 May 2013.? Issue discussed.? Rms are preparing a concept with indicative costing and will supply to Council.

 

Suggested indicative costing is $10M.

 

23

DA2012/010

10/4/2013

That this application be deferred to enable further discussion with the applicant

 

MAC

Will be scheduled for further consideration following discussions

Strata subdivision, Princess Street Macksville

 

 

MAY 2013

 

24

SF894

15/5/2013

A further report come to Council on the Independent Local Government Review Panel ?Twenty Essential Steps? report on the outcome of discussions with other Councils prior to making a final submission.

 

GM

Report mid June 2013

 

25

SF1618

15/5/2013

Draft Community Strategic Plan ? Council note the submissions and recommendations associated with antimony mining and consider ways to address these submissions outside the process of the adopted the CSP.

 

GM

Report in June 2013

 

26

SF844

30/5/2013

Cr Flack?s question concerning the concentration of salt and other minerals in BORS and how they will be managed.

AGMES

NSW Public Works to obtain advice form GHD

 

To be discussed at BORS meeting 5 June 2013.

 

27

SF453

30/5/2013

Council write to the GM of CHCC requesting that as the lead Council in the (waste) agreement they undertake an evaluation of the biomass processing rather than rely on the contractor who has a commercial interest.? Also request figures on how much biomass has been sold to date.

GM

Letter sent 6 June 2013

 

28

SF453

30/5/2013

That a report come to Council on the comparison of waste costs from a Sydney council and Mid North and North Coast councils.

AGMES

Report in July 2013

 

29

SF453

30/5/2013

The GM consult with Bellingen Shire Council to gauge its interest in forming a working group to review the Coffs Coast Waste Service?s strategic direction.

GM

Letter sent 6 June 2013.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

General Manager

ITEM 9.2???? SF894????????????? 120613??????? Independent Local Government Review Panel - Future Directions for NSW Local Government - Twenty Essential Steps

 

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

 

Summary:

 

The Independent Local Government Review Panel has suggested the formation of statutory bodies, multi-purpose County Councils, with the following functions (at a minimum):

 

????? Strategic regional and sub-regional planning

????? Regional advocacy, inter-government relations and promoting collaboration with State and federal agencies in infrastructure and service provision

????? Management of, or technical support for, water utilities

????? Road network planning and major projects

????? Waste and environmental management (including weeds and floodplain management)

????? Regional economic development

????? Library services

????? ?High level? corporate services

 

Depending upon the final definition of this minimum set of core functions, there is a real risk that the list as proposed will render smaller ?residual? councils like Nambucca unworkable and redundant.? Even if Council retains its water and sewerage operations staff, the suggested core functions would see the transfer of perhaps 25 to 30 staff from this Council?s operations.? This Council will find it very difficult, if not impossible, to spread its operating overheads across a much smaller revenue base and organisation structure.

 

Perhaps more importantly, the existing elected Council would be emasculated as a decision making authority.? Already the State Government has removed responsibility for major development applications from councils.? The proposed functions of the multi-purpose County Councils would mean that most major policy and expenditure decisions in relation to water, sewerage, roads, waste, environmental management and libraries would be made by the County Council.

 

However what is critical is not whether the Council in its current form continues or not.? What is critical is that any new model for local government for the Nambucca Valley be more efficient and effective whilst keeping the ?local? in local government.? The Panel?s report provides no evidence that their proposed County Council model will deliver any of these requirements.? Indeed the evidence is to the contrary.? Their research of the outcomes of the 2004 local government boundary changes shows no particular evidence of enhanced efficiency.? The evidence from the recent investigation by the NSW Treasury Corporation of the financial sustainability of NSW Councils is that on the Mid North Coast there is no relationship between the size of a Council and its financial sustainability.

 

Whilst the Panel emphasises that County Councils are not an additional tier of government (page 34), it makes no comment on the potential inefficiencies of establishing multi-purpose County Councils alongside multi-purpose Councils with both undertaking the business of local government.? Like the constituent councils, the County Council requires a management structure and other operational overheads.? It is difficult to see how increasing bureaucracies from four to five will provide an efficiency return.

 

 

Recommendation:

 

Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the ?local? in local government.? For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report.

 

 

OPTIONS:

 

Council has many options in the manner in which it responds to the ?Twenty Essential Steps? paper.

 

Council could support or actively oppose the proposed reforms.? An issue with either approach is that given the far reaching nature of the recommendations proposing the establishment of multi-purpose County Councils there is only scant information in the report about it.? The information is limited to eight dot points and a few additional paragraphs.

 

Whilst the information is scant, the Council does need to consider how the proposal may affect its residents.? The report does this whilst seeking to obtain further detail on the proposed multi-purpose County Councils.

 

The report does not canvass other options for achieving economies of scale through mandatory alliances.? One potential model would be to mandate that specified groups of Councils enter into binding alliances for those corporate functions where there are likely to be efficiency gains with increased scale.? IT is one example.? Rather than creating another bureaucracy such as a County Council this could be achieved by a group of Councils jointly owning a company that provides the service to the constituent councils.

 

DISCUSSION:

 

Councillors and senior staff attended a workshop on the Independent Panel?s report in Urunga on Friday 10 May 2013.? The workshop was facilitated by Panel member Ms Jude Munro AO.? The Mayor also attended the community information session on 9 May.

 

Ms Munro indicated that, as far as the Panel is concerned, no change, is not an option.? She advised that the Government could assign powers to a County Council if councils in a region do not initiate action.

 

At Council?s meeting on 15 May it was resolved as follows:

 

1.?????? That Council note the proposed creation of a North Coast County Council with the minimum specified set of core functions as indicated on page 34 of the Independent Panel?s ?Twenty Essential Steps? report will potentially render Nambucca Shire Council financially unworkable and functionally redundant.

 

2.?????? That Council make an immediate submission to the Independent Local Government Review Panel requesting they issue a further discussion paper providing more detail on the proposed functions and operations of the proposed County Councils, including financing and staffing, as well as other options for mandatory alliances before preparing their final report.

 

3.?????? That Council defer making a more detailed response to the ?Twenty Essential Steps? paper until after the scheduled discussions with the Panel and the discussions which are likely to occur with MIDROC councils and possibly the councils comprising the proposed North Coast County Council.

 

4.?????? That the Mayor and General Manager be provided with authority to meet with the MIDROC councils and the councils comprising the proposed North Coast County Council to discuss any concerns each Council may have.

 

5.?????? That a further report come to Council by mid June updating the Council on the outcome of any discussions with other Councils prior to Council making a submission on the ?Twenty Essential Steps? paper by the deadline on Friday 28 June 2013.

 

That Council contact the Review Panel and request they conduct an information session on the Future Directions for Local Government Paper for Nambucca residents on the basis that the Urunga information session was not advertised locally.? Further, that the Nambucca Information Session be advertised in the Guardian News and Observer.

 

A letter has been sent to the Independent Panel as per recommendation no. 2 and the request to conduct another information session.

 

As at the date of writing various diary clashes meant that a proposed meeting of the councils comprising the North Coast County Council (Clarence Valley, Coffs Harbour, Bellingen and Nambucca) had still not been held.? It is not known when or if a meeting will be held.

 

As the period for comment on the ?Future Directions For NSW Local Government ? Twenty Essential Steps? paper closes on Friday 28 June, Council needs to finalise its position on the paper.

 

Ultimately what is critical is that any new model for local government for the Nambucca Valley be more efficient and effective whilst keeping the ?local? in local government.? The Panel?s report provides no evidence that their proposed County Council model will deliver any of these requirements.? Indeed the evidence is to the contrary.? Their research of the outcomes of the 2004 local government boundary changes shows no particular evidence of enhanced efficiency.? The evidence from the recent investigation by the NSW Treasury Corporation of the financial sustainability of NSW Councils is that on the Mid North Coast there is no relationship between the size of a Council and its financial sustainability.

 

The Panel should be advised accordingly.

 

By way of background the following is the report considered by Council at its meeting on 15 May.

 

The ?twenty essential steps? presumably refer to the 20 short chapters in the report.? However the short chapters contain many separate observations and proposals, so the title belies what is really a comprehensive and far reaching proposal for the overhaul of NSW local government.

 

The following comments are structured relevant to each of the 20 chapters or ?twenty essential steps?.? It is not proposed to summarise the findings of each chapter as Councillors have a copy of the report and it is available on the web at www.localgovernmentreview.nsw.gov.au.

 

1.?????? Face the Challenges of Change

 

The Panel believes from their investigations and consultation that the NSW local government sector is weighed down with too many out of date ideas, attitudes and relationships.? They believe that the financial base of the sector is in urgent need of repair as many councils face very serious problems that threaten their sustainability and the provision of adequate services to their communities. (page 6)

 

The Panel asserts, ?the need to focus on the overall strategic capacity of councils to support their communities, rather than simply seeking efficiencies and cost savings?.? (page 7)? This view has featured in their previous consultation.

 

This belief in what will make a good council in the future is at the centre of their observations and recommendations.? This framework for the future Council was also agreed by the ?Lyons? inquiry into UK local government and is also fundamental to the NSW Integrated Planning and Reporting Framework.

 

The notion is that councils will be more ?place shapers? able to more readily engage with the community and partner with different levels of government and the private sector in providing different or higher level services.? As indicated on page 8;

 

?The concept of strategic capacity highlights this aspect of reform:? the need for councils or groups of councils to have the ability to respond to the diverse and changing needs of different communities, and to take on new functions or deliver improved services in order to meet those needs.? This implies a move to larger, more robust organisations that can generate increased revenues through economies of scale and scope and then ?plough back? efficiency gains into benefits for their communities.?

 

The billion dollar question is whether this belief in what will make a good council in the future is better than the alternative paradigm which continues to focus on councils? traditional property related services being roads, drainage, water, sewerage etc.? On the North Coast of NSW the question is even more vexed because most councils have not been able to adequately fund their traditional responsibilities, let alone consider new functions or improved service levels.? Also the existing financial issues for North Coast councils apply irrespective of the scale of the Council, which tends to contradict the notion of a ?plough back? of efficiency gains through economies of scale into benefits for local communities.

 

2.?????? Create a Sustainable System

 

This chapter identifies a mix of new local government structures including amalgamations and ?new look? County Councils.

 

In particular it is proposed that County Councils, hitherto single purpose authorities, be implemented state wide as multi-purpose authorities with a range of functions currently undertaken by local councils.? This is discussed in more detail in Chapter 13.

 

3.?????? Keep the ?Local? in Local Government

 

The Panel believes there is no evidence that the loss of local identity is an inevitable consequence of creating larger local government areas.? Whilst the statement may be true, the commentary does not refer to the de-amalgamation process which has recently occurred in Queensland or previously in NSW with the split of Pittwater from Warringah.? There are significant social pressures which drive such de-amalgamation processes and not to acknowledge them seems to suggest a predisposition towards larger authorities.

 

Instead the Panel believes there are a range of methods that can be used to keep the ?local? in larger local government areas.? These include place management approaches, the use of wards, the use of social media and, ?modern customer service systems that ensure swift replies to requests for information and rapid responses to problems or concerns?.? The latter is possibly a reference to customer call centres and request management systems.? My own observation is that they do not necessarily make an authority ?local? and particularly when it is obvious the call centre operator hasn?t heard of the place.

 

Of interest is that whilst the Panel believes that dividing local government areas into wards may be one answer to keep the ?local? in local government, the recently released discussion paper by the Local Government Act Taskforce noted suggestions for the abolishment of the ward system and actually proposed that it be abolished (page 36).? Therefore the Panel sees wards as a key means for a larger council engaging with the community whilst the Taskforce acknowledges suggestions from Councils with wards that they be abolished as they are not working well.

 

4.?????? Confront Financial Realities

 

This section summarises the work of TCorp.? Whilst there has been some disagreement with the TCorp methodology and perhaps some of the findings, in general they reflect the findings of previous investigations including the 2006 ?Allan? Inquiry which was commissioned by the Local Government Associations.? In 2006, the ?Allan? Inquiry estimated the infrastructure backlog in local government at over $6 billion and concluded that local councils would need to spend at least an extra $900 million per annum.

 

One of the reasons put forward to explain the infrastructure backlog is the wider range of services now being provided by councils.? Since the 1970?s many councils have moved into new areas of activity such as environmental management, economic development, aged care and a variety of other community services.? This has imposed cost pressures, and spending on more traditional items such as road maintenance has been held back to balance budgets.

 

The main message from TCorp is that most councils are reporting operating deficits and a continuation of this trend is unsustainable.? In 2012 only one third of councils (50) reported an operating surplus.? In the instance of Nambucca Shire Council, our net operating result before capital grants and contributions was a deficit of $2.67m in 2012 and $3.69m in 2011.? More specifically in 2012 cash outflows for the purchase of assets, included road and bridge construction totalling $3.1m.? However this compares with the $4.9m annual rate of depreciation of these assets.? And this does not include the estimate to bring those roads and bridges up to a ?satisfactory standard? which is $22.7m.

 

The assessment by TCorp is consistent with advice which has been provided to this Council by its Auditors and previous to that by the Promoting Better Practice Review conducted by the Division of Local Government.

 

The Panel?s view is that underlying weaknesses in the financial position of NSW local government have been allowed to build up for far too long.? They attribute this to misdirected policies at both State and local levels; lack of technical and financial expertise in many councils; inadequate, inconsistent data; and poor long term planning.

 

It is agreed that all stakeholders in NSW local government need to confront these financial realities.

 

5.?????? Ensure Fiscal Responsibility

 

The Panel makes a number of observations about improving benchmarking and delivery programs.? The Panel also proposes that NSW follow the example of Queensland and Victoria in placing local government audits under the oversight of the Auditor General.? It is proposed that work continue to be carried out by private firms but under contract to the Auditor General, not the Council.

 

6.?????? Bolster the Revenue Base

 

This section of the report makes a number of sensible suggestions about simplifying and stream lining rate pegging arrangements.? In particular the Panel proposes that Councils be allowed to increase rates by up to 3% more than the annual cap set or projected by IPART for the following four years, provided documentation certified by the Mayor and General Manager can demonstrate community engagement; that the funding will be applied to asset renewal; that the Delivery Program has been endorsed by the Council?s Auditor as well as other requirements to demonstrate improvements in efficiency and productivity.

 

Another welcome discussion concerns the allocation of the Financial Assistance Grants (FAGs).? The Panel believes that the existing entitlement for each Council to at least receive a per capita grant equivalent to 30% of the general purpose component means that large amounts of assistance are being paid to some councils that could make do with less.? This is evident in the TCorp report.

 

The Panel believes that in a climate of fiscal restraint, where the total grant pool is highly unlikely to increase significantly and may even decline, consideration needs to be given to the option of redistributing more funds to the most needy councils and communities.

 

The Panel identifies a number of initiatives which this Council has already been proactive in pursuing, including;

 

?Councils are failing their communities if they do not make necessary applications for Special Rate Variations above the rate pegging cap? (page 16)

 

Comment ? Nambucca Shire Council has obtained 8 special rate variations over the past 10 years

 

?Asset sales to fund new or replacement infrastructure, including rationalisation of facilities such as road reservations, open space, community halls and libraries?

 

Comment ? Nambucca Shire Council has transferred from its ownership the Bowraville Pioneer Community Centre, the Macksville Showground and is in the process of transferring the Nambucca Senior Citizens Centre.? The Council has also reduced the width of bridge replacements at Eungai and South Arm.? This Council has been proactive in rationalising its assets.

 

7.?????? Tackle the Infrastructure Backlog

 

The Panel notes there is no doubt that the sheer scale of infrastructure problems threatens to overwhelm a significant number of councils.? ?This applies particularly to rural-remote councils that have to maintain extensive networks of roads and bridges that serve very few ratepayers; and to north coast councils having to cope with varying combinations of retiree driven growth, dispersed populations, difficult terrain, frequent flooding and extensive floodplains, numerous old timber bridges, coastal erosion and the demands of tourism.?? (page 20)? This is certainly a statement that won?t be challenged by north coast councils.

 

Another sensible suggestion from the Panel is to secure changes to the natural disaster funding arrangements to give councils greater flexibility in determining how available funds can be spent in restoring damaged infrastructure on a network basis ? not simply replacing individual structures at the same standard.

 

There is also a proposal to investigate regional roads groups similar to the Queensland model, based on the proposed new County Councils.? It is suggested that it could be expanded to include new forms of shared strategic procurement of infrastructure works, such as groups of councils jointly commissioning multiple bridge replacement projects.? However it is suggested that funding may come from setting aside a proportion of the roads component of FAGS for ?strategic projects?.? This could be supplemented in a similar way from an allocation from the federal ?Roads to Recovery? funds.

 

The potential issue for this Council is that it contains a relatively small network of regional roads.? It may not necessarily follow that the earmarked funds will result in an increase in expenditure on this Council?s road network.? With a limited regional road network the expenditure may well be less.

 

8.?????? Promote Innovation, Productivity and Competitiveness

 

This section makes a number of worthwhile observations and suggestions about innovation and best practice, high quality and efficient service delivery, workforce and leadership skills and industrial relations.

 

The Panel notes that, ?some councils regularly survey their communities and local businesses to establish the level of satisfaction with services, but many do not.? Systematic service reviews are implicit in the IPR framework, but there is no specific requirement?.? Whilst this Council has limited resources we have undertaking regular satisfaction surveys of our community.

 

The Panel also comments on the need to demonstrate continuous improvement.

 

9.?????? Advance Improvement and Accountability

 

Again this section makes many worthwhile observations and suggestions.

 

According to the Panel, much of NSW local government exhibits a strong culture of compliance:? have the required processes been completed and the right boxes ticked, rather than, has something valuable been achieved?? At the other end of the spectrum, the Panel notes that relatively little emphasis has been placed on fostering continuous improvement and effective accountability to local communities.? More needs to be done to bring about a change of culture from compliance to improvement, and to ensure that councils are truly accountable for their performance.

 

The Panel notes only about half of NSW Councils have an audit committee and/or some form of internal audit process, and the latter tend to focus primarily on compliance, risk and fraud control.? They observe that some audit committees include external, independent members and have an independent chair, but many are strongly embedded within the council and answerable primarily to the General Manager.? This can generate conflicts of interest.? This Council has had an internal audit program undertaken by an independent auditor (not a staff member) which has investigated many of Council?s processes with a view to improving those processes, not just checking on compliance, risk and fraud control.

 

10.???? Improve Political Leadership

 

The Panel correctly notes the tensions in the councillor?s role.? The Local Government Act divides the role into two parts being as a ?member of the governing body? and as an ?elected person?.? They rightly note that resolving these tensions is no easy matter and suggest some options including some ward councillors with a primarily representative role and others elected at large to take a more strategic view.

 

The Panel believes that mandatory, ongoing professional development is required for councillors.? They suggest that NSW adopt the South Australian approach of requiring councils to prepare a coherent councillor development program and to fund it appropriately.? Programs would include a mix of in-house and external sessions so that councillors from different areas meet and learn together.? As an example, Nambucca and Bellingen Councils conducted joint Code of Conduct training after the September 2012 elections.

 

The Panel has considered how councils may improve their representative democracy, for example in attracting women, younger people and different cultural groups.? As one answer to this they suggest that councillors and mayors be limited to, say, 3 terms in order to ensure turnover and introduction of ?fresh faces? and new ideas.? Maybe the idea could be extended to the State and Federal Governments?

 

11.???? Enhance the Status of Mayors

 

That Panel notes that both internationally and in some other states increasing emphasis is being placed on the mayor as both a political and civic leader.? The Panel believes that enhancing the role of mayors could make a major contribution to focusing councils on strategic issues, improving governance and strengthening inter government relations and partnerships with key stakeholders.

 

The Panel believes that Mayors should be popularly elected as is the case in this Council.? However only about a quarter of NSW councils have popularly elected mayors with the remainder having to face re-election by councillors every year.

 

Whilst there will be differing views on the Panel?s observations, in relation to the election of the Mayor their views are consistent with the existing practice of this Council.

 

12.???? Revisit Council-Management Relations

 

The Panel is correct in identifying that the way the decision making process works in local government means that the line between ?policy? and ?management? is often blurred.? Unlike the State and Federal Governments there are no executive ministers to provide a link between the body politic and the administration.? According to the Panel, that function rests largely on the relationship between the Mayor and the General Manager.

 

Of interest is that the Panel believes that Councils have a legitimate interest in how staff resources are allocated and hence believe the council should retain its current power to approve the organisation structure on the advice of the General Manager.? They note that the precise extent of the Council?s involvement needs to be clarified.? This Council has applied this recommendation.

 

A proposal to require the General Manager?s position to be automatically advertised after 10 years? service for a full merit selection process is supported.

 

The Panel believes that the Mayor should have an increased role in the operation of the Council and the management of senior staff.? Whilst this conflicts with the view of the Local Government Act Taskforce, it is agreed that a Mayor elected by popular vote should have a pre-eminent position in the leadership of a Council and in order to achieve this should have additional responsibilities and powers.

 

13.???? Build Strong Regions

 

This is the chapter of most contention in the report.

 

The Panel investigated the performance of voluntary Regional Organisations of Councils (ROCs) and concluded their performance to be patchy with a tendency for them to wax and wane.

 

Instead the Panel propose the formation of statutory bodies, multi-purpose County Councils, to take over from Councils at a minimum the following functions:

 

????? Strategic regional and sub-regional planning

????? Regional advocacy, inter-government relations and promoting collaboration with State and federal agencies in infrastructure and service provision

????? Management of, or technical support for, water utilities

????? Road network planning and major projects

????? Waste and environmental management (including weeds and floodplain management)

????? Regional economic development

????? Library services

????? ?High level? corporate services

 

There is no further discussion about scope of these proposed responsibilities except on page 36 where reference is made that, ?making water utilities a function of the new multi-purpose County Councils achieves those objectives whilst keeping rural water supply and sewerage assets and operations firmly under local government ownership and control?.? This suggests that all of Council?s water and sewerage functions would be transferred to the proposed North Coast County Council which would cover the existing local government areas of Clarence Valley, Coffs Harbour, Bellingen and Nambucca.

 

As Councils? water, sewerage and waste operations are either separate funds or in the case of waste, a separate budget function, some of the other proposed functional transfers are not so easily defined.? For example where does local planning stop and sub-regional planning start?? This Council?s Local Environmental Plan has elements of both.? Will road network planning and major projects be limited to main or regional roads or include local roads?? What are ?high level? corporate services?? Would Section 94 planning for a sub-regional centre transfer to the County Council?

 

There are a host of ?boundary? issues when discussing functions which are not discrete.? Not only about where the County Council function stops and the Council function starts but how the respective costs and revenues are determined and levied.

 

Another potential issue is the establishment of a purchaser/provider split with the County Council establishing expenditure priorities in say roads and then purchasing road maintenance services off the local council (the provider).? Disagreement as to the price of those services may see the County Council use the services of another constituent council or possibly the private sector.? Conversely the residual councils may choose, for similar reasons, not to purchase ?high level? corporate services off the County Council.

 

Depending upon the final definition of this minimum set of core functions, there is a real risk that the list as proposed will render smaller ?residual? councils like Nambucca unworkable and redundant.? Even if Council retains its water and sewerage operations staff, the suggested core functions would see the transfer of perhaps 25 to 30 staff from this Council?s operations.? This Council will find it very difficult, if not impossible, to spread its operating overheads across a much smaller revenue base and organisation structure.

 

Perhaps more importantly, the existing elected Council would be emasculated as a decision making authority.? Already the State Government has removed responsibility for major development applications from councils.? The proposed functions of the multi-purpose County Councils would mean that most major policy and expenditure decisions in relation to water, sewerage, roads, waste, environmental management and libraries would be made by the County Council.

 

Council?s role would also be emasculated whenever economic development and strategic town planning initiatives had regional or sub-regional implications.? Economic development initiatives such as promoting our sub-regional manufacturing cluster or the Valla Urban Growth Area would seem likely to fall within the ambit of the County Council.? Similarly tourism marketing would seem likely to be a County Council function.

 

For Council?s existing staff, the County Council would seem to present the better opportunity for more important and satisfying work and potentially for career development.? Whilst this is a positive for the County Council model, it demonstrates that the ?residual? councils will be under significant pressure on a variety of fronts ? financial, on-going relevance, and workforce.

 

Indeed, in the case of the North Coast, the Panel seems to concede that, beside the amalgamations which are already recommended, the County Councils may mean further amalgamations in the medium ? longer term.

 

?In some cases amalgamations may form part of medium-longer term solutions.? However, amalgamations alone will not solve the councils? financial problems, and those need to be addressed first.? In the shorter term, the Panel recommends using the proposed County Councils to achieve economies of scale and scope in planning, service delivery, major infrastructure projects and sharing of expertise.?

 

Even though the Panel believes that strategic capacity is more important than efficiencies and cost savings, what is the evidence that larger, more ?robust? County Councils will generate increased revenues through economies of scale and then ?plough back? efficiency gains into benefits for their communities?

 

In an opinion piece in the Sydney Morning Herald on 7 May 2013, Professor Percy Allan, a former secretary of the NSW Treasury who undertook an inquiry into NSW Local Government in 2006 commented as follows:

 

?The average population size of local government units in Australia (and NSW) is already among the largest in the developed world.

 

Yet the share of tax revenues going to the local government sector is one of the lowest.? Another inconvenient truth is that larger councils in NSW have higher average rates than smaller councils.

 

The average cost per resident of running a metropolitan council is not related to its size.? Many rural councils have a higher expense to resident ratio only because they service a dispersed population and a large road network.? The case for bigger councils doesn?t stack up on financial or non-financial grounds.

 

Indeed, a strong case exists for making councils smaller and run more like a building body corporate tha pays close attention to specific place needs and management.

 

The Independent Local Government Review Panel has focused on poor governance and proposed super councils with huge bureaucracies run by directly elected executive mayors as the solution.

 

Such a move by itself won?t generate the massive boost to revenues necessary to put local government on a sound footing.

 

According to the Panel?s own research, past amalgamations have proved costly and did not contribute savings to the bottom lines of councils.?

 

Picking up Percy Allan?s point, how well will these larger, more ?robust? organisations engage with their communities?? In the instance of the proposed multi-purpose North Coast County Council it will be responsible for disparate communities stretching over 150 kilometres of coastline from Iluka in the north to Scotts Head in the south as well as the communities well away from the coast.

 

Whilst the Panel emphasises that County Councils are ?NOT? an additional tier of government (page 34), it makes no comment on the potential inefficiencies of establishing multi-purpose County Councils alongside multi-purpose Councils with both undertaking the business of local government.? Like the constituent councils, the County Council requires a management structure and other operational overheads.? For the proposed cluster of Councils in the North Coast County Council, the bureaucracies will increase from four to five.

 

The report does not provide the rationale for determining the proposed county council boundaries.

 

Nor does the report canvass other options for achieving economies of scale through mandatory alliances.? One potential model would be to mandate that specified groups of Councils enter into binding alliances for those corporate functions where there are likely to be efficiency gains with increased scale.? Information technology is one example.? Rather than creating another bureaucracy such as a County Council this could be achieved by a group of Councils jointly owning a company that provides the service to the constituent councils.

 

The Panel believes that the membership of the County Councils should automatically comprise the mayors of member councils, and that the chairperson should normally be the mayor of the designated regional centre.? According to the Panel this dual role should become a full time position.? Similarly the Panel believes that the General Manager of the regional centre could also fulfil that role for the County Council, and the regional centre council would house the County Council secretariat and support its operations.

 

There are obvious conflicts of interest in the Mayor and General Manager of the regional centre being automatically installed as Chairperson and General Manager of the County Council.? It is difficult to understand how they will reconcile their responsibility to their local government area with their broader responsibility (in the proposed North Coast County Council) to four local government areas.? Whilst there will be other Councillors from constituent councils comprising the board, the issue is more significant for the General Manager who would be responsible to two distinct organisations/employers.

 

14.???? Reconfigure Rural Councils

 

This section is not relevant to Nambucca Shire Council and deals with smaller rural councils (populations of less than 10,000).

 

15.???? Reshape Metropolitan Governance

 

This section deals with Sydney Councils.

 

16.???? Strengthen the Hunter, Central Coast and Illawarra

 

This section deals with these regions.

 

17.???? Establish a ?Western Region Authority?

 

This section deals with the far west of the State and is not relevant to Nambucca Shire.

 

18.???? Progress the State-Local Agreement

 

The section proposes to follow up the State-Local Government agreement with tangible measures to secure practical collaboration between local government and state agencies.

 

19.???? Refocus Local Government NSW

 

This section concerns the role of Local Government NSW (the single association) in representing NSW councils.? Of interest is that the Panel believes LGNSW should give a higher priority to reputation management and play a stronger role in handling instances in individual councils which reflect poorly on the industry as a whole.? Over time this should make it possible for the State to reduce its activities in oversighting and regulating the sector.

 

20.???? Drive and Monitor Ongoing Reform

 

This section restates the Panel?s case that wide ranging reforms are required as otherwise, ?the alternative is a local government sector characterised by an increasing number of under-resourced, under performing councils that will steadily become irrelevant in the wider system of government.? Either there is a change of direction or much of local government faces a dead end?.

 

The section does discuss incentives for voluntary amalgamations on the basis of, ?some carrots and some sticks? which might involve:

 

????? ?Making it clear that ?no change? is not an option, and that Government is committed to steps such as the referral of strategic functions to County Councils and conversion of small councils to Local Boards

????? Publication via the LGDB of unbiased information for local communities about the pros and cons of mergers ?

????? Providing transitional funding via grants and low or no interest loans

????? Conditional exemption from rate pegging for say, 3 years, with the promise of ?permanent? exemption if the new council demonstrates a high standard of financial planning and management and community engagement (subject to periodic review)

????? Professional change management support for negotiating, planning and implementing mergers

????? Offering a higher level of support (both financial and professional) to ?early movers? (eg those committing to a merger by July 2014).

 

There is insufficient information and commitment to make a decision about the quality of the carrots.

 

CONSULTATION:

 

There has been discussion with other General Managers of Mid North Coast councils.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

The social implications will depend upon how much the community values its existing council compared to an arrangement which splits its functions between a multi-purpose County Council and the residual Council.

 

Economic

 

The economic implications will depend upon the operational arrangements for the County Council.

 

Risk

 

There is a real risk that the list as proposed functions to be undertake by the County Council will render smaller ?residual? councils like Nambucca unworkable and redundant.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

At this stage there are no budgetary implications.

 

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

At this stage there is no impact on service levels or staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

General Manager's Report

ITEM 9.3???? SF734????????????? 120613??????? Request to Acquire a Section of Gordon Park - Response from the Crown Lands Division

 

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

 

Summary:

 

The report is short.? A summary is not required.

 

 

Recommendation:

 

That Council respond to the Crown Lands Division providing a copy of all of the submissions from the Leckies?; their expert advice; submissions from the public; the reports to and resolutions of Council; as well as copies of newspaper reports and request that the Crown Lands Division determine the matter as per Council?s resolution of 16 January 2013.

 

 

OPTIONS:

 

There are many potential options ranging from advertising the proposal and reconsidering the matter or alternatively not supporting the proposal.? If Council decides to advertise and reconsider the proposal, then it is recommended that appropriate fees be levied to cover advertising costs and staff time.

 

DISCUSSION:

 

It will be recalled that Gordon Park is Crown land for which Council is the trustee.

 

In September 2012 Council received a request from Ms Kelli Leckie requesting Council?s endorsement to her application to acquire a section of Gordon Park adjoining her property at 2 Nelson Street.? The request was reported to Council?s meeting on 25 October 2012 and was deferred for a site inspection.? A site inspection was conducted on 14 November 2012 and it was resolved to defer the matter to the meeting on 12 December 2012.? At the meeting on 12 December 2012 it was resolved to defer the matter so as to provide the Leckies with the opportunity to come back with a further proposition to show the revised area proposed to be acquired.? They then responded and nominated an acquisition area of approximately 170 square metres, about 40% smaller than the original proposal which was an area of approximately 290 square metres.

 

Then at the Council meeting on 16 January 2013 it was resolved as follows:

 

?That Council advise the Crown Lands Office that it doesn?t generally support the sale of community land however Council does recognise there is a need to reconstruct the failing retaining wall and Council supports the Crown Lands Division advertising the application for public comment.?

 

Council has now received the attached advice from the Crown Lands Division.

 

In relation to this response from the Crown Lands Division, advice was sought from the Leckies?.? Their advice is separately reported in the closed section.? It is agreed that the issue was well publicised and it is not apparent what purpose would be served by Council repeating the process, not to mention the Crown Lands Division itself also advertising for submissions.

 

It is recommended that Council respond to the Crown Lands Division providing a copy of all of the submissions from the Leckies?; their expert advice; submissions from the public; the reports to and resolutions of Council; as well as copies of newspaper reports and request that the Crown Lands Division determine the matter as per Council?s resolution of 16 January 2013.

 

CONSULTATION:

 

There has been consultation with Kelli and Clint Leckie.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

These have been previously reported.

 

Social

 

There were some objections from the public to the proposal.? The Crown Lands Division advise that they will undertake their own public consultation.

 

Economic

 

There are no significant economic implications.

 

Risk

 

Ultimately a decision concerning the sale of Crown land is made by the Crown Lands Division and the Minister.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

To date there has been six reports to Council, one site inspection and considerable correspondence.? If Council decides to advertise and reconsider the proposal, then it is recommended that appropriate fees be levied to cover advertising costs and staff time.

?

Attachments:

1View

13507/2013 - Response from Crown Lands

0 Pages

??


Ordinary Council Meeting - 12 June 2013

Request to Acquire a Section of Gordon Park - Response from the Crown Lands Division

 



Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

General Manager's Report

ITEM 9.4???? SF841????????????? 120613??????? Proposed Bridge over the Nambucca River - Navigation Clearances

 

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

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the information provided by the RMS in relation to the proposed spans and height of the Nambucca River crossing and forward a copy of the advice to the Nambucca River Users Group.

 

 

OPTIONS:

 

The report is for information.

 

Council could continue to make representations in relation to the matter.? If this is the case Council should consider the cumulative cost of other representations which have been made in relation to the highway upgrade including proposed on and off ramps at North Macksville.? Given finite funding, in terms of advocacy, it may be best to pursue one prioritised request rather than all requests.

 

DISCUSSION:

 

In June 2011 Council wrote to the RMS requesting they design the new Nambucca River crossing at Macksville to provide 62m between the main channel piers for water skiing and also to ensure the deck height would allow yachts to pass underneath at high tide.? Follow up letters were sent in January 2012, January 2013 and finally to the Hon. Andrew Stoner MP in April 2013.

 

The RMS has now responded and a copy of their letter is attached.

 

The RMS advises that the current design provides for a 35 metre span with an 11 metre clearance.? The RMS estimate that the cost of providing a bridge with a single span of 62 metres between the main channel piers would be between $25m and $35m more than the cost of the current preferred option.

 

They also state that the preferred bridge design (which includes two spans of 35 metres) meets Maritime requirements.

 

CONSULTATION:

 

There has been consultation with the RMS.? A copy of their advice should be forwarded to the Nambucca River Users Group.?

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

There are no significant social implications.? A reduced number of piers achieved through an increased span would marginally decrease peak flood levels upstream of the bridge.

 

There may be some adverse social implications if the span width and deck height inhibits water based recreation in the river.

 

Economic

 

There may be some adverse economic implications if the span width and deck height inhibits water based recreation in the river.

 

Risk

 

There are no significant risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels and resources.

 

Attachments:

1View

13655/2013 - RMS response regarding bridge clearance

0 Pages

??


Ordinary Council Meeting - 12 June 2013

Proposed Bridge over the Nambucca River - Navigation Clearances

 


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Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.1?? SF270????????????? 120613??????? Remuneration for Mayor and Councillors - 2013/14

 

AUTHOR/ENQUIRIES:??? Peter Wilson, Assistant General Manager Corporate and Community Services ????????

 

Summary:

 

The NSW Local Government Act 1993 requires council to pay each councillor and the mayor an annual fee and it must fix the annual fee in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

 

The Tribunal is now required to have regard to the Government?s wages policy when determining the increase to apply to the minimum and maximum fees that apply to Councillors and Mayors. The public sector wages policy currently provides for a cap on increases of 2.50%.

 

The Tribunal has reviewed the key economic indicators, including the Consumer Price Index and Labour Price Index, and found that the full increase of 2.50% available to it is warranted.

 

 

Recommendation:

 

1??????? That the annual fee payable to Councillors in 2013/14 be $10,480.

 

2??????? That the additional annual fee payable to the Mayor in 2013/14 be $22,870.

 

3??????? That the variation to the 2013/14 Budget allocation be reflected in the September 2013 Quarterly Budget Review.

 

 

OPTIONS:

 

1??????? That Council set the level of fees payable to the Councillors and Mayor at the maximum.

2??????? That Council set the level of fees payable to the Councillors and Mayor at the minimum.

3??????? That Council set the level of fees payable to the Councillors and Mayor at a level between the minimum and maximum fees.

4??????? Council take no action.? This option is not available as council must resolve the matter at a public council meeting.

 

Option 1 is recommended as it is line with past Council practices.

 

 

DISCUSSION:

 

The Report and Determination of the Tribunal under Sections 239 and 241 of the NSW Local Government Act 1993 was made on the 8 April 2013.

 

Fees 2013/14

Pursuant to s.241 of the NSW Local Government Act 1993, the annual fees to be paid in each of the categories to Councillors, Mayors, members and chairpersons of County Councils effective on and from

1 July 2013 were determined as follows:

 

* Category

Councillor/ Member Annual Fee

 

** Mayor/ Chairperson Additional Fee

 

 

Minimum

Maximum

Minimum

Maximum

Rural (77)

7,930

10,480

8,430

22,870

Regional Rural (32)

7,930

17,490

16,890

38,160

Metropolitan (21)

7,930

17,490

16,890

38,160

Metropolitan Centre (16)

11,910

22,240

25,320

59,100

Metropolitan Major (Blacktown & Penrith)

15,880

26,220

33,760

76,390

County Council Water (5)

1,580

8,740

3,380

14,350

County Council Other (9)

1,580

5,230

3,380

9,540

Major City (Newcastle, Parramatta & Wollongong)

15,880

26,220

33,760

76,390

Principal City (Sydney)

23,830

34,950

145,810

191,860

 

*????? Total General Purpose Councils 152 and Total County Councils 14. The Tribunal applied descriptive titles for each of the categories in 2009.

**???? The Mayor fee must be paid in addition to the fee paid to the Mayor/Chairperson as a?????? Councillor/Member [s.249(2)].

 

Tribunal Reviews

The Tribunal did not review the categories of councils during the 2013 Review. In accordance with Section 239 of the LGA 1993 the Tribunal is required to determine the categories of councils and mayoral offices at least once every 3 years. The Tribunal last undertook a fundamental review of the categories of councils in 2012. In undertaking that review, the Tribunal found that there was no strong case to significantly alter the current categories of councillor and mayoral office or to move individual councils between categories.

 

MIDGOC

For comparative purposes, Coffs Harbour, Great Lakes, Greater Taree, Kempsey and Port Macquarie-Hastings councils are categorised as Regional Rural. Bellingen, Gloucester and Nambucca Councils are categorised as Rural.

 

Fees 2012/13

Pursuant to s.241 of the NSW Local Government Act 1993, the annual fees to be paid in each of the categories to Councillors, Mayors, members and chairpersons of County Councils effective on and from

1 July 2012 were determined as follows:

 

* Category

Councillor/ Member Annual Fee

 

** Mayor/ Chairperson Additional Fee

 

 

Minimum

Maximum

Minimum

Maximum

Rural (77)

7,740

10,220

8,220

22,310

Regional Rural (32)

7,740

17,060

16,480

37,230

Metropolitan (21)

7,740

17,060

16,480

37,230

Metropolitan Centre (16)

11,640

21,700

24,700

57,660

Metropolitan Major (Blacktown & Penrith)

15,490

25,580

32,940

74,530

County Council Water (5)

1,540

8,530

3,300

14,000

County Council Other (9)

1,540

5,100

3,300

9,310

Major City (Newcastle, Parramatta & Wollongong)

15,490

25,580

32,940

74,530

Principal City (Sydney)

23,250

34,100

142,250

187,180

 

*??????? Total General Purpose Councils 152 and Total County Councils 14.

**?????? The Mayor fee must be paid in addition to the fee paid to the Mayor/Chairperson as a?????? Councillor/Member [s.249(2)].

 

CONSULTATION:

 

Section 248 of the NSW LGA 1993 requires a council to pay each councillor an annual fee and a council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

 

Section 249 of the NSW LGA 1993 requires a council to pay the mayor an annual fee and the annual fee must be paid in addition to the fee paid to the mayor as a councillor.

 

A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor?s annual fee.

 

Section 250 of the Act requires that the fees payable by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

 

 

SUSTAINABILITY ASSESSMENT:

 

Council is obliged to consider a suitable fee structure within the limits determined by the Local Government Remuneration Tribunal.

 

The role and responsibilities of the elected members is an integral component of the Local Government good governance framework. Councils also play a pivotal role in developing and sustaining local communities.

 

Environment

Not applicable

 

Social

Not applicable

 

Economic

Not applicable

 

Risk

Not applicable

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

In 2012/13 the fee for Councillors was $10,220 and the fee for the Mayor was $22,310. The 2013/14 Budget provides $94,500 for councillor fees and $22,800 for mayoral fees. The adoption of the maximum fees for a Category Rural Council will result in a minimal saving in the vote of $110, which will be reflected in the September 2013 Quarterly Budget Review.

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.2?? SF25??????????????? 120613??????? Donations Program 2013-2014

 

AUTHOR/ENQUIRIES:??? Peter Wilson, Assistant General Manager Corporate and Community Services ????????

 

Summary:

 

This report assesses applications received from community organisations for a donation from Council in 2013/14 in line with the new Donations Policy adopted in September 2012.

 

 

Recommendation:

 

That donations under the 2013/14 Donations Program be made in accordance with the recommendations set out in the schedule below:

 

Organisation

$ Donation 2013/14

Life Education NSW

1,000.00

Mary Boulton Pioneer Cottage & Museum [s355]

1,000.00

Macksville Senior Citizens Club [s355]

1,000.00

Nambucca District Band

1,000.00

Headland Museum (Nambucca District Historical Society) [s355]

830.00

Nambucca Valley Arts Council

750.00

Nambucca Valley Craft and Art Inc.

Photocopying

Nambucca River Marine Rescue Inc.

1,000.00

Scotts Head Sports Field Committee [s355]

1,000.00

North Coast TAFE, Macksville [no application required]

100.00

Talarm Hall Committee [s355]

1,000.00

Shire Schools 7 @ $50 [no application required]

350.00

Nambucca Heads Mens Shed

1,000.00

Annual Program

10,030.00

Balance

4,970.00

Total

$15,000.00

 

 

OPTIONS:

 

1??????? Council approves the donations under the 2013/14 Donations Program in accordance with the recommendation.

2??????? Council make amendments to the donation amounts recommended.

3??????? Council not approve the donations.

 

Option 1 is the preferred option to ensure that the limited funds are allocated in an equitable and appropriate manner.

 

DISCUSSION:

 

Council adopted its new Donations Policy on 27 September 2012. Council, at its meeting on 28 February 2013, considered applications for donations under Section 356 LGA as part of its 2013/14 budget deliberations.???


 

A total of seventeen (17) applications were received and a summary of the applications is summarised below:

 

Organisation

Amount $ Requested

Use of funds

Applications

 

 

Arts Mid North Coast Inc.

4,984.27

Regional Arts Board. Budget 2013/14 Contribution $5,000

Life Education NSW

2,000.00

Parent subsidy program. No allocation in budget for transportation of van.

Mary Boulton Pioneer Cottage & Museum

11,500.00

Replace toilet block and maintenance repairs

Macksville-Scotts Head SLSC

5,000.00

Purchase equipment. Receive annual S94 funding and contribution

Macksville Senior Citizens Club

3,547.00

Repairs to toilet

Nambucca District Band

6,500.00

Purchase instruments and operational costs

Nambucca Headland Museum (Nambucca District Historical Society

828.77

Replace personal computer

Nambucca Heads SLSC

17,696.20

Purchase all-terrain vehicle. Receive annual S94 funding and contribution

Nambucca Valley Arts Council

750.00

Biennial Art Exhibition Art Prize Sponsorship

Nambucca Valley Craft and Art Inc.

Photocopying

Quarterly copying at agreed volume

Nambucca River Marine Rescue Inc.

3,000.00

Operational costs

North Coast Academy of Sport Inc.

2,300.00

Regional sports program

Scotts Head Sport Field Committee

1,200.00

Line marking paint

North Coast TAFE, Macksville

100.00

Annual awards

Talarm Hall Committee

1,540.00

New fly screens and new window spirals

Valla Beach Community Association

28,000.00

 

Capital works Anderson Park

Late Applications

 

 

Nambucca Heads Men?s Shed

5,200.00

Application received in March. Annual rental costs for reformed shed

No Application

 

 

Shire Primary/Secondary Schools?

350.00

Annual awards

 

Due to budgetary constraints, it is not possible to fund all requests fully and as a result a maximum amount of $1,000 has been allocated, noting however that the Policy does not state a maximum amount that can be funded for any single request.

 

The financial assistance provided to Arts Mid North Coast Inc. is considered to be a contribution to an independent organisation that will assist the Council in the delivery of a regional arts program. All councils in the MIDGOC alliance contribute to the peak regional body for arts and cultural development and each Council is represented on the Board. The 2013/14 Budget provides an allocation of $5,000 under the Other Cultural Services functional activity in line with past practice.

 

Council makes an annual contribution to the Macksville/Scotts Head and Nambucca Surf Lifesaving Clubs. The 2013/14 Budget provides an allocation of $7,200 under the Beach Control functional activity.?


 

Council has made an annual provision for award presentations to a number of primary/secondary schools in the local government area and North Coast TAFE and it is assumed that this practice is to continue as it would not be practicable to require an application for such token amounts.

 

Council has previously made provision in the budget for the Rural Counselling Service (Budget 2012/13 $3,800 ? contribution to Management Committee) and Life Education Van (Budget 2012/13 $3,100 ? transportation of van) under the Other Community Services functional activity. Year to date expenditure is nil.?

 

Council?s Donation Policy does not prohibit section 355 Committees from applying for assistance through the Donations Program. Therefore funds can be provided to these committees where the funding assists with the committee?s management of the facility and is a benefit to the local community.

 

The application from the Valla Beach Community Association is for significant capital works at Anderson Park and therefore a $1,000 donation is considered not to be practicable. The Nambucca Heads Men?s Shed received a $5,200 Community Grant from the Nambucca RSL for the 2012/13 rental costs and is seeking financial assistance towards the 2013/14 rental. Discussions with the applicant indicate that any level of financial assistance towards the rental expenses would be beneficial.?? ?

 

Council makes In-Kind donations to the Nambucca Valley Craft and Art Inc. by providing use of a photocopy machine to print authorised material. ???

 

CONSULTATION:

 

A letter was sent to 23 organisations and to Council?s Section 355 Committees of Management informing them of Council?s new policy and providing them with a copy of the policy and the new application form. The closing date for applications was 31 January 2013.

 

Sixteen (16) applications were received requesting financial assistance from Council under its new Donations Policy. An application from the Nambucca Heads Mens Shed was received on the 15 March 2013.?

 

Section 356 NSW Local Government Act 1993 requires all financial assistance provided by Council to be approved by Council. Under section 377 of the Act, this function of the Council cannot be delegated.

 

SUSTAINABILITY ASSESSMENT:

 

Council has adopted a Donations Policy which sets out guidelines for financial assistance that Council offers to organisations and individuals. This ensures that decisions relating to this assistance are equitable and transparent and that Council is accountable for them.

 

Environment

 

Not applicable

 

Social

 

Organisations assisted by Council play an important social role within the Nambucca Shire and the broader regional community.

 

Economic

 

Not applicable

 

Risk

 

Not applicable


 

FINANCIAL IMPLICATIONS:

 

The 2013/14 Draft Budget provides an allocation of $15,000 for Donations under s356 NSW Local Government Act 1993. The funds allocated as part of the annual application process will be 80% of the total annual allocation or $12,000.

 

Direct and indirect impact on current and future budgets

 

Not applicable

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.3?? SF36??????????????? 120613??????? Code Of Conduct 2013 ? Commencement And Key Resources

 

AUTHOR/ENQUIRIES:??? Peter Wilson, Assistant General Manager Corporate and Community Services ????????

 

Summary:

 

The Model Code of Conduct sets the minimum requirements of conduct for council officials in carrying out their functions. The NSW Division of Local Government (DLG) has developed a new Model Code of Conduct framework for Local Councils in NSW along with implementation arrangements. This has been developed following extensive consultation with relevant stakeholders. This framework includes a new Model Code of Conduct, Procedures for the Administration of the Model Code and a Summary of the Model Code.

 

The Code and Procedures are supported by new provisions in the NSW Local Government Act 1993 to more effectively deal with serious or repeated breaches of the Code through expanded and strengthened penalties.

 

The new Model Code of Conduct is designed to help councils get on with the core business of serving their communities. It does this by providing:

 

???? greater flexibility to resolve less serious matters informally

???? fairer complaints management - the investigation of all complaints about councillors and general managers is now managed from start to finish by an independent conduct reviewer

???? stronger sanctions to help deter ongoing disruptive behaviour and serious misconduct.

?

The purpose of this report is to seek Council?s adoption of the new DLG Model Code of Conduct framework as Nambucca Shire Council?s Code of Conduct

 

 

 

Recommendation:

 

1??????? That Council adopt the new DLG Model Code of Conduct framework, as amended, as Nambucca Shire Council?s Code of Conduct.

 

2??????? That the Assistant General Manager Corporate & Community Services be appointed as the Complaints Coordinator and the Manager Human Resources be appointed as the alternate Complaints Coordinator.

 

3??????? That a further report be presented to Council in relation to the appointment of an independent Code of Conduct Review Panel.

 

4??????? That the Assistant General Manager Corporate & Community Services be appointed as the Public Interest Disclosures Coordinator.

 

 

 

OPTIONS:

 

The Model Code is prescribed by the Act and Councils were required to adopt the Model Code by 1 March 2013.

 

Section 440(3) states that ?A Council must adopt a Code of Conduct (the Adopted Code) that incorporates the provisions of the Model Code. The adopted Code may include provisions that supplement the Model Code.?

 

Section 440(7) states that ?A Council must within 12 months after each ordinary election, review its adopted Code and make such adjustments as it considers appropriate and as are consistent with the Section.?

 

 

DISCUSSION:

 

The Model Code of Conduct for Local Councils in NSW is made for the purposes of section 440 of the NSW Local Government Act 1993.

 

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

 

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

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

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

 

Council may include in its Code of Conduct provisions that supplement the Model Code and provisions that are more onerous than those contained in the Model Code. To date, Council has made no supplementary inclusions to the Code and has adopted the Model Code as the Nambucca Shire Council Code of Conduct.

 

As foreshadowed in the discussion paper, in the interests of simplicity, the DLG announced the intention to split the Model Code into two instruments:

 

1??????? A Model Code of Conduct for Local Councils in NSW (comprising solely of the prescribed standards of conduct), and

 

2??????? Procedures for the Administration of the Model Code (comprising of the procedural requirements of the Code).

 

On 19 December, 2012 the DLG released the new Model Code of Conduct Framework along with implementation arrangements.

?

The key features of the new Code framework include:

 

????????????? Greater flexibility to resolve non-serious complaints, minimising costs to councils

?????????? Improved complaints management, with complaints about councillors and the general manager managed from start to finish by qualified and independent conduct reviewers

????????????? Greater fairness and rigour in the investigation process through clearer procedures

?????????? Stronger penalties for ongoing disruptive behaviour and serious misconduct to more effectively deter and address such behaviour, allowing councils to get on with the business of serving their communities.

 

Council is required to make the following administrative arrangements in preparation for commencement of the Code:

????????????? Adopt the new Model Code and Procedures by 1 March 2013.

?????????? Appoint members of staff other than the General Manager to act as a complaints coordinator and alternate complaints coordinator before 1 March 2013.

?????????? Ensure panels of conduct reviewers, appointed using the selection process prescribed under the new procedures, are in place by 30 September 2013.

 

In regard to the appointment of complaints coordinators the DLG Procedures stipulate that the General Manager must appoint a member of staff to act as a Complaints Coordinator, and where practicable, the Complaints Coordinator should be a senior and suitably qualified member of staff. Furthermore, the person appointed must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures (PID) Act 1994.

 

At present the General Manager is the nominated disclosures coordinator and therefore to eliminate the conflict with the DLG Procedures it is recommended that the Assistant General Manager Corporate & Community Services be appointed as the Public Interest Disclosures Coordinator. It should also be noted that the Nambucca Shire Council Internal Reporting Policy (Public Interest Disclosure) appoints the Manager Human Resources as the Disclosures Officer.

 

Council is currently considering options for the appointment of an Independent Code of Conduct Review Panel including partnering with the Mid North Coast Regional Organisation of Councils (MIDROC) in calling for Expressions of Interest. The appointment of the Independent Code of Conduct Review Panel will be the subject of a future Council report prior to the 30 September, 2013 implementation date. The DLG have advised that, where required, Council may use an approved panel from another Council in the interim.

 

The main difference between the new Code and the current one relates to the procedures for the handling of complaints about breaches of the Code. These procedures are set out in the Procedures for the Administration of the Model Code of Conduct.

?

The Model Code itself has been changed as follows:

 

????????????? Binding caucus votes that prevent councillors from exercising their discretion are prohibited.

?????????? The prohibition on accepting cash gifts of any value will extend to cash-like gifts such as gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone credits, memberships and entitlements to discounts.

?????????? A prohibition on councillors using council resources for election purposes, unless those resources are publically available and the councillor uses them on the same terms as any other member of the public (eg hire of a Council hall). In addition, council letterheads, logos or other information that may give the appearance that it is official council material must not be used for election campaigns or other non-official purposes.

?????????? Councillors who have received or knowingly benefited from a reportable political donation made by a major political donor in the previous 4 years or that has a matter before council must declare a non-pecuniary conflict of interest.

?????????? Where council does not have a quorum to consider a matter the council or committee must resolve to delegate the matter in question to another person.

?????????? Where the Director-General allows a council to make a decision where a quorum cannot be formed for a matter, all councillors must still disclose any interest in the matter.

?????????? Council?s external auditors or the chair of a council audit committee may request information from individual councillors so they can perform their functions.

?????????? Councillors will only be able to approach staff and staff organisations to discuss broad workplace policy issues.

?????????? The Code of Conduct is not to be used for any improper purpose and this includes trivial, frivolous, vexatious purposes or those that are not in good faith. It must not be used to intimidate or harass or damage another councillor?s reputation or to gain a political advantage. Detrimental action must not be taken against any person in reprisal for a complaint that has been made by way of the Code. Breaches of the Code dealing with maintaining the integrity of the Code are to be reported to the DLG.

?????????? Council staff must ensure that any participation in political activity outside the service of Council does not conflict with the performance of their official duties.

?????????? Council staff will not be able to meet with Development Approval objectors alone and outside office hours to discuss DAs or proposals.

 

The Model Code has been tailored for Council by adding the following clauses:

?????????????? Additional clause 3.6.1

You must not bully or support others who engage in such behaviour. Bullying is repeated unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. Bullying comprises behaviour that intimidates, offends, degrades, insults or humiliates a worker, possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour.

 

?????????????? Additional clause 3.6.2

Council has developed clear workplace policies to look after the health, safety and welfare of its workforce.

 

?????????????? Additional clause 5.5.1

By way of further clarification of clause 5.5, you must not accept any gift or benefit, even where the gift or benefit is of token value, that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty.

 

?????????????? Additional clause 5.7.1

By way of further clarification of clause 5.7, where you receive a gift or benefit of less than $30 (token value) you are encouraged to record the gift or benefit in the Council?s Gifts and Benefits Register, particularly where there is likely to be an ongoing business relationship with the person who offered you the gift or benefit.

 

?????????????? Additional clause 5.7.2

By way of further clarification of clause 5.7, where you receive a gift or benefit of more than token value you must initially seek to refuse or return the gift or benefit. Even if you were successfully able to refuse or return such a gift or benefit, you are encouraged to disclose promptly to your supervisor, general manager or Mayor the offer of the gift or benefit and record it in the Gifts and Benefits Register, particularly where, in your opinion, the offer of the gift or benefit was made with a suspected improper motive.

 

?????????????? Additional clause 5.7.3

By way of further clarification of clause 5.7, the supervisor, general manager or Mayor shall determine what action is to be taken regarding gifts and benefits which have been surrendered to council and this decision shall be recorded in the Gifts and Benefits Register.

 

?????????????? Additional clause 7.12.1

By way of further clarification of clause 7.12, Councillors and members of staff are not permitted to hire or borrow Council equipment for private purposes.

 

CONSULTATION:

 

In June 2011 the DLG advised of a review of the Model Code for local councils and invited submissions from stakeholders and any other interested persons on a discussion paper. Respondents were asked to highlight any areas where they considered the Model Code required improvement along with their suggestions on how best to make those improvements. In addition, a series of workshops were held around the State to discuss the proposal and possible improvements.

 

Based on consideration of the feedback received on the discussion paper and that obtained via the workshops the DLG prepared a reform proposal which was then open for a final period of public consultation up until June 2012.

 

To assist councils with the implementation of the new Code the DLG has developed a series of resources that are available on the DLG website at www.dlg.nsw.gov.au. ?

 

 

SUSTAINABILITY ASSESSMENT:

 

The Model Code of Conduct outlines the standard of conduct required for Council officials, members of Council Committees, volunteers and Council employees in order that they may uphold the highest standards of behaviour to ensure consistent and transparent governance thereby ensuring public trust and confidence in local government.


 

Council has a responsibility to serve the community in fulfilling the requirements of its Charter under section 8 of the Act. In order to achieve this in a sustainable manner, councillors, staff and council delegates must be honest, reasonable and equitable in their dealings. The Code of Conduct sets out the standards necessary to achieve this.

 

The foundations of good governance are the principles of integrity, leadership, selflessness, impartiality, accountability, openness, honesty and respect. The Code of Conduct sets out standards focusing on these principles.

 

Environment

 

Not applicable.

 

Social

 

Not applicable.

 

Economic

 

Not applicable.

 

Risk

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a cost involved in training staff, Councillors and volunteers in the new Model Code of Conduct and there will be costs involved if Council requires the services of the Independent Conduct Review Panel.

 

Source of fund and any variance to working funds

 

As above

 

Service level changes and resourcing/staff implications

 

As above

 

 

Attachments:

1View

13641/2013 - NSC Model Code of Conduct as adopted 12 June 2013

0 Pages

2View

13682/2013 - Model Code of Conduct Summary

0 Pages

3View

13681/2013 - Model Code of Conduct Procedures for Administration

0 Pages

??


Ordinary Council Meeting - 12 June 2013

Code Of Conduct 2013 ? Commencement And Key Resources???????

 

 

 

 

 

 

 

 

 

MODEL CODE OF CONDUCT

for Local Councils in NSW

 

 

 

 

 

 

March 2013

 

 

 

 

 

Adopted by Nambucca Shire Council 12 June 2013

 


TABLE OF CONTENTS

 

PART 1????? INTRODUCTION. 3

PART 2????? PURPOSE OF THE CODE OF CONDUCT. 3

PART 3????? GENERAL CONDUCT OBLIGATIONS. 4

PART 4????? CONFLICT OF INTERESTS. 6

PART 5????? PERSONAL BENEFIT. 11

PART 6????? RELATIONSHIP BETWEEN COUNCIL OFFICIALS. 14

PART 7????? ACCESS TO INFORMATION AND COUNCIL RESOURCES. 16

PART 8????? MAINTAINING THE INTEGRITY OF THIS CODE. 20

PART 9????? DEFINITIONS. 22

 


 

PART 1??? INTRODUCTION

 

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

 

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

 

Failure by a councillor to comply with the standards of conduct prescribed under this code constitutes misconduct for the purposes of the Act. The Act provides for a range of penalties that may be imposed on councillors for misconduct, including suspension or disqualification from civic office.

 

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

 

A better conduct guide has also been developed to assist councils to review and enhance their codes of conduct. This guide supports this code and provides further information on the provisions in this code.

 

 

PART 2??? PURPOSE OF THE CODE OF CONDUCT

 

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

 

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

 

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

 

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

 

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


 

PART 3??? GENERAL CONDUCT OBLIGATIONS

 

General conduct

 

3.1???? You must not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that:

 

a)?? contravenes the Act, associated regulations, council?s relevant administrative requirements and policies

 

b)?? is detrimental to the pursuit of the charter of a council

 

c)?? is improper or unethical

 

d)?? is an abuse of power or otherwise amounts to misconduct

 

e)?? causes, comprises or involves intimidation, harassment or verbal abuse

 

f)??? causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

 

g)?? causes, comprises or involves prejudice in the provision of a service to the community. (Schedule 6A)

 

3.2???? You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the Act or any other Act. (section 439)

 

3.3???? You must treat others with respect at all times.

 

Fairness and equity

 

3.4???? You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

 

3.5???? You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

 

Harassment and discrimination

 

3.6???? You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.


 

 

3.6.1 You must not bully or support others who engage in such behaviour. Bullying is repeated unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. Bullying comprises behaviour that intimidates, offends, degrades, insults or humiliates a worker, possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour. [Clause inserted by Council 12 June 2013]

 

 

3.6.2 Council has developed clear workplace policies to look after the health, safety and welfare of its workforce. [Clause inserted by Council 12 June 2013]

 

Development decisions

 

3.7???? You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

 

3.8???? In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

 

Binding caucus votes

 

3.9???? You must not participate in binding caucus votes in relation to matters to be considered at a council or committee meeting.

 

3.10?? For the purposes of clause 3.9, a binding caucus vote is a process whereby a group of councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the council or committee irrespective of the personal views of individual members of the group on the merits of the matter before the council or committee.

 

3.11?? Clause 3.9 does not prohibit councillors from discussing a matter before the council or committee prior to considering the matter in question at a council or committee meeting or from voluntarily holding a shared view with other councillors on the merits of a matter.

 

3.12?? Clause 3.9 does not apply to a decision to elect the Mayor or Deputy Mayor or to nominate a person to be a member of a council committee.

 

 

PART 4???
CONFLICT OF INTERESTS

 

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

 

4.2???? You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

 

4.3???? Any conflict of interests must be managed to uphold the probity of council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

 

4.4???? Private interests can be of two types: pecuniary or non-pecuniary.

 

What is a pecuniary interest?

 

4.5???? A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. (section 442)

 

4.6???? A person will also be taken to have a pecuniary interest in a matter if that person?s spouse or de facto partner or a relative of the person or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter. (section 443)

 

4.7???? Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

 

a)?? councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

 

b)?? councillors and members of council committees disclose an interest and the nature of that interest at a meeting leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter. (section 451)

 

c)?? designated persons immediately declare, in writing, any pecuniary interest. (section 459)

 

4.8???? Designated persons are defined at section 441 of the Act, and include, but are not limited to, the general manager and other senior staff of the council.

 

4.9???? Where you are a member of staff of council, other than a designated person (as defined by section 441), you must disclose in writing to your supervisor or the general manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.


 

What are non-pecuniary interests?

 

4.10?? Non-pecuniary interests are private or personal interests the council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

4.11?? The political views of a councillor do not constitute a private interest.

 

Managing non-pecuniary conflict of interests

 

4.12?? Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant. You must do this as soon as practicable.

 

4.13?? If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. This disclosure constitutes disclosure in writing for the purposes of clause 4.12.

 

4.14?? How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

 

4.15?? As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

 

a)?? a relationship between a council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person?s spouse, current or former spouse or partner, de facto or other person living in the same household

?

b)?? other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

 

c)?? an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

 

4.16?? If you are a council official, other than a member of staff of council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

 

a)?? remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another council official

 

b)?? have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply


 

4.17?? If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

 

4.18?? If you are a member of staff of council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

 

4.19?? Despite clause 4.16(b), a councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate council?s decision-making role to council staff through the general manager, or appoint another person or body to make the decision in accordance with the law. This applies whether or not council would be deprived of a quorum if one or more councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 4.16(b) above.

 

Reportable political donations

 

4.20?? Councillors should note that matters before council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

 

4.21?? Where a councillor has received or knowingly benefitted from a reportable political donation:

 

a)?? made by a major political donor in the previous four years, and

?

b)?? where the major political donor has a matter before council, then the councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 4.16(b).

 

4.22?? For the purposes of this Part:

 

a)?? a ?reportable political donation? is a ?reportable political donation? for the purposes of section 86 of the Election Funding, Expenditure and Disclosures Act 1981,

 

b)?? a ?major political donor? is a ?major political donor? for the purposes of section 84 of the Election Funding, Expenditure and Disclosures Act 1981.

 

4.23?? Councillors should note that political donations below $1,000, or political donations to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

 

4.24?? If a councillor has received or knowingly benefitted from a reportable political donation of the kind referred to in clause 4.21, that councillor is not prevented from participating in a decision to delegate council?s decision-making role to council staff through the general manager or appointing another person or body to make the decision in accordance with the law (see clause 4.19 above).


 

Loss of quorum as a result of compliance with this Part

 

4.25?? Where a majority of councillors are precluded under this Part from consideration of a matter the council or committee must resolve to delegate consideration of the matter in question to another person.

 

4.26?? Where a majority of councillors are precluded under this Part from consideration of a matter and the matter in question concerns the exercise of a function that may not be delegated under section 377 of the Act, the councillors may apply in writing to the Chief Executive to be exempted from complying with a requirement under this Part relating to the management of a non-pecuniary conflict of interests.

 

4.27?? The Chief Executive will only exempt a councillor from complying with a requirement under this Part where:

 

a)?? compliance by councillors with a requirement under the Part in relation to a matter will result in the loss of a quorum, and

 

b)?? the matter relates to the exercise of a function of the council that may not be delegated under section 377 of the Act.

 

4.28?? Where the Chief Executive exempts a councillor from complying with a requirement under this Part, the councillor must still disclose any interests they have in the matter the exemption applies to in accordance with the requirements of this Part.

 

4.29?? A councillor, who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interests in the matter, is permitted to participate in consideration of the matter, if:

 

a)?? the matter is a proposal relating to:

 

i)??? the making of a principal environmental planning instrument applying to the whole or a significant part of the council?s area, or

 

ii)?? the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the council?s area, and

 

b)?? the councillor declares any interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part.


 

Other business or employment

 

4.30?? If you are a member of staff of council considering outside employment or contract work that relates to the business of the council or that might conflict with your council duties, you must notify and seek the approval of the general manager in writing. (section 353)

 

4.31?? As a member of staff, you must ensure that any outside employment or business you engage in will not:

 

a)?? conflict with your official duties

 

b)?? involve using confidential information or council resources obtained through your work with the council

 

c)?? require you to work while on council duty

 

d)?? discredit or disadvantage the council.

 

Personal dealings with council

 

4.32?? You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

 

PART 5???
PERSONAL BENEFIT

 

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

 

Gifts and benefits

 

5.1???? You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

 

5.2???? You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

 

Token gifts and benefits

 

5.3???? Generally speaking, token gifts and benefits include:

 

a)?? free or subsidised meals, beverages or refreshments provided in conjunction with:

 

i)????????? the discussion of official business

 

ii)???????? council work related events such as training, education sessions, workshops

 

iii)??????? conferences

 

iv)??????? council functions or events

 

v)???????? social functions organised by groups, such as council committees and community organisations

 

b)?? invitations to and attendance at local social, cultural or sporting events

 

c)?? gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

 

d)?? ties, scarves, coasters, tie pins, diaries, chocolates or flowers

 

e)?? prizes of token value.

 


 

Gifts and benefits of value

 

5.4???? Notwithstanding clause 5.3, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

 

How are offers of gifts and benefits to be dealt with?

 

5.5???? You must not:

 

a)?? seek or accept a bribe or other improper inducement

 

b)?? seek gifts or benefits of any kind

 

c)?? accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

 

d)?? accept any gift or benefit of more than token value

 

e)?? accept an offer of cash or a cash-like gift, regardless of the amount.

 

5.5.1? By way of further clarification of clause 5.5, you must not accept any gift or benefit, even where the gift or benefit is of token value, that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty.

[Inserted by Council 12 June 2013]

 

5.6???? For the purposes of clause 5.5(e), a ?cash-like gift? includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

 

5.7???? Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

 

5.7.1? By way of further clarification of clause 5.7, where you receive a gift or benefit of less than $30 (token value) you are encouraged to record the gift or benefit in the Council?s Gifts and Benefits Register, particularly where there is likely to be an ongoing business relationship with the person who offered you the gift or benefit.

[Inserted by Council 12 June 2013]


 

5.7.2? By way of further clarification of clause 5.7, where you receive a gift or benefit of more than token value you must initially seek to refuse or return the gift or benefit. Even if you were successfully able to refuse or return such a gift or benefit, you are encouraged to disclose promptly to your supervisor, general manager or Mayor the offer of the gift or benefit and record it in the Gifts and Benefits Register, particularly where, in your opinion, the offer of the gift or benefit was made with a suspected improper motive.

[Inserted by Council 12 June 2013]

 

5.7.3? By way of further clarification of clause 5.7, the supervisor, general manager or Mayor shall determine what action is to be taken regarding gifts and benefits which have been surrendered to council and this decision shall be recorded in the Gifts and Benefits Register.

[Inserted by Council 12 June 2013]

 

Improper and undue influence

 

5.8???? You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

 

5.9???? You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

PART 6???
?RELATIONSHIP BETWEEN COUNCIL OFFICIALS

 

Obligations of councillors and administrators

 

6.1???? Each council is a body politic. The councillors or administrator/s are the governing body of the council. The governing body has the responsibility of directing and controlling the affairs of the council in accordance with the Act and is responsible for policy determinations, for example, those relating to workforce policy.

 

6.2???? Councillors or administrators must not:

 

a)?? direct council staff other than by giving appropriate direction to the general manager in the performance of council?s functions by way of council or committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

 

b)?? in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

 

c)?? contact a member of the staff of the council on council related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

 

d)?? contact or issue instructions to any of council?s contractors or tenderers, including council?s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to council?s external auditors or the Chair of council?s audit committee who may be provided with any information by individual councillors reasonably necessary for the external auditor or audit committee to effectively perform their functions.

 

Obligations of staff

 

6.3???? The general manager is responsible for the efficient and effective operation of the council?s organisation and for ensuring the implementation of the decisions of the council without delay.

 

6.4???? Members of staff of council must:

 

a)?? give their attention to the business of council while on duty

 

b)?? ensure that their work is carried out efficiently, economically and effectively

 

c)?? carry out lawful directions given by any person having authority to give such directions

 

d)?? give effect to the lawful decisions, policies, and procedures of the council, whether or not the staff member agrees with or approves of them

 

e)?? ensure that any participation in political activities outside the service of the council does not conflict with the performance of their official duties.

 

Obligations during meetings

 

6.5???? You must act in accordance with council?s Code of Meeting Practice, if council has adopted one and the Local Government (General) Regulation 2005 during council and committee meetings.

 

6.6???? You must show respect to the chair, other council officials and any members of the public present during council and committee meetings or other formal proceedings of the council.

 

Inappropriate interactions

 

6.7??? You must not engage in any of the following inappropriate interactions:

 

a)?? Councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters other than broader workforce policy issues.

 

b)?? Council staff approaching councillors and administrators to discuss individual or operational staff matters other than broader workforce policy issues.

 

c)?? Council staff refusing to give information that is available to other councillors to a particular councillor.

 

d)?? Councillors and administrators who have lodged a development application with council, discussing the matter with council staff in staff-only areas of the council.

 

e)?? Councillors and administrators being overbearing or threatening to council staff.

 

f)??? Councillors and administrators making personal attacks on council staff in a public forum.

 

g)? Councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make.

h)?? Council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

 

i)??? Council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals.

 

j)??? Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by council associated with current or proposed legal proceedings unless permitted to do so by council?s general manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

 

PART 7???
ACCESS TO INFORMATION AND COUNCIL RESOURCES

 

Councillor and administrator access to information

 

7.1???? The general manager and public officer are responsible for ensuring that members of the public, councillors and administrators can gain access to the documents available under the Government Information (Public Access) Act 2009.

 

7.2???? The general manager must provide councillors and administrators with information sufficient to enable them to carry out their civic office functions.

 

7.3???? Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with council procedures.

 

7.4???? Members of staff of council who provide any information to a particular councillor in the performance of their civic duties must also make it available to any other councillor who requests it and in accordance with council procedures.

 

7.5???? Councillors and administrators who have a private (as distinct from civic) interest in a document of council have the same rights of access as any member of the public.

 

Councillors and administrators to properly examine and consider information

 

7.6???? Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with council?s charter.

 

Refusal of access to documents

 

7.7???? Where the general manager and public officer determine to refuse access to a document sought by a councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the councillor or administrator to perform their civic duty (see clause 7.2). The general manager or public officer must state the reasons for the decision if access is refused.

 

Use of certain council information

 

7.8???? In regard to information obtained in your capacity as a council official, you must:

 

a)?? only access council information needed for council business

 

b)?? not use that council information for private purposes

 

c)?? not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with council

 

d)?? only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

 


 

 

Use and security of confidential information

 

7.9???? You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

 

7.10?? In addition to your general obligations relating to the use of council information, you must:

 

a)?? protect confidential information

 

b)?? only release confidential information if you have authority to do so

 

c)?? only use confidential information for the purpose it is intended to be used

 

d)?? not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

 

e)?? not use confidential information with the intention to cause harm or detriment to your council or any other person or body

 

f)??? not disclose any information discussed during a confidential session of a council meeting.

 

Personal information

 

7.11?? When dealing with personal information you must comply with:

 

a)?? the Privacy and Personal Information Protection Act 1998

 

b)?? the Health Records and Information Privacy Act 2002

 

c)?? the Information Protection Principles and Health Privacy Principles

 

d)?? council?s Privacy Management Plan

 

e)?? the Privacy Code of Practice for Local Government

 

Use of council resources

 

7.12?? You must use council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

 

7.12.1 By way of clarification of clause 7.12, Councillors and members of staff are not permitted to hire or borrow Council equipment for private purposes.

[Inserted by Council 12 June 2013]


 

7.13?? Union delegates and consultative committee members may have reasonable access to council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

 

a)?? the representation of members with respect to disciplinary matters

 

b)?? the representation of employees with respect to grievances and disputes

 

c)?? functions associated with the role of the local consultative committee.

 

7.14?? You must be scrupulous in your use of council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

 

7.15?? You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

 

7.16?? You must not use council resources, property or facilities for the purpose of assisting your election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

 

7.17?? You must not use council letterhead, council crests and other information that could give the appearance it is official council material for:

 

a)?? the purpose of assisting your election campaign or the election campaign of others, or

 

b)?? for other non-official purposes.

 

7.18?? You must not convert any property of the council to your own use unless properly authorised.

 

7.19?? You must not use council?s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.


 

Councillor access to council buildings

 

7.20?? Councillors and administrators are entitled to have access to the council chamber, committee room, mayor?s office (subject to availability), councillors? rooms, and public areas of council?s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

 

7.21?? Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or delegate) or as provided in the procedures governing the interaction of councillors and council staff.

 

7.22?? Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence council staff decisions.

 

PART 8???
MAINTAINING THE INTEGRITY OF THIS CODE

 

8.1???? You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this code or its administration.

 

Complaints made for an improper purpose

 

8.2???? You must not make a complaint or cause a complaint to be made under this code for an improper purpose.

 

8.3???? For the purposes of clause 8.2, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

 

a)?? to intimidate or harass another council official

 

b)?? to damage another council official?s reputation

 

c)?? to obtain a political advantage

 

d)?? to influence a council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

 

e)?? to influence the council in the exercise of its functions or to prevent or disrupt the exercise of those functions

 

f)??? to avoid disciplinary action under this code

 

g)?? to take reprisal action against a person for making a complaint under this code except as may be otherwise specifically permitted under this code

 

h)?? to take reprisal action against a person for exercising a function prescribed under the procedures for the administration of this code except as may be otherwise specifically permitted under this code

 

i)??? to prevent or disrupt the effective administration of this code.

 

Detrimental action

 

8.4???? You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under this code except as may be otherwise specifically permitted under this code.

 

8.5???? You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under this code except as may be otherwise specifically permitted under this code.


 

8.6???? For the purposes of clauses 8.4 and 8.5 detrimental action is an action causing, comprising or involving any of the following:

 

a)?? injury, damage or loss

 

b)?? intimidation or harassment

 

c)?? discrimination, disadvantage or adverse treatment in relation to employment

 

d)?? dismissal from, or prejudice in, employment

 

e)?? disciplinary proceedings.

 

Compliance with requirements under this code

?

8.7???? You must not engage in conduct that is calculated to impede or disrupt the consideration of a matter under this code.

 

8.8???? You must comply with a reasonable and lawful request made by a person exercising a function under this code.

 

8.9???? You must comply with a practice ruling made by the Division of Local Government.

 

8.10?? Where you are a councillor or the general manager, you must comply with any council resolution requiring you to take action as a result of a breach of this code.

 

Disclosure of information about the consideration of a matter under this code

 

8.11?? You must report breaches of this code in accordance with the reporting requirements under this code.

 

8.12?? You must not make allegations of suspected breaches of this code at council meetings or in other public forums.

 

8.13?? You must not disclose information about the consideration of a matter under this code except for the purposes of seeking legal advice unless the disclosure is otherwise permitted under this code.

 

Complaints alleging a breach of this part

 

8.14?? Complaints alleging a breach of this Part (Part 8) by a councillor, the general manager or an administrator are to be made to the Division of Local Government.

 

8.15?? Complaints alleging a breach of this Part by other council officials are to be made to the general manager.

 

 


Ordinary Council Meeting - 12 June 2013

Code Of Conduct 2013 ? Commencement And Key Resources???????

 

PART 9??? DEFINITIONS

 

In the Model Code of Conduct the following definitions apply:

 

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

 

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

 

administrator????????????????????????? an administrator of a council appointed under the Act other than an administrator appointed under section 66

 

Chief Executive???????????????????? Chief Executive of the Division of Local Government, Department of Premier and Cabinet

 

committee????????????????????????????? a council committee

 

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

 

council committee

?????????????????????????????????????????????? a committee established by resolution of council

?council committee

member???????????????????????????????? a person other than a councillor or member of staff of a council who is a member of a council committee

 

council official??????????????????????? includes councillors, members of staff of council, administrators, council committee members, conduct reviewers and delegates of council

 

councillor?????????????????????????????? a person elected or appointed to civic office and includes a Mayor

 

delegate of council??????????????? a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

 

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

 

election campaign???????????????? includes council, State and Federal election campaigns

 

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

 

the Regulation??????????????????????? the Local Government (General) Regulation 2005

 

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

 

The phrase, ?this code? used in the Model Code of Conduct refers also to the procedures for the administration of the Model Code of Conduct prescribed under the Local Government (General) Regulation 2005.


Ordinary Council Meeting - 12 June 2013

Code Of Conduct 2013 ? Commencement And Key Resources???????

 



Ordinary Council Meeting - 12 June 2013

Code Of Conduct 2013 ? Commencement And Key Resources???????

 













































Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.4?? SF1771??????????? 120613??????? Investment Report to 31 May 2013

 

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

 

Summary:

 

The return on investments from 1 July 2012 to 31 May 2013 is $1,460,906 (Cash Result).

Estimated Accrual interest up to 30.6.13 is $696,072.

Anticipated interest return for financial year is $2,154,978.

 

The budget allocation for the financial year ?2012/13? is $1,861,400.

 

Council currently has $44.959 Million invested:

 

?????????????? $5.661 Million with Managed Funds,

?????????????? $38.803 Million on cash/term deposits,

?????????????? $0.495 Million in a Floating Rate Note.

 

This report details all the investments placed during May and Council funds invested as at 31 May 2013.

 

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 31 May 2013 be noted.

 

 

OPTIONS:

 

INVESTMENTS MATURED & INTEREST & RETURNS 1 TO 31 MAY? 2013

Term Deposits/Bank Bills

Institution

?Amount

Period (Days)

Rate

?Interest

NAB

$1,000,000.00

85

4.27%

?$9,943.84

BCU

?$580,497.92

273

5.12%

?$22,230.05

Rural Bank

?$1,019,369.86

119

4.31%

?$14,323.96

MANAGED FUNDS/ON CALL

Institution

Amount

Period (Days)

Performance for Month

Returns This Month

Annualised Performance FYTD

Returns FYTD

UBS Wealth M'ment Aust Ltd

?$201,260.06

31

0.53%

?$1,392.75

0.82%

?$1,646.47

Interest Paid Daily each Quarter

ANZ (On call)

?$998,445.69

31

0.29%

?$4,347.25

3.14%

?$39,944.95

ANZ (Business Online Saver)

?$4,000,000.00

31

0.00%

??? -??

0.00%

?$? -??

Macquarie Global Income Opportunities Fund

?$3,830,228.02

31

0.38%

?$14,647.79

8.39%

?$309,939.43

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

?$1,156,269.64

31

2.60%

?$29,288.49

?$145,053.65

N/A

19.77%

Averon II*

?$474,800.00

31

0.51%

?$2,400.00

-$25,200.00

?$28,396.10

11.29%

Floating Rate Term Deposits/Notes

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

ING

?$495,240.00

31

0.00%

-$7,355.00

-$7,355.00

?$24,509.85

0.00%

Investec Bank

?$1,000,000.00

31

6.40%

?$12,275.26

?$70,052.15

?$? -??

5.32%

 

 

INVESTMENTS HELD AT 31 MAY 2013

Institution

 

?Amount

?Date Invested

Period (Days)

Maturity Date

Interest for month

Interest

?Interest Due at maturity

BCCU - No 1

A2

$602,727.97

09/05/13

365

09/05/14

2,154.96

4.35%

?$26,218.67

BCCU - No 2

A2

$723,112.14

27/05/13

365

27/05/14

3,922.64

6.60%

?$47,725.40

IMB - No 1

A2

$1,076,643.61

07/02/13

147

04/07/13

3,628.14

4.10%

?$17,777.89

IMB - No 3

A2

$832,033.63

16/04/13

359

10/04/14

2,838.03

4.15%

?$33,961.79

Bank of Qld - No 1

BBB+

$1,044,776.94

07/02/13

182

08/08/13

3,778.37

4.40%

?$22,922.12

Bank of Qld - No 2

BBB+

$729,151.64

11/04/13

203

31/10/13

2,666.90

4.45%

?$18,046.00

Bank of Qld - No 3

BBB+

$1,000,000.00

16/04/13

177

10/10/13

3,698.63

4.50%

?$21,821.92

Bank of Qld - No 4

BBB+

$1,000,000.00

16/04/13

1457

12/04/17

4,027.40

4.90%

?$195,597.26

ME Bank

BBB+

$642,978.22

31/01/13

145

25/06/13

2,272.44

4.30%

?$10,983.48

NAB - No 2

AA-

$1,009,943.84

02/05/13

140

19/09/13

3,511.28

4.23%

?$16,385.99

NAB - No 3

AA-

$1,072,443.58

05/07/11

731

05/07/13

5,694.23

6.46%

?$138,749.52

NAB - No 4

AA-

$1,243,529.51

07/03/13

728

05/03/15

4,599.36

4.50%

?$111,611.03

NAB - No 5

AA-

$863,976.53

18/12/12

366

19/12/13

3,223.93

4.54%

?$39,332.00

NAB - No 6

AA-

$1,173,486.09

13/12/12

182

13/06/13

4,398.16

4.56%

?$26,682.18

NAB - No 7

AA-

$1,106,231.56

18/04/13

182

17/10/13

3,964.25

4.36%

?$24,049.78

NAB - No 8

AA-

$800,000.00

20/12/12

203

11/07/13

2,985.21

4.54%

? 20,199.89

NAB - No 9

AA-

$1,000,000.00

16/04/13

212

14/11/13

3,575.34

4.35%

?$25,265.75

AMP(CPG) - No 2

A

$1,000,000.00

10/01/13

365

10/01/14

3,698.63

4.50%

?$ 45,000.00

AMP(CPG) - No 3

A

$500,000.00

09/09/12

366

09/09/13

2,465.75

6.00%

?$30,082.19

AMP(CPG) - No 3

A

$500,000.00

09/09/12

366

09/09/13

2,465.75

6.00%

? 30,082.19

AMP(CPG) - No 4

A

$1,000,000.00

07/12/12

550

10/06/14

3,698.63

4.50%

?$67,808.22

Rabobank(Aust)-No.1

AA

$500,000.00

23/04/13

1462

24/04/17

2,630.14

6.40%

?$128,175.34

Rabobank(Aust)-No.2

AA

$1,000,000.00

30/03/13

365

30/03/14

5,876.71

7.15%

?$ 71,500.00

Rabobank(Aust)-No.3

AA

$500,000.00

25/11/11

1827

25/11/16

2,547.95

6.20%

?$155,169.86

Rabobank(Aust)-No.4

AA

$1,000,000.00

07/09/12

286

20/06/13

4,109.59

5.00%

?$39,178.08

Rabobank(Aust)-No.5

AA

$1,000,000.00

18/04/13

230

04/12/13

3,616.44

4.40%

?$27,726.03

Rabobank(Aust)-No.6

AA

$1,000,000.00

18/04/13

335

19/03/14

3,616.44

4.40%

?$40,383.56

Rural Bank

A-

$1,033,693.82

23/05/13

98

29/08/13

3,610.85

4.25%

?$11,795.44

ANZ

AA

$1,000,000.00

20/06/12

372

27/06/13

3,569.43

5.00%

?$50,958.90

ANZ (Coffs Harbour)

AA

$1,019,491.78

24/04/13

153

24/09/13

3,678.55

4.39%

?$18,760.60

Westpac(Coffs Harbour)

AA-

$1,000,000.00

17/04/13

70

26/06/13

3,328.77

4.05%

?$7,767.12

Westpac(Coffs Harbour)

AA-

$1,000,000.00

17/04/13

239

12/12/13

3,468.49

4.22%

?$27,632.33

ING Bank (Aust) Ltd -No 1

A

$500,000.00

09/01/13

181

09/07/13

1,857.53

4.52%

?$11,207.12

ING Bank (Aust) Ltd No 2

A

$1,500,000.00

12/12/12

1464

15/12/16

7,779.45

6.31%

?$379,637.26

ING Bank (Aust) Ltd -No 3

A

$800,000.00

27/03/13

183

26/09/13

2,958.90

4.50%

?$18,049.32

ING Bank (Aust) Ltd -No.4

A

$1,028,997.26

21/02/13

364

20/02/14

3,619.82

4.28%

?$43,920.42

Investec Bank Australia

BBB-

$1,000,000.00

27/05/13

91

26/08/13

3,953.42

4.81%

?$11,992.05

ING Bank (Aust) Ltd No 5

A

$495,240.00

26/04/12

1426

22/03/16

2,706.86

6.65%

?$128,666.07

ANZ (On Call)

At call

$998,445.69

30/04/13

31

31/05/13

4,347.25

3.25%

?$2,755.98

ANZ (Business Online Saver)

At call

$4,000,000.00

30/04/13

31

31/05/13

0.00

4.30%

?$14,608.22

Macquarie Global Income Opport.Fund

A

$3,830,228.02

30/04/13

31

31/05/13

14,647.79

3.00%

?$9,759.21

UBS Wealth? Aust Ltd

At Call

$201,260.06

30/04/13

31

31/05/13

0.00

2.10%

?$358.96

NSW Treasury Corp

A

$1,156,269.64

30/04/13

31

31/05/13

29,288.49

0.00%

?$? -??

Averon II

A

$474,800.00

30/04/13

31

31/05/13

2,400.00

0.00%

?$? -??

TOTAL

 

?$44,959,461.53

 

 

 

?$186,880.90

 

?$ 2,170,305.14

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during May 2013 and Council funds invested as at May 2013.

 

 

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 2012/2013 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2012/2013 has been completed with the March 2013 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments have been assessed with the March 2013 Budget Review.  Variances will be distributed between the Water, Sewerage and General Funds for the third quarter of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.5?? SF1822??????????? 120613??????? Minutes of the Access Committee meeting held 23 April 2013

 

AUTHOR/ENQUIRIES:??? Coral Hutchinson, Manager Community and Cultural Services ????????

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 23 April 2013 are attached for Council?s endorsement.?

 

 

Recommendation:

 

That the Committee?s submission to the Joint Standing Committee on Road Safety regarding Non-registered motorised scooters be noted, and the minutes of the Nambucca Shire Council Access Committee meeting held 23 April 2013 be endorsed.

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

 

DISCUSSION:

 

Whilst the minutes do not contain any specific recommendations, Council may wish to note the Submission to the Joint Standing Committee on Road Safety regarding Non-registered motorised scooters.? The content of the Submission was as follows:

 

?Like many other Local Government Areas, Nambucca Shire has an aged and ageing population and the use of non-registered motorised vehicles is increasing.  The community concern about their use is also growing and has been for some time.  At the local level, Nambucca Shire Council has responded to this by proactively promoting safe usage of these vehicles through workshops, presentations and distribution of various publications.  In addition to this, information regarding recent other enquiries into the use of motorised scooters (ie NRMA and ACCC in the past year or so) has been actively promoted for community input. 

 

Notwithstanding those actions, a clear message to the Joint Standing Committee is that more needs to be done at a higher level. 

 

The Access Committee View

 

Nambucca Shire Council Access Committee which advocates on behalf of older people and people with disabilities, resolved at its 23 April 2013 meeting, to make a submission into the Joint Standing Committee enquiry and I put forward the following points on their behalf:

 

1.?? There is a need for users of non-registered motorised vehicles to have insurance along the lines of 3rd Party protection.

2.?? Vehicles need a better braking mechanism to reduce vehicle/pedestrian collisions.  Whilst "hands-off = stop", this is not immediate and the vehicle continues to travel for some distance.

3.?? There is a  need for a capacity test of some type.  Most of the faculties required to drive a motor vehicle are required to drive a scooter, especially adequate vision, ability to look around you and ability to respond quickly are all essential for safe scooting.


The Need for Adequate Infrastructure

 

From a broader Council perspective, the key safety issue for people using non-registerd motorised vehicles is safe path of travel via an adequate footpath network.  The daunting task of asset maintenance for Local Government is well documented.  At the Nambucca Shire level, it is rare that a new footpath is constructed due to competing needs in other areas of Council and the priority of maintaining existing pathways.  Getting scooters and the like off roadways is imperative to safety.  Council has a Pedestrian Access Management Plan (PAMP) which identifies requirements for new footpaths and where in-fill would form a continuous off-road path of travel, however Council's ability to fund the PAMP is another story.  Programs such as the recent funding under NSW Family and Community Services (in conjunction with LGSA) -  Aged Friendly Communities Grant provide much needed capital for on-ground projects.  At the local level, the difference these projects make cannot be under-estimated.?

 

The timing of the Committee meeting and the deadline for submissions did not provide an opportunity for a report to Council and in any case, the content of the submission was based on well-documented views which have been reported to Council on various occasions over the life of the Access Committee.

 

 

CONSULTATION:

 

Assistant General Manager ? Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Improved management of non-registered motorised scooters serves to lower risks associated with their use.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nothing identified

 

Source of fund and any variance to working funds

Nothing required

 

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1View

12399/2013 - Minutes of the Nambucca Shire Council Access Committee meeting held 23 April 2013

0 Pages

2View

13559/2013 - Access Committee - 23 April 2013 - Minutes of meeting

0 Pages

??


Ordinary Council Meeting - 12 June 2013

Minutes of the Access Committee meeting held 23 April 2013

 

Meeting Opened: 2:10 pm.

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Cr A Smyth

Ms Coral Hutchinson

Cr Elaine South

Dr Dorothy Secomb

Ms Margaret Hutchinson

Mr Les Small

Ms Alba Sky

Ms Lee-anne Funnell

Ms Jenny Adams

 

 

APOLOGIES

 

Mr Peter Shales

Mr Keith Davis

Mrs Fiona Henwood

 

 

 

 

Assistant General Manager Corporate and Community Services Report

ITEM 3.1???? SF1822????????????? 230413???? Confirmation of the Minutes of the Previous Meeting held 26 March 2013

ReSOLVED: (SMYTH/SOUTH)

 

That the minutes of the meeting held 26 March 2013 be confirmed.

 

 

ITEM 3.2???? SF1822????????????? 230413???? Report on Business Arising from the Previous Meeting held 26 March 2013

ReSOLVED: (SECOMB/SOUTH)

 

That the following business arising from the previous minutes be noted:

 

1.? Council?s Assistant General Manager Engineering Services advised that attending the May meeting would be preferred as a draft Council budget would be available by then.

2.? Sliding showers have now been installed in disability shower/toilets at Macksville Aquatic Centre to better cater for people with disabilities.

3.? $6,000 has been raised towards the cost of a chair lift for the big pool, largely due to the concerted efforts of one person.

4.? A second aqua-chair has been ordered for use in the hydrotherapy pool to cater for demand at peak periods.

 

 


 

 

ITEM 3.3???? SF1822????????????? 230413???? Report on Correspondence to Access Committee meeting 23 April 2013

ReSOLVED: (HUTCHINSON/SMALL)

 

That the correspondence be noted and that a submission on behalf of the Access Committee be sent to the NSW Joint Standing Committee on Road Safety in response to its inquiry into non-registered motorised vehicles.

 

 

 

ITEM 3.4???? SF1822????????????? 230413???? Report on General Business to Access Committee meeting 23 April 2013

 

Transport for NSW Social Access Framework ? Let?s Hear Your Thoughts

 

The consultation on 19 June 2013 in Coffs Harbour was discussed and the following is the be followed up:?

1.? What are the costs of using Community Transport including their buses?

2.? What public transport connections are there south?

3.? The successful public bus education activities recently held for young people could form the basis of something similar for adults, particularly older people on their own who don?t know how to use public transport.? A mystery shopper trip?

Elders Abuse Helpline ? 1800 628 221

Information noted.

 

???

NEXT MEETING DATE

The next meeting will be held on Tuesday 28 May 2013 commencing at 2:00 pm.?

 

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3:20 pm.?

 

 

????????????

SHIRLEY HOLMES

(CHAIRPERSON)


Ordinary Council Meeting - 12 June 2013

Minutes of the Access Committee meeting held 23 April 2013

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Mrs Fiona Holmes

Cr E South

Mrs Margaret Hutchinson

Cr A Smyth

Dr Dorothy Secomb

Ms Coral Hutchinson

Mr Peter Shales

Ms Jenny Adams

Ms Alba Sky

Mr Keith Davis

Mr Les Small

 

 

APOLOGIES

 

Ms Lee-Anne Funnell

Engineering Staff Nambucca Shire Council

 

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

 

RECOMMENDATION:? ADAMS/SOUTH

 

That the minutes of the previous meeting held 23 April 2013, be endorsed.

 

 

 

?

ASKING OF QUESTIONS WITH NOTICE - nil

 

 

Director Environment and Planning Report

ITEM 5.1???? SF1822????????????? 280313???? Report on Business Arising from previous meeting held 28 May 2013

Discussion was held on the following:

??? Transport forum on 19 June at Coffs Ex-services Club from 11am ? 2pm.

??? Woolworths toilets ? Coral Hutchinson and Paul Guy will investigate original development plans, any alterations and the approval and then recommend options for further action.

Recommendation: SMYTH/DAVIS

 

That the issue of the Woolworths Toilets be referred to the Manager of Applications and Compliance and that the other matters arising from the previous minutes be noted.

 

 

 

 

ITEM 5.2???? SF1822????????????? 28/5/13???? Report on correspondence to the Access Committee meeting of 28 May 2013

The following items have been received / sent:

1.??? Submission on scooters ? Coral Hutchinson had a call from the Joint Standing Committee, they would like someone from the Access Committee to attend a public hearing in Port Macquarie in August to speak about the issues included in the submission.

2.??? Paraquad News

3.??? Letter of thanks has been sent to the Nambucca Shire Council Staff re. Winifred St Car Park

ReSOLVED:? (SHALES/DAVIS)

 

That the items of correspondence and related actions be noted.

 

 

 

 

 

ITEM 5.3???? SF1614????????????? 260711???? Report on General Business and Matters of Interest

The following items were discussed in General Business:

1.??? Anthony Brandie, Senior Health and Building Surveyor spoke to the group about the Bowraville Theatre. Discussion was held on the 1:14 / 1:11.5 ramp.? Issues the Access Committee would like the Council staff to look into include:

??? Lighting on external ramp

??? Awning over ramp to protect from rain

??? Chair lift to stage

??? Signage on ramp to identify grade

??? Evacuation plan to manage people with disabilities.

2.??? Three flags in Ridge St, Nambucca Heads are a hazard

3.??? Skateboarders using footpaths near Woolworths / Post Office in Nambucca Heads CBD.? Ideas included talking to the school re. educating children on rules for bikes and skateboards.? Coral Hutchinson will talk to Youth Development Officer about this issue and report back to the committee.

4.??? 3-10 June is the YMCA Annual appeal ? raising money and awareness that they are a charity and that funds go back to the local community for various activities

5.??? Meet and greet at Pacifica on Wed 29/5/13

Recommendation:

 

That the reports be noted.

 

 

 

???

 

 

?

 

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 25th June 2013 commencing at 2:00pm.

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3:45 pm.?

 

 

 

 

(CHAIRPERSON

 


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Corporate and Community Services

ITEM 10.6?? SF632????????????? 120613??????? Re-reporting Modification to 2012/010 to remove Lot 14 from the development

 

AUTHOR/ENQUIRIES:??? Selina McNally, Senior Town Planner ????????

 

Summary:

 

On 10 April 2013 Council resolved to defer this matter and requested council staff ensure the applicant understands his options. Council staff sent a letter which is at Attachment 1. The remainder of the report remains the same and follows.

 

In 2012 development application 2012/010 was submitted to Council and assessed by Council staff. Subsequently a conditional consent was issued to grant the strata subdivision of an existing commercial property within Macksville CBD.

 

The development application related to strata subdivision only and no associated building works were proposed. The application relates to an existing building known as 10 Princess Street and was to strata subdivide the 5 (five) existing commercial properties within the one existing building which comprised of 3 (three) separate allotments, with their own titles, but in the same ownership and on them was the building to be strata subdivided and a large car parking area to be dedicated as common property within the strata subdivision.

 

A modification application has now been submitted, under Section 96 of the Environmental Planning and Assessment Act, which seeks to remove one of the three allotments from the development (lot 14); the one which currently provides the majority of the car parking area for the site. This results in a significant shortfall of on-site car parking as, in accordance with the requirements of Part C of the Nambucca Development Control Plan (NDCP), a total of 29 car park spaces are required and only 21 will be provided without lot 14.

 

Although this modification results in a shortfall for on-site parking it is still considered to be substantially the same development. Given that a large number of on-site parking is being provided, it is considered acceptable on this occasion to apply Section 94 contributions in lieu of the shortfall.

 

NOTE: This matter requires a ?Planning Decision? referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1??????? That Council consent to the Modification DA2012/010/01 for the excising of Lot 14 from the development, subject to the recommended modified conditions attached to this report.

 

2??????? That Council consent to the request to vary car parking requirements within Part C of the Nambucca Development Control Plan 2010 subject to the payment of Section 94 Contributions in lieu of short fall of on-site car park spaces being 8 spaces at $8,821 per space as per the table below.

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Parking: Macksville CBD

Car park space

8

$8,821

$70, 568

2013

 

3??????? That Council apply the funds raised by this development to public car-parking improvements within or adjacent to the Macksville CBD.

 

 

 

OPTIONS:

 

????????????? Option 2

 

Option 2 is that Council may refuse the application to modify consent DA2012/010 on the basis that there will be an unacceptable short fall of car parking, which does not meet the requirements of Nambucca Development Control Plan 2010.

 

If this option is proceeded with, Council may also wish to modify the original Consent to include a condition requiring the consolidation of the three allotments.

 

????????????? Option 3

 

Option 3 is that Council consent to the Modification, subject to alternate conditions.

 

 

DISCUSSION:

 

In 2012 a development application for strata subdivision was submitted to and approved by Council. The application related to an existing development of 5 commercial properties within one building, on the corner of Princess and Mackay Street. The application site consists of 3 allotments ? Lots 1, 2 and 14 DP 2037.

 

Lots 1 and 2 house the 5 commercial properties, with Lot 14 providing informal car parking to serve employees and customers to the rear of the commercial properties. The applicant has now submitted a modification to remove Lot 14 from the development consent, which will remove some of the on site car parking.? 21 spaces will still remain to be provided on site, equivalent to 4 spaces for 4 of the units and 5 for the other larger one. It is considered this should be adequate car parking for employees of the commercial units so it is the visitor parking which will be sacrificed through the modification. As this is a CBD location alternate public car parking is available for customers.

 

 

Figure 1: site plan to show the 3 lots which collectively formed the original application site and identifying Lot 14 which is now proposed to be removed.

 

 

 

 

 

Figure 2: shows the commercial building to be strata subdivided and Lot 14 which provides informal (not sealed) car parking

 

 

Figure 2 shows the commercial building to be strata subdivided (the pink building) and Lot 14 to be removed through the modification. You can see in Figure two is provides informal (not sealed or marked) car parking at present and the adjoining Lots 12 and 13 Section 2 DP 2037. Lots 12, 13 and 14 are also currently being utilised as informal car parking (grass).

 

If the modification is approved, then the allotment to be excised (Lot 14) could potentially be sold off and/or redeveloped independently of the other two. This not only impacts on car parking and the amount of common property available for the original development, but it could also be argued that there could be more merit in leaving the allotments together as one holding as it may facilitate future development opportunities. However, it is considered that excising this one allotment away from the existing development has the same potential for future development, but instead for the development of Lot independently.

 

 

CONSULTATION:

 

????????????? Internal

 

Manager of Technical Services (MTS

 

MTS advises that although the plan submitted identifies 21 car park spaces will be available on site, he has measured the adequacy of them and they do not meet minimum standards. As such, MTS advises it is likely more spaces will be lost, unless a boundary adjustment is undertaken.

 

Condition 5 requires a further car parking plan to show the 21 spaces to be provided to and that they meet car parking standards to be fully accessible. Subsequently, if a boundary adjustment with Lot 14 is required then this must be done to achieve the 21 space and ensure they have adequate

 

 

MATTERS FOR CONSIDERATION ? SECTION 79C(1) EP&A ACT

 

In its assessment of a development application, Council is required to take into consideration the following matters:

 

a????????? the provisions of

 

(i) any environmental planning instruments

 

Nambucca Local Environmental Plan 2010

 

(ii) any draft environmental planning instrument

 

There are none specifically relevant to the proposal.

 

(iii) any development control plan (DCP)

 

Nambucca Development Control Plan 2010

 

????? Notification Part A

 

The application was not notified as there is no requirement to notify applications for Strata Subdivision only.

 

????? Car Parking Part C

 

The application relates to a reduction in car parking area and requests a significant reduction in on site

 

b????????? the likely impacts of the development

 

Context and Setting

 

The site relates to an established commercial building within Macksville CBD.

 

Access, Transport and Traffic

 

The proposal includes adequate access and some car parking to serve the employees of each commercial unit, however, visitor parking is limited and does not meet the requirements as set out in the NDCP 2010.

 

Economic Impact in the Locality

 

The proposal gives the building owner greater flexibility with regards to leasing out and/or selling these units individually rather than as one whole building, which could facilitate future uses of each unit and as such will have a good economic impact on units with this building and Macksville CBD as a whole.

 

Cumulative Impacts

 

To allow several development proposals such as this and to consent to their request to not provide the required car parking on site, could potentially lead to future car parking problems within Macksville CBD, should the appropriate plan not be in place to collect funds to build a new public car park, or extend an existing one(s), in the future

 

c????????? the suitability of the site for the development

 

The site was considered appropriate as submitted for the original development application, where the site comprised of 3 allotments collectively. There is some cause for concern with regards to removing one of these allotments, firstly due to the insufficient car parking which can be provided to serve the development without the third allotment.

 

d????????? any submissions made in accordance with the Act or the regulations

 

No submissions were received.

 

e????????? the public interest

 

It is in the public interest to provide a good variety of commercial development within the CBD, however, sufficient car parking must also be provided to support it. The section 94 plan does allow for a variation in on site car

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Subject to the appropriate measures being employed to monitor and address any future potential car parking issues in Macksville CBD, no harm will come to the environment.

 

Social

 

Any development which could facilitate new businesses into the town of Macksville and Shire as a whole bring subsequent social benefits, however, it is also important to avoid potential social conflicts between business owners/occupiers and other community members by virtue of a shortfall of CBD parking.

 

Economic

 

The original development application for strata subdivision was applied for to allow greater flexibility to lease out and/or sell the five separate commercial units which could facilitate keeping them occupied in the long term.

 

Risk

 

The collection of contributions is considered adequate to address any risk associated with consenting to a reduction of onsite parking.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The section 94 plan is in place to ensure funds are collected from developments within the CBD to provide for future needs of additional car parking.

 

Source of fund and any variance to working funds

 

Section 94 Plan for car parking in Macksville CBD

 

Service level changes and resourcing/staff implications

 

Not applicable.

 

 


GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1??????? The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 14 March 2012 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

DA2012/010/01

 

Applicant

01/02/2012

DA2012/010/02

 

Applicant

01/02/2012

DA2012/010/03

 

Applicant

01/02/2012

Statement of Environmental Effects

 

Applicant

01/02/2012

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

2??????? An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Seven (7) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Plan of Subdivision and Section 88B Instrument requirements

 

3??????? A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council?s policy.

 

Sewer and Water

 

4??????? Separate sewer and water connections must be provided for each strata Lot. A Section 68 application will be required and the applicable fees will need to be paid, including any applicable Section 64 contributions for any changes to Equivalent Tenements (ETs).

 

 

Car parking plans required

 

5??????? The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent. The access, parking and manoeuvring for the site is to comply with the requirements of Council?s Development Control Plan for Car Parking and Australian Standards. Plans are to include, but not be limited to, the following items:

 

a pavement description;

b site conditions affecting the access;

c existing and design levels;

d longitudinal section from the road centreline to the car space(s);

e cross sections every 15 metres;

f drainage (pipes, pits, on-site detention, etc.);

g a physical barrier across the full road frontage of the property suitable to prevent vehicular access at locations other than the approved driveways;

h a clearance height 2.2m for all internal car parking areas. Where disabled parking is to be provided a minimum clearance height of 2.5m is required. Building elements such as pipes, ducts, conduits and beams are not to encroach below the specified clearance height;

i turning paths; and

j line marking and signs.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The plans must be in compliance with Council's Adopted Engineering Standard. Such plans and specifications must be approved as part of the Construction Certificate and by Council?s engineering staff.

 

During the assessment of the development application, it appeared some spaces would not conform to the Standard and a revised car parking plan, to show car park spaces and aisle widths comply with AS 2890 .1:2004 Part 1 Off Street Car Parking and 2890.6:2009 Part 6 Off Street parking for people with disabilities. This may require a boundary adjustment with Lot 14 to accommodate all 21 spaces, if necessary.

 

 

Contribution to be paid towards provision or improvement of amenities or services

 

6??????? Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Evidence of payment of the contributions is to be provided to the Principle Certifying Authority prior to the issue of the Construction Certificate.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Parking: Macksville CBD

Car park space

8

$8,821

$70, 568

2013

Attachments:

1View

9280/2013 - Letter advising of Councils resolution and options

0 Pages

??


Ordinary Council Meeting - 12 June 2013

Re-reporting Modification to 2012/010 to remove Lot 14 from the development

 

Enquiries to:?????? Ms McNally

Telephone no:??? 6568 0225

Our Ref:??????????? DA 2010/04/01

 

 

 

17 April 2013

 

 

 

Mr J Parkes

PO BOX 823

MAIN BEACH? QLD? 4217

 

 

Dear Mr. Parkes

 

SECTION 96 APPLICATION TO MODIFY DEVELOPMENT APPLICATION 2010/04

SUBDIVISION - RESIDENTIAL,

LOTS: 1, 2 & 14 SECTION 12 DP 2037

 

I refer to the above mentioned Section 96 application lodged with Council and further to my letter to you of 2 April and the Council Meeting on 10 April 2013.

 

As the letter of 2 April advised you, the officer?s report carried a recommendation for approval subject to conditions, including the payment of section 94 Contributions for car parking in Macksville CBD.

 

Your representative Greg Johnson met Council on site for their site inspection prior to the Council meeting on 10 April 2013. From some questions and discussions that took place between Council, council staff and Mr. Johnson, their was some concern as to whether all parties and most importantly you, as the applicant, fully understand the cost implications of the Section 94 contributions associated with the Modification application. Council therefore resolved to defer the proposal for future consideration and I am writing to you to reiterate and clarify a few points already discussed during the assessment process.

 

???? Section 94 Contributions for car parking in Macksville CBD are levied at $8, 821 and as a result of the modification, you will have a shortfall of 8 car park spaces, this will equate to required contributions of $70, 568;

???? This contribution will apply to the Modified Consent to remove Lot 14 from the original development;

???? The original development was approved and Consent DA2012/010 was issued on 14 March 2012 and is current and valid;

???? This Consent can be acted upon and the strata subdivision can take place to include Lot 14 and the S94 contributions for car parking will not be required as Lot 14 provides adequate car parking.

 

Please give this matter attention at your earliest opportunity and respond in writing within 21 days of the date of this letter. Failure to respond in writing to this letter within 21 days will see the matter be reported back to council and the same recommendations will be made to Council for their consideration and determination.

 

If you have any questions or queries then please contact Council?s Applications and Compliance Section or myself directly.

 

Yours faithfully

 

 

 

Selina McNally

SENIOR TOWN PLANNER

 

 


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.7?? SF1709??????????? 120613??????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 May - 7 June 2013

 

AUTHOR/ENQUIRIES:??? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

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

 

Table 2 is 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:

 

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

 

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works ? Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

? Submissions outlined in previous report to Council 27 September 2012 ? Item 10.1

????? Further information required from applicant before matter may be processed

????? Voluntary Planning Agreement supported by Council at its 28 February 2013 meeting.

????? Additional information still being provided

 

Please note that there is one unresolved Development Applications in Excess of 12 months old.

 

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

2013/025

1/03/2013

Attached Dual Occupancy

Lot 2 DP 791770, 2 Brahminy Street, Nambucca Heads

????? Building on fence line with neighbours

????? Bedrooms at back of neighbours home and would be quite close to building

????? Nice and quiet area

????? Devalue properties

 

Site inspection being arranged (delayed due to tenants in property)

Site inspection arranged

 

Still trying to arrange site inspection

Final Notice for site inspection or application will be returned

Access now been permitted and assessment being conducted

2013/029

11/03/2013

32 Lot Large Lot Residential Subdivision plus 1 Rural Residue Lot

Lot 2 DP 773170, 166 Bald Hill Road, Macksville

????? Road design to provide flood free access to eastern end of the proposed subdivision

????? Intersection is extremely dangerous for existing residents as already many accidents

????? Dangerous blind spots on Bald Hill road and grass shoulders

????? Existing wildlife corridor which has been there for more than 50 years ? will this be preserved or destroyed?

????? The Road, Power and Phone lines are in constant disrepair

????? Not clear on effluent disposal

????? Enquiring if Council are going to notify all property owners on Bald Hill Road

 

Reviewing DA and submissions

Town Planning Staff and RFS concerns have been reported to applicant

Applicant is preparing amended plans

No update to this

2013/036

20/03/2013

Dual Occupancy

Lot 2 DP 1038947, Scotts Head Road,, Way Way

????? On registration of DP Clearing of 20m strip along Grassy Head Road was registered a restriction to user

????? On DP it is stated that access to Grassy Head Road is prohibited from this property ? 3 properties use one access

????? Only one dwelling should be allowed on each lot and not two

 

Assessment being conducted

2013/057

02/05/2013

Dual Occupancy & Demolition of existing dwelling

Lot 10 Section C, DP 17707, 2 Waratah Street, Scotts Head

????? Amenity ? view sharing concerns ? height limits and loss of views therefore property value decrease

????? Compliance concerns ? query on complying with sq metre rule excluding access handles

????? Adjacent windows on 2nd floor overlook external area

???? Privacy concerns ? increase in noise levels due to increased housing density and location of buildings

????? Demolition concerns ? regarding the removal of asbestos

????? Could set precedent in dual occupancies and parking issues

 

Officer assessing proposal and submissions

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.8?? SF1148??????????? 120613??????? Contract Regulatory Officer's Report May 2013

 

AUTHOR/ENQUIRIES:??? Teresa Boorer, Administrative Support Officer ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for May 2013.

 

Recommendation:

 

That the report from the Contract Regulatory Officer for May 2013 be received and noted by Council.

 

 

Cats

Dogs

COUNCIL?S SEIZURE ACTIVITY

 

 

Seized (doesn?t include those animals dumped or surrendered)

0

4

Returned to Owner

0

2

Transferred to - Council's Facility from Seizure Activities

0

2

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

1

Abandoned or Stray

0

1

Surrendered

1

1

Animals transferred from Seizure Activities

0

2

Total Incoming Animals

1

5

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

1

2

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner?s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

1

Unable to be rehomed

0

0

Total Euthanased

0

1

Total Outgoing Animals

1

3

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

2

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

29

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Corporate and Community Services

ITEM 10.9?? SF251????????????? 120613??????? Schedule of Council Public Meetings

 

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

 

Summary:

 

The following is a schedule of dates for public Council meetings.? The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Recommendation:

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

12/06/2013

Council Chambers

? 8.30 AM

Access Committee

25/06/2013

Council Chambers

? 2.00 PM

Ordinary Council Meeting

27/06/2013

Council Chambers

? 5.30 PM

Water Supply Steering Committee

03/07/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

10/07/2013

Council Chambers

? 8.30 AM

Access Committee

23/07/2013

Council Chambers

? 2.00 PM

Ordinary Council Meeting

25/07/2013

Council Chambers

? 5.30 PM

Water Supply Steering Committee

07/08/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

14/08/2013

Council Chambers

? 8.30 AM

Access Committee

27/08/2013

Council Chambers

? 2.00 PM

Ordinary Council Meeting

29/08/2013

Missabotti Hall

Leave Council Chambers at 4.00 pm

? 5.30 PM

Water Supply Steering Committee

04/09/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

11/09/2013

Council Chambers

? 8.30 AM

Access Committee

24/09/2013

Council Chambers

? 2.00 PM

Ordinary Council Meeting

26/09/2013

Warrell Creek Hall

Leave Council Chambers at 4.30 pm

? 5.30 PM

Water Supply Steering Committee

02/10/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

16/10/2013

Council Chambers

? 8.30 AM

Access Committee

22/10/2013

Council Chambers

??2.00 PM

Ordinary Council Meeting

31/10/2013

Taylors Arm Hall

Leave Council Chambers at 4.30 pm

? 5.30 PM

Water Supply Steering Committee

06/11/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/11/2013

Council Chambers

? 8.30 AM

Access Committee

26/11/2013

Council Chambers

? 2.00 PM

Ordinary Council Meeting

28/11/2013

South Arm Hall

Leave Council Chambers at 4.30 pm

? 5.30 PM

Ordinary Council Meeting

11/12/2013

Council Chambers

? 8.30 AM

 

Note:?? Departure times to Rural Halls have been added.

Note:?? Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????? 12 June 2013

Assistant General Manager Engineering Services Report

ITEM 11.1?? SF632????????????? 120613??????? Disposal of Closed Road - Taylors Arm Road, Burrapine

 

AUTHOR/ENQUIRIES:??? Phillip Smith, Surveyor ????????

 

Summary:

 

Council approved a 2 lot subdivision at Taylors Arm Road, Burrapine, for Mr P and Mrs M Simmons in 2003 (DP 1116467). Their surveyor advised Council that the road formation was not within the road reservation. It was agreed that they dedicate road widening to Council on the subdivision plan in lieu of the unnecessary road being closed and title transferred to themselves at a later date.

 

Titles for the closed road were created in 2012 in 2 lots (DP 1173090). As agreed we now need to transfer that land to Mr and Mrs Simmons for nil consideration.

 

 

Recommendation:

 

1??????? That Council execute a transfer of title of Lots 1 & 2 DP 1173090 to Mr P & Mrs M Simmons for nil consideration.

 

2????????? That Council advise the Office of State Revenue of the circumstances of the transfer.

 

3??????? That Council?s seal be affixed to all relevant documents.

 

 

OPTIONS:

 

None

 

 

DISCUSSION:?

 

None

 

 

CONSULTATION:?

 

Land and Property Information

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no perceivable environmental impacts

 

Social

 

It is conceivable that failure to act by Council may cause social and economic hardship for the affected parties.

 

Economic

 

See above

 


Risk

 

There are liability issues if the closed road remains in Council ownership

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets

 

Source of fund and any variance to working funds

 

There is no impact on working funds

 

Service level changes and resourcing/staff implications

 

Staff will prepare necessary documents in-house.

 

Attachments:

There are no attachments for this report. ???