NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

24 April 2014

 

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 AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

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


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 24 April 2014

 

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 - 10 April 2014...................................................................................... 6

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave - Cr Anne Smyth - 25 April to 14 May 2014 (SF1228). 12  

6        PUBLIC FORUM

i)           Mrs Janine Reed for Committee of Management on behalf of Utungun Community Centre

ii)          Mr Neville and Mrs Maureen Ward Maras Creek Road (Dairy)

iii)         Mr Doug Urquhart - Road side slashing & Active Tree Service

DELEGATIONS

9.6     Modification of Consent - Valla Quarry - DA 2001/096 .................................................... 118

i)           Ms Susan Jenvey Objector

ii)          Dr Peter Sobey on behalf of Valla Quarry

 

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.................................................................................... 13

9.2     Change to Code of Meeting Practice............................................................................... 22

9.3     2012-13 NSW Water Supply and Sewerage Performance Monitoring Report....................... 55

9.4     Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc...................................................................................................................................... 57

9.5     Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage................................................................ 65

9.6     Modification of Consent - Valla Quarry - DA 2001/096 - DELEGATION............................ 118

9.7     DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach.................................................................................................................................... 146

9.8     Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads 165

9.9     Nambucca Shire Libraries – Progress Report.................................................................. 174

9.10   Outstanding DA's greater than 12 months, applications where submissions received not determined from 15 March to 11 April 2014...................................................................................... 178

10      Assistant General Manager Corporate Services Report

10.1   Investment Report To 31 March 2014............................................................................. 183

10.2   Schedule of Council Public Meetings............................................................................. 188

10.3   Adoption of Draft Policy - Rates Hardship..................................................................... 190

10.4   Developer Contributions Report - Community Needs Study and Change to Works Schedule 197


11      Assistant General Manager Engineering Services Report

11.1   Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad............................................................................................... 199

11.2   Nambucca District Water Supply Steering Committee Meeting - 2 April 2014.................... 203

11.3   Terms of Reference for the Off River Storage River Monitoring Committee...................... 209

11.4   Review of a request for the reduction of fees -  Nambucca Valley Care and Autumn Lodge footpath occupation................................................................................................................... 221

11.5   Naming of Causeway - Sundowner Road Bakers Creek................................................... 224

11.6   Nambucca Shire Traffic Committee Meeting Minutes - 1 April 2014.................................. 226

11.7   T012/2013 Tender for Construction of Landslip Remediation Lower Parkes Street Nambucca Heads.................................................................................................................................... 287

11.8   Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads................................... 290    

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

12.1   DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

12.2   Modification of Consent - Valla Quarry - DA 2001/096

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

12.3   T012/2013 Tender for Construction of Landslip Remediation Lower Parkes Street Nambucca Heads

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

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).

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 10 April 2014

The following document is the minutes of the Ordinary Council meeting held on 10 April 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 24 April 2014 and therefore subject to change.  Please refer to the minutes of 24 April 2014 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor John Ainsworth declared a pecuniary conflict of interest in Item 9.2 Gumma Reserve under the Local Government Act as Cr Ainsworth is a Board member of the Gaagal Wanggaan National Park.  Cr Ainsworth left the meeting for this item.

 

Councillor Brian Finlayson declared a pecuniary conflict of interest in Item 9.2 Gumma Reserve under the Local Government Act as Cr Finlayson has a business associate who has had reference interest in purchasing of Reserve.  Cr Finlayson left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.7 Outstanding DA’s greater than 12 months, applications where submissions received not determined from 14-28 March 2014 under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for Valla Quarry prior to becoming a Councillor.  Discussion on this item involved a question about Conditions of Consent for Valla Quarry.  Cr Hoban left the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 March 2014

 

191/14 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 27 March 2014 be confirmed.

 

Page 5 Disclosure of Interest -  Cr MacDonald’s should read “employer” on both disclosures.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

General Manager Report

 

ITEM 9.1      SF959                100414      Outstanding Actions and Reports

192/14 RESOLVED:        (Flack/Smyth)

 

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

 

 

 

Cr Ainsworth and Cr Finlayson left the meeting for this item at 5.37 pm and returned after the conclusion of the item at 5.41 pm.

 

ITEM 9.2      PRF54                100414      Gumma Reserve

193/14 RESOLVED:        (Morrison/Flack)

 

1        That the camping fees for the Gumma Reserve be:

 

·      $20 per site per night in the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays with the maximum number of people allowable per site being five.  Additional persons to be charged at $5.00/head.

 

·      $12 per site per night outside of the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays with the maximum number of people allowable per site being two people.  Additional persons to be charged at $5.00 per person.

 

·      $10 per site per night outside of the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays for single travellers.

 

2        That Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior the peak season.

 

3        That Council charge a fee for dogs of $2.00 per night to cater for the cost of dog poo bags together with their disposal.

 

4        That when the grant funding has been expended Council revisit the Gumma Reserve and that staff be commended for their work in bringing it to the current standard.

 

 

 

ITEM 9.3      SF1479              100414      Purchase of Council Industrial Land - Lot 11 Railway Road Nambucca Heads

194/14 RESOLVED:        (MacDonald/Smyth)

 

1        That Council accept the offer from the Precision Placement Group Pty Ltd to lease the proposed Lot 11 for six months for the amount of $425 per week excluding GST and purchase the land for $245,000 excluding GST.

 

2        The Council’s seal be attached as required to documents associated with the transaction.

 

 

 

ITEM 9.4      SF1639              100414      Economic Directions Committee

195/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council note and receive the minutes of the Economic Directions Committee which was held in the Council Chambers on 25 March 2014.

 

 

 

ITEM 9.5      SF1920              100414      Minutes of the Access Committee meeting held 25 March 2014

196/14 RESOLVED:        (Smyth/Flack)

 

1          That Council endorse the membership of the Nambucca Shire Council Access Committee being Shirley Holmes (Chairperson), Cr South (Deputy Chair) and members listed as follows Cr Anne Smyth, Lyndel Bosman, Les Small, Lee-anne Funnell, Margaret Hutchinson, Jenny Adams, Kerry Sanders, Keith Davis, Alba Sky, Dorothy Secomb and Peter Shales.

 

2          That the minutes of the Nambucca Shire Council Access Committee meeting held 25 March 2013 be endorsed.

 

 

 

ITEM 9.6      SF922                100414      ANZAC Day Centenary Committee Plans for 2015

197/14 RESOLVED:        (Ainsworth/MacDonald)

 

That the plans for ANZAC Day 2015 proposed by the ANZAC Day Centenary Committee be noted.

 

 

 

The Mayor, Cr Hoban, left the meeting at 5.59 pm for discussions in this item pertaining to the development application for Valla Quarry.

The Deputy Mayor, Cr John Ainsworth, took the Chair for the duration of these discussions.

The Mayor returned after the conclusion of discussions pertaining to the Valla Quarry and resumed the Chair at 6.03 pm.

 

ITEM 9.7      SF1947              100414      Outstanding DA's greater than 12 months, applications where submissions received not determined from 14 -28 March 2014

198/14 RESOLVED:        (Flack/Ainsworth)

 

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

 

199/14 Resolved:        (Flack/Smyth)

 

That Council ask its consultant whether they have considered design options for Link Road that could manage through traffic flow but allow emergency access and evacuation in the event of bushfire.

 

 

 

ITEM 9.8      SF1947              100414      2014 March - Development Applications Received

200/14 RESOLVED:        (Flack/Ainsworth)

 

That the Development Applications and Complying Development Applications received in March 2014 be received for information.

 

 

 

ITEM 9.9      SF1947              100414      Construction Certificates Approved March 2014

201/14 RESOLVED:        (Flack/MacDonald)

 

That the Construction Certificates approved for March 2014 be noted and received for information by Council.

 

 

 

ITEM 9.10    SF838                100414      New South Wales Public Library Funding

202/14 RESOLVED:        (Ainsworth/Flack)

 

That Council provide support to the campaign mounted by the NSW Public Library Associations for increased State funding to Local Government for public libraries by:

 

a        Making representation to the local State Member, the Hon. Andrew Stoner MP, in relation to the need for additional funding from the NSW State Government for the provision of public library services

 

b        Writing to the Hon. George Souris, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries

 

c        Approving the distribution of NSW Public Library Associations campaign information in Nambucca Shire Council Libraries.

 

 

 

ITEM 9.11    SF446                100414      Short-term allocation of funding for Valla Beach Tennis Club

203/14 RESOLVED:        (Morrison/Smyth)

 

That Council vote to allocate the money from the General Fund.  That the project be added to the Community Facilities and Public Open Space Contributions Plan work schedule when it is completed in July 2014.

 

 

 

ITEM 9.12    SF1148              100414      Council Ranger's Report February 2014

204/14 RESOLVED:        (MacDonald/South)

 

That the report from Council Ranger for February 2014 be received and noted by Council.

 

 

 

 

ITEM 9.13    SF1148              100414      Council Ranger's Report March 2014

205/14 RESOLVED:        (Smyth/Flack)

 

That the report from Council Ranger for March 2014 be received and noted by Council.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                100414      Schedule of Council Public Meetings

206/14 RESOLVED:        (Ainsworth/Flack)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 


 

ITEM 10.2    SF308                100414      Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 23 October 2013 - Minutes

207/14 RESOLVED:        (Smyth/Ainsworth)

 

That Council endorse the minutes of the Committee of Management of the Donnelly-Welsh Playing Fields Annual General Meeting which was held on 23 October 2013 and that Council thank the outgoing Committee for their work in 2013/2014.

 

 

 

ITEM 10.3    SF1031              100414      Adoption of Draft Policy - Rates Hardship

208/14 RESOLVED:        (Ainsworth/MacDonald)

 

That the Adoption of Draft Policy – Rates Hardships be deferred.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF992                100414      Nambucca Emergency Operations Centre Committee - Minutes - 25 February 2014

209/14 RESOLVED:        (Ainsworth/Morrison)

 

1        That Council receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 25 February 2014.

 

2        That the Asset Management Plan (AMP) presented at the meeting on the 25 February 2014 be received and noted and the following items removed from the plan having now been completed or no further action required:

 

·      Item 12  Helipad

·      Item 15  Dishwasher

·      Item 26  Windsock

·      Item 23  Locking issue with the training room door

·      Item 30  MOU for the training room

 

3        That Council include an amount of $40,000 in the 2014/2015 budget for consideration of the asphalting of the car park in accordance with the Asset Management Plan.

 

4        That Council acknowledge that the asphalting of the car park is a large expense competing against other infrastructure projects and in the event that the project does not receive the full funding amount of $40,000 in the 2014/15 budget that Council create a reserve towards the long term funding of the project and allocate an amount of $10,000 annually into a reserve over a four year period to fund the project.

 

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.2    SF90                  100414      Nambucca Shire Traffic Committee Meeting Minutes - 1 April 2014

210/14 RESOLVED:        (Ainsworth/Flack)

 

That Council endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2014 and defer the other matters (items 1 to 6) to the next Council meeting.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.05 pm. 

 

Confirmed and signed by the Mayor on 24 April 2014.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                    24 April 2014

Notice of Motion

ITEM 5.1      SF1933            240414         Notice of Motion - Request for Leave - Cr Anne Smyth - 25 April to 14 May 2014 (SF1228)

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave from 25 April to 14 May 2014 inclusive.

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 25 April to 14 May 2014 inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.       


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager

ITEM 9.1      SF959              240414         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.

 

 

 

 

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.

Part funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.  A grant has been applied for, if unsuccessful will not proceed until next year.

Grant funding application was successful and Council resolved at the 28 November 2013 meeting to accept the grant.  Project will commence in 2014.

 

Update as at 16 April – the consultant brief for the project is with the OEH for their approval.  The OEH are providing contributory grant funding towards the project.

 

 

JULY 2011

 

2

SF1031

21/7/11

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 which are presently on exhibition, will report to Committee then Council once adopted then proceed with amending the climate change policy and report to Council.

Funding has now been received for the Flood Risk Management Plans.

 

Work to commence in 2014.

 

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 

 

OCTOBER 2011

3

SF1460

17/11/11

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.

 

AGMCS

Change in Rates staff meant that there has not been the opportunity to review the criteria.  To be reported in 2013/2014.

 

Shall be reviewed as part of the 2014-15 budget.

 

To be included in with proposed rates workshop – April 2014.

 

Deferred to May 2014.

JULY 2013

4

RF275

25/7/13

Council request that RMS consider providing Natural Disaster Funding for the provision of a bicycle/walking/horse riding trail in lieu of reinstating the Bowraville to Bellingen Road.

 

GM

Letter sent 1 August 2013.

Follow up letter sent 8 November 2013

 

Recent (January 2014) advice received from National Parks supporting provision of restricted 4 wheel drive access for National Parks and emergency vehicles.  National Parks also looking for rehabilitation of eroding slopes.  RMS advised that Council supports the submission from National Parks.

 

AUGUST 2013

5

SF1031

14/08/13

That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.

 

 

AGMES

Report in September 2013.

Deferred to October 2013.

At the request of Cr Morrison this item has been deferred to the first meeting in November 2013.

Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.

Staff on leave during December – deferred until February 2014.

 

Deferred until April – Staff dealing with landslips.

Deferred until May 2014

SEPTEMBER 2013

6

SF1817

26/09/13

Council write to the NSW Small Business Commissioner and ask her if Council can be included in the forthcoming Pilot Program to encourage Councils to support small business.

 

GM

The Manager Business Development has contacted the Department of Small Business and registered to be involved in this program.  He has also registered Council as a member of the NSW Business Chamber so as to be eligible to participate in this program.  Council will be contacted early in 2014 regarding its participation in the program.

MBD to follow up on return from leave.

 

Small Bis workshop being held in Bowraville on Thursday 17 April 2014.  The worshop was advertised in the local media.

 

OCTOBER 2013

7

SF1496

31/10/13

That Council note that the Nambucca River, Creeks, Estuary & Coastline Management Committee supports Council in any initiative to close our rivers to commercial fishing or reduce the impact of commercial fishing on our rivers and encourage Council to become fish friendly Council with the aim of protecting fish habitat and encourage sustainable fishing.  That in this respect, Council request the Dept. of Fisheries to write to those people and organisations where it is considered that this motion may have either a positive or negative effect on their business or the Shire if the river was closed and to ask these organisations and people their opinion eg those with fish licences, fish shops and other organisations that provide tourist facilities like caravan parks and our local tourist committee and associations.

GM

Strategic Planner

Grant Nelson wrote to Fisheries on 6/11/13 (28076/2013), no response to date.

 

Follow-up letter sent 7 February 2014

 

Arrangements being made for Fisheries to address Council in April 2014 in relation to both fish habitat and the impacts of commercial fishing.

 

Arrangements being made with Fisheries to attend meeting in May 2014.

NOVEMBER 2013

8

SF1817

13/11/13

RMS be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at Partridge/Cooper Street intersection or Boundary Street/Highway intersection.  Also RMS be requested to make the left lane at the Cooper/Partridge Street lights southbound a left turning lane only.

 

AGMES

Letter sent to RMS 15 November 2013.

 

Acknowledgement letter received from RMS advising the matter has been referred for investigation, (copy of RMS letter provide to Councillors on 17/12/13.)

 

Raised at the Traffic Committee on 4/2/14.  RMS advised that the matter is being investigated.

 

 

9

SF600

13/11/13

That a further report come to Council on the estimated cost of the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant and the recommended terms of any agreement with Mr Gordon.

 

GM

Awaiting lodgement of EIS.

10

SF 825

13/11/13

There be an annual report on the disposal of Council owned surplus materials and small equipment; the items disposed of; how they were disposed of; and the prices received.

 

AGMES

Report to July 2014 Council meeting.

11

SF642

28/11/13

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

 

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

DECEMBER 2013

12

SF1830

11/12/13

Council consider options for upgrading its Pound when it considers its draft budget

 

GM

Report February/March 2014

Deferred to April 2014

 

Proposed upgrade to be considered in Draft Budget for 2014/15.

.

13

SF1830

11/12/13

That grants be sought to assist with the Pound upgrade costs.

 

GM

Report February/March 2014

DLG have announced a grant scheme arising out of the Companion Animals Taskforce.  Will need to await the formal release of the funding guidelines and criteria.

 

Grant officer has made enquiries about Grant Scheme

 

15

SF1830

11/12/13

Council contact local media outlets to establish whether as a community service they would be prepared to promote Council’s initiative to save animals from euthanasia and that a media release be issued once the web based animal re-homing scheme is operating.

 

GM

MDE

Implementation January 2014.

 

Update as at 6 February 2014 – as per comment on preceding item.

 

Email sent to local media week ending 18 April 2014.

16

SF1915

11/12/13

Council note that before a determination as to whether the pool inspection program be shortened, a compilation of the pools is required through investigation of aerial photographs and the current pool register and that a further report be provided to Council once staff have completed this investigation.

 

GM

MBD

April 2014

 

Deferred until May 2014.

17

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

 

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

18

SF1856

11/12/13

Council invite Mr Kent Lee (LLS Chair) to make a presentation on the Local Land Services

 

GM

Invitation issued 10 January 2014.

Follow up letter sent 20 February 2014

19

SF6515

11/12/13

(Macksville Industrial Estate Channel Remediation Works) That Council seek legal advice as to the ownership of the lot containing the drainage channel in the event that Eureka 2 Project 6 Pty Ltd becoming insolvent and the responsibility of liability to rectify the channel.  That following legal advice, Council receive another report to determine whether Council should issue a Notice of Intent to issue an order for the remediation of the drainage channel which shall include the terms of the proposed order to be issued to Eureka 2 Project 6 Pty Ltd a) to provide a firm timeline for the remediation of the blocked & unstable drainage channel b) carry out initial works to improve the integrity & capacity of the existing blocked drain c) carry our works that will provide for a permanent solution to unstable drainage walls and floor to the satisfaction of Council.

 

AGMES

Report in February 2014

 

Has not been actioned as yet - Council advised that the company has already been placed into liquidation. Brief being redrafted for the legal advice and report to April Council meeting.

 

Brief forwarded for legal advice, report deferred until May pending receipt of the legal advice.

JANUARY 2014

20

SF1933

16/01/14

DA 2013/170 (Boundary adjustment, shed, depot at Valla) be called in for determination by Council and there be a site inspection.

 

GM

Additional information in relation to the proposed crushing and processing of material is to be submitted by a planning consultant.  At this stage it is unknown when the application will be referred to Council for determination.

21

SF1855

16/01/14

Council resolve to progress to detail plans for River Street – Macksville Streetscape Improvement

 

GM

The consultant is to be engaged in February 2014 to prepare the plans.  The matter was presented to the Local Traffic Committee on 5 February 2014.

22

DA2012/069

16/01/14

Council seek a delegation with the Hon. Andrew Stoner regarding a reduced speed zone on the Pacific Highway at the Upper Warrell Creek Road intersection.

 

AGMES

Delegation has not been organised as yet.  RMS has provided verbal information that the speed zone will be reduced. Council waiting for formal confirmation.  If the letter is not forthcoming, the delegation will be organised.

 

RMS have advised this matter is being reviewed at their head office in Sydney and Council will be advised accordingly.

 

23

SF1947

16/01/14

Investigate the possibility of reporting DA’s lodged in the previous month.

 

GM

Report in March 2014.

Deferred to April 2014.

Deferred to after replacement of Manager IT.

24

SF1031

30/01/14

Review Code of Meeting Practice to provide greater clarification of the term “due notice” in relation to business transacted at Council meetings; the conduct of public forums and any other matters that need updating or review.

 

GM

Report April 2014

25

SF1933

30/01/14

Council receive a report on possible ways to remedy time wasting associated with the approval of minor donations.

 

GM

Advice sought from DLG.

 

Report March 2014

Still awaiting advice from DLG, deferred to April 2014

 

Still no advice further deferred.

26

SF1031

30/01/14

A further report on the draft Rates Hardship Policy be considered by Council on 13 March 2014 (following the close of the submission period).

 

AGMCS

Submissions close on 23 March.

Report 10 April 2014

FEBRUARY 2014

27

SF1933

13/02/14

Council erect flood height indicators at the causeway located 100m before 71 Sundowner Road.  Council receive a brief report on the merit or otherwise of naming the causeway.

 

AGMES

Report on the naming of causeway/floodway to April 2014. Instructions have been issued to install flood height.

 

Report to 24 April 2014.

28

SF1933

13/02/14

Council consider a budget allocation of $10,000 for the purpose of recognising and/or supporting existing businesses within the Nambucca Valley ….

 

GM

Report May 2014

29

SF734

13/02/14

Council defer the request from the Leckie’s to acquire a small section of Gordon Park and request representatives of Crown Lands come to Council to explain the proposal and its implications.

 

GM

Letter to Crown Lands’ representatives requesting their attendance at a Council meeting sent on 11/02/14.  Email acknowledgement received the same day.

 

Follow-up letter sent weekending 18 April 2014.

30

SF1755

13/02/14

Council receive a brief report from the AGMCS indicating the progress in his section, strengths and weaknesses and future direction.

 

AGMCS

Report to March 2014.

 

Deferred to April 2014.

 

Deferred to May 2014.

31

SF844

27/02/14

That Council prepare a Dam Filling Options report as required by the Office of Water and undertake consultation with Fisheries, EPA and downstream landholders.

 

AGMES

Report July 2014

32

DA2011/071

27/02/14

Council investigate whether NVC meets the requirements of the LG Act for a consideration in the reduction in (footpath occupation) fees …

 

AGMES

Report to April

 

 


 

MARCH 2014

33

PRF28

13/03/14

Council receive a report on the cost of installing interpretive signage in relation to flying fox habitat with appropriate warnings etc.

 

GM

Report April 2014.

34

SF125

SF1933

27/3/14

Report on staff training outlining what staff training requirements are, compared to training offered; perceived benefit/value/effectiveness of training

 

GM

MHR

Report in May 2014

35

SF706

SF1933

27/3/14

Convene community forum to develop strategies to reduce crime and consider impact of closure of Macksville Court House

 

Identify interested community groups

 

Council liaise with Bellingen council on potential closure of both Macksville and Bellingen Court Houses

 

GM

Report May 2014 – following public meeting on 13 April 2014.

 

 

36

SF86

SF1933

27/3/14

Council receive a report on the request from VRA to reallocate one or both returned SES 4WD vehicles to the VRA

 

AGMES

April Meeting

Report to April 24 Meeting

37

SF841

SF1933

27/3/14

Council make further representations re the option of bridging the NV floodplain in preference to a filled embankment and culverts.

 

Council make representations to the Minister re concerns regarding impact of construction phase – cut and fill and length of construction period and long term maint-enance costs and impact of addition flooding issue.

 

 

AGMES

Letter drafted 3 April 2014

38

SF1431

27/3/14

Council require that within 8 weeks Groundwork Plus provide Council and the EPA with a complete and current QEMP

 

GM

Letter sent 8 April 2014

39

SF1930

27/3/14

Council advertise a change in fees & charges to sell dogs from the pound

 

MDE

New price being advertised.

40

SF1541

27/3/14

Commercially zoned land, Macksville – Council receive a further report for endorsement of a planning proposal once the matter has been further investigated.

 

GM

Report June 2014

41

SF732

27/3/14

Council receive a report on what it needs to make an application for funding under the NSW Gov Sust Dredging Strategy to develop a strategy and the costs involved.

 

GM

Report June 2014

42

SF251

27/3/14

Council workshop the Donations Program prior to the commencement of the next Council Meeting

 

AGMCS

Tentatively arranged workshop but awaiting Councillors’ responses (only one response received as at 2/4/14)

43

SF1621

27/3/14

Comments to MWS by 1/4/14 re adoption of T of R for the Off River Storage Monitoring Committee

 

The adoption of the Adaptive Management Strategy be conserved by the River Monitoring Committee.

 

AGMES

Memo being drafted to Councillors

 

Report to April 24 meeting following the receipt of comments from Councillors.

44

PRF54

10/4/14

Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior to the peak season

GM

Report December 2014

45

PRF54

10/4/14

Council undertake an inspection of the Gumma Reserve after the grant funds for its upgrade have been expended.

GM

To be scheduled – second half of 2014

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.2      SF1031            240414         Change to Code of Meeting Practice

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is short.  A summary is not required.

 

 

Recommendation:

 

That Council adopt the changes to its Code of Meeting Practice as shown in the attached draft code of meeting practice.

 

 

OPTIONS:

 

Council has already resolved to change its meeting dates to the last Thursday of the month and the Thursday two weeks before that.  The other suggested changes identified by Councillors are options for consideration by Council.

 

DISCUSSION:

 

At Council’s meeting on 30 January 2014 it was resolved as follows:

 

“That Council review its Code of Meeting Practice to provide greater clarification of the term “due notice” in relation to business transacted at Council meetings; the conduct of Public Forums and any other matters that need updating or review.”

 

“Those Councillors who have items they wish to be considered in relation to the Code of Meeting Practice bring their comments or suggestions to the General Manager by close of business on Friday 28 February 2014”.

 

By way of context, Council at its meeting on 16 January 2014 received a delegation from Mr Robert Baker, a resident of Hyland Park, in relation to a proposal by Essential Energy to provide a new (additional) overhead power line connection to Hyland Park.  Mr Baker lodged a request to address Council by way of public access and was added to the late meeting agenda.

 

Following Mr Baker’s address Council resolved as follows:

 

“That whilst Council supports the improvement of the reliability of the power supply to Hyland Park that Council write to Essential Energy and the Hon Andrew Stoner MP advising of its support for the undergrounding of the power line and further that there be a timely and thorough consultation in any future proposals.  The letter to the Hon Andrew Stoner MP is to be copied to Mr Baker.”

 

At Council’s meeting on 16 October 2013 it was resolved to advertise a change to the Code of Meeting Practice to provide for two Council meetings per month being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting.

 

Section 363 of the NSW Local Government Act 1993 provides that any amendment to the Code of Meeting Practice must be advertised and provide for a 42 day period for public comment.

 

The proposed change to the Code of Meeting Practice was advertised in the Guardian News on 19 December 2013 with submissions closing on 14 February 2014.

 

Besides incorporating the new meeting arrangements, the opportunity was taken to update the Code by removing out of date references (for example references to the General Purpose Committee) and incorporating other minor changes as shown in the attached document.

 

Some changes to formatting are still required, for example there is inconsistency in identing and font sizes.  This will be attended to before the document in finalised.

 

CONSULTATION:

 

The proposed changes to the Code of Meeting Practice have been advertised for public comment for 42 days with no submissions being received.

 

Cr Morrison has provided the following proposed addition to the Code of Meeting Practice which is in italics:

 

“That in any late notices of motion and any motions proposed at the end of a “Public Forum”, that Councillors be asked whether they consider that due notice has been given taking into account whether input is also required from council staff.  If there is any opposition by Councillors, then the motion proposed be deferred to the following meeting providing the objection is not frivolous or vexatious.”

 

Comment:  The Meetings Practice Note issued by the Division of Local Government states that providing some form of public participation in council meetings is good practice.  The Practice Note states that;

 

“Each council can decide whether its Meeting Code should provide for public participation and how that is to occur.  This would include how and when any questions are to be tabled and discussed at the council meetings.  It would also include deciding if and when members of the public are allowed to speak, and any limitation on the number of speakers or time for speeches.

 

Some councils have a set period during the meeting for members of the public to speak on any matter; others allow the opportunity to speak as the various items of business are debated.  There is no single correct procedure and members of the public should be guided by the advice of the council…”

 

It is considered that Council’s existing arrangements are good practice and that the public forum section, particularly as it has operated with the “away” Council meetings, has been well received by the community.

 

Councillors already have absolute discretion as to how they respond to an address in the public forum.  In the past the Council has simply noted the address; has called for a report from Council staff; and in some instances has resolved to take other action.  It is questioned whether this discretion should be fettered.  The suggested addition to the Code of Meeting Practice would mean that if any Councillor was opposed to taking action in response to an address in the public forum that the matter would be automatically deferred to the following meeting regardless of the outcome of any debate to test the merits of the motion.  Whilst such a proposition is questioned, it is a matter for the Council to determine.

 

Cr Flack has provided the following comments which are in italics:

 

·      “Page numbers and titles of sections in bold would make for easier navigation.”

 

Comment:  Agreed and amended.

 

·   “Clause 18(4) states “despite clause 23” but clause 23 doesn’t seem to relate to the subject of sub-clause 4.”

 

Comment:  Council’s Code of Meeting Practice is based on the Local Government (Meetings) Regulation 1999 which was repealed on 31 August 2005 and replaced by the Local Government (General) Regulation 2005.  Whilst the substantive provisions did not change, the reference numbers to clauses in the now repealed Regulations are wrong.  The repealed regulation contained the same clause as Council’s Code of Meeting Practice and made reference to Clause 23 in the repealed regulation which provided as follows:

23 Limitation as to number of speeches

(1) A councillor who, during a debate at a meeting of a council, moves an original motion has the right of general reply to all observations that are made by another councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment … etc

 

The old Clause 23 is now Clause 29 in Council’s Code of Meeting Practice.  The reference number has been amended.

 

·   Need a clause relating to the adoption of minutes ie that this is for correction of minutes only and matters contained therein, business arising or questions arising are not to be discussed during the adoption of minutes (as no due notice has been given) but rather if necessary, to be dealt with at a subsequent meeting via notice of motion or question with notice.  There could possibly be a further clause related to the first clause that an urgent matter relating to or arising from an item in the minutes being adopted could be discussed by resolution of Council, but this would have to be tightly worded IF such a clause was to be included.”

 

Comment:  It is agreed that the agenda item for “Confirmation of Minutes” is just that.  It is not an occasion to re-debate, discuss or question an item.  Because the purpose of the agenda item is self-evident, it is not considered an additional clause is necessary.  As suggested, merely introducing such a clause/s may invite breaches eg, defining what is urgent or trying to define whether a question relates to the minutes or the substance of the debate.  However this is a matter for the Council.

 

·   Need a clause that spells out that once a motion is moved and seconded and the chairperson for discussion that councillors intending to speak are to raise their hand and that NO councillor is allowed to commence speaking without the concurrence of the chairperson (unless calling a point of order).

 

Comment:  The Code of Meeting Practice already provides that the Chairperson has precedence at a Council meeting and that every Councillor present must be silent to enable the Chairperson to be heard without interruption.  With this provision already in place it is queried whether an additional provision is required which in some respects seeks to circumscribe the authority of the Chairperson set out in Clause 14.

 

Cr Smyth has provided the following comments which are in italics:

 

Frequency of Council Meetings

5.  Reference to General Purpose Committee should be deleted and days of meetings changed to reflect current practice

 

Comment:  Agreed

 

Notice of Meetings

7.  (4), (5)  Need to be changed to reflect current practice for distribution of business papers

 

Comment:  Agreed

 

7. (6), (7) Should be deleted as there is no longer a General Purpose Committee Meeting

 

Comment:  Agreed

 

Notices of Motion – Minimum Notice Required

19 (1)  Needs to be changed to reflect current practice

 

Comment:  Agreed

 

Use of Mobile Phones

70.  Wondering if this could be changed so that people are permitted to have mobile phones switched to “mute” rather than switched off.  Perhaps the Chairperson, at the beginning of each meeting, could remind Councillors/Staff/Members of this public that this needs to be done.

 

Comment:  Agree with the comment on switching to “mute/silent”.  A reminder is a matter for the Chair.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identified risks.

 

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

 

The change to the electronic business paper and the standardising of meeting dates are all productivity improvements.

 

Attachments:

1

279/2014 - Draft Code of Meeting Practice

 

2

5835/2014 - Cr Morrison - comments on Code of Meeting Practice

 

3

5837/2014 - Cr Flack - comments on Code of Meeting Practice

 

4

5838/2014 - Cr Smyth - comments on Code of Meeting Practice

 

  


Ordinary Council Meeting - 24 April 2014

Change to Code of Meeting Practice

 

 

 

 

 

 

 

Nambucca Shire Council

 

 

 

 

 

DRAFT CODE OF MEETING PRACTICE

 

 

 

PROPOSED ADDITIONS SHOWN WITH UNDERLINE

 

PROPOSED DELETIONS SHOWN WITH STRIKETHROUGH

 

 

 

 

 

Description: nambucca valley nsc

 

 

Author: Michael Coulter, General Manager

Adopted by Council 7 June 2007

          Amendment 16 April 2009 (9563/2009) (Resolution 1141/2009)

          Amendment 21 February 2008 (69.3) (SF217—2614/2008)

          Amendment 4 October 2007 (7.7)

          Amendment 6 September 2007 (7.6)

          Amendment 19 November 2009 Council meeting

          Amendment 18 October 2013 Council meeting

          Amendment 24 April 2014 Council meeting


Table of Contents

 

 

PART 1 - PRELIMINARY

1.          Citation

2.          Commencement Last Amendment

3.          Definitions

4.          Notes in the text

PART 2 - CONVENING OF, AN ATTENDANCE AT, COUNCIL MEETINGS

5.          Frequency of Council Meetings

6.          Calling of Extraordinary Meeting on request by Councillors

7.          Notice of Meetings

8.          Public Notice of Meetings

9.          Quorum for a Meeting

10.        Absence of a Quorum

11.        Presence at Council Meetings

PART 3 – PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

12.        Mayor to preside at Council Meetings

13.        Councillor to be elected to preside at certain Meetings

14.        Chairperson to have precedence

15.        Chairperson’s duty with respect to Motions

16.        Order of Business

17.        Agenda and Business Papers for Council Meetings

18.        Giving Notice of Business

19.        Notices of Motion – Minimum Notice Required

20.        Confidentiality

21.        Agenda Paper for Extraordinary Meetings

22.        Official Mayoral Minutes

23.        Report of a Department of Local Government Representative to be tabled at Council Meeting

24.        Notice of Motion – Absence of Mover

25.        Motion to be seconded

26.        How subsequent amendments may be moved

27.        Motion of Dissent

28.        Questions may be put to Councillors and Council employees

29.        Limitation as to number of speeches

30.        Voting entitlements of Councillors

31.        Voting at Council Meetings

32.        What Constitutes a Decision of the Council

33.        Rescinding or altering resolutions

34.        Certain Circumstances do not invalidate Council Decisions

35.        Representations by Members of the Public – closure of part of Meeting

36.        Resolutions passed at Closed Meeting to be made Public

37.        Matters to be included in Minutes of Council Meetings

PART 4 – KEEPING ORDER AT MEETINGS

38.        Questions of Order

39.        Acts of Disorder

40.        How disorder at a meeting may be dealt with

41.        Power to remove persons from a meeting after expulsion

PART 5 – COUNCIL COMMITTEES

42.        Committee of Council

43.        Who is entitled to attend Meetings?

44.        Which parts of a meeting can be closed to the Public?

45.        Further limitations relating to closure of parts of meeting to public

46.        Notice of likelihood of closure not required in urgent cases

47.        Grounds for closing part of meeting to be specified

48.        Committee of the Whole

49.        Council may appoint Committees

50.        Functions of Committees

51.        Committees consisting of full Council

52.        Notice of committee meetings to be given

53.        Non-Members entitled to attend Committee Meetings

54.        Representations by members of the public – Closure of part of the Meeting

55.        Procedure in Committee

56.        Committees to keep minutes

57.        Chairperson and Deputy Chairperson of Committees

58.        Absence from Committee Meetings

59.        Reports of Committees

60.        Disorder in Committee Meetings

61.        Certain persons may be expelled from Council Committee meetings

PART 6 - MISCELLANEOUS

62.        Disclosure and Presence in Meetings

63.        Disclosure and misuse of information prescribed circumstances

64.        Minutes

65.        Attendance of General Manager at meetings

66.        Inspection of the Minutes of Council or Committee meeting

67.        Tape recording of meeting of Council or Committee

68.        Public Addresses – Council and Committee Meetings

69.        Questions with Notice

70.        Use of Mobile Phones

71.        Council Seal


 

 

 

PART 1 – PRELIMINARY

 

Citation

1.       This Code may be cited as the Nambucca Shire Council Code of Meeting Practice.

 

Commencement Last Amendment

2.       This code commences on 7 June 2007. was last amended by Council on 10 April 2014

 

Definitions

3.       In this code:

 

          Amendment; in relation to an original motion, means a motion moving an amendment to that motion;

 

          Chairperson:

            (a)   in relation to a meeting of the Council – means the person presiding at the meeting as provided by section 369 of the Act; and

            (b)   in relation to a meeting of a committee of the Council – means the person presiding at the meeting as provided by clause 40 267 of the Regulation;

 

Committee, in relation to the Council, means a committee appointed or elected by the Council in accordance with clause 33 260 of the Regulation or the Council when it has resolved into a committee of the whole;

 

Councillor, is an elected member of the Council;

 

Record, means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a committee of the Council;

 

the Act, means the Local Government Act 1993.

 

Notes in the text

4.       Notes in the text of this code are explanatory notes only and are provided to assist the understanding of this document.


 

 

PART 2 – CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS

 

Frequency of Council Meetings

5.       The Council will meet twice per month being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting. on the first and third Thursday of each month for the purpose of holding its Ordinary meetings.  A General Purpose Committee (formerly known as: Works Inspection Committee) meeting is held on the Wednesday preceding the third Thursday of each month.

 

Calling of Extraordinary Meeting on request by Councillors

6.       If the Mayor receives a request in writing signed by at least two Councillors, the Mayor must call an extraordinary meeting of the Council to be held as soon as practicable but in any event within 21 days after receipt of the request.

 

Notice of Meetings

7.       (1)      The General Manager of the Council must send to each Councillor, at least three days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting.

 

(2)      Notice of less than three days may be given of an extraordinary meeting called in an emergency.

 

(3)      A notice under this section and the agenda for, and the business papers relating to, the meeting may be given to a Councillor in electronic form but only if all Councillors have facilities to access the notice, agenda and business papers in that form.

 

(4)      All Council business papers are to be delivered to Councillors at least five clear days before any Council meeting except where, in the opinion of the Mayor General Manager, an agenda item is of an extremely urgent nature.  For Ordinary Meetings the business paper will be posted electronically delivered to Councillors on the Thursday preceding the Council meeting. for the first meeting of the month and on the Wednesday in the week preceding the second meeting of the month. (Local Policy)

 

(5)      The business paper is to be posted on Council’s web site on the Friday afternoon preceding the first Council meeting. of the month and on the Wednesday, the week preceding the Council meeting for the second meeting of the month. (Local Policy)

 

(6)      The process for distributing the General Purpose Committee (formerly known as: Works Inspection Committee) business paper will be as for the Council business paper for the second meeting of the month ie the business paper for both Council’s Ordinary Meeting and the General Purpose Committee meeting will be posted to Councillors on the Wednesday the week preceding the second meeting (instead of Thursday as was the former practice).

 

(7)     No unscheduled matters will be considered or on-site inspections carried out by Councillors on General Purpose Committee Council meeting days unless by agreement of Council and that any such matters will be fully minuted. (Council meeting 4 October 2007) (Local Policy)

 

 


 

Public Notice of Meetings

8.       (1)      This clause prescribes the manner in which the requirements outlined in Section 9(1) of the Act are to be complied with.

 

(2)      A notice of a meeting of a Council or of a committee must be published in a newspaper circulating in the area before the meeting takes place.

 

(3)      The notice must specify the time and place of the meeting.

 

(4)      Notice of more than one meeting may be given in the same notice.

 

(5)      This clause does not apply to an extraordinary meeting of a Council or committee.

 

Quorum for a Meeting

9.       (1)      The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being and are not suspended from office.

 

Absence of a Quorum

10.     (Clause 6 233 Regs.)

(1)      A meeting of the Council must be adjourned if a quorum is not present:

(a)      within half an hour after the time designated for the holding of the meeting, or

(b)     at any time during the meeting.

 

(2)      In either case, the meeting must be adjourned to a time, date and place fixed:

(a)      by the Chairperson, or

(b)     in his or her absence – by the majority of the Councillors present; or

(c)      failing that, by the General Manager.

 

(3)      The General Manager must record in the Council meeting minutes, the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present.

 

Presence at Council Meetings

11.     (Clause 8 235 Regs.)

          A Councillor cannot participate in a meeting of the Council unless personally present at the meeting.


 

 

PART 3 – PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

 

Mayor to preside at Council meetings

12.     (369 Local Government Act)

(1)      The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor, presides at meetings of the Council.

 

(2)      If the Mayor and the Deputy Mayor are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of the Council.

 

Councillor to be elected to preside at certain Meetings

13.     (Clause 9 Regs.)

(1)      If no Chairperson is present at a meeting of the Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting.

 

Note:  Section 369(2) of the Act provides for a Councillor to be elected to chair a Meeting of the Council when the Mayor and Deputy Mayor are absent.

 

(2)      The election must be conducted:

(a)      by the General Manager or, in his or her absence, an employee of the Council designated by the General Manager to conduct the election; or

(b)     if neither of them is present at the meeting or there is no General Manager or designated employee, by the person who called the meeting or a person acting on his or her behalf.

 

(3)      If, at an election of a chairperson, two or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.

 

(4)      For the purposes of subclause (3), the person conducting the election must:

(a)      arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

(b)     then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

 

(5)      The candidate whose name is on the drawn slip is the candidate who is to be the chairperson.

 

Chairperson to have precedence

14.     (Clause 10 Regs.)

When the Chairperson rises during a meeting of the Council;

(a)      any Councillor then speaking or seeking to speak must, if standing, immediately resume his or her seat; and

 

(b)      every Councillor present must be silent to enable the Chairperson to be heard without interruption.

 

Chairperson’s duty with respect to Motions

15.     (Clause 11 Regs.)

(1)      It is the duty of the Chairperson at a meeting of the Council to receive and put to the meeting any lawful motion that is brought before the meeting.

 

(2)      The Chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

 

(3)      Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected.

 

Order of Business

16.     (Clause 12 Regs.)

(1)      At a meeting of the Council (other than an extraordinary meeting) or a Committee of the Council, the general order of business will be as follows:

 

  1.     Apologies

  2.     Prayer

  3.     Disclosure of Interest

  4.     Confirmation of Minutes

  5.     Mayoral Minute

  6.     Rescission Motions

  7.     Notices of Motion

  8.     Public Forum

  9.     Public Addresses on Matters listed in the Business Paper

  10.   Consideration of Officer’s Reports

  11.   Matters of an Urgent Nature

  12.   Recommendations of General Purpose Committee (previously known as Works Inspection Committee)

  13.   Motion to Close the Meeting for Confidential Items

  14.   Consideration of Public Representations

  15.   Consideration of Officer’s Reports

  16.   Motion to resume Ordinary Meeting

  17.   Adoption of Decisions in Relation to Items discussed in Closed Meeting

  18.   Requests for Leave of Absence

  19.   Close of Ordinary Meeting

 

(2)      The order of business fixed under subclause (1) may be altered if a motion to that effect is passed. Such a motion can be moved without notice.

 

(3)      Despite Clause 23 29 only the mover of a motion referred to in subclause (2) may speak to the motion before it is put.

 

(4)      The General Manager is to ensure all reports to Council provide advice in the form of a recommendation. (Local Policy)

 

Agenda and Business Papers for Council Meetings

17.     (Clause 13 Regs.)

(1)        The General Manager must ensure that the business paper for a meeting of the Council states:

(a)      all matters to be dealt with arising out of the proceedings of former meetings of the Council; and

(b)     if the Mayor is the Chairperson any matter or topic that the Chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and

(c)      subject to subclause (2), any business of which due notice has been given.

 

(2)        The General Manager must not include in the agenda for a meeting of the Council any business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful.  The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council.

 

(3)        The General Manager must cause the agenda for a meeting of the Council or a committee of the Council to be prepared as soon as practicable before the meeting.

 

(4)        The General Manager must ensure that the details of any item of business to which Section 9 (2A) of the Act applies are included in a business paper for the meeting concerned.

 

(5)        Once the business paper is published, items of business cannot be removed and instead Council must either resolve to defer that business to another meeting or not consider the matter (local policy).

 

(6)        Nothing in this clause limits the powers of the Chairperson under Clause 16.

 

Giving Notice of Business

18.     (Clause 14 Regs.)

(1)      A Council must not transact business at a meeting of the Council:

(a)      unless a Councillor has given notice of the business in writing within such time before the meeting as is fixed by the Council’s Code of Meeting Practice or as is fixed by resolution of the Council, and

(b)     unless notice of the business has been sent to the Councillors in accordance with Section 367 of the Act.

 

(2)      Subclause (1) does not apply to the consideration of business at a meeting if the business:

(a)      is already before, or directly relates to a matter that is already before, the Council, or

(b)     is the election of a Chairperson to preside at the meeting as provided by Clause 9 (1) 236(1), or

(c)      is a matter or topic put to the meeting by the Chairperson in accordance with Clause 16 243, or

(d)     is a motion for the adoption of recommendations of a committee of the Council.

 

(3)      Despite subclause (1), business may be transacted at a meeting of a Council even though due notice of the business has not been given to the Councillors.  However, this can happen only if:

(a)      a motion is passed to have the business transacted at the meeting, and

(b)     the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

Such a motion can be moved without notice.

 

(4)      Despite Clause 23 29 only the mover of a motion referred to in subclause (3) can speak to the motion before it is put.

 

Notices of Motion – Minimum Notice Required

19.     (Local Policy)

(1)      A formal Notice of Motion by a Councillor, not being the Mayor, which is to be included in a business paper, should be submitted in writing to the General Manager no later than the Wednesday of the week preceding the first Council meeting. of the month and no later than the Tuesday of the week preceding the second Council meeting of the month.

 

(2)      Staff, through the General Manager, may provide factual comment on a Councillor’s Notice of Motion, but shall not make a recommendation.

 

(3)      Presentation of the Notice of Motion shall not be delayed beyond the next Ordinary meeting of Council without the consent of the Mayor and the Councillor lodging the Notice of Motion, or the Council in a meeting.

 

(4)      The Mayor may, at the request of the Councillor giving Notice of Motion or with his/her consent, present the Notice of Motion to Council as a Mayoral minute.

 

Confidentiality

20.     Local Policy (24/5/2001)

(1)      That, at a meeting of Council or committee where it resolves to close a meeting to deal with confidential information, it does so in strict accordance with Sections 10A to 10D of the Local Government Act and the Local Government (Meetings) Regulations 1999 and Regulations.

 

(2)      That procedures to deal with confidential information be:

 

·      The agenda for a meeting of Council or committee include reference to that portion, be it the full report or part of the report or other information, to be dealt with in closed session.

 

·      A report gives sufficient information for the public to be aware of what is to be discussed in closed session and specifically refer to the reason for dealing with the matter by identifying it from Section 10(2)(a) to (g).

 

·      A motion to move to closed session to deal with the item for the specific reason from Section 10A(2) be moved.

 

·      Public participation in the debate to deal with the matter in closed session (but not on what is to be discussed in closed session) may be permitted at this stage in accordance with Clause 25 of Local Government (Meetings) Regulation 1999 the Regulations and Council’s Code of Meeting Practice.

 

·      The motion when put, if carried, requires the Chairperson inform the press and public to depart the Chamber.  If lost, the matter can rest or a motion to deal with the information in open meeting can be moved.  (A cautionary note is offered that the debate is restricted to the motion not the content of the confidential information).

 

·      In closed session the discussion and debate is only about the confidential information.

 

·      Once back in the open meeting the Chairperson make the resolution (if there is one) public as soon as practicable.  (Clause 26 of Local Government (Meetings) Regulations)

 

·      The minutes should record accurately the foregoing.

 

Agenda Paper for Extraordinary Meetings

21.     (Clause 15 Regs.)

(1)      The General Manager must ensure that the agenda for an extraordinary meeting of Council deals only with the matters stated in the notice of the meeting.

 

(2)      Despite subclause (1), business may be transacted at an extraordinary meeting of Council even though due notice of the business has not been given to the Councillors.  However, this can happen only if:

(a)      a motion is passed to have the business transacted at the meeting; and

(b)     the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of.

 

(3)      Despite Clause 23 29, only the mover of a motion referred to in subclause (2) can speak to the motion before it is put.

 

Official Mayoral Minutes

22.     (Clause 16 Regs.)

(1)      If the Mayor is the Chairperson at a meeting of the Council, the Chairperson is, by minute signed by the Chairperson, entitled to put to the meeting without notice, any matter or topic that is within the jurisdiction of the Council or of which the Council has official knowledge.

 

(2)     Such a minute, when put to the meeting, takes precedence over all business on the Council’s agenda for the meeting.  The Chairperson (but only if the Chairperson is the Mayor) may move the adoption of the minute without the motion being seconded.

 

(3)      A recommendation made in a minute of the Chairperson (being the Mayor) or in a report made by a Council employee is, so far as adopted by the Council, a resolution of the Council.

 

Report of a Department of Local Government Representative to be tabled at Council Meeting

23.     (Clause 17 Regs.)

When a report of a Department of Local Government representative has been presented to a meeting of the Council in accordance with Section 433 of the Act, the Council must ensure that the report:

(a)      is laid on the table at that meeting, and

(b)     is subsequently available for the information of Councillors at all reasonable times.

 

Notice of Motion – Absence of Mover

24.     (Clause 18 Regs.)

In the absence of a Councillor who has placed a Notice of Motion on the business paper for a meeting of the Council:

(a)      any other Councillor may move the motion at the meeting; or

(b)      the Chairperson may defer the motion until the next meeting of the Council at which the motion can be considered.

 

Motion to be seconded

25.     (Clause 19 Regs.)

A motion or an amendment cannot be debated unless or until it has been seconded.  This clause is subject to clauses 22(2) and 29(5) of this code.

 

How subsequent amendments may be moved

26.     (Clause 20 Regs.)

If an amendment has been rejected, a further amendment can be moved to the motion to which the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before the Council at any one time.

 

Motion of Dissent

27.     (Clause 21 Regs.)

(1)        A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of order.   If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.

 

(2)        If a motion of dissent is carried the Chairperson must proceed with the suspended business as though the ruling dissented from had not been given.  If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the business paper and proceed with it in due course.

 

(3)       Despite clause 23 29 of this code, only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put.  The mover of the motion does not have a right of general reply.

 

Questions may be put to Councillors and Council employees

28.     (Clause 22 Regs.)

(1)        A Councillor:

(a)      may, through the Chairperson, put a question to another Councillor; and

(b)     may, through the General Manager, put a question to a Council employee.

 

(2)       However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents.

 

(3)      The Councillor must put every such question directly, succinctly and without argument.

 

(4)        The Chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this clause.

 

Limitation as to number of speeches

29.     (Clause 23 Regs.)

(1)      A Councillor who, during a debate at a meeting of a Council, moves an original motion has the right of general reply to all observations that are made by another Councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment.

 

(2)      A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.

 

(3)      A Councillor must not, without the consent of the Council, speak more than once on a motion or an amendment, or for longer than 5 minutes at any one time.  However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than 5 minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation of misunderstanding.

 

(4)      Despite subclauses (1) and (2), a Councillor may move that a motion or an amendment be now put:

(a)      if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it, or

(b)     if at least two Councillors have spoken in favour of the motion or amendment and at least two Councillors have spoken against it.

 

(5)      The Chairperson must immediately put to the vote, without debate, a motion moved under subclause (4).  A seconder is not required for such a motion.

 

(6)      If a motion that the original motion or an amendment be now put is passed, the Chairperson must, without further debate put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply under subclause (1).

 

(7)      If a motion that the original motion or an amendment be now put is rejected, the Chairperson must allow the debate on the original motion or the amendment to be resumed.

 

Voting entitlements of Councillors

30.     (370 Local Government Act)

(1)      Each Councillor is entitled to one vote.

 

(2)      However, the person presiding at a meeting of the Council has, in the event of an equality of votes, a second or casting vote.

 

Voting at Council Meetings

31.     (Clause 24 Regs.)

(1)        A Councillor who is present at a meeting of a Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.

 

(2)        If a Councillor who has voted against a motion put at a Council meeting so requests, the General Manager must ensure that the Councillor’s dissenting vote is recorded in the Council’s minutes.

 

(3)        The decision of the Chairperson as to the result of a vote is final, unless the decision is immediately challenged and not fewer than two Councillors rise and demand a division.

 

(4)        When a division on a motion is demanded, the Chairperson must ensure that the division takes place immediately.  The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the Council’s minutes.

 

(5)        A division will occur in relation to all planning matters and tenders considered at Council meetings (local policy)

 

(6)        Voting at a Council meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices or by show of hands).  However the Council may resolve that the voting in any election by Councillors for Mayor or Deputy Mayor is to be by secret ballot.

 

What Constitutes a Decision of the Council

32.     (371 Local Government Act)

A decision supported by a majority of the votes at a meeting of the Council at which a quorum is present, is a decision of the Council.

 

Rescinding or altering resolutions

33.     (372 Local Government Act)

(1)      A resolution passed by the Council may not be altered or rescinded except by a motion to that effect of which three days notice has been duly given.

 

(2)      If notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.

 

(3)      If a motion has been negatived by the Council, a motion having the same effect must not be considered unless three days notice has been duly given.

 

(4)      A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by the Council, must be signed by three Councillors if less than three months has elapsed since the resolution was passed, or the motion was negatived, as the case may be.

 

(5)      If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within three months.  This subsection may not be evaded by substituting a motion differently worded, but in principle the same.

 

(6)     A motion to which this section applies may be moved on the report of a committee of the Council and any such report must be recorded in the minutes.

 

(7)      The provisions of this section concerning negatived motions do not apply to motions of adjournment.

 

(8)      A rescission motion will be dealt with at the following Ordinary Council meeting (local policy).

 

(9)      Following a Council meeting, where a Councillor advises the General Manager of their intention to lodge a rescission motion in relation to a particular matter, the resolution will not be acted upon until after the expiration of five (5) calendar days from the date of the meeting (local policy).

 

(10)    Following receipt of a rescission motion by the General Manager there will be no action to implement that resolution.

 

Certain Circumstances do not invalidate Council Decisions

34.     (374 Local Government Act)

Proceedings at a meeting of a Council or a Council committee are not invalidated because of:

(a)      a vacancy in a civic office, or

(b)      a failure to give notice of the meeting to any Councillor or committee member, or

(c)      a defect in the election or appointment of a Councillor or committee member, or

(d)      a failure of a Councillor or a committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a Council or committee meeting in accordance with section 451 or

(e)      a failure to comply with the code of meeting practice.

 

Representations by Members of the Public – closure of part of Meeting

35.     (Clause 25 Regs)

(1)      A representation at a Council meeting by a member of the public as to whether a part of the meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

 

2)       That period is as fixed by the Council’s Code of Meeting Practice or as fixed by resolution of the Council.  Different periods can be fixed according to the different types of matters to be discussed at closed parts of meetings.

 

Resolutions Passed at Closed Meeting to be made Public

36.     (Clause 26 Regs)

If a Council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.

 

Matters to be included in Minutes of Council Meetings

37.     (Clause 27 Regs)

The General Manager must ensure that the following matters are recorded in the Council’s minutes:

(a)      details of each motion moved at a Council meeting and of any amendments moved to it,

(b)      the names of the mover and seconder of the motion or amendment,

(c)      whether the motion or amendment is passed or lost.

 

Note:    Section 375 (1) of the Act requires a Council to ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council (other provisions of this Regulation and of the Act require particular matters to be recorded in a Council’s minutes).


 

 

PART 4 – KEEPING ORDER AT MEETINGS

Questions of Order

38.     (Clause 28 Regs.)

(1)      The Chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the Chairperson, it is necessary to do so.

 

(2)      A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the Chairperson to the matter.

 

(3)      The Chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of the Council.

 

(4)      The Chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed.

 

Acts of Disorder

39.     (Clause 29 Regs.)

(1)      A Councillor commits an act of disorder if the Councillor, at a meeting of the Council or a committee of the Council:

(a)      contravenes the Act or any regulation in force under the Act; or

(b)     assaults or threatens to assault another Councillor or person present at the meeting; or

(c)      moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council or committee, or addresses or attempts to address the Council or committee on such a motion, amendment or matter; or

(d)     insults or makes personal reflections on or imputes improper motives to any other Councillor; or

(e)      says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council or committee into contempt.

 

(2)      The Chairperson may require a Councillor:

(a)      to apologise without reservation for an act of disorder referred to in subclause (1)(a) or (b); or

(b)      to withdraw a motion or an amendment referred to in subclause (1)(c) and, where appropriate, to apologise without reservation; or

(c)      to retract and apologise without reservation for an act or disorder referred to in subclause (1)(d) or (e).

 

(3)     A Councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of a Council for having failed to comply with a requirement under subclause (2).  The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned.

 

How disorder at a meeting may be dealt with

40.       (Clause 30 Regs.)

(1)        If a disorder occurs at a meeting of the Council, the Chairperson may adjourn the meeting for a period of not more than fifteen minutes and leave the chair.  The Council, on reassembling, must, on a question put from the chair, decide without debate whether the business is to be proceeded with or not.  This subclause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of Councillors.

 

(2)        A member of the public may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of a Council for engaging in or having engaged in disorderly conduct at the meeting.

 

Power to remove persons from a meeting after expulsion

41.       (Clause 31 Regs.)

If a Councillor or a member of the public fails to leave the place where a meeting of a Council is being held:

(a)        immediately after the Council has passed a resolution expelling the Councillor or member from the meeting, or

(b)        where the Council has authorised the person presiding at the meeting to exercise the power of expulsion immediately after being directed by the person presiding to leave the meeting.

 

A police officer, or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place.

 


 

 

PART 5 – COUNCIL COMMITTEES

 

Committee of Council

42.     (373 Local Government Act)

The Council may resolve itself into a committee to consider any matter before Council.

 

Who is entitled to attend Meetings?

43.     (10 Local Government Act)

(1)      Except as provided by this Part:

(a)      everyone is entitled to attend a meeting of the Council and those of its committees of which all the members are Councillors, and

(b)     a Council must ensure that all meetings of the Council and of such committees are open to the public.

 

(2)      However, a person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council or of such a committee if expelled from the meeting;

(a)      by a resolution of the meeting, or

(b)     by the person presiding at the meeting if the Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

 

(3)      A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed by, the regulations.

 

Which parts of a meeting can be closed to the Public?

44.     (10A Local Government Act)

(1)        A Council, or a committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a)        the discussion of any of the matters listed in subclause (2), or

(b)        the receipt or discussion of any of the information so listed.

 

(2)        The matters and information are the following:

(a)        personnel matters concerning particular individuals,

(b)        the personal hardship of any resident or ratepayer,

(c)        information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business,

(d)        commercial information of a confidential nature that would, if disclosed:

(i)         prejudice the commercial position of the person who supplied it, or

(ii)         confer a commercial advantage on a competitor of the Council, or

(iii)        reveal a trade secret,

(e)        information that would, if disclosed, prejudice the maintenance of law,

(f)         matters affecting the security of the Council, Councillors, Council staff or Council property,

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.

 

(3)        A Council, or a committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

 

(4)        A Council, or a committee of a Council, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

 

Further limitations relating to closure of parts of meeting to public

45.     (10B Local Government Act)

(1)        a meeting is not to remain closed during the discussion of anything referred to in section 10A (2):

(a)        except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

(b)        if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret unless the Council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

 

(2)        A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A (2) (g) unless the advice concerns legal matters that:

(a)        are substantial issues relating to a matter in which the Council or committee is involved, and

(b)        are clearly identified in the advice, and

(c)        are fully discussed in that advice.

 

(3)        If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A (3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A (2)).

 

(4)        For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

(a)        a person may misinterpret or misunderstand the discussion, or

(b)        the discussion of the matter may:

(i)         cause embarrassment to the Council or committee concerned, or to Councillors or to employees of the Council, or

(ii)        cause a loss of confidence in the Council or committee.

 

Note.    Subsection (4) is in similar terms to section 59A (Public Interest) or the Freedom of Information Act 1989.

 

(5)        In deciding whether part of a meeting is to be closed to the public, the Council or committee concerned must have regard to any relevant guidelines issued by the Director-General.

 

Notice of likelihood of closure not required in urgent cases

46.     (10C Local Government Act)

Part of the meeting of a Council, or of a committee of the Council of which all the members are Councillors, may be closed to the public while the Council or committee considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if:

(a)        it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in section 10A (2), and

(b)        the Council or committee, after considering any representations made under section 10A (4), resolves that further discussion of the matter:

(i)         should not be deferred (because of the urgency of the matter), and

(ii)         should take place in a part of the meeting that is closed to the public.

 

Grounds for closing part of meeting to be specified

47.     (10D Local Government Act)

(1)      The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

 

(2)      The grounds must specify the following:

(a)      the relevant provisions of section 10A (2),

(b)     the matter that is to be discussed during the closed part of the meeting,

(c)      the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in a open meeting would be, on balance, contrary to the public interest.

 

Committee of the Whole

48.     (Clause 32 Regs.)

(1)        All the provisions of this code relating to meetings of Council, so far as they are applicable, extend to and govern the proceedings of the Council when in committee of the whole, except the provision limiting the number and duration of speeches.

 

(2)        The General Manager or, in the absence of the General Manager, an employee of the Council designated by the General Manager is responsible for reporting to the Council proceedings in committee of the whole.  It is not necessary to report the proceedings in full but any recommendations of the committee must be reported.

 

(3)        The Council must ensure that a report of the proceedings (including any recommendations of the committee) is recorded in the Council’s Minutes.  However the Council is not taken to have adopted the report until a motion for adoption has been made and passed.

 

Council may appoint Committees

49.       (Clause 33 Regs.)

(1)        The Council may, by resolution, establish such committees as it considers necessary.

 

(2)        A committee is to consist of the Mayor and such other Councillors as are elected by the Councillors or appointed by the Council.

 

(3)        The quorum for a meeting of a committee is to be:

(a)        such number of members as the Council decides; or

(b)        if the Council has not decided a number – a majority of the members of the committee.

 

Functions of Committees

50.       (Clause 34 Regs.)

The Council must specify the functions of each of its committees when the committee is appointed or elected, but may from time to time amend those functions.

 

Committees consisting of full Council

51.            (Local Policy)

(1)      Committees of Council which membership consists of the full Council will:

(a)        Commence as a full Council meeting.

(b)        Resolve into committee of the whole for the purpose of considering the committee’s report.

(c)        Recommend to return to full Council to adopt or reject the recommendations of the committee of the whole.

 

(2)        Committees of Council which membership does not consist of the full Council, will make recommendations or pass resolutions (pursuant to approved delegations), for either adoption or confirmation at the next meeting of Council, where practical.

 

Notice of committee meetings to be given

52.       (Clause 35 Regs.)

(1)        The General Manager of the Council must send to each Councillor, at least three days before each meeting of the committee, a notice specifying:

(a)        the time and place at which and the date on which the meeting is to be held; and

(b)        the business proposed to be transacted at the meeting.

 

(2)        However, notice of less than three days may be given of a committee meeting called in an emergency.

 

Non-Members entitled to attend Committee Meetings

53.       (Clause 36 Regs.)

(1)        A Councillor who is not a member of a committee of the Council is entitled to attend and speak at, but is not entitled to vote at, a meeting of the committee.

 

(2)        However, the Councillor is not entitled:

(a)        to give notice of business for inclusion in the agenda for the meeting, or

(b)        to move or second a motion at the meeting, or

(c)        to vote at the meeting.

 

Note:  All committees are open to the public subject to Section 10(1) of the Act.

 

Representations by members of the public – Closure of part of the Meeting

54.     (Clause 37 Regs)

(1)        A representation at a committee meeting by a member of the public as to whether a part of a meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

 

(2)        That period is as fixed by the Council’s Code of Meeting Practice or (as fixed by resolution of the Council).  Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.

 

Procedure in Committee

55.        (Clause 38 Regs.)

(1)        Subject to subclause (3), each committee of Council may regulate its own procedure.

 

(2)        Without limiting subclause (1), a committee of a Council may decide that, whenever the voting on a motion put to a meeting of the committee is equal, the Chairperson of the committee is to have a casting vote as well as an original vote.

 

(3)        Voting at a committee meeting is to be by open means (such as on the voices or by show of hands).

 

(4)        A division will occur in relation to all planning matters and tenders considered at Committee meetings (local policy)

 

 

Committees to keep minutes

56.     (Clause 39 Regs)

(1)        Each committee of a Council must ensure that full and accurate minutes of the proceedings of its meetings are kept.  In particular, a committee must ensure that the following matters are recorded in the committee’s minutes:

(a)        details of each motion moved at a meeting and of any amendments moved to it,

(b)        the names of the mover and seconder of the motion or amendment,

(c)        whether the motion or amendment is passed or lost.

 

(2)        As soon as the minutes of an earlier meeting of a committee of the Council have been confirmed at a later meeting of the committee, the person presiding at the later meeting must sign the minutes of the earlier meeting.

 

Chairperson and Deputy Chairperson of Committees

57.        (Clause 40 Regs.)

(1)        The Chairperson of each committee of the Council must be:

(a)        the Mayor, or

(b)        if the Mayor does not wish to be the Chairperson of a committee, a member of the committee elected by the Council; or

(c)        if the Council does not elect such a member, a member of the committee elected by the committee.

 

(2)        The Council may elect a member of a committee of the Council as Deputy Chairperson of the committee.  If the Council does not elect a Deputy Chairperson of such a committee, the committee may elect a Deputy Chairperson.

 

(3)        If neither the Chairperson not the Deputy Chairperson of a committee of the Council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be acting Chairperson of the committee.

 

(4)        The Chairperson is to preside at a meeting of a committee of the Council.  If the Chairperson is unable or unwilling to preside, the Deputy Chairperson (if any) is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the acting Chairperson is to preside at the meeting.

 

(Local Policy)

(5)        The Mayor is, (by virtue of holding that office, ex-officio) a member of each committee of the Council.

 

(6)        This clause shall also apply to all committees established by Council under Section 377 of the Local Government Act, 1993.

 

(7)      (a)      Councillors elected Deputy Chairpersons (Chairperson) of a Council standing committee of a department of Council shall, by virtue of that office, be a member of each “other” committee of Council through the Director of that department and,

          (b)     Clause 35 262 of the regulations shall apply to such Chairperson, for the purpose of the “other” committees, as if they were the Mayor.

 

(8)        Where Council provides delegates to outside committees, the Mayor be an alternate delegate to such committees where the particular organisation’s constitution permits.

 

Absence from Committee Meetings

58.        (Clause 41 Regs.)

(1)        A member ceases to be a member of a committee if the member (other than the Mayor):

(a)   has been absent from three consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absences; or

(b)   has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

 

(2)        Subclause (1) does not apply if all the members of the Council are members of the committee.

 

Note:    The expression “year” means the period beginning 1 July and ending the following 30 June.

 

Reports of Committees

59.        (Clause 42 Regs.)

(1)        If in a report of a committee of the Council distinct recommendations are made, the decision of the Council may be made separately on each recommendation.

 

(2)        The recommendations of a committee of the Council are, so far as adopted by the Council, resolutions of the Council.

 

(3)        If a committee of a Council passes a resolution, or makes a recommendation, during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must:

(a)        make the resolution or recommendation public as soon as practicable after the meeting or part of the meeting has ended, and

(b)        report the resolution or recommendation to the next meeting of the Council.

 

Disorder in Committee Meetings

60.        (Clause 43 Regs.)

The provision of the Act and of this Regulation relating to the maintenance of order in Council meetings apply to meetings of committees of the Council in the same way as they apply to meetings of the Council.

 

Certain persons may be expelled from Council Committee meetings

61.       (Clause 44 Regs.)

(1)        If a meeting or part of a meeting of a committee of the Council is closed to the public in accordance with Section 10A of the Act, any person who is not a Councillor may be expelled from the meeting as provided by Section 10(2) (a) or (b) of the Act.

 

                 (2)      If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the Council, committee or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.

 


 

 

PART 6 – MISCELLANEOUS

 

Disclosure and Presence in Meetings

62.     (451 Local Government Act)

(a)      (1)      A Councillor or a member of the Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

 

(2)        The Councillor or member must not be present at, or in sight of, the meeting of the Council or committee:

(a)        at any time during which the matter is being considered or discussed by the Council or committee, or

(b)        at any time during which the Council or committee is voting on any question in relation to the matter.

 

(b)      That the following criteria be used in assisting Councillors, designated persons, advisers and delegates in determining the extent of disclosure required at Council meetings.

 

(1)        The details are sufficient to enable other Councillors/Committee members and the public to appreciate in general terms the connection of the person with the matter under consideration.

 

(2)        The disclosure does not reveal sensitive information which is not relevant to the matter before Council/the committee.

 

(3)        The disclosure does not reveal information which may be unnecessarily damaging to the reputation of some person(s) with whom the person disclosing is associated.

 

(4)        The disclosure will not unnecessarily prejudice a sensitive commercial or legal situation.

 

Disclosure and misuse of information prescribed circumstances

63.     (Clause 45 Regs.)

 

For the purposes of Section 664 (1B) (c) of the Act, any disclosure made with the intention of enabling the Minister or the Director-General to properly exercise the functions conferred or imposed on them by or under the Act is a prescribed circumstance.

 

 

Minutes

64.     (375 Local Government Act)

(1)        The Council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council.

 

(2)      The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting.

 

(Local Policy and State Records Act ~)

Proceedings of all Council meetings be recorded and kept for three months.

 

Attendance of General Manager at meetings

65.     (376 Local Government Act)

(1)      The General Manager is entitled to attend, but not to vote at, a meeting of the Council or a meeting of a committee of the Council of which all the members are Councillors.

 

(2)      The General Manager is entitled to attend a meeting of any other committee of the Council and may, if a member of the committee, exercise a vote.

 

(3)      However, the General Manager may be excluded from a meeting of the Council or a committee while the Council or committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager.  Part 3 Delegation of functions.

 

Inspection of the Minutes of Council or Committee meeting

66.     (Clause 46 Regs)

(1)      An inspection of the minutes of a Council or committee of a Council is to be carried out under the supervision of the General Manager or an employee of the Council designated by the General Manager to supervise inspections of those minutes.

 

(2)      The General Manager must ensure that the minutes of the Council and any minutes of a committee of the Council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them.

 

Note:  Section 12 of the Act confers a right (restricted in the case of closed parts of meetings) to inspect the minutes of a Council or committee of a Council.

 

Tape recording of meeting of Council or Committee

67.     (Clause 47 Regs.)

(1)      A person may use a tape recorder to record the proceedings of a meeting of a Council or a committee of a Council only with the authority of the Council or committee.

 

(2)      A person may, as provided by Section 10(2)(a) or (b) of the Act, be expelled from a meeting of a Council or a committee of a Council for using or having used a tape recorder in contravention of this clause.

 

(3)      If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.

 

(4)      In this clause, tape recorder includes a video camera and any electronic device capable of recording speech and/or images, whether a magnetic tape is used to record or not.

 

 

 

Public Addresses – Council and Committee Meetings

68.     (Local Policy)

(1)      Any member of the public may address the Council or any one of its committees at the commencement of meetings on matters listed before the Council or committee subject to the following conditions:

(a)      the duration of a public address be limited to five minutes unless varied by the Mayor or Chairperson should circumstances dictate.

(b)     members of the public wishing to address the Council or a committee are to nominate no later than 2.00 pm on the afternoon of the meeting and of the issue to be addressed.

(c)        Speakers and representatives either for or against a proposal be limited to 2 speakers in favour and 2 speakers against.

(d)     Approval to late requests to address a meeting of the Council or a committee be at the discretion of the Chairperson of the meeting or the General Manger.

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

 

(2)      (a)      Any member of the public may address Council on a matter not listed before the Council.

          (b)      The General Manager will list the request and the topic it concerns in the “Public Access” section of the agenda of the following Ordinary Council meeting.

          (c)      The number of speakers in the “Public Forum” section is limited to two per Council meeting.

(d)     Speakers are not permitted to speak again at the Public Forum on that matter for a period of six months.

 

 

Questions with Notice

69.     (Local Policy)

          (1)      Questions With Notice to be put at a Council meeting must be lodged with the General Manager by the publication deadline for the business paper which is 10am on the Thursday of the week preceding the Council meeting. first monthly meeting and 10am on the Wednesday of the week preceding the second monthly meeting.

(2)     Any reports and actions arising out of Questions with Notice must be by formal resolution of the Council.

 

 

Use of Mobile Phones

70.     (Local Policy)

Any Councillor, Council employee or member of the public attending a Council meeting with a mobile phone must ensure that the device is switched off to silent/mute at all times during the meeting.

 

 

Council Seal

71.     (Clause 400 Regs & Local Policy)

The seal of a Council must be kept by the Mayor or the General Manager, as the Council determines.

 

The Seal of the Council may be fixed to a document only in the presence of:

(a)   the Mayor and the General Manager; or

(b)   at least one councillor (other than the Mayor) and the General Manager; or

(c)   the Mayor and at least one councillor; or

(d)   at least two councillors other than the Mayor.

 

The affixing of the Council Seal to a document has no effect unless the persons who were present when the Seal was affixed attest by their signatures that the Seal was affixed in their presence.

 

The Seal of the Council must not be affixed to a document unless the document relates to the business of the Council and the Council has resolved (by resolution specifically referring to the document) that the Seal be so affixed.

 

A document in the nature of a reference or certificate of service for an employee of the Council does not relate to the business of the Council.

 

 

 

vvvvvvv

 

 


Ordinary Council Meeting - 24 April 2014

Change to Code of Meeting Practice

 

From:Bob Morrison[SMTP:morrison@tpg.com.au]

To:Michael Coulter[SMTP:Michael.Coulter@nambucca.nsw.gov.au]

Cc:Mayor[SMTP:mayor@nambucca.nsw.gov.au]

Received-Date:20140201

Received-Time:6:12:11 AM

Sent-Date:20140201

Sent-Time:6:12:01 AM

Subject:Proposed Alteration to our Code of Meeting Practice

 

Michael,

 

Attached is my proposed addition to the Code of Meeting Practice.

 

 

Motion Re Due Notice

 

That in any late notices of motion and any motions proposed at the end of a "Public Forum", that Councillors be asked whether they consider that due notice has been given taking into account whether input is also required from council staff.   If there is any opposition by Councillors, then the motion proposed be deferred to the following meeting providing the objection is not frivolous or vexatious.

 

 

 

Bob Morrison

 

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Ordinary Council Meeting - 24 April 2014

Change to Code of Meeting Practice

 

From:Paula Flack[SMTP:pflack@skymesh.com.au]

To:Michael Coulter[SMTP:Michael.Coulter@nambucca.nsw.gov.au]

Received-Date:20140226

Received-Time:12:45:18 AM

Sent-Date:20140226

Sent-Time:12:45:07 AM

Subject:COMMENTS FOR MEETING COP REVIEW

 

Hi Michael

some comments to consider for the Rv.

 

 

 

Page numbers and titles of sections in bold would make for easier navigation.

 

Clause 18 (4) states 'despite clause 23' but clause 23 doesnt seem to relate to the subject of sub clause 4. 

 

Need a clause relating to the adoption of minutes ie that this is for correction of minutes only and matters contained therein, business arising or questions arising are not to be discussed during the adoption of minues (as no due notice has been given)  but rather if necessary, to be dealt with at a subsequent meeting via notice of motion or question with notice.  There could possibly be a further clause related to the first clause that an urgent matter relating to or arising from an item in the minutes being adopted could be discussed by resolution of Council, but this would have to be tightly worded IF such a clause was to be included.

Need a clause that spells out that once a motion is moved and seconded and the chairperson for discussion that councillors intending to speak are to raise their hand and that NO councillor is allowed to commence speaking without the concurrentce of the chairperson (unless calling a point of order).

 

further comments asap when I have a little more time

thanks

Paula

 

 

 

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Ordinary Council Meeting - 24 April 2014

Change to Code of Meeting Practice

 

From:Anne Smyth[SMTP:spottedgumtrees@gmail.com]

To:Michael Coulter[SMTP:Michael.Coulter@nambucca.nsw.gov.au]

Received-Date:20140301

Received-Time:4:46:01 AM

Sent-Date:20140301

Sent-Time:4:45:41 AM

Subject:CODE OF MEETING PRACTICE

 

HI MICHAEL

 

 

BELOW ARE MY COMMENTS/SUGGESTIONS IN RELATION TO CODE OF MEETING PRACTICE:

 

 

FREQUENCY OF COUNCIL MEETINGS

 

5.   REFERENCE TO GENERAL PURPOSE COMMITTEE SHOULD BE DELETED AND DAYS OF MEETINGS CHANGED TO REFLECT CURRENT PRACTICE

 

 

NOTICE OF MEETINGS

 

7.   (4), (5)    NEED TO BE CHANGED TO REFLECT CURRENT PRACTICE FOR DISTRIBUTION OF BUSINESS PAPERS

 

 

7.  (6), (7)   SHOULD BE DELETED AS THERE IS NO LONGER A GENERAL PURPOSE COMMITTEE MEETING

 

 

NOTICES OF MOTION - MINIMUM NOTICE REQUIRED

 

19.  (1)   NEEDS TO BE CHANGED TO REFLECT CURRENT PRACTICE

 

 

USE OF MOBILE PHONES

 

70.   WONDERING IF THIS COULD BE CHANGED SO THAT PEOPLE ARE PERMITTED TO HAVE MOBILE PHONES SWITCHED TO 'MUTE' RATHER THAN SWITCHED OFF.  PERHAPS THE CHAIRPERSON, AT THE BEGINNING OF EACH MEETING, COULD REMIND COUNCILLORS/STAFF/MEMBERS OF THE PUBLIC THAT THIS NEEDS TO BE DONE. 

 

 

THANKS

 

 

ANNE

 

 

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This message is intended solely for the addressee. It is confidential and may be legally privileged. Access to this message by anyone else is unauthorised. Unauthorised use is strictly prohibited and may be unlawful. If you are not the intended recipient, any disclosure, copying or distribution of the message, or any action or omission taken by you in reliance on it, except for the purpose of the delivery to the addressee, is prohibited and may be unlawful. Any confidentiality or privilege is not waived or lost because this e-mail has been sent to you by mistake. Please immediately contact the sender if this e-mail is incomplete or illegible or if you have received it in error. Thank you.

 

 

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Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.3      SF203              240414         2012-13 NSW Water Supply and Sewerage Performance Monitoring Report

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The 2012-13 NSW Water Supply and Sewerage Performance Monitoring Report has been released by the Minister for Primary Industries and Minister for Small Business, the Hon. Katrina Hodgkinson MP.

 

The Report has important comparative data on the performance of 105 local water utilities in regional NSW.

 

 

Recommendation:

 

That Council note the release of the 2012/2013 NSW Water Supply and Sewerage Performance Monitoring Report.

 

 

OPTIONS:

 

No options provided as this report is for Council’s information only

 

 

DISCUSSION:

 

This report is the definitive guide to the relative performance of local water utilities across a range of criteria including the typical residential bill, developer charges, water quality, operating costs and best practice management.

 

The General Manager has a hard copy of the report.  The report can also be found on the NSW Office of Water’s website.  The link to the Report follows:

 

http://www.water.nsw.gov.au/ArticleDocuments/36/utilities_performance_nsw_performance_monitoring_report_2012_13.pdf.aspx

 

It is not proposed to summarise the outcome for this Council for all of the criteria but to direct Council’s attention to some of the more topical.

 

With the typical residential bill ($ per assessment) for water supply, out of 93 water utilities Nambucca Shire Council is ranked no. 17 from least to most expensive.  This compares with a ranking of 19 in 2011-12.  The least expensive is Albury and the most expensive is Jerilderie.  Council’s typical residential bill for water supply is more than the Bellingen and Clarence Valley LGA’s but less than the Port Macquarie - Hastings, Coffs Harbour, Kempsey and Mid Coast Water (Greater Taree and Great Lakes) LGA’s.

 

With the typical residential bill ($ per assessment) for sewerage, out of 99 water utilities Nambucca Shire Council is ranked no. 62.  This compares with a ranking of 32 in 2011-12.  The least expensive is Balranald and the most expensive is Bega Valley.  This Council’s typical residential bill for sewerage is less than applying in other mid north coast councils being Midcoast (Greater Taree and Great Lakes), Coffs Harbour, Kempsey, Bellingen, and Port Macquarie – Hastings.

 

The Council sits at about the 50th percentile for complaints about water quality.

 

Complaints concerning odour from sewerage have declined (improved) since 2011-12 from about the 80th percentile to about the 65th percentile.

 

In terms of delivering water supply, the Nambucca Valley has one of the cheapest operating costs per property ratios in the State.  The Council’s assessed costs rank it no. 7 in NSW.

 

Conversely operating costs per property for sewer rank Council at about the 65th percentile.

 

The Council’s typical developer charges for water supply rank it as one of the most expensive Councils in the State.  Our charges are the fourth highest behind Byron, Tweed and the Yass Valley.  In terms of developer charges for sewerage, the Council ranks as being the eighth most expensive after Byron, Palerang, Bega Valley, Eurobodalla, Snowy River and Coffs Harbour and Midcoast.

 

This Council’s ranking in developer charges reflects the substantial capital investments which have and continue to be made in both water supply and sewerage.  This includes the $54m off stream water storage and the recently completed $20m upgrade of the Nambucca Heads Sewerage Treatment Plant and system.

 

Overall the results are similar to those achieved in 2011-12.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report provides data on a number of environmental indicators relating to Council’s water and sewerage operations.

 

Social

 

The report includes data on complaints.

 

Economic

 

The report indicates the relative economic impact of Council’s charges, both user and developer.

 

Risk

 

The report provides data that identifies potential environmental, social and economic risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact.  The report is for information.

 

Source of fund and any variance to working funds

 

There is no impact.  The report is for information.

 

Service level changes and resourcing/staff implications

 

There are no resourcing/staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager

ITEM 9.4      SF309              240414         Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Bowraville Folk Museum Inc. is seeking the transfer of the Bowraville Folk Museum to its ownership.

 

The Bowraville Folk Museum Inc. is an Incorporated Association with an equivalent mission to Council in terms of owning and operating the museum.

 

Council has now completed the reclassification of the property from community to operational land and agreement has been reached that in lieu of Council undertaking repairs identified in a defects report, that instead Council make a donation of $22,000 to the Incorporated Association being the estimated cost of those repairs.  The Incorporated Association would then arrange for the required repair work to be undertaken in accordance with the priority they determine.

 

It is recommended that Council proceed with the transfer of ownership in accordance with the agreed arrangements.

 

 

Recommendation:

 

1        That Council transfer ownership of the Bowraville Folk Museum to the Bowraville Folk Museum Inc. with legal agreement/s to incorporate the following:

 

·       Council to pay all the legal costs, stamp duty, GST etc associated with the transfer of ownership

·       Council to pay by way of donation annual fixed charges for water and sewerage or alternatively capitalise this by way of a “one off” donation of $5,000

· Council to pay by way of donation $22,000 (excluding GST) for building repairs

·       That Council have the first option to take the property back for its transfer price ($0) in the event that the Bowraville Folk Museum Inc. is wound up or seeks to transfer the property

 

2        That Council’s seal be affixed to the legal documents as required.

 

 

OPTIONS:

 

Council can resolve not to proceed with the transfer of the Bowraville Folk Museum or seek different conditions to those negotiated.

 

DISCUSSION:

 

The Bowraville Folk Museum is presently owned by Council but managed and operated by the Bowraville Folk Museum Inc.  The Bowraville Folk Museum is seeking a transfer of ownership from Council.

 

The matter was considered by Council on 10 July 2013 and 14 August 2013.  On 14 August 2013 it was resolved as follows:

 

“1       Subject to the reclassification of the property from community to operational land, that Council transfer the Bowraville Folk Museum to the Bowraville Folk Museum Inc. in accordance with the conditions set down by the Incorporated Association.

 

2        Following the reclassification of the property and upon confirmation from the Folk Museum of their acceptance of the transfer that Council undertake the building repairs identified in the report by Mr Owen Donnelly, Licensed Builder, with funding to be provided in the September quarter budget review.

 

3        That Council’s seal be affixed to the relevant transfer documents.

 

4        That the contract for the transfer provide that the Council have first option to take the property back for its transfer price in the event that Bowraville Folk Museum Inc. is wound up or seeks to transfer the property.

 

5        That the Bowraville Folk Museum Inc. be advised of Council’s decision.”

 

On 30 January 2014 Council considered the outcome of the planning proposal to reclassify the land from community to operational.  The reclassification is necessary to enable the land to be transferred from Council’s ownership.  The planning proposal was exhibited from 14 November 2013 to 13 December 2013.  A public hearing was held on 3 December 2013.  During the exhibition period no submissions were received and no persons attended the public hearing.  On 30 January 2014 Council resolved to proceed with the reclassification.

 

On 14 March 2014 the reclassification of the property from community to operational land was gazetted and the transfer of the land can now proceed.  This report concerns the arrangements for the transfer of the property to the Bowraville Folk Museum Inc.

 

The Incorporated Association is seeking the transfer of the museum at nil cost and subject to a number of conditions being:

 

1.       Council pays all the legal costs, stamp duty, GST etc associated with the transfer of ownership

2.       Exemption from rates

3.       Council pay by way of donation fixed charges for water and sewerage

4.       Council undertakes a dilapidation report to identify any repairs and maintenance required to the buildings and undertake any repair work as a condition of any handover of ownership

5.       Council continue in its assistance of the Museum through its Grants Officer and other programs which may run from time to time, an example being the recently concluded Museum Advisor Program in conjunction with Museums and Galleries.

 

It was previously reported that as a charity, the Incorporated Association will be exempt from the payment of rates.  The request for an on-going donation for fixed water and sewerage charges was considered reasonable and should be supported.  The water access charge is currently $109 per annum and the sewer access charge is $218, a total of $327.  It is possible that the basis of these charges could change in the future vis a vis the consumption charge.  It would be preferred that instead of having a financial agreement binding in perpetuity (with the real value increasing or decreasing), that the annual donation be instead “capitalised” via a “one off” donation of $5,000.

 

Council obtained a dilapidation (defects) report from Mr Owen Donnelly, Licensed Builder.  The report is attached.  The report identifies numerous, mainly minor defects which require repair.  Mr Donnelly’s estimate of the cost to rectify all of the defects would be in the vicinity of $22,000.

 

The Bowraville Folk Museum Inc. was provided with a copy of the defects report.  They had slightly different views as to the nominated repairs to be carried out.  They have now agreed with a suggestion that in lieu of Council undertaking the repairs, that Council make a donation of $22,000 being the estimate of the cost of the repairs.  The Museum would then undertake the repairs themselves.  It is agreed that they will likely get better value for the money than if Council was to undertake the work.  The letter from the Museum agreeing to accept a donation of $22,000 in lieu of undertaking the work is attached,.

 

The Incorporated Association believes the future of the Museum is best secured by acting independently of Council.  In this regard the Frank Partridge VC Military Museum has successfully demonstrated what can be achieved by a museum which is owned and operated by a community based organisation and where the Council has provided some technical and financial assistance through the Museum Advisor Program and also through Council’s Grants Officer.

 

The Incorporated Association has already arranged a similar insurance cover to that used by the Frank Partridge VC Military Museum.  This provides the same type of cover to that provided by Council with the exception that the property insurance will not cover the reinstatement of the building.  The nature of a museum is that its contents are the reason for its existence and it is better to invest in superior smoke and fire detection and response systems than an insurance policy for building replacement.

 

An investigation has been undertaken of what it has cost Council to own the building over recent years.

 

In 2006/2007 Council spent $22,820 installing a smoke and fire alarm system and then in 2007/2008 a further $31,437 on installing a fire sprinkler system.  More generally, over the past 5 years the costs of the building have been as follows:

 

Bowraville Folk Museum Costs

 

Year

Capital ($)

Maintenance1 ($)

Depreciation ($)

Total ($)

2008/2009

Nil

8,590

45,223

53,813

2009/2010

7,178 (shutters)

12,546

45,348

57,894

2010/2011

3,471 (toilet upgrade)

22,954

45,825

68,779

2011/2012

Nil

15,338

45,890

61,228

2012/2013

12,990 (awnings)

12,458

45,426

57,884

 

1 Since 2009/2010 the maintenance figure has included insurance costs of approximately $10,200 per annum.

 

Capital expenditure which increases the life of the building will affect the depreciation expense.

 

Following a recent valuation of the building, the derivation of the depreciation expense for future years using the component parts of the building as at 30 June 2013 and based on its fair (written down) value is shown in the following table.  The reason the total depreciation expense is less than in the table above is that the valuation of the building has changed.

 

Bowraville Folk Museum Depreciation Expense

 

Component

Replacement Cost ($)

Est. Life

Remaining Life (years)

Fair Value $

Dep’n with 10% Residual Value $

Boarding House

180,000

50

20

71,000

2,650

Church

150,000

60

10

25,000

1,000

Flat

140,000

50

10

28,000

1,400

Substructure

100,000

60

15

25,000

1,000

Superstructure

460,000

60

15

120,000

4,933

Roof

180,000

40

15

68,000

3,333

Finishes

230,000

20

10

120,000

9,700

Fittings

52,000

20

10

26,000

2,080

Services

350,000

30

15

180,000

9,666

External Services

4,100

30

15

2,100

112

Total

1,846,100

 

 

665,000

35,874

 

The Museums’ financial statements indicate the last operating result was a surplus of $5,579 and that the Committee had good cash reserves of $34,363.  They have the benefit of rental income from a flat in the building.  The current entry fees at $2.00 per adult and a $1.00 per child have potential to be increased.

 

The cash position of the Museum is such that the Incorporated Association should be able to operate the Museum and maintain the building, although in the medium to long term the capital required to renew the facility will be a financial challenge.  In this respect the problem which will be faced by the Incorporated Association will be no different to the financial challenges faced by Council.  Council can and should continue to provide assistance to the Museum where it can through Council’s Grants Officer and other programs which may provide technical or financial assistance.

 

Given the potential costs of maintaining the building it is recommended that Council proceed to transfer the property to the Incorporated Association in accordance with the agreed arrangements.

 

 

CONSULTATION:

 

There have been discussions with the President of the Committee of Management and the Bowraville Museum Inc.  The matter was discussed at the Museum’s Annual General Meeting which was attended by Cr Finlayson and myself.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Museum contains locally important cultural relics relating to mainly post European settlement.

 

There are many examples of small local museums in NSW which take pride in their ownership and control of their facility.  There is some anecdotal evidence that such museums may be more sustainable than the model of Council control due to the sense of ownership and custodial responsibility for locally important cultural artefacts.  Our Frank Partridge VC military museum has been particularly successful in its operations and has perhaps the strongest volunteer base of all of the Valley’s museums.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.  The Bowraville Folk Museum Inc. is an Incorporated Association with an equivalent mission to Council in terms of owning and operating the museum.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report details the costs of owning and maintaining the Bowraville Folk Museum.

 

It is just one small example of the reason why the Council has been provided with a weak financial sustainability rating by NSW Treasury Corporation and a negative outlook.  Whilst the depreciation cost may not reflect the cost of the capital renewal which will be required to maintain the asset, the renewal expenditure over the past 5 years has been minimal in comparison to the depreciation expense.  Council does not set aside any funded reserves to provide for this capital renewal.  One simple example is the roof which will eventually need to be replaced at an estimated cost of $180,000.

 

The transfer of the building to the incorporated association would remove the asset from Council’s balance sheet and with it the unfunded depreciation as well as maintenance expenditure.

 


Source of fund and any variance to working funds

 

The donations identified in the recommendation would need to be met from working funds.

 

Service level changes and resourcing/staff implications

 

Staff resources have been applied to the negotiations with the Bowraville Folk Museum Committee of Management and to the reclassification of the property from community to operational land.

 

Attachments:

1

16423/2013 - Bowraville Folk Museum - Defects Report 2013

 

2

9508/2014 - Request that Council provide a donation as a condition of the transfer

 

  


Ordinary Council Meeting - 24 April 2014

Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

 



Ordinary Council Meeting - 24 April 2014

Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

 


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.5      PRF28              240414         Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council sought further information on matters pertaining to the flying fox in Gordon Park, including potential signage and health risks.  Councillor Smyth and the General Manager also attended an extraordinary meeting of the Gordon Park Rainforest Committee of Management which considered the future of the Committee in the context that volunteers are, in practical terms, unable to undertake any maintenance work in the rainforest.  Both the Committee of Management as well as Council’s insurer have recommended that Council close off access to the rainforest.  Council has also received a range of advice on the management of flying fox from mid north coast councils as well as Council’s Safety and Risk Officer who has investigated disease risks and management options.

 

 

Recommendation:

 

That Council:

 

1        Close the entrances to the Gordon Park rainforest with appropriate barrier fencing or the like and appropriate signage, as recommended by the Gordon Park Rainforest Committee of Management and Council’s insurer.

 

2        Issue a media statement advising of its actions and incorporating the concerns expressed by the Committee’s Work’s Coordinator, Mr John Tait.

 

3        Provide information on its website, including links to relevant State Government webpages which explain the legal status of the flying fox and the options which are available to people affected by flying fox camps.

 

 

OPTIONS:

 

There are a range of potential options.

 

Council could undertake an attitudinal survey as described in the report.

 

Council could liaise with the OEH in relation to the preparation of a plan of management for the flying fox in Gordon Park.  This plan of management would likely consider the suggestions of Council’s Safety and Risk Officer being to seek funding to erect clear coverings over the walkways as well as investigating covering  or relocating the tennis courts.

 

 

DISCUSSION:

 

At Council’s meeting on 13 March 2014 there were a number of resolutions relating to this matter as follows:

 

RESOLVED:          (Finlayson/Ainsworth)

 

That the concerns of the surrounding residents, members of the Tennis Club, and Gordon Park Rainforest Committee be noted and that Council write to the appropriate authority pointing out the difficulties of the residents and Gordon Park Rainforest Committee and seek advice as to how those difficulties might be dealt with.

 

Resolved:          (Flack/Finlayson)

 

That Council write to the Office of Environment and Health and the Department of Health seeking information regarding health risks from flying foxes in close proximity of humans – whether there is a risk to individuals exposed to flying fox urine, faeces or saliva in fresh skin wounds acquired during voluntary work in flying fox habitat.

 

 

Resolved:          (Ainsworth/Finlayson)

 

That Council make enquiries with neighbouring councils who also have problems with flying foxes and how they are addressing the problems.

 

Resolved:          (Smyth/Flack)

 

That Council receive a report on the cost of installing interpretive signage in relation to flying fox habitat and the signage to warn visitors not to touch or pick up flying foxes on the ground including information about the species and their habitat and a WIRES contact phone number.

 

The resolutions have been actioned.  Council has not received any response to date from the Department of Health or the Office of Environment and Heritage but has received responses from a number of Mid North Councils which are attached.

 

Extraordinary Meeting of the Gordon Park Rainforest

 

On 8 April 2014, Cr Smyth and the General Manager attended an extraordinary meeting of the Gordon Park Rainforest Committee of Management.  The purpose of the meeting was for the Committee to consider whether, given the effect of the flying fox on the rainforest, they would continue as a Section 355 Committee of Council.  The Committee was concerned that given the effects of the flying fox colony they could no longer maintain the rainforest and did not wish to remain responsible for the safety risks which would arise out of a lack of maintenance.  The identified risks were fallen branches and vegetation causing a fire hazard; dead trees which might fall; litter on the boardwalk; slips on the boardwalk; and the need to periodically replaced steps and boards along the tracks and boardwalk.  The Committee’s Works Co-ordinator, Mr John Tate submitted the attached statement.

 

The Committee has put forward a number of recommendations for Council’s meeting as follows:

 

1        That a copy of John’s (Tait) statement be sent to the media, Chamber of Commerce, Service Clubs and Nambucca Valley Tourist Association – to create awareness of the situation.

 

2        That Council be asked to arrange an attitudinal survey on the flying fox association in Nambucca Heads, including questions on possible action, ranging from doing nothing to moving the flying foxes on.

 

3        That the area of the forest bounded by Wellington Drive, the Rats of Tobruk Walk, and the northern end of the tennis courts be “closed off” with explanatory signs to be installed by Council at the 5 entrances.  A media statement about this action to be released by Council, including a positive reference to the other walks and nature trails still available.

 

The minutes of the extraordinary meeting are attached.

 

In relation to the Committee’s recommendations it is agreed that a media release be issued which would include the statement by the Committee’s Work’s Coordinator, Mr John Tait.

 

An enquiry has been made with Jetty Research concerning the cost of an attitudinal survey.  The suggestion from James Parker, the firm’s principal, is that a telephone poll of the attitudes of people living close to the colony as well as those well away would identify the significance of the nuisance impacts as well as attitudes in the broader community not directly impacted.  A “ball park” figure for the cost of the survey would be $7,000 - $8,000.

 

The survey could be limited to the communities of Nambucca Heads and Bowraville where there have been issues arising out of flying fox camps.  The lead in questions to the poll would explain the ecological significance of the flying fox; the fact that some species are endangered; the risks to flying fox of moving them on; as well as the “nuisance” impacts arising from temporary and permanent camps being noise, odour, vegetation damage etc.  The poll questions could then ascertain responses to a number of management initiatives ranging from accepting the flying fox camps; to moving on small numbers of flying fox before they establish large camps in urban areas; to moving on existing, large flying fox camps.

 

The value of an attitudinal survey is limited to the extent it may better inform the State and Federal Governments about community attitudes to different management options.  Whether or not it would lead to any change in legislation is unknown.  The issues being considered in the Nambucca Valley are only a small subset of those across the North Coast of NSW and a very small subset of the east coast of Australia generally.  Based on this it is uncertain how influential the survey would be.

 

The survey would demonstrate to the community that the Council has been active in considering the problem and putting forward potential solutions.

 

From the discussion with Mr Parker and weighing up the costs and potential benefits of the attitudinal survey, whilst it is an option it is not recommended.

 

In relation to the Committee’s third motion it is agreed that without volunteer work to maintain the rainforest that it should be closed off to the general public with appropriate explanatory signage.

 

That Council make enquiries with neighbouring councils who also have problems with flying fox and how they are addressing the problems.

 

Adjoining Councils have been quite helpful in providing information about their experiences with flying fox colonies in urban areas and their management.  Attached are responses from Port Macquarie Hastings Council, Clarence Valley Council and Coffs Harbour City Council.  The management plans referred to have not been attached as they run to several hundred pages.

 

That Council receive a report on the cost of installing interpretive signage in relation to flying fox habitat and the signage to warn visitors not to touch or pick up flying foxes on the ground including information about the species and their habitat and a WIRES contact phone number.

 

Council’s Safety and Risk Officer has located a suitable template for a sign which is attached.  The cost of the sign is $124 plus installation.

 

Council’s Safety and Risk Officer has also researched information relating to health risks and has made enquiries with Council’s insurer.  He notes that other councils place information about flying foxes on their web sites with links to NSW Health.  This can be done on Council’s website. The general thrust of such information seems to support education of the public and manage people’s expectations rather than flying fox.  However the approach taken in Queensland to the management of camps seems to be more interventionist than in NSW.  Information concerning health risks and camp management is attached.

 

The advice from Council’s insurer is that the walkways in the Gordon Park rainforest should be closed due to the slippery nature. This is consistent with the recommendation of the Committee of Management.

 

Council’s Safety and Risk Officer recommends:

 

1)       Erect the warning signs at all entrances.

2)       Establish information on our website, including links to NSW Health & NPWS

3)       Erect some information signs, describing the colony, habitat, importance etc.

4)       Seek funding to erect clear coverings over the walkways.

5)       Investigate covering /relocation of tennis courts.

 

Council’s Safety and Risk Officer believes that the mosquito problem at Gordon Park presents a far greater risk to the volunteers and visitors than flying fox.  They are a major disease vector and are prevalent at all times of the day. Due to their disease potential (such as Murray Valley encephalitis, Ross River and Barmah Forest viruses) he believes that Council should be discouraging people entering the walkways at dusk/early evening.

 

 

CONSULTATION:

 

There has been consultation with the Gordon Park Rainforest Committee of Management, Council’s Safety and Risk Officer as well as other Councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The attachments contain considerable information about the ecological role of the flying fox.

 

Social

 

Council has had many submissions from residents and the Gordon Park Rainforest Committee of Management concerning the social problems arising out of flying fox camps located within or adjacent to urban areas.

 

Economic

 

The Committee of Management believe that the effective destruction of the Gordon Park rainforest will deprive Nambucca Heads of an important tourist attraction.

 

Risk

 

The potential health risks with flying fox are detailed in the attachments.  The risks to people walking in the rainforest if the boardwalks and vegetation are not maintained, is also discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council will incur minor costs in the erection of appropriate barrier fencing and in the erection of signage.

 

Source of fund and any variance to working funds

 

There will be no impact on working funds.  The required barrier fencing and signage can be met from existing budgets.

 

Service level changes and resourcing/staff implications

 

There has been some hours work by a number of staff in drafting letters, researching and reporting on the matter.


 

Attachments:

1

9891/2014 - John Tait Statement

 

2

9890/2014 - Minutes of the Extraordinary Meeting

 

3

9964/2014 - Port Macquarie Hastings Council

 

4

10111/2014 - Clarence Valley Council

 

5

9810/2014 - Coffs Harbour City Council

 

6

10121/2014 - rabies

 

7

10123/2014 - hendra

 

8

10124/2014 - Flying Fox Camp Management Guidelines

 

9

10126/2014 - flying fox roost management

 

  


Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 

Statement to Extraordinary Meeting of Gordon Park Rainforest Committee of Management 8 April 2014

 

The destruction by the flying foxes to the most popular part of the Gordon Park Rainforest during the past 5 years, but particularly during the last few months, is expanding so rapidly and seemingly so completely that I concluded on 20 March that the efforts had become futile to keep the debris minimised, the paths safe and the vegetation as appealing as possible in the circumstances. No work has been done in the forest or on the outskirts since that date.

 

My own decision to finish up work in the rainforest was not taken lightly. It has ramifications that form much of the agenda at today’s extraordinary meeting. The most momentous and heart-wrenching possibility is the loss of what has been described as a magical area and is the result of 30 years worth of volunteers’ efforts, with financial contributions from individual members of the public, and from government.

 

We’ve encountered destruction before in recent years. You will recall the 100 trees poisoned on the edge of West Ridge Street and the 27 trees chopped down in and near the palm grove. Each a blow -  but ones that we faced up to and began straight away to remedy. The philosophy has always been that the vandals will not beat us. It may be a step backward but we’ll counter with two steps forward.

 

The difference now is that we have destruction that continues day after day with no possibility of remedying while-ever the flying foxes are present. The activities of the flying foxes are killing the main trees, and falling branches and flying fox droppings are putting paid to the vegetation below. I might add that even if the flying foxes were to leave today it could take 20 years for the worst damaged part of the forest to recover - and that would be with the assistance of volunteers.

 

Based on how long it took Melbourne and Sydney Botanic Gardens to get approval to take the necessary action to move on their colonies of flying foxes, there is no reason to be optimistic that the federal and state authorities will ever sanction action in a small patch of forest in Nambucca Heads -  even supposing a majority of the townspeople were in favour, and a request put into the pipeline.

 

So we have a problem and I believe it is reality check time for all to know the facts, to face up to the situation and to take whatever action that is legally open to us and favoured by the townspeople and its representatives. In fact, I see it as a mission impossible situation in the short term but with no workers in the forest and no maintenance taking place, safety of the public and bushfire mitigation are obvious priority areas which we must discuss and take action on today.

So far as the long term is concerned, if the townspeople were concerned enough at the loss of one of its facilities, and the loss of one of the component attractions for tourists (plus the downgrading of a second component: the town’s one public tennis facility), and, should the people be concerned enough at the stench that is not confined to the forest but is reaching into the shopping precinct, (all negatives that an economically struggling town can ill afford), then I think a request to the authorities to move on the flying foxes needs to be initiated. Finding out what the stakeholders actually think, and what proportion are in favour of action, is obviously very important information needed to guide any future action, if in fact there is to be any. I ask that securing that information be included as a late agenda item.

While I have a little more that I wish to say that should emerge during the course of the meeting.

John R Tait – Works Coordinator

8 April 2014


Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 

MINUTES OF EXTRA-ORDINARY MEETING OF

THE GORDON PARK RAINFOREST COMMITTEE OF MANAGEMENT

8 April 2014

 

Meeting opened 10.05 am

 

Present: General Manager of Council Michael Coulter, Cr Anne Smyth, Edna Stride, Gwen Harden, Dot Secomb, John Tait, Penny Boyle (Proprietor of  Marcel Towers)

Apologies: Margaret Ann Wells

 

Meeting began with a statement by the Works Coordinator John Tait on the flying fox situation and the reasons for all work ceasing in the forest area where the flying fox colony exists.

 

Motion 1: That a copy of John’s statement be sent to the media, Chamber of Commerce, Service Clubs and Nambucca Valley Tourist Association – to create awareness of the situation.

 

Motion 2: That Council be asked to arrange an attitudinal survey on the flying fox association in Nambucca Heads, including questions on possible action, ranging from doing nothing to moving the flying foxes on.

 

Motion 3: That the area of the forest bounded by Wellington Drive, the Rats of Tobruk Walk, and the northern end of the tennis courts be “closed off” with explanatory signs to be installed by Council at the 5 entrances. A media statement about this action to be released by Council, including a positive reference to the other walks and nature trails still available.

 

Resumption of Work - With some positive action initiated viz a viz the flying foxes, John agreed to continue doing volunteer work other than in the area to be closed off, to encourage the resumption of work by the other volunteers, to contact the employment agencies to seek further workers stressing that the work area is outside the roosting area of the flying fox colony, and to remain on the Committee.

Fuel Reduction – Very shortly volunteer workers will drag out as many fallen bushy branches as possible from underneath the flying fox colony and stack them in a grassed area of Gordon Park ready for removal by Council. This is not for cosmetic reasons – but to limit the fuel lying around for the local firebugs and is a once off project in the area that will then no longer be worked by the volunteers.

Brochure Modification

John will investigate the cost and feasibility of a sticker to amend the rainforest  brochure. Michael Coulter suggested that Council may be able to assist with the stickers or new brochures if the current one cannot be amended satisfactorily.

Deterrents for Flying Foxes

In order to deter the flying foxes from moving across Wellington Drive into other parts of the reserve, John will investigate the success rating for chemical (eg citronella) and sound related deterrents, since their use in an area not used by the flying foxes for roosting and breeding may be legally possible.

Next meeting Wednesday 14 May at 10.00 am. Meeting closed 11.00 am

………………………………..                           ……………………

    Gwen Harden - President                                               Date


Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 



Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 

From: Rodney Wright [mailto:Rodney.Wright@clarence.nsw.gov.au]
Sent: Tuesday, 8 April 2014 11:32 AM
To: Michael Coulter
Subject: Flying Fox management

 

Hi Michael. I refer to your letter of 21st March seeking advice on Councils management of Flying Foxes. Please find attached the final management plan for the Maclean Flying Fox colony. While dispersal occurred for a number of years it came at substantial cost and ended up with a number of smaller colonies causing problems in other villages. It also drove the main colony around the school closer to residential area and colony now resides there all year round.  The new strategy moved away from dispersal  and the adopted strategy focuses on  increasing buffers around the colony with clearing of existing native vegetation. There are still a number of houses that have to put up with odour, noise, faeces drop and they are not happy with current approach. By having an adopted strategy signed off by the Federal and State agencies we have been able to get licence to undertake actions under the strategy (such as the buffer clearing) more easily than we would have been able to do without the strategy because actions not determined to meet level of significance under EPBC Act. Separate to the adopted Strategy the Maclean High school has licence for limited dispersal but conditions are so tight that they haven’t been able to invoke it to undertake dispersal to date. Having the strategy has taken heat out of the issue and reduced impact on those closest to colony but it hasn’t totally resolved problem and I doubt there is any action short of total destruction that ever will. Happy to discuss in further detail if you would like and I can be contacted on 66450265 or mobile 0417779806. Regards Rodney.

 

 

Rodney Wright

Environmental Services Coordinator

Clarence Valley Council

Locked Bag 23, GRAFTON NSW 2460

P: (02) 6645 0265

F: (02) 6642 7647

M: 0417 779 806

www.clarence.nsw.gov.au

 

Description: cid:imaged2e19d.JPG@5dca8065.408d730e

 


Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 


Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 



Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 




Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 

































Ordinary Council Meeting - 24 April 2014

Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

 





Ordinary Council Meeting                                                                                                    24 April 2014

General Manager

ITEM 9.6      DA2001/096      240414         Modification of Consent - Valla Quarry - DA 2001/096

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment         

 

Summary:

 

Extensions to Valla Quarry (Marriott’s Quarry) Valla Road Valla were approved by The Land and Environment Court on 18/11/2002 subject to numerous conditions of consent including the life of the extraction area ceasing when 950,000cubic metres (in situ) (approximately 2,090,000 cubic metres of won material) has been extracted with a conditioned extraction rate of 50,000 cubic metres (in situ) per year.

 

Council was made aware at the 28/08/2013 meeting (Item 12.1) that the Quarry had exceeded the extraction limit and advised that the Quarry operator was preparing an application for modification of the existing consent to increase the annual extraction rate to 79,500 cubic metres (in situ).

 

The application was lodged on the 27/09/2013 by the applicant Groundwork plus with legal qualification as to how the application meets the requirements of Section 96 of The Environmental Planning and Assessment Act as a modification requiring that the proposal be ‘substantially the same’.

 

The matter was notified to all properties previously notified, advertised/referred to appropriate Government Departrments and Local Aboriginal Land Council.

 

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 accept the application as a modification to the existing development and approve subject to the modified conditions shown in attachment (a), additional conditions as appear in the body of the report concerning vibration and truck movement on Valla Road/interaction with resident users

 

2        That the modification not be released until the land purchases resolving noise issues have been finalised.

 

OPTIONS:

 

i         That Council not accept the application as a modification and require a new Designated Development Application

 

ii        That Council refuse the application

 

iii       That Council approve the application as recommended above with changes to the conditions

 

 

DISCUSSION:

 

The quarry extension of 2002 generated significant local community concern and was the subject of appeal to the Land and Environment against Council’s then approval. The appeal was lost and over the subsequent years of operations complaints have been dealt with in respect to trucks being a hazard on Valla Road together with deterioration of the road surface, noise’, dust, blasting and other compliance issues.

 

Correspondence was entered into with Quarry operators (Groundworks plus) on 9 August 2013 advising that in their annual reporting year to date they had exceeded the extraction limit set by condition 12 of the consent requiring that no more than 50,000 cubic metres in situ be removed. Response from Groundworks plus advised that they would be seeking to modify the consent to reflect an annual extraction limit of 79,500 m3 in situ.

 

The matter of the breach was reported to council in the first instance on 28 August 2013 and subsequent council meetings to determine compliance action. The outcome of those meetings is not dealt with in this report.

 

An application to modify development consent 2001/096 was lodged with council on 27/09/2013 in accordance with Clause 96AA of the Environmental Planning and Assessment Act (Modification by consent authorities of consents granted by the Court). Section 96 of the Act sets out the requirement for a modified development application to be ‘substantially the same’ as the original development.

 

Court decisions were submitted to support the modification being substantially the same development with a concluding statement:

 

    ‘despite the proposed modification the development would provide the same plant, operational controls, hours of operation, total extraction limit (950,000m3 in situ), total truck movements over the life of the quarry and the same finished landform. .In that the proposed modification does not seek to change a material or essential element of the design or operation of the original application we are of the opinion that the proposed modification is ‘substantially the same’.

 

The Quarry operator has submitted advice from Corrs, Chambers Westgarth (their Legal Representatives) firstly in support of the application being submitted as a modification after referring to Land and Environment Court decisions and consequently confirming same after review of the Statement of Environmental Effects.

 

A preliminary appraisal of the application by the reporting officer noted firstly the outcome of a noise monitoring program conducted on 23 July 2013 which determined that under certain wind conditions the Quarry does not comply with the relevant noise limits at residences to the north and north-west (page 10).  It then advised that Quarry Solutions met with the EPA on 17 September 2013 and an agreement was reached to enter into a negotiation process to set agreed and acceptable noise levels at the residences north and north-west of the operations, in line with Section 8 of the NSW Industrial Noise Policy 2000.

 

Secondly, the application contains no information on the anticipated increase in the number of truck movements per hour and simply states that the total truck movements over the life of the Quarry will not change (page 11).  However, in attachment 5 which is the original EIS prepared by Jelliffe Environmental Pty Ltd it is noted on page 54 (a-c) that to comply with EPA Environmental criteria for Road Traffic Noise (1999) and following modelling of traffic noise at the worst effected locations a maximum number of truck movements per hour should be limited to 5.  The number of truck movements per hour obviously affects noise emissions and it would seem that these are not considered in the application. 

 

Accordingly advice was sought from Council’s legal representatives as to whether the application is properly a modification application or a new development application. Further it was queried whether this has implications for its classification as substantially the same development or whether it is a matter only relating to the merits of the application.

 

With respect to Item 1quarry noise the following action has occurred:

 

a        A response to the referral was received from the EPA in the first instance advising the quarry operators cannot presently meet noise conditions and as the increased operation will exacerbate the problem the application cannot be supported by them unless suitable agreements are  made with the affected residents.

 

b        EPA has further corresponded with council 30/01/2014 advising that Groundworks plus (quarry operators) have entered into agreements with several residents to the north and northwest of the quarry setting noise levels at 4.5 dB(A) above consent level at those residences and have entered into contracts to purchase 2 other properties and as such the EPA supports the increased extraction level of 79,500 m3 in situ. At the time of writing this report the contracts of sale had not been sighted by Council Officers or the EPA.

 

With respect to Item 2truck movement noise the following is provided as qualifying the previous statements in Jelliffes EIS.

 

a        The EIS provides a calculation for the logarithmic average of noise levels (LA Max) for loaded and unloaded quarry trucks travelling along Valla Road at 60 km/h. Note that noise decreases with increased speed as the event has a shorter duration. LAeq 1hr is calculated which is basically the average equivalent of noise measured over a duration of noise. Jelliffe has used a figure of 55dB(A) sourced from the EPA to which there should not be an increase in noise by .2dB(A) for local roads. He further calculates the average hourly truck movements as 5 per hour and shows that this meets the noise criteria at the 2 most affected residences.

 

b        Valla Road is an arterial Road which allows a noise level of 60dB(A). Utilising the same methodology as Jelliffe 79,500 cubic metres of extraction would see around 8 movements per hour which by extrapolation meets the requirements.

 

c        The quarry operator has responded also to the aspect of truck movement noise offering:

 

i)     That the methodology used is not consistent in practice as truck movement is sporadic and is dictated by demand varying from day to day and hour to hour;

 

ii)     Since Jelliffes report of 2000 truck noise has improved by better chassis/suspension and quieter engines;

 

iii)    There was no condition placed on the consent with respect to truck noise.

 

 

In establishing the application as a modification (‘substantially the same’) Council is able to proceed to a merit based assessment which requires amongst other matters in clause 96AA;

 

1        It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

2       In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

 

3        And Clauses 35 & 36 of Schedule 3 in the Environmental Planning and Assessment Regulation.

 

There have been 17 submissions (Refer to Confidential Report) with respect to the proposed modification, mostly similar issues which are compressed and addressed as follows:

 

1        Not substantially the same – assessed as substantially the same after consideration of legal opinion and definitions of substantially the same as defined by Planning NSW

 

2        Hazards from increased trucks on the road and poor road ethic by some drivers including speeding – Quarry management needs to prepare a code of conduct and raise matters with their drivers.(see later condition) Police intervention

 

3        Additional blasting and vibration impacts – same amount of blasting as previously approved.     Existing status of buildings and any cracking occurred should be surveyed by Quarry operator and/or private assessor and documented.(see later condition)

 

4        Increase in dust pollution – significant conditioning in existing consent – compliance monitoring required

 

5        60% increase in extraction = 60% increase in impact – definitely an incremental increase. Assessed as substantially the same development

 

6        Possible damage to aquifers – not identified as an impact in existing Development proposal/assessment/conditions

 

7        Devaluation of properties - quarry exists until 950,000 m3 in situ of material is removed or 30 years from commencement of operations in DA2001/096

 

8        Scenic, Environmental and ecological damage – considered in assessment of DA2001/096

 

9        Damaging road structure – considered in assessment of DA2001/096

 

10      Development is rural residential shouldn’t be industrial – permitted and existing use

 

11      Illegal exceedance of extraction –dealt with by Council

 

12      Increase in output has significant impact – too general a statement and needs to be broken down in context with impacts, mainly traffic, dust, noise and blasting

 

13      Uncovered trucks – compliance issue

 

14      Future supply, retain for local – quarry has extraction ‘life ‘limit at present – proposal will only reduce the life of the availability of resource. Sustainability is balanced against a necessary highway demand in the present. The quarry is recognised as a Regionally significant extractive resource

 

15      Additional breaches of consent – to be dealt with by council in reviewing further information submitted as an addendum to the Quarries Environmental management Plan

 

16      Concern that not all affected persons had been contacted by quarry operators. This a judgmental call on the matter of degree of community consultation required. Also Council had notified a broad range of potentially affected properties and advertised the application for availability of review

 

17      Noise monitoring carried out on quiet days – followed up by EPA and issues of ‘noise’ have been seen as resolved by agreement or sale and the modification is supported

 

18      Council engage community stakeholders and quarry operators in open forum – Presently dealing with a modification of an approved quarry ie substantially the same development

 

 

Clause 79c Environmental Planning and Assessment Act has a number of matters such as need to be considered and accordingly have been addressed as follows:

 

Mid-north Coast Regional Strategy – Valla quarry seen as a Regionally significant Extractive Resource meeting sustainability criteria for defining potential development boundaries.

 

LEP2010 – the quarry is an approved development in accordance with councils Local Environmental Plan at the time and is identified in accordance with LEP 2010 clause 7.5 as a location of significant resource of extractive materials.

 

DCP 2010 – The footprint for the development will be the same as originally approved with acceptable buffer separation. Objectives of the DCP have been managed by conditions of consent that have been previously imposed, currently modified and/or added.

 

SEPP (Mining, Petroleum Production, and Extractive Industries) 2007 – The land occupied by the quarry as a Mineral and Extractive Resource has been identified by Clause 7.5 of the LEP and associated mapping as land that meets the requirements of Cl 13 of this SEPP. Accordingly the aims of the SEPP have been identified and met.

Environmental Planning and Assessment Regulation – Schedule 3 Clause 35 – determines whether alterations or additions are designated development. In this case it is not an alteration or addition to the existing development as there is no change to the overall approved development.

 

When considering the likely impacts as described in preceding clauses it is obvious that the operation of a quarry in its present location whilst not conducive with a number of surrounding properties including sharing of the arterial road is an approved land use mapped and identified as regionally significant.

 

A number of issues associated with the impacts from the quarry are compliance related and require continued observation and control in the future.

 

The 4 greatest impacts identified are noise, dust, vibration from blasting and problems associated with residents sharing Valla Road with trucks and the impact of those trucks on the road surface:

 

Noise

 

Noise has been shown to be within acceptable limits set by the EPA at most properties. Several properties were affected by noise levels above benchmarks set by up to 4.5dB(A).  Quarry operators have advised that they have undertaken significant mitigation works over the last 3 years to Best Available Technology Economically Achievable (BATEA) in accordance with the NSW Industrial Noise Policy 2000 and concluded that there are not expected to be any practical and economically feasible means of achieving an overall noise reduction in the order of 4.5dB(A).

 

The EPA in their first response to Council (13/11/2013) did not support the modification due to the exceedance of consented noise levels.

 

The EPA has further responded to Council (30/01/2014) advising that they have received executed agreements with and advice concerning the purchase of 2 affected properties and accordingly, subject to the successful completion of sale the EPA has no objection to the increase of extraction to 79,500 m3 in situ annually.

 

Dust

 

Dust nuisance is controlled by 2 existing conditions in the consent and compliance control is required here

 

Vibration

 

Quarry reporting (Environmental Management Audit) shows compliance with Consent however there is a statement advising that blast monitoring has historically not been undertaken at the nearest residential neighbour due to access not being granted and safety reasons.

 

A CONDITION should require that a building inspection be undertaken of concerned properties noting present condition, carried out and documented by the quarry operator at the request of concerned owners with the owner and/or representative present. This is to be actioned by the quarry operator.

 

Truck Interaction/road use

 

Concerns were expressed at:

 

a        The increase of traffic on Valla Road causing dangerous conditions – Council engineer has appraised the modification proposal and advises that Valla Road as an arterial road has suitable construction, sight distances and intersections

 

b        The action of some truck drivers driving haphazardly on Valla road .i.e. speeding, crossing the centre line on corners, uncovered loads etc – these are compliance matters for the police and council rangers . Note the condition below:

 

c        The deterioration of the road surface – Section 94 contributions from the quarry are paid towards the maintenance of Valla Road with a recent section being upgraded. Councils engineer has recently investigated funds available for further road upgrade

 

A CONDITION should be placed on the modified consent requiring the Quarry operator to develop or where existing amend as necessary, an appropriate Code of Conduct for the transport of materials on public roads. The code of conduct is to be prepared by the developer, approved by council and implemented on an ongoing basis by the quarry operator to manage all heavy vehicle movements arising from the development.

 

 

CONSULTATION:

 

All properties, LACL and Government Departments (or their present equivalent) previously notified were renotified of the modification application with seventeen submissions made and response from the EPA.

 

Councils Legal representatives were engaged to review the submission and comment as to the proposal being ‘substantially the same’ development who in response noted following review of the case law that the modification may well be within the scope of Sect 96AA, a matter for council to decide following the receipt of additional information i.e., noise and truck movements – matters which Councils Officer had raised.

 

A meeting was held (present – General Manager, Manager Development and Environment, Quarry Managers and a representative from their Legal Counsel). The matters of noise and truck movements was raised.

 

Response was received from Groundwork plus advising that:

 

a        Noise - being dealt with by agreement with affected  neighbours in line with EPA and Industrial Noise Policy; and

 

b        Traffic noise – the response advised that:

 

i)        The existing consent does not have a condition pertaining to traffic noise

 

ii)       Truck chassis/suspension and engines had improved considerably since the EIS prepared by Jelliffe in 2000

 

 

Response with respect to noise was considered ‘qualitative’ only and therefore using the parameters that Jelliffe had adopted in his EIS a ‘quantitative’ result was achieved (see earlier in report).

 

Consultation was entered into with the EPA as previously reported with the Authority now supporting the modification.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Clause 7.5 of councils LEP as adopted 2010 identifies this land on the Mineral and Extractive Resources Map as a significant resource of extractive materials for the purpose of Clause 13 of SEPP (Mining, Petroleum Production and Extractive Industries) 2007.

 


Extract from Clause 13

 

Before determining an application to which this clause applies, the Consent Authority must:

 

a        Consider

 

i)        the existing uses and approved uses of land in the vicinity of the development, and

ii)       whether or not the development is likely to have a significant impact on current or future extraction or recovery of minerals, petroleum or extractive materials (including by limiting access to, or impeding assessment of, those resources), and

iii)      any ways in which the development may be incompatible with any of those existing or approved uses or that current or future extraction or recovery, and

 

b        Evaluate and compare the respective public benefits of the development and the uses, extraction and recovery referred to in paragraph (a) (i) and (ii), and;

 

c        Evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).

 

In preparing the LEP environmental sustainability assessment was required and carried out.

 

The quarry has been listed as a regionally significant extractive resource in the Mid North Coast Regional Strategy which in the suggested threshold sustainability criteria for defining potential boundaries holds that natural resource limits are not exceeded and environmental footprint is minimised

 

Risk

 

Nil risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Continued Sect 94 contributions toward Valla Road upgrade.

 

Source of fund and any variance to working funds

 

Nil.

 

Service level changes and resourcing/staff implications

 

Compliance surveillance impacts on staff resources.

 

Attachments:

1

6103/2014 - Existing consent conditions as modified - DA2001/096

 

  


Ordinary Council Meeting - 24 April 2014

Modification of Consent - Valla Quarry - DA 2001/096

 


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.7      DA2013/129      240414         DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report if for Council to determine a development application for a proposed 2 lot subdivision at 125 Ocean View Drive Valla Beach.

 

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 in accordance with clause 54(6) of the Environmental Planning and Assessment Regulation 2000, it is recommended Council refuse the development application, as insufficient information was provided to allow proper consideration of the matters listed in Section 79c of the Environmental Planning and Assessment Act 1979

 

     Without the requested information, Council cannot be satisfied that the development is consistent with:

                    

i         Objectives of the zone;

ii        Clause 5.5 of the Nambucca LEP 2010 (Development within the Coastal Zone) (which indicates consent must not be granted for development in the coastal zone unless Council is satisfied the proposed development will not be significantly impacted by coastal processes);

iii       The provisions of SEPP 71 (Coastal Protection) and the NSW Coastal Policy;

iv       Council DCP Part A5.5 Geotechnical Constraints; and

v        Council DCP Part F1.3.4 Buffer to Sensitive Environmental Receptors

vi       Section 79C(1)(b) of the EP&A Act, the potential impacts on the natural and built environments have not been demonstrated and could present unacceptable increase in risk to property.

vii      Section 79C(1)(c), the suitability of the site to allow a potential increase in development density has been inadequately demonstrated.

viii     Section 79C(1)(d) of the EP&A Act, it is considered the submissions received raised relevant concerns that have not been adequately addressed.

ix       Section 79C(1)(e) of the EP&A Act, the proposed development has inadequately addressed impacts to the public interest. The development will potentially increase Council liability in respect to the management of the Council reserve and future protection of additional dwellings in the area. It may also impact on the character of Deep Creek area as viewed from public spaces.

 

2        Pursuant to the Section 55 of the EP&A Act, Council prepare a Planning Proposal to support the following amendment.

 

i         The minimum lot size map at 125 Ocean View Drive Valla Beach (Lot 8 DP1031509) be amended from 450sqm to 40Ha a minimum lot size.

 

          ii        The Planning Proposal and associated material be submitted to the Minister for           Planning for consideration under Section 56 of the EP&A Act.

 

 


OPTIONS:

 

1              Council request the applicant provide additional information including:

 

i         A geotechnical assessment giving consideration to potential coastal and riverine processes

ii        A visual impact assessment which gives consideration to the findings of the geotechnical assessment and the bushfire assessment;

iii       Justification report for the significant reduction in Councils buffers to sensitive Environment receptors.

 

2        Council approve the application in principle. Should Council choose to approve the development application it is recommended Council receive an additional report with draft conditions, that aim to protect Council from future litigation and/or management responsibilities in respect to the bank of Deep Creek. Such provisions may include geotechnical construction techniques; construction recommendations such as lightweight material and conditions for planned retreat should the area be impacted by foreshore riverbank erosion. It is noted such conditions would typically be drafted based on expert geotechnical advice provided as part of the development application (which has not been done). Legal advice or advice from Council’s insurers may also be useful.

 

3        Should Council determine the application by granting consent it is recommended an LEP amendment to reduce the maximum building height from 8.5m to 5m also be prepared. The intent of such an amendment would be to reduce the potential impact on the natural character of Deep Creek and surrounding reserve, as well as reduce the potential for view loss issues from adjoining land. 

 

 

DISCUSSION:

 

NOTE: This report relates to a rezoning matter reported to Council on the 30 May 2013.  The aim of that report was to progress a house keeping amendment to the Nambucca LEP 2010 to correct errors within the mapping of the LEP.  In relation to this land, the amendment proposed to rectify the minimum lot size map on the land from 450sqm to 40ha (as the land was under Nambucca LEP 1995).  Council resolved not to proceed with the amendment on this land and as such allow the landholder an opportunity to proceed with a merit based assessment for the subdivision of the land.

 

Council received a development application for a two (2) lot subdivision (Lot 8 DP1031509) on 25 September 2013 [Attachment 1].  On the 13 November 2013 Council resolved to undertake a site inspection prior to the determination of the development application.  On the 13 March 2014 Council resolved to call in the application for Council determination.

 

The application is an integrated development and Council has received a Bushfire Safety Authority with General Terms of approval issued from the NSW RFS.

 

After a preliminary assessment of the application, a letter was provided to the applicant on the 30 October 2013 requesting that a number of matters be addressed by providing Council with additional information [Attachment 2].  On the 3 March 2014 Council received a letter of response from the applicant advising that they wished Council to determine the application based on the information provided to date and for various reasons the additional information requested by Council has not been provided [attachment 3]. This letter is taken as notification that the information will not be provided and as such Council is to determine the application accordingly.

 

It is recommended that Council refuse the development based on the lack of information to support the proposed subdivision.  It is noted that should the applicant be provided with an additional opportunity to submit the required information the following matters may still warrant recommendation for refusal.

 


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

 

The Nambucca Local Environmental Plan 2010.

Zone objectives

The land is zoned E3 Environmental Management and the objectives of the zone are to:

•        To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

•        To provide for a limited range of development that does not have an adverse effect on those values.

 

Planning Comment:

 

The applicant has not adequately demonstrated that the proposed subdivision meets the objectives of the zone. The proposal does not protect, manage or restore an area with ecological and scientific significance or aesthetic values, rather the application will allow increased development density in a sensitive location.

 

Additional information was requested to assist in determining what impact the proposal will have on the values specified for the E3 Zone and this information has not been provided. The Nambucca LEP 2010, relevant SEPP’s and Nambucca DCP 2010 have in place a number of provisions which aim to protect sensitive areas such as those contained within E3 Environmental Management zone. The applicant has failed to satisfy staff that the values of the zone will not be adversely effected, by lack of information to support the application and significant reduction to required watercourse setbacks. These matters are addressed in detail below.

 

Clause 5.5 Development within the Coastal Zone

 

The subject land is located within the coastal zone and as such the provisions of this clause are required to be addressed in the application. The provisions of this clause and those of SEPP 71 and the principles of the NSW Coastal Policy are closely related and as such these matters will be addressed in this section of the report.

 

Principles and objectives of Clause 5.5 specifically relevant to the proposal are listed below:

 

(a)      to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,

(b)      to implement the principles in the NSW Coastal Policy, and in particular to:

 

(i)       protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and

(ii)      protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and

(iv)     recognise and accommodate coastal processes and climate change, and

(v)      protect amenity and scenic quality, and

(ix)     ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

(x)      ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and


(2)      Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

(b)      the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:

(i)       the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii)      the location, and

(iii)     the bulk, scale, size and overall built form design of any building or work involved, and

(c)      the impact of the proposed development on the amenity of the coastal foreshore including:

(i) any significant overshadowing of the coastal foreshore, and

(ii) any loss of views from a public place to the coastal foreshore, and

(d)      how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

(e)      how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

 

(3)      Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

(d)      the proposed development will not:

(i)       be significantly affected by coastal hazards, or

(ii)      have a significant impact on coastal hazards, or

(iii)     increase the risk of coastal hazards in relation to any other land.

 

Planning Comment:

 

Of the above principles for consideration by the consent authority it is noted that the following are of the highest concern in relation to the proposed development:

 

·           Coastal Hazards (refer to the discussion below in relation to geotechnical constraints); and

·           Visual amenity and scenic Quality. (refer to the discussion below regarding context and setting)

 

Of particular note Clause 5.5(3) (highlighted above) indicates Council must not grant consent unless it is satisfied the proposed development will not be significantly affected by Coastal Hazards.  Although requested to address the geotechnical and aesthetic matters the applicant has not provided any additional information to support their application.

 

Also, the principles of ecologically sustainable development are referred to in clause 5.5 of the NLEP 2010 (as well as the Local Government Act).

 

Section 89 of the Local Government Act indicates that Council must take into consideration the principles of ecologically sustainable development. Ecological sustainable development incorporates the precautionary principle which indicates lack of full scientific certainty should not be used a reason for postponing measures to prevent environmental degradation. It also includes inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

 

Council should be aware in making its determination of this application that, public and private decisions council should be guided by:

(i)       careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii)      an assessment of the risk-weighted consequences of various options,

 

 


SEPP 71 Coastal Protection

 

As stated above the provisions of SEPP 71 Coastal Protection related closely to the issues identified in clause 5.5 of the Nambucca LEP 2010. The key issues in this instance are coastal hazards and scenic value.

 

SEPP Rural Lands

 

Planning Comment:

 

The SEPP applies to subdivision of environmental protection zones (including E3 Environmental Management) and as such these provisions should be addressed in the application.

 

The SEPP Rural Lands which applies to the E3 Environmental Management Zone indicates that a number of land use conflict matters which must be taken into account in land zoned rural, rural residential or environmental protection zones.

 

Planning Comment:

 

In respect to this SEPP the application is unlikely to cause any land use conflicts with existing landuses in the area and therefore the context of this policy as it relates to a development application is unlikely to be an issue.

 

Of note the 117 directions which apply proposed rezoning for rural and environmental zones indicates that any proposal to reduce the minimum lot size, (as done in error in this instance) is required to be consistent with the following principle among other taken from SEPP (rural lands):

 

 (e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

 

This principle would have provided in part justification to refuse a rezoning application to reduce the minimum lot size on the land, should the land have been given adequate consideration as part of a formal rezoning application and planning proposal rather the result of a mapping error.

 

(ii) any draft environmental planning instrument

 

Nil: Council resolved not to proceed with a draft instrument to amend the error relating to minimum lot size on this land.

 

(iii) any development control plan (DCP)

 

Nambucca Development Control Plan 2010

 

Part A5.5 Geotechnical Constraints

 

This part states ‘in areas likely to be susceptible to subsidence, landslip or any other potential hazardous ground conditions, Council will require a geotechnical assessment to be submitted with the DA.’

 

The applicants Statement of Environmental Effects in relation to soils states erosion and sediment controls would be applied during construction and in relation to natural hazards indicates the slopes are less than 5% and not likely to be subject to landslip in respect to potential building sites.

 

Planning Comment:

 

A council reserve which incorporates the bank of Deep Creek is located adjacent to the proposed lot. The bank displays signs of instability and erosion. In regards to this area Councils Coastal Hazard study (SMEC December 2009) states the following.

 

overwash of the dune south of the entrance to Deep Creek may be possible by 2050, if the volume of sand store is reduced due to future sea level rise. This could cause breakthrough of Deep Creek south of its present location and threaten the footbridge. By 2100, the morphology of the entrance to Deep Creek could change, as the dune separating the river from the ocean could be completely eroded under the action of the sea level rise. This would expose the current foreshore of Deep Creek to an open coast wave climate, putting existing infrastructure such as the Valla Park Resort at risk from erosion and wave inundation.’

 

Justifiably the applicant was requested to provide a geotechnical investigation addressing issues associated with creek bank stability in regards to Coastal processes. It is noted that the above study only takes into consideration erosion arising from Coastal Processes and given the observed scour on creek bank the applicant was also asked to address riverine processes in the geotechnical investigation.

 

The applicant has notified Council that this information will not be provided at this stage, but may look at engaging a consultant should Council determine this is necessary. Clause 5.5(3)(d)(i) of the Nambucca LEP 2010 indicates consent must not be granted for development in the coastal zone unless Council is satisfied the proposed development will not be significantly impacted by Coastal processes.

 

Without a geotechnical investigation to support the proposed subdivision the risk associated with any future development in the area is unknown and Council cannot be satisfied these issues will not affect the land. For this reason the application should not be supported.

 

Geotechnical stability issues in Nambucca Heads have recently been addressed by Council at significant financial cost to protect both private property and infrastructure. Many other coastal councils and state government bodies are toiling with coastal and geotechnical issues effecting both private and public land and infrastructure. Nambucca Shire Council is fortunate that historical development and subdivision has been guided, and constraint considerations of coastal/riverine geotechnical matters have resulted in few issues in the shire. Sound planning is required across the LGA to minimise future economic impacts to Council that may arise should Council be required to protect private property subject to coastal/ geotechnical hazards as well as future environmental impacts associated with mitigation or management.

 

Part F1.3.4 Buffer to Sensitive Environmental Receptors

 

This part applies to all rural and environmental zoned land. Table F3 indicates setbacks to watercourses are required to be a minimum of 40 metres. The subdivision plan provided with the application does not provide an indication of where this required setback sits in relation to the proposed building envelope of allotment.

 

Planning Comment:

 

The development application has not addressed this requirement or provided justification to support any variation, despite being requested to address the matter in writing. Although the subdivision plan contains no scale it is estimated a 40m setback from the creek ends within 5-8m from the front property boundary and the building envelope as shown on the plan is set back approximately 23m from creek/ reserve boundary. A variation of this extent may impact on the values presented by the E3 Environmental Management zone.

 

b        the likely impacts of the development

 

Natural and Built Environment  -  Context and Setting

 

As previously indicated the subject land adjoins a public reserve and is located near to the bank of Deep Creek. Geotechnical constraints on the banks of Deep Creek may place development on the subject land at risk. In turn Council may be required to mitigate this risk through various coastal or bank stabilisation measures at significant cost. Geotechnical matters have been addressed previously in this report.

 

The proposed lot borders a vegetated Council reserve. At present the vegetation provides a visual buffer to the Valla Footbridge, Deep Creek and surrounding open space area, a prominent place of local and tourist recreation. Should vegetation adjoining the subject land collapse into the creek any development in the area will be highly visible and prominent on the bank Deep Creek. The applicant was requested to address the visual impact of the development upon receipt of a geotechnical report.

 

The land and environment court has identified a planning principle and a process to determine the acceptability of the impact of views from the public domain. It was expected that these principles would have been addressed in a visual impact assessment requested with the application. This has not been provided.

 

 Access, Transport and Traffic

 

Councils Manager of Technical Services has reviewed the proposed subdivision and provided conditions of consent applicable to the development including a requirement for driveway and crossing over construction from the existing garage on proposed lot 2 (the existing dwelling).

 

The existing shed which includes 2 south facing single garage doors is located approximately 8m from the proposed lot boundary.  The applicant should be satisfied entry and exit from the shed will still be available within the property boundary or appropriate adjustments may be required.

 

Economic Impact in the Locality

 

The proposed development is unlikely to have an economic impact on the locality. Future protection or retreat measures may have significant cost implications for Council. 

 

Cumulative Impacts

 

The development application proposes a subdivision, which will allow a future dwelling or dual occupancy to be constructed on the land. The applicant has inadequately addressed the constraints identified on the land particularly given that the subdivision of the land may permit up to an additional three (3) dwellings on the land.

 

Council is required to be satisfied that future development will not be impacted by coastal and geotechnical hazards and increasing the potential residential density of the site should not be permitted until Council is satisfied there is no risk.

 

c        the suitability of the site for the development

 

Pursuant to Section 79C(1)(c), the suitability of the site to allow a potential increase in development density has been inadequately demonstrated through the lack of appropriate investigations. 

 

Future development will require a reduction in standard setbacks to achieve a feasible development envelope from sensitive land which has potential geotechnical constraints. The site is not considered suitable for subdivision and potential density increases in the area, which may have adverse impacts on Council future management responsibilities and the aesthetic values of Deep Creek.

 

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

 

The development application was notified in accordance with Councils DCP 2010. During the exhibition period Council received three (3) submissions.

 

The submissions are included as attachments to the CONFIDENTIAL REPORT.

 

The issues raised through submissions are discussed below:

 

1        Historically the land was a result of 3 lots being consolidated with a restriction that single storey development could be approved on the land to preserve the integrity of Deep Creek and to provide a bush fire buffer area. The 1995 LEP supported these provisions by providing a 40HA minimum lot size on the land.

 

Planning comment: The historical context of this issue was previously reported to Council.

 

2        The subdivision potential of the land is the result of an error in the LEP 2010. A number of other statements are made in relation to the context and management of this error, they are detailed in the submissions.

 

Planning comment:  This is discussed in the body of this report and Council has previously been made aware of this issue.

 

3        Council could be seen as being negligent firstly by not correcting the error and secondly by considering this application;

 

Planning Comment:  Staff are not aware of any legal issues relating to the error in the LEP or in the consideration of this application. The risks have been reported in the body of this report.

 

4        Stability of the western bank of Deep Creek is of major concern

 

Planning comment: The geotechnical issues relating to the property and the adjoining creek bank are discussed in the body of this report. Staff have requested further consideration of the geotechnical matters which have not been provided.

 

5        Five (5) large trees will be required to be removed to allow future development of the land, further contributing to the stability of the site and habitat for local fauna species;

 

Planning comment: The geotechnical issues relating to the property and the adjoining creek bank are discussed in the body of this report. A threatened species assessment was provided with this development application. Despite recording potential habitat on the site in the form of some potential/actual tree hollows, the assessment concluded that the application will not result in a significant impact to threatened species.

 

6        Coastal views may be impacted where it was known that no further development would be likely to occur.

 

Planning Comment: Staff requested that the applicant provide a visual impact assessment in line with the provisions of the coastal provisions of the Nambucca LEP 2010 and the principles of SEPP 71. These matters are discussed in the body of the report.

 

Further to this should Council resolve to approve the subdivision without a visual impact assessment to support the it is recommended that Council endorse an LEP amendment to reduce the maximum building height on the land from 8.5m AHD to 5m AHD.

 

e        the public interest

 

Pursuant to Section 79C(1)(e) of the EP&A Act 1979, it is considered that the proposed development is not in the public interest as it will potentially increase Council liability in respect to the management of the Council reserve and future protection of additional dwellings in the area. It may also impact on the character of Deep Creek area as viewed from highly utilised public spaces.

 

 

CONSULTATION:

 

Nil

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental risks associated with the development have been inadequately addressed in the application. The body of this report details the environmental issues associated with this development

 

Social

 

The proposed development may have adverse impacts on the aesthetic value of the Deep Creek area and detract from the natural character of the area.

 

Economic

 

The proposed development is unlikely to have an economic impact on the locality. Future protection or retreat measures may have significant cost implications for Council. 

 

Risk

 

Section 733 of the Local Government Act provides Council with an exemption from liability

 

(2)      A council does not incur any liability in respect of:

(a)      any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in a manual referred to in subsection (5) (b)) or the nature or extent of any such hazard, or

(b)      anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.

 

In respect to these provisions should council base its determination on professional advice provided by a geotechnical expert, it is likely these ‘good faith’ provisions would protect Council from future liability if the land is impacted. Should Council not require geotechnical advice to be provided there would a greater risk of future litigation from the landowner in the event of an issue on the property.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

·              Should Council refuse the application it may be subject to future legal costs if the applicant appeals the decision.

 

·              Should Council approve the application without appropriate consideration being given to site constraints, Council may not be protected from litigation, should natural hazards affect the property in the future.

 

·              Council may determine legal advice is required to assist in drafting conditions to protect Council from future geotechnical issues that may affect the land.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Additional resources may be required to draft planning proposal and/or draft conditions of consent.


 

Attachments:

1

9172/2014 - subdivision plan

 

2

27158/2013 - DA 2013/129 additional information required

 

3

9109/2014 - response to additional information request - Amos and Macdonald

 

4

10520/2014 - Draft Conditions

 

  


Ordinary Council Meeting - 24 April 2014

DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

 


Ordinary Council Meeting - 24 April 2014

DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

 

Enquiries to:     Grant Nelson

Our Ref:          DA 2013/129

 

 

 

22 October 2013

 

 

 

Amos & McDonald Surveyors

PO Box 610

MACKSVILLE  NSW  2447

 

 

Dear Sir

 

DEVELOPMENT APPLICATION 2013.129.1

SUBDIVISION – RESIDENTIAL

LOT 8 DP1031509, 125 OCEAN VIEW DRIVE VALLA BEACH

 

I refer to the above DA lodged with Council on the 25 September 2013 and Council’s previous letter dated 2 October 2013.

 

Council acknowledges receipt of the additional information requested and after further preliminary assessment a number of potential issues with the proposed subdivision and future development of the site have been identified. These issues include:

 

-     inconsistencies with the objectives of the zone in particular the aesthetic value of the area.

 

-     the development not being in the public interest – increasing living opportunities on the site as proposed may lead to unknown long term management issues for Council ranging from foreshore protection works to property acquisition.

 

Based on the preliminary assessment and the issues highlighted above you are invited to withdraw your application. Despite the above should you wish to proceed with the application as proposed additional information will be required to enable the adequate assessment of the proposal and review of the above matters.

 

SEPP 71

 

-     Item c, d: Visual Amenity - Allowing an increase in density through subdivision of the site may have a detrimental impact on the scenic quality of the foreshore from the Valla Beach open space areas being the Valla Beach Footbridge, Foreshore Reserve as well as Deep Creek. The response to this matter has been inadequately addressed and should be considered through a visual impact assessment which takes into consideration the findings of the geotechnical investigation.  The visual impact assessment should take into consideration the planning principle for public domain views (Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor (2013) NSWLEC) and be prepared by a suitably qualified person.


2

 

Amos & McDonald Surveyors

29 October 2013

DA 2013/129

 

 

-     Item g, h: Coastal Processes and geotechnical stability (Coastal and Watercourse considerations) – An inspection of the public reserve adjoining the existing property and proposed future lot identified existing bank erosion. A geotechnical investigation addressing issues associated with the creek bank stability and both coastal and riverine processes is requested. Refer also to section A5.5 Nambucca Shire Council DCP 2010.

 

DCP 2010 Part F Rural and Environmental Development

 

-     Table F1 indicates that all uses requiring development consent should be set back a minimum of 40m from a watercourse and 20m to a visually prominent location. Please demonstrate that the dwelling envelope meets these criteria.

 

SEPP Rural Lands

 

The Land is zoned E3 Environmental Management and as such the provisions of SEPP
Rural Lands
applies. Please demonstrate how the proposed subdivision addresses the matters within this SEPP.

 

Flora and Fauna

 

The Flora and Fauna assessment identified a number of hollow bearing trees on the site that are likely to be removed as part of the proposed development. To adequately determine the presence/ absence of threatened species in hollows to be removed it is recommended stag watches, spotlighting and bat echolocation be undertaken on the site on a minimum of 2 occasions.

 

Should you have any queries in regards to the advice provided in this letter please do not hesitate to contact Council’s Strategic Planner Mr Grant Nelson on 65680248.

 

Yours faithfully

 

 

 

Grant Nelson

STRATEGIC PLANNER

 

GN:lh


Ordinary Council Meeting - 24 April 2014

DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

 

AMOS & McDONALD SURVEYORS

ABN 35 089 911 133

9 McKay Street                                              Telephone: 02-6568 1683

Macksville   NSW 2447                                       Facsimile: 02-6568 4180

PO Box 610                                   Email:bill@mcdonaldsurveyors.com.au                     

                                          

 

17 April 2014

 

 

 

                   Nambucca Shire Council

                   P.O Box 177

                   MACKSVILLE 2447

                   Att: Grant Nelson

                  

                  

 

 

-                                                                                                                                                                              -

RE: DA 2013/129

125 OCEAN VIEW DRIVE

VALLA BEACH

 

 

 

 

With reference to the abovementioned D.A and your letter dated 22/10/13;

 

1.   SEPP 71 (Visual Impact Assessment)

My clients feel that due to the minimal visual impact that the proposed subdivision would have with the presence of one new single storey dwelling on the proposed lot within an already developed residential area, that a Visual Impact Assessment would be costly and unwarranted.

 

The existing dwelling is barely visible and any new dwelling would also be barely visible from the Valla footbridge, opposite headland, river and surrounding areas. Minimal visual impact.

 

2.   Flora & Fauna

You requested more field work (2 occasions) to be carried out by our Fauna & Flora consultant. Jason Berrigan of Darkheart has advised that his price to carry out this work is about $1000 but also states;

“Further survey (with limited probability of success) is both superfluous and an unnecessary financial burden to the landowners in this particular instance.

 

3.   Geotech

We have had a quote from Coffey Partners of about $4000 to carry out an onsite visual inspection on the river bank only and prepare a report.

My clients are of the opinion that the river bank along the Western side of Deep Creek in that area is stable. They have been there for 12 years and witnessed minimal erosion. Any minor erosion has been  mainly caused by wind.

If the issue of river bank instability is raised by Councilors as part of their determination, then we may look at engaging Coffey Partners to carry out their costly inspection & report.

 

 

 

 

 

The land is zoned E3 Environmental. I feel that our Statement of Environmental Effects addresses the impacts of the proposed development with the Objectives of the zone.

 

“To provide for a limited range of development that does not have an adverse effect on those values”

 

A permissible use in this zone, with consent, includes dwelling houses.

 

It is a proposed 2 lot subdivision with minimal Environmental issues that I feel meets the aims of the zoning.

 

 

 

 

 

My clients have been advised that the Mayor has ‘called the approval in’, for a final determination to be made by Council. With that in mind, we ask you to proceed with your assessment.

 

If the outcome of your assessment is for ‘refusal’ we will be asking for an onsite Council meeting to discuss the proposal with the Councilors.

 

 

 

 

 

Yours faithfully

 

 

 

 

---------------------------------------

Bill McDonald, B Surv, MIS N.S.W.

Registered Surveyor

 

 

Our Ref: 13017

 


Ordinary Council Meeting - 24 April 2014

DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

 

DETAILS OF CONDITIONS

 

 

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 TBC??? 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

Statement of Environmental Effects proposed 2 lot subdivision Lot 8 DP1031509 Ocean View Drive Valla Beach

REF:13017

Amos and McDonald Surveyors

September 2013

Proposed Subdivision Plan

REF:13017

Amos and McDonald Surveyors

07/03/2013

 

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.

 

Integrated Approvals

 

2        The following approvals are granted under Section 78A of Environmental Planning and Assessment Act

 

Integrated Approvals from other Authorities

a        NSW RFS

 

Consent Granted For Works within the Road Reserve

 

3        This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Work

Standard to be provided

Driveway for Lot 2

The driveway shall be a minimum 3 metres wide. Paving to be 125mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE (SUBDIVISION)

 

Driveway details required

 

4        The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

Driveway for Lot 2

The driveway shall be a minimum 3 metres wide. Paving to be 125mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

 

The plans must be in compliance with Council's Adopted Engineering Standards.

 

Sewerage and Water Mains

 

7        An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works involving connections to Council’s existing water and sewer infrastructure. Sewerage and water mains are to be extended to service all allotments in the subdivision.

 

Engineering plans of the proposed water and sewer works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

 

An ecological consultant must supervise works

 

8        A suitably qualified and experienced ecological consultant must inspect all native trees that have been approved for removal before they are felled. If any fauna species is detected in the tree, work in the vicinity is to cease until the animal has moved from the area. If it is likely that hollows are providing habitat for native species, any native species found must be relocated to an appropriate nearby location.

 

Erosion & sediment measures

 

9        Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

Construction times

 

10      Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on residential premises, can only occur:

 

a        Monday to Friday, 7.00 am to 6.00 pm.

b        Saturday, 8.00 am to 1.00 pm.

c        No construction work to take place on Sundays or Public Holidays.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Consent required for works within the road reserve

 

5        Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Builders rubbish to be contained on site

 

6        All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

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

 

Plan of Subdivision

 

11      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.

 

Completion of All Works

 

12      All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

Electricity Supply Certificate

 

13      Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

Telephone Supply Certificate

 

14      Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

Contributions and Certificate of Compliance (Water, Sewer and Drainage)

 

15      Contributions set out in the following table are to be paid to Council.

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

1

$12033

$12033

30 June 2014

Sewer

1

$9090

$9090

30 June 2014

TOTAL

 

$21123

$21123

 

 

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

 

16      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

Community Facilities and Open Space

New lot (2.4 persons)

1

$1,904

$1,904

30 June 2014

Surf Life Saving Equipment

Subdivision lot

1

$107

$107

30 June 2014

Section 94 Administration Charge

-

-

10% of total contribution

$201.10

30 June 2014

TOTAL

 

 

 

$2212.10

 

 

Plan of Subdivision and Section 88B Instrument requirements

 

17      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

Restriction on height

The height of the building (building height or height of building) on the land is not to exceed a maximum height of 5.5m. In this restriction ‘height of building’ has the same meaning as defined in the Nambucca LEP 2010.

 

NSW Rural Fire Service Requirements

 

18      The following bushfire requirements apply:

 

a        The development proposal is to comply with the subdivision layout identified on the drawing prepared by Amos & McDonald Surveyors numbered 13017 and dated 7th March, 2013 submitted as Figure 5 of the Holiday Coast Bushfire Solutions “Bushfire Hazard Assessment” report dated 7th August, 2013.

b        At the issue of the subdivision certificated and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined with section 4.1.3 and Appendix 5 of “Planning for Bushfire Protection  2006’ and the NSW Rural Fires Service document “standards for asset protection Zones’.

c        New water, electricity and gas are to comply with section 4.1.3 of “Planning for Bushfire Protection 2006”.

d        Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bushfire Protection 2006’.

e        The applicant is required to submitted documentary evidence to Council prior to release of the subdivision certificate, demonstrating compliance with the requirements of the NSW Rural Fire Service, relating to the existing dwelling on proposed Lot . This may include a signed statement with photos attached or certification from an accredited Bushfire Consultant.

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          yes NSW Rural Fire Service

 

 



Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.8      SF97                240414         Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

 

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

 

Summary:

 

The Alcohol Free Zone (AFZ) in and around the Visitor Information Centre (VIC) at Nambucca Heads concludes on 1 June 2014.

 

Whilst there are no provisions to simply extend the life of the Zone, it could be re-established following a review if the outcome was that the AFZ is still necessary.

 

This report is to advise Council that a review of the AFZ has been conducted, and the conclusion is that the Zone continues to achieve its aim and has improved the community’s perception of safety in this area.

 

It is proposed that the Alcohol Free Zone be re-established with the existing boundary, for the maximum period being 4 years.

 

 

Recommendation:

 

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the area surrounding the Nambucca Shire Visitor Information Centre described as follows; Riverside Drive west of its intersection with Woodbell Street to the Pacific Highway; the Pacific Highway Underpass at Bellwood Creek; west and then south-west of the Visitor Information Centre through the foreshore road reserves known as Quota and Brotherhood Parks.

 

 

OPTIONS:

 

1          Re-establish the Alcohol Free Zone with the current boundary

2          Re-establish the Alcohol Free Zone with a different boundary

3          Not re-establish the Zone

 

 

DISCUSSION:

 

In brief, an Alcohol Free Zone is a designated area in which the consumption of alcohol is prohibited 7 days a week, 24 hours a day.  If you are observed drinking in the AFZ you may be warned and/or have the liquor tipped out. AFZs apply to public roads, footpaths, car parks and are enforced by the Police. They are established under Section 644 to 644C of the Local Government Act 1993.

 

In 2010 Council established an AFZ in and around the Visitor Information Centre in Nambucca Heads following substantial community support.  AFZs can be established for only 4 years and therefore the Zone will conclude 1 June 2014.

 

There are no provisions for Council to just extend an AFZ, however it could be re-established following a review of the Zone’s impact on the community. To assess this, Council should consider the effectiveness of the Zone in reducing unacceptable street drinking and anti-social behaviour, and in improving community safety. Following that, Council may re-establish the Zone as it currently stands, establish a Zone with a new boundary or not re-establish the Zone at all.

 

This report supports re-establishment of the current AFZ with an extension to its boundary. 

 

Whilst AFZs are designed to be a short-term solution to street drinking, there is evidence to support the re-establishment of this AFZ based on community feedback, although its success is difficult to show statistically. A direction by Police for someone to cease drinking in the AFZ would not usually be recorded in the Police statistics, as the intention of the AFZ is to discourage street drinking whilst taking a minimum of Police resources. Therefore it could be argued that the success of an AFZ may be measured by the lack of statistics.

 

For the most part, the evidence that this AFZ has worked has come from the community during the 4 years of the Zone’s operation.  The submissions received during the review provide clear support and the conclusion is that Council should re-establish the AFZ with its current boundaries as shown below.

 

 

CONSULTATION:

 

During a period of community consultation which closed 11 April 2014, Council received 3 petitions (attached) and 19 submissions as follows:

 

1    Graham and Marin Dobson, Aukaka Caravan Park

 

Support re-establishing current Zone.

 

2    Marlene Griffin

 

I am writing to urge Shire Council to re-establish the alcohol free zone around the Tourist Information Centre in Nambucca Heads. It is part of our town close to residential areas and scenic views and is often the first stop to visitors to our area. The present regulation has served the TIC well and it would be helpful for the present arrangement to continue.

 

3    Kennwal Motors Sales and Service P/L

 

We support the re-establishment of the alcohol free zone.

 

4    Lucinda Lum and Carl Avery

 

I would like to register that my husband and myself would like to keep the existing alcohol-free zoning laws that already exists around the information centre in Nambucca.

 

5    Nambucca Heads Bowling and Recreation Club

 

Please be advised that our Club would strongly support and recommend that that Alcohol Free Zone around the Visitor Centre at Nambucca Heads be re-established and maintained after the present expiry date.

 

6    Ann Cooper

 

I would like to put forward my support for the re-establishment of the current Alcohol Free Zone currently in place around the Nambucca Valley Visitor Information Centre, it is essential that visitors to our Valley have an enjoyable first impression to ensure they choose to stay a while in our wonderful part of the world.  This would be tarnished if alcohol consumption was allowed around the Information Centre.

 

7    Terry and Penny Boyle, Marcel Towers Holiday Apartments

 

We write to confirm our support for the re-establishment of the current Alcohol Free Zone in and around the Visitor Information Centre ("VIC") at Nambucca Heads.

 

As long term local tourism industry operators, we are acutely aware of the volume of visitors who attend the VIC and we are also aware that the presence of persons drinking alcohol within the current AFZ in earlier years had a serious detrimental effect upon how tourists and other visitors viewed our community.

 

We believe that the current restrictions have improved our community's image amongst tourists and that they have also protected the many volunteer and employee workers who operate the VIC and provide such a valuable service. Accordingly, we recommend that the current AFZ be re-established from 1 June 2014.

 

8    Police – Mid North Coast Area Command

 

In regards to the alcohol free zone in place in and around the Visitor Information Centre in Nambucca Heads the NSW Police Force currently supports this Zone as it discourages anti -social behaviour from persons consuming alcohol in and around the Information Centre.

 

During the summer period when alcohol consumption was at its highest the Mid North Coast Proactive team were able to enforce the zone and tip out alcohol which was being used irresponsibly in the zone which in turned discouraged anti-social behaviour.  Police often come across patrons who have left licensed venues congregating in this area and the alcohol free zone is a useful tool in preventing further issues by allowing police to tip out the alcohol.

 

9    Dorothy Harris

 

I have been a Volunteer at the Visitor Information Centre for about 10 years and have experienced firsthand the impression Tourists get if they arrive and there is unruly behaviour due to Alcohol Consumption in the area.  The Visitors do not stop they drive on.

 

As a Volunteer I too have had to endure some abuse from people under the influence and therefore would ask that Council continue to endorse an alcohol free zone around the Visitors Information Centre for the safety of staff and visitors.

 

10   Riverview Boutique Motel

 

We are fully agree, our Visitor Centre has to have Alcohol Free Zone, so need to re-establish the current Alcohol Free Zone for VC.

 

11   Joy Lane

 

I strongly support the retention of the Alcohol Free Zone surrounding the Visitor Information Centre, Nambucca Heads.  In the 1990's, when I was Tourist Officer, Jenny Ballangarry (a Volunteer) and I first raised concerns with the then General Manager, Tom Port, regarding the incidence of drinking and anti-social behaviour at the northern end of Brotherhood Park and around the VIC. Drunken behaviour including foul language, fighting and unacceptable toileting is not a good impression to present to visitors to our area. Added to this are safety concerns to visitors, those working at the VIC and pedestrians using the walkway - particularly the highway underpass.  It is essential that all visitors to the Nambucca Shire have a good impression and experience in our area and that residents and workers feel safe. Please re-instate the AFZ. 

 

12   Nambucca Valley Tourism Association Inc

 

I sincerely hope you re-establish the current Alcohol free zone for the following reasons:

 

·    This is a very important area for visitors and tourists as the VIC is situated there and it would not give a good impression of what to expect in our Valley.

·    The whole purpose of the VIC is to entice them to stay and add to our economy.

·    It is well documented that alcohol related violence; especially domestic violence is our single biggest crime issue in the Nambucca Valley. This behaviour reflects badly on our Tourist Industry and it suffers because of this.  The Nambucca Valley relies heavily on Tourism which is the second biggest Industry in the region.

·    There have been aggressive incidents in the Visitor Information Centre possibly fuelled by alcohol and this is one way we can try to control it.

·    We need to provide a safe and secure workplace for our volunteers and Maita in the Visitor Information Centre. This is most important and allowing the consumption of alcohol in the surrounding area will not improve the situation.

 

13   Judith Tobin

 

Please re-establish the Alcohol Free Zone around the Visitors Information Centre for everyone's safety and for the impression given to the visitors stopping in our town. We don't have enough Police to regulate the present alcohol- related activities and it would not benefit ANYONE to have this restriction removed. We need to encourage people to stay in our area by making their initial contact as pleasant as possible. We are so fortunate to have such a well-run Information Centre with outstanding volunteers headed by the extraordinary Maita. Let's do all we can to help.

 

14   Margaret Duffus

 

I am asking to Re-establish the current Alcohol Free Zone.  I want to have the current Alcohol Free Zone re-established with its existing boundaries (Option 1) for best first impression for visitors and of course my own safety when I am walking in that area & also when I am volunteering my time at the Visitor Centre.

 

15   Ian Watson, Nambucca Beach Holiday Park

 

I support the proposal that the alcohol free Zone around the Vic be re-established around the same area as previously approved.  It is essential that the Vic be in a safe area.  

 

16  
John Tait, Gordon Park Tennis Centre Committee of Management

 

On behalf of the Nambucca Heads Tennis Club, as a member of the NVTA, we would like to see the present alcohol free zone re-established to help keep the workers at the Visitor Centre safe and to ensure the best possible impression at one of the entry points to Nambucca Heads.

 

17   Rob Kennedy, Nambucca River Cruises & Houseboats

 

I am contacting you on this occasion to express my gratitude for the introduction of the Alcohol Free Zone around the Nambucca Tourist Information Centre. It has made this area safer and has far less alcohol fuelled incidents than before the zone was put in place June 2010.  It had been beneficial to this area and should be continued.

 

18   Bowraville and District Ex-Services Club

 

Bowraville & District Ex Services supports Option 1 for the Re-establish the current Alcohol Free Zone at Nambucca Heads Visitor Centre.

 

19   Nambucca Heads Local Aboriginal Land Council

 

The board of the Nambucca Heads Local Aboriginal Land Council met to discuss your request for submissions from Key Community groups and advise that the NHLALC supports the renewal of the Alcohol Free Zone.

 

Conclusions:

 

1        There is community and Police evidence that the existing AFZ has worked and should be re-established for a period of 4 years from June 2014.

 

2        The Zone should be re-established with current boundaries.  The neighbouring Bellwood Park is already “alcohol prohibited” under different Local Government Act provisions. 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Considerations for the environment are reduced littering and broken glass.

 

Social

 

Improved amenity and perception of safety.

 

Economic

 

One of the aims of an AFZ for this area is an improved town social environment where people will feel comfortable using footpaths and parks and conducting business.

 

Risk

 

There may be reduced exposure for Council as a result of anti-social and violent behaviour.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A small amount of funds are needed to cover changing the dates on existing signs which can be met by existing budgets. 

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Nothing identified.

 

Attachments:

1

8746/2014 - Signed petition from Volunteers of the Visitor Information Centre supporting the Alcohol Free Zone around the Centre

 

2

8904/2014 - Signed Petition No 2 from Volunteers of the Visitor Information Centre supporting the Alcohol Free Zone around the Centre

 

3

10099/2014 - Petition requesting re-establishment of Alcohol Free Zone areas around Visitor Information centre

 

  


Ordinary Council Meeting - 24 April 2014

Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

 


Ordinary Council Meeting - 24 April 2014

Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

 


Ordinary Council Meeting - 24 April 2014

Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

 


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.9      SF1759            240414         Nambucca Shire Libraries – Progress Report

 

AUTHOR/ENQUIRIES:    Tracey Ross, Senior Librarian         

 

Summary:

 

This report will update Council on the progress of the Nambucca Shire Council Libraries since January 2013, at which time progress was last formally reported to a meeting of Council. The Libraries continue to be in a period of establishment and consolidation of new and existing functions however staffing arrangements, current workloads and skills sets have been considered by the Senior Librarian. As a result of these considerations it is recommended that staffing resources, number of staff and allocated budget, remain at the current level. The reporting period cannot be considered a ‘normal’ period for the libraries as we have undertaken/continue to undertake several major projects, funded substantially by grant funding. These projects are:

 

·           The refurbishment of both branch libraries, to varying extent, with grant funding administered by the  State Library of NSW under the ‘Revitalising Regional Libraries’ program.

 

·           The acquisition of large print and ‘e-format’ resources, currently ongoing, with grant funding received as a result of a successful application (“Let’s Read Big and Loud”) under the Country Libraries Fund Grants Program. This annual grants program is administered by the State Library of NSW on behalf of the Library Council of NSW.

 

·           Resolution of the offsite storage problem by the acquisition and installation of a shipping container at the back of the Macksville Library Branch, this project is ongoing at this time.

 

·           Significant collection management tasks pertaining to the nature of the existing collection

 

·           Introduction of an ‘events’ program for both children and adults

 

·           Promotion of the library services throughout the community

 

 

Recommendation:

 

That the Council receive and note this progress report for the Nambucca Shire Council Libraries.

 

 

OPTIONS:

 

1        That Council note the progress report and adopt the recommendation stated above.        

2        That Council note the progress report and adopt different recommendations to those stated in this report.

 

 

DISCUSSION:

 

The period from January 2013 to April 2014 has been a very busy one for the Library staff, we have undertaken several large projects during this time as well as continuing to establish and consolidate the Nambucca Shire Libraries Service. The Senior Librarian has been in place for some eighteen months, having been appointed in late July 2012. During this time we have established the Nambucca Shire Libraries as a ‘stand-alone’ library service within our community, assessed and evaluated the collection, applied for and received two State Library Grants, resolved the ongoing ‘off-site storage’ issues and implemented a program of events within the libraries. This has been in addition to the normal daily functioning of the library service. To date the progress on these projects is:

 

·           using ‘Revitalising Regional Libraries’ Grant funding of $16,000 to which Council has added $10,000 of its own funds to undertake the following work:

·           Nambucca Heads Library has been refurbished by reorganising the layout of the library to establish reading areas in the adult and children’s areas of the library, maximising natural light and use of space. New furniture was purchased, ‘tub’ chairs for the adult reading area and a sofa for the children’s area to encourage parents and carers to read with children in the library. The library interior was painted, feature walls were included to ‘bring the outside environment into the library’. We relocated the area used for the public access PCs and installed a new computer bench that minimises the amount of space used by this facility. The Service Desk was refurbished and the internal entrance area tiled. Some new shelving was also purchased for the large print and non-fiction collections; 

 

·           Macksville Library has had a new purpose built Service Desk and a new computer bench installed; and

 

·           We have purchased new public access PCs for both libraries along with Windows 7 software packages. Previously both libraries were using only ‘free’ software, this proved to be a disadvantage to the general public but in particular to students who were unable to complete TAFE and University tutorial and assignment work in the libraries due to the lack of appropriate software.

 

·              using ‘Let’s Read Big and Loud’ Grant funding of $66,650 for the following:

 

·           the large print collection, somewhat neglected under Clarence Regional Libraries, has grown considerably. This collection is a large part of our overall collection and did not previously meet the needs of our disabled, elderly and sight-impaired library users. This collection also in large part provides for the needs of those readers who participate in our home library service. As a result of this grant funding we have been able to add some 39 large print books, both softcover and hardcover, and 7 audio books per month to the  collection;

 

·       the second component of this grant is to add an electronic collection to our existing paper collection. We are in the process of assessing and evaluating vendors for the provision of e-magazines, e-audio and e-books. We plan to launch this new service in June 2014. It is a major project, not only in the selection of suppliers, but in planning the delivery of service to our readers, including conducting tutorials for our readers in how to access this service. The grant allows us to contract out the initial delivery of tutorials, planned to be held over a month long period, but after this time existing staff and volunteers will ensure the ongoing tutorial needs of our library users.

 

·           the offsite storage needs of the libraries have been met by the acquisition and installation of a shipping container behind the Macksville Library. This has resolved the problems previously encountered by the temporary solution of storing library materials under the Nambucca Heads Library, an area prone to moisture, inadequate ventilation and workplace safety issues. The purchase of the shipping container has proven to be an economical and efficient solution to these issues. The remaining work is that of installing lighting and air circulation fans in the container.

 

·           the collection has been evaluated and significantly ‘weeded’ over the last twelve month period. The collection that we retained in the separation from the Clarence Regional Libraries was ‘tired’ and did not reflect the reading needs of our community. There were also a number of ‘gaps’ in series that were identified and have subsequently been filled. The library staff has devoted considerable time and effort in the selection of new titles and de-selection of very dated material across the entire collection, ranging from children’s picture books through to adult non-fiction material. We now have established a sound base from which we can continue to provide a dynamic library service, tailored to the needs of the Nambucca Shire demographic.

 

·           there was no program of events for the libraries in place. We have established a program of author visits to the libraries, where to date local authors discuss their books, the writing and publishing process. Authors have visited either Nambucca Heads or Macksville Library on a monthly basis since November 2013, some of these have been Trevor Lynch with his Nambucca Anzacs, Monika Joseph with Keep Moving: Tokyo to Cape Town by Motor Bike and Alison Buckley with Vashti: Queen of the Ancient Medes. It is intended that once this program is a little more established, events will be held on a bi-monthly basis. Storytime in both libraries is also progressing well, with Macksville Library in particular having in excess of 30 people (children and their parents/carers) attending on a weekly basis. These events are in addition to our commitment to ongoing literacy events such as Summer Reading Club, National Simultaneous Storytime, Library and Information Week, Children’s Book Week and Library Lovers Day, to name a few.

 

·           the Senior Librarian has been proactive in raising awareness of the Library services throughout the community with regular input to the community radio 2NVR segment ‘Talking Books’ hosted by Elizabeth Newman. A presentation was also recently given at a meeting of the Macksville Probus Club, liaison with both Riverside Gardens Retirement Village and Autumn Lodge activities officers is ongoing.  The libraries continue to host workshops in conjunction with ABC Open, there is a group which meets regularly in Macksville Library to participate in writing, photography and video ‘stories’ workshops.

 

·           staff have attended a number of training courses and participate in North East Zone NSW Public Libraries meetings at a number of levels (Managers Meetings through to Children’s and Young People meetings).

 

 

Staffing levels remain an area of concern however we are yet to experience ‘normal’ in the libraries, in that we have been consolidating the library service and expending grant funding throughout the period since separation. We have filled the vacant Library Assistant position, a total of 12.5 hours per week plus 3 hours every fourth Saturday and this has alleviated staffing concerns a little. Whilst at this point of time it is not proposed that additional staff will be required for the libraries it is strongly advised that there is no reduction in staff numbers or staff hours. The six permanent staff members, of which only the Senior Librarian works full-time hours, are performing a number of functions such as:

 

·           budget management

·           strategic planning of library services for the Nambucca Shire

·           collection development and management

·           acquisition of materials

·           cataloguing of materials

·           end-processing of materials

·           development and delivery of library programs and services

 

The effects of this increase in workload that becoming a ‘stand-alone’ library service has meant for the permanent staff members will continue to be closely monitored to ensure that the libraries continue to function at their current levels of service delivery without inflicting undue strain on staffing resources. The Nambucca Heads Library provides services to an average of 6,235 people per month (open 5.5 days per week) and Macksville Library provides services to 2,614 people per month (open 4 days per week). In the Council’s Community Satisfaction Survey conducted in 2010 the Libraries were rated of high importance with a high degree of satisfaction. This level of satisfaction is currently reflected in the increase in membership of the Library in the period July – December 2013 when compared to the same six month period in 2012:

 

·           Circulation has increased in:

§        Nambucca Heads Library by 597 items

§        Macksville Library by 591 items

 

·           Membership has increased by:

§        427 at Nambucca Heads Library

§        253 at Macksville Library

 

 

The Nambucca Shire Library membership is 55% of the total population, compared with the NSW state average of 44%, this reflects the importance placed on the Library service by the inhabitants of the Shire.

 

The robustness of the budget continues to be tested as we acquire materials and monitor the adequacy of staffing levels. As previously discussed, we have not as yet experienced a ‘normal’ funding period as we have been fortunate to be successful in our applications for grant funding. We continue to apply for library grants and this year have applied for a grant, ‘E is for Me’, to further develop our ‘e-collection’. The NSW Minister for the Arts announcement of the decisions of this year’s grant application considerations is expected in the next few weeks.

 

 

CONSULTATION:

 

The Manager Community and Cultural Services has been consulted in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report. It is of note however that the membership of the Nambucca Shire Libraries is some 10% above the NSW State average, a reflection of the importance of public library services to the people of the Nambucca Shire.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report if current staff levels and budgets are maintained.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no proposed change to the current budget for the Nambucca Shire Council Libraries.

 

Source of fund and any variance to working funds

As per the above, there is no proposed change to the current budget for the Nambucca Shire Council Libraries.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    24 April 2014

General Manager's Report

ITEM 9.10    SF1947            240414         Outstanding DA's greater than 12 months, applications where submissions received not determined from 15 March to 11 April 2014

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

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

134 public submissions

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

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

Meeting with applicant and planning agreed that Council would assess its section of the link road under Part 5 of the EPAA.  Concept plan for Link Road currently being prepared for assessment.  Will be exhibited with VPA.

Status report to Council meeting 16 October On-site briefing meeting held with JRPP 18 October 2013 – advice to be sought from applicant.

 

Report in Business Paper of 13 Nov 2013.

 

Please note that there is two 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

2013/092

29/08/2013

Health Services Facility & Subdivision

Lot 1 DP 1004209 & Lot 22 DP 1161807, Centenary Parade, Nambucca Heads

4 public submissions

 

·     Zoned community land and should be left that way.

·     Should be located closer to other health facilities or other appropriate zonings

·     Only one entry and exit road (Centenary Parade) therefore increasing traffic to area and can be dangerous with lots of school children. Issues with emergency evacuations

·     Parking an issue during carnivals etc

·     Little consultation into the development of this Health Care Centre - request for dialysis services to be included in the new centre

·     Existing levels and types of crimes already in area maybe exacerbated

·     Re-zoning costs borne by Council not required for alternate sites

·     Request for further consultation with police, schools, school bus providers and other primary health providers for another site

Matters pertaining to comments on the submissions particularly the type of health services provided and need for, car parking and traffic – Referred to Applicants Consultant

 

In principal support provided by Council.  LEP Amendment referred to DOP for consideration.  Conditions forwarded to applicant for consideration by the Crown.

 

Awaiting Planning Proposal and resolution of land sale

2013/170

18/11/2013

Boundary Adjustment, shed, operate depot

Lot 2 DP 881651, 296 Valla Road, Valla

11 public submissions

 

·     Land zoned Agricultural/Rural and this is to establish an Industrial enterprise

·     Industrial site planned for the Cow Creek area and this is where should be located

·     More than enough trucks on Valla Road especially with the application for the Valla Quarry being considered with more trucks

·     Applicant owns very large machinery

·     Increase in residential numbers over the past years therefore increase in vehicles and these will have to compete with industrial vehicles

·     Increase in noise and dust

·     If granted, potential to cause a decrease in the value of the land

·     Water issues – drains directly into Deep Creek and floods are observed frequently on this land

·     Air quality reduced by dust and toxics

·     Green fill would be odorous – comparable to a rubbish tip

·     Valla Road is not coping with current usage with pot holes – stone chips are common

·     No compatibility of the proposal to adjoining grazing properties

·     No mention of 2 operations involving use of concrete crusher and greenwaste tub grinder which is exceedingly noisy

·     Disagree with “development compatible with adjoining neighbours”

·     Feeders – running times and how monitored, location

·     No selling of materials – secondary aggregate is valuable commodity

·     Water pollution

·     Most properties in neighbourhood are rated Residential/Village Estate not compatible to industrial

·     Directors do not reside near property so removed from noise pollution

·     Visual amenity

·     Staff amenities not appear convenient for industrial use

·     Unsupported by adequate environmental impact studies

·     Council setting precedent for the use of vital agricultural land

Notification period extended for a further 14 days

Additional information requested

 

·     SOEE

·     Small vegetable garden near by

·     No adjoining properties have similar development – how compatible

·     Servicing of site for plant and vehicles – what petroleum being used and storage

·     Drainage bunded to prevent fuels into water table

·     What sort of clean fill

·     Recycled materials being used – what

·     ? weekday will allow for non impact crushing and plant operation

·     Construction of sediment ponds

·     Rubbish – increase in traffic

 

1 late submission

Applicant finalising information required

 

This application has been “called-in” for determination by Council

2013/186

18/12/2013

Dwelling & Shed Staged Development

Lot 42 DP 1179889, Grandis Glen, Congarinni North

1 public submission

 

·     Placement of aerated pits are parallel, and in very close proximity to neighbours southern boundary fence

·     Due to lay of land and location of pits any extra run off will impact on neighbours residence as pits located in natural waterway of dam and children swim in dam and animals drink the water

 

Planning Consultant addressing issues

2014/001

02/01/2014

Tourist Accommodation

Lot 3 DP 1035204, Seascape Place, Scotts Head

1 submission received and requested that content remain confidential

2013/183

12/12/2013

Part Collector Road

Lot 74 DP 832082, Marshall Way, Nambucca Heads

15 public submissions

·      Increased traffic flow

·      Large delivery trucks and semi-trailers driving up quiet street

·      Impact of traffic with older residents of area eg Osprey Villas and Farrington Village

·      Thought to be a closed road

·      Decrease in land and house values

·      Increased noise

·      Traffic from homes onto street causing traffic hazards

·      Road in poor condition

·      Short cuts to Waste Transfer Centre and to and from Bowraville and other facilities at Plaza and area

·      Concerned over Endangered Ecological Community Swamp Sclerophyll Forest

·      Even though no recorded sites of Aboriginal cultural heritage values with the property does not mean there are not any

·      120m away fence shows little respect for area given

·      Provision of screening does not satisfy “the Aboriginal People”

·      Concerns of the men of the Gumbaynggirr Nation to be taken into account and the Aboriginal Cultural Heritage Management Plan 2003

·      Playing Fields will be exposed to traffic

·      Endangered swamp area

·      A number of steep driveway accesses

·      Reduction of speed limit to 40km/h in vicinity of the Plaza and Medical Centre

·      Vehicles parked on both sides of road at Pre-School

·      Vehicles go round RoundaBout the wrong way

·      Negative effect on Koala population

·      Means to “backdoor” to earlier DA2012/11

·      Statement of Environmental Effects associated with Collector Road does not address traffic issues

·      Dispute Traffic Report which states that traffic will use Old Coast Road overpass as consider vehicles will use Marshall Way

·      Sell properties

·      Conflict of Interest

·      Acid Sulphate soils

 

Planning Consultant to work in house and provide report

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    24 April 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1875            240414         Investment Report To 31 March 2014

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2013 to 31 March 2014 is $1,285,906.92 (Cash Result)

Estimated Accrual interest up to 30.6.14 is $557,107.48.

Anticipated interest return for financial year is $1,843,014.40.

 

The budget allocation for the financial year “2013/14” is $1,511,000.

 

Council currently has $43.192 Million invested:

 

·               $5.740     Million with Managed Funds,

·               $1.707     Million with On Call Accounts

·               $35.231   Million on Term Deposits,

·               $0.514     Million in a Floating Rate Note.

 

This report details all the investments placed during March and Council funds invested as at 31 March 2014.

 

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 March 2014 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during March 2014 and Council funds invested as at March 2014.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2013/2014 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2013/2014 will be completed with the March 2014 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 will be assessed with the March 2014 Budget Review.  Variances have been distributed between the Water, Sewerage and General Funds for the first half of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    24 April 2014

Corporate Services

ITEM 10.2    SF251              240414         Schedule of Council Public Meetings

 

AUTHOR/ENQUIRIES:    Monika Schuhmacher, Executive Assistant/Business Services Unit         

 

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

24/04/2014

Utungun Hall – depart at 4.30 pm

5.30 PM

Water Supply Steering Committee

07/05/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Land Development C’tee

15/05/2014

Council Chambers

3.30 PM

Ordinary Council Meeting

15/05/2014

Council Chambers

5.30 PM

Access Committee

27/05/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

29/05/2014

Scotts Head SLSC – depart at 4.30 pm

5.30 PM

Water Supply Steering Committee

04/06/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Economic Directions C’tee

10/06/2014

Council Chambers

11.30 pm

Ordinary Council Meeting

12/06/2014

Council Chambers

5.30 PM

Access Committee

24/06/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

26/06/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

02/07/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

17/07/2014

Council Chambers

5.30 PM

Access Committee

22/07/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

31/07/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

06/08/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

14/08/2014

Council Chambers

5.30 PM

Access Committee

26/08/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

28/08/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

03/09/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Economic Directions C’tee

09/06/2014

Council Chambers

11.30 pm

Ordinary Council Meeting

11/09/2014

Council Chambers

5.30 PM

Access Committee

23/09/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

25/09/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

01/10/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

16/10/2014

Council Chambers

5.30 PM

Access Committee

28/10/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

30/10/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

05/11/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/11/2014

Council Chambers

5.30 PM

Access Committee

25/11/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/11/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

03/12/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

11/12/2014

Council Chambers

5.30 PM

 

Note:   Departure times to off-site meetings 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                                                                                                    24 April 2014

Corporate Services

ITEM 10.3    SF1031            240414         Adoption of Draft Policy - Rates Hardship

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

The purpose of this report is to consider the adoption of a Draft Rates Hardship Policy setting the parameters for the assessment of hardship applications in accordance with Sections 564, 567 and 601 of the NSW Local Government Act 1993.

 

A draft Rates Hardship Policy was presented for Council’s consideration at the meeting 30 January 2014.  The Draft has now been exhibited for public comment for 28 days and is represented to Council with a recommendation to adopt the Draft as policy.

 

Council at its meeting 10 April 2014 resolved:

 

That the Adoption of Draft Policy – Rates Hardships be deferred pending information regarding writing off of accrued interest on farmland

 

Additional information

There is no legal impediment to adopting a policy that includes farm land as eligible for interest relief.  An effective way of achieving this is to remove the provision that “land categorised for rating purposes within the residential category only” the attached draft policy has been so amended.  Such an amendment also allows relief for owners of commercial property that is also their primary place of residence.

 

 

Recommendation:

 

That Council amends the Draft Rates Hardship Policy as they see fit.

That Council adopts the amended Draft Rates Hardship Policy.

 

 

OPTIONS:

 

No policy is adopted or Council amends the draft policy before adopting it.

 

 

DISCUSSION:

 

No submissions have been received on the draft policy.

 

The NSW Local Government Act 1993 provides Council with three (3) options for providing assistance to ratepayers who are finding it difficult to pay their rates and charges because of financial hardship.

 

(1)  Sections 564 and 567 – Council can enter into payment agreements with ratepayers, who cannot meet their normal instalment payments as provided by the Act and may write off interest charges.

 

(2)  Section 582 – Council may waive or reduce rates, charges and interest due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.

 

Voluntary pensioner concessions (under Section 582 NSW LGA 1993) can be granted by Council with the amount of concession to be set by a Council resolution.

 

(3)  Section 601 – Any ratepayer who incurs a rate increase in the first year following a revaluation of land values can apply to Council for rate relief if the increase in the amount of rates payable would cause them substantial hardship.

 

Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable.

 

The Draft Rates Hardship Policy outlines how Council may help ratepayers who experience genuine financial difficulties to pay their rates and charges (financial hardship). The main objective of the Draft Rates Hardship Policy is to provide for the welfare of resident ratepayers and resident dependents and for the protection of their place of residency.

 

Guidelines released by the Local Government and Shires Associations (now Local Government NSW) in August 2011 recommended that the policy should cover:

 

-     Financial hardship resulting from certain changes in land valuation according to Section 601 of the NSW Local Government Act 1993;

-     All other instances of financial hardship; and

-     Reference to and/or include concessions available to pensioners under Section 575 of the NSW Local Government Act 1993.

 

The LGNSW guidelines state that the policy should distinguish and deal with residential, business and farmland ratepayers. Generally, commercially used properties (business, farmland) should be excluded from the policy. However, the policy should include arrangements for the scenario where the commercially used property is also used as a place of residency.

 

In accordance with the Act and taking into consideration the LGNSW guidelines, the attached Draft Rates Hardship Policy provides for the following hardship assistance:

 

(1)  Assistance by periodical payment arrangements (Section 564)

(2)  Assistance by writing off accrued interest and costs (Section 567)

(3)  Assistance due to general revaluation of the Local Government Area (Section 601)

 

The draft policy sets out the administrative process and the General Manager has the delegated authority to assess applications. In the first instance the application will be reviewed by the Hardship Committee appointed by the General Manager.

 

Reductions for eligible pensioners (Section 575 NSW LGA 1993)

 

Pensioners requesting a concession are required to submit an application on the prescribed form with the production of a current Pension Concession Card (or equivalent card for TPI and EDA pensioners) issued by Centrelink or the Department of Veterans Affairs.

 

Only eligible ratepayer pensioners are entitled to receive a pensioner concession against their rates and charges. The property for which a pensioner concession is sought must be the applicant’s sole or principal place of living.

 

Rate concessions are limited to the current rating year and two rating years prior to the application. Any component of the pension concession granted on any water usage account will be limited to the billing period in which the application is submitted.

 

Mandatory pensioner concessions (under Section 575 NSW LGA 1993) will be granted as follows:

 

-     50% of Ordinary Rates and Domestic Waste Management Service Charges up to a $250.00 maximum rebate.

-     50% of Water (special) Rates or Charges up to a maximum $87.50 rebate.

-     50% of Sewerage (special) Rates or Charges up to a maximum $87.50 rebate.

 

Voluntary pensioner concessions (under Section 582 NSW LGA 1993) can be granted by Council with the amount of concession to be set by a Council resolution.

 

 

CONSULTATION:                  

 

Manager Special Projects – Peter Wilson prepared the draft policy and initial report.

 

In addition to the statutory requirement for pensioner rebates, councils have adopted a Rates Hardship Policy.

 

Council resolved 11 December 2013, inter alia, “That Council not adopt (an additional voluntary) pensioner concession, under Section 582 NSW Local Government Act 1993, on the basis that the mandatory pensioner concessions already place a significant burden on council’s financial position, the majority of pensioners are subject to a Minimum Rate and the announcement of a lower than expected Rate Peg for 2014/15.”

 

The General Manager has the following Delegations of Authority:

 

·              To approve interest charges accrued pursuant to Council’s power under section 567 of the NSW Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person’s control or payment of the accrued interest would cause personal hardship.

 

·              To approve interest charges on current years rates and annual charges levied pursuant to Council’s powers under S564 of the NSW Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

 

·              To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council, except for the compulsory sale of land for unpaid rates.

 

·              To approve the disconnection of the water supply to a property for non-payment of water charges and to order the reconnection to the water supply.

 

IPART when assessing Council’s Special Variation Application is required to assess the impact on ratepayers. Factors considered include consideration of how the council’s hardship policy might reduce the impact on ratepayers.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications

 

Social

 

The availability of financial assistance by way of a Rates Hardship Policy assists eligible pensioners and others on low incomes in affording and remaining in their own home.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The financial impact of Nambucca Council’s current mandatory pensioner concessions (2013/14) are detailed in the following Table.

 

Pensioner Concessions

Ordinary

Water

Sewerage

Total

Number of ordinary rate assessments

9,249

 

 

 

Number of concessions granted 2013/14

2,403

1,785

1,588

 

Percentage of ordinary rate assessments

25.98

 

 

 

Claim 2013/14

$  574,050

$  157,900

$  133,167

$  865,117

Subsidy claimed (x 0.55)

$  315,727

$    86,845

$    73,242

$  475,814

Council costs

$  258,322

$    71,055

$    59,925

$  389,303

 

The writing-off of interest will reduce Council’s income from interest charges.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

Not applicable.

 

 

 

NAMBUCCA SHIRE 2023 COMMUNITY STRATEGIC PLAN ALIGNMENT:

 

This policy aligns with the following strategic direction within the Nambucca Shire 2023 Community Strategic Plan:

 

1.1  Citizen Engagement

 

Objective: The Council and its community support open government where public participation is encouraged not only in policy development and major decisions, but in the day to day administration of the Council.

 

 

Attachments:

1

10613/2014 - Rates Hardship Policy (2) (2)

 

  


Ordinary Council Meeting - 24 April 2014

Adoption of Draft Policy - Rates Hardship

 

 

 

 

 

NAMBUCCA  SHIRE  COUNCIL

RATES  HARDSHIP  POLICY

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

 

1.1     To provide assistance to ratepayers experiencing genuine substantial financial difficulties with the payment of rates and charges, and

1.2     To provide an administrative process to determine applications for financial hardship concessions.

1.3     To fulfil the statutory requirements of the NSW Local Government Act 1993 and NSW Local Government (General) Regulation 2005

 

2.0       Related legislation

 

The Local Government Act 1993 (the Act) provides Council with the following options to assist ratepayers with financial hardship:

 

1. Section 564 – Periodical Payment Agreements.

            (a) A Council may accept payment of rates and charges due and payable by a person in accordance with an agreement made with that person.

            (b) The Council may write off or reduce interest accrued on rates and charges if the person complies with the agreement.

 

2. Section 567 – Writing off of Accrued Interest.

The Council may write off accrued interest on rates and charges payable by a person if, in its opinion:

            (a) the person was unable to pay the rates and charges when they became due and payable for reasons beyond the person’s control, or

            (b) the person is unable to pay the accrued interest for reasons beyond the person’s control, or

            (c) payment of the accrued interest would cause the person hardship.

 

3. Section 577 – Extension of Concession to Avoid Hardship

This section deals with eligible pensioners and Council currently has an existing policy regarding the extension of the Pensioner Rate Rebate (concession) and it is not proposed to alter such policy.     

 

 

4. Section 601 – Hardship Resulting from Certain Valuation Changes

            (a) A ratepayer who, as a consequence of the making and levying of a rate on a valuation having a later base date than any valuation previously used by a Council for the making and levying of a rate, suffers substantial hardship, may apply to the Council for relief under this section.

            (b) The Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as it thinks fit.

             

Every three (3) years the Land and Property Information provide Council with a general revaluation of all properties within the shire for rating purposes, and this may result in substantial variations in the land value of properties.

 

 

3.0       Impact of Options Available to Council

 

It is not possible to determine the number of applications for financial assistance that Council would receive in any given year.

 

Any option provided in Council’s Hardship Policy that involves the writing off of interest or rates will have an impact on Council’s revenue for that year.

 

 

4.0       Hardship Policy

 

Part 1 – Hardship Committee

 

All applications for hardship will be reviewed by a hardship committee.  The hardship committee will comprise Council’s Assistant General Manager - Corporate, Rates Officer and Finance Officer - Revenue.

 

Applicants dissatisfied with the decision of the Committee may request a review by Council’s General Manager.

 

Part 2 – Periodical Payment Agreements (Section 564)

 

Council may agree to periodical payment arrangements for rates and charges, including water consumption, from the owner of any rateable property and provided the arrangement is maintained the Council will not commence legal action for recovery of overdue rates and charges.

 

Part 3 – Writing off of Accrued Interest (Section 567)

 

Whilst Council’s Debt Recovery Procedure includes various options in regard to arrangements, ratepayers may apply for further assistance in respect to rates levied on their principal place of residence.

 

Ratepayers suffering from genuine substantial financial hardship may apply to Council to have interest charges waived if they maintain payments in accordance with an arrangement.

 

Council will only waive interest charges accruing from the date of the arrangement and within the current rating/financial year. Interest charges previously raised will not be written off and must be paid in accordance with the arrangement.

 

 

Eligibility Criteria

1.   Available to ratepayers of land categorised for rating purposes within the residential category only.

2.   The property subject to the application must be the sole or principal place of residence of the owner/ratepayer.

3.   Ratepayers eligible for a pension concession rebate must have applied for the concession before a hardship application will be considered.

 

All payments received will be applied towards payment of those rates and charges in the order in which they became due, in accordance with Section 568 of the Local Government Act.

 

 

Part 4 – Increase in Rates Due To Valuation Increases (Section 601)

 

Any ratepayer satisfying the eligibility criteria set out below may apply to Council for assistance in payment of the current ordinary rate.

 

Council will provide assistance in the form of an extended arrangement for the payment of rates and charges and provided payments are maintained in accordance with such arrangement Council will waive interest charges in respect to such rates.

 

Eligibility Criteria

1.   Available to ratepayers of land categorised for rating purposes within the residential category only.

2.   The rated property must be the sole or principal place of residence of the owner/ratepayer.

3.   The percentage change in valuation for the property must be ten percent (10%) greater than the average percentage change for all properties in that sub-category subject to that rate. (eg, if the average increase in valuation for all properties subject to the Residential Town rate is fifteen per cent (15%) the increase on a single property will need to be Twenty five per cent ( 25%) or more to be eligible.)

4.   The maximum amount of relief under this section is $200.00

 

 

Ratepayers seeking assistance under this Policy will be required to complete an application form and supply all information requested.  The application form is available for download from the Council’s website (www.nambucca.nsw.gov.au) or can be collected from the Council’s administration office or mailed out.

 

All applications will be considered by Council’s Hardship Committee on a case by case basis.

 

 

 

 

 

 

 

 

 

 

 

 

Function:  Corporate Services

Area:  Finance

Responsible Officer: Rates Officer

 

 

Complied: 21/01/2014

Adopted

Last reviewed

 

 


Ordinary Council Meeting                                                                                                    24 April 2014

Assistant General Manager Corporate Services Report

ITEM 10.4    SF544              240414         Developer Contributions Report - Community Needs Study and Change to Works Schedule

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The Community Facilities and Public Open Space Contributions Plan 2008 is due for an overall review, as well as a new works schedule. It is proposed to appoint a consultant to conduct a community facilities and public open space needs study, at a value of $30,000, which will help identify future works required under the contribution plan.

 

Also in this report, the Nambucca Heads Surf Lifesaving Club has requested a change to the Surf Lifesaving Contribution Plan works schedule, to purchase an inflatable rescue boat (IRB) and motor instead of an All Terrain Vehicle (ATV).

 

 

Recommendations:

 

1        That Council approve the use of a consultant to conduct the community facilities and public open space needs study.

 

2        That Council approve the change to the works schedule in the current Surf Lifesaving Contribution Plan to enable the Nambucca Heads Surf Lifesaving Club to purchase an inflatable rescue boat (IRB) and motor instead of an All Terrain Vehicle (ATV).

 

3        The General Manager in consultation with the Grants and Contributions Officer and Manager Financial Services be provided with delegated authority to appoint a consultant from submissions received in response to a call for expressions of interest.

 

 

OPTIONS:

 

That Council not approve one or both of the above recommendations.

 

DISCUSSION

 

It is proposed to appoint a consultant to conduct a study into the Shire’s current and future community facilities and public open space needs. The main aim of the study is to inform the review of the Community Facilities and Public Open Space Contribution Plan 2008, specifically the development of the new works schedule, an integral part of the plan. The information gathered in the study will also be used in a range of other contexts, including community strategic planning under the Local Governm