NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

13 July 2017

 

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:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information. 

 

Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

 

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 - 13 July 2017

 

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 - 29 June 2017...................................................................................... 7

5        NOTICES OF MOTION  

6        PUBLIC FORUM

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.................................................................................... 28

9.2     Regional Growth Fund.................................................................................................... 32

9.3     Draft Master Plan for Thistle Park.................................................................................... 48

9.4     Councillor Expenses and Facilities Policy - Better Practice Template................................. 71

9.5     Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions..................................................................................................................................... 91

9.6     Development Applications greater than 12 months or where submissions received -  to 5 July 2017.................................................................................................................................... 107

9.7     2017 June - Development and Complying Development Applications Received............... 109

9.8     2017 June - Approved Construction and Complying Development Certificates................. 113

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings 2017..................................................................... 118

10.2   Scotts Head Tennis Club Committee of Management - Annual General Meeting - 29 June 2017    120

11      Assistant General Manager Engineering Services Report

11.1   Letter of Offer relating to RMS funding for highway handover from Nambucca Heads to Urunga 126    

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

12.1   Development of Council's 13 Lot Residential Subdivision at Hyland Park

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

 

Description: nambucca valley nsc

 

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 29 June 2017

The following document is the minutes of the Ordinary Council meeting held 29 June 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 13 July 2017 and therefore subject to change.  Please refer to the minutes of 13 July 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Susan Jenvey

Cr Brian Finlayson

Cr Janine Reed

Cr David Jones

Cr John Wilson

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Teresa Boorer (Grants Officer)

 

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM

 

 

 

PRAYER

 

Pastor Paul Richardson of the Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor S Jenvey declared a non-pecuniary - less significant conflict of interest in Item 5.2 Notice of Motion Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043 under the Local Government Act as Cr Jenvey is a casual patron of the business and has a casual relationship with the proprietor’s parents.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have made a submission on this Development Application.

 

Councillor B Finlayson declared a non-pecuniary – less significant conflict of interest in Item 9.3 Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach under the Local Government Act as Cr Finlayson has previously acted in a professional capacity for the applicant.

 

Councillor J Ainsworth declared a pecuniary significant conflict of interest in Item 9.5 Environmental Levy Quarterly Report and other project under the Local Government Act as Cr Ainsworth owns land adjacent to Gumma Swamp. Cr Ainsworth left the meeting for this item.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.9 Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee.

 


 

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.10 Modification of Development Consent DA2015/103 under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have made a submission on this Development Application.

 

Councillor R Hoban declared a non-pecuniary - significant conflict of interest in Item 12.1 in Closed  Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work under the Local Government Act as prior to Cr Hoban becoming a Councillor she assisted the person with a court case.  There is also a close personal relationship between her family and another party.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 June 2017

307/17 RESOLVED:        (Smyth/Wilson)

 

That the minutes of the Ordinary Council Meeting of 15 June 2017 be confirmed with the following amendments:

 

Page 11  - 9.5 – 2nd point – “purchases” to read “purchaser”

Page 17 – in title – “Deliver” to read “Delivery”.

 

 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

5.2     Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street,

          Valla Beach – DA 2015/043

i         Jessica Waddell The Beach House Providore - Valla Beach

 

9.3     Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

i         Ceri Wrobel

ii        Geoff Smyth

 

9.10   Modification of Development Consent DA2015/103

i         Jeff Unwin

ii        Elwyn Lock

iii       Andrew Moran

 

11.4   World Rally Road Damage and effect on Maintenance Program

i         Geoff Brown

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              290617      Notice of Motion - Wires Mid North Coast Branch Sponsorship Request

  MOTION:    (Hoban/Jenvey)

 

That Council determine what if any level of support it is prepared to provide.

 

amendment:       (ainsworth/Smyth)

 

That the Council donate $200 to Wires Mid North Coast Branch.

 

The amendment was carried and it became the motion and it was:

 

308/17  Resolved:       (Ainsworth/Smyth)

 

That the Council donate $200 to Wires Mid North Coast Branch.

 

 

Jessica Waddell, The Beach House Providore - Valla Beach addressed the Council and her speaking notes are on file 24042/2017.

 

NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF2303              290617      Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043

309/17 RESOLVED:        (Smyth/Reed)

 

1        That a Review be undertaken of the operating hours for The Beach House Providore, 4 Thompson Street, Valla Beach, DA 2015/043, as per Condition 2a of the Modified Consent.

 

2        That the results of the Review be reported back to Council for determination.

 

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.3      SF2303              290617      Notice of Motion - Conflict Arising from Horticulture Development in the Nambucca Shire

310/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive a further report relating to options for preventing conflict arising from horticultural development within the Shire.

 

 

Delegations continued

 

Ms Ceri Wrobel addressed the Council making the following points:

·    Living in a sensitive local area

·    Buffer zones included to wetlands and reserves

·    Concerns relating to run off

·    Cars parking across reserves

·    Flora and Fauna zones reduced to 40m buffer zone instead of 50m

·    Endangered species in the area

·    Wish to retain the village lifestyle

·    Felling of additional trees allows increased highway noise

Mr Geoff Smyth was available to answer any questions.

 

 

That Item 9.3 be brought forward.

 

 

 

ITEM 9.3      DA2017/020        290617      Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

311/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/020 for a 66 Lot Residential Subdivision of Lot 176 DP 1190467 – Seaforth Drive, Valla Beach subject to the schedule of conditions outlined in Attachment 2 of this report.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Jones, Reed, Wilson

                                      (Total 6)

Against the motion:         Councillors Smyth, Jenvey (Total 2)

 

 

 

 

Delegations continued

 

Mr Jeff Unwin addressed the Council making the following points:

·    No change in modification

·    Condition No 3 – will Council accept independent Geotechnical report?

·    Would like to do own Geotech report at own expense

·    Noise test –will be tested insitu at site

·    Can soil test in Condition 13 be carried out at own expense

·    No 7 – relocate road – why not Club do as required

·    Moran Road was upgraded – Mayor and General Manger advised that this was a planned routine grading

 

 

Mr Elwyn Lock addressed the Council making the following points:

·    Toilet system – will  install Council approved system

·    Covering the range with plastic sheeting – no other target shooting range that has plastic covering over the range

·    Projectiles hitting will go to ground

·    Ground baffles to catch any projectile fired lower than target

·    Dig holes through plastic – negate need for plastic covering

·    Soil and water testing – ph value of site is unknown

·    Advised to test soil ph after earth works carried out and then bring ph level to normal reading (if required)

·    Noise – last thing Club wants is to disturb the neighbours – noise test in open and complied

·    Will cover both ends and back (if required)

 

Mr Andrew Moran addressed the Council making the following points:

·    Born and bred in Missabotti

·    Director of Moran Enterprises

·    Morans Road is a public road

·    Photo taken in 1942 different landscape to today

·    Land and Environment Court – Newbry test – the test is fair and reasonable

·    Talked to many professionals and is well informed

·    Waiver of Indemnity

·    Range cleared in 1942

·    Range is not being used for shooting at present

·    Increased volume of traffic on the road – less now than in previous years

·    Airstrip used to be utilised heavily but not now

·    Is there any need for a traffic management plan?

·    Log truck road

·    Right of carriage way – drop condition – letter of Indemnity will satisfy council

·    Quarry Condition 14 – not urban area

·    No need for a Bush Fire Evacuation Plan

·    Hydrological report – report sent to Council

 

 

 

 

ITEM 9.10    DA2015/103        290617      Modification of Development Consent DA2015/103

312/17 RESOLVED:        (Ainsworth/Reed)

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/103 in accordance with the conditions contained within attachment 4 except that the last dot point in Condition No. 41 refer to a .44 calibre magnum rifle.

 

For the motion:                         Councillors Ainsworth, Finlayson, Wilson, Reed, Hoban

                                      (Total 5)

Against the motion:         Councillors Smyth, Jones and Jenvey

                                      (Total 3)

 

 

DELEGATIONS continued

 

Geoff Brown addressed the Council making the following points:

·    Live in Talarm and directly on route of Rally

·    Subjected to a lot of damage - property damage and road damage

·    Sends invoices to Rally Australia but they are not be paid

·    Support Recommendation 3

·    Risk to residents is air pollution during events

·    Clogged filters of swimming pool

·    Water tanks – dust filled filters

·    There is a large cost to local businesses

 

 

ITEM 11.4    SF2195              290617      World Rally Road Damage and effect on Maintenance Program

  MOTION:    (Smyth/Jones)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00, and places this money into Working Funds, to offset part of the above costs.

 

3        That Council adopt the position of not supporting the continuance of the Rally in the Shire and not provide financial nor in-kind support to it being held.

 

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00 towards the debt, and places this money into Working Funds, to offset part of the above costs.

 

3        That the Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to council roads and unresolved claims from private property owners along the route.

 

The amendment was carried and it became the motion and it was:

 

313/17  RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00 towards the debt, and places this money into Working Funds, to offset part of the above costs.

 

3        That the Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.

 

 

The meeting was adjourned at 8.00 pm.

The meeting resumed at 8.37 pm.

 

 

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                290617      Outstanding Actions and Reports

314/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 


 

 

ITEM 9.2      SF25                  290617      Request for Donation - Scotts Head Sports Field Committee of Management

315/17 RESOLVED:        (Jenvey/Reed)

 

That Council approve a Section 356 donation of $1000, from the Donations Budget 2017/2018, to assist the committee with line marking costs for the Scotts Head Sports fields.

 

 

 

 

9.3  Dealt with under Delegations

 

 

 

ITEM 9.4      SF2306              290617      Conversion of Coastal Zone Management Plan to a Coastal Management Plan to support estuary management actions

316/17 RESOLVED:        (Smyth/Wilson)

 

1        That Council accept the funding offer of $25,000 from the Office of Environment and Heritage to support the conversion of our Coastal Zone Management Plan and Estuary Management Plan to a Coastal Management Plan to support estuary management actions.

 

2        That subject to the availability of funds, Council allocate an amount of $20,000 from the Environmental Levy Reserve to support the preparation of the Coastal Management Program. This, combined with $7,000 of in-kind input from Council, to a project valued at $52,000, represents Council’s 50:50 contribution to the $25,000 grant funded by Office of Environmental Heritage.

 

 

 

 

Cr Ainsworth left the meeting for Item 9.5 at 8.39 pm and returned after the conclusion of the Item at 8.44 pm.

 

ITEM 9.5      SF688                290617      Environmental Levy Quarterly Report and other project

317/17 RESOLVED:        (Reed/Finlayson)

 

1        That Council note the status of the projects documented in this report.

 

2        That Council note and endorse the anticipated revotes identified in this report.

 

 

 

 


 

ITEM 9.6      PRF79                290617      Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head

318/17 Resolved:        (Finlayson/Ainsworth)

 

That the proposed Section 355 Committee of Management for Public Land in Adin Street, Scotts Head be deferred and that Councillors receive a copy of the nominations including the background for each delegate for the Committee.

 

 

 

 

ITEM 9.7      SF2293              290617      Development Applications greater than 12 months or where submissions received -  to 20 June 2017

319/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.8      SF1148              290617      Council Ranger's Report May 2017

320/17 RESOLVED:        (Reed/Ainsworth)

 

That Council’s Ranger’s report for May 2017 be received and noted by Council.

 

 

 

 

 

ITEM 9.9      SF2306              290617      Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan

321/17 RESOLVED:        (Finlayson/Smyth)

 

1        That Council accept the funding offer of $15,400 from the Local Government NSW to support the implementation of some actions identified in the DRAFT Management Plan for the Flying-fox camp at Gordon Park, Nambucca Heads.

 

2        That subject to the availability of funds, Council allocate an amount of $3,800 from the Environmental Levy Reserve to support the implementation of the actions. This, combined with $15,400 of in-kind input from Council, to a project valued at $34,600, represents Council’s 50:50 contribution to the $15,400 grant funded by LGNSW.

 

 

 

 

9.10  Dealt with under Delegations

 

 


 

 

ITEM 9.11    SF2307              290617      Fixing Country Roads Program 2017/18 - Applications Open - Possible Projects

322/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council note that Round 3 of the Fixing Country Roads Program opened for applications on 14 June 2017.

 

2        That Council note the 3 possible application projects for Fixing Country Roads Program, being:

 

          (i)      Upgrade of Lower Buckrabendinni Road, Buckra Bendinni – as previously resolved – to be funded as 1/3 Council, 1/3 residents and 1/3 application for Fixing Country Roads funding;

          (ii)      Upgrade of the road from Deer Hill Road to Hanging Rock Road, Buckra Bendinni –     this will be an application for 100% under the Fixing Country Roads Program;

          (iii)     Application for 50% of the Council’s costs for replacement of Lanes Bridge, Bowraville         being $500,000 – applied for the matching funding of $1,000,000 under the Bridges      Renewal Programme in May 2017;

 

 

 

 

 

ITEM 9.12    SF1154              290617      Integrated Planning and Reporting Framework - 2017-2021 Resourcing Strategy - Workforce Plan

323/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council adopt the Workforce Plan as part of the Integrated Planning and Reporting Framework’s 2017-2021 Resourcing Strategy.

 

 

 

 

 

ITEM 9.13    SF113                290617      Union Picnic Day - Thursday 7 September 2017 - Closure of Work Sites

324/17 RESOLVED:        (Wilson/Finlayson)

 

1        That Council note the closure of the following on Thursday 7 September 2017 for Union       Picnic Day:

 

          Administration Centre

          Macksville Library

          Nambucca Heads Library

          Waste Management Facility

 

2        That the closure of the worksites be advertised in the local papers, on Council’s website and         at the entrances to the worksites well in advance of the proposed closure.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2130              290617      Making of Rates and Charges 2017/2018

325/17 RESOLVED:        (Ainsworth/Finlayson)

 

1          Council resolves that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2017/2018 is made at one hundred and thirty six dollars ($136.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and forty four dollars ($544.00) for a 40mm connection, eight hundred and fifty dollars ($850.00) for a 50mm connection, two thousand one hundred and seventy six dollars ($2,176.00) for a 80mm connection and three thousand four hundred dollars ($3,400.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and thirty six dollars ($136.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and eighty four cents ($2.84) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          Council resolves that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2017/2018 is made at six hundred and three dollars ($603.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and twenty eight dollars ($228.00)  for 20mm or 25mm connection, nine hundred and twelve dollars ($912.00) for 40mm connection, one thousand four hundred and twenty five dollars ($1,425.00) for 50mm connection, three thousand six hundred and forty eight dollars ($3,648.00) for 80mm connection and five thousand seven hundred dollars ($5,700.00) for 100mm connection, per connection for each assessment; and two hundred and twenty eight dollars ($228.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and twelve cents ($3.12) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          Council resolves that in accordance with Section 501 of the Act, the waste management tip provision charge for 2017/2018 is made at one hundred and forty seven dollars ($147.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          Council resolves that in accordance with Section 496 of the Act, the annual charge for 2017/2018 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $543.00, where “A” equals the annual charge, “B” equals the number of occupancies and $543.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and forty three dollars ($543.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Civic Services Coordinator. Owners of secondary dwellings with a gross floor area of up to 60 square metres will have the option of a second domestic waste service.

            A waste management ‘tip provision’ annual charge of one hundred and forty seven dollars ($147.00) for the year 2017/2018 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          Council resolves that in accordance with Section 496 of the Act the annual charge for 2017/2018 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2017/2018 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and nineteen dollars ($519.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $519.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $519.00 is the unit price.

 

7          Council resolves that in accordance with Section 501 of the Act the annual charge for waste for 2017/2018 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

8          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

9          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

10         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

11         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at one hundred dollars ($100.00) then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

12         Council resolves that a rate of zero point zero zero five seven six six dollars ($0.005766) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2017/2018, subject to a minimum rate of five hundred and thirteen dollars ($513.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

13         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

14         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

15         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

16        Council resolves that a rate of zero point zero zero seven nine six eight dollars ($0.007968) on the land value of all rateable land in the rating category “Business” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

17        Council resolves that for the year 2017/2018 all rateable land previously in the rating category “Business”, sub category “Caravan Park”, is moved to the “Business” sub-category “Ordinary” and rated in accordance with Item 16.

 

18        Council resolves that a rate of zero point zero one one nine zero four dollars ($0.011904) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

19        Council resolves that a rate of zero point zero zero seven five seven dollars ($0.00757) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

20      Council resolves that a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars and fifty five cents ($20.55) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one four four dollars ($0.000144) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2017/2018. The base amount will produce approximately forty seven point three eight percent  (47.38%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

21        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

22        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and eighty cents ($1.80) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

23        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and eighty cents ($1.80) per kilolitre or fourteen dollars and forty eight cents ($14.48) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

24        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and fifteen cents ($1.15) per kilogram for Excess Mass, is made for the year 2017/2018 pursuant to Section 502 of the Act.

 

25        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

26        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Caravan Dump Effluent Disposal, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and forty three dollars ($143.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty two dollars ($52.00) per 1000L, is made for the year 2017/2018 pursuant to Section 501 of the Act.

 

27        Council resolves that an annual charge of one hundred and eighty dollars ($180.00) for On-site Sewer Management Systems (OSSMS) operated in the high risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 1”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

28        Council resolves that an annual charge of fifty five dollars ($55.00) for On-site Sewer Management Systems (OSSMS) operated in the medium risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 5”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

29        Council resolves that an annual charge of thirty dollars ($30.00) for On-site Sewage Management Systems (OSSMS) operated in the low risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 10”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

30        Council resolves that an interest rate of 7.5% per annum is set for the year 2017/2018, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

 

ITEM 10.2    SF1618              290617      Community Strategic Plan 2027

326/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council adopt the Draft Nambucca Shire Council Community Strategic Plan 2027 as amended.

 

Recommended amendment is an addition to Section 3.2 “To investigate partnerships and programs to promote healthy ageing”.

 

 

 

 

ITEM 10.3    SF1618              290617      Nambucca Shire Delivery Program 2017-2021

327/17 RESOLVED:        (Finlayson/Jenvey)

 

That Council adopt the Draft Nambucca Shire Council Delivery Program 2017-2021 as amended.

 

 

 

 

 

ITEM 10.4    SF2246              290617      Draft Operational Plan 2017-18

328/17 RESOLVED:        (Ainsworth/Reed)

 

1          Council note the changes to the draft Operational Plan 2017-18 made post Council’s 11 May Meeting.

 

2          That the Purchase of a “tilt bull blade” attachment for the maintenance grader for $22,000 be included in the operational plan.

 

3          That the purchase of a new 4WD Single cab ute for inspection of on-site sewer systems for $32,000 be included in the operational plan.

 

4          Council adopt the draft Operational Plan 2017-18 as amended.

 

 

 

 

 

ITEM 10.5    SF2246              290617      Draft Revenue Policy (Fees and Charges)

329/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopted the draft 2017-18 Revenue Policy (Fees and Charges) as amended.

 

 

 

 

 

ITEM 10.6    SF2246              290617      Draft Long Term Financial Plan 2017-2027

330/17 RESOLVED:        (Reed/Wilson)

 

That Council adopt the Draft Long Term Financial Plan 2017-2027.

 

 

 

 

 

ITEM 10.7    SF1120              290617      Grant Application Status Report

331/17 RESOLVEDS:      (Finlayson/Wilson)

 

That Council receive the list of grant applications to 20 June 2017.

 

 

 

 

 

ITEM 10.8    SF251                290617      Schedule of Council Public Meetings 2017

332/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

 

 

ITEM 10.9    SF1415              290617      Minutes of the Audit Risk and Improvement Committee Meeting - 14 June 2017

333/17 RESOLVED:        (Wilson/Reed)

 

That Council note the Minutes of the Audit Risk and Improvement Committee.

 

 

 

 

Assistant General Manager Corporate Services Report - LATE

ITEM 10.10   SF1618              290617      Additional Submission on Community Strategic Plan 2027

334/17 RESOLVED:        (Ainsworth/Reed)

 

That Council note the submission on the Community Strategic Plan from the Scotts Head Community Group Inc.

 

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF511                290617      Stocktake Reconciliation for Works Depot Store ending 30 June 2017

335/17 RESOLVED:        (Ainsworth/Finlayson)

 

That following the end of year stock take reconciliation Council write the following bridge timber materials back into stores with the respective values as follows:

 

Stock No

Stock Name

Variation

Value $

401

  7m Bridge girder

7

7350.00

404

10m Bridge girder

5

9936.51

405

11m Bridge girder

2

4812.33

422

11m Bridge pile

3

2937.00

427

18m Bridge pile

4

9720.00

442

  7m Concrete bridge deck

2

11892.08

 

 

 

46647.92

 

 

 

 

 

 

ITEM 11.2    SF1676              290617      Capital Works - Anticipated revotes at 30 June 2017

336/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council receive and note the information and receive a further report on the 2016/17 Capital Works at the end of July 2017 following finalisation of invoices.

 

 

 

 


 

 

ITEM 11.3    SF90                  290617      Nambucca Shire Traffic Committee Meeting Minutes - 6 June 2017

337/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to hold a Hot Rod Display and Billy Cart Derby between 8.00am and 2.00pm on Friday 29 September 2017 as follows:

 

·           High Street, Bowraville – George Street to Young Street

 

2        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to conduct the annual Hot Rod Display between 8.00am and 1.00pm on Saturday 30 September 2017 as follows:

 

             ·           Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

 

3        That Council notes the following information has been received for both the above 2 events:

 

             ·           Certificate of Currency for Public Liability Insurance

             ·           Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

             ·           Police and Roads and Maritime Services approval for the road closures.

 

4        That Council retain existing unregulated arrangements for parking on the corner of Boat Harbour Road and Williams Hill Road and contact offending truck drivers requesting they stop using this facility.

 

5        That Council Install No Stopping signs at the Intersection of Thompson Street and Valla Beach Road, Valla Beach to reinforce the No Stopping Road Rule.

 

 

 

 

11.4  Dealt with under Delegations

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

338/17 RESOLVED:        (Reed/Wilson)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

 

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2289              290617      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                290617      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

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.

 

 

Mayor, Cr Hoban declared an interest and left the meeting and Deputy Mayor Cr Ainsworth took the Chair.

Cr Hoban left the meeting for Item 12.1 at 9.48 pm and returned after the conclusion of the Item at 9.53 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 12.1.

The Mayor resumed the Chair at 9.53 pm.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.47 pm.

 

RESUME IN OPEN MEETING

339/17 RESOLVED:        (Ainsworth/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.20 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2289              290617      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work

340/17 RESOLVED:        (Finlayson/Jenvey)

 

That Council note the legal advice from the Marsdens Law Group and take no further legal action in relation the matter.

 

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                290617      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

341/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla be deferred for one month to investigate development costs.

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.20 pm. 

 

Confirmed and signed by the Mayor on 13 July 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

             


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager

ITEM 9.1      SF959              130717         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

 

JULY 2011

1

SF1031

21/7/11

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

 

GM

31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.

 

DECEMBER 2013

 

2

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.

Report produced.

Media release issued before 13 November Council meeting.

Second media release issued 20 May 2015.

Third media release issued 30 November 2015.

 

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.

 

7/3/17 – discussed with AGMES – awaiting IT to provide a report from Authority which identifies all capital expenditure items.

 

2/7/17 – spreadsheet has been prepared for 2017/18 capital works program for Council’s website.

 

 

AUGUST 2015

 

3

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 

22 March 2017: AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

OCTOBER 2015

 

4

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

 

AUGUST 2016

 

5

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

 

AGMCS

To be discussed with Auditors.

 

JANUARY 2017

 

6

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

 

GM

Report May 2017

15/05/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

 

7

SF1134

12/01/17

There be a further report to Council when there has been some substantive progress in the matter (Council land behind NEOC) or in 6 months’ time, whichever occurs first.

 

GM

Report July 2017

 

FEBRUARY 2017

 

8

SF2094

9/02/17

Council defer the sale of its land at Hyland Park and investigate the cost of undertaking the development itself.

 

GM

Amos & McDonald to be engaged to review development consent (subdivision plan) and following that to prepare a project budget for consideration by Council.

 

18/3/17 – Amos & McDonald not available.  Quote now being sought from De Groot & Benson Pty Ltd.

 

 

MARCH 2017

 

9

SF2303

16/03/17

That Council provide locality signs at the village of Taylors Arm.

 

AGMES

Sign to be erected and review of other localities to be undertaken.

 

10

SF474

16/03/17

That Council support & fund a new tourism website etc.

 

MCD

18/3/17 - Contractor being engaged.  Availability of required staff resources being assessed.

 

2/5/2017 – Quote accepted and website template being developed – this will take approximately 6 weeks

 

 


 

11

SF2230

16/03/17

Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Water Cycle Management Plan

 

AGMCS

18/3/17 – Report late 2017

 

12

SF2303

30/3/17

Council seek further advice from Mr Miles as to ways Council may be able to connect with the veterans either formally or informally on the Nambucca River leg (Operation Pilgrimage)

 

MCD

3/5/2017 – Further investigation being undertaken

22/6/2017 – Contact has been made with Mr Miles.  There are 7 veterans involved with Operation Pilgrimage.  The MCD is awaiting information from Mr Miles confirming dates and the assistance which Council might be able to provide.

 

APRIL 2017

13

LF6505

13/04/17

Council again request the RMS to construct the road connection to Florence Wilmont Drive on the basis that the RMS has created the situation and that the Minister’s assistance be sought.

 

GM

1/5/17 - Letter sent

 

18/5/17 – Further meeting with head of Pacific Highway requesting funding for the connection as a consequence of Old Coast Road be severed and made a dead end road.  Awaiting response.

MAY 2017

14

SF1541

25/05/17

That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.

 

GM

31/05/17 – Report in October 2017

15

SF818

25/05/17

That Council write to DPI Water requesting a meeting to pursue the licence amendment (for the Bowra Dam).

 

AGMES

31/05/17 – Awaiting response to request

16/06/17 – Letter sent to DPI Water

JUNE 2017

16

SF2303

15/06/17

In consultation with Finance staff the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements.  Consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread & opportunities for efficiencies in process & removal of duplication.

 

GM & AGMCS

Report in July 2017


 

17

DA2017/028

15/06/17

That further investigation be made into properties affected so as to flag within each 149 certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

 

GM

Report in July 2017

18

DA2015/43

29/06/17

That a review be undertaken of the operating hours for The Beach House Providore, Valla Beach as per condition 2a of the modified consent.

 

GM

Report in August 2017

19

SF2303

29/06/17

Council receive a further report re options for preventing conflict arising from horticultural development.

 

GM

Report in July 2017

20

SF2195

29/06/17

That Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.

 

GM

Report 31 August 2017.

21

PRF79

29/06/17

That the proposed S355 Committee of Management for public land in Adin St, Scotts Head be deferred and that Councillors receive a copy of the nominations including the background for each delegate to the Committee.

 

GM

Report in July 2017

22

SF1676

29/06/17

Council receive a further report on the 2016/17 capital works at the end of July 2017 following finalisation of invoices.

 

AGMES

Report in July 2017

23

SF600

29/06/17

That the expression of interest to purchase Council’s Valla land be deferred for one month to investigate development costs.

 

GM

Report 27 July 2017

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.2      SF731              130717         Regional Growth Fund

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That the information concerning the programs under the Regional Growth Fund be received.

 

2        That any proposals from Councillors for projects which meet the program requirements be forwarded to Council's Grants Officer so they may be considered in the preparation of grant applications.

 

 

OPTIONS:

 

Council will have options as to the funding applications it makes.  However at this stage the report is for information and there are no options.

 

 

DISCUSSION:

 

The NSW Government is now gearing up to deliver part of its budget windfall in asset sales and stamp duty to regional NSW via recently announced funding programs being the “Regional Growth Fund” and the “Stronger Country Communities Fund”.

 

The media release from the Member for Oxley is attached.

 

As indicated in the attached brochure the Regional Growth Fund is made up of a number of programs as follows:

 

Connecting Country Communities – program opens late 2017

To invest in communications infrastructure and deliver regional voice and data connectivity.  This fund will build and upgrade mobile base stations, connect businesses to global markets and schools with innovative learning resources.

 

Regional Sports Infrastructure – program opens July 2017

To foster the benefits of sport in communities.  This fund will invest in new and existing venues to improve the participation and performance in sports at all levels.

 

Growing Local Economies – program opens July 2017

To develop the enabling infrastructure to grow regional centres.  This fund will invest in crucial projects needed to support job creation and economic growth in regional NSW.

 

Resources for Regions – program opens July 2017

To support job creation and economic growth in mining communities in regional NSW.

 

Regional Cultural Fund – program opens July 2017

To deliver investment to support bold and exciting regional arts and culture.  This fund will encourage the rich diversity of the regions, build tourism potential and support young people.

 

Stronger Country Communities Fund – program opens July 2017

To support councils and community groups in delivering crucial local infrastructure to improve quality of life. This fund will support local projects such as upgrades to community facilities and playgrounds.

 

CONSULTATION:

 

There has been consultation with Council's Manager Business Development and Council’s Grants Officer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

As always with competitive grant programs there are risks. One perennial risk is having appropriately sized grant applications to meet the available funding. Given the available funds, if the funding request is too large then the council will miss out. Conversely if Council staff “pitch” the funding request too low then the council will also miss out on funding which may have been available.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary impacts.

 

Source of fund and any variance to working funds

 

At this stage there is no impacts on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level or resourcing implications.

 

Attachments:

1

23749/2017 - Regional Growth Funding Announcement

 

2

23762/2017 - Regional-Growth-Fund-brochure

 

  


Ordinary Council Meeting - 13 July 2017

Regional Growth Fund

 

Monday June 26, 2017  

 

$1.3 BILLION TO BOOST REGIONAL ECONOMIES

 

Two landmark infrastructure funds specifically for Regional NSW have been launched.

 

As part of the NSW Budget, the NSW Government developed the Regional Growth Fund and the Stronger Country Communities Fund, which together represent $1.3 Billion for key transport, energy and water projects, and community and cultural facilities.

 

Member for Oxley, Melinda Pavey MP, said the Regional Growth Fund represents a new, more streamlined and responsive approach to investment in New South Wales.

 

“We’re looking for projects that will promote local economic growth and benefit the whole community, and we will work together to make it happen.”

 

Deputy Premier, John Barilaro MP, said the Regional Growth Fund will support projects like building or upgrading power, transport and telecommunications links; improving water and sewerage services; enhancing voice and data connectivity and upgrading sporting facilities.

 

“These programs will ensure regional NSW communities can grow their economy and have the same access to services and facilities as people living in cities,” Mr Barilaro said.

 

“In the coming months, I will be travelling around regional NSW and hosting a series of workshops to explain how the Regional Growth Fund can benefit each region, and more importantly to listen to your ideas.”

 

The new Stronger Country Communities Fund will invest in projects that involve building new community facilities and refurbishing existing facilities.

 

Mrs Pavey said substantial funds will be available in each local government area.

 

“The NSW Government is seeking projects valued up to $1 million, or higher if there is a significant financial co-contribution, over the next two years.

 

“Public assets – like school facilities, libraries, parks, walking and cycle pathways, health centres, country halls and showgrounds – contribute to the social fabric of our wonderful region, and help foster connectedness and town pride.

 

“This new fund is the ideal opportunity to benefit from the significant investment the Government is making in rural and regional NSW,” Mrs Pavey said.

 

Mr Barilaro said the $1.3 billion announced in this Budget brings the total set aside for regional NSW from Restart NSW to $9.1 billion, which to date has prioritised $70 million for upgrading regional airports and $155 million towards fixing local roads.

 

Fund opening dates and guidelines are available at:

 

www.nsw.gov.au/regionalgrowth.

 

www.nsw.gov.au/strongercountrycommunities.

 

 

MEDIA: Oxley Electorate Office 6562 6190


Ordinary Council Meeting - 13 July 2017

Regional Growth Fund

 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.3      PRF44              130717         Draft Master Plan for Thistle Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

There are a number of significant issues with the Master Plan (Concept Design Option 4) as prepared and it will require a significant revision.

 

 

Recommendation:

 

1     The General Manager be provided with delegated authority to engage a consultant to review the concept design option for Thistle Park taking into consideration the opinions expressed in the submissions and this report for the further consideration of Council.

 

2     That a proposal and budget for the review of the Concept Design Option 4 be the subject of a further report to Council.

 

 

OPTIONS:

 

Council has complete discretion in relation to the development of Thistle Park.

 

 

DISCUSSION:

 

At Council’s meeting on 11 May 2017 it was resolved:

 

1        That Councillors provide the General Manager with any comments on the concept design option 4 for Thistle Park within 14 days for further consideration and reporting to Council.

 

2        In the absence of any comments from Councillors that the Concept Design Option 4 be advertised for public comment for 28 days including direct referrals to adjoining and adjacent property owners as well as the Nambucca Valley Cricket Association.

 

Subsequently by letter dated 1 June 2017 adjoining and adjacent property owners were provided with 28 days to make submissions on the draft master plan.

 

By way of background Thistle Park was owned by the Department of Education and Training but was purchased by Council in 2009 for $25,000 following community concern about the proposed sale of the redundant future public school site on the open market.

 

At the time the land was acquired by Council there was considerable negotiation with the Department in relation to its classification and restrictions as to its future use.  It was agreed that the land be classified as operational, but with restrictions that the land not be used for a non-government school and that any part of the land not be on-sold without the approval of the Minister for Education and Training.

 

It was resolved that Council offer the Nambucca Valley Cricket Association a 20 year lease of the land at nominal rental, subject to them being responsible for all insurances and maintenance.  Advice as to the offer of a 20 year lease was conveyed to the Cricket Association in a letter in July 2009 but it appears that no further action occurred.

 

In 2009 It was also resolved that Council suggest to the Nambucca District Cricket Association that the field be named the “Phillip Hughes Oval”.  Of course this occurred before Phillip’s tragic and untimely passing so the suggestion now has some poignancy.

 

As the land is classified as “operational land” under the Local Government Act there is no requirement for the preparation of a plan of management which would normally pertain to parks which are classified as “community land”.  Similarly because of the “operational land” classification there is no constraint on council entering into a long term lease with the Nambucca Valley Cricket Association for the use and development of the land.

 

The draft Master Plan which was circulated to property owners is attached

 

Council has now received 7 submissions and a petition containing 22 signatures. A copy of the submissions and petition is attached.

 

A response to the matters raised in the petition and submissions is as follows.

 

Resident Issues

Response

1.  Petition

As residents of the Nambucca Shire we object to the selling off of any part of Thistle Park or Donnelly Welsh Playing Fields.

 

Disagree.  As a principle the Council should be able to utilise the land it owns to provide the best outcome for its residents.  This does not mean Council retaining ownership of all land for all time.  When the Thistle Park land was acquired the council deliberately classified it as operational land so that it would have the flexibility  to consider options of selling part of the land to assist in financing improvements and to reduce maintenance costs.

 

2. Petition

We object to blocking off rear access to residents of East Street who back onto Donnelly Welsh Playing Fields.

 

Agree.  The Master Plan shows some trees planted across the existing unconstructed rear access to these properties.  All properties should retain their rear access as it has always existed and is frequently used.  The location of the rear access is shown on the attached plan.

 

3. Petition

We object to blocking off rear access to the residents of River Street and East Street who back onto Thistle Park.

 

Agree.  The properties adjacent to Thistle Park along East Street and River Street have an unconstructed Council (night soil) lane, approximately 6m wide adjoining their rear boundary.  It is apparent that the lane is used by most property owners for occasional or regular rear access.  All properties should retain their rear access as it has always existed and is frequently used.

 

4. Petition

We object to any Cricket Nets being built close to any residents home or put in a place that makes the area look unsightly.

 

Disagree.  The proposed two cricket nets are approximately 40 metres from the closest existing dwelling.  They are only likely to be used intermittently and are consistent with the use of the Park as a cricket venue for both practice and warm ups.  The advice from the Cricket Club is that the nets have to be oriented to avoid batsman and bowlers looking into a setting sun.

 

5. Petition

We object to a car park being built near or on top of a tidal salt water creek when plenty of parking already exists down Dudley Street.

 

Agree.  The proposed car park straddles the creek and the design seems impracticable.  Vehicular access to the shed at the rear of No. 13 East Street is also required and which is not provided for in the draft Master Plan.

6. Joan Dawkins

My only objection to the Park plan is the location of the overflow parking, and the maintenance shed which will make necessary the increased use of the lane leading off River Street which is very close to both properties each side of the lane.  Both garages open off that lane

 

Agree but not for the reasons listed.  The proposed car park is relatively small and with the laneway access will be relatively expensive to construct.  For reasons of cost and legibility it would be beneficial for the parking to be located in one location, presumably Dudley Street, rather than being in disaggregated locations across the site.

7. Joan Dawkins

With no proper drainage at the back of our properties to handle overflow, this becomes very wet.  There is need for further drainage in that area.  Perhaps a pipeline into the East Street large drain which is only metres away.

 

Agree.  Drainage is an issue but given the floodplain nature of the site and its surrounds, it will probably never be satisfactorily resolved such that water no longer ponds in very wet weather.

8. Alma Cameron

It does not indicate the existence of the laneway at the rear of my property and also that of my neighbours.  I would strongly object to any curtailment of the access of our vehicles to our properties via this laneway.  I would like to see a new plan drawn so that the existence of the laneway is definitely indicated.

 

Agree

9. Alma Cameron

Query the need for the overflow car park and suggest that more tree planting would be a better option.

 

Agree.  I also query the cost/benefit of the proposed overflow parking and the poor legibility of having disaggregated parking.

10. Alma Cameron

I am pleased to see that there is a plan to improve the drainage in the area of the Laneway as this has been a problem in the past.

 

Disagree.  The draft Master Plan provides for drainage basins and wetland plants and will not improve the trafficability of the lanes and could even make them worse.

11. Russ Holloway

The existing access lane must be retained.

 

Agree

12. Russ Holloway

The existing access lane along side of 38 (River St) is obviously too narrow for access by the general public.  The people with rear access from their property must be maintained.

 

Agree but not for the same reasons.  The 6m wide (night soil) lane providing a connection between Thistle Park and River Street is wide enough for public (vehicular) access but for reasons of cost and legibility it would be beneficial for the parking to be located in one location,

13. Russ Holloway

The open drain from Dawkins Park, between East Street and River Street will have to be filled in with 6 foot diameter pipes.

 

Agree this would be required to construct the proposed car park

14. Russ Holloway

The swamp area at the north side of the oval should be drained to the west open canal.

 

Disagree.  The very large expenditure which would be required for this is not warranted given other drainage priorities in the LGA.

15. Russ Holloway

The proposed cricket nets should be repositioned to the proposed overflow parking spaces to the North West of the oval.

Disagree.  The advice of the cricket club is that the alignment of the practice nets as shown is preferred to avoid the glare from the setting sun.

16. Russ Holloway

The layout of the oval is good and in general I approve.

Noted

17. Dianne & Michael Simpson

On the whole we are happy with the prospect of supporting funding and any progress to the fields.

 

Noted

18. Dianne & Michael Simpson

Our main concern is that as we are a residential area … we do not wish to have access to Thistle Park through the side of our house.  It should be noted that there is already an access off East Street into Dudley Street & we believe this should continue to be the main access.  It would be suggested that all parking be in one area near the clubhouse & historically cricket goers have parked on the southern side of the oval – we feel this should continue.

 

Agree that the parking should be consolidated in one location instead of several and the logical place is along Dudley Street.  Disagree that the public laneway off River Street should not be used for any access as it is already used for rear access by the properties fronting River Street.

19.  Robin Maloney

Has disagreement with (lack of) access to 13 East Street purchased last November … rear section is across creek backing onto park.  Has built garden shed/car port on land (at rear) at great cost (exempt development)

Agree.  Vehicular access needs to be provided to the rear of No. 13 East Street (as is the case for other properties fronting River Street and East Street). 

20.  Claire Watt

Great concerns regarding the building of a car park directly behind my property.  Grow & eat food from the garden adjoining the access lane & to create a car park would be detrimental to our wellbeing… The access land … is important to be maintained.  Any development increasing traffic here would also add to erosion and negative affects to protected Mangrove forest.

 

Agreed that for the reasons of cost and legibility the car parking should be consolidated in one location, presumably along the Dudley Street frontage.

 

21. Daniel Ledger (for Cricket Club)

Notes that the likelihood of the car park in the northern corner is small & not a big concern if taken off the plan.

 

Agree

22. Daniel Ledger (for Cricket Club)

The main reason for the location of the nets is the sun and the location of the new club house.

 

Noted

23. Daniel Ledger (for Cricket Club)

Want to move forward with the construction of the nets.

 

Noted

 

Other Issues

 

Besides the matters raised in the submissions there are other issues matters identified in the investigation which need to be considered.  These are set out in the following table.

 

A. Location of Sewer

There is a sewer which extends from south to north, passing through Lot 12 which is identified for sale and also under the front of the proposed clubhouse.  The location of the sewer is shown on an attachment.  The sewer is located at a depth of approximately 3 metres and is on a flat grade.  It will be significant expense to relocate a sewer at such depth and at a flat grade to the extent that it is not considered worthwhile to contemplate the sale of Lot 12.

 

B. Floor plan and elevation for clubhouse

The master plan will be the basis for grant applications by Council.  Whilst it’s not necessary to have fully detailed building plans for the proposed clubhouse it would be desirable to have an agreed floor plan and front elevation to assist in the documentation and costing of a grant application and to reduce future delays and disagreements in relation to its delivery.

 

C. Landscaping

Again whilst a detailed landscape plan is not required, it would be desirable to have some computer generated perspectives of the implemented master plan to assist in documenting and securing the required grants.

 

Summary

 

There are a number of significant issues with the Master Plan (Concept Design Option 4) as prepared and it will require a significant revision.

 

 

CONSULTATION:

 

There has been consultation with the adjoining and adjacent property owners and the Cricket Club.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

If the master plan is endorsed and it becomes the trigger for on-going investment for the enhancement of Thistle Park as a premier cricket facility, then it is important that a long term lease be finalised to firstly provide the Nambucca Valley Cricket Association with surety of continuing use and secondly to try and avoid Council being responsible for any additional maintenance and depreciation of the assets which are constructed at the facility.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the budgetary impact is unknown.  Given the location of the sewer it does not seem that Council will realise any value from the suggested land sale.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The resourcing implications relate to the time spent reporting on concept plan.

 

Attachments:

1

15540/2017 - Thistle Park Option 4

 

2

24717/2017 - Dudley Street Cadastral Plan

 

3

22997/2017 - Submission - Alma Cameron

 

4

24123/2017 - Submission - Dianne and Michael Simpson

 

5

24713/2017 - Submission - Claire Watt

 

6

24715/2017 - Submission - Daniel Ledger

 

7

24716/2017 - Dudley Street Sewer Line

 

8

25467/2017 - Redacted Submission - No 1

 

9

25471/2017 - Redacted Submission - No 2

 

10

25472/2017 - Redacted Submission - No 3

 

11

25474/2017 - Redacted Submission - No 4

 

  


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 

Item 9.6     PRF 44    110517      Thistle Park Master Plan

 

Dear Sir,

In regards to the above proposal, Concept Design Option 4, I would like to submit my comments.

Although I welcome improvement for the existing cricket pitch and have no objection to the nets being placed where proposed, I do however have great concerns regarding the building of a carpark directly behind my property.

This would cause an increase in traffic to a residential area that is used for domestic purposes. We grow and eat food from the garden adjoining the access lane area and to create a carpark in this vicinity would be extremely detrimental to our wellbeing.

A drainage basin with wetland plants would be within line with the permaculture of this area, but to incorporate any facility that would encourage an increase in traffic, specifically vehicles, would be unfavourable.

The access lane for this residential area is important to be maintained even though it is used minimally and only by residents that are adjoining. Any development increasing the traffic here would also add to erosion and negative affects to the protected Mangrove forest directly below.

I trust that this is all taken into consideration when the final decisions are made.

Respectfully

Claire Watt (5 East Street Macksville)


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 

Hi Michael,
I am writing in response to the letter about the Thistle park upgrades.
I have been talking with a few of the local residence who’s houses connect to the grounds as does mine. They all appear to be in favour of the upgrades with the exception of not wanting the car park in the northern corner as it will increase traffic down the small lane from river st. The likelihood of that car park is small and as President of the cricket club can say that it is not a big concern if it is taken off the plan. We would like to be able to put a small shed there to store fertilisers and fuel away from the club  house which would have a very small if any increase in traffic in the lane way.
The only other concern is from the one resident who is closest to the location of the new nets. The objection as I understand is that the view would be blocked and increased noise and people near their house. This is a cricket ground and as the town and sport grows so to will the sport. The block next door to be sold would also block the view making the objection point minimal. 
The cricket association has put a great deal of thought into the location of the nets. The main reasons for the location of the net is the sun and the location of the new club house. The batter and bowler cannot look into the sun as it is dangerous with the cricket ball travelling at high speed vision is vital, which is why all cricket pitches face the same direction.
The sun will set behind the club house in the afternoon so the sun will not be in the eye of the scores or team members and most spectators watching the game from the club house. The cricket nets need to be near the club house as it is not practical and actually  silly set up to have teams puyt their pads on then walk all the way to the location of the present nets on the other field.
To add other nets in a location near the present nets would be dangerous as younger players do not watch senior cricketers hitting the ball at high high speed. The idea of the improving these grounds is to improve the sport and participation from locals and attract other teams from all over the state.
The location of the nets was decided upon in consultation with all the local teams as this is the main ground used in the area as it is the only turf wicket outside of Coffs Harbour. Visiting teams all comment on the quality of our grounds and these improvements will go along way towards making our ground the best grounds between Newcastle and Queensland.
We are very passionate about our sport and our grounds and all of the cricket community hope that this master plan be allowed to be adopted with only minor changes to the car park location. The objections of one resident who bought next to a cricket field should not hold back the usability of the grounds that have been used and produced some great cricketers for our country.
We are wanting to move forward with the construction of the nets as we have approached the parents of Philip Hughes and they are keen to have the renaming of the ground done. It is the hope of the association of invite Cricket Australia and cricket NSW alone with the mayor and other delegates such as yourself to the first game of the season and rename the grounds at that time. We will not be doing that unless the nets are completed and the ground is looking it’s best.
Regards
Daniel Ledger 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


 


 


Ordinary Council Meeting - 13 July 2017

Draft Master Plan for Thistle Park

 


 


 


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.4      SF42                130717         Councillor Expenses and Facilities Policy - Better Practice Template

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That the draft Councillors Expenses and Facilities Policy be advertised for public submissions for a period of at least 28 days.

 

2        That the Office of Local Government be of Council’s concerns about the template arrangements for the Mayoral vehicle and Council’s reasons for not adopting the template recommendations.

 

 

OPTIONS:

 

Council has options in relation to the provisions in the template policy.

 

A council need not give public notice of a proposed amendment to its policy if the council is of the opinion that the proposed amendment is not substantial.

 

Whilst it is defensible that the changes proposed to Council’s existing policy are not substantial, given the proposed increase in the allowance for ICT expenses and also the proposed “non-adoption” of the provisions pertaining to the use of the Mayoral vehicle it is recommended that the draft policy be placed on public exhibition inviting public submissions for a period of at least 28 days.

 

 

DISCUSSION:

 

The Office of Local Government (OLG) has circulated a better practice Councillor Expenses and Facilities Policy template.  The circular from the OLG is attached.

 

Under section 252 of the Act, councillor expenses and facilities policies must be adopted within 12 months of the commencement of the new council term.  Once exhibited and adopted, the policy must be made publicly available on the council website.

 

Council’s policy on the payment of fees, expenses and provision of facilities to councillors was last reviewed in May 2016 and therefore requires review prior to September 2017.

 

Council’s existing policy has now been incorporated in the template policy which is attached.

 

Section 253 of the Act requires that the council must give public notice of its intention to adopt or amend this policy allowing at least 28 days for the making of public submissions. Before adopting or amending the policy, the council must consider any submissions made within the time allowed and make any appropriate changes to the draft policy or amendment.

 

A council need not give public notice of a proposed amendment to its policy if the council is of the opinion that the proposed amendment is not substantial.

 

The template policy promulgated by the OLG does propose to make one substantive change to the way this Council has conducted its affairs.  It proposes that the Mayor keep a log book of all travel in the mayoral vehicle, including travel for private benefit.  It then proposes that the mayoral allowance be reduced to cover the cost of any private travel recorded in the log book, calculated on a per kilometre basis by the rate set by the Local Government (State) Award.

 

These arrangements are not supported for several reasons.  Firstly there is no FBT payable on the Mayor’s vehicle.  Secondly the Mayor is expected to be available to answer constituent queries and invariably receives them regardless of whether the planned trip is business or private.  Whether the Mayor is grocery shopping, attending a doctor’s appointment or a sporting fixture there is an expectation they will attend to their civic duties.  This doesn’t seem to be recognised by the OLG with the unrealistic presumption that the time allocated to civic responsibilities can be neatly corralled from the person’s personal life.  Thirdly there is a finance cost associated with the allocation of expenses from a log book.

 

With the template policy the opportunity has been taken to recommend a doubling of the allowance provided to Councillors for ICT expenses.  Increasingly large amounts of data are being downloaded to Councillors IPads.  Constituents are also sending more data via email.  To offset Councillors’ expenses in maintaining their digital communications, it is recommended that the current allowance of $40 per month be increased to $80 per month.

 

Given the proposed increase in the allowance for ICT expenses it is recommended that the draft policy be advertised for public submissions for a period of at least 28 days.

 

 

CONSULTATION:

 

There has been no consultation in the preparation of the report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic impacts.

 

Risk

 

Adopting the better practice template will reduce risk to Council, particularly if governance policies be subject to audit.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The resourcing implications are restricted to the preparation of this report.

 

Attachments:

1

24850/2017 - Councillors Expenses and Facilities Policy Circular

 

2

24861/2017 - Draft Councillors Expenses and Facilities Policy

 

  


Ordinary Council Meeting - 13 July 2017

Councillor Expenses and Facilities Policy - Better Practice Template

 


 


Ordinary Council Meeting - 13 July 2017

Councillor Expenses and Facilities Policy - Better Practice Template

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

COUNCILLORS EXPENSES AND FACILITIES 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.’

 

 

 

 


Ordinary Council Meeting - 13 July 2017

Councillor Expenses and Facilities Policy - Better Practice Template

 

Contents

Policy summary

Part A – Introduction

1.  Introduction

2.  Policy objectives

3.  Principles

4.  Private or political benefit

Part B – Expenses

5.  General expenses

6.  Specific expenses

7.  Insurances

8.  Legal assistance

Part C – Facilities

9.  General facilities for Councillors

10.  Additional facilities for the Mayor

Part D – Processes

11.  Approval, payment and reimbursement arrangements

12.  Disputes

13.  Return or retention of facilities

14.  Publication

15.  Reporting

16.  Auditing

17.  Breaches

Part E – Appendix

Appendix I – Related legislation, guidance and policies

Appendix II – Definitions

 


 

Policy summary

This policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties.

It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this policy.

The policy has been prepared in accordance with the Local Government Act 1993 (the Act) and Local Government (General) Regulation 2005 (the Regulation), and complies with the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to Mayors and Councillors in NSW.

The policy sets out the maximum amounts council will pay for specific expenses and facilities. Expenses not explicitly addressed in this policy will not be paid or reimbursed.

The main expenses and facilities are summarised in the table below. All monetary amounts are exclusive of GST.

 

Expense or facility

Maximum amount

Frequency

General travel expenses

Not applicable.  Councillors will be reimbursed for travelling to and from meetings of Council or meetings of any committee of Council or meetings of any organisation to which a Councillor has been appointed as a delegate or any other activity which has been authorised by Council.  Travel by private motor vehicle will be reimbursed at the kilometre rate applicable in the Local Government (State) Award.

Per year

Interstate, overseas and long distance intrastate travel expenses

Not applicable.

Per year

Accommodation and meals

As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually

Per meal/night

Professional development

$2,500 per councillor and $3,500 for the Mayor except where a resolution of Council allows these budget limits to be exceeded.

Per year

Conferences and seminars

Included in professional development.

Per year

ICT expenses

$960 per councillor

Per year

Carer expenses

$500 per councillor

Per year

Home office expenses

Nil

Per year

Postage stamps

Nil

Per year

Christmas or festive cards

Nil

Per year

Access to facilities in a Councillor common room

Nil

Not relevant

Council vehicle and fuel card

Provided to the mayor

Not relevant

Reserved parking space at Council offices

Nil

Not relevant

Furnished office

Provided to the mayor

Not relevant

Number of exclusive staff supporting Mayor and Councillors

Nil

Not relevant

Additional costs incurred by a councillor in excess of these limits are considered a personal expense that is the responsibility of the councillor.

Councillors must provide claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

Part A – Introduction

1. Introduction

1.1.    The provision of expenses and facilities enables councillors to fulfil their civic duties as the elected representatives of Nambucca Shire Council.

1.2.    The community is entitled to know the extent of expenses paid to councillors, as well as the facilities provided.

1.3.    The purpose of this policy is to clearly state the facilities and support that are available to councillors to assist them in fulfilling their civic duties.

1.4.    Council staff are empowered to question or refuse a request for payment from a councillor when it does not accord with this policy.

1.5.    Expenses and facilities provided by this policy are in addition to fees paid to councillors. The minimum and maximum fees a council may pay each councillor are set by the Local Government Remuneration Tribunal as per Section 241 of the Act and reviewed annually. Council must adopt its annual fees within this set range.

2. Policy objectives

2.1.    The objectives of this policy are to:

Ÿ  enable the reasonable and appropriate reimbursement of expenses incurred by councillors while undertaking their civic duties

Ÿ  enable facilities of a reasonable and appropriate standard to be provided to councillors to support them in undertaking their civic duties

Ÿ  ensure accountability and transparency in reimbursement of expenses and provision of facilities to councillors

Ÿ  ensure facilities and expenses provided to councillors meet community expectations

Ÿ  support a diversity of representation

Ÿ  fulfil the council’s statutory responsibilities.

3. Principles

3.1.    Council commits to the following principles:

Ÿ  Proper conduct: councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions

Ÿ  Reasonable expenses: providing for councillors to be reimbursed for expenses reasonably incurred as part of their role as councillor

Ÿ  Participation and access: enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as acCouncillor

Ÿ  Equity: there must be equitable access to expenses and facilities for all councillors

Ÿ  Appropriate use of resources: providing clear direction on the appropriate use of council resources in accordance with legal requirements and community expectations

Ÿ  Accountability and transparency: clearly stating and reporting on the expenses and facilities provided to councillors.

4. Private or political benefit

4.1.    Councillors must not obtain private or political benefit from any expense or facility provided under this policy.

4.2.    Private use of council equipment and facilities by councillors may occur from time to time. For example, telephoning home to advise that a council meeting will run later than expected.

4.3.    Such incidental private use does not require a compensatory payment back to council.

4.4.    Councillors should avoid obtaining any greater private benefit from Council than an incidental benefit. Where there are unavoidable circumstances and more substantial private use of council facilities does occur, councillors must reimburse the council.

4.5.    Campaigns for re-election are considered to be a political benefit. The following are examples of what is considered to be a political interest during a re-election campaign:

Ÿ  production of election material

Ÿ  use of council resources and equipment for campaigning

Ÿ  use of official council letterhead, publications, websites or services for political benefit

Ÿ  fundraising activities of political parties or individuals, including political fundraising events.

Part B – Expenses

5. General expenses

5.1.    All expenses provided under this policy will be for a purpose specific to the functions of holding civic office. Allowances for general expenses are not permitted under this policy.

5.2.    Expenses not explicitly addressed in this policy will not be paid or reimbursed.

6. Specific expenses

General travel arrangements and expenses

6.1.    All travel by councillors should be undertaken using the most direct route and the most practicable and economical mode of transport.

6.2.    Each councillor and the Mayor may be reimbursed as per the table for General Travel Expenses and Professional Development for travel expenses incurred while undertaking official business or professional development or attending approved conferences and seminars within NSW. This includes reimbursement:

Ÿ  for public transport fares

Ÿ  for the use of a private vehicle or hire car

Ÿ  for parking costs for Council and other meetings

Ÿ  for tolls

Ÿ  by Cabcharge card or equivalent

Ÿ  for documented ride-share programs, such as Uber, where tax invoices can be issued.

6.3.    Allowances for the use of a private vehicle will be reimbursed by kilometre at the rate contained in the Local Government (State) Award.

6.4.    Councillors seeking to be reimbursed for use of a private vehicle must keep a log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim.

Interstate, overseas and long distance intrastate travel expenses

6.5.    In accordance with Section 4, Council will scrutinise the value and need for councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the council and the local community. This includes travel to sister and friendship cities.

6.6.    Total interstate, overseas and long distance intrastate travel expenses for all councillors will be capped at a maximum of $0 per year unless specifically approved by a Council resolution.

6.7.    Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the general manager and a full council meeting prior to travel.

6.8.    Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval of, a full council meeting prior to travel.

6.9.    The case should include:

Ÿ  objectives to be achieved in travel, including an explanation of how the travel aligns with current council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the councillor’s civic duties

Ÿ  who is to take part in the travel

Ÿ  duration and itinerary of travel

Ÿ  a detailed budget including a statement of any amounts expected to be reimbursed by the participant/s.

6.10.  For interstate and long distance intrastate journeys by air of less than three hours, the class of air travel is to be economy class.

6.11.  For interstate journeys by air of more than three hours, the class of air travel may be premium economy.

6.12.  For international travel, the class of air travel is to be premium economy if available. Otherwise, the class of travel is to be economy.

6.13.  Bookings for approved air travel are to be made through the general manager’s office.

6.14.  For air travel that is reimbursed as council business, councillors will not accrue points from the airline’s frequent flyer program. This is considered a private benefit.

Travel expenses not paid by Council

6.15.  Council will not pay any traffic or parking fines or administrative charges for road toll accounts.

Accommodation and meals

6.16.  In circumstances where it would introduce undue risk for a councillor to travel to or from official business in the late evening or early morning, reimbursement of costs for accommodation and meals on the night before or after the meeting may be approved by the general manager. This includes where a meeting finishes later that 9.00pm or starts earlier than 7.00am and the councillor lives more than 50 kilometres from the meeting location.

6.17.  Council will reimburse costs for accommodation and meals while councillors are undertaking prior approved travel or professional development outside the Mid North Coast.

6.18.  The daily limits for accommodation and meal expenses within Australia are to be consistent with those set out in Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually.

6.19.  The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the general manager, being mindful of Clause 6.19.

6.20.  Councillors will not be reimbursed for alcoholic beverages.

Refreshments for council related meetings

6.21.  Appropriate refreshments will be available for council meetings, council committee meetings, councillor briefings, approved meetings and engagements, and official council functions as approved by the general manager.

6.22.  As an indicative guide for the standard of refreshments to be provided at council related meetings, the general manager must be mindful of Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually.

Professional development

6.23.  Council will set aside $2,500 per councillor and $3,500 for the mayor annually in its budget to facilitate professional development of councillors through programs, training, education courses and membership of professional bodies.

6.24.  In the first year of a new council term, Council will provide a comprehensive induction program for all councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding.

6.25.  Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the councillor’s civic duties, the councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member.

6.26.  Approval for professional development activities is subject to a prior written request to the general manager outlining the:

Ÿ  details of the proposed professional development

Ÿ  relevance to council priorities and business

Ÿ  relevance to the exercise of the councillor’s civic duties.

6.27.  In assessing a councillor request for a professional development activity, the general manager must consider the factors set out in Clause 6.27, as well as the cost of the professional development in relation to the councillor’s remaining budget.

Conferences and seminars

6.28.  Council is committed to ensuring its councillors are up to date with contemporary issues facing council and the community, and local government in NSW.

6.29.  Council will set aside a total amount of $2,500 per councillor and $3,500 for the mayor annually in its budget to facilitate councillor attendance at conferences and seminars. This allocation is for all councillors. The general manager will ensure that access to expenses relating to conferences and seminars is distributed equitably.  Note:- this is not additional funding to that identified for professional development.

6.30.  Approval to attend a conference or seminar is subject to a written request to the general manager. In assessing a councillor request, the general manager must consider factors including the:

Ÿ  relevance of the topics and presenters to current council priorities and business and the exercise of the councillor’s civic duties

Ÿ  cost of the conference or seminar in relation to the total remaining budget.

6.31.  Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences approved by the general manager. Council will also meet the reasonable cost of meals when they are not included in the conference fees. Reimbursement for accommodation and meals not included in the conference fees will be subject to Clauses 6.18-6.21.

Information and communications technology (ICT)  expenses

6.32.  Council will provide or reimburse councillors for expenses associated with appropriate ICT devices and services up to a limit of $960 per annum for each councillor. This may include mobile phones and tablets, mobile phone and tablet services and data, and home internet costs.

6.33.  Reimbursements will be made only for communications devices and services used for councillors to undertake their civic duties, such as:

Ÿ  receiving and reading council business papers

Ÿ  relevant phone calls and correspondence

Ÿ  diary and appointment management.

6.34.  Councillors may seek reimbursement for applications on their mobile electronic communication device that are directly related to their duties as a councillor, within the maximum limit. 

Special requirement and carer expenses

6.35.  Council encourages wide participation and interest in civic office. It will seek to ensure council premises and associated facilities are accessible, including provision for sight or hearing impaired councillors and those with other disabilities.

6.36.  Transportation provisions outlined in this policy will also assist councillors who may be unable to drive a vehicle.

6.37.  In addition to the provisions above, the general manager may authorise the provision of reasonable additional facilities and expenses in order to allow a councillor with a disability to perform their civic duties.

6.38.  Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to a maximum of $500 per annum for attendance at official business, plus reasonable travel from the principal place of residence.

6.39.  Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative.

6.40.  In the event of caring for an adult person, councillors will need to provide suitable evidence to the general manager that reimbursement is applicable. This may take the form of advice from a medical practitioner.

Home office expenses

6.41.  Each councillor may be reimbursed up to $0 per year for costs associated with the maintenance of a home office, such as minor items of consumable stationery and printer ink cartridges.

7. Insurances

7.1.    In accordance with Section 382 of the Local Government Act, Council is insured against public liability and professional indemnity claims. Councillors are included as a named insured on this Policy.

7.2.    Insurance protection is only provided if a claim arises out of or in connection with the councillor’s performance of his or her civic duties, or exercise of his or her functions as a councillor. All insurances are subject to any limitations or conditions set out in the policies of insurance.

7.3.    Council shall pay the insurance policy excess in respect of any claim accepted by council’s insurers, whether defended or not.

7.4.    Appropriate travel insurances will be provided for any councillors travelling on approved interstate and overseas travel on council business.

8. Legal assistance

8.1.    Council may, if requested, indemnify or reimburse the reasonable legal expenses of:

Ÿ  a councillor defending an action arising from the performance in good faith of a function under the Local Government Act provided that the outcome of the legal proceedings is favourable to the councillor

Ÿ  a councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act and the outcome of the legal proceedings is favourable to the councillor

Ÿ  a councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the councillor.

8.2.    In the case of a code of conduct complaint made against a councillor, legal costs will only be made available where the matter has been referred by the general manager to a conduct reviewer and the conduct reviewer has commenced a formal investigation of the matter and makes a finding substantially favourable to the councillor.

8.3.    Legal expenses incurred in relation to proceedings arising out of the performance by a councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a councillor acted corruptly would not be covered by this section.

8.4.    Council will not meet the legal costs:

Ÿ  of legal proceedings initiated by a councillor under any circumstances

Ÿ  of a councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation

Ÿ  for legal proceedings that do not involve a councillor performing their role as a councillor.

8.5.    Reimbursement of expenses for reasonable legal expenses must have Council approval by way of a resolution at a council meeting prior to costs being incurred.

 

Part C – Facilities

9. General facilities for all councillors

Facilities

9.1.    Council will provide the following facilities to councillors to assist them to effectively discharge their civic duties:

Ÿ  personal protective equipment for use during site visits

Ÿ  a name badge which may be worn at official functions, indicating that the wearer holds the office of a councillor and/or mayor or deputy mayor.

9.2.    Councillors may book meeting rooms for official business in a specified council building at no cost. Rooms may be booked through a specified officer in the mayor’s office or other specified staff member.

9.3.    The provision of facilities will be of a standard deemed by the general manager as appropriate for the purpose.

Stationery

9.4.    Council will provide the following stationery to councillors each year:

Ÿ  letterhead, to be used only for correspondence associated with civic duties

Ÿ  business cards

 

Administrative support

9.5.    Council will provide administrative support to councillors to assist them with their civic duties only. Administrative support may be provided by a member of council’s administrative staff as arranged by the general manager or their delegate.

9.6.    As per Section 4, council staff are expected to assist councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.

10. Additional facilities for the mayor

10.1.  Council will provide to the mayor a maintained vehicle to a similar standard of other council vehicles, with a fuel card. The vehicle will be supplied for use on business, professional development and attendance at the mayor's office. (Not applied as the mayor is expected to be available to answer constituent queries and invariably receives them regardless of whether the planned trip is business or private).

10.2.  The mayor must keep a log book setting out the date, distance and purpose of all travel. This must include any travel for private benefit. The log book must be submitted to council on a monthly basis. (Not applied as the mayor is expected to be available to answer constituent queries and invariably receives them regardless of whether the planned trip is business or private).

10.3.  The mayoral allowance will be reduced to cover the cost of any private travel recorded in the log book, calculated on a per kilometre basis by the rate set by the Local Government (State) Award.  (Not applied as the mayor is expected to be available to answer constituent queries and invariably receives them regardless of whether the planned trip is business or private).

10.4.  A parking space at council’s offices will be reserved for the mayor’s council-issued vehicle for use on official business, professional development and attendance at the mayor’s office.  (Not applied)

10.5.  Council will provide the mayor with a furnished office incorporating a computer configured to council’s standard operating environment, telephone and meeting space.

10.6.  In performing his or her civic duties, the mayor will be assisted by a small number of staff providing administrative and secretarial support, as determined by the general manager.

10.7.  The number of exclusive staff provided to support the mayor and councillors will not exceed 0 full time equivalents.

10.8.  As per Section 4, the 0 staff in the mayor’s office are expected to work on official business only, and not for matters of personal or political interest, including campaigning.

Part D – Processes

11. Approval, payment and reimbursement arrangements

11.1.  Expenses should only be incurred by councillors in accordance with the provisions of this policy.

11.2.  Approval for incurring expenses, or for the reimbursement of such expenses, should be obtained before the expense is incurred.

11.3.  Up to the maximum limits specified in this policy, approval for the following may be sought after the expense is incurred:

Ÿ  local travel relating to the conduct of official business

Ÿ  carer costs

Ÿ  ICT expenditure.

11.4.  Final approval for payments made under this policy will be granted by the general manager or their delegate.

Direct payment

11.5.  Council may approve and directly pay expenses. Requests for direct payment must be submitted to the responsible manager for assessment against this policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed.

Reimbursement

11.6.  All claims for reimbursement of expenses incurred must be made on the prescribed form, supported by appropriate receipts and/or tax invoices and be submitted to the responsible manager.

Advance payment

11.7.  Council may pay a cash advance for councillors attending approved conferences, seminars or professional development.

11.8.  The maximum value of a cash advance is $0 per day of the conference, seminar or professional development to a maximum of $0.

11.9.  Requests for advance payment must be submitted to the responsible manager for assessment against this policy using the prescribed form with sufficient information and time to allow for the claim to be assessed and processed.

11.10. Councillors must fully reconcile all expenses against the cost of the advance within one month of incurring the cost and/or returning home. This includes providing to council:

Ÿ  a full reconciliation of all expenses including appropriate receipts and/or tax invoices

Ÿ  reimbursement of any amount of the advance payment not spent in attending to official business or professional development.

Notification

11.11. If a claim is approved, council will make payment directly or reimburse the councillor through accounts payable.

11.12. If a claim is refused, council will inform the councillor in writing that the claim has been refused and the reason for the refusal.

Reimbursement to council

11.13. If council has incurred an expense on behalf of a councillor that exceeds a maximum limit, exceeds reasonable incidental private use or is not provided for in this policy:

Ÿ  council will invoice the councillor for the expense

Ÿ  the councillor will reimburse council for that expense within 14 days of the invoice date.

11.14. If the councillor cannot reimburse council within 14 days of the invoice date, they are to submit a written explanation to the general manager. The general manager may elect to deduct the amount from the councillor’s allowance.

Timeframe for reimbursement

11.15. Unless otherwise specified in this policy, councillors must provide all claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

12. Disputes

12.1.  If a councillor disputes a determination under this policy, the councillor should discuss the matter with the general manager.

12.2.  If the councillor and the general manager cannot resolve the dispute, the councillor may submit a notice of motion to a council meeting seeking to have the dispute resolved.

13. Return or retention of facilities

13.1.  All unexpended facilities or equipment supplied under this policy are to be relinquished immediately upon a councillor or mayor ceasing to hold office or at the cessation of their civic duties.

13.2.  Should a councillor desire to keep any equipment allocated by council, then this policy enables the councillor to make application to the general manager to purchase any such equipment. The general manager will determine an agreed fair market price or written down value for the item of equipment.

13.3.  The prices for all equipment purchased by councillors under Clause 13.2 will be recorded in Council’s annual report.

14. Publication

14.1.  This policy will be published on council’s website.

15. Reporting

15.1.  Council will report on the provision of expenses and facilities to councillors as required in the Act and Regulations.

15.2.  Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

16. Auditing

16.1.  The operation of this policy, including claims made under the policy, will be included in council’s audit program and an audit undertaken at least every two years.

17. Breaches

17.1.  Suspected breaches of this policy are to be reported to the general manager.

17.2.  Alleged breaches of this policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.

PART E – Appendices

Appendix I: Related legislation, guidance and policies

 

Relevant legislation and guidance:

Ÿ Local Government Act 1993, Sections 252 and 253

Ÿ Local Government (General) Regulation 2005, Clauses 217 and 403

Ÿ Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW, 2009

Ÿ Local Government Circular 09-36 Guidelines for Payment of Expenses and Facilities

Ÿ Local Government Circular 05-08 legal assistance for Councillors and Council Employees.

 

Related Council policies:

Ÿ Code of Conduct

 


 

Appendix II: Definitions

The following definitions apply throughout this policy.

Term

Definition

accompanying person

Means a spouse, partner or de facto or other person who has a close personal relationship with or provides carer support to a councillor

appropriate refreshments

Means food and beverages, excluding alcohol, provided by council to support councillors undertaking official business

Act

Means the Local Government Act 1993 (NSW)

clause

Unless stated otherwise, a reference to a clause is a reference to a clause of this policy

Code of Conduct

Means the Code of Conduct adopted by Council or the Model Code if none is adopted

Councillor

Means a person elected or appointed to civic office as a member of the governing body of council who is not suspended, including the mayor

General Manager

Means the general manager of Council and includes their delegate or authorised representative

incidental personal use

Means use that is infrequent and brief and use that does not breach this policy or the Code of Conduct

long distance intrastate travel

Means travel to other parts of NSW of more than three hours duration by private vehicle

maximum limit

Means the maximum limit for an expense or facility provided in the text and summarised in Appendix 1

NSW

New South Wales

official business

Means functions that the mayor or councillors are required or invited to attend to fulfil their legislated role and responsibilities for council or result in a direct benefit for council and/or for the local government area, and includes:

·      meetings of council and committees of the whole

·      meetings of committees facilitated by council

·      civic receptions hosted or sponsored by council

·      meetings, functions, workshops and other events to which attendance by a councillor has been requested or approved by council

professional development

Means a seminar, conference, training course or other development opportunity relevant to the role of a councillor or the mayor

Regulation

Means the Local Government (General) Regulation 2005 (NSW)

year

Means the financial year, that is the 12 month period commencing on 1 July each year


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.5      SF2329            130717         Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Nambucca Valley Business Advisory Committee has undertaken two meetings on 24 May and 19 June 2017.  Ms Kerry Grace has been facilitating the meetings on behalf of Regional Development Australia, Mid North Coast as part of their “Ignite” strategy.  The Committee members are motivated and keen to develop numerous concepts.  Ms Grace notes that whilst the initial intent of the Committee was to act as a conduit of information to Council regarding economic opportunities, she sees more potential within the group which could potentially save Council both staff time, and ultimately council budget.  She also notes there are a broad range of skills within the group and recommends Council consider enabling action among the group which is guided by a Council endorsed plan.

 

This report provides a summary of the Committee’s work to date.

 

 

Recommendation:

 

1.       Council accept the draft Terms of Reference for the Nambucca Valley Business Advisory           Committee

 

2.       Council note the draft action plan prepared by the Nambucca Valley Business Advisory           Committee and the notes of the meeting held on 19 June 2017.

 

3.       That Council thank Ms Kerry Grace for her work as the Committee’s facilitator and endorse           her proposal to continue to develop the Committee’s action plan to the point of designating           roles, proposing budgets and assigning a timeline.

 

 

OPTIONS:

 

Consideration does need to be given to the future direction of the Committee.

 

Many of the initiatives which are listed in the draft action plan will be beyond the capacity of Council staff to deliver.  However some of the initiatives are the same, or could be incorporated with, planned work which is being delivered via existing approved plans, such as the Macksville Revitalisation Plan.  Other initiatives are potentially within Council’s capacity to deliver via some minor changes to existing programs.

 

In terms of undertaking the work identified in the final agreed action plan, other than for the actions which are within the capacity of Council staff to undertake, it will be the case that the Committee will have to identify volunteers to be responsible for implementing actions.  Budgets will also be required for the implementation of those actions.  At the point when the Committee requires a budget to implement the final action plan some consideration will need to be given to providing the requisite delegations to the Committee to undertake work as a Section 355 Committee rather than as an Advisory Committee to Council.

 

DISCUSSION:

 

The outcomes of the most recent Business Advisory Committee meeting held on 19 June 2017 are draft terms of reference; a draft action plan as well as notes from the meeting.  Attached are the draft terms of reference and notes from the meeting.  This report includes a table showing the draft action plan with some commentary.

 

Also attached is a letter from Ms Kerry Grace concerning the future direction of the Committee.

 

In considering the actions arising out of the work undertaken by the Business Advisory Committee consideration should also be given to the work identified in the Macksville Town Centre Revitalisation Plan.

 

At Council’s meeting on 13 April 2017 it was resolved as follows:

 

1        That Council endorse the draft revitalisation plan for implementation in principle and subject to design modifications to accommodate works. Council will be consulted on the implementation of plan as required.

 

2        That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre;  from the Street Tree Planting Guidelines previously adopted by Council.

 

3        That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.

 

4        Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.

 

Comparing the Business Advisory Committee’s draft Action Plan with the Macksville Town Centre Revitalisation Plan highlights some common elements but of course the responsibility of the Committee as per the draft Terms of Reference is for the whole Nambucca Valley.

 

The letter from the Committee’s facilitator, Ms Kerry Grace has requested that Council review the Terms of Reference and consider the Action Plan which would guide the Committee’s activities over the next 6-12 months.  With Council’s permission, Ms Grace proposes to continue to develop the action plan to the point of designating roles, proposed budgets and assigning a timeline.

 

She has expressed the concern that without follow up action the Committee will lose interest.  She also expresses concern that the proposed actions will require time and resources beyond the scope of Council’s staff and budget.  There is a suggestion that Council considers enabling action among the group which is guided by a Council endorsed plan.

 

The following table provides some commentary on the initiatives listed in the draft action plan.

1. Look, Theme and Style

 

Goal

Action

Details

Included in Macksville Revitalisation Plan?

Comment

Use color & facades to beautify the shopping districts of the Valley’s towns and villages.

1.1

Determine the boundary of participation in each town or village

Macksville only

Boundary for Nambucca Heads and Bowraville can be easily determined

1.2

Create a database of building owners and tenants in the boundary of participation.

No

Council has database of owners available for Council use.  No database of tenants

1.3

Liaise with Paint company for free or reduced costs of paint.

No

Can be readily undertaken.

1.4

Choose the palate of colors

No

Can only be a suggestion to property owners

1.5

Assign the palate into themes eg: Ocean Theme, Rustic Theme etc

No

Can only be a suggestion to property owners

1.6

Determine a number of fascia  shapes to choose from.

Suggestions on facades made for Macksville and Nambucca Heads

Implementation will require property specific design.

1.7

Liaise with contractors/ men’s sheds to determine cost to produce per m (where the original is missing or removed)

No

 

1.8

Produce a Style Guide for owners

Yes for Macksville and Nambucca Heads

 

1.9

Write to all owners with a style guide and concept argument along with the benefits to commercial trade and in turn benefits to land value and rental markets for participation. Organize a meeting to exhibit concept to them.

No

Will ultimately require a property specific approach.  The proposal to improve the front elevation of buildings, particularly above street awnings is worthwhile but to succeed is likely to require a funded program to provide architectural advice, fee waivers and possibly financial support not unlike the Mainstreet Program of several decades past.

1.10

Exhibit the information in local shop fronts

No

 

1.11

Write to manufacturers and suppliers to get materials for free or cost prior to commencement.

No

 

1.12

Determine a date to commence

No

 

1.13

Contact Australian Story for background photos and film with dates for subsequent visits

No

 

 

1.14

Draw up graphics for Coloring in competition.

No

 

1.15

Draw up a full page information sheet for parents on the back of each coloring in page

No

 

1.16

Liaise with Chamber of Commerce to sponsor the competition and determine the prizes/ judges and judging dates/ where the finalists will be displayed etc.

No

 

1.17

Print coloring in competition sheets

No

 

1.18

Distribute Coloring in sheets to local Schools with return address for postage and due date.

No

 

1.19

Display and Judge entries and get media attention for the winners.

No

 

1.20

Liaise with Council to make any works under this scheme approved within 7-14 days if possible so momentum is not stopped.

No

List of exempt and complying work can be provided.

1.21

Liaise with Council to make all DA’s where necessary free of charge for participants.

No

Can be achieved as part of a streetscape revitalization program.  Exempt development doesn’t require a DA.

1.22

Call out to locals who would like to participate and who have the skills to do the work to assist owners by volunteering to paint, erect, pull down or build.

No

 

1.23

Give owners list of possible volunteers to assist them.

No

 

Engage trades

people (retired) to contribute to furnishings

2.1

Determine Theme of street) furnishings and complete a simple concept plan to give to chambers of commerce.  Materials from Old Machinery and Timbers to be given priority.

No

 

2.2

Liaise with Chambers of Commerce and other groups to get a theme for each town/ Village to be included in the finalized concept plans.

 

No

 

2.3

Create a mud map of where furniture could be placed immediately on the footpaths or grassed areas for tangible results quickly.

No

 

2.4

Call for Artisans and retired Trades people to commence building project for seats/ Tables etc.  in return for their ability to place a plaque on the works advertising their services or perhaps honoring a local person and their services.

No

 

2.5

Liaise with local sawmilling business for donations of timber.

No

Council has bridge timbers which can be recycled

2.6

Call for donations of old machinery pieces (via photo) for use by artisans and Tradespeople.

No

 

2.7

Get photos of completed seats etc and determine position based on style and on predetermined mud map.

No

 

2.8

Council to organize work crew to pick up piece during work day and deliver to site.

No

 

2.9

Council to install piece to ensure safety.

No

 

2.10

Media Attention given.

No

 

Environment Improvement – Tree Selection and Color

3.1

Tree Selection to be decided and listed.  Liaise with Tree expert regarding transportation and survival.

Yes for Macksville and Nambucca Heads

Recent inspection has resolved tree selection for Macksville

3.2

Shout out to all owners to determine if they have mature trees they would like to donate to the project as long as they are suitable to transport.

No

Will cost more than it saves.

3.3

Map of each town to determine where each donated tree could be placed.

No

Will cost more than it saves.  Placement requires extensive consultation.

3.4

Removal of Donated Trees and Transportation to site for planting.

No

Will cost more than it saves

3.5

Amend work plan for maintenance  crews from Council to tend to the new plantings until established.

No

Will be included in Council’s Parks program when plantings are undertaken

3.6

Establish a map for planting of trees that have to be purchased or grown.

No

As above

3.7

If trees are to be grown for future use establish seedlings at Council depot and assign the health and welfare of the trees to a job description including the need to increase pot size when necessary.

No

The establishment of a Council nursery will not be cost effective

3.8

Once seedlings are survivable in town replant in designated position.

No

The establishment of a Council nursery will not be cost effective

3.9

Add the cost of trees to be purchased to grants to absorb any unspent funds or get variations to existing grants for the purchase of trees etc.

No

 

3.10

Liaise with State forests for the possibility to remove matured varieties (eg: Palms) etc from the State forest where available. 

No

Replanting has risks of increased cost and plant failure.

3.11

Liaise with Crown Lands to remove matured trees where available for use on this project.

No

As above

Sculptures

4.1

Draw up a concept plan for Chambers of Commerce to choose a theme for their town/ village.

No

 

4.2

Determine the position in each town centre where the sculpture will be.

For Macksville only

Placement will require extensive consultation

4.3

Liaise with Essential Energy for donations of Lighting to the exact location for the purposes of display.

No

A more targeted request for lighting the Macksville Bridge may have more potential

4.4

Liaise with local electricians for donations of labor if required for lighting a display

No

A more targeted request for lighting the Macksville Bridge may have more potential

4.5

Liaise with electrical wholesalers for donations of materials for lighting of display.

No

A more targeted request for lighting the Macksville Bridge may have more potential

4.6

Predetermine the maximum size to be accepted

No

 

4.7

Predetermine the method of display eg: entries will have to have a 90cm steel or equivalent rod so it can be inserted into a pre prepared area.

 

 

No

 

4.8

Run a competition for sculptors and Artisans to submit their works and a date of completion. Make sure the artists understand that by submitting their works they are donating the sculpture to the town in perpetuity.

No

The proposal for public art is supported whether it be a street mural or sculpture.  The likelihood is that artists will need to be commissioned to undertake the work and agreement reached as to their fee.

 

4.9

Determine the judges and the method of judging.

No

 

 

4.10

Receive photos from entries and judge works determining the winning entry for each town/village.

No

 

 

4.11

Advise winners and organize for sculptures to be delivered to pre prepared areas for installation.

No

 

 

4.12

Liaise with local engravers to have plaques donated for each site listing the name of the artist.

No

 

 

4.13

Organize a unveiling and celebration.

No

 

 

Other Considerations:      Mural in Laneway, Lighting of Bridge (see marketing)

2. Relationships and Attitudes

 

Goal

Action

Details

Included in Macksville Revitalisation Plan?

Comment

Shop Local Campaign

5.1

Create a data base of all business in the valley.

No

Council has a database of property owners.

 

5.2

Create a viewing platform that allows visitors and locals access to this information by way of an App.

No

 

 

5.3

Call out to all tech savy residents including youth to develop app for this purpose.

No

 

 

5.4

Design Digital artwork to be provided to business with standards of sizes should they wish to create rewards cards. (this could be available to copy from facebook)

No

 

 

5.5

Research and provide costs for local business to produce cards and the minimum quantity to give to business with the digital information.

No

 

 

5.6

Launch App (see Marketing)

No

 

 

5.7

Call out to local artists to design shop local posters incorporating digital designs.

No

 

 

5.8

Call out to local printers to print posters for distribution.

No

 

 

5.9

Deliver posters to towns/ Villages (kids in school holidays???)

No

 

 

5.10

Design Welcome graphics to be available to be used on doors as transparent stickers on glass.

No

 

 

5.11

Get some printed by local printers and walk around the streets offering a selection for cost price. (school kids holidays???)

No

 

 

5.12

Media Attention (see Marketing)

 

 

 

No

 

 

5.13

Develop a Our Valley Gift Voucher and a system of passing on the payment to be sold by local Post Office???

No

 

Meet the Neighbors BBQ

6.1

Determine a date and place for the BBQ in each town village.

No

 

 

6.2

Prior to the next Rates/Water Rates mail out investigate the ability to put an invitation in with the mail out to personally invite rate payers.

No

The rates mail out is likely to occur around 25th or 26th July 2017.

 

6.3

Determine the logistics  eg: shade, electricity, water, garbage, parking, BBQ space, food vans etc and insurance and put in applications for events on Council land if required.

No

 

 

6.4

Liaise with celebrities to see if they can attend the event.

No

 

 

6.5

Call out to local musicians to showcase their talents.

No

 

 

6.6

Determine if the BBQ will have activities to keep the kids amused during the day and organize some activity stations or running races etc.

No

 

Make Traditional Culture more visible in the Shire

7.1

Get a resolution from Council applying the two name rule for all new signage.

No

Council was proactive in the naming of the by-passed Pacific Highway as Giinagay Way.  The theme for NAIDOC week this year was “language matters”.  The Nambucca Valley has unique Gumbaynggirr names and the principle of dual names for signage is supported as a means of celebrating our Aboriginal heritage and for its unique marketing.  There is not always a direct equivalent but where there is the Council should have a policy on dual names.

 

7.2

Get Muurabay Language Centre to provide the Shire with Translations for all new signs.

No

Agree this would be required to support the dual naming concept.

 

7.3

Request that all 3 Land Councils come up with three ideas for their areas to increase Traditional Cultural influence.

No

Agreed

 

7.4

Install two flag poles in each town village to fly both the Australian Flag and Aboriginal Flag simultaneously. Call for retired volunteers to raise and lower these flags daily if required, teaching them about the colors on the flag and the correct placements.

No

The Council will have the opportunity for flag poles on the roundabouts at the new highway interchanges.

 

 

 

 

 

3. Marketing

Putting Nambucca Valley on the Map.

Goal

Action

Details

Included in Macksville Revitalisation Plan?

Comment

Put the Nambucca Valley on the map.

8.1

Get Council to ratify the “Our Valley” slogan for the Nambucca Shire.

No

It is queried whether the name, “Nambucca” should be dropped from marketing as it provides our unique identity.

 

8.2

Design standard graphics in digital format for everyone to use.

No

 

 

8.3

Create a Facebook Page, #hash tag, Twitter account

No

 

 

8.4

Create a Share and Like to win comp on Facebook to start the campaign. (T Shirts etc)

No

 

 

8.5

Get sponsors for T Shirts

No

 

 

8.6

Print T Shirts and determine cost to sell.

No

 

 

8.7

Appoint brand ambassadors for facebook and Twitter  - one post and tweet in t shirt doing and seeing things in the valley.

No

 

 

8.8

Approach Busways and request the Our Valley be incorporated on each bus.

No

 

 

8.9

Call for one bus to be decorated in full with Our Valley message

No

 

 

8.10

Advertise for persons that could light the Macksville Bridge.

Yes – for Macksville

Uplighting is listed in the Macksville Plan.  The use of decorative lighting on the Macksville Bridge is consistent with the recommendations and is supported.  Approval of the RMS will be required.

 

8.11

Determine colors, display time and duration.

As for 8.10

 

 

8.12

If permanent plan and source electrical equipment and materials that would be needed.

As for 8.10

 

 

8.13

Request donations or grant for the cost of materials.

As for 8.10

 

 

8.14

Organize Media for launch of Lighting the Bridge.

No

Agreed

 

8.15

Get local business to participate in a lighting the bridge celebration with meal specials for the evening.

No

Agreed

 

8.16

Consult with Guardian News and Happenings/ Observer to have a “Our Valley” page where people can send in their photos for publication.

No

 

 

8.17

Plan a billboard campaign to be started well outside the valley so tourists are prepared to see the results of “Our Valleys” rejuvenation campaign.

No

 

 

8.18

Paint the water tower in Nambucca Heads and other eye sores to create photo opportunities using the “our Valley” hash tag

No

It is agreed that funding should be allocated to public art in Nambucca Heads and Macksville being the 2 largest urban centres in the LGA.

 

8.19

Plan out a list of other areas of interest for “selfies” and design the areas to have a uniquely fun experience.

No

 

 

8.20

Map out the “selfie” areas for tourists to try to capture all of them during their time here.

No

 

 

8.21

Gateway billboards to be erected to capture the traffic off the new highway.

No

There are planning controls in relation to the erection of new billboards.

 

8.22

Map out all the things the Our Valley App would be able to achieve and develop a concept plan.

No

 

 

8.23

Write and develop the App.

No

 

 

8.24

Appoint someone to be responsible for the App on a daily and weekly basis.

No

 

 

8.25

Launch App using Media and Social Media.

No

 

 

8.26

Get a group of Under 25’s together to brainstorm parts of the Media campaign prior to launching.

No

 

4. Tourism

 

Yet to be determined.

5. Jobs and Business Investment

Renew the CBD’s.

Goal

Action

Details

Included in Macksville Revitalisation Plan?

Comment

Renew Newcastle Model

10.1

Contact the Model Owner to determine the cost to implement the Renew Newcastle Model.

No

 

 

CONSULTATION:

 

There has been consultation with Kerry Grace, the Mayor and Councillor Reed.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There will be risks in relation to the expenditure of council funds, firstly in relation to the cost/benefit of identified actions and secondly in relation to their project management.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no significant resourcing implications.  The initiatives which are identified in the draft action plan well exceed the available capacity in council staff to deliver.  Delivery of many of the actions will need to be managed by volunteers.


 

 

Attachments:

1

25024/2017 - Draft Terms of Reference:

 

2

25061/2017 - 19 June 2017 Meeting Notes

 

3

25066/2017 - Business Advisory Committee - future direction

 

  


Ordinary Council Meeting - 13 July 2017

Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions

 

Draft Terms of Reference:

Nambucca Valley Business Advisory Committee

 

Reports to:  General Manager, Nambucca Shire Council

 

Purpose: For businesses, industry groups and community to work together with Nambucca Shire Council to:

 

·    Identify initiatives including, but not limited to marketing, easier access and improved presentation - for the highway by-pass and our future as a community;

·    Identify opportunities for the future for the Nambucca Shire which are unique to the Valley;

·    Advise and make recommendations to Council on matters relating to business and the development of the economy.

 

Activities:

1.    To identify and understand the unique characteristics of each community within the Valley, and the Valley as a whole

2.    To identify initiatives within the Nambucca Valley

3.    To scope the initiatives

4.    To work together to identify resourcing opportunities

5.    To consider and engage with the community during the process

6.    To prioritise initiatives based on the goals of the committee considering the value they bring to the whole community and the timeframe identified by the committee

7.    To work with relevant stakeholders to implement initiatives

8.    To support lobbying and publicity for resourcing opportunities

9.    To celebrate activities and achievements

10.  To develop sub-committees to implement activities

11.  To understand what other committees and stakeholders exist within the community and to learn from existing initiatives, activities and past projects

12.  To understand and promote what already exists in the Nambucca Valley

 

Decision making and values:  The committee will;

1.    Create a value statement which guides decision making

2.    Be driven by holistic values which support the entire community

3.    Represent the local community

4.    Will take the history of the community into account and understand the way the broad community thinks, feels and acts

5.    Support one another as a group understanding there may be diverse views among the group

6.    Consult in an equitable manner with community

7.    Maintain engagement with the local community

8.    Acknowledge and draw upon work of other existing committees and groups within the Nambucca Valley

 

Frequency of Meetings: That the Committee initially meet monthly as a sub-committee and bi-monthly as a whole group and review the frequency after six months.

 

Term of Committee: That the Committee be reviewed on an annual basis.

Membership: As per list approved by Council on 13th April, 2017.


Ordinary Council Meeting - 13 July 2017

Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions

 


 


 


 


 


Ordinary Council Meeting - 13 July 2017

Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions

 


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.6      SF2293            130717         Development Applications greater than 12 months or where submissions received -  to 5 July 2017

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer - Development and Environment         

 

Summary:

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).  Table 2 shows development applications which have been received but not yet determined due to submissions received. 

 

In accordance with Minute 848/08 from Council’s 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 information be noted by Council.

 

 

 

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

 

There are no Development Applications in excess of 12 months old.

 

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

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/092

29 April 2017

19 Lot Residential Subdivision

Various Lots, 24 Bellevue Drive (old Midco site), North Macksville

Four submissions have been received. They each oppose parts of the development.

·      Lot 9 should not have access to McLennans Lane, as it will be able to access the new road

·      Residents should be notified before demolition works commence

·      Wants absolute proof that stormwater from the development will not impact property

·      Asbestos removal must be done to appropriate safety standards

·      Wants developer to erect a 2 metre colourbond fence on the west and retaining walls to the north of property

·      Power supplied should be underground

STATUS: Being assessed.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

1998/020/01

29 May 2017

Residential Subdivision

Lot 135 DP 1039015, Forest Road, Nambucca Heads

Two submissions have been received. They oppose the proposal

·      Will encroach on privacy of another lot

·      Concerns about adequate infrastructure

·      Rainforest area will be removed

·      Impacts on local native flora and fauna

·      Looks overcrowded

·      Will current property owners have to pay for kerb and guttering of Forest Road?

·      Playground needed for children/families

·      Will make Newman Street a one way street with the added traffic

·      Blocks should be 750 sq metres at least

·      Bushfire risks need to be considered

·      Stormwater runoff needs to be dealt with

STATUS: Being assessed. Notification closes 30 June 2017. Awaiting response from RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/112

22 May 2017

Dwelling-House

Lot 101 DP 1106181, 9A Waratah Court, Nambucca Heads

One person has lodged two submissions – they oppose the development

·      Concerns that connecting the sewer will require rebuilding of a driveway and retaining wall which adjoining owner will not consent to

·      Loss of privacy

STATUS: Being assessed – additional information required from applicant – bushfire report/fees.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/127

5 June 2017

Subdivision

Lot 322 DP 1021922, 657 Upper Warrell Creek Road, Congarinni

Two submissions have been received – they oppose the application and/or have questions about it.

·      Access to at least one lot could be unsafe and cause accidents.

·      Road sealing on Congarinni Road South should be a requirement

STATUS: Being assessed. Adjoining owner notification closes 30 June 2017

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/104

10 May 2017

Retaining Wall – Continuing Use

Lot 412 DP 611276, 6 Ocean Street, Scotts Head

Two objections have been received  - both oppose the proposal

·      Builders have erected posts indicating a fence 2.9 metres high is to be constructed. Not shown on plans.

·      Builder has a history of non-compliance – pagoda higher than permitted, deck closer to boundary than permitted

·      Overshadowing, loss of privacy, loss of natural light.

STATUS: Being assessed.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.7      SF2293            130717         2017 June - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”

 

Attached is a list of Development Applications and Complying Development Applications received in June 2017 as at 02 July 2017.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in July 2017 be received for information.

 

Attachments:

1

25236/2017 - Received Applications

 

  


Ordinary Council Meeting - 13 July 2017

2017 June - Development and Complying Development Applications Received

 


 


 


Ordinary Council Meeting                                                                                                     13 July 2017

General Manager's Report

ITEM 9.8      SF2293            130717         2017 June - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

 Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of June 2017 as at 2 July 2017.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for June 2017 be noted and received for information by Council.

 

 

Attachments:

1

25237/2017 - Approved Certificates

 

  


Ordinary Council Meeting - 13 July 2017

2017 June - Approved Construction and Complying Development Certificates

 


 


 


 

 


Ordinary Council Meeting                                                                                                     13 July 2017

Corporate Services

ITEM 10.1    SF251              130717         Schedule of Council Public Meetings 2017

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings to be held in 2017.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Comment from General Manager

It is recommended that Council undertake some “away” meetings in spring when the weather and insects are kinder to meetings in public halls.  By way of suggestion it is proposed that there be meetings in Scotts Head, Valla Beach or Valla Rural and Burrapine.  These have been tentatively scheduled for September, October and November.

 

 

Recommendation:

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

MEETING

DATE

VENUE

COMMENCING

Access Committee

25 July

Council Chambers

2.00 PM

Business Advisory Committee

26 July

Council Chambers

5.30 PM

Ordinary Council Meeting

27 July

Council Chambers

5.30 PM

Traffic Advisory Committee

1 August

Committee Room

10.30 AM

NSW Rural Fire Service SLA Meeting

9 August

NEOC Building

09.00 AM

Rally Australia Community Liaison Com

16 August

Council Chambers

10.30 AM

Ordinary Council Meeting

17 August

Council Chambers

5.30 PM

Access Committee

22 August

Council Chambers

2.00 PM

Ordinary Council Meeting

31 August

Council Chambers

5.30 PM

Audit & Risk Improvement Committee

13 September

Council Chambers

10.30 AM

Land Development Committee Com

14 September

Council Chambers

3.30 PM

Ordinary Council Meeting

14 September

Council Chambers

5.30 PM

Access Committee

26 September

Council Chambers

2.00 PM

Ordinary Council Meeting

28 September

Scotts Head at SLSC

5.30 PM

Traffic Advisory Committee

3 October

Committee Room

10.30 AM

Ordinary Council Meeting

12 October

Council Chambers

5.30 PM

Access Committee

24 October

Council Chambers

2.00 PM

Ordinary Council Meeting

26 October

Valla Beach Hall

5.30 PM

NSW Rural Fire Service SLA Meeting

8 November

NEOC Building

09.00 AM

Audit & Risk Improvement Committee

8 November

Council Chambers

10.30 AM

Vehicular Access to Beaches Commitee

10 November

Council Chambers

1.30 PM

Ordinary Council Meeting

16 November

Council Chambers

5.30 PM

Access Committee

28 November

Council Chambers

2.00 PM

Ordinary Council Meeting

30 November

Burrapine Hall

5.30 PM

Traffic Advisory Committee

5 December

Committee Room

10.30 AM

Land Development Committee Meet

14 December

Council Chambers

3.30 PM

Ordinary Council Meeting

14 December

Council Chambers

5.30 PM

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     13 July 2017

Assistant General Manager Corporate Services Report

ITEM 10.2    SF332              130717         Scotts Head Tennis Club Committee of Management - Annual General Meeting - 29 June 2017

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting (AGM) of Scotts Head Tennis Club Committee of Management and the new Committee.  A copy of the minutes and financial reports are attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for Scotts Head Tennis Club Committee of Management Annual General Meeting held on 29 June 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of Scotts Head Tennis Club Committee of Management was held on 29 June 2017.

 

The Committee of Management for 2017/2018 comprises:

 

          President                                  Tom Rice

          Vice President                          Roger Goddard

          Secretary                                  Anne Lennan

          Treasurer                                  Karen Forbes

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

Attachments:

1

24651/2017 - Minutes of AGM held 29 June 2017

 

  


Ordinary Council Meeting - 13 July 2017

Scotts Head Tennis Club Committee of Management - Annual General Meeting - 29 June 2017

 


 


 


 

 


Ordinary Council Meeting                                                                                                     13 July 2017

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2080            130717         Letter of Offer relating to RMS funding for highway handover from Nambucca Heads to Urunga

 

AUTHOR/ENQUIRIES:    Clint Fitzsummons, Manager Assets         

 

Summary:

 

Council has received its first letter of offer for the maintenance of the 8km of Old Highway from Nambucca Heads to the Bellingen Shire Council boundary (NH2U project). An offer of $1,015,927 for conditioning works and specific maintenance has been offered to Council. It should also be noted that this offer is only for the road pavement and does not include culverts or bridges. As an estimate, it is expected a further $500k will be required for culvert maintenance.

 

Subsequent to the letter, Council representatives have attended an RMS handover meeting where this offer was rejected based on some of the unit rates. Of particular concern were the unit rates for heavy patching, which were considered to be low. The difference in rates between Council and RMS are due to the differing methods of construction and due to the restrictions RMS incur working on the Pacific Highway and the need to keep traffic moving. For the NH2U section of road within NSC, there may not be that much of a change in the final offer, however a more accurate unit rate will make a significant change to the offer for the southern section of highway (WC2NH).

 

On a positive note, it was confirmed at this meeting that the 2 over railway bridges on the old highway will remain the responsibility of John Holland Rail. This confirmation will mean that these 2 bridges will not become part of the future handover package. It was also discussed that the maintenance of the gardens in the 2 roundabouts at Nambucca Heads is preferred to be undertaken by Council, on the provision that a concrete apron is constructed within the roundabout to facilitate a safer work environment for Council Workers. The discussion was around the importance of these roundabouts as entry thresholds into Nambucca Heads. The indication from RMS representatives was that the roundabouts and the pavement will remain with the RMS as previously stated, and a note will be placed on the maintenance responsibility plans to indicate that the gardens are Council’s responsibility. These will be formally confirmed in future meetings.

 

 

Recommendation:

 

1        That Council receives and note the Letter of Offer from RMS, Ref: SF2015/026967 dated 21 June 2017.

 

2        That Council continues to negotiate the unit rates.

 

 

OPTIONS:

 

Receive the report

 

DISCUSSION:

 

No additional information from Summary

 

CONSULTATION:

 

Assistant General Manager Engineering Services

Manager Technical Services

Bellingen shire Council

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are potential environmental implications associated with assets being handed to Council along the vegetation corridors and river bank.

 

 

Social

 

Council’s most basic community service is the provision of safe vehicle travel on its public roads and maintenance of unsealed roads. Both could be compromised with a requirement to reduce levels of service to fund the additional assets.

 

Economic

 

There are significant economic implications to Council and its community.

 

Risk

 

There are significant risks and concern regarding the state of the assets being handed to council. There is significant deterioration of the existing Pacific Highway due to a lack of maintenance, and the possibility that sections of the Highway are approaching the end of their life.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary impacts are discussed in the report and will depend on the option chosen.

 

Source of fund and any variance to working funds

 

There is a potential significant impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendation does have service level implications.

 

Attachments:

1

25114/2017 - Letter of Offer - Maintenance for handover of the Old Pacific Highway

 

  


Ordinary Council Meeting - 13 July 2017

Letter of Offer relating to RMS funding for highway handover from Nambucca Heads to Urunga