NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

31 August 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 - 31 August 2017

 

 

INSPECTION:   

 

3.00pm       Departure from Council Adminstration Centre - Inspection - Mens Shed Foxs Road, Valla

 

 

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 - 17 August 2017.................................................................................. 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave - Cr Rhonda Hoban................................................. 25

5.2     Notice of Motion - Asbestos Disposal............................................................................. 26

5.3     Notice of Motion - Flying Fox Dispersal........................................................................... 27

5.4     Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993............ 28

5.5     Notice of Motion - Request to rename Section of Pacific Highway at Warrell Creek............ 31

5.6     Notice of Motion - Rainbow Crossing, Mann Street, Nambucca Heads.............................. 35  

6        DELEGATION:

Dianne Wall on behalf of Macksville Marlins - regarding grant application to heat the Macksville Swimming Pool – ITEM 9.10 Regional Sports Infrastructure Fund (Page 114)

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.................................................................................... 37

9.2     Aboriginal Land Claims 6596 and 44876 at Congarinni North............................................. 42

9.3     Councillor Expenses and Facilities Policy - Better Practice Template................................. 50

9.4     Review of Payment of Developer Contributions Policy..................................................... 69

9.5     Nomination for Joint Regional Planning Panel (JRPP)....................................................... 76

9.6     DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach................................................................................................... 78

9.7     DA2017/170 - Placement of shipping container ............................................................... 94

9.8     DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report    103

9.9     Development Applications greater than 12 months or where submissions received -  to 5 July 2017.................................................................................................................................... 112

9.10   Regional Sports Infrastructure Fund  Delegation............................................................ 114

9.11   Council Ranger's Report July 2017................................................................................. 125

9.12   Community Development Activity Report  ..................................................................... 127


 

 

10      Assistant General Manager Corporate Services Report

10.1   Related Party Disclosures............................................................................................. 130

10.2   Draft Financial Statements............................................................................................ 141

10.3   Amended Debt Recovery Policy.................................................................................... 143

10.4   Schedule of Council Public Meetings 2017..................................................................... 154

10.5   Valla Public Hall Committee of Management - Annual General Meeting - 16 August 2017.. 155

11      Assistant General Manager Engineering Services Report

11.1   Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 August 2017............................................................................................................................. 161

11.2   Nambucca Shire Traffic Committee Meeting Minutes - 8 August 2017.............................. 168

11.3   Sewer relining works - Macksville and Valla Beach.......................................................... 172

11.4   Waste Management Quarterly Report April - June 2017................................................... 174     


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 17 August 2017

The following document is the minutes of the Ordinary Council meeting held 17 August 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 31 August 2017 and therefore subject to change.  Please refer to the minutes of 31 August 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Matthew Leibrandt (Manager Infrastructure Services)

Lorraine Hemsworth (Minute Secretary)

Wayne Lowe (Manager Business Development)

 

 

DISCLOSURE OF INTEREST

 

Councillor S Jenvey declared a non-pecuniary - less significant conflict of interest in Item 9.4 Proposed Great Koala National Park under the Local Government Act as Cr Jenvey is a member of the Australian Labour Party.

 

Councillor J Reed declared a non-pecuniary - less significant conflict of interest in Item 9.6 Street Tree Guidelines and Street Trees Species Considered as part of Urban Design Strategies under the Local Government Act as a family member was a stakeholder in consultation.  Cr Reed left the meeting for this item.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.9 Nambucca Rivers Creeks Estuaries and Coastline Management Committee – representation under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association and the Association is represented on that Committee.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.13 Minutes of the Clean Energy Committee under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who is represented on that Committee.

 

Councillor J Reed declared a pecuniary interest in Item 9.15 2017 July - Approved Construction and Complying Development Certificates under the Local Government Act as this item includes development certificates for Nambucca Valley Care Ltd and she is an elected Director/Chairman of Nambucca Valley Care Ltd. Cr Reed left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 July 2017

388/17 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 27 July 2017 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              170817      NOTICE OF MOTION - LGNSW ANNUAL CONFERENCE 2017 - CALL FOR MOTIONS

389/17 RESOLVED:        (Hoban/Jenvey)

 

That Councillors submit Notices of Motion detailing any proposed motions for the LGNSW Annual Conference 2017 Business Paper for consideration and endorsement by Council before 2.00 pm Monday 4 September 2017.

 

 

 

  

PUBLIC FORUM

RECOMMENDATION

 

That the following Public Forum be heard:

 

i         Greg Mergan requesting sealing of unsealed part of Ocean View Drive, Valla Beach

·    Petition document tabled

·    Resides in new 2 storey building at start of reserve

·    Once a quiet area

·    Increased awareness and use of the area and facilities

·    Proud of the area and actively work to beautify the area

·    Request for health of residents and safety – large number of elderly people and young children

·    Speed factor is a high concern

·    Dust concerns coming from the road are harmful to the nearby residents

·    Request to reduce speed on the road and reduce dust on the approximately 200 metres unsealed section of Ocean View Drive, Valla Beach.

 

 

 

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.

 

 


 

Assistant General Manager Engineering Services Report

 

                   SF1676        170817         Bring Forward Capital Works Report as at 30 June 2017

 

390/17 Resolved:        (Ainsworth/Smyth)

 

That Item 11.4  - Capital Works Report as at 30 June 2017 be brought forward as a staff member was in attendance to respond to any questions raised in relation to this Item.

 

 

 

 

 

ITEM 11.4    SF1676              170817      Capital Works Report as at 30 June 2017

MOTION:      (Smyth/Wilson)

 

1        That the Capital Works Report for the fourth quarter of the 2016/17 financial year ending 30 June 2017 and expenditure YTD week ending 14 July 2017, be received and noted.

 

2        That the identified works within the report be revoted along with under expenditures on projects to the 2017/18 financial year to complete the various programs.

 

 

Amendment:       (Jones/Ballangarry)

 

1        That the Capital Works Report for the fourth quarter of the 2016/17 financial year ending 30 June 2017 and expenditure YTD week ending 14 July 2017, be deferred for 2 weeks so as to allow all Councillors to further review the matter; and

 

2        That the recommended revotes be adopted.

 

 

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

 

391/17 Resolved:        (Jones/Ballangarry)

 

1        That the Capital Works Report for the fourth quarter of the 2016/17 financial year ending 30 June 2017 and expenditure YTD week ending 14 July 2017, be deferred for 2 weeks so as to allow all Councillors to further review the matter; and

 

2        That the recommended revotes be adopted.

 

 

 

 

 

General Manager Report

ITEM 9.1      SF959                170817      Outstanding Actions and Reports

392/17 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

ITEM 9.2      SF271                170817      Code of Meeting Practice - Arrangements for Site Inspections and Acknowledgement of Country

motion:      (Smyth/Ainsworth)

 

A       That Council adopt the following amendments to its Code of Meeting Practice being:

 

1        the addition of the following sub-clause to Clause 17 which deals with the Agenda and Business Papers for Council Meetings:

 

          7. By way of clarification, site inspections undertaken by Council prior to the commencement        of a Council meeting are not part of the Council meeting and accordingly the provisions of      the Code of Meeting Practice in relation to public addresses, limitation on the number of speakers and other matters pertaining to the conduct of Council meetings do not apply (local policy).

 

2        The inclusion of a requirement that an Acknowledgement of Country be performed at the commencement of each Ordinary Council meeting, Committee meetings and Management Committee meetings, with the Acknowledgment to read:

 

          ‘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.’

 

B       That all Committees be advised of the requirement that an Acknowledgement of Country be included in the agenda and performed at the commencement of each meeting.

 

 

Amendment:       (Reed/Jones)

 

A       That Council adopt the following amendments to its Code of Meeting Practice being:

 

1        the addition of the following sub-clause to Clause 17 which deals with the Agenda and     Business Papers for Council Meetings:

 

          7. By way of clarification, site inspections undertaken by Council prior to the commencement        of a Council meeting are not part of the Council meeting and accordingly the provisions of      the Code of Meeting Practice in relation to public addresses, limitation on the number of speakers and other matters pertaining to the conduct of Council meetings do not apply (local policy).

 

2        The inclusion of a requirement that an Acknowledgement of Country be performed at the commencement of each Ordinary Council meeting, Committee meetings and Management Committee meetings, with the Acknowledgment to read:

 

          ‘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.’

 

B       That all Committees be advised of the requirement that an Acknowledgement of Country be included in the agenda and performed at the commencement of each meeting.

 

C       Wherever possible major matters not be listed for consideration at “Away” Council meetings and that any major matters concerning the particular locality be brought forward.

 

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

 

 

 

 

393/17 Resolved:        (Reed/Jones)

 

A       That Council adopt the following amendments to its Code of Meeting Practice being:

 

1        the addition of the following sub-clause to Clause 17 which deals with the Agenda and         Business Papers for Council Meetings:

 

          7. By way of clarification, site inspections undertaken by Council prior to the commencement        of a Council meeting are not part of the Council meeting and accordingly the provisions of   the Code of Meeting Practice in relation to public addresses, limitation on the number of speakers and other matters pertaining to the conduct of Council meetings do not apply (local policy).

 

2        The inclusion of a requirement that an Acknowledgement of Country be performed at the commencement of each Ordinary Council meeting, Committee meetings and Management Committee meetings, with the Acknowledgment to read:

 

          ‘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.’

 

B       That all Committees be advised of the requirement that an Acknowledgement of Country be included in the agenda and performed at the commencement of each meeting.

 

C       Wherever possible major matters not be listed for consideration at “Away” Council meetings and that any major matters concerning the particular locality be brought forward.

 

 

 

 

 

ITEM 9.3      SF88                  170817      Resignations - Purchase of Gifts Policy

MOTION:      (Wilson/Ainsworth)

 

That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report.

 

 

Amendment:       (Wilson/Ainsworth)

 

That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report with the replacement of “gift card” with “gift card or voucher preferably from a local supplier”.

 

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

 

 

MOTION       (Wilson/Ainsworth)

 

That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report with the replacement of “gift card” with “gift card or voucher preferably from a local supplier”.

 

Amendment:       (Smyth/Ballangarry)

 

That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report with the replacement of “gift card” with “gift card or voucher preferably from a local supplier” and further that the draft policy be placed on public exhibition.

 

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

 

394/17 Resolved:        (Smyth/Ballangarry)

 

That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report with the replacement of “gift card” with “gift card or voucher preferably from a local supplier” and further that the draft policy be placed on public exhibition.

 

 

 

 

 

ITEM 9.4      SF979                170817      Proposed Great Koala National Park

MOTION:      (Jenvey/Ballangarry)

 

1           Council seek advice from the Forestry Corporation of NSW on the implications for Nambucca Shire State Forests that contain koala populations in relation to number of direct jobs, the type of product which comes from the forests, the markets they are sold into (local or overseas) and the health assessment of these forests.

 

2           That Council seek advice from the three main local sawmills in relation to the proposal.

 

3        Council seek advice from the NSW Opposition Leader, the Hon. Luke Foley MP on the funding which would be made available to support the proposed Great Koala National Park, including arrangements for funding assistance to any local workers and businesses who might be affected by the conversion of State Forests to National Park as well as the additional jobs which the proposed National Park would create.

 

4        Council seek advice from the Premier of NSW, the NSW Greens and the NSW Shooters Fishers and Farmers Party in relation to their respective positions’ on the proposed Great Koala National Park.

 

5        The advice of the Forestry Corporation of NSW, the three main local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party be further reported to Council.

 

 

Amendment:       (Ballangarry/Jones)

 

1        Council seek advice from the Forestry Corporation of NSW on the implications for Nambucca Shire State Forests that contain koala populations in relation to number of direct jobs, the type of product which comes from the forests, the markets they are sold into (local or overseas) and the health assessment of these forests.

 

2        That Council seek advice from the three main local sawmills in relation to the proposal.

 

3        Council seek advice from the NSW Opposition Leader, the Hon. Luke Foley MP on the funding which would be made available to support the proposed Great Koala National Park, including arrangements for funding assistance to any local workers and businesses who might be affected by the conversion of State Forests to National Park as well as the additional jobs which the proposed National Park would create.

 

4        Council seek advice from the Premier of NSW, the NSW Greens and the NSW Shooters Fishers and Farmers Party in relation to their respective positions’ on the proposed Great Koala National Park.

 

5        The advice of the Forestry Corporation of NSW, the three main local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party be further reported to Council.

 

6        The Council seek advice from the local Gumbaynggirr people in relation to the proposal.

 

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

 

395/17 Resolved:        (Ballangarry/Jones)

 

1        Council seek advice from the Forestry Corporation of NSW on the implications for Nambucca Shire State Forests that contain koala populations in relation to number of direct jobs, the type of product which comes from the forests, the markets they are sold into (local or overseas) and the health assessment of these forests.

 

2        That Council seek advice from the three main local sawmills in relation to the proposal.

 

3        Council seek advice from the NSW Opposition Leader, the Hon. Luke Foley MP on the funding which would be made available to support the proposed Great Koala National Park, including arrangements for funding assistance to any local workers and businesses who might be affected by the conversion of State Forests to National Park as well as the additional jobs which the proposed National Park would create.

 

4        Council seek advice from the Premier of NSW, the NSW Greens and the NSW Shooters Fishers and Farmers Party in relation to their respective positions’ on the proposed Great Koala National Park.

 

5        The advice of the Forestry Corporation of NSW, the three main local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party be further reported to Council.

 

6        The Council seek advice from the local Gumbaynggirr people in relation to the proposal.

 

 

 

396/17 Resolved:        (Hoban/Jenvey)

 

That Council receive advice from Council’s Planning Staff on whether the declaration of a Great Koala National Park would have any impact on the permissible uses of adjoining land.

 

 

 

 

 

ITEM 9.5      PRF44                170817      Revision of Draft Master Plan for Thistle Park

397/17 RESOLVED:        (Smyth/Ainsworth)

 

That Council engage King & Campbell as per their scope of works to prepare a Master Plan for Thistle Park including the preparation of floor plans and elevations for the proposed clubhouse/amenity building.

 

 

 


 

Cr Reed declared a non-pecuniary - less significant conflict of interest and left the meeting for Item 9.6 at 7.22 pm and returned after the conclusion of the Item 9.7 at 7.38 pm.

 

 

ITEM 9.6      SF1855              170817      Street Tree Guidelines and Street Trees Species Considered as part of Urban Design Strategies

Motion:      (Ainsworth/Wilson)

 

1        That Council endorse an amendment to Section 5 – Tree Selection and Section 6 – Local Conditions of the “Guidelines – Trees on Public Land” to facilitate the planting of non-native plant species as focal points within the Macksville Revitalisation Plan.

 

2        That the amendment to include non-native species is specifically for the CBD and immediate environs used in strategic locations identified as part of the Council endorsed Urban Design or Landscape Plan publicly exhibited within the Macksville Revitalisation Plan.

 

3        The following non-native trees species be added to “Guidelines – Trees on Public Land” for the Macksville Revitalisation Plan only:

 

·      Tibouchina (Alstonville)

·      Tibouchina (Jazzy)

·      Magnolia Little Gem

 

Amendment:       (Smyth/Jenvey)

 

That the Macksville revitalisation be placed back on exhibition in relation to the non-native species that have been chosen which are not included in Council’s “Guidelines – Trees on Public Land”.

 

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

 

398/17 Resolved:        (Smyth/Jenvey)

 

That the Macksville revitalisation be placed back on exhibition in relation to the non-native species that have been chosen which are not included in Council’s “Guidelines – Trees on Public Land”.

 

 

 

 

 

ITEM 9.7      SF688                170817      Environmental Levy 2016/17 Reconciliation

399/17 RESOLVED:        (Smyth/Ballangarry)

 

That Council note the financial status of the Environmental Levy.

 

 

 

 

The meeting was adjourned at 7.36 pm and resumed at 8.12 pm.

 

 

    


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

400/17 RESOLVED:        (Jones/Ballangarry)

 

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 and bring forward Item 12.2.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2302              170817      Tender T027/2016 for the Construction of Public Amenities at Gordon Park, Nambucca Heads

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                170817      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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.13 pm.

 

RESUME IN OPEN MEETING

401/17 RESOLVED:        (Ainsworth/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  9.29 pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                170817      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

MOTION:      (Ainsworth/Finlayson)

 

1           That the Mayor, General Manager and Manager Business Development be provided with delegated authority to negotiate a contract of sale for approximately 4 hectares of land contained within Lot 2 DP 1173066 with Midcoast Trucks with the major terms of the contract to be ratified by Council before the contract is entered into.

 

2        In the event that agreement cannot be reached with Midcoast Trucks for the purchase of approximately 4 hectares of land, there be a further report to Council on the option of selling all of Lot 2 DP 1173066, 80 Red Ash Road, Valla by auction.

 

3        Council’s seal be attached to any contract documents as required.

 

4        There be a further report to Council for information on any contract of sale which might be agreed upon.

 

 

Cr Hoban called for a Division seconded by Cr Ainsworth.

 

 

Amendment:       (Smyth/Jenvey)

 

That the sale of the land be advertised for sale for six weeks.

 

For the amendment:                  Councillors Jones, Ballangarry, Jenvey, Smyth

                                      (Total 4)

Against the amendment:  Councillors Hoban, Wilson, Ainsworth, Reed, Finlayson

                                      (Total 5)

 

The amendment was lost.

 

 

Amendment:       (Ainsworth/Finlayson)

 

That the Mayor, General Manager and Manager Business Development be provided with delegated authority to negotiate a contract of sale for approximately 4 hectares of land contained within Lot 2 DP 1173066 with Midcoast Trucks with the major terms of the contract to be ratified by Council before the contract is entered into.

 

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

                                      (Total 5)

Against the amendment:  Councillors Jones, Ballangarry, Jenvey, Smyth

                                      (Total 4)

 

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

 

402/17 Resolved:        (Ainsworth/Finlayson)

 

That the Mayor, General Manager and Manager Business Development be provided with delegated authority to negotiate a contract of sale for approximately 4 hectares of land contained within Lot 2 DP 1173066 with Midcoast Trucks with the major terms of the contract to be ratified by Council before the contract is entered into.

 

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

                                      (Total 5)

Against the motion:         Councillors Jones, Ballangarry, Jenvey, Smyth

                                      (Total 4)

 

 

 

 

ITEM 9.8      PRF18                170817      Tender T027/2016 for the Construction of Public Amenities at Gordon Park, Nambucca Heads

403/17 RESOLVED:        (Ainsworth/Smyth)

 

1        That Council accept the submission for T027/2016 Construction of Public Amenities at Gordon Park, Nambucca Heads from Costa Builders Pty Ltd.

 

2      That Council note the report in closed meeting.

 

3      That the Contract be added to the Contract Register.

 

 

 

 

 

ITEM 9.9      SF1496              170817      Nambucca Rivers Creeks Estuaries and Coastline Management Committee - representation

404/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council endorse the membership of the Nambucca Rivers Creeks Estuaries and Coastline Management Committee as outlined in the discussion of this report.

 

 

 

 


 

 

ITEM 9.10    SF2292              170817      Minutes of the Nambucca Shire Council Access Committee meeting held 27 June 2017

405/17 RESOLVED:        (Smyth/Jenvey)

 

That the Access Committee creates a report, identifying accessibility for people with a disability to the Shire’s tourism resources, with the goal to updating the brochure “Access and Disability Information for Visitors” and placing the information on the Shire’s tourism web site.

 

 

406/17 Resolved:        (Smyth/Jenvey)

 

That the report begins with the walk along the Nambucca River from the Visitor Information Centre in Nambucca Heads to the V-Wall listing for access and information:  parking, amenities, attractions, access to cafes, restaurants, clubs, pubs, the length of the walk and an estimate of the time it takes to do it.

 

 

407/17 Resolved:        (Smyth/Jenvey)

 

That the Access Committee identify other tourism attractions like publicly accessible wetlands nearby National Parks or State Forests and reserves for possible walks.

 

 

408/17 Resolved:        (Reed/Wilson)

 

1        That Lewis Parkins be endorsed as a member to the Committee.

 

2        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 June 2017.

 

 

 

 

 

ITEM 9.11    SF2292              170817      Minutes of the Nambucca Shire Council Access Committee meeting held 25 July 2017

409/17 RESOLVED:        (Smyth/Jenvey)

 

1        That Council note the Committee’s submission to the Flying-Fox Camp Management Plan requiring that any plans for pathways and boardwalks in the Gordon Park Rainforest be wheelchair accessible.

 

2        That Council’s staff be asked for Council’s Policy regarding the use of Tactile Ground Surface Indicators (TGSI).

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 25 July 2017.

 

 

 

 


 

 

ITEM 9.12    SF2293              170817      Development Applications greater than 12 months or where submissions received -  to 5 July 2017

410/17 RESOLVED:        (Ainsworth/Finlayson)

That the information be noted by Council.

 

 

 

 

 

ITEM 9.13    SF2278              170817      Minutes of the Clean Energy Committee Held 9 August 2017

MOTION:      (Finlayson/Reed)

 

1        That the Nambucca Valley Conservation Association be elected as a member of the Clean Energy Committee, noting that Philip Margolis has been nominated by the Association as their current representative.

 

2        That Philip Margolis’ individual membership be rescinded.

 

3        That the Terms of Reference of the Clean Energy Committee be adopted as detailed in this report.

 

4        That Council recommit to membership in the Sustainability Advantage program.

 

5        That Council investigate opportunities through the Sustainability Advantage program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.

 

6        That Council investigate purchasing electric (or similar) vehicles for the Mayor and General Manager prior to the next replacement date.

 

 

Amendment:       (Reed/Ainsworth)

 

1        That the Nambucca Valley Conservation Association be elected as a member of the Clean Energy Committee, noting that Philip Margolis has been nominated by the Association as their current representative.

 

2        That Philip Margolis’ individual membership be rescinded.

 

3        That the Terms of Reference of the Clean Energy Committee be adopted as detailed in this report.

 

4        That Council recommit to membership in the Sustainability Advantage program.

 

5        That Council investigate opportunities through the Sustainability Advantage program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.

 

6        That Council investigate purchasing electric (or similar) vehicles for the Mayor and General Manager prior to the next replacement date.

 

7        That the Aims and Objectives include:

 

·           that members receive a copy of the draft Environmental Levy Budget.

 

 

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

 

 

411/17 Resolved:        (Reed/Ainsworth)

 

1        That the Nambucca Valley Conservation Association be elected as a member of the Clean Energy Committee, noting that Philip Margolis has been nominated by the Association as their current representative.

 

2        That Philip Margolis’ individual membership be rescinded.

 

3        That the Terms of Reference of the Clean Energy Committee be adopted as detailed in this report.

 

4        That Council recommit to membership in the Sustainability Advantage program.

 

5        That Council investigate opportunities through the Sustainability Advantage program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.

 

6        That Council investigate purchasing electric (or similar) vehicles for the Mayor and General Manager prior to the next replacement date.

 

7        That the Aims and Objectives include:

 

·           that members receive a copy of the draft Environmental Levy Budget.

 

 

 

 

ITEM 9.14    SF2293              170817      2017 July - Development and Complying Development Applications Received

412/17 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

Cr Reed declared a pecuniary interest and left the meeting for Item 9.15 at 10.03 pm and returned after the conclusion of that Item at 10.04 pm.

 

 

ITEM 9.15    SF2293              170817      2017 July - Approved Construction and Complying Development Certificates

413/17 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 


 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2368              170817      Investment Report to 31 July 2017

414/17 RESOLVED:        (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 July 2017 be noted.

 

 

 

 

 

ITEM 10.2    SF251                170817      Schedule of Council Public Meetings 2017

415/17 RESOLVED:        (Wilson/Ballangarry)

 

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

 

 

 

 

 

ITEM 10.3    SF334                170817      South Arm Hall Committee of Management - Annual General Meeting - 6 August 2017

416/17 RESOLVED:        (Reed/Finlayson)

 

That Council endorse the minutes of the South Arm Hall Committee of Management Annual General Meeting held on 6 August 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

ITEM 10.4    SF325                170817      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 27 July 2017

417/17 RESOLVED:        (Ainsworth/Smyth)

 

That Council endorse the minutes of the Gordon Park Tennis Centre Committee of Management Annual General Meeting held on 27 July 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF205                170817      Pressure Sewerage System at Oyster Creek

418/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council write to existing property owners in the Oyster Creek subdivision and inform them that the pressure sewerage systems on their properties will now be operated and maintained by Council and include a copy of the Pressure Sewer Home Owner’s Manual with the letter.

 

2        That Council apply the adjusted pressure sewerage rate to their properties which incorporates a discount for electricity usage in accordance with Council resolution 131/17 of the meeting dated 16 March 2017.

 

 

 

 

 

ITEM 11.2    SF1631              170817      Review of Water Quality Risk Management Including Water Sourced from the New Off River Storage

419/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        The information provided in the risk assessment report prepared by Bligh Tanner be noted.

 

2        Council note that the introduction of water from the dam to the potable water supply may necessitate the implementation of a boiled water alert subject to consultation with and the recommendations of NSW Health and that Council should be prepared to act on that recommendation.

 

3        Advice be sought from NSW Health as to whether it is appropriate for Council to advise water consumers connected to the transfer main upstream of the balance tank that they should treat the reticulated water supplied as non–potable water and boil all water proposed to be used for drinking and cooking.  If so that Council write to these consumers advising them to boil drinking water with an explanation of the reasons for this.

 

4        Council consider the construction of a water treatment plant in its future capital works (IWCM) program and financial planning.

 

5        Grant funding be sought for a conceptual design and costing of a water treatment plant.

 

 

ITEM 11.3    SF851                170817      Minutes of the Australian Rural Road Group Inc AGM - 20 June 2017

420/17 RESOLVED:        (Reed/Ainsworth)

 

That Council receive and note the report containing the minutes of the Australian Rural Road Group AGM held on 20 June 2017.

 

 

 

 

Item 11.4 was dealt with earlier in the meeting.

 

 

 

ITEM 11.5    SF1676              170817      2017-18 Capital Works Program Reporting

421/17 RESOLVED:        (Smyth/Reed)

 

That Council receive and note the information.

 

 

 

 

 

CLOSED MEETING

 

422/17 Resolved:        (Jones/Reed)

 

That the Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.42 pm.

 

 

 

RESUME IN OPEN MEETING

423/17 Resolved:        (Ainsworth/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  10.43 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF2302              170817      Tender T027/2016 for the Construction of Public Amenities at Gordon Park, Nambucca Heads

424/17 Resolved:        (Ainsworth/Smyth)

 

1        That Council accept the tender submission from Costa Builders Pty Limited for the amount of $199,756 (one hundred and ninety-nine thousand, seven hundred and fifty-six dollars) for Tender T027/2016 for the Construction of Public Amenities at Gordon Park, Nambucca Heads.

 

2        That Council note the tender evaluation for Tender T027/2016 for the Construction of Public Amenities at Gordon Park Nambucca Heads.

 

3        That Council update the contract register.

 

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

                                      (Total 9)

Against the motion:         Nil

                                      (Total 0)

 

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.44 pm. 

 

Confirmed and signed by the Mayor on 31 August 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.1      SF2303            310817         Notice of Motion - Request for Leave - Cr Rhonda Hoban

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

I request leave of absence for the period Friday 15 to Friday 22 September 2017 inclusive.

 

 

Recommendation:

 

That Cr Hoban be granted leave from 15 to 22 September 2017 inclusive. 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.2      SF2303            310817         Notice of Motion - Asbestos Disposal

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The illegal dumping of asbestos is a significant problem in many local government areas.

 

The correct handling for disposal of asbestos is an expensive exercise for councils and results in expensive tipping fees in order for councils to recover their costs. The high fees encourage the illegal dumping of asbestos and the subsequent risk to public health and the environment.

 

The NSW government charges a waste levy on every tonne of material sent to landfill. The levy can be viewed as a tax or even a fine as it is not a charge that represents a fee for any service provided by the state government. This fee is added to the tipping costs for the public and results in higher costs for the disposal of asbestos. The current levy paid by Nambucca Shire Council is $79.60 per tonne and it is even higher in metropolitan areas at $138.20 per tonne.

 

The state government justifies the levy as a means of funding responsible waste management. If the state government were to exempt asbestos disposal from the waste levy and councils provided an additional subsidy on their normal fee equivalent to the state’s foregone levy, the responsible disposal of asbestos would be more affordable.

 

Recommendation:

 

That Council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

 

“That in order to reduce the illegal dumping of asbestos, LGNSW lobby the NSW Government to exempt asbestos from the waste levy on the proviso that Councils provide an additional and equal subsidy on their normal asbestos disposal fee thus reducing the overall fee by double the amount of the applicable levy.”

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.3      SF2303            310817         Notice of Motion - Flying Fox Dispersal

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Flying foxes are protected under both State and Federal legislation and it is currently a difficult, lengthy and expensive process to gain consent to disperse an established colony, often with varying success.

 

If it is accepted that flying fox colonies are undesirable within say five hundred metres of residences, schools and public facilities then the State and Federal governments could modify legislation so that if and when flying foxes are noticed beginning to frequent an area a council, with the assistance of OEH, could take immediate action to move them on before a colony becomes established.

 

It is likely that the general public would be keen to assist in notifying councils or the OEH of flying fox activity in proximity to their homes or public facilities.

 

Such measures will not assist in dispersing established colonies but may prevent other communities from dealing with the issues encountered in our shire at Gordon Park and Bowraville and other locations like Maclean High School and the Royal Botanic Gardens, Sydney.

 

 

 

Recommendation:

 

That council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

 

“That LGNSW lobby the State and Federal governments to make legislative provision to allow Councils in consultation with the OEH to take immediate action to move flying foxes on before a colony is formed where their activity is noted within five hundred metres of residences, schools and public facilities.”

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.4      SF2303            310817         Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

It is the policy of most NSW Councils to require property owners to fund construction and maintenance of crossings and driveways that access public roads and council policies rely on Section 218 (1) of the Roads Act which in reference to recovering the cost of constructing or repairing special crossings states:

 

(1) The owner of land adjoining a public road is liable to pay to the appropriate roads authority the cost incurred by the roads authority in constructing or repairing any special crossing over a footway in the public road for the traffic of vehicles across the footway to or from the land.

 

However they are silent on Section 142 which refers to maintenance of works and structures and  appears to be contradictory in that although it states at Subsection (1)(a):

 

 (1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road:

(a)  must maintain the structure or work in a satisfactory state of repair,

 

goes on to state at Subsection (3):

 

(3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land.

 

Section 218 is about "construction" or "repair" and Section 142 is about "maintenance". The Act dictionary doesn't define "repair" or "maintenance" but in its definition of "carry out roadwork" it lists "repair" and "maintenance" separately as if they are for the purposes of the Act two different things. On this basis it could be argued that what this means is that under Section 218 a property owner is responsible for the initial cost of construction and any repair if a particular incident damaged a crossing but Section 142 means that the property owner is NOT responsible for routine on-going maintenance once they have paid for the initial crossing construction. 

 

To add to confusion Section 142 refers to a "structure" on or over a road but Section 218 is about a "special crossing". Again the Act dictionary doesn't define a "special crossing" or a "structure".

 

It is recommended that the Roads Act 1993 be reviewed to provide clarity and certainty regarding the responsibilities for constructing and maintaining special crossings.

 

Recommendation:

 

That Council submit the following motion to LGNSW for inclusion on the LGNSW Annual Conference 2017 Business Paper:

 

“That LGNSW lobby the Minister for Roads to review the Roads Act 1993 to provide clarification of the responsibility for constructing and maintaining special crossings.

 

Attachments:

1

32228/2017 - Roads ACT 1993 - SECT 218 Roads authority may recover cost of constructing or repairing a special crossing

 

2

32229/2017 - Roads ACT 1993 - SECT 142 Maintenance of works and structures

 

  


Ordinary Council Meeting - 31 August 2017

Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993

 

ROADS ACT 1993 - SECT 218 Roads authority may recover cost of constructing or repairing a special crossing

ROADS ACT 1993 - SECT 218

Roads authority may recover cost of constructing or repairing a special crossing

218 Roads authority may recover cost of constructing or repairing a special crossing

(1) The owner of land adjoining a public road is liable to pay to the appropriate roads authority the cost incurred by the roads authority in constructing or repairing any special crossing over a footway in the public road for the traffic of vehicles across the footway to or from the land.

(2) If the crossing has been constructed or repaired at the request of the occupier of the land concerned, any amount paid to the roads authority by the owner of the land may be recovered by the owner from the occupier.

 


Ordinary Council Meeting - 31 August 2017

Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993

 

ROADS ACT 1993 - SECT 142 Maintenance of works and structures

ROADS ACT 1993 - SECT 142

Maintenance of works and structures

142 Maintenance of works and structures

(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road:

(a) must maintain the structure or work in a satisfactory state of repair, and

(b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road,

and the person is, by this section, empowered to do so accordingly.

Maximum penalty: 30 penalty units.

(2) Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division.

(3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land.

(4) If:

(a) a roads authority has granted a consent under this Division to the doing of anything, and

(b) that thing has been or is being done otherwise than in accordance with the consent,

the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent.

 


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.5      SF2303            310817         Notice of Motion - Request to rename Section of Pacific Highway at Warrell Creek

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The attached letters from twenty two of the twenty three residents whose properties lie on the Pacific Highway at Warrell Creek have been presented to Council.

 

When this section of the Pacific Highway is bypassed their addresses will change to Giinagay Way. A number of residents submitted objections when the name Giinagay Way was proposed but it appears that many did not as at that point in time they were not aware that the section of old highway from Browns Crossing Road north would finish at Bald Hill. It is understood that the only affected resident who did not present a letter is a Council staff member who as an employee did not wish to participate in a form of petition.

 

Residents are concerned that their local identity and location will be lost amongst the hundreds of addresses spread along Giinagay Way which extends right through to the Bellingen Shire. They also have fears that it will appear that Giinagay Way ends to the south at the Bald Hill interchange and emergency services may have difficulty locating those who live on the shorter section beyond the interchange.

 

Warrell Creek has a proud history and a strong sense of community which residents fear will be lost and their initial request was that the section of highway from Browns Crossing to Bald Hill be renamed ‘Warrell Creek Road’ or as an alternative, ‘Warrell Way’.

 

Advice from staff indicates that this will create problems because addresses on the northern section of the highway from Nambucca Heads to Urunga have already been changed using the Rural Road Numbering system and the distances have been calculated from Browns Crossing. Renaming would mean renumbering from Bald Hill north and create significant inconvenience for those northern residents who have already notified contacts of their address change.

 

As an alternative Council staff have advised that under road naming guidelines there is a possibility of Dual Naming. Precedents for this have already been set e.g. although located on the current Pacific Highway properties in Macksville will retain the address of Cooper Street. Residents on the Highway at Warrell Creek would like to be afforded the same consideration.

 

 

Recommendation:

 

That Council staff investigate the possibility of dual naming the most appropriate section of the old Pacific Highway, capturing affected Warrell Creek residents between Browns Crossing and Bald Hill, as “Warrell Creek Road’ or as an alternative ‘Warrell Way’.

 

 

Comment from General Manager

 

The Council’s direct mail notification to residents and advertising of the proposed naming of Giinagay Way made it plain that the naming would apply for the section from Browns Crossing Road north to the Waterfall Way.  Council considered the road naming at its meeting on 16 July 2015 including five submissions and a petition from residents of Warrell Creek who provided an alternative naming suggestion of “Sportsman Way”.  The report to Council noted:

 

“In consideration of the small number of objections and the lack of real alternatives, potential marketing benefits and Council’s aspiration that the use of the word for the naming of this prominent road will increase local awareness of the Gumbaynggirr language and culture, it is recommended Council proceed with the application to the Geographic Names Board of NSW to adopt and Gazette the name Giinagay Way.

 

Changing the name from Giinagay Way to another name will require:

 

·      Renotification and readvertising with all of the attendant costs

·      A change to the RMS signage designs currently on exhibition

·      A change to street numbering for all properties along the road in both Nambucca and Bellingen Shires, including reversing street numbering advice which has already been given to residents along the route.  This would require consultation and an agreement with Bellingen Shire Council.  In the circumstances it is unlikely that Bellingen Shire Council would agree.

·      Approval from the Geographic Names Board to an alternate name with the suggestions of Warrell Creek Road or Warrell Way unlikely to be approved given their close approximation to/duplication of existing road names

 

The option of a second name for the section of road, whilst it may comply with the State Road Naming Policy, could be confusing for Emergency Services and deliveries and is not recommended.

 

Attachments:

1

32492/2017 - Summary of petitioners relating to road renaming at Warrell Creek

 

  


Ordinary Council Meeting - 31 August 2017

Notice of Motion - Request to rename Section of Pacific Highway at Warrell Creek

 

 


 

 

The following residents signed the petition letter detailed below:

 

·    Neville Sutton

·    Mark and Michelle Cockburn

·    Thelma McInnes and JF McInnes

·    Glynn Sutton

·    Bryson Chapman

·    W Moore

·    Keith Jenkins

·    Mark Kirkman

·    Cliff Cooper

·    Gail Lee

·    Heidi and Nathan McLeod

·    Rebecca Barker

·    Catherine Tory

·    Ron and Bev Richards

·    Jolene and Warren Williams

·    Peter Rogers

·    Kevin, Tony and Barbara Veness

·    Barry Everson

·    Kathleen and Gus Williams

·    Isabella Cross

·    B Ellison

·    Michael and Janelle Buchanan

 


Ordinary Council Meeting                                                                                                 31 August 2017

Notice of Motion

ITEM 5.6      SF2303            310817         Notice of Motion - Rainbow Crossing, Mann Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Susan  Jenvey, Councillor         

 

Summary:

 

At the meeting of the Nambucca Heads Chamber of Commerce on 14 August 2017, the Chamber resolved to pursue the concept of a Rainbow Crossing in Mann Street Nambucca for the following reasons:

 

•           The concept would provide a focus for Mid Coast, State, and possibly National media to pick up on a small coastal village accepting diversity and promoting inclusivity.

 

•           This would benefit both Nambucca Heads and Nambucca Valley in terms of prospective tourism.

 

•           It is envisaged that the Rainbow Crossing would replace the current pedestrian crossing between the Golden Sands Tavern and the Guardian Pharmacy.

 

•           The white-painted crossing is worn and needs to be repainted. Removing it and replacing it with a combination of red, orange, yellow, green, blue and indigo shouldn't come at too greater cost. The Chamber has a beautification budget which could be utilised to contribute to the cost of the installation.

 

•           That consideration be given to the location of the crossing. The crossing is located in the main business district of Nambucca Heads. The crossing has a long line of sight because it is positioned in the center of the Mann Street where traffic speeds are reduced to a slow pace. There is a pedestrian crossing at one end of the street and a large traffic calming device at the other that makes motorists aware that this is an area with high levels of pedestrian traffic. The parking of cars by reverse parking all along the street, on both sides of the road also reduces the traffic speed to a crawl or a stop. The crossing also has safe entry and exit points, the length of a car space for pedestrians to be protected from the lanes of traffic which also increases the line of site for motorists to view pedestrians.

 

 

Recommendation:

 

1        That Council respond to the resolution from the Nambucca Heads and Valla Beach Chamber of Commerce and approve their request for a rainbow crossing.

 

2        That Council continue to work on behalf of the Nambucca Heads and Valla Beach Chamber of Commerce with the RMS to try to make the rainbow crossing a reality.

 

3        That Council resolve to accept the small increase of risk associated with the pedestrian crossing not meeting with Australian Standards.

 

 

OPTIONS:

 

That the Chamber of Commerce considers a rainbow footpath.

 

That Council staff report on other options in the shire that would support diversity and inclusion.

 

DISCUSSION:

 

Port Phillip Council in Melbourne is seeking to paint a rainbow crossing in Fitzroy Street, St Kilda under a council plan to campaign for same sex marriage. This they believe is being true to their history of “inclusiveness”. The Port Phillip Council has resolved to work with VicRoads to make the rainbow crossing a reality.

 

In the past, a very busy crossing in Oxford Street, Taylors Square, Sydney was painted in rainbow colors. The crossing transversed six lanes of traffic and proved to be extremely popular with people stopping to take “selfies”.  This began to negatively impact traffic conditions of a main transport corridor. It was removed.

 

CONSULTATION:

 

There has been consultation with the Nambucca Heads and Valla Beach Chamber of Commerce, the Mayor and the General Manager and the RMS.

 

Comment from General Manager

 

The matter was discussed at a Manex meeting on 23 August.  Preliminary telephone advice from RMS indicates that the proposal does not comply with Australian Standards and that the crossing in Oxford Street , Sydney created havoc due to pedestrians having their photo taken on the crossing, in turn holding up traffic and creating a hazardous environment.

 

By way of an alternative if the Council did want to make a symbolic statement about its attitude to the debate about LGBT social inclusion then it could fly the LGBT flag at the Council Chambers regularly or periodically.  The flag is shown below.  This would be a substantially lesser cost option than painting crossings or footpaths and attending to their on-going maintenance and possible vandalism.

 

Description: C:\Users\michaelc\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\1KJ6B310\IB6VM442.jpg

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 

There are social implications of acceptance, diversity and inclusiveness.

 

Economic

 

Risk

 

Without RMS approval there is a small increase of risk to Council of the pedestrian crossing not meeting Australian standards.

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager

ITEM 9.1      SF959              310817         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

15/7/17 – AGMCS has prepared a Rates Newsletter

 

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

 

JANUARY 2017

 

5

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.

 

 

MARCH 2017

 

6

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

 

The website www.nambuccatourism.com.au is now live.  Some issues remain to be sorted out including banner behaviour, and the complexity of event administration.  An email to all tourism related businesses will be sent out soon asking them to check their listings and links and to provide high resolution photos.

Whilst this is happening the Tourism Coordinator is busy putting all upcoming events on the website as they couldn’t be salvaged from the Bookeasy site.  The Chambers of Commerce will also be asked to check the texts on each town and to update them as required.

 

 

7

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

 

 

8

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

3/5/17 – Further investigation being undertaken

22/6/17 – 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

 

9

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.

 

22/8/12 – Mayor has sent a follow-up email.

 

 

MAY 2017

 

10

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

 

11

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

31/07/17 – Meeting organised with DPI Water in Grafton on Monday 7 August at 1pm

 

9/08/2017 – Mayor, GM and MW&S met Office of Water and Fisheries at Grafton.  Those Departments are insisting Council undertaking a 7 part test on the effective change the dam licence to capture flood flows.

 

 

JUNE 2017

 

12

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

 

15/7/17 - Delayed due to EOFY priorities.  Report in August 2017

 

/8/17 – Due to statements further delayed until September 2017.

 

13

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

 

14

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.

14/7/17 – Senior Executive Officer and Clerk of the Course for Rally Australia advised that Council’s claim would not be raised in the community consultative committee meeting – suggested a separate meeting.  Arrangements being made to have a meeting which Councillors can attend.

 

19/7/17 - arrangements made with Rally Australia at 4.00pm on 27 July 2017.

 

28/7/17 – telephone representations made to Destination NSW as well as written representations to the office of the Member for Oxley.

 

 

JULY 2017

 

15

SF841

27/7/17

Make representations to the Member for Oxley re supporting residents’ concerns in relation to the post construction operational noise of the Pacific h/w between Nambucca Heads and Urunga, requesting additional noise attenuation.

 

GM

Letter sent 31/07/17

 

16

SF2381

27/7/17

Matter (conflict arising from horticulture) be deferred so heads of consideration can be drafted being information required to lodge a DA and the exemption criteria.

 

GM

Report in August 2017

 

8/17 – Deferred due to workload until September 2017.

 

17

SF2307

27/7/17

There be a further report in relation to the concept plan for the extension of the Nambucca Heads library prior to the lodgement of the expression of interest.

 

GM

Report to Council on 31/8/17

 

8/17- Late report to come to meeting

 

AUGUST 2017

 

18

SF1676

17/8/17

Capital Works report for the fourth quarter … be deferred for 2 weeks so as to allow all Councillors to further review the matter.

 

AGMES

Report in business paper

 

19

SF88

17/8/17

Council advertise the draft Resignations – Purchase of Gifts Policy (and report back).

 

GM

Report in September 2017

 

20

SF979

17/8/17

Council receive advice from Council’s planning staff on whether the declaration of a Great Koala National Park would have any impact on the permissible uses of adjoining land.

 

GM

Report in September 2017

 

21

SF979

17/8/17

The advice of the Forestry Corp, the three local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party (in relation to the Great Koala National Park) be further reported to Council.

 

GM

Report in October 2017

 

22

SF1855

17/8/17

The Macksville Revitalisation Strategy be placed back on exhibition in relation to the non-native species that have been chosen which are not included in Council’s “Guidelines – Trees on Public Land”.

 

GM

Report in September 2017

 

23

SF2278

17/8/17

That council investigate opportunities through the Sustainability Advantage Program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.

 

GM

Report in October 2017

 

24

SF2278

17/8/17

Council investigate purchasing electric (or similar) vehicles for the Mayor and GM prior to the next replacement date.

 

AGMES

Mayor’s car is due for replacement this financial year.

 

8/17 – Report to be done in September 2017.

 

25

SF1631

17/8/17

Advice be sought from NSW Health as to whether it is appropriate for Council to advise water consumers connected to the transfer main upstream of the balance tank that they should treat the reticulated water supplied as non-potable and boil all water proposed to be used for drinking and cooking.

 

AGMES

8/17 – Report to be done in October 2017

 

26

SF1631

17/8/17

Council consider the construction of a water treatment plant in its future capital works (IWCM) program and financial planning.

 

AGMES

8/17 – Report to be done in October 2017

 

27

SF1631

17/8/17

Grant funding be sought for a conceptual design and costing for a water treatment plant.

 

AGMES

8/17 – Report to be done in September 2017 following submission of EOI.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.2      SF621              310817         Aboriginal Land Claims 6596 and 44876 at Congarinni North

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received advice from the Aboriginal Land Claim Investigation Unit (ALCIU) of the Department of Industry – Lands of two Aboriginal Land Claims in the Nambucca local government area.  They are:

 

·      Claim No. 6596 from the Bowraville Local Aboriginal Land Council for Part Lot 7302 DP 1146646 lodged 4 June 2001; and

 

·      Claim No. 44876 from the NSW Aboriginal Land Council for Whole Lot 7302 DP 1146646 lodged 1 August 2017.

 

The ALCIU is seeking advice from Council that establishes:

 

·      Lawful use or occupation and

·      Need or likely to be needed for an essential public purpose

 

The ALCIU also note that if Council has no interest in the granting or refusal of the claims, that the ALCIU be advised as such to prevent unnecessary delays in processing claims.

 

The ALCIU have requested that Council provide a response by 12 September 2017.

 

 

Recommendation:

 

A       That the Aboriginal Land Claim Investigation Unit be advised as follows:

 

          1        Council has no need or likely need to use the land for an essential public purpose.

          2        Council has no interest in the granting or refusal of these claims.

 

B       That Council seek a licence agreement from the adjoining owners to Lot 7302 DP 1146646 for their use of Crown land including Crown Reserve 755537 and that the General Manager be provided with delegated authority to enter into an appropriate licence agreement with Council’s seal to be affixed to licence documents as may be required.

 

 

OPTIONS:

 

There are no realistic alternative options.

 

 

DISCUSSION:

 

Council has received the attached advice from the Department of Industry concerning two Aboriginal Land Claims which are being investigated by the Aboriginal Land Claim Investigation Unit.

 

The claims relate to the same parcel of land and have apparently been lodged 16 years apart.  There is no explanation as to why the ALCIU is considering two competing claims for the same land, nor why the claim which is 16 years old has not been dealt with.

 

The land the subject of the claim, Lot 7302 DP 1146646 is shown on the attached plan.  The land comprises Crown Reserve 755537 being the Old Wharf Reserve.  It would appear that the land is being grazed in association with the adjoining property.  There is no evidence on Council files of any lease or licence agreement for the use of the land which has an area of 1.5 hectares.

 

I telephoned the adjoining property owner who appears to utilise the Crown land for grazing and which effectively severs their house from the balance of their land.  The property owner advised that they were aware of the previous land claim but disagreed that the access handle shown on the attached plan existed.  They have requested to meet with me on 25 August.  I have explained that Council has no role in the determination of the Aboriginal Land Claims and I will provide them with a copy of the attached advice from the Department of Industry.

 

The use of the Crown land for which, under the NSW Local Government Act, the Council has care, control and management of should be remedied with a licence agreement.  This would provide some consideration for the use of the land and indemnify Council, via their insurance, in relation to the use of the land.

 

Council has no existing need or likely need to use the Crown land for an essential public purpose.  This is evidenced by the fact that its use has been effectively uncontrolled since the use of the wharf for river transport ended.

 

Council has no interest in the granting or refusal of the claim and the ALCIU should be advised accordingly.

 

The logical future of the Crown land is that it be incorporated into the ownership of the adjoining property but this is a matter for the Crown and any future owner, not the Council.  Such transfer would require both parties to agree on the terms of the transfer.

 

 

CONSULTATION:

 

There has been consultation with the adjoining property owner who utilises the land.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental implications relate to the use of the land rather than its ownership.

 

Social

 

There are no significant social implications.  It is an on-going source of frustration to the Aboriginal community that properly constituted land claims remain undetermined after decades.  The Council has previously made representations in relation to these delays but nothing seems to change.  The uncertainty regarding the future of the land does impact on the adjoining property owner who utilises the land.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are no significant risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.

 

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no significant resourcing implications.

 

Attachments:

1

31184/2017 - Aboriginal Land Claims 6596 and 44876, Congarinni North

 

2

31244/2017 - Aboriginal Land Claims 6596 and 44876 map

 

  


Ordinary Council Meeting - 31 August 2017

Aboriginal Land Claims 6596 and 44876 at Congarinni North

 


 


 


 


Ordinary Council Meeting - 31 August 2017

Aboriginal Land Claims 6596 and 44876 at Congarinni North

 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager

ITEM 9.3      SF42                310817         Councillor Expenses and Facilities Policy - Better Practice Template

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

Council adopt the draft Councillors Expenses and Facilities Policy, noting the addition of the requirement that Councillors, including the Mayor, should only obtain incidental private benefit from the provision of a motor vehicle for official use. 

 

 

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.

 

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.

 

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.

 

At Council’s meeting on 13 July 2017 it was resolved that the draft policy be advertised for public submissions for a period of at least 28 days.  It was also resolved that the Office of Local Government be advised of Council’s concerns about the template arrangements for the Mayoral vehicle and Council’s reasons for not adopting the template recommendations.

 

The draft policy was advertised for public comment for a period of at least 28 days with notices being placed in the Nambucca Guardian News and on Council’s website.  No submissions have been received.

 

A response from the Office of Local Government (OLG) to Council’s concerns has been received and is attached.

 

Whilst the OLG note Council’s comments they advise that it is mandatory for all councils’ councillor expenses and facilities policies to comply with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW (the Guidelines).  Specifically in relation to mayoral vehicles, the Guidelines state that:

 

“Councillors, including the mayor, should only obtain incidental private benefit from the provision of a motor vehicle for official use unless the policy specifically provides for private use and has a mechanism in place for a payment to be made for that private use.  This mechanism should be outlined in a council’s expenses and facilities policy.”

 

Given the OLG’s advice that the Guidelines are mandatory, it is proposed that a clause be added to the policy stating that Councillors, including the Mayor, should only obtain incidental private benefit from the provision of a motor vehicle for official use.  This requirement has been added to the attached policy.

 

CONSULTATION:

 

There has been consultation with the Office of Local Government.

 

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

24861/2017 - Draft Councillors Expenses and Facilities Policy

 

2

30484/2017 - Response from Office of Local Government

 

  


Ordinary Council Meeting - 31 August 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 - 31 August 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

Councillors, including the Mayor, can only obtain incidental private benefit from the provision of a motor vehicle for official use.  The Mayor is allocated a council vehicle and fuel card for official use.  Councillors other than the Mayor are to make arrangements with the General Manager for the use of a council vehicle for official use.

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.  The Mayor can only obtain incidental private benefit from the use of this vehicle.

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.

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.

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.

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 - 31 August 2017

Councillor Expenses and Facilities Policy - Better Practice Template

 


 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.4      SF1031            310817         Review of Payment of Developer Contributions Policy

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

The two year trial period for the waiver of developer contributions for secondary dwellings ended on 13 August 2017. The trial period resulted in a positive public response with a significant increase in the number of development applications lodged with Council. It is recommended that Council extend the waiver period indefinitely.

 

In addition to the above, it is also recommended that the Payment of Developer Contributions Policy be amended by modifying the requirements for the timing of payment of contributions so that the policy is consistent with the contribution plans and to provide greater certainty that the contributions will be paid.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That Council amend the Payment of Developer Contributions Policy as outlined within the draft policy contained in attachment 1 of the report.

 

 

OPTIONS:

 

1        Not amend the policy.

2        Adopt all or some of the proposed amendments.

 

DISCUSSION:

A secondary dwelling is defined within the Nambucca Local Environmental Plan 2010 (NLEP) as follows:

secondary dwelling means a self-contained dwelling that:

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

 

Clause 5.4 (9) of the NLEP provides the following development standard relating to secondary dwellings:

 

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)  60 square metres,

(b)  50% of the total floor area of the principal dwelling.

 

Secondary dwellings can provide positive outcomes such as increased affordable rental accommodation within the shire, a viable option for elderly family members, alternate accommodation for ageing rural property owners who wish to retain a rural lifestyle, supplementary income for land owners who rent out the second dwelling, seasonal accommodation for farm workers, reducing unnecessary subdivision of rural land, and minimising the number of illegal dwellings which result in Council needing to take regulatory action.

 

After consideration of the above, Council made the following resolution at its meeting on 13 August 2015:

 

That Council approve the new Policy - Section 94/64 Contributions to include the waiver of developer contributions for secondary dwellings for a two year trial period, namely: Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period of 2 years commencing from (date of Council’s approval of Policy amendment).

 

The above was included in the ‘Payment of Developer Contributions Policy’ (the policy) and the waiver of development contributions has been applied to secondary dwelling developments which meet the specified criteria. The waiver of development contributions was supported by Regional Development Australia and was consistent with Councils such as Coffs Harbour, Port Macquarie, Lismore, Ballina, Tweed, and Byron. Coffs Harbour implemented a two year trial period in 2015 which was consistent with Nambucca’s. The trial period recently ended and the Council resolved to continue to waiver the developer contributions indefinitely.

 

Between 14 December 2012 (when Council amended the secondary dwelling development standard in the NLEP) and the commencement of the two year trial period on 13 August 2015, 13 development applications for secondary dwellings had been received by Council.

 

Since the commencement of the trial there has been significant positive community and industry comment and support for the waiver; with 29 development applications for secondary dwellings lodged with Council during the two year trial.

 

Given the floor space constraints faced with the design of a 60m² dwelling, they generally contain one or two bedrooms. Under Councils current fees and charges, the applicable s64 and s94 contributions for these secondary dwellings would be as follows:

 

Rural Zones

One bedroom dwelling: $3,521.10

Two bedroom dwelling: $4,332.90

 

Nambucca Heads/Valla Beach/Hyland Park/Bellwood

One bedroom dwelling: $13,611.20

Two bedroom dwelling: $19,468.05

 

Macksville South Release Area

Area 1

One bedroom dwelling: $16,078.70

Two bedroom dwelling: $24,552.90

Area 2

One bedroom dwelling: $19,323.70

Two bedroom dwelling: $25,746.30

 

Bowraville

One bedroom dwelling: $12,352.70

Two bedroom dwelling: $17,580.30

 

Scotts Head

One bedroom dwelling: $17,279.20

Two bedroom dwelling: $24,970.05

 

Although the development contribution waiver for secondary dwellings will result in a loss of revenue for Council, it assists in generating growth within the affordable housing sector which provides the previously mentioned social benefits and flow on economic benefits within the shire. As such it is recommended that the policy be amended to waive s64 and s94 contributions for secondary dwellings indefinitely as provided for in the draft policy provided in attachment 1.

 

On review of the remainder of the policy it is recommended that the following amendments be made regarding the timing of payment of contributions:

 

·      The current developer contribution plans require contributions associated with building work to be paid prior to the issue of a construction certificate. The policy states that they should be paid prior to the issue of an occupation certificate. It is recommended that this inconsistency be rectified by amending the policy to require such contributions to be paid prior to the issue of a construction certificate. This ensures contributions are captured prior to works commencing which minimises potential lost contribution revenue as a result of people occupying buildings without obtaining an occupation certificate.

 

·      It is recommended that the timing of contributions payable for development not involving any building works to be payable prior to the issue of an occupation certificate or within one month from the commencement of the development consent (whichever occurs first). This is instead of the current requirement of “at the time of issue of occupation certificate, subdivision certificate, or where no such certificates are required prior to the issue of an approval”. It is considered that the current requirement is impractical because development consents for the continued use of unlawful works do not require any such certificates; contributions cannot be levied prior to the issue of a development consent, and any change of use which requires an occupation certificate could be occupied without an occupation certificate. If this is not monitored by Council and the development is occupied for more than 12 months, an occupation certificate is not required under the Environmental Planning and Assessment Act 1979. This would leave the contributions condition in the development consent invalid. However, the recommended change to require payment within one month from the commencement of the development consent will ensure the condition would remain valid for the duration the consent was operational.

 

·      It is also recommended that a provision requiring payment prior to the commencement of works for complying development certificates be incorporated into the consent to avoid the above mentioned issue of people occupying developments without an occupation certificate. There are no construction certificates associated with complying development certificates.

 

The above mentioned recommended amendments to the policy are outlined in the draft policy within attachment 1.

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

As outlined above.

 

Economic

 

As outlined above.

Risk

 

Nil

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As outlined above.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

30410/2017 - Attachment 1 - Draft Payment of Developer Contributions Policy

 

  


Ordinary Council Meeting - 31 August 2017

Review of Payment of Developer Contributions Policy

 

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL POLICY

 

PAYMENT OF DEVELOPER CONTRIBUTIONS

SECTION 64 & SECTION 94

  

 

 

FunctionCORPORATE SERVICES (FINANCE)

 

 

Adopted: 19/10/2006

Last reviewed: 16 JULY 2008

 16 April 2009

20 October 2010

11 June 2015

13 August 2015

31 August 2017

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

1.0     Policy Objective

 

1.1       To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

 

1.2       Consistent with section 1.1 and after carefully assessing the financial risk to Council, provide for deferred payment arrangements which will reduce a developer’s holding costs as a means of encouraging economic development through increasing the capacity to reduce prices and increase return on investment.

 

 

2.0     Policy Statement

 

PAYMENT OF CONTRIBUTIONS

 

The payment of contributions should be made at the following times:

 

Development applications involving subdivisions

 

·              Prior to the release of the subdivision certificate.

 

Development applications involving building work

 

·              Prior to the release of the  construction certificate.

 

 

Development applications where no building work is involved

 

Prior to the issue of an occupation certificate or within one month from the commencement of the development consent (whichever occurs first).

 

Complying development applications

Prior to the commencement of works.

 

DEFERMENT OF PAYMENTS

 

Council will accept a deferral or periodic payment of contributions via a bank guarantee and in certain limited circumstances by entering into a deed of agreement for the payment of contributions upon the sale (settlement) of each lot.

 

Deferral of payments secured by bank guarantee

 

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than 2 years.  In such a case the applicant must make a written request.

 

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

 

1          indexing will be calculated from the date the contribution was due until the date of payment;

 

2          the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to twenty five (25) months interest plus any charges associated with establishing or operating the bank security;

 

3          the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twenty four (24) months from the provision of the guarantee or completion of the work;

 

4          the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development  consent or the carrying out  of development;

 

5          the banks obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

 

6          where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

 

7          the applicant will be charged an administrative fee based on the professional fees set in Council’s Revenue Policy;

 

8          periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

 

Deferral of payments secured by deed of agreement and caveats

 

Council will consider entering into a deed of agreement with a developer whereby it is agreed that contributions will be paid on the sale (settlement) of each subdivided lot with Council’s interest in the payment of such contributions being “secured" by a caveat on each title.  The deed of agreement is to contain a schedule listing the contributions to be paid on the settlement of each lot.

 

This deferral of payments arrangement is restricted to:

 

1.         Residential subdivision only

2.         Not more than 15 lots for development consents issued after 16 February 2012 (which are paying full Section 64 water and sewerage developer contributions)

3.         Not more than 30 lots for development consents issued before 16 February 2012 (which are paying “grandfathered” water and sewerage contributions)

4.         A term of 5 years in which to sell the lots.

 

This option for deferral of payments is not “as of right”.

 

As this deferral option does not provide Council with financial security for the required contributions, the elected Council will make a determination as to a developer’s suitability.

 

In assessing a developer’s suitability for such an arrangement, the Council will undertake a risk assessment and consider:

 

a.   The developer’s record in undertaking similar subdivisions in the Nambucca Valley;

b.   The developer’s liquidity;

c.   The relevant market conditions at the time; that is interest rates, sales of vacant land, other investment occurring in the LGA etc;

d.   Any evidence of pre-sales;

e.   Whether or not the developer is agreeable to Council securing all of part of the debt by way of a registered mortgage.

f.    Any other matter relevant to assessing the financial risk to Council.

 

 

Waiver of fees for secondary dwellings

 

Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls).

 

 

 

Department:

Corporate Services

Last Reviewed

Resolution Number

Author:

Colleen Henry

16/7/2008

 

Document No.

 

16/4/2009

 

First Adopted:

19/10/2006

20/10/2010

 

Resolution No:

 

11/6/2015

 

Review Due:

 

13/8/2015

972/15 (Trim 2225300/2015)

 

 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.5      SF1406            310817         Nomination for Joint Regional Planning Panel (JRPP)

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

A summary is not necessary.

 

 

Recommendation:

 

That Council appoint Kempsey Shire Council’s Manager of Development Assessment Erin Fuller as Nambucca Shire Council’s member on the Northern Joint Regional Planning Panel.

 

 

OPTIONS:

 

1        Appoint Kempsey Shire Council’s Manager of Development Assessment Erin Fuller as Nambucca Shire Council’s member on the Northern Joint Regional Planning Panel.

 

2        Appoint another Council member to the Northern Joint Regional Planning Panel.

 

 

DISCUSSION:

 

Joint Regional Planning Panels (JRPPs) have been established to determine development proposals of regional significance as outlined in schedule 4A of the Environmental Planning and Assessment Act 1979.

 

There are six JRPPs within NSW. Nambucca and Kempsey Shire Councils are within the area of the Northern JRPP. The Northern JRPP is made up of five members, including three members appointed by the Minister and two members appointed by the Council in which the development to be determined is located.

 

Nambucca and Kempsey Shire Councils have entered into a reciprocal arrangement where both Councils appoint two members from the others Council to avoid potential conflicts of interest. This has seen Nambucca Shire Councils Mayor and Manager of Development & Environment been appointed by Kempsey Shire Council as their members and Kempsey Shire Councils Mayor Liz Campbell and Director Sustainable Environment Robert Pitt been appointed by Nambucca Shire Council.

 

Due to Robert Pitt’s tenure at Kempsey Shire Council ending on 18 August 2017, Nambucca Shire Council is required to appoint a new member to the Northern JRPP. Kempsey Shire Council have recommended that their Manager of Development Assessment Erin Fuller be appointed as Nambucca Shire Councils member in place of Robert Pitt.

 

Given the expertise in development assessment that Erin Fuller offers and the success the current reciprocal arrangement has had with regards to providing sound determinations of development applications and avoiding potential conflicts of interest, it is recommended that Council appoint Erin Fuller as Nambucca Shire Councils member on the Northern JRPP.

 

 

CONSULTATION:

 

General Manager

 


 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

The reciprocal arrangement with Kempsey Shire Council has been held up as a best practice standard for JRPP operations.  The Councils have not been subject to conflict of interests issues which have occurred with other JRPP’s.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.6      DA2015/043      310817         DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 

AUTHOR/ENQUIRIES:    Brad Lane, Senior Town Planner         

 

Summary:

 

Council at its meeting of 15 June 2017 was resolved that a review be undertaken of Condition 2 of Development Consent DA2015/043 as per Condition 2a of the consent.

 

In addition to the above review, the operator of The Beach House Providore (café) has also lodged an application to modify the consent comprising a reconfiguration of the internal layout of the café (Section 96 of the Environmental Planning and Assessment Act), and an application for the placement of café table and chairs on the foot path adjacent to the premises (Section 125 to of the Roads Act 1993).

 

This report addresses all three elements of the proposal being:

 

1)   Review of Condition 2 (Trading Hours).

 

2)   Section 96 Modification of Consent (Internal layout)

 

3)   Section 125 Application for Footpath Dining

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

Council determines the Review of Condition 2 in Development Consent DA2015/043 by approving an extension of trading hours as follows:

 

          Restricted hours of operation – Reviewable Condition

 

          The hours of operation of the restaurant/cafe are restricted to the times in the following table:

 

Period 1 – Australian Eastern Daylight Time

Start Time

Finish Time

Monday to Thursday

6:30am

6pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

6pm

Period 2 Australian Eastern Standard Time

Start Time

Finish Time

Monday to Thursday

6:30am

8:30pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

8:30pm

 

The hours of operation include any deliveries and the operation of mechanical equipment which are audible from outside the subject land.

 

 

1.  Council approve the Section 96 Application to modify Condition 1 of Development Consent DA2015/043 as per Attachment 4, and

 

2.  Council grant a footpath dining licence subject to the conditions provided in Attachment 5.

 

 

OPTIONS:

 

1.   Approve the applications is accordance with the recommendation.

 

2.   Refuse any or all or the applications.

 

DISCUSSION:

 

1.0     REVIEW OF CONDITION 2

 

A previous application to modify Condition 2 of the development consent was lodged on in February 2017. It was proposed to modify the hours of operation to 6:30am to 10pm 7 days per week. After consideration of the submissions received, the assessing officer came to the conclusion that the proposed extension of trading hours to the extent proposed by the applicant (i.e. 6:30am to 10pm x 7 days) was excessive given the residential character of the area. The assessing officer considered that some extension to the originally approved trading hours could be supported which would involve minimal impact on adjoining residential uses. This resulted in the consent being modified to allow 6:30am opening 6 days per week and extended trading on Friday and Saturday night to 9:30pm.  Sunday trading hours were not altered.

 

The applicant was not satisfied with the above determination and in May 2017, requested a Review of the Determination under Section 96AB.  The review was conducted by Council’s Manager Development and Environment and determined that the hours as modified were reasonable and maintained the same modified hours but made the condition a “reviewable condition”. 

 

The current situation is that Condition 2 and Condition 2a (as modified) are in the following terms:

 

Restricted hours of operation – Reviewable Condition

 

2.       The hours of operation of the restaurant/cafe are restricted to the times set out in the following table:

 

Period

Start Time

Finish Time

Monday to Thursday

6:30am

6pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

6pm

 

The hours of operation include any deliveries and the operation of mechanical equipment which are audible from outside the subject land.

 

Any alteration to the above hours of operation will require the further consent of Council.

 

Reviewable Condition

 

2a.     Condition 2 is a reviewable condition pursuant to s80A(10B) of the Environmental Planning and Assessment Act 1979. Council may review condition 2 at any time and may change the condition as part of any such review. 

         

Note: Any review undertaken by Council will be undertaken in accordance with clause 124D of the Environmental Planning and Assessment Regulation 2000.

 

Relevant notices were sent to the operator of the café and other persons in accordance with the Regulation.  Submissions that were received have been considered.

 

The operator of the café made a submission requesting that the trading hours be extended from a closing time of 6pm Sunday to Thursday to 8:30pm Sunday to Thursday.  In support of the proposal the operator of the business has indicated the desire to trade later to service the dinner period.

 

A form letter has been prepared with 127 variations of it being submitted in support of the extended trading hours and footpath dining area. A further 6 submissions of support were received.

 

The site is located within a R1 General Residential zone.  The previous modifications of the trading hours sought to balance the demonstrated community demand for the café use while maintaining reasonable residential amenity for neighbouring dwellings.

 

Two detailed submissions were received by nearby residents who oppose the extension of trading hours for the café. The key issues raised in the submissions relate to noise generated by early deliveries (4:30am), car parking, noise and impacts upon residential amenity and a diminished sense of security. 

 

The modified internal layout of the café reduces the numerical car parking requirement of the development. 

 

Having due consideration of the submissions made in support and against extending trading hours, it is not desirable to have a restaurant in a residential area with mid-week late night trading. However, it is considered reasonable to allow extended week day trading hours during the daylight savings period as outlined in the following modified condition

 

Restricted hours of operation – Reviewable Condition

 

2.       The hours of operation of the restaurant/cafe are restricted to the times set out in the following table:

 

Period 1 – Australian Eastern Daylight Time

Start Time

Finish Time

Monday to Thursday

6:30am

6pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

6pm

Period 2 Australian Eastern Standard Time

Start Time

Finish Time

Monday to Thursday

6:30am

8:30pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

8:30pm

 

The hours of operation include any deliveries and the operation of mechanical equipment which are audible from outside the subject land.

 

2.0     SECTION 96 MODIFICATION

 

The proposed modification to the development is to reconfigure the internal layout of the café.  The proposed reconfiguration will create a larger “back of house” area by moving the counters forward reducing the “serviced area”.  The existing approved plan is provided as Attachment 1 and the proposed modified plan is provided as Attachment 2.

 

The serviced floor area within the café is reduced by 15.6m2.  Since the car parking rate of the proposed development is calculated from the serviced area at a rate of 1 space per 6.6m2 of serviced floor area, the car parking would be reduced by 2.3 spaces. 

 

The proposed modification application is assessed against the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979 as follows:

 

SECTION 96(1A)

Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if:

 

Complies

Comments

(a)      It is satisfied that the proposed modification is of minimal environmental impact,

Yes

The proposal will not alter the external appearance of the development. 

(b)      It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),

Yes

The proposal will not alter the built form or any other detail of the current development.

(c) It has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent,

Yes

The proposal was notified. 

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

Yes

None of the submissions received related to the reconfiguration of the internal space of the café.

 

SECTION 96 (3) & (5)

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

 

Complies

Comments

a  the provisions of:

Yes

The proposal will not alter the statutory compliance of the development.

(i)         any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Yes

The proposal is consistent with relevant draft environmental planning in instruments.

(iii) any development control plan, and

Yes

The proposal does not alter the compliance of the existing development with the DCP.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

N/A

 

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Yes

The matters for consideration under the Regulation have been taken into account in assessing the application.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

Yes

No change.

b        the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

Yes

The proposed modifications to the internal configuration of the café are minor.

c        the suitability of the site for the development,

Yes

The site remains suitable for the development.

d        any submissions made in accordance with this Act or the regulations,

Yes

The matters raised in the submissions have been considered in the assessment of the application.

e        the public interest.

Yes

The proposal is considered to be in the public interest.

(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.

N/A

 

 

 

3.0     SECTION 125 APPLICATION FOR FOOTPATH DINING

 

The application for footpath dining relates to an area of 10.6m2 located immediately adjacent to the premises with a total of 4 tables with bench seating. The proposal will maintain a minimum 1.5m clear passage on the footpath for pedestrians.  A sketch of the proposed footpath dining area is provided as Attachment 3.

 

The following table contains an assessment against the relevant criteria to be considered in determining an application for footpath dining.

 

FOOTPATH DINING

(S.125 ROADS ACT)

CRITERIA

ASSESSMENT COMMENT

Criteria

Footpath dining is not permitted in areas adjacent to a pedestrian crossing.

 

Right of access is to be retained to utility services.

 

The area for footpath dining is to be determined on the available width of the area, less any existing street fixtures (including street furniture provided for community use).

 

The minimum practical depth for footpath dining is 1 metre, which allows 2 chairs per table. In some cases consideration will be given to kerbside dining provided that it does not directly adjoin an area exposed to motor vehicle movement ie., parking and there is a solid barrier in place to separate the seating from the road.

 

A 1800 wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville where a minimum of 1200mm must be maintained. In some instances this distance may be reduced where the applicant can demonstrate that there is an accessible path of travel and that there will be no increased impact on pedestrian access when the street furniture is in place.

 

Street furniture (including umbrellas) must be kept in good condition and not project beyond the designated permit area. Structures or items must not have sharp, pointed, jagged edges, corners or protrusions that may cause injury to persons or act as a trip hazard. It is preferable that chairs not be placed with their backs to the road. Umbrellas/shade structures must be secured in accordance with AS/NZS 1170 – Structural design actions.

 

Street furniture should be aesthetically suitable and involve a colour scheme and materials that are strong, durable, waterproof and weather resistant, designed for commercial outdoor use. The design must not contain parts that are likely to cause damage to the pavement. The surfaces of tabletops shall be non-reflective.

 

The underside of the canopy of umbrellas shall have a minimum clearance of 2.2 metres above footpath level and must be securely supported and suitably anchored to withstand unexpected wind gusts. Umbrellas shall not protrude over the roadway.

 

Outdoor radiant heaters are to be used in accordance with AS4565: Radiant gas heaters for outdoor and non-residential indoor use, and positioned where they will not present a fire hazard, for example not in close proximity to screens/awnings/umbrellas and other shade structures.

 

The business operating the outdoor dining area is responsible for all waste collection from the designated area. The public waste bins are not to be used for the disposal of waste from the business.

 

The business operating the outdoor dining area is responsible for the cleaning of the outdoor dining area. Cleaning of the outdoor dining area is not to involve the sweeping of waste into the gutter or the adjacent public footpath.

 

Sub-letting will not be permitted under any circumstances.

 

Where lighting of the outdoor area is required, the lighting is to be provided to Council’s satisfaction.

 

All outdoor dining areas are to be smoke free environments.

 

All food must be stored and prepared within the approved food preparation area of the premises.

 

Food and drink preparation equipment, cash registers, counter facilities or dumb waiters are not permitted on the footpath.

 

Toilet facilities must be made available to patrons where the premise accommodates more than 20 seats in accordance with the Building Code of Australia.

 

No entertainment or amplified music is permitted within the designated area.

 

The area is to be maintained in a clean condition at all times. Waste generated is to be disposed of via the host premises and not into the gutter or street bins.

 

Should table service be provided, all staff providing the service must provide right of way to pedestrians using the footpath.

 

All street furniture must be removed from the footpath when premises are closed.

 

Advertising on street furniture including shade structures, screens, petitions or barricades must be kept to a minimum. If advertising does not comply with State or Council Exempt Development requirements, a development application for advertising must be lodged.

 

An annual licence fee is required to be paid to Council.

 

An application for an approval for footpath dining adjacent to a classified road (Pacific Highway) will only be considered after the applicant has obtained the written approval of the Roads and Maritime Services.

 

Where footpath dining is in association with a licensed premise, liquor may not be supplied or consumed without the consent of Council. Concurrence from the Liquor Administration Board and the NSW Police – Local Area Commander is required. Liquor must not be consumed unless it is served with a meal from the premises. Where there is an alcohol free zone in place it would be inappropriate to permit the consumption of alcohol in these zones. For details of alcohol free zones see www.nambucca.nsw.gov.au

 

Evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

 

The outdoor dining area shall not restrict access to public facilities such as bins and seating.

Complies

 

 

Complies

 

Noted. To be a condition of any licence agreement.

 

 

Complies. The width of the dining area within the road reserve is 1.65m from the front of the café balcony.

 

 

 

Does not comply. The proposed footpath dining area will allow for an unobstructed footpath width of 1.5m.  It is considered that the proposed licence area will maintain an adequate accessible path of travel for pedestrians.

 

 

Noted. To be a condition of any licence agreement.

 

 

 

 

 

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

 

Noted. To be a condition of any licence agreement.

 

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

 

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

Noted. To be a condition of any licence agreement.

 

 

 

Noted. To be a condition of any licence agreement.

 

Not applicable.

 

 

 

 

Not applicable.

 

 

 

 

 

 

 

 

 

 

Noted. To be a condition of any licence agreement.

 

 

 

Complies.

 

 

 

The proposal substantially complies with the assessment criteria subject to the conditions identified in the above table.  The increased car parking demand generated by the increased footpath dining area is off set by the proposed reduction of serviced floor area within the subject café.  Accordingly the granting of an annual footpath dining licence is supported.

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Subject to compliance with the conditions of the consent and the footpath dining licence the proposal is unlikely to create adverse social impacts.  The trading hours condition will remain reviewable and the footpath dining licence is subject to annual renewal.  This will allow a review of the situation should undesirable impact occur.

 

Economic

 

Nil

 

Risk

 

Subject to the applicant demonstrating evidence of public liability insurance (minim $20 million cover) specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party, there is minimal risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

32153/2017 - DA 2015/043 - Council Report - Attachment 1

 

2

32154/2017 - DA 2015/043 - Council Report - Attachment 2

 

3

32155/2017 - DA 2015/043 - Council Report - Attachment 3

 

4

32157/2017 - DA 2015/043 - Council Report - Attachment 4

 

5

32156/2017 - DA 2015/043 - Council Report - Attachment 5

 

  


Ordinary Council Meeting - 31 August 2017

DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 


Ordinary Council Meeting - 31 August 2017

DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 


Ordinary Council Meeting - 31 August 2017

DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 


Ordinary Council Meeting - 31 August 2017

DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 


 


 


Ordinary Council Meeting - 31 August 2017

DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.7      DA2017/170      310817         DA2017/170 - Placement of shipping container

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor         

 

Summary:

 

The Applicant proposes to place a shipping container to the west of an existing kiosk/amenities building adjacent to the existing netball courts in Willis Street, Macksville. The purpose of the building is to increase capacity for storage of materials and equipment on site associated with the function of the Nambucca Valley Netball Association.

 

The subject land is owned by Council. The current land use may be defined as a ‘Recreation Area’.

 

This matter is being reported to Council as delegated authority is not conferred to staff for the determination of Development Applications due to the land being classified as ‘Community Land’ pursuant to the Local Government Act, 1993.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That the Development Application DA2017/170 be determined by granting Development Consent subject to the recommended conditions within Attachment 1 and endorsement of the plans in Attachment 2 at the end of this report.

 

 

OPTIONS:

 

1        That Council determine the application by granting Development Consent to the proposal subject to recommended conditions within Attachment 1 and the endorsement of the plans in Attachment 2 at the end of this report.

 

2        That Council determine the application by granting Development Consent to the proposal unconditionally.

 

3        That Council determine the application by refusing to grant Development Consent to the proposal with reasons.

 

 

DISCUSSION:

 

Following is the Development assessment of the subject proposal pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979;

 

The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

 

It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

Section 79BA - Consultation and development consent—certain bush fire prone land

 

N/A

Section 79C(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a) (i)  The provisions of any environmental planning instrument (EPI)

 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

RE1

The proposal is consistent with the zoning objectives and supports the existing functions of the Nambucca Valley Netball Association.

5.9AA – Trees or vegetation not prescribed by a development control plan

Yes

The Nambucca Development Control Plan 2010 (NDCP) is the only DCP applicable to the proposed development. The NDCP does not prescribe for the purposes of clause 5.9 any tree or other vegetation.

7.1 – Acid Sulphate Soils

Yes

The subject site is Class 3 Acid Sulphate Soil. The proposal will involve minimal excavation therefore this clause is satisfied by virtue of this.

7.3 – Flood Planning

Yes

The site is flood liable. Subject to suitable tie down design (conditional) the structure satisfies this clause.

7.6 - Earthworks

Yes

The placement of the shipping container will involve minimal earthworks.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

The proposed development is assessed against the relevant State Environmental Planning Policies in the following table:

 

State Environmental Planning Policy

Complies

Comments

SEPP 55 - Remediation of Land

Yes

The historic use of this land does not warrant any further investigation having regard to this policy.

 

(a) (ii)   The provision of any draft environmental planning instrument (EPI)

 

There are no draft environmental planning instruments applicable to the proposed development.

 

(a) (iii)  The provision of any Development Control Plan

 

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

 

The proposed development is assessed against the relevant clauses of the Nambucca Development Control Plan 2010 in the following table:


 

NAMBUCCA DCP 2010

Complies

Comments

Notification and advertising (Part A)

N/A

 

Environmental context (Part A)

Yes

Minor development.

Site Analysis (Part A)

Yes

Plans satisfactory for the purpose of Development Assessment.

Subdivision (Part B)

N/A

 

Car Parking & Traffic (Part C)

Yes

The proposal will not contribute to additional car parking requirements.

Sediment and erosion control (Part D)

Yes

Minor earthworks.

Signage (Part E)

N/A

 

Rural and environmental development (Part F)

N/A

 

Industrial developments (Part G)

N/A

 

Residential developments (Part H)

N/A

 

Bowraville Heritage controls (Part I)

N/A

 

South Macksville urban release area (Part J)

N/A

 

Coastal Hazards (Part K)

N/A

 

Urban design strategies – Nambucca Heads ((Part L)

N/A

 

Urban design strategies – Matthew Street, Scotts Head (Part M)

N/A

 

Waste Minimisation and Management (Part N)

N/A

 

 

(a) (iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

 

There are no planning agreements applying to the subject site.

 

(a) (iv) Any Matters prescribed by the Regulation

 

There are no matters prescribed by the regulation.

 

(a) (v) any coastal zone management plan

 

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

 

(b)        The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 


 

Issue

Applicable

N/A

Comments

Context and Setting

Yes

 

The structure will be located behind an existing elevated canteen/amenities building and sufficiently setback from Willis Street.

Heritage

Yes

 

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Natural Hazards

Yes

 

The site is flood prone. As previously mentioned, subject to suitable tie down design and implementation, the structure poses no risk with respect to flood impacts.

 

(c)      The suitability of the site for the development

 

Does the proposal fit in the locality?

Yes

No

 

x

 

Are the site attributes conducive to development?

Yes

No

 

x

 

 

d)      Any submissions made in accordance with this Act or the Regulations

 

No submissions were received.

 

(e)     The public interest

 

Subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

 

 

CONSULTATION:

 

Consultation on this proposal was only necessary with the Applicant.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal poses no adverse impacts to the local environment.

 

Social

 

The proposal will enhance the function of the Nambucca Valley Netball Association on the subject site.

 

Economic

 

The proposal poses no adverse economic impacts.

 

Risk

 

The proposal poses no risk subject to the provision of suitable tie down for the management of flood impacts.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

32373/2017 - Attachment 1 - Recommended conditions of Development Consent for Council Report

 

2

27894/2017 - Attachment 2 - Site Plan and Elevations

 

  


Ordinary Council Meeting - 31 August 2017

DA2017/170 - Placement of shipping container

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented in accordance with the plan(s) endorsed with the Council stamp, dated 23/8/2017, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title/Description

Dwg. No

Prepared by

Dated

Site plan and elevations

-

Nambucca Valley Netball Association

-

 

In the event of any inconsistency between conditions of this development consent and the plan(s) referred to above, the conditions of this development consent prevail.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

 

Erosion & Sediment Control

 

2        Erosion and sedimentation controls are to be in place in accordance with the NSW Landcom publication “Managing Urban Stormwater: Soils and Construction – Volume 1, Landcom 2004” and the Nambucca Development Control Plan 2010 prior to the commencement of works.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

3        Within 3 months of the use of the structure, the shipping container shall be tied down/anchored with a suitable method of tie down endorsed by a practising structural engineer or the like. The endorsement must reference consideration of flood depths, velocity and buoyancy of the structure and be provided to Council.

 

 

REASONS FOR CONDITIONS

 

·           To ensure that the proposed development:

a        achieves the objectives of the Environmental Planning and Assessment  Act 1979;

b        complies with the provisions of all relevant Environmental Planning Instruments;

c        is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·           To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·           To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·           To ensure the development does not conflict with the public interest.

 


 


Ordinary Council Meeting - 31 August 2017

DA2017/170 - Placement of shipping container

 


 


 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.8      DA2017/161      310817         DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report

 

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

 

Summary:

 

A Development Application has been lodged on behalf of the Nambucca Heads Men’s Shed, who wish to move their facility to part of Council’s road reserve on Fox’s Road, Nambucca Heads. The proposal is to be located in the Valla Urban Growth Area (VUGA), specifically, in a section of the VUGA which has not yet had a Development Control Plan (DCP) prepared. This makes determination of the development application problematic and, as such, it is believed that the applicant should be advised to withdraw the application until a DCP is finalised for the site. The matter is being reported to Council as it involves a proposed development on Council land.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1        That Council note the information in the report.

 

2        That the applicant be advised to withdraw the development application until a Development Control Plan has been prepared for the land in accordance with the Nambucca Local Environmental Plan 2010.

 

 

OPTIONS:

 

1    Assessment of the development application continue, prior to the finalisation of a Development Control Plan.

2    Withdraw land owners consent for the lodgement of the development application.

 

DISCUSSION:

 

On 12 July 2017, the Nambucca Heads Men’s Shed lodged a development application with Council for a community facility (Men’s Shed and associated structures) on part of the Foxs Road road reserve in Nambucca Heads.

 

The Nambucca Heads Men’s Shed is currently located in the Nambucca Heads Industrial Estate, but they are finding their current location too small to meet their needs.

 

They approached Council’s Manager Business Development to request assistance from Council in finding a larger site for their Men’s Shed. Representatives of the Men’s shed identified a section of road reserve adjoining Foxs Road which had recently been transferred to Council as being potentially suitable.  A plan showing the approximate site boundaries is contained within attachment 1.

 

Following discussions with Council’s Development & Environment staff concerning development application requirements, a development application was lodged with Council. The draft site layout and photo montage of the proposed buildings are contained within attachments 2 and 3.

 

As part of the assessment process, the application was notified to adjoining owners. One submission with objections was received and is contained within attachment 4 in a redacted format. The submission raises concerns with traffic movements, lack of public transport, isolation, lack of vegetation assessment, evacuation procedures and noise levels being incompatible with proposed future adjoining land uses.

 

The subject site is in the Valla Urban Growth Area (VUGA). The section of the VUGA on the eastern side of the Pacific Highway is illustrated below. This includes the subject site.

 

 

A Development Control Plan (DCP) has not yet been prepared for the VUGA. However, a draft DCP has been commenced which will include this land on the eastern side of the Pacific Highway. The issue Council has in assessing and determining the development application for the Mens Shed is compliance with clause 6.2 of the Nambucca Local Environmental Plan 2010 (LEP2010). Subclause (2) of this clause states:

 

Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.”

 

Subclause (4) of clause 6.2 allows for the following development to be approved prior to a DCP being prepared:

 

“(d)     proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.”

 

The land is zoned RU2 Rural Landscape and the objectives of the zone in which the land is situated. The objectives of the zone are:

 

•     To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

•     To maintain the rural landscape character of the land.

•     To provide for a range of compatible land uses, including extensive agriculture.

•     To control development which could have an adverse impact on the Council’s urban water supply.

 

It is not considered that the proposed Men’s Shed is consistent with the objectives of the zone because it does not enhance the natural resource base. Further, it could be argued that the development, being of an industrial type, does not maintain the rural landscape character of the land.

 

For these reasons, it is not considered that it is permissible for Council to grant development consent. As such, it is considered that the most suitable option is to request the applicant withdraw the development application until such time as a DCP addressing the requirements of clause 6.2 of the NLEP has been adopted by Council.

 

As part of the preparation of the draft DCP Council will need to consider what the most appropriate land use zone is for the development site and all other lots within the VUGA on the eastern side of the Pacific Highway. Council will then undertake the statutory community consultation requirements and consider any submissions received from adjoining landholders.

 

CONSULTATION:

 

Manager Development & Environment

Senior Health & Building Surveyor

Manager Business Development

General Manager

 

Comment from General Manager

 

By way of background the Council has been assisting the Valley’s Mens Sheds for many years in securing appropriate premises.  Back in 2009 there was an investigation which assessed a number of alternative sites for a Mens Shed including the Macksville Showground, Council’s Works Depot and the Donnelly Welsh Playing Fields.  In 2011 and after years of searching and investigations, Council resolved to make a financial contribution of $40,000 to the Nambucca Mens Shed towards the acquisition of land in the Macksville industrial estate and further that Council meet all of the costs relating to the development application to erect a shed on the land.  Council’s Business Development Manager did facilitate their purchase of land in the Macksville Industrial Estate at a very favourable price and with other grant funding the Men’s Shed was established on the land in 2012.

 

In 2013 the Council was contacted in relation to supporting the “Nambucca Heads Men’s Shed”, which concerned a group of Men’s Shed members who had remained in the rented Nambucca Heads premises.  Since that initial enquiry in 2013 there has been a similar process to the previous one of trying to locate a site for this Men’s Shed in Nambucca Heads.  Over the past 4 years a range of potential sites have been suggested and investigated by Council staff including other premises within the Nambucca Industrial Estate; Council’s land adjoining the Pacific highway at Bellwood; Crown land on the Link Road, and Council’s Waste Depot.  Most recently the Men’s Shed identified a section of road reserve adjoining Fox’s Road which had been recently transferred to Council.  If Council ultimately approves the development application, it would be proposed that the section of road be closed and an allotment containing the Men’s Shed be subdivided off the residue and transferred to the Men’s Shed’s ownership.

 

The situation for the Nambucca Heads Men’s Shed is that they have some limited grant funding which will need to be returned if they cannot establish a Shed on a site in the near future.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A full environmental assessment of the development has not been undertaken at this stage.

 

Social

 

Assessing the application after a DCP has been finalised will ensure that all social implications of the development will be appropriately assessed

 

Economic

 

Assessing the application after a DCP has been finalised will ensure any development approved is part of an appropriate strategy for the VUGA.

 

Risk

 

If Council approves the application prior to the finalisation of a DCP, there is a risk that the future orderly development of the area could be impeded.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable.

 

Source of fund and any variance to working funds

 

None required.

 

Service level changes and resourcing/staff implications

 

Not applicable.

 

 

Attachments:

1

26313/2017 - DA2017/161 - approximate site boundaries

 

2

31393/2017 - DA 2017/161 - draft site layout

 

3

31395/2017 - DA 2017/161 - photos of proposed buildings

 

4

31413/2017 - DA 2017/161 - redacted submission

 

  


Ordinary Council Meeting - 31 August 2017

DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report

 


Ordinary Council Meeting - 31 August 2017

DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report

 


Ordinary Council Meeting - 31 August 2017

DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report

 

PHOTO 3ADescription: C:\Users\home\Documents\Men's Shed\Shed Photos\20170705_134915.jpgDescription: C:\Users\home\Documents\Men's Shed\Shed Photos\20170705_134851.jpg

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Ordinary Council Meeting - 31 August 2017

DA 2017/161 - Application for Men's Shed at Fox's Road, Nambucca Heads - progress report

 


 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager

ITEM 9.9      SF2293            310817         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, North Macksville

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

·           Lot 9 does not need to 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

·           Developer should erect a colourbond fence on the west and retaining walls to the north of property

·           Power supplied should be underground

STATUS: Being assessed. Response received from Office of Water.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/161

12 July 2017

Community Facility (Men’s Shed)

(Part of ) Lot 7300 DP 1120505 Foxs Road, Nambucca Heads

One submission has been received – it opposes the proposal

·           A traffic study should be done concerning access from the highway

·           Lack of public transport will make it difficult for socially isolated/disabled men to attend

·           No information in application concerning the amount/type of vegetation that will need to be removed to construct shed

·           No information in application re evacuation procedures if there is a natural disaster eg bushfire

·           Would be more suitably located in industrial estate – the noise emanating from the proposed development could potentially disturb the proposed Crematorium on the adjoining land.

STATUS: Being assessed – please see report to Council 31 August 2017


 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/179

3 August 2017

Telecommunications Facility (Mobile Phone Tower)

Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head

Two submissions have been received – they oppose the proposal

·      Proposed development is an unsightly structure which will spoil the bushland views

STATUS: Being assessed- waiting for flora and fauna report and SEPP 44 Koala Habitat Protection report.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.10    SF2307            310817         Regional Sports Infrastructure Fund

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer; Michael Coulter, General Manager         

 

Summary:

 

The NSW Government has now announced as part of the $1.3 billion Regional Growth Fund, a $100 million Regional Sports Infrastructure Fund which will, “create a network of spaces and places that enable communities to enjoy quality sport and participate in physical activity. It will invest in new and existing venues to improve participation and performance in sports at all levels”.

 

The report outlines possible opportunities for grant applications for four projects being:

 

1   major improvements to the Hennessey Tape oval sporting precinct in Bowraville, as a part of the Bowraville Connections concept plan;

 

2   major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads;

 

3   an application to heat the outdoor pool at the Macksville Memorial Aquatic Centre, or other options for this facility; and

 

4   development of public open space at Macksville Heights Drive, South Macksville including an oval for athletics, car parking, amenities, surface preparation and sub-soil drainage.

 

To seek funding under the program there is a two-step process – firstly the submission of an expression of interest (EOI) (which opened on 7 August), and secondly if selected, the submission of a formal business case. This funding is open to applications year-round until the funding is allocated.

 

 

Recommendation:

 

A.      That Council endorse the following projects and order of priority for funding under the Regional Sports Infrastructure Fund:

 

1.   Major improvements to the Hennessey Tape oval sporting precinct in Bowraville, as a part of the Bowraville Connections concept plan;

 

2.   Major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads;

 

3.   An application to heat the outdoor pool at the Macksville Memorial Aquatic Centre, or other options for this facility; and

 

4.   Development of public open space at Macksville Heights Drive, South Macksville including an oval for athletics, car parking, amenities, surface preparation and sub-soil drainage.

 

B.      That Council staff contact the grant funding body to discuss the potential projects and determine the most suitable for the program, and submission of an Expression of Interest (EOI).

 

C.      There be a further report to Council’s meeting on 28 September 2017 in relation to contact with the funding body and feedback on the projects eligible for lodgement of an Expression of Interest by Council.

 

 

OPTIONS:

 

There are many options for potential grant funding.  It is anticipated that further options may be forthcoming from Committees of Management and local sporting organisations over the 4 year life of this funding program.

 

In relation to seeking grant funding for sports infrastructure, the fundamental option is whether or not to seek such grants, knowing that the capital expenditure is likely to incur some additional recurrent spending.  The answer to this depends on the weighting attached to factors such as:

 

·      Level of confidence pertaining to Council’s financial sustainability;

·      Required service levels across all of Council’s activities;

·      Anticipating changes in demand with population growth;

·      Whether or not such opportunities for large capital grants will arise in the future.

 

It is certainly the case that the current levels of State Government grant funding available to regional NSW courtesy of the Restart funding are a generational opportunity. 

 

The sporting precinct at Hennessey Tape Oval, is a major part of the concept plan for Bowraville Connections, including a Children’s Playground, conversion of tennis courts to netball and basketball courts, providing connecting paths, building new infrastructure in the form of a clubhouse building to be home to the Bowra Tigers, Bowra Netball and the Goannas Rugby Union Club, and upgrading facilities for the precinct. Conversations are underway with the Bowraville Recreation Club, members of sporting groups, the Bowraville Community Group, and Council staff.

 

E J Biffin Playing Fields at Nambucca Heads is a facility already used in a regional capacity for Little Athletics, and if funding was sought to install lighting at the park, and upgrade the drainage on the fields, this is a project that fits into the funding scope.

 

Heating of the outdoor 50m pool at the Macksville Memorial Aquatic Centre is an expensive project initially, and the ongoing annual costs are also expensive. This project alone, however, may not meet the requirement for a project over $1 million. However, replacement of the infrastructure, given the age of the facility is an option, as is installing a roof over the 50m outdoor pool, in conjunction with heating it, and installing solar panels on the roof, to assist with ongoing costs for the heating. Council has received letters of support for heating the pool from local schools.

 

Development of Lot 33 DP 1212788 at Macksville Heights Drive, South Macksville, would be an opportunity for Council to develop 2.5ha of Local Open Space, to be dedicated to Council and the community, as part of the subdivision of the land at this site, under the Development Control Plan. This development could include car parking, amenities, a sports oval, sub-surface drainage and surface preparation. These facilities could be utilised for regional sporting events for Catholic schools due to its vicinity to St Patrick’s Primary School.

 

DISCUSSION:

 

The NSW Government has now announced as part of the $1.3 billion Regional Growth Fund, a $100 million Regional Sports Infrastructure Fund which will, “create a network of spaces and places that enable communities to enjoy quality sport and participate in physical activity. It will invest in new and existing venues to improve participation and performance in sports at all levels”.

 

The $100 million will be available over 4 years, and funding applications will be open all the time. Applications, however, must be for projects valued at $1 million or more.


The announcement states:

 

The Regional Sports Infrastructure fund is a key element of the NSW Government’s $1.3 billion investment program to build economies and develop communities across the state. Up to $100 million will be made available to the regions over the next four years to build and improve sporting facilities — places that encourage good health, foster friendships and community and simply make life a little better”.

“The Regional Sports Infrastructure fund will create spaces and facilities that enable communities to enjoy and take part in sport. The Fund will support new and existing venues to improve participation and performance in sports at all levels. The Fund will focus on those sporting facilities that deliver the best outcomes for the community. It will ensure that the best possible value for money is achieved”.

 

Priority for funding will be given to proposals which:

•        provide an economic benefit such as increased tourism or the creation of jobs

•        meet a demonstrable need in the community

•        establish regional sports hubs

•        enhance regionally significant sporting facilities

•        can be used by more than one sporting code

•        are aligned with the facility plans of state sporting organisations, regional sporting associations and local sporting clubs

•        are identified in the Office of Sport’s regional sport and active recreation plan

•        are financially sustainable

•        provide the highest net benefits

•        increase participation opportunities in sport

•        provide infrastructure that enables economic growth and boosts productivity.

 

Types of projects that could be funded include:

•        regionally significant sport facilities

•        the development and construction of new sport facilities or the upgrade and/or expansion of existing sport facilities

•        amenity buildings such as storage, kiosks, club rooms and dressing rooms

•        facilities classified as Tier 3 stadia under the NSW Stadia Strategy (typically facilities with a maximum capacity 10,000 to 20,000 people with limited or no corporate facilities but capable of hosting state level competitions and exhibition or preseason matches for sporting teams playing in national competitions)

•        high performance Centres of Excellence; regional Centres of Excellence; multi sport, multipurpose facilities; and significant single sport facilities.

 

To seek funding under the program there is an expression of interest (EOI) process which opened on 7 August, and will remain open for 4 years, or until all the funds are allocated.

 

It is stated that, “this fund targets investments over $1 million, and applicants are encouraged to make a significant financial or in-kind contribution towards the cost of the project” and “it is expected that funding will be spent within three years of approval being granted”.

 

Applicants are encouraged to contact the funding body to discuss their proposals before submitting an EOI and if they proceed with an EOI, and this is approved, the Department of Premier and Cabinet staff, and grant funding body staff, will assist applicants to prepare a Business Case for the application.

 

This report concerns opportunities for EOI’s to be submitted for discussion with the funding body.

 

Hennessey Tape Oval Sporting Precinct, Bowraville

 

Council has already undertaken community consultation with regards to the Bowraville Connections Concept Plan and the proposals for an upgrade to the sporting and other facilities which include:

 

•        The installation of a children’s playground;

•        Conversion of at least 2 of the tennis courts to basketball/netball courts;

•        Repair of the retaining wall, steps and fencing near and around the tennis courts and amenities building;

•        Carparking areas and landscaping;

•        Connecting pathways from the town of Bowraville around to the golf course with connections to all the facilities along the way including the skate park, the BMX track, the BBQ area and the amenities;

•        Conversion of the existing building, to be specifically for storage and an upgrade of this facility;

•        Construction of a new multi-purpose club house building to be home to the Bowra Tigers, providing much needed office space and meeting spaces, the Bowraville Goannas and the Bowraville Netball club, potential to house a gym for use by school groups and sporting groups, as well as an office for use by the Bowraville Recreation Club, if the existing Club is utilised as aged care in the future.

 

Bowraville Recreation Club currently needs an upgrade which is very cost prohibitive for such a small community club, however there have been discussions with some Aged Care providers where this existing club could be utilised as part of an Aged Care Facility project for Bowraville, and the Recreation Club committee could have office space in a newly constructed multi-purpose club house.

 

E J Biffin Playing Fields, Nambucca Heads

 

A project to upgrade the underfield drainage at E J Biffin Playing Fields, and install lighting to the fields, would upgrade the sporting facility already utilised for regional Little Athletics meets. This project would align itself well with the guidelines of this funding program and the works would meet the “investments over $1 million” mark.

 

E J Biffin Playing Fields now has an active Committee of Management, and they would provide in-kind support and volunteer labour to the project.

 

Macksville Memorial Aquatic Centre – 50m Outdoor Pool

 

The proposal to heat the 50m Outdoor Pool at the Macksville Memorial Aquatic Centre is a project that could meet the requirements of this funding program, however a heat pump and installation would not take this project into the monetary category of “investments over $1 million”, therefore another proposal could be the replacement of the 50m pool, and the sand filtration system, that is over 50 years old and showing signs of wear, and heating this new infrastructure as a part of the project, which could include installation of solar panels to off-set some of the ongoing costs of heating the facility. Another option would be to source funding for the heat pump, and install a roof over the pool and fit solar panels to the roof, which could assist Council to off-set the ongoing costs of heating the 750,000 litres of water in the 50m outdoor pool.

 

This project could well exceed $1 million however discussion with the funding body could determine if they believe Council could move forward with an EOI for this project.

 

Development of 2.5ha of Local Open Space at Macksville Heights Drive, Macksville

 

Development of Lot 33 DP 1212788 located at Macksville Heights Drive, Macksville is a project that would support the local community, whilst providing a sporting facility and open space, that could be used as a regional venue for athletic carnivals and events for Catholic schools, given the close proximity to St Patrick’s Primary School. The project would involve sub-surface drainage, surface preparation, installation of car parking, construction of an amenities block, site allocation for an oval and running tracks, and landscaping. This 2.5ha parcel of land will be dedicated to Council, under the DCP, as part of the subdivision at this site.

 

This area also has the potential, in the future, to be home to a High School, and the facilities would complement this.

 

Council staff would need to source appropriate quotations for the projects, and consult with organisations that could assist Council, with advice or expertise, before any Business Cases could be submitted.

 

Conclusion

 

It is recommended that Council prioritise the listed projects based on the criteria in the grant program and also with consideration to Council’s on-going operating costs.  The latter tends to favour the redevelopment or refurbishment of existing facilities rather than the creation of new facilities or additional levels of service.  Some consideration also needs to be given to the equitable distribution of major grants across our major urban centres.

 

For these reasons it is proposed that Council prioritise the projects in its expression of interest for funding as follows:

 

1.   Major improvements to the Hennessey Tape oval sporting precinct in Bowraville, as a part of the Bowraville Connections concept plan;

 

2.   Major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads;

 

3.   An application to heat the outdoor pool at the Macksville Memorial Aquatic Centre, or other options for this facility; and

 

4.   Development of public open space at Macksville Heights Drive, South Macksville including an oval for athletics, car parking, amenities, surface preparation and sub-soil drainage.

 

CONSULTATION:

 

There has been consultation with:

 

General Manager

Manager Community Development

Manager Business Development

Coordinator Strategic Planning and Natural Resources

Senior Community Development Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no significant social implications.  The recommendation effectively provides for further consultation to identify proposals and contact the funding body prior to submission of EOI’s for either project.

 

Economic

 

At this stage there are no particular economic issues.

 

Risk

 

The major risk with any new community infrastructure is the additional operating and on-going costs.

 

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 are no impacts on working funds.

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

1

32539/2016 - Bowraville Connections - Stage 1, Community Recreation and Sports Precinct Concepts 21 9 16

 

2

32088/2017 - Excerpt from Nambucca Development Control Plan for Local Open Space

 

  


Ordinary Council Meeting - 31 August 2017

Regional Sports Infrastructure Fund

 


 


 


Ordinary Council Meeting - 31 August 2017

Regional Sports Infrastructure Fund

 


 


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.11    SF1148            310817         Council Ranger's Report July 2017

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

The following is the Council’s Rangers’ reports regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Rangers for July 2017.

 

 

Recommendation:

 

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

 

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

Seized (doesn’t include those animals dumped or surrendered)

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

0

Abandoned or Stray

4

10

Surrendered

0

0

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

4

10

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

1

1

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

2

5

Unsuitable for rehoming

0

0

Unable to be rehomed

0

2

Total Euthanased

2

7

Total Outgoing Animals

3

8

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

1

2

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

 

 

July 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

July 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

900079000011764

3149307343

Owner of dog which attacks animals

$550.00

10/07/2017

900079000011757

3149307352

Owner of Dangerous dog Fail to comply with control requirements.

$1,320.00

10/07/2017

900079000012022

3149307361

Owner of Dangerous dog Fail to register dog as required.

$1,320.00

10/07/2017

TOTAL:

$3,190.00

 

July 2017

PARKING

Issued By:

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Dev & Env Section

3081195380

Fail to Comply with Order #21

330.00

18/07/2017

Dev & Env Section

3081195399

Fail to Comply with Order #21

330.00

21/07/2017

TOTAL:

660.00

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 31 August 2017

General Manager's Report

ITEM 9.12    SF1398            310817         Community Development Activity Report 

 

AUTHOR/ENQUIRIES:    Najjia Hadzic, Senior Community Development Officer         

 

Summary:

 

Council receives funding from NSW Department of Family and Community Services (FACS) under Community Builders for two projects: (i) Youth Development and (ii) Aboriginal Community Development. 

 

The purpose of this report is to inform and highlight some of the outcomes of both the Youth Development and Aboriginal Community Development projects over the past year, which forms the basis of Council’s accountability reporting back to FACS.

 

 

Recommendation:

 

That the report on the Youth Development and Aboriginal Community Development projects for 2016/2017 be noted.

 

 

OPTIONS:

 

No options presented

 

DISCUSSION:

 

Council receives funding from NSW Department of Family and Community Services (FACS) under Community Builders for two projects: (i) Youth Development and (ii) Aboriginal Community Development.  This enables Council’s community development team to be involved in a range of community initiatives and deliver a range of programs.  Whilst these projects are essentially cost neutral to Council it is hoped that the projects add value to Council’s work and the community.  From time to time Council will receive additional grant funding to complement and enhance the scope of its community development work.

 

As previously reported to Council, FACS is currently reviewing the Community Builders funding stream as part of the Targeted Early Intervention reform which is anticipated to be completed over the next year.

 

All reporting requirements of the funding agreements have been met to date.

 

The purpose of this report is to inform and highlight some of the outcomes of both the Youth Development and Aboriginal Community Development projects over the past year, which forms the basis of Council’s accountability reporting back to FACS.

 

Youth Development

 

·      The establishment of the Nambucca Valley Youth Network follows on from the Nambucca Valley Youth Services Forum which was attended by about 70 participants representing over 30 organisations providing service to young people in the Valley.  The service providers identified, amongst the many issues and aspirations, the need for better collaboration between services and the importance of hearing from youth how best they would like to be supported.

 

In September last year the community development team coordinated a Youth Forum and collaborated with local organisations and the schools to facilitate the event.  Over 60 young people from across the Shire participated in the event.  Young people came together and talked about their aspirations, issues that affect them and solutions and actions they consider will make this place better and more inclusive for young people.  There was also a clear message from the young people that they should have a recognised and a more formal voice in the Valley.

 

Since then another 2 forums have been held, in April during Youth Week and June, reaching about 130 young people to date.  The recent forums focussed on foundation work including aims and objectives, structure, communication and promotion with the purpose of establishing the Nambucca Valley youth network, which the young people have unanimously named the Nambucca Valley Youth Force.

 

Whilst the age range for youth is generally between 12-24 years, at this point the young people have decided to formalise the Youth Force by calling for representatives from the 4 high schools in the Valley to form their committee.  They will consolidate their ideas and work to date and move forward by (i) establishing a communication platform through social media to maintain connection, engagement and positive impact, and a way of reaching all youth in the Valley; (ii) running a logo competition for youth to brand the Nambucca Valley Youth Force; (iii) coordinating an inaugural youth event in the Valley.  In addition to this they will be developing a short and long term plan to address issues and concerns they have raised.  Furthermore, they will work towards organising more activities and events that are conducted by youth for youth, and foster positive roles for youth in the community.

 

The young people are also keen to address Council down the track.  Whilst it is unclear at this point how the new Youth Force will be formalised, it is anticipated that they will continue to be supported by Council’s Community Development Officers, the schools, the Nambucca Youthie and other local groups until the group consolidates, gathers momentum and more clearly and independently identifies its direction.

 

·      The Resilient Young People Program (RYPP) is an 8 week program delivered to Year 9 students in the 3 high schools in the Shire.  RYPP covers a range of subjects, adds value to the curriculum and offers the schools and students another connection to community based services.  Topics include Safety Self and Others, Drugs & Alcohol Harm Minimisation, Violence Prevention, Mental Health and Well-being and are presented by experts such as police, health workers and counsellors. 

 

·      Bowraville Homework Centre has been running for over a year now, and is a progression from the Bowraville Afterschool Activities program.  On average 16 students participate in this weekly program that encourages learning outside of school hours. 

                                                 

Aboriginal Community Development

 

·    Coordination and collaboration with community groups has enabled Aboriginal community members and non-Aboriginal community members to access the Cultural Tours at Scotts Head. Whilst community members have expressed interest in taking the tours, access and cost may be prohibitive to some.  Partnerships with local organisations have enabled groups of young people to access the tour and learn about culture in the school holidays, also during Reconciliation Week the tours were open and accessible to all community members.

 

·    Coordination of the Aboriginal Bike Skills day was delivered in partnership with Just Ride Cycles to Aboriginal children aged between 5 – 12 years.  Bike skills, bike checks, bike repairs, and access to helmets comprised the day.  Two days were held in the Shire with almost 60 participants.

 

·    Council maintains its support for the Bowraville Solution Brokerage Initiative.  Council has supported and participated in a number of consultations, activities and projects related to this initiative and continues to be an active member of the Community Reference Group. Subsequently Council has also received support through the Initiative for the Bowraville Connections projects including the skate park upgrade and bike space.

 

Additional Community Development activities:

 

·      Youth Week,

·      Senior’s Week

·      Children’s week

·      NAIDOC week

·      TransED NSW Transport project

·      Sport and Recreation project

·      Macksville Show youth space

·      Screenwave Rec Ya Shorts youth film making workshops

·      Indigenous Learn to Swim program

·      Skate workshop

·      Closing the Gap

·      White Ribbon Day

·      Bowraville Connections project community consultation

·      Grant Applications assistance

 

 

CONSULTATION:

 

Manager Community Development

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Improved social outcomes underpin the funding stream and outcomes

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified at this point that has not previously been reported

 

Source of fund and any variance to working funds

 

Nothing required

 

Service level changes and resourcing/staff implications

 

Nothing required

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 31 August 2017

Corporate Services

ITEM 10.1    SF2228            310817         Related Party Disclosures

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

Nambucca Shire prepares reports that comply with Australian Accounting Standards.  These Standards now include a requirement to report transactions with Related Parties.

 

The Draft Policy identifies who are the ‘related parties’ in relation to Council, what equates to related party transactions and how to record these transactions.  It was reported to the Council meeting on 27 July 2017 and has been on exhibition for public comment.  No submissions have been received and it is recommended that Council adopt the Policy.

 

 

Recommendation:

 

That Council adopt the Related Party Disclosures Policy.

 

 

OPTIONS:

 

Changes to Australian Accounting Standards means Council is now required to comply with AASB124 – Related Party Disclosure from 1 July 2016.

 

Any related party transactions must be reported as part of the 2016/17 Financial Reports.

 

Council can adopt the draft Related Party Disclosures Policy as attached or amend as it sees fit.

 

 

DISCUSSION:

 

This policy is to provide guidance for determining who the related parties of Council are, what equates to related party transactions and how to record them. The purpose of this additional reporting is to ensure transparency in dealings with related parties and their effect on Council’s financial reports

 

This is a new policy and it aims to ensure that Council has the required information needed to produce annual financial statements that comply with Australian Accounting Standards.  This has been made necessary by the decision the Australian Accounting Standards Board that from 1 July 2016, that AASB 124 "Related Party Disclosures' will apply to government entities, including local governments.

 

This policy applies to key management personnel and related parties of Nambucca Shire Council.

 

The key aspects of the policy are

 

Related Parties – A person or entity that is related to the entity that is preparing its financial statements. For the purpose of this policy, related parties are entities related to Council, key management personnel and close family members of key management personnel.

 

 

Key Management Personnel (KMP) – Those persons having authority and responsibility for

planning, directing and controlling the activities of the entity directly or indirectly.

 

 

 

Close Family Members – Are people who can be expected to influence or be influenced by KMP.  This includes but is not limited to spouse or partner, children and dependants, children and dependants of spouse or partner and possibly parents, grandparents and other family members.  Other family members who would expect to influence or be influenced by KMP need to be included as close family members. This is to be carried out on a self-assessment basis by each KMP.

 

 

 

 

Related Party Transaction – A Related Party Transaction is a transfer of resources, services or obligations between a reporting entity and a related party, regardless of whether a price is charged.

 

Disclosure – Disclosures will include the nature of the relationship and information about transactions, outstanding balances and commitments. If a KMP is affected by the disclosure they will be given a copy of the disclosure for comment before the external audit is finalised. All comments will be considered however any deviations from the standard policy will not be included in the final disclosure. The General Manager will give the final approval of what will be contained in the disclosure.

 

What will be disclosed?

Councils must disclose related party relationships, transactions and outstanding balances, including commitments.  Generally, disclosure will only be made where a transaction has occurred between council and a related party of council. In addition the transaction must be material in nature or size, when considered individually or collectively.

Transactions between council and a subsidiary must be disclosed if they are individually significant. When assessing whether such transactions are significant councils could consider the following factors:

·      significance in terms of size

·      carried out on non-market terms

·      outside normal day-to-day council operations

·      subject to council approval

·      provide a financial benefit not available to the general public

·      transaction likely to influence decisions of users of financial statements.

The total remuneration paid to KMP must be disclosed.

The related party disclosure will include the nature of the relationship and information about transactions, outstanding balances and commitments. Transactions will only be included in the disclosure within the annual financial statements if the transaction has occurred or there is a commitment that it will occur. The types of disclosures will be relationships, transactions, outstanding balances and commitments.

 

 

Notification by KMP of Related Parties – KMP are to provide a notification of related parties at the beginning of each Financial Year. The method for identifying close family members and associated entities will be by KMP self-assessment.

 

Notification by KMP of Related Party Transactions – All KMP will be required to complete and submit to the General Manager, a notification advising of any known related party transactions that have occurred in the past reporting period. reporting purposes.

 

"Ordinary Citizen Transactions (OCTs) transactions that an ordinary citizen would undertake with Council and as such do not need to be captured and reported for disclosure.  The OCT’s that have been identified are the paying Council fees, rates or charges.

 

ATTACHED for reference is the draft policy.

 

 

CONSULTATION:

 

OLG Webinar 12 October 2016

LG Debits and Credits (NSW) November 2016

OLG Code of Accounting Practice and Financial Reporting Update 25

AASB124

Published policies regarding Related Party Transactions of Bellingen, Lismore, Singleton, Southern Downs, Townsville and Gladstone Councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

The adoption of this policy supports the integrity of Council as well as its commitment to responsible corporate governance, including compliance with laws and regulations governing Related Party Transactions.

 

 

FINANCIAL IMPLICATIONS:

 

Nil

 

RISK IMPLICATIONS:

 

It is important that Council provides accurate, unbiased and factual reporting and the inclusion of related party disclosures in Council’s annual financial statements will enable users of the financial statements to form a view about the effects of related party relationships.

 

Attachments:

1

27528/2017 - Draft Policy NSC Related Party Transactions

 

  


Ordinary Council Meeting - 31 August 2017

Related Party Disclosures

 

 

 

Description: nambucca valley nsc

 

 

DRAFT NAMBUCCA SHIRE COUNCIL

 POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

 

1.0       Policy objective

The purpose of this policy is to define the parameters for Related Party Transactions and the

level of disclosure and reporting required for Council to achieve compliance with the Australian

Accounting Standard AASB 124 - Related Party Disclosures.  This is to ensure transparency in dealings with related parties and their effect on Council’s financial reports.

 

This policy shall be applied in

·    Identifying related parties and relevant transactions

·    Identifying outstanding balances, including commitments, between Council and its related

·    parties,

·    Identifying the circumstances in which disclosures of the items in a) and b) is required, and

·    Determining the disclosures to be made about those items.

 

2.0       Related legislation

Local Government Act 1993

Local Government (General) Regulation 2005

 

Related Documents

 

Australian Accounting Standards - AASB 124 Related Party Disclosures

Code of Accounting Practice and Financial Reporting

Council Code of Conduct

AASB 124 Related Party Disclosures

Nambucca Shire Related Party Transaction Guide

Nambucca Shire Related Party Register Nambucca Shire Related Party Transaction Register

Declaration of Interest

Queensland Government, Department of Infrastructure, Local Government and Planning Related Party Disclosure Bulletin

 

3.0       Definitions

 

"AASB 124" - means the Australian Accounting Standards Board, Related Party Disclosures

Standard.

 

"Act" - means the Local Government Act 1993.

 

“Close members of the family of a person” - are those family members who may be

expected to influence, or be influenced by, that person in their dealings with the Council and

include:

 

(a) that person’s children and spouse or domestic partner;

(b) children of that person’s spouse or domestic partner; and

(c) dependants of that person or that person’s spouse or domestic partner.

 

"Entity" - can include a body corporate, a partnership or a trust, incorporated association, or

unincorporated group or body.

 

"Key management personnel" - as defined in Section 4.1 of this Policy.

 

"KMP Compensation" - means all forms of consideration paid, payable, or provided in

exchange for services provided, and may include:

 

·    Short-term employee benefits, such as wages, salaries and social security

contributions, paid annual leave and paid sick leave, profit sharing and bonuses (if

payable within twelve months of the end of the period) and non-monetary benefits

(such as medical care, housing, cars and free and subsidised goods or services) for

current employees;

 

·    Post-employment benefits such as pensions, other retirement benefits, postemployment

life insurance and post-employment medical care;

 

·    Other long-term employee benefits, including long-service leave or sabbatical leave,

jubilee or other long-service benefits, long-term disability benefits and, if they are not

payable wholly within twelve months after the end of the period, profit sharing,

bonuses and deferred compensation;

 

·    Termination benefits; and

 

·    Share-based payment.

 

"Material" (materiality) - means the assessment of whether the transaction, either individually or in

aggregate with other transactions, by omitting it or misstating it could influence decisions that users

make on the basis an entity's financial statements. For the purpose of this policy, it is not considered

appropriate to set either a dollar value or a percentage value to determine materiality.

 

"Ordinary Citizen Transaction" - means a transaction that an ordinary citizen of the

community would undertake in the ordinary course of business with Council.

 

“Possible (Possibly) Close members of the family of a person” - are those family

members who could be expected to influence, or be influenced by, that person in their

dealings with the Council and include:

 

(a) that person’s brothers' and sisters';

(b) aunts', uncles', and cousins' of that person’s spouse or domestic partner;

(c) dependants of those persons' or that person’s spouse or domestic partner as

stated in (b); and

(d) that person's or that person's spouse or domestic partners', parents' and

grandparents'.

 

“Related Party” - defined in Section 4.2 of this Policy.

 

“Related Party Transaction” - is a transfer of resources, services or obligations between a

Council and a related party, regardless of whether a price is charged.

 

 

"Significant" (significance) - means likely to influence the decisions that users of the

Council’s financial statements make having regard to both the extent (value and frequency) of

the transactions, and that the transactions have occurred between the Council and related

party outside a public service provider/ taxpayer relationship.

 

4.0       Policy statement

 

Related Party relationships are a normal feature of commerce and business. For example,

entities frequently carry on parts of their activities through subsidiaries, joint ventures and

associates. In those circumstances, there is the possibility of the entity having the ability to

affect the financial and operating policies of Council through the presence of control, joint

control or significant influence.

 

A related Party relationship could influence the normal business operations of Council. In

some instances, Council may enter into transactions with a Related Party that unrelated

parties would not. For example, goods are supplied to Council on terms that might not be

offered to other customers. Also, transactions between Related Parties may not be made on

the same terms as between unrelated parties.

 

The normal business operations of Council may be affected by a Related Party relationship

even if Related Party Transactions do not occur. The mere existence of the relationship may

be sufficient to affect the transactions of the Council with other parties. Alternatively, one party

may refrain from trading with Council because of the significant influence of another—for

example, a local supplier may be instructed by its parent not to engage in supplying goods to

Council.

 

For these reasons, knowledge of Council’s transactions and outstanding balances (including

commitments and relationships with Related Parties) may affect assessments of Council's

operations by users of financial statements, including assessments of the risks and

opportunities facing the Council.

 

4.1       Identification of Key Management Personnel (KMP)

 

AASB 124 defines KMP's as “those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly, including any director (whether executive or otherwise) of that entity”.

 

KMP's for the Council are considered to include:

 

Councillors (including the Mayor);

General Manager;

Senior Executive Officers.

 

4.2    Identification of Related Parties

 

A person or entity is a related party of Council if any of the following apply:

a) They are members of the same group (which means that each parent, subsidiary and

fellow subsidiary is related to the others).

b) They are an associate or belong to a joint venture of which Council is part of.

c) They and Council are joint ventures of the same third party.

d) They are part of a joint venture of a third party and council is an associate of the third

party.

e) They are a post-employment benefit plan for the benefit of employees of either Council

or an entity related to Council.

f) They are controlled or jointly controlled by Close members of the family of a person.

g) They are identified as a close or possibly close member of the family of a person with

significant influence over Council or a close or possibly close member of the family of a

person who is a KMP of Council.

h) They, or any member of a group of which they are a part, provide KMP services to

Council.

 

For the purposes of this Policy, related parties of Council are:

a) Entities related to Council;

b) Key Management Personnel (KMP) of Council

c) Close family members of KMP;

d) Possible close family members of KMP's; and

e) Entities or persons that are controlled or jointly controlled by KMP, or their close

family members, or their possible close family members.

 

 

4.3       Review of Related Parties

 

Particular events, such as a change of Councillors, General Manager or Senior Executive

Officers or a corporate restructure, will trigger a review of Council’s related parties immediately following such an event.

 

The method for identifying the close family members and associated entities of KMP will be by

KMP self-assessment.

 

Notification by KMP of Related Parties – KMP are to provide a notification of related parties at the beginning of each Financial Year. The method for identifying close family members and associated entities will be by KMP self-assessment.

 

4.4       Identification of Control or Joint Control

 

A person or entity is deemed to have control if they have:

 

a) power over the entity;

b) exposure, or rights, to variable returns from involvement with the entity; and

c) the ability to use power over the entity to affect the amount of returns.

 

To jointly control, a person or entity must have contractual rights or agreed sharing of control

of the entity, which exists only when decisions about the relevant activities require the

unanimous consent of the parties sharing control.

 

4.5       Required Disclosures & Reporting

 

AASB 124 provides that Council must disclose the following financial information in its financial

statements for each financial year period:

 

1. Disclosure of any related party relationship - must disclose in the annual financial

statements its relationship with any related parties or subsidiaries (where applicable),

whether or not there have been transactions within the relevant reporting period.

 

2. KMP Compensation Disclosures - must disclose in the annual financial statements

KMP for each of the categories of compensation (as defined in the definitions of this

Policy) in total.

 

4.6     Related Party Transactions Disclosures

 

Related Party Transactions are required to be disclosed, regardless of whether a price is

charged. Such transactions may include:

 

·    Purchase or sale of goods;

·    Purchase or sale of property and other assets;

·    Rendering or receiving services;

·    Leases;

·    Quotations and/or tenders;

·    Commitments; and

·    Settlements of liabilities on behalf of Council or by Council on behalf of the related party.

 

Council must disclose all material and significant Related Party Transactions in its annual

financial statements and include the following detail:

 

(i) The nature of the related party relationship; and

(ii) Relevant information about the transactions including:

a) The amount of the transaction;

b) The amount of outstanding balances, including commitments, and

i. Their terms and conditions, including whether they are secured, and the

nature of the consideration to be provided in the settlement; and

ii. Details of any guarantee given or received

c) Provision for doubtful debts related to the amount of outstanding balances; and

d)The expense recognised during the period in respect of bad or doubtful debts

due from related parties.

 

 

The following matters must be considered in determining the materiality and significance of

any related party transactions:

 

(i) Significance of transaction in terms of size;

(ii) Whether the transaction was carried out on non-market terms;

(iii) Whether the transaction is outside normal day-to-day business operations, such as the

purchase and sale of assets;

(iv) Whether the transaction is disclosed to regulatory or supervisory authorities;

(v) Whether the transaction has been reported to senior management; and

(vi) Whether the transaction was subject to Council approval.

 

Regard must also be given for transactions that are collectively, but not individually significant.

 

Disclosures that Related Party Transactions were made on terms equivalent to those that prevail

in arm’s length transactions can only be made if such terms can be substantiated.

 

All transactions involving Related Parties will be captured and reviewed to determine materiality

or otherwise of such transactions, if the transactions are Ordinary Citizen Transactions (OCTs),

and to determine the significance of each of the transactions.

 

Notification by KMP of Related Party Transactions – All KMP will be required to complete and submit to the General Manager, a notification advising of any known related party transactions that have occurred in the past reporting period. reporting purposes.

 

4.7     Materiality

 

Once the related party transactions have been identified they will be analysed by the

General Manager and those found to be of a material nature will be disclosed in the financial

statements.

 

For the purposes of this policy any transaction where the aggregate amount involved

will be expected to exceed $10,000 in any financial year will be disclosed in the annual financial statements.

 

4.8     Ordinary Citizen Transactions

 

Ordinary citizen transactions (see definitions) are those transactions that are made on

an arm’s length basis between Council and related parties that an ordinary citizen of

the community would transact with the Council. Examples of these are rates payments

for properties owned by the related party and dog registration payments.

 

Any transactions between Council and related parties that are deemed to be ordinary citizen transactions (see definition) will not be required to be  disclosed in the annual financial statement.

 

Transactions between Council and related parties that would normally be considered to

be ordinary citizen transactions but where the terms and conditions differ from normal

practice will not be considered to be an ordinary citizen transaction for the purposes of

this policy. These will be disclosed in Council’s annual financial statements in the

related party disclosure.

 

5.0       History

Department:

 

Last Reviewed

Resolution Number

Author:

Scott Norman  AGMCS

 

 

Document No.

 

 

 

First Adopted:

 

 

 

 


Ordinary Council Meeting                                                                                                 31 August 2017

Assistant General Manager Corporate Services Report

ITEM 10.2    SF2228            310817         Draft Financial Statements

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

Council is requested to endorse the Draft 2016-17 accounts prior to Audit.  This report describes the process; The Statements themselves are still being finalised will be forwarded under a separate cover as a late addemium..

 

 

Recommendation:

 

It is recommended that:

 

(i) Council's DRAFT Financial Statements are "referred to audit" in accordance with S413(1) LGA 1993

 

(ii) Council resolve in accordance with Section 413 (2c) of the Act that the draft 2016-17 annual financial report is in accordance with;

 

the Local Government Act 1993 (as amended) and the Regulations made there under,

the Australian Accounting Standards and professional pronouncements, and

the Local Government Code of Accounting Practice and Financial Reporting, and

presents fairly the Council’s operating result and financial position for the year, and

accords with Council’s accounting and other records

and that the Council is not aware of any matter that would render this report false or misleading in any way.

 

(iii) Council adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the Draft 2016-17 Accounts.

 

(iv) Council delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public.

 

 

OPTIONS:

 

The recommendations are of a statutory nature however Council should not endorse them if they have a concern that the Draft Accounts are “not true and fair”.

 

DISCUSSION:

 

The Audit team are scheduled to commence work on Council’s 2016-17 Statements 5 September 2017, with a site visit 12-14 Sept 2017.  Prior to this Council needs to endorse the Draft Statement and the Mayor, a Councillor, the General Manager and the Responsible Accounting Officer are required to sign the Councillor/Management Statement by the Council on its Opinion of the Accounts. (Clause 215 of the Local Government General Regulation)

 

As soon as practicable after receiving the auditor’s reports, the council must send a copy of the auditor’s reports on the council’s financial reports, together with a copy of the council’s audited financial reports, to the Office of Local Government. (LGA sect 417(5)). The deadline this year for submitting the Financial Statements is Tuesday, 31st October, 2017 (Code of Accounting Practice).

 

As soon as practicable after receiving the auditor's report, Council must also resolve a date to present its audited financial reports and auditors report to the public. (Section 418 (1) (a) & (b)).  The date fixed for the meeting must be at least 7 days after the date on which the notice is given, but not more than 5 weeks after the auditor’s reports are given to the council. (Section 418 (2)).  In practical terms this is likely to be Council’s Meeting on 16th November and tentative arrangements have been made to present the Statements to the Audit Risk and Improvement Committee on that same day and for the Audit Office NSW to attend both meetings.

 

It is recommended above that Council delegate to the General Manager the authority to set the date for the public meeting as timeframes are tight and it reduces the possible need for a special Council meeting.

 

The Public Notice must include:

 

(i) a summary of the financial reports in the approved format and

(ii) a statement that any person can make a submission in accordance with Section 420.

 

Copies of the council’s audited financial reports, together with the auditor’s reports, must be kept

available at the office of the council for inspection by members of the public on and from the date

on which public notice of the holding of the meeting is given and until 1 day after the meeting

 

Submissions must be in writing and be lodged with the council within 7 days after the date on which

those reports are presented to the public. The council must ensure that copies of all submissions received by it are referred to the auditor.

 

The Audited Financial Statements will then be included in the 2016-17 Annual Report.

 

CONSULTATION:

 

LG “Debits & Credits” Aug 2017.

 

The NSW Local Government Industry Accounting Newsletter and Financial Management Best Practice Guide from LG Solutions.

 

Attachments:

There are no attachments for this report.