NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

18 January 2018

 

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 - 18 January 2018

 

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 - 14 December 2017.............................................................................. 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville 15  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 17

9.2     Proposed Great Koala National Park............................................................................... 22

9.3     Proposed Councillor Induction and Professional Development Guidelines......................... 52

9.4     Procurement from Companies involved with the Adani Carmichael Mine........................... 124

9.5     Establishment of Joint Organisations............................................................................. 128

9.6     Changes to Crown Reserve Management under the Crown Land Management Act 2016.... 162

9.7     Nambucca Valley Netball Association - Request to Waive Balance of Outstanding Loan... 168

9.8     Draft Model Code of Meeting Practice........................................................................... 172

9.9     Regional Sports Infrastructure Fund - Expressions of Interest......................................... 254

9.10   Rainbow Crossing, Mann Street, Nambucca Heads......................................................... 276

9.11   Minutes of Business Advisory Committee Meeting Held 9 January 2018.......................... 278

9.12   Nambucca Shire Council Published Documents.............................................................. 282

9.13   The Australasian LG Performance Excellence Program 2017........................................... 286

9.14   Nambucca Shire Council Tourism Strategic Plan Appointment of Consultant and Proposed Formation of Plan Steering Committee........................................................................................... 291

9.15   Proposed Civil Works - Council Subdivision, Railway Road, Nambucca Heads................ 297

9.16   Development Applications greater than 12 months or where submissions received -  to 10 January 2018.................................................................................................................................... 299

9.17   2017 December - Approved Construction and Complying Development Certificates......... 301

9.18   2017 December- Development and Complying Development Applications Received........ 306

9.19   Council Ranger's Report November & December 2017.................................................... 309

9.20   Code of Meeting Practice - Timing for members of the public to address Council Meetings 312

10      Assistant General Manager Corporate Services Report

10.1   Investment Report to 31 December 2017........................................................................ 339

10.2   Grant Application Status Report ................................................................................... 344

10.3   Schedule of Council Public Meetings 2018..................................................................... 356

10.4   Coronation Park Trust Committee of Management - Annual General Meeting - 20 November 2017.................................................................................................................................... 357

10.5   Unkya Reserve Committee of Management - Annual General Meeting - 29 November 2017 361

10.6   Taylors Arm Sports Reserve Committee of Management - Annual General Meeting - 14 December 2017.................................................................................................................................... 366

11      Assistant General Manager Engineering Services Report

11.1   Water Quality Management – Options for addressing risk to water consumers with chlorine contact times lower than recommended levels............................................................................ 371     


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 14 December 2017

The following document is the minutes of the Ordinary Council meeting held 14 December 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 18 January 2018 and therefore subject to change.  Please refer to the minutes of 18 January 2018 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) – entered at 6.20 pm

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Daniel Walsh (Manager Development and Environment)

Lorraine Hemsworth (Minute Secretary)

 

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 November 2017

616/17 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 30 November 2017 be confirmed.

 

 

NOTICE OF MOTION - CR Smyth

ITEM 5.1      SF2303              141217      Notice of Motion - Cr Anne Smyth - Request for leave of absence from 15 December 2017 to 17 January 2018

617/17 RESOLVED:        (Smyth/Reed)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 15 December 2017 to 17 January 2018 inclusive.

 

 

ITEM 9.2      SF600                141217      Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

618/17 RESOLVED:        (Hoban/Wilson)

 

That the request by Lesley Flanders to purchase land West of the Bowraville Racecourse be deferred pending advice from Ms Gillin and be listed for a site inspection.

 

 

 

DELEGATIONS

 

That the following delegations be heard:

 

9.2     Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 

i         Paul Hoffman

 

9.8     Development Application DA2017/179

 

i         Howard Game - From Optus - Against the Motion

ii       Megan Tozer - From Telstra - Against the Motion

iii       Naomi Falkenberg – For the Motion

iv      Cathryn O’Donnell – For the Motion

 

 

9.2     Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 

i         This item was deferred pending further advice and Paul Hoffman did not address Council.

 

9.8     Development Application DA2017/179

 

i         Howard Game - From Optus - Against the Motion

·                Came to Council to ask for the approval of proposal however after the site inspection there is a need for Optus and Telstra to carry out further investigations.

·                Ask Council to defer:

1      Need for further investigation into a proposed site.

2      Address concerns raised in the Council report.

 

ii       Megan Tozer - From Telstra - Against the Motion

·                Did not address Council.

 

iii       Naomi Falkenberg – For the Motion

·                Home is in close proximity to the proposed tower.

·                Personal health issue with benign tumours at the moment.

·                If tower goes ahead she is concerned that it could contribute to tumours turning cancerous.

·                Children also at risk of inheriting same condition.

·                Value of property likely to decrease.

 

iv      Cathryn O’Donnell – For the Motion

·                Home is close to proposed tower.

·                Visual impact as at front yard and view everyday.

·                Tower will be higher than the trees that act as a buffer.

·                Drone flown today to show the height of the tower which will be very high.

·                Impact on flora and fauna - Koala area.

·                No consultation from neighbours or Optus as to where the tower is proposed to be located

 

 


 

 

ITEM 9.8      DA2017/179        141217      Development Application DA2017/179

619/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council defer the decision on the Development Application DA2017/179 to allow the Applicant to review the application.

 

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

                                      (Total 9)

 

Against the motion:         Councillor Nil

                                      (Total 0)

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

ITEM 9.1      SF959                141217      Outstanding Actions and Reports

620/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

ITEM 9.3      SF611                141217      Announcement of Rate Cap of 2.3% for 2017/18

621/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information concerning the announcement by the Independent Pricing and Regulatory Tribunal (IPART) of a rate cap of 2.3% for 2017/18 be received.

 

 

 

 


 

 

ITEM 9.4      DA2006/143        141217      Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park

622/17 RESOLVED:        (Finlayson/Reed)

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2006/143 subject to conditions provided as Attachment 4.

 

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

                                      (Total 9)

 

Against the motion:         Councillor Nil

                                      (Total 0)

 

 

 

 

ITEM 9.5      SF2293              141217      Development Applications greater than 12 months or where submissions received -  to 6 December 2017

623/17 RESOLVED:        (Reed/Wilson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 6 December 2017 be noted by Council.

 

 

 

 

ITEM 9.6      SF770                141217      Report into Preference Counting in Local Government Elections in NSW

624/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the Report from the inquiry into Preference Counting in Local Government Elections in NSW.

 

 

 

ITEM 9.7      SF2292              141217      Minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017

625/17 RESOLVED:        (Jenvey/Wilson)

 

1           New boardwalk construction or future upgrades is to consider passing bays on the land side as the current width does not allow for passing by 2 people using mobility aids, prams etc; and designs must consider the location of the mangroves and head-height for pedestrians. 

2        Designs for new boardwalks or upgrades be referred to the Access Committee for its consideration and comment before construction.

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017.

 

 

 

ITEM 9.9      SF2293              141217      2017 November - Approved Construction and Complying Development Certificates

626/17 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

 

ITEM 9.10    SF2293              141217      2017 November - Development and Complying Development Applications Received

627/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF251                141217      Schedule of Council Public Meetings end 2017 and beginning of 2018

628/17 RESOLVED:        (Wilson/Ballangarry)

 

That the schedule of dates for Council meetings in 2017 and beginning of 2018 be noted and received for information by Council.

 

 

 

 

ITEM 10.2    SF2368              141217      Investment Report to 30 September 2017

629/17 RESOLVED:        (Ainsworth/Ballangarry)

 

That the Accountants’ Report on Investments placed to 30 November 2017 be noted.

 

 

 

 

ITEM 10.3    SF315                141217      Mary Boulton Pioneer Cottage and Museum Committee of Management - Annual General Meeting - 18 November 2017

630/17 RESOLVED:        (Ainsworth/Ballangarry)

 

1           That Council endorse the minutes of the Mary Boulton Pioneer Cottage and Museum Committee of Management Annual General Meeting held on 18 November 2017 and thank the outgoing Committee for their work in the past twelve months.

 

2           That Council acknowledge the expressions of gratitude from the Committee of Management for the commitment provided by Council.

 

 

 

 

ITEM 10.4    SF335                141217      Talarm Hall Committee of Management - Annual General Meeting - 16 November 2017

631/17 RESOLVED:        (Reed/Wilson)

 

That Council:

 

1        Endorse the minutes of the Talarm Hall Committee of Management Annual General Meeting held on 16 November 2017 and thank the outgoing Committee for their work in the past twelve months.

 

2        Advertise in the media and also write to the Talarm residents seeking support for the continued operation of the Talarm Hall Committee of Management.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF90                  141217      Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017

632/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council endorse a road closure for the Queen’s Baton Relay between 8.45 am and 9.45 am on Friday 2 February 2018 in Wallace Street Macksville, between its intersections with Matilda and Station Streets

 

2        That advertising 7 days prior to the event is carried out by Nambucca Shire Council.

 

3        That Council note the temporary closure of the Macksville Aquatic Centre Car Park from approximately 8.00 am to 10.30 am to accommodate the Queen’s Baton Relay convoy and Baton Bearers.

 

4        That Council install No Parking signs at the eastern end of Nelson Street, Nambucca Heads.

 

5        That Council approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Friday 26 January 2018:

 

a)  The access road through Gordon Park to hold the Australia Day event between 6.00 am and 6.00 pm.

b)  Wellington Drive ((from Gordon Park to the V Wall) for short periods only between 7.00 am and 10.00 am.

 

6        That Council approval for the Australia Day Carnival is subject to the following information being received by Council at least 2 weeks prior to the event:

 

·    Certificate of Currency for Public Liability Insurance;

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

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

 

7        That Council issue a further (2) year approval to Lions Club of Nambucca Heads for the same road closures subject to:

 

a)    Reapplying every three (3) years for a subsequent three (3) year approval;

b)    Reapplying if there are any changes to the approved application ie times or route of the closures;

c)    Compliance with approved Traffic Management Plan and/or NSW Police instruction;

d)    Hold Current Certificate of Currency for Public Liability insurance; and

e)    Engagement of suitably qualified Traffic Controllers.

 

8        Council install No Parking signs in the manoeuvre area of the Stuart Island Boat Ramp.

 

9        That after reconstruction of Mann Street, Nambucca Heads between Bent Street and    Centenary Parade, Council introduce the following changes to traffic management facilities:

 

a        Replace the pedestrian crossing with a compliant pedestrian refuge island;

b        Remove the confusing cycle lane located on the kerb side of the westbound lane;

c        Widen both the west bound and eastbound carriageways;

d        Introduce a No Stopping zone at the frontage of properties between 137 and 151 Mann Street; and

e        Introduce edge lines 600mm from the both kerbs to allow additional room for cyclists riding in either direction.

 

9        That Council does NOT install a dedicated Disabled Parking Bay outside 54 High Street, Bowraville as requested by the property owner.

 

10      That Mr Mason be provided with information about resources that may be available for his use.

 

10      That Council does NOT install a Pedestrian Crossing opposite St Patricks Primary School to connect to 33 Macksville Heights Drive as requested, as the crossing does not meet the Australian Standards warrants for pedestrian crossing.

 

11      That Council note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month with the exception of October, and the dates are as follows:

 

          6 February; 3 April; 5 June; 7 August; 9 October; 4 December 2018

 

12      That Council note that all business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting;

 

33      That Council note that any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.

 

 

 

 

ITEM 11.2    SF1676              141217      2017-18 Capital Works Program Monthly Report

633/17 RESOLVED:        (Wilson/Ballangarry)

 

1        That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for December 2017.

 

2        That Council allocate an additional $8000 from working funds to WO 3068 Alexandra Drive open drain to complete works on Alexandra Drive.

 

 

   

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.37 pm. 

 

Confirmed and signed by the Mayor on 18 January 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

     


Ordinary Council Meeting                                                                                                18 January 2018

Notice of Motion

ITEM 5.1      SF2433            180118         Notice of Motion - Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville

 

AUTHOR/ENQUIRIES:    Janine Reed, Councillor         

 

Summary:

 

On 29 December I was approached by a resident who lives in Ferry Street opposite the river where mobile homes or caravans can park overnight.

 

What he described raises many serious issues which should be addressed.

 

I told him that I thought that those living in that vicinity had been contacted and had no issues with this being used for such a purpose.  I told him that I recalled, some years ago, when the Chamber of Commerce raised concerns about this area, the Chamber had been advised that the neighbours had no issues with the area being used for such a purpose.  He assured me that since the early 80’s those living in that area had not been consulted by Council – even when modifications were being made and works were commenced in front of his property and his wife was unable to get her car out for four days.

 

The site is listed as a free camp on wiki camp – which is referred to as “the bible” and he understands that inclusion in this is approved by Council.  He is also told that the reviews are going through the roof.

 

He told me that in one fortnight, 132 campers had parked in the area and, during that time, only five people had been observed walking over to the town centre – four returning with no obvious purchases and one only with a small bag.

 

He also said that ever since the by-pass had opened the situation is far worse.  Vehicles now park on the boat parking area and, although this is permissible, they should be gone by a certain time for this section, but this is not happening.  On the day he came over he said all spaces in this boat area were occupied by those using the river – such is the demand for that area.

 

There are times when this area is so packed, they encroach even on the road.  These campers run their generators during the night.

 

He had spoken to the ranger, but when the ranger appeared, there were no issues.

 

Some other observances include:

 

·       People discharging their grey water into the river

·       People washing their grey water containers on the fish cleaning benches

·       Disposal of raw sewerage into the mangroves

·       Urinating into the mangroves

·       Showering in portable showers with the grey water running into the river

·       Disposal of grey water with no consideration to contamination of oyster growing areas or fishing areas

·       Campers put incorrect rubbish into landowners rubbish bins and these ratepayers have had yellow stickers put on their bins warning about disposing of “contaminated waste”

·       Campers will arrive on Thursday pm and not leave until late on Sunday night as they seem to know when a ranger might appear.

 

On the evening of 1 December, I drove past this area and I was surprised to see the very large number of vehicles parked in that area, so it came as no surprise to me that a local resident would have concerns.

 

It is my belief that Council has a responsibility to the ratepayers in that area.  It is timely for Council to review this situation - to weigh up the economic benefits for the Shire and the burden placed on just a few ratepayers in that area.  The residents should be engaged in this process which should take place as soon as possible.  The disposal of grey water is a major concern – as is the running of generators opposite houses in that area.  The cost of providing adequate ranger services on ratepayers is also a concern – particularly as the ratepayer who contacted me has described some unsavoury instances.

 

There may not be a simple solution to this as these are people who wish to free camp.  It may also be time to review the availability of free camping areas.

 

Comment from General Manager:

 

Just before Christmas (and the opening of the bypass) the Council also received a written complaint from the operator of a water ski school in relation to the numbers of free campers and presumably the effect on his business (finding a car and trailer carpark; a section of beach to water ski off etc).

 

The Council staff have responded to the complaint advising that the matter would be reviewed following the opening of the by-pass.  Of course the other factor is the Christmas holidays when it can be expected that the number of people free camping will increase.

 

The Council has a range of options in relation to controlling the practice from effectively banning it through to limiting it to some car/trailer spaces but not others.  Whilst Council can act now it is preferred that there be a survey of the use of the area by campers over the next few months to assess the problem post by-pass and post Christmas holidays.

 

It is agreed that a resident survey should form part of the consideration.  Equally there should be some consultation with the Chamber of Commerce.

 

 

Comment from Ranger:

 

I have been undertaking regular patrols of the area and the number of vehicles has declined since Christmas.

 

But it is agreed that there is a problem with vehicle parking in the vehicle and boat trailer area.

 

I will be speaking to the Manager Technical Services about this on his return from leave.

 

 

Recommendation:

 

That due to concerns raised in relation to the current camping arrangements at Ferry Street, North Macksville, a review be undertaken and that nearby residents; the Chamber of Commerce and businesses be involved in the process.

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                18 January 2018

General Manager

ITEM 9.1      SF959              180118         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.

 

AUGUST 2015

 

2

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

 

3

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

 

4/12/17 – awaiting effect of highway closure

 

10/01/18 – Will be reported to Council in February.

 

JANUARY 2017

 

4

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.

 

11/01/18 – Flora and Fauna report completed. Item removed from subject planning proposal to prevent delay in finalisation of housekeeping amendments.  It will be included in upcoming planning proposal to be presented to Council in 2018.

 

 

MARCH 2017

 

5

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

 

06/12/17 – Report to be presented in 2018 following receipt of draft WCMP.

 

 

 

MAY 2017

 

6

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

 

18/10/17 - Deferred to December due to workload.

 

06/12/17 - Deferred to 2018 due to workload.

 

 

 

JUNE 2017

 

7

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.

 

20/09/17 - Report in October 2017.

 

14/10/17 - Deferred to return of AGMCS from leave.

 

10/01/18 - Report to Council in February 2018. Staff to be consulted.

 

 

8

SF2290

15/06/17

That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.

 

GM

Report in November 2017.

 

22/11/17 - Deferred to January 2018 due to workload.

 

10/01/18 – CSPNR on leave.  Will need to be deferred to Feb/March 2018.

 

 

AUGUST 2017

 

9

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

 

17/09/17 - Deferred due work load.  Will be reported in October

 

18/10/17 – Deferred to December due to workload.

 

06/12/17 – Deferred to 2018 due to workload.

 

11/01/18 – Report will be presented in March 2018.

 

 

10

SF2303

31/8/17

That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.

 

GM

Depending on outcome of plebiscite and the Government’s actions.  Estimate report in December 2017.

 

20/11/17 Announcement of plebiscite outcome, legislation imminent.

 

4/12/17 – awaiting finalisation of legislation

 

15/12/17 – legislation has been finalised.  NoM relisted.

 

SEPTEMBER 2017

 

11

SF2293

28/09/17

Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.

 

GM

04/10/17 – Pending

 

31/10/17 – further representations made to the Member for Oxley and Minister for Roads, Maritime and Freight

 

 

12

SF2397

28/09/17

Proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville

 

GM

EOI Registered - concept plan is being reviewed by Committee of Management

 

 

 

13

SF2319

28/9/17

A reviewed policy on fleet replacement be provided to Council which considers electric cars.

 

AGMES

04/10/17 – Report will be presented to Council in January 2018.

 

10/01/18 – Deferred due to April 2018 due to workload.

 

 

OCTOBER 2017

 

14

SF2329

12/10/17

That Council further consider funding a business centres revitalisation under the $1.3 billion Regional Growth Fund.

 

GM

Report in November 2017.

 

20/11/17 – Application for $10,000 in funding from an OEH “mainstreet” heritage funding program closes on 29/11/17.  Council will be submitting an application for the maximum program funding which is $10k from OEH but with Council having to meet it $ for $.

 

 

 

15

SF2381

26/10/17

Council staff prepare a planning proposal to make horticulture permissible with consent in the R5 zone et al.

A report come back on a revision of the DCP to incorporate appropriate standards for horticulture in the R5 zone et al.

 

GM

Planning proposal for gateway determination to be prepared.

 

11/01/18 – Report to be presented to Council by March 2018.

 

16

SF2329

26/10/17

There be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.

 

AGMES

7/11/2017 - Policy to be reviewed and reported back to Council in March 2018 with other policy reviews

 

17

SF2329

26/10/17

Council staff provide a report on the form of a program and the assistance to be provided to property owners  (under a “Main Street” business centre revitalisation program.

 

GM

Report in December 2017

 

20/11/17 - Application for $10,000 in funding from an OEH “mainstreet” heritage funding program closes on 29/11/17.  Council will be submitting an application for the maximum program funding which is $10k from OEH but with Council having to meet it $ for $.  Details of the program will be reported following lodgement of the application.

 

 

NOVEMBER 2017

 

18

SF134

16/11/17

Council receive a report on options for improving public relations documents including but not limited to Council’s Annual Report.

 

GM

Report in January 2018

 

Deferred to February due work load.

 

19

SF1575

16/11/17

Council place the AMP’s for unsealed roads, footpaths, and stormwater drainage on exhibition for 28 days and note that a further report will be presented to Council following the completion of the exhibition.

 

AGMES

Report in January 2018

 

10/01/18 – Report deferred to February 2018.

 

20

SF1575

16/11/17

Council place the revised Asset Management Policy on public exhibition for 28 days and note that a further report will be presented to Council following completion of the exhibition.

 

AGMES

Report in January 2018

 

10/01/18 – Report deferred to February 2018.

 

21

SF1631

16/11/17

Advice to (41) residents connected to the transfer main upstream of the balance tank that Council is investigating options to either subsidise or provide some funding to assist with the cost of upgrading or changing their water supply arrangements.

 

AGMES

Letters have been sent to residents in accordance with Council resolution.  Report in March 2018 following Consultants advice. 

 

22

SF839

16/11/17

Council engage a suitably qualified consultant prior to the next GM’s performance review due in April 2018 to assist Council with the review and to review the process and KPI template for the ensuing year.

 

MHR

Consultant to be engaged prior to April 2018.

 

23

SF2303

30/11/17

Council receive a report on the possibility of providing a dedicated small dog park at one of the suggested locations in Nambucca Heads.

 

GM

Report February 2018

 

24

SF2303

30/11/17

Council investigate grant funding to assist with the flooding issues at the White Albatross Holiday Centre.  Council investigate the possibility of reducing or redirecting storm water flow from Parkes Street above.  That the results of the investigations and a brief overview of the current Council requirements for placement of manufactured homes on flood prone land be reported to Council.

 

GM

Report February 2018

 

25

 

30/11/17

Council explore further options for domestic waste removal from the Burrapine area.

 

AGMES

Report February 2018

 

26

 

30/11/17

Council receive a report on the setup of water supply and septic at the Taylors Arm Sports Reserve and include other issues raised by Mr Vassalo.

 

AGMES

Report March 2018

 

27

SF2418

30/11/17

Council receive a report on comparative price and availability of industrial land in neighbouring councils.

 

GM

Report in February 2018

 

28

SF2278

30/11/17

Minutes of Clean Energy Committee

 

GM

Report in March 2018

 

DECEMBER 2017

 

29

SF600

14/12/17

The request by Lesley Flanders to purchase land west of the Bowraville Racecourse be deferred pending advice from Ms Gillin and be listed for a site inspection.

 

GM

Awaiting further advice

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager

ITEM 9.2      SF979              180118         Proposed Great Koala National Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        Council note the responses from Bowraville Sawmilling, Timber NSW, the Forestry Corporation, the NSW Greens as well as the information supplied by the National Parks Association of NSW.

 

2        Council not support the proposed Great Koala National Park unless it can be demonstrated that the number of jobs created by the additions to the National Park network will exceed the number of jobs lost in the timber industry.

 

 

OPTIONS:

 

There are limited options.  The report is mainly for information.

 

DISCUSSION:

 

At council’s meeting on 17 August 2017 it was resolved as follows:

 

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 resolution arose from a report on a proposal by the NSW National Parks Association to convert existing State Forests in the Nambucca, Bellingen and Coffs Harbour local government areas into a new Great Koala National Park.  This would add 175,000 hectares of state forests to the existing 140,000 hectares of protected areas.

 

The proposal for the Great Koala National Park coincides with the imminent expiry of the Regional Forest Agreements (RFAs).  Regional Forest Agreements are 20 year agreements between the State and Commonwealth Governments that permit logging of public native forests in NSW, Victoria, Tasmania and Western Australia.  In NSW there are four RFAs applying to the coastal and near coastal forests of NSW:  Upper and Lower North East, Eden and Southern.  Eden is the first RFA to expire in NSW in 2019, followed by Upper and Lower North East in 2020 and Southern in 2021.

 

The various letters seeking advice were sent out shortly after the Council meeting.

 

The responses which have been received to Council’s requests for information are attached.

 

It is apparent from the responses that the proposed addition to the National Park network has the potential to significantly impact on the local timber industry.  By way of example, the Bowraville sawmill employs 18 staff and directly supports 2 logging crews comprising 3 people per crew.  It is one of three local sawmills in the Nambucca Valley.

 

Whilst there is some dispute as to the environmental benefits of extending the National Park system, the potential job losses are more readily identifiable.

 

CONSULTATION:

 

Advice concerning the proposal for the establishment of a Great Koala National Park has been sought from a wide range of stakeholders.  However to date responses have only been obtained from the Forestry Corporation NSW, the NSW Greens and more recently the Office of Environment and Heritage.

 

The Office of Environment and Heritage advise that whilst they have considered the Great Koala National Park proposal, they have not yet formed a position on the proposal and that ultimately, a decision on the proposal and associated considerations is a “whole-of-government” matter.

 

Council has now also received advice (attached) from the Australian and NSW Government’s concerning the review of the NSW Regional Forest Agreements.  The Governments are seeking views and feedback which will inform an independent review of the implementation of the Eden, North East and Southern Regional Forest Agreements between 2004 and 2014.  Submissions need to be lodged by 5pm Friday 23 February 2017.  It is not considered that Council is sufficiently informed to make a meaningful submission to this review.  It is not that the report summary assessed 376 commitments in the three NSW RFAs with:

 

·      227 (60%) achieved

·      53 (14%) achieved outside the proposed timeline

·      56 (15%) achieved in part

·      38 (10%) not applicable or not longer applicable

·      2 (<1%) not achieved

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The advice received indicates some contention as to the benefits of extending the National Park system as proposed by the Great Koala National Park.  However it is a reasonable assumption that extending the National Park system would have favourable environmental implications (at least in Australia).

 

Social

 

Council has received advice that the proposed Great Koala National Park will have adverse implications for employment in the local timber industry.  It is possible that some or all of these jobs might be replaced with an extended National Park system but there is insufficient information to make this assessment.

 

The most likely scenario is that there could be significant local social impacts as a consequence of job losses in the local timber industry.

 

Economic

 

The attached advice provides high level information on the timber industry.

 

Risk

 

As previously reported the risks mainly pertain to correctly balancing the environmental, social and economic risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are minor service level and resourcing implications.

 

Attachments:

1

43701/2017 - Submission M & B Dyer Pty Ltd t/as Bowraville Sawmilling

 

2

48132/2017 - Submission Timber NSW

 

3

97/2018 - OEH response

 

4

39969/2017 - Forestry Corporation response

 

5

38265/2017 - NSW Greens response

 

6

28893/2017 - Great Koala National Park booklet

 

7

28895/2017 - Proposed Great Koala NP Map

 

8

49880/2017 - Regional Forest Agreement - commencement of review

 

  


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


 


 


 


 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


 


 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


Ordinary Council Meeting - 18 January 2018

Proposed Great Koala National Park

 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.3      SF42                180118         Proposed Councillor Induction and Professional Development Guidelines

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

The Office of Local Government be advised of Council’s concerns regarding the cost of individual training plans and suggesting that there be an option for councils to undertake scheduled group training (as opposed to councillor specific training) at the local level, perhaps involving other councils organised through the Joint Organisation and using regionally based trainers and webinars.

 

 

OPTIONS:

 

The Council can elect to make a submission in relation to the proposed councillor induction and professional development “guidelines”.  The Council has authority on the matters raised and the content of the submission.

 

DISCUSSION:

 

The Office of Local Government (OLG) have released for consultation proposed Councillor Induction and Professional Development Guidelines.  The circular and the draft guidelines are attached.  The OLG have provided a deadline for submissions of Friday 16 March 2018.

 

The guidelines provide for three elements to induction and professional development being:

 

·      Pre-election candidate sessions – these are to ensure prospective candidates are aware of what will be expected of them if elected (these are not mandatory but are encouraged).

 

·      Induction program – this aims to equip mayors and councillors with the information they need to perform their role effectively over the first few months and has a particular focus on building positive, collaborative relationships between councillors and with staff.

 

·      Professional development program – this is to be developed in consultation with all councillors and delivered over the term of the council to build skills, knowledge and personal attributes necessary to be an effective mayor or councillor.

 

As the Council has provided pre-election candidate sessions and an induction program the substantive change proposed in the “guidelines” is mandated on-going professional development.

 

In relation to on-going professional development it is proposed that there be amendments to the Local Government (General) Regulation 2005 including the following:

 

·      The general manager is to ensure an ongoing professional development program is delivered for the mayor and each councillor over the term of the council for the purposes of assisting them to acquire and maintain the knowledge and skills necessary to perform their roles.

 

·      The content of the ongoing professional development program to be delivered to the mayor and councillors is to be determined in consultation with the mayor and each councillor and is to have regard to the specific knowledge and skills required by the mayor, each individual councillor and the governing body as a whole to perform their roles.

 

·      The general manager is to report to the first council meeting held following 30 June in each year identifying the ongoing professional development activities offered to the mayor and each councillor in the year to 30 June as part of the professional development program, and whether or not the mayor and each councillor participated in the activities offered to them under the program.

 

It is not disagreed that there are benefits of a properly structured professional development program but this will come at a cost in terms of the staff resourcing required to organise the training (in consultation with the mayor and each councillor) and the delivery of the training itself.

 

The proposed legislative provisions make it more difficult to save cost by organising uniform training within and across councils because it has to have regard to the specific knowledge and skills required by the mayor and each individual councillor.  This effectively mandates individual training plans for each councillor when the Council struggles to achieve this for full time staff.

 

A more cost effective approach would be to have scheduled training for all councillors, conducted at the local level, perhaps involving other councils organised through the Joint Organisation, and using regionally based trainers and webinars.  Such an approach may add about $2,000 per councillor to Council’s training budget, but the alternative of negotiated councillor specific training potentially involving intrastate or interstate travel could easily double that provision.

 

It is proposed that the OLG be advised of Council’s concerns regarding the cost of individual training plans and suggesting that there be an option for councils to undertake scheduled group training (as opposed to councillor specific training) at the local level, perhaps involving other councils organised through the Joint Organisation and using regionally based trainers and webinars.

 

 

CONSULTATION:

 

There has been consultation with the Assistant General Manager Corporate Services and the Manager Human Resources.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The budgetary risk is discussed in the report.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The mandated professional development program will increase Council’s operating expenses.  The “best guess” as to a likely additional cost would be $2,000 per councillor for scheduled training but this may well double to $4,000 if the councillor specific training involves travel within NSW or to other states.

 

Source of fund and any variance to working funds

 

Depending upon the commencement of the training requirements there may be an impact on working funds but more likely the additional training costs will be incorporated in future Operational Plans as well as the Delivery Program.

 

Service level changes and resourcing/staff implications

 

Negotiated councillor specific training is going to require a reasonable commitment of staff resources to discuss training requirements, book training, book accommodation and travel for councillors x 9.

 

Attachments:

1

49269/2017 - Circular

 

2

49270/2017 - Councillor Induction and Professional Development Draft Guidelines

 

  


Ordinary Council Meeting - 18 January 2018

Proposed Councillor Induction and Professional Development Guidelines

 


 


 


Ordinary Council Meeting - 18 January 2018

Proposed Councillor Induction and Professional Development Guidelines

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.4      SF894              180118         Procurement from Companies involved with the Adani Carmichael Mine

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the actions of Byron Shire Council in relation to procurement from companies involved with the Adani Carmichael Mine.

 

 

OPTIONS:

 

The Council has the option of supporting the position adopted by Byron Shire Council.

 

The Council has the option of making a statement affirming its support for the 1997 Global Climate Treaty (the Kyoto Protocol).

 

DISCUSSION:

 

The Council has received the attached correspondence from Byron Shire Council.

 

Councillors may be aware that the Carmichael coal mine is a proposed thermal coal mine in the north of the Galilee Basin in Central Queensland.  The mine is proposed by Adani Mining, a wholly owned subsidiary of India’s Adani Group.  At peak capacity the mine would produce 60 million tonnes of coal a year.  It would be the largest coal mine in Australia and one of the largest in the world.

 

Byron Shire Council has resolved not to do business with companies involved with the Adani and the Carmichael Mine and is seeking the support of Nambucca Shire Council to follow suit.  Byron Shire Council requested that its correspondence be circulated to all councillors.

 

Whilst it is open for Nambucca Shire Council to follow suit, the following considerations should be noted.

 

·    The environmental approval processes for the Carmichael coal mine are the responsibility of the Queensland and Commonwealth Governments’.

·    Other than the media reports of the controversy surrounding the mine, this Council has no first-hand knowledge of the project; its environmental costs nor its economic benefits.

·    It will be almost impossible for this council to determine or keep track of organisations which have links to Adani or with the Carmichael mine.

·    The proposed boycott of companies associated with Adani and the Carmichael Mine is absolute regardless of the value of the contracts.

·    The position adopted by Byron Shire Council may result in increased costs to Council whereby contractors are excluded from tenders and other procurement thereby reducing the available competition.

·    The Council may have some liability in procurement if it mistakenly excludes a contractor because of alleged links with the Adani Carmichael coal mine.

·    Australia can meet its obligations under the 1997 Global Climate Treaty (the Kyoto Protocol) in many different ways.  It is a matter for the Federal Government to put in place legislation or other action to ensure that Australia meets its international obligations.

 

Whilst the affirmative action being taken by Byron Shire Council in support of reducing greenhouse gas emissions is acknowledged there are many different ways in which communities can undertake affirmative action to support Australia’s obligations under the Kyoto Protocol.

 

CONSULTATION:

 

The matter has been discussed with the Mayor.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A boycott of the Adani Carmichael coal mine by banking institutions and major contracting companies may affect its viability.  However secondary boycotts by local councils on such companies are unlikely to have much impact.  The greatest impact is likely to arise out of the publicity associated with such resolutions.

 

Social

 

The social impacts arise in a number of layers.  Firstly it is understood that there are many communities in central Queensland which view the Adani Carmichael mine as a means of reducing their significant levels of unemployment and improving their social outcomes.  This view is held by the Queensland Government.  At a national and global level there is understandably less recognition of local impacts and a greater concern with the global impacts of the burning of fossil fuels on climate change.  There is also concern that the mine may affect the health of the Great Barrier Reef.

 

But there are some people who do not accept there is any nexus between the burning of fossil fuels and climate change.  There are some people who do not accept that climate change is occurring.

 

Economic

 

The economic value of the Adani Carmichael coal mine has been disputed.  However it is planned that the mine produce 2.3 billion tonnes of coal over 60 years and that its export by via a new 189 kilometre rail line to connect with the existing Goonyella railway line.  The railway will connect with port facilities at Hay Point and Abbott Point.

 

Risk

 

The risks in relation to investment and jobs in Central Queensland, to climate change and Council’s international treaty obligations are discussed in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no budgetary impacts.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level/resourcing implications.

 

Attachments:

1

128/2018 - Adani and Carmichael Mine Motion

 

  


Ordinary Council Meeting - 18 January 2018

Procurement from Companies involved with the Adani Carmichael Mine

 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.5      SF42                180118         Establishment of Joint Organisations

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report recommends Council’s participation in a Joint Organisation comprising Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council, Kempsey Shire Council and Port Macquarie-Hastings Council.

 

 

Recommendation:

 

A       In accordance with Part 7 of Chapter 12 of the Local Government Act 1993, the Nambucca Shire Council resolves:

 

1        That the council inform the Minister for Local Government of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation in accordance with this resolution.

 

2        To approve the inclusion of the Council’s area in the Joint Organisation’s area.

 

3        That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

 

          a)       Clarence Valley Council

          b)       Coffs Harbour City Council

          c)       Bellingen Shire Council

          d)       Nambucca Shire Council

          e)       Kempsey Shire Council

          f)        Port Macquarie – Hastings Council

 

4        That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

 

          a)       with a copy of this resolution including the date on which Council made this                        resolution, and

 

          b)       inform the Minister that this resolution has not been rescinded,

 

          for the purpose of the Minister issuing a certificate under section 400P of the Act.

 

B       That Council provide the “Forming a Joint Organisation Checklist” answers as shown in the report to the Minister for Local Government (along with the resolution contained in Part A.)

 

 

 

OPTIONS:

 

Council’s participation in a Joint Organisation is voluntary.  However the NSW Government, “strongly encourages all councils in regional NSW to consider the benefits and opportunities offered by Joint Organisations”.

 

 

DISCUSSION:

 

The NSW Parliament has now passed legislation allowing councils to voluntarily join new Joint Organisations (JOs) to strengthen regional coordination and improve the delivery of infrastructure and services for communities through strategic planning, collaboration and shared leadership and advocacy.  The Local Government Amendment (Regional Joint Organisations) Bill 2017 as passed by the NSW Parliament is attached.  The Act commenced on 15 December 2017.

 

It will be recalled that the Deputy Premier and Minister for Regional NSW John Barilaro announced that the Government will provide seed funding of $3.3 million to support councils choosing to become a member of a new Joint Organisation.

 

The Office of Local Government has now invited Council to nominate to form a JO.

 

To ensure that a council is part of the JO network, a council resolution is a critical part of the process of getting JO areas recommended to the Governor to enable proclamation.

 

It is important that these resolutions align for groups of councils that wish to form a JO and that councils provide the Minister for Local Government with a copy of this resolution by 28 February 2018.  This allows time to undertake the required processes in order to have JOs in operation by July 2018.  This includes allocation of seed funding to help establish each JO under the NSW Government’s $3.3m commitment.

 

The potential benefits of closer cooperation across Council boundaries have been proven in a number of recent initiatives.  For example, it has been the case that this Council has benefited from economies of scale with its joint waste service with Coffs Harbour and Bellingen Councils.  More recently the informal alliance of Bellingen Shire Council and this Council in negotiating the Pacific Highway handover from the RMS has certainly demonstrated the benefit of collective lobbying when negotiating with the RMS.

 

MIDROC has previously made representations to the NSW Government for the establishment of a voluntary Joint Organisation based on participation from six (6) councils being Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council, Kempsey Shire Council and Port Macquarie – Hastings Council.

 

Notwithstanding the termination of the structural reforms to local government initiated by the Baird government, it is still the case that State authorities would prefer to channel regional and sub-regional strategic planning, coordination and infrastructure delivery through joint organisations in preference to dealing with multiple councils.  This impetus is unlikely to wane and councils who are not part of a joint organisation, particularly smaller councils, will be at a disadvantage.  For this reason there is significant risk to this council if it were not to participate in a joint organisation.

 

Accordingly it is recommended that Council proceed with the process to become a member of a Joint Organisation.  This process requires Council to:

 

·      Write to the Minister for Local Government stating that they have resolved to be a member of a Joint Organisation

·      Attach the council resolution in relation to joining a Joint Organisation

·      Complete the Forming a Joint Organisation – checklist  (attached)

 

The “Forming a Joint Organisation Checklist” together with the answers to be submitted is listed below:

 

1        Please list each council that is nominating to be a member of the Joint Organisation

Based on a resolution of MIDROC the councils nominating to be a member of the Joint Organisation are Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council, Kempsey Shire Council and Port Macquarie-Hastings Council.

 

2        Please confirm that your proposal aligns with, or “nests” within one of the NSW planning regions.

Yes (the North Coast)

 

3        Do you have a preferred name for the Joint Organisation for the Government’s consideration?

          The name agreed by MIDROC being the Joint Organisation of Mid North Coast Councils (JOMNCC)

 

4        Please confirm that the Joint Organisation membership proposed demonstrates a community of interest between councils.

Yes.  Nambucca Shire Council has a community of interest with the regional centre of Coffs Harbour, as well as with its neighbouring councils being Bellingen Shire Council and also with Kempsey Shire Council.

 

5        If your proposal results in a small number of councils in your planning region not being included in a Joint Organisation, have you discussed options with them and what are the views of those councils?

No.  The proposal includes all six councils on the Mid North Coast with six councils on the far north coast being able to form their own joint organisation.

 

6        Please confirm that your nomination is based around a strong regional centre or centres?

Yes our nomination is based on the strong regional centres of Coffs Harbour and Port Macquarie, both of which have airports serviced by RPT on a frequent basis, major hospitals, universities as well as sport and cultural facilities.

 

7        Please confirm that the proposed Joint Organisation will be an appropriate size and have capacity to partner with the NSW Government, the Commonwealth Government and other organisations.

          Yes.  The six councils to comprise the Joint Organisation represent a collective population of 263,000 people which is expected to grow to 309,350 people by 2036.

 

8        Please specify any non-financial support required to ensure your Joint Organisation proposal is implemented successfully.

          Priority access to senior department heads and Ministers will improve JO effectiveness.

 

 

CONSULTATION:

 

The formation of the Joint Organisation has been discussed by the MIDROC Board.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Office of Local Government advises that Joint Organisations will transform the way that the NSW Government and local councils collaborate, plan, set priorities and deliver important projects on a regional scale.  Accordingly it should be expected that Joint Organisations will have favourable implications for the environment at a regional and sub-regional level.

 

Social

 

Again at a regional and sub-regional level the expectation is that Joint Organisations will transform the way the NSW Government and local councils operate.  This will have social implications.

 

Economic

 

Again at a regional and sub-regional level the expectation is that Joint Organisations will transform the way the NSW Government and local councils operate.  This will have economic implications.

 

Risk

 

The Joint Organisation Information Pack doesn’t list any risks but there should be a “watching brief” on the following:

 

·      Conflict of interests of councillors operating at both a local and regional level leading to parochialism and a general lack of good faith in putting the interests of the region ahead of local concerns.

·      Conflicting perspectives as to the appropriate role of a Joint Organisation

·      Differing capacities of councils to commit resources to the Joint Organisation

·      Not having tangible KPI’s to communicate the achievements of the Joint Organisation

·      Lack of commitment from the State Government to supporting Joint Organisations and

·      The achievements of the Joint Organisation not justifying the substantial financial commitment made by the participating councils.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Joint Organisation will require an Executive Officer and other resources to undertake the Joint Organisation’s functions.  It will be the case that the Joint Organisation will cost more to operate than MIDROC.  Historically, the Council has made contributions to MIDROC of around $10,000 per annum.  Assuming a base operating cost for the Joint Organisation of $250,000 per annum split evenly between the six councils, there would be an annual cost to Council of $42,000.

 

Whilst the State Government is providing “seed funding” for the establishment of Joint Organisations, when this funding has been expended there is likely to be an increase in this Council’s operating costs to support the Joint Organisation.  That increase in operating costs will hopefully deliver greater direct and indirect financial benefits to the region.  However as discussed those benefits may not necessarily flow to this local government area and hence the risk of the conflict of interests of council representatives operating at both a local and regional level.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The establishment of the Joint Organisation should not impact on service levels or have implications for staff resources, except to the extent that the additional expenditure over and above the contribution which has previously been made to support MIDROC will have an opportunity cost.

 

Attachments:

1

49571/2017 - Regional Joint Organisations Bill 2017

 

2

49559/2017 - Joint Organisation Information Pack

 

  


Ordinary Council Meeting - 18 January 2018

Establishment of Joint Organisations

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 18 January 2018

Establishment of Joint Organisations

 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.6      SF42                180118         Changes to Crown Reserve Management under the Crown Land Management Act 2016

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the changes to Crown reserve management under the Crown Land Management Act 2016 and the rejection of Council’s expression of interest to participate in the Land Negotiation Program.

 

 

OPTIONS:

 

There are no identified options.  The report is for information.

 

DISCUSSION:

 

The Office of Local Government (OLG) has advised Council of changes to the Crown reserve management under the Crown Land Management Act 2016.  The circular from the Office of Local Government is attached.

 

The major impact of the changes on Council will be an increase in the required resources for the governance of crown land pertaining to:

 

·      Councils will be required to have plans of management under the Local Government Act for most Crown reserves that they manage with the requirement to have plans of management phased in over three years from the time the Act commences.  Financial assistance, administered by OLG will be available to help with the costs of preparing plans of management.  However there are no details as to quantum of this assistance.

 

·      Councils will be required to employ or engaged trained native title managers who will be responsible for providing advice on certain dealings for land that may be affected by native title. In relation to this Council’s Manager Business Development has attended a native title training course held in Grafton.

 

The legislative changes do not change the ownership of Crown land which will remain with the State.

 

The Council, in partnership with our three Local Aboriginal Land Councils (LALCs), did submit an expression of interest to participate in the Land Negotiation Program which was rejected in a letter dated 24 November 2017 attached.  The expression of interest did take a considerable time to put together and required consultation with the three LALCs to obtain a letter of support to the EOI bid.

 

There was no reason provided for the rejection except general advice that a number of factors were taken into account in reviewing the EOI’s, including the capacity of all prospective parties, the current relationships between parties and the need to geographically represent metropolitan, regional centre, coastal regional and inland rural areas.

 

 

CONSULTATION:

 

Council’s Manager Business Development has recently undertaken the designated Native Title training.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

The failure of Crown Lands to devolve the ownership of crown land to the most appropriate level of government has and will continue to inhibit many opportunities for economic development.

 

Risk

 

There are no significant risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As indicated in the report the Council will need to increase the resources required to manage crown land.

 

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

 

As indicated in the report the major impact of the changes on Council will be an increase in the required resources for the governance of crown land.

 

Attachments:

1

49074/2017 - Changes to Crown Reserve Management

 

2

46146/2017 - Advice of unsuccessful application

 

  


Ordinary Council Meeting - 18 January 2018

Changes to Crown Reserve Management under the Crown Land Management Act 2016

 


 


 


Ordinary Council Meeting - 18 January 2018

Changes to Crown Reserve Management under the Crown Land Management Act 2016

 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.7      SF968              180118         Nambucca Valley Netball Association - Request to Waive Balance of Outstanding Loan

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council waive the outstanding loan balance of $6,666 owed by the Nambucca Valley Netball Association to Council for the Marion Wood Netball Courts so that the funds can be used to undertake other improvements to the facilities.

 

 

OPTIONS:

 

The Council has the option of waiving the loan balance of $6,666 as recommended or not waiving the loan balance.

 

DISCUSSION:

 

Council has received the attached request from the Nambucca Valley Netball Association seeking Council’s consideration of waiving the outstanding balance of their long standing loan.

 

When Council considered the financing of the Marion Wood Netball Courts at its meeting on 5 April 2007 it noted a loan requirement of $315,000 and that the cost of servicing this would be $44,000 per annum at 6.5% interest of which the Nambucca Valley Netball Association could make a contribution of $7,500 making a net annual cost to Council of $36,500.

 

Subsequently, Council was successful in obtaining a NSW Sport and Recreation Grant of $175,000 which meant a reduced loan requirement of $140,000.  It was then decided to borrow these funds internally from liquid equity rather than a commercial loan from a bank.

 

Council then determined a repayment schedule for the Netball Association based on the reduced loan requirement being $3,333 per annum (140,000/315,000 x $7,500).

 

Given the opening of the new Courts in March 2010, the first payment was for the 2010-2011 financial year falling due on 1 July 2010.  This was for the amount of $3,333 which has fallen due at the same time each year for the nominated term of ten (10) years.

 

The Netball Association has paid this sum each year for the past 8 years and as per their letter there is an outstanding balance of $6,666.

 

The Netball Association advise they now wish to move on to undertake other improvements to the facilities involving:

 

·      Extension to the building to accommodate a meeting room/workshop room with suitable storage facilities underneath

·      Pathway from Willis Street to the clubhouse that provides access for all community members, especially people living with a disability, or pushing a pram or walker

·      Creating a space where their barbeque can be permanently based with access for service to customers

·      Restructuring the ramp leading up to the clubhouse with “reinforced grass”; and erecting several permanent shade structures.

 

The Netball Association advises that it is endeavouring to source grant funding for these projects.  It is noted that the waiving of the outstanding balance would help the Association finance co-contributions for any successful grant.

 

The Nambucca Valley Netball Association is an exceptionally well organised and managed volunteer local sporting association.  Over a period of 8 years they have made a financial contribution to Council of $26,664 for the Marion Wood Netball Courts which is an outstanding achievement for a volunteer club given all of their other financial and time commitments in running netball.

 

Such a well performing Club is deserving of Council’s support and accordingly it is recommended that the outstanding loan balance of $6,666 be waived.

 

CONSULTATION:

 

There has been consultation with the Nambucca Valley Netball Association.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The waiving of the outstanding loan balance will free up funding for further improvements to the Marion Wood Netball Courts.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no identified risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The waiving of the outstanding loan balance of $6,666 has not been budgeted for.

 

Source of fund and any variance to working funds

 

There will be a negative impact on working funds of $6,666.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing/staff implications.

 

Attachments:

1

49033/2017 - Nambucca Valley Netball Association Request

 

  


Ordinary Council Meeting - 18 January 2018

Nambucca Valley Netball Association - Request to Waive Balance of Outstanding Loan

 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.8      SF42                180118         Draft Model Code of Meeting Practice

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council make a submission to the Office of Local Government in relation to the identified proposed non-mandatory provisions as per the comments in the discussion section of this report together with any other matters which may be raised by councillors.

 

 

OPTIONS:

 

The Council can provide feedback to the Office of Local Government on the Consultation Draft Model Code of Meeting Practice as it sees fit.  Alternatively the Council can choose not to provide feedback.

 

 

DISCUSSION:

 

The Office of Local Government (OLG) is undertaking consultation on a draft Model Code of Meeting Practice.  They are inviting submissions up until Friday 16 March 2018.  A copy of the Circular from the OLG together with the Consultation Draft Model Code of Meeting Practice is attached.

 

The draft Model Code contains proposed mandatory provisions in black font and proposed non-mandatory provisions in red font.  The non-mandatory provisions are proposed to set a benchmark based on what OLG sees as being best practice.  Not surprisingly the OLG is seeking feedback on whether any of the proposed non-mandatory provisions should be mandated.  They note that if there is a sufficient body of support for these from councils, these may be made mandatory in the final version of the Model Meeting Code.

 

The following identifies and comments on the proposed new provisions (ie variations from the existing provisions).  Where the provisions are non-mandatory, these are shown below in red font as per the draft Model Code.

 

3.13   A councillor may submit no more than (no. to be specified by the council) notices of motion to be considered at each ordinary meeting of the council.

 

Comment:  As it is open to Councils to nominate the limit on the number of notices of motion the provision is a reasonable one.  Councillors should of course be provided with every opportunity to put forward notices of motion but the provision will allow the Council to stipulate a maximum number if the privilege is abused, for whatever reason.

 

3.14   If the general manager considers that a notice of motion submitted by a councillor for consideration at an ordinary meeting of the council has legal, strategic, financial or policy implications which should be taken into consideration by the meeting, the general manager may either:

 

(a) prepare a report in relation to the notice of motion for inclusion with the business papers for the meeting at which the notice of motion is to be considered by the council, or

 

(b) by written notice sent to all councillors with the business papers for the meeting for which the notice of motion has been submitted, defer consideration of the matter by the council to such a date specified in the notice, pending the preparation of such a report.

 

Comment:  The existing practice has been that the General Manager or MANEX will, where deemed necessary, provide comment on notices of motion for the reasons listed in 3.14.  It should be a matter for the Council as to whether they seek further information by way of a report or defer consideration of the matter.

 

3.15   A notice of motion for the expenditure of funds on works and/or services other than those already provided for in the Council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the notice of motion.  If the notice of motion does not identify a funding source, the general manager must either:

 

(a) prepare a report on the availability of funds for implementing the motion if adopted, or

 

(b) by written notice sent to all councillors with the business papers for the meeting for which the notice of motion has been submitted, defer consideration of the matter by the council to such a date specified in the notice, pending the preparation of such a report.

 

Comment:  It is advantageous for a notice of motion seeking the expenditure of funds to identify a source of funding.  However there may be opportunities for funding sources outside what may be reasonably known to the councillor.  In such a circumstance the existing practice of attaching a General Manager or MANEX comment to the notice of motion can support suggested funding sources or nominate other potential sources of funding.

 

Pre-meeting briefing sessions

 

3.34   Prior to each ordinary meeting of the council, the general manager will arrange a pre-meeting briefing session to brief councillors on the items of business to be considered at the meeting.  Pre-meeting briefing sessions may also be held for extraordinary meetings of the council and meetings of committees of the council.

 

3.35   Pre-meeting briefing sessions are to be held in the absence of the public.

 

3.36   The general manager or a member of staff nominated by the general manager is to preside at pre-meeting briefing sessions.

 

3.37   Councillors (including the mayor) are to make all reasonable efforts to attend pre-meeting briefing sessions.

 

3.38   Councillors must not use pre-meeting briefing sessions to debate or make preliminary decisions on items of business they are being briefed on, and any debate and decision making must be left to the formal council or committee meeting at which the item of business is to be considered.

 

3.39   Councillors (including the mayor) must disclose and manage any conflicts of interest they may have in relation to any item of business that is the subject of a briefing at a pre-meeting briefing session, in the same way that they are required to do at a council or committee meeting.

 

Comment:  This proposal is not supported.  Whilst section 3.38 indicates that pre-meeting briefing sessions are not to involve debate, there will be discussion about matters and inevitably consideration by councillors of a preferred position.  This is going to be done in the absence of the public and particularly those stakeholders who have strong feelings about a matter.  There is likely to be a perception that the pre-meeting briefing session will be used as a means of arriving at collective decisions in the absence of the public.  There is also likely to be a perception that Council staff will be exercising undue influence in that process.  The pre-meeting briefing session also increases the risk of caucusing occurring before a final decision is made.  In addition to the above there is the practical issue that the pre-meeting briefing session is effectively another meeting requiring the time of councillors and staff for which there is an opportunity cost.

 

So whilst there are many risks, the potential benefits of a pre-meeting briefing session are not readily apparent.  It would present an opportunity for councillors to seek information or advice on matters which have not been addressed in a council report.  But this opportunity already exists in the week before a council meeting.  The Council also has the option of deferring a report if there are matters raised by the public which have not been considered in the report.

 

In summary the proposal has many risks and little potential benefit.  It would jeopardise the strength of this Council being its twice monthly meeting cycle.  The twice monthly meeting cycle allows this Council to be better informed, make more timely decisions and provide a superior level of public participation in decision making.  Adding a briefing session to each meeting would challenge the council’s capacity to maintain two meetings per month.

 

4.1     The Council will hold a public forum prior to each ordinary meeting of the council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting.  Public forums may also be held prior to extraordinary council meetings and meetings of committees of the council.

 

Comment:  The provision only relates to matters which are listed in the business paper.  The Council already provides a public forum for matters which are not listed in the business paper as well as the opportunity for delegations (2 for and 2 against) for matters which are listed in the business paper.

 

Audio recording of meetings

 

5.21   Audio recordings are to be made of all meetings of the council and committees of the council for the dominant purpose of assisting with the preparation of the minutes for meetings.

 

Comment:  There are effectively two minute takers at each Council meeting.  It is not considered that an audio recording will make any substantial improvement to the accuracy of the meeting minutes but will create significant risk in relation to a record of potentially defamatory remarks.

 

Voting at council meetings

 

11.10  All voting at council meetings must be recorded in the minutes of the meeting with the names of councillors who voted for or against a motion or amendment being recorded as if a division had been called under clause 11.6

 

Comment:  The Council can establish electronic voting to allow this to occur but it will come at a cost and from previous experience will slow meetings down.  As planning matters and tenders are already subject to a division and with the opportunity for two councillors to call for a division on other matters, the cost/benefit of recording all voting is questionable.  It will simply slow the meeting down in relation to the consideration of the majority of the business paper which relates to non-contentious matters.

 

Minutes of council committee meetings

 

20.23  All voting of meetings at committees of the council must be recorded in the minutes of the meetings with the names of councillors who voted for or against a motion or amendment being recorded as if a division had been called under clause 11.6.

 

Comment:  The provision only applies to committees of the council whose members are all councillors.  As per 11.10 above.

 

 

CONSULTATION:

 

There has been consultation with the Assistant General Manager Corporate Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks pertaining to the proposed non-mandatory provisions are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact, but if the non-mandatory provisions are mandated there will be increased operational costs.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The report indicates that if the non-mandatory provisions are mandated or adopted by the council there will be significant additional resourcing/staff implications.

 

Attachments:

1

49263/2017 - Draft Code of Meeting Practice Circular

 

2

49262/2017 - Draft Model Code of Meeting Practice

 

  


Ordinary Council Meeting - 18 January 2018

Draft Model Code of Meeting Practice

 


 


Ordinary Council Meeting - 18 January 2018

Draft Model Code of Meeting Practice

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.9      SF2397            180118         Regional Sports Infrastructure Fund - Expressions of Interest

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has the opportunity to submit expressions of interest for funding under the Regional Sports Infrastructure Fund.

 

There are a range of criteria which the Office of Sport and Recreation will apply to expressions of interest being:

 

·      The project has to have strategic alignment

·      Multi-sport/multi-purpose facilities preferred

·      Economic benefit – projects have to demonstrate an economic benefit to the region

·      Affordability – including what contribution is being made by council; the ask of the NSW budget; capacity to meet whole of life costs, deliverability.

 

It is proposed that Council submit expressions of interest for the following projects:

 

1      Nambucca Valley Connected – Sharing Sport throughout the Region

       The project has a total estimated cost of $4,320,500 with a requested contribution from Council of $692,600.

 

2     Macksville Memorial Aquatic Centre Upgrade

       Council is awaiting the completion of a costed concept plan and as at the date of preparing this report the total project value had not been determined.  It is proposed that for the purposes of an expression of interest that the requested contribution from Council be capped at $500,000.

 

3     Phillip Hughes Memorial Clubhouse and Oval

       The project has a total estimated cost of $1,393,741.  It is proposed that for the purposes of an expression of interest that the requested contribution from Council be capped at $400,000.

 

 

Recommendation:

 

That Council submit Expressions of Interest for funding under the Regional Sports Infrastructure Fund for the following projects as outlined in the discussion section of the report and including the following financial commitments from Council:

 

1        Nambucca Valley Connected – Sharing Sport Throughout the Region - $700,000

 

2        Macksville Memorial Aquatic Centre Upgrade - $500,000

 

3        Phillip Hughes Memorial Clubhouse and Oval - $400,000

 

 

OPTIONS:

 

Council has discretion as to the applications it makes under the Regional Sports Infrastructure Fund and the level of financial support it provides to each application.  There are a range of criteria which the Office of Sport and Recreation will apply to expressions of interest being:

 

1.   The project has to have strategic alignment

2.   Multi-sport/multi-purpose facilities preferred

3.   Economic benefit – projects have to demonstrate an economic benefit to the region

4.   Affordability – including what contribution is being made by council; the funds sought from the NSW budget; capacity to meet whole of life costs, deliverability.

 

DISCUSSION:

 

It will be recalled that the NSW Government announced as part of the $1.3 billion Regional Growth Fund, the opening of a $100 million Regional Sports Infrastructure Fund on 7 August 2017 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.

 

Council staff made contact with the Office of Sport and Recreation and a telephone conference was held on 13 September 2017.

 

Council considered a report at its meeting on 28 September 2017 concerning the lodgement of expressions of interest for grant funding under the Regional Sports Infrastructure Fund and resolved as follows:

 

1       That Council note the feedback received, and information regarding the discussion.

 

2       That Council staff proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville, with input from the newly formed “Working Party” of stakeholders in conjunction with Council and update the Bowraville Connections Concept Plan.

 

3       That Council engage consultants King & Campbell to conduct an inception workshop for the community and stakeholders of the Macksville Memorial Aquatic Centre prior to considering a fee proposal for the preparation of concept plans for a EOI under the Regional Sports Infrastructure Fund.

 

4       That Council proceed with an EOI for the Macksville Aquatic Centre, to ensure the project meets the criteria and budget requirements for this funding program; and

 

5       That Council remove the major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads from the prioritised list for EOI’s for this funding program.

 

The Council registered the name for an EOI submission for the Hennessey Tape Sporting Precinct but this was not progressed because a community based working party was further developing the proposal.  The working party completed their proposal on 11 December and requested that the EOI be completed and submitted.

 

Since the Council considered the matter in September 2017, the Office of Sport and Recreation have advised that applications will be more favourably considered if the Council can contribute at least 40% of the total project cost.  The 40% contribution can include grant funds already received as well as Council and community in-kind contributions.

 

Given the favoured scenario of significant financial contribution/s from Council, the expressions of interest have been reported back to Council as they will have budgetary implications if they are successful.

 

The following expressions of interest for funding are proposed to be lodged.

 

1    Nambucca Valley Connected – Sharing Sport throughout the Region

 

The proposal developed by the community based working group is attached.

 

The components of the project are:

 

·      A new clubhouse 25m x 25m

·      Covered bowling green/s

·      Golf course reconfiguration

·      Playground

·      Roads, carparks and drainage

·      Footpaths

·      Recreation

·      Family BBQ

·      Basketball/netball conversion

·      BMX track

·      Skate Park

·      Primitive camping area

·      RV & Caravan area

·      Amenities upgrade

·      Sealed and line marked model road

 

The proposal utilises the value of the existing Bowraville Sport and Recreation Club property, identified as $500,000, as an “in kind” contribution.  The Council sold the Club the 1.8 hectares of land on which the club is established in 1983 and there is a Deed dated 2 June 1999 wherein the Club has granted the Council the option to purchase the land for a price of $10 if the Club ceases to or becomes incapable, through whatever cause, of carrying on the concern of the Club on the said land.

 

The project has an estimated total value of $4,320,500 with a requested contribution from Council of $692,600.

 

The construction cost estimates for the components of the project are as follows:

 

Excavation                                         $23,280

Environmental works                          $25,000

Electrical reticulation                           $100,000

Water/Sewer extension                       $30,000

Clubhouse trade                                 $312,500

Clubhouse labour                               $312,500

Clubhouse materials                           $937,500

Bowling Green synthetic                     $270,000

Bowling Green cover                          $420,000

Bowling Green labour                         $280,000

Golf Course reconfigure                     $46,560

Playground materials                          $147,000

Playground labour                              $63,000

Roads & carparks                              $202,450

Footpaths                                          $162,000

Recreation                                         $134,950

Family BBQ                                       $65,000

Basketball/Netball conversion             $50,000

BMX track                                          $55,000

Skate Park                                         $45,000

Primitive Camping set up                    $23,280

RV & C/van area set up                      $123,280

Amenities upgrade                             $120,000

 

Total                                                  $3,948,300

 

If the EOI is successful and a request is forthcoming from the Office of Sport and Recreation for a funding application then consideration will need to be given to a number of matters including:

 

1     The ownership and management of the clubhouse facility.  The clubhouse is proposed to be located on land owned by Council.  Consideration needs to be given to the entity who will accept responsibility for the operating costs and depreciation of the clubhouse facility including the bowling greens, playground and carpark.  For financial and equity reasons it is not recommended that Council accept this responsibility. If so there needs to be a subdivision of the site and either the title transferred to a community based organisation or alternatively a long term lease be provided to the organisation which includes responsibility for all of the improvements on the land.

 

2     There would need to be an agreed constitution for any community based organisation to ensure it focussed on delivering the project, the core of which is, “a central sporting hub bringing all sports together under one roof (and) establishing an intergenerational multi-sport, recreation and leisure precinct”.

 

In terms of an expression of interest under the Regional Sports Infrastructure Fund it is proposed that Council cap its financial commitment to the project at $700,000 which is the amount shown as being required for a 40/60 funding split.

 

2     Macksville Memorial Aquatic Centre

 

At Council’s meeting on 30 November 2017 it was resolved that Council engage King & Campbell to prepare concept plans and a staging and costing schedule for the upgrading of the Macksville Memorial Aquatic Centre.

 

At the date of preparing this report King & Campbell had undertaken a detailed site survey preparatory to the preparation of preliminary concept plans and a preliminary staging and costing schedule.  However preliminary concept plans and a staging and costing schedule had not been received.

 

At a previous stakeholder workshop held on 7 November 2017 the potential priority upgrades to be considered in the plans to upgrade the Aquatic Centre were:

 

1.   Heating of the 50m pool (including pool cover)

2.   Replacement of ageing grandstands with new grandstands with more seating capacity

3.   Protection from winds

4.   Provision of two way lifeguard surveillance capability for hydrotherapy pool and the Olympic pool

5.   Improved disability access to Olympic pool

6.   Altitude training room

7.   24 hour gym

8.   Splash pad for children’s water playground

9.   Reconfiguration of amenities to provide space for health professionals

10.  Reconfiguration of parking and bus stop amenities with possible incorporation of RV parking.

 

Given this list of priority upgrade work, it is evident that all of these components will amount to a very large expenditure and likely exceed the available grant funding.  However the plans will allow for staging of work.

 

Pending the finalisation of King and Campbell’s work it is proposed that in terms of an expression of interest under the Regional Sports Infrastructure Fund that Council cap its financial commitment to the project at $500,000.  Based on the required 40/60 funding split this would mean a grant application for $750,000 for a project with a total value of $1,250,000.

 

3     Phillip Hughes Memorial Clubhouse and Oval

 

The Council commenced the preparation of a Master Plan for the redevelopment of Thistle Park (now the Phillip Hughes Oval) prior to the announcement of the Regional Sports Infrastructure Fund.  On 13 July 2017 the Council resolved to provide the General Manager with delegated authority to source a suitable consultant to review the concept design for Thistle Park.  On 17 August 2017 the Council resolved to engage King & Campbell to prepare a Master Plan for Thistle Park including the preparation of floor plans and elevations for the proposed clubhouse and amenities.  On 30 November 2017 the Council resolved as follows:

 


 

1        Council finalise the Master Plan for Thistle Park with King and Campbell being instructed to:

 

a.    reduce the floor area and cost of the proposed clubhouse by about 50%

b.    reduce the proposed tree planting in accordance with the suggestions from the Junior and Senior Cricket but still retaining sufficient trees to define the cricket field and provide adequate shade

c.    correct the spelling mistake re “Phillip Hughes Oval”.

 

2        Subject to the agreement of the Hughes’ family, that Council formally resolve to rename “Thistle Park”, the “Phillip Hughes Oval”.

 

3        Council offer to lease both the “Phillip Hughes Oval” and that area of the Donnelly Welsh playing fields used for cricket to the junior and/or senior cricket associations for a period of 30 years with an annual rental of $1.00. 

 

4        That Council’s seal be attached to any lease documents as required.

 

5        That upon completion of the Master Plan, Council submit an Expression of Interest for funding under the Regional Sports Infrastructure Fund.

 

The plans for the Phillip Hughes Memorial Clubhouse and Oval have now been completed and are attached.  A schedule of estimated costs is also attached.

 

The costing schedule with a 25% contingency indicates a total project cost of $1,393,741.  Again the plans would allow for some staging of work, with for example the building works costed at $816,000 plus an allowance of $40,000 for services.

 

In terms of an expression of interest under the Regional Sports Infrastructure Fund it is proposed that Council cap its financial commitment to the project at $400,000.  Based on the required 40/60 funding split this would mean a grant application of $600,000 for a project with a total value of $1,000,000, being the minimum project funding under the Regional Sports Infrastructure Fund.

 

 

CONSULTATION:

 

There has been consultation with:

 

·      The NSW Office of Sport and Recreation

·      The community based working group which has put together the proposal for the “Nambucca Valley Connected – Sharing Sport throughout the Region” project

·      The stakeholders of the Macksville Memorial Aquatic Centre.

·      Representatives of Junior and Senior Cricket.

·      David Tooby and Nigel Swift from King & Campbell.

·      The Hughes family who have been provided with the completed plans for the Phillip Hughes Memorial Clubhouse and Oval.  The Hughes family were pleased to endorse the naming of the park in the memory of Phillip.

·      Council’s Grants Officer.

·      The Assistant General Manager Corporate Services in relation to what Council can afford to spend from its available working funds.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.  With the proposed EOI for the Macksville Memorial Aquatic Centre there will be significant energy required to heat the Olympic pool.  Whilst some of this energy can by sourced from photo voltaic panels and a passive solar hot water system, this will need to be augmented by mains electricity or (less likely) LPG gas.  Depending upon the length of the pool season, the energy required to heat the Olympic pool will negatively impact on the Council’s carbon footprint.

 

Social

 

All of the projects will have a range of positive social benefits as a consequence of increased social interaction and increased physical activity leading to improved health outcomes.

 

Economic

 

There will be positive economic outcomes for the Nambucca Valley where a regional level facility can be developed that hosts events which attract people from across the Mid North Coast and further afield.

 

Risk

 

There are a number of general financial risks being:

 

1    That capital costs will exceed the estimates provided for each project meaning they will not be able to proceed or that Council or other parties will need to increase their financial contribution.

2    Increased operating costs which will need to be borne by Council. There is discussion of options in relation to this for both the Bowraville and Phillip Hughes Memorial Clubhouse and Oval projects.  However the proposed heating of the Macksville Memorial Aquatic Centre will result in a substantial increase in the Centre’s operating costs which won’t be offset by increases in the admission price or the number of admissions.  The increased cost can be managed by having a maintenance closure of say the three winter months.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is some discussion in the report about the impacts of the projects on Council’s operating costs and depreciation.  In relation to both the “Nambucca Valley Connected – Sharing Sport throughout the Region” project and the Phillip Hughes Memorial Clubhouse and Oval project, both can potentially be the subject of long term leases to community based sporting organisations wherein the lessee can be made responsible for and the beneficiary of the asset in terms of both its operations costs and the capital investment.

 

The Australian Accounting Standards Board sets out provisions for the recognition of assets in financial statements as follows:

 

Recognition of the Elements of Financial Statements

 

82      Recognition is the process of incorporating in the balance sheet or income statement an item that meets the definition of an element and satisfies the criteria for recognition set out in paragraph 83.  It involves the depiction of the item in words and by a monetary amount and the inclusion of that amount in the balance sheet or income statement totals.  Items that satisfy the recognition criteria should be recognised in the balance sheet or income statement.  The failure to recognise such items is not rectified by disclosure of the accounting policies used nor by notes or explanatory material.

 

83.     An item that meets the definition of an element should be recognised if:

 

(a)  it is probable that any future economic benefit associated with the item will flow to or from the entity; and

(b)  the item has a cost or value that can be measured with reliability.

 

and also

 


 

Recognition of Assets

 

89      An asset is recognised in the balance sheet when it is probable that the future economic benefits will flow to the entity and the asset has a cost or value that can be measured reliably.

 

90      An asset is not recognised in the balance sheet when expenditure has been incurred for which it is considered improbable that economic benefits will flow to the entity beyond the current accounting period.  Instead, such a transaction results in the recognition of an expense in the income statement.  This treatment does not imply either that the intention of management in incurring expenditure was other than to generate future economic benefits for the entity or that management was misguided.  The only implication is that the degree of certainty that economic benefits will flow to the entity beyond the current accounting period is insufficient to warrant the recognition of an asset.

 

The same can’t be achieved for the Macksville Memorial Aquatic Centre where for financial reasons it is advantageous for Council to enter into shorter term operating leases.  In terms of managing the increased operating costs arising out of heating the Olympic pool the key factor will be the length of the season.  In this regard one option may be to have a 3 month winter maintenance closure meaning that the heating will only be applied to the warmest months and with thermostat control may not be required over much of summer.

 

Source of fund and any variance to working funds

 

For General Fund, Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,800,000 above the minimum level as per Council’s policy.

 

In an endeavour to maximise the grant opportunities provided by the Regional Sports Infrastructure Fund it is recommended that Council commit $1.6m of this available working capital to the grant applications for these three projects.  The commitments recommended in the discussion section are as follows:

 

Nambucca Valley Connected – Sharing Sport throughout the Region    $700,000

Macksville Memorial Aquatic Centre                                                    $500,000

Phillip Hughes Memorial Clubhouse and Oval                                      $400,000

 

Service level changes and resourcing/staff implications

 

These are discussed in the report.  All of the projects will increase the service levels of various sports to a regional standard.

 

Attachments:

1

49474/2017 - Bowraville Connections Plan

 

2

49817/2017 - EOI Nambucca Valley Connected v2 final

 

3

49835/2017 - EOI Budget

 

4

49843/2017 - EOI Source of Funds

 

5

451/2018 - Phillip Hughes Oval Rev B January 2017

 

6

49989/2017 - Phillip Hughes Memorial Clubhouse and Oval Costings

 

  


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 

Project Name

(10 words)

 

Nambucca Valley Connected – sharing sport throughout the region

 

What are you going to do?

(250 words)

 

Nambucca Valley Connected – sharing sport throughout the region

This project will meet community needs and reach Aboriginal and non Aboriginal community members - children, youth, young families, and seniors of all abilities - to promote healthy lifestyles, make regional connections and create economic growth.  It will create a central sporting hub bringing all sports together under one roof establishing an intergenerational multi-sport, recreation and leisure precinct in the Nambucca Valley.

The existing facilities are worn, overflowing and need to be upgraded to host regional sports.  The project will transform and upgrade grounds to allow for additional sports and partnerships across the valley, region and state.  This will increase participation in sport and build community social and economic capacity as it will allow sporting groups to better share resources and be more cost effective, sustaining a regional perspective.

Upgrading the site will create short and longer term economic opportunities.  The site will be family friendly, environmentally sustainable, and will embed local history and Aboriginal culture in its design.  The Business and Strategic plans will outline economic growth and sustainability which in return create tourism opportunities.

The project will improve sport participation, health, wellbeing, productivity and better connect Nambucca Valley to the region.  It will build on our strengths and love of sport, our exceptional number of volunteers, and accessible beautiful setting.

 


 

Strategic Assessment

 

Why is the project required?

 

Address at least 2 of the project objectives

-Increase the number and type of regional sporting facilities

-improve the standard of existing regional sporting facility

-increase participation in sport

-provide infrastructure that enables economic growth and boosts productivity

 

Clearly identify the project scope, alignment to priority considerations in the program guidelines and how proposed outcomes will be completed within a prescribed timeframe

 

Describe how the project responds to identifying community needs, issues and addresses a gap in facility provision?

 

How does the project align with Local Government and Sate Sporting Organisation strategic plans?

 

This project will build on the valley’s love of sport and will address entrenched disadvantage. It will provide the shire with a high standard facility housing a multitude of sports injecting economic stimulus during construction and regional events.

 

The Shire ranks in the top 10 SEIFA Index for disadvantage in income, education and employment.  Tony Vinson consistently reported the Shire’s low socio economic status with Bowraville ranked the 7th most disadvantaged community in NSW. An inclusive facility will provide social & health benefits by increasing participation through expanding cricket, bowls, rugby league/union, golf, cross country & tennis and adding new sports of soccer, AFL, oztag, touch and BMX.  It is anticipated that events will attract an additional 20,000 participants a year.

 

The Shire’s Aboriginal population is 7.6% and 14.8% in Bowraville compared with Australia’s 2.8%. The median aboriginal age is 21 years compared to 51 years for non-Aboriginal. (ABS 2016).  Local Aboriginal groups believe sport is a catalyst for participation and social confidence.

 

Over 60 locals from sport and business have participated in workshops to identify needs, issues and support. 

Key points have been economic growth; a modern inclusive facility; economies of scale; sustainability; sharing of resources, knowledge, volunteers and capacity. 

 

Project scope includes constructing a central Hub, reconfigure areas, grow sport, promote active living, link activities to peak bodies and establish a regional events calendar.  The Project Plan will identify responsibilities and times frames to complete the project in 3 yrs.  A 10 yr Strategic Business Plan will focus on jobs, economic growth and sustainability, volunteering, accessibility, succession planning, education, and mentoring options. It will identify objectives & strategies, regional & state partners, event planning, risk management and provide direction. Coordination of sport will improve across the Valley and to the network of regional facilities.

 

The project aligns with Council’s Community Strategic Plan and Government sporting studies which support wellbeing by providing safe and well maintained sporting fields, recreational areas and facilities that increase participation and new sports recognising significant economic, health and education benefits.

 

 


 

Economic Assessment

How will your project deliver jobs and economic growth?

Does the project demonstrate a capacity to improve tourism?

How will local suppliers be considered in the project procurement process?

 

 

A Project Business Plan will identify targets and result indicators on economic growth and ongoing delivery. Most capital works funds will be injected into the local economy through construction work, supply of materials, grounds upgrade and startup of new sports. Council’s procurement policy allows weighting in favour of local contractors, trades and material suppliers.  A majority of the project cost will be spent locally generating revenue confidence for these businesses.

The construction phase will see 100 new jobs, in the area including youth and indigenous and provide a boost to local business. Through the Hub’s capacity to host and attract a range of sporting and community events, there will be long term employment in event planning/coordination, management, maintenance, green keeping, administration, fitness and training, and education.

The Project will improve tourism through an increase in visitors to Bowraville and the Valley as either day/overnight/long term stays and return visitors.  It is anticipated that 12-15 regional events, either competitive or novel, will generate over 2000-3000 visitors per event, with opportunities to run some events over 2 days or long weekends; leading to job growth in catering and hospitality, accommodation, and entertainment industries. Regional events will also support experience and skill development in big project management thereby increasing individual capacity and employability.

The uniqueness of the multisport, recreational and functional precinct will attract younger generations and families from across the region and boost the number of retirees to the Valley. Linking the precinct to the town centre will be enhanced and accessible to people with a disability, children, youth, families, and seniors, enticing active participation across all ages and abilities.  Bowraville is located conveniently between Nambucca Heads and Macksville on a tourist drive, 15min from the new dual carriageway highway with only a short drive from 2 major population centres and regional airports.

Tourism is an important industry and employer in the Shire. Reports show that a majority of first time visitors become regular holiday makers; many eventually retire in the district.  The Hub’s activities will provide a tangible incentive for first time visitors to arrive in the district.

 

 


 

 


Affordability

 

 

Has a net life-cycle approach been considered for the proposal? (i.e. Construction, maintenance, and renewal/replacement costs).

How does the proposal maximise co-contributions from stakeholders?

Please list the major stakeholders and their contribution to the project

 

The project has been pursued through community consultation and stakeholder support. Extensive consultation with stakeholders to establish ‘buy in’ has been undertaken. This project builds on the Bowraville Connection Concept Plan developed and endorsed by Council almost a year ago. Capital expenditure will be based on a mix of grant funds, cash and in kind contributions.  The establishment of a community working group has enabled project feasibility to be closely considered.   

A life cycle approach has been considered with a cost benefit analysis applied to the revised concept plan and a draft Strategic Business Plan developed in readiness for the next stage of the proposal. Council will establish a project team and utilise the expertise of the community working group in developing details of impacts on the economy, community and environment, striving for optimum outcomes and efficiencies.  Council has a rigorous process in determining its works programs and will apply these principles to the construction, renewals and maintenance assessments.

The Strategic Business Plan will include a 10 yr asset management plan that will be reviewed annually.  It will detail a capital works program including a schedule of works and delivery timeframes. It will also include a detailed yearly income and expenditure budget to support ongoing sustainability of the facility.  The robust plan will ensure efficient use of funds to meet the expectations of contributors and stakeholders and contain standards to holding events.  It will embrace latest technology, energy and water conservation and resource sharing. Council will continue its maintenance commitment to the precinct; however it is expected that ongoing commitment will not be required through the economic benefits mentioned earlier.

Co contribution from stakeholders is essential.  There is currently a volunteer management committee, functioning under Council that oversees the activities on the site.  This committee will be revised to include representatives of all the sports in the precinct.  The committee will take on the responsibility of running the Hub. The committee will also maintain links with Council, businesses and school networks.  The volunteer capacity cannot be underestimated – with overwhelming support from all codes at this point in time.

List of stakeholders attached.

 

 

Deliverability

Describe how the project increases (or maintains) participation in sport and active recreation.

Outline your organisations capacity to deliver this project including relevant examples of similar scaled projects.

 

 

 

 

 

 

 

 

 

 

This Valley has a long sporting history and has enjoyed outstanding success locally, regionally and internationally. 

Participation rates in sport and recreation has dropped due in part to a declining standard of playing and social facilities, a shift in sport and recreation interest, membership fees and connectivity. Upgrading and modernising the facilities, improved accessibility, establishing new sports, creating regional connections and exposure to elite level sport, will stimulate involvement in sport and active living as well as provide accessible representative pathways. Cost of participation in particular is discouraging to our disadvantaged. The Strategic Business Plan will analyse the prohibitive factors to participation and will examine successful models of encouraging participation. For instance, the Rugby League participation rate for juniors has been constant for many years in the shire. The Plan will examine the Bowraville Junior Rugby League Club’s model as it is the largest most successful club in the region.  Conversely the club could sign more players only for a lack of functional space at the current facility.

The upgraded and new golf and bowling areas will attract seniors back and encourage a new younger generation to these sports. The proposed covered bowling green would be a unique and valuable asset for the region, securing major competitions from cancellation due to weather.  The upgraded precinct will allow the best North Coast schools’ cross country championship course to be re-established. ‘Come and try’, ‘Gala Days’ and special events will grow and ideas from the community such as the regional ‘Junior Koori Knock Out’  and ‘Elders Olympics’ can be progressed.

 The project will be construction similar to others recently delivered by Council.  The Project Plan will be developed and identify time frames, cash flows, risk management and contingencies.  A unique ledger account separating all financial transactions will be managed through Council’s financial accounting system. A reconciliation of income and expenditure will be instantly available.

Recent projects successfully managed by Council are the Bowraville Off River Storage Facility of $56m, $1m Macksville Fun & Fitness, Gordon Park Better Boating valued at $800k, as well as recurrent capital works program in excess of $30m annually.

 

 


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 

 

 


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 


 


 


 


 


Ordinary Council Meeting - 18 January 2018

Regional Sports Infrastructure Fund - Expressions of Interest

 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.10    SF2303            180118         Rainbow Crossing, Mann Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council take no action in relation to a “rainbow crossing”.

 

 

OPTIONS:

 

If the Council wishes to make a statement about the community’s inclusiveness in respect of the LGBTI community then there are many potential options.

 

A “minimalist” option could be to paint the rainbow flag on the concrete area in front of the Council Chambers were the three flag poles are located.  This would by symbolic and relatively inexpensive. 

 

There are many other potential options.  Besides “rainbow walks”, in Braddon in the ACT there is a rainbow roundabout.

 

 

DISCUSSION:

 

The following notice of motion was considered by Council at its meeting on 31 August 2017.

 

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.

 

The Notice of Motion recommended:

 

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.

 

The Council resolved as follows:

 

That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.

 

The legislation to allow same-sex marriage passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General on 8 December 2017.

 

Now that the legislation has passed there is arguably no residual legal discrimination in place affecting LGBTI people.  As the law has embraced the inclusion of the LGBTI community in society, the value of such statements of inclusion could quickly become passé.

 

In relation to painting pedestrian crossings, this is not recommended by the RMS because of the risks that drivers and pedestrians will be distracted leading to an increased potential for accidents.  Similarly in CBD locations painting footpaths can also be distracting and may cause confusion or anxiety for some people.  There is also the risk of graffiti.

 

 

CONSULTATION:

 

The matter has been no consultation in the preparation of the report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no issues for the environment.

 

Social

The social implications are discussed in the report.

 

Economic

There are no economic implications.

 

Risk

The risk implications are discussed in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The recommendation has no budgetary impact.

 

Source of fund and any variance to working funds

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

The recommendation has no service level or resourcing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.11    SF2329            180118         Minutes of Business Advisory Committee Meeting Held 9 January 2018

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council:

 

1     Appoint a project manager to manage the “Main Street” improvement program as proposed in the Macksville Heritage Study and presentation by Rachel Ward.

 

2     Lodge an expression of interest for $2m in funding from the NSW Government’s Regional Growth Fund for main street improvements in the Nambucca Valley focussed on buildings with heritage significance.  Further that to improve the likelihood of funding that Council offer a co-contribution of cash and in-kind assistance of $400,000.

 

3     Make provision for an expenditure of $15,000 for architectural and design services.

 

4     Make provision for an expenditure of $15,000 for project management services.

 

 

OPTIONS:

 

The Council has many options in relation to its participation in a main street improvement program and the quantum of assistance it provides to the program.  In many respects the success or otherwise of the program will depend upon the level of interest from property owners and their willingness to invest in their properties to achieve returns for themselves and also for the pedestrian amenity of the adjoining public space.  The program will not achieve noteworthy outcomes unless it attracts significant private investment.

 

DISCUSSION:

 

A meeting of Council’s Business Advisory Committee was held on 9 January 2018 at 6.00pm in the Council Chambers.

 

The following are the minutes of that meeting.

 

Present

 

Cr Janine Reed (Chair), Cr John Wilson, Chris Sedgwick, Anthony Burton, Felice Burton, Wayne Lowe, Michael Coulter, Mickey Hawkes, Michael Ettelson, Rachel Ward, Mary Lawler, Allan Rudge

 

Apologies

 

Kerry Grace, Mayor Cr Rhonda Hoban, Jessica Thew, Paula Davis

 

1.       Achievements to Date

 

The following achievements to date were noted:

 

·      Lighting of the Macksville Bridge – Office of Environment and Heritage (OEH) have accepted an EOI for $200,000 in funding

·      Alfresco parklets – shipping containers to be converted into outdoor parklets currently being constructed by the Nambucca Valley Mens Shed

·      Funding application for $20,000 for “Mainstreet improvements” lodged with OEH

·      Work on improvements to Dawkins Park proceeding

·      Grant application lodged for continuation of foreshore walk beside River Street from East Street to the Macksville Police Station

·      Street trees for Macksville CBD have been ordered – landscape architect assessing drainage

·      Landscape architect assessing the pedestrian approaches to the Macksville Bridge on the southern bank

·      Request for funding of bumper stickers to be considered in tourism budget

·      Felice Burton has been working on the Wallace Lane mural with a work-for-the-dole crew programmed to commencement prep and undercoat from 1 February 2018

·      Artist Ian Moule has completed the mural on the Mann Street water reservoir

·      Ignite Mid North Coast event held in Bowraville

·      Action on implementing indigenous signage pending

 

2.       Outstanding Actions

 

No.

Action

Who

1

Who is the appropriate Aboriginal Land Council to engage for artwork?  Need answer by 1 February – Answer Unkya Aboriginal Land Council

Kerry

2

Main street facades:  Michael Coulter to write to property owners – suggested council pick up design costs, DA fees, architect to prepare DA plans, signage.  Note paint has been donated by Wattyl.

Michael

3

RFT for architects to undertake work

Michael

4

Letter to Councillors about achievements to date

Kerry

5

Develop action plan of steps for Macksville project to inform all stakeholders

Michael

6

Building Better Regions Funding application and also application for funding under the NSW Regional Growth Fund

Kerry

Michael

7

Seek funding for Project Manager.  Develop submission as a proforma including job description

Council

8

Review the plan (draft and new template)

Kerry

9

Arrange expert to discuss building changes at January meeting

Michael

 

The General Manager provided an overview of the Macksville Heritage Study undertaken by Trevor Jamieson and noted its recommendations are similar to the presentation and recommendations made by Rachel Ward.

 

The General Manager advised that as per the outstanding actions he had invited local architect Allan Rudge to attend the meeting.

 

There was discussion about progressing the Wallace Lane mural and the main street façade program.  The Council staff and the Committee acknowledged that the amount of organisation required to implement such projects (consultation with owners, traffic control, WHS, equipment hire, procurement, work-for-dole coordination, approvals etc) will require the appointment of a project manager.  It was noted that the project managers hours would fluctuate depending upon the required work.

 

It was recommended (Ward/Sedgwick) that Council appoint a project manager to manage the “Main Street” improvement program as proposed in the Macksville Heritage Study and presentation by Rachel Ward.

 

It was recommended (Ettelson/Sedgwick) that Council lodge an Expression of Interest for $2m in funding from the NSW Government’s Regional Growth Fund for main street improvements in the Nambucca Valley focussed on buildings with heritage significance.  Further that to improve the likelihood of funding that Council offer a co-contribution of cash and in-kind assistance of $400,000.

 

It was agreed that property owners in the Macksville CBD being the block bounded by Cooper Street, River Street, Princess Street and Wallace Street be invited to the next meeting of the Committee on Wednesday 7 February 2018 and that in the interim architect Allan Rudge inspect the major buildings in the precinct.  It was agreed that the media be invited to the property owners meeting on 7 February and that there be catering.

 

Meeting closed 7:45pm

 

In terms of the funding arrangements for a “Main Street” improvement program it is proposed that Council’s financial and in-kind assistance to participating property owners be comprised of the following:

 

·      All design fees (architectural, consulting engineers, survey etc)

·      Development application fees

·      Signage

·      Paint (donated by Wattyl)

 

There may well be some need to consider additional assistance for those property owners where major building works are recommended.  The obvious example of this is the reinstatement of double storey verandahs on buildings with heritage significance.  However these buildings are relatively few and it is proposed that consideration of further assistance be on a case by case basis.

 

It is proposed that Mr Allan Rudge, who is a local architect, be engaged to support the initiation of the “Main Street” improvement program.  His engagement, initially for a period of 3 months, would include attending meetings with the Committee and property owners, inspecting buildings, preparing updated base plans, and providing those base plans to Council.  The engagement would not include DA drawings for individual properties.

 

Mr Rudge’s hourly rate compares favourably with other architects which the Council has recently used and being local there is no issue with travel costs.  He has also agreed to a $15,000 cap on a three month engagement which provides confidence to Council that myriad requests from property owners for architectural advice will not result in huge fees based on his hourly rate.

 

Currently with the grant programs which Council has to acquit there is no internal capacity to undertake the required project management to support the main street program.  It is agreed with the Committee that a project manager is required and enquiries have been made to source a local project manager/s on either a casual or contract basis.

 

The proposed funding application under the Regional Growth Fund will allow the program to be applied across all towns, although its focus will be on buildings with some heritage significance.

 

 

CONSULTATION:

 

There has been consultation with the Business Advisory Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The program will have positive implications for the urban environment through street tree planting and enhanced pedestrian amenity,

 

Social

 

There are potentially very positive social outcomes from reinvigorated CBD’s with an emphasis on pedestrian amenity.  There have been countless successful main street type programs in NSW and other States where traditional main streets have been restored to provide the social focus they had in the early 20th century and prior to the advent of “big box” retailing.  These improved social outcomes are tangible as evidenced by the positive feedback from people visiting places like Bellingen and Sawtell on the Mid North Coast of NSW, Noosa in Queensland as well as towns like Beechworth and Yackandandah in Victoria.  The commercial success of these towns is also apparent.

 

Economic

 

Improved pedestrian amenity in traditional “high streets” will result in increased local and tourist visitation which will in turn increase retail turnover, which will in turn allow for increased returns to property owners, which will in turn allow property owners to invest more in improving their premises consistent with the main street program.  These positive economic multipliers have been achieved in many successful main street programs.

 

Risk

 

The major risk pertains to Council’s investment in the program and whether or not there will be the level of investment by the private sector to justify the commitment of council resources.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary provision for this program.

 

Source of fund and any variance to working funds

 

In an endeavour to get the main street program underway pending the provision of grant funding it is recommended that Council commit $15,000 for architectural services and $15,000 for project management.  This financial commitment would be included as a contribution from Council in the application for funding under the Regional Growth Fund.

 

Service level changes and resourcing/staff implications

 

The lack of capacity for council staff to provide project management is discussed in the report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.12    SF134              180118         Nambucca Shire Council Published Documents

 

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

 

Summary:

 

At the meeting on 16 November 2017 Council requested a report on options for improving public relations documents including but not limited to Council’s Annual Report.

 

The available options of improving Council’s published documents was the subject of two reports to MANEX A in the second half of 2017 and it had been agreed that:

 

·      A list of published documents and the required quality of presentation be agreed.

·      Council continuing utilising the services of the external graphic artist /desktop publishing services that we have effective on-going working relationships with.

·      A source of stock photographs be co-ordinated by the Tourism Officer.

 

A planning calendar of required documents was also proposed as a useful way of managing the work.

 

This approach was designed to make best use of existing resources although there were expected budget increases for external desk top publishing and images. 

 

There is scope for the Business Services Unit (BSU) to support the production of these documents.  However, using several external graphic artist /desktop publishing services does not promote an efficient working relationship or assist in producing a consistent corporate look.  This could be overcome by narrowing the scope of the documents they coordinate.  No progress has been made developing this approach beyond agreeing to the list.  This is primarily because the BSU has been struggling to cover essential jobs due to an increased work load  (mainly health and planning), staff being seconded to other areas and a spate of unplanned leave due to family health issues.

 

Another opportunity of a similar nature that has not been discussed in this report is restyling corporate printing stock and forms.  An example is restyling rates notices, not only to give them a fresh modern look but redesign them so they promote preferred payment and communication channels.

 

It is suggested that Council review this approach and schedule of documents.  Every attempt will be made to accommodate changes to the list of published documents and the required quality of presentation.  Changes to the approach will require more work and possibly a budget submission.

 

 

Recommendation:

 

That Council endorse (as amended) the list of published documents and the required quality of presentation.

 

 

OPTIONS:

 

A more expensive alternative would be a dedicated communication officers; the brief could widen to include social media, web publishing, drafting media statements, education campaigns, assisting the Mayor with such matters, co-ordinating public consultation, internal newsletters and assisting with tourism promotion.

 

An extension of the recommendation would be to extend the remit the original proposal to include control of document standards and co-ordination of communication channels.  This would include aligning the corporate theme and standard across different media.  An example would be to produce email and printed templates for the same document. The document standards role is on the list to be address by the BSU continuous improvement team.

 

 

DISCUSSION:

 

The available options of improving Council’s published documents was the subject of two reports to MANEX A in the second half of 2017.

 

Producing the Community Strategic Plan (CSP) and Delivery Program (DP) for the IP&R cycle prompted the review.  These documents have a shelf life of 4 years, they are “the top of tree” planning documents and should look presentable.  Another consideration is that having the documents styled alike makes them recognisable as a suite of plans.  At times the process was a bit daunting and unwieldy. There is also a regular stream of documents that need to be produced as well as one off jobs such as grant applications, competition entries and consultation documents for projects and proposals.

 

Currently documents are prepared on publisher or word, both have limitations and we have no capacity to produce artwork for professional printing. In the case of the CSP and DP, they were produced in word and then sent out to an external graphic artist.  This worked reasonably well but could be better coordinated by someone more familiar with the process. 

 

Based on this experience and discussions at MANEX A meeting 30 August 2017 it was agreed at the meeting of 25 October 2017 that:

 

·    A list of published documents and and necessary standard of production be agreed.

 

It should be noted that these documents are typically not only printed but more regularly viewed on a screen, so there is nearly always a need to produce a download friendly version for the website as well as a high quality version for printing.  Council very rarely pays for professional printing on quality printing stock; it is normally limited to promotional material such as “Gumma Camping” informational brochure.  Even documents with a longer shelf such as the Community Strategic and Delivery Program are printed in house on photocopiers; this has proved adequate in recent years.

 

IP&R Documents

 

How often ?

Standard of production

Community Strategic Plan

Every 4 years next 2021

best

Delivery Program

Every 4 years next 2021

best

Operational Plan

Every year - quarterly updates

Financial report as produced

Long Term Financial Plan

Every Year Next 2018

Financial report as produced

Annual Report

Every Year next Nov 2017

Internal word document

Delivery Program reporting

Every 6 Months Next Dec 2017

SQL Data Base report - format to be developed

Work Force Management Plan

Every 4 years next 2021

Internal publisher document

 

The Annual Report is of particular interest as it was specifically raised in Council’s request.  Currently it is treated as a compliance exercise, this is on the basis it has very limited readership and has to be loaded with a lot of detailed information so it is never going to be a light weight selling document. Final production is normally always held up by waiting for an audited set of financial statements.  This results in the Annual Report being presented in November close to half year after  the reporting period and months after listed companies (some of them multinational operations) reported the same period.

 

Newsletters

 

How often ?

Standard of production

Staff Newsletters

Monthly

Internal publisher document

Rates News Letters

Quarterly

Internal publisher or word document? Upgrade to best?

 

The detail in the rates newsletter has recently been decreased in an attempt to make it less busy and more readable; there has also been an attempt to consolidate multiple notices on separate pieces of paper (such as the new tipping fees) into the single new letter.  This is aimed at reducing possible confusion, increasing the likelihood of people looking at it instead of tossing everything that is not the rates notice and reducing cost.  Multiple insertions are also problematic when emailing rates notice.

 

Other Identified Planning Documents

DCP Valla Growth

Economic Development Strategy

Disability Action Plan

Tourism Development Strategic Plan

 

No feedback was received regarding these documents

 

·    That Council continuing utilising the services of the external graphic artist /desktop publishing services that we have effective on-going working relationships with

 

Currently Council uses Tango Design and Print. Bad Hat Harry and Fisher Design.  Different Departments have developed working relationships with these firms over time.  When producing a document it is essential to understand expectations on both sides, file formats, leads times and how large files are moved around and how edits and version control are done. When you have an effective working relationship it is normally more convenient and efficient  to talk to them first.

 

·    That a source of stock photographs be co-ordinated by the Tourism Officer,

 

A picture tells a thousand words” and while it is not always appropriate, documents that sell tend to be more pictures than words.  It is proposed that one person control Council’s photo library and make them the “go to” person when you are looking to purchase stock photos.  Quite often glossy selling documents will have photos of happy smiling people, people relaxing, people doing something exciting such as kite surfing - the images sell the feeling - if you are talking about roads, someone driving a sports car gets more response than a picture of a half built bridge.  These pictures are often best purchase from an online library.

 

 

CONSULTATION:

 

MANEX A

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No Impact

 

Social

 

The report refers to public relation documents and the image of Council to which they contribute.

 

Economic

 

Negative - Producing more polished documents does require more resourcing.

Positive - More polished documents portray a more professional image when applying for grants and attracting investment.

 

Risk

 

No identified change in risk profile - a lot of these documents are of a compliance nature and the content is of a prescriptive nature.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not identified -  The report is for information at this stage.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

Service Level Change - Improved presentation of publish documents.

 

Staff/Resourcing Implication - Council currently has no in house desk top publishing capacity and gets very few documents professionally printed and does not normally spend a lot on stock images or professional photography.  All these come at a cost.

 

Currently Council takes a compliance approach to some statutory documents, the focus being on ensuring the require content is included.  Improving the presentation of these documents will require additional staff time.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.13    SF2354            180118         The Australasian LG Performance Excellence Program 2017

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

This year, for the first time, Nambucca Shire Council participated in the Australasian LG Performance Excellence Program. Now in its fifth year, the Program has been developed by Local Government Professionals Australia NSW in collaboration with PricewaterhouseCoopers (PwC).

 

With 136 participating councils from across Australia and New Zealand in 2016/17, the program collects data and provides results on council performance in the areas of corporate leadership, workforce management, finance management, operations management, risk management, asset management and service delivery.

 

Participating in this program allows the Council to:

 

·      Monitor and manage internal business performance 

·      Identify and prioritise areas of focus for improvement

·      Facilitate data-driven decision making

·      Benchmark its performance against other councils

·      Better communicate with stakeholders

 

 

Recommendation:

 

1        That Councillors and managers read the full report entitled “The Australasian LG Performance Excellence Program FY17” which has been published on our website.

 

2        That Council continue to participate in the Australasian LG Performance Excellence Program and provision to do so be made in the annual budget.

 

3        That senior management report back with recommended actions to address the key findings in the report.

 

 

OPTIONS:

 

Council has a range of options including but not limited to:

 

1    Resolving to note the information in the report

2    Resolving to endorse the report as a key reference document for information gathering, benchmarking and decision making purposes

3    Resolving to have senior management report back on some of the key findings and considerations in the report.

 

 

DISCUSSION:

 

This year, for the first time, Nambucca Shire Council participated in the Australasian LG Performance Excellence Program. Now in its fifth year, the Program has been developed by Local Government Professionals Australia in collaboration with PricewaterhouseCoopers (PwC).

 

The purpose of the Program is to assist councils better communicate, control and manage their internal business performance with their stakeholders through the use of comparative data analytics. During the program, PwC collects data from participating councils and then transforms this data into key metrics, identifying trends and observations that focus on operational and management excellence.

The benefits to councils include the ability to monitor and manage their internal business performance over time, as well as improve the prioritisation of change based on data-driven decision making.

 

The 2016/17 report has just been published based on data collected from 136 councils across NSW, WA, SA and New Zealand, including 60 from NSW. All councils within MIDROC participated this year. The report itself is customised for individual survey participants in that the charts within the report represent the individual council’s results relative to the survey population that responded to that particular question. These insight reports represent a starting point for further discussions, rather than a conclusive assessment in any particular area.

 

The full report has been published on our website with the permission of PwC and LG Professionals on the basis that the following words are included with the report when the report is provided:

 

“The information, statements, statistics and commentary contained in this report are of a general nature and have been prepared from data provided by Participating Councils. The reliability, accuracy or completeness of this information has not been independently verified.

 

Accordingly, whilst the statements made in this report are given in good faith, no one should act on the basis of this report without obtaining specific advice and neither LG Professionals, NSW nor PwC accepts any responsibility for the consequences of any person’s use of or reliance on the report (in whole or in part) or any reference to it.”

 

The table below provides a comparison of the “NSW FY17 local government highlights” (on page 4-5 of the Report) against some of the findings for Nambucca Shire Council. Readers should be mindful it is no substitute for the full report.

 

Topic

NSW Local Government

Nambucca Shire Council

Workforce costs

(page 14)

In surveyed NSW councils, there is a median of 8.9 FTE per 1,000 residents, declining by 4%, from 9.3 in FY16.

 

Employee costs per 1,000 residents are a median of $765k and represent 37% of total operating expenses.

 

There is minimal outsourcing spend on all service areas, comprising just 14% of total operating costs, compared to 29% in NZ councils.

FTE per 1,000 residents = 5.6

 

Employee costs per 1,000 residents = $471K (26% of total operating expenses)

Gender diversity

(page 29)

NSW councils have the lowest proportion of women in their employed workforce (40%), compared to the other jurisdictions, especially when compared to NZ councils with 58% female employees.

 

The statistic in NSW councils reduces drastically when it comes to women progressing into senior management roles, with the median of 20% female CEOs and directors remaining static for 3 years now, compared to 33% in NZ councils.

27% of our employees are women

Generational shift

(page 36)

NSW councils have the highest proportion of Baby Boomer staff, at 42%, compared to the other jurisdictions, although a shift in the generational headcount mix continues. Three years ago almost half of the NSW workforce were Baby Boomers and just 18% were Gen Y employees, but the Gen Y and younger cohort now represents almost a quarter of the workforce (24%). However, Gen Y and younger churn, at 18%, remains remarkably higher than 10% churn for baby boomers and Gen X.

Baby boomer employees = 48%

 

Gen Y employees = 16%

 

Gen Y turnover rate = 6%

 

Topic

NSW Local Government

Nambucca Shire Council

Leave management

(page 41- 42)

and overtime (page 15)

It is time for NSW councils to implement an active leave management strategy: 40% of the NSW workforce has 4 or more weeks of accrued annual leave, and 28% have more than 12 weeks of long service leave accrued.

 

When reviewed in conjunction with paid overtime hours per FTE, the wellbeing of the NSW workforce is brought into the spotlight; NSW councils have at least 2 times higher median annual overtime hours paid per FTE than any other jurisdiction, with 50 hours.

 

Overtime $ per FTE = $2,388

Paid overtime as a percentage of total salaries and wages = 3.8%

Workforce with more than 4 weeks of accrued annual leave = 51%

 

Workforce with more than 12 weeks of accrued long service leave = 37%

 

Overtime $ per FTE = $2,345

Paid overtime as a percentage of total salaries and wages = 3.2%

Talent strategy focus

(page 21 -39)

We see NSW councils taking greater strides in managing the pipeline for future leaders, with 52% focused on targeting the pipeline of future leaders within their talent strategy, up from 45% in prior year. This is encouraging to observe given 54% of CEOs and 34% of directors will have the option to retire in 10 years.

Potential retirements by June 2027 = CEO 100%, directors 0%, managers 22%

Role of finance

(page 49-61)

61% of NSW councils are seeing the benefits that come from having a CFO who is part of the senior leadership team, however this remains low compared to 89% of NZ councils.

 

The reduced interaction with senior management in some NSW councils is reflected in the lower effort directed at value–add business insight activities (22%), compared to 30% in NZ councils.

Effort directed at value–add business insight activities = 13%

Corporate services

(page 64-65)

Of the four key corporate service areas in NSW councils, we see a decline in the number of customer service staff per 100 employees, now at 3.4 (down from 3.7 in FY16),

and a slight upward shift to 3 IT staff per 100 employees (up from 2.9), with no change in Finance at 4.4 and HR at 2.4.

 

The downward shift in customer service (CS) is also reflected in the median 2.4 CS FTE per 10,000 residents, compared to 2.7 in FY16.

 

Corporate services staff per 100 employees = 13.1

Customer service staff per 100 employees = 7.8

 

IT staff per 100 employees = 2.6

 

Finance staff per 100 employees  = 8.7

 

HR staff per 100 employees = 2.6

 

Corporate services staff per 100 employees = 21.7

Online customer self-service

(page 74)

NSW councils are more likely to provide online application tracking (75% compared to 32% or less in other jurisdictions) and online library services (85% compared to 74% in both WA and NZ councils). However, we notice NSW councils (67%) lagging behind the other jurisdictions with the offering of online payments, compared to 94% of WA, 89% of NZ and 82% of SA councils.

Online customer self-service available:

·      Library services

·      Online payments

·      Submit a service request

·      Application tracking

·      Updated registered email address

·      Submit and track service requests

Topic

NSW Local Government

Nambucca Shire Council

Formal IT strategy

(page 66-68)

We see 61% of NSW councils realising the value of having a formal IT strategy in place (up from 55% in FY16), compared to just 36% of SA and just over half of NZ and WA councils.

 

Focus on a digital strategy is critical and this is reflected in the effectiveness of IT systems, with 31% of NSW councils rating their systems as effective, compared to just 18% of SA and 22% of WA councils. Despite this, ongoing opportunity exists for the 62% of NSW councils rating their systems as adequate, and especially the 7% with widespread dissatisfaction and concern.

Draft IT Strategy in place

 

IT systems adequate but some functionality missing.

IT priorities over the next three years

(page 70)

A higher proportion of NSW councils are placing emphasis on technologies to enable better remote access for staff (62%) and improve staff collaboration within the office (52%). Since the prior year, we now see automating internal operational processes for enhanced service delivery being ranked in the top 3 IT priorities, with 47% of NSW councils focused on this area. This means online customer self-service (34%, down from 37% in prior year) is now in fourth place.

Top three IT priorities over next three years:

 

1.   Automating operational processes for cost savings

2.   Automating operational processes for service delivery

3.   Online customer self-service

Service delivery

(page 80-102)

Looking at services that most NSW councils have in common, and are outside of the essential high cost delivery of waste and roads, we observe $72 per resident in parks and gardens, $47 in cultural and community services (CSC), $46 in town planning, and $41 in libraries.

 

Overall solid waste management expense per resident = $171

 

Roads and bridges expense per kilometre = $11.8K

 

Parks and sporting grounds expense per resident = $108

Overall solid waste management expense per resident = $218

 

Roads and bridges expense per kilometre = $10.5K

 

Parks and sporting grounds expense per resident = $82

 

Risk management

(page 103-107)

85% of NSW councils have an established risk committee, compared to 100% in all other jurisdictions.

 

While we now observe 51% of NSW councils using key risk indicators to measure and monitor risk (up from 43% in FY16), this is low compared to 82% of SA and 74% of WA councils.

 

In addition, with only 34% of NSW councils reporting risk to council at least quarterly, this is low, especially compared to 59% of NZ councils.

Audit and Risk Committee established

 

Key risk indicators in development

 

 

 

Risks formally reported to Council every Council meeting.

Internal audit

(page 108-111)

It is encouraging to see that 82% of NSW councils have some form of internal audit function, whether it’s wholly outsourced (44%), internal (15%) or a combination of both (23%). The proportion of NSW councils operating an IA function is high, compared to NZ (63%) and WA (68%) and goes some way to mitigating the risk in NSW around the lack of established risk committees (85%, compared to 100% in other jurisdictions).

Internal audit function in place and outsourced.

 

Audit and Risk Committee established.

Topic

NSW Local Government

Nambucca Shire Council

Asset management

(page 124-132)

Just 55% of NSW councils have a strategic asset management plan that links to the financial long term plan, compared to 76% of SA and 89% of NZ councils.

 

We continue to see a lower proportion of NSW councils (74%) with an asset management system in the category of Road networks, compared to 100% of NZ, 91% of WA and 88% of SA councils.

Strategic asset management plan linked to long term financial plan in development.

 

Asset management system exists for road networks.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable      

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Not applicable

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of participating in the program was $8,386.40.

 

Source of fund and any variance to working funds

 

General Fund.

 

Service level changes and resourcing/staff implications

 

There is a reasonable staff commitment required to submit the data.  If there is action in relation to the findings of the report, this staff commitment is probably justified.  However, if the information is simply noted an no action is taken it would be a waste of resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.14    SF941              180118         Nambucca Shire Council Tourism Strategic Plan Appointment of Consultant and Proposed Formation of Plan Steering Committee

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Early in 2017, Council received various reports relating to Tourism which lead to discussions regarding the need for a strategic approach to Council’s involvement in the Tourism industry through the development of a Strategic Plan.

 

Subsequently Council allocated funding in the current budget for development of the Plan and a consultant has now been appointed.

 

 

Recommendation:

 

1        That Council note the appointment of Dr Meredith Wray and Claire Ellis in relation to the development of the Nambucca Shire Council Tourism Strategic Plan.

 

2        That Council endorse the formation of a Steering Committee to oversee development of the Plan (with a membership comprising at least  one (1) Councillor, Manager Community Development, Manager Business Development, Tourism Marketing Co-ordinator, Chairperson Nambucca Valley Tourism Association Inc, and a representative of the Nambucca Shire Council Business Advisory Committee) noting that the intended life of the Committee will be the period required to prepare the Tourism Strategic Plan ie concludes 30 June 2018.

 

 

OPTIONS:

 

No options are being presented.  Council staff are acting on Council’s instructions and the consultant has been appointed in accordance with staff delegations of authority.

 

DISCUSSION:

 

In accordance with Council’s decisions on the matter, the call for quotations from suitably qualified and experienced consultants was made during November/December; with the following framework as a starting point.

 

The Tourism Strategic Plan has the following objectives:

 

·      To outline Council’s future role in the tourism industry and provide a basis for resource planning.

·      To identify opportunities for industry development and future investment in tourism.

·      To provide a framework which will support applications for funding or investment.

·      To identify opportunities for collaboration in larger market places which may be physical or virtual; existing or emerging.

·      To identify opportunities for collaboration with Nambucca Valley Tourism and options for the respective roles of Council and the local and regional tourism associations.

 

The plan must also be aligned with Council’s integrated planning and reporting framework and relevant strategies; and will have a 5-year timeframe.

 

Four enquiries were received which resulted in two quotations.

 

Dr Meredith Wray Sustainable Tourism Research and Planning, together with Claire Ellis Tourism Analysis and Solutions (a partnership) were selected for the following reasons:  the quotation was within Council’s budget allocation, their strong track record on working collaboratively, experience with strengthening the effectiveness of Local Government resources and their advanced level of knowledge and experience in tourism on the NSW North Coast.  The latter is a great advantage to Council as the consultants will be able to quickly focus on the Nambucca and its uniqueness, as they already have a solid understanding of the region.  Council staff have also had the advantage of seeing the partners in action and have seen firsthand how they will approach development of Council’s Plan.

 

Their recent work has included a North Coast Destination Management Plan and Coffs Coast Strategic Tourism Plan; and other work includes Mount Gambier Tourism and Visitor Information Service Review and Kangaroo Island Open All Year project.  Contact with other Councils and clients of the consultants support the decision to appoint. 

 

Development of the Strategic Plan has commenced with data collection; ready for workshops, site visits and consultation following the January school holiday peak.  (Also refer to the attachment) The Plan is to be completed by 30 June 2018. 

 

The Consultants have requested the establishment of a small steering committee to foster collaboration and knowledge transfer.  The committee would be engaged throughout the project to provide advice and feedback at key points.  As the Plan will be determining Council’s future in tourism, it is anticipated that the Committee would have strong Council representation together with industry representation in the form of say the Chairperson of the Nambucca Valley Tourism Association and a representative from the Council’s Business Advisory Committee.  The working group would operate with the sole purpose of guiding and assisting the delivery of the Plan within the framework outlined earlier in this report; supporting/encouraging community and industry engagement and provision of feedback to consultants.

 

Suggested membership:

 

·      One (1) Councillor

·      Manager Community Development

·      Manager Business Development

·      Tourism Marketing Co-ordinator

·      Chairperson Nambucca Valley Tourism Association Incorporated

·      Representative of the Nambucca Shire Council Business Advisory Committee

 

Life of Committee:  It is intended the life of the Committee will be the period required to prepare the Tourism Strategic Plan ie concludes 30 June 2018.

 

Recommended meeting frequency will be generally in accordance with key milestones – likely to be monthly until June 2018.

 

 

CONSULTATION:

 

Tourism Marketing Co-ordinator

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

Nothing arising from this report.

 

Economic

 

There are no economic implications of this report.

 

Risk

 

Nothing specific identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$20,000 has been allocated in the current (2017-2018) budget and the proposal is in keeping with the allocated funds.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Nothing identified from this report.

 

Attachments:

1

183/2018 - Nambucca Shire Council Tourism Strategic Plan Development - Stages 1 to 3 outlined

 

  


Ordinary Council Meeting - 18 January 2018

Nambucca Shire Council Tourism Strategic Plan Appointment of Consultant and Proposed Formation of Plan Steering Committee

 


 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.15    SF1417            180118         Proposed Civil Works - Council Subdivision, Railway Road, Nambucca Heads

 

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

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council proceed with the construction of the “missing” road link between Railway Road and the Centenary Drive/Mann Street roundabout as per the quote received from Stabilcorp and construct the required stormwater drainage as per the quote received from Northpipe Constructions.

 

 

OPTIONS:

 

The Council has the option of deferring the work.  However if the work is deferred it is likely to cost significantly more.

 

DISCUSSION:

 

Council commenced the first stage of civil works for the B7 Business Park zoned land located on the corner of Hyland Park Road and Mann Street, Nambucca Heads after acquiring compactable fill material from the Pacific Highway upgrade in 2017

 

Council engineering staff are now preparing to upgrade Mann Street from the Woolworths Service Station to the Mann Street/Centenary Parade roundabout in the coming months.  As part of this road rehabilitation of Mann Street, there will be financial savings in site establishment, reuse of suitable sub-grade material, cartage and other costs in constructing the short section of the “missing link” road required to provide road frontage to the land between Railway Road and the roundabout.

 

Also, Council as the developer of the B7 land is required to provide storm water drainage from the road through to the adjoining State Forest.

 

To date Council has been able to reduce the cost of developing Lot 133 (the B7 land) by stockpiling accredited fill material on the site and by leasing part of the site to NSW TAFE as an earthmoving training facility pending expressions of interest to purchase the land.

 

To take advantage of the savings from the forthcoming rehabilitation of Mann Street the Council needs to allocate funding to the construction of the “missing” road link and also the provision of stormwater drainage.

 

The successful tenderer for the Mann Street rehabilitation, Stabilcorp, has agreed to apply the same schedule of rates to the construction of the missing link road between Railway Road and the Mann Street roundabout.

 

Applying those rates to the construction of this section of road results in the following costs:

 

·      Road formation                                         $45,317.20

·      932 m2 AC seal for road and car park        $30,000.00

·      Concrete for barrier kerb                            $3,000.00

·      Labour for barrier kerb                               $4,000.00

 

Sub Total                                                  $82,317.20

 

Quotations have been received for the associated storm water drainage works from three contractors, Stabilcorp, Northpipe Constructions and PWP Plumbing.

 

Northpipe constructions had the cheapest quote at $42,748.90 including GST.

 

Therefore the total cost of the job including storm water drainage is $125,066.10.

 

CONSULTATION:

 

There has been consultation with the Manager Infrastructure Services in relation to the opportunity to construct this section of road in conjunction with the rehabilitation of Mann Street.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

The work will largely complete the off-site civil works for this subdivision.  It will improve the presentation of the B7 land for sale, this being the premium land for development having the best exposure and location on the corner of Mann Street and Hyland Park Road.

 

Risk

 

Council is committed to the development of the land.  As the construction of the road and drainage is required to facilitate the sale of the land the only risk pertains to deferring the work and the likely additional cost which would be incurred.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the 2017/2018 Operational Plan for this work.  An opportunity has arisen as a to undertake this work as a consequence of other road work planned in Mann Street.

 

Source of fund and any variance to working funds

 

Working funds will be required for the funding of this work.  Whilst there is a significant deficit in the property development reserve there is a pending sale for industrial land in Railway Road with Council’s Hyland Park subdivision of 13 lots to be developed and sold in this calendar year.

 

Service level changes and resourcing/staff implications

 

There are no service level of resourcing/staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.16    SF2423            180118         Development Applications greater than 12 months or where submissions received -  to 10 January 2018

 

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 contained in the report on Development Applications greater than 12 months or where submissions have been received as at 10 January 2018 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

2017/179

3 August 2017

Telecommunications Facility (Mobile Phone Tower)

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

Thirty-seven submissions have been received within the specified notification period – thirty-four oppose the proposal, one does not object but offers an alternative site and two support the proposal.

·           Proposed development is unsightly and will spoil the bushland views and visual amenity

·           It will threaten existing native fauna and impact habitat of native fauna – comprehensive impact study required

·           Concerned about electromagnetic energy impacts on nearby residents and the school

·           No evidence that the local community will benefit from it

·           Exceeds height limit for site – tower is much too high – over 20m above the tree line

·           In Acid Sulphate Soils Class 2 area

·           Located in an area of “threatened Remnant Coastal Wetland” and the site floods

·           This would be better situated on the other side of Scotts Head Road

·           More suitable sites should be investigated

·           Could be bad for people’s health

·           Properties will be devalued

·           If a red light is placed on top of the tower, residents should receive compensation or blinds to reduce the impact

·           Too close to the school, the oval, yarning circle and adjoining residences

·           Low-lying site will not provide for optimal effectiveness of the tower

·           Will have a detrimental impact on lifestyle and tourism for Scotts Head

·           Does not comply with relevant planning principles set by the NSW Land & Environment Court, including impacts on neighbouring properties, including amenity, reasonableness, loss of reasonable development potential and poor design

·           Does not comply with Visual Impact Minimization principles as provided within the NSW Telecommunications Facility Guideline - it does not respond appropriately to its rural landscape setting

·           Exact location of tower not clear from information provided

·           Proposal is not visually aesthetic – too close to neighbouring residences

·           Too much vegetation will need to be cleared.

·           Not required as homes with broadband internet can make and receive calls using the NBN

·           A visual montage should be provided by the applicant

·           Council should conduct a site visit

·           Causing stress and anxiety in the local community

·           Would like it to be considered at a public council meeting

·           Could pose a catastrophic risk to residents in the event of a bushfire

·           More property owners should have been notified and the local community consulted with more thoroughly

·           Appears to be a cost savings exercise by Optus

·           Area is of significance to the Gumbaynggirr people

·           Should be a more suitable colour to blend in with the surrounding landscape

·           Does not comply with Clause 5.5 objectives of the Nambucca Local Environmental Plan 2010 – Coastal Policy

·           Owner of Lot 106 DP 251748 would be happy to have the tower on their property and believes this would have less of an impact as it would be close to main power transmission lines

·           The tower will provide better reception for Scotts Head which is important in emergency situations

·           Mobile phone reception is now an essential service and many parts of Scotts Head do not have mobile phone coverage

STATUS: Applicant is reviewing the application

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/238

18 October 2017

2 Lot Subdivision & Change of Use to Dwelling

Lot 3532 DP 793199, 349 Newee Creek Road, Newee Creek

One submission has been received – it opposes the development

·           Development will add to dust nuisance of Newee Creek Road unless sealing is undertaken

STATUS: Being assessed – waiting for response from the RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/272

30 November 2017

Shop Top Housing

Lot 413 DP 611276, 7A Ocean Street, Scotts Head

Three submissions have been received – they oppose the proposal

·           Affect the amenity of the adjoining properties with respect to views, solar access, shading and privacy

·           Reducing side setback to zero will impact light and solar access on that boundary

·           Bulk and scale of the proposed building not in keeping with the village appeal of Scotts Head

·           Design of building does not respond to constraints of the site or the controls in the DCP

·           Boundary fence design will result in noise and fumes being experienced next door

·           Floor space ratio should not be exceeded

·           Assumptions have been made in the SEE about future plans of an adjoining property which are speculative and misleading

·           Questions are raised regarding the safety and risk of proposed construction methods on the adjoining property

·           Not enough off-street parking is being provided plus it will be difficult to use that which is being proposed leading to more parking on the street

·           Council should consider referring the proposal to a Design Review Panel or external expert for advice

·           Proposed commercial use is very minor – difficult to see how development meets criteria and development standards for “mixed use”.

·           Unclear what some of the ground floor will be used for

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.17    SF2293            180118         2017 December - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of December 2017 as at 8 January 2018.

 

 

Recommendation:

 

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

 

 

Attachments:

1

726/2018 - Attachment to Report - CCs and CDs Approved - December 2017

 

  


Ordinary Council Meeting - 18 January 2018

2017 December - Approved Construction and Complying Development Certificates

 


 


 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.18    SF2293            180118         2017 December- Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in December 2017 as at 8 January 2018.

 

Recommendation:

 

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

 

Attachments:

1

729/2018 - Attachment to Report - DAs and CDs Received - December 2017

 

  


Ordinary Council Meeting - 18 January 2018

2017 December- Development and Complying Development Applications Received

 


 


Ordinary Council Meeting                                                                                                18 January 2018

General Manager's Report

ITEM 9.19    SF1148            180118         Council Ranger's Report November & December 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 Ranger and other Council Officers for November and December 2017.

 

 

Recommendation:

 

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

 

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

2

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

2

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

2

4

Abandoned or Stray

2

8

Surrendered

0

2

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

4

14

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

1

5

Sold

1

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

1

Owner’s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

1

2

Total Outgoing Animals

3

9

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

1

5

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

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)

1

5

Abandoned or Stray

4

5

Surrendered

4

1

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

9

11

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

3

Sold

3

3

Released to Organisations for Rehoming

2

3

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

1

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

1

0

Total Outgoing Animals

5

9

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

4

2

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

November 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

November 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

November 2017

OTHER

Issued By:

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

December 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

CEJ-78F

3149305877

Park longer than permitted

110.00

15/12/2017

 

AC-09-QB

3149305886

Park longer than permitted

110.00

15/12/2017

 

AL-57-DA

3149305895

Park longer than permitted

110.00

15/12/2017

 

ARD-40R

3149305904

Park longer than permitted

110.00

15/12/2017

 

AF-91-WI

3149305913

Park longer than permitted

110.00

15/12/2017

 

PKH-111

3149305922

Park longer than permitted

110.00

15/12/2017

 

BZN-60L

3149305931

Park longer than permitted

110.00

15/12/2017

 

BAX-14C

3149305940

Park longer than permitted

110.00

15/12/2017

 

736-382

3149305950

Park longer than permitted

110.00

15/12/2017

 

BKV-63V

3149305969

Park longer than permitted

110.00

15/12/2017

 

CJ-42-EM

3149305978

Park longer than permitted

110.00

15/12/2017

 

WDH-910

3149305987

Park longer than permitted

110.00

15/12/2017

 

 

3168973006

No Stopping

257.00

27/12/2017

 

 

3168973015

No Stopping

257.00

27/12/2017

 

 

3168973024

No Stopping

257.00

27/12/2017

 

 

 

TOTAL:

2091.00

 

 

December 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

December 2017

OTHER

Issued By:

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                18 January 2018

General Manager

ITEM 9.20    SF271              180118         Code of Meeting Practice - Timing for members of the public to address Council Meetings

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant; Heather Leclercq, Executive Assistant/Business Services Unit         

 

Summary:

 

Council has completed a public consultation process for the proposed changes to the Draft Council’s Code of Meeting Practice – Timing for members of the public to address Council meeting.

 

There were no submissions received.

 

It is recommended that the Code of Meeting Practice be updated to reflect this.

 

 

Recommendation:

 

That Council’s Code of Meeting Practice be amended to Part 6 – Miscellaneous - Public Addresses – Council and Committee Meetings of the following sub-clause to Clause 68 (Local Policy) (1) (b) which deals with the Agenda and Business Papers for Council Meetings, details as follows:

 

(b)   members of the public wishing to address the Council or a committee are to nominate no later than 11.00 am on the day of the meeting and advise the issue to be addressed.

 

 

OPTIONS:

 

1    Agree with the proposed amendment.

2    Propose an alternative cut off time.

3    The status quo remains.

 

DISCUSSION:

 

The current wording in Council’s Policy – Code of Meeting Practice (Our Ref: TRIM 3970/2016) makes specific provision under Part 6 – Miscellaneous - Public Addresses – Council and Committee Meetings of the following sub-clause to Clause 68 (Local Policy) (1) (b) for any member of the public wishing to address the Council or a committee, details as follows:

 

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

 

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

 

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

 

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

 

The Executive Assistants (Business Services Unit), in consultation with the General Manager, Assistant General Manager Corporate Services and Assistant General Manager Engineering Services, have reviewed the cut off time for notification by residents who wish to speak on an Agenda Item or address Council through the Public Forum at Council meetings and recommend the cut off time be brought forward to at least 11.00 am on the day of the Council or committee meeting.

 

The current 2.00 pm cut off time on the afternoon of the meeting does not allow sufficient time for Councillors and staff to prepare an informed response should it be necessary.  Further, it negates efficient use of staff time for preparation of draft minutes, especially when Council has an ‘AWAY’ meeting, as the departure time from Council’s Administration is often around 3.00 pm if inspections are scheduled.

 

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

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The risks are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Besides the cost of the advertisement there are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels or resourcing.

Attachments:

1

41856/2017 - DRAFT Code of Meeting Practice

 

  


Ordinary Council Meeting - 18 January 2018

Code of Meeting Practice - Timing for members of the public to address Council Meetings

 

 

 

 

 

 

 

Nambucca Shire Council

 

 

 

 

 

DRAFT CODE OF MEETING PRACTICE

 

 

 

 

 

 

 

 

Description: nambucca valley nsc

 

 

 

 

 

 

 

 

 

Author: Michael Coulter, General Manager

Adopted by Council 7 June 2007

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

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

          Amendment 4 October 2007 (7.7)

          Amendment 6 September 2007 (7.6)

          Amendment 19 November 2009 Council meeting

          Amendment 18 October 2013 Council meeting

          Amendment 24 April 2014 Council meeting

          Amendment 17 August 2017 Council meeting


 

Contents

PART 1 – PRELIMINARY.. 4

Citation. 4

Last Amendment 4

Definitions. 4

Notes in the text 4

 

PART 2 – CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS.. 5

Frequency of Council Meetings. 5

Calling of Extraordinary Meeting on request by Councillors. 5

Notice of Meetings. 5

Public Notice of Meetings. 5

Quorum for a Meeting. 5

Absence of a Quorum.. 6

Presence at Council Meetings. 6

 

PART 3 – PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS.. 7

Mayor to preside at Council meetings. 7

Councillor to be elected to preside at certain Meetings. 7

Chairperson to have precedence. 7

Chairperson’s duty with respect to Motions. 7

Order of Business. 8

Agenda and Business Papers for Council Meetings. 8

Giving Notice of Business. 9

Notices of Motion – Minimum Notice Required. 9

Confidentiality. 10

Agenda Paper for Extraordinary Meetings. 10

Mayoral Minutes. 11

Report of a Department of Local Government Representative to be tabled at Council Meeting. 11

Notice of Motion – Absence of Mover. 11

Motion to be seconded. 11

How subsequent amendments may be moved. 11

Motion of Dissent 11

Questions may be put to Councillors and Council employees. 12

Limitation as to number of speeches. 12

Voting entitlements of Councillors. 12

Voting at Council Meetings. 13

What Constitutes a Decision of the Council 13

Rescinding or altering resolutions. 13

Certain Circumstances do not invalidate Council Decisions. 14

Representations by Members of the Public – closure of part of Meeting. 14

Resolutions Passed at Closed Meeting to be made Public. 14

Matters to be included in Minutes of Council Meetings. 14

 

PART 4 – KEEPING ORDER AT MEETINGS.. 15

Questions of Order. 15

Acts of Disorder. 15

How disorder at a meeting may be dealt with. 15

Power to remove persons from a meeting after expulsion. 16

 

PART 5 – COUNCIL COMMITTEES.. 17

Committee of Council 17

Who is entitled to attend Meetings?. 17

Which parts of a meeting can be closed to the Public?. 17

Further limitations relating to closure of parts of meeting to public. 18

Notice of likelihood of closure not required in urgent cases. 19

Grounds for closing part of meeting to be specified. 19

Committee of the Whole. 19

Council may appoint Committees. 19

Functions of Committees. 20

Committees consisting of full Council 20

Notice of committee meetings to be given. 20

Non-Members entitled to attend Committee Meetings. 20

Representations by members of the public – Closure of part of the Meeting. 20

Procedure in Committee. 21

Committees to keep minutes. 21

Chairperson and Deputy Chairperson of Committees. 21

Absence from Committee Meetings. 22

Reports of Committees. 22

Disorder in Committee Meetings. 22

Certain persons may be expelled from Council Committee meetings. 22

 

PART 6 – MISCELLANEOUS.. 23

Disclosure and Presence in Meetings. 23

Disclosure and misuse of information prescribed circumstances. 23

Minutes. 23

Attendance of General Manager at meetings. 24

Inspection of the Minutes of Council or Committee meeting. 24

Tape recording of meeting of Council or Committee. 24

Public Addresses – Council and Committee Meetings. 24

Questions with Notice. 25

Use of Mobile Phones ........................................................................................................................................................... 25

Council Seal 25

 

 


 

PART 1 – PRELIMINARY

 

Citation

 

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

 

Last Amendment

 

2        This code was last amended by Council on 17 August 2017.

 

Definitions

 

3        In this code:

 

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

 

          Chairperson:

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

 

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

 

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

 

Councillor: is an elected member of the Council;

 

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

 

the Act: means the Local Government Act 1993.

 

Notes in the text

 

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


 

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

 

Frequency of Council Meetings

 

5        The Council will meet twice per month commencing at 5.30 pm on the last Thursday of the month and 5.30 pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting.

 

Calling of Extraordinary Meeting on request by Councillors

 

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

 

Notice of Meetings

 

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

 

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

 

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

 

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

 

(5)      The business paper is to be posted on Council’s web site on the Friday afternoon preceding the Council meeting. (Local Policy)

 

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

 

Public Notice of Meetings

 

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

 

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

 

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

 

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

 

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

 

Quorum for a Meeting

 

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

 


Absence of a Quorum

 

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

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

(b)     at any time during the meeting.

 

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

(a)      by the Chairperson, or

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

(c)      failing that, by the General Manager.

 

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

 

Presence at Council Meetings

 

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

 


 

PART 3 – PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

 

Mayor to preside at Council meetings

 

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

 

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

 

Councillor to be elected to preside at certain Meetings

 

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

 

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

 

(2)      The election must be conducted:

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

 

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

 

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

 

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

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

 

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

 

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

 

Chairperson to have precedence

 

14      When the Chairperson rises during a meeting of the Council:

 

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

 

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

 

Chairperson’s duty with respect to Motions

 

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

 

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

 

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

 


Order of Business

 

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

 

                   Acknowledgement of Country is to be provided as follows:

 

                   “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.”

                       

                      1     Apologies

                      2     Prayer

                      3     Disclosure of Interest

                      4     Confirmation of Minutes

                      5     Mayoral Minute

                      6     Rescission Motions

                      7     Notices of Motion

                      8     Public Forum

                      9     Public Addresses on Matters listed in the Business Paper

                    10     Consideration of Officer’s Reports

                    11     Matters of an Urgent Nature

                    12     Motion to Close the Meeting for Confidential Items

                    13     Consideration of Public Representations

                    14     Consideration of Officer’s Reports

                    15     Motion to resume Ordinary Meeting

                    16     Adoption of Decisions in Relation to Items discussed in Closed Meeting

                    17     Requests for Leave of Absence

                    18     Close of Ordinary Meeting

 

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

 

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

 

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

 

Agenda and Business Papers for Council Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(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).

 

(8)      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.

 

Giving Notice of Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Such a motion can be moved without notice.

 

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

 

Notices of Motion – Minimum Notice Required

 

19      (Local Policy)

 

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

 

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

 

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

 

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

 

Confidentiality

 

20      Local Policy

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·        Once back in the open meeting the Chairperson make the resolution (if there is one) public as soon as practicable.

 

·        The minutes should record accurately the foregoing.

 

Agenda Paper for Extraordinary Meetings

 

21      (1)      The General Manager must ensure that the agenda for an extraordinary meeting of Council

                   deals only with the matters stated in the notice of the meeting.

 

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

 

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

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

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

 

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

 


Mayoral Minutes

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Notice of Motion – Absence of Mover

 

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

 

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

 

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

 

Motion to be seconded

 

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

 

How subsequent amendments may be moved

 

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

 

Motion of Dissent

 

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

 

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

 

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

 


Questions may be put to Councillors and Council employees

 

28      (1)      A Councillor:

 

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

 

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

 

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

 

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

 

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

 

Limitation as to number of speeches

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

Voting entitlements of Councillors

 

30      (370 Local Government Act)

 

(1)      Each Councillor is entitled to one vote.

 

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

 

Voting at Council Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

What Constitutes a Decision of the Council

 

32      (371 Local Government Act)

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

 

Rescinding or altering resolutions

 

33      (372 Local Government Act)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Certain Circumstances do not invalidate Council Decisions

 

34      (374 Local Government Act)