NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

11 October 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

 

 

 


 

WORKSHOP

 

3.00PM     Growing Local Economies – Valla Employment Lands

4.00PM     LEP and DCP Amendment

 

 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 11 October 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 - 27 September 2018............................................................................. 7

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Mayor Rhonda Hoban - Request for Leave of Absence 24-26 October 2018..................................................................................................................................... 17

5.2     NOTICE OF MOTION - Information Session for S.355 Committees of Managment.............. 18

5.3     NOTICE OF MOTION - Cr Anne Smyth - Request for Leave of Absence from Monday 29 October to Wednesday 28 November 2018....................................................................................... 19  

6        PUBLIC FORUM

 

Liz Campbell and Dominic King on behalf of Public Forum - Chair of the MNCJO

Public Forum

Glen Heaton on behalf of Nambucca Valley Tourism Association and the Information Centre

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Mid North Coast Joint Organisation................................................................................. 20

9.2     Outstanding Actions and Reports.................................................................................... 26

9.3     Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves............................................................................................................. 33

9.4     Election Funding Requests............................................................................................. 58

9.5     Stuart Island - Renewal of Lease to Nambucca Heads Island Golf Club............................. 60

9.6     Report to Joint Regional Planning Panel - First Stage Subdivision - Valla Growth Area....... 62

9.7     Changes to the Organisation Structure............................................................................. 87

9.8     Delegations For General Manager.................................................................................... 90

9.9     Election of Deputy Mayor............................................................................................... 99

9.10   Council Advisory Committees........................................................................................ 104

9.11   Committees of Management Facilities and Events.......................................................... 108

9.12   LEP and DCP Amendment............................................................................................ 110

9.13   Ecohealth Monitoring Study and Report - Outcomes....................................................... 350

9.14   Undetermined Development Applications either greater than 12 months or where submissions received to 3 October 2018......................................................................................................... 353

9.15   2018 September - Approved Construction and Complying Development Certificates........ 354

9.16   2018 September - Development Applictions and Complying Development Applications Received.................................................................................................................................... 358

9.17   Request for Donation - Bowraville Central School - BroSpeak Program........................... 362

10      Assistant General Manager Corporate Services Report

10.1   Governance and Governance Assurance Frameworks..................................................... 367

10.2   Payment of Expenses and Provision of Facilities to Councillors..................................... 411

10.3   Minutes of the Audit, Risk and Improvement Committee................................................. 426

10.4   Draft Financial Statements 2017/2018............................................................................ 444

10.5   Investment Report to 30 September 2018....................................................................... 450

10.6   Schedule of Council Public Meetings 2018..................................................................... 456

11      Assistant General Manager Engineering Services Report

11.1   Solar project proposal - solar power purchase agreement............................................... 457

11.2   Nambucca District Water Supply River Monitoring Committee Meeting Minutes - 19 September 2018.................................................................................................................................... 486    

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

12.1   Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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

 

12.2   Growing Local Economies Program - Valla Employment Land

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

 

12.3   Waste Contract Update

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

 

12.4   Container Deposit Scheme Update

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

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 27 September 2018

The following document is the minutes of the Ordinary Council meeting held 27 September 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 11 October 2018 and therefore subject to change.  Please refer to the minutes of 11 October 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Robert Hunt (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

PRAYER

 

Lieutenant Matthew Pethybridge - Corps Leader for the Nambucca River Church, The Salvation Army on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor Janine Reed declared a pecuniary interest in Item 9.8 Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves under the Local Government Act as Cr Reed is the elected Chairman of Nambucca Valley Care Group who are the neighbours referred to in one of the identified parcels of Crown Land and who have previously expressed interest in the future of this property. Cr Reed left the meeting for this item.

 

Councillor Anne Smyth declared a non-pecuniary - significant conflict of interest in Item 11.4 Annual/Biennial Contracts – 1 October 2018 – 30 September 2019/2020 under the Local Government Act as one of the contractors is her next-door neighbour.  Cr Smyth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 September 2018

431/18 RESOLVED:        (Wilson/Smyth)

 

That the minutes of the Ordinary Council Meeting of 13 September 2018 be confirmed.

 

 

 

 

 

 

 

 

NOTICE OF MOTION - CR Reed

ITEM 5.1      SF2433              270918      NOTICE OF MOTION - Leave of Absence - Cr Janine Reed - 26 October to 6 November 2018 inclusive

432/18 RESOLVED:        (Reed/Ainsworth)

 

That Cr Janine Reed be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 26 October to 6 November 2018 inclusive.

 

 

 

   

 

PUBLIC FORUM

RECOMMENDATION

 

That the following delegations be heard:

 

          South Arm Hall Committee of Management

          i         Anama Tesser

 

          Blueberry Farming

 

          ii        Alan Morton

 

Ms Tesser addressed Council making the following comments:

 

·                Welcoming the Council and members of the South Arm Hall Committee to the meeting

·                Wonderful to have some new committee members

·                The committee hold regular functions eg Christmas, Easter, Australia Day and approximately 40-50 community members attend

·                President Brett is doing a great job maintaining the grounds

·                Committee keeping head above water

·                Thinking of new ideas for functions at the hall

·                Long term plan – open side and have a deck to make more user friendly for various functions

·                There are members for and against lining the internal

·                Would like to insulate the roof with versiclad

·                Hall built 1927

·                Working on obtaining grants

·                Thanks to Council for the $500

·                Would like to paint the building

·                Thanks to Council for the best road grading in years

·                Would like a bitumen road

·                Would like a couple of boscar bins

·                Some stealing has occurred at the Fire Shed

·                Thanks to Council for the soil

·                Placed a grant to upgrade the kitchen

 

 

Mr Morton addressed Council on the concerns of Blueberry Horticulture at 94 Smith’s Lane, Congarrini North with notes being placed on File.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

Mayor Rhonda Hoban:

 

Have the Coffs Coast Waste collection and MRF contracts for which a tender was accepted in April 2017 been signed?

 

If they haven’t been signed, when is this expected to occur and what are the reasons for the delay?

 

Response:  The questions will be put to Coffs Harbour City Council.

 

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                270918      Outstanding Actions

433/18 Resolved:        (Finlayson/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.2      SF46                  270918      Draft Cemetery Policy

434/18 RESOLVED:        (Finlayson/Reed)

 

1        That Council publicly exhibit the draft ‘Cemetery Policy’ contained within attachment 1 for 28 days and the three Local Aboriginal Land Council’s be directly notified of the draft policy and invited to make comment.

 

2        There be a report to Council once the public exhibition of the draft policy is concluded to determine if Council will proceed with its adoption and provide an amendment to the Fees and Charges which differentiates between perpetual and renewable interment rights.

 

 

 

 


 

ITEM 9.3      SF2460              270918      LEP and DCP Amendment

435/18 RESOLVED:        (Finlayson/Reed)

 

That Council defer the LEP and DCP Amendment report to a workshop on the same day as the Valla Growth area workshop prior to the next Council meeting.

 

Upon being put to the meeting, the motion was declared carried.

 

For the Motion:                      Councillors Ainsworth, Finlayson, Hoban, Reed, Smyth and Wilson

                                             Total (6)

Against the Motion:                Councillors Ballangarry, Jenvey and Jones

                                             Total (3)

 

 

 

 

 

ITEM 9.4      SF2423              270918      Undetermined Development Applications either greater than 12 months or where submissions received to 20 September 2018

436/18 RESOLVED:        (Ainsworth/Finlayson)

That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions received to 20 September 2018 be noted by Council.

 

 

 

 

ITEM 9.5      SF1496              270918      Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 13 June 2018

Motion:      (Ainsworth/Finlayson)

 

1        That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 13 June 2018.

 

2        That Cr John Wilson be included as a formal representative on the Nambucca Rivers, Creeks Estuaries and Coastline Management Committee.

 

Amendment:       (Jenvey/Smyth)

 

1        That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 13 June 2018.

 

2        That all Councillors be included as formal representatives on the Nambucca Rivers, Creeks Estuaries and Coastline Management Committee.

 

The amendment was carried and became the motion.

 

437/18 Resolved:        (Jenvey/Smyth)

 

1        That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 13 June 2018.

 

2        That all Councillors be included as formal representatives on the Nambucca Rivers, Creeks Estuaries and Coastline Management Committee.

 

 

ITEM 9.6      SF2422              270918      Minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018

438/18 RESOLVED:        (Smyth/Wilson)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018.

 

 

 

 

 

ITEM 9.7      SF868                270918      Precious Memories - proposed reprint

439/18 RESOLVED:        (Reed/Wilson)

 

1        That Council make an allocation of $10,000 from 2018-2019 working funds to underwrite a reprint of Precious Memories.

 

2        That Council offer the publication at cost, to museums to on-sell as a fund raising initiative.

 

3        That Council’s Fees and Charges note the retail price of Precious Memories as $25.

 

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 7.03 pm

 

ITEM 9.8      SF2280              270918      Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

440/18 RESOLVED:        (Jones/Smyth)

 

That Council defer the Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves report and that an inspection be arranged.

 

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 7.06 pm

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1221              270918      Fraud Management and Prevention Strategy and Policy

441/18 RESOLVED:        (Ainsworth/Finlayson)

 

That the Fraud Management and Prevention Strategy and Policy be adopted.

 

 

 

 

 

 

ITEM 10.2    SF690                270918      Rate Peg for 2019/20

442/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the Report be received and noted.

 

 

 

 

 

ITEM 10.3    SF1031              270918      Legislative Compliance Policy

443/18 RESOLVED:        (Wilson/Reed)

 

That Council adopt the attached Legislative Compliance Policy.

 

 

 

 

 

ITEM 10.4    SF65                  270918      Future Implementation of New Accounting Standards

444/18 RESOLVED:        (Ainsworth/Reed)

 

That the information pertaining to the new accounting standards be noted.

 

 

 

 

ITEM 10.5    SF265                270918      Review of Accounting Policies

445/18 RESOLVED:        (Finlayson/Wilson)

 

That:

 

a)     The various policies as attached to this Report be adopted, subject to confirmation by the Audit, Risk and Improvement Committee.

 

b)   Those policies shown as “Deleted” in the table within the Report, be removed from the Policy Register.

 

 

 

 

 

ITEM 10.6    SF2362              270918      Year End Financial Working Result - 30 June 2018 - Budget Review

446/18 RESOLVED:        (Finlayson/Wilson)

 

That the list of revotes be approved and included as sub votes for 2018/19.

 

 

 

 

 

ITEM 10.7    SF2493              270918      Investment Report to 31 August 2018

447/18 RESOLVED:        (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 August 2018 be noted.

 

 

 

 

 

ITEM 10.8    SF334                270918      South Arm Hall Committee of Management - Annual General Meeting - 2 September 2018

448/18 RESOLVED:        (Reed/Finlayson)

 

That Council endorse the minutes of the South Arm Hall Committee of Management Annual General Meeting held on 2 September 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

ITEM 10.9    SF344                270918      Warrell Creek Hall Committee of Management - Annual General Meeting - 5 September 2018

449/18 RESOLVED:        (Reed/Ainsworth)

 

That Council endorse the minutes of the Warrell Creek Hall Committee of Management Annual General Meeting held on 5 September 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

ITEM 10.10   SF298                270918      Argents Hill Hall Committee of Management - Annual General Meeting - 10 September 2018

450/18 RESOLVED:        (Ainsworth/Reed)

 

That Council endorse the minutes of the Argents Hill Hall Committee of Management Annual General Meeting held on 10 September 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

ITEM 10.11   SF251                270918      Schedule of Council Public Meetings 2018

451/18 RESOLVED:        (Wilson/Ballangarry)

 

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

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676              270918      2018-19 Capital Works Program Monthly Report

452/18 RESOLVED:        (Finlayson/Reed)

 

That Council receive and note the information pertaining to the progress of the 2018/2019 Capital Works Program for August 2018.

 

 

 

 

 

ITEM 11.2    SF84                  270918      2018-19 Allocation for NSW Rural Fire Fighting Fund

453/18 RESOLVED:        (Finlayson/Wilson)

 

That Council receive the information contained in the NSW Rural Fire Service 2018/2019 budget.

 

 

 

 

 

ITEM 11.3    SF2459              270918      Lanes Bridge Bowraville - Progress report No1

454/18 RESOLVED:        (Ballangarry/Wilson)

 

That Council receive and note the progress report on the replacement of Lanes Bridge.

 

 

 

 

Councillor Anne Smyth left the meeting before the commencement of this item, the time being 7.31 PM

 

ITEM 11.4    SF707                270918      Annual/Biennial Contracts - 1 October 2018 - 30 September 2019/2020

455/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the following list of services and contractors that have been accepted for general works for the period commencing 1 October 2018 to 30 September 2020 under Delegated Authority:

         

FILE REF

DESCRIPTION

CONTRACTOR

Q007/2018

Columbarium & Plaque Services

TM & L Johnson

Q008/2018

Builder/Carpenter (Panel)

Beyond Expectations

J O’Brien

TM & L Johnson

True Carpentry

Q009/2018

Electrician (Panel)

Don’t’ Get Fried Electrical

Gary Welsh Electrical

Reg Latter Electrical T/As Pacific Powerlines

Trisleys Electrical

Q010/2018

Painter (Panel)

One Plus Two Painting & Decorating

Q011/2018

Plumber (Panel)

Rilake Pty Ltd T/As Morgo’s Plumbing

Brenton Dyer Plumbing

Ryan Plumbing and Water

Hightide Plumbing

Q012/218

Security Services

Strudwick Security Pty Ltd

Q013/2018

Essential Fire Safety Services

Essential Safety Protection Pty Ltd

Q014/2018

Cleaning of Council Buildings

Advanced Cleaning

Q015/2018

Cleaning of Public Amenities

Under evaluation and subject to a future report

Q016/2018

Maintenance of Air Conditioning Systems

RCR Haden Pty Ltd

Q017/2018

Pest Control

Complete Pest Control

 

2        That Council note the following contractors that have been accepted for general works for the period commencing 1 October 2018 to 30 September 2019 under Delegated Authority:

 

Q018/2018

Tree Pruning, Lopping and Chipping (Panel)

Valley Tree Services

Langham’s Tree Services

Marenaire Pty Ltd / Tree Services

Ben Groen Tree Service Pty Ltd

 

 

Councillor Anne Smyth returned to the meeting at the completion of this item, the time being 7.32 PM

 

 

 

ITEM 11.5    T023/2018           270918      T023/2018 Tender for provision of Crane Services for Construction of Lanes Bridge, Bowraville

456/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council appoint Borger Crane Hire and Rigging Services as the contractor for Tender T023/2018 – Provision of Crane Services for Construction of Lanes Bridge, Bowraville; note the Closed Report; and update the Contract Register (TRIM 31325/2016).

 

Upon being put to the meeting, the motion was declared carried.

 

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

                                             Total (9)

Against the Motion:                Nil

Total (0)

 

 

 

 

 

 

 

 

 

 

 

 

ITEM 11.6    T024/2018           270918      T024/2018 Tender for provision of precast Components for Construction of Lanes Bridge, Bowraville

457/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council appoint Australian Precast Solutions as the contractor for Tender T024/2018 – Provision of Precast Components for Construction of Lanes Bridge, Bowraville; note the Closed Report; and update the Contract Register (TRIM 31325/2016).

 

Upon being put to the meeting, the motion was declared carried.

 

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

                                             Total (9)

Against the Motion:                Nil

Total (0)

 

 

 

     

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.38 pm.

 

Confirmed and signed by the Mayor on 11 October 2018.

 

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                               11 October 2018

Notice of Motion

ITEM 5.1      SF2433            111018         NOTICE OF MOTION - Mayor Rhonda Hoban - Request for Leave of Absence 24-26 October 2018

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

I request leave of absence, for personal reasons, for the period 24 to 26 October 2018 inclusive.

 

 

Recommendation:

 

That Cr Hoban be granted leave from the 24 October 2018 to the 26 October 2018 inclusive to attend a family member’s graduation ceremony.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

Notice of Motion

ITEM 5.2      SF2433            111018         NOTICE OF MOTION - Information Session for S.355 Committees of Managment

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

Council's Guide to Operations and Delegations of Authority for our s.355 Committees of Management has recently been updated.  The Guide provides comprehensive guidelines on the management responsibilities, functions and operation of a community based Committee of Management and clarifies Council's role in this partnership.  As Council recognises and appreciates the integral role that volunteers and community groups play in providing and managing Council facilities and services, it would be timely to hold an information session/workshop for our volunteers.

 

 

Recommendation:

 

That an information session/workshop, similar to those held in the past, be provided by staff for Council's s.355 Committees of Management, to provide advice and assistance with understanding the Guide to Operations and Delegations of Authority, at a time suitable for staff and volunteers.

 

 

CONSULTATION:

 

Mayor

General Manager

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

Notice of Motion

ITEM 5.3      SF2433            111018         NOTICE OF MOTION - Cr Anne Smyth - Request for Leave of Absence from Monday 29 October to Wednesday 28 November 2018

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave of absence, for personal reasons, for the period Monday 29 October to Wednesday 28 November 2018 inclusive.

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Monday 29 October to Wednesday 28 November 2018 inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.1      SF2248            111018         Mid North Coast Joint Organisation

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the Mid North Coast Joint Organisation be advised that Council is maintaining its established position of not participating in a joint organisation which does not include the Coffs Harbour local government area for the reason that the Nambucca Valley should not be estranged from its regional centre and community of interest.

 

 

OPTIONS:

 

The Council has the option of joining the Mid North Coast Joint Organisation.  This is the outcome sought by the Board in the attached correspondence.

 

DISCUSSION:

 

Council’s Mayor has received the attached letter from Mayor Liz Campbell, the Chair of the Mid North Coast Joint Organisation (MNCJO).

 

The MNCJO Board resolved at its August Board meeting as follows:

 

RESOLVED:  Pinson/King

 

That the Board:

 

1)   Invite Coffs Harbour City Council, Clarence Valley Council and Nambucca Shire Council to join the Mid North Coast Joint Organisation of Councils.

 

2)   Write to the Deputy Premier, the Hon. John Barilaro MP and the Minister for Local Government the Hon. Gabrielle Upton MP informing the Ministers of the MNCJO Board’s resolution to invite these councils to join the MNCJO.

 

The letter advises that, “the Board of the MNCJO is actively seeking to ensure that all of the councils within our region are advantaged by the opportunities provided from the establishment of Joint Organisations.  The Board would appreciate this correspondence being tabled for the formal consideration of your council and a formal response.”

 

Mayor Liz Campbell has been invited to address this Council meeting.

 

To recap Council’s decisions in relation to the MNCJO It will be recalled that at Council’s meeting on 18 January 2018 it was resolved to participate in the establishment of a joint organisation (JO) comprising any one or more of the MIDROC councils being Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Kempsey Shire Council and Port Macquarie-Hastings Council.

 

Subsequently in late March 2018 both Clarence Valley Council and Coffs Harbour City Council resolved to seek approval for a joint organisation for the northern MIDROC councils only being Clarence Valley, Coffs Harbour, Bellingen and Nambucca councils (excluding Kempsey and Port Macquarie-Hastings Councils).  Clarence Valley also nominated Richmond Valley Council.

 

The Council considered the decisions of Clarence Valley Council and Coffs Harbour City Council at its meeting on 12 April 2018 and resolved to inform the Minister for Local Government that for the reason of ensuring the alignment of community interest, it did not support the Nambucca local government area being included in a joint organisation which did not include the Coffs Harbour local government area.

 

On 11 May 2018 the Mid North Coast Joint Organisation was established comprising Bellingen, Kempsey and Port Macquarie-Hastings Councils.

 

Subsequently, this Council along with Clarence Valley and Coffs Harbour Councils have made representations to our respective local State members and to the Deputy Premier, the Hon John Barilaro, seeking an explanation for policy position that the Government, “will not be proclaiming any additional joint organisations in regional NSW”.  This policy position is inconsistent with another Government policy which states a requirement for a minimum of three (3) councils to comprise a JO.  It is also inconsistent with the legislation which established JO’s which provides that two (2) or more council areas can comprise a JO.

 

The apparent concern of Clarence Valley and Coffs Harbour councils is that a JO which stretches from Yamba in the north to the Camden Haven in the south is not a manageable geographic area; does not reflect regional or sub-regional communities of interest; contains competing regional centres (Port Macquarie and Coffs Harbour); and does not reflect the Independent Local Government Review Panel’s vision.

 

Regional planning and advocacy are core functions of a JO.  It has not been explained how a JO which contains two major regional centres can realistically put aside their parochial interests in undertaking regional planning and advocacy which may be perceived as “favouring” one centre over the other.  Where there is finite funding it is inevitable there will be disagreement if regional level services or additional funding is directed to one major regional centre over the other.

 

The alternative perspective is put in the attached letter from Mayor Liz Campbell.  The letter notes that:

 

“Key priorities that have been identified for consideration in this process (priority setting) have considered what is understood to be the imperatives of the broader (former MIDROC) region including infrastructure renewal, renewable energy, community resilience, our ageing population, workforce profile and skills, biodiversity offsetting and opportunities around carbon, contaminated land and koala recovery.

 

This approach is reflective of the broader Board discussions focussing on success for our region as well as custodianship and the greater good in the context of the long established constructive and collegiate relationships of the member councils of MIDROC and within that imperatives common to those councils.

 

Discussions have also focussed on the long term sustainability of any JO and economies of scale and scope as well as the opportunities that this brings to our councils but more importantly to our communities.”

 

Putting aside the question as to whether any JO, based on their legislated role, will be financially sustainable, it is not agreed that the operation of a JO will need the support of at least five or six councils.  There is no reason why the administration of a JO cannot be scalable depending upon the number of Councils involved and more importantly the functions the JO undertakes.

 

The Council’s established position of not participating in a JO which does not include the Coffs Harbour local government area remains the preferred position for the reason that the Nambucca Valley should not be estranged from its regional centre and community of interest.

 

Council has now been advised of the position of the Clarence Valley Council which is attached

 

CONSULTATION:

 

In relation to the establishment of the JO there has been a number of reports to Council; representations to the Deputy Premier; to the Minister for Local Government; to the respective local members as well  as discussions with other Mid North Coast Councils.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage it is difficult to discern any environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are risks with either joining or not joining JO’s.

 

As alluded to in the attached letter the major risk with joining is the financial impact on the participating councils in their on-going funding.  The State Government has provided seed funding of $300,000 for their establishment but this will be quickly exhausted leaving the participating councils to fund their on-going operations.  When participating councils are either not financially sustainable or marginal they can ill afford the burden of an additional bureaucracy, even a paired down one.

 

The major risk in not joining is that the State Government’s bureaucracy would prefer dealing with 13 JO’s to 128 individual councils.  Notwithstanding the fact that a Council’s membership of a JO is voluntary and should have no bearing on its relationship to the State Government and its agencies, it is foreseeable that for efficiency reasons State agencies will be tempted to funnel programs through JO’s.

 

There is also a risk in relation to the good performance or otherwise of the JO.  If a JO performs poorly then inevitably it will be made accountable for that performance which in turn could lead to other structural change or at the least additional costs in winding it up.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The resourcing implications of a JO are discussed in the report.

 

Attachments:

1

33548/2018 - MNCJO letter

 

2

35971/2018 - Clarence Valley Council position

 

  


Ordinary Council Meeting - 11 October 2018

Mid North Coast Joint Organisation

 

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Ordinary Council Meeting - 11 October 2018

Mid North Coast Joint Organisation

 

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Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.2      SF959              111018         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

AUGUST 2015

1

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.

 

22/3/17 - AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

8/8/18 – It is proposed to report to next Council meeting on a compulsory acquisition of land given that there has been adverse response from Forestry NSW.

 

19/8/18 - Report on a compulsory acquisition to Council’s meeting 11 October 2018

 

3/10/18 - Deferred to report in November 2018.

 


 



OCTOBER 2015

2

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.

 

10/1/18 – Will be reported to Council in February.

 

31/1/18 – Pending negotiations with the RMS on the highway handover.

 

4/4/18 – Comments provided to rms on a review of traffic light phasing and also permitting left turns on red.

 

19/8/18 – GM to contact John Alexander from RMS in relation to the delay.

 

20/9/18 – A workshop is to be organised with Council and the RMS to determine an acceptable option.

JANUARY 2017

3

SF2208

12/1/17

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

15/5/17 – 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.

 

01/6/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

11/1/18 – 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

4

SF2230

16/03/17

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

 

AGMCS

18/3/17 – Report late 2017

 

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

 

5/4/18 – GM has followed up unacceptable delays in the review of the IWCM.

 

09/05/18 Issues paper received and workshop to be organised.

 

6/6/18 – Public Works have provided a timetable for the completion of the IWCM being:

·    Final Issues Paper – 30/4/18

·    Complete VGA water & sewer analysis 4/5/18

·    Complete Macksville sewer model & issue draft report 4/5/18

·    Issue draft scenario analysis 25/5/18

·    Council review scenario analysis 31/5/18

·    Complete financial  planning 29/6/18

·    Prepare draft IWCM Strategy 13/7/18

 

18/7/18 – An IWCM strategy Workshop is scheduled for 16 August 2018 11.00am – 3.00pm.

 

23/8/18 – IWCM strategy Workshop conducted 16 August 2018. Public Works are now correlating a revised report based on the comments emanating from the workshop.

 

3/10/18 – Public Works are completing a Scenario analysis for Council to adopt a recommend IWCM Scenario including 30 year capital works program.  From this development servicing plans will be documented to determine revised developer charges.

MAY 2017

5

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

31/5/17 – Report in October 2017

 

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

 

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

 

SEPTEMBER 2017

6

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 to Casey Drive 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.

 

24/5/18 - GM followed up

 

8/8/18 – An officer from the Valuer General telephoned the gm and advised that they are going to review the base rate valuation.

OCTOBER 2017

7

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.

 

4/4/18 – Report to May 2018 meeting.

 

23/5/18 - Draft Review in June 2018

 

8/8/18 – Temporarily delayed and will be provided at the end of August pending a review of the flow chart that sits behind the policy and confirmation on the process required to obtain the Aboriginal translation and compliance with the Geographical Names Board.

 

22/08/18 – Delayed until September 2018 due to other work commitments.

 

3/10/18 – Delayed until November 2018.


 

JANUARY 2018

8

SF979

18/1/18

(Great Koala National Park) That if and when further information relating to the KPMG report, State Labor Policy or a transition package come forward, they be reported to Council.

 

GM

Awaiting further information.

 

18/7/18 – The matter was considered by the Valla Beach Community Association at their meeting on 16 July 2018 it was resolved to advise Council that the VBCA supports the GKNP in principle, and that the VBCA make available to Council further information re the practicalities involved, when to hand, from the National Parks Association of NSW, who originally proposed the GKNP.

 

5/9/18 – there is a report to Council’s meeting on 13/9/18 in relation to a Government announcement on additional conservation areas.

APRIL 2018

9

PRF45

12/4/18

That Council investigate the possibility of overnight stays on the downstream of the Macksville Bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

GM

18/04/18 - Report being prepared for September 2018 meeting.

 

19/8/18 – Report to October meeting.

 

10

SF2456

12/4/18

Submission to Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure (water treatment plant).

AGMES

18/4/18 - Submission to be drafted for funding.

 

9/5/18 – A submission has been lodged for funding and an Options Report which is expected to be considered by DPI-Water in May 2018.

11

T012/2017

12/4/18

That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution of the project (for Bowraville STP effluent treatment)

AGMES

18/4/18 Letter sent 20/04/18.

 

09/05/18 – General Manager has spoken to Melinda Pavey’s office and is assisting them with their representations.

 

4/9/18 – request added to media release to be issued by local member

 

12

SF2303

12/4/18

That a further report to Council on actions arising out of the Review of the Capacity of the Finance Section report, “An Internal Review of the Capacity of the Finance Section to meet operational requirements.

AGMCS

18/4/18 - Awaiting appointment of new AGMCS.

 

2/8/18 AGMCS currently assessing the Report and consulting finance staff members.

 

19/8/18 – Report to November meeting.


 

MAY 2018

13

SF2459

17/5/18

Outcome of negotiations re raising dwellings at 8 & 14 High Street, Bowraville or otherwise getting agreement be reported back to Council as soon as possible.

 

AGMES

23/5/18 - Report to Council in September 2018.

 

19/8/18 – Staff has met on site with residents of No 14 High Street No 32 High Street.  Discussions with the owners of both dwellings has confirmed the results of GHD’s modelling.  The residents indicated the historical height of previous flood waters and for this reason, it was concluded that these dwellings did not require lifting.  A formal letter has been sent to the property owners advising that there is no further action being taken by Council.

 

The owner of No 8 High Street Bowraville has been contacted, and will be meeting with Council Staff on site in early October as they are presently away from the Shire.  A further report will be provided to Council.

14

SF2460

17/4/18

Council defer any decision on regulating horticulture in RU1 and RU2 until the outcome of a similar proposal put forward by Bellingen Council is determined by the Minister.

 

GM

20/5/18 – will track progress of Bellingen’s Planning Proposal and report on any developments.

 

3/10/18 – Advice has now been received that Bellingen’s planning proposal has been refused i.e., Council is unable to specifically regulate blueberry growing.  Matter to be discussed at a workshop on 11 October 2018.

JUNE 2018

15

SF2468

28/6/18

Council advertise a Draft Plan of Management for Lot 2 DP 101698 McKay Street Macksville.

 

GM

30/6/18 – report in October 2018.

 

3/10/18 – Advice being sought from Auditor General in relation to the proposed lease and whether or not it is the Surf Club or Council who “control” the building.

JULY 2018

16

SF46

12/7/18

Council defer consideration of a memorial wall until a further report is received which considers in detail the plans submitted by Rupert Milne Holme including indicative costings and potential sources of funding.

Further that there be consultation with LALCs and Native Title claimants.

GM

15/7/18 – report in September 2018

 

6/09/18 – matter discussed with MDE – consultation with LALCs and Native Title claimants to be undertaken.  Report now scheduled for November 2018.

17

SF2422

26/07/18

Council staff advise whether the steps/tiered seating at Macksville foreshore are steps or seating and whether they comply with current standards given they are uneven and vary in width.

AGMES

8/8/18 – Under investigation to be reported in September 2018.

 

3/10/18 – To be reported in November 2018.


 

AUGUST 2018

18

SF2433

16/08/18

Council review the appointment of an Acting GM in six months.

GM

Report in February 2019

19

SF2433

16/08/18

Council refer the draft Delegations Policy and Instrument of Delegation to the GM to the Audit Risk & Improvement Committee.  That Council refer to the Committee a proposal to exclude from the delegations the delegation of authority for deferred payments for developer contributions, meaning any requests for deferred payments are to come to Council for determination.

AGMCS

Delegations approved by Audit Risk and Improvement Committee

 

Report to October Council meeting.

 

20

SF2413

16/08/18

That the Risk Framework and Strategic Risk Register be deferred until a workshop has been convened.

 

AGMCS

22/08/18 Workshop to be convened.

 

6/09/18 - Risk framework being reviewed by management.  Council workshop proposed for November 2018.

21

SF761

16/08/18

That the lease to Optus mobile in Palmer St be deferred until the GM comes back with more information regarding options to improve the wireless service in Nambucca Heads.

 

GM

Report in September 2018

 

5/9/18 – GM has contacted Optus who are to come up with a proposal for slimline antennas to address Nambucca Heads black spots including the Plaza and Swimming Creek.

 

19/8/18 – GM to follow-up with Optus

 

3/10/18 – Optus have advised that they are developing a proposal for consideration by Council.

22

SF2433

30/08/18

Council receive a brief report on the use of Otta seals on low traffic volume roads.  Also Council keep a watch on success or otherwise of the Bellingen trial.

AGMES

5/9/18 – Report in October 2018.

23

SF317

30/08/18

Report on a proposal for improvements to the amenities at Macksville Park - including change rooms for women; doors on showers; suitable disabled amenities.

AGMES

 

5/9/18 – Report in November 2018.

 

14/9/18 – A grant application has been lodged with the Federal Gov’t for $ for $ funding for a $356,000 refurbishment of the amenities building.

24

SF317

30/08/18

A Management Plan be developed for the future administration of Macksville Park to cater for its current use and future opportunities as a regional sporting hub.

AGMCS

5/9/18 – Report in November 2018.


 

SEPTEMBER 2018

25

SF2433

13/09/18

After considering the policies of other councils that council receive a report on its Policy for Memorials giving consideration to a policy that allows memorials that are consistent with Council’s adopted capital works program or an adopted master plan or plan of management.

AGMES

18/9/2018 – With current work priorities be reported in December 2018.

26

SF2433

13/09/18

Council apply to the GNB to officially name “Johns Cutting” on Missabotti Road and that the Missabotti Community Centre CoM be advised of the action.

AGMCS

GIS officer has commenced application process. CoM advised of the action.

27

SF2329

13/09/18

Council staff report on options to improve and/or relocate the River Street, Macksville amenities and also options to improve the standard of the amenities in Fletcher Street, Nambucca Heads.

GM

Report in November 2018.

28

SF1120

13/09/18

Report on the funding of the proposed playing fields and amenities for South Macksville and include consideration of the use of S94 funds.

GM

Report in November 2018.

 

3/10/18 – Advice has been sought from the developer on the development of the park via a works in kind agreement in lieu of S94 contributions.

29

SF1755

13/09/18

The next quarterly waste report contain information on the MyBin App including its cost to Council.

AGMES

18/09/2018     Will be reported in October within the waste quarterly report.

30

SF1067

13/09/18

There be a further report on the new Model Code of Conduct; Procedures for Administration & Councillor Induction and Professional Development after they have been prescribed.

AGMCS

Not yet prescribed.

Report by December 2018.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.3      SF2280            111018         Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

AUTHOR/ENQUIRIES:    Terri Brown, Technical Officer Assets; Michael Coulter, General Manager         

 

Summary:

 

Previously Crown reserves have been jointly managed by Crown Lands and Council under separate legislation.

 

Recent Crown Land “reforms” culminating in the Crown Land Management Act 2016 (CLMA) which came into effect on 1 July 2018 has resulted in the previous joint arrangements being discarded in favour of Councils having administrative responsibility for the management of Crown reserves.

 

At the commencement of the CLMA the categorisation and classification of Crown land under the care and control of Council reverted back to the categorisation and classification as per the original gazettal notice and all current plans of management are to be rewritten to reflect the CLMA under the Local Government Act (LGA).

 

Crown lands and the Office of Local Government (OLG) are requiring that Councils undertake a two (2) step process to transition their management of Crown reserves to the new processes.

 

The first step, which is the subject of this report, is for Council to undertake a classification (operational or community land) and then categorisation (type of community land).  Whilst the Council can seek the classification of Crown reserves as operational land this will require the approval of the Minister and it has been made plain that Crown land and the OLG expect the vast majority of Crown reserves to be classified as community land.

 

The second step is for Council to prepare Plans of Management for all of the listed Crown reserves.

 

The purpose of this report is to identify appropriate the classification and categorisation of ninety (90) Crown reserves as per the recommendations in the previously circularised spreadsheet.  Of the ninety (90) Crown reserves it is proposed that eighteen (18) be classified as operational land and that another twenty five (25) have their community land categorisation changed to better reflect the purpose of the community land classification.  Most of the recommended changes in community land categorisation are from General Community Use to Natural Area/Bushland.

 

 

Recommendation:

 

1        Council place the eighteen (18) recommended operational land classifications on public exhibition for a minimum three (3) weeks, including direct mail notification of   adjoining and adjacent owners, with a further report to be prepared on the outcome of the public exhibition.  Further prior to the consideration of the report, that Council undertake inspections of all of those Crown Reserves the subject of submissions.

 

2        That Council advise the NSW Department of Industry – Lands and Water of the recommended community land classifications and categorisations for the remaining seventy two (72) Crown Reserves and inform them of the process being undertaken by Council in relation to the eighteen (18) parcels identified in 1 above.

 

 

OPTIONS:

 

Under the Crown Land Management Act 2016, Council must assign a classification and category and rewrite or prepare plans of management.  The Council does not have to accept the recommended classifications and categorisations.  Regardless of Council’s decision the NSW Department of Industry – Lands and Water may not accept Council’s recommendations.

DISCUSSION:

 

This report was listed for consideration by Council at its meeting on 27 September 2018 and it was resolved that its consideration be deferred and that an inspection be arranged.  Since this report was listed for consideration by Council at its meeting on 27 September a submission has been received in relation to land in Park Avenue and Factory Road, Bowraville.  The Mayor has also received verbal representations from a resident who objects to a possible operational classification of Lot 7023 Swimming Creek Road, Nambucca Heads.

 

In relation to the recommended operational land classifications it should be noted that Council is merely making recommendations to the NSW Department of Industry – Lands and Water which may or may not be accepted.  There is no proposal by Council to sell any land or even deal with land for the simple reason it is not Council’s land to deal with.  Any possible future dealing with the land is entirely a matter for the Crown, not Council.  The Council will not “profit” from any dealing in the land if it has an operational land classification.  Council will however be burdened with preparing plans of management for all community land parcels as well as the on-going maintenance of the land and managing any leases or licences which may arise.

 

When Council considers the appropriate classification for land a key consideration relates to the restrictions on dealing with community land.  The Council may only grant a lease, licence or other estate over community land where it is provided for in a plan of management.  In accordance with the Local Government Act, the tenure must also be consistent with the core objectives of the classification of that land.  Community land must not be leased or licenced for more than 21 years without the consent of the Minister for Local Government.  Any lease or licence for more than 5 years must have prior public notice, and in the event that an objection is made to that tenure as a result of the notice, the Minister for Local Government's consent is required.  Therefore the process of dealing with leases and licences on community land is quite restrictive and if there is an expectation there will be on-going leases or licences of the land then an operational classification will likely be more appropriate.

 

In the circumstances that there is public interest in the proposed classifications of some of these crown reserves it is proposed that all of the recommended operational land classifications be placed on public exhibition for a minimum of three (3) weeks, including direct notification of adjoining and adjacent owners, and the Council then undertake inspections of all of those reserves the subject of submissions.  This will satisfy the requirement of Council’s resolution of the meeting on 27 September in relation to inspecting the Reserves.

 

As this process only involves eighteen (18) of the ninety (90) Crown Reserves there is no reason not to advise the NSW Department of Industry – Lands and Water in relation to the recommended community land classification and categorisation of the remaining seventy two (72) Crown Reserves.

 

Outline of Legislation

 

The Crown Land Management Act 2016 (CLMA) provides for councils to manage crown land under the provisions of the Local Government Act 1993 (LGA).  It is anticipated this will reduce the duplication and drain on resources experienced by councils resulting from the current dual legislative frameworks.

 

Councils will generally no longer have to seek consent from the Minister for Lands and Forestry for dealings on crown land and will also benefit from the removal of reporting requirements.  Instead, they will be able to manage crown reserves in the same way that council owned land is managed.

 

Although local councils will generally be managing land as if it were under the LGA, the Minister for Lands and Forestry will retain important rights and powers including the ability to:

 

·      Make crown land management rules with which local councils must comply.

·      Place conditions in councils' appointment instruments, when appointing them as Crown Land Managers.

·      Remove councils as Crown Land Managers.

 

Councils currently manage crown land as the appointed Reserve Trust Manager responsible for managing the affairs of a reserve trust.  From the commencement of the CLMA, the concepts of "reserve trusts" and "reserve trust managers:" were removed from the Crown Land Legislation and replaced with "Crown Land Managers".  Councils will be automatically appointed as Crown Land Managers for all reserves for which they are currently the appointed Reserve Trust Manager.  Councils will not need to do anything for this to occur - this is provided for in the provisions of the CLMA.

 

The default classification for crown land managed by councils is as community land.  In some circumstances, however, it will be possible for councils to get the approval of the Minister for Lands and Forestry for crown land to be managed as if it were operational land under the LGA.

 

The Minister may provide consent for crown land to be managed as operational land only where the Minister is satisfied that either:

 

·       The land does not fall within any of the categories for community land under the LGA (eg a road works depot, a rubbish tip); or

 

·       The land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land (eg caravan park sites with long term tenures, cemeteries).

 

Upon commencement of the CLMA councils must, as soon as practicable, assign an "initial category" to all crown land they manage (unless the Minister has given approval for the land to be classified as operational land).  The initial category must be the category that council considers is most closely related to the reserve purpose.

 

Once council has assigned categories to the reserves it manages, council must provide written notice to the Minister for Lands and Forestry of the categories it has assigned to the reserves.  The Minister may require council to alter the category it has assigned to a reserve if the Minister considers that:

 

·       The assigned initial category is not the most closely related to the reserve purpose, or

 

·       Management of the land in accordance with the assigned initial category is likely to materially harm the use on the land for the purpose for which it is reserved.

 

Following assignment to a category, council must proceed to prepare a plan of management under the LGA that reflects the assigned category.  Councils will generally not be required to hold public hearings in order to adopt this initial plan of management as long as the plan of management has been prepared in accordance with the regime outlined above.

 

Councils are authorised to manage crown land as if it were public land within the meaning of the LGA.  This enables councils to issue licences and leases for crown land in the same way as for public land owned by Council.  Essentially, the process for issuing tenures will depend on the classification and categorisation of the land.

 

Council may grant a lease, licence or other estate over community land where it is provided for in a compliant plan of management.  In accordance with the LGA, the tenure must also be consistent with the core objectives of the classification of that land.  Community land must not be leased or licenced for more than 21 years, or 30 years with the consent of the Minister for Local Government.  Any lease or licence for more than 5 years must have prior public notice, and in the event that an objection is made to that tenure as a result of the notice, the Minister for Local Government's consent is required.

 

Operational land is not subject to the tenure controls applicable to community land under the LGA.

 

In all cases, councils will be required to obtain the written advice of a qualified native title manager that the grant of the tenure complies with any applicable provisions of native title legislation.

 

Councils will be required to have plans of management for crown reserves that they manage as community land.  In order to make the implementation of plan of management requirements as straightforward as possible, the following will apply:

 

·       The requirement to have plans of management will be phased in over three years from the time the CLMA provisions relating to reserves commences.

·       Councils can amend existing plans of management so they apply to crown reserves, where this is appropriate given the use for the crown reserve.

·       Where new plans are required, councils will be able to follow a simplified process (for example, councils will not always be required to hold public hearings).

·       Some financial assistance will be available to help with the costs of preparing plans of management.

 

Nambucca Shire Council will receive funding of $38,000 to assist with the implementation of the CLMA and the development of the plans of management.

 

For reasons which are not understood, the new legislation does not change the management of devolved land.  Any Crown Land that is a public reserve for the purposes of the LGA with no appointed Crown Land Manager or that is not held under lease from the Crown will continue to devolve to council management in accordance with section 48 of the LGA. Why this Crown land is treated differently to that identified as a Reserve is unknown.

 

Councils can now close council roads located on crown land without approval of the Minister for Lands provided:

 

·       It has been advertised;

·       Adjoining land holders have been notified;

·       Emergency services, Roads and Maritime Service etc have been notified.

 

During the initial period, and until council adopts a first plan of management, the Regulation allows councils to:

 

·       Issue short term licences over council managed Crown Land for a range of prescribed purposes, such as holding sports and recreational activities, camping and events.

·       Renew existing leases over council managed Crown Land if the renewal does not authorise any additional use for the land.

·       Grant new leases over council managed Crown Land, if there was a pre-existing lease immediately prior to the repeal of the CL Act and the new lease does not authorise any additional use of the land.

 

When exercising powers provided by these transitional arrangement, council Crown Land Managers must obtain written advice from a qualified Native Title Manager that any leases or licences comply with native title legislation.  Councils are required to engage or employ a Native Title Manager under the Act.

 

Nambucca Shire Council’s Manager Business Development has attended the necessary training and is the appointed Native Title Manager.  Other Council staff will attend the mandatory training when the opportunity arises.

 

Under the new legislation the Minister will still be able to:

 

·       Dedicate or reserve land.

·       Grant leases, licences, permits, easements or rights of way.

·       Appoint managers for dedicated or reserved crown land.

·       Sell or dispose of Crown Land, subject to appropriate safeguards.

 

Councils will not be required to furnish annual reports to the Minister for Lands and Forestry as is current practice.  The Minister for Lands and Forestry does retain powers to direct a council to furnish a report or information regarding Crown Land management however this will be used in exceptional circumstances.

 

"Generic" plans of management may apply to multiple categories and pieces of land notwithstanding where a categorisation under the LGA mandates a single plan for land.

 

Council Crown Land Managers must also obtain written advice from a qualified Native Title Manager that any plan of management for crown land adopted, or submit for approval, complies with any applicable provision of the Commonwealth Native Title legislation.

 

It is expected that land being vested to council will come across as community land in the majority of cases.  The land will be vested with any Native Title obligations.  To reclassify the land council will need to go through a vigorous re-classification process, including consideration of native title.

 

Land devolved to Council has the following conditions (as per Section 48 of the Local Government Act):

 

·      Council cannot let, lease, licence etc.

·      Do not need to classify, categorise or have a plan of management.

·      Is not managed as local government community land.

 

Recommended Classifications and Categorisations

 

The previously circularised spreadsheet indicates ninety (90) crown reserves where Council is the Crown Land Manager, detailing what Crown Lands propose by way of categorisation and classification and what Council staff recommend.  The recommended changes are shown in red font.

 

Crown lands have identified the 90 crown reserves as community land.  However a review of each reserve indicates that eighteen (18) reserves could be classified as operational land for a range of reasons.  To best illustrate the reasons attached are cadastral and aerial overlays of the proposed operational land.

 

Whilst Crown Lands would not be anticipating that a Council could seek so many operational land classifications on transfer, there is little point agreeing to accept the management of Crown reserves that will never have any community purpose and will only be a burden to future Council administrations and ratepayers, let only the foregone opportunity for a potential capital benefit to the Crown.  If nothing is done future Council administrations will receive and churn the same enquiries when adjoining properties are listed for sale.  For example the fact that adjoining properties don’t have legal access will affect their saleability and value and cause distress to residents.

 

The Local Government Act 1993 does not provide specific guidance as to what land should be classified as operational land or community land but in assessing the constraints on the use of community land it is clear that if land should be, for whatever reason, the subject of a transfer or long term dealing via a lease or licence then it should have an operational land classification.  This is for the reason that Section 45 of the Act provides that a council has no power to sell, exchange or otherwise dispose of community land. 

Whether or not the Crown reach agreement for the leasing, licencing, sale, exchange or otherwise disposal of the land is a matter for the Crown, not the Council.  Council’s only role is to facilitate the opportunity for a mutually agreeable outcome if and when that might arise.

 

A summary of the recommended operational land classifications is as follows:

 

Lot 7005 Upper Warrell Creek Road, Macksville

This would seem to be a section of Crown land left from a former travelling stock route.  It serves no purpose and has no value to anyone except the owner of the adjoining property.  If it is clear of public infrastructure it should be offered to them for sale at valuation.

 

Lot 7014 Wallace Street, Macksville

As per Lot 7005 this seems a section of Crown land left from a former travelling stock route and again serves no community purpose.  The adjoining owners may be interested in purchasing it.  There would need to be checks that the land was clear of public infrastructure.

 

Lot 7015 Wallace Street and Upper Warrell Creek Road, Macksville

This land is similarly crown land “left over” from a former travelling stock route.  It is more extensive than the land on the western side of Wallace Street but similarly has no discernible community purpose and the public interest would be best served by the land being available to purchase by adjoining property owners.  As with the other land there would need to be checks to ensure the land was clear of public infrastructure.

 

Lot 202 Factory Road, Bowraville

The land would appear to be a residue of the former wharf reserve.  It no longer has any identifiable public purpose and the adjoining owner may be interested in purchasing it.

 

Lot 7301 Park Street, Bowraville

The land on the northern side of Park Street is a foreshore area and should be retained in public ownership as foreshore.  However the land on the southern side of the road mainly comprises the front yards of private properties and with an encroachment from Park Street.  As the opportunity arises the sections of land which are not foreshore and which do not contain public infrastructure could be offered to the adjoining owners at valuation.

 

Lot 7023 Swimming Creek Road, Nambucca Heads

This land which has an area of approximately 2,600m2 sits amongst other houses on the western side of Bemago Street/Swimming Creek Road and below the Nambucca cemetery.  Crown lands have previously provided the adjoining owner to the north with a licence to obtain access across the land.  The land is opposite Morrison Park and has been zoned RE1 Public Recreation for no apparent reason other than the land is owned by the Crown.  It is otherwise a “gap” in the housing on the western side of the street.  With the access to the beach on the opposite side of the road there is no need or reason for the retention of the land for community use.  Approximately half the land sits behind the 2100 coastal hazard line not requiring any special engineering and it is possible to build in front of that line with special engineering.  There seems to be no public interest reason for the Crown to retain the land.  It would be extremely valuable if it was offered to the market.

 

Lot 5 High Street, Nambucca Heads

The adjoining owner accesses a triple garage across part of this Crown land.  By the appearance of the garage it would seem this arrangement has been in place for many decades.  To regularise and potentially legalise this access for future property transfers the land should be classified as operational allowing for the small section which provides the garage access to be offered to the adjoining owner at valuation.  The residue of the land can be retained as a park.

 

Lots 1 & 2 DP 951723, Rodeo Drive (Tewinga Community Centre)

Nambucca Radio Inc. 2NVR recently held a special general meeting which received an 85% majority vote in favour of seeking a transfer of the ownership of this facility to their incorporated association.  2NVR is a community based organisation which is effectively managing the building as a community facility.  In terms of the community’s access to and use of the facility it is difficult to foresee how a change in ownership will make any difference to how the centre has been managed for the past 10 years.  The benefit to Council of a change in ownership is that it removes some depreciation from our asset schedule.  The potential benefit to Nambucca Radio Inc. is that it will control the premises, have fewer reporting obligations and possibly receive more grant income as an independent entity not tied to Council.  The opportunity should be taken to seek an operational land classification to facilitate this transfer.

 

Lot 339 Loftus Street, Nambucca Heads

Similar to the land in Swimming Creek Road, this land has no apparent use by the community, nor any prospect of it in the foreseeable future.  There is a small park in close proximity in Sussex Street.  Besides the provision of some land for drainage there is no apparent public interest in the retention of the land and Council should seek an operational land classification.

 

Lot 340 Short Street, Nambucca Heads

This land is at the rear of Lot 339 Loftus Street and faces Short Street.  The reasons for an operational classification are as per those provided for Lot 339 Loftus Street.

 

 

Lot 7024 Swimming Creek Road, Nambucca Heads

For reasons unknown the houses at 11 and 11A Bemago Street/Swimming Creek Road do not have legal access to Bemago Street as indicated on the attached plan.  The land needs to be operational only to make provision for the negotiation of a legal access to both houses.  Once this is completed the land should revert to a community land classification.

 

Lot 7012 Back Street, Woolworths car park (originally war memorial)

This land should be part of the road reservation but Crown lands may/may not have a lease in place with Woolworths.  Either way it is not land which should have a community land classification.

 

Lot 3 Back Street, Nambucca Heads (Woolworths car park)

This land is part of the Woolworths car park and presumably there is a long term lease in place for its use.

 

Lot 232 Boultons Crossing Road (Gumma Reserve)

This is a primitive camping ground which Council operates on a commercial/cost recovery basis.  If it chooses, the Council should be able to contract out its operation to the private sector without the consultation requirements which would prevail if it were community land.

 

Lot 178 Swimming Creek Road, Nambucca Heads

This land comprises the entry to the caravan park and contains a car park and buildings.  There is a long term lease in place for its use and accordingly should be operational land.

 

Lot 70 Riverside Drive, Nambucca Heads

This land comprises the surrounds of the Foreshore Caravan Park.  It contains numerous encroachments including caravans and other improvements.  There is presumably a long term lease in place for these encroachments and accordingly it should be operational land.

 

Lot 478 Ocean Street, Nambucca Heads (Nambucca Heads SLSC)

This reserve would seem to relate to the footprint of the former Clubhouse which has been gone for many decades.  The SLSC should have a long term lease in place for its use and accordingly the crown reserve should be operational rather than community land.

 

 

CONSULTATION:

 

General Manager

Manager Business Development

Department of Industry – Lands & Water

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

The social implications are discussed in the summary of the recommended operational land classifications.  In time a number of the Crown reserves will create angst when people come to sell adjoining land and discover the lack of legal access is a liability leading to discounted offers.

 

Economic

 

A number of the Crown reserves recommended for an operational land classification will be extremely valuable.  They could provide a significant financial and economic windfall for the Crown and also the community by providing additional rateable properties and investment by potentially high wealth individuals.

 

Risk

 

There may be some objections to the transfer of some properties identified for operational land classification.  These are likely to be focussed on the adjoining and nearby property owners who might perceive some private benefit in the land remaining vacant crown land.  However balanced against this are public interest considerations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no direct and indirect impacts on current and future budgets.

 

Working funds – justification for urgency and cumulative impact

 

Council will receive financial assistance of $38,000 to assist with implementation of the CLMA.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels however staff time will be required to complete the plans of management.

 

Attachments:

1

34463/2018 - Lot 7005 Upper Warrell Creek Road

 

2

34465/2018 - Lot 7014 Wallace Street

 

3

34469/2018 - Lot 7015 Wallace Street

 

4

34473/2018 - Lot 202 Factory Road

 

5

34481/2018 - Lot 7301 Park Street

 

6

34501/2018 - Lot 7023 Swimming Creek Road

 

7

34660/2018 - Lot 5 High Street

 

8

34662/2018 - Tewinga Community Centre

 

9

34673/2018 - Lot 339 Loftus Street

 

10

34713/2018 - Lot 340 Short Street

 

11

34754/2018 - Lot 7024 Swimming Creek Road

 

12

34755/2018 - Lot 7012 Back Street (Woolworths car park)

 

13

34756/2018 - Lot 3 Back Street (Woolworths car park)

 

14

34757/2018 - Lot 232 Boultons Crossing (Gumma Reserve)

 

15

34758/2018 - Lot 178 Swimming Creek Road

 

16

34760/2018 - Lot 70 Riverside Drive

 

17

34762/2018 - Lot 478 Nambucca Heads SLSC

 

  


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

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Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

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Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

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Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 11 October 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.4      SF668              111018         Election Funding Requests

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

There will be a NSW State election held on Saturday 23 March 2019.  As Federal governments generally try to avoid holding separate House and half-senate elections, 18 May 2019 is effectively the last date for holding the next House of Representatives election.

 

In the past the Council has been fortunate in securing significant funding pledges during election campaigns, particularly Federal elections.  These have included $10m in Federal funding for the Bowra Dam and $5m in Federal funding for the stabilisation of Riverside Drive.

 

Whilst Council’s lobbying for funding during previous election campaigns has been ad hoc and opportunistic, following a suggestion from the Assistant General Manager Corporate Services it is proposed that Council have a list of projects to put forward to candidates.

 

It is proposed that Council adopt a range of priorities and budgets so as to provide candidates with scope to make choices which they believe will further their electoral appeal.

 

 

Recommendation:

 

That Councillors and Council staff utilise the listed local projects in seeking to procure election promises related to the 2019 State and Federal elections.

 

 

OPTIONS:

 

There are many potential funding options.  The Council can add or subtract election funding requests from the list included in the discussion.

 

DISCUSSION:

 

In the past the Council has had success with “landing” election promises – the most significant being $10m prior to a Federal election for the Bowra Dam and $5m prior to another Federal election for the stabilisation of Riverside Drive.  We should try to repeat this success in the forthcoming elections.

 

The following list of local projects has been developed (not in order of priority) for consideration by election candidates:

 

1.   Nambucca Heads library extension

2.   Implementation of Macksville Memorial Aquatic Centre master plan

3.   Water treatment plant

4.   A $600k contribution for the provision of water & sewerage to the new hospital

5.   CBD “Main Street” improvements

6.   Funding for renewable energy projects

7.   Centra Park trunk drainage

8.   Nambucca Heads boardwalk replacement

9.   Deep Creek footbridge replacement

10.  Scotts Head sewage plant upgrade

11.  Refurbishment of Macksville Park amenities (Federal funding application lodged on 14/09/18)

12.  Transfer of the North Macksville soccer fields and Casey Drive from the RMS to Council – (State)

13.  Land swap or purchase of State Forest land to extend landfill (State)

 

In relation to most of the listed projects the Council has significant background information including detailed designs, costings and reports which can be made available to election candidates.

 

Besides these specific projects there are other general local government priorities being:

 

14.  Increased funding for Roads to Recovery

15.  Increased Financial Assistance Grants (FAGS) funding plus change to means based

16.  Continuation of Fixing Country Roads

17.  Continuation of the Stronger Country Communities Program

18.  Continuation of the Safe and Secure Water Program

19.  Lobbying for State Forests to pay rates

 

It is anticipated that as the elections approach candidates will be contacting Council for suggestions for funding promises.  Candidates would be provided with the list of local projects and any detailed information they may require in relation to specific projects on that list.

 

CONSULTATION:

 

There has been consultation with the Mayor and Assistant General Manager Corporate Services.  The list of local projects has been previously circulated to Councillors.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are no risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.5      SF1437            111018         Stuart Island - Renewal of Lease to Nambucca Heads Island Golf Club

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That any three Councillors (including the Mayor if available) plus the General Manager and Manager Business Development or their delegates be provided with delegated authority to enter into any long term agreement for the use and tenure of all or part of the Crown land on Stuart Island.

 

 

OPTIONS:

 

It is a matter for Council as to the delegation of authority to enter into an agreement for the use and tenure of the Crown land on Stuart Island.

 

From previous experience it is imperative that those attending the meeting have authority to enter into an agreement.  With so many stakeholders involved, the prospect of reaching an agreement will be remote if those stakeholders are not committed to resolving the matter on the day.

 

DISCUSSION:

 

At Council’s meeting on 16 August 2018 it was resolved as follows:

 

1        Council enter into a 12 month lease for the use of Stuart Island by the Nambucca Heads Island Golf Club in accordance with the proposed terms outlined in the report.

 

2        That Council seek to convene a meeting with the nominated stakeholders being the Native Title claimants, the Nambucca Heads Island Golf Club, Crown Lands and the Crown Solicitor with a view to reaching agreement for the long term use and tenure of all or part of the Crown land on Stuart Island.

 

3        The Mayor, General Manager and Manager Business Development be provided with delegated authority to enter into any long term agreement which might be negotiated pursuant to point 2. of this resolution.

 

Council has received replies from Crown Lands and the Crown Solicitor indicating their willingness to be involved in a meeting.

 

NTS Corp. who act on behalf of the registered Native Title claimants, the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation have put forward a tentative meeting date in late October when the Mayor has proposed to take leave.  However the meeting date has yet to be confirmed.

 

Besides the possibility that the nominated Council representatives may not, for whatever reason, be available to attend the meeting, considering the significance of the issue it would be desirable to have a larger representation from Council on hand to endorse any agreement.

 

Accordingly it is proposed that Council’s representation in the negotiations be expanded to be any three Councillors (including the Mayor if available) plus the General Manager and Manager Business Development or their delegates.

 


 

CONSULTATION:

 

There has been consultation with the Mayor and NTS Corp.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The issue has significant social implications.

 

Economic

 

The issue has economic implications.

 

Risk

 

There are many risks associated with the negotiations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impacts.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be resourcing implications in preparing for and attending any meeting.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.6      DA2018/115      111018         Report to Joint Regional Planning Panel - First Stage Subdivision - Valla Growth Area

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the report to the Joint Regional Planning Panel and the recommended conditions be noted.

 

 

OPTIONS:

 

The Council has the opportunity to make its own representations to the JRPP independent of the report and recommended conditions.

 

DISCUSSION:

 

The Joint Regional Planning Panel are scheduled to consider this Council DA at a meeting on 18 October 2018.

 

At Council’s meeting on 27 September 2018 it was queried whether or not the Council would have the opportunity to view the planning report and recommended conditions being submitted to the JRPP for endorsement.

 

Attached is the planning report and recommended conditions which have been sent to the JRPP by Council’s planning staff.  It should be noted that Council’s Senior Planner consulted with other sections of Council in the drafting of the conditions.

 

CONSULTATION:

 

There has been consultation with different sections in Council in  relation to the recommended conditions.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As per the report.

 

Social

 

As per the report.

 

Economic

 

As per the report.

 

Risk

 

As per the report.

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Working funds – justification for urgency and cumulative impact

 

There are no impacts on working funds.

 

Service level changes and resourcing/staff implications

 

The application is to be determined by the JRPP.

 

Attachments:

1

36781/2018 - Assessment report

 

2

36784/2018 - Recommended conditions

 

  


Ordinary Council Meeting - 11 October 2018

Report to Joint Regional Planning Panel - First Stage Subdivision - Valla Growth Area

 

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Ordinary Council Meeting - 11 October 2018

Report to Joint Regional Planning Panel - First Stage Subdivision - Valla Growth Area

 

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Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.7      SF639              111018         Changes to the Organisation Structure

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

The General Manager has determined to make a number of changes to the organisation structure.

 

 

Recommendation:

 

That Council note the following changes to the organisation structure:

 

Deletion: Library Officer 24.50 hours per week

Deletion: Library Assistant 7 hours per week

Addition: Library Officer Technical Services 35 hours per week

Change: Grants Officer 21 hours per week to Grants and Contributions Officer 35 hours per week

Deletion: Business Services Officer 4 hours per week

Deletion: Business Services Officer 14 hours per week

Deletion: Finance Officer 14 hours per week

Addition: Business Services Trainee (Indigenous) 35 hours per week, fixed term

Addition: Water Operations Trainee 38 hours per week, fixed term

Addition: 3 x Civil Construction Trainees 38 hours per week, fixed term

Change: Area Health and Building Surveyor to Design Advisor and Building Surveyor 

Change: Assets Officer to Assets Engineer

Change: Technical Officer Infrastructure Assets to Assets Engineer

Change: Engineering Support Officer to Technical Officer Assets

Change: Reticulation Attendant to Plumber

 

 

OPTIONS:

 

None; this report is for information only.

 

DISCUSSION:

 

The General Manager has determined to make a number of changes to the organisation structure ie.

 

Deletion: Library Officer 24.50 hours per week

Deletion: Library Assistant 7 hours per week

Addition: Library Officer Technical Services 35 hours per week

Change: Grants Officer 21 hours per week to Grants and Contributions Officer 35 hours per week

Deletion: Business Services Officer 4 hours per week

Deletion: Business Services Officer 14 hours per week

Deletion: Finance Officer 14 hours per week

Addition: Business Services Trainee (Indigenous) 35 hours per week, fixed term

Addition: Water Operations Trainee 38 hours per week, fixed term

Addition: 3 x Civil Construction Trainees 38 hours per week, fixed term

Change: Area Health and Building Surveyor to Design Advisor and Building Surveyor 

Change: Assets Officer to Assets Engineer

Change: Technical Officer Infrastructure Assets to Assets Engineer

Change: Engineering Support Officer to Technical Officer Assets

Change: Reticulation Attendant to Plumber

 

Overall the changes increase the establishment to 118.48 Full Time Equivalent (FTE) staff. This includes five (5) fixed term trainee positions, one in Business Administration, three in Civil Construction and one in Water Operations (in place for some time but not previously shown in structure).

 


 

Business Administration Traineeship

 

Staff resignations in the Business Services section have provided an opportunity for Council to replace the positions with a Business Services Trainee.

 

The main concept behind the proposal was to provide a local indigenous young person the opportunity to gain formal qualifications and 12 months’ work experience fulfilling an entry level role in customer service and administration.

 

Under the Traineeship, the trainee completes a Certificate III in Business Administration via on the job training and is employed through a Group Training Organisation with Council as the Host Employer.

 

The cost for the trainee is $17.29 per hour and Council would qualify for incentives totalling $1500.00, so the total cost is estimated to be $30,088.83 per annum.

 

Civil Construction Traineeships

 

With the sizeable expansion of its Capital Works Program, Council has also had to review its workforce requirements. Over the past 12 months or so, we have increased our utilisation of labour hire and with the works expected to be on-going for at least another 12-24 months, it has given Council a chance to provide an opportunity for three local young people, including one Indigenous, to each complete a traineeship in Civil Construction.

 

Besides the community wellbeing aspect, there are other advantages with the traineeships. Firstly they will help overcome a skills shortage issue for Council, especially in concreting.  In recent years, Council has found it difficult to recruit experienced concreters mainly because they are able to earn much more in the private sector. Secondly, we will be able to expand our pool of plant operators through providing in-house training.

 

Finally, traineeships are way of addressing our aging workforce and “growing our own” talent pool.

 

Like the Business Services Trainee, the Civil Construction Trainees will complete a 12 months traineeship and be employed through a Group Training Organisation with Council as the Host Employer.

 

As part of the traineeship, the trainees will gain experience in all aspects of civil construction including road maintenance, plant operation and concreting.

 

The cost for each trainee is $18.19 per hour and Council would qualify for incentives totalling $1500.00, so that the total cost is estimated to be $34,581.68 per annum per trainee. This compares favourably to the cost of employing a Labourer at $72,475.20 per annum or engaging one via labour hire ie $76,666.14.

 

Once the trainees are proficient at concreting, we will no longer have to engage a Concreter via labour hire, currently costing $43.70 per hour or $86,683.32 per annum.

 

Funding

 

Funding for the new positions will be sourced from savings as follows:

 

·      vacant positions in Business Services and Financial Services have been made redundant;

·      wage incentives and lower pay rates for trainees; and

·      reduction in use of casuals and labour hire.

 


 

Detailed costings are below:

 

Position

$

Library Officer

(61,353.14)

Library Assistant

(16,262.30)

Library Officer Technical Services

83,479.98

Grants and Contributions Officer

45,759.84

Business Services Officer (4 hours)

(9,292.74)

Business Services Officer (14 hours)

(31,341.50)

Casual Business Services Officer

(41,276.33)

Finance Officer (14 hours)

(35,058.94)

Business Services Trainee

30,088.83

Water Operations Trainee

-

Civil Construction Trainees

103,745.05

Potential savings in labour hire (based on one labourer, will be more if concreter)

(76,666.14)

Total estimated savings

($7,432.39)

 

CONSULTATION:

 

Consultative Committee

Manex B

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Not applicable

 

Social

The proposed trainees will provide positive social outcomes for local youth.

 

Economic

Not applicable

 

Risk

Not applicable

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The changes to the FTE do not impact the overall budget and will result in savings as trainees become proficient and there is less reliance on labour hire.

 

Working funds – justification for urgency and cumulative impact

 

The estimated costs indicate that there will be minor savings to Council.

 

Service level changes and resourcing/staff implications

 

These are discussed in the report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.8      SF1031            111018         Delegations For General Manager

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

Council is required under the Local Government Act 1993 to review and approve the Delegations to the General Manager. Attached is a draft Delegations Policy along with an Instrument of Delegation to the General Manager which have been endorsed by the Audit Risk and Improvement Committee. It is recommended that they be adopted by Council.

 

 

Recommendation:

 

That the draft Delegations Policy (TRIM 27633/2018) and the Instrument of Delegation (TRIM 27585/2018) to the General Manager be adopted.

 

 

 

OPTIONS:

 

1        The Council adopt the recommendation

2        The Council amend the draft policy and/or Instrument of Delegation to the General Manager.

3        The Council reject the draft policy and/or Instrument of Delegation

 

 

DISCUSSION:

 

Both the Policy and Instrument have been considered by the Audit, Risk and Improvement Committee and are now referred to Council for adoption. They have previously been referred to Council for consideration with one limitation being added – deferment of developer contributions must be referred to Council.

 

 

CONSULTATION:

 

Delegations from other Councils

General Manager

Audit, Risk and Improvement Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not Applicable

 

Social

 

Not Applicable

 

Economic

 

Not Applicable

 

 

Risk

 

The adoption of the documents will reduce the risk of staff acting without Council delegations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not Applicable

 

Working funds – justification for urgency and cumulative impact

 

Not Applicable

 

Service level changes and resourcing/staff implications

 

Not Applicable

 

Attachments:

1

27585/2018 - Instrument of Delegation

 

2

27633/2018 - Draft Delegations Policy

 

  


Ordinary Council Meeting - 11 October 2018

Delegations For General Manager

 

Description: Description: N:\nsclogo\Nambucca Logo with name HIGH RES_200x167.jpg

 

INSTRUMENT OF DELEGATION TO GENERAL MANAGER

 

 

On the 11th October 2018 Nambucca Shire Council (“Council”) resolved that:

 

1. All previous delegations of Functions the subject of this Instrument be revoked.

 

2. The person who holds the position of General Manager of Council (“General Manager”), being at the date of this instrument, Michael Coulter, be delegated authority under section 377 of the Local Government Act 1993 to exercise and/or perform on behalf of Council the Council’s Functions under all legislation in force and as amended from time to time:

 

(a) Subject to any condition or limitation on a Function specified in Schedule 1; and

(b) Excluding those Functions:

 

(i) that are expressly prohibited from delegation as listed under Section 377 of the LG Act;

(ii) which are expressly required by legislation to be exercised by a resolution of Council.

 

3. The General Manager be sub-delegated authority to exercise and/ or perform on behalf of Council the Functions delegated to Council under, and in accordance with, any instrument of delegation to the Council , excluding those functions which pursuant to the terms of delegation to the Council may not be sub-delegated.

 

4. The General Manager be delegated any Function which is taken to be conferred or imposed on the Council pursuant to section 381(1) of the LG Act.

 

5. In the absence of the General Manager that a person appointed by resolution to act as General Manager assume all functions, delegations and sub-delegations of the General Manager for the period only of the absence of the General Manager unless otherwise resolved by Council.

 

6. The delegations in this Instrument are subject to, and are to be exercised in accordance with, the requirements of the relevant legislation, and any resolution or policy or procedure or budget adopted from time to time by the Council.

 

7. The delegations in this Instrument are effective from the date of the resolution of the Council referred to below and remain in force until amended or revoked by a resolution of the Council.

 

 

8. In this delegation:

 

Functions” means powers, authorities, duties and functions and anything ancillary or related to the exercise or performance thereof.

 

Legislation” includes legislation enacted by the parliaments of New South Wales and of the Commonwealth of Australia;

 

LG Act” means the Local Government Act 1993 as amended.

 

Schedule 1: Limitations

 

Delegations to exclude the delegation for deferred payments of developer contributions. These requests are to be approved by Council.

 

 

 

 

Pursuant to a Resolution of the Council at its meeting of 11th October 2018

 

 

_______________________

Rhonda Hoban

Mayor

 

Date:        October 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting - 11 October 2018

Delegations For General Manager

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT DELEGATIONS POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

 

1.0       Policy objective

 

The purpose of the Delegations Policy and associated procedures is to establish a framework for delegating authority within Council in a manner that facilitates efficiency and increases the accountability of staff for their performance.

 

Delegations of authority are intended to achieve the following objectives:

 

1. To ensure the efficiency and effectiveness of the Council’s administrative processes.

2. To ensure appropriate officers have been provided with the level of authority necessary to discharge their responsibilities.

3. To ensure that delegated authority is exercised to a level by the most appropriate and competent individuals within the organisation.

4. To ensure internal controls are effective.

5. To ensure transparency in decision making by ensuring that delegations to staff are clearly defined and recorded in Council’s Delegation Register.

 

2.0       Related legislation

 

Councils have functions and duties they are required to perform under the Local Government Act 1993 (the Act) and a range of other legislation. Section 377 of the Act allows the Council to delegate certain functions of the Council to the General Manager who in turn may sub-delegate any of his/her functions - except the power of delegation.

 

Section 377(1) of the Act expressly exempts a range of functions that can be delegated to the General Manager or any other person or body.

 

3.0       Definitions

 

Administrative delegations: are those delegations that do not derive their authority from legislation. Delegations such as correspondence, media, staff and financial delegations are some examples of council’s administrative delegations.

 

Delegate: means the staff member occupying the position title which has been authorised to carry out a delegation.

 

Delegation: means the conferral of an authority to an identified position to exercise a power or duty on behalf of Council. The authority is exercised in the name of the delegate.

 

Delegations Register: is a central register maintained by Corporate Services to ensure legislative and administrative delegations and legislative authorisations are accurately stored and available to all staff and members of the public.

 

Instrument of Sub-Delegation: means a written document expressly delegating a specific statutory power and/or administrative authorisation to an identified position. For the Instrument to be effective it must be signed by the General Manager and is effective from the date of approval.

 

Statutory authorisation: is the means by which the General Manager can appoint ‘authorised officers’, or the authorisation of persons to exercise specified statutory powers. The names differ depending on the enabling legislation and are variously referred to as “Authorised Officer”, “Inspector”, “Authorised Person” etc.

Statutory authorisations are made to a person not a position, otherwise they operate in a similar way to delegations and an authorised officer exercises the power in their own right. Statutory authorisations are required to be in writing and signed by the General Manager.       

 

4.0       Policy statement

 

Delegations and authorisations are the mechanism by which the Council enables its officers to act on its behalf by devolving responsibility for decision making downwards through the organisation.

 

Delegations are a fundamental part of good governance and play an important role in ensuring that Council is acting in accordance with the legal and policy framework that applies to it.

 

Delegations and authorisations enable Council to carry out its functions and to be accountable for the decisions and actions taken on its behalf under specific legislative provisions. Those tasked with the responsibility to carry out a function should have the corresponding authority to carry it out.

 

It is important that delegations and authorisations are managed effectively to ensure decisions are validly made by a lawfully appointed delegate or authorised officer.

 

4.1 General

1. Only the General Manager can sub-delegate a function to a staff member; Councillors cannot directly delegate functions to council officers.

2. To be effective and of legal standing a delegation must be in writing and signed by the General Manager.

3. The General Manager may at any time wholly or partly revoke a delegation.

4. No delegate is authorised to sub-delegate any of their delegated functions to another person or body.

5. A function that has been delegated may, notwithstanding the delegation, be exercised by the General Manager.

6. A person appropriately appointed permanently or temporarily or otherwise acting in that position has the authority delegated to that position unless the appointment to act specifies otherwise.

7. Appointment to a position, whether permanent, temporary or acting must be evidenced in writing or have an audit trail.

8. In exercising a delegation, a delegate must act in the interests of the Council and not for any improper purpose.

9. A delegation only applies to a delegate’s area of responsibility, for example, an officer cannot correspond on matters for which they are not responsible for.

10. A delegation that contains the words ‘in consultation with’ must not be exercised until the required consultation is undertaken.

11. A delegate is acting in his or her own name on behalf of the Council when exercising a delegated authority.

 

4.2 Delegation by position

1. Delegations are conferred on a specified position. Individuals occupying that position are responsible and accountable for their decisions made under the approved delegation attached to that position.

2. Delegation to a position allows for the continuity of the exercise of the delegated power, as the person occupying the position may change over time.

 

4.3 Acting positions

A person formally appointed to act in a position can exercise any delegation attached to that position unless the appointment to act specifies otherwise.

 

4.4 Conflicts of interest

1. A person must not exercise a delegation that would provide them with any direct or indirect personal benefit, or conflict of interest. In these circumstances, the delegate must refer to a person more senior in their line of accountability.

2. Delegates must not approve matters including their own appointment, remuneration, payment or reimbursement, promotion, transfer or secondment, travel, absence or termination.

3. Delegates must not approve matters relating to family members and/or others with whom they have a close personal relationship.

4. A person is not obliged to exercise a delegation, where in their reasonable opinion, circumstances exist that would make it more transparent or ethical for the matter to be dealt with by another delegate. The matter must be transferred to a person more senior in their line of accountability after consultation with the relevant Manager.

 

4.5 Financial transactions

1. Any delegation to incur expenditure must be exercised in accordance with an approved budget or an approved source of funds.

2. Delegation limits apply to transactions and a transaction may not be separated into parts in order to meet a limit on a delegate’s authority.

3. The total cost of a transaction may not be offset by deductions or trade-ins.

 

4.6 Staffing delegations

Staffing delegations can only be exercised in relation to staff under the supervision of the delegate.

 

4.7 How Delegations must be exercised

1. A delegation must be exercised within its conditions and in accordance with all Council policies and procedures and any relevant legislation.

2. A delegation must be exercised by the delegate by applying his or her own discretion and without any undue influence by any other person or body.

3. Where the exercise of a delegation requires the exercise of some preliminary, incidental or ancillary administrative function, then the delegated authority extends to the exercise of that function.

 

4.8 Breach of delegations

A breach of this policy or a delegation may be regarded as misconduct and can be dealt with by Council’s Code of Conduct and/or Disciplinary Procedures.

 


 

4.9 Effective date of delegations

A person may exercise a delegation from its date of approval by the General Manager. A delegation cannot operate retrospectively.

 

4.10 Review of the delegations of authority

Delegations will be reviewed:

 

1. At least every two years and within the 12 months following a local government election;

2. When there is an organisation or departmental restructure;

3. Where there is a change in a position description that modifies or creates a right to act on behalf Council;

4. At the request of a Senior Staff Member;

5. When there are amendments to legislation impacting current delegations or authorisations.

 

4.11 Delegations database

A delegations database is maintained by Council which details all Council’s legislative and administrative delegations.  A copy of signed delegations and authorisations are stored in Council’s records management system.           

 

 

5.0       History

 

 

 

Department:

Corporate Services

Last Reviewed

Resolution Number

Author:

Robert Hunt

 

 

Document No.

 

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

!6th August 2020

 

 

 


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.9      SF830              111018         Election of Deputy Mayor

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services; Michael Coulter, General Manager         

 

Summary:

 

It is a requirement under the Local Government (Elections) Regulations 1998, Clause 124 that the annual election of a Deputy Mayor is to be in accordance with Schedule 3 of that Regulation.

 

 

Recommendation:

 

That

 

1.   The election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2.   Nominations be invited and received by the General Manager as Returning Officer for the election of Deputy Mayor.

 

3.   The election of Deputy Mayor proceeds.

 

4.   Following the election, the Mayor declares Cr……..elected as Deputy Mayor for the term of office expiring in September 2019. 

 

5.   The Office of Local Government be advised of the outcome of the election and Council’s website be updated.

 

 

 

OPTIONS:

There are options as to the method of election being open voting (show of hands); ordinary (secret) ballot or a preferential (secret) ballot.

 

DISCUSSION:

 

Schedule 3 provides that the General Manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.

 

Whilst a nomination form is included in this report, I appreciate that Councillors may not be able to print same.  For this reason I will have printed copies of the form available before the Council meeting.  I have also put a printed copy of the form in Councillors’ trays.

 

If only one Councillor is nominated, that Councillor is elected.  Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.  (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands).

 

Ordinary Ballot or Open Voting

 

The process for an ordinary ballot or open voting is as follows:

 

·           Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.

 

·           Where there are three or more candidates, the one with the lowest number of votes is excluded.

 

·           If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.

 

·           If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.

 

Where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot.  By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.

 

If the method of voting resolved by Council is by ordinary ballot or open voting the Part 2 of the Regulations apply (paragraph 20-2360 and onwards).

 

Preferential Ballot

 

The ballot papers are to contain the names of all the candidates.  The councillors are to mark their votes by placing the numbers “1”, “2”, and so on against the various names to indicate their order of preference for all the candidates.

 

If the candidate has an absolute majority of first preference votes, the candidate is elected.  If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with the second preferences on those ballot papers.  A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.

 

For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected.  If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidates whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.

 

Choosing by lot

 

The names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

 

CONSULTATION:

 

There has been no consultation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications for Council.

 

Source of fund and any variance to working funds

 

There are no financial implications for Council.

 

Service level changes and resourcing/staff implications

 

There are no service level or staffing implications.

 

 

Attachments:

1

37951/2017 - Election of Deputy Mayor - Nomination Form and Ballot Paper 2018

 

  


Ordinary Council Meeting - 11 October 2018

Election of Deputy Mayor

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

 

NOMINATION

 

ELECTION OF DEPUTY MAYOR

 

11 OCTOBER 2018

 

 

 

 

PRINT IN CAPITALS

NAME OF COUNCILLOR

NOMINATED FOR ELECTION:

 

 

SIGNATURE OF COUNCILLOR

CONSENTING TO NOMINATION:

 

 

SIGNATURE OF COUNCILLOR

ENDORSING THE NOMINATION:

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

AND

RETURNING OFFICER


 

 

 

 

For the Election of Deputy Mayor Nambucca Shire Council on 11 October 2018

 

 

 

 

................

 

.................

 

.................

 

………….

 

 

 

 


Signature

Returning Officer

 

 

   

 

 

 


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.10    SF842              111018         Council Advisory Committees

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

The report lists the committees which operated over the previous term of Council.

 

 

Recommendation:

 

That, subject to any amendments, Council adopt the list of Advisory Committees as shown in the report as at the 11 October 2018.                                          

 

 

OPTIONS:

 

The Council largely has discretion as to the committee structure it uses and the delegation of authority which it provides to those committees.  A number of committees and their functions such as Audit, Risk and Improvement as well as the Local Traffic Committee are outside Council’s control.

 

There are a number of factors to be considered in determining the value or cost effectiveness of Advisory Committees.  Without limiting the range of considerations, the following should be considered in the establishment of any Committee.

 

·      Whether or not the subject matter is important and complex, requiring more detailed scrutiny and consideration than could be afforded through Council’s normal twice monthly meetings.

·      Whether or not Council’s consideration of the matter could be improved by having members of the public or representatives of government departments with particular knowledge or expertise providing advice in a process separate to Council’s normal twice monthly meetings.

·      Whether or not the number and/or timing of decisions which need to be made in relation to a matter will require the delegation of authority to a Committee instead of decisions being made by Council at its normal twice monthly meetings.

·      Whether or not the consultative opportunities provided by a Committee may improve public participation in decision making over and above what could be achieved through Council’s normal processes for community engagement.

 

DISCUSSION:

 

A brief summary of Council’s Committees which have operated over the previous term are as follows:

 

Committee

Previous Councillors

Terms of Reference

Access Committee

Cr Jenvey

Cr Smyth

To develop and implement strategies which aim to ensure that the Nambucca Shire becomes an accessible community to all people, regardless of their abilities/ disabilities.

 

Arts Mid North Coast

 

Cr Jenvey – with Council requesting an alternative delegate with voting rights (Cr Smyth)

This is not a committee of council but rather a regional arts body which receives funding from Councils and the State Government and whose mission is to foster and support the creative arts on the Mid North Coast.

 

Audit, Risk & Improvement Committee

Cr Wilson

Mr Peter Lawry

Bellingen Shire Council Representative

Committee must review the following aspects of the Council’s operations: compliance, risk management; fraud control; financial management; governance; implementation of strategic plan, delivery program and strategies; service reviews; collection of performance measurement data by the Council; any other matters prescribed by regulation.

Australia Day Committee

General Manager

Clr Reed

Community Members

 

Organise selection Australia Day recipients and the Australia Day Ceremony

Business Advisory Committee

 

All Councillors

Ms Kerry Grace

Paula Davis, Kath Daley, Jessica Thew, Mickey Hawkes, Ian Moule, Rachel Ward, Anthony Burton, Michael Ettelson, Louise Robinson, Mark Scott, Tracy Saul, Jill Ashley, Mary Lawler, Matt Baker, Judy Ward, Libby Ussher, Nichole Murphie, Chris Knight, Glen Heaton, Monika Schuhmacher

 

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

 

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

 

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

 

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

 

Clean Energy Committee

 

Cr Jenvey

Cr Smyth

Cr Ballangarry

Dr Peter Sobey

Mr Michael Blockey

Mr Colin Wilson

Nambucca Valley Conservation Association

 

Advisory (non-voting) members Office of Environment & Heritage, Council staff)

 

To provide and recommendations to Council in respect of:

*The status of Council’s Climate Change Adaptation Plan

*The implementation of the Climate Change Adaptation Fund of the Environmental Levy

*Activities related to Council’s membership with  the Sustainability Advantage Program

*The sustainable management of Council assets

*Identifying opportunities for investment in green/sustainable enterprises

*Promoting capacity building & sustainability education in the community

*External funding applications/projects and programs related to sustainability.

 

Estuary & Coastline Management Committee

Cr Ainsworth (Chair)

Cr Finlayson

Cr Reed

And any other Councillor who wishes to attend.

(plus government department & community reps)

Provide overall guidance for future management of Nambucca LGA’s river estuaries, coastal floodplains, coastal zone and flood risk in accordance with the NSW Coastal Policy, Flood Policy, State Rivers and Estuary Policy and NSW Wetlands Policy.

 

Oversee various investigations and studies that are required to evaluate flood risk, coastal zone and estuarine management options.

 

Assist Council in the preparation of Flood, Estuary and Coastal Zone Management Plans for all Nambucca Shire’s estuaries and coasts in accordance with the State Government Flood, Coast and Estuary Management Manuals.

 

Explore opportunities and assist Council in obtaining funding for works and projects that are identified as scheduled actions in Flood, Estuary and/or Coastal Management Plans; deemed necessary to effect improved management of coastal and estuary systems prior to the development of such plans.

 

Act as an advisory body to Council on coastal and estuary issues.

 

Provide a forum for open discussion, debate and education on coast, flood and estuary issues.

 

Provide linkages to other natural resource management committees, the catchment management board and community/stakeholder groups.

 

 

General Manager’s Performance Review Committee

 

All Councillors

The Office of Local Government recommended that a Committee be appointed to review the General Manager’s performance.  Whilst Council has a Committee, the practice has been for the twice yearly review of the General Manager’s performance to be undertaken by the Council at a Council meeting.

 

Land Development Committee

 

All Councillors

The Council has an extensive property portfolio that comprises both operational and community land.  The portfolio requires strategic management.  The Committee has met infrequently, mainly because many property matters have been reported direct to Council meetings.

 

Library Service Strategic Plan Committee

 

Cr Smyth

Cr Jones

Cr Jenvey

 

To oversee the preparation of a 10 year Library Strategic Plan for the library service provided by Nambucca Shire Council

 

Local Traffic Committee

(please note that despite the name, the Committee is not a committee of Council but rather the RMS)

One Council rep – currently the Manager Technical Services

NSW Police

RMS

Local State Member of their nominee (Mr Barry Reed)

 

Primarily a technical review committee which is required to advise the Council on matters referred to it (as per the guide to the delegation to councils for the regulation of traffic). 

Lower North Coast Bushfire Management Committee

 

Cr Ainsworth

The Committee is responsible for the Lower North Coast Bushfire Risk Management Plan preparation and review for Kempsey and Nambucca LGA’s.  It meets quarterly.

 

Nambucca Bushfire Management Committee

 

Cr Ainsworth

 

The Committee is primarily concerned with planning for hazard reduction and meets about quarterly.

Nambucca Emergency Operations Centre Committee of Management

 

Cr Ainsworth

Cr Finlayson

This Committee meets once a year to review the management arrangements and floor space of the NEOC complex which is located at the rear of the Mary Boulton Cottage Museum (rear of Works Depot).

 

Nambucca Community and Arts Centre

 

Cr Smyth

Cr Ballangarry OAM

The name of the entertainment centre has now been changed to the, “Nambucca Community and Arts Centre” which more accurately reflects its functions.  Council has exercised its right to have delegates in attendance at Committee meetings.  The Committee has included two Councillor representatives as delegates.

 

NSW North Coast Weed Advisory Committee

 

Cr Ainsworth

Tim Woodward

The objectives of the Committee are to promote awareness of noxious and environment weeds, to recommend weed policy, and to educate and train people in all matters pertaining to weeds.  The Committee meets about quarterly.

 

Vehicular Access to Beaches Committee

 

Cr Ainsworth

Cr Finlayson

Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets to address the implementation of the policy including standard of access, signage, repairs to access, fees etc.  This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.

 

 

 

 

 

CONSULTATION:

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

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The main risk concerns the opportunity cost of Councillors and staff applying their limited time to supporting the operation of committees.  All committees need to be able to demonstrate that better outcomes were achieved through their deliberations than would have occurred without them.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The management of committees can require a significant commitment of staff time.  This arises out of the preparation and circulation of agendas, attending meetings, responding to questions and proposals from committee members as well as preparing and actioning minutes.  The commitment of staff time is a cost borne by the organisation so requires careful consideration.  Of course there are also time and expense costs incurred by committee members other than Council staff which also need to be considered.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.11    SF842              111018         Committees of Management Facilities and Events

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

Council has many Section 355 Committees managing Council facilities and also staging community events.  At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the Annual General Meeting (AGM) of each facility or event Committee of Management.

 

 

Recommendation:

 

That Council adopt the roster for attendance at the Annual General Meetings for Section 355 Committees.

 

 

 

DISCUSSION:

 

Councillors are, by virtue of their office (ex officio) entitled to attend all meetings of Committees of Council.

 

However, although Councillors may attend in an ex officio capacity they do not necessarily have a right to vote.  That right to vote attaches to the appointment as a representative or member or delegate as appropriate.

 

At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the AGM of each facility or event Committee of Management. 

 

The involvement of a Council representative in the AGM’s is valued by the Committees as it links them to Council’s administration and provides an opportunity to respond to any particular operational questions or problems they might have.

 

A suggested roster for the Council’s consideration is shown in the following table.  Whilst Council staff endeavour to ensure that Section 355 Committees provide adequate notice of their AGM’s, if a rostered person is unable to attend an AGM for whatever reason, then that person should organise a replacement.

 

COMMITTEE OF MANAGEMENT

ROSTER FOR AGM ATTENDANCE

Argents Hill Hall

Cr Susan Jenvey

Bowraville Sports Ground (Hennessy Tape Oval)    

Cr Martin Ballangarry OAM

Burrapine Public Hall

General Manager

Coronation Park

Cr Anne Smyth

Donnelly-Welsh Playing Fields

Cr John Ainsworth

EJ Biffin Playing

Cr Rhonda Hoban

Eungai District Memorial Hall

General Manager

Gordon Park Tennis Centre

Cr Anne Smyth

Grants Hall

Cr Martin Ballangarry OAM

Macksville Gift

Cr Janine Reed

Macksville Park and Sports

AGM Engineering Services

Macksville Tennis Courts

AGM Engineering Services

Mary Boulton Pioneer Cottage and Museum

Cr John Ainsworth

Missabotti Community Centre

Cr Susan Jenvey

Nambucca District Band

Cr Martin Ballangarry OAM

Nambucca District Historical Society & Museum

Cr Anne Smyth

Nambucca Community and Arts Centre

(formerly Nambucca Entertainment Centre)

Cr John Wilson

Nambucca Valley Netball Courts

General Manager

North Macksville Playing Fields & Soccer Club

General Manager

Scotts Head Sports Field

Assistant General Manager Corporate Services

Scotts Head Tennis Courts

Assistant General Manager Corporate Services

South Arm Hall

Cr Martin Ballangarry OAM

Talarm Hall and Welsh Pioneer Park

Cr Brian Finlayson

Taylors Arm Hall

Cr David Jones

Taylors Arm Sports Reserve

Cr David Jones

Tewinga Community Centre

Cr John Wilson

Unkya Reserve

General Manager

Utungun Community Hall

Cr Janine Reed

Valla Beach Tennis Club

Cr Rhonda Hoban

Valla Beach Community Association

Cr Susan Jenvey

Valla Public Hall

Cr Rhonda Hoban

Warrell Creek Public Hall

General Manager

We’re Here

Cr Wilson

 

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This report has no impact on the environment.

 

Social

This report has no social impacts.

 

Economic

This report has no economic impacts.

 

Risk

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are no direct or indirect financial impacts.

 

Source of fund and any variance to working funds

There are no variances to working funds.

 

Service level changes and resourcing/staff implications

There are no changes to service levels or staffing implications.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager

ITEM 9.12    SF2460            111018         LEP and DCP Amendment

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

Council previously resolved to proceed to exhibit amendments to the Nambucca Local Environmental Plan 2010 (LEP) and the Nambucca Development Control Plan 2010 (DCP). The amendments relate to horticulture within the R5 Large Lot Residential zone, the erection of dwellings within the rural and environmental protection zones, and the removal of vegetation within the Pearl Estate, Valla.

 

The public exhibition period ended on 31 August 2018 with 1 submission received relating to the removal of vegetation within the Pearl Estate.

 

This report addresses the submissions received and provides recommendations for Council to proceed to make the planning proposal and amend the DCP. Consideration of this report was deferred at Councils meeting on 27 September 2018.

 

Additional discussion has been added to address the Independent Planning Commissions decision of Bellingen Shire Councils planning proposal which included the regulation of horticulture within the rural and environmental protection zones.

 

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

 

 

Recommendation:

 

That Council:

 

1.   Make the local environmental plan as outlined within the planning proposal contained within attachment 3 in accordance with section 3.36(2) of the Environmental Planning and Assessment Act 1979.

 

2.   Approve the amendments to the Nambucca Development Control Plan 2010 as outlined in attachment 2, subject to the replacement of Part F with that contained within attachment 5.

 

3.   Provide delegation to the General Manager to determine permit applications made for the removal of vegetation within the Pearl Estate, Valla.

 

4.   Proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of rural zones in the Nambucca Local Environmental Plan 2010 and relocate to ‘permitted with consent'.  In addition to this, make ‘horticulture’ exempt development in the rural zones in Schedule 2 of the Nambucca Local Environmental Plan 2010 subject to specific controls to mitigate potential land use conflicts.

 

 

OPTIONS:

 

1.   Adopt the recommendations as above.

2.   Not proceed with the amendments to the LEP and DCP.

3.   Approve the DCP in accordance with the provisions of the draft DCP publicly exhibited.

4.   Approve the DCP with such alterations as the council thinks fit.

 

DISCUSSION:

 

At Councils meeting on 17 May 2018 a report was presented to Council recommending amendments to the LEP and DCP with regards to the permissibility of horticulture within the R5 Large Lot Residential zone, the erection of dwellings within the rural and environmental protection zones, and the removal of vegetation within the Pearl Estate, Valla. After consideration of that report the following resolution was made:

 

1        Subject to Paragraph (e) hereof, horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:

 

          a        Where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary.

 

         b        Where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.

 

          c        No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.

 

         d        When the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

 

          e        No development application will be necessary in respect of any horticultural activity in respect of a crop having a productive duration of less than twelve months.

 

2       The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.

 

3        No bird netting shall be erected in any area zoned R5 of a colour other than black.

 

4        S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements.

 

5        That Council defer any decision on regulating horticulture in the RU1 and RU2 zones until the outcome of a similar proposal put forward by the Bellingen Shire Council is determined by the Minister.

 

6        That Council support the amendments to regulate tree clearing in the Pearl Estate and the proposed changes to Clause 4.2A in relation to the erection of dwellings.

 

The draft DCP presented to Council was amended to reflect the changes to Part F required by the above resolution.

 

After receiving the gateway determination from the NSW Department of Planning and Environment on 19 July 2018 (attachment 1), the planning proposal was amended to reflect the required changes then publicly exhibited with the draft DCP from 2 August – 31 August 2018. A copy of the draft DCP and planning proposal have been included within attachments 2 and 3 respectively.

 

Public exhibition was undertaken by an advertisement within the local newspaper and notification to land owners within the Pearl Estate, the NSW Rural Fire Service and the NSW Department of Primary Industries. After the conclusion of the exhibition period 1 submission was received which has been included within attachment 4. No response was received from the public authorities. A summary of the submission received is as follows:

 

Matters Raised in Submission

Reporting Officers Comment

Support for the requirements for a permit to clear areas of vegetation within the Pearl Estate Valla.

Noted.

There should be greater communication from Council within regards to any approvals to clear within the Pearl Estate so surrounding residents are aware.

The impacts associated with the removal of the mapped vegetation are environmental. Having regard to this and that notification of applications results in a delay in determination, increased staff time processing applications, and increased costs to the applicant; it is not recommended that applications be notified.

It is alarming that Council has sought public opinion regarding the clearing of vegetation within the Pearl Estate given the public outcry since the establishment of the estate.

Public consultation is required under the Environmental Planning and Assessment Act 1979.

 

Prior to proceeding to amend the DCP, it is recommended that Council reconsider the proposed amendments to Part F with regards to rural buffers for horticulture within the R5 zone (clause F1.3.6). The reasons for this are that the buffers suggested by Council as part of its previous resolution are considered to be inadequate as they will be insufficient in protecting the predominant and preferred land use within the R5 zone (residential) and are inconsistent with each other, other controls relating to the rural zones, and the Department of Primary Industries recommended rural buffer standards. The buffers proposed by Council are within clause F1.3.6 are as follows:

 

1.   Where the lot on which the proposed horticulture adjoins another lot zoned RU1 or RU2 which does not contain an existing dwelling, no buffer will be required. No horticulture is permitted to be carried out within a radius of 100 metres of any existing dwelling, the 100 metres being measured from the dwelling, not the boundary.

2.   Where the property adjoins another lot zoned R5 which is vacant, no horticulture is permitted (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre wide vegetative buffer.

3.   No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been commenced.

4.   When the lot on which the horticulture is proposed adjoins a lot zoned R5 on which a dwelling is located, no horticulture will be permitted within a radius of 50 metres of that dwelling (such radius measured from the dwelling) and there shall be a 10m wide vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

The inadequacies with these are addressed as follows:

 

·      Clause 1 requires horticulture within the R5 zone to be 100m from an existing dwelling within the rural zones. Clauses 2 and 3 require horticulture within the R5 zone to be 60m from an adjoining building envelope within the R5 zone. Clause 4 requires horticulture within the R5 zone to be 50m from an existing dwelling within the R5 zone.

 

Not only are the above clauses inconsistent with themselves, they are also inconsistent with the buffer requirements in clause F1.3.2 of the DCP which requires new dwellings within the rural and environmental zones to be 150m from horticultural land uses, or 80m with a 40m wide vegetated buffer.

 

The inconsistency of having a reduced rural buffer requirement for horticulture within the residential zone compared to what is required within the rural and environmental zones will result in the latter becoming redundant. This is because Council is required to be flexible when applying development controls within a DCP when there is a reasonable alternative solution. Given the DCP accepts that there would be no land use conflict within a residential zone if horticulture was setback 50m from a dwelling, it would be considered unreasonable to then say that there would be a conflict if it was located within 150m or 100m (whichever control is applied).

 

This would assist in fragmenting rural land uses and intensify potential conflict within the rural zones, which would result in negative impacts on primary production. Please note that if Council sets a standard within a DCP Council cannot require an applicant to comply with a more onerous standard as part of a development application.

 

·      The Living and Working in Rural Areas’ handbook was prepared by the NSW Department of Primary Industries as a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast. The handbook recommends the rural buffers between horticultural land uses and dwellings be at least 200m. Alternatively, the NSW Department of Primary Industries recommends that a Land Use Conflict Risk Assessment (LUCRA) be undertaken to determine the most suitable buffer to minimise potential conflict. The majority of Councils along the north coast have adopted the handbooks recommended rural buffers within their DCPs, while others have adopted provisions requiring a LUCRA to be prepared for each application to assess the potential risk.

 

It is considered that setting a specified minimum rural buffer as a clause within the DCP makes it clear to the community what Councils requirements are. Should there be other factors such as topography or type of horticultural activity which would facilitate a reduced buffer, this could be considered as part of the development assessment process given that Council must be flexible in how it applies its controls contained within the DCP.

 

Given the proposed controls are significantly lower than those recommended in the handbook, Councils existing controls, and controls imposed by surrounding Councils without any supporting information demonstrating how the buffers were derived; explaining Councils rationale behind the reduced buffer distances to those residents who will most likely object to future development applications could prove problematic.

 

Having regard to the above, in order to remove the inconsistencies, it is recommended to delete the proposed clauses 1-4 within F1.3.6 of the draft DCP (outlined above) and replace with a requirement to comply with the requirements of the ‘Living and Working in Rural Areas’ handbook. This would ensure Council is consistent with current industry standards imposed by other Councils, would allow variation to reduced buffers where appropriately justified (LUCRA) as supported by the NSW Department of Primary Industries, would provide greater protection for primary production within the rural zones, and provide a clearer path for compliance for potential applicants looking to establish horticulture or construct a dwelling. The recommended amendments have been outlined as track changes within attachment 5.

 

It is not recommended that Council have varying buffer requirements between horticulture and dwellings in different zones because no matter what the zone is, the uses and the potential impacts are the same.

 

Additional Discussion

At Councils meeting on 17 May 2018 the following resolution was made:

 

          “That Council defer any decision on regulating horticulture in the RU1 and RU2 zones until the outcome of a similar proposal put forward by the Bellingen Shire Council is determined by the Minister.”

 

Bellingen Shire Councils planning proposal included requiring development consent for horticulture within the rural and environmental protection zones. It also made horticulture exempt development within these zones except for blueberry farms which did not satisfy proposed controls. The controls related to buffers to lot boundaries and riparian areas, avoidance of core Koala habitat, and the use of black netting.

After the Minister determined as part of the gateway process that the planning proposal should not proceed, Bellingen Shire Council lodged a review application with the Independent Planning Commission (the commission). After a review of the Ministers gateway determination, the Commission found that the planning proposal was not inconsistent with section 117 directions as provided by the Minister and that there is merit in managing the environmental impacts associated with horticulture (nutrient runoff, spray drift, buffers, etc.). However, the Commission did not consider that the planning proposal provided adequate justification or merit in amending the Bellingen Local Environmental Plan 2010 to regulate one form of horticultural production (blueberries), when that horticultural production is unlikely to be the sole contributor to the environmental impacts raised by Council. For this reason the Commission confirmed that the planning proposal should not proceed.

 

As previously reported to Council, it is recommended that Council regulate all forms of horticulture within the rural and environmental protection zones, not just blueberry farms. The intention of regulating the location of horticultural land uses is to mitigate potential land use conflicts and environmental impacts. In order to do this in a manner which meets the intent of regulation without capturing every horticultural activity within the development assessment process; it is proposed to include exempt development controls which if complied with, would make the horticultural activity exempt development.  Please note that if a horticultural activity did not comply with the exempt development controls formulated by Council; it would mean a development application would need to be lodged with Council seeking approval for the activity. It is part of this process in which the landowner could seek to justify encroaching within specified buffer distances, use alternate coloured netting, etc.

 

It is considered that this approach will still permit the vast majority of horticultural land uses to be undertaken without requiring development consent (subject to Councils resolution on exempt controls). However, it will enable Council to regulate those horticultural land uses which encroach within recommended rural buffer distances. This is considered to be particularly important to mitigate the potential impacts on the large amount of existing ‘rural residential’ style developments which currently exists within Councils rural zones.

 

As such it is recommended that Council proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the rural zones within the NLEP and relocate to ‘permitted with consent’. In addition to this, make ‘horticulture’ exempt development in the rural zones in Schedule 2 of the NLEP subject to specific controls to mitigate potential land use conflicts.


CONSULTATION:

 

Senior Town Planner

Coordinator Strategic Planning & Natural Resources

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommended amendments will have any adverse environmental impacts.

 

Social

 

It is not considered that the recommended amendments will have any adverse social impacts.

 

Economic

 

It is not considered that the recommended amendments will have any adverse economic impacts.

 

Risk

 

Not implementing the recommendations would weaken Councils ability to defend an appeal against a refusal of a development application for the continued use of an unlawful dwelling as clause 4.2A of the LEP could not be relied on; inconsistent approaches could be implemented into development consents to minimise the land use conflicts associated with horticulture; and vegetation identified to be retained as part of a development consent could be removed without any ability for regulation.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Working funds – justification for urgency and cumulative impact

NA

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

34643/2018 - Gateway Determination

 

2

34644/2018 - Draft DCP

 

3

36855/2018 - Planning Proposal

 

4

34647/2018 - Submission

 

5

36856/2018 - Recommended PART F

 

  


Ordinary Council Meeting - 11 October 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting - 11 October 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting - 11 October 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting - 11 October 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.13    SF2165            111018         Ecohealth Monitoring Study and Report - Outcomes

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources         

 

Summary:

 

The purpose of this report is provide Council with the results of Ecohealth Monitoring Report completed for the Nambucca LGA during the 2016-17 period.

 

 

Recommendation:

 

That Council note the results of the Ecohealth Monitoring Program.

 

 

OPTIONS:

 

Nil.

 

DISCUSSION:

 

Council received $82,000 from the Office of Environment and Heritage to be matched with Environmental Levy funds during the 2016-18 period to prepare the Nambucca Ecohealth Report. The project was completed in July 2018.

 

The project was managed by the University of New England, in association with Department of Industries (fisheries).

 

Representatives from UNE presented the results of the monitoring program to the last Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee meeting. By adopting the minutes of the last committee meeting Council has endorsed the following recommendations:

 

That Council incorporate recommendations of the Nambucca Ecohealth Project in future plans and strategies relating to the coast and estuary.

 

That Council use the information contained in the Nambucca Ecohealth Project to support future funding programs and resources.

 

The below is an extract from the abstract of the document.

 

Summary

 

The program will provide valuable information assist in future natural resource management.

 

The development of a standardised means of collecting, analysing and presenting riverine, coastal and estuarine assessments of ecological condition has been identified as a key need for coastal Local Councils who are required to monitor natural resource condition, and water quality and quantity in these systems. Thirty-one study sites were selected across the Nambucca River and Deep Creek catchments; 18 freshwater sites and 13 estuarine sites and these were sampled 6 times from July 2016 to June 2017 to contribute to the assessment of the ecological condition of the catchment.

 

The Nambucca Ecohealth program was divided into six major hydrological units across nine sub-catchments: Nambucca River (North Arm), tributaries of the Nambucca North Arm, Taylors Arm, tributaries of Taylors Arm, Warrell Creek and Deep Creek. The project aimed to:

 

 Assess the health of coastal catchments using standardised indicators and reporting for estuaries, and freshwater river reaches using hydrology, water quality, riparian vegetation and habitat quality,

 

 

1.   geomorphic condition and macroinvertebrate assemblages as indicators of aquatic ecosystem health, and

 

2.   Contribute scientific information to the development of a report card system for communicating the health of the estuarine and freshwater systems in the Nambucca River and Deep Creek catchments.

 

Report Card

 

The Overall Grade for the Nambucca Ecohealth program was C-, ranging from an F in Tom Maras Creek, to a C+ in Warrell Creek. Overall Ecohealth grades were very consistent among the nine subcatchments, with aquatic macroinvertebrates and geomorphic condition the most variable across the program. Water quality scores were consistently poor across the catchment, driven by high nutrient concentrations and low dissolved oxygen, both indicative of the below average streamflow experienced during the study period. Riparian and geomorphic scores were relatively consistent among and within each system, highlighting that issues with physical condition are affecting the long-term condition of the streams.

 

The factors taken into consideration to determine the overall grade were scored as follows:

 

Geomorphic condition (river bank condition) – Moderate

Riparian condition (river bank vegetation) – Moderate

Water Quality – Poor

Macro-invertebrates (aquatic invertebrates) – Poor

Freshwater Fish – Good

 

A Regional Perspective

 

The study is a standalone assessment for the Nambucca Shire however the Ecohealth monitoring and reporting methodology has been used throughout the north coast area and Nambucca LGA has provided comparable results to other catchments.

 

Nambucca LGA C-

Coffs Harbour C-

Bellingen River B-

Kalang River C-

Macleay River C-

Port Hastings Shire C

Clarence River C+

Richmond River D-  

 

Has the Drought effected the results?

 

It is notable that during the monitoring period the catchment experienced below average stream flow which may have negatively influenced the water quality scores across the catchments.

 

What activities are recommended to Improve on existing conditions?

 

The report recommends management priorities for individual sampling locations and subcatchments. These will be used to guide future activities in our environmental management programs. The recommended activities include management actions such as weed monitoring/management; stock exclusion, riparian re-vegetation; bank stabilisation; improved connectivity among other things.

 

What projects are being undertaken to improve conditions?

 

Council with in association with other agencies has several projects in the planning phase ready to commence this financial year. These include several bank stabilisation and riparian management projects and Dawkins Park water quality improvements.

 

As many of these projects typically involve the bed of a river or creek (which is recognised as Crown Land), they require approval/license from the Crown. They also require a permit from NSW Fisheries. This is quite a complicated and time consuming process.

 

Staff have recently written to the Crown requesting that they consider and in perpetuity license or approve to undertake a number of activities on Crown Land including ‘Environmental Protection Works’. Such an approval would simplify the process. At the time of writing this report staff had not received a response.

 

CONSULTATION:

 

Office of Environment and Heritage

University of New England

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Ecohealth Monitoring Program will provide Council and other government agencies with an overview of the health of the Nambucca River and its tributaries. The results will provide a consistent measure of the health with other riverine systems in the Mid-North Coast area.

 

The program will provide valuable information assist in future natural resource management.

 

Social

 

It is important to understand the health of Councils natural assets as they are important contributor to social and economic sustainability

 

Economic

 

It is important to understand the health of Councils natural assets as they are important contributor to social and economic sustainability.

 

Risk

 

Nil. The report is simply providing an update on the program and an overview of the preliminary results.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The program was funded through the Environmental Levy and the Office of Environment and Heritage. The results of the ecohealth program will be used to guide future actions and programs funded by the Environmental Levy and grant funding.

 

Working funds – justification for urgency and cumulative impact

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.14    SF2423            111018         Undetermined Development Applications either greater than 12 months or where submissions received to 3 October 2018

 

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

 

Summary:

This report contains information in relation to Development Applications which have been undetermined for over 12 months and undetermined Development Applications which have received submissions.

 

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 undetermined Development Applications either greater than 12 months or where submissions received to 3 October 2018 be noted by Council.

 

 

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

 

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

 

TABLE 2: UNDETERMINED DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/125

13 June 2018

Alterations to existing caravan park

Lot 162 DP 755560, 26 Swimming Creek Road, Nambucca Heads

Two submissions have been received.

STATUS: Being assessed. Objection received from applicant re non-compliance with Sections 91 & 94 of relevant regulation. It has been forwarded to DPE for their concurrence.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2006/142 - modification

14 June 2018

19 Lot Residential Subdivision

Lot 2 DP 1214814, Grandview Drive, North Macksville

One late submission has been received.

STATUS: Being assessed – referred to the RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/173

27 August 2018

Continued Use of Garage & Caravan Shelter

Lot 3 DP 21766, 23 Taylors Arm Road, Upper Taylors Arm

One submission has been received.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/179

4 September 2018

Cafe

Lot 13 Sec F DP 20823, 7 Adin Street, Scotts Head

Two submissions have been received.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/189

19 September 2018

Change of Use – Bed & Breakfast

Lot 1561 DP 776629, 30 South Bank Road East, Eungai Rail

One submission has been received.

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.15    SF2423            111018         2018 September - 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 September 2018 as at 3 October 2018.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for September 2018 be noted and received for information by Council.

 

 

Attachments:

1

36504/2018 - Approved Construction Certificates and Complying Developments - September 2018

 

  


Ordinary Council Meeting - 11 October 2018

2018 September - Approved Construction and Complying Development Certificates

 

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Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.16    SF2423            111018         2018 September - Development Applictions 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 September 2018 as at 3 October 2018.

 

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in September 2018 be received for information.

 

 

Attachments:

1

36505/2018 - Received Development Applications and Complying Developments - September 2018

 

  


Ordinary Council Meeting - 11 October 2018

2018 September - Development Applictions and Complying Development Applications Received

 

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Ordinary Council Meeting                                                                                               11 October 2018

General Manager's Report

ITEM 9.17    SF2513            111018         Request for Donation - Bowraville Central School - BroSpeak Program

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

Council has received a request for a Section 356 donation to assist Bowraville Central School with the delivery of the BroSpeak program this year. This program targets male Aboriginal students at the school with intensive support and leadership development.

 

 

Recommendation:

 

That Council approve a Section 356 donation of $500.00, to assist Bowraville Central School with the delivery of the BroSpeak Program.

 

 

OPTIONS:

 

Council can resolve not to donate.

 

DISCUSSION:

 

The Bowraville Central School is delivering this program, which is fully endorsed by the NSW Aboriginal Education Consultative Group and the Department of Education, and involves targeting the male Aboriginal students at the school for intensive support and leadership development. The aim is to build the capacity of these young men to be future leaders in their community.

 

Bowraville Central School has utilised some funding to train a teacher at the school, Mr Josh Le Cerf, and a young Gumgaynggirr man, Ricky Buchanan, in the delivery of the BroSpeak program.

 

The overall aim is for this project to be on-going into the future. In order for the program to be successful further funding support is required.

 

A copy of the emailed request from Josh Le Cerf, Science Teacher at Bowraville Central School, is contained in the body of this report, and Information on the BroSpeak Program is an attachment.

 

Council has a capped limit for donations of $500 and currently has sufficient funds in the Donations Budget for 2018/2019 to support a donation of this amount.

 

An up to date extract from the Donations Register is attached to this report - and a donation of $500.00 to Bowraville Central School, if approved, would leave the budget with a balance of $15300.90.

 

From: Josh Le Cerf < josh.lecert1@det.nsw.edu.au

Sent: Tuesday, 11 September 2018 9:41 AM

To: Council

Subject: Bowraville Central School BroSpeak Program

 

Hello,

 

I am writing on behalf of the students of Bowraville Central School with a request for some funding support from Council. I would appreciate if this request could be passed on to Mayor Hoban and also Mr. Coulter. Thankyou.

 

Bowraville Central School will be running a program called BroSpeak for the remainder of this year and we are seeking donations to support us in doing so. The program is fully endorsed by the NSW AECG and the Department of Education and involves us targeting the male Aboriginal students at our school for intensive support and leadership development. The aim is to build the capacity of these young men to be future leaders in their community. I have attached document gives a brief overview of the program, it is also worth Googling 'Brospeak' and having a quick look. The potential benefits to our shire and community from the implementation of this program are great.

 

BCS has utilised funding to train myself and a young Gumbaynggirr man named Ricky Buchanan in the BroSpeak program so that we can begin delivering it to our students this year. The aim is that the program will be on-going and run again next year and into the future.

 

In order for this to be successful we require some funding support, and as such we are approaching council in the hope that you are able to support the future Gumbaynggirr Leaders in our community by offering a contribution towards the running of BroSpeak. We would appreciate any amount that is possible and we would of course make it known in the community that council saw fit to support our school and its students in this way. It is, in no uncertain terms, an investment in the long term well-being of our whole shire.

 

I look forward to hearing back from you with any questions or comments you may have.

 

Thankyou in advance.

 

Josh Le Cerf

Science Teacher

Bowraville Central School

High Street Bowraville NSW 2449

Ph:02 65647162  Fax:02 65647801

 

CONSULTATION:

 

Mayor

General Manager

Grants & Contributions Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment

 

Social

 

Council's donation would assist this school in the delivery of a very new and innovative program for young Aboriginal male students.

 

Economic

 

There are no economic issues.

 

Risk

 

There is no risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds are currently available from Council's 2018/2019 donation budget.

 

Source of fund and any variance to working funds

 

No impact on working funds.

 

 

 

Service level changes and resourcing/staff implications

 

There is no impact on service level changes or resourcing/staff implications.

 

Attachments:

1

35641/2018 - Information on the BroSpeak Program

 

2

35651/2018 - Extract from Donations Register as at 26/09/2018

 

  


Ordinary Council Meeting - 11 October 2018

Request for Donation - Bowraville Central School - BroSpeak Program

 

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Ordinary Council Meeting - 11 October 2018

Request for Donation - Bowraville Central School - BroSpeak Program

 

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Ordinary Council Meeting                                                                                               11 October 2018

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1031            111018         Governance and Governance Assurance Frameworks

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

In accordance with Internal Audit Governance recommendations the Governance Framework and the Governance Assurance Framework have been developed and are attached for the consideration of Council. Both frameworks have been considered by the Internal Audit, Risk and Improvement Committee and are now referred to Council for adoption.

 

 

Recommendation:

 

That the attached Governance Framework and the Governance Assurance Framework be adopted.

 

 

OPTIONS:

 

1        The frameworks be adopted

2        The frameworks be amended

3        The frameworks not be adopted

 

 

DISCUSSION:

 

This Corporate Governance Framework has been developed to ensure compliance with legislation and best practice local government. It provides an overview of the governance program that has been put in place in order to assist elected members, management and employees in meeting their governance responsibilities. It is also a handy guide for community members to access and understand the various governance areas of Council.

 

The Governance Assurance Framework details how Council will obtain assurance regarding the extent to which Council is adhering to its commitment to good governance as set out in the adopted Governance Framework Document.

 

The frameworks are not legislatively required to be placed on public exhibition.

 

A Policy and Procedures Framework is currently under development and will be presented to Council in the near future.

 

 

CONSULTATION:

 

Adopted frameworks from Interstate and overseas councils.

Internal Audit, Risk and Improvement Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

 

Social

 

Not applicable

 

 

Economic

 

Not applicable

 

Risk

 

Adherence to the various elements of the frameworks will substantially reduce Council’s overall risk in the governance area.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable

 

Working funds – justification for urgency and cumulative impact

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

36854/2018 - Draft Governance Framework

 

2

36853/2018 - Draft Governance Assurance Framework

 

  


Ordinary Council Meeting - 11 October 2018

Governance and Governance Assurance Frameworks

 

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Ordinary Council Meeting - 11 October 2018

Governance and Governance Assurance Frameworks

 

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Ordinary Council Meeting                                                                                               11 October 2018

Assistant General Manager Corporate Services Report

ITEM 10.2    SF1031            111018         Payment of Expenses and Provision of Facilities to Councillors

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

A minor addition has been made to the attached policy, highlighted in yellow on Page 8.and states:

 

In relation to conferences and seminars, where such costs are paid by Council and the Councillor does not attend the conference or seminar the Councillor shall be personally liable to repay to Council all non-refundable amounts paid by Council.  Where the Councillor believes there are extenuating circumstances for non-attendance the Councillor may apply to Council to have such repayment waived.”

 

 

Recommendation:

 

That Council adopt the revised Payment of Expenses and Provision of Facilities to Councillors Policy (TRIM 36001/2018).

 

 

OPTIONS:

 

1    Council adopt the change.

2    Council amend the change.

3    Council not adopt the change.

 

 

DISCUSSION:

 

There may be instances where Council will be liable for additional travel and accommodation costs due to non-attendance at a conference or seminar by a Councillor(s) without good reason and this addition to the policy will ensure that Council will not be left out of pocket should it occur in the future.

 

The addition is only minor and does not need to be placed on public display for 28 days. The policy document has also been reformatted in accordance with the new policy template.

 

 

CONSULTATION:

 

General Manager

Policies of other councils

 

 

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 addition to the policy may have a positive impact on Council’s costs of attending conferences and seminars.

 

Working funds – justification for urgency and cumulative impact

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

36001/2018 - Payment of Expenses and Provision of Facilities to Councillors Policy

 

  


Ordinary Council Meeting - 11 October 2018

Payment of Expenses and Provision of Facilities to Councillors

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

 POLICY No

 

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

 

1.0      Policy objectives

 

The objectives of this policy are to:

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

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

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

Ÿ  ensure facilities and expenses provided to Councillors meet community expectations

Ÿ  support a diversity of representation

Ÿ  fulfil the Council’s statutory responsibilities.

 

 

2.0      Related legislation

Relevant legislation and guidance:

Ÿ Local Government Act 1993, Sections 252 and 253

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

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

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

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

 

Related Council policies:

Ÿ Code of Conduct

3.0      Definitions/Principles

 

                             The following definitions apply throughout this policy.

Term

Definition

accompanying person

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

appropriate refreshments

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

Act

Means the Local Government Act 1993 (NSW)

clause

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

Code of Conduct

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

Councillor

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

General Manager

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

incidental personal use

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

long distance intrastate travel

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

maximum limit

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

NSW

New South Wales

official business

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

·      meetings of council and committees of the whole

·      meetings of committees facilitated by council

·      civic receptions hosted or sponsored by council

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

professional development

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

Regulation

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

year

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

 

 

 

 

Council commits to the following principles:

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

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

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

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

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

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

 

4.0      Policy Content

 

4.1    Introduction

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

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

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

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

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

 

4.2     Private or Public Benefit

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

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

            4.2.3  Such incidental private use does not require a compensatory payment back to Council.

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

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

            4.2.6  production of election material

            4.2.7  use of Council resources and equipment for campaigning

            4.2.8  use of official Council letterhead, publications, websites or services for political benefit

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

4.3    Expenses

4.3.1         General expenses

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

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

4.3.2    General travel arrangements and expenses

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

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

Ÿ  for public transport fares

Ÿ  for the use of a private vehicle or hire car

Ÿ  for parking costs for Council and other meetings

Ÿ  for tolls

Ÿ  by Cabcharge card or equivalent

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

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

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

4.3.3    Interstate, overseas and long distance intrastate travel expenses

4.3.3.1      Council will scrutinise the value and need for Councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the Council and the local community. This includes travel to sister and friendship cities.

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

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

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

4.3.3.5 The case should include:

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

Ÿ  who is to take part in the travel

Ÿ  duration and itinerary of travel

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

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

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

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

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

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

 

4.3.4   Travel expenses not paid by Council

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

4.3.5    Accommodation and meals

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

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

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

4.3.5.4 The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the general manager, being mindful of Clause 4.3.5.3.

4.3.5.5 Councillors will not be reimbursed for alcoholic beverages.

4.3.6         Refreshments for council related meetings

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

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

4.3.7   Professional development

4.3.7.1 Council will set aside $2,500 per Councillor and $3,500 for the Mayor annually in its budget to facilitate professional development of Councillors through programs, training, education courses and membership of professional bodies.

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

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

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

Ÿ  details of the proposed professional development

Ÿ  relevance to Council priorities and business

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

4.3.7.5 In assessing a Councillor request for a professional development activity, the general manager must consider the factors set out in Clause 4.3.7.4, as well as the cost of the professional development in relation to the Councillor’s remaining budget.

 

4.3.8  Conferences and seminars

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

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

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

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

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

4.3.8.4 Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences approved by the general manager. Council will also meet the reasonable cost of meals when they are not included in the conference fees. Reimbursement for accommodation and meals not included in the conference fees will be subject to Clauses 4.3.5 and 4.3.6

.

4.3.9    Information and communications technology (ICT)  expenses

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

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

Ÿ  receiving and reading council business papers

Ÿ  relevant phone calls and correspondence

Ÿ  diary and appointment management.

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

4.3.10 Special requirement and carer expenses

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

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

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

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

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

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

4.3.11  Home office expenses

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

4.3.12  Insurances

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

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

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

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

4.3.13  Legal assistance

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

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

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

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

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

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

4.3.13.4      Council will not meet the legal costs:

Ÿ  of legal proceedings initiated by a Councillor under any circumstances

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

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

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

 

            Expenses Summary

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

 

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

 

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

 

In relation to conferences and seminars, where such costs are paid by Council and the Councillor does not attend the conference or seminar the Councillor shall be personally liable to repay to Council all non-refundable amounts paid by Council.  Where the Councillor believes there are extenuating circumstances for non-attendance the Councillor may apply to Council to have such repayment waived.

 

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

 

 

 

 

 

 

 

 

Expense or facility

Maximum amount

Frequency

General travel expenses

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

Per year

Interstate, overseas and long distance intrastate travel expenses

Not applicable.

Per year

Accommodation and meals

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

Per meal/night

Professional development

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

Per year

Conferences and seminars

Included in professional development.

Per year

ICT expenses

$960 per Councillor

Per year

Carer expenses

$500 per Councillor

Per year

Home office expenses

Nil

Per year

Postage stamps

Nil

Per year

Christmas or festive cards

Nil

Per year

Access to facilities in a Councillor common room

Nil

Not relevant

Council vehicle and fuel card

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

Not relevant

Reserved parking space at Council offices

Nil

Not relevant

Furnished office

Provided to the Mayor

Not relevant

Number of exclusive staff supporting Mayor and Councillors

Nil

Not relevant

 

 

 

 

 

           

 

            4.4    General Facilities for all Councillors

 

4.4.1   Facilities

Council will provide the following facilities to Councillors to assist them to effectively discharge their civic duties:

Ÿ  personal protective equipment for use during site visits

Ÿ  a name badge which may be worn at official functions, indicating that the wearer holds the office of a Councillor and/or Mayor or Deputy Mayor.

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

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

4.4.2    Stationery

Council will provide the following stationery to Councillors each year:

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

Ÿ  business cards

 

4.4.3      Administrative support

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

As per Section 4.2, Council staff are expected to assist Councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.

4.5   Additional facilities for the Mayor

4.5.1    Council will provide to the Mayor a maintained vehicle to a similar standard of other council vehicles, with a fuel card. The vehicle will be supplied for use on business, professional development and attendance at the mayor's office.  The Mayor can only obtain incidental private benefit from the use of this vehicle.

4.5.2    The Mayor must keep a log book setting out the date, distance and purpose of all travel. This must include any travel for private benefit. The log book must be submitted to council on a monthly basis.

4.5.3    The Mayoral allowance will be reduced to cover the cost of any private travel recorded in the log book, calculated on a per kilometre basis by the rate set by the Local Government (State) Award.

4.5.4    A parking space at council’s offices will be reserved for the Mayor’s council-issued vehicle for use on official business, professional development and attendance at the Mayor’s office.

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

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

4.5.7    The number of exclusive staff provided to support the Mayor and Councillors will not exceed 0 full time equivalents.

4.5.8    As per Section 4.2, the 0 staff in the Mayor’s office are expected to work on official business only, and not for matters of personal or political interest, including campaigning.

 

 

5.  Related Procedures or Documents

Approval, payment and reimbursement arrangements

5.1     Expenses should only be incurred by Councillors in accordance with the provisions of this policy.

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

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

Ÿ  local travel relating to the conduct of official business

Ÿ  carer costs

Ÿ  ICT expenditure.

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

Direct payment

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

Reimbursement

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

Advance payment

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

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

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

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

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

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

Notification

5.11   If a claim is approved, Council will make payment directly or reimburse the Councillor through accounts payable.

5.12   If a claim is refused, Council will inform the Councillor in writing that the claim has been refused and the reason for the refusal.

Reimbursement to council

5.13   If Council has incurred an expense on behalf of a Councillor that exceeds a maximum limit, exceeds reasonable incidental private use or is not provided for in this policy:

Ÿ  Council will invoice the Councillor for the expense

Ÿ  the Councillor will reimburse Council for that expense within 14 days of the invoice date.

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

Timeframe for reimbursement

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

Disputes

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

5.17   If the Councillor and the general manager cannot resolve the dispute, the Councillor may submit a notice of motion to a Council meeting seeking to have the dispute resolved.

Return or retention of facilities

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

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

5.20   The prices for all equipment purchased by Councillors under Clause 5.19 will be recorded in Council’s annual report.

Publication

5.21   This policy will be published on Council’s website.

Reporting

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

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

Auditing

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

Breaches

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

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

 

 

6.0      History

 

 

 

Department:

Corporate Services

Last Reviewed

Resolution Number

Policy Category

Council

31 Aug 2017

436/17

Endorsed By:

General Manager

 

 

Approval Authority

Council

 

 

Policy Owner

AGMCS

 

 

Contact Officer

AGMCS

 

 

Document No.

24861/2017

 

 

First Adopted

 

 

 

Resolution No:

 

 

 

Review Date:

30 Sept 2019

 

 

 

 

 


Ordinary Council Meeting                                                                                               11 October 2018

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1415            111018         Minutes of the Audit, Risk and Improvement Committee

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary