NAMBUCCA SHIRE COUNCIL

ORDINARY COUNCIL MEETING - 4 JUNE 2009

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 21 May 2009

5 Notices of Motion

5.1 Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

6 DELEGATIONS (if any)—Motion to hear Delegations

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports March 2009

9.2 Grant Application Status Report - 4 June 2009

9.3 Debriefing on 31 March/1 April Flood Event

9.4 Review of the Tourism Function

9.5 Integrated Planning and Reporting - Release of Draft Legislation and Mandatory Guidelines

9.6 Maintenance of Funding for Headspace Mid North Coast

10 Director Environment and Planning Report

10.1 Outstanding DA's >12 months, applications where submissions received & not determined 26 May 2009

10.2 Report on the release of Bonds for Macs'con PTY LTD

10.3 Aboriginal Community Advisory Committee AGM

10.4 Aboriginal Community Advisory Committee Meeting

10.5 Report on the request for nominations to Joint Regional Planning Panels

10.6 Naidoc Week - 5 July to 12 July 2009

11 Director Engineering Services Report

11.1 Road Naming - Reynolds Lane, Macksville

11.2 Mid North Weight of Loads Membership - Agreement 1 July 2009 to 30 June 2010

11.3 DA 2007/800 Pacey Street Construction

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

12.1 Employment Lands Strategy

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.

12.2 Tender T003/2009 - Management and Operation of Macksville Memorial Aquatic Centre

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

12.3 Lease of Shop 3 - 74 High Street, Bowraville - Bowraville Pharmacy

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

12.4 Re-submitted - Council Owned Buildings for Public Use - Essential Fire Measures

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

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

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

Ordinary Council Meeting

4 June 2009

Notice of Motion

ITEM 5.1 SF1269 040609 Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

AUTHOR/ENQUIRIES: John Ainsworth, Councillor

Summary:

The elderly and people with a disability wishing to cross Wallace Street in the Macksville central business district (CBD) can only cross Wallace Street safely at the traffic lights at the intersection of Wallace Street with Cooper Street (Pacific Highway).

A pedestrian crossing at the top end of Wallace Street in the vicinity of the Supermarket would enable the elderly and people with a disability to cross Wallace Street safety rather than trying to “flit” through traffic.

Even though traffic in the Macksville CBD is 50 kph this is still considered very fast particularly for the elderly. A 40 kph speed limit is recommended and in keeping with traffic conditions in Bowra Street, Nambucca Heads.

Recommendation:

1 That Council approve the installation of a pedestrian crossing on Wallace Street Macksville in front of the Supermarket.

2 That Council request the Traffic Committee to investigate the introduction of 40 kph speed limit on Wallace Street in the Macksville central business district.

OPTIONS:

That Council not approve the installation of a pedestrian crossing.

That Council not agree with the Traffic Committee investigating the introduction of 40 kph speed limit.

DISCUSSION:

Elderly people in particular find it difficult and unsafe to cross Wallace Street at the western end of the Macksville central business district (CBD) due to the often heavy and/or fast traffic flow. Currently the only option for a relatively safe crossing is at the traffic lights at the corner of Wallace Street and Cooper Street (Pacific Highway). However, this is often not suitable for the elderly as it is quite a walking distance from the Supermarket or Arcade particularly if shopping bags need to be carried or a walker or shopping trolley pushed.

A local resident, has written to Council requesting the installation of a pedestrian crossing and a drop in the speed limit to 40 kph in the Macksville CBD, in keeping with that provided in Bowra Street Nambucca Heads. Copy of letter is attached.

Our Shire has many elderly residents and if Council is promoting shopping locally then it needs to take into consideration of the aged and disabled community.

CONSULTATION:

There has been no further consultation.

SUSTAINABILITY ASSESSMENT:

Environment

There is no implication on the environment.

Social

A pedestrian crossing in the vicinity of the Supermarket on Wallace Street, Macksville would provide a safe crossing for the elderly and people with disabilities. The slowing of traffic in this area would contribute to road and pedestrian safety.

Economic

Better access to shopping on both sides of Wallace Street may provide an upturn in money spent by residents in shopping locally.

Risk

The risk to Council may be that if these requests are ignored Council may be liable in the case of an accident caused to fast flowing traffic and no pedestrian crossing.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Not known.

Source of fund and any variance to working funds

Not known.

MANEX COMMENT

A pedestrian crossing in the vicinity of the supermarket greatly impacts on parking spaces in Wallace Street. A copy of a plan showing a proposed pedestrian crossing is attached.

The views of organisations such as the Macksville and District Chamber of Commerce and Industry should be sought.

A 40 kph zone in a commercial area such as the one in Bowra Street Nambucca Heads is a “High Pedestrian Zone” and requires overall consideration of the affected street as slowing devices such as speed humps are often required at the start points.

Attachments:

1View	9695/2009 Letter from Shirley Sanders
2View	12832/2009 Map of Wallace Street

Ordinary Council Meeting - 4 June 2009 Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

Attachment 1 9695/2009 Letter from Shirley Sanders

Ordinary Council Meeting - 4 June 2009 Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

Attachment 2 12832/2009 Map of Wallace Street

Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.1 SF959 040609 Outstanding Actions and Reports March 2009

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

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.

No	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER	ACTION BY	STATUS
SEPTEMBER 2007

JUNE 2008

1

SF793

05/06/08

NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches. The meeting with Dave Mitchell was held on the 25 March 2009 and as a result Council determined a number of actions: 1 That a letter be written to the Minister for Primary Industries seeking legislation that enables enforcement of the Code of Conduct for Ocean Haul Fishermen. 2 That information be sought on the success or otherwise of having a Professional Fishermen's Motor Vehicle Beach Access Permit. 3 That the Department of Primary Industries Representative raise the concerns of Nambucca Shire Council at the next meeting of the Ocean Haul Operators Management Advisory Committee. 4 That the Department of Primary Industries be asked to provide temporary signage on the beach that advises the public that Beach Haul fishing is underway with reference to the Department of Primary Industries Website.

DES

Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries. Ongoing discussions with DPI. DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council. Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March. David Mitchell has spoken to local commercial operators re Council concern. Request for feedback sought from Kempsey Shire Council on the Professional Fishermen’s Permit Scheme. Minister’s representative considering Council’s comment on a legislated Code of Conduct. Season is late this year, expected late May. The Department of Primary Industries will respond to any issues. The Department of Primary Industries will be issuing guidelines that include the beach signs. Floods have impacted on this year’s season. Mullet prices are low. Likely to be little impact this year.

JULY 2008

2

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

GM

Letter sent 15/07/08. Follow up letter sent 14/11/2008. Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim. Follow up letter sent 9 April.

3

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding. Outcome of grant expected early December but not yet received. Funding declined. Work on preparing plan to be scheduled. Interested parties will need to identify potential uses for inclusion in revised plan of management. Local cricket and soccer associations to be contacted regarding use of the fields.

OCTOBER 2008

4

RF256

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

DES

Subject to GHD undertaking evaluation. Separate assessments underway for: 1 Riverside Drive Bank Stability: Jason Cottages. Report received. 2 Ellis Ave & Doyle Lane Landslips: Awaiting further survey. 3 Riverside Drive Road Stability(West): GHD doing final review of report. Letter sent requiring report by 12 June 09 4 Catchment Assessment: Report being prepared by GHD.

NOVEMBER 2008

5

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

GM

Report November 2009

6

SF42

20/11/08

That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.

DEP

16 April 2009 Matter deferred as AIBS and DEPA are currently investigating the consequences of this circular.

DECEMBER 2008

7

SF688

4/12/08

That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

DEP

Programmed for September 2009.

8

18/12/08

Alliance Tender for the Provision of a Corporate Software System That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.

GM

MIT consulting with tenderers. Tender evaluation to occur April/May 2009.

9

SF1046

18/12/08

That the Wellington Drive component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

DEP

Report March 2009. Deferred in Draft Budget. 16 April 2009 meeting. Deferred until draft Nambucca River Master Plan prepared.

JANUARY 2009

10

SF62

15/01/09

Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial period of 2 years.

GM

Tender documentation currently being advertised – closed 16 April 2009. To be reported to Council’s meeting on 21 May 09. Deferred to 4 June 2009.

11

PRF53

15/01/09

Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.

DES

Quotations being sought. Late March. Deferred to May 2009. Deferred to June 2009.

12

PRF53

15/01/09

DES to enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.

DES

Letter sent to the Manly Hydraulics Laboratory. The Dept of Commerce have advised that Council in 1981 raised no objection to the Department of Public Works proposal to install an automatic recorder after consideration of the approximate location and type of structure, The site is important because of the consistency with historical data. An alternative building or structure must still use the same site. Letter sent re standard of building required.

FEBRUARY 2009

13

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES. To include pedestrian and vehicular access arrangements and management of environmental values.

DES

October 2009

14

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

DES

DES to meet Country Energy to discuss further.

15

SF1031

19/02/09

That a report be brought to Council on its capacity to keep electronic information long term and in a fail safe condition.

GM

MIT to report in July 2009.

MARCH 2009

16

SF1297

5/03/09

That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.

DEP

Letters to be prepared and sent. Letters sent 16 March 2009. Response from DECC received (see attached).

17

DA09/049

5/03/09

The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

DES

Letter sent. No response as at 24 March 2009. RTA advised 6 April 2009 that they will review and advise Council of outcome.

18

DA09/061

5/03/09

That Council review the Carparking Section 94 plan for Nambucca Heads..

GM

Target report to Council in July 2009.

19

SF1269

5/03/09

That Council investigate the purchase of privately owned industrial land adjoining the Macksville industrial estate.

GM

Cost of feasibility study being investigated. Report by April 2009. Quotes being obtained from consultants. Report May 2009. Chasing up quotes. See item in confidential business paper 4/6/09

20

SF791

19/03/09

Proposed sale of old Gumma Road sanitary depot be deferred to allow for further investigation of prior use.

GM

Report to next Land Development Committee meeting.

21

SF791

19/03/09

That a report go back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

GM

Report to come back following advertising.

22

SF1301

19/03/09

Council hold 1 workshop for Section 355 Committees to explain information package and to discuss any issues or concerns the Committees may have in relation to their operations.

GM

Workshop being organised for 5.00pm Wednesday 3 June 2009. Letters sent to Committees 6 May 2009.

23

SF744

19/03/09

Council receive a report on the released bond for the Wia-Ora sand and gravel quarry.

DEP

Report targeted for presentation prior to end of May 2009. (21 May meeting) Deferred to June 2009 to incorporate possible calling in of bonds. See item in business paper.

APRIL 2009

24

SF939

2/04/09

Views of Chambers of Commerce, Nambucca Valley Tourism and High Schools be sought as to proposed marketing slogan and billboards and alternative suggestions

GM

To be reported back in August 2009

25

SF871

16/04/09

That the future of the Pioneer Community Centre be subject to a further report to Council in 3 months time following receipt of any proposal from the CoM to retain the building. Also Council seek the flat be vacated and obtain insurance details.

GM

Report in August 2009. Letter sent 20/4/09 to CoM requesting that the flat be vacated and requesting insurance details. Committee of Management wish to be provided with reasons as to why the flat should be vacated (verbal advice to GM on 22/5/09).

26

SF959

16/04/09

Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.

GM

A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan. Report to be completed by June 2009. Subcommittee to report by March 2010.

27

SF1305

16/04/09

Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009. Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.

GM

Letters sent 21 April 2009. Follow-up letter sent 28 May 2009.

28

SF1075

16/04/09

That Council seek a legal opinion on how it should advise the effect of the NSW Government Policy Statement on sea level rise under question 7 on a planning certificate and also specific advice as to a disclaimer.

DEP

Letter sent to Deacons on 20 April 2009. Response expected by 22 May 2009

28

RF477

16/04/09

That Council write to Coffs Harbour and Bellingen Councils seeking a joint inspection of the Coffs Coast Waste Facility

DES

Letter of request forwarded on 1 May 2009. Date set for 2.00 pm on 28 June 2009.

30

SF444

16/04/09

That the revised road hierarchy plan, incorporating a grading program be deferred to the next GPC meeting with Councillors to provide any comments to Acting DES within 7 days.

DES

Report to GPC 17 June 2009.

31

SF901

16/04/09

That the report on Council owned buildings for public use – essential fire measures be deferred to the next Council meeting for a report on the inconsistencies with maintenance costs for halls.

DES

Report 7 May 2009. To be considered in March quarterly budget review. Report to 4/6/09.

MAY 2009

32

SF959

07/05/09

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

DEP

To be reported 21 May 2009. Deferred to June 2009 to enable all options to be considered. See item in business paper 4/6/2009.

33

SF639

07/05/09

That the staffing of the Department of Environment and Planning be reviewed in 6 months or upon resignation of any professional staff member, whichever occurs first.

GM

Report November 2009

34

SF639

07/05/09

Council receive a report relating to the need for administrative support across the organisation.

GM

July 2009

35

SF21

07/05/09

Council investigate the implementation and costs of an effluent management system at the saleyards

GM

August 2009

36

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

DES

November 2009

37

SF1213

07/05/09

Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.

GM

November 2009

38

SF1213

07/05/09

Council review the cycleway plan so as to ensure its funding requirements are realistic.

DES

December 2009

39

SF1213

07/05/09

Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

GM

September 2009

40

SF1343

07/05/09

Council staff to undertake preliminary investigations in regard to bidding for the land (Thistle Park).

GM

21 May 2009 (in closed) Letter of offer sent to Minister for Education on 25 May 2009.

41

SF1269

21/05/09

Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.

DES

Letter sent 28 May 2009.

42

SF1261

21/05/09

That Council undertake an onsite inspection of DA2009/127 (McDonalds) once the plans have been finalised.

DEP

43

SF820

21/05/09

That the draft tree planting program for 2009/10 be referred to Council for its consideration.

DES

Report July 2009

53

DA 2007/244

21/05/09

That there be a report to the GPC on Section 138 Roads Act issues including damage to footpaths and other matters.

DEP

Report to July 2009 GPC

44

SF1231

21/05/09

Use of Road Reserves and public land for commercial, community and charitable activities – that there be a further report to consider items 1-6 in the letter from the Chamber of Commerce.

DEP

Report in August 2009. Meeting scheduled for 5.00 pm 16 June 2009 with Chambers of Commerce.

45

SF452

21/05/09

Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.

DES

Local DECC office advised by letter of Council’s intention. Formal proposal for Minister being prepared.

46

SF452

21/05/09

Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.

DES

Report to July 2009.

47

QWN256

21/05/09

Thank you to Ray Hadley re Thistle Park when matter with Dept of Education has been finalised

GM

Letter of offer sent to Minister of Education sent 25 May 2009.

Attachments:

1View

12182/2009 Item 16 - Response letter from DECC

Ordinary Council Meeting - 4 June 2009 Outstanding Actions and Reports March 2009

Attachment 1 12182/2009 Item 16 - Response letter from DECC

Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.2 SF706 040609 Grant Application Status Report - 4 June 2009

AUTHOR/ENQUIRIES: Jenny Chance, Grants Officer

Summary:

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

Recommendation:

That the list of grant programs and their status to 25 May 2009 be received.

APPROVED GRANTS—SECURED BY GRANTS OFFICER

Grant	Funding Amount	Description
NSW Maritime – Maritime Infrastructure Program	$53,220	Pontoon and Gangway at Lions Park, Ferry Street – Macksville. Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads.
NSW Blackspot Program	$34,000	Pedestrian refuge at Bowra Street, Nambucca Heads.
Department of Families, Housing, Community Services and Indigenous Affairs – Volunteers Grants Program	$11,179	Nambucca District Little Athletics – Computer, camera and filing cabinets. Nambucca Heads Junior Rugby League Football Club – Coffee maker and a step ladder. Nambucca Heads Touch Football – Computer and a photocopier.
NSW Attorney General’s Department – NSW Crime Prevention Grant	$54,527	Program to assist licensed premises to implement strategies towards a safer environment for women.
Department of Planning - NSW Coastline Cycleway Grants Program	$75,000	Funding for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads.
Department of Climate Change – Local Adaptation Pathways Program	$140,000	Funding to assist councils to integrate climate change risk assessment into their broader decision-making processes. Joint application between Nambucca, Kempsey and Bellingen Shires.
Department of Sport and Recreation – Capital Assistance Program	$8,600	Nambucca Tennis Club lighting upgrade.
TOTAL	$376,526

SUBMITTED APPLICATIONS

	Grant Program	Action		Grant Details and Status
1	Department of Community Services (NSW) – Area Assistance Scheme Funding basis: Fully Funded up to $110,000 Opens: Applications Submitted Closed: 10 October 2008 Outcome: Successful applications to be announced mid 2009 Grant 1:$45,000 Council contribution: $3,200 (in-kind) Grant 2:$110,000 Council contribution: $0.00 Grant 3:$30,700 Council contribution: $0.00 Grant 4:$24,761 Council contribution: $0.00	GO	The Area Assistance Scheme (AAS) is a regional community development program run by the Communities Division, NSW Department of Community Services. The AAS provides grants to local Councils and non-government not-for-profit organisations for projects that improve community well being and how communities function. The AAS works within a whole-of-government framework to deliver its outcomes. In 2008/09 the AAS will funds project between $10 000 and $110 000. Council submitted or assisted in the following applications: 1) Argents Hill Hall – Improvements to hall including general maintenance and structural works. 2) Marine Rescue Building – Funding towards the construction of a new building for the Nambucca River Marine Rescue services to store 2 boats, other equipment and provide training and use of a meeting room. 3) Warrell Creek Hall – Improvements to hall including insulating part of the building and adding exhaust fans, new floor coverings in kitchen, refurbishing of stage area, fencing and boundary restoration works, new footpath, water tank, installation of alarm device for the septic overflow tank, new bbq, shade area and picnic tables. 4) Unkya Reserve – Improvements including new switchboard, safety circuit breakers, power points and lights to resolve safety and power overloading issues, replacement of old canteen roof and guttering, water tank and plumbing equipment, tiling in canteen and toilet block.

2	Department of Families, Housing, Community Services and Indigenous Affairs – Volunteers Grants Program Funding basis: Fully Funded up to $5,000 Opens: Applications Submitted Closed: 19 October 2008 Outcome: Applications 1, 2 and 3 Successful, Application 4 Unsuccessful Grant 1:$3,030 Council contribution: $0.00 Grant 2:$4,950 Council contribution: $0.00 Grant 3:$ 3,199 Council contribution: $0.00 Grant 4:$ 4,990 Council contribution: $0.00	GO	Eligible organisations can apply for grant funding ranging from a minimum of $1,000 up to a maximum of $5,000. An organisation applying for a grant under the Volunteer Grants Program 2008 must be an Australian, not-for-profit organisation that is a legal entity, engaging volunteers, whose work directly benefits Australian communities. Council assisted with four applications: 1) Nambucca District Little Athletics – Funding to purchase computer, camera and filing cabinets. 2) Nambucca Heads Junior Rugby League Football Club – Funding to purchase a coffee maker and a step ladder. 3) Nambucca Heads Touch Football – Funding to purchase a computer and a photocopier 4) E J Biffin Playing Fields - Funding to purchase a ride-on-mower
3	NSW Sport and Recreation – Capital Assistance Program Funding basis: 1:1 basis Opens: Application Submitted Closed: 14 November 2008 Outcome: Successful applications to be announced Mid 2009 Grant 1:$8,600 Council contribution: $0.00 Grant 2:$21,000 Council contribution: $0.00 Grant 3:$30,000 Council contribution: $0.00 Grant 4:$14,341 Council contribution: $0.00	GO/ MBS	NSW Sport and Recreation (the Agency) offers the Capital Assistance Program for the development of local level facilities with the maximum grant available being $30,000. Eligible applicants are those from local government authorities and incorporated not-for-profit organisations wishing to develop facilities that will increase participation in sport, recreation and physical activity. Local government authorities must submit applications on behalf of their committees e.g. Section 355 Committees. Council assisted with four applications: 1) Nambucca Tennis Club – Lighting Upgrade 2) Macksville Tennis Club – Court surface upgrade 3) Nambucca Valley Bridge Club – Funding towards new club house. 4) Scotts Head Bowling and Recreation Club – Installation of lights at bowling green.

4	Department of Local Government – Playground Upgrades Funding basis: Fully Funded up to $20,000 Opens: Application Submitted Closed: 21 November 2008 Outcome: Successful applications announcement date yet to be advised Grant: $20,000.00 Council contribution: $0.00	GO/ MBS	A total of $2 million has been made available over two years. Round 1 grants for 2008/09 have been allocated and councils are now invited to apply for Round 2 grants for 2009/10. The grants will only be available for local government and must be used to either provide new playground facilities and/or equipment or upgrade existing playground facilities and/or equipment. Councils must utilise grants received for playground projects on land which is council-owned or managed. Funded playground projects must be free to use and publicly accessible. Projects will be funded in 2009/10 to a maximum of $20,000. All councils in NSW are eligible and encouraged to apply for funding under the program. There is a limit of one project application per council. Councils which were successful in receiving a grant under Round 1 of the Playground Equipment Upgrade may also submit an application under Round 2. An application was submitted to install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.
5	NSW Department of Planning – NSW Coastline Cycleway Grants Program Funding basis: 1:1 Opens: Application Submitted Closed: 19 December 2008 Outcome: Successful $75,000 approved Grant 1:$128,250 Council contribution: $128,250	GO/ MTS	This program provides grants to non-metropolitan coastal councils to improve cycling facilities by developing and implementing the NSW Coastline Cycleway route. Councils can apply for dollar-for-dollar grants for projects on the defined NSW Coastline Cycleway route. Application submitted for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads

6	Local Adaptation Pathway Program Grant – Round 2 - Expression of Interest Funding basis: Fully Funded Opens: Successful Closed: 25 February 2009 Outcome: Successful applications announcement date yet to be advised Grant: $140,000 Council contribution: $0.00	GO/ ECO/ SP	Through the Local Adaptation Pathways Program, the Australian Government is providing funding to help councils undertake climate change risk assessments and develop action plans to prepare for the likely local impacts of climate change. Worth up to $500,000, Round 2 of the Local Adaptation Pathways Program seeks to complement and build on the work from Round 1. While all applications will be considered, this round of funding seeks to improve participation from local governments in Outer Regional, Remote and Very Remote regions. Consortia of councils are also encouraged to apply. For Round 2, the Program will provide local governments with grants of up to: · $75,000 (GST exclusive) for a single Council · $120,000 (GST exclusive) for two (2) Councils · $140,000 (GST exclusive) for three (3) or more Councils. The funding will help councils integrate climate change risk assessment into their broader decision-making processes. A joint application has been submitted from Nambucca Shire Council, Kempsey Shire Council and Bellingen Shire Council. Further information has been submitted upon request of the Department.
7	National Emergency Volunteer Support Fund – Emergency Management Australia (EMA), the Division within the Attorney-General's Department. Funding basis: Fully Funded Opens: Application Submitted Closing: 6 March 2009 Outcome: Successful applications announcement date yet to be advised Grant: $150,000 Council contribution: $0.00	GO	The National Emergency Volunteer Support Fund focuses on emergency management volunteers in recognition of their needs and the significant front line role they play in reducing vulnerability and enhancing community safety. To ensure ongoing protection of communities it is critical that all volunteer agencies maintain their current levels of staffing and training. The Australian Government is offering funding in 2009/10 through the National Emergency Volunteer Support Fund for projects which specifically address the recruitment, retention and training of volunteers. Application submitted by Nambucca River Volunteer Marine Rescue Squad.

8	Country Halls Renewal Fund Funding basis: 2:1 Opens: Currently Open Closing: Always Open Outcome: Grant 1: $TBA Council contribution: $TBA Grant 2: $12,754.13 Council contribution: $6,377.07 Grant 3:: $17,052.00 Council contribution: $4,556.00	GO	$2.5 million over 5 years towards renewing country halls. The fund will be delivered by the Office of Rural Affairs. Applications are currently being prepared for: 1) Argents Hill Hall – Repairs 2) Nambucca Entertainment Centre – External painting 3) Taylors Arm Hall – Kitchen, flooring and windows Notice of the program has been distributed to the Committees of Management for the halls
9	Norman Wettenhall Foundation Funding basis: Fully Funded up to $10,000 Opens: Application Submitted Closing: 31 March 2009 Outcome: Successful applications announcement date yet to be advised Grant 1: $10,000 Council contribution: $0.00	GO	Support is given to projects that enhance or maintain the vitality and diversity of the Australian natural living environment. The objectives of the Foundation are: · to build capacity in local communities to effect long-term beneficial change in the natural environment · to support and encourage research into, and monitoring of, all aspects of Australia's natural environment · to support education relating to our natural environment · Principles Wherever possible, funded projects will: · be innovative and serve as a model for future projects · show collaboration with other groups, particularly community groups · result in long term improvement of the natural environment · indicate clearly, and thoughtfully, how advice of the project's outcomes will be shared Pre-approval to lodge a submission has been received for funding towards seating and signage for the Crosswinds Wetlands Reserve. An application has been submitted.

10	The Department of Infrastructure, Transport, Regional Development and Local Government – Indigenous Road Safety Grants Funding basis: Fully funded up to $30,000 Opens: Application Submitted Closing: 27 March 2009 Outcome: Grant: $30,000 Council contribution: $20,000		The Department of Infrastructure, Transport, Regional Development and Local Government is now inviting applications for Indigenous Road Safety Grants for 2009-2010. One or more grants up to a total of $30,000 will be awarded to applicants for projects that will help improve road safety for Indigenous people. Application forms and detailed information about the grants are available from the Department’s website. Objectives The grant is offered as a means to: · encourage innovative and worthwhile initiatives to help reduce road trauma affecting Indigenous people; and · increase the range of initiatives available to address road safety for Indigenous people. An application has been prepared to fund engineering works, informative signage at Bellwood and a children's safety booklet.
11	Department of Environment and Climate Change – NSW Climate Change Fund – Public Facilities Program Funding basis: Fully funded Opens: Application prepared Closing: 30 April 2009 Outcome: TBA Grant: $463,515 Council contribution: $14,040 (in-kind)	GO	$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries. Eligibility criteria Applications are open to providers of non-profit public or educational facilities for projects which: § publicly demonstrate how water and/or energy savings can work § stimulate investment in innovative ways to save, harvest and recycle water and/or reduce overall energy consumption (and related greenhouse emissions) and/or peak electricity demand. Activities which are eligible for funding under the Public Facilities Program include, but are not limited to: § education activities which have the potential to increase the adoption of efficient technologies and practices § projects which improve the efficiency of buildings and appliances § projects which reduce peak electricity demand § projects which reduce the demand for electricity or water supplied from electricity or water supply networks, e.g. cogeneration, fuel switching, water recycling, stormwater harvesting. An application submitted for funding towards lighting and air conditioning system upgrade in Council’s Administration Building and six outdoor solar lights. This is complimented with funding towards a free community globe promotion and an educational information sheet.
12	Australian Government – Caring for our Country funding Funding basis: Fully funded Opens: Application submitted Closing: 6 March 2009 Outcome: TBA Grant: $100,000 Council contribution: $14,000	GO	Caring for our Country funding The Australian Government is now calling for investment proposals for projects that will meet the targets outlined in the Caring for our Country business plan 2009-10. Caring for our Country is an Australian Government initiative that seeks to achieve an environment that is healthy, better protected, well managed and resilient, and provides essential ecosystem services in a changing climate. The Australian Government is seeking investment proposals for landscape-scale projects that achieve one or more targets in specific geographic locations or key assets. Projects can be large, medium or small: · large-scale projects in the order of $20 million over four years · medium-scale projects of up to $3 million per annum (a value of $2-3 million would be expected for most medium-scale projects) · small-scale projects of between $20,000 and $100,000 per annum. Council is working together with Landcare to submit an application that includes weed removal, field days, workshops and other on ground works and will involve a small devolved grant scheme for land owners and community groups.
13	Local Infrastructure Support Fund – Building the Country Package – Department of State and Regional Development – Expression of Interest Funding basis: Fully Funded Opens: Application submitted Closing: 20 March 2009 Outcome: TBA Grant: $100,000 Council contribution: $0.00	GO	$52 million over 5 years supporting infrastructure projects that are directly linked to economic development opportunities. The fund will be delivered by the Department of State and Regional Development. Application submitted for infrastructure works at Macksville Saleyards.

14	NRMA – Community Grants Program Funding basis: Fully funded up to $5,000 Opens: Application submitted Closing: 25 March 2009 Outcome: TBA Grant 1: $4,998 Council contribution: $0.00 Grant 2: $5,000 Council contribution: $0.00	The Community Grants Program provides funding to support community and not for profit organisations that are making our communities safer, particularly in the areas of crime prevention, road safety, emergency readiness and response, and the environment. 1) Funding towards solar hot water system at EJ Biffin Fields 2) Funding towards production of brochure for Crosswinds
15	Jobs Fund Funding basis: Fully funded Opens: Application submitted Closing: 22 May 2009 Outcome: TBA Grant 1: $4,500,000 Council contribution: $TBA Grant 2: $441,350 Council contribution: $75,000	The Jobs Fund is a $650 million Australian Government initiative to support and create jobs and increase skills through innovative projects that build community infrastructure and increase social capital in local communities across the country. Through the Jobs Fund the Government will invest in one-off capital projects and provide seed funding for social enterprises. The Jobs Fund is a temporary resource. The aim of the Jobs Fund is to produce long-term improvements in communities affected by the global economic downturn. The Jobs Fund projects will focus on directly generating jobs for people in communities with already high unemployment levels, rising jobless rates or which are particularly vulnerable. 1) Funding towards Nambucca Sewerage Treatment Plant upgrade 2) Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

Environmental Restoration and Rehabilitation Grants Funding basis: Fully Funded up to $100,000 Opens: Currently Open Closing: 29 May 2009 Outcome: TBA Grant: $100,000 Council contribution: $0.00

The aim of the Restoration and Rehabilitation (R&R) program is to facilitate projects to prevent or reduce pollution, the waste stream or environmental degradation of any kind, run by community organisations and State and Local government organisations. Through these projects, we also aim to improve the capacity of communities and organisations to protect, restore and enhance the environment. The Objectives of the Environmental Restoration and Rehabilitation Program are:  to restore degraded environmental resources, including rare and endangered ecosystems  to protect important ecosystems and habitats of rare and endangered flora and fauna  to prevent or minimize future environmental damage to enhance the quality of specific environmental resources to improve the capacity of eligible organisations to protect, restore and enhance the environment to undertake resource recovery and waste avoidance projects and to prevent and/or reduce pollution. Application currently being prepared for Macksville Saleyards

FUNDING PROGRAMS RECENTLY OPENED OR SOON TO BE RELEASED — FOR INFORMATION

	Grant Program	Action	Status
1	Building the Country Package Funding basis: Various Opens: Currently Open Closing: Various		Building the Country Package announced by the Rees Government.  The funding programs are designed to support people who live and work in country areas.
2	Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) – Ministry of Transport Funding basis: Fully Funded Opens: Currently Open Closing: 25 June 09		The Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) is administered by the Ministry of Transport. It provides support funding to improve the amenity of passenger transport infrastructure in rural, regional and remote communities of NSW Who Can Apply? Local government, incorporated community organisations, transport operators and other interested organisations that have a current Australian Business Number are eligible.
3	Arts NSW – Project Funding Funding basis: Various Opens: Currently Open Closing: 6 July 2009		Project Funding through application All eligible applicants can apply for Project Funding through the application process set out in the 2010 Arts Funding Program Guidelines. Funding is offered for four specific purposes: Capital – A contribution of up to 50 per cent towards the development of arts and cultural infrastructure that increases access to purpose-designed and well-managed facilities, including multi-purpose facilities and hubs. up to $100,000 but funding up to $250,000 may be considered in exceptional circumstances; Creation and/or Presentation – Support for any stage in the creative development and/or public presentation of arts and cultural work. – up to $30,000 for a creative development, or – up to $30,000 for a public presentation, or – up to $60,000 for an application including both creative development and public presentation; Performing Arts Touring – Support for greater access to professional performing arts programs throughout NSW. No limit; Strategic Industry Development – Support for projects with sustainable long-term outcomes for the development of the arts and cultural industry in NSW. Up to $50,000 per annum.

4

Regional Arts Fund Funding basis: 1:1 Opens: Currently Open Closing: 14 August 2009

Categories for the Regional Arts Fund include: 1 New Initiatives This category assists groups to undertake projects in any art form that: extend knowledge, participation and/or development of arts and culture within communities; address cultural themes or issues of significance in local communities; are initiated by and with the community; provide opportunities for collaboration and skills development of locally based arts workers. 2 Partnerships This category assists groups to undertake projects in any art form that: assist in the development of sustainable cultural networks; promote partnerships that support community and cultural exchange; have long-term arts and community cultural development outcomes for communities; are initiated by and with the community. Partnerships can be with the non-arts sectors and specific target groups either within communities, between towns, within regions or across the state. Each partner must fulfill the eligibility criteria.   It is expected that each partner contributes equally to the project through skills, financial and / or in-kind assistance.  Priority will be given to projects that identify and create new partnerships and projects in which the partnerships are important in promoting sustainability.

For Council’s information, as at 25 May 2009, the Grants Officer has applied for 45 grants totalling $9,363,529. Of that total Council has been notified that grants in the amount of $376,526 have been successfully approved. The remainder are still to be determined.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.3 SF1333 040609 Debriefing on 31 March/1 April Flood Event

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

There has been a debriefing on Council’s response to the flood event on 31 March/1 April 2009. Some issues were identified in relation to communication with the Mayor; the publicising of road closures and openings; working hours; environmental issues arising out of the clean up and the disposal of flood debris at the Waste Depot.

Recommendation:

1 That Council request that the Department of Environment and Climate Change and other Departments associated with flood emergencies agree on a protocol for emergency clean up work.

2 That the General Manager’s Delegations of Authority be amended to allow fee exemptions for the disposal of waste arising out of natural disasters such as floods, storms and bushfires.

OPTIONS:

Council has options in how it responds to emergencies, both during and immediately after the event. Where the Displan (Local Disaster Plan) is activated there is a more structured response. This report concerns recent flood events which did not require the activation of the Displan.

DISCUSSION:

On 18 May the Mayor, General Manager, Director Engineering Services, Senior Overseer and the Engineering Services Executive Assistant met to discuss a number of issues which arose out of the flood event on 31 March/1 April 2009. The matters discussed and the conclusions reached were as follows.

Communication with Mayor

Unlike the situation in the Bellingen Valley and at Coffs Harbour, this flood event was not of sufficient scale for the Police commander to activate the Local Emergency Management Committee and the Displan (Local Disaster Plan). Whilst this provided some advantage to Council operations in retaining key staff in the Administration building rather than at the NEOC building, communication was more fragmented, with the information flow to the Mayor often not keeping pace with demands from the public and media for information and comment.

In such emergencies where the Local Emergency Management Committee has not been convened it is proposed that those Council staff directly involved in relief efforts, and particularly the Senior Overseer, communicate directly with the Mayor in relation to the status of the emergency and the relief work.

Announcing Road Closures/Openings

The agency responsible for closing and opening roads is responsible for publicising the fact. Whilst it is generally Council undertaking these procedures, this is not always the case. Part way through the emergency it was identified that there was no readily accessible information on the status of roads and bridges and which were closed or open. At that stage the Executive Assistant undertook to place information on the status of roads and bridges on the front page of Council’s website. This was a great initiative and organised at very short notice. However it was agreed that back up assistance from other Executive Assistants would be required to manage incoming phone calls from residents, as well as from the SES and Council staff whilst the posting of new information to the website took place.

Occupational Health and Safety Issues – Working Hours

It was agreed that all staff involved in the emergency need to be aware of not exceeding continuous working hours without the required break.

Environmental Issues in Clean Up

In undertaking work to open bridges, roads and in emergency clean up, there were complaints directed at Council staff for ignoring environmental legislation. In particular, to open Lanes Bridge at Bowraville, an excavator was used to lift flood debris from the bridge and place it on the downstream bank. If this debris had to be cleared by hand and trucked away, the opening of the bridge would have been many hours later.

Silt which has been deposited on roads and bridges is also hosed off by the Fire Brigade at the request of Council and also by residents.

Given the turbidity of a flooded river it may be argued that such emergency work does not constitute pollution, however it would be desirable for the Department of Environment and Climate Change and other associated Departments such as Fisheries to agree on a protocol for emergency clean up works.

Lack of “Ownership” of Rivers

There are matters concerning the river, responsibility for which seems to fall between the organisations which have regulatory involvement. An example is the removal of dead cows from waterways and beaches. Another is the removal of flood debris including plastic drums and trays from oyster leases as well as logs and vegetation from beaches. Where there is a natural disaster declaration such clean up works will be funded, however it is unclear who is responsible for the work. As Council is the authority with the most local staff it is recommended that it oversee such work in consultation with the Waterways Authority who are responsible for navigation.

Disposal of Flood Debris at Waste Depot

Following the February flood, the General Manager permitted residents to deposit flood debris at the waste depot at no charge. The fee exemption was subject to an assessment by Council’s Waste Management Officer of the debris to be removed and a voucher being provided for the quantity of material to be deposited. This worked satisfactorily and was also applied for the clean up of the March/April flood.

It is recommended that the General Manager’s Delegations of Authority be amended to permit this practice.

CONSULTATION:

There has been consultation with the Mayor, Senior Overseer, Director Engineering Services, and Engineering Services Executive Assistant.

SUSTAINABILITY ASSESSMENT:

Environment

The implications for the environment are discussed in the report.

Social

There are social issues caused by isolation. It is important that roads and bridges are opened as quickly as possible.

Economic

In terms of minimising costs and business recovery it is important that roads and bridges are opened as quickly as possible.

Risk

There are many risks in dealing with emergencies such as floods. This report considers some of these risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage it is difficult to determine what impact the flood events will have on Council’s budget. If the natural disaster grant scheme operates as it should then there should be minimal impact on Council’s budget.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.4 SF639 040609 Review of the Tourism Function

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council has been providing staffing assistance to Nambucca Valley Tourism Inc. to the value of approximately $30,000 per annum for tourism marketing activities as well as funding of $20,000 per annum.

This support for marketing is in addition to the cost of operating the Visitor Information Centre. The Visitor Information Centre which is staffed by a part time co-ordinator (21 hours/week) plus 23 regular volunteers and 8 casual volunteers operates at a net cost to Council of $81,400 per annum.

Council does not have sufficient staff resources to maintain the staffing assistance for marketing, ie the $30,000 identified above.

Recommendation:

That Nambucca Valley Tourism be advised that Council cannot continue to provide the previous level of staffing assistance for marketing and that enquiries for assistance with particular projects be made directly to the General Manager.

OPTIONS:

If Council wishes to provide additional staffing support for tourism, then the source of funding will need to be identified.

DISCUSSION:

Council has been providing staffing assistance to Nambucca Valley Tourism Inc. to the value of approximately $30,000 per annum for tourism marketing activities as well as funding of $20,000 per annum. The work in tourism marketing has arisen mainly as a consequence of the O’Neill Report which is providing $ for $ funding for 3 years based on approved six monthly marketing strategies. So far two strategies have been prepared. An issue with the additional marketing money is that both Nambucca Valley Tourism and Council have to be members of Mid North Coast Tourism which is an additional cost of $2,500 per annum. Previously only Council was a member.

This support for marketing is in addition to the cost of operating the Visitor Information Centre. The Visitor Information Centre which is staffed by a part time Co-ordinator (21 hours/week) plus 23 regular volunteers and 8 casual volunteers operates at a net cost to Council of $81,400 per annum.

Council does not have sufficient staff resources to maintain the staffing assistance for marketing, ie the $30,000 identified above. There is the possibility that future expenditure will be more focussed at the regional level rather than for a specific LGA. This would reduce the required staffing commitment, however Nambucca Valley Tourism should be advised that the previous level of staffing assistance cannot be maintained.

CONSULTATION:

There has been consultation with affected staff.

The proposal has been referred to Nambucca Valley Tourism Inc. for their comment. They have previously advised that Council should be committing additional resources to tourism promotion and management, not less.

The central issue is really about who should be driving tourism marketing in the Nambucca Valley. This issue was identified in the Tourism Strategy prepared in 2007. Council has in the past exercised “defacto” leadership but Nambucca Valley Tourism Inc. has recently become more active and involved in marketing initiatives. The preference for “standing alone” in terms of tourism management and marketing, as opposed to an alliance with an adjoining Council or the Coffs Coast poses additional financial challenges.

It should be noted that in the Customer Satisfaction Survey conducted in 2007, tourism and tourism promotion were ranked as activities of low importance and high satisfaction.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

The economic implications cannot be readily determined. An evaluation of the benefit of the additional marketing expenditure provided by the O’Neil report is to be undertaken.

Risk

There are no particular risks to Councils. The matter concerns the allocation of resources.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be a budgetary impact if the existing level of staffing support is maintained as it will require additional part time or casual staff.

Source of fund and any variance to working funds

At this stage there are no implications for working funds.

Attachments:

Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.5 SF42 040609 Integrated Planning and Reporting - Release of Draft Legislation and Mandatory Guidelines

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

On 11 May 2009, the Department of Local Government released for comment draft legislation and mandatory “guidelines” for integrated planning and reporting.

In essence given the existing requirements, the new legislation will require additional planning documents being a Community Strategic Plan and Resourcing Strategy.

As a means of managing a level of government the legislation is commendable. The Planning and Reporting “Guidelines” and the Planning and Reporting Manual represent current “best practice”.

However at the broadest level, Councils are entitled to ask why their operations have to be regulated in such great detail. They are an elected level of government with a very high level of accountability and transparency in their day to day operations.

Whilst the legislation has a desirable emphasis on the financial sustainability of Councils, it fails to consider what the role of local government should be.

The legislation tends to view the process of strategic planning as being relatively infrequent and Council will incur additional costs in amending its plans as a consequence of sudden and unplanned changes in its operating environment.

Recommendation:

That Council make a submission to the Department of Local Government in response to the draft legislation and mandatory guidelines concerning the following matters:

1 The need for clarity concerning the role of Local Government

2 Querying whether the new planning and reporting processes have sufficient flexibility to manage major structural change.

3 Querying how the new planning and reporting requirements will result in, “reduced red tape and streamlined reporting” (page 3 of Frequently Asked Questions).

4 That Council nominate to be in Group 3 for the implementation of the new requirements. This will require the adoption of a Community Strategic Plan by 31 March 2012 and Delivery Program by 30 June 2012.

OPTIONS:

Council can make a submission as it sees fit.

As a means of managing a level of government the legislation is commendable. The Planning and Reporting “Guidelines” and the Planning and Reporting Manual represent current “best practice”.

However at the broadest level, Councils are entitled to ask why their operations have to be regulated in such great detail. They are an elected level of government with a very high level of accountability and transparency in their day to day operations.

The Local Government Act alone runs to 748 sections and many hundreds of pages and this doesn’t include its Regulations or new mandatory requirements such as those proposed by this legislation. The new requirements will add to the perception of excessive “red tape” and compliance costs.

DISCUSSION:

On 11 May 2009, the Department of Local Government released for comment draft legislation and mandatory “guidelines” for integrated planning and reporting. A copy of the Minister’s media release, the mandatory guidelines and frequently asked questions is in the circularised document. The draft legislation is not attached but can be found on the Department’s website. There is also a 106 page manual which is not attached but again can be found on the Department’s website.

The Department is inviting comment on the draft Bill and Regulation up until 12 June 2009 and the draft Guidelines and Manual up until 3 July 2009.

The existing Local Government Act provides that each year, a council is required to adopt a management plan that sets out its proposed strategy for at least the following 3 years, together with its proposed revenue policy for the next year.

In essence given the existing requirements, the new legislation will require additional planning documents being a Community Strategic Plan and Resourcing Strategy. Council has already developed some, but not all of the requirements for a 10 year Community Strategic Plan as well as the Resourcing Strategy.

It is planned to introduce the new requirements in three groups of councils over a three year period. Councils will be asked to nominate the group they would like to be in after the legislative changes have been passed by Parliament as follows:

Group 1: Community Strategic Plan adopted by 31 March 2010 and Delivery Program adopted by 30 June 2010

Group 2: Community Strategic Plan adopted by 31 March 2011 and Delivery Program adopted by 30 June 2011.

Group 3: Community Strategic Plan adopted by 31 March 2012 and Delivery Program adopted by 30 June 2012.

The intent of the legislation to require Councils to apply a more strategic focus to their responsibilities and particularly to financial planning and asset management is laudable. Notwithstanding additional planning and reporting requirements will come at a cost. With increased planning horizons there is also the question as to how Councils’ will manage significant change which may occur in the short term, for example the global financial crisis or proposed water utility reforms. Such changes may make the Community Strategic Plan and Delivery Program partially redundant, requiring on-going review and amendment.

It is proposed that the following matters be referred to the Department of Local Government for their consideration.

The Community Strategic Plan and the Role of Local Government

Whilst the legislation has a desirable emphasis on the financial sustainability of Councils, it fails to consider what the role of local government should be in the current fiscal climate. As an example, the purpose of the Community Strategic Plan is, “to identify the community’s main priorities and expectations for the future and to plan strategies for achieving those goals”. (page 5 of the guidelines)

On page 7 of the document, “Frequently Asked Questions”, it states as follows:

“The Community Strategic Plan identifies the community’s main priorities and aspirations for the future, and must address social, environmental, economic and civic leadership issues. It may include priorities and aspirations which fall to State or Federal government agencies or the non-Government sector to meet.”

The mandatory guidelines also state that, “other partners, such as State agencies and community groups may also be engaged in delivering the long term objectives of the plan”. (page 5)

The Manual provides an example of an objective for the Community Strategic Plan being:

“We want to increase education opportunities in our area”.

Council’s customer satisfaction survey undertaken in 2007 indicated there is general confusion in the community as to the role of local government with Council often being blamed for dissatisfaction with services provided by the State Government.

It is not clear why Councils should be considering priorities and aspirations for which they are legally and financially incapable of delivering. Whilst it is not mandatory to consider functions undertaken by other levels of government, in reality it will be difficult to exclude them when discussing the community’s general aspirations and where other Councils incorporate them.

In the terms of the Allen Report (Independent Inquiry into the Financial Sustainability of NSW Local Government 2006), this is the maximalist view, that a Council is the government of its area – concerned with the welfare of the whole community, even if this means duplicating the roles of other tiers of government.

Adapting to Change

The legislation tends to view the process of strategic planning as being relatively infrequent. The Planning and Reporting Manual identifies this problem on page 50 as follows:

“Although Councils and their communities will plan ahead for 10 years, it is not expected that the plan will be set in stone for that period.

The community will have a chance to revisit the Community Strategic Plan every four years when its new Council is elected. It may wish to change the priorities or objectives of the Community Strategic Plan if something significant has happened during that period, or revise the strategies if a particular course of action hasn’t proven effective….

It is also possible for the community to change the Community Strategic Plan within the council term if required, but this should only occur if there is a fundamental change that affects the whole community. An example might be a natural disaster such as a major storm, bushfire or flood that severely damages community infrastructure. Or, there might be a significant change in the local government area’s boundary.

Community engagement is required whenever significant changes are proposed to the Community Strategic Plan. “Significant changes” would be those that require changes to the objectives of the plan, or the strategies outlined in the plan”.

The community engagement process is formal consultation process requiring the preparation of a community engagement strategy. Whilst there is no standard format for the strategy, it is intended to be a thorough process of engaging with the community by providing information; seeking information and involving the community in working through the issues raised.

There is the real possibility that structural change in local government such as the proposed water reforms or Council amalgamations will render a significant part of the plan redundant and impose additional costs for its revision. Unilateral decisions by the State Government in relation to structural change would also undermine the value of the engagement process.

CONSULTATION:

The deadline of 12 June for comments in relation to the draft bill and regulation makes it difficult to undertake broad based consultation.

SUSTAINABILITY ASSESSMENT:

Environment

At this stage there are no perceived implications for the environment. The requirement to prepare a State of the Environment Report has been maintained.

Social

The legislation and guidelines are much stronger in relation to community engagement. This is a positive albeit with the concern that it will come at an additional cost and pose challenges in managing major unexpected change.

Economic

At this stage there are no discernible economic impacts.

Risk

At this stage there are no discernible risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The new legislation will require additional statutory reporting which will come at an additional cost. Fortunately Council has made some progress in relation to a community strategic plan and is building its capacity in relation to asset management, workforce management and long term financial planning. Council’s existing in-house resources should be able to meet most aspects of the new planning and reporting requirements.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Attachments:

1View

Circularised Document

Ordinary Council Meeting - 4 June 2009 Integrated Planning and Reporting - Release of Draft Legislation and Mandatory Guidelines

Attachment 1 Circularised Document

Placeholder for Attachment 1

Integrated Planning and Reporting - Release of Draft Legislation and Mandatory Guidelines

Circularised Document

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Ordinary Council Meeting

4 June 2009

General Manager's Report

ITEM 9.6 SF278 040609 Maintenance of Funding for Headspace Mid North Coast

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

In November 2007, a program targeting the mental health and social wellbeing of 15-25 year olds in Coffs Harbour, Bellingen and Nambucca local government areas was launched.

The program, known as, “headspace, Mid North Coast”, is based in Nambucca Heads and employs 5 full time staff and up to 15 other persons such as doctors, youth workers, psychologists and administration staff under youth programs.

Headspace Mid North Coast (MNC) has now been advised they will receive a 50% funding cut which equates to $170,000 for 2009/2010. In the event that the funding is not forthcoming then headspace MNC will be closed by 30 June 2009.

Council should support representations by headspace MNC for retention of their funding for the reasons discussed.

Recommendation:

That Council make representations to the Hon. Nicola Roxon MP, Minister for Health and Ageing and also to Luke Hartsuyker MP, Member for Cowper seeking the retention of funding for headspace Mid North Coast.

OPTIONS:

Council has the option of making representations for retention of the funding or not making representations. The Hon. Nicola Roxon MP is the Minister ultimately responsible for the provision of funding to the headspace program.

DISCUSSION:

In November 2007, a program targeting the mental health and social wellbeing of 15-25 year olds in Coffs Harbour, Bellingen and Nambucca local government areas was launched. The program, known as, “headspace, Mid North Coast”, is based in Nambucca Heads and employs 5 full time staff and up to 15 other persons such as doctors, youth workers, psychologists and administration staff under youth programs. The program operates three youth hubs (clinics) in Nambucca Heads, Bellingen and Coffs Harbour. It is funded by the Australian Government under the Promoting Better Mental Health – Youth Mental Health Initiative.

Until the commencement of the headspace program there was no specific youth mental health service in this area. So far in this financial year there have been:

· 1,232 occasions of service (compared to a target of 1,000 per annum);

· 846 clients seen by GPs;

· 316 clients being seen by youth mental health workers;

· 99 clients seen by Psychologists;

· 16 community awareness events;

· 8 education and training events

The importance of the program to the Nambucca Valley and Coffs Coast is evident in our demographic statistics. It is estimated that up to one in four 19-25 year olds is living with a mental health problem. It’s estimated that only a quarter of these young people receive professional help.

Headspace Mid North Coast (MNC) has now been advised they will receive a 50% funding cut which equates to $170,000 for 2009/2010. In the event that the funding is not forthcoming then headspace MNC will be closed by 30 June 2009. So far representations have been made to headspace national with access.

The Directors of headspace MNC are now seeking the support of Council in making representations directly to the Federal Health Minister, Nicola Roxon and also to our local member Luke Hartsuyker MP.

Putting aside the importance of the service to the mental health of young people in the Nambucca, Bellingen and Coffs Harbour LGA’s, it would seem premature to withdraw funding from a service which has only been operating for 18 months. There has been no opportunity to undertake a proper review of the service.

Council should support representations by headspace MNC for retention of their funding for the reasons discussed.

CONSULTATION:

The Director of headspace has been advised that the matter would be reported to Council with a view to making representations seeking the retention of their funding.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The existing program provides a holistic youth mental health service to 15-25 year olds in the Nambucca, Bellingen and Coffs Harbour local government areas. With up to one in four young Australians living with a mental health problem, the service is obviously very important to the social wellbeing of our young residents and their families.

Economic

The headspace MNC service is perhaps the only community service operating across the entire Coffs Coast which is based in the Nambucca Valley. If the service is closed then there will be the loss of about $1.6m in salaries and other operating costs over three years. Most of this money would come to the Nambucca Heads office.

Risk

There are no risks in making representations on behalf of headspace MNC.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no budgetary implications for Council.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.1 SF1261 040609 Outstanding DA's >12 months, applications where submissions received & not determined 26 May 2009

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant; Emma Shaw, Acting Executive Assistant

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

Recommendation:

1 That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

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

OPTIONS:

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

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE: 0

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

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2008/267	24/06/08	Proposed Industrial complex for manufacturing buses and ancillary facilities, including manager’s residence and workers cottages.	Lot 1046 DP 826440, Harrimans Lane, Macksville	§ Several submissions have been received objecting to the development as not being suitable for this location as it is not zoned for industrial use and there is residential land surround the proposed area (which is zoned rural) § Flooding issues § Residential amenity will be affected by light industrial use of the land including visual impact § Perceived lowering of values of land 26/08/08 Advice from applicant additional information to be submitted by the end of October. 27/10/08 Extension given until 17/11/08 to provide information to Council

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2008/267 cont’d				Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application Information is still outstanding - 21/11/08 7 Day letter sent Applicant requested extension of time to provide the outstanding information. Extension granted until 30 January 2009 A report was presented to Council’s Meeting of 19 February 2009 where Council resolved to allow a period of 3 months to provide further information to Council 27/02/09 Letter sent to applicant advising of 3 month extension to provide further information 21/05/09 Information received 26/05/09 2^nd internal referrals sent
2009/045	13/10/08	Rural Boundary Adjustment 7 lots to 3 lots	Lots 5,7,& 9 729466, Lots 1 & 2 DP 114790, Port 198 DP 755564 & Lot 1 DP 184908, 181 North Bank Road, Yarranbella	§ Concerns with traffic on Whip Mountain Road 23/10/08 Letter to applicant advising of further information required, preliminary assessment of banana contamination and vehicular access. 24/10/08 Referrals sent to DW&E, RFS, LALC. 19/11/08 Advice that soil testing is now in progress Awaiting results of testing 11/12/08 RFS conditions of consent received 20/02/09 30 day letter sent requesting outstanding information. 09/03/09 7 day letter sent requesting outstanding information 24/03/09 Information not received. Application was to be REFUSED, however - 26/03/09 Outstanding information received – referred to the H&B Surveyors for comment. Applicant is also confirming the status of the existing dwelling on the land Application likely to be dealt with by late-May
2009/087	05/01/2009	67 Lot Residential Subdivision	Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road	§ Request for pedestrian and buggy access to remain 16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks 10/02/09 Applicant requests extension for submission of noise report Extension granted until 9 March 2009 9/03/09 7 Day letter sent requesting outstanding information to be submitted 18/03/09 Noise report submitted Application being assessed. 27/04/09 Department of Lands have advised that they don’t support use of the TSR – subdivision layout may need to be amended – discussions ongoing between Department of Lands, Council and the applicant. Council has advised the applicant to submit an amended plan – applicant has agreed & amended plan being prepared.

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2009/113	17/02/2009	4 Lot Rural-Residential Subdivision	Lot 4 DP 1076959, Rhones Creek Road, Congarinni	§ No objection to submission but would like Smith’s Lane maintenance addressed Submissions close 27 March 2009 DES to consider road upgrade requirements Consents prepared to be sent by 29 May 2009
2009/115	18/02/2009	4 Lot Rural-Residential Subdivision	Lot 21 DP 605564,26 Wards Road, Utungun	§ Concern with the upkeep of Wards Road and dust impacts – previous requirement was to seal the road. § Concerns with impact of sewerage for Lot 1, on their property Submissions close 27 March 2009 DES to consider road upgrade requirements Consent prepared to be sent by 29 May 2009
2009/119	20/02/2009	4 Lot Rural-Residential Subdivision	Lot 82 DP 755537, 82 Smiths Lane, Congarinni	§ No objection to submission but would like Smith’s Lane maintenance addressed Submissions close 27 March 2009 DES to consider road upgrade requirements Consent prepared to be sent by 29 May 2009
2009/127	25/02/2009	Restaurant (McDonalds)	Lots 1-3 DP 245995 & Lot 25 DP 758085, 14-16 Pacific Highway, Nambucca Heads	§ No Explanation – Stating No Support Of Mac’s § Support for McDonalds § Stated hours of operation § Noise and odour generation § Potential harmful fumes from the highway § Potential disturbing behaviour of patrons § Impact of signage and headlights § Waste packing § Loss of privacy and devalue of property 11/03/09 Letter to applicant requesting submission of additional information relating to: - noise impacts resulting from drive through - relocation of drainage easement - RTA’s concerns re access/intersection/parking - drainage issue is being dealt with. - Access and intersection issues will be addressed when Local Traffic Management Plan is received from Road Net. 04/05/09 Letter to applicant requesting an amended design & layout to address: § Amenity impacts to adjoining residence § Compatibility with Local Traffic Management Plan prepared by Road Net § Deficiencies in car parking layout

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2009/128	25/02/2009	2 Lot Rural-Residential Subdivision plus Residue	Lot 10 DP 1033603, Scotts Head Road, Way Way	§ Issues with the removal of native bushland, placement of building envelope and rainwater run off § Access is a high hazard floodway § 7B Wetlands vulnerability to be considered § Believes has area of threatened species § An established WIRES Wallaby rehabilitation and release program area could be jeopardised § Concerns re bushfire hazard protection and dwelling envelopes 01/04/09 Application referred to Department of Natural Resources for undertaking of creek crossing 21/04/09 NSW RFS not prepared to issue S100B approval 27/04/09 Amended plans and Bushfire Report referred to NSW RFS – awaiting response.
2009/143	18/3/2009	2 Lot Residential Subdivision	Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head	§ Concerns with stormwater system, removal of rocky outgrowths for road widening, speed limit, dogs and entry to beach § Support application but would like ROW marked on the plans and restriction of fill Submissions being reviewed 22/04/09 Applicant requested to submit Coastal Hazard Assessment. 05/05/09 Written request from Applicant that Council await preliminary data from SMEC to use in its assessment of Sea Level Rise & Coastal Hazard Impacts. SMEC data due by end of May. Assessment will recommence on receipt of data.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.2 LF3375 040609 Report on the release of Bonds for Macs'con PTY LTD

AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning

Summary:

At the 19 March 2009 Ordinary Council meeting it was resolved:

That Council receive a report on the released bond for the Wia-Ora Sand and Gravel

This report outlines the Bonds that have been required through several Development Consents associated with Extractive operations at Wia Ora and their subsequent release.

In addition, Council at its 7 May 2009 meeting resolved:

That the report on the release of the Bonds for Wia-Ora Sand and Gravel consider the options for calling in the bonds to undertake the works

Recommendation:

1 That Council note the circumstances regarding the release of two bonds associated with Extractive Operations and Processing Plant at Wia Ora.

2 That Council note the potential conflicts and additional costs should Council proceed to call in the bonds prior to the matter being resolved between the operators and the Department of Water and Energy in regard to the disputed outstanding works.

3 That Council advise its insurers of a possible claim in this matter if not resolved between the operator and the Department of Water and Energy.

OPTIONS:

Whilst Council has several options the recommendations are considered the most appropriate at this time.

DISCUSSION:

When considering the release of the final two Bonds held by Council relating to Extractive Operations at Wia Ora at its 19 March 2009 Ordinary Meeting, Council sought a report on the circumstances regarding the previous release of bonds associated with the operations by Wia-Ora Sand and Gravel, Mac'scon and Mac'sville Concrete in this locality.

Through the various development consent conditions for DA 3040 (DA 1995/102), DA 2000/269 & DA 2001/093 Bonds (Bank Guarantees) were required for:

DA 3040 T1-9-485and modified through DA 1995/102

Original DA 3040 (22 September 1993) Sites A & B Gravel Extraction

11 The applicant to enter into a bond to ensure rehabilitation of the excavation and stockpile sites together with all necessary landscape works required by the Department of Water resources and Department of CALM. Such bond shall be $2,000 and is to be paid to Council prior to operations. The amount will be refunded subject to all relevant Authorities being satisfied with the rehabilitation works.

Modified (Deferred Commencement) DA 1995/102 (27 September 1995) (Endorsed Consent 26 March 1996) Site C Gravel Extraction

5i The applicant to enter into a bond to ensure rehabilitation of the excavation and stockpile sites together with all necessary landscape works required by the Department of Water resources and Department of CALM. Such bond shall be $10,000 and is to be paid to Council prior to operations. The amount will be refunded subject to all relevant Authorities being satisfied with the rehabilitation works.

DA3040 T1-9-485 (Modified Consent 21 August 2000) Sites A, B1, B2 & B3

2f All buffer areas to be adequately fenced from stock. Proponent to submit a revised Landscape Plan by a suitably qualified person to Council and DLWC within one month of determination of consent. Landscape Plan must include a schedule of buffer establishment and annual reporting by suitably qualified person on functionality of five years planting for pits A, B1, B2 and B3. Retention of a performance bond of $5,000 held by Council to be linked to Landscape Plan and reporting. Species selection to be consistent with publication Revegetating Streams in the Nambucca Catchment – A Guide to Species and Planting Methods. Buffers to remain in place for the life of any dam structures remaining after the initial extractive development stage. The owner to provide a Deed of Agreement supported by a Caveat, at his cost, on the land title deeds for a period of five years ensuring the buffer becomes well established.

DA 2000/269 (Consent 4 September 2000) Enlarged Stormwater Retention Basin

20 The applicant shall provide a bank guarantee, in the sum of $8,000 in favour of Council, being the sum necessary to ensure due completion of the rehabilitation and vegetation works described in conditions 10(a) and (b) (Landscape Plan) and 19 (Site Rehabilitation Plan). The bank guarantee only being released upon effective rehabilitation works being undertaken and establishment and maintenance of buffer plantings to the satisfaction of Department of Land and Water Conservation.

DA 2001/093 (Consent 22 February 2001) Additional Stockpile area

13 The applicant shall provide a bank guarantee, in the sum of $2,000 to be linked to DA3040, in favour of Council being the sum necessary to ensure due completion of the rehabilitation and landscaping works required of condition 11. In the event rehabilitation works are not undertaken in accordance with this consent, Council may use the guarantee to have appropriate rehabilitation works undertaken.

Note: Council accepts the $2,000 paid with DA3040 as also meeting this condition an the basis the amount will not be refunded until works required of DA 2001/093 and DA3040 are satisfied.

It should be noted that the $2,000 bond referred to in condition 13 for DA2001/093 is not an additional bond, but rather the same as required by condition 11 for DA 3040 above.

The current bonds held by Council are the $2,000 (Sites A & B) and $10,000 (Site C) required by conditions 11 (DA 3040 22/09/1993) and condition 5i (DA 1995/102) respectfully.

The Landscape Plan as required by condition 2f above for DA DA3040 T1-9-485 (Modified Consent 21 August 2000) Sites A, B1, B2 & B3 was submitted and subsequently signed off by DLWC on 1 November 2000. The $5,000 bond by way of Bank Guarantee was received by Council on 17 November 2000. The Caveat was registered on 8 May 2001.

Discussions commenced in November 2001 in regard to rehabilitation works completed and underway at the above Extractive Operations and Processing Plant. The following letter from DLWC was received by Council on 4 December 2001.

The Annual Report as referred to in the above letter was received by Council on 30 July 2002. The report was assessed by Council staff and forwarded to the relevant agencies for comment. During the following 12 months a number of issues, inspections and discussions were held between the operators, Council staff and agencies as it was evident that there were varying levels of opinion between the agencies above letter, onsite discussions and the operators horticulturalist as to the adequacy and compliance of the rehabilitation buffers and plantings.

A number of meetings were held (21/07/03, 11/09/03, 6&13/11/03 and 10/12/03) in regard to the operations on site between the agencies, operators and Council resulting in a number of letters being issued.

Further meetings were held in early 2004 resulting in the detailed response prepared by the then Department of Infrastructure, Planning and Natural Resources which critically examined and detailed the anomalies and requirements for the extractive operations and compliance with consent conditions, noting this was some 30 months after the above letter and in the midst of the drought.

As Council is now aware this is the current point of dispute with the extent of works required by the now Department of Energy and Water and the dispute by the operator which remains unresolved at this point in time.

Notwithstanding, the questions raised by Council as to the process relating to the release of the two bonds and the possibility of calling in the bonds and Council undertaking the works is outlined below.

The two bonds (Bank Guarantees) of $5,000 and $8,000 respectively, were returned according to Council’s records on 21 February 2005. After extensive investigation into their return there does not appear to be any written record as to the authority to return the bonds other than the assumption that as the Bank Guarantees had a “Termination Date” of 31 March 2001, an audit was undertaken and those identified as “Terminated “ appear to have been returned to the respective banks. Noting that there was another unrelated Bank Guarantee retuned on this same date (21 February 2005).

Of the two bonds only the $5,000 bond related to the gravel extraction rehabilitation activities, whilst the $8,000 bond related to the “Enlarged Stormwater Retention Basin” associated with the crushing and processing operations which had ceased in December 2003 and the property subsequently sold.

As can be read in condition 2f for DA3040 T1-9-485 (Modified Consent 21 August 2000) Sites A, B1, B2 & B3, the only reference to and requirement from a government agency was the appointment of a “suitably qualified “ horticulturalist" to prepare the Landscape Plan.

As discussed previously in the report the two remaining bonds relate to Site C ($10,000) and Sites A, B1, B2 & B3 ($2,000). The former operators have renewed both of the bonds since they wound up the company and do not have a “Termination Date” attached to them. However, the operators wish to finalise this matter and have both bonds returned.

Council also sought advice into the possibility of calling in the two bonds (Bank Guarantees) to have any outstanding works completed.

Whilst it is quite open to Council to proceed to call on the bonds, it is something that should be considered with caution in light of the discussions and disagreement that took place onsite at Council’s General Purpose Committee meeting in March this year. Should Council proceed to "call in" the bonds and proceed to have the works completed and a budget short fall arose, Council would have to find the balance of funds and then pursue the operator through the courts which may very well cost the ratepayers considerably more and may never be recouped.

Until the disputed matters are finally resolved between the operator and DWE it is recommended that Council continue to hold the bonds (Bank Guarantees) until some agreement or compromise is achieved.

CONSULTATION:

Nil

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental impacts arising from this report. The works that the Bonds are tied to relate to performance, maintenance and rehabilitation of extracted/disturbed land associated with approved developments.

Social

There are no social impacts arising from this report. The works that the Bonds are tied to relate to performance, maintenance and rehabilitation of extracted/disturbed land associated with approved developments.

Economic

There are potential private and public economic impacts arising from this report as the works that the Bonds are tied to relate to performance, maintenance and rehabilitation of extracted/disturbed land associated with approved developments.

Risk

There are considerable risks arising from this report as the works that the Bonds are tied to relate to performance, maintenance and rehabilitation of extracted/disturbed land associated with approved developments and if not finalised Council could face the risk of having to pursue the matter or be pursued itself through the Courts.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

None identified at this stage.

Source of fund and any variance to working funds

Non required at this stage.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.3 SF276 040609 Aboriginal Community Advisory Committee AGM

AUTHOR/ENQUIRIES: Patricia Walker, Aboriginal Community Development Officer

Summary:

The minutes contain one recommendation for Council's consideration which relates to the endorsement of the Committee following the election of office bearers and committee.

Recommendation:

That Council note the minutes from the Annual General Meeting held on 12 May 2009 and endorse the voting membership to the Aboriginal Community Advisory Committee of Ms Cathy Bula (Chair), Ms Raylene Ballangarry (Deputy Chair), Mr Michael Donovan, Mr Darren Kershaw, Mr Robert Wilson, Mr Colin Jarrett, Mr Gary Williams, Mr Caine Rosser, Ms Paula Craig, Mrs Jennifer Rosser, Mr Barry Donovan, Mr Semi Bula, Ms Beryl Wilson, Mr Neville Kim, Ms Kimberly Jones, Mr Michael J Donovan, Ms Belinda Donovan, Ms Mila Bula, Ms Tamara Smith, Mr Anthony Gillin, Mrs Rachel Gillin, Ms Penny Stadhams, Ms Vicki Power, Mr Scott Mieni, Ms Patricia Gail Ling, Ms Louise Robinson, Ms Michele Donovan, Ms Karen Ella-Bird, Ms Marcia Hillery, Mr Terry Marshall, Mr Larry Kelly, Ms Ann Edwards, Ms Tracy Cohen, Mr Dean Jarrett, Mrs Tracy Singleton, Ms Shirley Ballangarry.

OPTIONS:

1 Endorse the minutes and the recommendation

2 Not endorse the minutes

3 Endorse the minutes with amendment/s

DISCUSSION:

Council's Community Development Officer, Patricia Walker, will only provide secretarial support and is not a voting member of the Aboriginal Community Advisory Committee.

Manager Community and Cultural Services Comments: The minutes recommend the endorsement by Council of the minutes of the previous AGM. These were in fact endorsed by Council on 15 March 2007. Councillors Ballangarry and South are already endorsed members of the Committee as per Council’s resolution regarding delegates to Committees on 2 October 2008. Cr Flack is an alternate delegate as per Council’s resolution of 5 February 2009.

CONSULTATION:

Manager Community and Cultural Services

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Positive relationships between Council and the local Aboriginal community

Economic

Nil

Risk

Nil

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil

Source of fund and any variance to working funds

Nil

Attachments:

1View

12398/2009 - Minutes of ACAC AGM Meeting Tuesday 12 May 2009

Ordinary Council Meeting - 4 June 2009 Aboriginal Community Advisory Committee AGM

Attachment 1 12398/2009 - Minutes of ACAC AGM Meeting Tuesday 12 May 2009

Present

Councillor Martin Ballangarry, Mrs Cathy Bula (Chairperson), Mr Barry Donovan, Mrs Michele Donovan, Ms Beryl Wilson, Ms Jennifer Rosser, Ms Mila Bula, Ms Vicki Power, Ms Penny Stadhams, Ms Raylene Ballangarry, Ms Patricia Walker

Apologies

Cr South, Ms Kerry Grace, Mr Michael Donovan, Mr Caine Rosser, Mr Semi Bula, Ms Kerry-Ann Jarrett, Mr Gary Williams

Minutes of Previous AGM – 20 February 2007 – Nil Business Arising

RECOMMENDATION: That on the motion of Ms Jennifer Rosser seconded by Cr Ballangarry that the minutes of the previous Annual General Meeting 20 February 2007 be accepted and be endorsed by Council.

Motion carried and accepted by all members present.

Chairperson’s Report

Mrs Cathy Bula Chairperson welcomes everyone and informs members that the AGM will be first.

She comments that even though there have been several attempts made for the ACAC annual general meeting, we finally have got there.

A discussion ensued about current membership and the Nomination Form.

Members present discussed that there is a Members List. This List is only updated when addresses change or new membership is applied via a Nomination Form, and, when that new member has been endorsed by Council.

Note: ACAC is the only Council committee that have a Nomination Form.

Ms Beryl Wilson entered the meeting 10:50 am.

Election of Office Bearers

On the motion of Mr Barry Donovan seconded by Ms Jennie Rosser Cr Ballangarry was appointed the Returning Officer for the election of Office Bearers.

Cathy Bula thanked Council for projects that were successful and unsuccessful. She also thanked Patricia for meeting agendas.

Ms Cathy Bula and Mr Michael Donovan stood down as Chairperson and Deputy Chairperson, respectively.

Cr Ballangarry then called for nominations for Chairperson.

Election of Office Bearers (continued)

Chairperson

There were three nominations to the position of Chairperson.

Ms Penny Stadhams nominated Ms Raylene Ballangarry seconded by Vicki Power. Raylene Ballangarry accepts nomination.

Ms Cathy Bula nominates Mrs Michele Donovan. Mrs Donovan declines nomination.

Ms Jennie Rosser nominated Cathy Bula seconded by Michele Donovan. Cathy Bula accepts nomination.

Ms Cathy Bula nominates Ms Beryl Wilson. Ms Wilson declines nomination.

Ms Beryl Wilson nominates Mr Barry Donovan seconded by Ms Cathy Bula. Mr Donovan accepts nomination.

Three calls were made for more nominations to Chairperson. Voting declared closed.

For voting preference, members agreed on secret ballot. Members voted and handed papers to Cr Ballangarry.

Cr Ballangarry proceeded to count the votes at the back of the room.

Results of the count:

Ms Raylene Ballangarry received 3 votes

Ms Cathy Bula received 5 votes

Mr Barry Donovan received 1 vote

Ms Cathy Bula was declared as Chairperson for the 2009-2010 Aboriginal Community Advisory Committee.

Deputy Chairperson

Cr Ballangarry calls for nominations for Deputy Chairperson.

Ms Beryl Wilson nominates Mr Barry Donovan seconded by Ms Jennie Rosser.

Mr Donovan accepts nomination.

Ms Penny Stadhams nominates Ms Raylene Ballangarry seconded by Ms Mila Bula. Ms Ballangarry accepts nomination.

Ms Cathy Bula nominated Ms Jennie Rosser. Ms Rosser declines nomination.

Ms Cathy Bula nominates Mrs Michele Donovan seconded by Mr Barry Donovan. Mrs Donovan accepts nomination.

Election of Office Bearers (continued)

Three calls were made for more nominations for Deputy Chairperson. Voting declared closed. Votes were counted by Cr Ballangarry at back of the room.

Results of the count:

Mr Barry Donovan received 2 votes

Mrs Michele Donovan received 3 votes

Ms Raylene Ballangarry received 4 votes

Ms Raylene Ballangarry declared as Deputy Chairperson for the 2009-2010 Aboriginal Community Advisory Committee.

Secretary

It was noted that secretarial support be provided by Council staff, Ms Patricia Walker.

Committee Members

RECOMMENDATION: On the motion of Michele Donovan seconded by Barry Donovan that voting members of Aboriginal Community Advisory Committee during 2009-2010 are Ms Cathy Bula (Chair), Ms Raylene Ballangarry (Deputy Chair), Mr Michael Donovan, Mr Darren Kershaw, Mr Robert Wilson, Mr Colin Jarrett, Mr Gary Williams, Mr Caine Rosser, Ms Paula Craig, Mrs Jennifer Rosser, Mr Barry Donovan, Mr Semi Bula, Ms Beryl Wilson, Mr Neville Kim, Ms Kimberly Jones, Mr Michael J Donovan, Ms Belinda Donovan, Ms Mila Bula, Ms Tamara Smith, Mr Anthony Gillin, Mrs Rachel Gillin, Ms Penny Stadhams, Ms Vicki Power, Mr Scott Mieni, Ms Patricia Gail Ling, Ms Louise Robinson, Ms Michele Donovan, Ms Karen Ella-Bird, Ms Marcia Hillery, Mr Terry Marshall, Mr Larry Kelly, Ms Ann Edwards, Ms Tracy Cohen, Mr Dean Jarrett, Mrs Tracy Singleton, Ms Shirley Ballangarry.

Motion carried and accepted by all members present.

Council Delegates

Cr Martin Ballangarry and Cr Elaine South

Cr Paula Flack, Alternate Delegate

Returning Officer steps down and hands over the ordinary meeting to Ms Cathy Bula, Aboriginal Community Advisory Committee Chairperson who declares the meeting closed.

Closure

There being no further business the meeting closed at 11.15 am.

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

Cathy Bula

Chairperson

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.4 SF276 040609 Aboriginal Community Advisory Committee Meeting

AUTHOR/ENQUIRIES: Patricia Walker, Aboriginal Community Development Officer

Summary:

The minutes contain one recommendation for Council's consideration which is reproduced as follows:

RECOMMENDATION: That on the motion of Ms Beryl Wilson seconded by Penny Stadhams that the Aboriginal Youth Worker report to ACAC, either in person or by a written report.

Recommendation:

1 That Council note the Committee’s request for a written or verbal report from the Aboriginal Youth Worker.

2 That the remaining minutes of the Aboriginal Community Advisory Committee held on 12 May 2009 be noted.

OPTIONS:

1 Endorse the minutes and the recommendation

2 Not endorse the minutes

3 Endorse the minutes with amendments

4 Manex comment

DISCUSSION:

CONSULTATION:

Manager Community and Cultural Services comment: The Youth Worker would be providing an update on recent activities, programs or youth issues for the information of the Committee.

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Nil

Economic

Nil

Risk

Nil

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil

Source of fund and any variance to working funds

Nil

Attachments:

1View

12399/2009 - Minutes of ACAC Ordinary Meeting Tuesday 12 May 2009

Ordinary Council Meeting - 4 June 2009 Aboriginal Community Advisory Committee Meeting

Attachment 1 12399/2009 - Minutes of ACAC Ordinary Meeting Tuesday 12 May 2009

Present

Ms Cathy Bula, (Chairperson) Councillor Martin Ballangarry, Ms Mila Bula, Mrs Michele Donovan, Mrs Jennie Rosser, Mr Barry Donovan, Ms Vicki Power, Ms Raylene Ballangarry, Ms Penny Stadhams, Ms Beryl Wilson.

Apologies

Cr. South, Ms Kerry Grace, Mr Michael Donovan, Mr Caine Rosser, Mr Semi Bula, Ms Kerry-Ann Jarrett, Mr Gary Williams.

The Chairperson commenced the meeting by going over the aims and objectives of the Committee and a reminder to support the ACAC on a regular basis and gave congratulations to Ms Raylene Ballangarry for her appointment as Deputy Chairperson.

Ms Bula said that there is a long road ahead and encouraged others to support ACAC.

Housekeeping and Emergency Procedures

The Chairperson addressed these procedures.

Declaration of Pecuniary Interest

None declared

Previous Minutes – 16 December 2008.

Business Arising from Minutes

ITEM 1 – DARIMBA MAARA

Mr Barry Donovan inquired about refurbishment at Darimba Maara. Works had started but had ceased. The CEO was on leave for a month. Looking for more dollars for refurbishment. Aboriginal Connections received tender for the works.

Ms Beryl Wilson will follow through with enquiries in regards to the refurbishment.

Correspondence

The following correspondence was tabled by Chairperson:

Department Environment and Climate Change

Pregnancy Help Australia Newsletter

Public Sector Marketing

General Business

ITEM 2 – SPORT AND RECREATION TRAINEESHIP

Ms Patricia Walker updated members on the traineeship. Ms Walker explained that this is the second round of advertisement, there were 6 applications. Interviews are on Friday 15 May 2009, with the position being filled late May 2009. Interview panel is Lyn Larsen (NSW Department of Sport and Recreation), Ritchie Donovan (Trainer) and Patricia Walker.

ITEM 3 – ACAC MEETING ROTATED BETWEEN LALC'S

Ms Patricia Walker explained that the General Manager, Michael Coulter had approached her about rotations of ACAC to the LALC's. Ms Beryl Wilson said that this is a good idea and members agreed.

Ms Bula said that ACAC had tried this before and will try again.

CDO to request LALC's approval of hosting an ACAC. If no space available, CDO to consider and assist LALC with venue.

All members agreed that Bowraville LALC will be approached first because of new CEO and to introduce him to the wider community.

ITEM 4 – NAIDOC WEEK

NAIDOC is hosted by Bowraville this year. The march is being re-routed and finalisation of the program was held recently at a meeting.

Mr Barry Donovan to see about volunteers for marshalling during the march. Mr Donovan will liaise with the local Police for that day and report at next ACAC.

Ms Raylene Ballangarry encouraged everyone to participate in this year's NAIDOC, that the program is for the whole community.

Ms Mila Bula to contribute fruit to Day 3's activities held at Bowraville Central School's gym.

Members Reports

Community Development Officer – Nambucca Heads LALC letter of support for the Community Savers Stream.

Ms Jennie Rosser (TAFE) – Statement of Attainment course will be starting next term at Macksville Campus of TAFE. The course will run one day a week for 3 hours and will eventually become a certificate course.

Ms Beryl Wilson (Ngurrala) – CDEP will be terminating in June 2009. Participants are receiving major support during the transition. Births, Deaths & Marriages are assisting by proving information about certificates. BBQ is scheduled for the 20 May 2009.

Members Reports (continued)

Ms Cathy Bula (New Careers for Aboriginal People) – NCAP has moved from Wallace Street to 1/12 Cooper Street, Macksville. Ms Bula has put out tenders but there is uncertainty of what is happening after 30 June 2009. NCAP's Senior Coordinator has resigned and taken up an appointment with DADHC. There will be 90 positions with Department of Ageing Disability and Home Care/DADHC across the NSW and will be training Aboriginal people in Port Macquarie to run residential facilities for the aged.

Ms Vicki Power (Community Facilitator – Bowraville Commonwealth Shared Responsibility Agreement/CSRA) – Every third Wednesday there is a morning tea held at MiiMi for service providers, next morning tea is scheduled for 20 May 2009. A Men's Group has started as well. MiiMi has a 2 year lease on the old 'Butter Factory'. There are 6 sheds which will be used for activities and will considering renting office space.

Ms Penny Stadhams (Department of Aboriginal Affairs) – Her position is to set up networks and strengthen existing ones, assist with body governance. Ms Stadhams tabled information on her role in the community. Ms Stadhams would like the CDO to follow up on where Council is at for James Park in Bowraville. Ms Stadhams is under the impression that Council had come to an agreement with the Committee of Management about the upgrade of James Park.

Ms Mila Bula (Aboriginal Aged Care) – has moved to 23 Cooper Street, Macksville and has informed ACAC that Nyambaga has moved to Bowraville.

Cr Ballangarry – Missabotti Hall has a TAFE course in cementing/paving. The course is a Statement of Attainment with 5 participants taught by Mark Selby.

RECOMMENDATION: That on the motion of Ms Beryl Wilson seconded by Penny Stadhams that the Aboriginal Youth Worker report to ACAC, either in person or by a written report.

Motion carried and accepted by all members present.

Next Meeting

Members agreed to set meetings to the third Tuesday of the month.

Closure

The meeting concluded at 11:55 pm.

……………………………….

CATHY BULA

CHAIRPERSON

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.5 SF669 040609 Report on the request for nominations to Joint Regional Planning Panels

AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning

Summary:

Council has been requested by the Department of Planning to nominate representatives to serve on the Northern Region Joint Regional Planning Panel (JRPP).

Recommendation:

1 That Council request an extension of time to enable further consultation and discussions with adjoining Councils on options for resource sharing to address concerns relating to potential conflicts of interest by Council nominated representation.

2 That the Department be advised that in the event an extension is not granted and subject to formal agreement with Kempsey Shire Council, Nambucca Shire nominate the Mayor of Kempsey Shire Council and Director Sustainable Development for Kempsey Shire Council as its Nambucca members for the JRPP, with the Deputy Mayor of Kempsey Shire being the alternative representative.

3 Council nominate the Mayor and Director Environment and Planning to represent Kempsey Shire Council on the JRPP for matters applicable to their shire with the Deputy Mayor being the alternative representative.

4 That in the event that Kempsey Shire do not formally agree to the proposed resource sharing proposal Council nominate the Mayor and Director Environment and Planning to represent it on the JRPP with the Deputy Mayor being the alternative representative.

OPTIONS:

Should Council choose to nominate two local representatives other then the Mayor and Director Environment and Planning, Council will need to determine how it proposes to identify the representatives, either from the elected Councillors and Staff or through the calling of Expressions of Interest, and nominate prior to the closing date of 5 June 2009.

DISCUSSION:

The Minister for Planning has requested Council by letter dated 5 May 2009, to nominate two persons (plus one alternate member) to become members of the Northern Region Joint Regional Planning Panel (JRPP). Submissions are required by 5 June 2009 with the JRPP to commence on 1 July 2009. (see attached copy)

The purpose of the JRPP is to act as the consent authority for all DAs deemed to be of regional significance and to advise the Minister in respect to any planning matter or planning instruments in respect to the region.

The JRPP will become the consent authority in respect to the following developments:-

· Commercial, residential, mixed use, retail and tourism development with a capital investment value more than $10 million and less than $100 million

· Community infrastructure and ecotourism developments more than $5 million both public and private, such as schools, community halls and child care facilities

· Certain coastal developments currently in Schedule 2 of the Major Projects SEPP

· Designated development

· Development where the council is the proponent or has a potential conflict of interest.

Membership of the JRPP

It is proposed that the JRPP will be comprised of

Three (3) members appointed by the Minister (nominations have been called)

Two (2) members appointed by each Council to consider matters related to their LGA (plus an alternate)

Selection Criteria:

Selection criteria includes:-

· Senior level experience in dealing with multiple stakeholders

· High level communication skills

· Capability to drive high profile outcomes in a credible and authoritative manner

· High level analytical skills; and

· Knowledge of the assessment of complex developments and planning matters; and

In addition, at least one of the Council nominees must have a high level of expertise in one or more of the following fields:

· Planning

· Architecture

· Heritage

· The environment

· Urban design

· Land economics

· Traffic and transport

· Law

· Engineering

· Tourism

Method of Selection

Basic guidelines in the form of a Selection Criteria for members have been provided to assist Council in the calling of Expressions of Interest and consideration of applicants. The representatives need not be an elected Councillor or Council staff member. However, finding someone in the community who may fit the criteria and willing to sit on the Panel may be a challenge.

Conflicts of Interest

The Department has advised that in nominating a member, Council needs to fully recognise that the person would be expected to act independently of Council and should not be subject to influence by other Councillor or Council Officer on matters to be determined by the JRPP.

The consensus amongst the Local Government Planning Directors Group (the Group was formed to raise concerns relating to the NSW planning reform agenda and meets regularly with the Minister and senior officials) is that Local Government planning directors/managers cannot represent their respective councils on a JRPP as they have an inherent conflict of interest as they are also responsible for preparing the planning assessment report for presentation to and consideration of the JRPP.

Advice provided by an internal auditor at a large metropolitan council suggests that elected councillors would also be placed in a conflict of interest between their obligations to represent the interests of their community and to act as a member of an independent external planning panel.

In order to address this conflict of interest, the idea has been floated within MIDGOC GMs to consider a resource sharing arrangement whereby the nominated representatives from each council would serve on the JRPP for matters relating to other councils in the MIDGOC, thereby avoiding conflicts of interest, whilst maintaining suitable representation on the JRPP. This would also provide the opportunity for the council appointed members to make representations directly to the JRPP in support of a submission on any matter relating to their LGA.

However, should other MIDGOC Council's be interested in this initiative, an extension to the restrictive time frame of 5 June 2009, should be sought.

Discussions have been held with Officers of Kempsey Shire Council where both Councils would each nominate 2 members to sit on the JRPP for the respective councils. The proposed nominations would be referred to each Council for endorsement and submission.

This arrangement would have the following benefits:-

· Both councils are of similar size, have similar demographic profiles, experience similar types of development and are affected by similar constraints.

· The number of applications to be dealt with by the JRPP for both Councils is expected to be similar (very low possibly 6 – 12 per year), thereby representing an equitable cost to each council.

· The arrangement would not be binding and each council can review the arrangement and/or nominated members should they so choose

JRPP Procedures

Only sketchy details have been provided in respect to:

· Whether the JRPP, including travel and accommodation costs of State nominated members is to be funded. It has previously been suggested that the costs should be borne by the host councils.

· The format for standardised assessment and reporting

· A Code of Conduct

· A Code of Meeting Practice

NOTE The Department has advised that if a council fails to nominate members for the LGA, the JRPP may still exercise its functions within the LGA.

CONSULTATION:

General Manager

MIDGOC

Director Sustainable Development Kempsey Shire Council

SUSTAINABILITY ASSESSMENT:

Environment

The proposal for JRPP may not necessarily provide for better environmental considerations or outcomes.

Social

The proposal for JRPP may not necessarily provide for better social considerations or outcomes.

Economic

No information has been provided to determine the cost implications for councils or applicants in respect to how the JRPP will be funded.

Risk

Council will still have the opportunity of making representations to the JRPP if desired. The risk for Council is that if it chooses a Councillor and staff member to represent it on the panel they may not necessarily represent the majority view or position of Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Unknown at this stage

Source of fund and any variance to working funds

General Fund and DA fees.

Attachments:

1View	12618/2009 - Information and Request for Nominations for the Regional Planning Panels
2View	12660/2009 - Submission in Response to Discussion Paper on Joint Regional Planning Panels

Ordinary Council Meeting - 4 June 2009 Report on the request for nominations to Joint Regional Planning Panels

Attachment 1 12618/2009 - Information and Request for Nominations for the Regional Planning Panels

Ordinary Council Meeting - 4 June 2009 Report on the request for nominations to Joint Regional Planning Panels

Attachment 2 12660/2009 - Submission in Response to Discussion Paper on Joint Regional Planning Panels

Ordinary Council Meeting

4 June 2009

Director Environment & Planning's Report

ITEM 10.6 SF812 040609 Naidoc Week - 5 July to 12 July 2009

AUTHOR/ENQUIRIES: Patricia Walker, Aboriginal Community Development Officer

Summary:

This report is to advise Council that National Aboriginal and Islander Day of Celebration (NAIDOC) Week will be held Sunday 5 July – Saturday 12 July 2009 and to seek Council's endorsement for a Council-hosted event being a Flag Raising and Morning Tea. This will confirm agreement in principle provided to the Committee by Council’s General Manager in February.

Recommendation:

1 That Council note NAIDOC Week is scheduled for Sunday 5 July to Saturday 12 July 2009 with the theme 'Honouring Our Elders, Nurturing Our Youth', and the many activities programmed to occur during the Week.

2 That Council host a Welcome to Country, Flag Raising and Smoking Ceremony to be held at Council's Administration Centre Monday 6 July 2009 followed by a Morning Tea and Photo Exhibition.

OPTIONS:

Council has the option of not conducting a NAIDOC Week activity on and/or within Council premises.

DISCUSSION:

Council's Community Development Officer has been very active in contributing to the NAIDOC Committee program and the final touches were resolved recently.

The NAIDOC Committee's plan for Monday 6 July 2009 is an Official Welcome to Country and a Smoking and Flag Raising Ceremony at the Council's Administration Centre commencing at 9 am. This will be followed by a morning tea at Council.

The proposed Ceremony will take approximately two and half hours and is unlikely to disrupt Council Staff or the community.

Invitations will be issued to all Councillors and Senior Staff, together with Elders and two student representatives from local schools.

Also as a part of Council’s contribution to NAIDOC Week Council’s Aboriginal Youth Worker and Community Development Officer will be undertaking a Photo Exhibition at Macksville Library. The exhibition will follow the NAIDOC Week theme of 'Honouring Our Elders, Nurturing Our Youth' and will focus on portrait photos of local Gumbaynggirr Elders and young people. The project will revisit the Building Bridges photography project of 1993. This event has the potential to be a promotion of the local libraries, and receive community input into the expansion of the Aboriginal collection within the libraries.

Attached for Councillor’s information is the proposed program for the local NAIDOC Week celebrations.

CONSULTATION:

NAIDOC Committee Chairperson Raylene Ballangarry

Director Environment and Planning Greg Meyers

Manager Community and Cultural Services Coral Hutchinson

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Positive relationships between Council and Aboriginal Elders

Economic

Nil

Risk

This is identified as a low risk activity.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets