Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

27 October 2016

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

Our Vision

Nambucca Valley ~ Living at its best.

Our Mission Statement

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

Our Values in Delivery

· Effective leadership

· Strategic direction

· Sustainability of infrastructure and assets

· Community involvement and enhancement through partnerships with Council

· Enhancement and protection of the environment

· Maximising business and employment opportunities through promotion of economic development

· Addressing social and cultural needs of the community through partnerships and provision of facilities and services

· Actively pursuing resource sharing opportunities

Council Meetings: Overview and Proceedings

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

How can a Member of the Public Speak at a Council Meeting?

1 Addressing Council with regard to an item on the meeting agenda:

Members of the public are welcome to attend meetings and address the Council. Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.

2 Public forum address regarding matters not on the meeting agenda:

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information. Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

In the public forum speakers should address issues and refrain from making personal attacks or derogatory remarks. You must treat others with respect at all times.

Meeting Agenda

These are available Council’s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 27 October 2016

Acknowledgement of Country (Mayor)

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land. I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 13 October 2016................................................................................. 7

5 NOTICES OF MOTION

5.1 Library Committee and Library Strategic Plan (842)........................................................... 18

6 PUBLIC FORUM

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports.................................................................................... 20

9.2 Contracts Register.......................................................................................................... 26

9.3 Nomination of Members to the Northern Joint Regional Planning Panel............................. 35

9.4 Replacement of Browns Bridge, Saddlers Lane, Taylors Arm............................................ 39

9.5 Overview and Review of Council's Organisation Structure................................................. 43

9.6 Model Code of Conduct................................................................................................. 59

9.7 Request to Waive Development Application Fees - Australia Day Celebrations in Gordon Park - (SF24)..................................................................................................................................... 81

9.8 Request for Donation - Blue Star Sustainability Awards (Bowraville Chamber of Commerce and Industry)......................................................................................................................... 83

9.9 Request for Donation - Bowraville Junior Rugby League (Tigers Under 12's) Football Teams 86

9.10 Result of Exhibition Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24 Coronation Road, Congarinni North................................................................................................... 89

9.11 Development Applications greater than 12 months or where submissions received - 7 October to 21 October 2016................................................................................................................ 136

9.12 2016 September - Development and Complying Development Applications Received...... 138

9.13 2016 September - Approved Construction and Complying Development Certificates........ 142

10 Assistant General Manager Corporate Services Report

10.1 Schedule of Council Public Meetings............................................................................. 147

10.2 Valla Public Hall Committee of Management AGM - 18 August 2016 - Minutes................. 148

11 Assistant General Manager Engineering Services Report

11.1 Request to name the Emergency Operations Room within the Nambucca Emergency Operations complex at Kelly Close Macksville - The Bill Lenthall Room............................................. 153

11.2 Minutes of the NSW Rural Fire Liaison Committee 10 August 2016.................................. 155

11.3 Tender REGPRO171617 Supply and Delivery of Concrete Pipes..................................... 161

11.4 Quotations for Project ND-BV-38 under Tender T008/2016 for Landslip Remediation, North Arm Road, 5.5km west of Bowraville............................................................................................... 164

11.5 Tender T121617MNC - Collection and Removal of Ferrous and Non Ferrous Scrap Metal and Unleaded Acid Batteries............................................................................................................... 166

11.6 Tender T151617 MNC Crushing of Concrete, Brick and Tile Products............................... 169

11.7 Tender T141617 MNC Collection and Removal of Used Oil.............................................. 172

11.8 Nambucca Shire Traffic Committee Meeting Minutes - 18 October 2016........................... 175

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

12.1 Tender REGPRO171617 Supply and Delivery of Concrete Pipes - Confidential

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.

12.2 Quotations for Project ND-BV-38 under Tender T008/2016 for Landslip Remediation, North Arm Road, 5.5km west of Bowraville.

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

12.3 Tender T141617 MNC Collection and Removal of Used Oil - Confidential Report

12.4 Tender T121617MNC for the Collection and Removal of Ferrous and Non Ferrous Scrap Metal and Unleaded Acid Batteries - Confidential Report

12.5 Tender T151617 MNC Crushing of Concrete, Brick and Tile Products - Confidential Report

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

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

NAMBUCCA SHIRE COUNCIL

Description: nambucca valley nsc

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting:
Meeting Date:
Item/Report Number:
Item/Report Title:

I		declare the following interest:
(name)

	Pecuniary – must leave chamber, take no part in discussion and voting.

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

For the reason that




Signed			Date

Council’s Email Address – council@nambucca.nsw.gov.au

Council’s Facsimile Number – (02) 6568 2201

(Instructions and definitions are provided on the next page).

Definitions

(Local Government Act and Code of Conduct)

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict. The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with. You must deal with a non-pecuniary conflict of interest in at least one of these ways.

· It may be appropriate that no action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 13 October 2016

The following document is the minutes of the Ordinary Council meeting held 13 October 2016. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 27 October 2016 and therefore subject to change. Please refer to the minutes of 27 October 2016 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Susan Jenvey	Cr David Jones
Cr Janine Reed	Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

Ms Dale Hawkins, President Bowraville Arts Council, welcomed the Council and residents to the Bowraville Theatre and thanked Council for their continued support of this facility.

APOLOGIES

Cr John Wilson

Mr David Allen

PRAYER

Pastor Daryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor J Reed declared a pecuniary interest in Item 9.10 Australian White Ibis Management Plan - Dawkins Park Macksville under the Local Government Act as Cr Reed is an elected member of Nambucca Valley Care which owns land adjacent to Dawkins Park which is adversely impacted by White Ibis. Cr Reed left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 September 2016

407/16 RESOLVED: (Smyth/Ballangarry)

That the minutes of the Ordinary Council Meeting of 29 September 2016 be confirmed subject to Item 9.2 reading: "382/16 RESOLVED: (Reed/Ainsworth)"

DELEGATIONS

RESOLVED:

That the following Public Forums and Delegations be heard:

PUBLIC FORUM

i Mr Tony Fuller - No footpath for Conen Street Bowraville; Heavy traffic intersection Conen/William Streets

ii Ms Leona Bush - Tree planting in High Street Bowraville

iii Ms Marion Syratt – Town plan for Bowraville

iv Mr Darron Hall – Road safety issues

v Mr Malcolm Macfarlane – Healthy activities for Bowraville children beyond school hours

vi Ms Sue Renyard – Promoting Bowraville; opening of the road to Belllingen; Parking in the CBD; Placement of waste bins; safe access for children to the skate park

DELEGATIONS

9.5 Outstanding Water Account.............................................................................................. 9

i Mr John O'Neill – President Nambucca Heads Island Gold Club

9.7 Lower Buckrabendinni Road - Requests to Extend Road Seal........................................... 10

i Mr Jim Cameron – User of Lower Buckrabendinni Road

ii Mr Terry Baldwin – User of Lower Buckrabendinni Road

9.8 & 9.14 Visitor Information Centre Leasing and Tourism Update.............................................. 11

i Mr Robert Kennedy—Nambucca River Houseboats and River Cruises

ii Ms Eleanora Snart – Nambucca Valley Tourism Association

iii Ms Jacky Ashcroft—President Nambucca Valley Craft and Art

iv Mr Barry Duffus – Keep Current Visitor Information Centre open

PUBLIC FORUM

i Mr Tony Fuller addressed Council making the following points:

· He is representing the senior residents of Conen Street Bowraville. This street is on the heavy vehicle route; many seniors need to walk on the street; some areas have 8 to 10 inches of drop off. There is a need for a footpath on that side of the street as a safety measure for (particularly) senior residents.

· The intersection of William and Conen Street is dangerous due to heavy vehicle use; not exactly a T-intersection; drivers coming up the hill are often on the wrong side of the street; is a very unsafe corner; some minor accidents but will be major accident soon; asking Council to investigate the intersection.

ii Ms Leona Bush addressed Council making the following points:

· Requesting large shady trees to beautify CBD of High Street and dispose of dreadful (Blue Nile) palms. Wants to provide shade and seating in CBD to attract more visitors to Bowraville.

iii Ms Marion Syratt addressed Council making the following points:

· Bowraville offers a lot that is and isn't beautiful; requests that Council supports community input to development of a 10 year plan that supports community and social aspects of Bowraville; fantastic facilities and creative people; low socio economic profile, lack of justice, apathy, long term empty shops; would like input of ideas from a Public Forum at a Council meeting; Town Plan is now 12 years old; tabled an ideas sheet for Council's consideration; would like Council to establish a Section 355 Committee – Bowraville Community Association – to develop a strategic plan.

iv Mr Darron Hall addressed Council making the following points:

· President of the local pre school; hoons drive up and down Adam Street and there have been several accidents in the past; requests speed bumps or ripple strips/bars; can get a petition for Council

· At Coronation Street at the steep hill, hoons driving down in front of the pre school, can Council slow the cars in this area too? Parents won't turn right as it is a dangerous intersection, suggest a mirror; this issue has been to the Traffic Committee but needs addressing again;

· Dogs barking in Adam Street due rabbits in the area. Can anything be done about the rabbits?

v Mr Malcolm Macfarlane addressed Council making the following points:

· Speaking as both Principal of Bowraville Central School and resident of the Shire; Council has great record for collaborating with school's activities; school only open for 40 weeks per year, would like other options for the remainder 12 weeks for activities for children; suggests the creation of a sporting precinct which could include river activities, mountain bike trails, BMX track, skate boarding, basketball courts etc; sees this as an investment rather than an expense; students would be interested in concept design and any collaboration with Council to make this happen.

vi Ms Sue Renyard – addressed Council making the following points:

· Interested in the promotion of Bowraville; needs sign on highway regarding the historical aspects of the town; sought ideas from local businesses and came up with the following ideas: would school be interested in having its students design the signage; bins are placed in wrong places eg where there is not a lot of output of rubbish; lack of parking in CBD; businesses should park elsewhere and teachers should park in empty block near school; suggest car parking facility be established; unsuitable parking for drivers with a disability; no effective pedestrian crossing in CBD; unsuitable path from town to skate park; skate park sitting in the middle of nowhere and should be a place for people to come and picnic/bbq; play area down by the river to be improved;

· Cars in CBD running into poles which hold up the verandah in front of businesses; kerbside should be marked so cars don't park too close to poles.

DELEGATIONS:

9.5 Outstanding Water Account

i Mr John O'Neill addressed Council making the following points (a copy of his speaking notes are on file SF848):

· Provided Council with a history of the Golf Club

· The grass used (Bent Grass) on the greens is unique

· Island is on a high risk flood plain and can be inundated up to three times per year

· The causeway goes under water during high tides and this can cause the loss of up to 20 business days per year

· Club has limited disposable income with income in continual decline and membership in slow decline

· Only public golfing facility between Coffs Harbour and Kempsey

· Previous secretary charged with larceny – expect to recover some loss through insurance

· Requests Council to counter negative article in recent Coffs Advocate.

ITEM 9.5 SF848 131016 Outstanding Water Account

408/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council offer the Nambucca Heads Island Golf Club $ for $ assistance of up to $50,000 for the employment of competent engineering or specialist golf course consultants to provide a range of costed options to reduce its reliance on the town water supply for irrigation.

2 The Nambucca Heads Island Golf Club be provided with one month to enter into an arrangement with Council staff for the payment of their outstanding water and Crown Lands licence charges. Any agreement is to ensure their outstanding balance reduces over time.

3 That Council continue not to charge interest on the outstanding balance.

4 That there be a further report to Council on the provision of a design for the replacement of the existing timber bridge which provides access to the car park.

DELEGATIONS continued:

9.7 Lower Buckrabendinni Road - Requests to Extend Road Seal

i Mr Jim Cameron addressed Council making the following points:

· Gave example of a personal accident on his property where he had to be air lifted by helicopter as the ambulance would not take him to back to hospital due to his injuries and the bad condition of the road.

· Hopes no one else finds themselves in same situation.

ii Mr Terry Baldwin addressed Council making the following points:

· Provided a history of the road's upkeep by Council

· Residents will to help Council when they can

· Highly used road

· School bus and some trucks cannot use road as it is in such poor conditions on occasions

· 90% landowners have pledged $131,100 to assist Council with the sealing of the road.

ITEM 9.7 RF353 131016 Lower Buckrabendinni Road - Requests to Extend Road Seal

409/16 RESOLVED: (Smyth/Ballangarry)

1 Council note the estimate of $390,424 to extend the seal on Lower Buckrabendinni Road by 3.45km to the intersection of Deer Hill Road.

2 The residents of Lower Buckrabendinni Road be requested to confirm their offer of $131,100 towards the capital cost of sealing this section of road.

3 That Council consider extending the seal on Lower Buckrabendinni Road by 3.45km to the intersection of Deer Hill Road as part of its budget deliberations for the 2017/2018 Operational Plan.

4 That the Member for Oxley be thanked for her representations in relation to the matter and be asked to secure funding from the State Government to assist with funding the extension of the seal.

DELEGATIONS continued:

9.8 & 9.14 Visitor Information Centre Leasing and Tourism Update....................................................... 11

i Mr Robert Kennedy speaking in favour of Item 9.14, addressed Council making the following points:

· Operator of small business since 2003 including small car dealership

· Provide environmental access to waterway

· Have good working relationship with bus companies

· Shire will be most vulnerable once bypass completed and tourism will be affected

· Crafters as co-tenants would not be a viable situation as they are currently struggling financially

· Council is eroding community spirit by taking Tourism Coordinator out of VIC

· He will offer professional service

· Masterplan accepted by Council in 2010, referred to page 45 regarding establishment of a bigger visitor information centre

· Hope to provide training for people interested in hospitality

· This facility (VIC) must be used for tourism.

ii Ms Eleanora Snart speaking against the recommendation addressed Council making the following

points:

· She is the secretary of Nambucca Valley Tourism Association (NVTA)

· Quoted from Council resolution at its meeting on 12 May 2016 at Tewinga

· Proposed level 3 VIC would still be run by Council

· Proposal that there would be some rental income opportunity

· Council started immediately to move the Tourism Coordinator to Council's administration centre

· Late expression of interest by crafters suggested only wall mounted shelving for tourism and a rental of $80 per week was not acceptable

· If purpose built VIC is closed it is unlikely it will ever by replaced

· Gave examples of other towns where the highway was bypassed and their VIC's were still fully operational and heavily used

· NVTA request that the future of VIC be deferred and no changes made at present.

iv Mr Barry Duffus addressed Council making the following points:

· Should not be slowing tourism down, it should be revved up

· Our beautiful river should be cleaned up to encourage more visitors.

iii Ms Jacky Ashcroft speaking for the recommendations addressed Council making the following points:

· Speaking on behalf of Nambucca Valley Art and Craft which has been operating for over 26 years

· Have moved "shop" a number of times to try and find more affordable accommodation and better facilities to display work of artisans

· All volunteers, and often difficulty in paying commercial rent

· Sell a wide range of art and craft and would like to be involved with local community and offer teaching of local crafts

· Saw themselves as an adjunct to the tourism at the VIC, not wanting to displace them

· Raise money through Breakfast by the River, occasional workshops etc

· Envisage people from local nursing homes being invited for morning teas on the back terrace at the VIC or even teaching crafts

· Would provide a sustainable, solid base and make it look arty and crafty and attractive to tourists

ITEM 9.8 SF2251 131016 Visitor Information Centre Leasing and Tourism Update

410/16 RESOLVED: (Jones/Ballangarry)

That this item be deferred to a Council meeting in March 2017.

ITEM 9.14 SF2251 131016 Visitor Information Centre Leasing - Additional Request

411/16 RESOLVED: (Ainsworth/Reed)

That the report be received for information.

412/16 RESOLVED: (Smyth/Ballangarry)

That Council receive the information in Item 12.1.

ASKING OF QUESTIONS WITH NOTICE

From Ms Maureen Parkyns: I have a suggestion that I would like to make in regards to the roadside and street rubbish bins. When walking down the street in Bowraville you are unable to put anything into the street rubbish bins as they are always full. This is because residents are using these bins to place all their household rubbish in instead of taking it to the tip. My suggestion to fix this problem around the Nambucca Valley is: If residents that do not have a garbage service and pay an extra (let's say) $80 a year on their rates and Council issue them with a card that will give them free access to the tip for the year, they can take there rubbish to the tip for free instead of paying the fee to go into the tip every time which can be quite pricey if you only have a couple of bags of rubbish each time. This way the rubbish would not be put into these small roadside bins and Council would not have to empty them as often. This system has worked very efficiently in Cooma for many years.

From Ms Martina Corrigan: -(1) The necessity to have the rest of Adam Lane sealed with curbing and guttering. The residents below me also have complained. Several properties are affected by stormwater damage from the laneway. The Council is aware of my complaints over a ten year period and I had submitted video footage and photos of the amount of storm water coming from Adam Lane into my property and subsequently pooling at the lower corner of my house. I saw it was mainly from some private dwelling at the corner of Adam Lane and Carbin street with his outlet on top of the soil. This flows to the wrong side opposite the so called table drain and consequently into several houses below. If tarred and sealed and captured before entering houses it would not cause damage to buildings.

(2) Is there any truth to the rumour that there is a natural spring capped at the top of Adam Street and Carbin Street? Would the spring find another outlet below? What if it seeps below the buildings? Has this happened recently, for rumour has it that someone had a spring or a well under their house.

(3) It is about time we recycled everything and stopped waste. Stormwater and sewerage should be recycled saving damage to streets, road surfaces and dwellings.

From Mr David Allen: Offered his apology for tonight's meeting as he has a conflicting prior engagement. He did wish to address Council as part of the Public Forum to request that Mr Gallagher (AGMES) contact him to discuss an issue with kerbside access to Dr Guard's medical surgery and the Bowraville Pharmacy. He has asked that his request be recorded in the minutes.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

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

General Manager Report

ITEM 9.1 SF830 131016 Election of Deputy Mayor 2016-2017

407/16 RESOLVED: (Reed/Finlayson)

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

2 That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

3 That the election of Deputy Mayor proceeds.

4 That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

5 That following the election, the Mayor declares Cr John Ainsworth elected as Deputy Mayor for the term of office expiring in September 2017.

ITEM 9.2 SF842 131016 Committees of Management - Facilities and Events

408/16 RESOLVED: (Ainsworth/Finlayson)

That Council adopt the roster for attendance at the Annual General Meetings for Section 355 Committees with the following amendments:

i Cr Wilson Coronation Park (subject to Cr Wilson's agreement)

ii Cr Smyth Nambucca Community and Arts Centre

iii Cr Ballangarry OAM Missabotti Hall

iv Cr Reed Taylors Arm Hall

v Cr Jones Utungun Community Centre

ITEM 9.3 SF842 131016 Council Advisory Committees

409/16 RESOLVED: (Reed/Ainsworth)

1 That Council adopt the following list of Advisory Committees with new Councillors being nominated to replace retiring Councillors as appropriate:

Committee	Councillors
Access Committee	Cr Jenvey Cr Smyth
Arts Mid North Coast	Cr Jenvey – with Council requesting an alternative delegate with voting right (Cr Smyth)
Audit, Risk & Improvement Committee	Cr Wilson (subject to his agreement)
Estuary & Coastline Management Committee	Cr Ainsworth Cr Finlayson Cr Reed
General Manager’s Performance Review Committee	All Councillors
Land Development Committee	All Councillors
Local Traffic Committee (please note that despite the name, the Committee is not a committee of Council but rather the RMS)	One Council rep – currently the Manager Technical Services, NSW Police, RMS, Local State Member of their nominee (Mr Barry Reed)
Lower North Coast Bushfire Management Committee	Cr Ainsworth
Nambucca Bushfire Management Committee	Cr Ainsworth
Nambucca Emergency Operations Centre Committee of Management	Cr Ainsworth Cr Finlayson
Nambucca Entertainment Centre	Cr Smyth Cr Ballangarry OAM
NSW North Coast Weed Advisory Committee	Cr Ainsworth
Vehicular Access to Beaches Committee	Cr Ainsworth Cr Finlayson

2 That Council establish a Clean Energy Committee and seek feedback from Bellingen Shire Council as to their interest in a joint committee. Further, following the receipt of advice from Bellingen Shire Council that Council staff report back to Council on the composition of the committee, appropriate terms of reference, meeting frequency etc.

3 That the Manager Business Development provide Council with an information session on the past, present and future approaches to economic development prior to the establishment of a Business Advisory Committee with the purpose of facilitating engagement with the Nambucca Shire businesses to work together in preparing the Highway bypass and identifying further opportunities to deliver future economic activity. Terms of reference to be developed and presented to a Council meeting and may include examples such as tourism, Chamber of Commerce, agriculture, horticulture, event organisers and facilities, industrial and manufacturing, retail and service provision, clubs, sporting and lifestyle facilities.

ITEM 9.4 SF959 131016 Outstanding Actions and Reports

410/16 RESOLVED: (Ainsworth/Ballangarry)

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

Item 9.5 was dealt with under Delegations

ITEM 9.6 SF2025 131016 Joint Organisations - Getting the boundaries right

411/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council express its preferences for the boundaries of the proposed North Coast Joint Organisation as being:

a) Most Preferred – as initially recommended and proposed being Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.

b) Less Preferred – as currently proposed being Port Macquarie-Hastings Council, Kempsey Shire Council, Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.

2 That Council not support the concept of a Joint Organisation extending from Port Macquarie to Tweed Heads.

Item 9.7 was dealt with under Delegations.

Item 9.8 was dealt with under Delegations.

ITEM 9.9 SF2150 131016 Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

412/16 RESOLVED: (Smyth/Ballangarry)

That the concept plan be circulated to key stakeholders and organisations in Bowraville for their feedback, noting that the viability, and final location and inclusion of components are yet to be determined.

Cr Reed left the meeting for Item 9.10 at 8.00 pm and returned after the conclusion of this item at 8.06 pm.

ITEM 9.10 PRF47 131016 Australian White Ibis Management Plan - Dawkins Park Macksville

413/16 RESOLVED: (Finlayson/Ainsworth)

1 Council commence implementation of the Australian White Ibis Management Plan for Dawkins Lake and a suitably qualified ecologist be engaged to implement the Australian White Ibis Management Plan for Dawkins Park;

2 Council commit $16,000 from the Environmental Levy Reserve in 2016/17 financial year to commence the implementation Australian White Ibis Management Plan.

ITEM 9.11 SF2173 131016 Development Applications greater than 12 months or where submissions received - 21 September to 6 October 2016

414/16 RESOLVED: (Ainsworth/Finlayson)

That the information be noted by Council.

ITEM 9.12 SF1320 131016 Provision of Insurance Brokerage Services

415/16 RESOLVED: (Finlayson/Ainsworth)

That Council engage Regional Procurement to undertake a tender on behalf of Nambucca Shire Council for the provision of Insurance Brokerage Services.

ITEM 9.13 SF1438 131016 Community Strategic Plan Review and Corporate Performance Reporting

416/16 RESOLVED: (Reed/Ainsworth)

1 That Council note the information in this report.

2 That Council resolve to hold a workshop to develop a draft revised Community Strategic Plan on Thursday 15 December 2016.

General Manager Report – LATE

ITEM 9.15 SF25 131016 Nambucca Valley Garden Club - Request to Waive Tip Fees for Garden Gala and Markets on 29 October 2016

417/16 RESOLVED: (Jones/Finlayson)

That Council waive the tip fee for the disposal of waste from the Nambucca Valley Garden Club's Garden Gala and Markets which is being held on 29 October 2016 at the Macksville Showground up to the value of $235.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2230 131016 Investment Report To 31 July 2016

Motion: (Ainsworth/Reed)

That the Accountants’ Report on Investments placed to 31 August 2016 be noted.

Amendment: (Jones/Ainsworth)

That the Accountants’ Report on Investments placed to 31 August 2016 be noted and in February 2017 there be a report to Council on options for Council investments.

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

418/16 Resolved: (Jones/Ainsworth)

That the Accountants’ Report on Investments placed to 31 August 2016 be noted and in February 2017 there be a report to Council on options for Council investments.

ITEM 10.2 SF251 131016 Schedule of Council Public Meetings

419/16 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 10.3 SF298 131016 Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 12 September 2016

420/16 RESOLVED: (Finlayson/Reed)

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 12 September 2016, and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.4 SF344 131016 Warrell Creek Hall Committee of Management AGM - 2 September 2016 - Minutes

421/16 RESOLVED: (Ainsworth/Reed)

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 7 September 2016 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.5 SF588 131016 Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 20 September 2016

422/16 RESOLVED: (Finlayson/Reed)

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 20 September 2016.

ITEM 10.6 SF323 131016 Nambucca Community and Arts Centre Committee of Management Annual General Meeting - 19 August 2016

423/16 RESOLVED: (Finlayson/Reed)

That Council endorse the minutes of the Committee of Management for the Nambucca Community and Arts Centre’s Annual General Meeting held on 19 August 2016 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF453 131016 Waste Disposal Vouchers

424/16 RESOLVED: (Finlayson/Ballangarry)

1 That Council receive and note the information provided in the bulky goods voucher system report.

2 That Council continue with the voucher system for both urban and rural residents until the cessation of the extended period for the waste contract (March 2018).

3 That one or more three cubic metre cage mounted box trailers be located at the Nambucca Waste Facility for use by eligible residents to transport their bulky goods in the case that they do not have access to a trailer.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.30 pm.

Confirmed and signed by the Mayor on 27 October 2016.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 27 October 2016

General Manager

ITEM 9.1 SF959 271016 Outstanding Actions and Reports

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with ~~strikethrough~~ and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

Recommendation:

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

	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER	ACTION BY	STATUS
MARCH 2011
1	DA2010/234	17/3/11	Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan	GM	The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee. Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete. Council staff and OEH are reviewing the draft. The draft requires further work before it can be circulated to the Estuary Committee and Councillors. Draft now being circulated to Estuary Committee and Councillors. Draft being uploaded to Council’s website.
JULY 2011
2	SF1031	21/7/11	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy	GM	The project is awaiting the completion of the floodplain risk management matrix. Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete. Council staff are still in the process of reviewing the draft document.

AUGUST 2013
3	SF1031	14/08/13	That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.		AGMES			Report in September 2013. Deferred to October 2013. At the request of Cr Morrison this item has been deferred to the first meeting in November 2013. Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting. Staff on leave during December – deferred until February 2014. Deferred until April – Staff dealing with landslips. Deferred until May 2014 Deferred until June 2014 Deferred until September 2014 and a report will be prepared on the outcome of the meeting. Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April. Deferred until September after the budget, restructure and staffing levels settle. Provided to Councillors on 29 October for comment. Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment. Deferred whilst trialling the International Society of Arboriculture, Tree Hazard Evaluation form which is intended to replace the tree inspection form within the policy. The policy in its present form has shown some issues pertaining to property owners wanting healthy trees removed citing the criteria in the policy, the new form provides greater transparency and clarity New policy and procedures will be presented to the new Council in October for comment following the local government elections.
DECEMBER 2013
4	SF1842	11/12/13		That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.		GM	The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice. Report produced. Media release issued before 13 November Council meeting. Second media release issued 20 May 2015. Third media release issued 30 November 2015. Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.
MARCH 2015
5	SF841	12/03/15		Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.		GM	Letter written w/e 20/3/2015. As at June 2015 arrangements are being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council. Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets. Mayor and GM met with the Member for Oxley on 18 September 2015. Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council. The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum. Council is expecting receiving a written offer from the RMS in relation to the handover. Council received a briefing from the consultants reviewing the RMS assets to be handed over to Council on 30 June 2016 and a compensation package will not be developed until the transfer of traffic onto the new highway as the pavement can’t be assessed until the traffic is transferred off the old highway. A report on the status of the Bridges is anticipated in August Mayor, GM and AGMES met with Member for Oxley on 16 August 2016. Agreed that Council consult with other affected councils and submit a paper on the financial implications for the councils and options for a revised policy on Highway handovers. In particular the Member for Oxley was interested in the proposition of IPART being asked to assess the appropriate handover package.
AUGUST 2015
6	SF674	13/08/15		Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.		AGMES	Letter to be drafted to appropriate Minister. Letter sent week ending 30 September 2015. Nil response from the Minister to date, another letter sent 3 December 2015. Response received from Minister and report to a meeting in March 2016. Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

OCTOBER 2015
7	SF95	15/10/15	Following the 6 month trial period of nose-to-kerb parking arrangements in River Street adjacent to the river bank, that Council receive a further report on the outcome of the trial period.		AGMES	Report late 2016 Trial date not set as the Coordinator Strategic Planning and Natural Resources has to carry out a further round of public consultation regarding landscaping that includes the design for the roundabout and gauge feedback from effected business. The roundabout is required to slow approaching traffic, and manage vehicles reversing into the carriageway. Design parameters at the bend require greater investigation before changing the parking arrangements. Councillor’s verbally advised by AGMES on 11 August that the Manager Technical Services has advanced the trial and written to the properties on River Street advising that Council will implement the trial in October, signs have been ordered and order raised for the line marking contractor. Trial underway with new markings installed Wednesday, 14 September 2016.
NOVEMBER 2015
8	SF2068	12/11/15	Council receive a future report on the preferred treatment options & procurement process to gain the most economical outcome for the recycled water scheme at the Bowraville STP.		AGMES MWS	Report in 2016 To be reported to Council 10 November 2016.
9	SF1855	26/11/15	That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.		GM	Report late 2017
APRIL 2016
10	SF1540	14/4/16	That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.	AGMES			Letter sent Response from RMS is forthcoming. Councils Manager Technical Services was verbally advised by the RMS that the section does not warrant a reduction in the speed limit to 40km/h and that RMS will be proposing traffic management solutions which are eligible for a 50:50 grant.

JUNE 2016
JULY 2016
11	LF968		14/7/16	Council note the inspection of drainage issues at Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.	AGMES	Letter sent to residents thanking them for the meeting and providing them with the three design options and their cost.
12	SF2081		28/7/16	Following consideration of the report on Shoaling and Dredging by Council’s Estuary Committee, there be a further report to Council concerning a possible maintenance dredging strategy.	GM	Report in October 2016. A meeting of the Estuary Committee is being arranged but the matter won’t be coming back to Council in October. Anticipate a report in November or early December at the latest.
AUGUST 2016
13	SF325		25/8/16	That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register	AGMCS	To be discussed with Auditors.
SEPTEMBER 2016
14	PRF14		29/9/16	Matter concerning Brook Park be deferred in order for Council to undertake a site inspection and that adjacent residents of Brook Park be notified of the inspection.	GM	To be scheduled for Council’s meeting on 10 November 2016 which is to be held at the Nambucca Community & Arts Centre, Nambucca Heads.
15	SF1541		29/9/16	Council staff report the intended exempt development controls to be implemented into Schedule 2 of the NLEP 2010 to Council for R5 zoned land only.	GM	Report in October 2016. Deferred to November 2016.
OCTOBER 2016
16	SF848	13/10/16		There be a further report to Council on the provision of a design for the replacement of the existing timber bridge which provides access to the car park (Island Golf Club)	AGMES	Report in November 2016
17	SF2251	13/10/16		That the Visitor Information Centre Leasing be deferred to a Council meeting in March 2017	GM	Report in March 2017
18	SF842	13/10/16		Staff report back on the establishment of a Clean Energy Committee	GM	Report in November 2017
19	SF842	13/10/16		Manager Business Development provide Council with an information session on approaches to economic development prior to the establishment of a Business Advisory Committee.	GM	Briefing to be provided by November 2017
20	SF2230	13/10/16		There be a report to Council on options for Council’s investments.	AGMCS	February 2017

Attachments:

There are no attachments for this report.

Ordinary Council Meeting - 27 October 2016

Contracts Register

File No	Contractor	Effective Date	Termination Date	Purpose of Contract	Estimated Amount Payable to Contractor	Description of any provision for contract renegotiation
W8 / SF674 04/15-183-TO	Handybin Waste Services (Coffs Harbour Pty Ltd)	28 November 2005	30 June 2016 + 2 yr +6 mths extension	Collection of Domestic Waste	2016/17 $190,100
W8 / SF674	Biomass Solutions Pty Ltd	March 2007	March 2026	Processing Domestic waste to separate and reuse organic fraction	2016/17 $237,000	1% rise and fall and altered tonnage
T21213NAM SF1795	Stabilised Pavements of Australia (SPA)	1 November 2012	30 September 2014 + 2 yr extension	Stabilising Agents	Variable according to works program	CPI
	Accurate Asphalt and Road Repairs Pty Ltd
	Diveva Pty T/As Mid Coast Road Services
SF1792 T31213NAM	Quarry Solutions	1 November 2012	30 September 2014 + 2 yr extension	Road Base Ex-Bin	Variable according to works program	CPI
	Nambucca Valley Gravel				Variable according to works program
T41213NAM SF1794	Quarry Solutions	1 November 2012	30 September 2014 + 1 yr extension	Raw Feed Ex-Bin	Variable according to works program	CPI
	Nambucca Valley Gravel
T51213NAM	Boral Resources (Country) Pty Ltd	1 November 2012	30 September 2014 + 1 yr extension	Supply of Aggregate	Variable according to works program	CPI
	Quarry Solutions
	Nambucca Valley Gravel
T001/2013	Forsyths Business Services P/L	1 July 2013	30 June 2019	Audit Services	$24,000 (ex GST) per annum	Any special assignment @ average of $150 per hours
T121314MNC SF675 SF683	Matthews Metal Management	1 September 2013	30 September 2015 + 1 yr extension	Collection, Sorting and Removal of Ferrous and Non-Ferrous Scrap Metals and ULABs	Variable according to works program	CPI
T151314MNC SF1911	Holcim (Australia) Pty Ltd T/As Humes	1 October 2013	30 September 2015 + 1 yr extension	Supply and Delivery of Concrete Pipes - single source supplier of SRC pipes and associated products	Variable according to works program	CPI
	James Hardie Australia Pty Ltd			Supply and Delivery of Concrete Pipes - single source supplier of FRC pipes and associated products
T006/2013	Surf Life Saving Service P/L T/A Australian Life Guard Service	1 December 2013	31 January 2018	Provision of life guard services at Valla, Nambucca, Scotts Head during Xmas holidays		CPI
T231314MNC SF1906	Bridgestone Australia Pty Ltd	1 January 2014	31 December 2015 + 1 yr extension	Supply and Delivery of Passenger, Truck and Earthmover Tyres	Variable according to works program	CPI
	Tyres4U
	Valley Tyres Pty Ltd
	Mulvey's Tyres Services
T221314MNC	Downer EDI Works	1 January 2014 12 mths + 1 yr	31 December 2016	Supply and Delivery of Bulk Cationic Rapid Setting Grade Bitumen Emulsion	$200,000	Bitumen price variation in contract
T041415MNC	J Blackwood & Son Ltd	1 July 2014 24 mths + 1 yr	30 June 2017	Supply and delivery of General Hardware and Products	$70,000 P/A	Variable depending on the product purchased
	HJD Industries Pty Ltd trading as Jaybro Civil ^ Safety Products
T071415MNC	Barrier Signs P/L	1 July 2014 24 mths + 1 yr	30 June 2017	Supply and delivery of Traffic and Safety Signage - single source supplier of Standard Steel and Aluminium Traffic & Safety signage	$45,000 P/A	Agreed variations to contract works
	Denorth P/L			Supply and delivery of Traffic and Safety Signage - Single source of Sign Flex Polycarbonate Signage
T031/2014	WMA Water	January 2015	32 December 2016	Flood Risk Management Study and Plan Nambucca River and Deep Creek	$135,817.00	N/A
T151415MNC SF931	Refer Regional Procurement	1 January 2015	31 December 2017	Supply of Ready Mix Concrete	Variable according to works program	CPI
SF1696	Origin Energy	1 February 2015	1 February 2017	Supply power for non-contestable sites	$220,000 per annum	N/A
T391415MNC SF1747	AJ & LJ Irwin Family Trust T/as Irwin Fencing Pty Ltd	1 April 2015	31 March 2017 + 1 yr extension	Supply and Install of Road Safety Barrier Systems - 2 categories	Variable depending on works program	Market Value of raw materials
	Destraz Pty Ltd T/as D & P Fencing Contractors			Category 1 - Supply and Installation
	Evolution Civil Maintenance Pty Ltd			Category 2 - Supply Only
	Guardrail Installations Australia
	Guardrail Systems Pty Ltd
	Roadverge Pty Ltd T/as Ontime Guardrail
	A1 Highways Pty Ltd
	Ingal Civil Products
T401415MNC SF1747	Evolution Traffic Control	1 April 2015	31 March 2017 + 1 yr extension	Provision of Traffic Control Services	Variable depending on works program	CPI
	Men At Work
	Lack Group
	Mid Coast Traffic Services
	Watchout Traffic Control
	Workforce Road Services
SF931 T191516MNC	Austact Civil	1 October 2015	30 September 2018 + 1 yr extension	Supply, Delivery and Placement of Road Resurfacing	Variable depending on works program	Market Value of raw materials
	Boral Asphalt
	Fulton Hogan
	Mid Coast Road Services
	NorthPipe Constructions Pty Ltd
	Road Maintenance
	Road Work Industries
	SRS Road
	Supersealing
	Tropic Asphalt
T008/2015	Marsden Law Group	1 February 2016	31 January 2021	Provision of Legal Services with Terry Perkins being restricted to conveyancing, contracts and other non-litigious matters	Various dependant on legal instruction
	Wilshire Webb Staunton Beattie
	Terry Perkins Solicitor & Attorney
T011/2015				Coffs Coast Waste Services Kerbside Collection Contract
T015/2015	KAMZ Cleaning Services	1 October 2015	30 September 2018	Cleaning of Council Buildings	$85,406.00 per annum	CPI
RA491415NAM SF1696	ERM Power	1 January 2016	1 January 2018	Supply power for contestable sites	$200,000 per annum	n/a
	ERM Power	1 January 2016	1 January 2018	Supply power for street lighting	$150,000 per annum
T021/2015	Community Aquatics Pty Ltd	1 July 2016	30 June 2021	Management and operation of the Macksville Memorial Aquatic & Fitness Centre	$1,123,595.00
T001/2016	NSW Public Works			Preparation of an Integrated Water Cycle Management Strategy	$29,920 inc GST
T006/2016	Pressure Sewer Services Pty Ltd	July 2016	February 2018	Design and Construction of a Pressure Sewerage System at South Nambucca Heads	$536,174.00	Changes in scope of work or items not identified correctly in contract
T007/2016 WO0410	Costa Builders Pty Ltd	30 May 2016 (letter of acceptance) 10 weeks construction plus 1 year Defects Liability Period	30 May 2017	Construction of public amenities - Shelly Beach Nambucca Heads	$190,975.00	Variation may arise due to latent onsite conditions
T008/16	Concrib Pty Ltd	20 July 2016	20 July 2018 + 1 yr extension	Pre-approved providers for construction of landslip remediation services	Variable depending on landslips	Via Quotation per site
	Earthtec Pty Ltd
	Elite Retaining Systems Pty Ltd T/As Australian Marine & Civil
	Fred Keizer Constructions
	Fusion Civil Pty Ltd
	Kerr Earthworks and Road Construction
	Nivroscope Pty Ltd
	Specialised Geo
	Sporting Services (Const) Pty Ltd T/As Pan Civil
T009/2016	Wayne Noble General Carrying	1 July 2106 + provision for 1 yr extension if Council permits	30/06/18	Supply of Plant and Truck Hire and Road Maintenance Services	Variable according to tendered hire rates	Not applicable
	Greatwood P/L t/as TG Hire
	Stabilised Pavements
	Stabilcorp Pty Ltd
	Rollers Australia Pty Ltd
	Peter White
	NorthPipe Constructions Pty Ltd
	Nambucca Valley Equipment
	Mitchbrook Management Pty Ltd
	Mid North Coast Contractors Pty Ltd
	Kingston Industries T/as Tutt Bryant Hire
	Kennards Hire Pty Ltd
	K B McMillan & R L Baker
	Howle Earthmoving Pty Ltd
	Fortade Pty Ltd
	Ezyquip Hire Pty Ltd
	Misfud Excavations & Earthmoving
	Drew Walker
	Coates Hire
	Bucca Creek Pastoral Company Pty Ltd
	Blue Dog Earthmoving Pty Ltd
	BJL Water Deliveries
	Archie Turner Excavations Pty Ltd
	Aqua Assets Pty Ltd
	Advance Sweepers Pty Ltd
T251516MNC SF931	Coastal Line Marking Pty Ltd ATF The Nicol Family Trust	1 August 2016	30 June 2018 + 1 yr extension	Provision of Line Marking Services	Variable according to contract rates and works program	NIL
	Complete Linemarking Services Pty Ltd
	Jenalad Pty Ltd t/a Whiteline Road Services
	Oz Linemarking NSW Pty Ltd
T010/2016	No information as yet			Construction of Transfer Station Roof at Nambucca Waste Facility

Ordinary Council Meeting 27 October 2016

General Manager's Report

ITEM 9.4 RF391 271016 Replacement of Browns Bridge, Saddlers Lane, Taylors Arm

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council’s bridge replacement program for 2016/2017 includes the replacement of Brown’s Bridge at the end of Saddlers Lane, Taylors Arm. The existing single lane timber bridge is at the end of its life and is in a poor state of repair.

Council is in effect planning to spend $271,000 on providing access to a single property. On the face of it, this investment of ratepayer funds represents an extraordinarily high level of service which the Council can no longer afford.

Consideration has been given to opportunities which might be available to transfer responsibility for the on-going maintenance of the bridge to the benefitting property owner.

Recommendation:

1 That Council contact the property owner benefitting from the proposed replacement of Browns Bridge off Sadlers Lane, Taylors Arm and advise them that Council can no longer accept responsibility for the on-going maintenance and repair of this bridge and invite them to consider the following options:

a) They provide a reasonable capital contribution, say 33.3%, towards the replacement of the bridge or in the alternative make no capital contribution but accept on-going responsibility for its maintenance and repair, or

b) They accept a cash settlement from Council for the replacement of the bridge and its on-going maintenance and repair.

2 That the Mayor, General Manager and Assistant General Manager Engineering Services be provided with delegated authority to enter into a negotiated settlement and deed of agreement in relation to a negotiated outcome.

3 That Council’s seal be attached to any negotiated settlement and deed of agreement as required.

4 That the outcome of the matter be reported back to Council for its information.

OPTIONS:

There are a range of potential options as follows.

1. Council replaces the bridge (do nothing/status quo). This effectively accepts the existing service level as a “community service obligation”.

2. Council seeks a reasonable capital contribution, say 33.4%, towards the replacement of the bridge from the benefitting property owner or in the alternative the Council constructs the bridge without the capital contribution but the benefitting property owner agrees to accept on-going responsibility.

3. The Council advises the benefitting property owner that it no longer wishes to have responsibility for the bridge and negotiates a cash settlement with the property owner for them to take responsibility for the replacement of the bridge and its on-going maintenance.

4. The Council advises the benefitting property owner that it cannot afford to replace the bridge and that the property owner make arrangements for its repair, maintenance and replacement.

Consideration was also given to other options including the imposition of a special rate and the preparation of a Section 94 developer contribution plan in the event that the benefitting property is ever subdivided or additional dwellings built.

Section 495 of the Local Government Act 1993 provides that a council may make a special rate for or towards meeting the cost of any works, services, facilities or activities provided or undertaken, or proposed to be provided or undertaken, by the council within the whole or any part of the council’s area. The special rate is to be levied on such rateable land in the council’s area as, in the Council’s opinion:

a. benefits or will benefit from the works, services, facilities or activities, or

b. contributes or will contribute to the need for the works, services, facilities or activities, or

c. has or will have access to the works, services, facilities or activities.

Clearly the proposed bridge replacement could be the subject of a special rate. However if Council seeks to introduce a special rate, besides the obvious objection which would be received in relation to an additional tax, there is an equity issue as to when such special rates should be applied. There are other potential examples across the Shire, and particularly in the more remote rural areas, of Council regularly spending very large sums of money to provide access to a small number of properties. Also the quantum of expenditure is such that a special rate at say an indexed $1,000 per annum would take 271 years to recoup the planned expenditure. A further issue is that special rates which would result in Council exceeding its rate cap require the approval of the Independent Pricing and Regulatory Tribunal (IPART).

Council could also consider preparing a Section 94 developer contributions plan to seek a contribution towards the bridge replacement in the event the property is ever subdivided or additional dwellings are erected. Again such a contribution plan is unlikely to yield much of the planned expenditure and indeed would only be relevant in the event of further development occurring.

DISCUSSION:

The bridge provides access over the Taylors Arm of the Nambucca River to a single property, being 38 Saddlers Lane, Taylors Arm. The property is comprised of Lot 1 DP 358908 which has an area of 76.32 hectares and Lot 34 DP 665511 which has an area of 80.94 hectares. A plan showing the proposed bridge is attached. It will be noted from the plan that the existing road approach on the northern side is not within the road alignment and nor would the road approach to the proposed replacement bridge be within the road alignment.

The land is zoned mainly RU2 Rural Landscape with a relatively minor part zoned RU1 Primary Production. The minimum requirement for subdivision or the erection of a dwelling is 40 hectares per additional allotment or dwelling. As such the land does have potential for further subdivision and for the erection of additional dwellings.

Council’s bridge replacement program listed the bridge replacement at $271,000. An attempt has been made to reduce this estimated cost by providing the replacement bridge slightly downstream of the existing bridge at a narrower crossing point. However it will still comprise a 15m single span with concrete deck 3.6m wide plus a galvanised steel kerb rail. It is proposed that the piers and superstructure be all concrete. To avoid the cost of replacing the bridge and the on-going risk of flood damage, alternatives have been investigated of providing access across adjoining properties to other roads. However these alternatives are assessed as being more expensive than replacing the bridge.

As Council grapples with the implications of the forthcoming handover of the existing Pacific Highway, there is a need for an on-going critical review of service levels if the Council is to have any chance of being financially sustainable. On the face of it, a direct infrastructure investment of $271,000 of ratepayer funds to provide access to a single property is an extraordinarily high level of service which the Council can no longer afford.

Consideration has been given to opportunities which might be available to transfer responsibility for the on-going maintenance of the bridge to the benefitting property owner. There are a range of potential options which are listed in the report, but the most likely of these are listed as options 2 and 3 being as follows:

It is proposed that the Mayor, General Manager and Assistant General Manager Engineering Services be provided with delegated authority to enter into a negotiated settlement and deed of agreement in relation to the replacement and on-going responsibility for the maintenance and repair of the bridge.

CONSULTATION:

There has been consultation with the Mayor, Assistant General Manager Engineering Services, the Manager Assets and Engineering Designer.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

It is often argued that Council’s most basic community service obligation is the provision of vehicle access to properties. However with the foreshadowed hand over of 30km of the Pacific Highway to Council, it is flagged that Council will have to reduce service levels and/or increase rates to remain financially viable or “fit for the future”.

Economic

There are no significant economic implications.

Risk

The risks mainly concern deterioration in Council’s financial sustainability. Consideration will need to be given to the content of a Deed of Agreement and its referencing on the title to the land to ensure future property owners are aware of their responsibilities and further that Council’s Auditors are satisfied that Council is not legally responsible for the bridge.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The budgetary impacts are discussed in the report.

Source of fund and any variance to working funds

The recommendation has no impact on working funds.

Service level changes and resourcing/staff implications

The recommendation is concerned with reducing Council’s service level in relation to Browns Bridge off Saddlers Lane.

Attachments:

31404/2016 - Site Diagram - Browns Bridge

Ordinary Council Meeting 27 October 2016

General Manager's Report

ITEM 9.5 SF2279 271016 Overview and Review of Council's Organisation Structure

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Council is required to review and may re-determine its organisation structure within 12 months of the election.

The report sets out Council’s organisation structure and provides some benchmarking and customer satisfaction data against which Council can assess its appropriateness, that is whether or not it is “fit for purpose”.

Recommendation:

1 That Council note the review of its organisation structure.

2 That Councillors provide the General Manager with any feedback they have on the appropriateness or otherwise of Council’s organisation structure.

3 That Council note the proposed changes to position titles.

OPTIONS:

There are many options in relation to the review of Council’s organisation structure. It is open to the Council what resources it allocates towards the employment of staff. However, it needs to be acknowledged that reducing the expenditure on staff can affect service levels and equally increasing the expenditure has an opportunity cost on the delivery of services.

The Council can, after consulting with the General Manager determine the senior staff positions within the council. The senior staff positions in Council comprise the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services.

Whilst it is a matter for the General Manager to determine the positions (other than the senior staff positions) within the organisation structure, it is open to the Council to provide the General Manager with feedback on the appropriateness or otherwise of Council’s organisation structure

DISCUSSION:

Section 333 of the Local Government Act 1993 provides that Council’s organisation structure may be re-determined from time to time and that the council must review, and may re-determine, the organisation structure within 12 months after any ordinary election of the council.

This report provides a review of Council’s organisation structure pursuant to Section 333 and proposes a number of changes.

Section 332 of the Act delineates the respective responsibilities of the Council and General Manager as follows:

(1) A council must, after consulting the general manager, determine the following:

(a) the senior staff positions within the organisation structure of the council,

(b) the roles and reporting lines (for other senior staff) of holders of senior staff positions

(1A) The general manager must, after consulting the council, determine the positions (other than the senior staff positions) within the organisation structure of the council.

Section 332 also provides that the positions within the organisation structure of the council are to be determined so as to give effect to the priorities set out in the strategic plans (including the community strategic plan) and delivery program of the Council. Whilst Council is yet to review the community strategic plan there is nothing that prevents the Council from reviewing its organisation structure at the conclusion of that review, or indeed at any future time.

It is anticipated there will be recommendations to change Council’s organisation structure forthcoming in the short to medium term. The primary purpose of this report is to provide the Council with an overview of the existing organisation structure and to provide Councillors with the opportunity to provide any feedback which would inform future reports.

The provision in Section 332 whereby the council is responsible for determining the resources to be allocated towards the employment of staff is important as staffing is one of the Council’s largest variable costs and as such is integral to the service levels which Council seeks to provide and to the Council’s overall financial performance.

The Council’s organisation structure is attached.

It will be noted that the organisation structure has a full time equivalent (FTE) staffing of 114.54 persons which represents a reduction of approximately 10 FTE over the past 8 years. The reduction in the FTE has been achieved through regular reviews of the organisation structure targeted at increased efficiency whilst largely retaining existing service levels. A feature of the changes has been a reduction in the number of senior (contracted) staff from four to three.

Of course FTE is not on its own a determinant of efficiency or service levels as councils can and do employ contractors to undertake work which could otherwise be undertaken by day labour. Notwithstanding, given the relative significance of labour costs to Council’s operations if Council prioritises its financial viability it is reasonable to target a maintenance or reduction of the FTE.

Comparative Data

In terms of comparative date, the Office of Local Government did publish a useful annual report providing comparative data on the performance of NSW Councils. Their last report was published in June 2015 for data from the 2013/2014 financial year. It does not seem that a similar report was published in June 2016 and it is unknown whether or not the comparative reporting will continue.

Whilst the 2013/14 data is now ageing and pre-dates the recent local government reforms involving the amalgamation of councils it is the best available to provide some keys indicators in relation to the operations of Nambucca Shire Council relative to its peers. The report is useful in explaining some of the drivers behind the performance of local government.

Across the State in 2013/14, councils spent an average of 17% of their expenditure on services on governance and administration. The comparative figure for Nambucca Shire Council is 3%. Conversely Nambucca Shire Council allocated 30% of its total expenditure to roads, bridges and footpaths compared to a State average of 16%. Also of interest was Council’s expenditure on the environment being 15% of total expenditure, almost the same as the State average of 16%.

In relation to expenditure, key observations made by the Office of Local Government in June 2015 were:

· Rural councils generally have far greater costs per capita due to their relatively smaller populations

· Road related expenditure is far greater in rural areas due to the significant larger road networks

· Metropolitan and metropolitan fringe councils have lower per capita expenditure primarily due to economies of scale

· Expenditure per capita can vary due to councils’ decisions in relation to the number and size of services provided

· Metropolitan councils do not provide water and sewer services

· Many rural councils provide “Other Services” such as landing strips, aerodromes and agricultural services that are not provided by most other councils

Across the State the average asset maintenance ratio improved marginally from 91.1% in 2012/13 to 91.2% in 2013/14. A measure of 100% indicates a council is investing sufficient funds to ensure its infrastructure backlog does not increase. Nambucca Shire Council’s asset maintenance ratio for 2013/14 was 93%.

The following table indicates selected comparative data for the 7 councils which at the time comprised the Mid North Coast Region Organisation of Councils. In May 2016 Greater Taree and Gloucester Councils were amalgamated with the Great Lakes Council.

Selected Local MIDROC Comparative Data – 2013/14 Financial Year

	Bellingen	Coffs Harbour	Gloucester	Greater Taree	Kempsey	Nambucca	Port Macquarie
Population	12,854	71,798	4,974	48,846	29,361	19,529	76,563
FTE¹	124	503	86	250	286	119	489
Population/FTE	104	143	58	195	105	164	157
Revenue²	27,276	147,760	14,469	68,417	58,683	41,286	177,462
Expenses³	32,152	159,987	18,616	65,437	79,536	35,480	145,591
Pensioners %⁴	28	21	29	29	30	37	30
Road length⁵	567	848	757	1,725	1,188	704	1,333
SEI rating⁶	55	70	47	12	4	9	75
Unemployment⁷	6.7	5.8	5.7	8.7	9.1	10.1	6.0
Av. Res. Rate⁸	846	905	646	896	780	794	1,024
Av. Farm Rate⁹	1,859	1,637	2,596	1,543	1,548	1,633	1,759
Av. Bus. Rate¹⁰	964	3,688	1,217	3,972	1,762	1,595	3,257
Water&Sewer¹¹	1,142	1,352	n/a	n/a	1,303	1,078	1,254
Waste¹²	430	513	560	359	297	416	366
% Grants¹³	28	16	39	38	26	39	31
Operating Ratio	-39	-16	-83	-25	-39	-14	-6
Debt Service¹⁴	2.5	25.0	4.0	10.1	15.2	15.9	10.7
Governance%¹⁵	15	16	14	16	15	3	4
Environmental%¹⁶	15	17	9	20	11	15	16

¹FTE = full time equivalent staff

²Revenue = Total revenue from continuing operations ($’000)

³Expenses = Total expenses from continuing operations ($’000)

⁴Pensioners % = % Pensioner residential rate

⁵Road length = Total road length (including local, regional & state in kms)

⁶SEI rating = Socio-Economic Index Rating (out of 152 with 1 being the most disadvantaged)

⁷Unemployment = unemployment rate as at 30 June 2013

⁸Av. Res. Rate = Average Residential Rate 2013/14 in $

⁹Av. Farm Rate = Average Ordinary Farmland Rate 2013/14 in $

¹⁰Av. Bus. Rate = Average Ordinary Business Rate 2013/14 in $

¹¹Water&Sewer = Typical water and sewer bill in 2013/14 in $

¹²Waste = Average Domestic Waste Annual Charge in 2013/14 in $

¹³% Grants = % Grants Revenue

Operating Ratio = Operating Performance Ratio which measures a council’s achievement in containing operating expenditure within operating income. An operating deficit before capital occurs when total expenses are greater than total revenue (excluding all capital amounts). Total expenses include depreciation, amortisation and impairment. Expressed as a % with the objective being a positive result.

¹⁴Debt Service = Debt Service Ratio which measures the amount of general income that is used to repay debt and interest charges. The benchmark is greater than 0% and less than 20%.

¹⁵Governance% = % of total expenditure on governance and administration

¹⁶Environmental % = % of total expenditure on environmental

The local comparison indicates how Nambucca Shire Council is performing in relation to these key indicators in its local region. Of course the comparison does not explain the reasons for the different performance. There is some related data such as the socio-economic indicator (SEI) rating (where one is worst and 153 is best), % of pensioners, % unemployed which does provide a reasonable indication of relative disadvantage.

2016 Customer Satisfaction Survey

The other means of assessing whether or not Council’s organisation structure is “fit for purpose” is by comparing it to the outcome of Council’s 2016 customer satisfaction survey.

Of particular note are the two quadrants of Higher Importance and Lower Satisfaction where Council’s perceived performance is weak and the quadrant of Lower Importance and Higher Satisfaction where Council’s perceived performance is good. The services in each quadrant are as follows:

· Higher Importance, Lower Satisfaction

a. Environmental monitoring and protection

b. Tourism marketing

c. Economic development/new investment

d. Sealed roads

e. Public toilets

f. Footpaths and cycleways

g. Bridges

· Lower Importance, Higher Satisfaction

a. Libraries

b. Council pool

c. Sporting facilities

d. Community halls

e. Online services

f. Sewage collection and treatment

There are also some trends in the customer satisfaction survey which are worthy of note in terms of future resourcing requirements. Just over a third of respondents had used the Council website in the past year. Website use is climbing with the proportion of respondents indicating they had used the website showing an upward trend (from 22% in 2010 to 25% in 2013 to 38% in 2016). Unsurprisingly, younger residents were more likely to have used the website than older residents.

Fit for the Future

In late 2015, the Independent Planning and Regulatory Tribunal (IPART) released its assessments of NSW Councils Fit for the Future Council Improvement Proposals.

Nambucca Shire Council was judged as being fit. Sixty percent of Councils were found not to be fit.

The report accepted that the Council has the required scale and capacity to effectively deliver services to Shire residents. The report also accepted that Nambucca Shire Council has a creditable plan to improve performance and meet the Fit for the Future benchmarks by 2020.

An extract from the report that details IPART’s assessment of Council’s proposal is attached. The full report is available at http://www.ipart.nsw.gov.au/ or on Council’s website. A map showing the Councils assessed as “fit” and “unfit” is attached.

This Council’s improvement proposal which IPART assessed can be found on Council’s website and will be the subject of an induction session. It is recommended that Councillors read this information and in particular the improvement proposal. Rest assured that in any future discussions about Council amalgamations that this Council’s performance will be measured against our submitted improvement proposal.

One element of the improvement proposal is for Council to hold employment costs in real terms with an FTE not exceeding 114 in the period to June 2020. The improvement proposal lists a number of strategies to achieve this outcome being:

a) Review each vacancy to ensure the role is essential to the organisation

b) Rely on contractors and labour hire to accommodate seasonal variation in work load

c) Continue to embrace new technology and work methods that enhance labour productivity

Another related efficiency strategy listed in the improvement proposal is to undertake service reviews through the use of staff teams to clarify the need for the service; to establish how to best meet that need and to identify changes in service delivery which might yield efficiencies. A recent small example of a service level review initiative was moving Council staff from weekly to fortnightly pay. This has allowed the Council to meet its administrative and reporting obligations with 0.6 FTE instead of 1.0 FTE. Such reviews typically only achieve small savings in FTE but a program of similar initiatives has the potential to generate significant savings.

Hence the Council’s adopted organisation structure is an important component of our Fit for the Future improvement proposal and accordingly will be a key indicator against which the Council’s performance is assessed.

Proposed Change to the Organisation Structure – Position Titles

There are a number of relatively minor changes proposed to position titles to more accurately reflect their duties. These proposed changes are as follows:

1. Position title of “Technical Officer Assets” to be changed to “Technical Officer Infrastructure”

2. Position title of “Technical Assistant Assets” to be changed to “Assets Officer”

3. Position title of “Site Leader Bridges” to be changed to “Site Leader Structures”

CONSULTATION:

The recommendation concerns a consultation process.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no significant economic implications.

Risk

There are no significant risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report has no budgetary implications.

Source of fund and any variance to working funds

There is no impact on working funds.

Service level changes and resourcing/staff implications

Council’s approach to changes in the organisation structure has generally been to maintain existing service levels.

Attachments:

1	36047/2016 - Organisation structure chart adopted 16 June 2016 (FTE 114) - version 3
2	33449/2015 - Fit for the Future Nambucca Assessment Extract
3	33448/2015 - Fit For the Future Map Councils Fit and Unfit

Ordinary Council Meeting - 27 October 2016

Model Code of Conduct

Strengthening local government

Office of Local Government

MODEL CODE OF CONDUCT

FOR LOCAL COUNCILS IN NSW

November 2015

(Adopted By Nambucca Shire Council on 2016)

CONTENTS

PART 1 INTRODUCTION.. 3

PART 2 PURPOSE OF THE CODE OF CONDUCT. 3

PART 3 GENERAL CONDUCT OBLIGATIONS.. 4

PART 4 CONFLICT OF INTERESTS.. 6

PART 5 PERSONAL BENEFIT. 11

PART 6 RELATIONSHIP BETWEEN COUNCIL OFFICIALS.. 14

PART 7 ACCESS TO INFORMATION AND COUNCIL RESOURCES.. 16

PART 8 MAINTAINING THE INTEGRITY OF THIS CODE.. 19

PART 9 DEFINITIONS.. 21

PART 1 INTRODUCTION

This Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”) is made for the purposes of section 440 of the Local Government Act 1993 (“the Act”). Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code. For the purposes of section 440 of the Act, the Model Code of Conduct comprises all parts of this document.

Councillors, administrators, members of staff of council, independent conduct reviewers, members of council committees including a conduct review committee and delegates of the council must comply with the applicable provisions of council’s code of conduct in carrying out their functions as council officials. It is the personal responsibility of council officials to comply with the standards in the code and regularly review their personal circumstances with this in mind.

Failure by a councillor to comply with the standards of conduct prescribed under this code constitutes misconduct for the purposes of the Act. The Act provides for a range of penalties that may be imposed on councillors for misconduct, including suspension or disqualification from civic office. A councillor who has been suspended on three or more occasions for misconduct is automatically disqualified from holding civic office for five years.

Failure by a member of staff to comply with council’s code of conduct may give rise to disciplinary action.

PART 2 PURPOSE OF THE CODE OF CONDUCT

The Model Code of Conduct sets the minimum requirements of conduct for council officials in carrying out their functions. The Model Code is prescribed by regulation.

The Model Code of Conduct has been developed to assist council officials to:

· understand the standards of conduct that are expected of them

· enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

· act in a way that enhances public confidence in the integrity of local government.

PART 3 GENERAL CONDUCT OBLIGATIONS

General conduct

3.1 You must not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that:

a) contravenes the Act, associated regulations, council’s relevant administrative requirements and policies

b) is detrimental to the pursuit of the charter of a council

c) is improper or unethical

d) is an abuse of power or otherwise amounts to misconduct

e) causes, comprises or involves intimidation, harassment or verbal abuse

f) causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

g) causes, comprises or involves prejudice in the provision of a service to the community. (Schedule 6A)

3.2 You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the Act or any other Act. (section 439)

3.3 You must treat others with respect at all times.

Fairness and equity

3.4 You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

3.5 You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

Harassment and discrimination

3.6 You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.

3.6.1 You must not bully or support others who engage in such behaviour. Bullying is repeated unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. Bullying comprises behaviour that intimidates, offends, degrades, insults or humiliates a worker, possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour. [Clause inserted by Council 12 June 2013]

3.6.2 Council has developed clear workplace policies to look after the health, safety and welfare of its workforce. [Clause inserted by Council 12 June 2013]

Development decisions

3.7 You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

3.8 In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

Binding caucus votes

3.9 You must not participate in binding caucus votes in relation to matters to be considered at a council or committee meeting.

3.10 For the purposes of clause 3.9, a binding caucus vote is a process whereby a group of councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the council or committee irrespective of the personal views of individual members of the group on the merits of the matter before the council or committee.

3.11 Clause 3.9 does not prohibit councillors from discussing a matter before the council or committee prior to considering the matter in question at a council or committee meeting or from voluntarily holding a shared view with other councillors on the merits of a matter.

3.12 Clause 3.9 does not apply to a decision to elect the Mayor or Deputy Mayor or to nominate a person to be a member of a council committee.

PART 4

CONFLICT OF INTERESTS

4.1 A conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

4.2 You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

4.3 Any conflict of interests must be managed to uphold the probity of council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

4.4 Private interests can be of two types: pecuniary or non-pecuniary.

What is a pecuniary interest?

4.5 A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. (section 442)

4.6 A person will also be taken to have a pecuniary interest in a matter if that person’s spouse or de facto partner or a relative of the person or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter. (section 443)

4.7 Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

a) councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

b) councillors and members of council committees disclose an interest and the nature of that interest at a meeting, leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter (section 451)

c) designated persons immediately declare, in writing, any pecuniary interest. (section 459)

4.8 Designated persons are defined at section 441 of the Act, and include, but are not limited to, the general manager and other senior staff of the council.

4.9 Where you are a member of staff of council, other than a designated person (as defined by section 441), you must disclose in writing to your supervisor or the general manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.

What are non-pecuniary interests?

4.10 Non-pecuniary interests are private or personal interests the council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

4.11 The political views of a councillor do not constitute a private interest.

Managing non-pecuniary conflict of interests

4.12 Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant. You must do this as soon as practicable.

4.13 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. This disclosure constitutes disclosure in writing for the purposes of clause 4.12.

4.14 How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

4.15 As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

a) a relationship between a council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household

b) other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

c) an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

4.16 If you are a council official, other than a member of staff of council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

a) remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another council official

b) have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply.

4.17 If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

4.18 If you are a member of staff of council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

4.19 Despite clause 4.16(b), a councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate council’s decision-making role to council staff through the general manager, or appoint another person or body to make the decision in accordance with the law. This applies whether or not council would be deprived of a quorum if one or more councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 4.16(b) above.

Reportable political donations

4.20 Councillors should note that matters before council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

4.21 Where a councillor has received or knowingly benefitted from a reportable political donation:

a) made by a major political donor in the previous four years, and

b) where the major political donor has a matter before council,

then the councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 4.16(b).

4.22 For the purposes of this Part:

a) a “reportable political donation” is a “reportable political donation” for the purposes of section 86 of the Election Funding, Expenditure and Disclosures Act 1981,

b) a “major political donor” is a “major political donor” for the purposes of section 84 of the Election Funding, Expenditure and Disclosures Act 1981.

4.23 Councillors should note that political donations below $1,000, or political donations to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

4.24 If a councillor has received or knowingly benefitted from a reportable political donation of the kind referred to in clause 4.21, that councillor is not prevented from participating in a decision to delegate council’s decision-making role to council staff through the general manager or appointing another person or body to make the decision in accordance with the law (see clause 4.19 above).

Loss of quorum as a result of compliance with this Part

4.25 Where a majority of councillors are precluded under this Part from consideration of a matter the council or committee must resolve to delegate consideration of the matter in question to another person.

4.26 Where a majority of councillors are precluded under this Part from consideration of a matter and the matter in question concerns the exercise of a function that may not be delegated under section 377 of the Act, the councillors may apply in writing to the Chief Executive to be exempted from complying with a requirement under this Part relating to the management of a non-pecuniary conflict of interests.

4.27 The Chief Executive will only exempt a councillor from complying with a requirement under this Part where:

a) compliance by councillors with a requirement under the Part in relation to a matter will result in the loss of a quorum, and

b) the matter relates to the exercise of a function of the council that may not be delegated under section 377 of the Act.

4.28 Where the Chief Executive exempts a councillor from complying with a requirement under this Part, the councillor must still disclose any interests they have in the matter the exemption applies to in accordance with the requirements of this Part.

4.29 A councillor, who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interests in the matter, is permitted to participate in consideration of the matter, if:

a) the matter is a proposal relating to

i) the making of a principal environmental planning instrument applying to the whole or a significant part of the council’s area, or

ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the council’s area, and

b) the non-pecuniary conflict of interests arises only because of an interest that a person has in that person’s principal place of residence, and

c) the councillor declares the interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part.

Other business or employment

4.30 If you are a member of staff of council considering outside employment or contract work that relates to the business of the council or that might conflict with your council duties, you must notify and seek the approval of the general manager in writing. (section 353)

4.31 As a member of staff, you must ensure that any outside employment or business you engage in will not:

a) conflict with your official duties

b) involve using confidential information or council resources obtained through your work with the council

c) require you to work while on council duty

d) discredit or disadvantage the council.

Personal dealings with council

4.32 You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

PART 5

PERSONAL BENEFIT

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits

5.1 You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

5.2 You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

5.3 Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

i) the discussion of official business

ii) council work related events such as training, education sessions, workshops

iii) conferences

iv) council functions or events

v) social functions organised by groups, such as council committees and community organisations

b) invitations to and attendance at local social, cultural or sporting events

c) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers

e) prizes of token value.

Gifts and benefits of value

5.4 Notwithstanding clause 5.3, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

5.5 You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

c) accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d) accept any gift or benefit of more than token value

e) accept an offer of cash or a cash-like gift, regardless of the amount.

5.5.1 By way of further clarification of clause 5.5, you must not accept any gift or benefit, even where the gift or benefit is of token value, that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty. [Inserted by Council 12 June 2013]

5.6 For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

5.7 Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

5.7.1 By way of further clarification of clause 5.7, where you receive a gift or benefit of less than $30 (token value) you are encouraged to record the gift or benefit in the Council’s Gifts and Benefits Register, particularly where there is likely to be an ongoing business relationship with the person who offered you the gift or benefit. [Inserted by Council 12 June 2013]

5.7.2 By way of further clarification of clause 5.7, where you receive a gift or benefit of more than token value you must initially seek to refuse or return the gift or benefit. Even if you were successfully able to refuse or return such a gift or benefit, you are encouraged to disclose promptly to your supervisor, general manager or Mayor the offer of the gift or benefit and record it in the Gifts and Benefits Register, particularly where, in your opinion, the offer of the gift or benefit was made with a suspected improper motive. [Inserted by Council 12 June 2013]

5.7.3 By way of further clarification of clause 5.7, the supervisor, general manager or Mayor shall determine what action is to be taken regarding gifts and benefits which have been surrendered to council and this decision shall be recorded in the Gifts and Benefits Register. [Inserted by Council 12 June 2013]

Improper and undue influence

5.8 You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

5.9 You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

PART 6

RELATIONSHIP BETWEEN COUNCIL OFFICIALS

Obligations of councillors and administrators

6.1 Each council is a body politic. The councillors or administrator/s are the governing body of the council. The governing body has the responsibility of directing and controlling the affairs of the council in accordance with the Act and is responsible for policy determinations, for example, those relating to workforce policy.

6.2 Councillors or administrators must not:

a) direct council staff other than by giving appropriate direction to the general manager in the performance of council’s functions by way of council or committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

b) in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

c) contact a member of the staff of the council on council related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

d) contact or issue instructions to any of council’s contractors or tenderers, including council’s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to council’s external auditors or the Chair of council’s audit committee who may be provided with any information by individual councillors reasonably necessary for the external auditor or audit committee to effectively perform their functions.

Obligations of staff

6.3 The general manager is responsible for the efficient and effective operation of the council’s organisation and for ensuring the implementation of the decisions of the council without delay.

6.4 Members of staff of council must:

a) give their attention to the business of council while on duty

b) ensure that their work is carried out efficiently, economically and effectively

c) carry out lawful directions given by any person having authority to give such directions

d) give effect to the lawful decisions, policies, and procedures of the council, whether or not the staff member agrees with or approves of them

e) ensure that any participation in political activities outside the service of the council does not conflict with the performance of their official duties.

Obligations during meetings

6.5 You must act in accordance with council’s Code of Meeting Practice, if council has adopted one, and the Local Government (General) Regulation 2005 during council and committee meetings.

6.6 You must show respect to the chair, other council officials and any members of the public present during council and committee meetings or other formal proceedings of the council.

Inappropriate interactions

6.7 You must not engage in any of the following inappropriate interactions:

a) Councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters other than broader workforce policy issues.

b) Council staff approaching councillors and administrators to discuss individual or operational staff matters other than broader workforce policy issues.

c) Council staff refusing to give information that is available to other councillors to a particular councillor.

d) Councillors and administrators who have lodged a development application with council, discussing the matter with council staff in staff-only areas of the council.

e) Councillors and administrators being overbearing or threatening to council staff.

f) Councillors and administrators making personal attacks on council staff in a public forum.

g) Councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make.

h) Council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

i) Council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals.

j) Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by council associated with current or proposed legal proceedings unless permitted to do so by council’s general manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

PART 7

ACCESS TO INFORMATION AND COUNCIL RESOURCES

Councillor and administrator access to information

7.1 The general manager and public officer are responsible for ensuring that members of the public, councillors and administrators can gain access to the documents available under the Government Information (Public Access) Act 2009.

7.2 The general manager must provide councillors and administrators with information sufficient to enable them to carry out their civic office functions.

7.3 Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with council procedures.

7.4 Members of staff of council who provide any information to a particular councillor in the performance of their civic duties must also make it available to any other councillor who requests it and in accordance with council procedures.

7.5 Councillors and administrators who have a private (as distinct from civic) interest in a document of council have the same rights of access as any member of the public.

Councillors and administrators to properly examine and consider information

7.6 Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with council’s charter.

Refusal of access to documents

7.7 Where the general manager and public officer determine to refuse access to a document sought by a councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the councillor or administrator to perform their civic duty (see clause 7.2). The general manager or public officer must state the reasons for the decision if access is refused.

Use of certain council information

7.8 In regard to information obtained in your capacity as a council official, you must:

a) only access council information needed for council business

b) not use that council information for private purposes

c) not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with council

d) only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

Use and security of confidential information

7.9 You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

7.10 In addition to your general obligations relating to the use of council information, you must:

a) protect confidential information

b) only release confidential information if you have authority to do so

c) only use confidential information for the purpose it is intended to be used

d) not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

e) not use confidential information with the intention to cause harm or detriment to your council or any other person or body

f) not disclose any information discussed during a confidential session of a council meeting.

Personal information

7.11 When dealing with personal information you must comply with:

a) the Privacy and Personal Information Protection Act 1998

b) the Health Records and Information Privacy Act 2002

c) the Information Protection Principles and Health Privacy Principles

d) council’s privacy management plan

e) the Privacy Code of Practice for Local Government

Use of council resources

7.12 You must use council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

7.12.1 By way of clarification of clause 7.12, Councillors and members of staff are not permitted to hire or borrow Council equipment for private purposes. [Inserted by Council 12 June 2013]

7.13 Union delegates and consultative committee members may have reasonable access to council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

a) the representation of members with respect to disciplinary matters

b) the representation of employees with respect to grievances and disputes

c) functions associated with the role of the local consultative committee.

7.14 You must be scrupulous in your use of council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

7.15 You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

7.16 You must not use council resources, property or facilities for the purpose of assisting your election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

7.17 You must not use council letterhead, council crests and other information that could give the appearance it is official council material for:

a) the purpose of assisting your election campaign or the election campaign of others, or

b) for other non-official purposes.

7.18 You must not convert any property of the council to your own use unless properly authorised.

7.19 You must not use council’s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.

Councillor access to council buildings

7.20 Councillors and administrators are entitled to have access to the council chamber, committee room, Mayor’s office (subject to availability), councillors’ rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

7.21 Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or delegate) or as provided in the procedures governing the interaction of councillors and council staff.

7.22 Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence council staff decisions.

PART 8

MAINTAINING THE INTEGRITY OF THIS CODE

8.1 You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this code or its administration.

Complaints made for an improper purpose

8.2 You must not make a complaint or cause a complaint to be made under this code for an improper purpose.

8.3 For the purposes of clause 8.2, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

a) to intimidate or harass another council official

b) to damage another council official’s reputation

c) to obtain a political advantage

d) to influence a council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

e) to influence the council in the exercise of its functions or to prevent or disrupt the exercise of those functions

f) to avoid disciplinary action under this code

g) to take reprisal action against a person for making a complaint under this code except as may be otherwise specifically permitted under this code

h) to take reprisal action against a person for exercising a function prescribed under the procedures for the administration of this code except as may be otherwise specifically permitted under this code

i) to prevent or disrupt the effective administration of this code.

Detrimental action

8.4 You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under this code except as may be otherwise specifically permitted under this code.

8.5 You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under this code except as may be otherwise specifically permitted under this code.

8.6 For the purposes of clauses 8.4 and 8.5 detrimental action is an action causing, comprising or involving any of the following:

a) injury, damage or loss

b) intimidation or harassment

c) discrimination, disadvantage or adverse treatment in relation to employment

d) dismissal from, or prejudice in, employment

e) disciplinary proceedings.

Compliance with requirements under this code

8.7 You must not engage in conduct that is calculated to impede or disrupt the consideration of a matter under this code.

8.8 You must comply with a reasonable and lawful request made by a person exercising a function under this code.

8.9 You must comply with a practice ruling made by the Office of Local Government.

8.10 Where you are a councillor or the general manager, you must comply with any council resolution requiring you to take action as a result of a breach of this code.

Disclosure of information about the consideration of a matter under this code

8.11 You must report breaches of this code in accordance with the reporting requirements under this code.

8.12 You must not make allegations of suspected breaches of this code at council meetings or in other public forums.

8.13 You must not disclose information about the consideration of a matter under this code except for the purposes of seeking legal advice unless the disclosure is otherwise permitted under this code.

Complaints alleging a breach of this part

8.14 Complaints alleging a breach of this Part (Part 8) by a councillor, the general manager or an administrator are to be made to the Office of Local Government.

8.15 Complaints alleging a breach of this Part by other council officials are to be made to the general manager.

PART 9

DEFINITIONS

In the Model Code of Conduct the following definitions apply:

the Act the Local Government Act 1993

act of disorder see the definition in clause 256 of the Local Government (General) Regulation 2005

administrator an administrator of a council appointed under the Act other than an administrator appointed under section 66

Chief Executive Chief Executive of the Office of Local Government

committee a council committee

conflict of interests a conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty

council committee a committee established by resolution of council

“council committee

member” a person other than a councillor or member of staff of a council who is a member of a council committee

council official includes councillors, members of staff of council, administrators, council committee members, conduct reviewers and delegates of council

councillor a person elected or appointed to civic office and includes a Mayor

delegate of council a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated

designated person see the definition in section 441 of the Act

election campaign includes council, State and Federal election campaigns

personal information information or an opinion about a person whose identity is apparent, or can be ascertained from the information or opinion

the Regulation the Local Government (General) Regulation 2005

The term “you” used in the Model Code of Conduct refers to council officials.

The phrase “this code” used in the Model Code of Conduct refers also to the procedures for the administration of the Model Code of Conduct prescribed under the Local Government (General) Regulation 2005.

Ordinary Council Meeting 27 October 2016

General Manager's Report

ITEM 9.10 SF1852 271016 Result of Exhibition Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24 Coronation Road, Congarinni North

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

Summary:

The purpose of this report is to inform Council of the results of the exhibition of the proposed LEP amendment to allow seniors living facility at 24 Coronation Road, Congarinni.

During the exhibition Council received eleven (11) submissions. The majority of the issues raised related to the flooding matters. The following summarises flood related matters associated with the proposal.

· The seniors living facility proposed on the site is located above the flood planning level and probable maximum flood;

· The site will be isolated in events greater than a 5% AEP event (1 in 20 year flood event) due to flooding at Kings Point;

· Isolation is modelled at an estimated 16hrs for a 1% AEP event (1 in 100 year event) and 6hrs for a 2% AEP event (1 in 50 year), this would be subject to SES/ Council re-opening closed roads at Joffre St and/ or Wilson Road.

· Modelling recently provided by applicant for various access road scenarios indicates that access may be designed and constructed to limit off site impacts. A future development application must be designed to ensure that no off site flood impacts will occur in accordance with the Nambucca LEP 2010.

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

Recommendation:

1 Council support the planning proposal and forward the relevant information to the Department of Planning and Environment for consideration in respect to compliance/consistencies with the Section 117 Direction 4.3 Flood Prone Land;

2 Upon receipt of agreement of the Secretary of the Department of Planning and Environment, that Council proceed to make the plan, pursuant to delegated authority provided to Council by the Minister of Planning and Environment.

OPTIONS:

1. Pursuant with the clause 58 of the Environmental Planning and Assessment Act 1979 Council may determine not to proceed with the Planning Proposal. The applicant would be advised of their right to request a review of the determination.

2. Council may engage an expert to provide a peer review of the flood information provided to date and pursuant to clause 11 of the Environmental Planning and Assessment Regulation 2000 and subject to agreement, request the applicant pay for the cost of such a review.

3. Council may choose to re-exhibit the Planning Proposal with the additional flood information supplied by the applicant.

DISCUSSION:

Background

The planning proposal seeks a Schedule 1 Amendment to the Nambucca LEP 2010 to allow the future lodgement of a development application for seniors living on Lot 155 and Lot 188 DP755537 (24 Coronation Road Congarrinni North). The proposal will also amend part of the land from RU1 Primary Production Zone to E2 Environmental Conservation.

An indicative site masterplan has been provided to support the planning proposal which will give Council an indication of the potential scale of future development on the land. This has been included as [attachment 1]. A basic summary of the potential future development is provided below.

- 280 bed nursing home;

- 265 self-contained dwellings, servicing owner occupier and rental markets;

- On site facilities, indoor pool, gymnasium, lawn bowls, tennis court, communal bistro, community centre and media centre;

- Storage for caravans and boats

- Temporary accommodation for visitors

- Helipad for emergency use;

- Access Road connection to Coronation Drive

This Planning Proposal was originally lodged with Council in February 2013 and has a lengthy history. Council may wish to review previous reporting on the matter presented to Council on the 24^th April 2013, 28^th May 2015 and 12 November 2015 to gain a full understanding of the process and history of the proposal. Nevertheless a general overview of the process involved in this proposal is presented below:

- Proposal lodged with Council;

- Gateway determination received;

- Applicant prepared supporting documentation;

- Amended Gateway determination received to include Environmental zoned land;

- Council consideration of flooding matters;

- Planning Proposal exhibited;

- Applicant prepared further information to address flooding matters;

Previous reporting has address various constraints and issues related to the site and the majority of these matters have been addressed as part of the planning proposal documentation. Additional information has recently been provided in respected to flooding. This information was prepared by the applicant post exhibition.

Agency Consultation

Pursuant to the gateway determination Council forwarded the application to agencies for comment. Comments have been received and the proposal was amended to reflect feedback. The following table shows the results of the consultation and any changes made to the planning proposal, as a result of the consultation:

Agency	Comments	Proponent Response
Office of Environment and Heritage (OEH)	OEH supportive of the proposal as it is outside all sensitive areas; Recommends rezoning of high conservation area of the site be pursued (E2 or E3). OEH indicates Aboriginal cultural Heritage Assessment should be undertaken. OEH - is satisfied the residential development can be excluded from the PMF area. Future Development can be accommodated on higher ground outside the floodway and with a floor level at least 0.5 metres above the 1 in 100 year flood level with unencumbered access to the PMF area. As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.	The proponent has agreed to rezone other ecological areas to either E3 Environmental Management or E2 Environmental Protection. As such it is recommended this area be amendment to E2 Environmental Protection. Artifact was engaged to prepare an Aboriginal Heritage due diligence assessment which has been completed. The report concludes that areas identified as archaeological sensitivity should be subject to further assessment at the Development Application stage should these areas proposed to be disturbed. The entire development is designed to be above the Probable Maximum Flood. The proponent has examined the Emergency Care and Evacuation from the site and it is proposed to retain residents on site. Emergency transport being provided via the provision of a helicopter landing facility located on the site.
NSW Department of Primary Industries	DPI raised concerns that the proposal is inconsistent with Regionally Significant Farmland Mapping. Specifically DPI indicates the site has not been identified within a regional strategy or LEP and although the site is well connected to Macksville, the DPI says there is a natural divide provided by Taylors Arm between the site and Macksville. This proposal could be the first of significant development on the western bank of Taylors Arm and the DPI is concerned it could fragment the existing landscape making it difficult for agribusiness to develop and potentially spark land use conflict with neighbouring landholders.	RMCG was engaged to investigate DPI’s concerns. The report addresses agricultural limitations of the land and likely outcomes in terms of land use compatibility. It is noted that in its Gateway determination the Department of Planning and Environment agreed that variations to the 117 Directions 1.5 Rural Land was of minor significance.
NSW Roads and Maritime Services	RMS required a detailed traffic investigation to be undertaken for the proposal to address a number of matters	Traffix were engaged to address the items of concern raised by the RMS and recommended that: - Intersection works at the corner of Joffre street, Wilson Street, and Coronation Road including auxiliary left turn treatment and minor works to ensure compliant basic right turn (subject to detail design). The report concludes the planning proposal is supportable on traffic planning grounds and the future development should operate satisfactorily.
NSW Rural Fire Service	The RFS provided no objection to the planning proposal subject to compliance with the Rural Fires Act 1997. The original plan did not meet the requirements of Planning for Bushfire Protection	A bushfire Protection Assessment was undertaken to ensure compliance with Planning for Bushfire Protection. The original Concept plan has since been amended to ensure compliance with Rural Fire Service Requirements.
State Emergency Service – have provided 2 responses.	21 August 2013. The SES summarise the most important principles to be investigated for this proposal as the site contains flood prone land. These items mainly pertain to an assessment of risk in relation to inundation of access, resident isolation, alternative egress, evacuation, and management of emergency situations. The advice cites insufficient information with regard to access to/egress from the site in flood situations and states that ‘shelter-in-place’ has been shown to have significant associated risks and is not equivalent to evacuation. 13 February 2014 A second letter of advice was received from the SES in response to Meinhardt’s flooding evacuation investigations. This advice summarised the most recent findings with regard to isolation and voiced that any increase in flood risk results in an increased demand on the SES and other emergency services. The SES is opposed to the use of private evacuation plans as a condition of development consent. The Service does not have statutory authority to endorse private evacuation plans nor does it have the resources to review and comment on private evacuation plans. The advice directs considerations to the NSW Floodplain Development Manual (April 2005) (FDM) where, under Appendix N, it explains the limitations of Private Evacuation Plans and also why the NSW SES is against these Plans as a developmental consent condition.	Meinhardt were then engaged to prepare the Flooding Emergency Warning Plan to devise a safe response for the intended aged residents in flood events (Appendix 11). This report was then forwarded back to the SES for further comment. The proposed Evacuation Plan is considered the most thorough and safe resolution to the flooding constraints of the land to enable a development for aged accommodation on the site. It is acknowledged that the NSW SES do not support any development on flood prone land, nor development that will not enable safe evacuation from flood waters, due to the potential increased risk, and as such, increased demands upon the Service. It is also acknowledged that the NSW FDM does not support private evacuation plans being approved as a condition of development consent. Additional information was forwarded to the SES in Oct 2015 and no response has been received. It therefore assumed their previous concerns with the development are maintained.

In summary, in regards to consultation on the flooding issue the opinions of the Office of Environment and Heritage (OEH) and the State Emergency Services (SES) are:

· OEH – Despite having not seen the most recent plans raising the access road from the property OEH is satisfied the residential development can be excluded from the PMF area. Future Development can be accommodated on higher ground outside the floodway and with a floor level at least 0.5 m above the 1 in 100 year flood level with unencumbered access to the PMF area. As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.

· SES – the SES does not support the development given it is not in accordance with SES policies nor the Floodplain Development Manual in relation to the limitation of use of private evacuation plans. A more recent referral to the SES was not responded to, therefore is assumed that the SES maintains it concerns with the planning proposal.

Public Exhibition

The Planning Proposal was exhibited between 19 November 2015 and 23December 2015. During the exhibition period Council received eleven (11) submissions which are provided as [attachment 2]. The following is a summary of the concerns raised in submissions:

- Building up access on property will create flood problems for Kings Point residents including Jellicoe Street and Sturdee Street;

- Also road and access raising may impact on other Macksville residents and the Town Centre;

- No consideration to Macksville community or businesses that have already invested in the shire;

- Raising Coronation Road will create flood problems;

- Raising road from 2.5 – 4.2m will restrict flows;

- What are the expected increase in flood levels with the proposed road raising;

- No published flood modelling to support the proposed rezoning;

- Earth embankments on approaches to Wilson Road Bridge already restrict flows;

- Debris will accumulate under the bridge amplifying issues;

- Any increase to floodwaters in Kings Point is too much;

- Evacuation routes for Kings Point residents is going to be a problem as high velocities occur in the area;

- Flood Free access from the facility to Joffre Street seems pointless and would create pressure on emergency services should immediate hospitalisation be required when facility is isolated;

- Nearest air ambulance is based in Lismore – ability to access these resources during a flood event may not be possible;

- Careful examination of staffing and medical services is required.

- Widening Coronation road will have environmental impacts on mangroves, she oaks etc.

- Hard surfaces in Macksville industrial area and residential growth areas possibly impact on Kings Point and Macksville;

- Run off from site needs to be taken into consideration;

- Figure 7 in planning proposal is possibly outdated;

- Taylors Arm Road where the road runs parallel to the river, the road has been banked alongside the river with unknown impacts in extreme floods;

- River oaks have proliferated along Tilly Willy Creek possibly exacerbating flooding impacts

- Gravel has been building up in the river system and moving east towards the town drain;

- A development of this size may take years to grow to that extent and may not be viable as an evacuation point.

- Applicant may not be the developer as the site is advertised on realestate.com;

- The Chamber of Commerce generally supports economic development but in this instance objects to the proposal due to the adverse impacts the development may have in respect to flooding;

- Fail to see how residents on Coronation road will be effected in a significant way and question why they were notified of the development but not the residents of Kings Point;

- Upset that the proposal was not notified to residents of Kings Point this should be done, Council has a legal responsibility to do so;

- Due to raised insurance premiums some residents in Kings Point do not have flood insurance;

- Guarantee/ assurance that the development will not increase risk of flooding to residents of Kings Point;

- Extension of submission period and forward to Kings Point residents;

- Flooding issues have not been adequately addressed.

The applicant’s response to the submissions is provided as [attachment 3 & 4] and summarised below:

- Many of the issues raised in submissions have been dealt within the documentation provided to support the planning proposal;

- In respect to flooding the reporting has centred on the site itself and not potential impacts to surrounding landscape; we understand Council may seek additional information from the applicant to achieve this end, but this will be done reasonably.

- Meinhardt response to flood concerns – The proposed seniors living facility has been considered in respect to flooding issues (both within the development itself and the potential impacts on adjacent land uses). The rest will be determined as part of a future DA.

Flooding Investigations

At the request of Council staff further information was provided by the applicant in respect to potential flooding impacts on surrounding land. This report is titled ‘summary of flood impacts’ (Meinhardt, 2016) and is provided as [attachment 5]. This report includes additional modelling which demonstrates the impacts of a 1% AEP flood on surrounding land for an access road constructed to the 1% AEP level and alternative construction to 3m AHD level which is just above 5% AEP (1 in 20 year) level. Both of these modelled scenarios include the provision of two (2) culverts within the construction of the access road.

The modelling demonstrated that impacts of a 1% AEP event combined with an access road developed to a 1% AEP level would have unacceptable impacts on Kings Point and adjoining properties impacts of up to 50 – 60mm were modelled for Kings Point and impacts of up to 85mm were encountered on land adjoining the proposed access road. Refer to the below image.

A further model was undertaken which reduced the proposed access road level from the 1% AEP level (RL 4.2) to RL 3m (just above the 5% AEP level, 1 in 20 ARI). This access road level would be slightly below the level at which Joffre St is flooded. This model demonstrates an additional flood depth impact on 50mm on the adjoining property however no additional impact to the Kings Point area with the addition of 2 culverts (0.9m x 6m). No surrounding dwellings would be impacted should this modelled scenario be developed. See the below image.

Further to this the applicant’s engineer has calculated the potential for an access designed to the 1% AEP level to be constructed using multiple culverts to maintain existing floodwater flows through the site and not impact on flood waters elsewhere. According to the engineering report the inclusion of 23 culverts (2m x 3.6m) at a length of approximately 86m would accommodate the flows of a 1% AEP event. This construction option has not been modelled to demonstrate its effectiveness.

Ideally Council would require access to a 1% AEP level, nevertheless it is logical to give consideration to access availability beyond the site boundaries. It has previously been reported that Joffre Street floods during a 5% AEP event and would effectively dislocate all areas west of the Taylors Arm to the Macksville Town Centre including a development on the subject site. So although Council may demand the applicant provide access to a 1% AEP level on the land this will not result in a reduced isolation period for any residents located on the site. The isolation period of the site will remain constant for any scale of access road constructed based on the level at which Joffre Street is flooded.

Previous reporting has provided time series flood modelling on Joffre Street between the planning proposal site and Macksville Town Centre. The modelling examines the time Joffre Street becomes inundated at its lowest point being the bridge closest to town (3.5m AHD) for a 1 in 50 and 1 in 100 event.

The graph below shows the development would be isolated from town for approximately 16.5hrs during a 1% AEP post highway event. During an event of this size there would be approximately 28hrs before the access becomes inundated.

During a 1 in 50 year event the site would be isolated for approximately 6hrs.

The modelled figures and isolation period are based purely on water levels and the existing roads (bridge deck). Council and the SES would need to determine when the road is safe to be re-opened after a flood event, this may involve, debris removal and appropriate inspections of the infrastructure.

Planning Comment

The applicant is proposing that occupants of the facility will not be evacuated as the facility will be above the 1% AEP level and PMF level.

Any future development on the site is to be located above the Probable Maximum Flood (PMF) level. That is all habitable buildings will be constructed to flood planning levels as well as the PMF. Further, the main facilities being the aged care facilities; communal centre and wellness centre are located well above the PMF and can be used for additional evacuation should it be necessary.

In this respect the proposed buildings on site are unlikely to be at risk from the most extreme event modelled. In a large flood event the residents on this land will be better positioned in comparison to much of Macksville for instance the Council chambers, Autumn Lodge, the majority of the CBD, north Macksville, and large portions of Willis, East and Wall Street which all flood and are likely to require evacuation.

The below images illustrate the extent of a PMF and 1% AEP impact to Macksville and the position of the subject land and indicative development footprint.

As with previous commentary provided to Council, staff are satisfied that the proposed facilities on site are unlikely to be at risk from the most extreme event modelled and the frequency and period of isolation is relatively low – Approximately 16hrs for a 1%AEP event.

The applicant has demonstrated that simple construction of an access through the floodway on the site with the minimum engineering considerations given to the accommodating the floodwaters will result in unacceptable impacts to surrounding land.

The applicant has also demonstrated that lowering the road will substantially reduce offsite impacts.

The applicant has indicated that installation of culverts would accommodate flood flows through the site however this has not been modelled.

There are a number of options that could be considered through design refinements of the access prior to lodgement of a future Development application. These various options may be considered to effectively maximise access to and from the site and minimise the impact such a construction may have on surrounding properties. The types of construction methods that may be used to maximise access and reduce offsite impacts include:

- bridging;

- culvert use;

- lowering the access road (no less than Joffre St); and

- modifying the alignment of the access road.

As a requirement of any future DA process and pursuant to the requirements of the Nambucca LEP 2010 the applicant will be required to demonstrate that the design of the access will provide the maximum available safe access to and from the site and also not impact the local area.

Other matters would also need to be given consideration through this process including allowances for debris in designs and property management, safety and other such processes. The applicant has provided a flood emergency warning plan as part of this planning proposal.

The final design of the access road to the facility remains un-resolved however full detail design of such structures would not typically be required until the development application stage. The proposed access will be required to be designed to ensure that it will not result in an increased flooding impacts on surrounding properties including Kings Point. This is explained in more detail below.

Should a development application be lodged on the site in the near future the Nambucca LEP 2010 does not include provisions for development that is proposed outside the flood planning level. In this regard Clause 7.3 of the Nambucca LEP 2010 would only apply to development on land at or below the flood planning level which would include development of the access road and among other things it indicates that development consent must not be granted unless Council is satisfied that the development.

(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

As the facility itself is outside of the flood planning area (that is it is above the 1% AEP), clause 7.3 would not apply. Staff have requested that the draft Flood Risk Management Plan and Study include new provisions within the LEP to capture these types of the developments. The draft provision is presented below and is adapted from the Port Macquarie Hastings LEP 2011.

117 Directions

117 Directions are to be applied to proposed LEP amendments in accordance with the provisions of the Environmental Planning and Assessment Act 1979. The department has acknowledged concurrence with all 117 Directions except the 117 Direction 4.3 Flood Prone Land which states the following.

(6) A planning proposal must not contain provisions that apply to the flood planning areas which:

(a) permit development in floodway areas,

(b) permit development that will result in significant flood impacts to other properties,

(d) are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or

(e) permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development.

A revised gateway determination on the matter was received on the 15^th July 2015 and this gateway determination also indicated that Council may still require agreement of the Secretary of Department to comply with S117 Direction 4.3 Flood Prone Land.

It is noted that the 117 Direction applies to Flood Planning Areas, which is land below the flood planning level, the future development of a seniors living facility on the land is proposed above the flood planning area and construction of a road is permissible use in the rural zone. The applicant has provided additional flood information to contribute to the consideration of the 117 Direction matters and Council is required to forward all relevant material to the Department of Planning and Environment to obtain the secretaries approval in respect to this direction prior to the plan being made.

CONSULTATION:

General Manager

Senior Town Planner (Acting Manager Planning and Environment)

SUSTAINABILITY ASSESSMENT:

Environment

The amended planning proposal includes rezoning of part of the land to E2 Environmental Conservation. This area will encompass the Wetland Areas and Endangered Ecological Communities. Further investigations would be required to support any future development on site particularly in relation to stormwater management, landscaping and maintaining natural flow regimes (particularly on the proposed access).

The applicant has demonstrated that impacts to the environment and adjoining properties could occur if the access to the future development on the site is not designed appropriately. Future design of the access road would need to ensure that there will be no impacts to adjoining land during flood events.

Social

The planning proposal has addressed a number of issues relevant to the local community, emergency response and management. These matters are discussed in the body of this report.

Should it proceed the proposal will provide a significant form of housing for the projected aging population.

Economic

The proposal provides significant economic opportunities in the Shire during and post construction. The scale of the proposed development is such that it would provide significant on-going benefits to the Macksville CBD as well as for the various trades and services which would be required to support what is effectively a small village. In the post highway upgrade period such economic opportunities will help replace the economic stimulus provided by highway workers and highway investment.

The proposed development will also provide a wealth of direct employment opportunities for local people who have qualifications in aged care.

Risk

The question of risk is key to this rezoning. A recent Land and Environment Court decision in relation to seniors living and flooding identified the reasonableness of the risk to residents and the potential anxiety and stress during an emergency situation as a core issue.

In this court decision the Council refused the development which was upheld in the Court. However the development related to this decision had significant differences to what is being proposed, including buildings that were directly impacted by regular (5 - 100 year) event floodwater and the floodway despite the floor levels located above the 1 in 100 year plus freeboard. Significant engineering solutions were required to mitigate the flood risk to protect the building and basement car park and these measures would exacerbate the flood velocities elsewhere. Some parts of the buildings were suspended above the flood waters by no more than 0.9m.

In this planning proposal the risk is summarised as follows:

· future development of the site will be fully above the PMF and therefore the risk to the property directly related to flood impact is considered low. Some damages and clean up would be required over the low lying portion of the site including the proposed access;

· the site will be isolated from Macksville in events equal to or greater than a 1 in 20 year event,

· the emergency response plan proposes to retain residents on site during a flood event;

· the plan includes helicopter facilities for evacuation in relation to medical emergencies not catered for on-site. During a major flood that isolates the site it is likely that the parts of the state will be having similar difficulties and helicopter access may be limited;

· individuals on site are likely to experience heightened levels of stress during an emergency situation. The applicant indicates the facilities on site will be better equipped to deal with such situations than evacuation centres and the evacuation of patients would contribute to additional anxiety.

· Isolation is modelled at an estimated 16hrs for a 1% AEP event (1 in 100 year event) and 6hrs for a 2% AEP event (1 in 50 year). This would be subject to SES/ Council re-opening closed roads at Joffre St and/ or Wilson Road.

· Appropriate design of the access to the facility is essential to ensure no off site impacts would be encountered during a flood event.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

nil

Source of fund and any variance to working funds

nil

Service level changes and resourcing/staff implications

nil

Attachments:

1	14417/2015 - Concept Plan Sheet 1
2	36040/2016 - scanned Submissions
3	36028/2016 - Response to submissions - Hampton Property Group
4	36029/2016 - Response to Residents Flooding Concerns Meinhardt
5	36025/2016 - 111183-MIE-Summary of Flood Impact Assessment Rev B (3)

Ordinary Council Meeting 27 October 2016

Assistant General Manager Engineering Services Report

ITEM 11.2 SF85 271016 Minutes of the NSW Rural Fire Liaison Committee 10 August 2016

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services

Summary:

The NSW Rural Fire Service, Lower North Coast Zone, Liaison Committee met on Wednesday 10 August 2016. This report provides Council with an overview of the activities of the RFS for the fourth and final quarter of the 2015/16 financial year.

Recommendation:

1 That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement - 2015/16 held on Wednesday 10 August 2016.

2 That Council place the unexpended funds within the RFS 2015/16 budget into the RFS reserve and used towards the 2016/17 budget accordingly.

OPTIONS:

Receive and note the report

DISCUSSION:

The Liaison Committee considered the following agenda items:

1 The SLA 2015/2016 Q4 Quarterly Business Plan, Operational and Financial Reports; and

2 Budgets 2015/16 – 2016/17.

The minutes of the meeting held 10 August 2016 are included within the report for Council’s information and the SLA quarterly business plan, financial and performance reports have been provided under separate cover due to their size.

SLA Business Plan/Quarterly Performance Report

The RFS Zone Manager presented the fourth and final quarterly performance report for the 2015/16 financial year and advised the committee that they generally met all the targets with the agreed outcomes.

Financial Report

The Zone Manager, Rural Fire Service Lower North Coast Zone advised that the final expenditure for the Service for the period ending 30 June 2016 for the Nambucca Shire Council was under budget and advised that the low expenditure on the budget is attributed to the low fire activity and favourable weather conditions across the Shire.

The Zone Manager provided verbal analyses on the comparison for the financial advantages and disadvantages of purchasing new tankers versus second hand units that are funded partly by the trading in of existing tankers, as well as trading in the Group Captains’ vehicles every two years.

Type of vehicle	Detail	New value	Value at 6-10 years of age	Value at 11-15 years of age
Cat 1	Village	$322,100.00	$105.229.00	$79,722.00
Cat 7	Crew cab	$197,400.00	$83,525.00	$48,125.00
Cat 9	Single cab	$118,300.00	$39,039.00	$29,575.00

Council’s AGMES highlighted the concerns of Council with the $40,000 increase with Council’s RFS budget, and advised that these increases cannot be substantiated and commented that the new methodology that the RFS provided would see a further increase of approximately $10,000.00 to Council’s budget.

Operations Report - Nambucca

Lead Agency	Q1	Q2	Q3	Q4	Total	*2014/15 Q4*
Rural Fire Service	56	28	29	48	161	150
Fire & Rescue**	30	8	8	7	3853	37
National Parks	3	-0	1	0	4	3
Forest Corp	2	3	0	1	6	5
Police	6	8	1	3	18	17
Ambulance	0	0	0	1	1	3
SES	0	0	2	1	3	0
*Total*	97	47	41	61	*245*	*215*

Operations Report - Kempsey

Lead Agency	Q1	Q2	Q3	Q4	Total	*2014/15 Q4*
Rural Fire Service	81	47	50	113	291	271
Fire & Rescue**	61	36	47	75	219	177
National Parks	6	0	2	0	68	67
Forest Corp	3	0	1	1	35	33
Police	6	5	7	4	22	26
Ambulance	0	0	0	0	0	24
SES	0	0	1	1	1	2
*Total*	*157*	88	*107*	*194*	*546*	*490*

Operations Report - Lower North Coast (Total)

Lead Agency	Q1	Q2	Q3	Q4	Total	*2014/15 Q4*
Rural Fire Service	137	75	79	181	452	421
Fire & Rescue**	91	44	55	82	372	214
National Parks	9	0	3	0	12	10
Forest Corp	5	3	1	2	11	8
Police	12	13	8	7	40	43
Ambulance	0	0	0	1	1	7
SES	0	0	2	2	4	2
*Total*	*254*	*135*	*148*	*255*	*389*	*705*

* Figures obtained from ICON - ** Not all F&R incidents are attended by RFS

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/099	2 July 2015	132 Lot Residential Subdivision	Lot 1 DP 1119830, Marshall Way, Nambucca Heads
STATUS: Additional information provided by applicant – this has been referred to the RFS.

DA NO	DATE OF RECEIPT		PROPOSAL			PROPERTY DESCRIPTION
2015/099	2 July 2015		132 Lot Residential Subdivision			Lot 1 DP 1119830, Marshall Way, Nambucca Heads
SUBMISSIONS RECEIVED Two public submissions has been received – they oppose the development: · The increase in expected traffic raises major concerns re safety (particularly for the elderly and the young), congestion, parking within the Plaza and speeding. · Concerned that there isn’t enough local infrastructure and services to support new residents eg doctors. · A community forum should be held to gauge dissatisfaction with the proposal · Spring Street isn’t wide enough to cope with the increased traffic · Stormwater in Spring Street and surrounding areas is already a problem · Concerned about the safety of turning out of Spring Street, when Marshall Way is a through road
STATUS: Additional information provided by applicant – this has been referred to the RFS.
DA NUMBER		DATE OF RECEIPT		PROPOSAL	ADDRESS
2016/147		5 September 2016		Telecommunications Facility	Lot: 28 DP: 1048659, Vernon Street Scotts Head (Buz Brazel Park)
29 opposing submissions, two late supporting submissions and three late opposing submissons have been received · Too close to the Yarning Circle and other parts of the park where people relax · The proposed fence is divisive and aggressive · It is too close to the school – health and safety concerns from exposure to radiation · Not enough community consultation · Incompatible land use · Proposed screening is not sufficient · Unsuitable visual impact · Another site should be used instead – Gumma or Yarrahapinni · Properties will be devalued · Will impact on mental health of those who live nearby · Information in SEE is incorrect – pole is not screened, the vegetation to the east is not dense, there is no vegetation to the north. · Will disturb the habitat of the glossy black cockatoo and other wildlife · 4G data and voice already available in Scotts Head · Emf information appears to be incorrect · Submission period shouldn’t be in the school holidays. · Department of Education believes Council should adopt their policy of “prudent avoidance” and have the tower relocated further away from the school Supporting submission: · Incorrect information is being circulated around the community · Better mobile phone reception would be a positive for the community
STATUS: As the council is the owner of the land, arrangements have been made for the development application to be assessed by staff of Bellingen Shire Council. Again, because this council is the owner of the land, the application will be reported to the elected Council for determination rather than be determined under delegated authority.
DA NUMBER		DATE OF RECEIPT		PROPOSAL	ADDRESS
2016/164		21 September 2016		Dual Occupancy – second dwelling	Lot 27 Section H DP 20823, 19 Wallace Street, Scotts Head
Three submissions have been received – they oppose the proposal · Privacy and overshadowing issues · Stormwater needs to be dealt with appropriately · Driveway shouldn’t be gravel · Asbestos should be removed according to regulations · Trees marked for removal of driveway should be retained or replaced.
STATUS: Being assessed

MEETING	DATE	VENUE	COMMENCING
Access Committee Meeting	25 October	Council Chambers	2.00 PM
Ordinary Council Meeting	27 October	Council Chambers	5.30 PM
Ordinary Council Meeting	10 November	Nambucca Community & Arts Centre, Nambucca Heads	5.30 PM
Access Committee Meeting	22 November	Council Chambers	2.00 PM
Ordinary Council Meeting	24 November	Council Chambers	5.30 PM
Ordinary Council Meeting	15 December	Utungun Community Hall	5.30 PM