SHIRE COUNCIL
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Ordinary Council Meeting
AGENDA ITEMS
26 October 2017
Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.
Our Vision
Nambucca Valley ~ Living at its best.
Our Mission Statement
‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’
Our Values in Delivery
· Effective leadership
· Strategic direction
· Sustainability of infrastructure and assets
· Community involvement and enhancement through partnerships with Council
· Enhancement and protection of the environment
· Maximising business and employment opportunities through promotion of economic development
· Addressing social and cultural needs of the community through partnerships and provision of facilities and services
· Actively pursuing resource sharing opportunities
Council Meetings: Overview and Proceedings
Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).
How can a Member of the Public Speak at a Council Meeting?
1 Addressing Council with regard to an item on the meeting agenda:
Members of the public are welcome to attend meetings and address the Council. Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.
2 Public forum address regarding matters not on the meeting agenda:
Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.
In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information.
Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.
Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.
Speakers should address issues and refrain from making personal attacks or derogatory remarks. You must treat others with respect at all times.”
Meeting Agenda
These are available Council’s website: www.nambucca.nsw.gov.au
NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting - 26 October 2017 COMMENCING AT 5.30PM AND TO BE HELD AT VALLA BEACH COMMUNITY CENTRE HALL, VALLA BEACH ROAD, VALLA BEACH
4.00pm INSPECTION – Onsite At Anderson Park, then Jones Park, South Valla Beach and Thompson Street Car Park – Departure from Council Administration Centre at 3.30pm
5.00pm LIGHT REFRESHMENTS – Valla Beach Community Centre Hall prior to the commencement of the Council meeting at 5.30pm
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
3 DISCLOSURE OF INTEREST
Ordinary Council Meeting - 12 October 2017................................................................................. 7
5.1 Notice of Motion - Request for Leave - Cr Janine Reed..................................................... 19
6 Notices of Rescission
6.1 Notice of Rescission - Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture 20
8 ASKING OF QUESTIONS WITH NOTICE
9 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
10 General Manager Report
10.1 Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff...................... 22
10.2 Outstanding Actions and Reports.................................................................................... 41
10.3 Proposed Change to Organisation Structure - Consolidation of Key Duties of Storekeeper and Engineering Support Officer and Creation of a New Position of Design/Project Engineer... 46
10.4 Council Advisory Committees......................................................................................... 49
10.5 Australia Day Committee of Management - Terms of Reference........................................ 54
10.6 Proposed Great Koala National Park............................................................................... 68
10.7 Business Advisory Committee - Minutes of Meeting on 27 September and Committee Meeting Arrangements................................................................................................................. 74
10.8 Modification of Development Consent DA1996/132.......................................................... 81
10.9 Development Applications greater than 12 months or where submissions received - to 17 October 2017.................................................................................................................................... 134
10.10 Minutes of the Library Service Strategic Plan Committee meeting 4 October 2017 and appointment of Consultant.................................................................................................................... 136
10.11 Code of Meeting Practice - Timing for members of the public to address Council Meetings 139
10.12 Council Ranger's Report August and September 2017.................................................... 141
10.13 2017 September - Development and Complying Development Applications Received...... 145
10.14 2017 September - Approved Construction and Complying Development Certificates........ 148
10.15 Reduction in Council's Credit Card Surcharge from 1% to 0.5%....................................... 153
10.16 Request for Donation - Nambucca/Macksville Evening VIEW Club.................................. 155
11 Assistant General Manager Corporate Services Report
11.1 Draft Financial Statements 2016-2017............................................................................ 158
11.2 Investment Report to 30 September 2017....................................................................... 280
11.3 Schedule of Council Public Meetings 2017..................................................................... 285
12 Assistant General Manager Engineering Services Report
12.1 2017-18 Capital Works Program Monthly Report............................................................. 286
12.2 Work Practice Improvements......................................................................................... 290
12.3 Tender T013/2017 - Local Government Procurement Quotations 2017/18 Road Rehabilitation Program.................................................................................................................................... 296
12.4 Nambucca Shire Traffic Committee Meeting Minutes - 10 October 2017........................... 299
13 General Manager's Summary of Items to be Discussed in Closed Meeting
13.1 Confidential - Tender T013/2017 - Local Government Procurement Quotations 2017/18 Road Rehabilitation Program
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.
13.2 Request to Write off Outstanding Rates & Charges
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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.
a Questions raised by Councillors at 9 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
14 MEETING CLOSED TO THE PUBLIC
15 REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.
DISCLOSURE OF INTEREST AT MEETINGS
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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 12 October 2017
The following document is the minutes of the Ordinary Council meeting held 12 October 2017. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 26 October 2017 and therefore subject to change. Please refer to the minutes of 26 October 2017 for confirmation.
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) |
Lorraine Hemsworth (Minute Secretary) |
APOLOGIES
Cr John Wilson |
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CITIZENSHIP CEREMONY |
Ms Yu-Wei Pan received her Australian Citizenship bestowed on her by the Mayor, Rhonda Hoban on behalf of the Minister for Immigration and Boarder Protection, the Hon Peter Dutton MP |
DISCLOSURE OF INTEREST
Mayor, Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Hoban lives on a property with a rural zoning.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Reed is a part owner of land in rural area/zone.
Councillor John Ainsworth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Ainsworth owns rural land in the Shire.
Councillor Susan Jenvey declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Jenvey owns a family share in a 43 ha farm in RU1 zone. She has 10ha of land under intensive horticulture. All her plantings are well within rural buffer zones and could still plant more and be within rural buffer zones. Cr Jenvey has not used chemical sprays for 4 or 5 years. Cr Jenvey has no intentions of increasing the plantings as she has and prefers off farm income.
Councillor Brian Finlayson declared a pecuniary interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Finlayson and his partner have entered into arrangements for the lease of jointly owned property for the purpose of blueberry production. Cr Finlayson left the meeting for this item.
Councillor Brian Finlayson declared a pecuniary interest in Item 9.9 Short Term Holiday Lettings under the Local Government Act as Cr Finlayson and his partner own and are acquiring rental properties in Nambucca Heads. Cr Finlayson left the meeting for this item.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.11 Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation under the Local Government Act as Cr Reed’s sister has been involved in this process.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 September 2017 |
500/17 Resolved: (Reed/Finlayson)
That the minutes of the Ordinary Council Meeting of 28 September 2017 be confirmed. |
RECOMMENDATION:
That the following delegations be heard:
i Peter Gill and Graham Jones - Council management of Jones Park, Valla Beach ii Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd – ITEM 9.10 DA2016/010 Review of Section 64 and 94 Development Contributions – not in attendance. iii Stephen Spear ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation. iv Gurmesh Singh on behalf of Australian Blueberry Growers Association ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation. v Geoff Goesch ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation. vi Marc Percival - ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation. |
PUBLIC FORUM
Mr Peter Gill and Mr Graham Jones addressed Council on the management of Jones Park, Valla Beach and provided a written copy of their notes to Council (TRIM 39069/2017).
PRF5 121017 Jones Park Valla Beach |
501/17 Resolved: (Jones/Ballangarry)
That a report on Jones Park, Valla Beach be received by Council and an onsite Council inspection be arranged. |
Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 5:59 PM
DELEGATIONS continued:
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Stephen Spear - Against the recommendation.
Submission provided to Council.
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Gurmesh Singh on behalf of Australian Blueberry Growers Association – Against the recommendation. Copy of letter provided to Council (TRIM 39146/2017).
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Geoff Goesch – For the recommendation.
· R5 – Rural Village estate and able to be subdivided
· If blueberry farm started buffer zone not enough for spray drift
· Requirement for Development Application
· Lots of chemicals used on blueberries
· R5 designed for subdivision
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Marc Percival – For the recommendation.
· Land values – concerned about affect on land values
· Places for the blueberry and farms in the Valley
· People purchase rural land and then later feel threatened by agriculture
· LEP needs to be involved
· Community unity involved in a common consensus for management of farms
· Round Up has been banned in some overseas countries but still used in Australia
· Need for management and costings
· Pesticide use is regulated
SF2381 121017 Bring Forward Quorum for Planning Proposal to Regulate Horticulture |
502/17 Resolved: (Ainsworth/Reed)
That Item 9.3 Quorum for Planning Proposal to Regulate Horticulture be brought forward. |
Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 7:17 PM
ASKING OF QUESTIONS WITH NOTICE
There were no questions with notice.
QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no questions for Closed Meeting where due notice has been received.
General Manager Report
504/17 RESOLVED: (Ainsworth/Reed)
That the list of outstanding actions and reports be noted and received for information by Council. |
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.
506/17 Resolved: (Reed/Ainsworth)
4 That following the election, the Mayor declares Cr Martin Ballangarry OAM elected as Deputy Mayor for the term of office expiring in September 2018.
5 That the Division of Local Government be advised of the outcome of the election and Council’s website be updated. |
ITEM 9.3 was dealt with earlier in the meeting.
That the list of Advisory Committees as shown in the report as at the 12 October 2017 be deferred and be brought back to Council. |
Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 7:59 PM
Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 8.06 pm.
8.06 pm – 8.35 pm - The meeting adjourned.
Councillor Janine Reed left the meeting before the commencement of this item, the time being 8:36 PM
Councillor Janine Reed returned to the meeting at the completion of this item, the time being 8:48 PM
General Manager Report - LATE
Assistant General Manager Corporate Services Report
519/17 RESOLVED: (Ainsworth/Finlayson)
1 That Council adopt the Draft Debt Recovery Policy (TRIM 31183/2017).
2 That the Policy Register and website be updated accordingly. |
Assistant General Manager Engineering Services Report
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.06 pm.
Confirmed and signed by the Mayor on 26 October 2017.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)
Ordinary Council Meeting 26 October 2017
ITEM 5.1 SF2303 261017 Notice of Motion - Request for Leave - Cr Janine Reed
AUTHOR/ENQUIRIES: Janine Reed, Councillor
Summary:
I request leave of absence for the period Wednesday 15 November to 17 November 2017 to attend a summit on Healthy Children and Young People hosted by the Mid North Coast Local Health District.
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That Cr Reed be granted leave from 15 to 17 November 2017 inclusive. |
Ordinary Council Meeting 26 October 2017
ITEM 6.1 SF794 261017 Notice of Rescission - Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture
AUTHOR/ENQUIRIES: John Ainsworth, Councillor; Rhonda Hoban, Councillor; John Wilson, Councillor
Summary:
No summary is required.
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That the resolution passed by Council in relation to Item 9.3 – Quorum for Planning Proposal to Regulate Horticulture of Council’s Agenda for the meeting held on 12 October 2017 be rescinded.
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DISCUSSION:
The rescission motion is attached.
39389/2017 - Notice of Motion - Item 9.3 Rescission Motion - Quorum for Planning proposal to regulate Horticulture (Council - 12/10/2017) |
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Ordinary Council Meeting - 26 October 2017 Notice of Rescission - Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture |
Ordinary Council Meeting 26 October 2017
ITEM 10.1 PRF5 261017 Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
A summary is not required.
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That the information concerning the response of Council staff to complaints about unauthorised clearing of vegetation in Jones Park, Valla Beach be noted.
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OPTIONS:
There are no identified options.
It is problematic for the elected Council to issue directions in relation to a particular compliance matter where such matters which are routinely undertaken by council staff. Firstly, the Council’s knowledge and awareness of the extent of complaints and compliance action is extremely limited. This could increase the risk of inconsistent approaches. Secondly, there is the risk that the Council’s identified strategic role under the Act could be usurped by matters which are clearly operational. Thirdly, the Council hasn’t heard from the original complainants who by and large wish to remain anonymous but who nonetheless are insistent on Council applying the law. A process whereby only one side of an argument is heard would not be viewed as fair by the Ombudsman or other oversight bodies.
It is suggested that Council’s input be restricted to developing policy concerning the compliance response to instances of vegetation vandalism on public land. This could range from one extreme of taking no action through to the other extreme of erecting substantial screens to block all views.
DISCUSSION:
Following a presentation in the public forum at Council’s meeting on 12 October 2017 it was resolved that there be a report to Council on the matter and that Council undertake an inspection.
As this Council meeting is being held in Valla Beach it is opportune to report on the matter and to undertake the inspection.
The submission which comprised the presentation to Council’s meeting on 12 October 2017 is attached.
By way of background Council staff undertook a site visit on 22 February 2017 following complaints from various residents about unauthorised clearing of the coastal vegetation in the Reserve. The Council staff observed evidence of unauthorised clearing and photographs showing the typical damage are attached.
The matter was discussed at a general meeting of the Valla Beach Community Association on 20 March 2017 which included a briefing by Council staff involved in investigating the complaints.
On 18 April there was an on-site meeting with representatives of the Valla Beach Community Association and some residents present.
The matter was discussed at a Special Meeting of the Valla Beach Community Association on 20 April. Council staff advised the meeting that vegetation had been vandalised and it was planned to revegetate and monitor with the option of erecting screens in the location of the damaged vegetation. The minutes of the meeting note the following:
“The Executive committee reviewed the correspondence and agreed that no further action should be taken by the VBCA. The VBCA acts as a conduit for residents to air their views and this has occurred. It is apparent that the issue is the responsibility of, and in the hands of, the Nambucca Shire Council and the Office of Environment and Heritage, and that they should continue to monitor the situation and take any steps necessary, and the NSC should notify residents of their plans.”
Between 30 May and 1 June five Council staff undertook plantings in the Reserve in the location of the unauthorised clearing with plants of provenance. During that planting work there was a “confrontation” with a resident who expressed concern about the bush fire threat and expressed other reasons why the planting should not take place.
Council’s Green Space Coordinator both denies and takes offence to the allegations of aggressive and intimidating behaviour made in the attached submission and in response makes the following points.
· Council staff were obliged to investigate the matter following complaints about unauthorised clearing being lodged with Council and the Office of Environment and Heritage.
· Council staff did commit significant time to consultation in relation to the matter, including the meetings mentioned and addressing the Valla Beach Community Association. Notwithstanding, for compliance action in relation to unauthorised clearing it is queried why there should be extensive consultation in place of investigation, prosecution and remediation of the site.
· Themeda Grass on coastal sea cliffs and headlands is a recognised Ecological Endangered Community and Council staff have promoted its survival at Jones St
· Council are still mowing the site, but have not mown it, or many other areas in the Shire, for a long time, given the dry weather conditions experienced (up until recent weeks).
· Jones park is still “useable”, but is not, and will not, ever be managed to the same level as playing fields or high use areas (such as Anderson Park in Valla Beach or Bellwood reserve)
· Council’s Green Space Coordinator had a site meeting with Inspector Belinda Devine from the Rural Fires Service on Tuesday 9th May at Jones Street and she stated that the management of Jones Park meets RFS requirements for Asset Protection, but the residents can call the RFS, if they feel a further assessment is required.
· There is no requirement to consult with the Valla Lions Club, as Jones Park is a Council managed reserve whereby Council performs all management and repairs within the reserve (being the same as the Lions Lookout Nambucca Heads).
· The Australian bush contains various venomous and non-venomous snakes and spiders, and it is a misnomer that altering the management of the park will attract more vermin or snakes, given the adjoining bush – all users of any natural areas could come into contact with these creatures
· There are 2 children’s playgrounds, a beach, creek and Anderson Park in close proximity for kids to play in, and I have not witnessed children playing within this reserve. Walking access tracks are all clear of long grass and provide good access to the lookout.
· There is a threat that the vegetation that has been re-established in the areas of illegal clearing could be tampered with or destroyed (as was recently experienced when unknown persons removed approximately 15 tree guards presumably to allow wallaby grazing onto the plants in an attempt to kill them by natural processes) and the Cameras may be in use sign was put up on the advice of management to prevent further damage
· The sign faces dues south towards Jones St itself and cannot be seen from 21 Jones St from any angle
In relation to the disputed sign it is proposed that it be retained until such time as the replanted shrubs/trees are sufficiently advanced to survive on their own (about 3 years).
The actions taken by Council staff in responding to the complaints are entirely consistent with the actions previously taken in relation to vandalism of vegetation on public land. In fact Council has previously undertaken harsher responses with the erection of larger signs and on occasions view screens.
CONSULTATION:
There has been consultation with Council’s Green Space Coordinator.
The Office of Environment and Heritage also received complaints about unauthorised clearing work in Jones Park and the OEH drafted a letter to nearby residents which Council staff circulated. The OEH administers the Native Vegetation Act 2003; Threatened Species Conservation Act 1995 and the National Parks and Wildlife Act 1974 with the aim of protecting and conserving native vegetation, threatened species and their habitats and ecological communities.
SUSTAINABILITY ASSESSMENT:
Environment
The clearing of native vegetation is a significant environmental issue that can cause salinity, weed invasion, sand and soil erosion, soil structure decline and loss of species.
Council staff have reinstated Themeda grass land and have planted some indigenous shrubs/trees on the Crown land to replace those which were vandalised.
Social
Council staff responded to a number of complaints from the public about the unauthorised clearing of a crown reserve (Jones Park). An historical view corridor has been retained.
Economic
There are no significant economic issues.
Risk
Residents have submitted complaints in relation to the action taken by Council staff. Equally there are risks if Council staff were to take no action. Besides the vandalism of native vegetation on public land being an actionable civil wrong, in the context of the coastal vegetation it is likely to be an offence under the Native Vegetation Conservation Act 2003 and possible the Threatened Species Conservation act 1995. If Council staff do not follow up such complaints and take appropriate action then it might be expected that staff would acquiesce from taking action in response to other complaints of a similar nature. This approach could affect the relationship Council has with the Office of Environment and Heritage.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The report has no budgetary impact.
Source of fund and any variance to working funds
The report has no impact on working funds.
Service level changes and resourcing/staff implications
In relation to reducing operating expenditure Council’s Green Space Coordinator and Parks Section need to be commended for their many initiatives to reinstate native landscapes which are self-sustaining and which do not require the level of mowing and weed management of less natural places.
39431/2017 - Jones Park Submission |
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39732/2017 - Photos of clearing - Jones Street Coastal Reserve |
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Ordinary Council Meeting - 26 October 2017 Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff |
Ordinary Council Meeting - 26 October 2017 Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff |
Evidence of recent clearing including cutting down, stripping branches, extended mowing and herbicide spraying of the adjoining native vegetation within the Jones Street Coastal Reserve.
Note: Obvious spraying of native grasses in the understorey
Note: obvious mechanical damage to Melalueca’s on the headland
Shrub appears to be poisoned
Note: No succession of seedlings or understory
Recent damage to smaller trees within the view line
Spraying, mowing and brush-cutting widening of the clearings
Note: no seedlings or succession plants in the understory
Sawn shrub adjoining Jones Street Valla Beach
Obvious sawn stump adjoining Jones Street Valla Beach
Ordinary Council Meeting - 26 October 2017 Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff |
Note: Obvious clearing lines with no understory plants
Note: Historical cleared corridor has been retained – apparent cleared sight line to residence
Note: Cleared sight line on eastern side of Jones Park
Note: Seedlings and succession vegetation in the understory above
Note: Obvious clearing of vegetation and removal of understory offering improved sight corridors
Ordinary Council Meeting 26 October 2017
ITEM 10.2 SF959 261017 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 |
That the list of outstanding actions and reports be noted and received for information by Council. |
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FILE NO |
COUNCIL MEETING |
SUMMARY OF MATTER |
ACTION BY |
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JULY 2011 |
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1 |
SF1031 |
21/7/11 |
That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy
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GM |
31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.
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AUGUST 2015 |
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2 |
SF674 |
13/08/15 |
Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.
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AGMES |
Letter to be drafted to appropriate Minister. Letter sent week ending 30 September 2015. Nil response from the Minister to date, another letter sent 3 December 2015. Response received from Minister and report to a meeting in March 2016.
Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.
22 March 2017: AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.
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OCTOBER 2015 |
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3 |
SF1855 |
26/11/15 |
That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.
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Report late 2017 |
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JANUARY 2017 |
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4 |
SF2208 |
12/01/17 |
Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.
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GM |
Report May 2017 15/05/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.
01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.
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MARCH 2017 |
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5 |
SF2230 |
16/03/17 |
Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Water Cycle Management Plan
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AGMCS |
18/3/17 – Report late 2017
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APRIL 2017 |
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6 |
LF6505 |
13/04/17 |
Council again request the RMS to construct the road connection to Florence Wilmont Drive on the basis that the RMS has created the situation and that the Minister’s assistance be sought.
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GM |
1/5/17 - Letter sent
18/5/17 – Further meeting with head of Pacific Highway requesting funding for the connection as a consequence of Old Coast Road be severed and made a dead end road. Awaiting response.
22/8/17 – Mayor has sent a follow-up email.
29/9/17 -Mayor has sent another follow-up email
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MAY 2017 |
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7 |
SF1541 |
25/05/17 |
That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.
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GM |
31/05/17 – Report in October 2017
18/10/17 - Deferred to December due to workload. |
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8 |
SF818 |
25/05/17 |
That Council write to DPI Water requesting a meeting to pursue the licence amendment (for the Bowra Dam).
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AGMES |
31/05/17 – Awaiting response to request 16/06/17 – Letter sent to DPI Water 31/07/17 – Meeting organised with DPI Water in Grafton on Monday 7 August at 1pm
9/08/2017 – Mayor, GM and MW&S met Office of Water and Fisheries at Grafton. Those Departments are insisting Council undertake a 7 part test to change the dam licence to capture flood flows.
18/10/17 - Fee offer for ecological assessment received from GHD. Fee proposal being sought from NSW Urban Water Services for proposed modelling of dam behaviour with rainfall runoff capture to determine any impacts. This is being reported to River Monitoring Committee (Adaptive Management) in November.
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JUNE 2017 |
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9 |
SF2303 |
15/06/17 |
In consultation with Finance staff the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements. Consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread & opportunities for efficiencies in process & removal of duplication.
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GM & AGMCS |
Report in July 2017
15/7/17 - Delayed due to EOFY priorities. Report in August 2017
/8/17 – Due to statements further delayed until September 2017.
20/09/17 Report in October 2017.
14/10/17 Deferred to return of AGMCS from leave. |
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10 |
SF2290 |
15/06/17 |
That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.
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GM |
Report in November 2017. |
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JULY 2017 |
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11 |
SF841 |
27/7/17 |
Make representations to the Member for Oxley re supporting residents’ concerns in relation to the post construction operational noise of the Pacific h/w between Nambucca Heads and Urunga, requesting additional noise attenuation.
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GM |
Letter sent 31/07/17
20/09/17 Valla residents have met with Melinda Pavey who has provided them with an undertaking to investigate their concerns. |
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AUGUST 2017 |
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12 |
SF979 |
17/8/17 |
Council receive advice from Council’s planning staff on whether the declaration of a Great Koala National Park would have any impact on the permissible uses of adjoining land.
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GM |
Report in September 2017
17/09/17 - Deferred due work load. Will be reported in October
18/10/17 – Deferred to December due to workload. |
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14 |
SF2278 |
17/8/17 |
That council investigate opportunities through the Sustainability Advantage Program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.
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GM |
Report in October 2017 18/10/17 – the opportunities are being investigated by the Clean Energy Committee in terms of priorities. Council is also awaiting advice on the availability of grant funding. It is expected that a report will come to Council following the next meeting of the Clean Energy Committee scheduled for 8/11/17. |
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15 |
SF1631 |
17/8/17 |
Advice be sought from NSW Health as to whether it is appropriate for Council to advise water consumers connected to the transfer main upstream of the balance tank that they should treat the reticulated water supplied as non-potable and boil all water proposed to be used for drinking and cooking.
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AGMES |
8/17 – Report to be done in October 2017
6/09/17 - Letter sent to NSW Health (Port Macquarie).
Waiting on a response. Can report to Council once received.
18/10/17 Still awaiting a response from NSW Health. Have followed this up and have been informed that a reply should be sent within a week.
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16 |
SF1631 |
17/8/17 |
Council consider the construction of a water treatment plant in its future capital works (IWCM) program and financial planning.
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AGMES |
8/17 – Report to be done in October 2017
6/09/17 - Water filtration plant will be included in IWCM capital works and financial modelling. |
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17 |
SF1631 |
17/8/17 |
Grant funding be sought for a conceptual design and costing for a water treatment plant.
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AGMES |
8/17 – Report to be done in September 2017 following submission of EOI.
6/09/17 - An EOI will be submitted for funding of a concept design through the Safe and Secure Water program.
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18 |
SF2303 |
31/8/17 |
That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.
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GM |
Depending on outcome of plebiscite and the Government’s actions. Estimate report in December 2017. |
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SEPTEMBER 2017 |
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20 |
SF988 |
14/09/17 |
GM be provided with delegated authority to engage a suitable consultant to prepare a concept design and cost estimate for the provision of water & sewerage to the new Macksville hospital site.
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GM |
Anticipate a report in November 2017.
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21 |
DA2017/179 |
14/09/17 |
Council determine this DA (Optus mobile base station) & that a site inspection take place.
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GM |
Report to meeting in October.
18/10/17 – Anticipate report to Council in November 2017. |
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22 |
SF2293 |
28/09/17 |
Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.
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GM |
04/10/17 - Pending |
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23 |
SF2397 |
28/09/17 |
Proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville
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GM |
EOI Registered - concept plan needs to be finalised
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24 |
SF2397 |
28/09/17 |
Engage consultants King & Campbell to conduct an inception workshop for stakeholders of the Macksville Memorial Aquatic Centre and proceed with an EOI for the Macksville Aquatic Centre.
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Pending
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25 |
SF2319 |
28/9/17 |
A reviewed policy on fleet replacement be provided to Council which considers electric cars.
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AGMES |
04/10/17 – Report will be presented to Council in January 2018. |
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OCTOBER 2017 |
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28 |
SF2329 |
12/10/17 |
That council further consider funding a business centres revitalisation under the $1.3 billion Regional Growth Fund.
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GM |
Report in November 2017. |
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There are no attachments for this report.
Ordinary Council Meeting 26 October 2017
ITEM 10.3 SF2404 261017 Proposed Change to Organisation Structure - Consolidation of Key Duties of Storekeeper and Engineering Support Officer and Creation of a New Position of Design/Project Engineer
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
An opportunity has been identified to incorporate the key duties of the position of Storekeeper with the key duties of the existing position of Engineering Support Officer. Both positions have been involved with procurement and it is proposed that a new position of Procurement and Fleet Officer be created with the existing two positions being made redundant.
It is proposed to create a new position of Design and Project Engineer. The overall proposal means that there will be no change to Council’s complement of full time equivalent staff but there may be a net increase in operational cost being the difference (increase) in remuneration between the roles of Storekeeper and Engineering Support Officer and a Design and Project Engineer offset by a reduction in operational cost associated with outsourcing design and project management to external contractors.
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That the information concerning the proposed change to the organisation structure being the consolidation of the key duties of the Storekeeper and Engineering Support Officer and the creation of a new position of Design and Project Engineer be received.
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OPTIONS:
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 proposal.
DISCUSSION:
Following the recent retirement of Council’s Storekeeper a review has been undertaken of the functions of that position. The position description has been reviewed and there has been a check of key work outputs. An opportunity has been identified to incorporate the key duties of the position of Storekeeper with the key duties of the existing position of Engineering Support Officer. Both positions have been involved with procurement and it is proposed that a new position of Procurement and Fleet Officer be created with the existing two positions being made redundant.
It is proposed that the incumbent Engineering Support Officer be offered a lateral transfer to the new position of Procurement and Fleet Officer which would be based at Council’s Works Depot and report to the Depot Coordinator. The primary functions of the new position would be:
· Operate Council’s Store and undertake procurement activities to enhance Council’s ability to optimise its purchasing power and ensure value for money
· Perform administrative tasks associated with Council’s fleet
· Maintain Council’s Property Register
· Maintain Council’s Maintenance Management System (Reflect)
It is anticipated that the new position will facilitate further efficiencies in procurement through the use of purchase cards for minor purchases as well as on-line ordering.
Concurrent with this identified potential saving consideration has also been given to issues in resourcing engineering design and project management.
There has been a longstanding issue in Council’s Engineering Services Department in not having sufficient capacity in engineering design and project management to capably service Council’s capital works program. Council has just one Engineering Designer and has had to frequently rely on the services of contractors for both design and project management.
Appropriately qualified and experienced contractors are not always readily available and can be expensive. Council is vulnerable in the delivery of its capital works program in not having designs in place and staff to manage contractors undertaking outsourced work.
In addition Council is aware of the large number of grant programs which the State Government has announced under its Restart funding from the “sale” of poles and wires and the Land Titles Office. The expectation is that Council’s capital works program will increase significantly over the next 2 years as this funding becomes available. With an increase in the capital works program there will be requirements for project management and possibly engineering design.
Adequately resourcing engineering design and project management is of strategic significance to this Council. We are responsible for a huge array of physical assets which wear out and which are susceptible to damage from natural disasters. Whilst the private sector can provide cost effective solutions for many manual and less skilled tasks, the capability of the Council to deliver its core infrastructure does require a commitment of skilled day labour. As well as being appropriately trained and experienced, day labour staff have an awareness of council practices and operations as well as the knowledge of the most practical approach to getting work done.
For these reasons it is proposed to create a new position of Design and Project Engineer. The overall proposal means that there will be no change to Council’s complement of full time equivalent staff but there may be a net increase in operational cost being the difference (increase) in remuneration between the roles of Storekeeper and Engineering Support Officer and a Design and Project Engineer offset by a reduction in operational cost associated with outsourcing design and project management to external contractors. In order to attract the right candidate it will also be necessary to offer a leaseback vehicle.
CONSULTATION:
There has been consultation with the Assistant General Manager Engineering Services, the Manager Human Resources, Council’s Engineering Designer, Assistant General Manager Corporate Services, Manager Infrastructure Services.
Council’s Engineering Designer has advised that there are a number of capital works projects which are currently outsourced simply because there is a lack of internal capacity. He is of the view that there will always be plenty of work for a new position of Design/Project Engineer.
Council’s Consultative Committee will be considering the matter at a meeting scheduled for 24 October 2017. It had been scheduled to be considered before this Council meeting but had to be deferred as there would not have been a quorum.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
Having more capacity to respond to natural disasters is certainly in the interests of the community and Council’s reputation.
Economic
The Council having more capacity in design and project management should lead to more timely and considered decisions in the construction of infrastructure which will be a positive for the local economy.
Risk
With any change to the organisation structure there are risks. These risks pertain to correctly managing the work load of new positions; to unintended changes in service levels which might result in complaints; and finally the more intangible but equally important interpersonal factors where affected staff have to adapt to changes in their position description, work load and reporting arrangements.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The will be an increase in remuneration required for the position of Design and Project Engineer however this will be offset by reduction in operational cost associated with outsourcing design and project management to external contractors.
There are also other financial aspects which are even more difficult to quantify. Having more in-house design and project management capacity will enhance Council’s ability to attract grants; deliver Council’s capital works program; and respond in a more timely manner to work arising out of natural disasters.
Source of fund and any variance to working funds
At this stage there is no impact on working funds.
Service level changes and resourcing/staff implications
Council’s service level in design and project management will certainly be enhanced.
The expectation of the consolidation of the positions of Storekeeper and Engineering Support Officer is that with some adjustments and new initiatives in the use of purchase cards and on-line ordering, that the existing service levels (mainly internal) can be maintained.
Ordinary Council Meeting 26 October 2017
ITEM 10.4 SF842 261017 Council Advisory Committees
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
The report lists the committees which operated over the previous term of Council.
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That Council adopt the list of Advisory Committees as shown in the report with the exception of the Nambucca Emergency Operations Committee of Management which is to be disbanded noting that the Nambucca Bush Fire Management Committee no longer exists as at the 26 October 2017.
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OPTIONS:
The Council largely has discretion as to the committee structure it uses and the delegation of authority which it provides to those committees. A number of committees and their functions such as Audit, Risk and Improvement as well as the Local Traffic Committee are outside Council’s control.
There are a number of factors to be considered in determining the value or cost effectiveness of Advisory Committees. Without limiting the range of considerations, the following should be considered in the establishment of any Committee.
· Whether or not the subject matter is important and complex, requiring more detailed scrutiny and consideration than could be afforded through Council’s normal twice monthly meetings.
· Whether or not Council’s consideration of the matter could be improved by having members of the public or representatives of government departments with particular knowledge or expertise providing advice in a process separate to Council’s normal twice monthly meetings.
· Whether or not the number and/or timing of decisions which need to be made in relation to a matter will require the delegation of authority to a Committee instead of decisions being made by Council at its normal twice monthly meetings.
· Whether or not the consultative opportunities provided by a Committee may improve public participation in decision making over and above what could be achieved through Council’s normal processes for community engagement.
DISCUSSION:
This report was listed for Council’s meeting on 12 October 2017 but was deferred to enable information on the nominated frequency for meetings to be added to the table below.
A brief summary of Council’s Committees which have operated over the previous term are as follows:
Committee |
Previous Councillors |
Terms of Reference |
Adopted/Actual Frequency of Meetings |
Access Committee |
Cr Jenvey Cr Smyth |
To develop and implement strategies which aim to ensure that the Nambucca Shire becomes an accessible community to all people, regardless of their abilities/ disabilities.
|
The Committee’s terms of reference do not provide a meeting frequency. The Committee tried bi-monthly meetings some time ago but reverted back to monthly meetings for the reason that Committee members lost track of matters on the agenda and meeting dates, and the long period between meetings tended to result in people putting off follow up.
The Committee meets a max of 10 meetings per annum. Meetings are not held in December and January.
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Arts Mid North Coast
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Cr Jenvey – with Council requesting an alternative delegate with voting rights (Cr Smyth) |
This is not a committee of council but rather a regional arts body which receives funding from Councils and the State Government and whose mission is to foster and support the creative arts on the Mid North Coast.
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Audit, Risk & Improvement Committee |
Cr Wilson Mr Peter Lawry Bellingen Shire Council Governance Manager |
Committee must review the following aspects of the Council’s operations: compliance, risk management; fraud control; financial management; governance; implementation of strategic plan, delivery program and strategies; service reviews; collection of performance measurement data by the Council; any other matters prescribed by regulation.
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The Charter provides for meetings at least 4 times per year and this is occurring. |
Business Advisory Committee
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All Councillors Ms Kerry Grace Paula Davis, Kath Daley, Jessica Thew, Mickey Hawkes, Ian Moule, Rachel Ward, Anthony Burton, Michael Ettelson, Louise Robinson, Mark Scott, Tracy Saul, Jill Ashley, Mary Lawler, Matt Baker, Judy Ward, Libby Ussher, Nichole Murphie, Chris Knight, Glen Heaton
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For businesses, industry groups and community to work together with Nambucca Shire Council to:
Identify initiatives including, but not limited to marketing, easier access and improved presentation - for the highway by-pass and our future as a community;
Identify opportunities for the future for the Nambucca Shire which are unique to the Valley;
Advise and make recommendations to Council on matters relating to business and the development of the economy.
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The terms of reference provided that the Committee initially meet monthly as a sub-committee and bi-monthly as a whole group and review the frequency after six months. This has been occurring.
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Clean Energy Committee
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Cr Jenvey Cr Smyth Cr Ballangarry Dr Peter Sobey Mr Michael Blockey Mr Colin Wilson Nambucca Valley Conservation Association
Advisory (non-voting) members Office of Environment & Heritage, Council staff)
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To provide and recommendations to Council in respect of: *The status of Council’s Climate Change Adaptation Plan *The implementation of the Climate Change Adaptation Fund of the Environmental Levy *Activities related to Council’s membership with the Sustainability Advantage Program *The sustainable management of Council assets *Identifying opportunities for investment in green/sustainable enterprises *Promoting capacity building & sustainability education in the community *External funding applications/projects and programs related to sustainability.
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The terms of reference provided for quarterly meetings. It took some time to organise the first meeting and to date only one meeting has been held |
Estuary & Coastline Management Committee |
Cr Ainsworth (Chair) Cr Finlayson Cr Reed (plus government department & community reps) |
Provide overall guidance for future management of Nambucca LGA’s river estuaries, coastal floodplains, coastal zone and flood risk in accordance with the NSW Coastal Policy, Flood Policy, State Rivers and Estuary Policy and NSW Wetlands Policy.
Oversee various investigations and studies that are required to evaluate flood risk, coastal zone and estuarine management options.
Assist Council in the preparation of Flood, Estuary and Coastal Zone Management Plans for all Nambucca Shire’s estuaries and coasts in accordance with the State Government Flood, Coast and Estuary Management Manuals.
Explore opportunities and assist Council in obtaining funding for works and projects that are identified as scheduled actions in Flood, Estuary and/or Coastal Management Plans; deemed necessary to effect improved management of coastal and estuary systems prior to the development of such plans.
Act as an advisory body to Council on coastal and estuary issues.
Provide a forum for open discussion, debate and education on coast, flood and estuary issues.
Provide linkages to other natural resource management committees, the catchment management board and community/stakeholder groups.
|
The terms of reference for this Committee provide that they meet on an “as needs” basis. The Committee met on 21 September 2017 and prior to that on 18 November 2016. |
General Manager’s Performance Review Committee
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All Councillors |
The Office of Local Government recommended that a Committee be appointed to review the General Manager’s performance. Whilst Council has a Committee, the practice has been for the twice yearly review of the General Manager’s performance to be undertaken by the Council at a Council meeting.
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The Committee meets twice a year in around April and November. |
Land Development Committee
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All Councillors |
The Council has an extensive property portfolio that comprises both operational and community land. The portfolio requires strategic management. The Committee has met infrequently, mainly because many property matters have been reported direct to Council meetings.
|
The terms of reference provide that the Committee convene semi-annually in February and in August. The last formal meeting of the Committee was in March 2015 however there was a September 2017 briefing on the status of various projects. However many property matters are also reported directly to Council as decisions are required on a more timely basis.
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Library Service Strategic Plan Committee
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Cr Smyth Cr Jones Cr Jenvey
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To oversee the preparation of a 10 year Library Strategic Plan for the library service provided by Nambucca Shire Council
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Life of not more than 12 months and approximately monthly meetings. To date approximately 5 meetings have been held.
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Local Traffic Committee (please note that despite the name, the Committee is not a committee of Council but rather the RMS) |
One Council rep – currently the Manager Technical Services NSW Police RMS Local State Member of their nominee (Mr Barry Reed)
|
Primarily a technical review committee which is required to advise the Council on matters referred to it (as per the guide to the delegation to councils for the regulation of traffic). |
The Committee meets every 2 months. |
Lower North Coast Bushfire Management Committee
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Cr Ainsworth
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The Committee is responsible for the Lower North Coast Bushfire Risk Management Plan preparation and review for Kempsey and Nambucca LGA’s. It meets quarterly.
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The Committee is run by the RFS. It meets quarterly and the last meeting was held on 9 August 2017. |
Lower North Coast (LNC) Service Level Agreement (SLA) Liaison Committee
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Cr Ainsworth |
The Service Level Agreement between Nambucca Shire Council and Kempsey Shire Council and the NSW Rural Fire Service requires an active Service Level Agreement and Liaison Committee to monitor the performance of the Agreement The Regulations require 1 Councillor from each Council, 1 General Manager from each Council (or their delegate), 1 volunteer Fire Fighter from each district, 1 RFS staff member from each district and the Zone Commander. |
The Committee meets on a quarterly basis.
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Nambucca Emergency Operations Centre Committee of Management
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Cr Ainsworth Cr Finlayson |
This Committee meets once a year to review the management arrangements and floor space of the NEOC complex which is located at the rear of the Mary Boulton Cottage Museum (rear of Works Depot).
|
Only meet on an “as needs” basis. The Committee last met in August 2014.
18/10/17 – There is no ongoing need for this committee and it can be disbanded.
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Nambucca Community and Arts Centre
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Cr Smyth Cr Ballangarry OAM |
The name of the entertainment centre has now been changed to the, “Nambucca Community and Arts Centre” which more accurately reflects its functions. Council has exercised its right to have delegates in attendance at Committee meetings. The Committee has included two Councillor representatives as delegates.
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The Committee meets quarterly and their last meeting was in August 2017. |
NSW North Coast Weed Advisory Committee
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Cr Ainsworth Tim Woodward |
The objectives of the Committee are to promote awareness of noxious and environment weeds, to recommend weed policy, and to educate and train people in all matters pertaining to weeds. The Committee meets about quarterly.
|
The most recent minutes in Council’s records are from June 2016. |
Vehicular Access to Beaches Committee
|
Cr Ainsworth Cr Finlayson |
Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets to address the implementation of the policy including standard of access, signage, repairs to access, fees etc. This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.
|
The Committee’s practice has been to meet twice a year. The Committee’s last meeting was in February 2017. |
Mid North Weight of Loads Group Management Committee |
Cr Finlayson |
Council is a financial member of the Mid North Weight of Loads Group which works in cooperation with the NSW RMS to protect and prolong the life of our roads by reducing the incidence of overloaded vehicles. The Group issues breaches for overloading with a focus on education.
|
The Committee meets three times per year, one of which is a Conference. |
CONSULTATION:
There has been no consultation in the preparation of this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
The main risk concerns the opportunity cost of Councillors and staff applying their limited time to supporting the operation of committees. All committees need to be able to demonstrate that better outcomes were achieved through their deliberations than would have occurred without them.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There is no budgetary impact.
Source of fund and any variance to working funds
There is no impact on working funds.
Service level changes and resourcing/staff implications
The management of committees can require a significant commitment of staff time. This arises out of the preparation and circulation of agendas, attending meetings, responding to questions and proposals from committee members as well as preparing and actioning minutes. The commitment of staff time is a cost borne by the organisation so requires careful consideration. Of course there are also time and expense costs incurred by committee members other than council staff which also need to be considered.
Ordinary Council Meeting 26 October 2017
ITEM 10.5 SF2387 261017 Australia Day Committee of Management - Terms of Reference
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
A summary is not required.
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1 Council advise the Australia Day Committee of Management to include the proposed acknowledgement in their terms of reference.
2 That Council note the minutes of the Committee meeting held on 16 October 2017.
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OPTIONS:
Council has options in relation to the content of the terms of reference for its Australia Day Committee of Management.
DISCUSSION:
Council’s Australia Day Committee of Management met on 16 October and considered proposed terms of reference to take effect for the Australia Day Awards in 2019.
The draft terms of reference which were considered are attached.
The Committee of Management considered each provision in the terms of reference and agreed on a number of changes which are contained in the meeting minutes which are also attached.
There is a matter which the Committee seeks Council to resolve being the following acknowledgement:
Acknowledgement
The Nambucca Shire Council supports the National Australia Day Council’s (NADC) Reconciliation Plan including as follows:
NADC believes that our national day should be authentic and mature where we can celebrate and mourn at the same time. We can honour all that is great about Australia and being Australian, remember the sufferings and our shortcomings and commit to build a more cohesive and inclusive nation. We do so with an underlying spirit of optimism.
The acknowledgement was proposed to be included in recognition of the fact that some people and institutions do not approve of Australia Day being held on 26 January. However as indicated in the minutes the Committee resolved that the acknowledgement be removed from the draft terms of reference and that the matter be considered/determined by Council.
It is recommended that Council resolve to advise the Australia Day Committee of Management to incorporate the Acknowledgement in their terms of reference as the wording has been proposed by the National Australia Day Council and responds to concerns which have been raised about the inclusiveness of the date of Australia Day.
CONSULTATION:
The report has been prepared following a request from the Committee of Management for Council to determine the matter.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There has been considerable publicity in recent months concerning the social implications of holding Australia Day on 26 January. Whilst this debate is likely to continue, the National Australia Day Council has proposed in a Reconciliation Plan some words which acknowledge that the date is not necessarily all about a celebration of what is great about Australia but is also a time to reflect on sufferings and shortcomings in the development of our nation and an opportunity to commit to build a more cohesive and inclusive nation.
Economic
There are no economic implications.
Risk
There are no identified risks, other than the publicity which Council might attract should it adopt a position which is inconsistent with the National Australia Day Council.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There is no budgetary impact.
Source of fund and any variance to working funds
There is no implication for working funds.
Service level changes and resourcing/staff implications
There are no service level implications.
39943/2017 - Terms of Reference - Australia Day Committee |
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39942/2017 - Minutes of Meeting on 16 October 2017 |
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Ordinary Council Meeting - 26 October 2017 Australia Day Committee of Management - Terms of Reference |
Nambucca Shire Council
Terms of Reference – Australia Day Committee
(See notes through document)
Purpose
To acknowledge the achievement of outstanding individuals, young and old who have made a valuable contribution to the Nambucca Shire community through an annual awards program. Such awards will help inspire and encourage accomplishment in community service and volunteering, sport, education, arts and culture and be truly inclusive.
Acknowledgement
The Nambucca Shire Council support the National Australia Day Council’s (NADC) Reconciliation Plan including as follows:
“NADC believes that our national day should be authentic and mature where we can celebrate and mourn at the same time. We can honor all that is great about Australia and being Australian, remember the sufferings and our shortcomings and commit to build a more cohesive and inclusive nation. We do so with an underlying spirit of optimism.”
Objectives
The Australia Day Nambucca Shire Council Awards are held in conjunction with the National Australia Day Council. The objective of the Committee is to consider nominations; select annual award recipients and the celebratory event.
Categories
The Nambucca Shire Council Citizen Awards are open to individuals.
Awards are also presented in each of the following categories based on achievement or contribution to the Nambucca Shire community in one of the following areas:
· community service
· sport
· education
· arts and culture
· community event
· Good Neighbour Awards
Eligibility
• Nominees must be Australian citizens and be a resident of the Nambucca Shire at the time of nomination.
• Awards will not be granted posthumously.
• Awards will be based on achievements and contributions in the last twelve months or culminated from many years of work including the twelve months preceding the nomination date.
• A person cannot receive an award for contributions made from their employment or profession.
• A person cannot receive the same award more than once, but can be considered for recognition in another category.
Awards
Citizen of the Year: To be eligible for the Citizen of the Year award a person must be aged 24 years of age or under 70 years on 26 January and could be described as role models in the community who have given selflessly of themselves to others.
Senior Citizen of the Year: To be eligible for the Senior Citizen of the Year award the person must be 70 years of age or older on 26 January and has made an outstanding contribution to their community.
Young Citizen of the Year: To be eligible for the Young Citizen of the Year award the person must be under 24 years of age on 26 January and have made an outstanding contribution to their community or school.
Arts/Cultural Award – There is no age category for this award. This is a special category for outstanding achievement in this field and may not be awarded every year.
Student Award – This is for a special award for school children in the year of nomination. (This award is to encourage and inspire students to strive and I suggest we get a sponsor for this award.)
Young Apprentice or Trainee Award – This is an encouragement award for a young person who is currently undertaking an apprenticeship or traineeship. (This award is to demonstrate the commitment of the Nambucca Shire to further education for young people and I suggest we get a sponsor for this award.)
Senior Sports Person – Male Award – To be eligible for this award, the person must be aged 24years and over and achieved outstanding results throughout the year.
Senior Sports Person – Female Award – To be eligible for this award the person must be aged 24 years and over and achieved outstanding results throughout the year.
OR:
Senior Sports Person Award – To be elibigle for this award the person must be aged 24 years and over and achieved outstanding results throughout the year.
Junior Sports Person – Male Award – To be eligible for this award the person must be under 24 years and achieved outstanding results throughout the year.
Junior Sports Person – Female Award – To be eligible for this award the person must be under 24 years and achieved outstanding results throughout the year.
Senior Sports Team Award – yet to be filled in
Senior Sports Team Award – yet to be filled in
Services to the Community by an Organisation– yet to be filled in
OR
Volunteer of the Year by Individual or Organisation – yet to be filled in (although I am not sure of this one.)
Good Neighbour Australia Day Awards – This special category and presents the opportunity for residents and neighbours to recognize assistance or support given by an individual or a family. More than one award in this category is possible.
Selection
The nominations will be assessed by the Australia Day Committee.
Selection is based on the information provided in the Nomination Form.
Committee members will be asked to first discuss the category under consideration.
A ballot will be taken by the Selection Committee.
In the event of an equality of votes, the Committee must achieve consensus through discussion and further consideration of the nominees.
Nambucca Shire Council reserves the right to withdraw an award if further information or the recipients conduct brings the Nambucca Shire Council Australia Day Awards award into disrepute.
The Committee may, through consensus, elect:
· Not to select an award recipient in a particular category; and/or
The decisions of the Selection Committee are final and no correspondence will be entered into in relation to the selection of award recipients.
Staff provide support and advice to the Committee only and have no voting rights.
How to Nominate
Nominations can only be made by completing the official Nomination Form. Supporting documentation may also be provided. Such documentation should be a copy only of original documents.
Nominees are encouraged to provide as much information as possible on the Nomination Form. Not only will this assist the Committee in the decision-making process, but excerpt from this information will form the basis of the citation which is provided to the local media.
Nominations will only be assessed for the category marked on the nomination form.
Nomination Deadlines:
Nominations will open on the 1st day of November and close at 4 pm on the second Friday in December each year.
Late nominations will not be accepted.
NOTE: If no nominations are received in a particular category, there will be no award for that category.
Who can nominate:
Residents of the Nambucca Shire
Members of the Committee – provided no conflict of interest
Note:
Self-nominees will not be accepted
Nominees will not be accepted if made by a close relation
Council staff members are excluded from making nominations
Councillors are excluded from making nominations
Businesses are excluded from making nominations.
Presentation of Awards
After selection major award recipients will receive a telephone call from the General Manager. All award recipients will receive a formal letter advising them of their selection as an award recipient in the Nambucca Shire Council Australia Day Awards.
A press release will be prepared for the local media including citations, or excerpts thereof, for all awards.
Awards will be presented to recipients at the Nambucca Shire Council Australia Day Awards event which will be held annually on the 25th January at locations within the Nambucca Shire. Such locations will be determined by the Committee and consideration will be given to geographical location and the venue, to share the event throughout the Nambucca Shire.
Awards will be presented by the Australia Day Ambassador, a member of parliament or a representative from Nambucca Shire Council.
Membership, Period of Membership and Method of Appointment
Membership of the Australia Day Local Awards Committee is as follows:
The Australia Day Committee is to have a minimum of five community members and a maximum of 10 community members.
At the first meeting of the committee after Australia Day, the current Citizen of the Year will be invited to participate in the committee to fill one of those positions. If the recipient accepts the invitation and the number then exceeds the maximum number, one member will be asked to retire or the longest serving member will retire.
The Mayor is, by virtue of the Office, ex officio a member of the Committee. It is important that whilst the Mayor may not chair these meetings, appropriate recognition should be given to the presence of the Mayor if in attendance. They Mayor has no voting rights in their capacity as an ex officio member of the Committee.
Memberships shall be reviewed each year but are limited to ten years, and subject to the availability of members.
Council staff will provide support and assistance to the Committee as required.
Delegated Authority and Decision Making
The Committee has the capacity to make decisions/recommendations in relation to the objectives outlined above in this Terms of Reference.
Meeting Proceedures
Meetings are to be held at a time to be determined by the Australia Day Local Awards Committee and meetings are to be held in the Council Chambers.
Committee meetings are confidential and closed to the public. Committee members must not disclose the matters discussed at the meeting with anyone other than a fellow Committee member.
Staff are authorised to disclose award recipients to third parties in order to plan for the Australia Day Awards event.
The Committee will hold a minimum of three meetings per year.
Members must be in attendance to vote.
CHAIR
The position of Chairperson shall be appointed annually at the first meeting of the Committee.
Agenda and Minutes
Agendas and Minutes must be prepared for each meeting. The Agenda must be provided to members of the Committee not less than seven days before the time fixed for the holding of the meeting.
Due to the nature and role of this Committee, minutes shall remain confidential.
Conflict of Interest Provisions
In performing the role of Committee member, a person must:
• act with integrity;
• impartially exercise his or her responsibilities in the interests of the local community;
• not improperly seek to confer an advantage or disadvantage on any person;
• treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other persons;
• commit to regular attendance at meetings; and
Where a member has an interest or a Conflict of Interest (as defined in the Local Government Act) in relation to a matter in which the Committee is concerned, or is likely to be considered or discussed, the community member must disclose the matter to the group before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the community member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting.
Australia Day Awards Event
Venue:
Time:
Order of Ceremony:
Length of Ceremony: To be limited to no longer than 1.5 hours.
Address: An address will be given by the Ambassador
Presentations of Awards: To begin with Good Neighbour Awards and finish with Citizen of the Year.
Citations: Only an extract of for the Citizen of the Year, Senior Citizen of the Year and Young Citizen of the year will be read. There will be no citation read for any of the other awards.
Member Representatives: If present, be asked to give a short address.
Administration Support
Administration support is provided to the Australia Day Local Awards Committee.
Contact with the Media
Contact with the Media by members of the Committee will be conducted in accordance with Council’s media policy. (Is there one?) Community members should defer any media enquiries to the Chairperson in the first instance and should take care not to respond as a representative of the Committee.
Review Date
The Terms of Reference will be reviewed within two years of the date of adoption
Ordinary Council Meeting - 26 October 2017 Australia Day Committee of Management - Terms of Reference |
AUSTRALIA DAY COMMITTEE—MINUTES OF MEETING MONDAY 16 OCTOBER 2017
COMMENCING AT 5.00 PM IN THE COUNCIL CHAMBERS SF2387
PRESENT:
Mr Garry Johnson OAM, Chairman |
Cr Janine Reed |
Mr Harold Fowler |
Mr John Harris |
Mr Michael Ryan |
Mr Noel Rudder |
Mr Harry Mills |
Mrs Rona Freeman |
Mr Barry Duffus OAM |
Mr Ian Flarrety |
Mr Don Parveez |
Mr Michael Coulter (General Manager) |
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Ms Lorraine Hemsworth (Minutes Secretary) |
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APOLOGIES: |
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Mr Ray Stig |
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WELCOME:
Garry Johnson, Chairperson, offered a warm welcome.
Confirmation of Minutes – 7 August 2017:
It was resolved that the minutes of the meeting held on 7 August 2017 be accepted.
General Business:
Terms of Reference:
The Draft Terms of Reference were discussed with the following changes:
Acknowledgement: Don Parveez/John Harris
Resolved that the Acknowledgement paragraph be removed from the Draft Terms of Reference and that the matter be considered/determined by Council.
Eligibility: Cr Janine Reed/Ian Flarrety
Resolved that the following provision be added:
That the Committee has the discretion to consider service to the community nominations for individuals who reside in neighbouring Local Government Areas but who undertake volunteer work in the Nambucca local government area.
Citizen of the Year:
It was agreed that there be no age restrictions for the Citizen of the Year with the descriptor to provide as follows:
To be eligible for the Citizen of the Year award a person could be described as a role model in the community who has given selflessly of themselves to others.
Senior Citizen of the Year:
It was agreed that the minimum age for Senior Citizen of the Year remain at 60 years of age at 26 January.
Young Citizen of the Year:
It was agreed that the maximum age limit for Young Citizen of the Year remain at 25 years of age at 26 January.
Student Award:
It was agreed that this category be added and is in addition to the Frank Partridge VC Scholarship. This is a special award for school children in the year of nomination. (This award is to encourage and inspire students to strive and it is suggested that a sponsor be sought for this award).
Young Apprenticeship or Trainee Award:
It was agreed that this category be added. This is an encouragement award for a young person who is currently undertaking an apprenticeship or traineeship. (This award is to demonstrate the commitment of the Nambucca Shire to further education for young people and it is suggested that a sponsor be sought for this award).
Senior Sports Person – Male Award and Female Award:
It was agreed that the minimum age limit remain as 18 years of age at 26 January and there be male and female awards.
Services to the Community:
To be eligible for nomination the person should have made a noteworthy contribution by demonstrating a benevolent, caring, generous disposition and/or providing outstanding service to his or her neighbours or people in need.
Selection:
It was agreed that the selection of awards be based on the information provided in the nomination form plus a maximum 200 word written statement.
It was agreed to remove reference to the voting being undertaken by ballot and that the Committee continue with a show of hands as per past practice.
Nomination Deadlines:
It was agreed nominations will open on 1 September.
Presentation of Awards:
It was agreed that presentations by the Australia Day Committee to be added.
Membership, Period of Membership and Method of Appointment:
It was agreed that the Committee comprise a maximum of 12 members and that an invitation be extended to the Young Citizen of the Year to join the Committee (in addition to the Citizen of the Year). If the recipients accept the invitation to join the Committee which results in a Committee of more than 12 then two members be asked to retire or the longest serving members will retire.
It was agreed to delete the following paragraphs:
Memberships shall be reviewed each year but are limited to ten years,
and subject to the availability of members.
Council staff will provide support and assistance to the Committee as
required.
Quorum:
It was agreed that the quorum be 50% plus one.
Length of Ceremony
It was agreed to delete the proposal to limit the length of the ceremony to 1.5 hours.
Citations and Overhead Photogragh:
It was agreed to continue with the practice of placing short citations for each nominee together with their photograph on a large screen during the presentation of the Award.
Nominations:
It was agreed to add a criterion that only residents of the Nambucca Shire can nominate people for awards.
Amendments: Don Parveez/John Harris
Resolved that the amendments be brought back to the next Australia Day Committee meeting to be held on 18 December 2017 for further consideration.
Next Meeting:
Monday 18 December 2017 with distribution of applications.
There being no further business, the meeting closed at 6.32 pm.
Garry Johnson OAM
CHAIRMAN
ITEM 10.6 SF979 261017 Proposed Great Koala National Park
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
A summary is not required.
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That Council note the responses from the Forestry Corporation of NSW and the NSW Greens and seek advice from Timber NSW in relation to their assessment of the impact of the proposed Great Koala National Park on their members on the Mid North Coast and particularly those in the Nambucca Valley.
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OPTIONS:
There are limited options. The report is mainly for information.
DISCUSSION:
At council’s meeting on 17 August 2017 it was resolved as follows:
1 Council seek advice from the Forestry Corporation of NSW on the implications for Nambucca Shire State Forests that contain koala populations in relation to number of direct jobs, the type of product which comes from the forests, the markets they are sold into (local or overseas) and the health assessment of these forests.
2 That Council seek advice from the three main local sawmills in relation to the proposal.
3 Council seek advice from the NSW Opposition Leader, the Hon. Luke Foley MP on the funding which would be made available to support the proposed Great Koala National Park, including arrangements for funding assistance to any local workers and businesses who might be affected by the conversion of State Forests to National Park as well as the additional jobs which the proposed National Park would create.
4 Council seek advice from the Premier of NSW, the NSW Greens and the NSW Shooters Fishers and Farmers Party in relation to their respective positions’ on the proposed Great Koala National Park.
5 The advice of the Forestry Corporation of NSW, the three main local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party be further reported to Council.
6 The Council seek advice from the local Gumbaynggirr people in relation to the proposal.
The resolution arose from a report on a proposal by the NSW National Parks Association to convert existing State Forests in the Nambucca, Bellingen and Coffs Harbour local government areas into a new Great Koala National Park. This would add 175,000 hectares of state forests to the existing 140,000 hectares of protected areas.
The proposal for the Great Koala National Park coincides with the imminent expiry of the Regional Forest Agreements (RFAs). Regional Forest Agreements are 20 year agreements between the State and Commonwealth Governments that permit logging of public native forests in NSW, Victoria, Tasmania and Western Australia. In NSW there are four RFAs applying to the coastal and near coastal forests of NSW: Upper and Lower North East, Eden and Southern. Eden is the first RFA to expire in NSW in 2019, followed by Upper and Lower North East in 2020 and Southern in 2021.
The various letters seeking advice were sent out shortly after the Council meeting.
To date responses have been received from the Forestry Corporation of NSW and also the NSW Greens. These responses are attached.
It is apparent that the timber in the nominated State Forests is critical to the operations of major processors but Council has no information in relation to the potential impact on sawmills in the Nambucca Shire. As per the suggestion from the Forestry Corporation it is proposed that Council seek advice from Timber NSW which represents many hardwood sawmills on the north coast.
CONSULTATION:
Advice concerning the proposal for the establishment of a Great Koala National Park has been sought from a wide range of stakeholders. However to date responses have only been obtained from the Forestry Corporation NSW and the NSW Greens.
SUSTAINABILITY ASSESSMENT:
Environment
The environmental implications of the Great Koala National Park were reported to Council’s meeting on 17 August 2017.
Social
The social implications were considered in a report on 17 August 2017.
Economic
This report concerns obtaining additional information on the economic implications of the proposed Great Koala National Park.
Risk
As previously reported the risks mainly pertain to correctly balancing the environmental, social and economic risks.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no budgetary implications.
Source of fund and any variance to working funds
There are no implications for working funds.
Service level changes and resourcing/staff implications
There are minor service level and resourcing implications.
39969/2017 - Forestry Corporation response |
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38265/2017 - NSW Greens response |
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ITEM 10.7 SF2329 261017 Business Advisory Committee - Minutes of Meeting on 27 September and Committee Meeting Arrangements
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
A summary is not required.
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1 That there be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.
2 Council note its resolution of 12 October 2017 to consider funding a business centre revitalisation program under the NSW Government’s $1.3 billion Regional Growth Fund and that Council staff provide a report on the form of a program and the assistance to be provided to property owners (subject to grant funding).
3 Council endorse the proposal for public art in Wallace Lane and support the owner/artist in providing any required traffic control and an elevated work platform.
4 Council endorse the engagement of artist, Mr Ian Moule as per his quotation to install public art on the water reservoir in Mann Street with Council to provide an elevated work platform.
5 Council note the recommendation of the Business Advisory Committee not to provide sponsorship for the recommencement of the annual Pro-Ag event to be held at the Macksville Showground on Friday 3 November and Saturday 4 November.
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OPTIONS:
The Council can accept, reject or modify the recommendations made by the Business Advisory Committee.
DISCUSSION:
Council’s Business Advisory Committee met on 27 September 2017 and notes of the meeting are attached.
There are a number of matters arising from the minutes/notes which require action by Council.
These are:
1. A policy on dual road naming whereby as road, street, or locality signs are replaced a second Gumbaynggirr name is written on the sign (and presumably if the name is already Gumbaynggirr the English equivalent be listed).
2. That Council apply for funding for paint and materials (Council resolved at its meeting on 12 October to consider funding a business centre revitalisation program under the NSW Government’s $1.3 billion Regional Growth Fund).
3. On submission of an action plan that Council support the implementation of a public art project in Wallace Lane, Macksville.
4. Council pursue the possibility of public art at the water reservoir in Mann Street, Nambucca Heads. Council has now received a quote from artist Ian Moule to undertake this public art (labour and paint) for not more than $2,000. Council would need to supply or have donated the use of an elevated work platform for the job.
5. That Council not support the provision of sponsorship to the holding of Pro-Ag. In relation to this the Council received a request from Fairfax Rural Events for sponsorship and/or in-kind assistance for recommencement of the annual Pro-Ag event to be held at the Macksville Showground on Friday 3 November and Saturday 4 November. The request for the provision of sponsorship was referred to the Business Advisory Committee for comment.
CONSULTATION:
The report and recommendations arise out of deliberations by Council’s Business Advisory Committee.
SUSTAINABILITY ASSESSMENT:
Environment
The report has no significant implications for the environment.
Social
The report’s recommendations concerning street signage and public art should have positive social impacts. The proposal for dual naming on street signs is respectful of Gumbaynggirr language and culture and will be of general interest to many. The proposals for public art have the potential to be both socially engaging as well as a marketing feature post by-pass. They can also be achieved for a very modest expenditure.
Economic
The public art initiatives will all enhance the marketing of the area post by-pass which will provide a positive economic outcome.
In relation to the non-support of sponsorship for Pro-Ag, it has been the premier primary industry field day on the mid north coast for many years. It does attract suppliers to the region and primary producers from other local government areas. Besides increasing competition in the supply of goods and services it is likely to showcase new technology to improve agricultural productivity. From an economic perspective it should provide positive economic outcomes. It is a matter for Council as to what sponsorship, if any, is provided for the event. However given the recent history of the event it may not be sustainable without broad based support from the community, including Council.
Risk
Vandalism of the public art is a risk. It may be mitigated by the treatment of the art with a finish that will allow the easy removal of graffiti.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The recommendations will have relatively minor budgetary implications.
Source of fund and any variance to working funds
It is proposed that the funding of the public art projects be from Council’s working funds.
Service level changes and resourcing/staff implications
The recommendations have no significant implications for service levels or resourcing.
40029/2017 - Business Advisory Committee Meeting - 27 September 2017 |
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Ordinary Council Meeting - 26 October 2017 Business Advisory Committee - Minutes of Meeting on 27 September and Committee Meeting Arrangements |
Nambucca
Shire Council
Business Advisory Committee
Meeting
notes (NB – not official minutes)
Notes from Wednesday 27 September 2017
Apologies: Louise Robinson, Michael Coulter, Nicole Murphy, Mark Scott
Proposed Council resolutions:
1. As road, street or locality sign are replaced a second Gumbaynggirr Name is written on the sign. The proposed name is passed by Muurbay Language Centre. Proposed by Mickey, Seconded by Michael, all in favour
2. To apply to Council to apply for funding for paint and materials: Put forward by Rachael, Seconded by Michael, all agreed
3. On submission of an action plan Anthony will seek support of Council to implement public art project in Wallace Lane Move: Rhonda Second Janine, all in favour
4. Council to pursue possibility of painting the water tower as per Ian’s suggestion: Move Janine, Second Michael, all in favour
Next meeting: 530PM, Wednesday 25 October – please note, representatives of other local committees will be invited to our next meeting
Meeting notes:
Sub-committee updates:
Relationships and attitudes (Mickey):
· Make traditional culture more visible in the Shire (7.1-7.4)
o Signage
o Proposed resolution: As road, street or locality sign are replaced a second Gumbaynggirr Name is written on the sign. The proposed name is passed by Muurbay Language Centre. – all agreed
o Send a letter to three Local Aboriginal Land Councils to ask what thoughts are on increasing cultural influence in the community – all agreed for Mickey to go ahead
o 7.4 Change action to find out where flag poles are in the community and who might put the flag up and down every day
o Making Indigenous culture more visible in community – design a sign with Indigenous flag and “Ginagay” printed on the sticker
· Shop local campaign (5.1-5.15)
o Shop local campaign, deliver via Google Business. Deliver a workshop on Google Business.
o Mickey to develop how to for Google Business
o Mickey to send information to Wayne to distribute
o Develop a Business Advisory Committee newsletter and distribute to Chambers and business. Include information about Google
· Meet the neighbours BBQ / launch event (6.1)
Marketing: Michael
· Add bumper sticker to actions “Discover it, love it” Nambucca Shire Council:
o Wayne and Michael to work together with Tango Print to develop bumper stickers
· Need to start somewhere – proposed that Macksville is the first community (Riverbank) and the other communities will follow on from there.
Look and feel: Rachael
· Wattyl is on board to donate $2,500 paint value (for Macksville)
· Coordination is required
· Volunteers are required
· Many community members have come on board to donate services
· Who can the group liaise with to discuss logistics of the project? Wayne:
· Motion: To apply to Council to apply for funding for paint and materials: Put forward by Rachael, Seconded by Michael, all agreed
· Would Wattyl be interested in filming the painting to make an advertisement.
· Rachael will contact Wattyl to discuss an advertisement as the town is being painted
· Resolution to Council: That we commence the painting project now Seconded
· Anthony and Felice:
o Need support with OHS
o Need plan to move forward
o Need to match people and volunteers with the project
o Require paint
o MOTION: On submission of an action plan seek support of Council to implement public art project in Wallace Lane Move: Rhonda Second Janine, all in favour
Issue raised surrounding public money being used to improve private premises.
Facilitation and communication
· The meeting participants agreed to nominate team leaders for each theme. Nominated at this point include:
o Look, theme and style
§ Group members: Paula Davis, Kath Daley, Jessica Thew, Mickey, Ian Moule, Rachel Ward, Anthony Burton
§ Nominated leader: Rachel
o Marketing
§ Group members: Jessica Thew, Michael Ettelson, Judy Ward, Libby Ussher
§ Nominated leader: Michael
o Tourism
§ Group members: Nicole Murphy, Paula Davis, Mark Scott, Chris Knight, Anthony Burton, Glen Heaton, Janeen Reed, Louise Robinson
§ Nominated leader: no nominations
Rhonda: Nambucca Shire Council doesn’t currently have a sponsorship proposal. What does the business advisory committee think regarding a uniform approach to sponsorship?
Actions for Nambucca Heads, Bowraville and Valla:
Chris suggested that we can commence projects for other communities simultaneously.
· Bumper stickers
· Welcome signage
· Acknowledging Traditional culture
· Main Street Nambucca Heads – painting poles
· Rhonda: Need to ask communities what they want to happen – we can’t decide that for them.
· Engage Nambucca Heads Men’s Shed
· Bowraville: Lane’s bridge timbers from bridge used as a resource for creative art installations at Bowraville. Council will check what the timbers have been treated with.
Move recommendation to Council to pursue possibility of painting the water tower as per Ian’s suggestion: Move Janine, Second Michael, all in favour. Ian will submit a proposal to Michael Coulter
General business:
Council support for community events:
· (Christian declared an interest in the Pro-Ag event) Janine declared a conflict of interest in the matter
· If Council sponsors events for private enterprise, where does it stop?
· If pro-ag comes to town is it worth a donation from Council – no support
Garden Gala:
· Can we host a stand? No support. Janine will inform the meeting
Meeting closed at 830pm
ITEM 10.8 DA1996/132 261017 Modification of Development Consent DA1996/132
AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment
Summary:
It is not considered that a summary is necessary.
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.
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1. That Council as the consent authority, pursuant Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA1996/132 in accordance with the recommendations of the assessment report contained within attachment 2 except for the following amendments to the recommended conditions:
Condition 12 – A positive covenant is to be placed on the proposed lots under section 88B of the Conveyancing Act 1919 which states that reticulated electricity is not connected to the land and that any extension of supply will be at the expense of the owner. Necessary easements for electricity purposes as required by the electricity supply authority to provide connection of the proposed lots to reticulated electricity must be provided to the satisfaction of Council.
Written evidence from a telecommunications carrier licenced under the Telecommunications Act 1997 (Cth) confirming that satisfactory arrangements have been made for the provision of telecommunications throughout the subdivision shall be submitted to Council prior to the issue of a subdivision certificate.
Condition 10a - Vehicle access to Lots 8, 9 and 10 must be restricted to the existing entry to Scotts Head Road. The entry to Scotts Head Road shall be sealed from the edge of the bitumen to a minimum of three (3) metres within the property boundary and for the length of the reciprocal right of carriageway (greater than two lots), whichever is the greater distance. The internal road (right-of-carriageway) shall be constructed with an all-weather gravel surface at a minimum and in accordance with the conditions of this consent for section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'. The road (right-of-carriageway) shall be contained entirely within Lot 10; extend from Scotts Head Road to the northern boundary of Lot 9; be developed with stormwater quality controls to the satisfaction of Council; and be sited so that only the selective clearing of vegetation occurs. The full width of the road shall be encompassed by a right-of-carriageway that burdens proposed Lot 10 only. A Section 88B Instrument shall be created over such right-of-carriageway (Stage 2 only). Emergency egress roads for bushfire and flood events must be provided from all building envelopes that are above the 1% probability flood level and included within a section 88B instrument. The egress roads must enter Scotts Head Road at the entrances approved as part of this consent. Condition 13D - Property access roads shall comply with the following requirements of section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'. a. Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes. b. Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge). c. A minimum carriageway width of 4 metres. d. Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m. e. Property access roads shall have passing bays every 200 metres and where the view is restricted, for example on corners and crests, which are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay. f. A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches. g. Internal roads provide a loop road around any dwelling or incorporate a turning circle with a minimum 12 metre outer radius. h. Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress. i. The minimum distance between the inner and outer curves is 6 metres. j. The crossfall is not to exceed 10 degrees. k. Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.
For the motion: Councillors (Total )
Against the motion: Councillors (Total )
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OPTIONS:
· Grant consent to the modification application by amending conditions the subject of the application, or
· Refuse consent to the modification application.
DISCUSSION:
Development consent DA1996/132 is for a five (5) lot rural subdivision of Lot 4 DP 811013 which was determined by Council on 10 February 1997. The consent has been modified twice (1997 and 1999) and Council has previously confirmed in 2002 and 2008 that the development consent “has been substantially commenced” and will accordingly not lapse.
The subject application seeks to modify the development consent by altering the lot layout and amending conditions relating to building envelope locations, provision of electricity and telecommunications, and vehicular access requirements.
Due to the applicant/land owner being the wife of a Council staff member, the modification application has been assessed by an officer from Bellingen Shire Council and reported to Council for determination for transparency reasons. The assessment report has been included within attachment 1.
The existing approved plan has been included within attachment 2, existing development consent within attachment 3, proposed modification plan within attachment 4, and the applicant’s written submission within attachment 5.
The contents of the assessing officer’s report are accepted; however, it is to be noted that the conclusions made on page 15 under the heading “Clause B2.9” are inconsistent with how other applications seeking a variation to the requirement for the provision of reticulated electricity have been dealt with by Council in the past. The assessing officer has recommended that the condition 12 be maintained so that strict compliance with the DCP control (clause B2.9) is achieved. This is due to the opinion that insufficient justification for the proposed variation has been received as required by clause A2.3 of the DCP (refer to attached report).
However, in order to reduce assessment timeframes and make the application process easier for applicants, Council staff are flexible with the application of clause A2.3 of the DCP by not requiring detailed justification statements where it is proposed to vary development controls and the officer is able to make a proper assessment of the proposal. Council has varied clause B2.9 of the DCP for rural lots where the extension of the electricity network to surrounding land will not be compromised. This eliminates costs which can make developments unviable, provides a warning to prospective purchasers of the land that power is not available, and promotes the use of sustainable electricity for future dwellings without making future extensions to surrounding developments unviable. In these situations, a condition requiring the implementation of the warning on the 88B instrument for future purchasers as mentioned in clause B2.9.2 is included in the consent. Please note that it is intended to amend the above mentioned controls as part of the next amendment to the DCP which is expected to be reported to Council in November 2017.
This approach is considered to be consistent with section 79C(3A)(b) of the Environmental Planning and Assessment Act 1979 which states:
“If a development control plan contains provisions that relate to the development that is the subject of a development application, the consent authority:
(b) if those provisions set standards with respect to an aspect of the development and the development application does not comply with those standards—is to be flexible in applying those provisions and allow reasonable alternative solutions that achieve the objects of those standards for dealing with that aspect of the development”
For the subject development, there is an electricity line located within the sites frontage to Scotts Head Road and Grassy Head Road which facilitates connection to surrounding allotments and will enable future connection to the proposed lots. Having regard to the above, it is considered that the provision of easements for future connection within the proposed subdivision and warnings within the s88B instrument to prospective purchasers is a reasonable alternate solution to the above mentioned clauses of the DCP.
As such it is recommended that condition 12 be amended as follows:
12. A positive covenant is to be placed on the proposed lots under section 88B of the Conveyancing Act 1919 which states that reticulated electricity is not connected to the land and that any extension of supply will be at the expense of the owner. Necessary easements for electricity purposes as required by the electricity supply authority to provide connection of the proposed lots to reticulated electricity must be provided to the satisfaction of Council.
Written evidence from a telecommunications carrier licenced under the Telecommunications Act 1997 (Cth) confirming that satisfactory arrangements have been made for the provision of telecommunications throughout the subdivision shall be submitted to Council prior to the issue of a subdivision certificate.
Furthermore, conditions 10a and 13d require flood free egress for each lot and an alternate bushfire egress. While this is achievable on the land, the wording of the recommended conditions should be altered as flood free egress can be obtained from each building envelope by existing tracks other than the proposed right of carriageway. Furthermore, the creation of a second access point onto Scotts Head Road or Grassy Head Road would result in clearing through substantial vegetation and the creation of additional entrances onto the road network.
It is recommended that conditions 10a and 13d be amended by permitting the use of existing alternate tracks to avoid the need to undertake substantial road works which are considered unnecessary:
10a. Vehicle access to Lots 8, 9 and 10 must be restricted to the existing entry to Scotts Head Road. The entry to Scotts Head Road shall be sealed from the edge of the bitumen to a minimum of three (3) metres within the property boundary and for the length of the reciprocal right of carriageway (greater than two lots), whichever is the greater distance. The internal road (right-of-carriageway) shall be constructed with an all-weather gravel surface at a minimum and in accordance with the conditions of this consent for section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'. The road (right-of-carriageway) shall be contained entirely within Lot 10; extend from Scotts Head Road to the northern boundary of Lot 9; be developed with stormwater quality controls to the satisfaction of Council; and be sited so that only the selective clearing of vegetation occurs.
The full width of the road shall be encompassed by a right-of-carriageway that burdens proposed Lot 10 only. A Section 88B Instrument shall be created over such right-of-carriageway (Stage 2 only).
Emergency egress roads for bushfire and flood events must be provided from all building envelopes that are above the 1% probability flood level and included within a section 88B instrument. The egress roads must enter Scotts Head Road at the entrances approved as part of this consent.
13D Property access roads shall comply with the following requirements of section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.
a. Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes.
b. Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).
c. A minimum carriageway width of 4 metres.
d. Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m.
e. Property access roads shall have passing bays every 200 metres and where the view is restricted, for example on corners and crests, which are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay.
f. A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.
g. Internal roads provide a loop road around any dwelling or incorporate a turning circle with a minimum 12 metre outer radius.
h. Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.
i. The minimum distance between the inner and outer curves is 6 metres.
j. The crossfall is not to exceed 10 degrees.
k. Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.
CONSULTATION:
Nil
SUSTAINABILITY ASSESSMENT:
Environment
Addressed in attached report.
Social
Addressed in attached report.
Economic
Addressed in attached report.
Risk
Addressed in attached report.
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
40129/2017 - Attachment 1 - Assessment Report |
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40125/2017 - Attachment 2 - Existing Approved Plan |
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40124/2017 - Attachment 3 - Existing Development Consent |
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40123/2017 - Attachment 4 - Proposed Modification Plan |
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40121/2017 - Attachment 5 - Applicants Written Submission |
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ITEM 10.9 SF2293 261017 Development Applications greater than 12 months or where submissions received - to 17 October 2017
AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment
Summary: In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). Table 2 shows development applications which have been received but not yet determined due to submissions received.
In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.
If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.
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That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 3 October 2017 be noted by Council.
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TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD
There are no Development Applications in excess of 12 months old.
TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED
DA NUMBER |
DATE OF RECEIPT |
PROPOSAL |
ADDRESS |
2017/179 |
3 August 2017 |
Telecommunications Facility (Mobile Phone Tower) |
Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head |
Thirty-seven submissions have been received within the specified notification period – thirty-four oppose the proposal, one does not object but offers an alternative site and two support the proposal.
· Proposed development is unsightly and will spoil the bushland views and visual amenity · It will threaten existing native fauna and impact habitat of native fauna – comprehensive impact study required · Concerned about electromagnetic energy impacts on nearby residents and the school · No evidence that the local community will benefit from it · Exceeds height limit for site – tower is much too high – over 20m above the tree line · In Acid Sulphate Soils Class 2 area · Located in an area of “threatened Remnant Coastal Wetland” and the site floods · This would be better situated on the other side of Scotts Head Road · More suitable sites should be investigated · Could be bad for people’s health · Properties will be devalued · If a red light is placed on top of the tower, residents should receive compensation or blinds to reduce the impact · Too close to the school, the oval, yarning circle and adjoining residences · Low-lying site will not provide for optimal effectiveness of the tower · Will have a detrimental impact on lifestyle and tourism for Scotts Head · Does not comply with relevant planning principles set by the NSW Land & Environment Court, including impacts on neighbouring properties, including amenity, reasonableness, loss of reasonable development potential and poor design · Does not comply with Visual Impact Minimization principles as provided within the NSW Telecommunications Facility Guideline as it does not respond appropriately to its rural landscape setting · Exact location of tower not clear from information provided · Proposal is not visually aesthetic – too close to neighbouring residences · Too much vegetation will need to be cleared. · Not required as homes with broadband internet can make and receive calls using the NBN · A visual montage should be provided by the applicant · Council should conduct a site visit · Causing stress and anxiety in the local community · Would like it to be considered at a public council meeting · Could pose a catastrophic risk to residents in the event of a bushfire · More property owners should have been notified and the local community consulted with more thoroughly · Appears to be a cost savings exercise by Optus · Area is of significance to the Gumbaynggirr people · Should be a more suitable colour to blend in with the surrounding landscape · Does not comply with Clause 5.5 objectives of the Nambucca Local Environmental Plan 2010 – Coastal Policy · Owner of Lot 106 DP 251748 would be happy to have the tower on their property and believes this would have less of an impact as it would be close to main power transmission lines · The tower will provide better reception for Scotts Head which is important in emergency situations · Mobile phone reception is now an essential service and many parts of Scotts Head do not have mobile phone coverage
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STATUS: Being assessed- waiting for flora and fauna report and SEPP 44 Koala Habitat Protection report – expected to be received by early to mid-October. To be reported to Council and with Council to also undertake a site inspection.
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Ordinary Council Meeting 26 October 2017
ITEM 10.10 SF2327 261017 Minutes of the Library Service Strategic Plan Committee meeting 4 October 2017 and appointment of Consultant
AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development
Summary:
The minutes of the Library Service Strategic Plan Committee meeting held 4 October 2017 are attached for Council’s information/endorsement.
The Committee considered 4 Quotations to develop the Library Strategic Plan and has recommended the appointment of a preferred consultant – Project Sisu Associates.
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That Council note the minutes of the Library Service Strategic Plan Committee meeting held 4 October 2017 and the appointment of Project Sisu consultancy for development of the Strategic Plan.
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OPTIONS:
No options are being presented. The Committee is acting on Council’s instructions and the consultant has been appointed in accordance with staff delegations of authority.
DISCUSSION:
In accordance with Council’s decisions on the matter, the call for quotations, from suitably qualified and experienced consultants was made during August/September. Four quotations were received.
The Library Committee unanimously selected Project Sisu for the reasons noted in the minutes. It was further noted that the others were over budget; contained too many unknown or hidden costs and extras; and/or had inadequate insurance cover.
Project Sisu also appeared to be the best fit for Council, citing their ability to adapt/customise approaches to the specific and local needs of clients; and their desire to reduce risk and maximise innovation – and perhaps come up with different ways of delivering services.
Contact with other Councils and clients of Project Sisu support the Committee’s decision.
It is anticipated that development of the Strategic Plan will commence with site visits and reconnaissance in early November.
CONSULTATION:
Senior Librarian
SUSTAINABILITY ASSESSMENT:
Environment
Nothing identified.
Social
Nothing arising from this report.
Economic
There are no economic implications of this report.
Risk
Nothing specific identified.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
$20,000 has been allocated in the current (2017-2018) budget and the proposal is in keeping with the allocated funds.
Source of fund and any variance to working funds
Nothing required.
Service level changes and resourcing/staff implications
Nothing identified from this report.
38547/2017 - Minutes - Library Service Strategic Plan Committee - 4 October 2017 |
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Ordinary Council Meeting - 26 October 2017 Minutes of the Library Service Strategic Plan Committee meeting 4 October 2017 and appointment of Consultant |
Cr Anne Smyth (Chairperson) |
Cr Susan Jenvey |
Ms Coral Hutchinson |
Mr Wes McQuillan (Senior Librarian) |
APOLOGIES
Cr David Jones |
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|
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DISCLOSURE OF INTEREST
There were no Disclosures of Interest declared.
Assistant General Manager Corporate Services Report
ITEM 3.1 SF2327 041017 Confirmation of the Minutes of the Previous Meeting held 13 June 2017 |
RESOLVED: (jenvy/smyth)
That the minutes of the meeting held 13 June 2017 be confirmed noting that the Chairperson (not Mayor) closed the meeting at 10.27am.
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ITEM 3.2 SF2327 041017 Quotations for the development of the Nambucca Shire Library Strategic Plan |
Resolved: (smyth/hutchinson)
That the Quotation from Project Sisu be accepted based on the following: The price was within allocated budget; Project Sisu brings plenty of experience; insurances met Council’s requirements; the proposal met Council’s perceived needs; the timeframe was suitable; had the better community consultation package; brings an outlook of creativity and concept of considering different library models of operation.
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NEXT MEETING DATE
The next meeting is to be determined, depending on Consultant’s availability.
CLOSURE
There being no further business the Chairperson then closed the meeting the time being 11.35am.
CR SMYTH
(CHAIRPERSON)
ITEM 10.11 SF271 261017 Code of Meeting Practice - Timing for members of the public to address Council Meetings
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant; Heather Leclercq, Executive Assistant/Business Services Unit
Summary:
This report recommends a change to the cut off time for members of the public wishing to address the Council. It is proposed to move forward the cut off time to nominate for a delegation to no later than 11.00 am on the day of the meeting rather than the current off of 2.00 pm.
It is recommended that the Code of Meeting Practice be updated to reflect this.
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That Council advertise a proposed amendment to its Code of Meeting Practice being a change to Part 6 – Miscellaneous - Public Addresses – Council and Committee Meetings of the following sub-clause to Clause 68 (Local Policy) (1) (b) which deals with the Agenda and Business Papers for Council Meetings, details as follows:
(b) members of the public wishing to address the Council or a committee are to nominate no later than 11.00 am on the day of the meeting and advise the issue to be addressed.
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OPTIONS:
1 Agree with the proposed amendment.
2 Propose an alternative cut off time.
3 The status quo remains.
DISCUSSION:
The current wording in Council’s Policy – Code of Meeting Practice (Our Ref: TRIM 3970/2016) makes specific provision under Part 6 – Miscellaneous - Public Addresses – Council and Committee Meetings of the following sub-clause to Clause 68 (Local Policy) (1) (b) for any member of the public wishing to address the Council or a committee, details as follows:
(b) members of the public wishing to address the Council or a committee are to nominate no later than 2.00 pm on the afternoon of the meeting and of the issue to be addressed
The Meetings Practice Note issued by the Office of Local Government simply states that providing some form of public participation in council meetings is good practice.
“Each council can decide whether its Meeting Code should provide for public participation and how that is to occur. This would include how and when any questions are to be tabled and discussed at the council meetings. It would also include deciding if and when members of the public are allowed to speak, and any limitation on the number of speakers or time for speeches.
Some councils have a set period during the meeting for members of the public to speak on any matter; others allow the opportunity to speak as the various items of business are debated. There is no single correct procedure and members of the public should be guided by the advice of the council …”.
The Executive Assistants (Business Services Unit), in consultation with the General Manager, Assistant General Manager Corporate Services and Assistant General Manager Engineering Services, have reviewed the cut off time for notification by residents who wish to speak on an Agenda Item or address Council through the Public Forum at Council meetings and recommend the cut off time be brought forward to at least 11.00 am on the day of the Council or committee meeting.
The current 2.00 pm cut off time on the afternoon of the meeting does not allow sufficient time for Councillors and staff to prepare an informed response should it be necessary. Further, it negates efficient use of staff time for preparation of draft minutes, especially when Council has an ‘AWAY’ meeting, as departure time from Council’s Administration is often around 3.00 pm if inspections are scheduled.
Section 363 of the Local Government Act 1993 provides that any amendment to the Code of Meeting Practice must be advertised and the public be provided with a 42 day period for comment.
CONSULTATION:
General Manager
Assistant General Manager Corporate Services
Assistant General Manager Engineering Services
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
The risks are discussed in the report.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Besides the cost of the advertisement there are no budgetary implications.
Source of fund and any variance to working funds
There is no impact on working funds.
Service level changes and resourcing/staff implications
There are no implications for service levels or resourcing.
Ordinary Council Meeting 26 October 2017
ITEM 10.12 SF1148 261017 Council Ranger's Report August and September 2017
AUTHOR/ENQUIRIES: Teresa Boorer, Grants Officer
Summary:
The following is the Council’s Rangers’ reports regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Rangers for August and September 2017.
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That Council’s Ranger’s report for August and September 2017 be received and noted by Council.
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Cats |
Dogs |
COUNCIL’S SEIZURE ACTIVITY |
|
|
Seized (doesn’t include those animals dumped or surrendered) |
0 |
2 |
Returned to Owner |
0 |
0 |
Transferred to - Council's Facility from Seizure Activities |
0 |
2 |
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY |
|
|
Animals In Council's Facility - (Start of Month) |
1 |
2 |
Abandoned or Stray |
3 |
8 |
Surrendered |
0 |
4 |
Animals transferred from Seizure Activities |
0 |
0 |
Total Incoming Animals |
4 |
16 |
ANIMALS LEAVING COUNCIL'S FACILITY |
|
|
Released to Owners |
0 |
8 |
Sold |
0 |
0 |
Released to Organisations for Rehoming |
0 |
0 |
Died at Council's Facility(other than euthanased) |
0 |
0 |
Stolen from Council's Facility |
0 |
2 |
Escaped from Council's Facility |
0 |
1 |
Other |
0 |
0 |
EUTHANASED |
|
|
Restricted Dogs |
|
0 |
Dangerous Dogs |
|
0 |
Owner’s Request |
0 |
3 |
Due to Illness, Disease or Injury |
0 |
0 |
Feral/infant animal |
4 |
0 |
Unsuitable for rehoming |
0 |
0 |
Unable to be rehomed |
0 |
0 |
Total Euthanased |
4 |
3 |
Total Outgoing Animals |
4 |
14 |
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) |
0 |
2 |
Cattle |
Breakdown |
Total |
Seized |
0 |
0 |
Returned to Owner |
0 |
0 |
Impounded |
0 |
0 |
Total Seized |
0 |
0 |
|
Cats |
Dogs |
COUNCIL’S SEIZURE ACTIVITY |
|
|
Seized (doesn’t include those animals dumped or surrendered) |
0 |
2 |
Returned to Owner |
0 |
0 |
Transferred to - Council's Facility from Seizure Activities |
0 |
2 |
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY |
|
|
Animals In Council's Facility - (Start of Month) |
0 |
2 |
Abandoned or Stray |
0 |
6 |
Surrendered |
0 |
3 |
Animals transferred from Seizure Activities |
0 |
0 |
Total Incoming Animals |
0 |
13 |
ANIMALS LEAVING COUNCIL'S FACILITY |
|
|
Released to Owners |
0 |
6 |
Sold |
0 |
1 |
Released to Organisations for Rehoming |
0 |
0 |
Died at Council's Facility(other than euthanased) |
0 |
0 |
Stolen from Council's Facility |
0 |
0 |
Escaped from Council's Facility |
0 |
0 |
Other |
0 |
0 |
EUTHANASED |
|
|
Restricted Dogs |
|
1 |
Dangerous Dogs |
|
1 |
Owner’s Request |
0 |
1 |
Due to Illness, Disease or Injury |
0 |
0 |
Feral/infant animal |
0 |
0 |
Unsuitable for rehoming |
0 |
1 |
Unable to be rehomed |
0 |
0 |
Total Euthanased |
0 |
4 |
Total Outgoing Animals |
0 |
11 |
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) |
0 |
2 |
Cattle |
Breakdown |
Total |
Seized |
0 |
0 |
Returned to Owner |
0 |
0 |
Impounded |
0 |
0 |
Total Seized |
0 |
0 |
August 2017 |
PARKING |
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REGO NO. |
PN NUMBER |
INFRINGEMENT DETAILS |
PENALTY $ |
DATE ISSUED |
BDC-05Q |
3149307370 |
No Stopping |
257.00 |
1/08/2017 |
CH-49-EJ |
3149307380 |
No Disabled permit displayed |
547.00 |
1/08/2017 |
DFM-42F |
3149307399 |
Not park in direction of travel |
183.00 |
15/08/2017 |
BMQ-55T |
3149307408 |
Loading Zone |
183.00 |
15/08/2017 |
GAV-072 |
3149307417 |
Not park in direction of travel |
183.00 |
15/08/2017 |
AV-09-YZ |
3149307426 |
No angle park as on parking control sign |
110.00 |
15/08/2017 |
August 2017 (cont.) |
PARKING |
|||
REGO NO. |
PN NUMBER |
INFRINGEMENT DETAILS |
PENALTY $ |
DATE ISSUED |
CL-08-AR |
3149307435 |
No angle park as on parking control sign |
110.00 |
15/08/2017 |
225-VJX |
3149307444 |
No angle park as on parking control sign |
110.00 |
15/08/2017 |
AUS-09E |
3149307453 |
Not park in direction of travel |
183.00 |
15/08/2017 |
SS-415 |
3149307462 |
No Stopping |
257.00 |
15/08/2017 |
CXG-25K |
3149307471 |
No Stopping |
257.00 |
30/08/2017 |
DKA-04J |
3149307480 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
TYJ-289 |
3149307490 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
SMV-70 |
3149305657 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
80-SJW |
3149305666 |
Park longer than permitted |
110.00 |
30/08/2017 |
BE-04-EN |
3149305675 |
Park longer than permitted |
110.00 |
30/08/2017 |
BZ-97-WQ |
3149305684 |
Park longer than permitted |
110.00 |
30/08/2017 |
BSO-47P |
3149305693 |
Park longer than permitted |
110.00 |
30/08/2017 |
CM-05-XX |
3149305702 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
BT-36-PL |
3149305711 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
BT-29-XA |
3149305720 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
BSE-24S |
3149305730 |
Park longer than permitted |
110.00 |
30/08/2017 |
CXD-35V |
3149305749 |
Park longer than permitted |
110.00 |
30/08/2017 |
CZR-47B |
3149305758 |
Park longer than permitted |
110.00 |
30/08/2017 |
ROD-55V |
3149305767 |
Park longer than permitted |
110.00 |
30/08/2017 |
BDZ-07N |
3149305776 |
Park longer than permitted |
110.00 |
30/08/2017 |
AYV-28J |
3149305785 |
Park longer than permitted |
110.00 |
30/08/2017 |
502-SUM |
3149305794 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
VUZ-583 |
3149305803 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
BC-25-CY |
3149305812 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
BIY-71P |
3149305821 |
No Stopping (School Zone) |
330.00 |
30/08/2017 |
CM-24-KH |
3149305830 |
No Parking (School Zone) |
183.00 |
30/08/2017 |
CI-09-JD |
3149305840 |
No angle park as on parking control sign |
110.00 |
30/08/2017 |
|
|
TOTAL: |
5093.00 |
|
August 2017 |
COMPANION ANIMALS & OTHER |
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CHIP NO. |
PN NUMBER |
INFRINGEMENT DETAILS |
PENALTY $ |
DATE ISSUED |
953010000181784 |
3149305648 |
Not comply with notice to register companion animal |
275.00 |
30/08/2017 |
TOTAL: |
275.00 |
August 2017 |
OTHER |
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Issued By: |
PN NUMBER |
INFRINGEMENT DETAILS |
PENALTY $ |
DATE ISSUED |
Dev & Env Section |
3081195417 |
Development Without Consent |
3000.00 |
16/08/2017 |
TOTAL: |
3000.00 |
September 2017 |
OTHER |
|||
Issued By: |
PN NUMBER |
INFRINGEMENT DETAILS |
PENALTY $ |
DATE ISSUED |
Dev & Env Section |
3081195426 |
Fail to pay fee within time provided under section - individual |
500.00 |
26/09/2017 |
Dev & Env Section |
3081195435 |
Development Not In accord with Consent |
1500.00 |
27/09/2017 |
Dev & Env Section |
3081195444 |
Development Not In accord with Consent |
1500.00 |
28/09/2017 |
TOTAL: |
3500.00 |
Ordinary Council Meeting 26 October 2017
ITEM 10.13 SF2293 261017 2017 September - Development and Complying Development Applications Received
AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer
Summary:
Council at its meeting 16 January 2014 resolved:
“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”
Attached is a list of Development Applications and Complying Development Applications received in September 2017 as at 17 October 2017. |
That the Development Applications and Complying Development Applications received in September 2017 be received for information. |
39707/2017 - 2017 September - Development and Complying Development Applications Received |
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Ordinary Council Meeting - 26 October 2017 2017 September - Development and Complying Development Applications Received |
ITEM 10.14 SF2293 261017 2017 September - Approved Construction and Complying Development Certificates
AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer
Summary:
The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of September 2017 as at 17 October 2017.
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That the Construction and Complying Development Certificates approved for September 2017 be noted and received for information by Council.
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39709/2017 - 2017 September - Construction and Complying Developments Approved |
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Ordinary Council Meeting - 26 October 2017 2017 September - Approved Construction and Complying Development Certificates |
ITEM 10.15 SF222 261017 Reduction in Council's Credit Card Surcharge from 1% to 0.5%
AUTHOR/ENQUIRIES: Frances Milne, Finance Assistant; Michael Coulter, General Manager
Summary:
A summary is not required.
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That Council note the information concerning the change to the credit charge transaction fee to take effect from 1 November 2017.
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OPTIONS:
There is an option that Council have no additional charge for the use of Visa Credit and MasterCard Credit transactions. There may be merit in this option if it means that it will significantly increase the proportion of electronic as opposed to more expensive “face to face” transactions. But the other perspective is that the credit card transaction does incur a higher cost to Council and a 0.5% charge on an average rates transaction will be little more than the cost of a stamp.
DISCUSSION:
From September last year a new standard came into effect stating that businesses can’t charge a higher credit card surcharge than the merchant fee they are paying to their bank. Council currently has 3 merchants with the National Australia Bank – the administration centre, the waste facility and web/phone payments.
From July 1 this year all banks are required to provide a 12 month summary of the costs as a % for each card type on the monthly merchant statement. This is the maximum % Council can charge for credit card payments. The average across Council’s 3 merchants is 0.547% (Visa) and 0.61% (Mastercard).
Council currently charges 1% for all credit card transactions.
Under the new regulations the maximum charge would be 0.547% for Visa and 0.61% for Mastercard.
Adopting 0.5% for all credit card transactions would be best for ease of calculations.
Changing the surcharge % will entail:
· Updating the fees and charges document and publishing on the website.
· Changing Authority parameters for the cashiers and phone/internet payments
· Changing parameters in the Waste Facility software
· Updating templates for rates and water notices; accounts receivable invoices and statements
It is proposed that the credit card surcharge be changed to 0.5% from 1 November 2017.
Given the credit card surcharge has to comply with the law and is declining, it is not considered that advertising a change to Council’s Fees and Charges is warranted. The reasonable expectation is that no one will object to a reduction in this fee.
CONSULTATION:
There has been consultation with Council’s Finance Assistant who provided the information for this report.
There has discussion with the Rates Officer as to whether or not to specify on the templates for rates and water notices the amount of the credit card surcharge, given there is a cost to changing the templates and the surcharge may change over time. Conversely there are substantial savings to Council in encouraging ratepayers to make their payments on-line or over the telephone using a credit card in lieu of paying in person. The cost of changing the templates is about $750 which can be readily recouped with less face to face transactions.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
The reduction in the credit card surcharge will be of economic benefit.
Risk
The minor risks are discussed in the report.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There will be a decline in Council’s revenue from fees and charges but this is unavoidable being a legal requirement.
The total value of Visa Credit and MasterCard Credit transactions over the past 12 months was $1.79m which would attract a $17,900 charge at the previous rate of 1%. The revenue from the charge will now be $8,950 based on the same amount of transactions.
Source of fund and any variance to working funds
With the proposed reduction in the credit card surcharge commencing on 1 November 2017 there will be a minor negative impact on working funds.
Service level changes and resourcing/staff implications
Getting ratepayers to undertake more transactions via electronic means rather than “face to face” does reduce Council’s administrative staffing requirements.
Ordinary Council Meeting 26 October 2017
ITEM 10.16 SF25 261017 Request for Donation - Nambucca/Macksville Evening VIEW Club
AUTHOR/ENQUIRIES: Teresa Boorer, Grants Officer
Summary:
Council has received a request for a Section 356 donation of $120, being 6 hours of hire fees for the Senior Citizens Hall kitchen on Friday, 24 November 2017 from the Nambucca/Macksville Evening VIEW Club and a request to waive the $205 bond for the hire, outside the 2017/2018 program applications. The View Club will be baking to raise funds for Learning for Life program run by the Smith Family – copy of the email request is contained within the report.
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1 That Council approve a Section 356 donation of $120, from the Donations Budget 2017/2018, to cover the six (6) hours of hire fees for the Senior Citizens Hall kitchen on 24 November 2017 for the Nambucca/Macksville Evening VIEW Club; and
2 That Council waive the $205 hire bond on this occasion pending return of the key after completion of the hire period and the kitchen is left in a clean and serviceable state.
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OPTIONS:
1 Council can resolve to donate $120 and waive the $205 hire bond;
2 Council can resolve to donate the $120, and not waive the $205 hire bond;
3 Council can resolve to request the hire fees of $120 and waive the $205 hire bond;
4 Council can resolve not to donate or waive the bond.
DISCUSSION:
The Nambucca/Macksville Evening VIEW Club are an active group and work tirelessly to raise funds for charities and good causes and programs. The request for the Section 356 donation is noted below.
From: Anne Sutton anne.sutton11@gmail.com Sent: Wed 18/10/2017 3:54 PM
To: council
Cc:
Subject: Att: Michael Coulter
Dear Mr Coulter,
Nambucca/Macksville Evening VIEW Club have put in a tentative booking of the Senior Citizens Kitchen from 9am to 3pm on Friday 24th November to enable us to bake cakes and biscuits, and package them, to sell at a fundraising event on Saturday 25th November in Macksville.
We need a central location where our ladies can come together to do this job and the Senior Citizens kitchen would be ideal.
Nambucca/Macksville Evening View Club members will be doing this baking to raise funds for Learning for Life program run by The Smith Family.
We would like to ask if you would waive both the $20 per hour charge along with the $205 bond for this hire, in this instance, as we are using it to raise funds for this charitable cause.
Please let us know if this is at all possible.
Best regards.
Anne Sutton
Program Officer, Nambucca/Macksville Evening VIEW Club
0412 048 588
CONSULTATION:
General Manager
Anne Sutton
SUSTAINABILITY ASSESSMENT:
Environment
There is no impact on the environment
Social
Council's donation would assist this group to raise funds for a worthwhile program run by the Smith Family.
Economic
There are no economic issues.
Risk
There is no risk to Council.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Funds are available from Council's donation budget.
Source of fund and any variance to working funds
There are no implications on source of funds or any variance to working funds.
Service level changes and resourcing/staff implications
There is no impact on service level changes or resourcing/staff implications.
40162/2017 - Excerpt from Donations Register and current ~ Donations Budget 2017 2018 as at 19 October 2017.XLSX |
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Ordinary Council Meeting - 26 October 2017 Request for Donation - Nambucca/Macksville Evening VIEW Club |
Ordinary Council Meeting 26 October 2017
Assistant General Manager Corporate Services Report
ITEM 11.1 SF2228 261017 Draft Financial Statements 2016-2017
AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services
Summary:
Council is requested to endorse the Draft 2016-17 Financial Statements post Audit and prior to the Auditor General issuing an opinion.
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It is recommended that:
(i) Council's DRAFT Financial Statements are adopted.
(ii) Council resolve in accordance with Section 413 (2c) of the Act that the draft 2016-17 annual financial report is in accordance with;
· the Local Government Act 1993 (as amended) and the Regulations made there under, · the Australian Accounting Standards and professional pronouncements, and · the Local Government Code of Accounting Practice and Financial Reporting, and · presents fairly the Council’s operating result and financial position for the year, and · accords with Council’s accounting and other records, and · that the Council is not aware of any matter that would render this report false or misleading in any way.
(iii) Council adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the Draft 2016-17 Accounts.
(iv) Delegate to the General Manager the authority to "authorise the YE Accounts" for issue immediately upon receipt of the auditors reports subject to there being no material audit changes or audit issues, in accordance with AASB 110. |
OPTIONS:
The recommendations are of a statutory nature however Council should not endorse them if they have a concern that the Draft Accounts are “not true and fair”.
DISCUSSION:
Required Legislative Steps for NSW Councils for annual financial reporting are:
(i) Preparation,
(ii) Adoption,
(iii) Auditing and
(iv) Public Presentation.
The Financial Statements have been audited and the NSW Audit Office has requested the Council adopt the full Draft Statements and the Management letter is signed as of that date.
Included in the recommendation is that in accordance with Clause 215 of the Local Government General Regulation that the Mayor, a Councillor, the General Manager and Responsible Accounting Officer sign the Councillor/Management Statement by the Council on its Opinion of the Accounts.
It is expected the Auditors opinion will be received on 27 October 2017 and it will be sent together with a copy of Council’s audited financial reports, to the Office of Local Government. (LGA sect 417(5)). The deadline this year for submitting the Financial Statements is Tuesday 31 October 2017 (Code of Accounting Practice).
The recommendation also includes delegating to the General Manager the authority to "authorise the YE Accounts" for issue immediately upon receipt of the auditors reports subject to there being no material audit changes or audit issues, in accordance with AASB 110. This will mean the "authorised for issue" date (which must be disclosed in the Council's Year End Accounts) will be the same date as the audit reports.
As soon as practicable after receiving the auditor's report, Council must also resolve a date to present its audited financial reports and auditors report to the public. (Section 418 (1) (a) & (b)). This responsibility has been delegated to the General Manager. The date fixed for the meeting must be at least 7 days after the date on which the notice is given, but not more than 5 weeks after the auditor’s reports are given to the Council. (Section 418 (2)). In practical terms this is likely to be Council’s Meeting on 16 November 2017 and tentative arrangements have been made to present the Statements to the Audit Risk and Improvement Committee on that same day and for the Audit Office NSW to attend both meetings.
The Audited Financial Statements will then be included in the 2016-17 Annual Report.
CONSULTATION:
The Financial Statements were prepared by Accountant Faye Hawthorne in consultation with members of the Finance and Engineering Department and the Payroll Officer.
LG “Debits & Credits” Aug 2017
LG Solutions - The NSW Local Government Industry Accounting Newsletter and Financial Management Best Practice Guide
39807/2017 - General Purpose Financial Statements 2016-2017 |
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39808/2017 - Special Purpose Financial Statements 2016-2017 |
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39810/2017 - Special Schedules 2016-2017 |
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Assistant General Manager Corporate Services Report
ITEM 11.2 SF2368 261017 Investment Report to 30 September 2017
AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant
Summary:
The return on investments from 1 July 2017 to 30 June 2018 is currently estimated to be $1,027,658.
The original budget allocation for the financial year “2017/18” is $979,000.
Council currently has $34.405 Million invested:
· $ 6.116 Million with Managed Funds, · $ 2.18 Million with On Call Accounts · $ 22.109 Million on Term Deposits · $ 4.000 Million with Floating Rate Notes
This report details all the investments placed during June and Council funds invested as at 30 September 2017.
The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds
C P Doolan Responsible Accounting Officer
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That the Accountants’ Report on Investments placed to 30 September 2017 be noted.
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OPTIONS:
This report is for information only.
DISCUSSION:
This report details all the investments placed during September 2017 and Council funds invested as at September 2017.
Detailed below are the following reports and graphs:
· Investments Matured & Interest & Returns 1 to 30 September 2017
· Investments Held at 30 September 2017
· Managed Funds On/Call and Floating Rate T/D & Notes
· Term Deposits
· Monthly Investments Revenue Earned
· Weighted Average Return
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CONSULTATION:
Grove Research and Advisory
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental implications.
Social
There are no social implications.
Economic
Risk
That Council may not meet its budget returns for 2017/2018 based on current performance.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
A review of budgeted interest returns for 2017/2018 will be completed with the September 2017 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.
Source of fund and any variance to working funds
Interest on investments will be assessed with the September 2017 Budget Review. Variances will be distributed between the Water, Sewerage and General Funds for the financial year during the year.
Service level changes and resourcing/staff implications
Not applicable
Ordinary Council Meeting 26 October 2017
ITEM 11.3 SF251 261017 Schedule of Council Public Meetings 2017
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
SUMMARY:
The following is a schedule of dates for public Council meetings to be held in 2017. The meeting dates may change from to time and this will be recorded in the next available report to Council.
Comment from General Manager
It is recommended that Council undertake some “away” meetings in spring when the weather and insects are kinder to meetings in public halls. Meetings in Valla Beach or Valla Rural and Burrapine have been scheduled for October and November 2017.
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That the schedule of dates for Council meetings in 2017 be noted and received for information by Council. |
MEETING |
DATE |
VENUE |
COMMENCING |
Inspection – Jones Park, Valla Beach |
26 October |
Jones Park, Valla Beach |
PM |
Ordinary Council Meeting |
26 October |
Valla Beach Community Centre Hall |
5.30 PM |
NSW Rural Fire Service SLA Meeting |
8 November |
NEOC Building |
9.00 AM |
Clean Energy Committee |
8 November |
Council Chambers |
10.30 AM |
Vehicular Access to Beaches Committee |
10 November |
Council Chambers |
1.30 PM |
Audit & Risk Improvement Committee |
16 November |
Council Chambers |
10.00 AM |
Ordinary Council Meeting |
16 November |
Council Chambers |
5.30 PM |
Access Committee |
28 November |
Council Chambers |
2.00 PM |
Ordinary Council Meeting |
30 November |
Burrapine Hall |
5.30 PM |
Traffic Advisory Committee |
5 December |
Committee Room |
10.30 AM |
Land Development Committee Meet |
14 December |
Council Chambers |
3.30 PM |
Ordinary Council Meeting |
14 December |
Council Chambers |
5.30 PM |
Ordinary Council Meeting 26 October 2017
ITEM 12.1 SF1676 261017 2017-18 Capital Works Program Monthly Report
AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Matthew Leibrandt, Manager Infrastructure Services; Keith Williams, Manager Technical Services; Richard Spain, Manager Water and Sewerage; Wayne Lowe, Manager Business Development
Summary:
The summary of the entire 2017-18 Capital Works Program is located on the Council website. The capital works primarily associated within Engineering Services has been developed to be updated on the Council website within the first week of each month. Capital works administered by other departments has been included and staff will provide comment on their individual areas with respect to the progress.
In lieu of the quarterly budget review (QBR) reports it is now intended to report the Capital Works monthly to Council through the Business Paper which is a more proactive approach to the review of the program and reporting of potential risks as they arise rather than after the fact as per a QBR report.
A hard copy is provided to Councillors and the update was placed on the website on Friday 6 October 2017. At the time of preparing this report $3,252,937 has been expended or committed funding (orders raised for goods) on the capital works program representing 20% of the allocation year to date.
This report also seeks some variations to the program emanating from unforeseen external factors which are further explained within the discussion of this report.
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That Council
a) Receive and note the information pertaining to the progress of the 2017-2018 Capital Works Programme.
b) Council note that the gravel resheeting program has been placed on hold due to weather conditions and availability of suitable gravel form the quarry
c) Reallocate the amount of $ 68,600.00 from Rodeo Drive (WO2396) to Scotts Head Road (WO2837).
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OPTIONS:
No other options were considered with this report
DISCUSSION:
A publicly available, rolling update of the progress of Council’s capital works program will be of assistance to the public, Council staff and Councillors in answering enquiries. It will also provide Council management with the opportunity to more proactively review the implementation of the program and potential risks.
Council were advised on 28 September that the gravel resheeting program was being deferred due to the dry weather conditions being experienced, the availability of water and issues surrounding the gravel supply having enough plasticity to bond the raw material. The works will be reprogrammed following an analysis of long term weather forecast.
At the time of preparing this report, the amendments to budget endorsed by Council on 28 September have been made. Council has now also received additional external grant funding from the Rural Fire Service for a station extension at Eungai ($130,000) and upgrades to the toilet at Utungun Brigade Station ($5,000).
The contract for the road rehabilitation works has been assessed and is a separate report presented to this this business paper, The contract is across a number of road rehabilitation projects which will commence in November through to March completing a substantial amount of the capital road works.
Variations to the 2017/18 Program:
Scotts Head Road WO 2837: The rehabilitation of Scotts Head Road has been completed and an over expenditure of $68,600.00 has occurred at the September review. The project was within budget at 91% expenditure, and upon this review the gravel accounts have been attributed to the project.
Reason: The expenditure has been investigated to ensure correct allocations have been made. The additional expenditure is attributed to the height of the pavement requiring substantial work to stabilise the batters supporting the road. This was required due to adverse subgrade conditions and the pavement was removed and raised accordantly to meet design batters.at this location.
The original pavement geotechnical investigation indicated poor structural material which was removed during construction. However, the original estimate had been prepared based on past construction rates, with minimal earthworks which did not include the extensive batter works required to stabilise the pavement.
To ensure that this does not occur again the new Design Engineer is now using a revised design program that will provide a bill of quantities for construction pavement materials making provision for more detailed estimates and allowing for committed orders to be raised.
As the work was also a continuation of the previous work undertaken in 2016/17 the same Work Order number was used and it was found that the rework on the section beforehand for a pavement repair due to a natural spring had also been charged to current work.
The stabilisation contract work on Rodeo Drive was completed by the contractor to the length specified as an extension of the contract rates and resulted in significant saving within that project. It is recommended to offset the over expenditure on Scotts Head Road from this allocation, thus removing the need for the drawing down of working funds. Alternatively, Council may consider allocating the $68,600.00 from working funds to complete the works could also be considered.
The 2017/18 works program is in progress in accordance with the time parameters listed on the Council website.
Some variations to the time parameters have been made to the capital works to reflect were works are up to with planning, funding and weather intervention
At the time of preparing this report the following works have been completed or are in progress:
COMPLETED - Scotts Head Road WO 2837:.
IN PROGRESS - Mann Street WO 2752: The rehabilitation of Mann Street (between 38-70) has been completed. A final asphalt surface is to be added at the end of October / early November when the contractor is in the area.
IN PROGRESS - Bellingen-Bowraville Road WO 2364: The soil nailing required to stabilise a small section of embankment has been completed by Council’s approved contractor, the gravelling of the road pavement will continue and finalise the works and the grant acquitted.
IN PROGRESS - Browns Bridge WO 2760: The replacement bridge has been completed, with the rock revetment around the abutment, the construction of the bridge approaches and the demolishing of the old structure outstanding. An inspection was undertaken by Council prior to the last Council meeting to view the new bridge.
IN PROGRESS - Thumb Creek WO 3080: Has been designed to use the same principle of Browns Bridge (precast girders) which will result in a two span bridge being constructed as a single span with anticipated cost savings to the approved budget due to the provision of precast girders and the removal of a centre span.
IN PROGRESS - Nash’s WO 3081: Construction of the bridge is complete with the road approaches to be completed by the end October early November.
IN PROGRESS - No1 Lemans WO 3083: The bridge decks have been delivered to site, the steel reinforcement caging for the abutments is at the works depot and the construction is scheduled for late October.
IN PROGRESS - Various building works: The majority of the capital works allocated to buildings and the depot are presently in progress with orders raised and contractors engaged. Additional building works have been confirmed with funding coming from the Rural Fire Service for a station extension at Eungai ($130,000) and upgrades to the toilet at Utungun Brigade Station ($5,000).
IN PROGRESS - Various parks and reserves works: The capital works allocated to parks and reserves are presently in progress in accordance with the program schedule.
IN PROGRESS - Car parks: Work on the Thompson Street embankment WO 2392 has been completed. The additional funding to continue the rock revetment was endorsed by Council and programmed once rock is available from the quarry.
Work on Coronation car park WO 3078 is in progress.
IN PROGRESS - the plant replacement program is proceeding to schedule as detailed on the website.
IN PROGRESS - the water and sewerage program is proceeding to schedule as detailed on the website.
CONSULTATION:
General Manager
Manager Water and Sewer
Manager Infrastructure Services
Manager Assets
Manager Technical Services
Finance staff
Engineering Services staff
Coordinators at the Works Depot
Coordinator of Strategic Planning and Natural Resources
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental issues associated with this report. Review of Environmental Factors have been undertaken for projects where required.
Social
There are no social issues associated with this report.
Economic
There are no social issues associated with this report.
Risk
There are no direct risk issues associated with this report, the risk in delivering the program are external factors encompassing suppliers and weather.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The capital works are funded within the adopted 2017/18 budget.
Source of fund and any variance to working funds
A variation is required for to reallocate the amount of $ 68,600.00 from Rodeo Drive (WO2396) to Scotts Head Road (WO2837). No other variations are applicable at this point in time.
A variation has been made to include the external funds provided by the RFS into the capital works program
Service level changes and resourcing/staff implications
There are additional staff resources to prepare the reporting, however, the IT Department have assisted in automating the reports to remove the burden of manually having to go to each individual Work Order to retrieve the information.
Ordinary Council Meeting 26 October 2017
Assistant General Manager Engineering Services Report
ITEM 12.2 SF1676 261017 Work Practice Improvements
AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services
Summary:
In April 2015 a detailed report was prepared for Council consideration titled “Time For A Change” in closed committee on the organisation review of the Engineering Services Department. It covered a number of sectional areas of Council, the most notable being the former Civil Works section now Infrastructure Services.
The necessity of the review was driven from a number of external factors influencing Council as well as the need to ensure that Council was “Fit for the Future” and that change in work practice was urgently required.
The organisation review was not a reflection on staff, but a reality of past practice and what occurs in Council’s activities emanating from a high expectation from the community on the provision of the services that Council provides, to this, the organisation had developed over many years into “knee jerk reaction or reactive” to service the complaint, more so than a “pro-active” approach which is more common to todays practice across other Local Government Authorities
Simply put from a financial position, Council could not sustain the past practices without change and the loss of significant funding for Council made the review even more relevant to the current sustainability of Council. The goal of the change to the organisation structure was to improve Council’s operations and financial position altering how work was done. This report summarises some of the significant changes made to Council operations since 2015.
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1 That Council receive and note the report on some of the work practice improvements since April 2015 following the organisation review of the Engineering Services Department.
2 That Council acknowledge the work of the Manager Infrastructure Services; Civic Services; Structures Services; Roads; Green Spaces and Depot Coordinators on the implementation of the change within work practices to gain efficiencies in providing a more cost effective and affordable service to our community.
3 That Council acknowledge the outdoor Staff in embracing the changed work practices to improve efficiencies
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OPTIONS:
No options were considered
DISCUSSION:
All decisions with the organisation restructure were made strategically, that is, in the best long-term interests of the Council and the outcomes being sought are to ensure that Council is a financially sustainable entity and fit for the future whilst also providing a cost effective and affordable service to our community which may also result in a potential change to the levels of service
Implementation of afterhours call centre to deal with Customer complaints and requests:
The introduction of an afterhours call centre (1800 26 27 28) that performs a risk assessment and vets the complaint has seen a significant reduction in overtime call outs. The call centre has been provided with a series of flow charts to ask the resident a series of questions which then assists in the determination of whether a call out is actually required or can be placed into MERIT and dealt with the next available business working day. This has reduced the call outs by up to 90% and removed the necessity of staff to attend the problem regardless of the size or nature of the complaint. If the matter is of an urgent nature, requiring immediate attention, the detailed information obtained assists the staff to plan the repair ensuring that the correct equipment is available and additional staff are contacted if required.
Implementation of a customer request system that risk rates defects before being issued for repair to deal with Customer complaints, requests and inspections:
The new structure provided an Asset Inspector under the Asset Manager who receives the customer requests, MERITS or complaints. In the past, the Overseers previously made the decision as to whether work is undertaken or not without any form of rating system other than their individual judgement (which at times may be biased) and generally it was not documented appropriately.
The inspector’s role is to inspect the complaint, request or defect, then rate the risk, allocate a rating for an intervention level which determines whether the matter is urgent (that requires immediate intervention) or can be scheduled into a program or simply not done at all, and a close out procedure to advise the person of the outcome of their request and or complaint.
The coordinators are then issued with a Works Ticket (description of works), a priority rating, to program into a works schedule for the outdoor staff to carry out the works, a controlled budget allocation and a close out procedure which is returned to Assets for recording on the Asset Register and notification to the person reporting the issue.
This has enabled the coordinators to spend their time with the works teams and introduce the changes to the work practices. There have been continuous improvements within the Infrastructure Services section activities which are summarised as follows within each functional area more notably:
· Creation of a professional construction and maintenance grading team within the roads area.
· Creation of a more professional horticulture and noxious team within the parks and reserves area of Councils operations.
Road Works:
· Implemented the use of mobile reflect defect repairs for the jet patcher truck
All MERITS (or customer complaints) are recorded, inspected and a work ticket created with a timeframe of completion. Roads are inspected on a schedule according to the road hierarchy with all defects recorded (ie pot holes). This is translated electronically to the bitumen patching truck operator who then plans his work accordingly.
· Creating of a maintenance grading team consisting of a grader, roller water cart, loader and gravel truck undertaking maintenance works to a higher standard and not waiting for rain and using a free roller at the rear of the grader for compaction.
Past practice was to effectively wait for natural moisture emanating from a rain event, run the graders until the moisture dried up and then cease work. The grading also relied on the use of a “free roller” towed behind the grader (which did not adequately compact the pavement).
Council operated three graders which had an average of 23% utilisation attributed to the work practice. The utilisation was unstainable and Council resolved to sell a grader and now has one grader and a supplement contractor for the maintenance grading and resheeting activities with a utilisation rate now up to 78% (based on available working hours) and a full construction team.
· Creation of a Council specification for unsealed road making material.
The specification of gravel being used was good for road construction purposes but not for gravel resheeting as it had no plasticity or fines to bind the material and substantial material was lost from the road pavement. A number of ‘brews” were trialled across the shire until such time a blend was found that would be retained within the pavement. Previously the gravel used quite often unravelled quickly ending up in the table drain or paddocks after substantial rain. Different blends including “fly ash” have been trialled to remove sections that continuously corrugate within a week of being graded.
· Undertaking unsealed road rehabilitation through gravel resheeting and pavement rehabilitation techniques.
A gravel resheeting program has been developed and the work capitalised which assists with depreciation within Councils financial reporting. Previously work was ad-hoc and locations of work were not adequately recorded and difficult to capitalise. Council now has introduced a program with a value of $600k addressing the higher priority road networks.
Staff have also introduced the zipper machine and the use of fly ash in known problem areas for corrugation with the pavement holding up for far longer periods. The zipper is also used on small heavy patches within the sealed pavement network providing greater utilisation of Council plant and up skilling of Council day labour to be able to repair failures in house.
Staff has also introduced a hopper that fits on the rear of a gravel truck to allow quick response to isolated pot holes on the gravel pavement network instead of sending a full maintenance grading team to repair isolated areas. This allows for versatility during stand down periods from wet weather.
· Creating of a 5 year program for mechanical roadside vegetation control for heavy vegetation.
Whilst not widely accepted in the early implementation period due to the size of vegetation being left on the road side verge, staff worked with the contractor to increase the mulching capability and this roadside vegetation control is now used and has increased the safety of the travelling public and minimised debris.
· Use of herbicide control for roadside vegetation to control vegetation affecting sight distance integrated with the maintenance grading activities.
The road inspections have located a number of locations that require work for vegetation control which is now undertaken in advance of the grading team being on site.
· Purchase of appropriate plant and equipment.
Council has purchased a float/trailer utilised by an existing truck to shift Council plant around the Shire saving substantial time and money previously given to contractors. The shifts are planned and not reliant on when the contractor is available allowing greater versatility and utilisation of Council plant.
· Improved road construction and rehabilitation.
A capable construction team with the correct plant and equipment, including a grader, water cart, rollers, excavator and back hoe has been established to undertake construction. The capabilities of the Council team have greatly improved from the days when an excavator contractor was on permanent hire building roads for Council.
Use of a grader level control system on construction has releasing the surveyor for other duties once a control point is established; has also assisted in the reduction of rework and moving the correct amount of material around the site.
Shifting from small area patching issued to contractors which had limited success to larger full width segmented patches utilising full road rehabilitation techniques.
· Implementing task orientated budgeting of road works projects and maintenance works.
The financial reporting has been broken down from one uncontrolled general ledger number to a number of tasks to establish full unit rates for the construction activities. Individual work orders have been created for all roads within the sealed and unsealed rural road network for reporting on the changes for Special Schedule Seven and tracking of costs to reduce potential incorrect allocation of funds, as well as meeting the ICAC guidelines.
Bridge and concrete works:
Probably the biggest change within Council’s culture and operations has been the progression from building timber bridges to concrete structures. Council recently had a site visit to Browns Bridge at Taylors Arm to see what is now being constructed by the bridge team. Council staff developed an in house design and process for abutments for smaller bridges saving substantial costs on each project. This was a great solution from staff in how to improve our techniques and save time and money for Council.
Council now use a more versatile head for the piling on concrete bridges which negated having to outsource a contractor and removed the need for expensive scaffolding by implementing an elevated platform and trampoline matting as a fall arrestor into the construction works.
Staff has been trained in bridge inspections and implemented a full bridge asset management review which has formulated a 10 year maintenance strategy for repairs on timber structures.
Staff now undertake more complicated concrete structure construction work such as the steps and bleaches located at Main Beach, Nambucca Heads. These works were under duress conditions working between tidal movements and deep excavation of sand onto rock bedding.
There is a reduced reliance on contractors by purchasing “fit for purpose” plant and equipment and utilising our equipment to undertake works previously outsourced such as, pile driving, 6T excavator, long bridge truck with capacity to deliver materials to site reducing the need for contractors and multiple trips.
Ceased the past practice of delivering concrete decking one piece at a time with exorbitant delivery fees and crane charges and the daily overtime for unnecessarily checking of signs whenever a bridge was under construction.
Council now recycling bridge timber from bridges being replaced and using the timber on landscaping projects in public areas rather than giving it away to private residents or burning it on site.
Parks and Reserves:
Some four years ago Council removed $25k from the parks and reserves allocation in an endeavour to balance the budget. The budget has marginally increased in accordance with the rate increase over the years.
Since the restructure staff has increased the scrutiny of the tree removal requests and given residents an option to contribute towards the cost where the condition of the tree doesn’t wholly meet Council’s tree removal requirements. The money saved within the removal of trees has been placed back into plantings across the Shire. The trees are inspected by staff who may take other remedial action such as limb removal instead of removing the entire tree. Scrutiny has also been implemented on gaining competitive quotations from the contractors which has seen considerable savings.
Staff has undertaken rehabilitation of roadside gardens in public spaces and the upgrade to public spaces utilising new plantings, and upgraded the park structures, often utilising recycled bridge timbers. There has been a reduction in areas being brush cut by hand by either using mechanical controls in conjunction with herbicide use or by planting out the areas with native species that have low maintenance requirements.
Utilising native and indigenous species for landscaping works reducing the ongoing maintenance requirements (and providing native habitat and strengthening native vegetation bio-diversity).
Staff has implemented a 5 year program for mechanical roadside vegetation control for heavy vegetation increased herbicide control of roadside vegetation to control vegetation affecting sight distance integrated with the maintenance grading activities.
Staff has implemented a playing field rehabilitation program, aerating and fertilising playing fields across the Shire to provide a professional surface for sporting groups..
At the Works Depot:
· Infrastructure upgrades to the coordinators office and various sheds for different crews;
· Sourcing a forklift to free up the loader and make better use of the store;
· Installed racking in the store to make better use of the area;
· Installed a gate at the back of the yard to help with traffic flow through the Depot;
· Line marked pedestrian areas at the Depot;
· Cleaned up the back of the yard and conducted a very successful Depot auction;
· Installed security cameras and refurbished existing beam sensors;
· Implemented pre start plant checklists on plant and equipment making the operators more responsible and accountable;
· Purchased a plant/vehicle cleaning system; and
· Addressed pedestrian movement safety by moving the swipe out sensor to the pedestrian gate.
Human resource management - recruitment and appraisals:
Council has also implemented a personality assessment on all new staff which is designed to improve the hiring process by providing in-depth information about candidates’ behaviour and on-the-job tendencies. The scientifically-validated assessment offers the insight into employing the right person.
It is no longer an expectation that once you’re on the Shire you have a job for life. A performance assessment is undertaken at one, two and three months before full time employment is confirmed. An extension to the probation period may be introduced with a further assessment made during that period as to retaining the employee or terminating the offer. Employee’s incidences, acquisitions and accidents are investigated immediately and appropriate action taken in accordance with award conditions.
CONSULTATION:
General Manager
Manager Human Resources
Manager Infrastructure Services
Civic Services Coordinator
Structures Coordinator
Roads Coordinator
Green Spaces Coordinator
Depot Coordinator
SUSTAINABILITY ASSESSMENT:
Environment
There is an environmental impact associated with the change of work practices with a greater awareness of environmental controls with all works.
Social
There are social implications with the change in work practices, providing a more cost effective service and reducing the reliance of external contractors with the ability to now perform work with Council day labour.
Economic
There are economic implications with the change in work practices, providing a more cost effective service and reducing the reliance of external contractors with the ability to now perform work with Council day labour.
Risk
There is a greater risk to the organisation (Council) when the change is larger and more disruptive whereby it was decided to use small and incremental change which lessened the risk attached to the process and the implementation of the restructure and change to work practices were staged to reduce the risk of failure by considering what risks may occur upfront, during implementation and after implementation.
There is a risk impact associated with the change of work practices with a greater awareness of risk controls now implemented in all works.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There is no direct impact to the current or future budgets.
Source of fund and any variance to working funds
There is no variance to working funds as a result of this report.
Service level changes and resourcing/staff implications
There has been a substantial change to levels of service and resources.
Ordinary Council Meeting 26 October 2017
Assistant General Manager Engineering Services Report
ITEM 12.3 T013/2017 261017 Tender T013/2017 - Local Government Procurement Quotations 2017/18 Road Rehabilitation Program
AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Matthew Leibrandt, Manager Infrastructure Services
Summary:
Local Government Procurement (LGP) is a business arm of Local Government NSW (LGNSW), the membership association for all councils in NSW. Established in 2006, LGP focuses on creating procurement efficiencies and building procurement expertise, saving councils significantly in time and dollars.
Local Government Procurement (LGP) has been prescribed under s55 of the Local Government Act 1993 (NSW), allowing councils to utilise supply arrangements coordinated by LGP without the need to go to tender in their own right. LGP therefore has the same status as NSW Procurement in having this legislative requirement for the Local Government (General) Regulation 2005 (NSW) - Part 7 Tendering
An invitation to submit a pricing schedule for pavement rehabilitation roadwork’s and insitu stabilisation across various locations within the Shire was called through a prescribed tenderer being “Local Government Procurement” in accordance with the LGP 213 bitumen, emulsions and asphalt materials and services
NOTE: As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.
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1 That Council accept the quotation submitted by Stabilcorp for T013/2017 for the 2017/18 Road Rehabilitation Program
2 That Council update the Contract Register.
For the motion: Councillors (Total )
Against the motion: Councillors (Total )
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OPTIONS:
1 Accept the recommendation.
2 Not accept the recommendation
DISCUSSION:
Local Government Procurement (LGP) has been ‘prescribed’ by the NSW State Parliament to carry out group tenders on behalf of NSW local government. ‘Prescribed’ means LGP is named in the Local Government (General) Regulation 2005 (NSW) and as such a council does not need to go to tender if that council buys from a contract already set up by LGP. Councils can therefore procure goods or services from LGP contracts for values greater than $150,000 (inclusive of GST), without the need to tender themselves.
Section 55 (3) of the Local Government Act 1993 (NSW) provides a number of exemptions from the need for councils to call for tenders for goods and services. One of the exemptions includes if the council purchases from contracts put out by LGP or NSW Procurement.
In short, this means that councils are able to buy - if they so choose - from LGP contracts in the same way councils can buy off NSW Procurement contracts without any further need to go to tender. This saves up to three months of the tender process allowing quotations to be called within a month timeframe.
Therefore Council called for quotations from suitably qualified contractors under LGP. The Works involve a full service stabilisation for approximately 40,000m2 located across 11 locations within the Nambucca Shire area. Approximately half of the works are located in rural locations and the other half within urban locations. A detailed schedule of works were provided under the following specifications which form part of the contract:
· Australian Standards AS 1742.3
· RMS Traffic Control at Worksites Manual
· RMS Specifications (including but not limited to the below)
· R75 – Insitu Pavement Stabilisation
· R106 – Sprayed Bituminous Surfacing (Cutback Bitumen)
· R107– Sprayed Bituminous Surfacing (Polymer Modified Bitumen)
· R116 – Heavy Duty Dense Grade Asphalt
As a preapproved suppler with LGP, the contractors have demonstrated their Quality Assurance (QA), Work Health and Safety (WHS),Insurances and ability to perform the work. The assessment of the quotations was primarily based on the contractor’s price and their ability to deliver the works program within the timeframe required by Council.
The works are within the budget allocations and a further report will be presented to Council through the capital works report on the progress and expenditure. There is always a potential for variations where the geotechnical investigation may have missed substandard pavement- however at this point in time it is anticipated that there will be savings across the allocations which can be potentially used to continue with other works identified within the asset register.
Stabilcorp have confirmed that dependent on weather work will commence in November completing a substantial amount of the program by December and all works will be finalised including sealing and asphalting where required by March 2018
CONSULTATION:
General Manager
Roads Coordinator
Local Government Procurement
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental issues as a result of this report, the road works program is limited within the road revere predominantly over existing pavement and a REF is undertaken should the area of works be considered in an environmental sensitive area.
Social
The road rehabilitation program improves visual impact and road safety. There are potential social impacts emanating from a motor vehicle accidents from substandard pavement.
Economic
There are economic implications with this report with potential savings on the tendered rates allowing the opportunity to perform more work..
Risk
There is a risk to Council if road rehabilitation is not undertaken to remove potential safety hazards to vehicles emanating from aging pavement surface or defects.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Funds are included in the 2017/2018 capital works program and the value of works is over $1M.
Source of fund and any variance to working funds
There is a potential for savings within the program with funds being able to be used to extend works
Service level changes and resourcing/staff implications
There are no implications to service levels, the projects will be managed in house under current staff resourcing provisions
Ordinary Council Meeting 26 October 2017
Assistant General Manager Engineering Services Report
ITEM 12.4 SF90 261017 Nambucca Shire Traffic Committee Meeting Minutes - 10 October 2017
AUTHOR/ENQUIRIES: Keith Williams, Manager Technical Services
Summary:
The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 1 |