NAMBUCCA SHIRE COUNCIL
ORDINARY COUNCIL MEE TING AGENDA ITEMS 26 SEPTEMBER 2019
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 11.00 am 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 11.00 am 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 SEPTEMBER 2019
2:30 PM Meeting with the Bowraville Rec Club and HUB Members at the Bowraville Rec Club
Acknowledgement of Country (Mayor)
I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land. I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.
AGENDA Page
1 APOLOGIES 2 PRAYER 3 DISCLOSURE OF INTEREST 4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 12 September 2019 ...... 7 Special Council Meeting - 24 September 2019 5 NOTICES OF MOTION 6 PUBLIC FORUM i Helen Searle - Vice President - Warrell Creek Hall Commitee of Management
7 ASKING OF QUESTIONS WITH NOTICE 8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED 9 GENERAL MANAGER REPORT 9.1 Election of Deputy Mayor ...... 17 9.2 Council Advisory Committees ...... 20 9.3 Committees of Management Facilities and Events ...... 24 9.4 Outstanding Actions and Reports ...... 26 9.5 Climate Change Emergency Declaration ...... 33 9.6 Approval of Request to Dispense with a By-election for the Casual Vacancy Created by the Resignation of Cr Brian Finlayson ...... 37 9.7 Nambucca Valley Connected - Bowraville Sporting Hub - Proposed Reclassification of Sporting Precinct as Operational Land ...... 39 9.8 Improving the Accessibility of River Street, Macksville ...... 43 9.9 NSW Government's Response to IPART Recommendations on Local Government Election Costs ...... 46 9.10 Minutes of the Nambucca Business Advisory Committee Meeting Held on 18 September 2019 ...... 49 9.11 Modification of Development Consent DA2017/016 - Temporary Use - Intermittent Parking of Buses at Lot 12 DP 1057791, 9 Edgewater Drive, Nambucca Heads ...... 52 9.12 Undetermined Development Applications either greater than 12 months or where submissions received to 19 September 2019 ...... 57 9.13 2019 August - Approved Construction and Complying Development Certificates ...... 58 9.14 2019 August - Development Applications and Complying Development Applications Received ...... 59 9.15 Council Ranger's Reports & Penalties Issued - May, June, July, August 2019...... 60
10 ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT 10.1 Minutes of the Audit, Risk and Improvement Committee ...... 67 10.2 Draft Buy Local Procurement Policy No CS 27 ...... 69 10.3 2018/19 Pre Audit Actual vs Budget Result ...... 71 10.4 Investment Report to 31 August 2019 ...... 76 10.5 Schedule of Council Public Meetings 2019 ...... 81 10.6 Taylors Arm Reserve Committee of Management - Annual General Meeting - 13 August 2019 ...... 82 10.7 E J Biffin Playing Fields Committee of Management - Annual General Meeting - 23 July 2019 ...... 84
NAMBUCCA SHIRE COUNCIL
DISCLOSURE OF INTEREST AT MEETINGS
Name of Meeting: Meeting Date: Item/Report Number: Item/Report Title:
I declare the following interest: (name)
Pecuniary – must leave chamber, take no part in discussion and voting.
Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.
Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.
For the reason that
Signed Date
Council’s Email Address – [email protected]
(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 SEPTEMBER 2019 The following document is the minutes of the Ordinary Council meeting held 12 SEPTEMBER 2019. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 26 September 2019 and therefore subject to change. Please refer to the minutes of 26 September 2019 for confirmation. PRESENT
Cr Rhonda Hoban (Mayor) OAM Cr John Ainsworth Cr Martin Ballangarry OAM Cr Susan Jenvey Cr David Jones Cr Janine Reed Cr Anne Smyth
ALSO PRESENT
Michael Coulter (General Manager) Robert Hunt (AGM Corporate Services) Clint Fitzsummons (Acting AGM Engineering Lorraine Hemsworth (Minute Secretary) Services) Matthew Sykes (Chief Financial Officer)
APOLOGIES
Cr John Wilson (Deputy Mayor) Paul Gallagher (AGM Engineering Services)
PRAYER
Reverend Clyde Appleby, Nambucca Heads Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor Janine Reed declared a pecuniary interest in Item 9.2 Nambucca Valley Connected – Bowraville Sporting Hub – Proposed Reclassification of Sporting Precinct as Operational Land under the Local Government Act as Cr Reed is the Chairman of Nambucca Valley Care Group which is in negotiations with Nambucca Valley Connected. Cr Reed left the meeting for this item.
CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING
SUBJECT: CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING 29 AUGUST 2019 435/19 RESOLVED: (Jones/Jenvey)
That the minutes of the Ordinary Council Meeting of 29 August 2019 be confirmed.
Page 7 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019 DELEGATIONS RECOMMENDATION
That the following delegations be heard:
Item 5.1 RESCISSION MOTION – Item 11.2 Review of Public Amenities within the Shire and BBQ facilities at Stuart Island - from the meeting of the 29 of August 2019 i Phillida Hartley in favour of retaining public amenities in Bowraville ii Marion Syratt in favour of retaining public amenities in Bowraville
Item 5.3 NOTICE OF MOTION – Climate Change Issue with Kids iii Susan Doyle in favour of recommendation iv Jack Sullivan in favour of recommendation
Item 9.2 Nambucca Valley Connected - Bowraville Sporting Hub - Proposed Reclassification of Sporting Precinct as Operational Land v Mary Dal Santo partly in favour of recommendation
Item 9.4 Fire Safety Order - Star Hotel vi Albert Nascimento – Owner of the Hotel – Against the recommendation
Item 5.1 RESCISSION MOTION – Item 11.2 Review of Public Amenities within the Shire and BBQ facilities at Stuart Island - from the meeting of the 29 of August 2019 i Ms Marion Syratt addressed Council with notes placed on 36056/2019, SF2549 ii Ms Phillida Hartley addressed Council with notes placed on 36056/2019, SF2549
RESCISSION MOTION - CR JONES
ITEM 5.1 SF2547 120919 RESCISSION MOTION - 11.2 Review of Public Amenities within the Shire and BBQ facilities at Stuart Island - from the meeting of the 29 of August 2019 436/19 RESOLVED: (Jones/Jenvey
That the following resolution from the Council meeting 29 August 2019 be rescinded:
432/19 RESOLVED: (Reed/Smyth)
1 That the level of service for the cleaning frequency of the public amenities as attached with this report be adopted by Council.
2 That Council rationalise the public amenities within the Shire with the following two amenities to be closed and removed:
Grassy Park amenities Bowraville as it has been closed for almost 24 months McKay Park amenities Bowraville due to the existing facility being located in flood zone, noting that the existing structure also no longer complies with the appropriate standards.
3 The reduction in service levels and savings from expenditure attributed to the maintenance, cleaning and repairs to vandalism of these two facilities to be redirected into other upgrades of the public amenities.
4 That Council note that the Nambucca Heads Lions Club have advised that they will continue the cleaning of the public BBQ facilities located at Stuart Island and Council formally thank
Page 8 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019 them for their continued community service.
5 That Council receive a report on the progress of the program to improve accessible public toilets as outlined in the Disability Action Inclusion Plan 2017-2021, including how enhancements can be staged to ensure that in the future the Shire’s public amenities are suitable for our ageing population and for the growing number of those suffering from dementia within our community.
6 That Council acknowledge and thank the authors of the submissions submitted on the public amenities review and advise them of Council’s resolution.
437/19 RESOLVED: (Hoban/Ainsworth)
1 That points 1-6 be approved with exception of points 2 and 3; and
2 Further that Council defer making any further decision on the amenities in Bowraville pending discussions with the Lions Club of Bowraville on the future ongoing maintenance of the facilities.
Delegation continued: Item 5.3 NOTICE OF MOTION – Climate Change Issue with Kids iii Ms Susan Doyle addressed Council with notes placed on file 35672/2019, SF2549. iv Mr Jack Sullivan addressed Council with notes placed on file 36028/2019 SF2549
NOTICE OF MOTION - CR JENVEY
ITEM 5.3 SF2547 120919 NOTICE OF MOTION - Climate Change Issue with Kids 438/19 RESOLVED: (Jenvey/Ballangarry)
1 That Nambucca Shire Council report on the feasibility of making a Climate Emergency Declaration as a binding call and join other councils in declaring a climate emergency.
2 Call on Council to continue to minimise its carbon footprint through its support of the Renewable Energy Action Plan.
3 Urge local businesses and industry to do the same.
4 That Council offers moral support to the students on the climate change strike on September 20. That we support their activities in highlighting the crisis; and
Congratulate them for taking a lead in our community to protect the future they will be living in.
439/19 RESOLVED: (Smyth/Jones)
That a division be called.
Upon being put to the meeting, the motion was declared carried.
For the Motion: Councillors Ballangarry, Jenvey, Jones and Smyth Total (4) Page 9 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019 Against the Motion: Councillors Ainsworth, Hoban and Reed Total (3)
Cr Reed requested her vote be recorded against due to points 3 and 4 Mayor Hoban requested her vote be recorded against be as she has received numerous calls from parents concerning disruption to their child’s learning however she would support if held on a weekend or public holiday. Cr Ainsworth requested his vote be recorded against as he does not think school children should be used as pawns in a political game and that there is insufficient evidence to determine that a climate emergency currently exists.
NOTICE OF MOTION - CR SMYTH
ITEM 5.2 SF2547 120919 NOTICE OF MOTION - Companion Animals Legislation and Wandering Cats 440/19 RESOLVED: (Smyth/Jenvey)
1 That Council contact LGNSW Policy Branch to ascertain what progress and consultation has occurred in relation to their adopted Policy which advocates for review of the provisions for cat management and control under the Local Government Act and Companion Animals Act.
2 That Council receive a report from staff on the implications/positives (environmental, social and financial) for Council if cats were permitted to be regulated in a similar manner to dogs.
3 That Council contact the Minister for Local Government to ascertain whether the Responsible Pet Ownership Reference Group has made any recommendations in relation to this matter.
ITEM 5.3 was dealt with earlier
Councillor Janine Reed left the meeting before the commencement of this item, the time being 6:46 PM
Delegation Continued Item 9.2 Nambucca Valley Connected - Bowraville Sporting Hub - Proposed Reclassification of Sporting Precinct as Operational Land v Mrs Mary Dal Santo addressed Council with notes placed on 36094/2019, SF2549
441/19 RESOLVED: (Ballangarry/Ainsworth)
That Mrs Dal Santo be granted an extension of time for her delegation.
ITEM 9.2 SF2397 120919 Nambucca Valley Connected - Bowraville Sporting Hub - Proposed Reclassification of Sporting Precinct as Operational Land 442/19 RESOLVED: (Jones/Ainsworth)
That a decision on the Nambucca Valley Connected - Bowraville Sporting Hub - Proposed Reclassification of Sporting Precinct as Operational Land be deferred until a future Council meeting and that a workshop with all Councillors and the Hub Group members be held onsite.
Councillor Janine Reed returned to the meeting at the completion of this item, the time being 7:25 PM Page 10 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019
Delegations Continued Item 9.4 Fire Safety Order - Star Hotel vi Mr Albert Nascimento addressed Council making the following points:
The Hotel received a visit from Fire Brigade at 11.00pm one Friday evening He has no problem in doing work on points 1-7 There are major issues with older buildings Need time for Fire Engineer to prepare plans Previous upgrades were made in 2001 with fire alarms back to base system Requesting Council rescind point 8 or defer approximately a month
ITEM 9.4 SF2546 120919 Fire Safety Order - Star Hotel 443/19 RESOLVED: (Ainsworth/Reed)
1 That Council issue the notice of intention to issue a fire safety order contained within attachment 1.
2 The matter be reported back to Council after the expiry of the representations period to consider any representations made to Council’s notice and decide whether to give the order in accordance with the notice, modify the terms before giving the order, or not give the order.
Bring Forward - Grant Application Heating of the Macksville Pool 444/19 RESOLVED: (Reed/Ainsworth)
That Item 9.8 Grant Application Heating of the Macksville Pool be brought forward as two ladies in the audience are interested in the Item.
ITEM 9.8 SF2390 120919 Grant Application Heating of the Macksville Pool 445/19 RESOLVED: (Ainsworth/Ballangarry)
That the Report be received and noted.
446/19 RESOLVED: (Ainsworth/Jones)
That a special meeting be held to discuss the impact on Council’s budget for heating of the Macksville Pool.
Page 11 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019
ASKING OF QUESTIONS WITH NOTICE
There were no questions with notice.
QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no questions for Closed Meeting where due notice has been received.
GENERAL MANAGER REPORT
ITEM 9.1 SF959 120919 Outstanding Actions and Reports 447/19 RESOLVED: (Ainsworth/Reed)
That the list of outstanding actions and reports be noted and received for information by Council.
ITEM 9.2 was dealt with under delegations
ITEM 9.3 SF2824 120919 Acceptance of Quotation for Sewer Relining Works - Scotts Head and Nambucca Heads 448/19 RESOLVED: (Ainsworth/Ballangarry)
That the information concerning the acceptance of the quotation from Insituform for sewer relining works in Scotts Head and Nambucca Heads at a cost of $59,540 plus GST be received.
ITEM 9.4 was dealt with under delegations
ITEM 9.5 DA2017/238 120919 Modification of Development Consent DA2017/238 - Lot 10 DP584683 and Lot 3532 DP793199, 9 Richards Road Newee Creek 449/19 RESOLVED: (Reed/Ainsworth)
1 That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2017/238 for a 3 Lot Subdivision & Change of Use/Additions to Dwelling at Lot 10 DP 584683 and Lot 3532 DP 793199 - 9 Richards Road, Newee Creek as per the modified conditions provided as Attachment 2 of this report.
2 That Council provides authority for the General Manager to write to the applicant and advise that Council would consider in the 2020/21 budget making a contribution equivalent to 33% of Page 12 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019 the cost of the 202m of road works to provide a continuous bitumen seal from the southern end of the frontage of Lot 10 DP 584683 and the end of the existing bitumen seal. The offer is to be made on the basis that the balance of the funding can be raised by land owner/s and the work completed within a timeframe and budget to the satisfaction of Council.
Upon being put to the meeting, the motion was declared carried.
For the Motion: Councillors Ainsworth, Ballangarry, Hoban, Jenvey, Jones, Reed and Smyth Total (7) Against the Motion: Nil Total (0)
ITEM 9.6 SF2537 120919 Undetermined Development Applications either greater than 12 months or where submissions received to 5 September 2019 450/19 RESOLVED: (Jones/Jenvey) That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions have been received to 5 September 2019 be noted by Council.
ITEM 9.7 SF2535 120919 Minutes of the Nambucca Shire Council Access Committee meeting held 27 August 2019 451/19 RESOLVED: (Jones/Ballangarry)
1 That the Access Committee works with Mid Coast Communities to assist with implementing the Access at a Glance project given that it has commenced rolling out across the Nambucca Valley.
2 That Council’s Engineers be advised that the Access Committee supports Option 1 (the sweeping design) in relation to the wheelchair access ramp near the toilet block in River Street Macksville.
3 That the Disability Inclusion Action Plan report 30 June 2019 be adopted.
4 That the Disability Inclusion Action Plan report 30 June 2019 be included as an Appendix to Council’s 2019 Annual Report and submitted to the NSW Minister for Families, Communities and Disability Services via the Department of Family and Community Services.
5 That Council note the commencement of a review of disabled parking in Macksville by the Access Committee, further noting that Council’s request for the review to extend to Nambucca Heads and Bowraville will be presented to the September Access Committee.
6 That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 August 2019.
Page 13 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019
ITEM 9.8 was dealt with earlier in the meeting
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.1 SF308 120919 Licence Agreement with Nambucca Valley Cricket Association Inc. 452/19 RESOLVED: (Ainsworth/Reed)
That:
1 Council dissolve the Donnelly-Welsh Playing Fields Section 355 Committee of Management and enter into a Licence Agreement with the Nambucca Valley Cricket Association Inc. for the care, maintenance and management of the Donnelly-Welsh and Thistle Park complex.
2 The Mayor and General Manager be authorised to sign and affix the Council Seal to the Licence Agreement.
3 Any remaining S.355 Committee funds, after all relevant accounts have been paid, be transferred to the Nambucca Valley Cricket Association Inc.
ITEM 10.2 SF2781 120919 Donations Program (Section 356) 2019/2020 (Round 1) - Applications for Approval 453/19 RESOLVED: (Jenvey/Reed)
That Council:
1 Approve twenty-two (22) of the twenty-three (23) applications for monetary donation requests, received by 30 August 2019, totalling $10,427.43 to the capped amount of $500.00, or a lesser amount as requested;
2 Approve the additional request from District Lions Australia to waive the hire bond fee of $214.00 for the Senior Citizens Hall on 14 March 2020 for a Children’s Mobility Foundation fundraiser;
3 Refuse the donation request from Nambucca Valley Tourism Association for the same purpose as donation approved in Round 2, 2018/2019.
ITEM 10.3 SF251 120919 Schedule of Council Public Meetings 2019 454/19 RESOLVED: (Reed/Ainsworth)
That the schedule of dates for September to December 2019 be noted.
Page 14 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019
ITEM 10.4 SF334 120919 South Arm Hall Committee of Management - Annual General Meeting - 31 August 2019 455/19 RESOLVED: (Ainsworth/Reed)
That Council endorse the minutes of the South Arm Hall Committee of Management Annual General Meeting held on 31 August 2019 and thank the outgoing Committee for their work in the past twelve months.
COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC) 456/19 RESOLVED: (Ainsworth/Ballangarry)
1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.
2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.
Reason reports are in Closed Meeting:
GENERAL MANAGER REPORT For Confidential Business Paper in Closed Meeting
ITEM 11.1 SF2546 120919 Land Development Projects Update
It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
For Confidential Business Paper in Closed Meeting
ITEM 11.2 SF2546 120919 Matters Pertaining to Fines, Penalties, Prosecutions, Appeals, Claims, Loss of Reputation
It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
Page 15 NAMBUCCA SHIRE COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 SEPTEMBER 2019
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.04 pm.
RESUME IN OPEN MEETING 457/19 RESOLVED: (Ainsworth/Reed)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.14 pm.
FROM COUNCIL IN CLOSED MEETING
GENERAL MANAGER REPORT For Confidential Business Paper in Closed Meeting
ITEM 11.1 SF2546 120919 Land Development Projects Update 458/19 RESOLVED: (Ainsworth/Ballangarry)
1 That the report concerning the status of Council land development projects be received.
2 That the Mayor, General Manager and Manager Business Development be provided with delegated authority to accept satisfactory offers which may be forthcoming from the proposed auction of Council’s residential lots at Hyland Park.
For Confidential Business Paper in Closed Meeting
ITEM 11.2 SF2546 120919 Matters Pertaining to Fines, Penalties, Prosecutions, Appeals, Claims, Loss of Reputation 459/19 RESOLVED: (Ainsworth/Reed)
That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received and noted.
CLOSURE
There being no further business the Mayor then closed the meeting the time being 8.14 pm.
Confirmed and signed by the Mayor on 26 September 2019.
Cr Rhonda Hoban OAM MAYOR (CHAIRPERSON)
Page 16 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER
ITEM 9.1 SF830 260919 ELECTION OF DEPUTY MAYOR
AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services; Michael Coulter, General Manager
SUMMARY:
It is a requirement under the Local Government (General) Regulation 2005, Clause 394 that the annual election of a Deputy Mayor is to be in accordance with Schedule 7 of that Regulation.
RECOMMENDATION:
That:
1 The election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.
2 Nominations be invited and received by the General Manager as Returning Officer for the election of Deputy Mayor.
3 The election of Deputy Mayor proceeds.
4 Following the election, the Mayor declares Cr……..elected as Deputy Mayor for the term of office expiring in September 2020.
5 The Department of Planning, Industry and Environment (Office of Local Government) and Local Government NSW be advised of the outcome of the election and Council’s website be updated.
OPTIONS:
There are options as to the method of election being open voting (show of hands); ordinary (secret) ballot or a preferential (secret) ballot.
DISCUSSION:
Schedule 7 provides that the General Manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.
Whilst a nomination form is included in this report, I appreciate that Councillors may not be able to print same. For this reason I will have printed copies of the form available before the Council meeting. I have also put a printed copy of the form in Councillors’ trays.
If only one Councillor is nominated, that Councillor is elected. Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting. (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands).
Ordinary Ballot or Open Voting
The process for an ordinary ballot or open voting is as follows:
Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.
CO26092019SR_3 Page 17 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.1 ELECTION OF DEPUTY MAYOR
Where there are three or more candidates, the one with the lowest number of votes is excluded.
If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.
If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.
Where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot. By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.
If the method of voting resolved by Council is by ordinary ballot or open voting the Part 2 of the Regulations apply (paragraph 20-2360 and onwards).
Preferential Ballot
The ballot papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the numbers “1”, “2”, and so on against the various names to indicate their order of preference for all the candidates.
If the candidate has an absolute majority of first preference votes, the candidate is elected. If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with the second preferences on those ballot papers. A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.
For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected. If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidates whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.
Choosing by lot
The names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.
CONSULTATION:
There has been no consultation.
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental implications.
Social
There are no social implications.
CO26092019SR_3 Page 18 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.1 ELECTION OF DEPUTY MAYOR
Economic
There are no economic implications.
Risk
There are no risk implications.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no financial implications for Council.
Source of fund and any variance to working funds
There are no financial implications for Council.
Service level changes and resourcing/staff implications
There are no service level or staffing implications.
ATTACHMENTS: 1 34327/2019 - Election of Deputy Mayor Nomination and Ballot Paper
CO26092019SR_3 Page 19 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER
ITEM 9.2 SF842 260919 COUNCIL ADVISORY COMMITTEES
AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services
SUMMARY:
The report lists the committees which operated over the previous term of Council. Replacements on two committees are required due to the resignation of Councillor Finlayson.
RECOMMENDATION:
That, subject to any amendments, Council adopt the list of Advisory Committees as shown in the report as at the 26 September 2019.
OPTIONS:
The Council largely has discretion as to the committee structure it uses and the delegation of authority which it provides to those committees. A number of committees and their functions such as Audit, Risk and Improvement as well as the Local Traffic Committee are outside Council’s control.
There are a number of factors to be considered in determining the value or cost effectiveness of Advisory Committees. Without limiting the range of considerations, the following should be considered in the establishment of any Committee.
Whether or not the subject matter is important and complex, requiring more detailed scrutiny and consideration than could be afforded through Council’s normal twice monthly meetings. Whether or not Council’s consideration of the matter could be improved by having members of the public or representatives of government departments with particular knowledge or expertise providing advice in a process separate to Council’s normal twice monthly meetings. Whether or not the number and/or timing of decisions which need to be made in relation to a matter will require the delegation of authority to a Committee instead of decisions being made by Council at its normal twice monthly meetings. Whether or not the consultative opportunities provided by a Committee may improve public participation in decision making over and above what could be achieved through Council’s normal processes for community engagement.
DISCUSSION:
A brief summary of Council’s Committees which have operated over the previous term are as follows:
Committee Previous Councillors Terms of Reference Access Committee Cr Susan Jenvey To develop and implement strategies which aim to ensure Cr Anne Smyth that the Nambucca Shire becomes an accessible community to all people, regardless of their abilities/ disabilities.
Arts Mid North Coast Cr Susan Jenvey – with This is not a committee of Council but rather a regional Council requesting an arts body which receives funding from councils and the alternative delegate with State Government and whose mission is to foster and voting rights (Cr Smyth) support the creative arts on the Mid North Coast.
Audit, Risk & Improvement Cr John Wilson Committee must review the following aspects of the Committee Mr Peter Lawry Council’s operations: compliance, risk management; fraud Mr Barry Ford control; financial management; governance; Mr Ben Lawson implementation of strategic plan, delivery program and strategies; service reviews; collection of performance measurement data by the Council; any other matters prescribed by regulation.
CO26092019SR_4 Page 20 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.2 COUNCIL ADVISORY COMMITTEES
Australia Day Committee General Manager Organise selection Australia Day recipients and the Clr Janine Reed Australia Day Ceremony Community Members
Business Advisory All Councillors For businesses, industry groups and community to work Committee Ms Kerry Grace together with Nambucca Shire Council to: Paula Davis, Kath Daley, Jessica Thew, Mickey Identify initiatives including, but not limited to marketing, Hawkes, Ian Moule, Rachel easier access and improved presentation - for the Ward, Anthony Burton, highway by-pass and our future as a community; Michael Ettelson, Louise Robinson, Mark Scott, Identify opportunities for the future for the Nambucca Tracy Saul, Jill Ashley, Shire which are unique to the Valley; Mary Lawler, Matt Baker, Judy Ward, Libby Ussher, Advise and make recommendations to Council on matters Nichole Murphie, Chris relating to business and the development of the economy. Knight, Glen Heaton, Monika Schuhmacher
Clean Energy Committee Cr Susan Jenvey To provide and recommendations to Council in respect of: Cr Anne Smyth *The status of Council’s Climate Change Adaptation Plan Cr Martin Ballangarry *The implementation of the Climate Change Adaptation Dr Peter Sobey Fund of the Environmental Levy Mr Michael Blockey *Activities related to Council’s membership with the Mr Colin Wilson Sustainability Advantage Program Nambucca Valley *The sustainable management of Council assets Conservation Association *Identifying opportunities for investment in green/sustainable enterprises Advisory (non-voting) *Promoting capacity building & sustainability education in members Office of the community Environment & Heritage, *External funding applications/projects and programs Council staff) related to sustainability.
Estuary & Coastline Cr John Ainsworth (Chair) Provide overall guidance for future management of Management Committee Cr Janine Reed Nambucca LGA’s river estuaries, coastal floodplains, And any other Councillor coastal zone and flood risk in accordance with the NSW who wishes to attend. Coastal Policy, Flood Policy, State Rivers and Estuary (plus government Policy and NSW Wetlands Policy. department & community reps) 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.
CO26092019SR_4 Page 21 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.2 COUNCIL ADVISORY COMMITTEES
General Manager’s All Councillors Whilst Council has a Committee, the practice has been Performance Review for the twice yearly review of the General Manager’s Committee performance to be undertaken by the Council and facilitated by an independent consultant.
Land Development All Councillors The Council has an extensive property portfolio that Committee comprises both operational and community land. The portfolio requires strategic management. The Committee has met infrequently, mainly because many property matters have been reported direct to Council meetings.
Library Service Strategic Cr Anne Smyth To oversee the implementation of the 10 year Library Plan Committee Cr David Jones Strategic Plan for the library service provided by Cr Susan Jenvey Nambucca Shire Council
Local Traffic Committee One Council rep – currently Primarily a technical review committee which is required (please note that despite the Manager Technical to advise the Council on matters referred to it (as per the the name, the Committee Services guide to the delegation to councils for the regulation of is not a committee of NSW Police traffic). Council but rather the RMS RMS) Local State Member or their nominee (Mr Barry Reed)
Lower North Coast Cr John Ainsworth The Committee is responsible for the Lower North Coast Bushfire Management Bushfire Risk Management Plan preparation and review Committee for Kempsey and Nambucca LGA’s. It meets quarterly.
Nambucca Bushfire Cr John Ainsworth The Committee is primarily concerned with planning for Management Committee hazard reduction and meets about quarterly.
Nambucca Emergency Cr John Ainsworth This Committee meets once a year to review the Operations Centre Cr ??? management arrangements and floor space of the NEOC Committee of (Was Cr Finlayson) complex which is located at the rear of the Mary Boulton Management Cottage Museum (rear of Works Depot).
Nambucca Community Cr Anne Smyth The name of the entertainment centre has now been and Arts Centre Cr Martin Ballangarry OAM changed to the, “Nambucca Community and Arts Centre” which more accurately reflects its functions. Council has exercised its right to have delegates in attendance at Committee meetings. The Committee has included two Councillor representatives as delegates.
NSW North Coast Weed Cr John Ainsworth The objectives of the Committee are to promote Advisory Committee Tim Woodward awareness of noxious and environment weeds, to recommend weed policy, and to educate and train people in all matters pertaining to weeds. The Committee meets about quarterly.
Vehicular Access to Cr John Ainsworth Council has a policy of permitting authorised and licensed Beaches Committee Cr ????? motor vehicles to gain access to designated beach areas (Was Cr Finlayson) in the Shire and the Committee meets to address the implementation of the policy including standard of access, signage, repairs to access, fees etc. This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.
CONSULTATION: There has been no consultation in the preparation of this report.
CO26092019SR_4 Page 22 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.2 COUNCIL ADVISORY COMMITTEES
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
The main risk concerns the opportunity cost of Councillors and staff applying their limited time to supporting the operation of committees. All committees need to be able to demonstrate that better outcomes were achieved through their deliberations than would have occurred without them.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There is no budgetary impact.
Source of fund and any variance to working funds
There is no impact on working funds.
Service level changes and resourcing/staff implications
The management of committees can require a significant commitment of staff time. This arises out of the preparation and circulation of agendas, attending meetings, responding to questions and proposals from committee members as well as preparing and actioning minutes. The commitment of staff time is a cost borne by the organisation so requires careful consideration. Of course there are also time and expense costs incurred by committee members other than Council staff which also need to be considered.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_4 Page 23 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER
ITEM 9.3 SF842 260919 COMMITTEES OF MANAGEMENT FACILITIES AND EVENTS
AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services
SUMMARY:
Council has many Section 355 Committees managing Council facilities and also staging community events. Council previously resolved that a roster be developed for the attendance of either Councillors or the General Manager or his nominee at the Annual General Meeting (AGM) of each facility or event Committee of Management.
The number of Section 355 Committees has reduced due to those former committees (and incorporated organisations) entering into a Licence arrangement with Council. A replacement for Talarm Hall and Welsh Pioneer Park is required due to the resignation of Councillor Finlayson.
RECOMMENDATION:
That Council allocate a Councillor to the Talarm Hall and Welsh Pioneer Park Management Committee and adopt the roster for attendance at the Annual General Meetings for Section 355 Committees.
DISCUSSION:
Councillors are, by virtue of their office (ex officio) entitled to attend all meetings of Committees of Council.
However, although Councillors may attend in an ex officio capacity they do not necessarily have a right to vote. That right to vote attaches to the appointment as a representative or member or delegate as appropriate.
At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager or his nominee at the AGM of each facility or event Committee of Management.
The involvement of a Council representative in the AGM’s is valued by the Committees as it links them to Council’s administration and provides an opportunity to respond to any particular operational questions or problems they might have.
A suggested roster for the Council’s consideration is shown in the following table. Whilst Council staff endeavour to ensure that Section 355 Committees provide adequate notice of their AGM’s, if a rostered person is unable to attend an AGM for whatever reason, then that person should organise a replacement.
COMMITTEE OF MANAGEMENT ROSTER FOR AGM ATTENDANCE Argents Hill Hall Cr Susan Jenvey Bowraville Sports Ground (Hennessy Tape Oval) Cr Martin Ballangarry OAM Burrapine Public Hall General Manager Coronation Park Cr Anne Smyth EJ Biffin Playing Cr Rhonda Hoban OAM Eungai District Memorial Hall General Manager Grants Hall Cr Martin Ballangarry OAM Macksville Gift Cr Janine Reed Macksville Park and Sports AGM Corporate Services Mary Boulton Pioneer Cottage and Museum Cr John Ainsworth Missabotti Community Centre Cr Susan Jenvey Nambucca District Band Cr Martin Ballangarry OAM
CO26092019SR_5 Page 24 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.3 COMMITTEES OF MANAGEMENT FACILITIES AND EVENTS
Nambucca District Historical Society & Museum Cr Anne Smyth Nambucca Community and Arts Centre Cr John Wilson Nambucca Valley Netball Courts General Manager North Macksville Playing Fields & Soccer Club General Manager Scotts Head Sports Field Manager Business Development South Arm Hall Cr Martin Ballangarry OAM Talarm Hall and Welsh Pioneer Park Cr ???? Taylors Arm Hall Cr Janine Reed Taylors Arm Sports Reserve Cr Janine Reed Tewinga Community Centre Cr John Wilson Unkya Reserve General Manager Utungun Community Hall Cr Janine Reed Valla Beach Community Association Cr Susan Jenvey Valla Public Hall Cr Rhonda Hoban OAM Warrell Creek Public Hall General Manager We’re Here Cr Wilson
CONSULTATION:
Nil
SUSTAINABILITY ASSESSMENT:
Environment This report has no impact on the environment.
Social This report has no social impacts.
Economic This report has no economic impacts.
Risk There are no risks associated with this report.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets There are no direct or indirect financial impacts.
Source of fund and any variance to working funds There are no variances to working funds.
Service level changes and resourcing/staff implications There are no changes to service levels or staffing implications.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_5 Page 25 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER
ITEM 9.4 SF959 260919 OUTSTANDING ACTIONS AND REPORTS
AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Paul Gallagher, Assistant General Manager - Engineering Services; Robert Hunt, Assistant General Manager Corporate Services
The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.
RECOMMENDATION:
That the list of outstanding actions and reports be noted and received for information by Council.
SUMMARY OF MATTER STATUS
BY
NO
FILE
ACTION
COUNCIL MEETING OCTOBER 2015 1 SF1855 26/11/15 That Council receive a report GM Report late 2017 regarding any options for 4/12/17 – awaiting effect of highway closure. traffic lights at River Street and Cooper Street following 10/1/18 – Will be reported to Council in the completion of the February. Macksville by-pass. 31/1/18 – Pending negotiations with the RMS on the highway handover.
4/4/18 – Comments provided to RMS on a review of traffic light phasing and also permitting left turns on red.
19/8/18 – GM to contact John Alexander from RMS in relation to the delay.
20/9/18 – A workshop is to be organised with Council and the RMS to determine an acceptable option.
14/02/19 – Council resolved that a workshop be organised with the RMS and Council and include the opening of River Street and the future of the traffic lights in Macksville.
18/02/19 – MTS contacted the RMS (18/2). Waiting on a formal reply regarding having a workshop. RMS have advised they are unsure about what is happening with the highway handover following the Ministers media release that the state will be taking back Regional Roads. The outcome appears to be dependent on the pending state elections.
17/06/19 – Awaiting news on highway handover decision.
07/08/19 – GM to forward an invitation to RMS to make a visitation to Council.
CO26092019SR_20 Page 26 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
3/9/19 - Discussions held with RMS Director of Operations Regional & Freight Division on 30 August who advised that Council needs to develop a town concept plan on connectivity between different sections of town and engage in place-making discussions with the community.
4/09/19 – The issue really pertains to two intersections, River and Partridge Streets. It is proposed to obtain a quote RoadNet for an investigation for opening the River Street intersection to unrestricted turning movements for cars.
16/09/19 – there is a report in this business paper concerning the matter.
AUGUST 2018 2 SF761 16/08/18 That the lease to Optus GM Report in September 2018 mobile in Palmer St be deferred until the GM comes 5/9/18 – GM has contacted Optus who are to back with more information come up with a proposal for slimline antennas regarding options to improve to address Nambucca Heads black spots the wireless service in including the Plaza and Swimming Creek. Nambucca Heads. 19/8/18 – GM to follow-up with Optus
3/10/18 – Optus have advised that they are developing a proposal for consideration by Council. 17/10/18 – Optus have advised that the RF Technicians are developing a proposal including seeking Black Spot funding.
7/11/18 – Optus are pushing for the new lease with reduced rental for Nambucca Heads.
18/11/18 – Optus advise new tower at Scotts Head won’t be operational before late 2019 or early 2020. Optus advised that this is below expectation and they have the option of relocating their mobile phone transmission at Nambucca Heads to another property.
SEPTEMBER 2018 3 SF1120 13/09/18 Report on the funding of the GM Report in November 2018. proposed playing fields and amenities for South 3/10/18 – Advice has been sought from the Macksville and include developer on the development of the park via consideration of the use of a works in kind agreement in lieu of S94 S94 funds. contributions.
23/01/19 – GM has spoken to Barry Kerr and a meeting is to be organised to discuss the dedication and the development of the lands within 2 weeks.
19/02/19 – follow up letter sent to Barry Kerr
20/2/2019 – Barry Kerr has spoken to General Manager. Has De Groot Benson preparing plans including the dedication including the
CO26092019SR_20 Page 27 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
land to Council.
08/05/19 – De Groot Benson has provided a concept plan to Council which has been referred to staff for comment. GM to respond to De Groot Benson.
24/05/19 – De Groot Benson provided with a response and a suggestion for a meeting.
1/08/19 – follow up email sent to De Groot Benson
OCTOBER 2018 4 SF2327 25/10/18 There be a report to Council GM Report October 2019 in 12 months’ time on the progress of implementing the NSC Library Strategic Plan. FEBRUARY 2019 5 SF2162 14/02/19 That Council accept the GM Will report on progress by June 2019. funding being offered to prepare a Koala Habitat 20/06/19 – Matter discussed with OEH. A Management Strategy, and project brief will be developed in the new provide Koala food tree financial year. Staff will engage a suitably species to the community qualified consultant to assist in the preparation and hold a koala field day/s. of the strategy which will be reported to Council as a draft. Councillors will be notified and invited to the field day and advised of feed tree availability when the delivery of these actions are organised. Project is anticipated to be delivered in the first half of the 2019/20 financial year.
MARCH 2019 6 SF600 14/03/19 Nambucca Heads Mens GM Report April 2019. Shed – matter be deferred for 1 month for a further 17/04/2019 – Deferred until May 2019. report in relation to the progress of both properties 22/05/19 – Awaiting response from Nambucca and there be an inspection. Heads Local Aboriginal Land Council. Council will be unable to progress the matter without their agreement. 7 SF601 14/03/19 There be a report to Council GM Report May 2019. on opportunities for “free” camping in Bowraville. 19/05/19 – deferred to July due workload.
27/06/19 – deferred until after the sporting hub has been further considered as it includes a proposal for primitive camping.
8 SF841 28/03/19 Council make GM Report May 2019. representations to the Member for Oxley supporting 17/04/2019 – letter sent to Member for Oxley – the request from the Valla 2 April 2019. Beach Community Association that the RMS 22/8/19 – RMS advised Valla Beach provide information on the Association there would be no further action. outcome of the diamond grinding trial as well as 3/9/19 – RMS advised there is an internal provide a written response to meeting this week which will include a review the findings of Tumney of the Tumney Report and they will be back in Consulting. touch with the Mayor on the outcome of the meeting.
CO26092019SR_20 Page 28 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
APRIL 2019 9 SF2547 11/04/19 Council write to the NSW GM Letters sent 14/04/19. Minister for Health cc to Member for Oxley and No progress has been made Local GP’s CEO of MNCLHD requesting indicate this is a priority for the new Macksville space and funding for a CT hospital to speed up diagnosis and to avoid scanner at the Macksville patients undertaking return trips to Coffs Hospital. Harbour.
5/06/2019 – Public campaigning for the funding of the CT scanner is being developed.
22/8/19 – no further news.
3/9/19 – awareness campaign underway – posters in chemists, doctor surgeries, businesses and Facebook page. 10 SF959 11/04/19 There be an excursion to Mt GM Suggest May/June 2019. Killiekrankie. 17/04/2019 – Forestry Corp has again been requested to provide a Guide for a half day trip.
08/05/19 Forestry Corp has agreed to provide a Guide - date for trip to be finalised.
19/05/19 – liaising with Bellingen Shire Council re their interest in attending.
22/05/19 – Now have EOI from the Mayor of Bellingen plus 4 other councillors plus 2/3 staff (total 7). Their preference is for a weekday (except Friday). Now need numbers from Nambucca Shire Council.
5/06/19 – Suggested number of 14 from both Councils. A request has been put to NSW Forest for an excursion date.
1/08/19 - advice received via Bellingen Council that the Forestry Corp. is undertaking some repairs to the Horseshoe Road. 11 SF983 24/04/19 Council enter into GM Aim to report by August 2019. negotiations with the NHLALC in relation to the 08/05/19 – Letter sent to NHLALC and issue short term maintenance and discussed with CEO. access issues as well as the longer term use of the land 28/06/19 – No response. GM to follow up. (the Faringdon Fields) 1/08/19 – Follow up email sent.
16/09/19 – Follow up letter sent MAY 2019 12 SF2329 16/05/19 Council consider providing GM Consider at budget meeting on 27 June 2019. $20K in its 19/20 or subsequent budgets for a 19/06/19 – Council’s budget for next year has detailed design for the River deteriorated with dollars $150k shortfall in the Street foreshore between the estimated FAG grant. There will be no bridge and Princess Street opportunity to fund this project in 19/20. with a view to the gradual Consider in 19/20-21. replacement of the Kaffir Plum trees … 27/06/19 – the adopted long term financial plan has $20k in 20/21 financial year.
CO26092019SR_20 Page 29 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
13 SF2546 16/05/19 There be a further report to AGMES 22/05/19 – AGMES to report to Consultative Council on the outcome of Committee and then to Council. the trial of no longer undertaking regular 17/6/19 - Report October 2019 (following scheduled day labour civic conclusion of the school holidays). services activities (street & park litter collection, toilet 1/08/19 – not clearing street litter bins on a cleaning) on Sundays. Sunday is proving problematic with overflowing litter and vermin problems. A trial is now being undertaken on not emptying bins on a Saturday in lieu of Sunday.
14 SF2546 16/05/19 That Council consider in the AGMCS Report in April 2020. 20/21 budget the appointment of a Finance 27/06/19 – the adopted long term financial Officer position, responsible plan has $ in 20/21 financial year. for stores relief and assistance with other key functions within the Finance Section such as assets accounting, rates and water billing functions.
JUNE 2019 15 SF2547 13/06/19 Council, in consultation with AGMES 19/6/2019 - Referred to the Traffic Committee the Bowraville Chamber of and will be reported back to Council after the Commerce, investigate meeting and consultation with Bowraville constructing an additional Chamber of Commerce. pedestrian crossing in High Street between George and 4/09/19 – MTS and GM met with the Chamber Belmore Streets. of Commerce on 15 August 2019, it was agreed that a pedestrian crossing was not warranted, but Council would install blister islands and line marking to reduce the pavement width as per the endorsed PAMP. Council will need to allocate $4000.00
18/9/19 – Surveyor to set out kerb blisters once the Manager Technical Services has presented a proposal to the Access Committee on 24 September 2019.
JULY 2019 16 DA2017/ 11/07/19 That the matter be deferred GM Report in September 2019. 238 (re sealing a section of Newee Creek Road) Resolved 12/09/19
17 SF1226 25/07/19 Council make application to GM 27/7/19 – Written request sent to OLG the Minister for an order that the casual vacancy created 22/8/19 – No response received to date – OLG by the resignation of Cr contacted and they are following up. Finlayson not be filled. 3/9/19 – still no advice received.
9/9/19 – OLG advise received dispensing with a by-election
16/09/19 – report in business paper for 26/09
CO26092019SR_20 Page 30 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
18 SF611 25/07/19 There be a further report to AGMCS 7/08/19 - Report September 2019 Council on opportunities to improve the likelihood of 3/9/19 – Report to 26 September 2019 local residents and contractors tendering for the provision of goods and services to Council.
19 PRF47 25/07/19 Council reconsider the GM 7/08/19 - Report October 2019 proposal (for a windmill in Dawkins Park) at the completion of the DA process at which time they may choose to proceed with or withdraw the DA.
AUGUST 2019 20 RF371 15/08/19 Arrangements be made with AGMCS 3/9/19 – Council Meeting date still to be Girralong residents for a determined in Spring. Council meeting to be held at the Girralong Fire Shed in 18/9/19 – Council to be organised for early Spring. Given the facilities 2020. at the Fire Shed it is suggested that the meeting commence earlier than 5.30 pm.
21 SF 2785 29/08/19 Council proceed with the AGMCS 3/9/19 – Investigation of procedure underway. process of legally changing Likely to take several months and may require its official name to further community consultation. Nambucca Valley Council.
22 SF699 29/08/19 That Council receive a report GM/ 4/9/19 – Refer to Access Committee. on the progress of the MCS program to improve accessible public toilets as outlined in the Disability Action Inclusion Plan 2017- 2021, including how enhancements can be staged to ensure that in the future the Shire’s public amenities are suitable for our ageing population and for the growing number of those suffering from dementia within our community.
SEPTEMBER 2019 23 SF2547 12/09/19 Council defer making any AGMES 16/09/19 – Report November 2019 further decision on the amenities in Bowraville pending discussions with the Lions Club of Bowraville on the future ongoing maintenance of the facilities.
CO26092019SR_20 Page 31 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.4 OUTSTANDING ACTIONS AND REPORTS
24 SF2547 12/09/19 Council contact LGNSW to GM 16/09/19 – Report October 2019 ascertain progress re their adopted policy to review the provisions for cat management and control under the LG Act and Companions Animals Act and to receive a report from staff on the implications for Council if cats were permitted to be regulated in the same manner to dogs. 25 SF2397 12/09/19 A decision on the Bowraville GM 16/09/19 – Arrangements being made for a Sport Hub proposed workshop at the Bowraville Recreation Club. reclassification be deferred until a future Council meeting and that a workshop with all Councillors and the Hub Group members be held on site. 26 SF2546 12/09/19 That the Fire Safety Order – GM 16/09/19 – Report in November 2019 Star Hotel – be reported back to Council after the expiry of the representations period for Council to decide whether to give the order, to modify the terms or not give the order. 27 SF2390 12/09/19 That a special meeting be AGMCS 16/09/19 – Special Council meeting being held to discuss the impact on organised for 24/09/19 Council’s budget for heating of the Macksville Pool. 18/9/19 – Report to Council 17 October 2019 with letters sent in the interim ATTACHMENTS: There are no attachments for this report.
CO26092019SR_20 Page 32 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.5 SF2547 260919 CLIMATE CHANGE EMERGENCY DECLARATION
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
A summary is not required.
RECOMMENDATION:
That the information concerning a climate change emergency declaration be received.
OPTIONS:
It is open for the Council to adopt a motion declaring a climate emergency as per the notice of motion put to Council’s meeting on 12 September 2019.
DISCUSSION:
At Council’s meeting on 12 September 2019 it was resolved as follows:
1. That Nambucca Shire Council report on the feasibility of making a Climate Emergency Declaration as a binding call and join other councils in declaring a climate emergency.
2. Call on Council to continue to minimise its carbon footprint through its support of the Renewable Energy Action Plan.
3. Urge local businesses and industry to do the same.
4. That Council offers moral support to the students on the climate change strike on September 20. That we support their activities in highlighting the crisis; and congratulate them for taking a lead in our community to protect the future they will be living in.
This report concerns items 1, 2 and 3 of the resolution. A media release has been issued in relation to item 4.
According to a 21 May 2019 report in Renew Economy which provides Clean Energy News and Analysis by David Spratt the term “climate emergency” was popularised by David Spratt and Phillip Sutton in a 2007 report and subsequently in their June 2008 book Climate Code Red: The case for emergency action”. According to Spratt the book argued, “that we must devote as much of the world’s economic capacity as is necessary, as quickly as possible, to this climate emergency. If we do not do enough, and do not do it fast enough, we are likely to create a world in which far fewer species, and a lot less people, will survive … Declaring a climate and sustainability emergency is not just a formal measure of an empty political gesture, but an unambiguous reflection of a government’s and people’s commitment to intense and large scale action. It identifies the highest priority to which sufficient resources will be applied in order to succeed.”
On line reports indicate that a range of NSW Councils have made climate emergency declarations including Bega Valley Shire Council; Bellingen Shire Council; Blue Mountains City Council; Byron Shire Council; Canterbury Bankstown City Council; Central Coast Council; Clarence Valley Council; Hawkesbury City Council; City of Lismore; Newcastle City Council; North Sydney Council; Northern Beaches Council; Randwick City Council; Ryde City Council; Sydney City Council; Wollongong City Council; and Woollahra Municipal Council.
It is certainly feasible to make a climate emergency declaration as done by these councils. Although the language may sound similar, a “state of emergency” and a “climate emergency” do not mean the same
CO26092019SR_19 Page 33 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.5 CLIMATE CHANGE EMERGENCY DECLARATION thing. Climate emergency declarations do not confer any special powers on Councils or other levels of government to take action they cannot otherwise take in the normal course of their business.
The value or otherwise in resolving in this way is open to conjecture.
Waleed Aly who is a regular columnist in the Sydney Morning Herald and a presenter on The Project wrote a very discerning assessment of whether or not we are well served by this sort of rhetorical wielding of emergency: as a way of doing politics. The opinion piece was published in the Sydney Morning Herald on 13 September 2019.
Extracts from Waleed Aly’s opinion piece are as follows.
“Part of the problem is that “emergency” is now used in a markedly promiscuous way. Recall Tony Abbott’s famed “budget emergency” back when it was a way of beating Labor with a stick over the deficit. Or take Donald Trump’s attempt to declare an immigration emergency on the southern border, despite the fact that illegal immigration there has been falling….
The problem is that what counts as an emergency is itself an inescapably political question. We just pretend it isn’t. Theorists have tried to come up with apolitical definitions to avoid this, but it’s a hopeless cause. You end up relying on ideas like “necessity”, but that simply shifts the question: precisely what constitutes a necessity?
Whether or not you regard the reining in of budget deficits or illegal immigration to be “necessary” ultimately depends on how essential you think these things are to the life of the nation, and that is ultimately a matter of political conviction…. The language of emergency conceals that in each case we’re making political value judgements rather than merely describing an obvious truth.
Is climate change a truly different case? It certainly has a better argument that most. It is, after all, a matter of scientific fact. The projected harm – namely the destruction of millions of lives and the planet’s liveability – is so cataclysmically large that any values system must consider it intolerable. And there is also the sense of time slipping away: the United Nations says we might only have 11 years left to prevent a catastrophe. But even here, there are political questions. To see this, let us play with some extreme examples.
Would you be prepared to accept absolutely any intervention to fight climate change? What if it involved the forcible shutting down of agriculture? Or the forcible re-engineering of human beings’ genetics to make them vegetarian, as some philosophers have mooted? Too extreme?
I raise this not because I think they are reasonable responses, but merely to show that even in something as disastrous as climate change, there are limits to what we’re prepared to do. We will place those limits in different places from one another. And those differences are what we call politics.
The problem with the invocation of emergency is that it implies a suspension of politics. Even when the idea is just used rhetorically, the aim is to take an issue to a place above politics, no longer subject to its contingencies.
Emergencies exist to shut down dissent and contestation, to foreclose debate. Ultimately, they cleave the entire political spectrum into a simple dichotomy of allies and enemies. You side with the threat or with the response. With us or against us…
I’m afraid there’s no way simply to declare that disagreement out of existence. In that context, an emergency declaration doesn’t put climate change beyond politics. It can only be the very prosecution of it. Ultimately it can only reinforce the vernacular of emergency in our political culture – a habit we’d probably be better off without.”
As climate change is a global issue Australia is responsibly part of the globally ratified Paris Agreement on Climate Change. The historic global climate agreement was made under the United Nations Convention on Climate Change in Paris in December 2015. As part of the agreement targets have been set by almost all parties to the agreement, including all G20 countries. According to the Australian Government’s
CO26092019SR_19 Page 34 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.5 CLIMATE CHANGE EMERGENCY DECLARATION
Department of the Environment and Energy, these targets represent over 96% of global emissions. Australia’s global contribution to greenhouse gas emissions is estimated to be 1.46%. By comparison it is estimated that China and the United States contribute 20% and 18% respectively to the worlds’ carbon emissions. Whilst the United States via President Donald Trump has announced its intention to withdraw from the agreement, the earliest possible date this can occur is November 2020.
Under the Paris Agreement Australia has set a target to reduce emissions by 26%-28% below 2005 levels by 2030. The Australian Government manages the tracking of emissions projections via the Department of the Environment and Energy who prepare Australia’s National Greenhouse Accounts.
Among other requirements, countries must report their greenhouse gas inventories and progress relative to their targets, allowing outside experts to evaluate their success. Countries are also expected to revisit their pledges by 2020 and put forward new targets every five years, with the goal of further driving down emissions.
In the context of the Paris agreement, the observations of Waleed Aly that a declaration of emergency may be an unhelpful over simplification of a complex global problem is agreed. The focus should be on ensuring independent verification that Australia’s undertaking to reduce emissions by 26%-28% below 2005 levels by 2030 will be achieved and secondly via international diplomacy to ensure that all of the worlds’ governments participate in the agreement.
CONSULTATION:
There has been consultation with Cr Jenvey.
SUSTAINABILITY ASSESSMENT:
Environment
Environmental impact doesn’t get much bigger than changing the world’s climate. Something like the 10 to 15km asteroid that may have collided with the earth 66 million years ago at the end of the Cretaceous period could have an equivalent or greater impact.
Social
This is as significant as the impact on the environment.
Economic
This is as significant as the impact on the environment.
Risk
The risks are extreme to the extent that science is uncertain as to what all of the impacts will be.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
It is a matter for Council as to what budgetary impact there will be in relation to a declaration about a climate emergency. It is within the Council’s discretion to redirect funds from existing programs to provide more funding towards reducing or offsetting the Council’s carbon emissions.
Working funds – justification for urgency and cumulative impact
There will be no implications for working funds in relation to a declaration about a climate emergency.
CO26092019SR_19 Page 35 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.5 CLIMATE CHANGE EMERGENCY DECLARATION
Service level changes and resourcing/staff implications
At this stage there are no service level implications.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_19 Page 36 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.6 SF1226 260919 APPROVAL OF REQUEST TO DISPENSE WITH A BY- ELECTION FOR THE CASUAL VACANCY CREATED BY THE RESIGNATION OF CR BRIAN FINLAYSON
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
A summary is not required.
RECOMMENDATION:
That the information concerning the approval of Council’s request to dispense with a by-election to fill the casual vacancy created by the resignation of Cr Brian Finlayson be received.
OPTIONS:
There are no options. The report is for information.
DISCUSSION:
On 27 July 2019 the Council made a request to the Minister for Local Government to dispense with a by- election to fill the casual vacancy created by the resignation of Cr Brian Finlayson. The request to the Minister noted that the Council considered the matter at its meeting on 25 July 2019 and resolved to make an application for an order that the casual vacancy not be filled for the reasons that the scheduled Council elections were just over one year away and the Council has no budget provision for a by-election which would cost in the vicinity of $100,000.
Mr Tim Hurst, Deputy Secretary Local Government, Planning and Policy acting as the Minister’s delegate has now responded to Council by letter dated 4 September 2019 approving Council’s application and ordering that the casual vacancy not be filled. Consequently there will be no by-election to fill the vacancy.
Mr Hurst is to notify the NSW Electoral Commissioner of the decision.
The vacancy will be filled along with all other councillor positions at the next local government election which will occur on 12 September 2020.
CONSULTATION:
There has been consultation with the Office of Local Government.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
CO26092019SR_15 Page 37 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.6 APPROVAL OF REQUEST TO DISPENSE WITH A BY-ELECTION FOR THE CASUAL VACANCY CREATED BY THE RESIGNATION OF CR BRIAN FINLAYSON
Risk
There are no risks.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no budgetary implications.
Working funds – justification for urgency and cumulative impact
There are no working funds implications. The decision has avoided an unbudgeted expense in the vicinity of $100,000. There will be a minor reduction in Councillor expenses for this financial year as a consequence of the Council operating with eight instead of nine councillors.
Service level changes and resourcing/staff implications
There are no resourcing implications.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_15 Page 38 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER
ITEM 9.7 SF2397 260919 NAMBUCCA VALLEY CONNECTED - BOWRAVILLE SPORTING HUB - PROPOSED RECLASSIFICATION OF SPORTING PRECINCT AS OPERATIONAL LAND
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
The report concerns making progress on the proposed Nambucca Valley Connected – Bowraville Sporting Hub proposal via a reclassification of Lot 482 DP 700681 from Community to Operational land and secondly via the provision of funding for the preparation of costed DA plans.
NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan. Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.
RECOMMENDATION:
1 That Council seek approval to reclassify Lot 482 DP 700681 being the land shown in darker green shading on the attached plan as Operational Land.
2 That Council put an offer to the Member for Oxley that it will provide up to $25,000 subject to an equivalent contribution from the State Government to allow for the preparation of costed plans to a development application standard for the Hub facility.
3 In relation to the preparation of costed plans to a development application standard, the Hub Working Party be advised that Council’s financial contribution of up to $25,000 will be subject to a matching contribution from the State Government as well as a funding deed which would set out a timeline for the preparation of plans; the required standard for the plans; the components to be costed; as well as a contingency.
4 In the event that the State Government provides matching funding, the General Manager be provided with delegated authority to prepare a suitable funding deed and to endorse that deed on behalf of Council with Council’s seal to be attached as required.
OPTIONS:
The Council has the option of taking no action in reclassifying community land in which case the new Bowraville Sporting Hub would be constructed on Council’s land. This would be contrary to a previous resolution and would result in significant financial risk to Council as the owner or the legal entity “in control” of a licenced club. The Council also has discretion as to whether or not it makes funding available for the preparation of costed DA plans for the Hub facility.
DISCUSSION:
This report was considered by Council at its meeting on 12 September 2019 and it was resolved as follows:
“That a decision on the Nambucca Valley Connected – Bowraville Sporting Hub – proposed reclassification of sporting precinct as operational land be deferred until a future Council meeting and that a workshop with all councillors and the Hub Group members be held onsite.”
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ITEM 9.7 NAMBUCCA VALLEY CONNECTED - BOWRAVILLE SPORTING HUB - PROPOSED RECLASSIFICATION OF SPORTING PRECINCT AS OPERATIONAL LAND
Prior to this decision the Council had previously deferred a decision from its meeting on 15 August when it was resolved:
1. That Council defer progressing a reclassification of Lot 482 DP 700681 until legal advice can be obtained as to whether a boundary adjustment and land swap with no net loss of community land is possible without a reclassification from Community to Operational land.
2. That Council and Nambucca Valley Connected – Bowraville Sporting Hub be advised of the legal advice.
Legal advice from the law firm Marsdens has now been obtained and that advice is attached.
In summary the legal advice confirms the author’s opinion that a reclassification of land is required, regardless that it may involve a land “swap” where equivalent areas of land are exchanged such that there is no change to the area of the community land.
The concluding remarks in the Marsden’s advice are as follows:
“… it seems to us that the proposal of land swap still involves the disposal of Council land in that the proposal involves the Council allowing the transfer of the ownership of the Council land to another entity. It does not matter if, in return, Council receives a gift of other land. It is still a disposal of its own land.
As stated by Justice Basten in the case of Kogarah Municipal Council v Golden Paradise Corporation (2005) NSWCA 230 at paragraph 99
“99 …s45 of the LG Act speaks in unequivocal terms. It renders a council powerless to sell, exchange or otherwise dispose of community land”.
It seems to us that the land swap as proposed by BSH Inc is either an exchange or disposal of land and as the Council land is classified as community land under the LG Act section 45 of the LG Act operates so that Council does not have the power to do so.
In order for Council to enter into a transaction which involves the disposal of the land it is necessary for it to take steps to reclassify the land as operational under the LG Act.”
For Council’s information there was also a meeting involving the Bowraville Sporting Hub Working Party, the Member for Oxley and the Mayor and General Manager on 15 August 2019. The Member for Oxley advised that the promised $3m funding for the Hub complex would not become available until the 2021/2022 financial year.
As the Hub Working Party is keen to progress with their planning processes, notwithstanding the funding not being available until 2021/2022, they sought some funding to progress with their plans. In the circumstances it is considered reasonable to put an offer to the Member for Oxley that Council provide up to $25,000 subject to an equivalent contribution from the State Government to allow for the preparation of costed plans to development application standard. The financial contribution from Council would be a part of its promised $700,000 commitment to the project.
The preparation of costed DA plans will make the community consultation for the reclassification more meaningful and will enable the planning for the project to be completed and development consent to be obtained in readiness for construction to occur in 2021/2022.
Subject to the State Government matching Council’s funding offer it is suggested that an appropriate funding deed be prepared which sets out a timeline for the preparation of plans; the required standard for the plans; the components to be costed; as well as a contingency.
CO26092019SR_18 Page 40 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.7 NAMBUCCA VALLEY CONNECTED - BOWRAVILLE SPORTING HUB - PROPOSED RECLASSIFICATION OF SPORTING PRECINCT AS OPERATIONAL LAND
Report to Council’s Meeting on 15 August 2019
At Council’s meeting on 27 June 2019 it was resolved that Council prepare a planning proposal to reclassify the land shown on the attached plan as the site for the Nambucca Valley Connected – Bowraville Sporting Hub from community to operational land. Council is aware that the State Government will provide funding of $3m towards the project with a further $700,000 being contributed by Council.
The proposed building, children’s playground, bowling greens and associated car park are proposed to be located at the southern end of the Hennessey Tape sporting fields.
It is understood that the Bowraville Recreation Club and the Bowraville Sporting Hub Working Party have had meetings with aged care providers to elicit interest in the development of an aged care facility on the Bowraville Recreation Club land.
In meetings between Council, the Bowraville Recreation Club and Bowraville Sporting Hub Working Party there have been some discussions about land swaps wherein the land provided for the new Bowraville Sporting Hub could be offset by land owned by the Bowraville Recreation Club being ceded back to Council. A land swap may also assist in the establishment of an aged care facility.
If Council does not reclassify the land for the new Bowraville Sporting Hub it will be unable to transfer the ownership of the facility to the newly Incorporated Association. This will pose obvious financial risks for the Council and would be inconsistent with the tenure arrangements for other similar clubs.
In the circumstances that Council has to commit to a reclassification of the land; that the reclassification of the land is a 6-12 month process; that the aged care proposal has not been finalised; and that there is a possibility that in finalising the plans of the Bowraville Sporting Hub there may be adjustments to the siting of the facility, it is proposed that the whole Hennessey Tape precinct be reclassified from community to operational land.
The land to be reclassified is shown in darker green shading on the second attached plan. In general terms it comprises all of the existing golf course plus most of the Hennessey Tape sporting facilities. It is a single parcel being Lot 482 DP 700681, 2 South Arm Road, Bowraville.
A reclassification of the land will provide Council with the necessary flexibility to accommodate any changes to the project as it progresses. If the reclassification process to change community land to operational land was not so onerous in terms of resources and time this wouldn’t be necessary but as it stands any unplanned change, for whatever reason, could delay progress by 6-12 months.
Once the project is completed the Council can finalise the subdivision boundaries and as part of a housekeeping amendment of the local environmental plan reclassify the land not being used as part of the project back to community land.
There will still be a public consultation process in relation to any subdivision of the land so it’s not the case that a general reclassification will prevent public consultation and feedback on the final proposal. The reclassification will simply facilitate the finalisation of the plans which will then be made available for public consultation via a development application for the facility and for its subdivision.
The Council will need to undertake a public hearing for the reclassification which is chaired by an independent person. In the first instance the Council needs a gateway approval from the Department of Planning, Industry and Environment to proceed with the exhibition of the reclassification and to organise a public hearing. In essence the reclassification process is the same as preparing a local environmental plan.
CONSULTATION:
There has been consultation with the Grants and Contributions Officer. Legal advice has been obtained from Marsdens. There has been discussions with the Hub Working party and the Member for Oxley.
CO26092019SR_18 Page 41 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.7 NAMBUCCA VALLEY CONNECTED - BOWRAVILLE SPORTING HUB - PROPOSED RECLASSIFICATION OF SPORTING PRECINCT AS OPERATIONAL LAND
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
The report concerns minimising delays to the project caused by the onerous reclassification process.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no budgetary implications. The legal advice cost $1,590.05 and was charged to Town Planning legal expenses.
Working funds – justification for urgency and cumulative impact
Besides the relatively minor cost of the public hearing there will be no impacts on working funds.
Service level changes and resourcing/staff implications
The preparation of a local environmental plan for a reclassification of council land is an onerous task in terms of staff time.
ATTACHMENTS: 1 34815/2019 - Legal advice 2 23594/2019 - Bowraville Hub Plan 3 30266/2019 - Proposed Reclassification
CO26092019SR_18 Page 42 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.8 SF1855 260919 IMPROVING THE ACCESSIBILITY OF RIVER STREET, MACKSVILLE
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
The report proposes changes to the intersection of Cooper and River Streets, Macksville to permit right turn movements.
RECOMMENDATION:
That Council request the Local Traffic Committee endorse the proposed changes to the intersection of Cooper Street and River Street, Macksville as per the concept design attached to this report.
OPTIONS:
The Council has the option of not adopting the recommendation or proposing other traffic management measures for the intersection of Cooper and River Streets, Macksville.
DISCUSSION:
Since 26 November 2015 the Council has had an outstanding action to receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by- pass. The resolution arose out of a traffic management report which the Council commissioned to have the town ready to take advantage of the post by-pass traffic arrangements.
The traffic management report prepared by the firm, Roadnet, considered a plan for a proposed mountable roundabout at the River Street intersection with Cooper Street. The objective of the roundabout was to open up traffic movements in the CBD to all directions. Because of the space limitations at this intersection neither Council’s traffic consultant nor the Local Traffic Advisory Committee agreed that a roundabout was feasible. There was then some commentary in the report and subsequently the resolution to receive a report regarding options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.
Of course the Macksville by-pass was opened just before the Christmas school holidays in December 2017, nearly two years ago.
The final RoadNet report modelled only two potential intersection layouts for the corner of River Street and Cooper Street, a signalised intersection and a single lane roundabout. No other options for the intersection were modelled nor commented on.
However in initial feedback which RoadNet provided to Council in November 2014 they predicted that the highway by-pass would result in a 50% reduction in vehicles passing through the town and a 74% reduction in heavy vehicles. It was commented that, “the numbers through River Street will allow the intersection to be safely “opened up” to cross movements and right turns”.
Subsequent to Council’s resolution of 26 November 2015 there have been almost endless delays in seeking to have the RMS review the provision of traffic lights in the town. It is the RMS, not Council which is responsible for the provision and maintenance of traffic lights.
Most recently on 30 August 2019 the Mayor, the Assistant General Manager Corporate Services and Manager Assets met with the RMS Regional Director to discuss this matter and others. The Regional Director advised that the Council should develop a concept plan for connectivity and engage in place making discussions with the community. However these planning activities and discussions were
CO26092019SR_21 Page 43 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.8 IMPROVING THE ACCESSIBILITY OF RIVER STREET, MACKSVILLE effectively undertaken by Council between 2013 and 2015 when it commissioned Bennell & Associates and Jackie Amos Landscape Architect to prepare revitalisation plans for Macksville post-bypass in association with the traffic management report prepared by RoadNet.
The importance of accessible and legible streets as well as the ready availability of on and off street parking for centre vitality is well known. It is partly common sense that a centre which is readily accessible will be more prosperous than a centre which is less so. But the vitality provided by those additional visits is compounding encouraging more investment and in turn more visitation.
Whilst the Council has no power to install or remove traffic lights it can initiate other work at intersections to improve accessibility.
Council’s Manager Technical Services has prepared the attached proposed layout for the intersection of Cooper Street and River Street which provides for right turning movements regulated by stop signs on River Street. It will allow both south and north bound traffic to turn right into River Street. There are short bays for a vehicle wishing to turn right out of River Street which will still allow a slip lane for left turning movements.
The proposal will significantly improve access to the Macksville CBD foreshore which is an important destination for tourists and visitors.
It is recommended that the proposal be put to the Local Traffic Advisory Committee for their consideration.
CONSULTATION:
There has been consultation with the Manager Technical Services.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
The proposal will have positive social implications by supporting the vitality of the Macksville CBD.
Economic
The proposal will have positive economic implications by supporting the vitality of the Macksville CBD.
Risk
The risks mainly pertain to traffic banking behind right turning traffic. These risks will be most significant during the busiest times of the day, for example school pick up and drop off. With banking traffic there is also the risk of rear end collisions.
In relation to banking traffic since the opening of the Macksville by-pass there is generally plenty of opportunities to make right turns across Cooper Street so that banking, if it occurs, will be of short duration and limited to the busiest periods of the day. In relation to the risk of rear end collisions, both streets are subject to 50 km/hr speed limits and it’s already an environment where vehicles can be expected to stop at traffic lights or for cars undertaking on-street reverse parking.
In the worst case, sometime in the future the Council could impose restrictions on right turn movements if the banking of vehicles became an issue.
CO26092019SR_21 Page 44 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.8 IMPROVING THE ACCESSIBILITY OF RIVER STREET, MACKSVILLE
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There is no provision in Council’s budget for any work associated with this proposal. If the work cannot be undertaken as part of already budgeted programs for road maintenance and rehabilitation then it would require a budget variation.
Working funds – justification for urgency and cumulative impact
The cost of undertaking the work has not been estimated. There will be some costs in relation to removing the existing concrete medians and the placement of signage and line marking. The cost of the work will be determined if the Local Traffic Committee supports the changes going ahead.
Service level changes and resourcing/staff implications
At this stage there are no service level or resourcing/staff implications. If the Local Traffic Committee supports the change then Council staff will need to determine the cost of the work and whether or not it can be met from funds provided to existing programs.
ATTACHMENTS: 1 36461/2019 - River-Cooper Street intersection - Proposed Layout
CO26092019SR_21 Page 45 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.9 SF1026 260919 NSW GOVERNMENT'S RESPONSE TO IPART RECOMMENDATIONS ON LOCAL GOVERNMENT ELECTION COSTS
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
The NSW Government has advised that it will provide $20m in funding to “reduce” the cost of running next year’s local government elections. The Government has also announced that it will consult with the local government sector on providing an option to use universal postal voting instead of attendance voting from the 2024 elections onwards to reduce costs and increase participation rates.
RECOMMENDATION:
That the information concerning the NSW Government’s response to the IPART Review of Local Government Election Costs be received.
OPTIONS:
There are no options. The report is for information.
DISCUSSION:
The NSW Government asked the Independent Pricing and Regulatory Tribunal (IPART) to undertake a review of local government election costs for the 2020 elections. IPART was also asked to recommend a costing methodology that minimises the financial burden on councils and ensures local government elections are conducted efficiently and cost effectively.
In their review completed in August 2019 IPART found that moving to cost-reflective prices for the 2020 elections would mean an average increase in council bills from the NSWEC of 51% compared to the 2016- 17 elections. This is in part due to general inflation and growth in the number of electors. It is also due to the removal of opaque government subsidies of the NSWEC’s costs and some increases in efficient costs.
To ease Council’s concerns about the affordability of higher bills, IPART recommended that the NSW Government provide $15m in direct funding to councils to offset bill increases in 2020. With this subsidy IPART estimated that average council bills would increase in nominal terms (including the effects of inflation and roll growth) by 9% from the 217-17 elections to the 2020 election. Over the same period IPART estimated that, under the rate peg, council general income would increase by 7%.
IPART made a number of other recommendations including the introduction of electronic voting for the 2024 local government elections and shorter pre-polling periods.
The NSW Government has now responded to the IPART report advising that it will provide almost $20m in funding to reduce the cost of running next year’s local government elections.
According to the media release from Shelley Hancock MP, Minister for Local Government, “the cost per elector for the next local government election will be $8.21, compared to $12.72 if no Government funding contribution was provided”.
In essence the NSW Government accepted IPART’s central recommendation being the provision of funding to offset the full, efficient costs of the NSW Electoral Commissions contestable services to councils.
Perhaps of greater significant is what the NSW Government has flagged for future elections. The media release goes on to state as follows:
CO26092019SR_24 Page 46 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.9 NSW GOVERNMENT'S RESPONSE TO IPART RECOMMENDATIONS ON LOCAL GOVERNMENT ELECTION COSTS
“Mrs Hancock said the Government would also make a range of regulatory changes to further increase the efficiency of local government elections.
These changes include applying modern and efficient practices used at State elections to council polls from 2020 onwards such as allowing full electronic nominations and electronic vote counting.
The Government will also consult with the local government sector on giving councils the option to use universal postal voting instead of attendance voting from the 2024 elections onwards to reduce costs further and increase participation rates.”
The advice concerning the possibility of allowing universal postal voting as an option to manage or reduce costs is welcomed. The Council has previously made representations supporting this initiative.
The Government advises that it will be consulting with the local government sector early next year on extending to all councils the option of conducting their elections by universal postal voting (from the 2024 election).
Universal postal voting has operated successfully in Victoria for some years. At the 2016 Victorian local government elections, 72 out of 79 (92.7%) councils conducted their elections by universal postal voting. In 2016, universal postal voting elections cost 12.2% less than attendance voting elections and had higher participation rates. Participation rates at council elections using universal postal voting elections was 73.8% compared to 61.5% for attendance voting elections. These statistics indicate that besides the saving to government postal voting would seem to be a cheaper, more convenient alternative for voters.
CONSULTATION:
There has been no consultation.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
There are no risks.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The NSW Government’s response to the IPART report will mean that the internally restricted reserve which the Council has created to meet the costs of the 2020 election should reasonably approximate the cost, although this will be subject to the receipt of a quote from the Electoral Commission.
CO26092019SR_24 Page 47 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.9 NSW GOVERNMENT'S RESPONSE TO IPART RECOMMENDATIONS ON LOCAL GOVERNMENT ELECTION COSTS
Working funds – justification for urgency and cumulative impact
At this stage there is no impact on working funds.
Service level changes and resourcing/staff implications
At this stage there is no impact on service levels.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_24 Page 48 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.10 SF2329 260919 MINUTES OF THE NAMBUCCA BUSINESS ADVISORY COMMITTEE MEETING HELD ON 18 SEPTEMBER 2019
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
SUMMARY:
A summary is not required.
RECOMMENDATION:
A. That Council provide in-principle support to the proposal for twilight dining events and that Council consider in-kind and financial support once further details are provided by the Sub- Committee.
B. That Council note the minutes of the Nambucca Business Advisory Committee meeting held on 18 September 2019.
OPTIONS:
Council has the option as to whether or not to adopt the recommendations.
DISCUSSION:
A meeting of the Business Advisory Committee was held on 18 September 2019. The minutes of the meeting are as follow:
Meeting opened 5.30pm
Present:
Cr Janine Reed, Cr Rhonda Hoban OAM (Mayor), Rod Edwards, Anthony Burton, Felice Burton, Mary Lawler, Chris Sedgwick, Michael Coulter, Martin Mountford, Emma Rowsell, Alan Rudge, Adele McCollom, Robert Hunt
1. Apologies:
Cr John Wilson, Monica Schuhmacher, Mickey Hawkes
2. Confirmation of Minutes of the Meeting Held on 14 May 2019
It was resolved on the motion of Michael Coulter/Chris Sedgwick that the minutes be accepted.
3.1 Minutes of the Nambucca Business Advisory Committee Meeting Held on 14 May 2019 as adopted by Council
It was resolved on the motion of Michael Coulter/Janine Reed that the adopted minutes be noted.
3.2 Matters Arising from the Meeting Held on 14 May 2019
Michael Coulter provided an update on various projects which have been initiated by the Committee or which are of interest to the Committee. These were:
Lighting of the Macksville Bridge – Council declined to enter into a tender for the work and instead Council staff are managing the project. A sample of lights is being provided with the intention of engaging a local contractor to undertake the installation which is planned for November 2019.
CO26092019SR_25 Page 49 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.10 MINUTES OF THE NAMBUCCA BUSINESS ADVISORY COMMITTEE MEETING HELD ON 18 SEPTEMBER 2019
Parklet – timber has been donated by the Forestry Corporation for the completion of the parklet. It planned to have it completed before the end of the calendar year.
Bridge entry statement, signage and landscaping – the signage has been ordered and this work is scheduled to proceed prior to the end of the calendar year.
Dawkins Park Windmill – Michael Coulter provided the Committee with a briefing on this project. It is proposed that Council use a 60ft Comet windmill to pump water to a bio-filter in Dawkins Park as part of a number of initiatives to improve water quality in the lake. The Committee supported the proposal subject to the windmill being maintained so that it didn’t cause a noise nuisance.
3.3 Verandah and Awning Reinstatements
Alan Rudge provided the Committee with a briefing on the progress of 5 projects he has been working on.
He advised that the projects had encountered delays in resolving traffic control issues; in negotiations between owners and builders; and most significantly in getting approvals from Essential Energy.
Quotes have been received from Essential Energy for 3 of the 5 projects.
The double storey verandah reinstatements have been most problematic with Essential Energy as there has been a substantial change (increase) in standards for the separation of buildings from power lines. This has resulted in verandah proposals having to be resurveyed to accurately calculate the separation distance between power lines and the verandah extension.
The standards for power line separation means that the Department Store verandah cannot proceed unless alternative arrangements are made to underground power. The cost of this is being investigated but it may add another $75,000 in cost to the project and affect its viability.
Development applications are ready to be lodged for 8A Princess Street (Rob Torelli) and also for the Valley Emporium and Remnant Basket.
It was resolved on the motion of Michael Coulter/Martin Mountford that the information provided by Alan Rudge be received.
3.4 Taste by the River Sub-Committee
Chris Sedgwick addressed the Committee on the work of the Taste by the River Sub-Committee.
The Sub-Committee includes 4 café owners and they are developing a proposal for twilight dining in River Street between Wallace Lane and Princess Street.
They propose to conduct a trial first preparatory to having 3 twilight dining events during summer.
It is proposed that the events would start at 5.30pm on a Saturday afternoon and conclude about 9.30pm at night.
The events would involve a road closure from about 3pm.
The stalls from local food vendors would be placed on the street. There would be no alcohol.
Consideration has been given to avoiding the use of disposable plastic containers and cutlery in favour of cardboard and bamboo.
The aim is to attract visitors and tourists.
The Sub-Committee is reaching a date when they need to make a decision as to whether or not to proceed.
CO26092019SR_25 Page 50 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.10 MINUTES OF THE NAMBUCCA BUSINESS ADVISORY COMMITTEE MEETING HELD ON 18 SEPTEMBER 2019
The Sub-Committee is seeking support from Council in terms of project guidance; advertising; promotion; road closure and music costs.
It was resolved on the motion of Chris Sedgwick/Adele McCollom that the Business Advisory Committee recommend to Council that it provide in-principle support to the proposal for twilight dining events and that Council consider in-kind and financial support once further details are provided by the Sub-Committee.
The meeting closed at 7.00pm
CONSULTATION:
There has been consultation with the Nambucca Business Advisory Committee.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no new social implications.
Economic
There are no new economic implications.
Risk
The weather related risks pertaining to the twilight dining proposal were discussed.
The risks pertaining to landlord/builder agreement for the verandahs as well as the financial risks pertaining to requirements from Essential Energy were discussed.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no budgetary implications.
Working funds – justification for urgency and cumulative impact
At this stage there is no implications for working funds.
Service level changes and resourcing/staff implications
At this stage there are no significant resourcing/staff implications.
ATTACHMENTS: There are no attachments for this report.
CO26092019SR_25 Page 51 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.11 DA2017/016 260919 MODIFICATION OF DEVELOPMENT CONSENT DA2017/016 - TEMPORARY USE - INTERMITTENT PARKING OF BUSES AT LOT 12 DP 1057791, 9 EDGEWATER DRIVE, NAMBUCCA HEADS
AUTHOR/ENQUIRIES: Brad Lane, Senior Town Planner
Summary:
The application is to modify the condition that limited the operation of the consent and to adjust the number of days that the use may operate within any consecutive 7 day period. The applicant is seeking an extension of the time limiting condition for a further 2 years and also to allow the use of the site for up to 3 days (increased from 2 days) in any consecutive 7 day period.
The temporary use is considered to have been satisfactorily operated over the past 2 year period with minimal impact upon the amenity of the neighbourhood as evidenced by the submissions received in relation to the proposal (5 in favour and 2 against).
Considering that 6 months has passed since the end of the time limiting condition, conditional approval is considered appropriate for a further 3 years and the requested increase of a maximum of 3 days use in any consecutive 7 day period is also considered suitable as the total number of days will remain the same.
NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan. Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.
RECOMMENDATION:
That Council as the Consent Authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2017/016 for the Temporary Use – Intermittent Parking of Buses at Lot 12 DP 1057791, 9 Edgewater Drive Nambucca Heads as per the modified conditions provided as Attachment 1 of this Report.
OPTIONS: a) Approve the application to modify the development consent in accordance with the recommendation. b) Approve the modification application subject to amendments to the recommendation. c) Refuse the modification application.
DISCUSSION:
The application was granted on 13 March 2017. Condition 3 and Condition 4 of the originally approved consent are in the following terms:
“ The period during which the development may be carried out is limited
3. The period during which the development may be carried out is limited to 2 years from the date that the consent commencements. Upon the expiration of this period the owner of the land must return the subject land to the predevelopment state.
CO26092019PR_1 Page 52 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.11 MODIFICATION OF DEVELOPMENT CONSENT DA2017/016 - TEMPORARY USE - INTERMITTENT PARKING OF BUSES AT LOT 12 DP 1057791, 9 EDGEWATER DRIVE, NAMBUCCA HEADS
The period during which the development may be carried out is limited
4. This consent is for a Temporary Development and is limited to the parking of one (1) bus/ coach on the site for up to 52 days in any single year starting from the date that the consent commences. There are to be no more than two (2) parking events within any consecutive 7 day period. The bus/ coach to be parked is to enter the site no later than 9pm and exit the site no earlier than 6am. The operator is to ensure that noise and running time of the buses whilst on the site is kept to a minimum.”
The applicant implemented the consent and has provided information regarding the utilisation of the site for the 2 year period. In the first 12 months a bus was parked at the site for a total of 39 nights. The second year the site was used for 28 nights. It is important to note that the consent has not “lapsed” in its statutory meaning. It is open for the applicant to modify the subject development consent.
Two complaints were received during that period and on both occasions the applicant demonstrated that the conditions of consent were complied with.
The applicant proposes to modify Condition 3 and Condition 4 to allow a further 2 years of use and allowing up to 3 nights within any 7 day period, instead of the originally approved 2 nights. The additional night is not likely to create any significant issue as the overall number remains the same.
Since 6 months has passed from the commencement date and due to the satisfactory operation of the use to date, it is proposed to extend the time limit by 3 years, which in effect would provide 2.5 years before the next review. The modification could be given effect by inserting modified Conditions 3 and 4 as follows (changes shown underlined):
“ The period during which the development may be carried out is limited
3. The period during which the development may be carried out is limited to 5 years from the date that the consent commencements (13 March 2022). Upon the expiration of this period the owner of the land must return the subject land to the predevelopment state.
The period during which the development may be carried out is limited
4. This consent is for a Temporary Development and is limited to the parking of one (1) bus/ coach on the site for up to 52 days in any single year starting from the date that the consent commences. There are to be no more than three (3) parking events within any consecutive 7 day period. The bus/ coach to be parked is to enter the site no later than 9pm and exit the site no earlier than 6am. The operator is to ensure that noise and running time of the buses whilst on the site is kept to a minimum.”
A set of consolidated recommended modified conditions are provided as Attachment 1.
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT
The proposed modification application is assessed against the relevant subsections of section 4.55 of the Environmental Planning and Assessment Act 1979 as follows:
SECTION 4.55(1A)
Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if: Complies Comments (a) It is satisfied that the proposed Yes The proposed use involves parking of busses for short
CO26092019PR_1 Page 53 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.11 MODIFICATION OF DEVELOPMENT CONSENT DA2017/016 - TEMPORARY USE - INTERMITTENT PARKING OF BUSES AT LOT 12 DP 1057791, 9 EDGEWATER DRIVE, NAMBUCCA HEADS
modification is of minimal periods, (predominantly overnight) in association with environmental impact, the applicant bus relocation business. (b) It is satisfied that the Yes The modified proposal remains for intermittent parking development to which the of buses on the same site. The same hours of entry consent as modified relates is and departure apply. substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), (c) It has notified the application in Yes The application was notified. accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, (d)It has considered any Yes A total of seven (7) submissions were made with five (5) submissions made concerning in support of the proposal and two (2) objecting to the the proposed modification within proposal. A number of submissions, (including any period prescribed by the residents either side of the site) noted that they did not regulations or provided by the hear the buses arrive or depart and given that most are development control plan, as the overnight stays, most occasions the residents did not case may be. know that the buses were there. The objections raise issues including damage to the road surface and gutters/ verge, the unsuitable width of the street for buses, the danger of the reversing movement and inconsistency with the character of the residential area. On balance, given the infrequent nature of the use and the limits on hours for movement of the buses, that the impacts on the character of the area are minimal. No significant damage was noted to the road infrastructure.
SECTION 4.55 (3)
(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The matters referred to in section 4.15 (1) are as follows: Complies Comments a the provisions of: (i) any environmental planning Yes The modified proposal remains consistent with the instrument, and relevant provisions of the applicable EPIs including Clause 2.8 which relate to temporary uses. (ii) any proposed instrument that is or N/A N/A has been the subject of public consultation under this Act and that has been notified to the consent
CO26092019PR_1 Page 54 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.11 MODIFICATION OF DEVELOPMENT CONSENT DA2017/016 - TEMPORARY USE - INTERMITTENT PARKING OF BUSES AT LOT 12 DP 1057791, 9 EDGEWATER DRIVE, NAMBUCCA HEADS
authority (unless the Director- General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and Yes The modified proposal does not alter the compliance with the NDCP 2010. (iiia) any planning agreement that has N/A N/A been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and (iv) the regulations (to the extent that N/A N/A they prescribe matters for the purposes of this paragraph), and (v) any coastal zone management Yes The modified proposal remains consistent with plan (within the meaning of the Coastal Plan. Coastal Protection Act 1979), b the likely impacts of that Yes The impacts associated with the modified proposal development, including are considered to be minor. The applicant has environmental impacts on both the demonstrated over the last 2 year period that the use natural and built environments, and can be undertaken with minimal disturbance to the social and economic impacts in the neighbourhood. locality, c the suitability of the site for the Yes While the site is a vacant residential lot and is not development, suitable for a permanent depot use, it is considered to be suitable for the temporary and intermittent parking of buses, as proposed. A time limited consent is appropriate to enable control of the use and review of satisfactory operation after a further 3 years. d any submissions made in The submissions have been considered as accordance with this Act or the previously discussed in this report. regulations, e the public interest. Yes The application does not raise any adverse conflict with the public interest.
CONSULTATION:
Engineering – N/A
Health and Building – N/A
Government Departments
NSW Rural Fire Service – N/A
NSW Roads and Maritime Service – N/A
CO26092019PR_1 Page 55 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.11 MODIFICATION OF DEVELOPMENT CONSENT DA2017/016 - TEMPORARY USE - INTERMITTENT PARKING OF BUSES AT LOT 12 DP 1057791, 9 EDGEWATER DRIVE, NAMBUCCA HEADS
SUSTAINABILITY ASSESSMENT:
Environment
The modified proposal is unlikely to result in any adverse environmental impact.
Social
The modified proposal is unlikely to result in any adverse social impact. The increase number of days in any consecutive 7 day period provides flexibility to the operator but does not alter the overall total number of days that the use can occur. On this basis the proposed modification is unlikely to result in any net worsening of social impact.
Economic
Potential economic impact associated with the proposal is minimal.
Risk
Risks associated with the use are minimal. The operator exercises due care whilst navigating the residential street for the purpose of the infrequent and temporary use.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Nil
Working funds – justification for urgency and cumulative impact
Nil
Service level changes and resourcing/staff implications
Nil
ATTACHMENTS: 1 35786/2019 - Recommended Modified Conditions
CO26092019PR_1 Page 56 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.12 SF2537 260919 UNDETERMINED DEVELOPMENT APPLICATIONS EITHER GREATER THAN 12 MONTHS OR WHERE SUBMISSIONS RECEIVED TO 19 SEPTEMBER 2019
AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment
Summary: This report contains information in relation to Development Applications which have been undetermined for over 12 months and undetermined Development Applications which have received submissions.
In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.
RECOMMENDATION: That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions have been received to 5 September 2019 be noted by Council.
TABLE 1: UNDETERMINED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD
There are no Development Applications in excess of 12 months old.
TABLE 2: UNDETERMINED DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2001/088 - 13 August 2019 Shooting Range – Lot 32 DP 1160643, Scotts Head modification Modification Road, Way Way Five submissions have been received.
STATUS: Being assessed. Period for submissions has been extended by 14 days to 4/10/19. To be reported to Council for determination.
DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2019/129 5 July 2019 Erection of dog kennels and Lot 771 DP 618056, 275 Elliots use for breeding Road, Tamban Five submissions have been received.
STATUS: Being assessed – waiting on amended plans from applicant. To be reported to Council for determination.
DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2017/016 - 19 July 2019 Temporary Use - Intermittent Lot: 12 DP: 1057791, 9 modification parking of buses Edgewater Drive Nambucca Heads Seven submissions have been received.
STATUS: Being assessed – to be reported to Council at this meeting. ATTACHMENTS: There are no attachments for this report.
CO26092019SR_16 Page 57 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.13 SF2537 260919 2019 AUGUST - 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 August 2019 as at 19 September 2019.
RECOMMENDATION:
That the Construction and Complying Development Certificates approved for August 2019 be noted and received for information by Council.
ATTACHMENTS: 1 36879/2019 - Attachment to Report - CCs and CDs Approved - August 2019
CO26092019SR_11 Page 58 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.14 SF2537 260919 2019 AUGUST - DEVELOPMENT APPLICATIONS 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 August 2019 as at 3 September 2019.
RECOMMENDATION:
That the Development Applications and Complying Development Applications received in August 2019 be received for information.
ATTACHMENTS: 1 34475/2019 - Development Applications and Complying Developments Received - August 2019
CO26092019SR_10 Page 59 of 85 Ordinary Council Meeting 26 September 2019
GENERAL MANAGER'S REPORT
ITEM 9.15 SF1148 260919 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
AUTHOR/ENQUIRIES: Rochelle McMurray, Business Services Officer; Teresa Boorer, Grants and Contributions Officer
SUMMARY: The following is the Council’s Ranger’s reports and listing of penalty notices issued for the four (4) months of May, June, July and August 2019 by Council officers.
RECOMMENDATION:
1 The Ranger’s Impounding Statistics for May, June, July and August 2019 be received and noted by Council. 2 The penalties issued for the four (4) months of May, June, July and August 2019 be noted.
MAY 2019 Cats Dogs COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 1 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 1 ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY Animals In Council's Facility - (Start of Month) 3 8 Abandoned or Stray 8 14 Surrendered 2 5 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 13 28 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 4 Sold 2 1 Released to Organisations for Rehoming 0 9 Died at Council's Facility(other than euthanased) 0 0 Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 0 Dangerous Dogs 0 0 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 0 Total Outgoing Animals 2 14 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 11 14
Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0 Total Seized 0 0 JUNE 2019 Cats Dogs
CO26092019SR_7 Page 60 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 1 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 1 ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY Animals In Council's Facility - (Start of Month) 11 14 Abandoned or Stray 9 10 Surrendered 2 3 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 22 14 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 7 Sold 2 1 Released to Organisations for Rehoming 9 2 Died at Council's Facility(other than euthanased) 0 0 Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 Dangerous Dogs 1 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 1 Total Outgoing Animals 11 11 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 11 3
Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0 Total Seized 0 0 JULY 2019 Cats Dogs COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 0 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 0 ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY Animals In Council's Facility - (Start of Month) 11 3 Abandoned or Stray 6 9 Surrendered 0 5 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 17 17 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 4 Sold 2 0 Released to Organisations for Rehoming 1 6 Died at Council's Facility(other than euthanased) 0 0
CO26092019SR_7 Page 61 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 Dangerous Dogs 0 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 0 Total Outgoing Animals 3 10 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 14 7 Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0 Total Seized 0 0 AUGUST 2019 Cats Dogs COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 0 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY Animals In Council's Facility - (Start of Month) 14 7 Abandoned or Stray 5 7 Surrendered 0 5 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 19 19 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 4 Sold 0 1 Released to Organisations for Rehoming 14 7 Died at Council's Facility(other than euthanased) 0 0 Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 Dangerous Dogs 0 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 0 Total Outgoing Animals 14 12 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 5 7 Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0
CO26092019SR_7 Page 62 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
Total Seized 0 0 May 2019 PARKING OFFENCE PN NUMBER OFFENCE DATE ISSUED PENALTY $ CODE. 82890 3168974683 Stop in Loading Zone 8/05/2019 187.00 82890 3168979092 Stop in Loading Zone 8/05/2019 187.00 82890 3168979101 Stop in Loading Zone 8/05/2019 187.00 82890 3168979110 Stop in Loading Zone 8/05/2019 187.00 83595 3168979083 Disobey no stopping sign 8/05/2019 263.00 93882 3168974582 *Use more parking bays than 4/05/2019 80.00 necessary 93875 3168974647 *Not park at 45 degree angle 4/05/2019 80.00 93877 3168974600 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93877 3168974610 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93877 3168974629 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93877 3168974638 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93877 3168974656 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93877 3168974665 *Not position front/rear of 4/05/2019 80.00 vehicle correctly - 90 degree angle parking 93880 3168979074 *Not park wholly within 8/05/2019 80.00 parking bay TOTAL: 1731.00 * Newly created Opt-In Local government smaller parking fines May 2019 COMPANION ANIMALS ISSUED BY: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168974692 Code: 81494 – Compulsory 09/05/2019 180.00 identification and registration of companion animals Ranger 3081195462 * Code: 81562 – Owner of dog 14/05/2019 1320.00 which rushes at/attacks/bites/ harasses/chases any person/ animal TOTAL: 1500.00 * Two dogs were roaming in Scott’s Head: Not under effective control and attacked a smaller dog. Menacing dog declarations were also issued.
May 2019 OTHER Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger / 3168974674 Code: 8646 - Fail to comply with 8/05/2019 110.00 Compliance terms of notice erected by
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ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
Officer council (driving/parking/use of vehicle) Ranger / 3168974591 Code: 9325 - Fail to comply with 4/05/2019 110.00 Compliance terms of notice erected by Officer council Manager 3168974701 *Code: 91910 - Development 8/05/2019 3000.00 Development without development consent - & any other case - Individual Environment TOTAL: 3220.00 * Despite being warned on multiple occasions, the operator of a group home within the shire commenced works on the establishment of another group home without development consent. PENALTIES ISSUED BY COUNCIL’S RANGER AND COUNCIL OFFICERS – JUNE 2019 (All now issued electronically) June 2019 PARKING OFFENCE PN NUMBER OFFENCE DATE PENALTY $ CODE. ISSUED 92353 3168974710 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 92353 3168974720 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 92353 3168974739 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 92353 3168974748 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 92353 3168974757 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 92353 3168974766 Park vehicle for longer than 1/06/2019 80.00 maximum period allowed 82890 3168979120 Stop in Loading Zone 13/06/2019 187.00 TOTAL: 667.00 June 2019 COMPANION ANIMALS Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168974775 *Code: 81589 - Dog to be declared dangerous or 7/06/2019 1320.00 menacing not under effective control TOTAL: 1320.00
* Declared animal not complying with control requirements
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ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
June 2019 OTHER Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168979148 Code: 8646 - Fail to comply with 13/06/2019 110.00 terms of notice erected by council (driving/parking/use of vehicle) Ranger 3168979157 Code: 8646 - Fail to comply with 19/06/2019 110.00 terms of notice erected by council (driving/parking/use of vehicle) Manager 3168974784 Code: 13830 – Fail to comply 20/06/2019 330.00 DEP with order number 21 (safety/health of land / premises) TOTAL: 550.00 PENALTIES ISSUED BY COUNCIL’S RANGER AND COUNCIL OFFICERS – JULY 2019 (All now issued electronically) July 2019 PARKING OFFENCE PN NUMBER OFFENCE DATE PENALTY $ CODE. ISSUED 82890 3168979202 Stop in Loading Zone 18/07/2019 191.00 83518 3168979166 Stop in Loading Zone 17/07/2019 191.00 93874 3168979175 *Not angle park as on parking 17/07/2019 82.00 control sign or road marking 93874 3168979184 *Not angle park as on parking 17/07/2019 82.00 control sign or road marking 93874 3168979211 *Not angle park as on parking 19/07/2019 82.00 control sign or road marking TOTAL: 628.00 * Newly created Opt-In Local government smaller parking fines July 2019 COMPANION ANIMALS Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168974564 Code: 81594 – Fail to comply with menacing dog control 4/07/2019 1760.00 requirements Ranger 3081195462 *Code: 81562 – Owner of dog which rushes at/attacks/bites/ 8/07/2019 1320.00 harasses/chases any person/ animal TOTAL: 3080.00 * Declared animal not complying with control requirements July 2019 OTHER Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger / 3168985005 Code: 9325 - Fail to comply 3/07/2019 110.00 Compliance with terms of notice erected by Officer council TOTAL: 110.00 PENALTIES ISSUED BY COUNCIL’S RANGER AND COUNCIL OFFICERS – AUGUST 2019 (All now issued electronically) August 2019 PARKING OFFENCE PN NUMBER OFFENCE DATE PENALTY $
CO26092019SR_7 Page 65 of 85 Ordinary Council Meeting 26 September 2019
ITEM 9.15 COUNCIL RANGER'S REPORTS & PENALTIES ISSUED - MAY, JUNE, JULY, AUGUST 2019
CODE. ISSUED 82890 3168985032 Stop in Loading Zone 3/08/2019 191.00 83518 3168979166 Stop in taxi zone 5/08/2019 191.00 82890 3168979258 Stop in Loading Zone 7/08/2019 191.00 82890 3168974683 Stop in Loading Zone 13/08/2019 187.00 82740 3168985115 Stop in Loading Zone 14/08/2019 114.00 82890 3168979276 Stop in Loading Zone 23/08/2019 191.00 Stop within 10 metres of an 28/08/2019 344.00 83423 3168985216 intersection (no traffic lights) TOTAL: 1409.00 August 2019 COMPANION ANIMALS Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168985023 Code: 81548 – Owner of dog 8/08/2019 330.00 not under control in public place Ranger 3168979294 Code: 81562 – Owner of dog 28/08/2019 1320.00 which rushes at/attacks/bites/ harasses/chases any person/ animal TOTAL: 1650.00 August 2019 OTHER Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Manager 3168979285 *Code: 31905 Development 23/08/2019 3000.00 Development without development consent - & class 1a or 10 building – Environment Corporation
TOTAL: 3000.00 * Despite previous warnings and fines being issued, the developer constructed another substantial l retaining wall without development consent. ATTACHMENTS: There are no attachments for this report.
CO26092019SR_7 Page 66 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.1 SF1415 260919 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE
AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services
SUMMARY:
The Minutes of the first Joint Audit, Risk and Improvement Committee (ARIC) are attached for Council’s endorsement.
RECOMMENDATION:
That:
a) Council receive and note the Minutes of the Audit, Risk and Improvement Committee Meeting held 27 August 2019.
b) Council note results of the first two internal audit reviews contained within the Audit Plan.
OPTIONS:
For noting only.
DISCUSSION:
The committee meeting was the first with two new independent members, Barry Ford and Ben Lawson along with Bellingen Shire Council representatives.
The Committee endorsed the draft financial statements and various position papers. The first two reviews in the adopted Internal Audit Plan, stores/workshop and procurement were presented to the Committee with a number of recommendations made to management to complete over the next 12 months. These are also attached for Council’s information.
CONSULTATION:
Committee members Bellingen Shire General Manager Forsyths - Internal Auditors TNR – External Auditors
SUSTAINABILITY ASSESSMENT:
Environment
Not applicable
Social
Not applicable
Economic
Not applicable
CO26092019SR_6 Page 67 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.1 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE
Risk
Implementation of the internal audit recommendations will substantially reduce Council’s risk.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The 50% cost of ARIC independent members has been budgeted for.
Working funds – justification for urgency and cumulative impact
No impact.
Service level changes and resourcing/staff implications
No Change from current levels.
ATTACHMENTS: 1 33446/2019 - Minutes of ARIC Meeting held 27 August 2019 2 33024/2019 - Review Tendering and Procurement Compliance 3 33052/2019 - Review Stores and Workshop Management
CO26092019SR_6 Page 68 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.2 SF1031 260919 DRAFT BUY LOCAL PROCUREMENT POLICY NO CS 27
AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services
SUMMARY:
Council, at its Ordinary Meeting held 25 July 2019, when considering amendments to the Local Government Act regarding an increase in the tendering threshold, resolved in part; “There be a further report to Council on opportunities to improve the likelihood of local residents and contractors tendering for the provision of goods and services to Council”
There are a number of ways to encourage locals to tender for Council services and these are discussed below. One way is through a “buy local policy” which offers a discount to the prices submitted by local suppliers. Such a policy is attached for Council’s consideration. It offers a discount of 5% up to a maximum dollar discount of $15,000 when comparing quotes or tenders with other suppliers not located within the Nambucca Shire.
RECOMMENDATION:
THAT:
a) Council adopt the attached Buy Local Procurement Policy No CS 27 (35082/2019) and raise awareness of the policy throughout the shire business community.
b) The report be received and a Business Forum be organised by the Manager Business Development outlining the information available from other government agencies as well as Council.
OPTIONS: Council can amend, reject or adopt the Policy. Council has the option of offering a larger or smaller discount percentage or amount if it wishes.
DISCUSSION:
The lack of tenders received following Council’s Cleaning of Buildings Tender being placed on Tenderlink has led to investigating other ways of getting locals to submit tenders for services that do not take a great deal of business acumen.
Some of the ways to create greater awareness for people who are seeking work but probably wouldn’t know about Tenderlink or that we are seeking tenders include the following;
Advertise tenders on Council’s Facebook as well as Tenderlink, Council’s website, local papers and the Sydney Morning Herald where the good or service could be provided by locals. Council staff provide an advice and helpdesk on how to submit tenders and include the availability of this in the advertising. Staff to provide feedback to unsuccessful local tenderers on why and how to improve their submission in future so that they do not get too disappointed and just not bother submitting tenders in the future Place posters/advertisement at Centrelink offices Have a Councillor or staff member speak at Chamber of Commerce Meetings to encourage locals to seek out business opportunities such as the $73 million Macksville Hospital project. Hold a community forum annually to advise local businesses of upcoming projects where Council will be seeking external provision of goods and services. Have posters, social media messages, etc ready to roll out at the same time as the forum and include a presentation from a local business which has been successful in gaining tenders from Council in the past such as Fortade.
CO26092019SR_23 Page 69 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.2 DRAFT BUY LOCAL PROCUREMENT POLICY NO CS 27
Seek out State and Federal Industry Assistance staff to attend a Business Forum to outline their assistance programs such as the following: Starting a small business website - https://www.nsw.gov.au/services/services-by-need/small-business/start-a-small-business/
State Gov’t e-tendering website - https://tenders.nsw.gov.au/
State Gov’t Investment Concierge team - https://invest.nsw.gov.au/contact-us/australian-contacts
Federal Business Assistance - https://www.business.gov.au/Assistance/Results?postcode=2447&industry=1bd6b010e84b4e5c84 7676121e7c83c6&businessObjectives=dad73a4efce94886b1ad0a187ce2c309&audiences=af942 15a54fa4c4881d41c4f9a829133&sortOrder=c8827683d23d4a4587d45f0159cd2922
Introduce a local preference purchasing policy to level out the playing field, to some extent, for local businesses when competing against larger external businesses.
CONSULTATION: MANEX A Other Councils’ Policies
SUSTAINABILITY ASSESSMENT:
Environment Not applicable
Social Unemployed locals could get together to submit tenders for things such as cleaning and if successful would provide positive social and economic benefits.
Economic Increased work for local businesses would provide enhanced economic benefits locally.
Risk There is a financial risk of paying more for local providers of goods and services.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets Depending on the amount of discounting there will be impacts on future budgets.
Working funds – justification for urgency and cumulative impact Potential impact if current budgets insufficient to provide for local discount.
Service level changes and resourcing/staff implications There will be an additional workload on staff providing a helpdesk service and attending forums however this is expected to be minimal.
ATTACHMENTS: 1 35082/2019 - Draft Buy Local Procurement Policy
CO26092019SR_23 Page 70 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.3 SF2531 260919 2018/19 PRE AUDIT ACTUAL VS BUDGET RESULT
AUTHOR/ENQUIRIES: Matthew Sykes, Chief Financial Officer
SUMMARY:
The 2018/19 Pre Audit Actual vs. Budget Review has returned a result substantially different to that predicted at the third quarter. As in past years a considerable final quarter turnaround has resulted.
Working funds has increased to that at the 1 July 2018. However, it should be noted that the targeted working funds balance has also increased due to the amount of land stock and debtors that Council is holding. It is once again important to mention that the major swing in fortune for General Fund for the last quarter may have strengthened Council’s working funds position at the 30 June, but it comes after Council has set its following year’s budget. A timely awareness of forthcoming savings is prudent budget management, particularly as Council has little control over income generation opportunities, thus allowing options for the utilisation of the savings.
Attached are:
A summary of Working Funds at 30 June 2019 and the required minimum level for 2019/20.
A list of 2018/19 proposed carry forwards identifying funding sources.
The projected financial reserve balances as at 30 June 2020 including the proposed 2018/19 carry forwards.
A Budget Review document for 2018/19 listing explanations for items where the pre audit actual to budget variance is 10% or greater and $10,000 or greater.
The actual figures are subject to audit, which is currently in progress. Once complete, Council’s audited Annual Financial Statements will be reported to Council along with the audit report.
RECOMMENDATION:
That Council:
1 Note and receive the 2018/19 Pre Audit Actual vs. Budget Result report.
2 Council adopt the 2018/19 Expenditure Carry Forwards of $5,099,400 with a General Fund impact of $911,700.
OPTIONS:
The June Budget Review is not mandatory since the commencement of the IP&R regime in accordance with paragraph 203 of the General Regulation. Continued reporting year-end of budget vs. pre audit actuals is considered important along with advising of Council’s working capital result and approval of revotes.
DISCUSSION:
Carry Forwards
Total proposed expenditure Carry Forwards for 2018/19 are $5,099,400 ($4,424,000 in 2017/18), of which $2,065,100 are Financial Reserves funded, $1,972,600 are Grant Funded, $150,000 are Contributions Income Funded, and $911,700 ($1,629,000 in 17/18) is unfunded or impacting Council’s Working Funds.
CO26092019SR_2 Page 71 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.3 2018/19 PRE AUDIT ACTUAL VS BUDGET RESULT
Working Funds
Council’s ‘working funds’ represents Council’s short term uncommitted cash and receivables and other current assets balance. The greater the level of Working Funds the more ability Council has to manage day-to-day and short-term contingencies i.e. it is the minimum funds to meet budget “shocks”. During a budget year, Working Funds will fluctuate depending on blowouts or savings in expenditure, unplanned inclusions to the budget, and new, greater or less than estimated sources of income.
The results shown below and in the attachment are preliminary, are subject to any further end of year annual financial statement procedures, and audit. Any notable variations to the estimated position because of the completion of the Annual Financial Statements will be reported as part of the presentation of the audited Annual Financial Statements.
The Available Balance of Working Funds Estimated at 30 June 2019 is $2.006M after allowing for 2018/19 proposed Carry Forwards with a General Fund Impact of $0.912M. The Available Balance of Working Funds recommended minimum level for 2019/20 is $1.788M, which means that the Estimated Available Balance of Working Funds 30 June 2019 provides a buffer to the recommended minimum level of $0.218M.
General Activities Budget Review Result
The 2018/19 General Activities Budget was adopted with a $61,200 forecast deficit. The revised budget at 30 June 2019 was a loss of $5.289M exclusive of Depreciation/ELE Provision/Principal Repayments on Internal Loans/Loss or Profit on Disposal/Revaluation of Assets, the actual result pre audit including carry forwards is a loss of $4.368M exclusive of depreciation/ELE Provision/Principal Repayments on Internal Loans, being a favourable variance of $0.921M.
Areas attributable to the favourable variance include:
Parks Reserves & Horticulture Operating Expenses (excluding Depreciation) $0.279M less than budget (largely attributable to Grounds Maintenance costs being lower than anticipated). Corporate Services Management Operating Expenses (excluding Depreciation) $0.192M less than budget (largely attributable to Office Administration, Legals & Debt Recovery Costs and Excess Payable on Insurance Claims being lower than anticipated). Sealed Rural Roads Maintenance $0.181M less than budget (largely attributable to continuing dry weather, which has seen less than expected maintenance requirements). Flood Damaged Roads Maintenance $0.279M less than budget (largely attributable to December 2018 Emergency Works being lower than anticipated).
Recapping the first three quarterly budget review reports:
The September review predicted a $211,600 decline in the 18/19 result. However, this reported result was exclusive of a reduction in depreciation expense of $211,300, so the projected decline inclusive of depreciation is $300. The major variances associated with the result were attributable to Council’s co-contribution to grant funded capital works such as Stage 1 of the Phillip Hughes Oval, Bowraville Connections upgrade works and Coronation Park Lights remaining works. A further $1.629M decline in the result due was also incurred due to the net impact of 2017/18 carry forwards.
The December review saw a further $78,170 decline in the result. Major variances included increased Section 7.11 contributions ($80,000), reduction in depreciation ($39,600), Gumma Road betterment works ($68,000) and additional software fees ($19,200).
The March review saw a further $3,600,900 decline in the result. Major variances include: Land Development Sales reduced ($1,100,000), Reversal of negative balance in Land Development Reserve at 30 June 2018 ($1,019,200),
CO26092019SR_2 Page 72 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.3 2018/19 PRE AUDIT ACTUAL VS BUDGET RESULT
Macksville Street Revitalisation revote ($293,800) and original budget ($100,000) not funded from Developer Contributions Reserve as insufficient funds in the reserve (totalling $393,800), Removal and payout of internal loan for Valla Urban Growth Area from Working Funds ($333,400), Reduction in Best Practice Dividends from Water and Sewer Funds ($248,000), Macksville Park-Refurbishment of Club House ($178,400), Dawkins Park Drainage revote not funded from Developer Contributions Reserve as insufficient funds in the reserve ($140,000), Reduction in Parking and Other Rangers Revenue ($70,000), Donation of D/A fees for Revitalisation and Improvement Grant for Shop Owners Macksville ($50,000), Additional Street Cleaning costs ($45,000), and additional Public Amenities Maintenance costs ($35,000).
In a similar scenario to last year, the predicted decline in the result at March meant that operational and capital costs needed to at least meet budgets at the 30 June.
Reiterating commentary from previous 30th June reports, the trend of substantial turnarounds at the 30th June is an issue, as the knowledge of variations becomes known at an inconvenient time whereas earlier detection would have assisted 19/20 budget deliberations. Review of budget management procedures needs consideration and the implementation of Civica’s Authority Business Intelligence System (BIS) is expected to assist along those lines.
Water Supplies
Budget Review Result
Council adopted a $38,700 deficit net change in working capital in the original budget. The revised budget at 30 June 2019 was a loss of $0.283M exclusive of Depreciation/ELE Provision/Principal Repayments on Internal Loans/Loss or Profit on Disposal/Revaluation of Assets. The actual result pre audit is a surplus of $0.082M exclusive of Depreciation/ELE Provision/Principal Repayments on Internal Loans/Loss or Profit on Disposal/Revaluation of Assets, being a favourable variance of $0.365M.
Areas attributable to the favourable variance include:
Water Infrastructure Operations Operating Expenses (excluding Depreciation & Overheads) $0.446M less than budget (largely attributable to reduced maintenance costs for Reservoirs/Pump Stations/Filtration). Water revenue - User Fees & Charges $0.191M less than budget due to reduced consumption. Water Interest & Investment Income $0.170M greater than budget due to an increased rate of return on the investment portfolio and increased amount of Water Fund cash & investments held. Section 64 Developer Contributions Income $0.298M greater than budget. Transfers to Water Fund reserves being greater than budgeted.
Recapping the first three quarterly budget review reports:
The September review predicted a $66,000 decline in the 18/19 result. This variance was attributable to a revision of water consumption figures that required a reduction in estimated revenue. The net impact of items carried forward from 2017/18 amounted to $15,800.
The December review predicted showed that apart from depreciation increase of $28,700, the variances were offset, including reserve transfers. However, this reported result did not allow for a variation on capital works of $16,000 and a transfer to Section 64 Developer Contributions of $85,000 so the projected decline inclusive of depreciation is $159,300.
CO26092019SR_2 Page 73 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.3 2018/19 PRE AUDIT ACTUAL VS BUDGET RESULT
The March review predicted a $2,000 decline in the 18/19 result. Significant variances to estimates for the quarter ended 31 March 2019 in Council’s Water Fund that included reduced expenditure for Lanes Bridge Water Main Replacement ($90,000) and increased Section 64 Developer Contributions ($35,000).
Sewerage Services
Budget Review Result
Council adopted a $20,700 deficit net change in working capital in the original budget. The revised budget at 30 June 2019 was a loss of $0.071M exclusive of exclusive of Depreciation/ELE Provision/Principal Repayments on Internal Loans/Loss or Profit on Disposal/Revaluation of Assets. The actual result pre audit is a loss of $0.075M exclusive of exclusive of Depreciation/ELE Provision/Principal Repayments on Internal Loans/Loss or Profit on Disposal/Revaluation of Assets, being an unfavourable variance of $0.004M.
Areas attributable to the favourable variance include:
Sewer Services Operations Operating Expenses (excluding Depreciation & Overheads) $0.283M less than budget (largely attributable to reduced maintenance costs for Mains/Pump Stations/Filtration). Sewerage Revenue - User Fees & Charges $0.088M less than budget due to reduced water consumption as sewer charges are based on this consumption. Sewer Interest & Investment Income $0.079M greater than budget due to an increased rate of return on the investment portfolio. Section 64 Developer Contributions Income $0.275M greater than budget. Transfers from Sewer Fund reserves being greater than budgeted.
Recapping the first three quarterly budget review reports;
The September review predicted an $116,900 improvement in the 18/19 result. There were two revenue variances that contributed to the improved forecast result with $93,000 for contributions towards South Nambucca Extension not shown in the original budget and growth in property numbers seeing an increase in annual charges revenue of $25,000. The net impact of items carried forward from 2017/18 amounted to $146,300.
The December review predicted a $76,900 decline in the 18/19 result. Variances in Councils Sewer Fund relate to increased Section 64 contributions, which were transferred to reserve, and depreciation.
The March review predicted a $16,800 decline in the 18/19 result. The variance to estimates for the quarter ended 31 March 2019 in Council’s Sewer Fund was chiefly attributable to an EPA fine for sewer surcharge into the creek near Riverside Drive and Giinagay Way.
CONSULTATION:
AGMCS Manager of Assets Accountant Budget item responsible officers
SUSTAINABILITY ASSESSMENT:
Not applicable.
FINANCIAL IMPLICATIONS:
Refer to discussion.
CO26092019SR_2 Page 74 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.3 2018/19 PRE AUDIT ACTUAL VS BUDGET RESULT
ATTACHMENTS: 1 36714/2019 - Working Funds as at 30 June 2019 and required minimum level of working funds in 2019/20 2 36715/2019 - 2018/19 Proposed Carry Forwards
3 36716/2019 - Projected Financial Reserves Balances at 30 June 2020
4 36813/2019 - 2018/19 Pre Audit Actual vs. Budget
CO26092019SR_2 Page 75 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.4 SF2806 260919 INVESTMENT REPORT TO 31 AUGUST 2019
AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant
SUMMARY:
The anticipated return on investments from 1 July 2019 to 30 June 2020 is $896,570.
The original budget allocation for the financial year “2019/20” is $930,000.
Council currently has $35.949 Million invested:
$ 4.430 Million with On Call Accounts $ 26.086 Million on Term Deposits $ 5.433 Million with Floating Rate Notes
This report details all the investments placed during July and Council funds invested as at 31 August 2019.
The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council’s – Investment Policy and Strategy.
Matthew Sykes Responsible Accounting Officer
RECOMMENDATION:
That the Accountant’s Report on Investments placed to 31 August 2019 be noted.
OPTIONS:
This report is for information only.
DISCUSSION:
This report details all the investments placed during August 2019 and Council funds invested as at 31 August 2019. During August, Council invested $1 Million with Bank of Queensland for (3) years at 1.85% with interest each year of $18,500.
On 28 August Council was advised that AMP had been downgraded from the rating of A- to BBB+. Our investment advisors have advised that “AMP itself continues to have a strong balance sheet with their level of capital remaining above the minimum regulatory requirement set by APRA.”
For further information and graphs the Monthly Investment Report by Imperium Markets for 1 August 2019 to 31 August 2019 is attached.
Detailed below are the following reports and graphs:
1 Investments Held 2 Performance 3 On/Call and Floating Rate T/D & Notes (Monthly Index) 4 Term Deposits (Monthly Index) 5 Monthly Investments Revenue Earned
CO26092019SR_14 Page 76 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.4 INVESTMENT REPORT TO 31 AUGUST 2019
1 Investments Held
Investments held
S & P Ratings Date Period Maturity Interest for Interest Due Institution Amount Interest Invested (Days) Date month at maturity BCCU - (rollover) Unrated $743,303.81 25/05/19 1097 26/05/22 1,741.16 2.85% $ 63,668.55 BCCU - Unrated $1,000,000.00 18/07/19 1096 18/07/22 1,890.41 2.30% $ 69,063.01 IMB BBB $1,100,000.00 04/08/16 1461 04/08/20 2,305.48 2.55% $ 112,276.85 Bank of Qld BBB+ $500,000.00 25/11/16 1461 25/11/20 1,438.36 3.50% $ 70,047.95 Bank of Qld BBB+ $1,500,000.00 20/06/19 1096 20/06/22 2,650.68 2.15% $ 96,838.36 Bank of Qld BBB+ $1,000,000.00 16/07/19 1108 28/07/22 1,684.93 2.05% $ 62,230.14 Bank of Qld BBB+ $1,000,000.00 27/08/19 1093 24/08/22 1,520.55 1.85% $ 55,398.63 AMP BBB+ $1,000,000.00 21/09/18 734 24/09/20 2,342.47 2.85% $ 57,312.33 AMP BBB+ $1,100,000.00 27/06/18 728 24/06/20 2,667.12 2.95% $ 64,722.19 AMP BBB+ $1,000,000.00 12/07/18 728 09/07/20 2,424.66 2.95% $ 58,838.36 AMP BBB+ $500,000.00 14/03/19 273 12/12/19 1,150.68 2.80% $ 10,471.23 AMP BBB+ $1,000,000.00 14/03/19 728 11/03/21 2,260.27 2.75% $ 54,849.32 AMP-31-Day Notice account BBB+ $1,719,456.44 31/07/19 31 31/08/19 3,179.82 2.25% $ 3,285.81 Bankwest (On Call) AA- $1,000,575.34 31/07/19 31 31/08/19 1,233.59 1.50% $ 1,274.71 Bendigo & Adelaide BBB+ $877,320.90 09/08/18 406 19/09/19 2,091.15 2.90% $ 28,300.21 NAB AA- $1,052,203.22 08/11/18 1092 04/11/21 2,637.71 3.05% $ 96,012.82 NAB AA- $512,462.88 14/12/17 727 11/12/19 1,137.25 2.70% $ 27,559.27 NAB AA- $1,200,000.00 11/07/19 287 23/04/20 1,923.29 1.95% $ 18,399.45 Auswide Bank BBB $1,000,000.00 04/07/19 735 08/07/21 1,684.93 2.05% $ 41,280.82 Newcastle Permanent Bldg Society BBB $1,500,000.00 08/03/16 1458 05/03/20 4,438.36 3.60% $ 215,704.11 Newcastle Permanent Bldg Society BBB $500,000.00 14/02/19 1096 14/02/22 1,253.42 3.05% $ 45,791.78 Police Credit Union Ltd Unrated $500,000.00 19/12/18 365 19/12/19 1,232.88 3.00% $ 15,000.00 Westpac Institutional Bank AA- $500,000.00 31/01/18 1100 04/02/21 1,273.97 3.10% $ 46,712.33 Westpac Institutional Bank AA- $500,000.00 08/02/18 1855 09/03/23 1,216.44 2.96% $ 75,216.44 ING Bank (Aust) Ltd A $1,000,000.00 06/02/18 730 06/02/20 2,424.66 2.95% $ 59,000.00 ING Bank (Aust) Ltd A $1,000,000.00 13/10/17 740 23/10/19 2,408.22 2.93% $ 59,402.74 ING Bank (Aust) Ltd A $1,000,000.00 19/12/17 728 17/12/19 2,358.90 2.87% $ 57,242.74 ING Bank (Aust) Ltd A $1,000,000.00 08/02/18 735 13/02/20 2,383.56 2.90% $ 58,397.26 WAW Credit Union Unrated $500,000.00 20/06/19 732 21/06/21 986.30 2.40% $ 24,065.75 Heritage Bank - FRN BBB+ $502,322.55 29/03/18 1096 29/03/21 1,007.40 2.44% $ 36,803.59 Westpac Institutional Bank - FRN AA- $508,956.84 06/02/17 1827 07/02/22 1,112.73 2.66% $ 67,765.44 Bank of Qld - Issuer - FRN BBB $505,713.73 26/10/16 1461 26/10/20 1,134.74 2.73% $ 55,261.76 AMP Bank Limited - Issuer - FRN A- $1,001,146.44 01/04/19 893 10/09/21 2,016.01 2.45% $ 60,009.81 Teachers Mutual Bank - FRN BBB $500,000.00 28/10/16 1095 28/10/19 1,216.44 2.96% $ 44,400.00 Newcastle Permanent Building Society -FRN BBB $760,236.48 06/02/18 1826 06/02/23 1,843.31 2.95% $ 112,196.32 National Australia Bank -FRN AA- $1,004,682.04 19/06/19 1827 19/06/24 1,800.17 2.18% $ 109,630.35 Members Equity Bank -FRN BBB $650,000.00 18/07/19 1096 18/07/22 1,127.26 2.11% $ 41,182.58 ANZ (On Call) AA- $1,709,931.13 31/07/19 31 31/08/19 1,603.02 1.15% $ 1,670.11 NSW Treasury Corp Unrated $2,000,607.61 31/07/19 31 31/08/19 -5,066.52 $ - TOTAL $ 35,948,919.41 $ 65,735.78 $2,177,283.12
2 Performance
CO26092019SR_14 Page 77 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.4 INVESTMENT REPORT TO 31 AUGUST 2019
3 Managed Funds, On/Call and Floating Rate T/D & Notes (Monthly Index)
4 Term Deposits – (Yearly Index) Term Deposits - (Yearly Index) AusBond Bank Bill Index - August 2019 - 1.80%
4.00%
3.50%
3.00%
2.50%
2.00%
1.50%
1.00%
Interest Rates Interest 0.50%
0.00%
Institutions
CO26092019SR_14 Page 78 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.4 INVESTMENT REPORT TO 31 AUGUST 2019
5 Monthly Investments Revenue Earned
CONSULTATION:
Imperium Markets
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental implications.
Social
There are no social implications.
Economic
Council may not meet its budget returns for 2019/2020 due to the Reserve Bank cutting interest rates.
Risk
That Council may not meet its budget returns for 2019/2020 based on interest rate reductions.
CO26092019SR_14 Page 79 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.4 INVESTMENT REPORT TO 31 AUGUST 2019
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
A review of budgeted interest returns for 2019/2020 will be completed with the September 2019 Budget Review and Imperium Markets has provided Council with the updated interest rates.
Source of fund and any variance to working funds
Interest on investments will be assessed with the September 2019 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
There are no changes or implications stemming from this report.
ATTACHMENTS: 1 35169/2019 - Imperium Markets - Investment Report - 1 August 2019 to 31 August 2019
CO26092019SR_14 Page 80 of 85 Ordinary Council Meeting 26 September 2019
CORPORATE SERVICES
ITEM 10.5 SF251 260919 SCHEDULE OF COUNCIL PUBLIC MEETINGS 2019
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
SUMMARY:
The following is a schedule of dates for public Council meetings to be held September to December 2019. The meeting dates may change from to time and this will be recorded in the next available report to Council.
RECOMMENDATION:
That the schedule of dates for September to December 2019 be noted.
MEETING DATE VENUE COMMENCING Council Meeting 26 Sep Warrell Creek Hall 5.30 PM Nambucca Shire Traffic Committee 1 Oct Committee Room 10.30 AM Nambucca Library Project Control Group 2 Oct Committee Room 11.30 AM Clean Energy Committee 2 Oct Committee Room 2.00 PM Council Meeting 17 Oct Council Chambers 5.30 PM Access Committee 22 Oct Council Chambers 2.00 PM Council Meeting 31 Oct Bowraville Theatre 5.30 PM Nambucca Library Project Control Group 6 Nov Committee Room 11.30 AM Council Meeting 14 Nov Council Chambers 5.30 PM Access Committee 26 Nov Council Chambers 2.00 PM Council Meeting 28 Nov Scotts Head Surf Club 5.30 PM Nambucca Shire Traffic Committee 3 Dec Committee Room 10.30 AM Nambucca Library Project Control Group 4 Dec Committee Room 11.30 AM Council Meeting 12 Dec Council Chambers 5.30 PM ATTACHMENTS: There are no attachments for this report.
CO26092019SR_22 Page 81 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.6 SF337 260919 TAYLORS ARM RESERVE COMMITTEE OF MANAGEMENT - ANNUAL GENERAL MEETING - 13 AUGUST 2019
AUTHOR/ENQUIRIES: Rochelle McMurray, Business Services Officer
SUMMARY:
The report acknowledges the minutes of the Annual General Meeting (AGM) of the Taylors Arm Reserve Committee of Management. A copy of the minutes is attached.
RECOMMENDATION:
That Council endorse the minutes of the Taylors Arm Reserve Committee of Management Annual General Meeting held on 13 August 2019 and thank the outgoing Committee for their work in the past twelve months.
OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation, cultural and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the Taylors Arm Reserve Committee of Management was held on 13 August 2019.
The Committee of Management for 2019/2020 comprises:
President Marc Burnett Treasurer Julie Gooch Secretary Nicole Cisterne (Next general meeting minutes 1st secretary resigned and new secretary nominated)
Committee Members: Leanne Goldspring, Raelene Daley, Vicki Provost
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications on the environment.
Social
There are no social implications.
Economic
There are no economic implications.
CO26092019SR_12 Page 82 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.6 TAYLORS ARM RESERVE COMMITTEE OF MANAGEMENT - ANNUAL GENERAL MEETING - 13 AUGUST 2019
Risk
There are no risk implications.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no impacts on the budget as the Hall Committee should be raising sufficient funds to cover costs.
Source of fund and any variance to working funds
There is no variance to working funds.
Service level changes and resourcing/staff implications
There are no changes or implications stemming from this report.
ATTACHMENTS: 1 34947/2019 - Annual General minutes - Taylors Arm Sports Reserve Committee of Management 12 August 2019 2 35889/2019 - Taylors Arm Sports Reserve Financial Statement 2018-2019
CO26092019SR_12 Page 83 of 85 Ordinary Council Meeting 26 September 2019
ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT
ITEM 10.7 SF300 260919 E J BIFFIN PLAYING FIELDS COMMITTEE OF MANAGEMENT - ANNUAL GENERAL MEETING - 23 JULY 2019
AUTHOR/ENQUIRIES: Rochelle McMurray, Business Services Officer
SUMMARY:
The report acknowledges the minutes of the Annual General Meeting (AGM) of the E J Biffin Playing Fields Committee of Management. A copy of the minutes is attached.
RECOMMENDATION:
That Council endorse the minutes of the E J Biffin Playing Fields Committee of Management Annual General Meeting held on 23 July 2019 and thank the outgoing Committee for their work in the past twelve months.
OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation, cultural and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the E J Biffin Playing Fields Committee of Management was held on 23 July 2019.
The Committee of Management for 2019/2020 comprises:
President Andrew Johnston Vice President Katherine Holloway Treasurer Kerrie Crooks Secretary Kerrie Crooks
Committee Members: Judi Belbin, Gary Biden.
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications on the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
There are no risk implications.
CO26092019SR_17 Page 84 of 85 Ordinary Council Meeting 26 September 2019
ITEM 10.7 E J BIFFIN PLAYING FIELDS COMMITTEE OF MANAGEMENT - ANNUAL GENERAL MEETING - 23 JULY 2019
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no impacts on the budget as the Hall Committee should be raising sufficient funds to cover costs.
Source of fund and any variance to working funds
There is no variance to working funds.
Service level changes and resourcing/staff implications
There are no changes or implications stemming from this report.
ATTACHMENTS: 1 35540/2019 - Financial report and Minutes of AGM held 23 July 2019 - E J Biffin Playing Fields COM
CO26092019SR_17 Page 85 of 85