NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 01 May 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 17 April 2008

5        DELEGATIONS—Motion to hear Delegations

6        ASKING OF QUESTIONS WITH NOTICE

7        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8        General Manager Report

8.1     Outstanding Actions and Reports

8.2     Grant Application Status Report

8.3     Opportunity for Council to apply to reduce the number of Councillors without having to conduct a constitutional referendum of electors.

8.4     Museum Advisor Program

8.5     Bowraville Recreation Club Co-operation Limited

8.6     Shires Association of NSW Annual Conference - 2-4 June 2008 - Attendance by Mayor and General Manager

9        Director Environment and Planning Report

9.1     Development and Complying Development Applications Received 7 April 2008 to 18 April 2008

9.2     Report on the Currency of Constraints Data Used for the Draft Rural-Residential Land Release Strategy Maps

10      Director Engineering Services Report

10.1   Nambucca Shire Vehicle Access to Beaches Committee

10.2   Coffs Coast Waste Services

10.3   Nambucca Water Supply - Midco Reservoir

10.4   Nambucca Heads Sewerage Scheme Upgrade   

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

11.1   Plant Replacement - Trucks

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

  

12      MEETING CLOSED TO THE PUBLIC

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

 



Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.1      SF959         010508         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

 

File no.

Council

Meeting

Summary of Matter

Action

By

Status

MARCH 2007

1

QWN19

01/03/07

Floodgates Gumma

DES

Halted by wet weather.

The main floodgate has been installed and has created a freshwater wetland—damaged by storms—probable revote due to weather.  Main floodgate repaired.  Will require a dry winter to complete.

JUNE  2007

2

NOM –  SF544

7/06/07

Review of Section 94 Plans for Macksville catchment to include an audit of public open space to ensure current and future demands are satisfied

 

GM

Recreation  and Community Facilities Contribution Plan due for Council's endorsement 25/05/2008

 

3

NOM  – SF544

7/06/07

Review of Section 94 Plans for Macksville include embellishment of existing public open space in South Macksville growth area for passive recreation and sporting fields

GM

Recreation and Community Facilities Contribution Plan due for Council's endorsement 25/05/2008

 

AUGUST 2007

4

QWN14

16/08/07

Walter Monro Place—gutter dropped

DES

Design in preparation

Grate and box drain proposed.  Design prepared.  Construction in May.

 

SEPTEMBER 2007

5

SF640

20/09/07

That a purchasing policy be developed and sustainable choice purchasing clauses be included in the policy

DES

Draft under review by staff.

6

SF428

20/09/07

That Council vigorously pursue the exclusion of the Farmland Mapping from those areas already identified for rural residential development that are already fragmented or removed from primary production.  All affected property owners within the quota zoning to be directly notified.

 

DEP

Department of Planning advised by letter 12/10 that all previous 1(C) zoned land and land not identified as Class 1, 2 or 3 Agricultural Land within the "broken black line" in Council's LEP will be excluded from the farmland mapping project.  Six pockets still to be resolved. Which will be finalised after the Draft-Rural Residential Strategy is ratified by Council.

Further discussion under Draft Rural Residential Land Release Strategy Report in business paper.  Matter to be further considered due to impact of resolution

 

NOVEMBER 2007

7

QWN 3

01/11/07

Gordon Park—Boat Ramp filling with sand

DES

Lodgement of application overlooked.  Awaiting Fisheries approval.  Excavation of sand will only be close to ramp and not improve the channel.

 

8

QWN 12

01/11/07

Charlton St Nambucca Heads—rippling hotmix

DES

Contractor to replace

 

DECEMBER 2007

9

SF639

06/12/07

That the skill levels of Council’s outdoor workforce be the subject of a further report.

MHR

April 2008.  Now deferred until receipt of PBP Review

 

10

SF791

06/12/07

Council apply to Minister and Governor to compulsory acquire certain lands from State Forests NSW following advice on a deed of agreement.

GM

Forests NSW has now confirmed agreement to the land swap.  Application now with DLG for Governor’s approval

.

11

QWN23

20/12/07

Environmental Compliance/Environmental Management System Manual – Shire Works Depot Policy (030-031) to be reviewed.  This policy requires a number of actions to be undertaken by Council in line with its approved Environmental Management System Manual for the Shire Depot.  The actions are listed in table 3 of the Environmental Compliance Audit Report (Jelliffe 1996).  What progress has been made on these specific actions?

 

DES/

MCW

Further report May Works.

12

QWN22

20/12/07

That Council recommence the reviewing of Council policies at the first works inspection in January 08—and then monthly

 

GM

Commenced.

13

SF1027

20/12/07

Council defer drawing down the $315,000 loan for the netball courts until later in financial year to allow an assessment of available working capital.

GM

Report to 20 February 2008 Works

No tenders accepted. Soil testing underway.  Grant advice in Feb 08 with selective tender to follow grant notice.  Offer of $175,000 made on 22 February 2008.  Construction post September 2008.

 

14

SF1074

20/12/07

Draft workplace equity and diversity strategy to be submitted to ACAC, Community Services C'tee and Consultative C'tee for comment prior to determination by Council

 

GM

Report to Council December 2007.  Now deferred to awaiting ACAC meeting.

JANUARY 2008

15

QWN 43

17/01/08

Tourist Office Wharf & Gordon Park Boat Ramp

DES

Still awaiting approvals.

Expected late April.

 

16

QWN 48

17/01/08

DLG Report to Council

GM

Awaiting review of draft report by DLG

 

17

SF261

17/01/08

Any communication between the RTA and Council relating to the upgrade of the Pacific Highway be minuted and reported to Council.

GM & DES

RTA to meet Old Coast Rd residents in Council Chambers 4.00 pm Wed 13 Feb 2008. No further contact as at 25/2/08

 

18

SF631

17/01/08

Brief for $120,000 Master Plan for Lower Estuary to come to Council for endorsement

DEP

Draft brief being prepared for presentation to Estuary Committee.

 

 

FEBRUARY 2008

19

 

07/02/08

Handrail at traffic lights required

DES

To be done after footpath concreted.

 

20

QWN 50

21/02/08

Near Nambucca Heads Cemetery—tree limbs

 

DES

Contractor to remove

21

QWN 51

21/02/08

Riverbank erosion—Ferry St Macksville

DES

Guardrail to be erected

MARCH 2008

22

QWN 58

06/03/08

Structure Plan – awaiting census data

DEP

Referred to consultant to finalise 12 March 2008

 

23

PRF17

20/3/08

Future of Farringdon Fields – Deferred to look at other options for use including passive recreation, biobanking.

DES

Report June 2008

24

SF708

20/3/08

Grants Officer, Ms Jennifer Chance to be invited to meet Councillors at Works Inspection Committee meeting

GM

Scheduled for 18 June 2008.  (Officer commencing on 19 May 2008).

 

25

SF1125

20/3/08

LGSA be engaged to deliver a pre-election seminar for prospective candidates.

GM

Course to held Tuesday,15 July 2008 6.30pm to 9.30pm.

 


 

26

SF1125

20/3/08

Councillor Induction Training Program to be finalised once the LGSA have revised their workshop outline.

 

GM

Advice on dates and agenda to be forthcoming.

27

5606/2008

20/3/08

Mayor and GM meet with relevant Ministers to resolve outstanding land swap issues so the compulsory acquisition of land owned by Forests NSW may proceed.

 

GM

Now with DLG for Governor’s approval

28

5606/2008

20/3/08

Council be provided with a report on the status of the approved subdivision of Council’s land at Hyland Park including an estimate of the cost to achieve its substantial commencement.

 

GM

Will be reported in May 2008.

29

5606/2008

20/3/08

That Council follow up the lease agreement for the shops in the Bowraville Theatre building.

 

GM

Report to May 2008

30

5606/2008

20/3/08

That a comprehensive plan and costings be submitted to Council on the redevelopment of the Works Depot.

 

DES

Report to Council in May 2008.

31

6298/2008

20/3/08

Councillors be advised of potential contamination penalties which might be payable to Handybin for the Coffs Coast Waste Service.

 

DES

Report to Council in May 2008.

32

6298/2008

20/3/08

That the policy on footpath usage be reviewed by Council.

DEP/DES

Report to June Works Inspection Committee.

APRIL 2008

33

SF450

3/4/08

Council seek a breakdown of the administration levy and education provision for the Coffs Coast Waste Service

 

DES

Advice has been sought from Coffs Harbour City Council

34

QWN 72

3/4/08

On-site inspection of 21 Alberta Street, Bowraville to be scheduled re what is Council road and what is private road

 

DES

To be scheduled for Works in May

35

QWN 83

17/04/08

Potholes on the increase

 

DES

Increased Saturday work

36

SF261

17/4/08

Council request that the RTA make staff available to attend 2 separate public meetings – the first dealing with Warrell Creek and the second with the Macksville to Urunga section.

 

GM

Letter to be drafted.

37

RF320

17/4/08

Council arrange an onsite Works Inspection with Ms Joy Lane and a rep of Kyeewa Bushwalkers at Greenhills Road to consider improving access to Ngambaa Nature Reserve

.

DES

To be organised for June 2008.

38

SF793

17/4/08

Council investigate a restructuring of Environment and Planning Dept into 2 separate departments – one dealing with planning and environment and the other dealing with health and building.

 

GM

To be reported in June 2008.

38

SF561

17/4/08

Rezoning from 2(a) to 3(a) – Cnr Boundary Street and Pacific Highway and Woolworths Supermarket DA – deferred.

DEP

To be reported in June 2008.

40

SF394

17/4/08

Council write to Mr Michael Cole and seek advice as to how Council faired with its investments.

GM

Letter to be drafted.

41

SF84

17/4/08

That Council defer a relocation decision by the RFS to enable the proper investigation of other options.  These options to involve all users of the NEOC facility.  Also the report is to consider whether the proposed office for the RFS at the Midco site is a permissible use.

 

DES

To be reported in June 2008.

42

QWN 84

17/04/08

Trees at bridge opposite Riverside Gardens

 

DES

Programmed

43

QWN 85

17/04/08

Walkway &Cycleway, Bellwood Drive

DES

Contractor having trouble with the tide/causeway – will return to job when tides are normal – restart 9 May

 

44

QWN 80

17/04/08

Coronation Park – huge hole next to concrete

 

DES

Liaise with Committee of Management

 

45

QWN 86

17/04/08

Capital guaranteed long term investment funds

GM

Report to Council in June 2008.

 

46

QWN 88

17/04/08

Paveliner – performance figures being achieved

 

DES

Information being compiled – report in June

47

QWN 89

17/04/08

Youth Services Function clashed with Macksville Show – Youth buses empty

 

DEP

Report on Youth Activity to Council in June

48

QWN 90

17/04/08

Complaint numbers for Gordon Park

 

DES

Discuss with Cr Duffus

49

SF744

17/04/08

Rehabilitation Bonds Mac’scon – that Council again write to the Dept of Water & Energy giving them 30 days to concur with release of 2 bonds

 

DEP

Letter being drafted

50

SF529

17/04/08

Rural Residential Excess Area Report

·     Written confirmation from DoP re formal status in planning system

·     Write to DoP requesting they concur with introduction of RR Land Release quota

·     Council establish specific criteria

·     Amend strategy using plain English how land identified as short and longer term release

·     Advertise the Draft RR Land Release Strategy for 28 days as recommended by the consultants.

·     Write to DoP and request comments on the proposed inclusion of land currently within broken black line

 

DEP

 

51

 

17/04/08

That the Local Emergency Management Committee be asked to accept Cr Moran as a member.

DES

To be considered at next meeting in May

52

SF699

17/4/08

A report come forward on assessing the best arrangement for Town Services in subsequent years.

DES

Report December 2008.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.2      SF708         010508         Grant Application Status Report

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.  The following table provides a report on grant programs which Council has been made aware of; their closing date; consultation with community groups; their current status and eventual determination by the funding body.

 

 

 

Recommendation:

 

That the list of grant programs and their status be received.

 

 

 

 

 

 

Grant Program

Action

 

Status

1

FRRR - Small Grants for Small Rural Australian Communities

There are two rounds of Small Grants per year. Closing dates are 31 March and 30 September 2007 and 2008

 

 

 

A program for small rural communities will offer grants of up $50,000 to benefit people in rural and remote Australia.

 

Advised of new closing dates as follows:

                   1 May 2008

                   6 August 2008

                27 October 2008.

MS

A program of the Foundation for Rural and Regional Renewal closes on 30th March and 30th September 2008. 

(Warrell Creek Hall Committee of Management lodged an application on 21 September 2007.)

Information regarding the next round for 2008 has been sent to all Section 355 Hall Committees, the Museums, the Macksville Gift Secretary, placed on Council's website and in the Councillors Newsletter 30 October 2007.

Letter sent to all Section 355 Hall Committees of Mgt on 30 October 2007.

Nambucca Entertainment Centre lodged application  March 2008 for curtains & blinds.

South Arm Hall lodged an application in March 2008 for water tank.

 

Letter sent to all Section 355 Committees of Mgt 18 March 2008 for new rounds.

 

·     Valla Community Hall (Revitalisation) are submitting an application for 1 May 2008

 

2

Local Adaptation Pathways Program

The Federal Government has announced the "Local Adaptation Pathways Program" to provide funding to help local government build their capacity to respond to the impacts of climate change.  The Australian Government will provide up to $50,000 to help councils undertake risk assessment and develop action plans to prepare for the likely local impacts of climate change.  The deadline for applications is 3 December.  As at 9 October, application forms were still not available.

 

GM

Application lodged.

 


 

3

Department of Environment and Climate Change

DEP

Application for additional "Flood Study" to provide more accurate Flood Mapping of the Shire.

 

Lodged 15 February 2008.

 

Closing date 15 February 2008—announcement expected later 2008

 

4

Department of Environment and Climate Change – NSW Climate Change Fund – Public Facilities Program

GM

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.  Unaware of program’s existence until raised at meeting on 7 February.  Applications closed on 13 February.  No applications lodged by Council.

5

New Federal Environmental Programme - Still to be announced

GM

DES

DEP

The Area Consultative Committee (ACC) is proposing to take a lead role in putting forward an expression of interest for a major environmental project for Federal funding based on a “Clean Waters Model” implemented for Wallis Lakes.  The ACC is seeking Federal Government support for a $176m program over four years for each of the 8 Mid North Coast Councils plus Port Stephens, Clarence Valley and the Shoalhaven.  There is no matching funding required other than Council’s existing commitment to its environmental levy works program.  A letter of support for the initiative has been provided to the ACC.

6

Threatened Species Network Community Grants Round 11

 

TSN Grants Administration [mailto:TSNGrants@wwf.org.au]
To: TSN Grants Administration
Subject: Threatened Species Network Community Grants Round 11 OPEN

 

Trim document 7374/2008 refers to application

DEP

Round 11 of the Threatened Species Network Community Grants Program is now open.

Community groups are invited to apply for up to $50,000 to conduct on-ground conservation work for the ongoing health of our natural environment, specifically targeting the needs of nationally threatened species and ecological communities. Funding is available for activities such as habitat restoration, weeding, feral animal control, population surveys and monitoring, fencing, and fire management. 

Original signed applications must be received in WWF's Sydney office by 5pm Friday 30 May 2008 and project ideas must be discussed with the TSN Coordinator for your region prior to submitting an application.

 

Grant advertised in local paper.

 

7

Playground Equipment Upgrade – Department of Local Government

A total of $2m has been made available $1m for 2008/09 and a further $1m for 2009/10. Grants only available for local government & must be used to either provide new playground facilities and/or  equipment or upgrade specifically, identified existing playground facilities and/or equipment.  50 projects, to a max of $20,000 per project will be funded in each year of the program.

Closing date for 2008/09 is 24 April 2008

DES

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.3      SF42                010508         Opportunity for Council to apply to reduce the number of Councillors without having to conduct a constitutional referendum of electors.

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Minister for Local Government has announced that NSW councils will be given an opportunity to reduce the number of councillors at this year’s local government elections without the costs associated with holding a constitutional referendum.  A number of Mid North Coast councils are reducing the number of councillors at the 2008 election which will see the representation levels and associated costs at this council increase relative to the other councils.

 

The representation figures provided in the report for mid north coast councils indicate there is ample justification on both representational and cost grounds to reduce the number of elected councillors for Nambucca Shire Council to five (5). 

 

Should council act to seek the Minister’s approval in this way it will be taking a leadership role in responding to the on-going reforms which are required to respond to asset management; reducing the costs of governance to the ratepayer and private sector; and the possible changes which will arise out of the Inquiry into Water Utilities.  The possible removal of council’s responsibilities for water and sewerage will mean that about $1.5m per annum will need to be taken off council’s corporate overheads.  In what is likely to be a difficult period of change it is important that council and its management lead by example with such initiatives.

 

 

Recommendation:

 

1        In the event that the Local Government Amendment (Elections) Bill 2008 passes through           Parliament, that Council advertise for 21 days and seek public comment in relation to a           proposal to reduce the number of Councillors to be elected at the 13 September 2008           elections to five.

 

2        That Council consider any submissions arising out of the public consultation prior to           making an application to the Minister for Local Government.

 

 

OPTIONS:

 

Council has options of retaining the status quo being 9 councillors, reducing to 7 councillors or reducing to 5 councillors.  Even numbers of councillors is not favoured because of the more frequent need for the Mayor to exercise a casting vote.

 

DISCUSSION:


The Minister for Local Government has announced that NSW councils will be given an opportunity to reduce the number of councillors at this year’s local government elections.

 

Under an amendment to the Local Government Act 1993 introduced to State Parliament on 4 April, councils will have the opportunity to drop councillor numbers without having to resort to holding a constitutional referendum.

 

The following is an extract from the Minister’s media release.

 

“Mr Lynch said councils and ratepayers would benefit from a reduction in the number of elected representatives.

 

“Having a smaller number of councillors allows councils and ratepayers to save money on councillor fees and the cost of administrative support,” he said.

 

Mr Lynch said this opportunity to shed councillor numbers was particularly useful for councils with an even number of elected representatives.

 

“If councils decide on having 5, 7, 9 or 11 councillors, decisions are reached by majority vote without the need for the Mayor to use an additional casting vote”, he said.

 

In 2005, the NSW Government gave councils a similar opportunity to reduce councillor numbers without the need to hold a constitutional referendum.

 

“As a result, 21 councils decided to reduce 46 councillor positions, saving ratepayers about $540,000,” Mr Lynch said.

 

The opportunity to reduce councillor numbers would be qualified by the following restrictions:

 

·      councils undertake public consultation

·      councils must not have less than 5 councillors

 

Councils have until 30 June 2008 to apply for a reduction in councillor numbers.  In 2005, 21 NSW councils elected to reduce the number of councillors to be elected at the 2008 local government elections

 

·      Auburn – 12 to 10 councillors – saving about $27,960 per annum

·      Blayney – 9 to 7 – saving $16,760

·      Bourke – 12 to 10 – saving $16,760

·      Brewarrina – 12 to 9 – saving $25,140

·      Broken Hill – 12 to 10 – saving $27,960

·      Central Darling – 12 to 9 – saving $25,140

·      Coonamble – 9 to 7 – saving $16,760

·      Cootamundra – 12 to 9

·      Cowra – 11 to 9 – saving $16,760

·      Dubbo – 12 to 11 – saving $13,980

·      Glen Innes Severn – 9 to 7 – saving $16,760

·      Great Lakes – 12 to 9 – saving $41,940

·      Greater Taree – 12 to 9 – saving $41,940

·      Jerilderie – 9 to 7 – saving $16,760

·      Mosman – 12 to 9 – saving $41,940

·      Murrumbidgee – 8 to 6 – saving $16,760

·      Orange – 14 to 12 – saving $27,960

·      Strathfield – 9 to 7 – saving $27,960

·      Tweed – 11 to 7 – saving $55,920

·      Wagga Wagga – 15 to 11

·      Wingecarribee – 12 to 9 – saving $41,940”

 

Council will recall that the opportunity to reduce councillor numbers via a constitutional referendum was reported to Council’s meeting on 2 August 2007.  The report provided a comprehensive review of representation levels across Mid North Coast Councils and also a conservative estimate of the savings from reducing the number of Councillors.  The relevant part of the report follows.

 

There is surprisingly little information or research in NSW concerning the number of councillors required for a sound local democracy.  The appropriate number is certainly the best balance between providing adequate opportunities for residents to be heard by their councillors; for ensuring the efficient transaction of business and for minimising costs.

 

In NSW the number of councillors can range from 5 to 15 (one of whom is the mayor).  Representation levels vary from one councillor per 500 people to one councillor per 15,000 people.  As at June 2004, the most recent base data for local government comparative statistics, the following comparisons are available for the Mid North Coast Group of Councils :-

 

Local Government Area

Population (June 2004)

Population density (pop’n/area)

No. of councillors

Population per councillor

Nambucca

18,525

12.4

9

2,058

Coffs Harbour

66,529

56.6

9

7,392

Bellingen

12,720

7.9

7

1,817

Kempsey

28,114

8.3

9

3,123

Port Macquarie/Hastings

69,737

18.9

9

7,748

Port Macquarie/Hastings (current)

69,737

18.9

1 administrator

69,737

Greater Taree

46,474

12.5

12

3,872

Greater Taree post election

46,474

12.5

9

5,163

Great Lakes

34,186

10.1

11

3,107

Great Lakes post election

34,186

10.1

9

3,798

Gloucester

4,902

1.7

9

544

 

In general terms, the LGA’s with the largest populations have a higher population per councillor than the less populated LGA’s although there is less consistency in terms of population density.  Great Lakes and Kempsey both have lower population densities than the Nambucca but higher population/councillor ratios.

 

In terms of the preceding table if Nambucca Shire Council were to reduce its councillors from 9 to 7 it would have a population per councillor ratio of 2,646, still about half that of Coffs Harbour, Port Macquarie – Hastings, and Greater Taree (post election) and still far less than Kempsey and Great Lakes.

 

If Nambucca Shire Council were to reduce its councillors to 5, the minimum allowed, it would have a population per councillor ratio of 3,705, again still about half that of Coffs Harbour and Port Macquarie/Hastings, far less than Greater Taree and on a par with Great Lakes (post election) and Kempsey.

 

Based on the current years budget a reduction of two councillors would result in an estimated annual saving of $24,000 based on the following:-

 

Councillors fees:

$8,715 x 2

=

 $17,400

Councillor expenses & travel:

$26,500/9 x 2

=

 $5,900

Sundry expenses:

$26,500/9 x 2

=

 $900

 

Total = $24,200

 

A reduction of 4 councillors would represent a saving of $48,400 per annum.

 

However there are substantial additional costs in circulating business papers, correspondence and newsletters and staff time in answering enquires not included in the above cost.  There are of course additional communication costs (time and money) for both the general public and private sector if they attempt to make direct representations to each councillor.

 

Since the matter was reported to Council in August 2007, the cost associated with a referendum has been removed improving the cost/benefit.

 

A further consideration is the possible outcome of the Inquiry into Water Utilities with the Minister having already announced his intention to reduce the number of utilities in NSW and with councils facing the real prospect of having their water and sewerage functions removed.  Beside the reduced responsibility for elected members, the removal of water and sewerage functions from this council would mean that about $1.5m in overheads will need to be removed from administration and governance activities.

 

The representation figures provided in the report for mid north coast councils indicate there is ample justification on both representational and cost grounds to reduce the number of elected councillors to 5. 

 

Should council act to seek the Minister’s approval in this way it will be taking a leadership role in responding to the on-going reforms which are required to respond to asset management; reducing the costs of governance to the ratepayer and private sector; and the possible changes which will arise out of the Inquiry into Water Utilities.  The removal of council’s responsibilities for water and sewerage will mean that about $1.5m per annum will need to be removed from Council’s corporate overheads.  In what is likely to be a difficult period of change it is important that council and its management lead by example with such initiatives.

 

CONSULTATION:

 

The opportunity to reduce the number of councillors has been previously reported (2 August 2007).  However the announcement by the Minister for Local Government removes the requirement for a referendum.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues for the environment.

 

Social

 

As discussed in the report the appropriate number of councillors is the best balance between providing adequate opportunities for residents to be heard; for ensuring the efficient transaction of business and for minimising costs.  It will be noted from the comparative table that the majority of mid north coast councils have higher ratios of population per councillor than the Nambucca.  Even by reducing the number of councillors to 5 would still mean that the Nambucca would be about average in terms of the mid north coast councils on the ratio of population per councillor.

 

Economic

 

There are savings for the community and the private sector as often they make attempts to contact each councillor individually.  This costs time and money.

 

Risk

 

With 5 councillors including the Mayor the required quorum would be 3.  Therefore a maximum of 2 councillors could be absent for a meeting.

 

Taking into consideration the possibility of illness and unplanned leave, the quorum requirement should be achievable for the regular meeting schedule.  Few companies would plan on more than half the Directors being absent to attend a scheduled meeting which had been planned many months in advance.

 

Notwithstanding there would be an additional responsibility for councillors to consider the timing of any planned leave.  An extension of the normal new year break may be one means of providing for additional leave.  Similarly with pecuniary interests, there may be an increased risk of a lack of quorum, although with fewer councillors it would be expected that the instances of pecuniary interests would decline be the same proportion.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A reduction in councillors from 9 to 5 would mean direct savings of $48,400 as well as substantial indirect savings to both council, the community and the private sector.  The indirect savings are difficult to quantify but should not be underestimated.  Councillors have a good appreciation of the time which is involved in communication with the public, the staff, community groups, as well as applicants and objectors involved in development applications and rezonings.  That time represents a cost to those involved.

 

Source of fund and any variance to working funds

 

As indicated there would be significant savings to the general fund, certainly well in excess of $50,000 per annum.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.4      SF1077            010508         Museum Advisor Program

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Following advice from three of the Valley’s museums that they wish to participate in the Museum Advisor Program, it is recommended that Council proceed to participate in the program.

 

 

Recommendation:

 

That Council participate in the Museum Advisor Program for the 2008/2009 financial year.

 

 

OPTIONS:

 

Council has the option of participating in the Museum Advisor Program.  There are many volunteers who are working to keep the museums operating with limited funding support from Council.  The Museum Advisor Program provides an opportunity for Council to provide additional support via a State Government program which provides a significant (more than 50%) subsidy.

 

DISCUSSION:

 

Following a presentation by Ms Sarah-Jane Rennie, the Manager of the Museum Advisor Program to the Works Inspection Committee meeting on 16 January 2008, Council resolved on 17 January 2008 to defer joining the Museum Advisor Program until Council has written to each of the Museums seeking their advice about participation in the Program.

 

Council has now received advice from the Mary Boulton Pioneer Cottage and Museum; the Bowraville Folk Museum and the Nambucca District Historical Society expressing their support for the program.  A copy of their correspondence is attached.

 

Council will recall that the program is co-funded between Museums and Galleries NSW and the host Council.  The participating Council has to contribute $6,000 which is matched by $6,000 from the NSW Government.  In addition the NSW Government funds the travel costs of the Museum Advisor to the region and to attend 2 meetings per year in Sydney.  The program allows for the Advisor to visit the local museums for 20 days per year which provides an average of two days per month for ten months of the year.  This visitation would be shared between the Valley’s 4 museums.

 

Given the general support for participation in the program it is recommended that Council proceed, noting that it is a year be year arrangement.

 

CONSULTATION:

 

There has been extensive consultation with the participating museums, Museums and Galleries NSW and Council.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

The Valley’s museums are the most important means of recording, understanding and appreciating our Aboriginal history and subsequent immigrant settlement.  They are very important to understanding our identity and the forces which have shaped our settlement.

 

Economic

 

There are no significant economic implications.  It should be expected that the Advisor will make some positive contribution to the display and marketing of exhibits which should have a positive impact on tourism and Museum visitation.

 

Risk

 

There is no discernible risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Provision has been made in the draft budget for 2008/2009 for the funding for this program.

 

Source of fund and any variance to working funds

 

Provision has been made in the draft budget for 2008/2009.

 

Attachments:

1View

Advice of support for the Museum Advisor Program - Macksville & District History Group - doc 6014/2008

 

2View

Comments regarding benefits of Museum Advisor Program for Bowraville Folk Museum - doc 7440/2008

 

3View

Nambucca District Historical Society still interested in participating in Museum Advisor Program - doc 7057/2008

 

 

 


Ordinary Council Meeting - 1 May 2008

Museum Advisor Program

Attachment 1

Advice of support for the Museum Advisor Program - Macksville & District History Group - doc 6014/2008

 

 


Ordinary Council Meeting - 1 May 2008

Museum Advisor Program

Attachment 2

Comments regarding benefits of Museum Advisor Program for Bowraville Folk Museum - doc 7440/2008

 


 


Ordinary Council Meeting - 1 May 2008

Museum Advisor Program

Attachment 3

Nambucca District Historical Society still interested in participating in Museum Advisor Program - doc 7057/2008

 

 


Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.5      LF3980             010508         Bowraville Recreation Club Co-operation Limited

 

AUTHOR/ENQUIRIES:     John Harris, Senior Administrative Officer         

 

Summary:

 

The Club has requested approval  in principle to withdraw the caveat on Lot 481 DP 700681 to permit the land and buildings being used as collateral to raise loans to fund maintenance programs and capital works.

 

The Deed of Option, the subject of the caveat provided for Council transferring the land to the Club and in the event of the Club ceasing operations, the Club agreed to grant an option to Council to repurchase the land for $10.00.

 

Withdrawal of caveat will result in Council foregoing control over this land and creating entitlements to prospective mortgagees.

 

 

Recommendation:

 

1        That approval in principle be granted to withdraw caveat on Lot 481 DP 700681 subject to any loan funds making provision for the repayment of the Club’s loan balance with Council.

 

 

 

 

OPTIONS:

Refuse request.  Retention of the caveat will deny the Club access to loan funds as the caveat takes precedence over any mortgage.  This option could result in the demise of the Club through deterioration of facilities.

 

 

DISCUSSION:

Bowraville Recreation Club Co-operative Limited has requested Council for approval in principle to withdraw caveat on Lot 481 DP 700681 to permit the land and buildings being  used as collateral to raise loans to fund maintenance programs and capital works.

 

The Deed of Option, the subject of the caveat, contained the following conditions:-

 

1        Council by contract of sale dated 20 September 1983 sold the land to the Club

 

2        In the event the Club has ceased, or becomes incapable of carrying on providing sporting and         recreational facilities to the members, on this land, or if the Club shall become likely to be wound up    or dissolved, the Club agreed to grant an option to Council to repurchase the land for $10.00.

 

The purpose of the caveat was to provide Council with the opportunity to regain control of the land and premises in the event of the Club’s demise.

 

Withdrawal of this caveat will result in Council foregoing control over this land.  Whilst permitting the Club to access loan funds, control of this land will shift to the mortgagee, should the Club falter.

 

At present the Clubs loan balance with Council is $26,300.00.  Repayments during 2008 are covering interest only, whilst 2007 repayments failed to totally cover the interest component.

 

Loans raised should include consolidation of this debt.

 

The land has an area of 1.8 hectares, has a rural zoning 1 (a 2) Prime/Flooding, fronts South Arm Road and is surrounded by Council owned Lot 482 DP 700681, having an area of 22.33 hectares, being golf course and playing fields.

 

By granting approval in principle, Council is permitting the Club to develop business plans and to investigate availability of loan funds.

 

Should borrowings exceed capacity to repay, the mortgagee has the entitlement to foreclose denying members access to sporting and recreational facilities. 

 

Whilst there may be an expectation in the local community that Council should be expected to cover all debts, permitting the Club to continue to trade or for Council to provide facilities at another venue, Council has neither the legal obligation nor the means to act as guarantor for community based clubs.  Such Clubs do need to accept responsibility for their future and it could be argued that this will only happen when they fully control their destiny and not with the Council being available to provide a cash injection.

 

Therefore, if and when a formal request is made, Council must be aware of the consequences of approving or denying the withdrawal of caveat.

 

 

CONSULTATION:

General Manger

Manager Financial Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Not applicable.

 

 

Social

The Club is viewed as the major provider of sport and social activity for the people of Bowraville and surrounding areas, providing golf, bowls, squash and licensed club facilities.

 

 

Economic

The demise of the Club would have a detrimental impact on Bowraville.

 

 

Risk

Either way presents risk to a facility secured by Council, ie loss by over commitment or loss by non action.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The Club requires an injection of funds for upgrading of facilities to attract more patrons to improve viability.  If the Club is unable to raise loan funds there may be an expectation for Council financial assistance.

 

Source of fund and any variance to working funds

 

Attachments:

1View

LF3980 - Bowraville Recreation Club Cooperation

1 Page

2View

LF3980 - Bowraville Recreation Club - Submission

6 Pages

 

 


Ordinary Council Meeting - 1 May 2008

Bowraville Recreation Club Co-operation Limited

Attachment 1

LF3980 - Bowraville Recreation Club Cooperation

 

 


Ordinary Council Meeting - 1 May 2008

Bowraville Recreation Club Co-operation Limited

Attachment 2

LF3980 - Bowraville Recreation Club - Submission

 


 


Ordinary Council Meeting

1 May 2008

General Manager's Report

ITEM 8.6      SF45                010508         Shires Association of NSW Annual Conference - 2-4 June 2008 - Attendance by Mayor and General Manager

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The Shires Association is an association of councils representing regional and rural councils to provide leadership and advocacy for the benefit of the community. Over 450 delegates from member councils as well as representatives of Regional Organisations of Councils meet to discuss and set policy for the coming year.

 

 

Recommendation:

 

That Council approve the attendance of the Mayor and one other Councillor to the Annual Conference of the Shires Association in Sydney from 2 to 4 June 2008.

 

 

OPTIONS:

 

·     That only the Mayor or the General Manager attend the Conference.

·     That neither the Mayor nor the General Manager attend the Conference.

·     That other Councillors attend.

 

DISCUSSION:

 

The draft program refers to:  Nominating for Executive Council;  addresses by the Governor of NSW, the President of the Shires Association, the Minister for Local Government, Minister for Planning and Minister for the Arts, Minister for Roads, Minister for Water, Leader of the Opposition;  the presentation of outstanding service Awards;  Sessions from Country Energy, Country Women’s Association, Local Government Superannuation Scheme, Rural Taskforce, State Cover.

 

CONSULTATION:

 

There has been no further consultation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment—Nil

 

Social—Nil

 

Economic—Nil

 

Risk—Nil

 

 

FINANCIAL IMPLICATIONS:

 

The cost of the Conference is $525 (plus $52.50 GST) plus accommodation and airfares per delegate.

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

1 May 2008

Director Environment & Planning's Report

ITEM 9.1      SF691              010508         Development and Complying Development Applications Received 7 April 2008 to 18 April 2008

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

The Development Applications and Complying Development Applications, were received by Council for the period 7 April 2008 to 18 April 2008 and are presented for Council’s information.

 

 

Recommendation:

 

That the applications received, be noted and received for information by Council.

 

 

 

DEVELOPMENT APPLICATIONS RECEIVED 7 APRIL TO 18 APRIL 2008

 

DA Number

Application Date

Development

Address

2008/624

16/04/08

Garage

Lot 11 DP 1073737, 1 South Arm Road, Bowraville

2008/214

07/04/2008

Modification of Toilet Block

Lot 1 DP 312000, Missabotti Hall, Missabotti Road, Missabotti

2008/215

08/04/2008

Dwelling-House

Lot 104 DP 1073632, 7 Telopea Place, Nambucca Heads

2008/216

09/04/2008

Hotel Additions - Smoking Area

Lot 17 Section 31 DP 758749, 31 Bowra Street, Nambucca Heads

2008/217

09/04/2008

Alteration to Sullage Pits

Sites 5, 6, 7, 8, 9 & 10 Lot 474 DP 755550, 25 Riverside Drive, Nambucca Heads

2008/218

09/04/2008

Shed

Lot 7 DP 1052762, 40 Auld Close, Valla

2008/219

10/04/2008

Garage

Lot 9 Section 31 DP 758749, 15 Mann Street, Nambucca Heads

2008/220

10/04/2008

Patio Cover

Lot 1420 DP 1024334, 26a Palmer Street, Nambucca Heads

2008/221

11/04/2008

Garage and Patio Roof

Lot 32 DP 1111709, 22a West Street, Macksville

2008/222

14/04/2008

Dwelling-House

Lot 3 DP 1123947, Preston Drive, Macksville

2008/223

17/04/2008

Dual Occupancy & Subdivision

Lot 131 DP 1121580, 24 Sandpiper Drive, Scotts Head

2008/224

17/04/2008

Dwelling Additions and Shed

Lot 9 DP 588531, 39 Palmer Street, Nambucca Heads

2008/228

18/04/2008

Storage Shed

Lot 10 DP 258324, 49 Old Coast Road, Newee Creek

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

Director Environment & Planning's Report

ITEM 9.2      SF529              010508         Report on the Currency of Constraints Data Used for the Draft Rural-Residential Land Release Strategy Maps

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

A number of enquiries and concerns have been expressed at recent meetings relating to the currency and accuracy of the data and maps that Council has used in the preparation of the Draft Rural-Residential Land Release Strategy constraint maps.

 

 

Recommendation:

 

That Council note the data used in the preparation of the constraints maps for the Draft Rural-Residential Land Release Strategy, and the costs to acquire more recent aerial imagery.

 

 

OPTIONS:

 

Council could note the information and proceed to purchase more up to date aerial imagery (August 2007) at an estimated cost of $11,500-$13,500.

 

 

DISCUSSION:

 

Queries have been made with respect to the currency and accuracy of the data used by Council to establish constraints over the land within the broken black line under NLEP 1995 used in the Draft Rural-residential Land release Strategy.

 

There are several sets of data used to establish the hard constraints (flooding, areas of Ecologically Significance and areas earmarked for future urban, pg 41 Draft Strategy).

 

Flooding:

 

The areas identified as being affected by the 1 in 100 year flood event are identified in Map 4 after pg 26 in the Draft Strategy. This data is based on the models relating to the Floodplain Management Studies undertaken in 1999 on the Nambucca River and Estuary.

 

No subsequent data is available to Council to confirm or correct this data. Comments stating that areas recently inundated by storm events are noted but such sites and locations are not held on Council’s flood data.

 

Council would be aware that a funding application has been made to the Department of Environment and Climate Change for updated flood maps and data. The application, if acceptable will enable the Nambucca Floodplain and coastal strip to be flown and captured by Airborne Laser Survey data. Such data will then be used to model the flood scenarios resulting in more accurate flood inundation locations. The cost of the ALS will be in the order of $120,000.

 

Ecological Significance:

 

In establishing areas considered to have ecological significance, Staff utilised the data from the Kendal and Kendal Nambucca Vegetation Survey Maps (2003) which are based on the 1997 aerial photography sets (refer Map 6 after pg 28 in Draft Strategy).

 

On pg 28 of the Draft Strategy there are clear notes indicating that the Biodiversity Mapping will be reviewed as more accurate information becomes available.

 

Notwithstanding, Council has 2000, 2003 and 2005 Satellite Imagery. This data was not specifically used as aerial photography on its own without Vegetation surveys being undertaken leads to further discrepancy and inaccuracy. However, these later maps are used when claims of inaccuracy arise, such as those along Old Coast Road.

 

Staff could have, but chose not to, use the DECC Biodiversity mapping as the vegetation data sets are on a larger regional scale basis and provide for greater inaccuracies as to what is identified through the aerial photographs and vegetation mapping.

 

The claim by landowners along Old Coast Road regarding clearing undertaken on their property not being identified, has been investigated and based on the aerial photographs dated 1997, 2000, 2003 and 2005. There appears to have been some clearing undertaken between 2000 and 2003 and some further clearing on one of the lots created by their subdivision between 2003 and 2005. The cleared area on the larger lot is recognised as unconstrained in the Draft Strategy. The smaller cleared area isn’t identified simply due to the scale of mapping and the clearing is in accordance with their consent and bushfire requirements.

 

Future Urban Areas:

 

All Future Urban Areas identified in the NLEP 1995 have been excluded.

 

Acquisition of more up to date data:

 

Further enquiries have been made with the Land and Property Information Office in Bathurst and one private company who have for various reasons secured aerial imagery over certain parts of Nambucca Shire and are now selling the data.

 

Land and Property Information Office’s most recent data available is dated 2003 for all rural areas (which Council has) and 2007 for all urban areas (which Council does not have).

 

Sinclair Knight Merz (SKM) have some recent data (August 2007) available which would pick up most, if not all the Rural-residential locations within Nambucca Shire. This data is available at a cost of $21 per square kilometre, which to cover all the areas would cost approximately $11,500 - $13,500. However, as mentioned above, the aerial imagery on its own is not a true reflection as to whether the vegetation is Native Vegetation or introduced species. It would however clearly identify any areas where vegetation has been removed since 1997 and any areas cleared under the Native Vegetation Act .

 

Conclusion:

 

As mentioned above the funding application submitted by Council for updated flood maps and data will be of enormous benefit to Council for not only land contours and flooding but also vegetation mapping, Engineering asset locations, building heights, watercourses and general assistance with all Council activities.

 

Aerial photography can be undertaken at the same time which will give Council both imagery and laser data of a common date. To this end NSW Forests have indicated that they may be interested in assisting Council with funds so they may have access to the data over their Forestry land to assist them with their Forest management plans.

 

Once such updated data is available Council staff will be able to utilise it to improve the constraints and other mapping as well as providing more accurate flood advice for the future.

 

 

CONSULTATION:

 

GIS Officer

Town Planners

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no environmental impact with this report.

 

Social

 

There is no social impact with this report.

 

Economic

 

There is no economic impact with this report.

 

Risk

 

There are no risks with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts with this report on the current of future budgets. However, should Council resolve to proceed with acquisition of the data from SKM, additional funds would need to be voted, as there are no funds available within the current budgets.

 

Source of fund and any variance to working funds

 

There are no funds required with this report. However, should Council resolve to proceed with acquisition of the data from SKM, additional funds would need to be voted, as there are no funds available within the current budgets.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

1 May 2008

Director of Engineering Services Report

ITEM 10.1    SF843              010508         Nambucca Shire Vehicle Access to Beaches Committee

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The minutes of the committee are attached with no particular issue being brought to Councils attention.

 

 

Recommendation:

 

That the minutes of the Nambucca Shire Vehicle Access to Beaches Committee meeting held on the 28 March 2008 be noted and adopted.

 

 

OPTIONS:

Nil

 

DISCUSSION:

 

The meeting of the Nambucca Shire Vehicle Access to Beaches Committee  was held on the 28 March 2008.  The minutes are attached.

 

CONSULTATION:

 

Members of the Committee.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The minimisation of environmental damage is sought with the permit system.

 

Social

The 4WD permit system provides regulations to control behaviour – as well as providing the means to drive on the beach for access and recreation.

 

Economic

No change in fees proposed for 2008/2009.

 

Risk

Permits state acceptable behaviour when using vehicles on beaches.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The repair of the three 4WD access tracks and associated signage is funded by the income for the sale of permits.  The income currently exceeds the coast.

 

Source of fund and any variance to working funds

 

The current budget is adequate for the costs involved.

 

 

Attachments:

1View

SF843 - 2008 March 28 Minutes - Vehicular Access to Beaches Committee meeting

3 Pages

 

 


Ordinary Council Meeting - 1 May 2008

Nambucca Shire Vehicle Access to Beaches Committee

Attachment 1

SF843 - 2008 March 28 Minutes - Vehicular Access to Beaches Committee meeting

 

Present

J Ainsworth, B Duffus, M Coulter, B Redman, R Watts, K Morrison Snr, T Hardge, B Hall, J Young, R Bennett

 

Apologies

Bill Watts, Kevin Morrison Jnr, Jim Brazel, Eric Oldfield, Georgette Allen, B Watts (Kingsworth)

 

Adoption of Minutes

 

The minutes of the meeting held on 7 December 2008 were adopted by Council on 20 December 2008.

 

Recommendation: That on the Motion of B Duffus and seconded by K Morrison Snr that the minutes be accepted.

 

Business

 

SF843                    ITEM 1 – MEMBERSHIP

 

Mr John Davies of Scotts Head tendered his resignation, effective 31 December 2007, as a voluntary ranger, see attached.  Council has written to Mr Davies accepting his resignation with regret and thanking him for his valued contribution over the years.

 

Therefore, the ranger membership is now as follows:

 

 

Ms

G

Allen

Mr

R

Bennett

Mr

C

Brazel

Mr

V

Buchanan

Mr

B

Hall

Mr

A J

Hardge

Mr

N

Ingold

Mr

M

Moran

Mr

K

Morrison

Mr

K

Morrison Jnr

Mr

E

Oldfield

Mr

J

Schneider

Mr

C

Smith

Mr

R

Smyth

Mr

W N

Watts

Mr

B

Watts

Mrs

J

Young

 

 

RECOMMENDATION:  On the motion of B Bennett and seconded by J Young that the information be noted.

 

 

SF843                    ITEM 2 – INSPECTION REPORT BY PARKS SUPERVISOR

 

Ø  Valla Beach

          March 25 mowed edges of entire track, brush cut and some serious tree pruning, also    brush cut pedestrian walkway and programmed a contractor to repair washout.

          Track is in good condition.  Photos supplied.

 

Ø  South Pacific Drive Scotts Head

          March 19 replaced 10 boards, brush cut edges of the track and did some serious pruning.

          Track in good condition.  Photos supplied.

 

Ø  Swimming Creek

          March 19 inspected 4X4.  No works necessary.

          Track in excellent condition.  Photos supplied.

 

 

RECOMMENDATION:  On the motion of B Duffus and seconded by K Morrison  that information be noted.

 

 

SF843                    ITEM 3 – RANGERS' REPORT

 

Each Ranger is invited to give a verbal report on issues.

 

Kevin Morrison Snr       No issues

 

Brian Hall                     Cars are illegally parking on the shoulder of the access road into Shelly Beach in contravention of the No Parking signs. 

 

                                    B Redman advised that the Police would be advised of the situation and asked to enforce the signage.

 

Jodie Young                Concerned about the behaviour of Professional Fishermen driving up and down the beach chasing “bait” fish when other beach users are about.  Advised to report poor behaviour to Council who will in turn advise Fisheries.

 

Bob Bennet                   No issues

 

Tony Harge                 Jet Skis in Warrell Creek near the Weir Reserve are operating at speed even when towing.  Matter to be reported to NSW Maritime.

 

 

RECOMMENDATION:  On the motion of B Duffus and seconded by B Bennett  that the reports be noted and actions to Departments undertaken.

 

 


SF843                    ITEM 4 – APRIL SCHOOL HOLIDAYS

 

Posters will be maintained at the same sites these holidays as suggested at the last meeting.  These sites are:-

 

Scotts Head Caravan Park

Scotts Head Supermarket

Nambucca Tourist Office

Valla Beach Bakery

Nambucca Shell Service Station

Valla Beach Hotel

Council Chambers

Valla Beach Headland Store

Beachcomber Marine

Nambucca Beach Holiday Park

BP Service Station in Mann Street

V Wall Tavern

Scotts Head Top Shop

 

 

RECOMMENDATION:  On the motion of B Duffus seconded J Young that information be noted.

 

 

SF843                    ITEM 5 – BEACH SIGNAGE

 

Council has received a verbal request for the erection of signage at the 4WD entry points advising where people can purchase beach permits.

 

RECOMMENDATION:  On the motion of B Duffy seconded B Bennet that only Councils contact be included on any sign.

 

 

SF843                    ITEM 5 – GENERAL BUSINESS

 

1          John Ainsworth

            Request to please provide a report on income and expenditure as a regular item to each item.  The income to date is $4140.00 while the expenditure is $2867.10 as at 31 March 2008.

 

2          Bruce Redman

            Ranger G Allen has raised the issue of an unregistered motorbike on streets and beaches at Valla Beach.  Police to be advised.

 

3          Brian Hall

            Good to see BP Service Station participating with Beach Permits.

 

 

SF843                    ITEM 6 – NEXT MEETING

 

The next meeting of the Nambucca Shire Vehicular Access To Beaches Committee will be held on Friday 19 September 2008.

 

 

CLOSURE

 

There being no further business the meeting closed at 2.25pm.

 


Ordinary Council Meeting

1 May 2008

Director of Engineering Services Report

ITEM 10.2    SF674              010508         Coffs Coast Waste Services

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The start of the organics processing contract was delayed and started 9 months later than expected in the contract.

 

Discussions with Handybin and Council officers has resulted in general agreement that the contract should be extended by 6 months.

 

Formal ratification by Council is sought.

 

 

Recommendation:

 

1        That subject to concurrence of both Bellingen Shire Council and Coffs Harbour City Council           that the contract for Coffs Coast Waste Services Number 04/05-183-TO held by Handybin           Waste Service (Coffs Harbour) Pty Ltd, be extended by six months to a duration of ten           years and six months.

 

2        That the revised Contract be executed under Council seal.  

 

 

OPTIONS:

 

1        Extend the contract by 6 months as recommended

 

2        Not endorse the proposal and continue to negotiate an alternative agreement

 

3        Take no action and allow the matter to be resolved legally

 

DISCUSSION:

 

Council at its meeting of 2 June 2005 accepted a tender from Handybin Waste Services (Coffs Harbour) Pty Ltd for Coffs Coast Regional Waste Services, Contract Number 04/05-183-TO.  At around the same time Bellingen and Coffs Councils accepted the same tender, so that the thee Councils were jointly party to the same contract, under the banner of Coffs Coast Waste Services.

 

The ten year contract took effect from the date of commencement of services on 28 November 2005.

 

The contract was framed on the basis of a two stage implementation so as to coincide with the expected commissioning of the Biomass Plant.  Stage 1 of the contract involved provision of a weekly mixed waste service and fortnightly recycling service to the three Councils and in addition, a fortnightly greenwaste service to Coffs Harbour premises only.

 

The contract envisaged that the Biomass plant would be commissioned 6 months later, at which time Stage 2 of the service would be rolled out.  Roll out of Stage 2 involved providing the three bin service across the three Council areas, with weekly organics, and fortnightly recycling and mixed waste services.

 

Delays subsequently occurred in commissioning the Biomass plant, due to a range of issues including a lengthy process in preparing the Environmental Impact Statement and gaining the necessary planning approvals, site preparation and civil works delays, and difficulties with equipment suppliers.

 

As a result, Stage 2 of the collection services did not commence until 5 March 2007, some 15 months after Stage 1 commencement.  Thus, a delay occurred of around 9 months from what was identified in the contract documentation and Handybin’s tender submission.

 

Handybin submitted a claim in October 2007 which argued for compensation to take into account the losses incurred.  The claimed losses included inability to fully recover leasing and depreciation costs in relation to additional capital required for the Stage 2 services, such as bins and trucks.

 

On 28 November 2007 Council officers, and MBT Lawyers entered into negotiations with Handybin to try to resolve this issue.  A further meeting was held with MBT Lawyers, Handybin and the General Managers of the Coffs Harbour, Nambucca and Bellingen Councils on 5 December 2007 to discuss this and other waste management issues.  The outcomes of these negotiations and discussions are distilled in the attached legal advice dated 29 February 2008 from MBT Lawyers.

 

In summary the position was reached that, subject to the approval of the three Councils, Handybin be granted a 6 month extension to its Contract in full compensation for the delays.

 

MBT Lawyers advise: “In my view, the compromise arranged is a good result for all councils and I recommend Councils agree to the extension”.

 

CONSULTATION:

 

Coffs Harbour City Council, Bellingen Shire Council, Handybin (Coffs Harbour) Pty Ltd and MBT Lawyers.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The extension of the existing collection contract will have no negative environmental impacts.  Councils are obliged to provide domestic waste collection services, and the current contract maximises resource recovery.

 

Social

 

An advantage of the 6 month extension will be that the roll out of the new contract services would take place in late May 2016, as opposed to the busy Christmas period in 2015 when the contract currently expires.  This would mean less social disruption and smoother transition to new services at that time.

 

Economic

 

The contract extension will not affect monthly contract payments and will have no impacts on Council’s Management Plan for 2007/08 nor any Management Plan until 2015/16.

 

In the financial year 2015/16, because of the six month contract extension there maybe a price differential between the existing contract prices and the potential new contract prices.  The impact, which could be positive or negative, cannot be predicated at this time.

 

The lease in respect to the land identified under the Contract on which the Materials Recovery Facility is located would also need to be extended accordingly by Coffs Harbour City Council.

 

The three Council’s have agreed under a Tripartite Agreement to undertake joint waste services for 20 years, until the Biomass waste processing contract expires.

 

Risk

 

Failure to reach an acceptable position could lead to the matter being disputed through court action.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact on current budgets.  There will be transition in 2015/16 to a new contract.

 

Source of fund and any variance to working funds

 

No extra funds required.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

Director of Engineering Services Report

ITEM 10.3    SF194              010508         Nambucca Water Supply - Midco Reservoir

 

AUTHOR/ENQUIRIES:     Richard Spain, Manager Water and Sewerage         

 

Summary:

 

The Midco Reservoir was constructed as part of the original Nambucca District Water Supply Scheme.  However as far as Council’s current operational requirements are concerned the reservoir is considered to be redundant and it acts solely as a water storage for Midco.

 

Although this has been the situation for some time Council has traditionally continued to take responsibility for maintaining the reservoir and upstream pipework within the Midco property even though it now effectively acts as a private reservoir. 

 

It is considered that Council would be better served by metering the Midco property at the boundary and treating the pipework and reservoir within the property as private infrastructure.

 

 

Recommendation:

 

1.   That Council advise Midco of the following:

 

·      that the reservoir is redundant as far as Council’s current and future operational requirements are concerned.

 

·      that Council will no longer maintain the reservoir and associated pipework within the Midco property boundaries as the reservoir has acted solely as a private storage for some time.

 

·      that the operation and maintenance of the internal pipework and reservoir shall become the responsibility of Midco.

 

·      that Council intends to install a meter arrangement at the Midco property boundary, consistent with water services to other large water consumers in the Shire.

 

2.     That Council install an appropriately sized standard meter arrangement on the incoming pipework  at the Midco property boundary and treat both the existing pipework downstream of the meter and the reservoir as private infrastructure.

 

 

OPTIONS:

 

There are no options other than to continue with the current arrangement whereby Council maintains the reservoir and accepts the associated ongoing costs.

 

 

DISCUSSION:

 

The Midco Reservoir was constructed as part of the original Nambucca District Water Supply Scheme. Since that time the installation of new high lift pumps and the construction of a second balance tank has meant that a number of components of that original system have become redundant.

 

Whereas the majority of these redundant components have been decommissioned the Midco Reservoir has remained and continues to be maintained by Council.  The reservoir is superfluous to Council’s operational requirements and now provides security of supply and firefighting capacity for the Midco site only and for all intents and purposes operates as a private reservoir.

 

Other larger volume water consumers in the Shire are metered at the boundary and must assess their own firefighting and storage requirements and provide and maintain their own internal infrastructure as considered necessary to satisfy current standards.

 

Council operational staff have advised that it is not unusual to be called out to the reservoir for maintenance related issues a number of times each year.  Within the last 18 months the following works have had to be undertaken:

·      repair to major break in branch line to the reservoir.

·      replacement of water level float control valve.

·      repair / replacement of valves adjacent to reservoir.

 

In recent times annual maintenance costs have run into thousands of dollars.  This cost will be eliminated if the Midco supply was metered at the property boundary and the infrastructure handed over to Midco.

 

In addition Council has no formal right of access to the reservoir. Previous attempts to negotiate the creation of an access easement with Midco have been denied.

 

Senior management at Midco has been consulted and have indicated that they have no objection to the proposal and in fact see some benefit to their operation in by passing the reservoir and having a direct connection to mains pressure.  Should Council proceed it will be Midco’s decision as to how they make use of the reservoir or modify the internal pipework.

 

 

CONSULTATION:

 

Director Engineering Services

Water and Sewerage Supervisor

Brian Kelly – Wingham Beef Exports (Midco)

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal has no environmental impact

 

 

Social

 

The proposal has no social impact

 

 

Economic

 

Council would gain a long term financial benefit from the proposal as they would be no longer responsible for the operation and maintenance of the reservoir and associated internal pipework.

 

 

Risk

 

There is considered to be no risks associated with the proposal.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a capital cost associated with the installation of a new meter arrangement on the incoming pipework at the Midco property boundary.  This is estimated to be in the order of $11,200.

 

There is a long term cost benefit resulting from the elimination of ongoing maintenance costs

 

 

Source of fund and any variance to working funds

 

The required funding can be included as an additional item in the 2008/09 budget.  Alternatively the funds could be sourced through contributions from a number of existing budget items such as reservoir maintenance, meter installations and reticulation upgrades.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

1 May 2008

Director of Engineering Services Report

ITEM 10.4    SF247              010508         Nambucca Heads Sewerage Scheme Upgrade

 

AUTHOR/ENQUIRIES:     Richard Spain, Manager Water and Sewerage         

 

Summary:

 

The NSW Department of Commerce Water Solutions Branch (NSW Water Solutions) have finalised a Revised Concept Report for the Augmentation of the Nambucca Heads Sewage Treatment Plant (NHSTP).  Considerable time and effort has been spent on reviewing and amending the original concept design with the aim of providing upgraded infrastructure that is fit for purpose and is free of the operational problems that are being experienced in some of Council’s existing plants.

 

NSW Water Solutions was requested to provide a proposal for the detailed design and tender documentation for the NHSTP and Transfer System Upgrade.  This upgrade has now become a high priority and NSW Water Solutions have intimate knowledge of all facets of the project and are in a position to commit their resources immediately should approval be given.

 

The proposal has now been received and is considered to be reasonable. The proposal also includes an Expression of Interest (EOI) component to short list preferred contractors that will be invited to participate in a follow up Early Contractor Involvement (ECI) process and finally to tender for the construction contract.

 

The proposal fee of $796,500 is within the design budget for the project and it is recommended that it be accepted.

 

Council intends to manage the design phase of this project on the basis that the proposal allows for NSW Water Solutions to convene, chair and minute meetings.  However it is recommended that a Project Manager is engaged to facilitate the procurement of a contractor and to manage the construction contract.  Commerce Coffs Harbour are considered to be the preferred option for this Project Management engagement due to their proximity and experience in managing similar infrastructure contracts on the North Coast including in this Shire.

 

 

Recommendation:

 

1        That Council accept the proposal from NSW Water Solutions for the preparation of detailed designs and tender documentation for the Nambucca Heads Sewage Treatment Plant and Transfer System Upgrade.

 

2        That Council seek a proposal from the Commerce Coffs Harbour Office for the Project Management of the construction phase of the project with a view to acceptance subject to the fee not exceeding the allowance for project management in the estimated scheme budget.

 

 

OPTIONS:

 

Do not accept the NSW Water Solutions proposal and go to open tender to procure the design consultancy engagement.  However it should be noted that Council does not have the resources to manage this process effectively and there would be significant cost associated with outsourcing the project management, not to mention further delays to the project.

 

 

DISCUSSION:

 

NSW Water Solutions were engaged to prepare a concept design for augmentation of the Nambucca Heads Sewerage Scheme including both the collection and transfer system and the treatment plant.

 

The concept design for the augmentation of the NHSTP has undergone a number of amendments as a result of the following:

·      Advice from the Department of Environment and Climate Change (DECC) which confirmed that the license agreement for the augmented NHSTP will require the discharged effluent to meet AMTEC standards.  This ruled out Council’s original preferred upgrade option that proposed to retain the existing trickling filter system.

 

·      Council adopting a recommendation to proceed with the proposed STP upgrade in two stages, with a Stage 1 capacity of 15,000 EP and a Stage 2 capacity of 20,000 EP

 

·      A Concept Design Review Workshop at which proposed means of improving the original concept design were discussed and adopted where considered appropriate.

 

On completion of the Concept Design amendments NSW Water Solutions were issued with a set of design brief notes and requested to provide a proposal for the detailed design and tender documentation for the Nambucca Heads Sewage Treatment Plant and Transfer system.

 

The proposal has now been received and is considered to be acceptable with a fee amount of $796,500 exclusive of GST but including estimated amounts for disbursements that will be charged at cost.

 

The NSW Water Solution proposal is considered to be the preferred option for the design consultancy engagement for the following reasons.

·      Council has already invested considerable time, money and effort in working through the Concept Design phase with NSW Water Solutions.

 

·      NSW Water Solutions have a significant level of experience in delivering design and documentation for sewerage system upgrade projects such as this.

 

·      NSW Water Solutions have an intimate knowledge of the project and are committed to an immediate start to the project should their proposal be accepted.

 

·        The proposal allows for NSW Water Solutions to convene, chair and minute all meetings such as design reviews and fortnightly progress teleconferences, taking the pressure of Council’s limited resources.

 

·      The fee offer is within the allocated budget for the design component of the project.

 

·      The proposal also includes an Expression of Interest (EOI) component that is aimed at providing Council with a short list of preferred contractors that may be invited to participate in a proposed Early Contractor Involvement (ECI) process and subsequently to tender for the construction contract.  It is considered that significant time can be saved in running the EOI process in parallel with the design.

 

·      This project is becoming critical and Council does not have the time or resources that would be required to prepare documentation for an open tender for the design consultancy.

 

Under Section 55 (3) of the Local Government (Tendering) Regulations 1999, it is not required to go to tender for a contract entered into by a Council with the Crown.

 

The completion of the EOI process provides a direct lead in to the ECI, tender and subsequent contract award.  Although Council proposes to manage the design phase of the project it is considered that the services of a Project Manager will be required to co-ordinate the construction procurement process and manage the construction contract.

 

The preferred option for this Project Management engagement is considered to be the NSW Department of Commerce in Coffs Harbour as they are local, have personnel with significant experience in project management of similar contracts and have a good record of managing the construction phase of major infrastructure projects for Council.

An early appointment of the Project Manager will reduce the risk of delays in the tendering process and commencement of the construction contract.

 

CONSULTATION:

 

·      Director Engineering Services

·      Department of Commerce, NSW Water Solutions.

·      Department of Commerce, Coffs Harbour.

·      Department of Water and Energy (DWE)

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The acceptance of the NSW Water solutions proposal will have no impact on the environment.  However the total upgrade project will provide a benefit to the environment.

 

The REF has assessed the environmental impacts of the proposed augmentation works and concluded that they are likely to reduce overflows from the reticulation system and will ensure that the quality of the effluent discharged from the STP will meet AMTEC standards.

 

Social

No significant social effects are anticipated.

 

Economic

The acceptance of the NSW Water solutions proposal will have minimal economic impact. However the completed project will increase the capacity of the Nambucca Heads Sewerage system and allow further residential and industrial development.

 

Risk

There is considered to be minimal risk in awarding the design consultancy to NSW Water Solutions as they have a proven record of delivering similar projects throughout the state over many years.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The preferred Stage 1 upgrade option is estimated to cost $8.6 million for works on the STP plus an additional $2.1 million for the works on the collection and transport system.  This is a total cost of $10.7 million.  Funding for the majority expenditure will be provided in the 2008/09 and 2009/10 budgets.

 

The annual operational cost for the new components of the STP has been estimated at $132,000.

 

Works for the proposed Stage 2 component of the STP upgrade are estimated to cost $2.5 million (2007 dollars) when required.

 

Source of fund and any variance to working funds

 

Funding required from Council will be provided from reserves and loans.

 

DWE have advised that this project will be subsidised as part of the existing Country Towns Water Supply and Sewerage program. The level of subsidy is expected to be in the order of 25% however this will only be confirmed once a tender for the construction has been let.

 

 

Attachments:

There are no attachments for this report.