Agenda of Ordinary Council Meeting

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.1 SF1111 161008 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. Please note that the status comments have been made one week before the Council meeting.

Recommendation:

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

		FILE NO.	COUNCIL MEETING		SUMMARY OF MATTER	ACTION BY	STATUS
MARCH 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.~~ ~~Programmed after riverbank work.~~ Revised to end of Nov 08
SEPTEMBER 2007
2		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. Draft RRS now on exhibition, with submissions being considered. Met with DoP 20/5 to further discuss Rural Residential & Farmland Mapping. Working towards a resolution.
DECEMBER 2007
3	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~~ By December 2008
4	SF791		06/12/07		Council apply to Minister and Governor to compulsorarily acquire certain lands from State Forests NSW following advice on a deed of agreement.	GM		Minister and Governor have now approved compulsory acquisition via land swap. Acquisition to be confirmed in Government Gazette in 90 days on 24 October 2008.
MARCH 2008
5	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.~~ Discussed at contract meeting. Domestic collection is satisfactory except for Gumbaynggirr Rd . Audit to be done of transfer station waste as contamination is high. No penalties at this time. Working Party is developing an approach whereby the penalty increases with the level of contamination.
APRIL 2008
6	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 received from DWE and forwarded to Mac’scon. Met with applicant’s consultant 22/5. Currently working through DWE issues. Follow up letter sent to Mac’scon 30/9/08
7	SF699		17/4/08		A report be brought forward on assessing the best arrangement for Town Services in subsequent years.	DES		Report December 2008.
MAY 2008
8	QWN 103		15/05/08		Enviro Saver Program – further investigations	DEP		Onsite inspection and assessment for the retrofitting and installation arranged for late August/September 2008. Rescheduled for Oct/Nov.
9	QWN 109		15/05/08		Road maintenance—Valla Rd near Pades and corner near Willies	DES		~~Money will be allocated from minor improvements when new budget starts~~ Rehab pavement in October. Work commenced
10	QWN 111		15/05/08		Second Hand Shop at Newville—water coming off street into storage shed	DES		~~Design being costed and proposed to~~ revise stormwater program to be included in 2008/09. Works have commenced, k&g outstanding. Letter to owner. Still awaiting k&g contractor.
11	QWN 112		15/05/08		Missabotti Rd—spraying of vegetation	DES		Revisit in Spring for lantana & other vegetation growth. Programmed for October. Specific herbicide required for lantana in February.
12	QWN 113		15/05/08		Stormwater Drainage—Macksville Industrial Estate – easement required?	DES		~~Design being prepared for easement~~. ~~Owners consent received. Preparation of survey plan completed~~. Solicitor to finalise.
13	SF35		15/5/08		That as a 6 month trial, Council amend the GM’s delegations so as to provide authority for functions under Part 4 of the EPA Act except where objections have been received and the application is “called in” by any Councillor.	DEP		Review to occur in December 2008.
JUNE 2008
14	~~SF15~~		~~05/06/08~~		~~NoM – That a report be prepared on the provision of toilets at the Macksville saleyards~~	~~MBD~~		~~Determine cost to hire a portaloo.~~ Report to Council 16/10
15	SF357		05/06/08		NoM – That Council investigate the establishment of a district map on the western wall of the pool complex as public art and apply funds set aside for the tourist office.	GM		Grant application made under Regional Arts Fund.
16	SF793		05/06/08		NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches.	DES		Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries.
17	SF755		05/06/08		GM or DES consult with Depot staff in relation to carrying out maintenance for the Rural Fire Service fleet.	DES		~~To be discussed with workshop staff then report to Council.~~ Contractor engaged.
18	SF844		19/06/08		Council send a delegation to the Minister for Water and Energy, the Hon. Nathan Rees to request confirmation of the Department’s subsidy for the Off River Storage Project.	GM		Letter sent 9/07/08. Letter written to Andrew Stoner MP on 24/09/08 seeking a follow-up.
19	QWN 139		19/06/08		Status of $120,000 public art entry statements to Nambucca Heads	GM		Advice being sought from Nambucca Heads Chamber of Commerce. Matter discussed with a Chamber rep on 28/8/08 who advised they are actively seeking grants and Council’s funds will be applied to the entry statements.
JULY 2008
20	QWN 150		03/07/08		Wash-away near Allan Proctor’s property on Rhones Creek	DES		~~Will be looked at same time as Brian Gaddes’ property~~. To be assessed.
21	QWN 152		03/07/08		Reconstruction of Sturdee Street	DES		Programmed for October/November 2008. Contractor engaged.
22	~~Item 5.2~~		~~03/07/08~~		~~Copy of independent engineering consultant’s report to all Councillors~~ ~~Progress report on works to Council~~	~~DES~~		~~Circularise consultant’s report.~~ ~~To be included in Budget review.~~
23	Item 9.4		03/07/08		Bowraville Theatre – amended budget report	GM		Letter sent 10/07/08.
24	Item 9.9		03/07/08		Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694	GM		Letter sent 15/07/08.
25	Item 9.1		03/07/08		Council form working party to resolve conflicting issues surrounding the use of footpaths	DEP		Working party meeting to be arranged August/September. To be deferred to after elections. Arrangements being made to hold meeting.
26	Item 11.4		03/07/08		That a new plan of management be prepare for Faringdon Playing Fields	DES		Awaiting outcome of grant application.
27	QWN 166		17/07/08		Road Base Repairs – Taylors Arm road near Johnston’s farm	DES		Listed.
28	SF360		17/07/08		Plan & costings be prepared for the Argents Hill hall – smaller replacement building –v- repairing existing hall.	DES		Meeting with CoM to ascertain their requirements. GM and Assets Officer met with 2 reps of CoM and Cr Flack on 8 August. Report to 16 October on options for demolition, repair, replace & hand over.
29	RF386		17/07/08		Council seek legal advice regarding withdrawing our interest from the rights of carriageway (Rhones Creek Road). That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.	DES		Advised from Land Titles referred to Solicitor for comment. No progress.
30	SF42		17/07/08		Revised Model Code of Conduct – seek co-operation of adjoining Councils to establish single conduct review committee – invite Mr Terry Perkins to participate – direction attention of staff to new Code – letter to all Committees of Management.	GM		Adjoining Councils notified. Letter sent to Terry Perkins. Remainder underway.
31	SF908		17/07/08		Request Minister for Planning for direction on a planning standard for sea level rise.	GM		Letter sent to Minister Sartor on 23/07/08.
32	SF283		17/07/08		List of areas in Council administration centre requiring work to ensure compliance with relevant standard for access for people with disabilities be referred to Council’s technical officers for assessment and if necessary a report be prepared for Council or the Access Committee.	DES		Audit to be undertaken by a Building Inspector and Community Manager.
33	LF3891		17/07/08		Access to timber mill – Nambucca Heads. Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.	DES		Report to November 2008 Council Meeting.
34	SF679		17/07/08		Waste Depot - Council tender for the weighbridge, gatehouse and associated infrastructure with the exception of road approaches which are to be undertaken by Council. There be a further report to Council on the outcome of the tenders and a detailed costing of the roadworks.	DES		~~Specification underway.~~ ~~Draft tender and specification document prepared.~~ Advertised 8/10, closes 5/11.
AUGUST 2008
35	QWN 172		07/08/08		Developers Refund (G & Y Wood) Scotts Head	DEP		~~Response letter sent to applicant and waiting further advice.~~ Seven day final courtesy letter send 26 August. No response—application to be refused.
36	QWN 173		07/08/08		How much stone moved from quarry to Valla	DES		To be determined for flood damage job at Henderson’s and near Coleman’s road.
37	~~QWN 174~~		~~07/08/08~~		~~Report on: Is tank water drinkable~~	~~DEP~~		~~Action sheet marked to DES in error. Information circulated to Councillors 24 September 2008.~~
38	NoM		07/08/08		Council seek quotations from landscape designers to prepare, in consultation with Joan’s Army, a landscaping Masterplan for riverfront from the Bridge to the public toilets.	DES		Report November 2008
39	QWN 169		07/08/08		Donnelly Welsh Playing Fields – Illegal Clearing – Council receive a report on the outcome of the referral to the DECC and NRCMA.	DEP		Letter sent 17/09/08. Response from NRCMA 29/9/08 advising that DECC are responsible for compliance. No response yet from DECC.
40	SF276		07/08/08		A report come back to Council on an amended Workplace Equity and Diversity Strategy which includes the designation of at least 2 positions for Aboriginal employment subject to the candidate being a suitable candidate.	GM		Report November 2008
41	~~QWN 181~~		~~21/08/08~~		~~Further discussions with Bridge Club regarding site/land for club house~~	~~MBD~~		~~On-going – report in Business Paper 2/10/08~~
42	QWN 183		21/08/08		Wilson Bridge – investigate the need for hotmix on bridge approaches on Kings Point side	DES		Settlement listed for levelling with street rehabilitation.
43	QWN 188		21/08/08		Dead trees to be removed at Peter Trisley’s and at the gravel dump on Valla road	DES		Listed.
44	~~QWN 192~~		~~21/08/08~~		~~New playground equipment Upper Taylors Arm village~~	~~DES~~		~~Will require a budget of $5,000 for a swing, slippery dip and softfall.~~
45	QWN 194		21/08/08		Cleanup roadsides at Bowraville – request from Lions Club	DES		Draft agreement prepared. Council’s insurers to review.
46	~~QWN 195~~		~~21/08/08~~		~~Public seating – Bowra Street, Nambucca Heads~~	~~DES~~		~~Letter sent to immediate businesses.~~ ~~Report to Council 16/10~~
47	QWN 196 DA 2006/143		21/08/08		Who authorised deletion of conditions for Hyland Park subdivision. Who authorised deletion of requirement for ecologist to check for koalas	DEP		As part of the revised lot layout and with more accurate survey information it was identified that the permit may not be required as the development was further than 40m from the bank of Deep Creek. The MBD sought to remove the requirement of an ecologist to some other qualified person and was advised that this could only be considered through a modification. Modified Application to come to Council for final authorisation.
48	~~SF820~~		~~27/08/08~~		~~Request Rural Fire Service to maintain all fire trails throughout the area. Request minutes of meetings for the past 12 months.~~	~~DES~~		~~Letter sent.~~ ~~Minutes received for new delegate and distributed.~~
49	SF1031		27/08/08		Defer review of Environment and Planning Department Policies to new Council	DEP		November 2008
50	DA2006/056		27/08/08		Council received a report on the standard width for cycleways and its implications for DCP 17.	DES		November 2008
SEPTEMBER 2008
51	QWN 197			04/09/08	Burn off maps to Council’s website	DEP		Maps to be available on website during October
52	QWN 202			04/09/08	Alberta St—stormwater rehabilitation driveway at eastern end to be rebuilt	DES		March 2009
53	QWN 198			04/09/08	Prevention of cane toad infestation	DEP		Letter sent 8/09/08. DPI advised 22/9/08 that matter has been referred to its Armidale office for reply.
54	QWN 199			04/09/08	Legal advice regarding right of carriageway on Gaddes’ property, Rhones Creek	DES		Still awaiting legal advice.
55	SF261 Item 9.1			04/09/08	Council write to the RTA re process they will be adopting in advising persons about the proposed highway upgrade	DEP		Letter sent 16/9/08. Response received 2/10 – copy attached.
OCTOBER 2008
56	QWN 204			02/10/08	Copy of final Structure Plan provided to Councillors	DEP		A copy of the Structure Plan is available on Council's website in sections for easier downloading, however a hard copy of the document can be made available to any interested Councillors
57	QWN 205			02/10/08	High voltage sign removed from boardwalk at Riverside Drive NH –is obstructing vision	DES		Sign to be relocated to riverside of boardwalk.
58	QWN 206			02/10/08	Report to Council for resolution in order to retain development application statistics in business paper	DEP		Report to be prepared for November Council meeting
59	QWN 207			02/10/08	Section 94 Contribution Planner’s next meeting with Council	GM		Mr Potts has been invited to attend the General Purpose meeting 15/10 but has a prior commitment to Bellingen Shire Council. Report will be presented on 15/10/08.

Attachments:

1View

2472/2008 - Advice of information as to how the RTA responds to Property Information Inquiries relating to the Pacific Highway upgrade from Macksville to Urunga

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.2 SF1222 161008 Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council has received a request from the Nambucca Valley Nudist Group to designate a section of beach at Valla Beach as a clothes optional beach for the purpose of nude swimming and other related social activities.

The Local Government Act 1993 enables Council to designate a beach or a section of beach for the purposes of nude bathing.

It is proposed that Council refer the request to its Valla Beach Urban and Hall Management Committee for comment. It is a Section 355 Committee of Council charged with consulting the local community and to developing initiatives for the betterment of that community.

Given perceptions associated with nude beaches attracting perverts and associated crime it is proposed that Council also seek the views of the NSW Police Force to the proposal.

Recommendation:

1 That Council refer the request by the Nambucca Valley Nudist Group to the Valla Beach Urban & Hall Management Committee for their comment.

2 That Council seek the views of the NSW Police Force in relation to the request and in particular the relationship, if any, between declared nudist beaches and crime.

OPTIONS:

Council has a range of options from not supporting the request; to undertaking consultation and investigation or supporting the request. It is recommended that Council undertake consultation with the residents of Valla Beach through Council’s Section 355 Committee being the Valla Beach Urban and Hall Management Committee.

DISCUSSION:

Council has received a request from the Nambucca Valley Nudist Group to have a section of a beach under the control of the Nambucca Shire Council designated clothes optional for the purpose of nude swimming and other related social activities.

According to the information provided, the Nambucca Valley Nudist Group is a group of approximately 20 local residents who meet regularly under the auspices of the Australian Nudist Federation’s (ANF) Supporter Club. The aim of the group is to meet regularly in a safe family orientated environment and enjoy the health and leisure benefits of the nudist lifestyle.

The area of beach proposed to be used is about 100m south of the entrance to Deep Creek and is approximately 300m long.

A detailed submission and plan showing the location of the beach area is attached.

The legislation concerning nude or “clothes optional” bathing is set out in the Local Government Act 1993.

633 Bathing (including nude bathing) and other water-based recreational activities

(1) A person who, in a place being:

(a) a public bathing place under the control of a council, or

(b) a river, watercourse or tidal or non-tidal water, or

(c) the sea adjacent to (although outside) an area, or

(d) a public place adjacent to any of those places,

fails to comply with the terms of a notice erected by the council is guilty of an offence.

Maximum penalty: 10 penalty units.

(2) A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.

Maximum penalty: 10 penalty units.

Council has established the Valla Beach Urban and Hall Management Committee under Section 355 of the Local Government Act for the purposes of amongst other things:

* to endeavour to make Valla Beach a safe and environmentally friendly place for all residents

* to promote and foster such activities which will be of benefit to all age groups.

It is an active Committee which works to foster consultation with the Valla Beach community. It would be appropriate for Council to refer this request to the Committee for their assessment prior to making a final determination.

CONSULTATION:

It is proposed that there be consultation with the Valla Beach Urban & Hall Management Committee which has a broad role in fostering community activities in the Valla Beach area on behalf of Council providing a summary of community views.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The social implications will depend upon how the proposal is received by the community.

Economic

There are no significant economic implications. The background material indicates that there may be some positive tourist outcomes if the proposal were to proceed.

Risk

The proposal canvasses some of the perceived drawbacks with clothes optional beaches. It is acknowledged that there are perceptions that nude beaches attract voyeurs or perverts but there is no data available to support or refute such perceptions. For this reason it is proposed to seek comment from the local police.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no budgetary implications.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

1View

23358/2008 - Request to make part of Valla Beach a nudist beach

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.3 SF360 161008 Future of Argents Hill Hall

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

In July 2008 the Argents Hill Hall was closed as it was deemed unsafe. At Council’s meeting on 8 July 2008 it was resolved to investigate the cost of a replacement Hall –v- the cost of repairing the existing Hall and that the decision to demolish the Hall be deferred for six months.

A cost estimate has been prepared for both repairing the existing Hall and for providing a replacement building. Because of the slope of the land a new site would need to be acquired which has not been included in the cost estimates. Taking into account the cost of demolishing the Hall and acquiring a new site the cost of repair or replacement are likely to be of a similar order.

Council does not have and will not have the financial resources to retain relatively high maintenance and low use buildings such as the Argents Hill Hall. It has no reserves available and besides the Argents Hill Hall has substantial funding requirements for better utilised facilities.

However the Hall’s Committee of Management is keen to retain the building for use by the Argent’s Hill community. In principle there is no objection to the application of funding which would have been required for demolition towards the cost of the building’s repair provided the Department of Lands is agreeable to transferring trusteeship from Council to a trust managed by the local community. If the community, assisted by Council, is able to garner some grant funding then the wishes of the community and the financial imperatives of Council could be satisfactorily resolved. The building would no longer be a liability for Council and repairs could be effected that would ensure its future for at least the medium term.

Recommendation:

1 That Council offer $40,000 towards the cost of repairing the Argents Hill Hall conditional upon the Department of Lands agreeing to transfer trusteeship from Council to a trust managed by either an incorporated association or a community Trust Board and having an incorporated association or community Trust Board willing to accept that responsibility.

2 That this resolution and report be conveyed to the Argents Hill Hall Committee of Management and to the Department of Lands.

OPTIONS:

In relation to the recommendation there are options in relation to the quantum of the offer towards the cost of repair. The proposed $40,000 is more than the cost which would be incurred by Council if it were to demolish the Hall. It is also a substantial sum which should assist in attracting supporting grant funding from other levels of government and the private sector.

Council could also resolve to seek the concurrence of the Department of Lands to demolish the Hall.

Alternatively Council could retain its trusteeship in which case there will be an on-going expectation from the Argents Hill community that Council will meet the costs of repair regardless of the available grant funding. This option is not recommended as Council does not have and will not have the financial resources to retain all of its public buildings and must look to rationalise its stock of public buildings and Halls and particularly those with high maintenance and relatively low usage and where satisfactory alternatives exist.

DISCUSSION:

The Argents Hill Hall is located on North Arm Road, approximately 13 kilometres west of Bowraville. The Hall is located on Crown land, although there is an 18 sq m encroachment onto private land which is in the process of being transferred to the Crown. Council is the trust manager of the land and has delegated authority for the operation of the Hall to a Committee of Management under Section 355 of the Local Government Act.

The condition of the Argents Hill Hall has been the subject of a number of reports to Council over many years.

On 2 October 2003, Council resolved as follows:

“That the Committees of Management for Warrell Creek Hall, Argents Hill Hall, Burrapine Hall and Missabotti Community Centre all be advised of the work required to be carried out immediately and essential as a place of public entertainment, in order to keep the various premises open as Halls/places of public entertainment, pointing out that Council is looking to the Committees to undertake these works as Council cannot justify the expenditure involved, given the poor usage record in each case and further pointing out that if these essential works are not attended to then Council will have no alternative other than to close the respective Halls down”.

On 21 June 2007, in a major report to Council on all of its community Halls and buildings, the Director Corporate Services reported as follows:

“Condition of the Hall

The photographs highlight the very dilapidated external condition of the Hall. The external cladding needs to be re-nailed and defective cladding repaired or replaced. The windows and doors need replacing. The Hall needs an annual termite inspection.

The Hall was storm damaged in 1978 and significant water damage occurred to the ceiling and floor. There is no disabled toilet. The exits are not evenly distributed throughout the building and there are no thresholds at the exits. The main Hall is not fire separated from the remainder of the building. The main switchboard is not in the correct location.

The building contains asbestos that has minor cracks and holes.

The Hall is not licenced as a POPE. The potential licence capacity is 125 people.

Capital Expenditure

The following major costs were identified in 2004.

· Ceiling and internal walls $2,500

· Windows and architraves $4,000

· External cladding $2,000

· Painting external/internal $13,000

· Access and thresholds $1,000

· Unisex disabled WC $15,000

TOTAL $37,500

An assessment of the electrical circuits has not been completed and the costs of fire separation of the main Hall and relocation of the exits are not included in the above amount.

Operating Costs

The Committee’s financial activities for July 2006 to May 2007 are expenditure of $310.95 and income of $188.00. The Committee has a bank balance of $1,100 as at 31 May 2007.

Council has spent $1,568.00 in maintenance and repair during 2006/2007. The Hall is not on Council’s property schedule (for insurance).

Community Benefit

The Hall is currently used by the community for a Christmas party each year attended by up to 100 people. The Hall is hired once or twice a year for private functions such as a birthday party.

The Committee currently holds fortnightly carpet bowls on a Friday night during the summer attended by up to 10 people. Carpet bowls are also held once during each school holiday period and can be attended by up to 20 people.

The Hall is not licenced as a Place of Public Entertainment (POPE). The majority of the capital works would have to be completed to be issued with a licence.

The Hall is unviable in its present condition and based on current and past usage, there is no justification to undertake the $40,000 to $50,000 of capital works to enable the issue of a POPE. There is no possibility of the Hall being able to financially contribute to the capital works.

Future of the Hall

The land and building are worthless having no residential building entitlement.

The sale and relocation of the building may be possible, however the condition of the building and OH&S issues would need to be assessed.

The use of the Hall has fluctuated over the years and greatly depends on the enthusiasm of one or two members of the community. There have been years when the Hall was only used once a year and some years never used. The current committee is encouraging use of the Hall however the involvement of the community is cyclical. The Hall is not a licenced POPE.

The Hall has not been utilized to the extent that the closure of the Hall will have a significant impact on the community of Argents Hill. The Hall is 13 kilometres from Bowraville.

At that meeting on 21 June 2007 it was recommended that Council close Argents Hill Hall and call tenders for the purchase and removal of the building. However Council resolved:

“To defer closures of any Halls for twelve months to allow the Committees of Management to consider their long term financial sustainability”.

Council also resolved to offer guidance and support to Committee’s regarding grant applications and determine accurate costings to complete the capital works needed for each facility.

The General Manager attended the Annual General Meeting of the Argents Hill Hall Committee of Management on 27 August 2007 and advised that of the appointment of a Grants Officer to assist the Hall committee and that, “the Halls can help their cause by undertaking independent fund raising activities, both at a local level, and by applying for grants”.

Following an inspection of the Hall by Council’s new Technical Officer for Assets on 8 July 2008 there was a report to Council’s meeting on 17 July 2008.

The report noted the outcome of the inspection on 8 July 2008 and the key deficiencies as:

· Ceiling and wall linings contained chrysotile asbestos and are not encapsulated over the kitchen door, on the wall at the western end of the Hall, at the ceiling lining joints where they have sagged and exposed raw edges, in the room behind the stage where there is no lining on the back of the wall leaving the back of the asbestos sheets exposed.

· An old 5 gang light switch made from bakelite has two broken switches which has exposed the terminals. It was not able to be determined whether they were alive or not but the wires were still fastened in the terminals. The President of the Hall Committee of Management was spoken to on the day and he advised that he would barricade the switches immediately.

· The ceiling lining in the centre of the Hall has come away from the roof timbers approximately 200mm with the real possibility for this lining to collapse.

· The double power point in the kitchen is loose on the wall.

· There are many electrical concerns and an electrical audit would be needed.

· The Hall is still being hired out for functions and does not have a POPE licence and the emergency lighting is non compliant.

· Two piers under the stage are missing leaving two bearers unsupported. It is possible that with a live load on the stage it could collapse.

· The rear section of the building has sunk considerably which is pulling the building apart. Internal doors now do not shut.

· A considerable amount of rot has occurred in many of the timber elements of the building including bearers, joists, timber cladding, windows, doors, door jambs, wall studs, facia boards, barge boards, architraves and other mouldings.

The cost of repairing and upgrading the Hall will be high and is not considered to be a realistic option. A basic replacement building is the only option to not replacing the Hall. This would be subject to obtaining funding through grants and Council’s revenues.

The issue to be addressed immediately is to secure the building so that no one is exposed to the asbestos or the unstable nature of the building.

The course of action adopted has been to close the Hall and secure it to prevent use. Seeking quotations on demolition will follow.

It was recommended that Council note the closure of the Hall; that a plan and costing be prepared to provide a smaller replacement building constructed of steel and colourbond clad with a kitchen and amenities with a view to applying for a grant; that Council note that the unsafe condition of the building has been reported to Council’s insurers due to the public liability exposure; and that Council proceed to demolish the building after obtaining at least 2 quotations.

In relation to the report, Council resolved as follows:

1 That Council note that the Argents Hill Hall has been closed.

2 That a plan and costings be prepared to provide a smaller replacement building constructed of steel and colourbond clad with a kitchen and amenities with a view to applying for a grant and a plan and costing for repairing the existing Hall also be prepared for comparison.

3 That Council note that the unsafe condition of the building has been reported to Council’s insurers due to the public liability exposure.

4 That the decision to demolish the Hall be deferred for six months and that the plans and costings be prepared for comparison purposes for firstly replacing the Hall with another building and secondly, for restoring the existing Hall.

That the notice on the door of the Hall be replaced, removing reference to demolition and advising of the process which is to be followed.”

Since the resolution on 8 July 2008 there has been further consultation with representatives of the Committee of Management and the Department of Lands.

Representatives of the Committee of Management have expressed a strong preference for the retention of the existing Hall rather than a replacement building.

The Department of Lands have advised that Council would need to consult with them in relation to any proposal to demolish the building or any change to the trustee arrangements.

Costing for repairing the existing Hall

Council resolved that a costing for repairing the existing Hall be prepared.

This has been undertaken to the best of the ability of the Technical Officer – Assets. Given the nature, age and condition of the building it is impossible to provide an accurate costing as the condition of much of the building’s structural elements will only be revealed when cladding is removed. There is a real possibility that additional structural repairs will be required once rotten cladding is removed.

The schedule of the indicative costs for repair is as follows:

New kitchen $20,000

Disability access $5,000

Replace rotten weather boards on northern wall $500

Replace rotten timber windows on northern wall $2,000

Replace stairs and hand rail on northern wall $1,200

Replace broken light on northern wall $100

Replace rotten timber on southern wall $2,500

Replace rotten door on southern wall $250

Replace rotten timber window on southern wall $700

Replace rotten verandah decking on southern wall $200

Replace rotten handrail on southern wall $250

Replace rotten timber on eastern wall $1,000

Replace rotten fascia on eastern wall $400

Replace rotten windows and broken glass on eastern wall $1,200

Stabilise western wall (has considerable movement through rot in studs) $4,500

Replace rotten closing strip on door on western wall $100

Whole building should be renailed and corroded fasteners replaced $10,000

Install ladder brackets to roof $300

Install roof anchor points $2,500

Replace corroded plumbing $1,000

Reinstate footings $5,000

Replace piers $3,500

Replace rotten bearers $2,500

Lift and fix sagging ceiling $5,000

Electrical tagging $300

Rewiring building $5,000

Install smoke detectors $1,000

Replace broken earthenware outlet pipe to septic $200

Internal painting (considerable preparation) $15,000

External painting (considerable preparation) $20,000

Floor resealing $3,000

Construct unisex disability toilet $15,000

TOTAL $129,200

Costing for Replacement Building

9m x 12m shed delivered $14,000

Erection of shed $6,000

Concrete slab $10,000

Kitchen $10,000

Toilets with plumbing and septic (1 male, 1 female, 1 disability) $20,000

Breakout doors $5,000

Lighting and electrical including connection $5,000

Exit lights and evacuation plans $2,000

Fire extinguishers $1,000

Partition walls and general carpentry $5,000

Carpark and disability access $7,000

TOTAL $85,000

The slope of the existing site is such that a replacement building would best be located on other land. The acquisition cost of an alternative site has not been estimated.

Costing for Demolition of the Existing Hall

The option for a replacement building would also need to consider the cost of demolition of the existing Hall. Because of the size of the structure and its asbestos linings, the demolition costs are not insignificant. A quote of $33,500 has been obtained for the purposes of quantifying the cost of demolition.

Proposal for Future of Hall

Council needs to consider the funding requirements for the repair or replacement of the Argents Hill Hall in the context of other Halls and buildings in its ownership which are likely to incur significant costs within the foreseeable future. It should be noted that Council has no reserves for the repair or replacement of such buildings nor has Council sufficient working funds to carry the cost of such works. The Pioneer Community Centre and the major amenities block at Coronation Oval are two facilities which have more use than the Argents Hill Hall and which will require major expenditure in the foreseeable future.

Consistent with Council’s resolution in June 2007, contact has been made with the Secretary of the Hall Committee with a view to providing the Committee with assistance in preparing grant applications for funding under the Area Assistance Scheme; the Helping Hands Grants Scheme and the Department of Lands Public Reserve Management Fund.

It is proposed that Council offer the Hall Committee of Management $40,000 towards the cost of repairing the Hall to supplement any grant income which might be received. This offer would be conditional upon the Department of Lands agreeing to transfer trusteeship from Council to a trust managed by either an incorporated association or a community Trust Board and having an incorporated association or community Trust Board willing to accept that responsibility.

The reason Council should seek to remove itself from trusteeship is that given competing funding priorities it cannot justify the anticipated repair costs given the previous and likely future usage of the Hall; the alternative meeting places which are available in Bowraville and the on-going liability of maintaining an old building.

CONSULTATION:

There has been consultation with the Committee of Management and the Department of Lands. The Department of Lands has advised that funding for the repair of the Hall may be available under their Public Reserve Management Fund. This suggestion will be pursued with a grant application.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

Public Halls have and continue to play an important role in the social fabric of the community. This is reflected in attendance at Council meetings whenever the financial viability of certain Halls is discussed.

Economic

There are no economic implications.

Risk

The Hall will remain closed until such time that repairs are undertaken to make it safe for use.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

No budget provision has been made for the demolition of the Argents Hill Hall nor the offer of $40,000 in funding towards the repair of the Hall.

Source of fund and any variance to working funds

The provision of funding towards either the repair of the Hall or its demolition will need to be met from working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.7 SF880 161008 Headland Museum Extension - Resolution to Offer the Nambucca District Historial Society a Loan of $16,000

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Nambucca District Historical Society requested that Council provide funding support for the recently completed museum extensions. Taking into account a grant of $25,000 they had a funding shortfall of $16,000 to complete the building works. Council resolved to, “offer the Nambucca District Historical Society a loan of $16,000 for their proposed museum extension”. A recent discussion with the President of the Committee of Management revealed that he and the Historical Society were unaware that the funding was in the form of a loan and not a grant. A review of the income and expenditure for the Historical Society since January 2008 indicates an average monthly income of $210.58 and an average monthly expenditure of $377.89. Given this it would likely take decades to repay even an interest free loan at the same time that Council expects the Committee of Management to operate and maintain the museum. In the circumstances it is recommended that the loan be converted to a grant.

Council will be issuing an invoice to the Nambucca District Historical Society for $4,000 being the funds they offered to commit to the project.

Recommendation:

1 That the proposal to provide a loan of $15,500 to the Nambucca District Historical Society be converted to a grant.

2 Council note that an invoice will be issued to the Nambucca District Historical Society for $4,000 being the funds they offered to commit to the project.

OPTIONS:

Council can maintain its position and treat the $15,500 as a loan. However no repayment period was specified.

DISCUSSION:

On 19 April 2007, the Nambucca District Historical Society wrote to Council requesting that funds be set aside in the 2007/2008 Council budget to assist with the construction of the recently completed museum extension. They set out their financial position as follows:

To complete building to the lock up stage $40,000

Material to enable volunteers to complete extension $5,000

Total $45,000

Funds available

Grant (currently administered by Council) $25,000

Cash on hand $4,000

Short fall $16,000

A copy of their letter is attached.

At a budget workshop on 23 April 2007 it was resolved that, “Council offer the Nambucca District Historical Society a loan of $16,000 for their proposed museum extension”.

The extension has now been completed and was reported to Council’s meeting on 19 March 2008 with the following acquittal of funds:

Premier’s Department Grant $25,000 (ex GST)

Historical Society $4,000

Council loan (to be repaid) $15,500

Total $44,500

Contact has been recently made with the Historical Society who were unaware that it was a loan and not a grant from Council.

Reviewing the income and expenditure statements submitted by the Committee of Management for their B.A.S since January 2008 indicates the Committee of Management achieved an average monthly income of $210.58 and an average monthly expenditure of $377.89. Some of the expenditure related to work to complete the fit out of the extension. As at 30 July 2008, the Historical Society had a credit balance in their general (operating) account of $2,031 and a credit balance in their building fund account of $5,601. However of this $5,601 balance, Council will be issuing an invoice for $4,000 being the Historical Society’s contribution to the extensions.

Plainly, given the income and expenditure of the Historical Society which is mainly associated with the Headland Museum, it is going to take many, many years, probably decades to repay even an interest free loan of $15,500. At the same time Council will be seeking the assistance of the Historical Society to operate and maintain the Headland Museum.

In the circumstances it is not considered realistic to pursue a loan for $15,500 and instead it is recommended that it be converted to a grant from Council.

CONSULTATION:

There has been consultation with the Nambucca District Historical Society in their capacity as the Committee of Management for the Headland Museum.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

It is important that Council’s volunteer Committees of Management are provided with support, albeit within the financial means of Council. They enable Council to provide many important social and cultural services, which otherwise would be beyond Council’s means.

Economic

There are no economic implications.

Risk

Risk is mainly associated with a loss of motivation amongst volunteers.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Whilst Council resolved to, “offer the Nambucca District Historical Society a loan of $16,000 for their proposed museum extensions”, it was interest free and without any stipulation as to a repayment period. A review of the Historical Society’s income and expenditure indicates that the only feasible repayment schedule would be over such an extended period that the financial support would, in any case, be more akin to grant than a loan.

Source of fund and any variance to working funds

There will be an impact on working funds being the effective difference between an interest free loan over an extended period and a grant. In all likelihood this is not going to be a significant difference.

Attachments:

1View

8278/2007 - Request for funds to be set aside in 07/08 Council budget for help with construction of approved extension to Museum

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.8 SF15 161008 Report on the provision of toilets at the Macksville saleyards

AUTHOR/ENQUIRIES: Steven Williams, Property Officer

Summary:

Council has resolved that a report be prepared on the provision of toilets at the Macksville saleyards.

Currently the toilet amenities available to saleyard patrons are situated in the showground complex approximately 100 metres from the saleyards.

Enquires were made by the Director of Engineering as to the feasibility of constructing a dedicated amenities block closer to the saleyard complex. It was estimated that the approximate cost of such a facility would be in excess of $100,000.00. The author understands Council decided not to pursue this option as a new toilet block was not considered warranted for the sale yard operation.

Subsequent enquiries have been made into the provision of portable toilet facilities to be insitu on sale days.

Quotes have been received with the most affordable being in the approximate amount $3,000.00 per year.

The 2008/09 operating budget accounts for a net operating deficit based on budgeted revenue, expenses, acquisitions, maintenance and corporate support.

Available funds should be directed to saleyard issues of higher priority than the provision of additional toilet facilities.

Recommendation:

That Council not pursue the provision of additional toilets at the Macksville Sale Yards as adequate facilities already exist.

OPTIONS:

· Provide three portable toilets as per special event guidelines standards.

· Provide one portable toilet to supplement the showground amenities.

DISCUSSION:

It is understood that the request for a report to be prepared was on the basis that there have been recent events at the saleyards involving many visitors. By way of example Cr Moran submitted the recent Showjumping championship and commented that “Whilst toilets are available at the Showground they are a distance away which is inconvenient, especially at night”. The provision of a toilet block on the Eastern side of the Showground complex would provide greater convenience to saleyard and showground patrons.

Currently the toilet amenities available to saleyard patrons are situated in the Showground complex approximately 100 metres from the Saleyards. At a casual strolling pace it takes approximately 1 minute to walk across a level grassed area to the Showground amenities block

The Director of Engineering has submitted cost estimates for the construction of a dedicated toilet block in excess of $100,000.00.

Quotes for the provision of portable toilets amount to approximately $2,500.00 per year (for a single portable toilet) or in excess of $9,000.00 (for three toilets - required as the minimum standard for stand alone events).

The Saleyard Manager has advised that patronage levels on sale days are between 60 (average) to 100 (on heavy sale days). Sales are held generally between 9.00 am and 1.00 pm. The Saleyard Manager advised that the provision of toilets would be well received but that “other improvements to the yards should take priority”.

Whilst it is acknowledged that the provision of toilets would be more convenient to saleyard patrons, and further, that the construction of an amenities block would be a positive improvement to the infrastructure at the Showgrounds there are significant other improvements that should be prioritised over such a service.

In particular attention is required to the improvement of the sale ring seating arrangements. Current arrangements have been identified by Council’s Safety and Risk Officer as posing a potential injury risk. This will necessarily incur relatively significant expenditure. Future attention is also required to effluent management at the yards and the completion of upgraded fencing.

CONSULTATION:

Safety and Risk Officer

Director Engineering Services

Saleyards Manager

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues arising from this report.

Social

There are no social issues arsing from this report.

Economic

There are no economic issues arising from the recommendations.

Risk

There are no risk issues arising from the recommendations.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

No impact on budgets unless it is resolved to pursue the construction of an amenities block or provide portable toilets on Sales days.

Source of fund and any variance to working funds

Funds are not required for the recommendation.

If either of the options is pursued additional funds would need to be drawn form working funds to supplement the saleyard operating budget in the amounts quoted above.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.9 SF1186 161008 Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Optus Mobile is proposing to erect a mobile phone base station on the Macksville Water Reservoir in Wallace Street, Macksville. There has been significant complaint from residents in relation to this proposed telecommunications facility. At Council’s meeting on 7 August 2008 it was resolved to hold a public meeting in relation to the matter. This public meeting occurred on 22 September 2008 with about 30 concerned residents in attendance. The meeting enabled Optus to present information and data as to the factors considered in locating mobile phone base stations Their assessment is that there are only two viable locations for such a base station to serve their customers being on a light pole in the Allan Gillett oval or on the water reservoir in Wallace Street. The preference of Optus is for the water reservoir in Wallace Street.

Council has no authority to regulate the placement of such low impact telecommunications facility. Under the Federal legislation the Carrier has general powers to enter land; to install a low impact facility and to maintain that facility. The Carrier is obliged to undertake a public consultation process.

However it is understandable that the community is concerned about a consultation process where it is left to the Carrier to finally make a decision weighing competing considerations including cost. There is an obvious perception that the Carrier has a conflict of interests.

Recommendation:

That Council advise the Australian Communications and Media Authority that it objects to the provisions of the Telecommunications Act 1997 which allows Carriers to locate “low impact facilities” as it has a conflict of interests in weighing competing considerations such as community opinion and cost.

OPTIONS:

Council has no authority under the Telecommunications Act 1997 (Commonwealth) to regulate “low impact facilities”. Under the Industry Code for the Deployment of Mobile Phone Network Infrastructure Council is not responsible for the community consultation process. Council, like the community, has the opportunity to make a submission on the proposal to locate a low impact telecommunications facility on the Wallace Street reservoir.

Council has negotiated a lease for the use by Optus of the water reservoir for the placement of a mobile phone base station and antennae (low impact facility) but Optus have a right to install a low impact facility regardless.

Council could recommend an alternative location for the telecommunications facility. Optus have indicated that for operational reasons there are only two viable site options being either the Wallace Street reservoir or utilising an existing lighting pole on the Allan Gillett oval. Attached plans show there are more properties within a 500m radius of the Allan Gillett oval than the Wallace Street water reservoir.

DISCUSSION:

Council will be aware of significant complaints from residents in relation to this proposed telecommunications facility. The matter was reported to Council’s meeting on 7 August 2008.

The Telecommunications Act 1997 (Commonwealth) is the applicable legislation in terms of the placement of telecommunications for mobile telephones.

Schedule 3 of the legislation provides a Carrier with general powers in relation to “low impact” facilities to enter on land to determine if it is suitable for the Carrier’s purposes; to install a facility on land and to maintain the facility.

Council has no authority to seek a development application for this work.

Under the Industry Code for the Deployment of Mobile Phone Network Infrastructure, otherwise known as the ACIF Code, Carriers (not Council) undertake a community consultation process in line with Sections 5.4 and 5.5. The Code provides that the Carrier notify Council about the work and before commencing the proposed work the Carrier must carry out community consultation in accordance with an adopted plan.

Council received a letter from Connell Wagner on behalf of Optus on 7 July 2008 advising that they had determined that a site on the existing water tower at 85 Wallace Street as being the most appropriate location for a mobile phone base station. Further that the base station is classified as Low Impact under Schedule 3 of the Telecommunications Act 1997 and therefore does not require a development application. The purpose of the base station is to introduce Optus’ new WCDMA 900 data and voice mobile phone service in the local area. The letter included their proposed consultation plan.

Council received a further letter from Connell Wagner dated 16 July 2008 inviting Council to provide written comments on the proposal until 15 August 2008. The letter advises that at the end of the consultation period, Optus will provide Council with a report detailing the outcome of the consultation and notifying of their intended actions regarding the proposal. Optus states it will not commence the work until after the report has been given to Council. A copy of this report is attached.

At Council’s meeting on 7 August 2008 it was resolved as follows:

1 That Optus Mobile be requested to provide appropriate technical and management staff to attend a public information and question and answer meeting in Macksville and that the period for written comments be extended until one week after the meeting. Further that the Optus staff to attend the meeting be requested to specifically address concerns about electromagnetic radiation and their reasons for preferring the water reservoir site.

2 That Council offer the use of the Council Chambers to Optus Mobile for the public information and question and answer meeting.

3 That Optus Pty Ltd be requested to address their compliance with the ACIF Code.

The public meeting was conducted on 22 September 2008 in the Council Chambers with about 30 concerned residents being in attendance. Also in attendance were Councillors Hoban (Chair), South, Smyth, Flack, Mr Greg Pierce from Luke Hartsuyker’s office, the General Manager and Manager Water and Sewerage. Apologies were received from Councillors Ainsworth and Moran.

Optus Mobile Pty Ltd was represented by Mr Howard Game (Acquisitions Manager), Mr Lance Lin (Project Manager), Mr Alan Shand (Radio Frequency Engineer), and Ms Laura O’Connell (Environmental Planner, Connell & Wagner).

Mr Game provided a briefing on the operational requirements of a mobile telephone network; their assessment of site alternatives within Macksville; and the power output of a typical mobile telephone base station compared to health standards.

He advised that for operational reasons the only viable options for a mobile base station for Macksville were either an existing light pole on the Allan Gillett oval or on the water reservoir in Wallace Street. Whilst both of these options were viable the preference of Optus was for the water reservoir as it was forecast to provide better coverage to areas to the west of the Wallace Street ridgeline including the industrial area.

He advised that actual EMR transmissions from mobile telephone base stations were often 1% or less of an already conservative standard and that AM/FM radio and television were far more significant contributors to EMR. He also advised that maximum EMR transmissions did not occur immediately adjacent to an antennae but at some distance, depending upon the topography. This is because the antennae are angled slightly towards the ground.

There was discussion about the “trade-offs” associated with antennae placement being that less optimal sites would require greater transmission power and EMR than optimal sites and that adaptive power receivers mean that a mobile handset will increase power and hence EMR to receive a poor signal.

Optus also made available information packs from the Australian Communications and Media Authority concerning mobile phone towers and EME.

In order to compare the two alternative sites, maps have been prepared indicating the properties within a 500m radius of each site. These maps are attached. They indicate there are actually more properties within a 500m radius of the Allan Gillett oval than the Wallace Street water reservoir.

The decision as to the location of the mobile telephone base station is ultimately a matter for Optus operating within the Telecommunications Act 1997 and the Industry Code for the Deployment of Mobile Phone Network Infrastructure. However it is understandable that the community is concerned about a consultation process where it is left to the Carrier to finally make a decision weighing competing considerations including cost. There is an obvious perception that the Carrier has a conflict of interests.

CONSULTATION:

There has been an extended consultation process including a public meeting in the Council Chambers.

SUSTAINABILITY ASSESSMENT:

Environment

According to the briefing provided by Optus there are no significant implications for the environment.

Social

Many residents are concerned about the placement of low impact telecommunications facilities in residential areas.

Economic

Enabling competition amongst mobile phone Carriers is in the interests of the community.

Risk

According to the briefing provided by Optus there are no significant risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The only sites identified as viable options are located on Council land, either of which would require a lease. Whilst there would be no difference in income, in terms of Council’s funding the lease payments for the water reservoir site would be directed to the Water Fund whilst the lease payments for Allan Gillett Oval would be directed to the General Fund. The negotiated annual rental for the water reservoir site is $11,570 subject to a 5% increase each year.

Source of fund and any variance to working funds

Any income from a lease has not been budgeted for and would need to be brought to account in a budget review.

Attachments:

1View	24748/2008 - 500m radius of Optus Antennae on Wallace Street Water Reservoir
2View	24746/2008 - 500m radius of Optus Antennae on Allan Gillett Oval
3View	25223/2008 - Summary Report for NSW Meeting 16 October 2008 - Optus Mobile Pty Ltd - from Connell Wagner

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.10 SF1126 161008 Financial Reports - 30 June 2008

AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant; Craig Doolan, Manager Financial Services

Summary:

Council is required to make declarations under Section 413(2)(C) of the Local Government Act, Local Government Code of Accounting Practice and Financial reporting as per the following recommendations and detailed in the discussion.

Recommendation:

1 That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

2 That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

OPTIONS:

Council’s financial reports must include a statement in approved form as set out in Sect. 215 of the Local Government (General) Regulation as to its opinion on the general purpose special purpose financial reports. The declarations are required under the Local Government Act and Local Government Code of Accounting Practice and Financial Reporting and therefore needed in order for an audit to commence.

Council has the option to form another opinion on the Financial Reports bearing in mind that audit will need to be deferred until Council agrees to make a statement on the Financial Reports in the approved form.

DISCUSSION:

Council at its meeting on the 02 October 2008 resolved to adopt the June Budget Review Financial Report for the year ended 30 June 2008 subject to the Financial Statements being audited by Council’s Auditor.

It is anticipated that the audit will commence this month and therefore it is expected the final audit will be completed to allow the audited Statements to be provided to the Department before the 31 October 2008 and presented to the Public prior to the end of November 2008.

A further report of the results for 2007/2008 will be presented to Council prior to presentation to the public.

In accordance with the requirements of Section 413(2)(C) of the Local Government Act and the Local Government Code of Accounting Practice and Financial Reporting, Council is required to prepare statements in the approved form as to its opinion on the general purpose and special purpose financial reports.

The General Purpose Reports Statement by Councillors and Management declares:

1 That the Financial Reports to be submitted to the Auditor have been drawn up in accordance with:

· The Local Government Act 1993 (as amended) and the Regulations made thereunder,

· The Australian Accounting Standards and professional pronouncements,

· The Local Government Code of Accounting Practice and Financial Reporting,

· The Local Government Asset Accounting Manual.

2 That the Financial Reports also:

· Present fairly the Council’s financial position and operating result for the year, and

· Accord with Council’s accounting and other records.

3 That we are not aware of any matters that would render the reports false or misleading in any way.

The Statement must be made by resolution of Council and be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager. The Statement has to be completed and attached to the relevant annual financial reports to enable the audit process to proceed.

The Special Purpose Reports Statement must also be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.

The Statement declares:

1 That the Special Purpose Financial Statements have been prepared in accordance with the Local Government Code of Accounting Practice and Financial reporting and the

· NSW Government Policy Statement “Application of National Competition Policy to Local Government”

· Department of Local Government guidelines “Pricing & Costing for Council Businesses: A Guide to Competitive Neutrality”.

· The Department of Water and Energy Practice Management of Water Supply and Sewerage Guidelines.

2 These reports, to the best of our knowledge and belief

· Present fairly the financial position and operating result for each of Council’s declared Business Units for the year, and

· Accord with Council’s accounting and other records

3 That we are not aware of any matter that would render the reports false or misleading in any way.

CONSULTATION:

Local Government Act 1993

Local Government (General) Regulation 2005

Local Government Code of Accounting Practice and Financial Reporting

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Not applicable for this report.

Source of fund and any variance to working funds

Financial implications were discussed as part of the 30 June Budget Review presented to Council at its meeting 02 October 2008. Results for the year ending 30 June 2008 will be finalised in report on the audited Financial Statements.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.11 SF708 161008 Grant Application Status Report - October 2008

AUTHOR/ENQUIRIES: Jenny Chance, Grants Officer

Summary:

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs. 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 30^th March and 30^th 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.
8	Department of Environment & Climate Change Estuary and Coastal Management Programs 2008/09 Funding on a 1:1 basis Closing date: 28 May 2008	DEP	Several projects identified and supported through the Nambucca River Estuary and Coastline Management Committee · Flood study—Deep Creek · Implementation of Nambucca River Estuary Management Plan · Updated flood study Lower Nambucca Stage 2 Coastal Hazard management Plan.
9	NSW Environmental Trust Round 3 – Urban Sustainability Program Closing date: 20 June 2008	DEP	Council previously resolved to submit both a joint application with Bellingen and Coffs Harbour Councils and an individual application. Amended criteria excluded individual applications. Joint application lodged.
10	Community Heritage Grants Closing date: 30 June 2008 with National Library of Australia	DEP	Information sent to all Museums—13/5/08
11	Northern Rivers CMA – River Reach Program. Ongoing funding program	DEP	Stage 2 Lower Nambucca River, River Bank stabilization, rubbish and weed eradication. (Nursery Rd/Pacific Hwy north for approx 2 kms) Funding application proposal from the Nyambaga Green Team. Total application for Stage 2 $35,000 - $45,000. Council contribution of $5000 maximum to provide some machinery to collect and remove rubbish, vegetation; prepare traffic management plan for traffic control on Pacific Highway. Council’s $5,000 (max) in-kind contribution from the Environmental Levy.
12	NSW Maritime – Maritime Infrastructure Program Funding on a 1:1 basis Closes: 22 August 2008	GO & MTS	The Maritime Infrastructure Program (MIP) provides up to $2M annually to local government and community organisations for waterways infrastructure projects that benefit the recreational boating community across NSW, including the provision of public wharves/jetties, boatramps, public sewage pumpout facilities and public moorings. Applications submitted for Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads. Applications submitted with the assistance of the Nambucca River Users Group for pontoon at Macksville with $15,000 from the Environmental Levy and In-kind contributions. Site meeting with MIP Manager to discuss projects – 24 September 2008.
13	Caring for our Country Caring for our Country Open Grants Closes: 1 August 2008 Community Coastcare Closes: 25 July 2008	GO	Caring for our Country is the Federal Government's new natural resource management program. An application has been submitted to the National Reserve System on behalf of the Nambucca Heads Local Aboriginal Land Council to purchase Faringdon Fields.
14	Natural Disaster Mitigation Program Attorney General’s Department – Emergency Management Australia Closes: 29 August 2008 Funding on a 1:1:1 basis	DES	The Natural Disaster Mitigation Program aims to identify and address natural disaster risk priorities across the nation. Funds are available for a range of measures that contribute to safer, sustainable communities better able to withstand the effects of natural disasters. This program is being jointly funded by Commonwealth, State and local governments to help local communities better prepare for natural disasters such as floods, bushfires, storms or landslides.
15	Regional Arts Fund (NSW) Australian Government – Regional Arts Fund Closes: 14 August 2008	MBD	Application for Macksville Memorial Aquatic Centre mosaic mural under the Partnerships Program.
16	NSW Blackspot Program Closes: 22 August 2008	MTS	RTA is inviting all Councils to identify and nominate new conforming projects for the 2009-2010 programme. Construction costs must be greater than $10,000 for rural Councils. Application completed to gain funding for pedestrian refuge at Bowra Street (intersection of Wellington Drive, Woods Lane, Back Street, Fraser Street), Nambucca Heads
17	Department of Lands NSW Government’s Waterways Program Closes: 26 September 2008 Funding on 1:1 basis	GO	Expression of interest need only identify the area to be dredged, an indicative dredging cost, the relationship with any existing estuary management plan, comment on history / practicality of dredging and an indication of the benefits to be obtained from the dredging (with a focus on recreational boating). Department of Lands is interested in projects that may fall into next years budget or next 2 to 3 years and ongoing as they understand that Council may not have allocated any funding in current budget to project. For further information please see Trim document 20060/2008. It is suggested that Council do not submit an application for major dredging as Council has not the allocated 50% of funds required under this program. An application maybe considered for minor work downstream of the Gordon Park boat ramp for navigation purposes. Consideration would need to be given to the costs and practicality of site establishment.
18	Northern Rivers CMA River Health Plan Development (Stage 1) Closes: 1 December 2008	GO	River Health Plan Development (Stage 1) A River Reach plan needs to be developed prior to project implementation. In most cases, groups undertake the plan development in one year and then apply to implement the plan the following year. To develop a river health plan Council can: Submit an Expression of Interest (EOI) for Plan Development using form provided. This is a competitive process, EOIs for plan development will be assessed (using eligibility criteria) and ranked. Successful applicants will receive assistance from an NRCMA officer to produce a plan, OR Produce a plan independently.
19	Northern Rivers CMA Development and Implementation of local Government local scale coastline NRM plans	GO	Funding to provide consistent standardised beach access signage across the Shires coastal foreshore accesses utilising current best practice signage systems for aquatic and recreational use. Joint application with DECC.
20	Area Assistance Scheme Closes: 10 October 2008	GO & MCCS	The Area Assistance Scheme (AAS) is a regional community development program run by the Department of Community Services. It provides grants to local councils and non-government organisations for projects that improve community well being and how communities function. The AAS works within a whole-of-government framework to deliver its outcomes. Council staff in consultation with the committees of management are in the process of identifying possible projects for submission.
21	Arts NSW – Program Funding and Project Funding Closes: 10 October 2008	GO	Program funding is intended to be applied to the costs of delivering the principal annual artistic program and activities. Funding may be used for salaries and professional fees, administration and office-related expenditure, and annual production costs. Project funding is for one-off or time limited projects. Projects include a wide range of artistic events, products, activities or facilities that are separate from or in addition to the annual program of works. Projects do not include annual salaried positions associated with operating an organisation (these are funded under Program Funding). Funds may be used for artists or arts workers fees or production costs associated with delivery of the project. Appendix 1 provides a list of project categories eligible for funding.
22	Cities for Climate Protection Australia Energy Data Management and Emissions Reporting Project Expression of Interest Closes: 13 October 2008 Ten Grants of $10,000 each administered to each of the ten participating Councils	MCW GO	The objective is to build participating local governments’ capacities to manage energy and emissions related data for the following purposes: · The on-going reporting and analysis of corporate greenhouse emissions · The reporting and analysis of savings from abatement actions · The assessment of investments in energy conservation, energy efficiency and renewable energy projects · The day-to-day management of emissions-intensive Council operations Application submitted

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

General Manager's Report

ITEM 9.13 SF587 161008 Continuance of Lease to Ussher Over Future Dam Site Land

AUTHOR/ENQUIRIES: Steven Williams, Property Officer

Summary:

Council purchased Lot 6 in DP 1076377 as part of the proposed dam site. This land was leased back to the previous owner for a period concluding 26 May 2008.

The lease contains a continuance clause whereby the lease continues on a week to week basis terminable by one week’s notice and on the same terms and conditioned otherwise contained in the lease. As the termination date has since expired the lease continues on this basis.

The Manager Water and Sewage has advised that it is unlikely that capital works will commence within the next two years. On this basis there is no reason why the lease cannot continue.

The nominal rent payable under the lease is to be made yearly in advance. This is generally raised at the commencement of the financial year but has been stayed pending direction from Council has to the continuance of the lease.

From a house keeping point of view it would be preferable to have a definite and agreed termination date.

The author understands that the provisions of the lease are otherwise acceptable for council’s purposes and that the lessee has complied with all lease obligations.

Options include allowing the lease to continue on a weekly basis, entering into a deed of variation whereby a new termination date is set or entering into an entirely new lease.

Recommendation:

1 That council note that the original lease of Lot 6 in DP 1076377 to Mr & Mrs Ussher has expired and continues on a week to week basis.

2 That council write to the lessee of Lot 6 in DP 1076377 confirming the status and provisions of the current lease of Lot 6 in DP 1076377 and make arrangements for future rents to be raised and paid in the same manner as the original lease.

3 That in the event that the lessee of Lot 6 in DP 1076377 is not satisfied with the continuing provisions of the existing lease Council authorise the General Manager or Mayor to conclude negotiations for a new lease on similar terms to the existing lease for a period concluding not later than October 2010 and to sign all necessary documents, under council seal where applicable, to give effect to the new agreement.

OPTIONS:

1 Do nothing and allow the lease to continue as per the lease agreement. Should Council pursue this avenue rent payable under the lease would be raised in arrears on a 6 monthly basis but otherwise using the same rental basis as the lease.

2 Seek to enter into a Deed of Variation with the Lessee whereby a new termination date is set. This would necessarily incur additional legal fees. It should be noted that that legal fees for the preparation of the original lease were borne by council.

3 Seek to enter into a new lease agreement ( see point two above)

DISCUSSION:

See summary

CONSULTATION:

Manager Water and Sewage

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issue arsing from this report although it should be noted that the land is currently used and maintained by the lessee which is an advantage to council insofar as maintenance and weed control.

Social

There are no social issues arsing from this report

Economic

There are no economic issues arising from this report

Risk

There are no foreseeable risks arsing from the recommendations.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Currently Council collects a nominal rent from the lessee. The continuance of the lease will preserve this revenue. In the event the lease is discontinued council will need to ensure the land is maintained and will bear the cost of such maintenance.

Source of fund and any variance to working funds

There will be no variance to working funds arising from the recommendation. It should be noted, however, that legal fees for the drafting of a new lease may be incurred and will be sourced from General Working Funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Director Environment & Planning's Report

ITEM 10.1 SF691 161008 Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 2 October 2008

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

Summary:

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

Table 2 are development applications which have been received but not yet determined due to submissions received. These DA’s are presented should any Councillor wish to “call in” the application to a future meeting. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

Recommendation:

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

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

3 That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

OPTIONS:

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

FILE NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	COMMENTS ON APPLICATION
2005/310	19/4/05	Change of Use to Furniture Manufacturing Business	Lot 2 in DP 550795, 25 Cooper Street, Macksville.	DA approval relies upon rezoning under draft LEP 66.
2008/013	12/07/07	Dwelling-House	Lot 223 DP 828243, 35 Raleigh Street, Scotts Head	31/07/07 – Letter requesting Bush Fire assessment. 20/08/07 – Letter requesting additional information sent as bush fire assessment incorrect. 23/08/07 – Letter to Local RFS with amended plan & file note. 23/08/07 – Notification to adjoining owners issued. Letter issued to owner advising of current position with DA. 30/08/07 – Response from Local RFS office requiring Bush Fire Assessment Report. 14/03/08 - Letter to owner requesting the submission of the further information within 14 days.

2008/013 continued

18/03/08 – Telephone contact with owner, owner has not made contact with Bush Fire Consultant requested to lodge letter seeking extension of time to have report prepared
25/03/08 – Letter received from owner requesting 8 weeks to finalise Bush Fire Report
Extension granted until 02/06/08
19/6/08 - Additional information received
21/05/08 - Re-referred to Rural Fire Service.
3/06/08 Phone call from the local RFS advising that the application has been referred to the Head Office of NSW Rural Fire Service due to the level of variation sought with this proposed development.
12/08/08 Letter to applicant advising the Head Office of RFS has been contacted in relation to the delays and a response is expected within 2-3 weeks
26/08/08 RFS contacted Council re clearing of land by Council to the rear of the property. Discussions held with DES – there are environmental issues to be considered prior to clearing and a decision is not yet made as to whether it will be a ‘one-off’ clearing or ongoing.
RFS Sydney has been informed of this. Comments received 30/09/08
To be determined by 17/10/08

2008/037

17/08/07

Dwelling

Lot 1 DP 575759, 4 Kosekai Road, Yarranbella

28/09/07 - Letter to owner requesting Bushfire assessment Report

5/12/07 - Bushfire report received

6/12/07 - report referred to Local RFS

18/12/07 - response from RFS requesting further information

19/12/07 - letter to owner requesting additional information.

14/03/08 - 14 day letter to owner requesting Bushfire consultants report or withdraw application

07/05/08 - Rang applicant – does not want to withdraw. Need extra time to get information together.
2/09/08 - Builder requested withdrawal of application but Council cannot accept as they are not the applicants.
15/09/08 – Applicant given 7 days to submit information or application will be determined on the information received with a likely refusal.
Refusal of consent being prepared

2008/043

24/08/07

Supermarket, three specialty shops and car park

Lot 2 DP 544563, Lot 13 DP 654087 & Lot 14 DP 654086, 37 Cooper Street, Macksville

DA relies on Department of Planning’s determination of draft LEP 66. Council resolution 19/6/08 to approve the application subject to draft LEP 66 being made by the Minister.

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE: 4

TABLE 2: Development Applications where submissions have been received and are not yet determined.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/193

11/3/08

6 Lot Rural Subdivision

Lot 15 DP 114372, Lot 1 DP 386702, Lot 71 DP 654563, Lot 120 DP 755538, Lot 23 DP 755548 & Lots 44,45,49 & 98 in DP 755546, 207-208 Upper Buckrabendinni Road Buckrabendinni

§ Access from proposed lots

§ Location of dwelling envelopes

§ Aboriginal and archaeological issues

“Stop the clock” in place as it is an Integrated application.

Outstanding matters yet to be finalised and discussed with applicant. Unlikely to be determined in the immediate future
Awaiting from applicant an Aboriginal Registered Sites search and list of sites if applicable, for the development site
Upon completion of this search the Local Aboriginal Land Council Elders are to be consulted
18/06/08 response from DWE confirming general terms of approval for Controlled Activity Approval.
8/8/08 Additional information received confirming no Aboriginal sites recorded on the subject land. Information forwarded to Bowraville Local Aboriginal Land Council giving them 30 days to respond.
This application has been “called in” and will be reported to Council once the application is ready to be determined
5/9/08 30 day letter sent to applicant advising that SEPP1 not supported by Council's Planning Department and the proposal should be amended to comply with minimum lot sizes. 07/09/08 Applicant advised Council that amended plan will be prepared and submitted early October.

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2008/244	26/05/08	New dwelling & demolition of existing dwelling	Lot 5 DP 247073, 21 Jones Street, Valla Beach	§ Submission received stating the design does not address the objectives of DCP 3. § Proposal fails to address amenity impacts on objector’s property 29/05/08 Further information requested from applicant 24/06/08 Referred to NSW Rural Fire Service. 24/06/07 Additional information submitted by applicant 31/07/08 Letter sent to applicant regarding submissions received 18/08/08 Response from applicant to concerns of adjoining owners Assessing amended details RFS to be consulted by Council in relation to recommended conditions Likely to be dealt with under delegated authority week ending 10/10/08
2008/267	24/06/08	Proposed Industrial complex for manufacturing buses and ancillary facilities, including manager’s residence and workers cottages.	Lot 1046 DP 826440, Harrimans Lane, Macksville	§ Several submissions have been received objecting to the development as not being suitable for this location as it is not zoned for industrial use and there is residential land surround the proposed area (which is zoned rural) § Flooding issues § Residential amenity will be affected by light industrial use of the land including visual impact § Perceived lowering of values of land 26/08/08 Advice from applicant additional information to be submitted by the end of October. Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application
2008/269	30/06/08	Deck, Garage & Alterations – Change of use to Residential	Lot D Section 9 DP 5611, 48 High Street, Bowraville	§ Submission received in relation to conflicting landuse if converted from Commercial to Residential use and any noise issues from current practices § Loss of commercial premises Application modified to included continued use as a dwelling which has been notified to adjoining owners Village zoning – use is permitted Applicant given until 29/09/08 to submit additional information Likely to be dealt with under delegated authority week ending week ending 10/10/08 if issue raised in submissions are resolved A report to be presented to Council for determination of application November 2008.
2009/022	26/08/08	Erect Industrial Shed and Commence Industry to manufacture granular products	Lot 75 DP 800111, 37 Yarrawonga Street, Macksville	§ Submissions received in relation to emissions from new development as current business causing airborne dust and odour Concerns with site distances for semi-trailers turning and going over the centre line – referred to Traffic Committee. Applicant has been notified concerns and requested to engage a suitably qualified engineer to demonstrate that there is sufficient sight distance, along both approaches to the development, for proposed manoeuvres onto and off the site 16/09/08 Letter sent to applicant requesting further information on traffic issues and pollution issues as raised in the submissions Further advice received from the applicant by letter dated 2 October 2008. Issues being considered.
2009/030	09/09/08	Steel Frame Carport	Lot 3 DP 17699, 2 William Street, Macksville	§ Submission received in relation to insufficient information on plans § Reflection of roof and walls § Stormwater disposal § Ensuring the current retaining wall is not compromised § Earthworks for footings have already commenced § Distance of carport from side boundary incorrect 7/10/08 Applicant to be contacted within 7 days requesting that concerns be addressed
2004/014/01	01/09/08	Residential Flat Building	Lot 7 DP 758749 61 Charlton Street, Nambucca Heads	§ Proposal may set precedent for undermining current local amenity § Not in keeping with DCP § Should limit height to 8m § Overuse of site coverage § Setback requirements not met § Aesthetics not suitable for the location 7/10/08 Senior Development Planner assessing and considering concerns raised
2005/291/01	1/08/08	Concrete Batching Plant - Modify Saturday trading hours	Lot 12 in DP 1046434 and Lot 13 in DP 241033, Scotts Head Road, Way Way	§ Concerns with noise, dust and vibration § No benefits to community to extend hours – may set precedent § Reduces opportunities to move cattle § Lack of consistency with other quarries’ operating hours § Confers commercial advantage on one quarry only § Difficulties in calculating tonnage of material moved § Increase in truck movements bad for Scotts Head Road – already in poor condition § Increase in volume would make development “designated” and it should be treated as such § Uncertain as to whether operators have fulfilled current DA conditions. 7/10/08 Senior Development Planner assessing and considering concerns raised
1998/055/01	1/08/08	Hard Rock Quarry	Lot 12 in DP 1046434 and Lot 13 in DP 241033, Scotts Head Road, Way Way	§ Concerns with noise, dust and vibration § No benefits to community to extend hours – may set precedent § Reduces opportunities to move cattle § Lack of consistency with other quarries’ operating hours § Confers commercial advantage on one quarry only § Difficulties in calculating tonnage of material moved § Increase in truck movements bad for Scotts Head Road – already in poor condition § Increase in volume would make development “designated” and it should be treated as such § Uncertain as to whether operators have fulfilled current DA conditions. 7/10/08 Senior Development Planner assessing and considering concerns raised
2006/143/01	18/07/08	13 Lot Residential Subdivision	Lot 22 DP 1036142, Treleaven Street, Hyland Park	§ Will destroy an Endangered Ecological Community § Council is abrogating responsibility by removing requirement for qualified specialist to check for koalas 7/10/08 Senior Development Planner assessing and considering concerns raised

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Director Environment & Planning's Report

ITEM 10.2 DA2008/181 161008 Report for Determination of DA 2008/181 - Detached Dual Occupancy -
17 River Oak Crescent, Scotts Head

AUTHOR/ENQUIRIES: Ben Oliver, Senior Town Planner

Applicant: Mr G and Mrs Y Wood

Proposal: Detached Dual Occupancy

Property: Lot 332 DP 873067, 17 River Oak Crescent, Scotts Head

Zoning: 2(a) Residential (Low-Medium Density)

SUMMARY:

A development application (DA) and construction certificate (CC) application was lodged with Council on 28 February 2008, for a detached dual occupancy on a vacant allotment of residential land in River Oak Crescent Scotts Head.

The proposed development included a SEPP No 1 application to vary the minimum 600m² site area required for a detached dual occupancy under the provisions of Clause 30A of NLEP 1995. The proposed development also relies on a number of variations to the development standards under DCP 3 and DCP 1.

In accordance with Council’s policy the application was notified and three (3) objections were received.

It is considered that the inadequate site area, shape and slope of the land all combine to limit the development potential for a detached dual occupancy. Following an assessment of the proposal and consideration of the objections, the applicant was advised that it was considered that the proposal was an overdevelopment of the subject site.

The applicant was initially advised of these concerns on 18 April 2008 and given an opportunity to either amend or withdraw the application. Despite several letters to the applicant, no response has been received, other than a letter received on 28 July 2008, requesting a 100% refund of all fees. Council’s response was that a 50% refund of DA fees was appropriate given the extensive assessment already undertaken on the application.

In accordance with Council’s current policy, the DA could be refused under delegated authority by the DEP. However, the owners of the subject property wrote to Councillors, letter dated 16 May, 2008. This letter contained several errors of fact and some misinformation. Having regard to the Councillors involvement, by virtue of Councillors receiving copies of correspondence, it was considered prudent to report this application for Council’s information.

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

Recommendation:

That Council endorse refusal of development application 2008/181 for the erection of a detached dual occupancy for the following reasons:

1 Pursuant to Section 79C(1)(a)(i) of the EP&A Act 1979, the proposed development does not comply with clause 30A of Nambucca Local Environmental Plan 1995 and the State Environmental Planning Policy (SEPP 1) application, objecting to the minimum site area is not supported.

2 Pursuant to Section 79C(1)(a)(iii) of the EP&A Act 1979, the proposed development does not comply with the minimum private open space requirements in accordance with Development Control Plan No 3 – Residential Development.

3 Pursuant to Section 79C(1)(a)(iii) of the EP&A Act 1979, the proposed development does not comply with the minimum access requirements for driveway grades and transitions in accordance with Development Control Plan No 1 – Off-Street Parking.

4 Pursuant to Section 79C(1)(c) of the EP&A Act 1979, it is considered that due to the area, shape and slope of the land the proposal is an overdevelopment of the site and therefore the site is unsuitable for the proposed detached dual occupancy development.

5 Pursuant to Section 79C(1)(e) of the EP&A Act, 1979, it is considered that the proposed development is not in the public interest as it will result in variations to Council adopted development standards, which may result in an undesirable precedent being set for similar applications.

OPTIONS:

Council has the option of approving the application as submitted. However, given that the applicant has made no attempt to address Council’s concerns, it is not considered that this is an acceptable option.

CONSULTATION:

Council’s Manager Technical Services has reviewed the application and raised concerns with the proposed driveway access to the development. Based on the survey information submitted with the application, it appears that the driveway grades and transitions do not comply with Council’s minimum standards and would make access to the site extremely difficult.

Council’s Health and Building Department raised no concerns with the development.

Council’s Manager Planning and Assessment and Director Environment and Planning have been consulted in the preparation of this report.

DISCUSSION:

The development application is for a detached dual occupancy on a vacant allotment of land with a site area of 562.1m².

Following a full and proper assessment of the application it was apparent that the site constraints all combined to make development of the land for a detached dual occupancy very difficult. Good site analysis and appropriate design responses would overcome these issues, however the proposed development relies on a number of variations to development standards to overcome these limitations.

To deal with outstanding applications and ensure applications are dealt with efficiently and fairly, the Environment and Planning Department has adopted a working policy of issuing letters to applicants advising of outstanding issues and requiring responses within specified time frames.

The first letter (30 day letter) made the applicant aware of Council’s concerns and provided an opportunity to either amend the application or withdraw the application within 30 days, noting that withdrawal will be accompanied by a 50% refund of DA fees and 100% refund of CC fees. The second letter (7 day letter) reiterates that the application has been with Council for an extended period of time and must be either amended or withdrawn within 7 days, and in the event that neither of the options are fulfilled, the application will be recommended for refusal without further notice and there will be no recourse for refund of fees.

Clause 52(3) of the EPA Regulations 2000 states that:

“The consent authority may (but is not required) to refund the applicant the whole or any part of the application fee in connection with an application that has been withdrawn”.

Council’s Policy – Outstanding Development Applications for Development, provides:

· Council staff shall undertake a preliminary assessment of all applications lodged to ascertain whether other additional information is required or not.

n Where additional information is required a letter shall be issued to the applicant identifying such additional information that is required.

n This additional information shall be required within 30 days of the letter being issued.

n Where such information is not provided and a request from the applicant has not been made for further time, a final 7 day letter shall be issued advising that the application will be refused or require the applicant to withdraw the application subject to the retention of part of the fees for the work done by Council.

A summary of correspondence and actions between Council and the applicant is provided as follows:

· 11 March 2008 – Acknowledgement letter sent to the applicant, following lodgement of the DA and CC.

· 18 April 2008 – 30 day letter sent to the applicant advising that several submissions were received and detailing Council’s concerns with the proposal. The applicant is given an opportunity to amend the proposal or withdraw the application.

· 2 June 2008 – 7 day letter sent to the applicant requesting that the proposal be amended or withdrawn.

· 28 July 2008 - Letter received from the applicant, requesting full refund of all DA and CC fees.

· 30 July 2008 - Letter from Council’s Manager of Planning and Assessment to the applicant advising that a 50% refund of DA fees is appropriate, given the level of assessment already undertaken.

· 26 August 2008 - Final 7 day letter sent to the applicant.

No response has been received to Council’s final 7 day letter. Having regard to the following matters for consideration, the application is recommended for refusal.

MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT

In its assessment of a development application, Council is required to take into consideration the following matters:

(a) the provisions of

(i) any environmental planning instruments

Nambucca Local Environmental Plan 1995

The land is zoned Residential 2(a) (Low –Medium Density) and has a 8m height limit. Development of the land for a detached dual occupancy is permissible within the zone, provided that it complies with Clause 30A, which prescribes a minimum site area of 600m² for detached dual occupancies.

As the site area is less than the minimum requirement (562.1m²) , a State Environmental Planning Policy No 1 (SEPP1) application was made to Council objecting to the minimum site area and requesting a variation to accommodate the development.

Variations to development standards need to be carefully considered by Council to ensure that the variation is reasonable and does not set an undesirable precedent or compromise the intention of the standard. In this instance, it was considered that the SEPP1 application did not adequately demonstrated that in the absence of the development standard, the proposal will continue to satisfy the underlying purpose and intent of the standard. Indeed the application of the density standard in his case, would appear to be an effective means of addressing many of the concerns with the development proposal.

Having considered the SEPP1 application, it is not considered that compliance with the development standard was unreasonable or unnecessary and therefore there is no justification to support any variation to the minimum site area requirement.

North Coast Regional Environmental Plan

There are no relevant provisions of the Regional Environmental Plan that specifically apply to the proposed development.

(ii) any draft environmental planning instrument

No draft environmental planning instruments currently apply to the land or the proposed development.

(iii) any development control plan (DCP)

1 DCP(1) – Off-Street Parking applies to the site. The proposal does not comply with DCP(1), on the basis that the driveway grades and transitions do not meet the minimum standards prescribed by the DCP.

Comment

The site is constrained by a steep up-slope from River Oak Crescent. Ensuring proper access to the development is therefore a fundamental concern. It is clearly visible in the neighbourhood, that access driveways have needed to be carefully designed to satisfy minimum requirements, particularly where they are perpendicular to the street.

In this application, the proposed dual occupancy is serviced by 2 separate driveways, both of which are perpendicular to River Oak Crescent. Survey information submitted with the application, indicates that the driveways do not satisfy Council’s minimum standards for grades and transitions and it is likely that access to the development would be extremely difficult.

2 DCP(3) – Residential Development applies to the site. The proposal does not comply with DCP(3), on the basis that insufficient private open space is provided for Unit 2.

Comment

Proposed Unit 2 does not fully comply with the private open space requirements of a minimum of 25m² with minimum dimensions of 4 metres. A failure to provide sufficient private open space can affect the recreational needs of future occupants. It is also an indication that the site coverage or density of the development is excessive or the site area is insufficient to accommodate the development, leading to an overdevelopment of the site .

(iiia) any planning agreement

There is no planning agreement that applies to the land or the proposed development.

(iv) any matters prescribed by the regulations

The proposal is within the coastal zone and therefore requires consideration of the matter listed under Clause 8 of SEPP 71- Coastal Protection. There are no issues of concern in regard to these matters.

b the likely impacts of the development

The main concern with the proposal is its non-compliance with several development standards. The proposal would result in an overdevelopment of the site that relies on variations to development standards, most notably the minimum site area requirement of 600m² for detached dual occupancies. This could have the affect of weakening the integrity of the standards and setting an undesirable precedent, whereby other proposals could similarly expect to vary development standards without proper justification.

c the suitability of the site for the development

The slope of the site and the underlying rock formation provide considerable constraints to the development of the land. The site has the ability to accommodate a single dwelling house, however the site area, shape and slope of the land all combine to limit its potential for a dual occupancy.

d any submissions made in accordance with the Act or the regulations

The application has been notified to adjoining landowners for a period of 14 days. three (3) submissions were received objecting to the proposal. The letters of objection raised the following concerns:

Environmental impacts associated with excavation of the site

Concerns were raised with the environmental impacts associated with extensive excavation of the site to accommodate the development. The proposal would require significant engineering works to excavate the required 1.0 - 1.5 metres of rock.

Comment - The site is clearly constrained by an underlying rock formation which has been an impediment to development in the immediate area. The removal of the rock would likely require significant engineering works that could impact on the structural integrity of adjoining buildings. It is important to note that the extent of excavation is a direct result of the design of the development and intention to accommodate a detached dual occupancy as opposed to a single dwelling house. An appropriate design response, based on good site analysis should aim to limit site disturbance.

Access and driveway

Concerns were raised with the steepness and location of the proposed driveways.

Comment – Survey information submitted with the application indicates that the proposed access driveways do not satisfy the minimum requirements for grades and transitions, resulting in an extremely difficult and undesirable access arrangement.

Site coverage/density and character

Concerns were raised with the extent of site coverage or density of the proposal.

Comment - There is a reasonable expectation by landowners that development of adjoining land proceeds in accordance with adopted development standards. In this case the applicant has requested a variation to a number of standards, but provided insufficient information to demonstrate that the variation is reasonable. On this basis it is considered that the objections to the standards are unfounded and the proposed dual occupancy should not be supported.

e the public interest

Council has the responsibility of balancing competing interests to prevent inappropriate development, while allowing individual landowners the opportunity to develop their land. A consistent application of development standards is important for Council to demonstrate that it is acting in the public interest.

SUSTAINABILITY ASSESSMENT:

Environment

The proposed development relies on a significant amount of site disturbance to the natural environment, primarily in the removal of rock to accommodate foundations for the development. This has the potential to result in adverse impacts on the natural and built environment.

Social

Proper development assessment requires consistent application of development standards. It is in the interests of landowners and Council that a consistent approach is applied that allows for a fair and balanced assessment process. The Planning Department has carefully considered the proposal and the requested variations to development standards, as well as the objections from adjoining landowners and it is considered that the application, as submitted, should not be supported.

Economic

There may be some economic implications for the applicants arising from Council’s refusal of the proposed development.

Risk

The adoption of a consistent approach to development control, combined with a proper assessment under Section 79C of the EP&A Act 1979, will mitigate any risks to Council that may arise following determination of the application.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There may be an impact on current or future budgets if the applicant decides to appeal against Council’s decision to refuse the application.

Source of fund and any variance to working funds

None, unless an appeal is lodged.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Director Environment & Planning's Report

ITEM 10.3 SF241 161008 Public Hearing for Reclassification of Community Land to Operational Land in Draft LEP 2008

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to engage an appropriately qualified consultant to facilitate a public hearing for the reclassification of community land to operational land in accordance with section 29 of the Local Government Act and Section 68 of the Environmental Planning and Assessment Act for incorporation into Draft Nambucca Local Environment Plan 2008.

Recommendation:

1 That Council engage Bennell and Associates to facilitate the public hearing and prepare a report on the outcome and make a recommendation in regard to the reclassification of community land to operational land.

2 That the funds for the Public Hearing are to come from the Land Development Reserve Fund.

OPTIONS:

Introduction

Prior to commencing the preparation of Draft NLEP 2008, Council commenced a review of Nambucca LEP 1995. This review involved a two (2) stage LEP amendment process. Stage one involved the correction of various written anomalies. This stage was identified as LEP Amendment No 51 and was completed in 2006-07. Stage two of this process, LEP Amendment No 64, related to the correction of mapping anomalies, minor spot rezonings and reclassification of public land from community to operational land. Given the timing of this stage, Council resolved to include appropriate amendments into the draft LEP 2008, including the reclassification of public land.

Council resolved at its meeting on 17 May 2007 that a public hearing into the proposed reclassification under draft LEP Amendment No 64 be undertaken as directed by Section 29 of the Local Government Act and pursuant to the requirements of Section 68 of the Environmental Planning and Assessment Act. More recently, Council has resolved to reclassify another Council owned property (Eungai Pre-School site) and incorporate the proposed amendment into draft NLEP 2008.

Draft LEP Amendment No 64 to Nambucca LEP 1995 was prepared and exhibited from 15 November 2007 to 14 December 2007 in accordance with Section 66 of the Environmental Planning and Assessment Act. No submissions were received in relation to any of the public land proposed to be reclassified.

The Eungai Pre-school site proposed to be reclassified and included in draft NLEP 2008 has not been exhibited. There is no requirement to exhibit reclassifications prior to a public hearing, this can be undertaken as part of the exhibition for draft LEP 2008.

Council prepared a brief to undertake the works and forwarded it to three (3) planning consultants being:

· Bennell and Associates;

· Keiley Hunter; and

· Peterson Consulting Group;

Of these, Bennell and Associates and Keiley Hunter responded with submissions to undertake the work. Given other work commitments, Mr Mark Peterson of Peterson Consulting Group advised that he was not in a position to make a submission to the brief.

Review of Submissions

The following table summarises some of the key points associated with the submissions:

Consultant

Price (incl GST)

Insurance

Relevant Experience

Notes

Bennell & Associates

$6232

10,000,000 Public Liability

10,000,000 Professional Indemnity

Yes

Fees to be reduced should hearing not take the hours estimated in submission

Keiley Hunter

$3740

1,000,000 Professional Indemnity

Yes

Fees to be reduced should hearing not take the hours estimated in submission

Both consultants have demonstrated skills in the planning field, and both would be capable at facilitating this type of public hearing. However, based on the resumes submitted with the consultants proposals, Bennell and Associates appear to have a greater level of experience in a facilitation type role.

Keiley Hunter has Professional Indemnity insurance cover for one million dollars. This does not meet the requirements of Council’s draft ‘Procurement Procedures Manual’ which requires $5 million Professional Indemnity and $5-10 million Public Liability. Bennell and Associates meet all of Council’s insurance requirements. Discussions with Council Safety and Risk Officer indicated that Council’s own insurance requires consultants to be adequately covered and it is not considered appropriate to engage consultants covered for a lesser amount, not withstanding the variation in quotations.

In summary Bennell and Associates presented the more expensive quote to undertake the work, however they have allowed an additional 2 hours to undertake the hearing (which can be reduced); they have all the required insurances (which may reflect the higher costs to do the work); and, Mr Rick Bennell has more experience in a facilitation role.

CONSULTATION:

General Manager

Manager Planning and Assessment

Director Environment and Planning

Safety and Risk Officer.

Manager Planning and Assessment Comment:

Having only received one quote that is acceptable in accordance with Council insurance cover requirements, contact was made with the Directors of Planning at Bellingen and Kempsey Shire Councils about the prospect of undertaking reciprocal arrangements to conduct public hearings. In both discussions the Directors were reluctant to commit their time and resources. They indicated that to maintain impartiality they had in the past, engaged private consultants, and it was their intention to do likewise in the future, to ensure an “arms length” approach to the process. As such, the invitation to assist/conduct the public hearing was declined by both Directors.

A subsequent call was made to Mr Peter Chapman, planning consultant, of ‘All About Planning’ with an invitation for him to provide a quote to undertake the project. However, he advised that he was acting on behalf of another client in the Shire that may result in a conflict of interest. He therefore declined to tender for the project.

SUSTAINABILITY ASSESSMENT:

Environment

The engagement of a consultant to facilitate the public hearing will have no adverse impacts on the environment.

Social

The engagement of a consultant to facilitate the public hearing will provide an independent assessment and transparent process for the reclassification of public land.

Economic

The engagement of a consultant to facilitate the public hearing will be a cost to Council. However it is a requirement of the Environmental Planning and Assessment Act that a person independent of Council facilitate the hearing. It is expected that costs associated with the facilitation of the hearing may be recovered through the disposal of land that may no longer be required for future community purposes.

Risk

There is no risk associated with this report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The engagement of Bennell and Associates will cost Council $6,232 (incl GST). Any land to be reclassified and sold would positively contribute to Council’s future budgets.

Source of fund and any variance to working funds

The funds for the project are available from Council’s Land Development Reserve Fund which would be reimbursed once land is reclassified and subsequently sold.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Director Environment & Planning's Report

ITEM 10.4 SF1148 161008 Contract Regulatory Officer's Report - September 2008

AUTHOR/ENQUIRIES: Neil Pengilly, Senior Health and Building Surveyor

Summary:

The following is the Contract Regulatory Officer’s Report for September 2008.

Recommendation:

That the report from the Contract Regulatory Officer for September 2008 be received and noted by Council.

*Dogs*	*Total*	*Total*
Seized		12
Returned to Owner	4
Impounded	8
Total Seized	12	12
Breakdown	Total	Total
Seized		12
From Previous Month		8
Stolen Dog Recovered		0
Released to Owner	0
Returned to Owner	4
Euthanized	10
Currently in Pound	5
Sold	1
Stolen from Pound	0
Died in Pound	0
Total in Pound	20	20
Dumped	0
Surrendered	0

*Cats*	*Total*	*Total*
Seized		9
Returned to Owner	0
Impounded	9
Total Seized	9	9
Breakdown	Total	Total
Seized		9
From Previous Month		0
Released to Owner	0
Returned to Owner	0
Euthanized	9
Currently in Pound	0
Sold	0
Stolen from Pound	0
Died in Pound	0
Total in Pound	9	9
Dumped	5
Surrendered	0

Kilometres travelled

2860

*Cattle*	*Breakdown*	*Total*
Seized		0
Returned to Owner	0
Impounded	0
Total Seized	0	0

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Director of Engineering Services Report

ITEM 11.2 SF61 161008 Professional Lifeguard Services 2007/2008 Contract Report

AUTHOR/ENQUIRIES: Bruce Redman, Director Engineering Services

Summary:

The 2007/2008 Contract Report has been received. The 2 pages of statistics are attached.

The Christmas holiday period was impacted by heavy rain, dangerous surf conditions and beach debris.

The coming 2008/2009 season is the last year of a there (3) year contract and negotiations on the way the service is delivered in the future has been considered in this report. No change is recommended.

Recommendation:

1 That Council note the Annual Report for 2007/2008 by Surf Life Saving Services Pty Ltd.

2 That Council continue to provide life saving services only for the 5 weeks prior to Christmas until the end of January from 9.30 am to 3.30 pm.

3 That Council call tenders for the provision of life saving and rescue services for a three (3) year period commencing December 2010 until January 2013.

OPTIONS:

· Extend the period that life saving and rescue services are provided to include the Spring and Autumn School Holidays or just one.

· Extend the period to 6 weeks by starting one week earlier in December

· Extend the hours from 9.30 am to 3.30 pm to 9.30 am to 5.00 pm.

· Retain the status quo

· Continue with contract services

· Council appoints its own life savers

DISCUSSION:

Nambucca Shire Council users the Surf Life Services Pty Ltd to provide lifeguard services for our beaches over the Christmas Holidays.

Specifically this organisation patrols South Valla Beach, Main Beach, Nambucca and Forster Beach, Scotts Head with two lifeguards separate to the hours provided by the Nambucca Heads and Scotts Head Surf Life Saving Clubs.

Council has an agreement with Surf Life Saving Services Pty Ltd for a three (3) year period from the 18 December 2006 until the 28 January 2009. New arrangements will need to be in place by say August 2009.

The current contract provides two (2) Life Guards at the three (3) sites from 9.30 am to 3.30 pm and a local supervisor. They provided all clothing and equipment at a cost of $41,097 for last year.

They also provide a Contract Report and a copy of the 2007/2008 document is circularised. The sections on Service Statistics and Beach Visitation are attached to the report.

The poor weather conditions with heavy rain and large seas meant low use of the beaches over December and January. Attendance at beaches was estimated at 14,482 down from 19,792 the previous year.

Valla Beach was almost unusable because of the shift of the Deep Creek entrance northward.

It is appropriate at this time to review future operations in two areas namely:

1 Period the Life Guard service is provided

2 Use of professional Life Guard services or Council appoints and supervisors temporary staff as Life Guards.

The period of operation is from the 22 December until 25 January in general terms for 5 weeks. The cost will be $43,151.85 in 2008/2009. On the basis of the weekly cost being $8,630.37, Council could consider adding 2 weeks at Easter for $17,260.74. Some Councils include this period and I believe that Bellingen have included the Spring and Autumn School holidays. This is an extra cost that would need to be included in the budget. A formal price would need to be sought from Surf Life Saving Services. Volunteer Surf Clubs finish at 5.00 pm on weekends, so to provide consistency the contract could be extended from 3.30 pm to 5.00 pm. This is a 25% increase in hours and would cost an extra $10,788 for the 5 week period.

The contractual arrangements for life saving services has been in place for 9 years. Prior to that time Council appointed a staff officer to recruit and test applicants. After advertising for expressions of interest, those applicants are screened and then they undertake proficiency testing relating to matters such as time trails to swim 800 metres for example. This approach requires much greater staff involvement in recruitment supervision and rostering plus Council has to supply equipment. There have also been times when it has been difficult to recruit satisfactory life savers.

CONSULTATION:

Nil.

SUSTAINABILITY ASSESSMENT:

Environment

No change to the environment.

Social

The service provides a public safety and education program as well as performing life saving and rescues.

Economic

The provision of safe beaches is important to holiday visitors.

Risk

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum.

There is a risk of confusion when adjoining Local Government areas have different arrangements.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The cost for 2008/2009 of $43,151.85 is provided in the budget. The annual costs have been increasing by 5%.

Source of fund and any variance to working funds

Normal arrangements included in the budget. Any extension of service will on a pro rata cost of $8630.77 per week.

Attachments:

1View

23193/2008 - Season Report Fact Sheet 2007/2008

2 Pages

Ordinary Council Meeting

16 October 2008

Director of Engineering Services Report

ITEM 11.4 RF440 161008 Bowra Street, Nambucca Heads - On Street Dining

AUTHOR/ENQUIRIES: Bruce Redman, Director Engineering Services

Summary:

A extensive round of public consultation has been undertaken on the issue of Council constructing an on-street dining platform in front of the Infusion Café. Despite a mail out of letters and displays in the Nambucca Heads Library, Council Chambers and Infusion Café only three businesses and two residents responded. The responses are mixed with the negative comments focussing on the loss of carparking.

The installation of the platform will encourage the growth of footpath dining. The weekly fee includes a component to replace the two lost car parking spaces over ten years.

Recommendation:

That Council agree to the fabrication and placement of a relocatable dining platform on two parking bays in front of Infusion Café on the following terms:

· A Lease of $44.70 per week with no phasing

· Payment of the applicable table rate

· Payment of the applicable table rate in addition to the fee

· Provision of appropriate Public Liability Insurance by the Lessee

OPTIONS:

1 As recommendation

2 Phase in the charge with no cost for the first twelve (12) months

3 Approve without further consultation

4 Not proceed

DISCUSSION:

The matter of Council providing a footpath widening in front of the Infusion Café is due for re-consideration now that the consultation period is over.

A poster display was prepared for exhibition at the Council Chambers, Nambucca Heads Library and at the In-Fusion Café. In addition direct mail which included a small version of the poster and the Council report was sent to every business and every property owner in the CBD of Nambucca Heads along Bowra Street.

There were five responses received after the 28 day period ending on the 30 September 2008. The responses are attached and are summarised as:

Support

· Resident offering support based on encouraging better quality shops

· No objection, it will enhance the area and create certain ambiance which is much needed – Bernard Laverty Pty Ltd

Object

· The lack of car parking spaces in intolerable, cannot see it reduced – Guardian Pharmacy.

· Resident concerned about the loss of two car spaces. Could be used on weekends only.

· Opposed construction based on loss of parking. The dining platform is not as aesthetically pleasing as the planter box with garden arrangement on the northern end – GT and PA Bush.

The lack of response from 79 mail outs is extremely disappointing and does not give Council a reasonable level of feedback.

The Council Meeting of the 7 August 2008 resolved as follows:

That Council agree to place on public display the proposal on the following terms:

· A Lease of $44.70 per week with no phasing

· Payment of the applicable table rate

· Payment of the applicable table rate in addition to the fee

· Provision of appropriate Public Liability Insurance by the Lessee

This resulted in the poster display and direct mail to the 79 businesses and landowners. All recipients of the letter were in possession of the proposal and associated costs as outlined in the report to Council on the 7 August 2008.

An on the spot survey of parting at 11.30 am on Thursday 2 October 2008 during the school holidays revealed vacant car parking spaces in Bowra Street itself and 49 vacant spaces in the Reedy Street Carpark west of Bowra Street.

The consultation did not add any new arguments leaving Council to now determine whether or not to construct the dining platform.

On the basis that car parking spaces were available during a busy period and that the weekly fee includes a component to eventually replace the lost spaces and that Council will shortly have a Part-Time Parking Inspector in place should address the concerns of the objectors about losing two car parking spaces in Bowra Street allowing the project to proceed.

CONSULTATION:

Public exhibition at the Council Chambers, Infusion Café and Nambucca Heads Library.

Direct mail to 79 businesses and landowners.

Three display sites.

SUSTAINABILITY ASSESSMENT:

Environment

No change to the environment.

Social

Provides improved facilities for shoppers in the Nambucca Heads CBD.

The provision of the dining platform allows the tables and chairs against the shop face to be relocated.

Economic

The upgrading of Bowra Street is aimed at generating greater business in the CBD. Increasing footpath dining is considered to one way of generating extra business and “life” in the area.

Risk

The platform can be relocated if business use changes. The platform will have to be protected from traffic by bollards.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The construction cost is $12,000 and the value of the carparks (2) is $8,752 as per the Contribution Plan. No charge is made for the footpath space but the standard charge for tables and chairs applies.

The platform will have a life of ten years for the cost of contribution, the carparks will be required in ten years.

Annual Cost

Contribution $1,200.00 ($12,000/10)

Carparking $ 875.20 ($8,752/10)

Maintenance $ 250.00

$2,325.20 pa

$ 44.70 pw

The intention was not to charge for the first year, 25% year 2, 50% year 3 then 100% to encourage the growth of footpath dining.

Year 1 $ 0

Year 2 $11.20 per week

Year 3 $22.35 per week

Year 4 $44.70 per week

CPI will need to be applied to the calculations.

Source of fund and any variance to working funds

No variation sought. The phased introduction of a lease fee will generate income towards maintenance and future replacement.

Attachments:

1View	20590/2008 - Council's Form Letter to Businesses Houses and Landowners	2 Pages
2View	24488/2008 - Response - Infusion Cafe	1 Page
3View	22910/2008 - Response - Bernard Laverty Pty Ltd	1 Page
4View	22790/2008 - Response - Resident	1 Page
5View	22922/2008 - Response - Resident	1 Page
6View	21390/2008 - Response - Guardian Nambucca Heads Pharmacy	1 Page

Ordinary Council Meeting

16 October 2008

Director of Engineering Services Report

ITEM 11.5 SF84 161008 Rural Fire Service - Annual Budget 2009/2010

AUTHOR/ENQUIRIES: Bruce Redman, Director Engineering Services

Summary:

Each year at this time the Rural Fire Service (RFS) submit their forward budget for Council’s adoption before submission to the RFS Commissioner.

Council pays 13.3% of the budget which for 2009/2010 is projected to be $152,390.

Recommendation:

That Council endorse the 2009/2010 projected budget for the NSW Rural Fire Service for the Nambucca Shire Local Government Area.

OPTIONS:

· Endorse the 2009/2010 budget

· Not endorse the budget leaving the Commissioner to implement

· Seek a modification to the budget

DISCUSSION:

The Zone Manager, Mr D Phillips, has submitted the proposed budget for 2009/2010 for Council’s adoption.

The document is attached.

The submitted budget is summarised as follows:

Annual Maintenance and Repairs $192,100

Appliances -$126,000

Second Hand Tankers $250,000

Other Vehicles $0.00

Equipment $ 42,211

Brigade Stations $ 20,000

Reimbursable Items $ 73,000

Hazard Reduction $ 15,752

District Staff Estimate $ 58,728

$525,791

In addition to these costs the RFS advised that the estimate value of staff is $300,000 and program costs of $320,000. This gives a total cost of $1,145,791 making Council’s 13.3% contribution an amount of $152,390.

CONSULTATION:

Estimate submitted to Council Rural Fire Service for consideration and endorsement.

SUSTAINABILITY ASSESSMENT:

Environment

Bushfire can affect large areas of vegetation and habitat. Hazard reduction and fire fighting attempts to minimise the impact.

Social

The role of the NSW Rural Fire Service is to protect rural property and life. This budget provides the resources.

Economic

Protection of property and livestock assists rural agriculture viability in times of emergency.

Risk

There is no likelihood of the budget being revoked. The Emergency Services Minister has the final say and would authorise the 2009/2010 budget.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The proposed budget is similar to last year. $536,354 (2008/2009) compared to $525,791 (2010/2011). Program charges are projected to increase from $180,000 to $320,000 and many previous enquiries with the Commissioner and Minister on this issue have not provided clarification.

Source of fund and any variance to working funds

Slight variation to the preliminary budget provision. Figures will be adjusted at the 30 September 2008 budget review.

Attachments:

1View

25056/2008 - RFS - Annual Budget 2009/2010

9 Pages