NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 16 October 2008

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

(i) Special Meeting of Ordinary Council - 2 October 2008

(ii) Ordinary Council Meeting - 2 October 2008

5 Notices of Motion

5.1 Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads

5.2 Notice of Motion - Scotts Head Caravan Park and Reserve - Report on Masterplan

6 DELEGATIONS—Motion to hear Delegations

9.3 Future of Argents Hill Hall

(i) Leanne Davidson—concerned resident

(ii) Barry Tasker—concerned resident

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

(i) Mark Collister on behalf of OPTUS

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

(i) Mr Malcolm Gresswell—concerned resident

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports

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

9.3 Future of Argents Hill Hall—DELEGATION

9.4 Annual General Meeting - Argents Hill Hall Committee of Management

9.5 Annual General Meeting - Missabotti Hall Committee of Management

9.6 Annual General Meeting - Crosswinds Nature Reserve

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

9.8 Report on the provision of toilets at the Macksville saleyards

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

9.10 Financial Reports - 30 June 2008

9.11 Grant Application Status Report - October 2008

9.12 Withdrawal of Caveat over Lots 14-22 DP 1107549 Eungai Creek Road Eungai

9.13 Continuance of Lease to Ussher Over Future Dam Site Land

9.14 Cr Martin Ballangarry OAM - Request for Leave - 9 to 17 October 2008

10 Director Environment and Planning Report

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

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

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

10.4 Contract Regulatory Officer's Report - September 2008

11 Director Engineering Services Report

11.1 Bellevue Drive, Macksville - Street Trees

11.2 Professional Lifeguard Services 2007/2008 Contract Report

11.3 Bowra Street, Nambucca Heads - Public Seating

11.4 Bowra Street, Nambucca Heads - On Street Dining

11.5 Rural Fire Service - Annual Budget 2009/2010

11.6 Zone Liaison Committee (Rural Fire Service) - Council's Representative

12 GENERAL PURPOSE Committee 15 October 2008 - REPORT

12.1 Councillors Induction - Tour of Facilities

12.2 40 Rural-Residential Lot Quota - Ballot

12.3 Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008

12.4 Procurement Policies and Procedures - Resubmitted

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

13.1 Update on matters concerning the Headland Caravan Park

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

14 MEETING CLOSED TO THE PUBLIC

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

Ordinary Council Meeting

16 October 2008

Notice of Motion

ITEM 5.1 RF256 161008 Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads

AUTHOR/ENQUIRIES: Paula Flack, Councillor

Summary:

Due to past heavy rainfall events several cement sandbags have washed out of the riverbank immediately underneath the old footpath along Riverside Drive, leaving the footpath ‘floating’ without any solid base in one section.

This can be clearly seen from approximately halfway along the new boardwalk.

Temporary measurers have been taken to hold up the footpath with timber bracing, however the footpath and public safety are at risk and action should be taken to address this potentially dangerous situation as soon possible.

Timely attention to this issue will also minimise the risk of further erosion in the upcoming wet season which could result in loss of a section of the footpath and pose a threat to the stability of Riverside Drive itself.

Recommendation:

That, to ensure public safety, appropriate work be undertaken immediately to repair the bank below the old footpath along Riverside Drive where the base has been eroded away.

MANEX COMMENT

This footpath is superseded by the boardwalk and has not been closed yet as Engineering staff have been assessing the best way to provide lighting on the boardwalk for safer night use.

A trial of solar bollards is about to commence.

It is recommended that the temporary bracing remain in place until after this trial as the old footpath may be formally closed.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 October 2008

Notice of Motion

ITEM 5.2 SF382 161008 Notice of Motion - Scotts Head Caravan Park and Reserve - Report on Masterplan

AUTHOR/ENQUIRIES: Paula Flack, Councillor

Summary:

On 2 November 2006, Council endorsed the Memorandum of Understanding (MOU) with the Department of Lands regarding the preparation of a Masterplan for the Scotts Head Caravan Park and Reserve precinct and allocated $20,000 from the property development reserve as Council’s contribution toward the shared project.

The MOU was apparently signed off on the 12 February 2007 and consultants were engaged sometime after that to undertake the preparation of the Masterplan, however, Council has never received a report or update on the project.

The Masterplan consultants held a public meeting on Thursday 11 September at Scotts Head, to brief the community and seek feedback on various options but Councillors were only informed of the workshop at very short notice and not all were able to attend.

The lack of communication regarding this important process leaves Councillors, in particular new Councillors, lacking vital information. As a result, they are unable to discuss issues with members of the public who may seek their advice or comments regarding the Masterplan and the future of the Scotts Head Caravan Park and reserve precinct.

This unacceptable situation requires addressing as soon as possible.

Recommendation:

1 That Council receives a comprehensive report regarding the preparation of the Masterplan—at the very least, the report should cover the project timeline, progress to date and budget details.

2 That Council invite the Masterplan consultants to present the draft Masterplan to a General Purpose Committee meeting before it is placed on exhibition.

Attachments:

There are no attachments for this report.

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 Outstanding Actions and Reports

Attachment 1 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 Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

Attachment 1 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 T