NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 05 March 2009

 

Acknowledgement of Country            (Mayor)

 

I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginals present.

 

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 19 February 2009

5        Notices of Motion

5.1     Notice of Motion - That Nambucca Shire Council Money Managers be terminated

5.2     Notice of Motion - Bushfire Asset Protection Zones

5.3     Notice of Motion - Request for report on State of the Environmental Planning Policy  

6        DELEGATIONS—Motion to hear Delegations

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 March 2009

9.2     Grant Application Status Report - 5 March 2009

9.3     Finance Committee Meeting - 29 January 2009

9.4     Valla Beach Tennis Club Inc Committee of Management - Annual General Meeting - 15 February 2009

9.5     Delegation of Authority - General Manager

10      Director Environment and Planning Report

10.1   State of the Environment Program for 2008/2009

10.2   Report on Draft Consultants Brief - Place Based Study - Matthew Street Scotts Head

10.3   Report on Change of Use to Medical Centre - 42 Bowra Street, Nambucca Heads

10.4   Report on Minutes of the Clarence Regional Library Committee of Management Meeting Held 6 February 2009

10.5   Outstanding DA's >12 months old & applications where submissions received & not determined - 24 Feb 2009

10.6   Report re Modification of Consent for Industrial Building Additions and Demountable Office (Kara Kar)

10.7   Report on  Ranger Activites November 2008 - February 2009

10.8   Report on Changes to Section 149 Certificates due to the SEPP (Exempt and Complying Development Codes) 2008

10.9   Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc

11      Director Engineering Services Report

11.1   Review of DCP17 South Macksville Release Area - Bicycle and Pedestrian Paths   


 

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

12.1   Notice of Motion - Purchase of Land

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

  

13      MEETING CLOSED TO THE PUBLIC

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

 



Ordinary Council Meeting

5 March 2009

Notice of Motion

ITEM 5.1      SF1269            050309         Notice of Motion - That Nambucca Shire Council Money Managers be terminated

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

The money managers are still being paid, whether they make a profit or loss.  At present they are making a loss.  We would be better with a Bank Term Deposit for less, at present we would still have our Principal.  Why should we have funds to invest when our roads are falling apart if we have surplus funds put it to work because our interest yearly income has gone from threes years ago $1.7 million to somewhere $500,000.  I have been worried about the Ratepayers Funds.  I have mentioned this subject for the past 18 months—but no one else seems to worry.

 

 

Recommendation:

 

That Nambucca Shire Council money managers be terminated.

 

 

Manex comment:

 

Councils investment policy/strategy makes provision for short, medium and long term investments the later two requiring specialist advice.  Both the Cole report and Department of Local government promote that Councils utilise independent investment advice.  It is recommended that Council seek expression of interest for its independent investment advice and then following receipt of those expressions make a decision on its preferred advisors.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

Notice of Motion

ITEM 5.2      SF1297            050309         Notice of Motion - Bushfire Asset Protection Zones

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

In light of the Victorian bushfires, that Council make representations to the Department of Environment and Climate Change and the NSW Rural Fire Service to reassess the requirements for bushfire asset protection zones around houses.

 

 

Recommendation:

 

That Council make representations to the Department of Environment and Climate Change and the NSW Rural Fire Service to reassess the requirements for bushfire asset protection zones around houses.

 

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

Notice of Motion

ITEM 5.3      SF1269            050309         Notice of Motion - Request for report on State of the Environmental Planning Policy

 

AUTHOR/ENQUIRIES:     Janet Court, Councillor         

 

Summary:

 

Item 9.3 of the General Purpose Committee Meeting on 18 February 2009 recommended that council determine whether it wished to apply to the Dept of Planning for a local variation to retain the current 5.0 metre height areas. During the meeting only one area was considered.

 

 

Recommendation:

 

That the Director of Environment & Planning report to council on the Shire’s 5.0 metre height areas as shown in the Shirewide Structure Plan, other than Matthew Street Scotts Head, and whether or not there are sufficient reasons for further requests for variation.

 

 

OPTIONS:

 

There are only two options.  Either consider having a report made to Council or not.

 

 

DISCUSSION:

 

All the 5.0 metre height areas were considered before being included in the Shirewide Structure Plan. To ensure that due process is undertaken, all these areas should be considered again before the blanket 8.5m height applies.

 

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

5 March 2009

General Manager's Report

ITEM 9.1        SF959              050309         Outstanding Actions and Reports March 2009

 

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.

 

 

 

 

No

FILE NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2007

 

1

QWN19

01/03/07

Floodgates Gumma

 

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

DES

.

Revised to end of Jan 09. main gate operating two side gates on minor drains to be installed.

Missing boards replaced before king tides arrived.  Rescheduled to end of February 2009.

Work commenced on 2 extra gates.

2 side gates completed.

 

 

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.

Response received and being assessed.

 

 

 


 

 

 

 

 

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.

 

Met with DoP on Tuesday 11/11/08 where agreement has been reached on the exclusion of 4 pockets and part of the other 2 pockets. A map and letter from the DoP should be received by the end of November 2008.

 

D of P to respond in next few weeks.

 

Response received regarding Rural Residential Land Release Strategy which also refers to the 6 pockets of land.  See item in business paper 19/2.

 

APRIL 2008

3

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.

Further follow up letter sent 18/11 seeking a response by 12/12/08.

 

Further correspondence received from applicant.  Onsite meeting arranged with DWE, applicant and Council staff, scheduled for 4/2/09.

Onsite meeting will be part of the GPC on 18/3.

 

JUNE 2008

4

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.

5

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. Ongoing discussions with DPI.

DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council.

 

 


JULY 2008

6

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.

Follow up letter sent 14/11/2008.

Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim.

 

7

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 made to hold meeting on 18 December at 2.00 pm

 

Meeting held 26 February 09.

 

8

Item 11.4

03/07/08

That a new plan of management be prepare for Faringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

 

Outcome of grant expected early December but not yet received.

 

9

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.  Adjoining Council’s requested to share Conduct Panel.

 

SEPTEMBER 2008

11

QWN 197

04/09/08

Burn off maps to Council’s website

DEP

 

Maps being finalised and will be uploaded by end of February 2009.

 

Maps being finalised and will be uploaded by end of Feb 2009.

Still on target.

 

OCTOBER 2008

12

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

 

 

DES

Subject to GHD undertaking evaluation.

Commenced.  Drilling completed. Assessment expected early Feb 2009.

Not yet received.

 

GHD comment:

Riverside Drive Bank Stability:

Drilling carried out November 08 at Doyles Lane, Jason cottage and Ellis Ave.  Survey of crest and toe completed.  Vegetation cut back to allow survey of bank contours etc.  after survey completed then the geotech model is developed.

 

Riverside Drive Road Stability(West)

Hazard mapping completed mid December 08.  draft report prepared in January 09 for internal review.  Release date 6 March 09.

 

Catchment Assessment

Development of methodology.

 

NOVEMBER 2008

14

SF544

6/11/08

Council receive a report on options for the provision of matching general fund contributions for the S94 works schedule for community facilities and open space. Including the possibility of establishing a reserve.

 

GM

To be considered with draft budget for 2009/10. Report May 2009.

 

15

SF544

6/11/08

Council review its Policy on Deferment of Section 94 payments.

 

GM

Report January 2009 Government has changed its policy on Deferred Contributions.  Awaiting clarification. Report in March 2009.

 

16

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

 

GM

Report November 2009

17

SF844

20/11/08

Council invite Phillip Costa to inspect off-stream water storage site at Bowraville

 

GM

Invitation issued 26/11/08

18

135

20/11/08

That Council receive a report of the allocation of resources for preparing the next comprehensive SOE report and that this be considered as part of the 2009/2010 budget.

DEP

Report to be presented with budget considerations. Feb/March 2009

Report March 2009.

See item in Business Paper.

 

 

19

SF285

20/11/08

Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.

DEP

Target for Plan’s presentation is June 2009 in accordance with the 2008-09 Management Plan.

 

20

SF42

20/11/08

That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.

 

DEP

April 2009

21

SF820

20/11/08

The 3 Councils get together to review the operation of the Coffs Coast Waste Service.

DES

Information conveyed to Coffs Harbour.  Report proposed for March GPC

 

23

SF529

20/11/08

Request meeting with Planning Minister Keneally regarding Rural Residential  zoning

 

DEP

Letter sent 1/12/08

The letter has been followed up on several occasions since by email on 5/1/09, 2/2/09 & 6/2/09 with still no outcome.

 

Meeting scheduled 4 March 09

 

DECEMBER 2008

24

SF793

4/12/08

C’tees of Management – report on cost/staffing to improve communication

 

GM

Report to 15 January 2009.

Rescheduled to February 2009.

Deferred to March 2009.

 

26

SF785

4/12/08

Submit application for grant funding for Crime Prevention Grants

 

Invite NSW Police + NSW Attorney General’s department to discuss Crime Prevention Plan

 

DEP

Application submitted 10 December 2008. See item in business paper.

Invitation to be issued during week of 12-16 Jan.

 

Invitations issued to NSW AGs - declined due to travel bans

 

27

SF15

4/12/08

That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville saleyards.

 

GM

Meeting to be arranged in January 2009.  representatives sought at sale on 7 January 2009.

Rescheduled to February 2009.  List of Committee members obtained on 25 February.  Meeting to be scheduled.

 

28

SF688

4/12/08

That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

 

DEP

Programmed for September 2009.

29

 

18/12/08

That Council seek to amend the existing Plan of Management for the Vernon Street playing fields (Buz Brazel Park) by updating the commentary, removing reference to a Master Plan and replacing the map with the plan supported by the General Purpose Committee (being the coloured circularised document) and then placing the amendments on exhibition in accordance with the requirements of the Local Government Act 1993.

 

DES

Draft being prepared for exhibition in February 2009.

 

Exhibition period 5 February to 5 March 2009.  Last day for submissions 19 March.

30

 

18/12/08

1  Argents Hill Hall - The Committee of Management be invited to apply for grant funding to undertake repairs to the Hall under the Public Reserves Management Fund.

 

2  Council as Manager of the Trust formally concur to the addition of Lot 5 DP 879153 to the Reserve.

 

GM

Letter sent 9 January 09

31

 

18/12/08

Alliance Tender for the Provision of a Corporate Software System

 

That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.

 

GM

MIT consulting with tenderers.  Tender evaluation to occur April/May 2009.

32

 

18/12/08

Casey Drive – creation of a public road

 

That Council advise Mr T D Erskine-Smith that Council is prepared to meet $10,000 of the associated legal and survey costs subject to the $135,000 land purchase cost being met by the development.

 

DES

Letter sent.

RTA has requested Council to proceed with creation of the road.

No response from Erskine-Smith as at 10 Feb.

Deadline of 6 March given.

35

SF871

18/12/08

Council advertise the Pioneer Community Centre for sale by tender.  Occupants of the building to be notified of Council’s action.  Nothing be done until after April 2009 having considered submissions from user groups and that Council make a decision at that time.

 

GM

Underway

 

36

SF871

18/12/08

Council inspect the Pioneer Community Centre and Grants Hall at the April GPC

 

GM

To be listed for April GPC

37

SF639

 

Council proceed with the appointment of a 3 pw position in Finance and an Aboriginal school-based trainee.

 

GM

Underway

38

SF639

18/12/08

Council make the position of Excavator Operator redundant and increase Town Services crew from 4 staff to 5 staff.

 

GM

External recruitment to be undertaken.

39

SF639

18/12/08

Council consider the appointment of an Asset Manager in its budget for 2009/10.

 

GM

Report May 2009

40

SF639

18/12/08

Council review the Planning Department upon completion of current work program.

 

GM

Report July 2009.

 

41

SF1046

18/12/08

That the Wellington Drive component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

 

DEP

Report March 2009

42

SF30

18/12/08

Council consider an increase of 10% per capita in their contribution to Clarence Regional Library for 2009/10 ($14,000).

 

DEP

Included in Draft Budget.

43

SF30

18/12/08

Council investigate becoming registered as a deductible gift recipient in regard to library services.

 

DEP

Being investigated by Council’s finance staff.  Report to March 2009.

44

SF757

18/12/08

Council work towards establishing an alcohol free zone in Bowraville and allocate $1,000 to implementation.

 

DEP

Awaiting statistics from Police for inclusion in the consultation proposal for the AFZ.  Written request sent 12 January with follow up on 13 & 28 Jan and 6 & 9 February 09

 

The proposal is currently on exhibition closing 30 March 09.

JANUARY 2009

45

NoM

15/01/09

Council seek a time frame for land acquisition for the highway upgrade.  That the Minister be requested to receive a delegation from Council.

 

GM

Letter written

46

NoM

15/01/09

What policies does Council have with the Lands Dept for the leased area at Scotts Head?

 

GM

To be reported with Draft Master Plan.

 

47

SF733

15/01/09

Council seek further information regarding transition from coal powered to renewable energy and a National Feed-in Tariff Policy with a view to developing a position on this issue

 

GM

Report in April 2009

48

SF62

15/01/09

Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial period of 2 years.

 

GM

Tender documentation being prepared.

49

SF939

15/01/09

Council develop a marketing slogan for the Shire.

 

GM

Report in May 2009.

50

SF226

15/01/09

That a report to Council on further measures to control restricted dog breeds and crosses in the Shire.

 

DEP

Report in March 2009.

51

PRF53

15/01/09

Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.

 

DES

Quotations being sought.

Late March.

52

PRF53

15/01/09

Council investigate a grant to provide a boardwalk from Macksville CBD along Tilly Willy Creek to the concrete works with access through to McKay Street.

DES

Referred to Grants Officer.  Likely to be an issue with property owners who have direct access to Tilly Willy Creek.

 

53

PRF53

15/01/09

DES enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.

DES

Letter sent to the Manly Hydraulics Laboratory.

54

PRF614

15/01/09

Council request NSW Water Solutions to undertake further modelling in the IWCM based on a variety of population growth figures, including 1% growth, different capital costs so as to assess the sensitivity of projected water rates and developer contributions to changes in these variables.

 

DES

Underway

FEBRUARY 2009

55

SF1269

5/02/09

That Council receive a report on what staff no’s this Shire will lose and who they are in regard to the transferred sewerage and water utilities.

 

GM

Report in March 2009.

56

SF1269

5/02/09

That Council make representations to the Prime Minister that the Nambucca Valley be considered in any future economic stimulus package whereby money be made available for local roads and bridges.

 

GM

Letter sent 12/02/09.

57

SF706

5/02/09

That Council staff prepare a funding application for solar hot water and rainwater tanks for the Council Administration building provided it is fully funded.

 

GM

Referred to Grants Officer for preparation of grant.

58

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES.  To include pedestrian and vehicular access arrangements and management of environmental values.

 

DES

October 2009

59

SF241

5/02/09

That Council consider a budget allocation for seating and landscape improvements to the proposed recreation reserve on Lot 163 DP 822649, Yarrawonga Street.

 

DES

$5,000 required ($3,500 seat & shelter, $1,500 landscaping) to be considered in draft budget

60

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

DES

Letter sent seeking charge to Council determining when street lights in new subdivisions are energised.

 

61

SF1031

19/02/09

That a report come back to Council on its capacity to keep electronic information long term and in a fail safe condition.

GM

MIT to prepare report

 

 

 

 

 

 

Attachments:

 

 


Ordinary Council Meeting

5 March 2009

General Manager's Report

ITEM 9.2        SF706         050309         Grant Application Status Report - 5 March 2009

 

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 to 5 March 2009 be received.

 

 

TABLE 1

SUBMITTED APPLICATIONS

 

Grant Program

Action

Grant Details and Status

1

New Federal Environmental Programme - Still to be announced

 

Funding basis: Fully Funded

Opens: Letter of support provided

Closed: NA

Outcome: Successful funding announcement date yet to be advised

Grant 1: $TBA

Council contribution: $0.00

 

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.

2

NSW Environmental Trust Round 3 – Urban Sustainability Program

 

Funding basis: Fully Funded

Opens: Joint application submitted

Closed: 20 June 2008

Outcome: Successful

Grant 1: $1,998,820 between Nambucca, Bellingen and Coffs Harbour

Council contribution: $0.00

 

DEP

The Urban Sustainability Program aims to facilitate projects of significant environmental benefit to NSW, delivered by local government organisations in partnership with other government agencies, local businesses, community organisations and householders. Through these projects, the Program also aims to improve the capacity of communities and organisations to protect, restore and enhance the sustainability of our urban environment

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.


 

3

Northern Rivers CMA

River Reach Program - Implementation

Funding basis: Fully Funded

Opens: Application submitted

Closed: 29 August  2008

Outcome:  Successful funding announcement date yet to be advised

Grant 1: $35,000 - $45,000

Council contribution: $5,000

 

 

 

 

River Reach Program  - Plan Development

Funding basis: Fully Funded

Opens: Joint application submitted

Closed 25 August 2008

Outcome:  Successful

Grant 2: $25,500

Council contribution: $0.00

 

 

 

 

 

 

Development and Implementation of local Government local scale coastline NRM plans

Funding basis: Fully Funded up to $80,000 (total funding available)

Opens: Joint application submitted

Closed: 25 August 2008

Outcome:  Unsuccessful

Grant 3: $26,000

Council contribution: $8,000.00

 

DEP

The River Reach Program is a Northern Rivers Catchment Management Authority (NRCMA) grant scheme funded by the Australian Government through Caring for Our Country. It aims to assist groups of landholders undertake rehabilitation projects along their rivers.

1) Application submitted for 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. 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.

2) Application submitted for water monitoring and testing of the river and its estuaries within the oyster zone as well as Gumma, Tilly Willy and Newee Creek.

 

Development and Implementation of local Government local scale coastline NRM plans aims to support Local Government in undertaking on-ground works to enhance High Conservation Value ecosystems along areas of coastline not encompassed within a completed Coastline Management Plan (Byron, Ballina, Richmond Valley, Bellingen, Nambucca and Kempsey LGAs).

 

3) 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 with DECC contributing $3,000 to the project.

 

 


 

4

Fosters - Community Grant

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 23 May 2008

Outcome: Unsuccessful

Grant 1:$1,260,000

Council contribution: $0.00

 

GO/ MBD

Foster's Community Grants is an important initiative within the Foster's in the Community Program, complementing the grass roots nature of our employee driven community contributions and Foster's community sponsorships.

Foster's Community Grants is guided by a Grants Advisory Committee  chaired by Peter Cosgrove AC MC, and involving a number of eminent people.  Grants are assessed principally on the quality of the community benefit they support.  Only incorporated not-for-profit organisations and charities are eligible for funding. 

Application for the Skills Centre in Nambucca Heads on behalf of NVYEOS.

Project was not eligible as NVYEOS had not obtained ATO DGR status at time of applications being approved.

Looking at funding options when DGR status approved.

5

Telstra - Social Innovation Grant

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 13 June 2008

Outcome: Unsuccessful

Grant 1:$100,000

Council contribution: $0.00

 

GO/ MBD

Through the Social Innovation Grants, the Telstra Foundation invests in big ideas that use information and communication technologies to engage and connect Australia's children and young people (0-24 years) to their communities. They especially support those projects that focus on kids who are facing social or geographic isolation

Application for the Skills Centre in Nambucca Heads on behalf of NVYEOS.

Project was not eligible as NVYEOS had not obtained ATO DGR status at time of applications being approved.  

Looking at funding options when DGR status approved.

6

Caring for our Country – National Reserve System

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 27 June 2008

Outcome: Unsuccessful

Grant 1:$1,210,000

Council contribution: $0.00

 

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.

 

Advice received that applications will be determined in early December 2008.  Formal announcements January 2009.

 

7

Foundation for Rural and Regional Renewal – Helping Hands

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 25 July 2008 and 21 November 2008

Outcome: Unsuccessful

Grant 1:$18,984

Council contribution: $0.00

 

 

 

 

 

 

 

 

 

 

Grant 2: $45,000

Council contribution: $0.00

GO

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

 

Preference will be given to projects that support:

Community Infrastructure

Capacity Building

Health or Community Services

Access to Education or Training

Innovative Business Ventures

Environment

 

Council has assisted with two applications:

1) Unkya Reserve - Application submitted to fund Improvements including new switchboard, safety circuit breakers, power points and lights to resolve safety and power overloading issues, replacement of old canteen roof and guttering, water tank and plumbing equipment, tiling in canteen and toilet block.

2) Argents Hill Hall – Repairs to hall

8

NSW Maritime – Maritime Infrastructure Program

 

Funding basis: 1:1 basis

Opens: Application Submitted

Closed: 22 August 2008

Outcome: Successful applications to be announced February 2009

Grant 1:$22,500

Council contribution: $22,500

 

 

 

Grant 2:$30,720

Council contribution: $15,000 (Environment Levy)and the remainder in-kind contributions

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, boat ramps, public sewage pump out facilities and public moorings.

 

Two applications were submitted.

 

1) Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads.

 

2) Pontoon and Gangway at Lions Park, Ferry Street – Macksville. The application was submitted with the assistance of the Nambucca River Users Group.

9

Regional Arts Fund

 

Funding basis: 1:1 basis

Opens: Application Submitted

Closed: 14 August 2008

Outcome: Unsuccessful

Grant 1:$19,900

Council contribution: $5,000

 

 

GO/ MBD

The Regional Arts Fund is an Australian Government initiative supporting the arts in regional and remote Australia through providing funding for artform (including cross-artform) projects, multi-media projects and, in exceptional circumstances, festivals.  It is designed to support arts and cultural activities that are sustainable, have long term cultural, economic and social benefits, develop partnerships and cultural networks, provide skills development opportunities and contribute to the wellbeing of individuals and communities. 

Application was submitted to fund mosaic mural on Macksville Aquatic Centre wall to attract tourists to various attractions.

10

NSW Blackspot Program

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 22 August 2008

Outcome: Successful applications announcement date yet to be advised

Grant: $34,000

Council contribution: $0.00

 

GO/ 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.

 

Council has been informed that since the Blackspot funding panel meeting the Australian Government has made an announcement (12th December) that the Federal Black Spot Program will receive an additional $60 million in 2008-09 as part of the Australian Government’s $4.7 billion Nation Building Package,  it is anticipated that NSW will gain an additional $19.199 million on top of  next Financial Years Federal Blackspot Allocation of $19.199million. The extra $19.199million is provided on a condition that the projects will be completed by 31 December 2009 and provided the Federal Blackspot Criteria is met.

 

An application was completed to gain funding for pedestrian refuge at Bowra Street (intersection of Wellington Drive, Woods Lane, Back Street, Fraser Street), Nambucca Heads

 

11

Department of Community Services (NSW) – Area Assistance Scheme

 

Funding basis: Fully Funded up to $110,000

Opens: Applications Submitted

Closed: 10 October  2008

Outcome: Successful applications to be announced mid 2009

 

 

 

 

 

 

Grant 1:$45,000

Council contribution: $3,200 (in-kind)

 

Grant 2:$110,000

Council contribution: $0.00

 

 

 

 

Grant 3:$30,700

Council contribution: $0.00

 

 

 

 

 

 

 

Grant 4:$24,761

Council contribution: $0.00

 

 

GO

The Area Assistance Scheme (AAS) is a regional community development program run by the Communities Division, NSW Department of Community Services.

The AAS provides grants to local Councils and non-government not-for-profit 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. In 2008/09 the AAS will funds project between $10 000 and $110 000.

 

Council submitted or assisted in the following applications:

 

1) Argents Hill Hall – Improvements to hall including general maintenance and structural works.

 

2) Marine Rescue Building – Funding towards the construction of a new building for the Nambucca River Marine Rescue services to store 2 boats, other equipment and provide training and use of a meeting room.

 

3) Warrell Creek Hall – Improvements to hall including insulating part of the building and adding exhaust fans, new floor coverings in kitchen, refurbishing of stage area, fencing and boundary restoration works, new footpath, water tank, installation of alarm device for the septic overflow tank, new bbq, shade area and picnic tables.

 

4) Unkya Reserve – Improvements including new switchboard, safety circuit breakers, power points and lights to resolve safety and power overloading issues, replacement of old canteen roof and guttering, water tank and plumbing equipment, tiling in canteen and toilet block.

 

12

Department of Families, Housing, Community Services and Indigenous Affairs – Volunteers Grants Program

 

Funding basis: Fully Funded up to $5,000

Opens: Applications Submitted

Closed: 19 October  2008

Outcome: Applications 1, 2 and 3 Successful, Application 4 Unsuccessful

Grant 1:$3,030

Council contribution: $0.00

 

 

 

Grant 2:$4,950

Council contribution: $0.00

 

 

Grant 3:$ 3,199

Council contribution: $0.00

 

Grant 4:$ 4,990

Council contribution: $0.00

 

GO

Eligible organisations can apply for grant funding ranging from a minimum of $1,000 up to a maximum of $5,000. An organisation applying for a grant under the Volunteer Grants Program 2008 must be an Australian, not-for-profit organisation that is a legal entity, engaging volunteers, whose work directly benefits Australian communities.

 

Council assisted with four applications:

 

1) Nambucca District Little Athletics – Funding to purchase computer, camera and filing cabinets.

 

2) Nambucca Heads Junior Rugby League Football Club – Funding to purchase a coffee maker and a step ladder.

 

3) Nambucca Heads Touch Football – Funding to purchase a computer and a photocopier

 

4) E J Biffin Playing Fields - Funding to purchase a ride-on-mower

 

13

NSW Sport and Recreation – Capital Assistance Program

 

Funding basis: 1:1 basis

Opens: Application Submitted

Closed: 14 November 2008

Outcome: Successful applications to be announced Mid 2009

 

 

 

 

 

 

Grant 1:$8,600

Council contribution: $0.00

 

Grant 2:$21,000

Council contribution: $0.00

 

Grant 3:$30,000

Council contribution: $0.00

 

Grant 4:$14,341

Council contribution: $0.00

 

GO/ MBS

NSW Sport and Recreation (the Agency) offers the Capital Assistance Program for the development of local level facilities with the maximum grant available being $30,000.

 

Eligible applicants are those from local government authorities and incorporated not-for-profit organisations wishing to develop facilities that will increase participation in sport, recreation and physical activity. Local government authorities must submit applications on behalf of their committees e.g. Section 355 committees.

 

Council assisted with four applications:

 

1) Nambucca Tennis Club – Lighting Upgrade

 

2) Macksville Tennis Club – Court surface upgrade

 

3) Nambucca Valley Bridge Club – Funding towards new club house.

 

4) Scotts Head Bowling and Recreation Club – Installation of lights at bowling green. 

 

14

Department of Local Government – Playground Upgrades

 

Funding basis: Fully Funded up to $20,000

Opens: Application Submitted

Closed: 21 November 2008

Outcome: Successful applications announcement date yet to be advised

Grant: $20,000.00

Council contribution: $0.00

 

GO/ MBS

A total of $2 million has been made available over two years. Round 1 grants for 2008/09 have been allocated and councils are now invited to apply for Round 2 grants for 2009/10.

The grants will only be available for local government and must be used to either provide new playground facilities and/or equipment or upgrade existing playground facilities and/or equipment. Councils must utilise grants received for playground projects on land which is council-owned or managed. Funded playground projects must be free to use and publicly accessible. Projects will be funded in 2009/10 to a maximum of $20,000.

All councils in NSW are eligible and encouraged to apply for funding under the program. There is a limit of one project application per council. Councils which were successful in receiving a grant under Round 1 of the Playground Equipment Upgrade may also submit an application under Round 2.

 

An application was submitted to install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.

 

15

NSW Attorney General’s Department – NSW Crime Prevention Grant

 

Funding basis: Fully Funded up to $50,000

Opens: Application Submitted

Closed: 12 December 2008

Outcome: Successful applications announcement date yet to be advised

Grant 1:$50,000

Council contribution: $9,190 (including some in-kind)

 

GO/ MCC

NSW Crime Prevention Project Grants are provided by the CPD to support the implementation of strategies designed to reduce crime. The primary objective of the NSW Crime Prevention Grants Program is to achieve the crime reduction goals of the NSW State Plan, namely to reduce violent crime and property crime. Eligible councils are currently invited to apply for up to $50 000 per annum each year for the duration of their plan’s endorsement.

 

 

An application was submitted to implement the successful STRAW’s project implemented in Albury Wondonga.  The objective of the program is to assist in making licensed premises safer for women and reducing violent crimes against them.

 

16

NSW Department of Planning – NSW Coastline Cycleway Grants Program

 

Funding basis: 1:1

Opens: Application Submitted

Closed: 19 December 2008

Outcome: Successful applications announcement date yet to be advised

Grant 1:$128,250

Council contribution: $128,250

 

GO/ MTS

This program provides grants to non-metropolitan coastal councils to improve cycling facilities by developing and implementing the NSW Coastline Cycleway route. Councils can apply for dollar-for-dollar grants for projects on the defined NSW Coastline Cycleway route.

 

Application submitted for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads


 

17

Local Adaptation Pathway Program Grant – Round 2 - Expression of Interest

 

Funding basis: Fully Funded

Opens: Application Submitted

Closed: 25 February 2009

Outcome: Successful applications announcement date yet to be advised

Grant: $140,000

Council contribution: $0.00

 

GO/ ECO/

SP

Through the Local Adaptation Pathways Program, the Australian Government is providing funding to help councils undertake climate change risk assessments and develop action plans to prepare for the likely local impacts of climate change.

Worth up to $500,000, Round 2 of the Local Adaptation Pathways Program seeks to complement and build on the work from Round 1. While all applications will be considered, this round of funding seeks to improve participation from local governments in Outer Regional, Remote and Very Remote regions. Consortia of councils are also encouraged to apply.

For Round 2, the Program will provide local governments with grants of up to

·    $75,000 (GST exclusive) for a single council

·    $120,000 (GST exclusive) for two (2) councils

·    $140,000 (GST exclusive) for three (3) or more councils.

The funding will help councils integrate climate change risk assessment into their broader decision-making processes.

 

A joint application has been submitted from Nambucca Shire Council, Kempsey Shire Council and Bellingen Shire Council.

 

18

National Emergency Volunteer Support Fund Emergency Management Australia (EMA), the Division within the Attorney-General's Department.

Funding basis: Fully Funded

Opens: Currently Open

Closing: 6 March 2009

Outcome: Successful applications announcement date yet to be advised

Grant: $150,000

Council contribution: $0.00

 

 

The National Emergency Volunteer Support Fund focuses on emergency management volunteers in recognition of their needs and the significant front line role they play in reducing vulnerability and enhancing community safety.

To ensure ongoing protection of communities it is critical that all volunteer agencies maintain their current levels of staffing and training.

The Australian Government is offering funding in 2009/10 through the National Emergency Volunteer Support Fund for projects which specifically address the recruitment, retention and training of volunteers.

Application submitted by Nambucca River Volunteer Marine Rescue Squad.


 

19

Country Halls Renewal Fund

 

Funding basis: 2:1

Opens: Currently Open

Closing: Always Open

Outcome:

Grant 1: $TBA

Council contribution: $TBA

Grant 2: $12,754.13

Council contribution: $6,377.07

 

Grant 3: $TBA

Council contribution: $TBA

 

Grant 4: $17,052.00

Council contribution: $4,556.00

 

Country Halls Renewal Fund - $2.5 million over 5 years towards renewing country halls. The fund will be delivered by the Office of Rural Affairs.

 

Applications are currently being prepared for:

1) Argents Hill Hall – Repairs

 

2) Nambucca Entertainment Centre – External painting

3) Grants Hall – Replacement of roof

 

4) Taylors Arm Hall – Kitchen, flooring and windows

 

Notice of the program has been distributed to the Committees of Management for the halls

 

20

Norman Wettenhall Foundation

Funding basis: Fully Funded up to $10,000

Opens: Currently Open

Closing: 31 March 2009

Outcome: Successful applications announcement date yet to be advised

Grant 1: $10,000

Council contribution: $0.00

 

 

Support is given to projects that enhance or maintain the vitality and diversity of the Australian natural living environment.

 

The objectives of the Foundation are:

·     to build capacity in local communities to effect long-term beneficial change in the natural environment

·     to support and encourage research into, and monitoring of, all aspects of Australia's natural environment

·     to support education relating to our natural environment

·     Principles

 

Wherever possible, funded projects will:

·     be innovative and serve as a model for future projects

·     show collaboration with other groups, particularly community groups

·     result in long term improvement of the natural environment

·     indicate clearly, and thoughtfully, how advice of the project's outcomes will be shared

 

Pre-approval to lodge a submission has been received for funding towards seating and signage for the Crosswinds Wetlands Reserve.  A submission is currently being prepared.

 

 


TABLE 2


FUNDING PROGRAMS RECENTLY OPENED OR SOON TO BE RELEASED—FOR INFORMATION

 

Grant Program

Action

Status

1

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

 

Funding basis: Fully funded

Opens: To be advised – Expected to open February 2009.

Closing: TBA

Outcome:

Grant:$

Council contribution:$

 

GO/

MBS

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries. 

 

Eligibility criteria

 

Applications are open to providers of non-profit public or educational facilities for projects which:

§ publicly demonstrate how water and/or energy savings can work

§ stimulate investment in innovative ways to save, harvest and recycle water and/or reduce overall energy consumption (and related greenhouse emissions) and/or peak electricity demand.

 

Activities which are eligible for funding under the Public Facilities Program include, but are not limited to:

§ education activities which have the potential to increase the adoption of efficient technologies and practices

§ projects which improve the efficiency of buildings and appliances

§ projects which reduce peak electricity demand

§ projects which reduce the demand for electricity or water supplied from electricity or water supply networks, e.g. cogeneration, fuel switching, water recycling, stormwater harvesting.

2

Australian Government - Caring for our Country funding

Funding basis: Fully funded

Opens: Currently Open

Closing: 6 March 2009

Outcome:

Grant:$

Council contribution:$

 

 

Caring for our Country funding

The Australian Government is now calling for investment proposals for projects that will meet the targets outlined in the Caring for our Country business plan 2009-10. Caring for our Country is an Australian Government initiative that seeks to achieve an environment that is healthy, better protected, well managed and resilient, and provides essential ecosystem services in a changing climate.

 

Caring for our Country invites non-government organisations, landcare groups and other community groups, governments, industry and business to participate in a new approach to safeguarding Australia's natural resources and maintaining our sustainable farming systems.

Applicants are encouraged to form partnerships and collaborate in building lasting landscape-scale resilience in a changing climate.

 

Caring for our Country is focused on achieving strategic results in six national priorities:

·     the National Reserve System biodiversity and natural icons

·     coastal environments and critical aquatic habitats

·     sustainable farm practices

·     natural resource management in northern and remote Australia, and

·     community skills, knowledge and engagement.

 

The Australian Government is seeking investment proposals for landscape-scale projects that achieve one or more targets in specific geographic locations or key assets.

Projects can be large, medium or small:

·    large-scale projects in the order of $20 million over four years

·    medium-scale projects of up to $3 million per annum (a value of $2-3 million would be expected for most medium-scale projects)

·    small-scale projects of between $20,000 and $100,000 per annum.

 

Council is working together with Landcare to investigate possible projects that will meet funding criteria.

3

Building the Country Package

Funding basis: 2:1

Opens: Currently Open

Closing: Always Open

Outcome:

Grant:$

Council contribution:$

 

 

Building the Country Package announced by the Rees Government. 

 

The funding programs are designed to support people who live and work in country areas. 

Building the Country Package programs are:

 

Local Infrastructure Support Fund - $52 million over 5 years supporting infrastructure projects that are directly linked to economic development opportunities. The fund will be delivered by the Department of State and Regional Development.

 

Country Libraries Fund - $9 million over 5 years to help country libraries buy new books and digital  media, and pay for building works. The fund will be delivered by the Department of Arts, Sport and Recreation.

 

Water Adjustment Innovation Fund - $9 million over 5 years to help communities affected by water reforms invest in innovative water saving technologies. The fund will be delivered by the Department of State and Regional Development.

 

Small Communities Awareness Fund - $450,000 over 5 years to help smaller and more isolated communities develop their own websites to promote what they can offer as a business and tourism destination. The fund will be delivered by the Office of Rural Affairs.

 

Small Chamber of Commerce Fund - $450,000 over 5 years to help small town chambers of commerce with promotional work, web sites, tourism promotions, small main street programs and in conducting business seminars in country towns. The fund will be delivered by the Department of State and Regional Development.

4

The Department of Infrastructure, Transport, Regional Development and Local Government – Indigenous Road Safety Grants

Funding basis: Fully funded up to $30,000

Opens: Currently Open

Closing: 27 March 2009

Outcome:

Grant:$

Council contribution:$

 

 

The Department of Infrastructure, Transport, Regional Development and Local Government is now inviting applications for Indigenous Road Safety Grants for 2009-2010. One or more grants up to a total of $30,000 will be awarded to applicants for projects that will help improve road safety for Indigenous people.

 

Application forms and detailed information about the grants are available from the Department’s website

 

Objectives

The grant is offered as a means to:

·     encourage innovative and worthwhile initiatives to help reduce road trauma affecting Indigenous people; and

·     increase the range of initiatives available to address road safety for Indigenous people.

 

For Council’s information, as at 24 February 2009, the Grants Officer has applied for 33 grants totalling $3,445,110.  Of that total Council has been notified that grants in the amount of $64,399 have been successfully approved and $1,429,874 have been unsuccessful.  The remainder are still to be determined.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

General Manager's Report

ITEM 9.3      SF1293            050309         Finance Committee Meeting - 29 January 2009

 

AUTHOR/ENQUIRIES:     Craig Doolan, Manager Financial Services         

 

Summary:

 

The minutes of the Finance Committee Meeting held 29 January 2009 are attached for Council Information and adoption.

 

 

Recommendation:

 

That Council adopt the Minutes of the Committee Meeting held on 29 January 2009.

 

 

OPTIONS:

 

Adopt the minutes or seek further clarification on particular items.

 

 

DISCUSSION:

 

The Finance Committee Meeting is a newly formed Committee of Council comprising of the Mayor, Cr Ainsworth, Cr Moran OAM, General Manager, Manager Finance and Accountant.  This Committee is scheduled to meet Quarterly or on a needs basis.

 

The members of the Committee met on the 29 January 2009 and determined a number of matters as per attached minutes.

 

 

CONSULTATION:

The Finance Committee members

Rates Clerk

NAB

Other Councils

 

 

SUSTAINABILITY ASSESSMENT:

Environment

 

There are no environmental issues involved.

 

Social

 

Social issues will need to be considered during the Farmland Review Process.

 

Economic

 

Economic issues will need to be considered during the Farmland Review Process.

 

Risk

 

In adopting a Loan Portfolio there are always risks associated with the movement of interest rates.

 


FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

No variance to working fund.

 

Attachments:

1View

Minutes - Finance Committee Meeting - 29 January 2009

 

 

 


Ordinary Council Meeting - 5 March 2009

Finance Committee Meeting - 29 January 2009

Attachment 1

Minutes - Finance Committee Meeting - 29 January 2009

 

Present:  Mayor Hoban, Cr Ainsworth, Cr Moran, Accountant – Faye Hawthorne & Manager Finance – Craig Doolan. Rates Officer – Jenita Hunt attended for the item on farmland rating.

 

 

Apologies:  General Manager – Michael Coulter

 

 

Business

 

SF1293                  ITEM 1 – Refinancing of Loans:

 

LOANS REVIEW 2009

 

The Committee considered the report by Council’s Accountant regarding the feasibility of a loan restructure.

 

Taking into consideration the payout figures and the cost of re-establishing loans with the National, the committee decided the most favourable outcome would be to leave the existing loans as they currently are.

 

Resolved (Cr Ainsworth/Cr Moran)

 

That Council’s existing loan portfolio not be altered.

 

 

 

SF1293                  ITEM 2 – Farmland Rating Review:

 

A report on the task of reviewing assessments for farmland rating was tabled by Council’s Rates Officer. Criteria, draft application form and a timeframe for conducting the review was considered by the committee with amendments made to the draft criteria and draft application form.

 

Resolved (Cr Ainsworth/Cr Moran)

 

1.   That the following forms be applied in conjunction and form part of the farmland rating review process:

§ Application for Farmland Rating;

§ Declaration to be issued to all ratepayers receiving the Farmland Rate on a biennial basis;

§ Inspection Report, to be completed on all inspections for Farmland Rating.

 

 

2.   That all ratepayers receiving the benefit of the Farmland Rate be circularised by way of a declaration on a biennial basis, prior to the issue of annual rate assessments, so the eligibility may be determined and any adjustments made prior to the issue of the rate notice.

 

3.   Inspection of 25% of the properties already subject to the Farmland rate be carried out commencing 2010/2011 financial year, so that each property is inspected at least every four (4) years.

 

 

4.   Where a property is sold, transferred or subdivided the new owner(s) be required to complete and submit an “Application for Farmland Rating” for determination.

 

 

 

 

General Business

 

There was no General Business.

 

 

Next Meeting

 

The next meeting will be held as required specifically in relation to the farmland review process.

 

 

Meeting Closure

 

There being no further business, the meeting was declared closed at 5.05 p m.

 

 

 

 

 

........................................

 

CHAIRPERSON

 

 


Ordinary Council Meeting

5 March 2009

General Manager's Report

ITEM 9.4      SF342              050309         Valla Beach Tennis Club Inc Committee of Management - Annual General Meeting - 15 February 2009

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledges the Annual General Meeting of the Committee of Management for the Valla Beach Tennis Club Inc and the new Committee.

 

 

 

Recommendation:

 

1        That Council endorse the Committee of Management for the Valla Beach Tennis Club Inc and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Tennis Club Inc was held on Sunday 15 February 2009. 

 

The Committee of Management for 2009/2010 is:

 

          President                        Robert Sydee

          Vice President                 Graham Jones

          Secretary                        Daphne Jones

          Treasurer                         Joanna Fox

          Membership Secretary     Rosalie Wilkinson

          Committee Members        Ron Henderson, Sylvia Harris, Col McAulay.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are 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

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

General Manager's Report

ITEM 9.5      SF35                050309         Delegation of Authority - General Manager

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months of each term of office.

 

Section 377 of the Local Government Act provides that a Council may, be resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any function other than a specified list of items (a) to (u).

 

The General Manager may then delegate those functions to other staff.

 

The Promoting Better Practice Review at page 30 noted and recommended as follows:

 

“Council confirmed that there are currently no documented delegations to the Mayor.  Delegations to the General Manager and Directors have been reviewed over the past year.  Council intends reviewing remaining staff delegations following the September local government elections.  This should be prioritised and made publicly available.  Delegations should be reviewed at least every two years or whenever a change in the responsibility of a Council officer or committee member requires such a change.”

 

The General Manager’s delegations of authority were last reviewed by Council on 2 November 2006.  Given that more than 2 years of time has elapsed, they have been reviewed and are presented in the circularised document for endorsement by Council.  The circularised document shows in “track changes” the differences between the existing delegations and the proposed delegations.

 

 

Recommendation:

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment.

 

 

 

 

OPTIONS:

 

Council can adopt the delegations of authority or amend them as it sees fit.

 

As there are 152 Councils in NSW which should be considering reviewing their delegations of authority every 2 years, a suggestion has been referred to the Department of Local Government that they might consider preparing a “standard template” of delegations for metropolitan councils, rural and regional councils and Section 355 committees.  This would save consider staff resources.

 

 

DISCUSSION:

 

This matter was deferred from Council’s meeting on 19 February 2009.  It was resolved that, “the matter be deferred until Councillors have had the opportunity to compare old and new delegations with the changes highlighted”.

 

Section 380 of the Local Government Act provides that Council must review all its delegations during the first 12 months of each term of office.

 

Section 377 of the Local Government Act provides that a Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any function other than a specified list of items (a) to (u).

 

The General Manager may then delegate those functions to other staff.

 

The Promoting Better Practice Review at page 30 noted and recommended as follows:

 

“Council confirmed that there are currently no documented delegations to the Mayor.  Delegations to the General Manager and Directors have been reviewed over the past year.  Council intends reviewing remaining staff delegations following the September local government elections.  This should be prioritised and made publicly available.  Delegations should be reviewed at least every two years or whenever a change in the responsibility of a Council officer or committee member requires such a change.”

 

The General Manager’s delegations of authority were last reviewed by Council on 2 November 2006.  Given that more than 2 years of time has elapsed, they have been reviewed and are presented in the circularised document for endorsement by Council.

 

Only minor changes have been made to reflect the “call in” arrangement for development applications, to make provision for grants with other minor changes to wording and layout.  The circularised document shows in “track changes” the differences between the existing delegations and the proposed delegations.

 

 

CONSULTATION:

 

The proposed delegations of authority have been reviewed by Council’s executive management (Manex).

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Ensuring delegations of authority are comprehensive and up to date will minimise Council’s risk in any legal action.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

Circularised Document - Delegation of Authority - General Manager

 


Ordinary Council Meeting - 5 March 2009

Delegation of Authority - General Manager

Attachment 1

Circularised Document - Delegation of Authority - General Manager

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Delegation of Authority - General Manager

 

 

 

Circularised Document - Delegation of Authority - General Manager

 

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Ordinary Council Meeting

5 March 2009

Director Environment & Planning's Report

ITEM 10.1    SF135              050309         State of the Environment Program for 2008/2009

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer; Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council had previously requested that a report be prepared on the allocation of resources  and budget requirements for the preparation of the new Comprehensive State of the Environment Report due to be completed by 30 November 2009.

 

The Environmental Compliance Officer has prepared the program as outlined in the discussion section of this report and is presented to Council for endorsement.

 

A draft budget has also been prepared and will be included in the draft 2009/10 budget considerations.

 

 

Recommendation:

 

1          That Council note and endorse the proposed program for the preparation of the Comprehensive 2008/2009 State of the Environment Report.

 

2          That Council note that a draft budget request of $5,100 has been included in the draft 2009/2010 budget for Council consideration.

 

 

OPTIONS:

 

Council does not have a choice as to whether or not they wish to prepare a State of the Environment Report (SoE) as it is a legislative requirement of Council.

 

Council does have an option to prepare a much more comprehensive SoE report if it wishes to engage additional human resources to be dedicated to the process for a period of 2 months with an approximate additional expenditure of $9,000.

 

 

DISCUSSION:

 

Outlined below is the proposed program for the preparation of the 2008/09 Comprehensive State of the Environment Report.

 

The program is based on utilising in house resources and a modest budget to go towards printing and binding and advertising.

 

The Comprehensive SoE will therefore reflect the modest budget and resources available to prepare the document. Whilst it is possible that a much more detailed and comprehensive report could be prepared, the resources necessary to achieve this would require additional human resources of 1 person devoted to the project for at least 2 months - $9,000 (including on-costs) plus at least the $5,100 identified below being an approximate total of $14,100.

 

Notwithstanding  the following program has been based on in house labour to complete the project.


 

DATE

FUNCTION

COMMENTS

April ‘09

Review Format of comprehensive SoE Report and delete material not relevant for 2008/09 Report.

Recommendations from council meeting taken into consideration in format

May 31

Draft (new format) comprehensive SoE ready for review by Council

There will be no 2008/09 stats included

15 June ’09–15 July 09

Commence consultation with, Local Environmental Groups, Local Community and Funding Authorities.

Government Agencies, Councillors & Council Departments stats will not be ready

15 June ’09–15 July 09

Advertise Council is preparing SoE Report submissions to be lodged by 15/07/09

 

15/07–15/08/08

Review submissions and prepare Draft SoE Report

Draft will not have government statistics

August 31

Draft ready for committee and Council review

 

Sept 1–28 September through October ‘09

Draft on public exhibition (advertise that draft is on exhibition)

Check government agencies for current figures for report.

All submissions assessed

Just comprehensive document

31 October  09

Draft SoE Report to be finalized with all submissions and stats added

All statistics should be added by all departments

November 09

Final SoE Report and presented to Council on 20/11/08.

 

30 November ‘09

Final SoE Report to be submitted to Department of Local Government with Council’s Annual Report.

 

30 November 09

Final report to be placed on web site after adoption by Council

 

 

 

Government Agencies

Funding Authorities

Community Groups

DECC

Northern Rivers CMA

Green Team

DPI

Landcare

NSW Farmers Association

NSW Forest

Greening Australia

Nambucca Valley Conservation Assoc

NSW National Parks & Wildlife Service

Coral – Community Services

National Parks Assoc

NSW RFS

Wetland Care Australia

3 Valleys Branch North Coast Environment Council

Mines Minerals & Energy

Aboriginal Land Councils

Scotts Head Protection Group

RTA

 

South Arm River Care

Railcorp

 

Upper Taylors Arm Catchment Group

Rural Lands Protection Board

 

Valla Coastal Protection Group

Council Departments InternaL

 

Yarrahapinni Youth & Ecology Group

 

 

Scotts Head Dune Care Group

 

 

 

The above is not a comprehensive list of groups that need to be consulted as many other groups will be captured via public advertisements.

 

 


Budget for 2008/09 preparation for SoE

 

Item

Council resources

Hrs

Expenditure

Obtaining statistics

 

Environmental Officer

Internet

Telephone

Funds

50

Wages (in house)

Internet (in house)

phone usage (in house)

$100 for AHIMS data

$100

Meetings with stakeholders

Environmental Officer

Vehicle

Telephone

10

Wages (in house)

Use of vehicle (200 km) (in house)

Phone/mob usage (in house)

No additional budget

Data acquisition from other departments

Environmental officer

Manager Civil works

Engineering support officer

Waste management officer

Water and sewage engineer

Noxious weeds officer

Youth development officer

Manager community & cultural

Executive assistant – corporate

Admin support officer

Strategic Planner

Senior Town Planner

Manager health and building

5

20*

20*

1

2

2

2

2

1

1

2

1

5

Wages (in house)

* note that the data collected was also for the Cities for Climate Change which was approx 80 hrs of Manager and support officer time.

 

 

 

 

No additional budget

Writing SoE, reports to Council, letters, adverts

Environmental Officer

Funds for newspaper adverts

75

Wages (in house)

Advertising $1000

$1000

Formatting, preparation for council committees

Executive assistant – Enviro/plan

 

8

Wages (in house)

Draft document printing and binding

Printer

 

Binding

 

Colour printing Xc/pg

B/W printing Xc/pg

Binding X copies

$2000

Final document printing and binding

Printer

Binding

 

Colour printing

Binding document

$2000

Total

14 staff resources

 

Printer

Binder

Vehicle

 

Telephone

 

Funds for purchasing data

Advertising

207

Wages for 14 staff (in house)

Printing $3500

Binding $500

Vehicle usage (in house)

Phone/mobile usage (in house)

$  100

$1000

$5100

 

 

CONSULTATION:

 

Director Environment and Planning

Environmental Compliance Officer

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts with this report.

The SoE report is designed to report on the current state of the environment and measures/projects undertaken in the past and in the future.

 

Social

 

There are no social impacts with this report. The SoE report includes social impacts and issues.

 

Economic

 

There are no economic impacts with this report. The SoE report considers economic impacts associated with projects and outcomes.

 

Risk

 

There are no risks with this report. The SoE report considers a wide range of risks associated with actions.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A small budget has been requested for the preparation of the Comprehensive SoE report and the final report will reflect the modest budget provided.

 

Source of fund and any variance to working funds

 

A budget request has been made and will be considered with the 2009/10 budget.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

Director Environment & Planning's Report

ITEM 10.2    SF669              050309         Report on Draft Consultants Brief - Place Based Study - Matthew Street Scotts Head

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council resolved at its 19 February 2009 meeting:

 

That Council commission an independent place based study of the north-east side of Matthew Street to report back to Council regarding height limits and seek a variation to keep the height limit at 5 metres until this study is completed, with Council making a submission to the Department, before the deadline of 27 February 2009.

 

I advise that the request for Local Exclusion under SEPP (Exempt and Complying Development Codes) 2008 was completed and sent via courier to the Department of Planning on Tuesday 24 February 2009.

 

A Consultants Brief has now been prepared and submitted for Council’s endorsement as per Council’s requirements regarding Consultants Briefs.

 

 

Recommendation:

 

That Council endorse the Consultants Brief for the preparation of a Place Based Management Plan for the north eastern side of Matthews Street and subject to any identified amendments, and quotations be sought in accordance with Council’s Procurement Policy.

 

 

OPTIONS:

 

There are no real options for Council other than to endorse a Consultants Brief to enable quotations to be sought.

 

DISCUSSION:

 

Council’s resolution to prepare a Placed Based Management Plan needs to be in accordance with an endorsed Brief to ensure that Council gets plan that will address the competing issues for this particular precinct at Scotts Head.

 

Once Council endorse the Brief quotations will be sought and following receipt of the quotations a report will be prepared and presented to Council for appointment of the preferred consultants.

 

 

CONSULTATION:

 

Manager Planning and Assessment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts with this report. However the proposed Place Based Management Plan will consider the many competing environmental, social and economic issues

 


Social

 

There are no social impacts with this report. However the proposed Place Based Management Plan will consider the many competing environmental, social and economic issues

 

Economic

 

There are no economic impacts with this report. However the proposed Place Based Management Plan will consider the many competing environmental, social and economic issues

 

Risk

 

There are no risks with this report. However without the proposed Place Based Management Plan Council will have to consider individual risks with a merit based assessment for each lot within the investigation area.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect budgetary impacts with this report. Council will however need to consider where the funds will be allocated from once quotations are received and the subsequent report is prepared for Council determination

 

Source of fund and any variance to working funds

 

See above.

 

Attachments:

1View

4592/2009 - Consultant's Brief - Urban Design Strategy - Place Based Management Plan - Scotts Head

 

 

 


Ordinary Council Meeting - 5 March 2009

Report on Draft Consultants Brief - Place Based Study - Matthew Street Scotts Head

Attachment 1

4592/2009 - Consultant's Brief - Urban Design Strategy - Place Based Management Plan - Scotts Head

 

NAMBUCCA SHIRE COUNCIL

 

CONSULTANT’S BRIEF – MARCH 2009

 

URBAN DESIGN STRATEGY

(PLACE BASED MANAGEMENT PLAN)

 

 

1        INTRODUCTION

 

Nambucca Shire Council seeks the services of a suitably qualified and experienced consultant to prepare an urban design strategy for certain properties in Matthew Street, Scotts Head, identified in the attached map. The project will involve the preparation of a ‘place based management plan’ and recommendations for development controls relating to building envelopes and building heights for individual properties identified in the area.

 

The purpose of the strategy is to provide Council and the community with clear direction and advice for future re-development of the subject properties in Matthew Street, Scotts Head.

 

 

2        BACKGROUND

 

Council at its meeting on the 6 March 2008 considered a report dealing with a development application for additions to a two (2) storey dwelling at 18A Matthew Street, Scotts Head. The subject land is identified under the DCP 3 (Residential Development) height maps as having a 5m height limit.

 

Consideration of the development application raised doubts about the interpretation of the 5m height limit under DCP 3. There was some ambiguity about the provision which allows development up to 8m where views are not impacted.

 

Council staff recommended conditional approval. However, Council resolved “That the application be refused as it does not comply with the DCP.” A copy of this report is attached for your information.

 

The applicant subsequently appealed, and the appeal was upheld by the Land & Environment Court. Council at its meeting on the 6 November 2008 considered a report dealing with the outcome of the planning appeal. A copy of this report is attached for your information.

 

The matter regarding the appropriateness of a 5m height limit in the designated area of Matthew Street has again been raised due to the introduction of the NSW Housing Code, which provides an 8.5m height limit for complying development.

 

Council at its meeting on 18 February 2009 considered a report dealing with the implications of the Housing code and resolved:

 

‘That Council commission an independent place based study of the north-east side of Matthew Street to report back to Council regarding height limits and seek a variation to keep the height limit at 5 metres until this study is completed, with Council making a submission to the Department, before the deadline of 27 February 2009.’

 

It is anticipated that a properly formulated ‘place based management plan’ will support Council’s application for a local variation to the Housing Code and subsequent inclusion in Council’s draft Local Environmental Plan 2009. The plan should provide a co-ordinated development pattern that will allow opportunities for view corridors and view sharing in the Matthew Street precinct.

 

 

3        PROJECT TASKS

 

The consultant will be required to undertake the following tasks:

 

·        Conduct an audit of the land identified in the study area, and assess the opportunities and constraints for the future development/re-development of the respective properties.

 

·        Review the relevant Development controls that apply to the land and in particular SEPP (Exempt and Complying Development Codes) 2008; NSW Housing Code; Nambucca Local Environmental Plan 1995; NSC Development Control Plan 3 – Residential Development.

 

·        Prepare an urban design strategy for a ‘place based management plan’ to reflect Council’s intention to address the impacts of development on the unique visual characteristics of the locality.

 

 

4        OUTCOMES

 

The strategy should focus on a place-based planning approach. It is expected that the strategy will identify building envelopes to ensure a practical development pattern and a desirable built character that can be achieved in the locality. The strategy will need to ensure that use of the foreshore public open space areas are not compromised.

 

In addition to the primary development controls, such as height, depth, separation and set-backs, Council is open to suggestions about what other specific development controls should be adopted to protect the residential amenity and achieve high quality urban design standards that are in keeping with the existing and future character of the locality.

 

The consultant may consider the preparation of 3 dimensional imaging/modelling to provide visual representations for future development within the existing precinct.

 

 

5          COUNCIL SUPPORT

 

Council will provide the consultant with all available GIS mapping and data information for the subject properties.

 

It is expected that the consultant will work in partnership with Council staff to ensure that the required tasks and outcomes are completed within the agreed timeframe.

 


 

6          SCOPE OF WORK, TIMING, FEES AND REPORTING REQUIREMENTS

 

·        The consultant’s submission is to include details of the scope of work to be carried out, a time frame for completion and a fee schedule including schedule of individual rates and individual costs for attendance at Council meetings and Community meeting.

·        Council will require two (2) bound, one (1) unbound and one (1) electronic copy (compatible with Council’s Microsoft word programs) of the report and coloured maps in A3 size.

·        The consultant may be required to address Council. This will be limited to not more than one (1) Council General Purpose Committee Meeting. If the consultant is not required to address the Council, no payment for this component will be required of Council.

·        The consultant may be required to conduct one (1) community workshop. The workshop will be held in Scotts Head with the venue hire and advertising being a cost bourne by Council. If the consultant is not required to conduct the workshop, no payment for this component will be required of Council.

·        The Consultant will be expected to deliver the first draft strategy and review of the draft DCP to Council within 4-6 weeks of engagement.

·        The draft strategy will be presented to Council at its first available meeting, prior to public exhibition of the draft strategy.

·        Following exhibition, the Consultant will consider any submissions and prepare a report with recommendations for any amendments, and present this to Council within 2-3 weeks of the draft coming off exhibition.

·        The project time line is expected to be completed within 12-15 weeks from date of engagement.

 

 

7        PAYMENT

 

Accounts shall be submitted:

 

a        With the draft strategy to the Manager Planning and Assessment, for 70% of the value of the work. Council will pay the approved account within 30 days; and,

 

b        when the final strategy report has been considered by Council, for the remaining value of the work. Council will pay the approved account within 30 days.

 

PAYE and Superannuation Guarantee requirements will NOT apply. If the Consultant is a partnership or company, the account shall be accompanied by:

 

Entity                Documentation

 

Partnership     Copy of standard invoice highlighting name of partnership

                          Copy of current workers compensation policy

 

Company          Copy of standard invoice highlighting the ACN (Australian Companies Number)

                          Copy of current workers compensation policy

 


 

8        INSURANCE

 

Consultants are required to hold the following insurance cover:

 

·        Professional Liability and Indemnity – minimum indemnity limit of $500,000;

·        Worker’s Compensation – as required by current legislation; and

·        Public Liability – minimum cover of $10 million.

 

Proof of insurance cover shall be provided prior to the commencement of any work under this brief.

 

 

9        ASSESSMENT AND ACCEPTANCE OF PROPOSALS

 

All proposals will be assessed by Council taking into consideration:

 

·        Relevant qualifications of the Consultant(s);

·        Experience and reputation of the Consultant(s);

·        Understanding of the project; and

·        Proposed level of assistance.

 

Following assessment, Council may not accept any proposal.

 

The successful Consultant will be notified in writing.

 

 

10      COPYRIGHT

 

Copyright in the draft and final reports shall be vested in Nambucca Shire Council.

 

 

11      CONFIDENTIALITY

 

The draft and final reports shall not be made available to any person or organisation other than authorised officers of Nambucca Shire Council, without the written approval of the General Manager, Nambucca Shire Council.



 

 


Ordinary Council Meeting

5 March 2009

Director Environment & Planning's Report

ITEM 10.3    DA2009/061      050309         Report on Change of Use to Medical Centre - 42 Bowra Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Kathy Beech, Town Planner         

 

Summary:

 

Applicant/Owner:             Durri Aboriginal Corporation Medical Service

 

Proposal:                         Consolidation of three strata lots into one and refurbishment of building for                                         change of use to medical centre.

 

Property:                         Lots 12, 13 & 14 SP 21717

                                        42 Bowra Street, Nambucca Heads

 

Zoning:                            3(a) General Business

 

Council is in receipt of a development application seeking approval for the refurbishment of three adjoining units. The units are located within a commercial complex comprising an arcade located in the central business district of Nambucca Heads (Bowra Street).

 

The proposal will enable the Darrimba Maara Aboriginal Health Clinic (DMAHC) to expand its services from a community health centre which they currently operate out of one of the units proposed to be amalgamated (Lot 13) to a medical centre.

 

Consolidation of the three units into one will be required as part of any development consent.

 

The application is reported to Council for determination due to a shortfall in the required number of off-street car parking spaces as stipulated in Council’s Development Control Plan (DCP 1). The shortfall is two car parking spaces; one space being a disabled car parking space.

 

Eleven off-street car parking spaces, including one disabled space, are required for the proposed development under the provisions of DCP 1. In conjunction with their previous uses, the three units have a combined allocation of 9 car parking spaces from the existing strata car park.

 

The subject lots are located within a strata development with shared car parking consisting of 21 parking spaces. There is no vacant space within the existing strata car park for the creation of any more parking spaces. It is therefore not possible for the applicant to provide parking in addition to its current entitlement of 9 spaces. Furthermore, the subject site is not within the boundaries of Council’s section 94 contribution plan for car parking in Nambucca Heads, so a monetary contribution in lieu of the two parking spaces cannot be levied.

 

The applicant requests that Council acknowledge these constraints and resolve to waive the off-street car parking requirements for this development.

 

 

Recommendation:

 

1        That Council relax its requirements for Off Street Parking as outlined in Development Control Plan No 1 – Off-street Parking for this redevelopment as sufficient car park spaces are available in the immediate location and unlikely to cause traffic/parking congestion.

 

2          That development consent for development application DA 2009/061 be granted subject to the conditions of consent attached to this report.

 

 


OPTIONS:

 

Council may decide to defer the consideration of this application and require the Car Parking S94 Plan to be amended for the whole of Bowra Street to ensure that monetary contributions may be applied for this and any future redevelopment that may occur in Bowra Street.

 

Alternatively Council may refuse the development application or amend the development consent conditions. If Council decides to refuse the application, then appropriate reasons must be provided in its determination.

 

DISCUSSION:

 

The development site comprises three adjoining lots located within a strata block comprised of 6 units.

 

The subject site is zoned 3(a) General Business and is located within the central business district of Nambucca Heads.

 

Lot 13 has, until recently, been utilised by DMAHC as a community health centre (the centre is temporarily closed pending the outcome of this application). Lot 14 was previously used as an opportunity shop by St Vincent de Paul and Lot 12 was formerly used as the office for the Guardian Newspaper.

 

The proposed development is for the consolidation of the three lots and refurbishment of the buildings for use as a Medical Centre by DMAHC. The proposed development is permissible in the 3(a) General Business zone, with the consent of Council.

 

The location of the proposed medical centre is deemed to be suitable given its accessibility and proximity to commercial and residential areas.

 

Existing car parking provisions consist of 21 car parking spaces located in a shared strata car park on the Fletcher Street side of the units. The strata car park is for the general use of all shopping arcade buildings. An inclined concrete pedestrian laneway links the car parking area to the units and continues through to Bowra Street.

 

The current use of Lot 13 as a community health centre entitles the lot to 4 car parking spaces allocated from the existing strata car parking (as per consent condition No. 4 of DA 2002/287). Based on previous use (shop/office) and gross leasable floor area, Lot 12 and Lot 14 have an entitlement of 2 and 3 parking spaces respectively. Thus, a total of 9 car parking spaces from the approved strata parking can be used by the three units. However, the parking spaces are not designated as being allocated to any particular shop and the car parking area is open to use by any member of the public.

 

The proposed development and the change of use to a Medical Centre will require one additional parking space and one disabled car parking space (as shown in the calculations below).

 

The existing off street car parking area cannot be further extended to provide for additional car parking. Because the parking area is shared, it is not considered appropriate to require the applicant to formally designate the 11 required parking spaces.

 

 Parking Requirements for Medical Centre

 

Councils Off-Street Parking Code sets down the requirements for all new development to provide off-street car parking for various types of development. For a Medical Centre, the DCP requires:

 

·              1 space for every 2 employees;

·              3 spaces for every consultant; and

·              disabled parking at the rate of 3% of the above total

 


Employees:

 

The proposed Medical Centre will employ 7 full time employees (ie support staff/non-consultants). Based on the above ratios, the required car parking for employees is 4 spaces.

 

Consultants:

 

The proposed Medical Centre will employ 12 consultants, all of which will be employed part time over either a weekly, monthly, bi-monthly or tri-monthly schedule.

 

The part time nature and staggered work schedule of the consultants effectively results in the 12 consultants equating to only 2 full time positions. The work schedule is such that it would be unlikely for there to be more than 2 consultants working on any one day during any one week. In any case only 2 consulting rooms will be provided in the proposed Medical Centre.

 

Based on three spaces per consultant the required parking for consultants and their clients is 6 spaces.

 

The total number of parking spaces required for the proposed development is 10.

 

Disabled Parking:

 

One disabled car parking space is required (3% of the 10 standard spaces) for the development under the DCP.

 

In recognition of their inability to provide a disabled car parking space, the applicant requested that Council via its Traffic Development Committee, consider designating an additional disabled car parking space at the Bowra Street entrance to the proposed centre. At its meeting on 5 February 2009 Council endorsed the recommendation by the Traffic Committee to review the usage of the existing disabled car parking spaces on Bowra Street and undertake public consultation with nearby business to determine the feasibility of providing an additional disabled parking space.

 

Anticipated transport needs of clients:

 

The applicant’s supporting statement also points out that there is limited car ownership amongst the Indigenous population in the Shire and reliance on public transport or the Clinic’s minibus will absorb most of the client transport demands. The applicant anticipates that the mini bus will provide 60-70% of client transport needs (both to and from the clinic) thereby reducing the need for car parking from clients.

 

Public car parking, including two disabled parking spaces and public transport pick up and drop off points, are located along the Bowra Street frontage.

 

Notwithstanding, and albeit at a somewhat lower grade, the public car park in Fletcher Street adjacent to Rosedale Street also provides disabled and public car park spaces.

 

 

CONSULTATION:

 

Internal Referrals

 

Department of Engineering

 

No objections are raised to the proposal subject to the submission of a section 138 Works in Road Agreement being entered into prior to construction commencing.

 

Health and Building

 

No objections are raised to the proposal subject to the imposition of a number of conditions of consent.

 

Access – Manager Community Services

 

No objections are raised to the proposal subject to the imposition of a condition of consent requiring compliance with AS 1428.1 - Design for Access and Mobility, Part D3 of the Building Code of Australia and Council’s Development Control Plan No. 14 - Equity of Access and Mobility.

 

Traffic committee

 

No objections are raised to the proposal.

 

 

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

 

a(i) The Provisions of any Environmental Planning Instruments

 

Nambucca Local Environmental Plan 1995

 

The subject land is zoned 3(a) General Business pursuant to the provisions of Nambucca Local Environmental Plan 1995 (NLEP). The proposed development is defined as a “Medical Centre” in the NLEP and is permissible with development consent.

 

It is considered that the proposal complies with the objectives of the zone.

 

North Coast Regional Environmental Plan

 

The proposal complies with the objectives and controls as set out in the Regional Environmental Plan.

 

State Environmental Planning Policies

 

The proposal is affected by State Environmental Planning Policy 71 – Coastal Protection. Following consideration of Clause 8 and 12-16 inclusive, the proposal complies with the requirements of the SEPP and will not create any adverse impacts on the coastal environment.

 

a(ii) The Provisions of any Draft Environmental Planning Instrument

 

There is no draft Environmental Planning Instrument affecting the subject site.

 

a(iii) Any Development Control Plan

 

DCP 1 - Off Street Parking

 

The requirements of DCP 1 and the constraints faced by the applicant in regard to providing off-street parking have been discussed in a previous section (see “Discussion”). The proposed development is deficient by 2 car parking spaces unable to be provided on the site.

 

Equity of Access and Mobility DCP 14

 

Alterations and additions to an existing commercial building are required to comply with Council’s guidelines for equity of access and mobility. The aims and objectives of the Code are designed to ensure adequate access is provided to the site and within the site.

 

Access to the proposed medical centre can be made via the pedestrian laneway off Fletcher Street. The existing ramp off this laneway and into the proposed medical centre will be modified to comply with AS 1428.1 (1:14 gradient). Access to the site is also available from Bowra Street via a level concrete path which is deemed to facilitate safe and reasonable disabled access, as required by the DCP.

 


A condition has been proposed in the draft consent to ensure compliance with AS 1428.1 - Design for Access and Mobility, Part D3 of the Building Code of Australia and Council’s Development Control Plan No. 14 – Equity of Access and Mobility. Compliance can be demonstrated on the plans and specifications submitted in the application for a Construction Certificate.

 

DCP 12 - Advertising and Development

 

The development was advertised and notified for a period of 21 days from 3 December 2008 to 5 January 2009 in accordance with DCP 12. The proposal was available for viewing at Council’s Administration Centre for this period and submissions were accepted up to and including 5 January 2009. No submissions were received

 

a(iv) Any Matters Prescribed by the Regulations

 

NSW Coastal Policy 1997

 

The proposal complies with the principles of the NSW Coastal Policy. It is considered that the proposed development and subsequent use of the buildings will not adversely impact on foreshore or estuary amenity, or interfere with coastal ecological processes.

 

Environmental Planning & Assessments Regulations 2000

 

Pursuant to Clause 94(1) of the Environmental Planning and Assessment Regulations 2000, the existing building(s) are to be brought into compliance with the fire safety provisions of the Building Code of Australia.

 

b          The Likely Impacts of the Development

 

The proposed development will expand the existing community health clinic and provide a greater range of specialist consultants for the Indigenous community.

 

It is not anticipated that the shortfall in car parking spaces will cause congestion or inconvenience to customers given that some off-street parking will be available to both staff and client’s in the strata car park, and that a large proportion of clientele will rely on public transport or the centre’s minibus to attend the centre.

 

c          The Suitability of the Site for the Development

 

Services

 

Existing services such as water, sewer, drainage, electricity and telephone services are available for the development.

 

Constraints

 

The site is not subject to any constraints that would render it unsuitable for the development.

 

 

d          Any Submissions Made in Accordance with the Act or the Regulations

 

No submissions were received commenting on or objecting to the proposal.

 

e        The Public Interest

 

The public interest will be well served by an expanded and centrally located medical service that augments existing allied health services and health education programs in the shire. In particular, the proposed development will provide a medical service that is appropriate to and targeted at the health needs of the Indigenous community.


CONCLUSION:

 

The proposal will result in a shortfall of two car parking spaces for the development. It will however, also result in significant benefit to the community in terms of the provision of health care services.

 

Given the anticipated use of the Medical Centre’s minibus for transporting clients to and from the Centre, it is considered that, despite the shortfall in 2 car parking spaces, the proposed development will be capable of accommodating the parking needs of the employees, consultants and their clients.

 

The benefits the proposed development will bring to the Shire will offset any inconvenience that may be caused by the shortfall in car parking.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There will be no significant adverse impacts on the environment.

 

Social

 

The proposed development will enhance the provision of medical services to the Indigenous community.

 

Economic

 

The location of the proposed development will indirectly augment the economic activity of the Nambucca CBD, and the development itself will provide additional employment within the Shire.

 

Risk

 

The proposed development and the shortfall in two off street car parking spaces will not increase Council’s liability.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed development will have no direct or indirect impacts on current or future budgets, unless the Traffic Committee determines to provide an additional disabled car parking space along Bowra Street.

 

Source of fund and any variance to working funds

 

No funding will be required from Council unless the determination is made to provide an additional disabled car parking space on Bowra Street. However, whilst such a determination may have been prompted by the applicant’s request for Council to provide an additional disabled parking space, such a space will be for public use and benefit. The funding will come from Engineering works budget.

 

 

DETAILS OF PROPOSED CONDITIONS

 

1        Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.


 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

 

ASSAI

14 November 2008

Plan Nos.: A101; A201; A202 & A301

A

ASSAI

14 November 2008

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting document referred to above, the conditions of this development consent prevail.

 

2        Compliance with Building Code of Australia

 

All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

This condition does not apply:

 

a        to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b        to the erection of a temporary building.

 

3        Existing buildings to be bought into compliance with fire safety provisions

 

In accordance with Clause 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s) to be brought into total compliance with the fire safety provisions of the Building Code of Australia Sections D & E.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

4        Long Service Levy to be paid

 

A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

 

5        Trade Waste Section 68 approval required

 

An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained prior to the issue of a Construction Certificate. The necessary pre-treatment processes/devices must be determined in consultation with Council’s Trade Waste Officer prior to commencement of work.

 

6        Access and facilities for disabled

 

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility, Part D3 of the Building Code of Australia and Council’s Development Control Plan No. 14 – Equity of Access and Mobility.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

 

7        Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's adopted engineering standards.

 

8        Site construction sign required

 

A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a        showing the name, address and telephone number of the principal certifying authority for the work;

b        showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and

c        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m2.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

9          Construction times

 

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

10   Builders rubbish to be contained on site

 

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

11         Standards for demolition work

 

All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”. Prior to demolition, all services are to be disconnected and capped off.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

 

12        Land to be consolidated

 

All separate parcels of land are to be consolidated into one allotment and registered with the Land Titles Office.

 

13         Trade waste

 

Applicant is to submit to Council a liquid trade waste application providing relevant details of trade waste generation and proposed pre-treatment of trade waste (where required). A Trade Waste Service Contract must be entered into prior to the issue of an Occupation Certificate.

 

Pre-treatment devices must include:

 

·           the installation of a 1000L grease arrestor and dry basket arrestor on the kitchen sink waste outlet; and

 

·           backflow prevention devices, appropriate to the property’s hazard rating, installed in accordance with the NSW Code of Practice for Plumbing and Drainage and AS/NZ 3500.1.

 

These devices must be installed prior to the issue of the Occupation Certificate.

 

14         Sewer and water to be connected

 

Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

 

15         Works to be completed

 

All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

16         Restricted hours of operation

 

The hours of operation of the business are restricted to 7 am to 7 pm Monday to Friday.

 

Any alteration to the above hours of operation will require the further consent of Council.

 

17         Fire Safety Certificate (Part 9 of the Environmental Planning & Assessment Regulation 2000)

 

As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

 

a        must provide a copy of the Certificate (together with a copy of the Fire Safety Schedule) to the Commissioner of the NSW Fire Brigade; and

b        must display a copy of the Certificate (together with a copy of the current Fire Safety Schedule) in a prominent position in the building.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

5 March 2009

Director Environment & Planning's Report

ITEM 10.4    SF30                050309         Report on Minutes of the Clarence Regional Library Committee of Management Meeting Held 6 February 2009

 

AUTHOR/ENQUIRIES:     Coral Hutchinson, Manager Community and Cultural Services         

 

Summary:

 

Attached for Council’s information are the report to and minutes of, the Clarence Regional Library Committee of Management meeting which was held in Grafton on Friday 6 February 2009.

 

Cr Michael Moran was in attendance. 

 

Council is advised that the recommendations contained within the minutes are for the endorsement of Clarence Valley Council as the CRL Committee of Management is a section 355 Committee of that Council.  Nambucca Shire Council may wish to provide comment or feedback via its Committee delegates being Councillors Smyth and Moran.

 

 

Recommendation:

 

That minutes of the Clarence Regional Library Committee of Management meeting which was held on Friday 6 February 2009, be noted.

 

 

OPTIONS:

 

No options are presented as the report is for information.

 

 

DISCUSSION:

 

Background information is contained within the report document.

 

CONSULTATION:

 

No consultation required.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Any reference to Council financial contributions to Library operations will be dealt with through Council’s 2009-10 Budget and Management Plan

 

Risk

 

Nothing identified

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

4591/2009 - Minutes of Clarence Regional Library held 6 February 2009

 

 

 


Ordinary Council Meeting - 5 March 2009

Report on Minutes of the Clarence Regional Library Committee of Management Meeting Held 6 February 2009

Attachment 1

4591/2009 - Minutes of Clarence Regional Library held 6 February 2009

 

PRESENT:                   Bellingen Shire Council

                             Sharon Uthman

                            

                            

                             Nambucca Shire Council

                             Cr Michael Moran

                            

                            

                             Clarence Valley Council

                             Cr Karen Toms

                             Anne D’Arcy (Executive Officer)

 

Also present were         Sally Walters (Regional Librarian)

                             David Hassett (Clarence Valley Council, Finance)

 

1. APOLOGIES

 

Cr Kerry Child (Bellingen Shire Council)

Cr Anne Smyth ( Nambucca Shire Council)

 

2. Disclosure of Conflict of Interest

 

Nil

 

3. CONFIRMATION OF MINUTES – Meeting held 5 December 2008.

 

RESOLVED

 

          Moran/D’Arcy

 

That the minutes of the Clarence Regional Library meeting held on 5 December 2008 be accepted with the amendment noting Cr Moran’s objection to the recommended 10% increase in the per capita contribution to the Clarence Regional Library.

 

4. Business arising from the Minutes – Meeting held 5 December 2008.

 

Nil.

 

5. Correspondence

 

Incoming

The Honourable Jillian Skinner MP responded to the written request of the Clarence Regional Library Committee for her to investigate into the Governments progression towards the recommendations outlined in the Report provided by Dr Tom Parry when investigating Public Library funding in New South Wales.

 

RESOLVED

 

Uthman/Toms

 


6. Executive Officer’s Report No. 01/09

 

6.1 Budget Contributions for 2009/10

 

REPORT SUMMARY

 

This report provided an estimate of the contribution by each member Council to the Clarence Regional Library budget for the 2009/10 financial year as per the decision of its meeting of the 5 December 2008.

 

OFFICER’S RECOMMENDATION

 

That each delegate advise the relative Council of the estimated financial contribution to the Clarence Regional Library for the 2009/10 financial year as agreed at the Clarence Regional Library Committee meeting on the 5 December 2008.

 

COMMITTEE RECOMMENDATION

 

That the report be noted

 

RESOLVED

 

Moran/Toms

 

That the report is noted.

 

7. Regional Library Reports No. 01/09

 

7.1 Living Learning Libraries Statistical Comparison

 

REPORT SUMMARY

 

This report outlined the Clarence Regional Library’s position using the Library Council of New South Wales standards for public libraries.  It noted that the Clarence Regional Library does not meet 13 of the 16 standards outlined such as staffing and book resources.

 

OFFICER’S RECOMMENDATION

 

That the report be noted.

 

COMMITTEE RECOMMENDATION

 

That the report be noted

 

RESOLVED

 

Toms/Moran


 

7.2 Library Management System Upgrade

 

REPORT SUMMARY

 

This report outlined the progress made to date on the upgrade of the Library Management System – Spydus.

 

OFFICER’S RECOMMENDATION

 

That the report be noted.

 

COMMITTEE RECOMMENDATIONS

 

That the report be noted.

 

RESOLVED

 

Moran/Uthman

 

8. Items for Information

The Committee welcomed David Hassett from Clarence Valley Council’s Finance team to discuss the Clarence Regional Library’s 2007/08 Financial Report.  A copy of the report was presented to each delegate.  It was explained to the delegates that overall the Clarence Regional Library was performing better as a direct result of the increase in income the member councils provided. 

 

9. Additional Matters

The Regional Librarian presented a brief overview of the Clarence Regional Library’s re-developed website. Noting the new services such as Your Tutor, Tumblebooks and Ziptales for young people.  It was reported to the Committee that the feedback received from the branch staff, and the library profession indicated that it was a very functional and was being well received by the community.

 

10. Next Meeting:

 

          24 April -  Bellingen

          7 August 2009 – Macksville

          6 November 2009 – Grafton

 

The meeting concluded at noon.

 

THIS CONCLUDED THE BUSINESS

 

 

 

Anne D’Arcy

Executive Officer

Clarence Regional Library

 

Prepared by:        Sally Walters

Section:      Regional Library

 


Ordinary Council Meeting

5 March 2009

Director Environment & Planning's Report

ITEM 10.5      SF1261            050309         Outstanding DA's >12 months old & applications where submissions received & not determined - 24 Feb 2009

 

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. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

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