NAMBUCCA SHIRE COUNCIL

 

ORDINARY COUNCIL MEETING - 16 JULY 2009

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 2 July 2009

5        Notices of Motion

5.1     Notice of Motion - Dingos in Nambucca Shire

5.2     Notice of Motion - Removal of Podium in Council Chambers

5.3     Notice of Motion - Reinstatement of Questions without Notice in the Business Paper

5.4     Notice of Motion - Community Services - Deleted from Council's Portfolio

5.5     Notice of Motion - Request for Leave - 28 July 2009 to 7 August 2009 - Cr Smyth  

6        DELEGATIONS (if any)—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

9.2     Council's capacity to ensure the preservation of Council's electronic information

9.3     Local Government Remuneration Tribunal - Determination of Councillor Remuneration Effective from 1 July 2009

9.4     Request by Nambucca River Jockey Club to purchase Council Land at the Bowraville Racecourse Precinct

9.5     Special Rate Variation and Making of Rates - 2009/2010

10      Director Environment and Planning Report

10.1   Contract Regulatory Officer's Report - June 2009

10.2   Outstanding DA's >12 months, applications where submissions received & not determined 4 July 2009

10.3   DEP Applications and Statistical Reports July 2008-June 2009, 2002-2009 and Certificates Received 2004-2009

10.4   Report on Joint Bushfire Management Committee Meeting held 10 June 2009

10.5   Report on Department Of Local Government Circular 08-61 - Plumbing Inspections By Council

10.6   Report on Successful Funding Application - Local Adaptation Pathways Program

10.7   Report on Minutes of Access Committee Meeting 23 June 2009

11      Director Engineering Services Report

11.1   Tree Planting Plan 2009/2010  

12      General Purpose Committee 15 July 2009 - REPORT

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

12.1   Alliance Tender for the Provision of a Corporate Software System

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


 

12.2   Plant Operations Reports - Paveliner and Major Plant

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

            a      Questions raised by Councillors at 8 above

 

i      MOTION TO CLOSE THE MEETING

ii      PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii     CONSIDERATION OF PUBLIC REPRESENTATIONS

            iv     DEAL WITH MOTION TO CLOSE THE MEETING

 

14      MEETING CLOSED TO THE PUBLIC

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

.

 


Ordinary Council Meeting

16 July 2009

Notice of Motion

ITEM 5.1      SF225              160709         Notice of Motion - Dingos in Nambucca Shire

 

AUTHOR/ENQUIRIES:     John Ainsworth, Councillor         

 

Summary:

 

There have been recent numerous recent sightings of what appear to be full bred dingos—up to seven in a pack—on the beaches and properties in the Scotts Head and Way-Way area coupled with an increasing number of dog-related livestock deaths.

 

Given that there have been no sightings of pure-bred dingos in this area for over thirty years, the sudden sightings of such a large number of these dogs has raised the issue of where did they come from almost instantaneously.

 

Many residents consider that these dingos may have been relocated by the National Parks and Wildlife Service.

 

 

Recommendation:

 

That Council write to National Parks and Wildlife Service to enquire as to whether or not the Services has relocated Dingos to the Yarrahapinni/Way Way area.

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Notice of Motion

ITEM 5.2      SF283              160709         Removal of Podium in Council Chambers

 

AUTHOR/ENQUIRIES:     John Ainsworth, Councillor         

 

Summary:

 

On reflection I believe that Council should reconsider the removal of the podium from the Council Chambers.  A rebated ramp to the podium is the better option.

 

 

Recommendation:

 

That a rebated access ramp be provided to the podium in the Council Chambers in lieu of its removal.

 

 

 

DISCUSSION:

 

I know that Council endorsed the removal of the podium in adopting the minutes of the Access Committee meeting at Council’s meeting on 16 April 2009.  However on reflection I believe that this is a retrograde step for a number of reasons.

 

I understand it’s possible to provide a rebated ramp on the eastern side of the Council Chambers which will provide disabled access to the podium area.  This would respond to the concerns of the Access Committee.  I also understand this will likely be cheaper than removing the podium with the possibility that electrical cabling will need to be relocated.

 

I also think that the retention of the podium is important for the chairing of meetings, and particularly the Council meeting.  The Mayor has to have a good view of the Council Chambers and gallery which is provided by the podium.

 

CONSULTATION:

 

The General Manager has advised me that a rebated access ramp to the podium can be provided on the eastern side of the Council Chambers.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No implications.

 

Social

 

The ramp will provided disabled access.

 

Economic

 

No implications.

 

Risk

 

Council will meet its legal requirements.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A provision of $1,500 has already been made in the budget.

 

Source of fund and any variance to working funds

 

No implications.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Notice of Motion

ITEM 5.3      SF1269            160709         Reinstatement of Questions without Notice in the Business Paper

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

The notice of motion seeks the reinstatement of questions without notice in the business paper agenda.

 

 

Recommendation:

 

That questions without notice always be included in the Council meeting business paper agenda.

 

 

 

DISCUSSION:

 

I’ve noticed that the opportunity for questions without notice seems to have slipped off the agenda.

 

A lot of people ask me questions and they expect me to put their questions before Council.  I should be able to ask those questions in questions without notice.  Otherwise there is no democracy.

 

 

 

MANEX COMMENT

 

Council receives on average 60 (mainly telephone) operational requests per week which have to be actioned by Council staff.  It is recommended that Councillors who wish to raise operational matters do so via the Customer Request System which already handles these operational requests.  They can be made over the phone or email during business hours rather than being “stored up” for a Council meeting

 

Matters which are not operational can be dealt with via a Notice of Motion.

 

In this way, Questions Without Notice is superfluous and their deletion from the Agenda satisfies the concerns raised in the Promoting Better Practice Review. 

 

A further issue with Questions Without Notice is the tendency for statements to be put, which again should be dealt with via a Notice of Motion.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Notice of Motion

ITEM 5.4      SF1269            160709         Notice of Motion - Community Services - Deleted from Council's Portfolio

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

Nambucca Shire Council delete Community Services from Council’s portfolio to finance infrastructure of roads and bridges

 

 

Recommendation:

 

1        That Council delete Community Services from Council’s portfolio.

 

2        That the savings from the deletion of Community Services be used to finance infrastructure of roads and bridges.

 

 

 

 

MANEX COMMENT

 

This is obviously a major organisational change and involves Council’s vision, function, organisation structure, financial agreements with third parties and contractual arrangements.  There will also be industrial implications with the need to make at least 8 full time positions redundant. 

 

These should not be addressed as a Notice of Motion in the manner requested.  The preferable approach would be to consider proposals of this magnitude in the preparation of the Draft Management Plan.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Notice of Motion

ITEM 5.5      SF1269            160709         Notice of Motion - Request for Leave - 28 July 2009 to 7 August 2009 - Cr Anne Smyth

 

AUTHOR/ENQUIRIES:     Anne Smyth, Councillor         

 

Summary:

 

Cr Smyth has requested leave from 28 July 2009 to 7 August 2009 inclusive.

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 28 July 2009 to 7 August 2009 inclusive.

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.1      SF959              160709         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

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

 

 

 

Recommendation:

 

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

 

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

1

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.

                    

The meeting with Dave Mitchell was held on the 25 March 2009 and as a result Council determined a number of actions:

 

1  That a letter be written to the Minister for Primary Industries seeking legislation that enables enforcement of the Code of Conduct for Ocean Haul Fishermen.

 

2  That information be sought on the success or otherwise of having a Professional Fishermen's Motor Vehicle Beach Access Permit.

 

3  That the Department of Primary Industries Representative raise the concerns of Nambucca Shire Council at the next meeting of the Ocean Haul Operators Management Advisory Committee.

 

4  That the Department of Primary Industries be asked to provide temporary signage on the beach that advises the public that Beach Haul fishing is underway with reference to the Department of Primary Industries Website.

 

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.

Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March.

 

David Mitchell has spoken to local commercial operators re Council concern.

 

Request for feedback sought from Kempsey Shire Council on the Professional Fishermen’s Permit Scheme.

 

Minister’s representative considering Council’s comment on a legislated Code of Conduct.

 

Season is late this year, expected late May.  The Department of Primary Industries will respond to any issues.  The Department of Primary Industries will be issuing guidelines that include the beach signs.

 

Floods have impacted on this year’s season.  Mullet prices are low.  Likely to be little impact this year.

 

Response to Council drafted.  Not received as at 6 July 2009.


 

JULY 2008

 

 

 

 

 

 

1

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.

Follow up letter sent 9 April.

 

2

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

Outcome of grant expected early December but not yet received.

Funding declined.  Work on preparing plan to be scheduled.

 

Interested parties will need to identify potential uses for inclusion in revised plan of management.

 

Local cricket and soccer associations to be contacted regarding use of the fields.

 

No response as at 22 June 2009.

 

OCTOBER 2008

 

3

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.

Separate assessments underway for:

 

Ellis Ave & Doyle Lane Landslips:

      Awaiting further survey.  GHD site mapping complete.

 

Catchment Assessment:

       Report being prepared by GHD.

 

 

 

NOVEMBER 2008

4

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

5

SF42

20/11/08

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

 

DEP

16 April 2009

Matter deferred as AIBS and DEPA are currently investigating the consequences of this circular.

 


 

DECEMBER 2008

 

6

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.

7

 

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.

8

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.

Deferred in Draft Budget.

16 April 2009 meeting.

Deferred until draft Nambucca River Master Plan prepared.

 

JANUARY 2009

9

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.

Deferred to May 2009.

Deferred to June 2009.

Deferred to July 2009.

Brief posted – deadline 31 July 2009.

 

10

PRF53

15/01/09

DES to 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.

 

The Dept of Commerce have advised that Council in 1981 raised no objection to the Department of Public Works proposal to install an automatic recorder after consideration of the approximate location and type of structure, The site is important because of the consistency with historical data. An alternative building or structure must still use the same site.

 

 

Letter sent re standard of building required.

 

 


 

FEBRUARY 2009

11

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

12

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

DES to meet Country Energy to discuss further.

 

Meeting 15 June 2009—Cancelled

Now 13 July 2009

 

13

SF1031

19/02/09

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

 

GM

MIT to report in July 2009.

MARCH 2009

14

SF1297

5/03/09

That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.

 

DEP

Letters to be prepared and sent.

 

Letters sent 16 March 2009.

Response from DECC received

No response from RFS as at 23 June 2009.

Further letter sent to RFS 3 July 2009.

 

15

DA09/049

5/03/09

The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

 

DES

Letter sent.

 

No response as at 24 March 2009.

 

RTA advised 6 April 2009 that they will review and advise Council of outcome.

Follow up letter sent to RTA.

 

Verbal advise that on-site assessment done.  No written notification 6 July 2009.

 

16

DA09/061

5/03/09

That Council review the Carparking Section 94 plan for Nambucca Heads..

 

GM

Target report to Council in July 2009.  Report to consider priorities for contribution plan reviews.

 

Awaiting on Section 94 Coordinator, deferred to August 2009.

 

17

SF791

19/03/09

That a report go back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

 

 

GM

Report to come back following advertising.

 

DES to investigate potential for closure of part of the road to add to the industrial land.

 

Surveyor to identify services and boundaries.

APRIL 2009

18

SF939

2/04/09

Views of Chambers of Commerce, Nambucca Valley Tourism and High Schools be sought as to proposed marketing slogan and billboards and alternative suggestions

 

GM

To be reported back in August 2009

 

19

SF871

16/04/09

That the future of the Pioneer Community Centre be subject to a further report to Council in 3 months time following receipt of any proposal from the CoM to retain the building.

Also Council seek the flat be vacated and obtain insurance details.

GM

Report in August 2009.  Letter sent 20/4/09 to CoM requesting that the flat be vacated and requesting insurance details.

 

Committee of Management wish to be provided with reasons as to why the flat should be vacated (verbal advice to GM on 22/5/09).

 

Committee of Management advised that vacancy of flat recommended by the report on the building’s fire safety (by letter on 23/6/09).

 

Further letter issued instructing that the flat be vacated (7 July 2009).

 

20

SF959

16/04/09

Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.

GM

A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan.  Report to be completed by June 2009.  Subcommittee to report by March 2010.

 

Review will now have to be in accordance with new legislation. GM to prepare report for August 2009.

 

21

SF1305

16/04/09

Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009.  Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.

 

GM

Letters sent 21 April 2009.

 

Follow-up letter sent 28 May 2009.

 

DES to write to RTA requesting a program as to when they will make determinations and when emergency funds will be available.

23

SF444

16/04/09

That the revised road hierarchy plan, incorporating a grading program be deferred to the next GPC meeting with Councillors to provide any comments to Acting DES within 7 days.

 

DES

Report to GPC 17 June 2009.

 

Deferred to GPC August 2009.

MAY 2009

24

SF851

7/05/09

That Council receive a report on progress and a timeline for completion of Stage 1 of the Climate Protection Program and that the report also identify the staffing resources and funds needed to complete the project.

 

DES

To be considered with report on administrative staff due July 2009.

 

Deferred to August 2009 so that Consultative Committee is advised.

25

SF959

07/05/09 & 4/6/09

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

 

DEP

To be reported 21 May 2009.

Deferred to June 2009 to enable all options to be considered.

See item in business paper 4/6/2009.

 

Council again write to Dept Water & Energy

Letter sent 10 June 2009.

No response as at 6 July 2009.

 

26

SF639

07/05/09

That the staffing of the Department of Environment and Planning be reviewed in 6 months or upon resignation of any professional staff member, whichever occurs first.

 

GM

Report to Consultative Committee 8 July 2009 and Council 16 July 2009.  Consultative Committee meeting deferred to 21 July.  Report in August 2009.

27            

SF639

07/05/09

Council receive a report relating to the need for administrative support across the organisation.

 

GM

Report to Consultative Committee 8 July 2009 and Council 16 July 2009.  Consultative Committee deferred to 21 July 2009.  Report in August 2009.

 

28

SF21

07/05/09

Council investigate the implementation and costs of an effluent management system at the saleyards

 

GM

August 2009

29

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

November 2009

 

Follow-up letter sent.

30

SF1213

07/05/09

Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.

 

GM

November 2009

31

SF1213

07/05/09

Council review the cycleway plan so as to ensure its funding requirements are realistic.

 

DES

December 2009

32

SF1213

07/05/09

Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

 

GM

September 2009

34

SF1269

21/05/09

Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.

 

DES

Letter sent 18 June 2009.

35

SF820

21/05/09

That the draft tree planting program for 2009/10 be referred to Council for its consideration.

 

DES

Report July 2009

36

SF1231

21/05/09

Use of Road Reserves and public land for commercial, community and charitable activities – that there be a further report to consider items 1-6 in the letter from the Chamber of Commerce.

 

DEP

Report in August 2009.

Meeting scheduled for 5.00 pm 16 June 2009 with Chambers of Commerce.

Formal responses requested from participants by end July 2009 for presentation to Access Committee before finalising policy.

Final report to Council in September 2009.

 

37

SF452

21/05/09

Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.

 

DES

Local DECC office advised by letter of Council’s intention.

Formal proposal for Minister being prepared.

 

 

 

38

SF452

21/05/09

Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.

 

DES

Report to July 2009.

proceeding to provide 3 addition monitoring bores at the Cost of $3,000

39

QWN256

21/05/09

Thank you to Ray Hadley re Thistle Park when matter with Dept of Education has been finalised

 

 

GM

Letter of offer sent to Minister of Education sent 25 May 2009.

JUNE 2009

40

SF1269

4/6/2009

Report on options for pedestrian safety for Wallace Street in consultation with M&D Chamber of Commerce

 

DES

Report September GPC.

Preliminary concepts commenced.

41

SF639

4/6/2009

Review of Tourism Function

 

GM

Deferred to 16 September GPC

46

SF1131

18/6/2009

That the RTA be requested to contribute 50% of the funding to undertake repair of the landslip below Jason Cottages and the matter be reviewed at the budget review for the June 2009 quarter.

 

DES

To be considered at September 2009 GPC.

 

Letter sent to RTA.

47

SF750

18/6/2009

That the report on S138 applications, bonds and footpath specifications be deferred so as to enable more information to be provided on the standard of concrete

 

DEP

DES

Report to be resubmitted to July GPC meeting.

Deferred to August GPC

48

RF256

18/6/2009

That the RTA be requested to contribute 50% of the funding for the works required to stabilise Riverside Drive from landslip in addition to the Regional Road funding.

DES

Letter sent.

 

49

SF382

18/6/2009

Council clarify ownership of the land (associated with the draft Scotts Head Reserve Masterplan) before proceeding further and when the information is obtained that Council proceed with a workshop and site visit to determine its position.

DES

Report to General Purpose Meeting 15 July 2009

JULY 2009

50

SF769

2/7/2009

Council make representations in conjunction with Bellingen Shire Council to the RTA and Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road and seek a deputation to meet the Minister

GM

Letters drafted 6/7/09

51

SF736

2/7/2009

A review of the strategic direction for the Aboriginal Youth Worker project be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.

DEP

January 2010

52

SF741

2/7/2009

Council receive a report on the heavy plant and paveliner being the reports that were presented to the Plant Committee Meetings.

DES

August 2009

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.2      SF1272            160709         Council's capacity to ensure the preservation of Council's electronic information

 

AUTHOR/ENQUIRIES:     Chris Mattick, Manager Information Technology         

 

Summary:

 

Councils digital records are one of this organisations greatest assets and the NSW Government encourages Council to manage the information efficiently in order to safeguard this asset and derive the most benefit from it, now and into the future.

 

The ideal solution for digital preservation would be to preserve electronic records of permanent value without their being dependent upon a specific computer for processing or on specific computer programs for access. Unfortunately this solution will never be an option due to evolutionary processes.

 

Digital preservation comes at a cost and the success of this preservation is dependent on Councils commitment to,  and allocation of adequate resource to ensure this.

 

 

 

Recommendation:

 

1        That Council engage a consultant to identify and recommend improvements to our existing records management practices. (estimated 2 week consultancy - $15,000)

 

2        That Council provide an additional resource for ongoing management of electronic records. ($50,000 pa)

 

3        That Council acquire suitable remote office space to house disaster recovery equipment.

 

 

OPTIONS:

 

Refer to option provided by GM in the consultation section.

 

There is the option of doing nothing and accepting greater levels of risk.

 

The other option is deferring the recommendation for consideration in the budget for 2010/2011.

 

DISCUSSION:

 

Increasingly, Council records are being received, created and stored  in electronic format.

 

It is a requirement under s.14 of the State Records Act that Public offices have an obligation to maintain accessibility to equipment/technology dependent records, more importantly those records that are required to be kept for long term retention or as state archives.

 

Recently,  State Records launched a website, namely “Future Proof – Protecting our digital future” as “a place for people to learn more about the NSW Government digital recordkeeping strategy and to share information about their own activities, projects and experiences in regards to digital recordkeeping. It is also a place to ask questions and offer advice to others who may be going through similar experiences”.

 

This website will no doubt be an important on going resource to assist Council with our data preservation however at this point in time it provides little supplementary information to what is already identified in this report.

 

State Records have also produced a comprehensive 100 page guideline  titled “Managing Digital Records” February 2009 to assist organisations with the management of their digital records.

 

I will briefly list some of the most relevant points this guideline recommends to re-enforce how Council should be managing electronic records.

 

I will then provide details of Councils current position with some suggestions on how we can improve the future proofing and retention of our electronic information.

 

State Records Guidelines

 

Council should ensure that the infrastructure, systems, policies and procedures are in place to support capture and maintain digital records.

 

Council should ensure that policies and document standards are adhered to.

 

Open formats for documents and data storage should be adopted. These formats are less at risk of becoming inaccessible because of change to vendor arrangements and are easier to migrate.

 

File formats should be limited to help simplify the ongoing management of digital records.

 

Digital records should be regularly destroyed in accordance with State Records Act (General Disposal Authority).  Retention of superfluous records is expensive and can inhibit the ability to locate and retrieve information quickly.

 

Council should be aware of current and proposed future changes to systems and technologies and ensure that Computer software applications and hardware systems are adequately maintained.

 

 Validation of digital resource at creation time is paramount. The cost to “clean-up” at a later stage when most of the context may have been lost is conservatively estimated to be ten times greater.

 

Employees should have appropriate expertise and training in the digital systems that are implemented.

 

Effective data backup and disaster recovery methodologies must be practiced.

 

Digital records must be kept secure and stored in an appropriate fireproof and climatic environment.

 

Migrations from one hardware or software configuration to another or from one generation of technology to another must be managed effectively.

 

Problematic records such as email should be managed effectively.

 

Effective policy and guidelines should be adopted for the management and disposal of digital images.

 

 

Our current position

 

Internal policy and guidelines are adopted to ensure that all data is stored in appropriate systems and storage areas.

 

In the main these policies and guidelines are adhered to but there would be many  records that are not managed in accordance with the previously mentioned best practices. To identify these records thoroughly would require significant additional resources. 

 

Generally our software applications are  current and are compliant with State Records standards on digital record keeping.

 

The current systems and storage areas are backed up to magnetic tape or other magnetic media every night. These tapes are rotated and eventually become monthly backups and are saved indefinitely in a fireproof and secure location. Relatively current copies of monthly backups are also stored remotely some kilometres away.

 

In addition to the magnetic tape backups all current data forming part of the Fujitsu 2000+ suite of software, which encompasses Councils financial and property related systems, is copied daily to a disaster recovery server (computer) at a local external site.

 

It would be very advantageous for Council to copy all data and systems to external servers to provide for seamless disaster recovery however these facilities are not  currently available.

 

These backup procedures are not bullet proof and do not necessarily future proof Councils electronic information however they do provide a reasonable guarantee that relatively current information is secure.

 

The future – Digital Preservation

 

Planning for digital preservation must recognise that the process is ongoing and that investments in improving capture rates, accuracy, resolution, and verification will have long term benefits.

 

Current commercial products generally provide utilities for data migration and conversion and provide for  backwards compatibility. These features in their own right should guarantee the preservation of Council’s data.

 

 

CONSULTATION:

 

There has been consultation with Councils Records Officer.

 

The General Manager agrees with the sentiments expressed but believes that Council does not have the finances available to implement the recommendations.  His view is that the first priority should be the provision of a data link and adequate server capacity to allow all back up to a server rather than tape.  Currently only the financial data is backed up to a server with all other data such as letters; reports; and spreadsheets being backed up on tape.  This would provide for superior business continuity in the event of a disaster.  Provision for this could be considered in a quarterly review.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Loss of information. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the budget to finance the recommendations.

 

Source of fund and any variance to working funds

 

If the recommendations are adopted they would need to be funded from working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.3      SF270              160709         Local Government Remuneration Tribunal - Determination of Councillor Remuneration Effective from 1 July 2009

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Local Government Remuneration Tribunal has issued a determination to increase the fees for Councillors and Mayors by 2.5 percent.  It is recommended that Council adjust its Councillor Annual Fee and the additional Mayoral Allowance in accordance with the determination backdated to 1 July 2009.

 

 

Recommendation:

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a Rural Council being $9,290 for each Councillor and $20,280 for the additional Mayoral Allowance.

 

2        That the change in fees be backdated to 1 July 2009 in accordance with the determination by the Local Government Remuneration Tribunal.

 

 

OPTIONS:

 

There are 3 options.  Council can adopt a fee for Councillors and the Mayor at the minimum or maximum levels.  The minimum annual fee for a Councillor is $7,040 and the minimum additional fee for the Mayor is $7,480.  Council can also choose not to adopt any fee in which case the fee which is applied is the minimum.

 

DISCUSSION:

 

Pursuant to Section 241 of the Local Government Act 1993, the Local Government Remuneration Tribunal determines in each category of Council, the maximum and minimum amount of fees to be paid to Mayors and Councillors of Councils, as well as chairpersons and members of County Councils.  The Tribunal has now completed a fundamental review of the categorisation of Councils.  Whilst there has been a change in the description of categories there has been no substantive change in categorisation or remuneration.

 

The Tribunal noted that the number of people seeking election to local government continues to increase.  During 2008, 4,410 persons nominated for election to local government.  This was an increase of 28% over the 3,428 persons who nominated for election in 2004.

 

The Tribunal also noted the impact of State Government planning reforms.  “These reforms will result in a range of Council development and planning responsibilities being transferred to either the Planning Assessment Commission or to Joint Regional Planning Panels.  While these changes are still be to be fully realised, the Tribunal will monitor over the coming year the likely impact of planning reforms on Councillor roles and responsibilities”.  The Tribunal also mentioned the global economic downturn as posing significant challenges to local government.  Having regard to these and other factors the Tribunal fixed an increase of 2.5 per cent in the fees for Councillors and Mayors as appropriate for the forthcoming year.

 

The full report on the 2008 Annual Review can be read on the following website www.remtribunals.nsw.gov.au/local_government/2009_report_and_determinations

 

The determination means the fees for Councillors can increase from $9,060 in 2008/2009 to $9,290 in 2009/2010 with the additional allowance payable to the Mayor increasing from $19,790 in 2008/2009 to $20,280 in 2009/2010.

 

Nambucca Shire Council along with 76 other Councils is classed as a Rural Council.  The applicable fees for councillors, effective 1 July 2009 for a Rural Council are shown in the following table.  By way of comparison with Mid North Coast Councils, Coffs Harbour, Greater Taree, Great Lakes, Port Macquarie-Hastings and Kempsey councils are all Regional Rural councils.  Bellingen, Nambucca and Gloucester Councils are classed as Rural Councils.

 

 

Councillor/Member Annual Fee

Mayor/Chairperson Additional Fee*

 

Minimum

Maximum

Minimum

Maximum

Rural

7,040

9,290

7,480

20,280

Regional Rural

7,040

15,500

14,980

33,840

Metropolitan

7,040

15,500

14,980

33,840

Metropolitan Centre

10,560

19,730

22,460

52,410

Metropolitan Major

14,080

23,250

29,940

67,750

Major City

14,080

23,250

29,940

67,750

Principal City

21,140

31,000

126,310

170,150

 

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member (S.249(2)).

 

The LGSA indicate that a reasonable expectation of work load for new councillors would be 21 hours per week and as the experience of the Councillor increased that this may reduce slightly.  Assuming some leave, to provide for say 1,000 hours of time in a year means an hourly rate for a Councillor of $9 per hour.  And that doesn’t include consideration of election expenses and other out of pocket expenses such as telephone calls.  Accordingly it is recommended that Councillor Fees and the Mayor’s Fee be increased to the maximum allowable for a Rural Council. 

 

CONSULTATION:

There has been consultation with the Manager Financial Services

 

SUSTAINABILITY ASSESSMENT:

Environment

There is no impact on the environment.

 

Social

 

The NSW approach to local government is increasingly out of step with our neighbouring States.  It is possible that the current level of fees discourages younger people and/or people of more diverse backgrounds from seeking election to local government.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

The budget for 2009/2010 provided for a 3.2% increase compared to the determination of 2.5%.  The recommendation will result in a minor improvement in working funds.

 

Source of fund and any variance to working funds

 

There will be a minor positive improvement in working funds.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.4      SF600              160709         Request by Nambucca River Jockey Club to purchase Council Land at the Bowraville Racecourse Precinct

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

Council is the registered proprietor of Lot 3 and 4 in DP 593774 being the land upon which the Nambucca River Jockey Club has its clubhouse and racing facilities (Lot 3) and land forming the starting run to the racecourse proper (Lot 4).  The land is classified as community land.

 

Council is also the Trust Manager for Reserve D540002 being the racecourse proper.  The Reserve is gazetted as a Public Recreation Reserve.

 

Both Lots 3 & 4 In DP 593774 and the Crown Reserve are leased to the Nambucca River Jockey Club until September 2013.  The leases are interdependent.  The rental on each lease is set at the minimum statutory rent of $396.00 per annum.

 

The Nambucca River Jockey Club has requested Council consider selling the Council owned land to the Club and transferring the Crown Reserve Management to the Club.

 

The Club advises that Racing NSW (the controlling body of Thoroughbred Racing in NSW) is in the process of establishing a Minimum Venue Standard for every racing and training venue in NSW.  The Club has advised that they are committed to achieving minimum standards to ensure the ongoing operation of the racecourse.

 

The Club’s commitment to the ongoing operation of the racecourse however presents a less than ideal situation for the Club insofar as the Club’s capital expenditure on assets will be committed to land they do not own or control.  It should be noted that currently the majority of improvements to the racecourse facilities have been financed and completed by the Jockey Club.

 

The Club does not propose to change the current operation of the facility or reserve other than to effect improvements that may be required to meet the Minimum venue Requirements required by Racing NSW  so as to best ensure continued operation.

 

Numerous issues will need to be addressed should Council consider selling the land to the Club including reclassification of the land from Community to Operational and drafting of terms to protect Council’s interest in the event the Club seeks to sell or transfer the land in the future.

 

 

Recommendation:

 

1          That Council agree in principle to a proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club subject to negotiation of terms satisfactory to Council.  These terms are to include the right of first refusal or a buy back option for the price for which the land is sold in the event the Nambucca River Jockey Club seeks to sell or transfer the land in the future. 

 

2          That Council write to the Nambucca River Jockey Club requesting details of their proposal to meet the minimum venue standards.

 

3          That Council receive a report from the Property Officer detailing the suggested terms of the proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club for their further consideration of the matter.

 

4          That Council obtain a valuation for the sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774, the cost of the valuation to be met by the Nambucca River Jockey Club.

 


OPTIONS:

 

1          Council can retain the status quo that being leasing the Council owned land to the Jockey Club on terms interdependent with the Lease of the Crown Reserve, of which Council remains as Reserve Trust Manager.

 

 

DISCUSSION:

 

Council Owned Land

 

Council is the registered proprietor of Lot 3 and 4 in DP 593774.  The land is classified as Community land.

 

Lot 3 DP 593774 is the land upon which the Racecourse facilities are located.

 

Lot 4 DP 593774 is a strip of land which forms the starting race to the racecourse proper.

 

Both parcels are currently leased to the Nambucca Valley Jockey Club on minimal rental of $396.00 per year until September 2013.  The Lease is interdependent with a Lease to the Jockey Club of Lot 75 DP 755549 being the Crown Reserve forming the racecourse proper.  See site map - annexure 1.

 

The Lease provides the Jockey Club with exclusive use of the land and to this end the Jockey Club attends to, and finances all maintenance and improvements on the land.  It should be noted that the majority of improvement on the land (kiosk, clubhouse, change rooms etc) have been erected by and at the expense of the Jockey Club.  The Jockey Club insures the improvements.  The effect is that the operation of the Bowraville racing precinct is at nominal to no expense to Council.

 

Council cannot sell or transfer community land.  Should Council consider a possible sale, the land would need to be reclassified to Operational by way of a Local Environment Plan (cl 27 Local Government Act 1993).  This process entails environmental studies, community consultation, public exhibition of the plan and Ministerial approval (Clauses 54,57,62,66 and 69 of Environment and Planning Assessment Act 1979 respectively).

 

 

Crown Reserve D540002

 

The balance of the racecourse precinct comprises Lot 75 in DP 755549 being the racecourse proper.  The reserve is gazetted as a public recreation reserve and is currently managed by Council.

 

Council as Trust Manager of the Reserve has licensed the use of the reserve to the Nambucca River Jockey Club for the period to September 2013.  This Agreement is interdependent with the Lease of the Council owned land.

 

The Licence permits the use of the reserve for horse racing and training purposes 6am – 10am daily and for 6 meetings per year.  Access to the Reserve is available to the public at all other times.  The Jockey Club facilitates community use of the reserve for function such as garden expo’s, tree fairs, pony club and weekend markets.

 

The Club proposes that they be appointed as the Reserve Trust Manager in lieu Council.  There are clear administrative benefits in Council withdrawing as Reserve Trust Manager.

 

 


Club activities on the Land

 

The Nambucca River Jockey Club is a voluntary organisation reformed in the 1970’s and committed to Thoroughbred Racing in the Nambucca.  They conduct 6 TAB accredited races annually including the Bowra Cup.

 

The club reports that all racecourse and public facilities have been funded by the Club.

 

Outside of racing events and training the facility is unused. The Nambucca River Jockey Club secretary Mr Graham Brookes has identified this as an area that the Club seeks to expand its activities by accrediting itself as a conference venue, (Governors Licence).

 

The Club currently employs one person for 25 hours per week.  It is planned to seek a Governors Licence in due course to extend trading options to include licensed functions on days other than race days.  Further employment opportunities would arise should a Governors License be granted.

 

The club reports annual expenditure of $500,000 per year.

 

The president of the Bowraville Chamber of commerce Mr Mark Scott advised that in his opinion the jockey club activities create significant and invaluable economic activity for the township and attract  a substantial number of new visitors each year. Mr Scott has offered to seek a formal statement from the Bowraville Chamber of commerce should the Council so desire

 

Proposal to sell Council land to the Jockey Club

 

The Club advises that Racing NSW (the controlling body for Thoroughbred Horse Racing in NSW) is in the process of establishing a Minimum Venue Standard for every racing and training venue in NSW.  The final terms of the minimum venue standards have not yet been finalised.  Notwithstanding this however the Club advises that they are committed to achieving the minimum standards to ensure the ongoing operation of the Bowraville racecourse.  For example it is anticipated that the Minimum Venue Standard will require venues to have a 12 horse start capacity.  The existing track has a ten horse start capacity and accordingly the club would be required to extend the racecourse to accommodate the new standards.  It is anticipated that this work will cost in excess of five thousand dollars to complete.

 

The Club’s commitment to the ongoing operation of the racecourse however presents a less than ideal situation for the Club insofar as the Club’s capital expenditure on assets will be committed to land they do not own or control.  The Club does not propose to change the current operation of the facility or reserve other than to effect improvements that may be required to meet the Minimum venture Requirements required by Racing NSW.

 

The Club Secretary advises that in the event the Club is unable to meet the anticipated minimum venue standards they will not be able to conduct race events.

 

Should Council consider selling the land to the Jockey Club it would need to first reclassify the land from Community to Operational.

 

This process can only be achieved through the gazettal a Local Environment Plan pursuant to cl 27 of the Local Government Act 1993 and the provision of the Environment and Planning & Assessment act 1979.

 

The process requires application to the Minister for Planning, environmental studies measuring the impact of the proposed reclassification, conduct of a public hearing and the exhibition of the Draft LEP and finally Ministerial consent.

 

Should Council elect to sell the land to the Jockey Club it is recommended that a contract for sale encompass provision whereby completion of the contract would be subject to and conditional upon the above-mentioned process.  Further it is recommended that the Purchaser meet the costs of (or at least contribute to) the reclassification process and legal costs associated with the sale.

 

Council should also consider their control of the facility beyond the Transfer to the Jockey Club.  To ensure ongoing control it is recommended that a Contract for sale include provision whereby Council has a right of first refusal or a buy back option for the price the land is sold in the event the Jockey Club seeks to sell or transfer the land in the future.

 

 

CONSULTATION:

 

Mr Graham Brookes – Secretary Nambucca River Jockey Club

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 

Social

 

The Jockey Club provides a significant and valuable attraction to the Bowraville community in conducting their race events, particularly the Bowra Cup.  Accordingly Council should consider how it may facilitate the continued operation of the Club.

 

Economic

 

The rent income generated by way of the Lease Agreement of the Council land and Reserve are nominal. Conversely costs associated with maintenance and repairs are virtually nil on account of the Jockey Club attending to the upkeep of the precinct. The club reports generating significant  economic activity for the Village of Bowraville on race event weekends, particularly the Bowra Cup event.

 

Risk

 

The recommendations do not pose any significant risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Only nominal rent is generated from the Licence Agreements.  Administrative cost for the management of the Licence would exceed rentals income.

 

It is recommended that the purchaser meet any out of pocket expenses incurred by Council as a consequence of the sale (should it be decided to pursue this matter).

 

 

Source of fund and any variance to working funds

 

It is recommended that the purchaser meet any out of pocket expenses incurred by Council as a consequence of the sale (should it be decided to pursue this matter).  Accordingly no variation to working funds is expected.

 

Allocation of sale proceeds has not been considered at this stage.

 

Attachments:

1View

16537/2009 - Map for the Bowraville Racecourse Precinct

 

 

 


Ordinary Council Meeting - 16 July 2009

Request by Nambucca River Jockey Club to purchase Council Land at the Bowraville Racecourse Precinct

Attachment 1

16537/2009 - Map for the Bowraville Racecourse Precinct

 

 


Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.5      SF1213            160709         Special Rate Variation and Making of Rates - 2009/2010

 

AUTHOR/ENQUIRIES:     Jenita Hunt, Rates Officer         

 

Summary:

 

The Minister for Local Government has determined Council’s application for Special Variation to General Income.

 

In addition to the approved rate pegging of 3.5% the Minister has approved a special variation increase of 1.12%.

 

Council is now required to make the rates and charges in accordance with Section 535 of The Local Government Act 1993.

 

 

Recommendation:


 

1          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the annual standing charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Local Government Act 1993 for 2009/2010 is made at sixty six dollars ($66.00) per assessment, for a 20mm or 25mm connection, two hundred and sixty four dollars ($264.00) for a 40mm connection, four hundred and twelve dollars and fifty cents ($412.50) per assessment for a 50mm connection, one thousand and fifty six dollars ($1,056.00) for a 80mm connection and one thousand six hundred and fifty dollars ($1,650.00) for a 100mm connection,  with a consumption charge of one dollar and thirty seven cents ($1.37) per kilolitre to apply to all water consumption and such charges to have a short title of “Water Charge”.

 

 

2          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Local Government Act 1993 for 2009/2010 is made at three hundred and eighty five dollars ($385.00)  per assessment for single residential connections, two hundred and thirty six dollars ($236.00)  per assessment for 20mm non residential connection, six hundred and four dollars ($604.00) per assessment for 40mm non residential connection, nine hundred and two dollars ($902.00) per assessment for 50mm non residential connection, two thousand one hundred and ninety eight dollars ($2,198.00) per assessment for 80mm non residential connection, three thousand three hundred and eighty eight dollars ($3,388.00) per assessment for 100mm non residential connection and two hundred and twenty six dollars ($226.00) for vacant land/non connection with a sewer usage charge of one dollar and eighty six cents ($1.86) per kilolitre to be calculated on the estimated volume discharged  from all properties excluding single residential connections using the total water consumption based on Land and Water Conservation's formula and Department of Energy, Utilities and Sustainability's best practice pricing guidelines and such charge to have a short title of "Sewerage Charge".

 

 

3          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the waste management tip provision charge for 2009/2010 is made at ninety eight dollars ($98.00) per assessment for properties which do not receive a domestic waste or other waste service; such charge to have the short title of “Waste Management Tip Provision”.


 

 

 

4          That in accordance with Section 496 of the Local Government Act 1993, the annual charge for 2009/2010 for domestic waste service on all occupied rateable land in the Shire, categorised Residential or Farmland under Section 515 or 516 of the Local Government Act 1993 to which a domestic waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Domestic Waste Management    Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 is the unit price.

 

 

5          That it be confirmed that in accordance with Section 496 of the Local Government Act 1993 the annual charge for 2009/2010 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development lots along rural roads contiguous to developed estates, all ribbon development lots along rural roads immediately opposite to developed estates, and categorized RESIDENTIAL – VILLAGE/ESTATES, where the domestic waste collection service is available, is made at one hundred and twenty six dollars ($126.00) per assessment, such charge to have short title of “Domestic Waste Management – Vacant”.

 

 

6          That it be confirmed that in accordance with Section 501 of the Local Government Act, 1993 the annual charge for 2009/2010 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Local Government Act 1993) to which a waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Waste Management    Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 is the unit price.

 

 

7          That it be confirmed that in accordance with Section 502 of the Local Government Act 1993 the waste service charge for 2009/2010 for actual use of accessing weekly waste service by non rateable properties is made at eight dollars and forty two cents ($8.42) per week per service per separate occupancy per land parcel/assessment, such charge to have the short title “Waste Management    Non Rateable”, and the amount of the charge will be the amount derived by applying the formula A = B x C X $8.42, where “A” equals the charge, “B” equals the number of separate occupied sites, "C" equals the number of weekly services and $8.42 is the unit price per service per week.

 

 

8          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual charge for waste for 2009/2010 on all vacant rateable land in the Shire, categorised business (under Section 518 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and twenty six dollars ($126.00) per assessment, such charge to have a short title of “Waste Management    Vacant”.


 

 

 

 

 

 

9          That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Management—Residential Charge".

 

 

10         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Management—Residential Strata Charge".

 

 

11         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed urban business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Management Business Charge".

 

 

12         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed urban business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres divisible on a pro rata basis between the strata lots, such charge to have a short title "Stormwater Management-Business Strata Charge".

 

 

13         That a rate of zero point three two one six nine one cents in the dollar (0.321691˘) on the land value of all rateable land in the rating category of “Farmland”, be now made for the year 2009/2010, subject to base amount of four hundred and forty five dollars ($445.00) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point seven four (29.74) per cent of the total amount payable by the levying of this ordinary rate for this category so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Local Government Act 1993 as amended, such rate to have a separate short title of “Farmland” in accordance with Section 543 of the Act.

 

 

14         That a rate of zero point three eight five two four four cents in the dollar (0.385244˘) on the land value of all rateable land in the rating category “Residential” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Residential-Town” and “Residential-Village/Estates”, such rate to have a separate short title of “Residential-Rural” in accordance with Section 543 of the Act.


 

 

15         That a rate of zero point three eight five two four four cents in the dollar (0.385244˘) on the land value of all rateable land in the rating category “Residential”, sub category “Town” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25)per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, and land not otherwise categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential-Town”, in accordance with Section 543 of the Act.

 

16         That a rate of zero point three eight five two four four cents in the dollar (0.385244˘) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential – Village/Estates”, in accordance with Section 543 of the Act.

 

 

17         That a rate of zero point five three eight zero four eight cents in the dollar (0.538048˘) on the land value of all rateable land in the rating category “Business” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Business-Manufactured Home Community”, “Business-Caravan Park”, “Business-Commercial” and “Business-Industrial”, such rate to have a separate short title of “Business” in accordance with Section 543 of the Act.

 

 

18         That a rate of zero point five three eight zero four eight cents in the dollar (0.538048˘) on the land value of all rateable land in the rating category “Business”, sub category “Manufactured Home Community”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties being Assessment Number 2495/03270.4 known as “Faringdon Village” and Assessment Number 2836/52700.8 known as “Newville Cottage Park”, such rate to have a short title of “Business-Manufactured Home Community” (Man Home Comm) in accordance with Section 543 of the Act.

 

19         That a rate of zero point nine two six zero nine six cents in the dollar (0.926096˘) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to the rateable properties being Assessment Numbers:


 

1998/10000.0

Nambucca River Tourist Caravan Park

2011/00000.3

Pelican Caravan Park

2812/10000.2

Headland Caravan Park

2841/00000.9

Foreshore Caravan Park

3219/00000.1

Nambucca Beach Holiday Park

3334/50000.0

Aukaka Caravan Park

32342/70102.9

White Albatross Holiday Centre

3695/21000.1

Valla Park Resort

 

such rate to have a short title of “Business-Caravan Park”, in accordance with Section 543 of the Act.

 

20         That a rate of zero point eight six six six six three cents in the dollar (0.866663˘) on the land value of all rateable land in the rating category “Business”, sub category “CBD” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, Scotts Head and such rate to have a separate short title of “Business-CBD” in accordance with Section 543 of the Act.

 

21         That a rate of zero point five three eight zero four eight cents (0.538048˘) in the dollar on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads, Macksville, and such rate to have a separate short title of “Business-Industrial Estate” in accordance with Section 543 of the Act.

 

22        That a special rate of zero point zero one zero seven one five cents (0.010715˘) in the dollar on the land value of all rateable land in Council’s area (Section 538) be now made for the year 2009/2010, subject to a base amount of seventeen dollars ($17.00) per assessment (Section 499) so that the levying of the base amount will produce forty nine point seven (49.7) per cent of the total amount payable by the levying of the special rate so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act.  Such special rate to have a separate short title of “Environmental” in accordance with Section 543 of the Act.

 

23        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

 

24        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

 

25        That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade Waste with one dollar and forty eight cents ($1.48) for the Usage Charge per kilolitre be now made for the 2009/2010.

 

26        That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 3 (High Risk) Sewer Trade Waste with a one dollar per kilogram for Excess Mass Charge now be made for the year 2009/2010.

 

27        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste now be made for the year 2009/2010.

 

28        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Caravan Dump Effluent Disposal with a charge of one hundred and fourteen dollars ($114.00) for Disposal at Treatment Works with a maximum of 2,500L Disposals over 2,500L will have an additional charge of forty one dollars ($41.00) per 1000L.

 

 

 

 


DISCUSSION:

 

The office for the Minister for Local Government has advised that the Minister has approved Council's rating variation application.  The Minister's instrument formally approving this variation is now at hand.

 

The Minister has approved an overall increase in general income of 4.67%.  In addition to the approved rate pegging increase of 3.5% the Minister has approved a special increase of 1.12.  Council's minimum rate has also been increase to $648.25.  The increase is made up of the following components:

 

%

Description

-0.03

Excess Adjustment

-0.02

Valuation Objections

0.10

Income Adjustment for Farmland Rates written off in excess of 20% greater than the prior year levy

3.50

2009/2010 General Variation

1.12

Special Variation

4.67

Total Variation

 

 

CONSULTATION:

 

Rates Officer

Department of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental impact.

 

Social

 

This report has no social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Council’s adopted 2009/10 budget included the special rate variation increase, therefore there are no additional financial implications to the adopted budget.

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.1    SF1148            160709         Contract Regulatory Officer's Report - June 2009

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

The following is the Contract Regulatory Officer’s Report for June 2009.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for June 2009 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

13

Returned to Owner

3

 

Impounded

10

 

Total Seized

13

13

Breakdown

Total

Total

Seized

 

13

From Previous Month

 

12

Stolen Dog Recovered

 

0

Released to Owner

1

 

Returned to Owner

3

 

Euthanized

12

 

Currently in Pound

8

 

Sold

1

 

Stolen from Pound

0

 

Total in Pound

25

25

Dumped

0

 

Surrendered

1

 

 

 

Cats

Total

Total

Seized

 

18

Returned to Owner

0

 

Impounded

18

 

Total Seized

18

18

Breakdown

Total

Total

Seized

 

18

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

18

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

18

18

Dumped

0

 

Surrendered

4

 

 


 

Kilometres travelled

3180

 

 

Cattle

Breakdown

Total

Seized

 

1

Returned to Owner

1

 

Impounded

0

 

Total Seized

1

1

 

 

CSR’s (Customer Service Requests) Actioned – Not including Merit

48

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.2    SF1261            160709         Outstanding DA's >12 months, applications where submissions received & not determined 4 July 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.

 

 

Recommendation:

 

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

 

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

 

 

OPTIONS:

 

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

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/269

30/06/08

Deck, Garage & Alterations

Lot D Section 9 DP 5611, 48 High Street, Bowraville

18/07/08 letter to applicant requesting fees for advertising. 21/07/08 Fees received. 22/07/08 Adjoining owners notified & newspaper advertising, expire 8/08/08 - 7/8/08 Objection received - Grace - Report to Council 20/11/08

Council deferred this matter as its 15/01/09 meeting.
Noise assessment undertaken. Identified issues to be taken up with noise generator.
Matter to be reported back to Council in near future

2/7/09 Deferred for 4 weeks at the request of the applicant

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:  1

 


TABLE 2:       DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/087

05/01/2009

67 Lot Residential Subdivision

Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road

§ Request for pedestrian and buggy access to remain

16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks
10/02/09 Applicant requests extension for submission of noise report
Extension granted until 9 March 2009
9/03/09 7 Day letter sent requesting outstanding information to be submitted

18/03/09 Noise report submitted Application being assessed.

27/04/09 Department of Lands have advised that they don’t support use of the TSR – subdivision layout may need to be amended – discussions ongoing between Department of Lands, Council and the applicant. Council has advised the applicant to submit an amended plan – applicant has agreed & amended plan being prepared.
20/05/09 Amended Plan submitted – awaiting Traffic Report
16/06/09 Traffic Report submitted – referred to DES for comments

2009/128

25/02/2009

2 Lot Rural-Residential Subdivision plus Residue

Lot 10 DP 1033603, Scotts Head Road, Way Way

§ Issues with the removal of native bushland, placement of building envelope and rainwater run off

§ Access is a high hazard floodway

§ 7B Wetlands vulnerability to be considered

§ Believes has area of threatened species

§ An established WIRES Wallaby rehabilitation and release program area could be jeopardised

§ Concerns re bushfire hazard protection and dwelling envelopes

01/04/09 Application referred to Department of Natural Resources for undertaking of creek crossing

21/04/09 NSW RFS not prepared to issue 100B approval

27/04/09 Amended plans and Bushfire Report

18/06/09 Council resolution for applicant to be given opportunity to relocate building envelope to reduce clearing impacts –

23/06/09 - 30 day letter sent

1/07/09 – Amended subdivision plans received

Currently being assessed


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/143

18/3/2009

2 Lot Residential Subdivision

Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head

§ Concerns with stormwater system, removal of rocky outgrowths for road widening, speed limit, dogs and entry to beach

§ Support application but would like ROW marked on the plans and restriction of fill

Submissions being reviewed.

22/04/09 Applicant requested to submit Coastal Hazard Assessment.

05/05/09 Written request from Applicant that Council await preliminary data from SMEC to use in its assessment of Sea Level Rise & Coastal Hazard Impacts. SMEC data due by end of May.
Information not yet received – expected by the end of July

Assessment will recommence on receipt of data.

 

2003/028/01 Modification

12/05/09

Dwelling-House

Lot 851 DP 1038800, 359 Rhones Creek Road, Talarm

 

§ Construction materials – roofing (zincalume) & reflection issues

§ Siting of water tanks

§ Solar panels (not shown on original plans)

§ Non-compliance with original consent condition (vegetation buffer)

 

1/7/09 - Site inspection carried out and owner advised of requirement to change the roofing colour and amended plans to be submitted showing solar panels

Application to be dealt with by late-July

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.3    SF1261            160709         DEP Applications and Statistical Reports July 2008-June 2009, 2002-2009 and Certificates Received 2004-2009

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1          That Council note development application statistics and processing times for July 2008-June 2009 compared with July 2007-June 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-30 June 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

Development Application Statistics

 

The figures show a 29.18% decrease in the number of DA’s received for July 2008-June 2009 with construction costs decreasing by 10.95% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of June was 12 plus 3 modification.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2007-June 2008

$54,799,241

301

301

July 2008-June 2009

$49,393,046

233

209

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

41.75

40

51

83

32

February

90.00

54

165.1

575

17

March

36.27

33

51.70

140

3

April

34.59

21

53.23

153

2

May

62.94

36

72.72

307

12

June

45.60

35

85.36

939

12

 

#Average age of DA’s

 

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

 

 

 

 

 

 

25

2009 Council

1

3

2

2

3

2

 

 

 

 

 

 

13

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (June)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

170

449

123

2005

133

385

78

2006

135

352

109

2007

139

422

104

2008

151

359

100

2009

121

405

88

 

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2002

20

3

7

8

15

7

13

13

16

13

13

14

142

11.80

2003

18

7

7

14

24

19

18

10

17

17

21

19

191

15.90

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

 

 

 

 

 

 

18

3.00

Council
2009

21

11

19

14

14

15

 

 

 

 

 

 

94

15.66

 


Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.4    SF81                160709         Report on Joint Bushfire Management Committee Meeting held 10 June 2009

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to inform Council on the matters considered at the Joint Bushfire Management Committee Meeting undertaken on the 10 June 2009. Specifically this report is to inform Council of the proposed amalgamation of the Nambucca and Kempsey Bushfire Management Committees to form the Lower North Coast Bushfire Management Committee.

 

 

Recommendation:

 

That the report on the meeting of the Joint Bushfire Management Committee held 10 June 2009, be noted.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION:

 

Deputy Mayor Councillor John Ainsworth and Council’s Strategic Planner Grant Nelson, the nominated Council representatives on the Nambucca Bushfire Management Committee, attended a joint meeting between the Nambucca and Kempsey Bushfire Management Committees on the 10th June 2009.

 

The key purpose of the joint meeting was to address a motion relating to the amalgamation of the Kempsey and Nambucca Committees to create the Lower North Coast Bushfire Management Committee.

 

A motion was put forward to amalgamate the two (2) committees for the following key reasons:

 

·              Inter LGA consistency and communication;

·              Minimising meetings and duplication for key government representatives;

·              Maximise use of resources between the two (2) committees;

·              Consistent approach with the amalgamation of other Bushfire Management Committees throughout NSW; and

·              Streamlining the existing process.

 

The discussion which followed this motion examined both advantages and disadvantages of the amalgamation. The advantages reflecting those items discussed above, and the disadvantages raised being summarised below:

 

·               Certain organisations such NSW Police, and the Nature Conservation Council will only be able to have one voting representative. Where two (2) representatives are now available – one for each LGA, the amalgamation will require their vote to be shared.

·               Funding for various projects will be required to be shared through a larger area – however this should not result in a decrease in the available funding.

·               Travel times for committee members will be increased when the committee meeting is held in the adjacent shire.

 

After the advantages and disadvantages of the amalgamation had been discussed at length, the majority consensus (16) voted for the motion to amalgamate. A minority (2) voted against.

 

The committee chair will now prepare a report for the Bushfire Coordinating Committee in order to assess the proposal to amalgamate the two (2) Committees. The Bushfire Coordinating Committee must give approval to the amalgamation before it can formally proceed.

 

 

CONSULTATION:

 

Nil.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There is unlikely to be any detrimental environmental impacts to the Nambucca Shire based on the amalgamation of the 2 committees.

 

Social

 

There is unlikely to be any detrimental social impacts to the Nambucca Shire based on the amalgamation of the 2 committees.

 

Economic

 

There is unlikely to be any detrimental economic impacts to the Nambucca Shire based on the amalgamation of the 2 committees.

 

Risk

 

Nil.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil.

 

Source of fund and any variance to working funds

 

Nil.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.5    SF42                160709         Report on Department Of Local Government Circular 08-61 - Plumbing Inspections By Council

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

Council dealt with a report in relation to the circular on 20 November 2008 and resolved in the following manner:

 

1        That Council make urgent representations to the Department of Local Government and the Local Government & Shires Association to lobby to have the NSW Plumbing & Drainage Code of Practice (2006) amended to remove reference to the qualifications required to undertake plumbing and drainage inspections.

2        That in the meantime Council maintain the status quo with its current inspection regimes and responsible officers.

3        That the matter be brought back to Council in three (3) months, or sooner if further advice is received.

 

This matter has lead to staff being referred to a number of Government Departments in an attempt to seek clarification in relation to whether Council’s Health and Building Surveyors are required to hold a Plumbers Licence to enable them to undertake inspections of work on private lands undertaken by Licensed plumbers for sewer, plumbing and drainage works associated with Council’s sewerage systems and any on-site sewerage management systems.

 

 

Recommendation:

 

That the information be noted with no further action be taken in relation to the Department of Local Government Circular 08-61.

 

 

OPTIONS:

 

It is considered that following the advice from the Office of Fair Trading and Commerce there are no other worthwhile options. This will need to be reviewed following the final report in regard to water and sewer utilities.

 

 

DISCUSSION:

 

Council's request for clarification in regard to qualifications required to under taker sewer inspections from the Department of Local Government lead to a referral to the Department of Water & Energy.

 

Discussions with representative from the Department of Water & Energy indicated the requirements for Inspectors of plumbing works to be licensed came from within the Home Building Act 1989.

 

Further inquiries to the Office of Fair Trading & Commerce who administer the Home Building Act were made, with a response being received on the 23 June 2009, (see copy of email reprinted at the end of the report).

 

After speaking with representatives of the various Departments it now appears that Council’s who are the responsible water and/or sewerage Authority have the right to authorises appropriate persons under the Local Government Act 1993 to carry out such inspections on Council’s behalf.

 

Council’s Health & Building Surveyors have the required delegations to carry out such inspection works whilst ever Council remains the appropriate Authority.

 

Discussions with representatives from other Local Government Authorities within rural areas of the state have indicated that the majority have made no changes to their mode of operations in relation to who carries out plumbing inspections within their councils. What is interesting is that due to the significant shortage of qualified Health and Building Surveyors some rural and regional Council's have employed Licensed plumbers to pick up this aspect of their operations.

 

Whilst some of the larger specialised water & sewerage supply authorities have also engaged specialised plumbing inspectors.

 

 

CONSULTATION:

 

Department of Local Government

Department of Water & Energy

Office of Fair Trading

Other Local Government Authorities including Ballina, Lismore, Coffs Harbour, Gunnedah, Moree Plains Wakool

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact on the environment as this matter is an operational matter.

 

Social

 

No impact.

 

Economic

 

No economic impact.

 

Risk

 

There is not expected to be any risk as the appropriate delegations have been provided by Council to the General Manager and onto the staff carrying out the works under section 378(2) of the Local Government Act 1993.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is not expected to be any impact on current and future budgets as the status quo remains. Any future changes to the creation of regional water & sewerage authorities or alliances between local authorities may see the inspection function transfer to any new authorities, but this would be subject these new authorities or alliances being established through any change in legislation adopted by the State government in the future.

 

Source of fund and any variance to working funds

 

Funds for these operations of Council are covered by section 68 application fees, under the Local Government Act 1993.


Copy of Email from Commissioner for Fair Trading 

 

Dear Mr Gall

 

Sorry about the late reply to your enquiry (I have been on leave).

 

You have enquired to the Office of Fair Trading whether a plumbing licence is required to supervise plumbing inspection.

 

The Home Building Act 1989 does not specifically mention inspections in the legislation.   

 

Under the Act, a licence in the class of ‘Plumber’ or Water Plumber is required to carry out any water plumbing work.

 

Water plumbing work is defined under the Act as work of water supply as defined in AS/NZS 3500.0:2003, Plumbing and drainage, including such work on pipes and fittings, whether or not connected or intended to be connected to a water main, that are in a building in which any part of the sewerage service is connected to a septic tank, effluent system or sullage system.

 

The work of water supply as defined in AS/NZS 3500.0:2003 is the construction, alteration, extension, disconnection, maintenance, repair, renewal or cleaning of any pipes or fittings of any water service connecting or intended to connect directly or indirectly with any water main of an authority.

 

If the method used to inspect the plumbing falls within the above definition, the tradesperson carrying out the inspection requires a licence in the class of ‘Plumber’ or Water Plumber under the Home Building Act 1989.

 

However, there is other NSW legislation that regulates the plumbing industry.

 

Those Acts are:

·     Sydney Water Act 1994

·     Hunter Water Act 1991

·     Local Government Act 1993

·     Water Management Act 2000

If your plumbing inspections fall under the jurisdiction of one of the above Acts, you would need to comply with their requirements as well.

 

Regards

Tony Travers

A/Co-ordinator

Information Communication Unit

Home Building Licensing

For Commissioner for Fair Trading 

Phone: 02 9895 9995

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.6    SF1372            160709         Report on Successful Funding Application - Local Adaptation Pathways Program

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

Reporting to Council that a joint grant application prepared by Nambucca, Bellingen and Kempsey Shire Councils was successful in attracting $140,000 to develop local strategies for climate change adaptation and risk management in each of the three Shires.

 

To complement this, a draft brief to undertake the project has been prepared for Council endorsement.

 

 

Recommendation:

 

1          That Council note the grant application was successful and the intention to commence work on the project once all formal contracts have been signed.

 

2          That Council release a media statement advising the community of the successful grant application and project.

 

3          That Council endorse the draft Brief.