NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

03 December 2009

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

?The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.?

 

Our Values in Delivery

 

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

When are Council Meetings Held?

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

Confidential items (ie Items for Closed Meeting) are dealt with at the end of the Ordinary (Open) meeting.? This session of a Council meeting is closed to the media and general public.? The Council then returns to Open Meeting and any members of the public are welcome to attend.

 

How can a Member of the Public Speak at a Council Meeting?

 

Members of the public are welcome to attend meetings and address the Council providing the item is listed on the agenda.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? These items will be brought forward at 5.30 pm in agenda order, and dealt with before other items.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as outlets in all towns and villages of the Shire.

 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 03 December 2009

 

Acknowledgement of Country????????? ? (Mayor)

 

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

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 19 November 2009

5??????? DELEGATIONS?Motion to hear Delegations

6??????? ASKING OF QUESTIONS WITH NOTICE ??

7??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8??????? Notices of Motion

8.1???? Notice of Motion - Adin Street Oval To Be Named Johnny Wallace Oval

8.2???? Notice of Motion - Request for Leave ???

9??????? ASKING OF QUESTIONS WITHOUT NOTICE

10????? General Manager Report

10.1?? Outstanding Actions and Reports

10.2?? Burrapine Public Hall Committee of Management - Annual General Meeting - 1 November 2009

10.3?? Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009

10.4?? Bowraville Pioneer Community Centre Committee of Management - Annual General Meeting - 28 September 2009

10.5?? Bowraville Pioneer Community Centre

11????? Director Environment and Planning Report

11.1?? Outstanding DAs greater than 12 months, applications where submissions received not determined to 23 November 2009

11.2?? DAs and CDCs Received and Determined under Delegated Authority 8-24 November 2009

11.3?? Report on Funding applications under the NSW Estuary, Coastal and Floodplain Management Programs

11.4?? Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

11.5?? Report on Minutes of the Community Services Committee Meeting held 8 September 2009

11.6?? Report on Minutes of the Access Committee held 24 November 2009

11.7?? Report on the Minutes of the ACAC Committee Meeting held 17 November 2009

12????? Director Engineering Services Report

12.1?? Backflow Prevention Policy

12.2?? Donnelly Welsh Playing Fields - Review of the Plan of Management

12.3?? Mid North Weight of Loads Group

12.4?? Report on Nambucca Emergency Operations Centre Committee Minutes - 4 November 2009

12.5?? Congarinni North Road Bridge Maintenance ?


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

Pecuniary ? must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary ? Significant Conflict ? Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary ? Less Significant Conflict ? Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary ? An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary ? A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.? The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.? You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

?        It may be appropriate that no action is taken where the potential for conflict is minimal.? However, council officials should consider providing an explanation of why they consider a conflict does not exist.

?        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).? Care needs to be taken when exercising this option.

?        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

?        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

???


Ordinary Council Meeting

3 December 2009

Notice of Motion

ITEM 8.1????? SF1269??????????? 031209???????? Notice of Motion - Adin Street Oval To Be Named Johnny Wallace Oval

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

That Nambucca Shire Council name the Adin Street Oval at Scotts Head, the Johnny Wallace Oval.

 

 

Recommendation:

 

That Nambucca Shire Council name the Adin Street Oval at Scotts Head, the Johnny Wallace Oval.

 

 

 

 

DISCUSSION:

 

Johnny Wallace was the first Rhodes Scholar from the Nambucca Shire.? He also captained the Australian Waratah Rugby Union Team, captained the Scotland Rugby Union Team when he was at university in London.

 

His father, Matthew Wallace, owned the land where Scotts head stands today.? He gave the land to the people of Scotts Head.? Matthew was Nambucca Shire President from 1917 to 1919 and President of the Nambucca/Bellingen Shire when both Valleys were in the one Shire.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 December 2009

Notice of Motion

ITEM 8.2????? SF1269??????????? 031209???????? Notice of Motion - Request for Leave

 

AUTHOR/ENQUIRIES:???? Anne Smyth, Councillor ????????

 

Summary:

 

I request leave for the period 22 December 2009 to 12 January 2010 inclusive for personal reasons.

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 22 December 2009 to 12 January 2010 inclusive.

 

 

OPTIONS:

 

That leave not be granted.

 

 

DISCUSSION:

 

CONSULTATION:

 

SUSTAINABILITY ASSESSMENT:

Environment

 

Social

 

Economic

 

Risk

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Source of fund and any variance to working funds

 

 

 

Attachments:

There are no attachments for this report. ?????


Ordinary Council Meeting

3 December 2009

General Manager's Report

ITEM 10.1??? SF959????????????? 031209???????? 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

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.

Consider no interest.? Prepare draft plan November 2009.

Preparation of Plan of Management commenced.

 

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:

????? Survey complete. GHD site mapping complete. Lab testing completed.? Property boundaries defined. Draft report received.

Catchment Assessment:

?????? Draft report received on 21 August 2009

????? Under review by Council staff.

Final report available.

 

DECEMBER 2008

 

4

SF688

4/12/08

That during the first half of 2009/10?? Council to 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.

Ads to appear 17 September 2009.

Submissions being received and considered.

It is proposed to prepare a brochure on the achievements of the Environmental Levy over the past 4? years and to undertake a community survey on the continuation on the Environmental Levy and includes the Committees views on this Council?s commitment to Climate Change.

Questions in survey circulated to Councillors.

Report to Council 17 Dec meeting on current Env Levy and report to Feb GPC on Proposed New Env Levy.

 

 

5

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.

 

 

FEBRUARY 2009

 

6

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

Preparation of Plan of Management commenced.

Requests for information sent to Nambucca Heads Local Aboriginal Land Council and DECC.

 

The Lands Council has advised they will charge for an archaeological assessment.

 

In respect to the Kingsworth Lake Reserve the potential for Aboriginal objects to be found near this area is HIGH and inspections should be carried out as a walk over site survey should any activity be planned for this area..

 

 

MARCH 2009

 

7

DA09/049

5/03/09

The RTA 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.

Verbal request to provide a response.

No written notification 10 August 2009.

No written notification 21 August 2009.

Further requests for response made 3 Sept 2009.? No written notification as at 21 Sept.

No reply as at 30 September 2009.

Further request made 22 October 2009.

Further request made 6 November 2009?verbally refused.

 

 

8

SF791

19/03/09

That a report 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.

Services already allowed for in lot plan.

No expressions of interest received.? Report to come to Land Development Committee.

 

 

APRIL 2009

 

9

SF959

16/04/09

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

Clrs

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.? Meeting date for Committee is 10 August 2009.

Next meeting for Councillors Court, Flack, Smyth and South is scheduled for 9.00 am Meeting held Monday 24 August 2009.

Meeting held 8 Sept 2009.

Next meeting scheduled for 30 Sept 2009.

Council resolved on 5 November 2009 that the Sub-Committee provide progress reports on their work.

 

 

10

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.

Letter sent.

No response at 10 August 2009.

 

Mayor has made representations to Andrew Stoner MP.

 

Meeting with Minister for Transport on

3 December 2009. (David Campbell)

 

MAY 2009

 

11

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.

Further follow up letter sent 27 July 2009.

Further follow up letter sent 10 September.

No response as at 22 September 2009.

Council has resolved on 1 October 2009 to write to the Premier concerning the delay.

Letter sent 28 October 2009.

No response as at 20/11/09.

 

 

12

SF21

07/05/09

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

 

GM

August 2009.? Council?s Engineering Designer? is delayed with natural disaster work and preparing a design for Council?s industrial land in Nambucca Heads.? To be reported in November along with the future operation of the saleyards generally.

 

Report nearly complete.? To be reported to Sale Yards Committee in first instance late November.

 

 

13

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.

No reply at 17 July 2009

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

No reply expected until Scotts Head Master Plan completed

 

 

14

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.? Report nearly complete.? To be reported to Sale Yards Committee in first instance in late November.

 

15

SF1213

07/05/09

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

 

DES

December 2009

The revision of the Plan will need to be deferred so that staff can give priority to the construction of the cycleway south of Nambucca Heads.? April 2010

 

 

16

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.? Delayed to October 2009.

 

Delayed till November 2009.

 

Obtaining information on cost/benefit of increasing self insurance reserve and reducing the schedule of insured buildings.

 

Report in December 2009.

 

17

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.

Positive progress being made with DECC rep.

Information provided on sampling to DECC.

For determination.

 

 

18

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.

Defer until need determined.

Water quality meets standards downstream.

On-hold.

 

 

JULY 2009

 

19

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

Agreement obtained from Bellingen Council.? Agreement being sought from RTA. Brief prepared for Geotechnical Consultants.

Expressions of interest being sought for an Options Study.

RTA has approved options study.

In relation to deputation follow up letter sent 10 Sept 2009.

Meeting with Minister for Transport on 3 December 2009.

 

 

20

SF283

16/7/09

Option for a rebated access ramp in lieu of removal of podium in Council Chambers be put to the Access Committee.

 

DEP

Matter presented to Access Committee 28 July 2009.

Matter deferred for consideration at next Access meeting.

Matter further deferred for consideration by Committee.

 

 

21

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

 

Deferred to December 2009.

 

22

SF1272

16/07/09

Council consider the need and cost of a consultant to identify and recommend improvements to existing records management practices in the 2010/11 budget.

 

GM

To be reported on in March 2010.

 

23

SF741

16/07/09

Council persevere with improving the operator and equipment efficiency of the Paveliner for a further 6 months before receiving a report and assessing other options including pothole patching being undertaken by contractors.

 

DES

January 2010.

 

AUGUST 2009

24

SF1269

06/08/09

Council receive a report on the tests conducted on the piers of the Congarinni Bridge.

 

DES

15 October 2009.

Tenders called for major maintenance.? Close on 28 October 2009.

Report to Council 19 November 2009

Deferred to December 2009 Council meeting.

Report to Council 3 December 2009.

 

25

SF285

06/08/09

Council write to Coffs Harbour City Council enquiring as to whether the proposed Coffs Coast rail motor service has progressed.

 

GM

Letter sent to Coffs Harbour GM on 14/8/09.

No response as at 6 October 2009.

Follow up letter sent 28 October 2009.

26

SF1131

06/08/09

A meeting be sought with the Minister for Roads to outline and support the submission for funding for Riverside Drive.

 

DES

Letter sent.

Mayor has also met with Andrew Stoner MP.

Meeting with Minister on 3 December in Canberra.

27

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed for Briffen fencing.

28

5.2

Notice of Motion

20/08/09

Council receive a bimonthly report that individually lists all required flood restoration work and the current status of each job.

 

DES

19 November 2009

18 February 2010

15 April 2010

29

5.5

Notice of Motion

 

20/08/09

Council review its Street Tree Guidelines policy

 

DES

December 2009.

Delayed to allow community members to have input.

 

30

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

31

SF843

20/08/09

That an approach be made to Port Macquarie Hastings Council and Kempsey Council seeking a special Professional Fishes Vehicles on Beaches Permit.

 

DES

Letter sent to both Councils.

No response at 21 September 2009.

No response at 30 September 2009.

Verbal agreement received from Port Macquarie-Hastings.? Report to Beach Access committee recommending adoption.

 

SEPTEMBER 2009

32

SF1407

3/09/09

When Council next conducts a ratepayer survey, pose questions concerning importance of climate change and what expenditure priority should be attached to it.

 

GM

Next ratepayer survey scheduled for late 2010, 3 years after the last survey.

Proposed to bring forward survey with Environmental Levy Survey.? Being undertaken early November 2009.

Survey completed 27 November 2009 ? results being collated.

 

33

SF1360

3/09/09

That Council seek a meeting with the NSW Minister for Transport to request a significant contribution to the replacement of the bridge over Deep Creek.? Andrew Stoner MP to be advised of the situation.

 

DES

Letter signed by Mayor sent on 18 September 2009.

Verbal advice that no new information available requiring RTA to contribute.

RTA to meet with Mayor, GM and DES?meeting arranged for 30 November 2009.

Meeting with Minister on 3 December 2009.

 

34

SF941

17/09/09

Tourism ? list of promotional priorities; opportunity for MOU between Council and NV Tourism Inc; MOU with neighbouring Councils; options for structuring a special rate for tourism marketing.

 

GM

Work in progress

OCTOBER 2009

35

SF1269

01/10/09

Council review the tank rebate scheme asap to encourage greater uptake and promote to the community.

 

DEP

Report to GPC in January 2010.

36

SF1269

01/10/09

Council investigate opportunities for funding for a part time Natural Resources Officer in a possible alliance with Bellingen Shire Council at no cost and that a report be prepared on the roles and responsibilities of the position.

 

DEP

Report to December 2009.

Deferred to January 2010 GPC due to dam inspections taking up December GPC.

37

SF1426

01/10/09

Council call for expressions of Interest for a Risk Based Water Based Water Quality Management Plan

 

DES

MWS

January 2010 GPC

38

SF1075

15/10/09

Council review staffing requirements & costs for CCP milestones as well as the savings made in 12 months time.

 

DES

October 2010

NOVEMBER 2009

39

SF1269

5/11/09

Council write to the Premier and Lands Department and to the Minister for Local Government requesting that caravan parks on crown land pay general rates.

 

GM

Letters sent 11 November 2009.? Rate notice issued for Scotts Head Caravan Park to Trust Manager.

40

SF1269

5/11/09

Council check with the ABS regarding the population of the Macksville Urban Area.

 

DEP

Enquiry to be made with ABS.

41

SF1269

5/11/09

Council object to State Government legislation re councils paying for damage to property due to sea level rises.

 

GM

Letter sent to the Hon. John Robertson MLC, Minister for Climate Change on 10 November 2009.

42

SF1102

5/11/09

Council conduct a Value Management Workshop to examine financial components of the IWCM; rate modelling; forecast developer contributions and residential bills.

 

GM

Being discussed with Dept. of Commerce.? Suggested early February 2010 following completion of exhibition period for EIS.

43

SF1102

5/11/09

Council visit neighbouring off stream dams to get a better understanding of them.

 

DES

Scheduled for GPC in 16 December 2009.

44

SF61

5/11/09

Council write to the Scotts Head Reserve Trust and request assistance in funding the provision of surf life saving facilities.

 

DES

Letter written.

Trust advised that letter referred to Land and Property Management Authority.

 

45

SF1269

19/11/09

Council write to Aust Rail Track Corp requesting urgent onsite review of load limits on bridges on Browns Crossing Rd ? need to provide for water and septic pump out trucks.

 

DES

Letter sent to ARTC Broadmeadow.

46

SF1269

19/11/09

Request RFS conduct appraisal of all public reserves around Valla Beach that interface with residential properties and take any action necessary to minimise risk to life and property.

 

DES

Sites being identified on mapping for submission to RFS.? NB ? RFS has already conducted some assessments as a result of being contacted by residents.

47

SF1269

19/11/09

Council write to Dept of Lands requesting consent procedures in case of emergency riverbank restoration work.

 

DES

Letter sent to Land & Property management Authority asking consideration in emergencies.

48

SF382

19/11/09

Scotts Head Master Plan ? write to Dept of Lands as whether they are willing to accept a lease;? the proposed income and any associated costs.

 

DES

Letter sent 27 November 2009.

49

SF382

19/11/09

Council ask the Dept. of Lands to continue to expand the day area if the Master Plan does not proceed.

 

DES

Letter sent 27 November 2009.

50

SF624

19/11/09

Invite NRCMA to GPC re MOU/blueprint.

 

GM

Invitation issued 24/11/09

51

SF42

19/11/09

Forward copy of Policy Payment of Fees, to Dept PM&C.

 

GM

Forward copy of revised guidelines for Councillor Expenses and Facilities to Div of Local Government. Policy forwarded 27 Nov.

 

52

SF544

19/11/09

Section 94 contributions?invite organisation to put forward project ideas.

 

GM

To be done as part of the Community Needs Study.

53

SF601

19/11/09

Community consultation re traffic management in Wallace Street.

 

DES

Displays in foyer and Macksville Library; advertised over next two weeks; information sent to 9 Macksville (random) community groups.

 

54

PRF53

19/11/09

River Street Foreshore landscaping and development plan

 

DES

To be placed on public exhibition for 28 days.

 

55

SF1439

19/11/09

Risk management and fraud and corruption prevention

MHR

That the matter be deferred to the next GPC?Councillors to provide comments to MHR

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

3 December 2009

General Manager's Report

ITEM 10.2??? SF306????????????? 031209???????? Burrapine Public Hall Committee of Management - Annual General Meeting - 1 November 2009

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

This report acknowledges the minutes of the Annual General Meeting (AGM) of the Burrapine Public Hall Committee of Management held on 1 November 2009.? A copy of the minutes of this meeting are attached.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Burrapine Public Hall and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Burrapine Public hall Committee of Management was held on 1 November 2009.

 

The Committee of Management for 2009/2010 is:

 

????????? President ?????????????????????? Tracey Armes

????????? Secretary??????????????????????? Sue Le Maistre

????????? Treasurer???????????????????????? Julie Nobel

????????? Social Secretary????????????? Jim Armes

 

 

CONSULTATION:

 

None.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Burrapine Public Hall is used by local community groups and functions.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

Attachments:

1View

28620/2009 - Minutes of AGM held 1 November 2009

 

??


Ordinary Council Meeting - 3 December 2009

Burrapine Public Hall Committee of Management - Annual General Meeting - 1 November 2009

Attachment 1

Minutes of AGM held 1 November 2009

 



?


Ordinary Council Meeting

3 December 2009

General Manager's Report

ITEM 10.3??? SF337????????????? 031209???????? Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

This report acknowledges the minutes of the Annual General Meeting (AGM) of the Taylors Arm Reserve Committee of Management held on 14 October 2009.? A copy of the minutes of this meeting are attached.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Taylors Arm Reserve and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

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

 

 

DISCUSSION:

 

The AGM of the Taylors Arm Reserve Committee of Management was held on 14 October 2009.

 

The Committee of Management for 2009/2010 is:

 

????????? President ?????????????????????? Syd Scott

????????? Vice President???????????????? M Spear

????????? Secretary??????????????????????? Dawn Smythe

????????? Treasurer???????????????????????? J Gooch

????????? Executive Committee?????? K Keogh

????????? Committee ???????????????????? B Sharkey

 

CONSULTATION:

 

None.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Taylors Arm Reserve is used by local community groups and functions.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

 

Attachments:

1View

27193/2009 - Minutes of AGM held 14 October 2009

 

??


Ordinary Council Meeting - 3 December 2009

Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009

Attachment 1

Minutes of AGM held 14 October 2009

 






?


Ordinary Council Meeting

3 December 2009

General Manager's Report

ITEM 10.4??? SF301????????????? 031209???????? Bowraville Pioneer Community Centre Committee of Management - Annual General Meeting - 28 September 2009

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

This report acknowledges the minutes of the Annual General Meeting (AGM) of the Bowraville Pioneer Community Centre Committee of Management held on 28 September 2009.? A copy of the minutes of this meeting are attached.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Bowraville Pioneer Community Centre and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Bowraville Pioneer Community Centre Committee of Management was held on 28 September 2009.

 

The Committee of Management for 2009/2010 is:

 

????????? President ?????????????????????? Ken McKelvie

????????? Vice President???????????????? Neil Green

????????? Secretary??????????????????????? Colin Wilson

????????? Treasurer???????????????????????? Dagmar Waldorf

????????? Media Liaison????????????????? Julia Morrel

 

 

CONSULTATION:

 

None.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Bowraville Pioneer Community Centre has been used by local community groups.

 

Economic

 

There are no economic implications.


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

 

Attachments:

1View

29201/2009 - Annual Report 2008/2009 28 September 2009

 

??


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre Committee of Management - Annual General Meeting - 28 September 2009

Attachment 1

Annual Report 2008/2009 28 September 2009

 




?


Ordinary Council Meeting

3 December 2009

General Manager's Report

ITEM 10.5??? SF362????????????? 031209???????? Bowraville Pioneer Community Centre

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council needs to make a decision on the future of the Bowraville Pioneer Community Centre.? It has now received 3 reports on the fire safety of the building, the earliest being from November 2003, which indicates that there are significant fire safety risks associated with the structure and the combination of uses.

 

It is estimated that the cost of bringing the building up to the minimum acceptable standard will be $125,000.? This estimate is considered to be the minimum as no allowance or contingency has been provided for structural inadequacies which are likely to be uncovered as work proceeds.

 

Tenders for the sale of the property closed on 11 November 2009 with only one tender being received, that being from the Bowraville Community Development Association Incorporated.

 

As there is only one tender from the Bowraville Community Development Association Inc (BDCA) who propose to maintain the building?s community focus and to, ?provide a focal point for fundraising activities for disadvantaged groups and individuals?, the tender should be accepted.? Whilst Council is not realising any value on the transfer of the property, its community use will be retained and Council will have no financial liability.

 

If the BDCA declines, for whatever reason, to acquire the property, the Council should list the property for sale with a local real estate agent for a price not less than that identified in the previous valuation and provide 4 months notice to all tenants to vacate the building with the exception of Aunt Emily?s.

 

 

Recommendation:

 

1??????? That Council accept the tender from the Bowraville Community Development Association ????????? Inc. (BCDA) and sell the property for $5.00 with appropriate contractual disclosures being ???????? that the buildings are in a dilapidated condition; a Section 149D Certificate under the Local ?? Government Act would not be issued with respect to the building; an acknowledgement by ?? the purchaser that it is aware of the defective condition of the improvements and that it has not relied on any representation by Council as to the fitness for current use, building compliance or state of repair; and enclosing a copy of the proposed Order No. 6 (copy attached to report) under Section 121B of the Environmental Planning and Assessment Act 1979.

 

2??????? In the event that the Bowraville Community Development Association Inc. (BCDA) declines ????????? to acquire the property, Council list the property for sale with a local real estate agent for ????????? a ?????? price not less than that identified in the previous valuation and provide 4 months notice to ??? all tenants to vacate the building, with the exception of Aunt Emily?s.

 

3??????? Radio Nambucca be advised that Council will consider any request they may make for ????????? assistance in relocation to the Tewinga Community Centre.

 

 

OPTIONS:

 

Council needs to make a decision on the future of the Bowraville Pioneer Community Centre.? It has now received 3 reports on the fire safety of the building, the earliest being from November 2003, which indicates that there are significant fire safety risks associated with the structure and the combination of uses.? Council has acted to reduce this risk by requiring the residential flat to be vacated but otherwise has not acted on the recommendations.

 

It is estimated that the cost of bringing the building up to the minimum acceptable standard will be $125,000.? This estimate is considered to be the minimum as no allowance or contingency has been provided for structural inadequacies which are likely to be uncovered as work proceeds.? And even after that work is done, the nature of the building is such that on-going maintenance costs will be relatively expensive.

 

If Council is not confident that the BDCA will be successful in its management of the building, an alternative option is not to accept the tender and require that the building be vacated (except for Aunt Emily's) and then list the building for sale or reclassify it as per the advice of the Legal Aid Solicitor.

 

 

DISCUSSION:

 

The future of the Bowraville Pioneer Community Centre has been the subject of many reports to Council.? The following is a brief summary of the reports and resolutions since 21 June 2007.

 

21 June 2007

 

Council considers an extensive report on all its community halls and buildings.? It is noted that local government has historically focussed on the creation of assets with little regard for life cycle costs.? It is stated that the financial reality is that Council will have to look at opportunities to rationalise asset stock that no longer provide the intended service to the community or an equitable return to the community for on-going maintenance and compliance costs.? It is recommended that Council consult with the Committee of Management regarding a timetable for the sale of the premises.? Council resolves to defer closures of any halls for 12 months to allow Committees of Management to consider their long term financial sustainability as well as to assist the Committees with grant applications and to determine accurate costings for capital works.

 

21 February 2008

 

Council considers another report in relation to the halls, including the Pioneer Community Centre.? It is recommended that Council seek a valuation of the Centre and negotiate with the Committees of Management for the Pioneer Community Centre and Tewinga Community Centre as well as Radio Nambucca with a view to relocating Radio Nambucca to the Tewinga Community Centre and selling the Pioneer Community Centre with a long term lease in place for Aunt Emily?s craft co-operative.? Council resolved in accordance with the recommendation and also to obtain indicative costs associated with the possible relocation of Radio Nambucca.

 

18 December 2008

 

A valuation report is referred to Council and also advice that there had been no effective progress in negotiations with user groups.? It was recommended that Council advertise the building for sale by tender in either an unencumbered state and/or with the tenderer agreeing to offer standard 5 x 5 year leases to Aunt Emily?s and Radio Nambucca at $14 per week and $25 per week respectively.? It was also recommended that Council?s preference be for a tender which makes provision for these leases at the nominated rental.? Council resolved in accordance with the recommendation but added that nothing be done until after April 2009 having considered submissions from user groups and that Council make a decision at that time.

 

15 April 2009

 

Council advised of a building report and fire safety upgrade report which indicated that for the existing building uses to continue Council will need to immediately spend $72,000 with a further $68,000 in 2009/2010 and with additional expenditure in subsequent years.? Most of the ?up front? expenditure concerns fire safety, the provision of disabled access and a disabled toilet.? Council resolved that the future of the building be subject to a further report in 3 months time following receipt of any proposal by the Committee of Management to retain the building; that there be no action on tendering for the sale of the building until after the Committee of Management submits its proposal; that Council write to the Committee of Management to ensure the flat is vacated and the Committee provide the General Manager with a list of user groups and the activities they are conducting as well as details of their public liability insurance.

 

20 August 2009

 

Council considers a proposal from the Committee of Management to retain the building.? In essence the proposal is as follows:

 

1.???????? Form a ?not for profit? Incorporated Association titled Bowraville Community Development Association Incorporated.

2.???????? Council transfer ownership of the Pioneer Community Centre to the Incorporated Association at no cost.

3.???????? The Incorporated Association proposes to offer the existing flat to 2NVR as a place for them to relocate to.? If 2NVR accepts the offer, the downstairs area would be made available for rent by a business.

4.???????? Hall, kitchen and patio area be updated to continue as a coffee shop used by the Saturday markets.

5.???????? If 2NVR decline the offer to relocate then consideration would be given to extending the operation of the caf? as a more permanent business.

6.???????? More use to be made of the hall for commercial purposes, including stalls and midweek markets whilst still allowing for community activities.

7.???????? Walls to be used to display and sell local art work.

8.???????? Aunt Emily?s to remain.

9.???????? Room currently used to teach music will be designated as the Community Services Administration Office.

10.??????? Possibility of a limited tourist information service.

 

Council resolved to advertise the building for sale by tender; that the occupants be notified of Council?s action; that the outcome of the tenders together with details on any relocation of 2NVRFM to the Tewinga Community Centre be reported to Council; that the residential tenant be provided with a further period of 2 weeks to vacate the premises; that Council approach the Tewinga Committee of Management concerning a possible move of 2NVRFM to the Tewinga Community Centre; and that a report come to Council on the ability to transfer the building to the Bowraville Community Development Association Inc. for a token fee but ensuring that it remain in community use, cannot be on-sold and any potential liability to Council in the transfer.

 

The following information deals with developments since 20 August 2009 and the outcome of the tender process.

 

Demand from Legal Aid, Coffs Harbour

 

On 20 October 2009 and 21 October 2009, Council received a media release (attachment) and letter from Sally Bryant, Legal Aid Solicitor (attachment).

 

In summary the Bowraville Community Development Association Incorporated (BCDA) sought legal advice to prevent Council from selling the building.? In essence Ms Bryant argues that the land was wrongly classified as operational land in about November 1993 following the commencement of the new (and current) Local Government Act.? She believes that Council?s ownership of the land was subject to a trust for a public purpose and hence could not be classified as operational.

 

The advice provided by the Legal Aid solicitor has been discussed with Council?s solicitor, Deacons.? Their verbal advice is that the area of trusts (implied or otherwise) is complicated with a considerable body of law far more extensive than the case of Bathurst City Council ?v- PWC Properties Pty Ltd (1998) HCA 59 quoted by Ms Bryant.? And with limited information in relation to Council?s acquisition of the building and its classification it may be difficult to determine one way or another.? Deacons are of the view that the sale should be put on hold; that there should be further investigations concerning Council's acquisition of the building and that Council write to the Legal Aid solicitor seeking more support for her contention that the property was held in trust.

 

Deacons have not been requested to provide written advice as their fee estimate of $8,250 (inc GST) was judged to exceed the benefit of having a more informed legal position.

 

Ms Bryant has been advised that Council will consider her advice but is unable to make a commitment to withdraw the property from sale by the nominated deadline of 2 November 2009.? Further that Council will consider any tenders at its meeting on 3 December 2009.

 

If Council were to accept Ms Bryant?s advice, it would be unable to transfer the ownership of the property, even to the Bowraville Community Development Association, without going through an LEP process to again reclassify it as operational land.? Where such reclassification processes are contested, they may not occur and even if they do, it would likely take at least 2 years to complete.? Council cannot continue to defer upgrade works on this building for 2 years or an indefinite period.

 

Weighing up the risks of acting contrary to the demand made by the Legal Aid Solicitor, Ms Bryant, the following should be considered:

 

?????????????? the absence of documentation concerning the formation of any trust;

?????????????? the fact that the report recommends Council transfer ownership of the building to the ?BCDA?;

?????????????? that a reclassification process will involve greater risk and disruption as Council should require the building to be vacated except for Aunt Emily's while this occurs.

 

 

Outcome of the Tender

 

Tenders for the sale of the property closed on 11 November 2009 with only one tender being received, that being from the Bowraville Community Development Association Incorporated.? A copy of the tender is an attachment.

 

The Bowraville Community Development Association Incorporated propose to acquire the property for a consideration of $5.00.? The following is a summary of their current and future plans for the use of the building:

 

The flat

 

1.???????? They propose that the flat, which is currently vacant, be made available for a business or other commercial activity.? Their preferred plan is to offer the flat to 2NVR as a place for them to relocate to.

2.???????? If 2NVR accepts the offer to relocate to the vacant flat, then the downstairs rooms would be made available to rent for business or some other commercial activity.

 

The Main Hall and Kitchen

 

3.???????? The kitchen will continue in its current role as a simple tea, coffee and cake caf? used by the Saturday markets.

4.???????? The Hall to become a more permanent facility for the marketing and selling of crafts, art, handmade/home grown and collectables; as in the current theme for the community markets.? The plan is to expand the use of the hall for community markets, whilst still allowing for the continued use of the hall for community activities.

5.???????? There is currently no public or community gallery in Bowraville.? It is planned to establish a community gallery called ?The Grace Gallery?.? The walls could be used to display and sell local artists work.

 

Aunty Emily?s

 

6.???????? Will retain their current area and function as a shop front.

 

Office Space 1

 

7.???????? The room currently used by Terry Simpson to teach music will be designated as the Community Services Administration Office.? This will provide community based service organizations with an office facility from where they are able to conduct their business and store information and records.

 

Office Space 2

 

8.???????? This space is currently in use by PCC and the Back to Bowra Hinterland Festival as an office space.? This plan is to offer this space for rent, with preference given to Mr Simpson to continue his activities if the space is suitable.

 

In terms of a budget, the Association has referred to the past operations of the Committee of Management.? For the financial report to 30 June 2009, of the $6,896 of income, $3,734 was derived from the rental of the flat which has now been vacated for fire safety reasons.

 

The Association proposes to secure grant funds to undertake necessary building upgrade works.? They propose to address three main areas being fire safety, disabled toilet, disabled access and a driveway at the rear.? They believe the cost estimate for this work provided by Council staff of approximately $113,000 is ?overly inflated? and believe they can undertake the same work for approximately $49,000.? The Association believes a closer examination of the estimates may provide further savings.

 

Ability to Transfer the Building to the Bowraville Community Development Association (BCDA)

 

Council has received the attached advice from Fishburn Watson O?Brien in relation to Council?s ability to transfer the building to the BCDA.? It is possible to try and restrict the use of the building but there are some practical issues.? Defining the community use for either all or part of the building will likely be impossible.? In the first instance there will be differences as to what is a legitimate community use.? Even if there is a common definition of community use, the BDCA has indicated that they want to rent the building to generate revenue.? The second question then is to what extent such revenue generating activities will be allowed to displace community uses.

 

Importantly, the advice states that Council can avoid liability for compliance work required to the Centre upon transfer to the BCDA.? Fishburn Watson O?Brien recommend that the contract for sale/transfer should contain a disclosure of the fact that the buildings are in a dilapidated condition and a Section 149D Certificate under the Local Government Act would not be issued with respect to the building.? The contract should also contain an acknowledgement by the purchaser that it is aware of the defective condition of the improvements and that it has not relied on any representation by Council as to the fitness for current use, building compliance or state of repair.

 

However it is proposed that Council go further and draft an Order No. 6 under Section 121B of the Environmental Planning and Assessment Act.? This would provide clear advice to the BCDA as to the minimum amount of work which would be required to provide a reasonable level of fire safety to the building?s occupants and restrict the spread of fire.

 

A copy of the proposed Order No. 6 is attached.

 

Updated Fire Safety Report

 

Council has received the attached updated fire safety report for the building.? The report does not consider any structural deficiencies in the building nor issues arising out of the Disability Discrimination Act.? The report makes 20 recommendations and provides a summary of estimated costs, the total of which is $52,000 with an annual expenditure of $2,500 for a direct link to the fire brigade.

 

Council staff have assessed the recommendations of the Fire Safety Report in drafting the proposed Order No. 6.

 

Radio Nambucca (2NVR) and the Tewinga Community Centre

 

The Annual General Meeting of the Tewinga Community Centre was held on 19 November 2009.? Present at the meeting were representatives of Radio 2NRV.? The minutes indicate there was general discussion regarding the occupation by Radio Nambucca Inc. and that, ?the committee is happy for radio Nambucca to take over should the opportunity arise in the near future?.

 

Radio Nambucca Inc. has previously advised Council that a ballot of their 97 members resulted in their position being as follows:

 

?The members support the current arrangements while the Pioneer Community Centre remains in Council ownership.

 

Members and presenters do not support the current arrangements should be building pass into private ownership.

 

Members strongly support the view that Council provide permanent accommodation and fund any relocation by Radio Nambucca.

 

Members consider the Tewinga Community Centre an acceptable possible home for Radio Nambucca.? There are some concerns over security and remoteness.

 

Some members have indicated a preference for Radio Nambucca to have a physical presence in each of the three towns in the valley.?

 

In the event that the Pioneer Community Centre is transferred to the BCDA and Radio Nambucca still wishes to relocate to the Tewinga Community Centre, Council should consider a request to assist in that relocation.? Council?s Grants Officer is already working on a grant application for the relocation under the Community Builder?s program.

 

Conclusion

 

As previously reported, the building is old and given the compliance requirements of the 21st century is ill suited for use as a community building.? If Council wishes to retain its ownership it will need to commit at least $125,000 to its upgrading and even then the building will require a relatively high level of maintenance expenditure to maintain in an acceptable condition.? It is estimated that the building will cost $15,000 - $20,000 per annum to maintain which includes $4,000 for insurance; $1,000 for an annual electrical inspection; $2,500 to a direct link to the Fire Brigade, and $500 to maintain fire safety measures.

 

As there is only one tender from the Bowraville Community Development Association who propose to maintain the building?s community focus and to, ?provide a focal point for fundraising activities for disadvantaged groups and individuals?, the tender should be accepted.? Whilst Council is not realising any value on the transfer of the property, its community use will be retained and Council will have no financial liability.

 

In the event that the Bowraville Community Development Association Inc. (BCDA) declines to acquire the property, then Council should list the property for sale with a local real estate agent for a price not less than that identified in the previous valuation and provide 4 months notice to all tenants to vacate the building, with the exception of Aunt Emily?s.? It is recommended that Aunt Emily?s remain as it represents a minimal fire safety risk and it is preferable for security reasons that the building have some occupation rather than being vacant pending its sale.

 

 

CONSULTATION:

 

There has been consultation with the President of Radio Nambucca; Council?s Property Officer; Council?s Technical Officer ? Assets; and the author of the Fire Safety Report.

 

SUSTAINABILITY ASSESSMENT:

 


Environment

 

There are no implications for the environment.

 

Social

 

The social implications have been previously reported on.

 

Some people believe the Pioneer Community Centre is an important venue for community groups and meetings in Bowraville.? Also that Radio Nambucca must maintain a presence in Bowraville because it is more accessible than Tewinga.

 

However it needs to be acknowledged that Bowraville is relatively well serviced with community halls and facilities, Grants Hall and the Bowraville Theatre being 2 examples.

 

The lower level of the building which is currently occupied by Radio Nambucca is cramped and has poor amenity to the extent that it?s difficult to accept it being a satisfactory and permanent home for this important community service.

 

Economic

 

There are no economic implications.

 

Risk

 

Besides the fire safety risk which is discussed in the report, the major identified risk is that the BCDA will not be able to fund the necessary works or be unable to manage the building for whatever reason.

 

The rules of incorporation for the Bowraville Community Development Association provide for the following mission statement:

 

(a)????? to be a not for profit organisation trading under the name the ?Bowraville Pioneer Community ???????? Centre?

 

(b)????? to manage the assets of the ?Bowraville Community Development Association Incorporated?.

 

(c)????? to undertake the role of an auspice organisation to support individuals and community groups ?????? applying for grants and funding.???????

 

(d)????? to provide a focal point for fundraising activities for disadvantaged groups and individuals.

 

In the event that the incorporated association is, for whatever reason, wound up, the Associations Incorporation Act 1984 provides for the distribution of surplus property.??? Surplus property is that property remaining after satisfaction of the debts and liabilities of the association and the costs, charges and expenses of winding up of the association.

 

In a winding up of an incorporated association, the surplus property of the association is to be distributed in accordance with a special resolution of the association.? According to Section 53 of the Act, any such distribution of surplus property:

 

(2A)

 

(a)????? must be approved by the Director-General and

 

(b)????? is not to be made to any member or former member of the association, or to any person to be held on trust for any member or former member of the association, unless the member or former member is an association that, at the time of the distribution, has rules preventing the distribution of property to its members, and

 

(c)????? is subject to any trust affecting that property or any part of it.

 

(2B)??? Surplus property or any part of it that consists of property supplied by a government department or public authority, including any unexpended portion of a grant, must be returned to the department or authority that supplied it or to a body nominated by the department or authority.

 

(3)????? A person aggrieved by the operation of this section in relation to the surplus property of an incorporated association may apply to the Court which may make such orders as to the disposal of the surplus property as to the Court appears just.

 

Therefore appropriate laws are in place to manage the distribution of surplus property in the event that the incorporated association is wound up.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council?s Auditor made a presentation on Council?s financial statements to 30 June 2009 at the last Council meeting on 19 November 2009.? Whilst Council has considerable work to do in improving the recording of its assets and the expenditure required to maintain them at an acceptable standard, the current best estimate of our Asset Renewal Ratio on a consolidated funds basis is 0.60.? This means that for every dollar in the deterioration of its assets, Council is only spending 60 cents on their replacement.? This trend is obviously not sustainable and Council must either reduce its costs in relation to asset renewal and/or increase the funding applied to their renewal or it will in the long term have to respond to more difficult questions concerning its financial viability.

 

Source of fund and any variance to working funds

 

There is no budget for capital expenditure on the building.? Any expenditure to upgrade the building will have to come from working funds or be included in the budget for 2010/11.

 

Attachments:

1View

30330/2009 - Option No. 6 - Notice of Intention EP&Act

 

2View

30311/2009 - Press Release

 

3View

30314/2009 - Legal Aid Letter

 

4View

30319/2009 - Tender

 

5View

30320/2009 - Fishburn Watson O'Brien Advice

 

6View

30321/2009 - Proposed Order No 6

 

7View

30324/2009 - Fires Safety Upgrade Report

 

??


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 1

Option No. 6 - Notice of Intention EP&Act

 

Enquiries to:???? N Pengilly

Our Ref: ???????? SF1271 & SF362 LF3802

 

 

 

25 November 2009

 

 

 

 

 

 

Dear

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

NOTICE OF INTENTION TO GIVE AN ORDER

 

NOTICE:? You are hereby given notice in accordance with Section 121H of the Environmental Planning and Assessment Act 1979 that Council intends to serve an Order in accordance with the provisions of Section 121B (Order No 6) of that Act.

 

TERMS OF THE PROPOSED ORDER:

 

To undertake upgrade works to the building to provide fire safety measures and adequate warning systems for occupants to provide adequate time to evacuate the building in the event of a fire.

 

PREMISES:?? Bowraville Pioneer Community Centre on Lot 6 DP 666989, 70 High Street Bowraville.

 

PERIOD OF COMPLIANCE:? A period of? 120 days will be given in which to comply with the Order.

 

REPRESENTATIONS:? Prior to the giving of the Order you may make representations to Council as to why the Order should not be given, or as to the terms of, or the period for compliance with, the Order. Any such representation should be made to Mr Phillip Gall, Nambucca Shire Council within fourteen (14) days of the date of this notice. Any representations made by you will be considered in accordance with Sections 121J and ?121K of the Environmental Planning and Assessment Act 1979. For the purposes of making those representations you may make them in person, in writing, or you may be represented by a barrister, solicitor or agent.

 

FURTHER INFORMATION:? Should any further information be required, contact Mr Neil Pengilly at Council?s Administration Centre, 44 Princess Street Macksville or on 02 6568258 between the hours of 8.30 am and 4.00 pm, Monday to Friday.

 

Yours faithfully

 

 

 

Phillip Gall

MANAGER HEALTH AND BUILDING SERVICES

 

PG:bp

 

?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 2

Press Release

 

?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 3

Legal Aid Letter

 


?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 4

Tender

 


?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 5

Fishburn Watson O'Brien Advice

 


?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 6

Proposed Order No 6

 


?


Ordinary Council Meeting - 3 December 2009

Bowraville Pioneer Community Centre

Attachment 7

Fires Safety Upgrade Report

 


??


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.1??? SF1261??????????? 031209???????? Outstanding DAs greater than 12 months, applications where submissions received not determined to 23 November 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.

 

 

 

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

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:? 0

 

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

2010/004

06/07/09

13 Lot Residential Subdivision

Lot 95 DP 1099538, Seaforth Drive, Valla Beach

? Farming and horticulture activities on adjoining land ? spraying carried out which may cause noise issues at night

? Prospective purchasers to be informed of this

Land proposed to be subdivided is zoned Residential 2(a). Buffer distances comply with Council?s DCP 16.

Assessment being prepared with consideration given to earthworks and drainage issues

Awaiting information from Engineers re various issues with the design of the subdivision

Determination of application by end November

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2010/031

24/08/09

Rural Shed - Animal Establishment

Lot 516 DP 632883, 266 Irvines Road, Tewinga

? A number of support for application

? Industry that is needed in the Valley

? Has always been clean when visiting

? Pigs have been there 2 years with no previous complaints

? Various issues with odour, visual amenity

? Not suitable to area

Upon receipt of clarification from Council?s Solicitor, a report will be presented to a future meeting of Council

Site to be inspected GPC January 2010

 

2010/047

22/09/2009

Drive In Liquor Store

Lot 2 DP 129506, 50-54 Riverside Drive, Nambucca Heads

? Anti-social behaviour

? Already 2 liquor stores within walking distance

? Traffic issues

A large number of objections have been received - Issues will be addressed in the assessment of the application

Still awaiting a response from the RTA.

30/10/09 - Following a detailed assessment of the application, the applicant was requested to submit additional information which includes car parking for the entire site.

 

Determination not likely until January 2010

2010/055

01/10/09

6 Lot Residential Subdivision

Lot 3 DP 1061694, Waratah Street, Scotts Head

? Position of garbage collection hardstand

? Safety issues for access from Waratah Street

? Minimum availability of land for building

? No walking track/steps from the ?bowl? to Waratah Street

Awaiting internal referrals

Issues will be considered and addressed as part of the DA Assessment.

Determination of application by end November

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.2??? SF1261??????????? 031209???????? DAs and CDCs Received and Determined under Delegated Authority 8-24 November 2009

 

AUTHOR/ENQUIRIES:???? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

OPTIONS:

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
8-24 NOVEMBER 2009

 

DA Number

Application Date

Development

Address

2010/612

11/11/2009

Carport

Lot 2 DP 864849, 2 Grant Crescent, Macksville

2010/613

11/11/2009

Garage

Lot 1 DP 826551, 7115 Pacific Highway, Valla

2010/066

10/11/2009

Alterations And Additions To Youth Centre Withdrawn until sufficient information is ready to be resubmitted

Lot 1 DP 510907, 7 Banksia Crescent, Scotts Head

2010/067

12/11/2009

Relocate dwelling-house, add deck and construct double garage

Lot 16 DP 1107549, 104 Eungai Creek Road, Eungai Creek

2010/068

16/11/2009

Dwelling Additions

Lot 1 DP 363096, 73 Spaldings Road, Congarinni North

2010/069

16/11/2009

Rural-Residential Shed

Lot 3 DP 1066969, 167 Burkes Lane, Valla

2010/070

18/11/2009

Patio Cover and Carport

Lot 2 DP 1088611, 6 Valley View Road, Talarm

 

 

Note:? Complying Development Applications have a suffix starting with ?6? ie 2010/601

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 24 NOVEMBER 2009

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2009/193

Lot 9 Section 8 DP 758150, 27 High Street , Bowraville

Alterations and Additions to the rear of the Post Office building and commencement of an ancillary activity ? Refreshment Room

20,000

2009/007/01

Lot 12 DP 1082511, 15 Kingfisher Lane, Bowraville

Dwelling-House MODIFICATION

200,000

2010/062

Lot 9 Section E DP 6379, 74 Main Street, Eungai Creek

Dwelling Additions

30,000

2010/054

Lot 6 Section 7 DP 758150, Cnr Young & High Streets, Bowraville

Shade Sail

3,500

2010/033

Lot 49 DP 755554, 1441-1456 Missabotti Road, Missabotti

Dwelling Additions

45,000

2010/005

Lot 3 DP 1070974, 130 Main Street, Eungai Creek

Operate a small plant nursery and advertising sign

2,000

2009/192

Lot 3 Section D DP 5358, 6 Nambucca Street, Macksville

Demolish Colourbond Shed and erect Building for the purpose of a Commercial Kitchen

120,000

2010/051

Lot 4 Section C DP 6045, 16 Cooper Street, Macksville

Playground Equipment

35,000

2010/607

Lot 53 DP 248782, 14 Nambucca Street, Nambucca Heads

Dwelling Additions

4,000

2010/608

Lot 51 DP 792720, 100 Florence WIlmont Drive, Nambucca Heads

Swimming Pool

31,377

2010/609

Lot 56 DP 239693, 10 Hibiscus Way, Scotts Head

Deck

12,600

2010/610

Lot 103 DP 1126852, Irvines Road, Newee Creek

Swimming Pool

16,000

2010/611

Lot 1 DP 436488, 21 Vernon Street, Scotts Head

Administration/Library Block

800,806

2010/612

Lot 2 DP 864849, 2 Grant Crescent, Macksville

Carport

3,500

2009/197

Lot 151 DP 801984, 29 High Street, Bowraville

Alterations and extensions to existing museum building

200,000

2010/059

Lot 106 DP 245010, 31 South Pacific Drive, Scotts Head

Dwelling-House and Garage

272,243

2010/049/01

Lot 3 DP 32372, 35 East Street, Macksville

Patio Cover Modification

8,730

2009/127/01

Lots 1-3 DP 245995 & Lot 25 DP 758085, cnr Bellwood Road and Pacific Highway, Nambucca Heads

McDonalds Takeaway Restaurant and Drive Through, Advertising Pole Sign and Car Parking Modification

1,000,000

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.3??? SF1418??????????? 031209???????? Report on Funding applications under the NSW Estuary, Coastal and Floodplain Management Programs

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

The NSW DECCW have introduced a new funding application timetable for project funding under the NSW Estuary, Coastal and Floodplain Management Grants program.

 

The changes have been introduced in response to recommendations from the Auditor General in a recent report on Environmental Grants Administration. The new process is designed to enable better alignment with councils? funding cycles and improved project planning, within the constraints of an annual program allocation by NSW Treasury.

 

Due to the short lead time and the applications being Expressions of Interest initially, three EOI's have been submitted for the continuation of existing programs:

 

i?????????? Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)

ii?????????? Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)

iii????????? Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan $100,000 ($50,000 grant and $50,000 Environmental Levy)

 

 

Recommendation:

 

1????????? That Council note the changed funding process and timetable under the NSW Estuary, Coastal and Floodplain Management grants programs.

 

2????????? That Council endorse the three Expressions of Interest submitted under the NSW Estuary, Coastal and Floodplain Management grants program for the following:

 

i??????? Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)

ii?????? Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)

iii????? Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan $100,000 ($50,000 grant and $50,000 Environmental Levy)

 

3????????? That Council include the above three projects in the 2010 ? 2015 Environmental Levy should Council continue the Environmental Levy program.

 

 

OPTIONS:

 

Council not proceed with the three EOI's as submitted.

 

 


DISCUSSION:

 

Changes have been made to the timetable for the calling of grant applications under the NSW Estuary, Coastal and Floodplain Management grants program for the 2010/2011 financial year. These changes have been brought about in response to recommendations from the Auditor General in a recent report on Environmental Grants Administration. The new process is designed to enable better alignment with councils? funding cycles and improved project planning, within the constraints of an annual program allocation by NSW Treasury.

 

The new process is outlined below:

 

?????????????? Applications called during October 2009

?????????????? Applications closed on 10 November 2009

?????????????? Earlier assessment and prioritisation of projects.

?????????????? Development of a priority list of projects for each program, which are likely to be offered funding in July 2010, subject to final budget allocations and Government priorities.

?????????????? Advising applicants in February 2010 if their projects are in the priority list.

?????????????? Liaising with priority list applicants during April and May 2010 to confirm councils? financial commitment and project plans.

?????????????? Formal announcement of grant offers expected in July 2010.

 

Due to the short lead time and staff being on leave during October, an earlier report was not able to be prepared and presented to the Nambucca River Estuary and Coastline Management Committee or Council prior to the closing date for applications. Fortunately this new "pilot" process are more Expressions of Interest initially, with the short listed applications being the subject of further discussion between Council and DECCW during Council's draft budgeting period (April & May) to confirm the commitment of funds from Council.

 

Three EOI's have been submitted for the continuation of existing programs:

 

1????????? Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy) ? Coastal Program

2????????? Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy) ? Floodplain Management Program

3????????? Continued implementation of the Nambucca River Estuary Management Plan $100,000 ($50,000 grant and $50,000 Environmental Levy) ? Estuary Program

 

If all of the above applications are successful it would see the full completion of the Coastal Hazard Management Plan.

 

The continuation of the Nambucca River Flood Study would head upstream from Watt Creek and include the entire floodplain around Macksville taking into consideration the modelling work that the RTA have done in regard to the proposed Highway deviation.

 

The continued implementation of the Nambucca River Estuary Management Plan would see a further $50,000 committed to riverbank restoration works and $50,000 towards other projects identified in the both the Estuary Plan and the Master plan.

 

Council would also be aware that a review of the continuation of the Environmental Levy is also underway and the above projects will be identified in the draft Environmental Levy program.

 

 

CONSULTATION:

 

DECCW

Director Engineering Services

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

These projects will consider the environmental impacts and benefits should they proceed.

 

Social

 

These projects will consider the social impacts and benefits should they proceed.

 

Economic

 

These projects will consider the economic impacts and benefits should they proceed.

 

Risk

 

These projects will consider the risks should they proceed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no commitments of Council at this stage. However, Council's identified contributions will only be available should the Environmental Levy continue and Council confirms these projects in the works program for the Levy.

 

Source of fund and any variance to working funds

 

No variations needed at this stage.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.4??? SF1075??????????? 031209???????? Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

The Department of Environment, Climate Change and Water (DECCW) have released for public comment the Draft Flood Risk Management Guide and the Draft Coastal Risk Management Guide.

 

Submissions close 5.00 pm on Friday, 11 December 2009.

 

It is not proposed to make a submission at this time as both Draft guides will be considered and taken into account as appropriate in the Nambucca Coastal Hazard Management Plan and the Lower Nambucca Flood Study update and any other new coastal hazard or flood studies to be done.

 

The Local Adaptation Pathways Program currently underway in partnership with Kempsey and Bellingen Council's will also need to have regard to the Draft Guides.

 

 

Recommendation:

 

That Council note that the two Draft Guides ? Flood Risk Management and Coastal Risk Management are currently on exhibition until 5.00 pm Friday, 11 December 2009 and that no submission is made by Council.

 

 

OPTIONS:

 

Council could choose to make a submission, in which case Council should for a motion which clearly identifies the basis and provide detail for the submission.

 

 

DISCUSSION:

 

Following the release of the NSW Government Policy Statement on Climate Change two Draft Guides have now been prepared and released for public comment. The Draft guides are circularised and accompanying information may be viewed or downloaded from:

http://www.environment.nsw.gov.au/climateChange/sealevel.htm

 

The guides will assist local government and the development industry when considering the impacts associated with sea level rise and associated coastal hazard and flood risks.

 

Nambucca Shire currently has several projects underway which will need to have regard to Climate Change, sea level rise, flooding and coastal hazards. These guides whilst still "Drafts" will be considered.

 

It is not intended to make a submission on either of the Draft guides, however should Council be of the mind to make a submission it should clearly identify the basis and detail to be included in the submission.

 

 

CONSULTATION:

 

Environmental Compliance Officer

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts with this report, however the draft Guides consider the potential for environmental impact.

 

Social

 

There are no impacts with this report, however the draft Guides consider the potential for social impacts.

 

Economic

 

There are no impacts with this report, however the draft Guides identify that considerable economic impact will arise due to climate change, sea level rise and flooding.

 

Risk

 

There are no impacts with this report, however the draft Guides are based on risk management and preparedness.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no costs associated with this report

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

?- CIRCULARISED DOCUMENTS - DECC&W Guides -
DRAFT FLOOD RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in flood risk assessments
DRAFT COASTAL RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in coastal risk assessments

 

??


 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

 

 

 

CIRCULARISED DOCUMENTS - DECC&W Guides - / DRAFT FLOOD RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in flood risk assessments / DRAFT COASTAL RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in coastal risk assessments

 

??Pages

 

?


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.5??? SF285????????????? 031209???????? Report on Minutes of the Community Services Committee Meeting held 8 September 2009

 

AUTHOR/ENQUIRIES:???? Patricia Walker, Aboriginal Community Development Officer ????????

 

Summary:

 

The minutes of the Nambucca Shire Council Community Services Committee Meeting held on 8 September 2009 are attached.

 

There were no recommendations from the Committee which require a resolution of Council.

 

 

Recommendation:

 

That the Minutes of the Community Services Committee of 8 September 2009 be noted.

 

 

OPTIONS:

 

1????????? Endorse the minutes and the recommendations.

2????????? Not endorse the minutes.

3????????? Endorse the minutes with amendments.

 

 

DISCUSSION:

 

As no recommendations have been put forward the minutes provide an outline of the business transacted at the meeting.

 

 

CONSULTATION:

 

Director Environment & Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no specific environmental sustainability issues.

 

Social

 

Nothing identified.

 

Economic

 

Nothing identified.

 

Risk

 

There no risk related issues identified as resulting from this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

28207/2009 - Minutes of the Community Services Committee held 8 September 2009

 

??


Ordinary Council Meeting - 3 December 2009

Report on Minutes of the Community Services Committee Meeting held 8 September 2009

Attachment 1

Minutes of the Community Services Committee held 8 September 2009

 

Present

 

Cr Paula Flack (Chairperson), Cr Anne Smyth, Ms Glenys Munro, Ms Mari Webb, Mr Glenn Robinson, Ms Angie Evans, Ms Coral Hutchinson, Ms Julie Heffernan (Centrelink), Ms Denise Olsen, and Mr Paul Sekfy.

 

 

Apologies

 

Ms Vicki Fernance, Ms Suzanne Homes, Ms Gillian Howie, Mr Peter Howard, Ms Kelly Edwards, Ms Kerrie Bowtell, Ms Patricia Walker, Ms Jenny Zirkler

 

 

Declarations of Pecuniary Interest/Disclosure of Interest

 

None declared

 

 

Minutes of Previous Meeting ? 7 July 2009

 

RECOMMENDATION: That on the motion of Cr Smyth, seconded Glenn Robinson the minutes from the previous meeting held 7 July 2009 be accepted, noting that Council has already adopted the minutes. Carried.

 

 

Business Arising from the Minutes

 

1??????? RUMOUR OF MOTOR RAIL BETWEEN COFFS HARBOUR AND THE NAMBUCCA

 

The Committee noted that when the July CSC minutes were presented to Council, the comment regarding a motor rail was noted by Councillors and there was a subsequent resolution that Council write to Coffs Harbour City Council to enquire. A letter was sent 14 August. No response received as yet. Glenn Robinson advised that this was more than a rumour and that a Coffs Harbour businessman had been looking into how to establish this as a service, including how to access the rail infrastructure.

 

2??????? SCOTTS HEAD MASTERPLAN

 

Correction regarding Item 9 ? ?Once the item comes out in Council?s Business Paper, then submissions are made public?; Cr Flack was in fact referring to Council?s processes for dealing with submissions. In this case the Department of Planning are managing the submissions and won?t be releasing them, only a summary will be made public.

 

Note: Angie Evans arrived during this item when the time was 2.15 pm.


Correspondence ? Nil

 

 

General Business

 

3??????? FORUM ON THE AGEING POPULATION HELD 10 FEBRUARY 2009

 

A record of discussion was circulated for the Committee?s information.

 

At the July meeting members agreed that they would undertake independent research in their own particular fields which might assist Council in developing future social strategies.

 

Glenys Munro reported on the number of residential aged care facilities currently being constructed. There are a number of new CACP?s etc which have been released recently. These will both have an impact on the need for residential aged care in that it may not be as big a need as previously thought.

 

Cr Smyth reported on the Hepburn Council Positive Ageing Strategy which can be found at

www.hepburnshire.com.au

 

 

4??????? REVIEW OF NAMBUCCA SHIRE SOCIAL PLAN 2004-2009 AND THE WAY FORWARD

 

In introducing this item, Cr Flack reported that a small Councillor working party (comprising Crs Smyth, South and Court) has been meeting to discuss the 20-year Strategic Plan and to start to draft some broader concepts and strategies which are more overarching and big picture, noting that the detail will be developed in the 4 and 1?year plans.

 

The Committee also noted the following information:

 

??????????? Council?s 2004-09 Social and Community Plan is coming to its conclusion.

??????????? In October 2008 the Community Services Committee recommended to Council that it allocate adequate resources to ensure a thorough review of the Social and Community Plan.

??????????? There were no additional resources allocated and further, Council resolved on 7 May 2009 to advise the Department of Local Government that it was planning to only review the Social Plan so that it may invest its resources in the new integrated plan and reporting program.

??????????? Using existing resources (Council staff resources and community forums and networks), the 2004 Social Plan has been gradually been reviewed and a draft document is presented to the Committee for its information. The 2004 Plan contained 97 different issues, some of which overlapped or duplicated others, and many were impossible to measure therefore the document will reflect some of the more recent and obvious outcomes.

??????????? At this point in time, local government is between the new integrated planning framework but still under the old Social and Community Planning legislation.

??????????? It is expected that the legislation governing the new process will be introduced later in 2009.

??????????? The new legislation requires the development of an overarching Community Strategic Plan (for 10 years +); a 4-year Delivery Program; and a 1-year Operational Plan.

??????????? Nambucca Shire Council has indicated it wishes to be considered in Group 3 councils: Community Strategic Plan adopted by 31 March 2012 and Delivery Program by 30 June 2012.

??????????? Nambucca Shire Council commenced working towards these deadlines in 2008 and so far has set a range of 20-Year Targets, together with a range of 4-year Strategies.

??????????? The document contains an outline of those targets, strategies and actions relating to human and social services. These will assist Council and the community to maintain a social planning framework during the transition from a stand-alone Social Plan to integrated planning for the community.

 

The Committee reviewed the document ? ?Social Plan: 2004-2009 Plan Review, Social Strategies for 2009-2014 and towards the new 20-year Community Strategic Plan? which had been previously circulated, and made amendments, additions or corrections where needed.

 

Note: Denise Olsen left during this item when the time was 3.30 pm.

 

Note: The document will be presented to Council by the Manager Community and Cultural Services with a view to submitting it to the Department of Local Government with the annual reports.

 

5??????? AREA ASSISTANCE SCHEME REVIEW AND NEW FUNDING PROGRAM

 

??????????? The changes to the Scheme were noted.

??????????? The committee noted an information session will be held by the Department of Community Service at Nambucca Shire Council on Tuesday 29 September 2009 at 3pm.

??????????? Sessions are also planned for other LGAs.

 

6??????? MEMBER?S REPORTS

 

Nambucca Valley Community Services Council Incorporated

 

Glenys Munro reported that the NVCSC Inc has been negotiating with Council re a permanent site for Men?s Shed. Donnelly-Welsh playing fields has been agree upon for further investigation.

 

Education

 

Angie Evans followed on from her discussion under Item 4 regarding education funding. All Schools in the Nambucca Shire have received Building the Education Revolution Funding which will improve school infrastructure with an additional requirement that works have a community facility component, eg Scotts Head Primary School are constructing a library and Medlow a hall.

6??????? MEMBER?S REPORTS continued

 

National Partnerships Funding is also benefiting schools (not Scotts Head Primary) to more properly support professional development and quality teaching initiatives for teachers plus additional literacy and numeracy funding. Eligible schools will be receiving funding at a per student rate ($800 per Primary School student and $1,000 per High School student). Commences 2010 and will result in significant funding for education resources in the Nambucca Shire.

 

With these levels of funding, Council should be aware of the impact on the community, so how do we link in? Suggested that one option may be a presentation to General Purpose Committee at Council, Principals meeting soon to plan for a way forward ? could meet with Council after that. Angie Evans to liaise with Council?s General Manager.

 

Nambucca Valley Neigbourhood Centre

 

Paul Sekfy reported on the free legal advice service coming to Bowraville and Macksville.

Women?s Way ? another trivia night coming up.

 

Regional Development Australia

 

Paul Sekfy has been appointed Chair of Regional Development Australia MNC ? will be recruiting for an executive officer early in 2010. The one-stop shop for the region for accessing federal, state and local government activities. First meeting next week.

 

 

Next Meeting

 

The next meeting will be held on Tuesday 10 November at 2.00 pm in the Committee Room at the Council Administration Centre

 

 

Closure

 

There being no further business, the meeting was declared closed at 3.50 pm

 

 

 

 

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

 

CR PAULA FLACK

CHAIRPERSON

 

?


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.6??? SF283????????????? 031209???????? Report on Minutes of the Access Committee held 24 November 2009

 

AUTHOR/ENQUIRIES:???? Patricia Walker, Aboriginal Community Development Officer ????????

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee Meeting held on 24 November 2009 are attached.

 

The minutes contain one recommendation for Council's consideration which is reproduced as follows:

 

That on the motion of Cr Smyth and seconded by Alba Sky the Access Committee requests to be involved in further discussions regarding access and traffic issues at and around Bellwood.

 

 

 

Recommendation:

 

That Council note the minutes from the Access Committee meeting of 24 November 2009.

 

 

OPTIONS:

 

1????????? Endorse the minutes and the recommendations

2????????? Not endorse the minutes

3????????? Endorse the minutes with amendments

4????????? Manex comment

 

 

DISCUSSION:

 

The members of the Access Committee consider the Bellwood area to be an issue because of the recent construction activities within the area.

 

Members would like the opportunity to have an input into the access and traffic issues at the earliest possible stage.

 

 

CONSULTATION:

 

Director Environment and Planning\

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil


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:

1View

30288/2009 - Minutes of Access Committee Meeting held 24 November 2009

 

??


Ordinary Council Meeting - 3 December 2009

Report on Minutes of the Access Committee held 24 November 2009

Attachment 1

Minutes of Access Committee Meeting held 24 November 2009

 

Present

 

Peter Shales (Chairperson), Cr Anne Smyth, Margaret Hutchinson, Shirley Holmes, Alba Sky, Patricia Walker, Les Small, Matthew Sullivan.

 

 

Apologies

 

Glenys Maher, Keith Davis, Coral Hutchinson, Ruth Hannagan, Bruce Redman

 

Declarations of Pecuniary Interest ? None Declared

 

 

Previous minutes read and declared accurate:

 

MOVED Cr Smyth, seconded by Shirley Holmes. Carried.

 

 

Correspondence

 

IN?????????? Nil

 

OUT?????? Nil

 

 

General Business

 

1?????????????? PAMP Report

 

Cr Smyth requested that the item be referred until report comes back from GHD.

 

Moved:?????????? Shirely Holmes

Seconded:???? Cr Smyth

 

2?????????????? Access issues in and around Bellwood and Marshall Way

 

Recommendation:

 

That on the motion of Cr Smyth and seconded by Alba Sky the Access Committee request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

Carried by all members present.

 

3?????????????? Code of Conduct

 

Cr Smyth requested item be deferred to next meeting.

Moved: ??????????????? Cr Smyth?????????????????????? Seconded:???????? Shirley Holmes


Business Arising

 

4?????????????? Mid North Coast Area Disability Advisory Committee

 

Reminder that the Area Disability Committee meeting to be held at Nambucca Shire Council on Thursday 10 December 2009.

 

5????????????? Members Reports

 

Les Small and Matthew Sullivan tabled The Bank & Yhurtz report (photos included) in regards to Adam Lane and Adam Street.

 

Alba explained each photo. Members were immediately concerned about photo 20 (water meter). The Children's Crossing sign lying on side of Adam Lane, to be reinstated. Both issues Alba was advised talk to counter staff who will then put in system so they can be addressed.

 

Shirley requested members to give Matthew and Les a round of applause for the work on the report.

 

 

Late Business

 

6????????????? Council Chambers podium

 

A discussion took place about whether podium was an access or OH&S issue, members agreed that a portable ramp is inappropriate considering the ramp would have to come out 8 metres for the gradient to be suitable for wheelchair access.

 

Members agreed that Council may consider LED lighting on the step up to podium.

 

 

Next Meeting ? Tuesday 23 February 2010

 

 

Meeting Concluded

 

There being no further business the meeting was declared closed 3:15 pm

 

 

 

?????????????..

PETER SHALES

CHAIRPERSON

 

?


Ordinary Council Meeting

3 December 2009

Director Environment & Planning's Report

ITEM 11.7??? SF276????????????? 031209???????? Report on the Minutes of the ACAC Committee Meeting held 17 November 2009

 

AUTHOR/ENQUIRIES:???? Patricia Walker, Aboriginal Community Development Officer ????????

 

Summary:

 

The minutes of the Nambucca Shire Council Aboriginal Community Advisory Committee Meeting held on 17 November 2009 are attached for Council consideration.

 

Directors Comment

 

The minutes contain several recommendations which are repeated below along with a comment on two of the recommendations.

 

1????????? The responsibility for matters to be listed on the Agenda is a shared one between all Committee members and Council staff. Where the respective LALC's have a matter which fits in with the Terms of Reference for the Committee they can put them forward at any time for inclusion in the next available meeting rather then waiting to be contacted.

 

2????????? The development of a Vegetation Management Plan or imposition of a Tree Preservation Order (TPO) is not a simple task and Council has been through this process several times now. With the implementation of a TPO, Council needs to be aware of the costs and resources that it must provide for a TPO to work effectively and efficiently.

 

1??????? That on the motion of Ms Jennie Rosser, seconded by Ms Louise Robinson, that the Aboriginal Community Development Officer is to contact the local Aboriginal Lands Councils so that relevant items can be placed on ACAC Agenda.

 

2??????? That on the motion of Ms Louise Robinson, seconded by Ms Jennie Rosser, and in consideration of the recent activities occurring at Bellwood, ACAC requests Council to consider a Tree Preservation Order.

 

3??????? That on the motion of Ms Jennie Rosser, seconded Mr Terry Marshall, Ms Eliza Williams be accepted as a member of ACAC.

 

 

Recommendation:

 

1????????? That all committee members be advised that any member may bring forward a matter for inclusion in a meeting agenda at any time

 

2????????? That Council determine if it wishes to prepare a Tree Preservation order for the shire as recommended by ACAC.

 

3????????? That the remaining recommendation in regard to membership be endorsed

 

 

OPTIONS:

 

Council could choose to adopt the above recommendations or not.

 

DISCUSSION:

 

The responsibility for matters to be listed on the Agenda is a shared one between all Committee members and Council staff. Where the respective LALC's have a matter which fits in with the Terms of Reference for the Committee they can put them forward at any time for inclusion in the next available meeting rather then waiting to be contacted.

Whilst the Aboriginal Community Development Officer may very well contact each of the LALC within the shire for matters to be listed for discussion, their relevance must be considered back against the Terms of Reference that Council has established for the Aboriginal Community Advisory Committee.

 

In accordance with Council's Code of Meeting Practice only those matters listed on the Agenda can be discussed.

 

The development of a Vegetation Management Plan or imposition of a Tree Preservation Order (TPO) is not a simple task and Council has been through this process several times now. The implementation of a TPO, does not necessarily resolve issues associated with the removal of trees. In many cases it creates a greater burden on Council and the appropriate resources need to be allocated to enforce or regulate Tree removal.

 

 

CONSULTATION:

 

Director Environment and Planning

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no Environmental Issues with this report. However the preparation of a Tree Preservation Order would need to consider the environmental impact and benefit.

 

Social

 

There are no social issues with this report

 

Economic

 

There are no economic issues with this report

 

Risk

 

There are no risks with this report

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

30298/2009 - Minutes of the ACAC Meeting held 17 November 2009

 

??


Ordinary Council Meeting - 3 December 2009

Report on the Minutes of the ACAC Committee Meeting held 17 November 2009

Attachment 1

Minutes of the ACAC Meeting held 17 November 2009

 

Present

 

Cr Paula Flack, Cathy Bula, Jennie Rosser, Barry Ford, Louise Robinson, Terry Marshall, Patricia Walker

 

 

Apologies

 

Coral Hutchinson, Michele Donovan.

 

 

Declaration of Pecuniary Interest ? none declared.

 

 

Minutes of Previous AGM ? 12 May 2009 ? Nil Business Arising

 

Recommendation:

 

On the motion of Ms Jennifer Rosser seconded by Louise Robinson that the minutes of the previous meeting 12 May 2009 be endorsed by Council.

 

Motion carried and accepted by all members present.

 

 

Correspondence - Nil

 

Ms Cathy Bula Chairperson welcomes everyone especially Cr Flack and Barry Ford (CEO Bowraville LALC). She asks that the Aims & Objectives of the ACAC, be read, members given a bit of time to refresh themselves of the aims and objectives.

 

 

General Business

 

1??????? Review of the Aboriginal Community Advisory Committee by Council

 

General Manager, Michael Coulter, advised members of the resolution by Council. It is proposed that the ACAC be rotated to Aboriginal organisations in the Valley. The idea is to meet before the organisations board meetings to discuss issues.

 

Michele Donovan, CEO Unkya LALC, is concerned that Unkya LALC office space too small. Michael proposed Unkya LALC board meeting at Council with the ACAC. Michele says that ACAC is a Council initiative and therefore should be held at Council.

 

General consensus is that the rotational exercise of the ACAC had been attempted before, with little interest. No quorum and no community representatives in that rotational phase.

Cr Flack, when she was elected to Council, initially the ACAC met separately and at various venues.

 

Another option is to invite ACAC members to LALC meetings. Which will, from Michaels point of view, save duplication and to stimulate more interest.

 

Recommendation:

 

On the motion of Ms Jennie Rosser, seconded by Ms Louise Robinson, that the Community Development Officer is to contact Local Aboriginal Lands Councils CEO's for placing relevant items on ACAC agenda. Attached to the agenda is a copy of the Council resolution.

 

Motion carried and accepted by all members present.

 

This would be a trial and the ACAC would be reviewed, again, in 2010.

 

The General Manager explained about the informal 'get together' with Mayor, Councillors, General Manager, Elders and members of the ACAC. This had been happening in previous years and the set up is to have a luncheon. Should schedule the 'get together' after the Christmas break.

 

General Manager leaves the meeting at this point, 11:15 am.

 

Members discussed;

 

??????????? An active agenda

??????????? posted on notice boards in communities.

??????????? Strategies for stimulating interest

??????????? Each CEO report back to members and vice versa to ACAC

??????????? Relevant issues to community

 

Members were asked if there were anymore discussion around the issue, members agree that the recommendation stands.

 

Mr Barry Ford was concerned about the amount of members. Cr Flack informed Mr Ford that the reason for having this large a membership was so that the quorum of 5 would be met at each meeting.

 

Cr Flack inquired about the communication protocols between Council and the Aboriginal community:

 

??????????? Working party

??????????? Feedback

??????????? Framework that is culturally appropriate

??????????? Re-invigorate the issue to generate interest

??????????? Finding out what other LGA's are doing in regards to communication protocols

 

Item to be place on next agenda.

 


2??????? Garden Partnership Program

 

Guest speaker, Eliza Williams Case Manager at Ngurrala, proposed a Garden Project, with Council permission.

 

The Garden Partnership Program is to create gardens that have local Aboriginal significance, mainly in Bowraville and Macksville. Sites that the program is looking at is the area near the Macksville Library and the pedestrian islands in Bowraville. The proposal intends to use current job seekers and train them to obtain certificates in horticulture by creating a program that is beneficial to the whole community. Ongoing maintenance will be the responsibility of the programs participants. The project is aimed at starting in 2010

 

The plan is to have partnerships with Council, Ngurrala, Bowraville Garden Society, Job Services Australia and Mitre 10.

 

Ngurrala provides:

 

??????????? Labour

??????????? Ongoing maintenance

??????????? Traditional medicine plants

??????????? OH&S equipment

??????????? Transport, supervisor to be qualified to drive bus

 

Ms Louise Robinson suggested that Ms Williams consider the section of land at Link Rd, that is partly owned by the Nambucca LALC, to create a traditional medicine and vegetable garden. There can be an MOU between Ngurrala and Nambucca LALC as to when employable positions become available, Nambucca LALC members/job seekers have first preference.

 

3??????? Walk of Fame

 

Members were given a PowerPoint presentation about the Walk of Fame that the Community Development Officer put together.

 

They were notified that the Grants Officer and Community Development Officer has applied for funding under the Sidney Myer Fund Small Grants. The total cost of the project is $17,950, application proposal is $12,500 and the rest is in kind donations.

 

ACAC members are supportive of the project and understand the social benefits from the project.

 

4??????? Members Report

 

Mr Barry Ford ? CEO Bowraville LALC

 

??????????? Residents complaining about replacing existing Lanes bridge structure.

??????????? BORS project, just waiting to see if Council gets $$$.

 

Cr Flack

 

??????????? Communication protocols ? consider working on this

 


Ms Louise Robinson ? CEO Nambucca LALC

 

Section 3A development application plans to build 357 residential buildings at Alexander Dr in Bellwood. Ms Robinson informed ACAC that she was advised by the board to initiate contact with the Governor General down, Honourable Peter Garrett and media, including Indigenous Times.

 

Elders and LALC members requested that nothing be built there and compromise to be given on the issue. The submissions are with the Dept of Planning.

 

Council supports Nambucca LALC. The police consider the walkway, along roadway, too dangerous. Ms Robinson looking for support from ACAC members in the order of; attending the community meeting being held Monday 23 November 2009, 10:30 am at Muurrbay Aboriginal language & Cultural Centre.

 

Attending the forum are experts in the field so that there is a movement forward.

 

Issues ? 10 metre buffer zone and Aboriginal and Torres Strait Islander Act (stop work immediately)

 

Ms Robinson advised the ACAC members that Council's LEP on exhibition now had no consultation with the Elders. These sorts of non actions builds no trust and the history originates from a verbal agreement but now should be embedded in Council policy and in the 20 year NSC Structure Plan.

 

Also, considering the recent poisoning of trees in Bowra St and Parkes St, Nambucca, Council has no tree preservation order in their policies and this should be looked at by Council.? This Shire is one of the few who haven't got one in NSW.

 

Recommendation:

 

On the motion of Ms Louise Robinson and seconded by Ms Jennie Rosser; in consideration of the recent activities occurring at Bellwood, ACAC recommends Council consider a Tree Preservation Order.

 

Motion carried and accepted by all members present.

 

Jennie Rosser

 

Asked Eliza Williams if she would consider filling out a nomination form for the ACAC, just to be a member.

 

Recommendation:

 

On the motion of Ms Jennie Rosser, seconded by Terry Marshall, Eliza Williams be accepted as a member of the ACAC within her professional capacity.

 

Motion carried and accepted by all members present.

 


Ms Cathy Bula

 

New Careers for Aboriginal People (NCAP)

 

??????????? funded by NSW Training Services

??????????? Job Services Australia (JSA) ? have to update databases

??????????? have been retained for 2 years

??????????? Aboriginal Industry Coordinator ? Bazil (regional support for information on employment)

??????????? training for training services ? group of 8-10 people to start course for NCAP to apply for dollars.

 

Ms Bula thanked members for attending the meeting.

 

There being no further business, the meeting was declared closed at 12:35 pm.

 

 

 

 

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

CATHY BULA

CHAIRPERSON

??


Ordinary Council Meeting

3 December 2009

Director of Engineering Services Report

ITEM 12.1??? SF1031??????????? 031209???????? Backflow Prevention Policy

 

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

Council, as the local water authority has a responsibility to supply consumers with water that complies with the requirements of the Australian Drinking Water Guidelines.

 

One of the highest risks to water supply quality is contamination from pollutants that may be generated within a property serviced by the reticulated water supply.

 

The implementation of a Backflow Prevention Policy will assist Council in managing this risk and it is recommended that such a policy be adopted.

 

Problems can arise if there is a reduction in pressure in Councils main which can occur during a pipe breakage. The higher pressure within the property can cause siphoning from the property back to the main. The backflow device prevents this occurring. Examples of an unwanted event would be a hospital or veterinary clinic whereby chemicals, bacterial waste could be drawn back from a sink, or abbatoirs (blood and waste) and sewer pump stations (untreated effluent). Properties with a dual water supply which included recycled water can cause contamination of the water supply if a backflow device is not fitted.

 

A copy of the draft policy is attached for the information of Councillors.

 

 

 

Recommendation:

 

That Council:

 

1??????? Place the draft policy on public exhibition for a minimum period of 28 days.

 

2??????? Adopt the policy following completion of the exhibition period subject to there being no submissions warranting amendments to the policy document.

 

 

 

OPTIONS:

 

No alternative option is offered as a the implementation of a Backflow Prevention Policy is considered to be essential for Council to satisfy its responsibilities in operating a water supply system.

 

 

DISCUSSION:

 

Council recognises that the potential exists for the potable water supply to be contaminated by hazards that it may be exposed to.

 

Council, as the Water Authority has a duty of care to:

 

?????? ????? maintain the integrity and safety of the water supply,

?????? ????? protect public health;

?????? ????? reduce the risk of contamination of the water supply through any potential hazard including backflow and cross connection;

?????? ????? contain real or potential hazards from the activities of consumers within the boundaries of the consumers premises.

 

The State Government advocates that Councils improve their performance in managing their water supply and sewerage businesses and in this regard Councils have been strongly encouraged to prepare and implement a risked based Water Quality Management Plan.

 

Backflow prevention is considered to be a vital component of any plan to safeguard Council?s water supply from potential contamination and targets pollutants that may be generated within a property service by the reticulated water supply.

 

The introduction of the Policy is demonstration of Council?s commitment to managing risk and ensuring that the water it supplies complies with the requirements of the Australian Drinking Water Guidelines.

 

 

CONSULTATION:

 

Sydney Water Board

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The implementation of the policy will have no environmental impact.

 

Social

 

The implementation of the policy will better protect public health by reducing the risk of illness caused by drinking from a contaminated water supply.

 

Economic

 

The implementation of the policy may impose costs on some property owners that have installations that do not comply with current Plumbing Codes.? However the policy is based on a user pay approach whereby the cost of the appropriate backflow prevention device is in proportion to the risk the property poses to the water supply.

 

Risk

 

The implementation of the policy will assist Council in managing the risk of contamination of the water supply from pollutants that may be generated within a property service by the reticulated water supply

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current and future budgets.

 

Source of fund and any variance to working funds

 

No funding is required

 

 

 

Attachments:

1View

2551/2009 - Draft 2009 Backflow Prevention Containment Policy

 

??


Ordinary Council Meeting - 3 December 2009

Backflow Prevention Policy

Attachment 1

Draft 2009 Backflow Prevention Containment Policy

 

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

 

 

BACKFLOW PREVENTION CONTAINMENT POLICY

 

 

NOVEMBER 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council acknowledges the assistance of Sydney Water in the preparation of this document

 

 

 


Ordinary Council Meeting - 3 December 2009

Backflow Prevention Policy

Attachment 1

Draft 2009 Backflow Prevention Containment Policy

 

1??? Policy statement

Nambucca Shire Council, being the local Water Authority recognises that the potential exists for its potable water supply to be contaminated by hazards that it may be exposed to.

 

Council accepts that it has a duty of care to

????? maintain the integrity and safety of the water supply,

????? protect public health

????? reduce the risk of contamination of the water supply through any potential hazard including backflow and cross connection.

????? contain real or potential hazards from the activities of consumers within the boundaries of the consumers premises.

 

This policy permits Council to implement procedures to:

????? identify existing and potential hazards

????? compile a register of backflow prevention devices and a record of their ongoing inspection and maintenance

????? enforce landowners to install and maintain appropriate backflow prevention devices as required.

????? recoup costs incurred in ensuring that properties are compliant with the relevant codes and practices in relation to backflow prevention and cross connection

 

Accordingly all water services connected to Nambucca Shire Council?s water supplies must meet the requirements of the NSW Code of Practice for plumbing and drainage and Australian/New Zealand Standard for plumbing and drainage Part 1: Water services (AS/NZS 3500.1) so as to protect Nambucca Shire Council?s water supplies.

 

All customers with a connection to the water supply must install a backflow prevention containment device appropriate to the property?s hazard rating.? Property owners that have a high or medium hazard rated property must install a testable backflow prevention containment device at the property boundary for containment protection, appropriate to the property?s hazard rating. They must have the backflow prevention containment device tested annually.

 

In addition all new properties identified as having a low hazard rating must install a non-testable device, as a minimum. Where the water service is greater than 25mm, the owner must pay for the installation.

2??? Scope

The Backflow Prevention Containment Policy applies to all new and existing properties connected to Nambucca Shire Council?s water supply.? There are no local policy exemptions from the requirement to install and maintain backflow prevention devices.

 

3??? Objectives

The objectives of the policy are:

??? to protect the quality of Nambucca Shire Council?s potable water supply by minimising the risk of backflow contamination from connections to the supply system.

??? to specify when testable backflow prevention containment devices are required to protect the water supply from contamination from high or medium hazards flowing back through the property water service, metered standpipes, separate fire service or hydrants.

??? to set out Nambucca Shire Council?s requirements to install and test backflow prevention containment devices on properties rated as high and medium hazards.

??? to set out Nambucca Shire Council?s requirements to install non-testable backflow prevention containment devices on properties rated as a low hazard.

??? to identify backflow prevention containment requirements for customers with multiple water supplies including both drinking water and non-drinking water supplies.

??? to manage the procedure for new service connections, applications and plumbing permits to enable compliance by plumbers and landowners.

??? to ensure compliance and annual testing of backflow prevention devices in accordance with relevant plumbing codes and standards.

5??? Legislative context

The policy is based on the requirement for the Nambucca Shire Council to Comply with the Department of Water and Energy Best Practice Management Guidelines for Water Supply and Sewerage, ,the NSW Code of Practice for Plumbing and Drainage and Australian/New Zealand Standard 3500.1 (AS/NZS 3500.1).

 

Council?s authority to enforce the policy is derived through the NSW Local Government Act 1993, the Local Government (Water Service) Regulations 1999 and Local Government (Approvals) Regulations 1999 and

 


7??? Definitions

TERM

DEFINITION

Accredited backflow prevention plumber

A licensed plumber who has completed a TAFE NSW backflow prevention course

AS/NZS 2845

Australian/New Zealand Standard for water supply - Backflow prevention devices ? materials, design and performance requirements

AS/NZS 3500.1

Australian/New Zealand Standard for plumbing and drainage Part 1: Water services

Backflow prevention containment device (AS/NZS 3500.1)

A device to prevent the reverse flow of water from a potentially polluted source, into the drinking water supply system

Containment protection

The installation of a backflow prevention containment device on the water service(s) at the property boundary, to prevent backflow from within the property entering the main water supply

Cross connection

Any connection or arrangements between the drinking water supply system, connected to the water main or any fixture that may enable non-drinking water or other contamination to enter the drinking water supply system

Customer

The property owner

Decentralised waste water treatment system

A system that provides a privately owned non-drinking water supply

Double check valve (AS/NZS 3500.1)

A device to prevent backflow caused by backpressure, which has two independently operating force loaded non-return valves and incorporates specific test points for in-service testing

High hazard rating (AS/NZS 3500.1)

Any condition, device, or practice, which in connection with the water supply system, has the potential to cause death

Medium hazard rating (AS/NZS 3500.1)

Any condition, device, or practice, which in connection with the water supply system, could endanger health

Low hazard rating (AS/NZS 3500.1)

Any condition, device, or practice, which in connection with the water supply system, is a nuisance but does not endanger health or cause injury

Individual protection

Installing a backflow prevention device at the point where the water pipes connect to a fixture or appliance

Licensed plumber

A plumber with a license issued by the NSW Office of Fair Trading

Mixed development

A property with both commercial and residential classifications on-site

New properties

Any new or existing property, undergoing construction or redevelopment that must submit a development application

Reduced pressure zone device (AS/NZS 3500.1)

A device to prevent backflow caused by back siphonage or backpressure in a water reticulation system that incorporates two independently operating force loaded non-return valves. These automatically drain to waste whenever the pressure in the system (between the upstream and downstream non-return valves) drops to less than 14 kPa below the pressure at the inlet to the upstream non-return valve

Registered air gap (AS/NZS 3500.1)

Air gap for a water supply system is specifically defined as the unobstructed vertical distance through the free atmosphere between the lowest opening of a water service pipe (or fixed outlet) supplying water to a fixture or receptacle and the highest possible water level of that fixture or receptacle

Registered break tank (AS/NZS 3500.1)

A tank system specifically designed for backflow prevention registered by, or on behalf of a regulatory authority, for inspection and maintenance

Water supplies

Drinking and/or recycled water

Zone protection

Installing a backflow prevention device at the connection point of specified sections of a plumbing system within a building or facility


Ordinary Council Meeting - 3 December 2009

Backflow Prevention Policy

Attachment 1

Draft 2009 Backflow Prevention Containment Policy

 

 

 

 

 

 

8??? Installation requirements

 

????? A backflow prevention containment device must be installed on all properties as defined in AS/NZS 3500.1.

????? All backflow prevention containment devices must be installed following the requirements of AS/NZS 3500.1 and The NSW Code of Practice Plumbing and Drainage.

????? A testable backflow prevention containment device must be installed on the water service of properties identified as a medium or high hazard.

????? Where hazards are unknown for a commercial, industrial or mixed development, the hazard rating will default to high, requiring the owner to install a testable backflow prevention device.

????? Owners of properties identified as low hazard must install a non-testable backflow prevention containment device. For properties served by a water meter larger than 25 mm, a non testable dual check valve must be installed at the owner?s expense.

 

Note: Nambucca Shire Council proactively addresses potential low hazard properties by installing either a 20 or 25 mm water meter that incorporates an integrated dual check valve as part of its Water ????? Meter Renewals Program and for new connections and residents with this type of water service ?? are not required to take any action.

 

????? The type of backflow prevention containment device installed is based on the on-site process hazard rating and or the type of water supply present.

????? Where multiple processes occur on a site, the hazard rating will be based on the process with the highest rating, eg if two medium risk and one high risk processes occur on-site the rating for the site will be high.

????? Properties that have both drinking and non-drinking water supplies must have an appropriate level of backflow prevention containment installed. Drinking and non-drinking services must not be interconnected. The device installed must be the same on both the drinking and non-drinking services. These properties include mixed developments and areas serviced by a decentralised wastewater treatment system.

????? Owners of properties with high hazard ratings must install a registered break tank, reduced pressure zone device or registered air gap.

????? Owners of properties with a medium hazard rating must install a testable double check valve assembly as a minimum.

????? Metered standpipes connected to Nambucca Shire Council?s water supplies must have a testable double check valve incorporated to the design of the standpipe.

????? Owners of properties with separate hydrant and sprinkler fire services must install a testable double check detector assembly. The device must be installed close to where the water service crosses the property boundary, upstream of any booster assembly on, or off-take from, the fire service.

????? Owners of properties with window or wall drencher sprinkler systems must install a low hazard non-testable device.

 

 

????? All property owners required to fit a backflow prevention containment device to the water supply must do so on the outlet side of the master water meter(s) supplying the property.? In cases where there is no master water meter(s), the containment device shall be installed on the water supply where it enters the property boundary. No connection may bypass the backflow prevention containment device

 

9??? Operating principles

 

Council

 

??? Nambucca Shire Council will maintain a register of installed testable containment devices and annual test reports. They will audit a sample of installations to ensure ongoing compliance with AS/NZS 3500.1.

??? If Nambucca Shire Council issues a notice that a backflow prevention containment device does not comply with AS/NZS 3500.1 the property owner must repair, maintain, test, replace or install the backflow prevention containment device (as specified in the notice), within the timeframe given.

??? Nambucca Shire Council as an authority identified in the NSW Code of Practice for Plumbing and Drainage reserves the right to take action against the licensed plumber for any installation that does not meet AS/NZS 3500.1.

 

Property Owner

??? The property owner is responsible for their property complying with the Backflow Prevention Containment Policy.

??? The property owner must ensure all backflow prevention containment devices installed comply with the Backflow Prevention Containment Policy. This includes, but is not limited to, installation, maintenance and annual testing.

??? If the property owner fails to install, repair, maintain, replace or test a backflow prevention containment device (as required by a notice issued by Nambucca Shire Council), Nambucca Shire Council may disconnect a non residential property, or restrict a residential property or mixed development from the water supply system until the property owner has complied with the notice. This is to prevent the property contaminating the water supply.

??? If the process at the property has changed and the hazard rating is reduced, the property owner must have an accredited backflow prevention plumber certify the change in hazard rating and inform Nambucca Shire Council. Nambucca Shire Council may conduct a site audit to verify the new hazard rating.

 

 

 

 

10? Compliance and reporting requirements

Council

????? Council shall determine the hazard rating of the property to which the backflow prevention device is to be fitted.

????? Existing, non-certified backflow prevention installations will be audited by Council for compliance with the current requirements of AS/NZS 3500.1 and The NSW Code of Practice Plumbing and Drainage Plumbing. Audits will be completed with the property owner were possible and written notice of any works required for compliance will be forwarded to the property owner.

 

Plumber

????? A licensed plumber shall submit a Section 68 application to Council for the installation, removal or modification of any backflow prevention device and pay all fees and charges applicable. Council approval shall be obtained prior to commencing work.

????? A licensed plumber must install all backflow prevention containment devices. Only a licensed plumber with backflow prevention accreditation may commission, and test these devices.

????? A licensed plumber must install and certify registered break tanks, and registered air gaps.

????? A licensed plumber must submit the Certificate of Compliance for the containment device installation for medium and high hazard rated properties. They must submit the Inspection Test and Maintenance Report to Nambucca Shire Council within two days of completing the work.

????? For low hazard properties, Nambucca Shire Council does not require the plumber to register the Certificate of Compliance.

 

Property Owner

????? Where existing, non-certified backflow prevention devices are audited by Council it is the property owner?s responsibility to ensure that all works required for the installation to be compliant are completed within 2 months of Council providing written notice of the required works.

????? The property owner is responsible for installing, maintaining and the annual testing (where applicable) of backflow prevention containment devices within their property in accordance with AS/NZS 3500.1.

Note: ?? The property owner is also responsible for providing zone and individual backflow protection from hazards within their property as specified in AS/NZS 3500.1.

 

????? The property owner is responsible for ensuring that a licensed plumber completes all works and that the plumber submits all Test and maintenance Reports to Council within the two days of completing the work

 

?


Ordinary Council Meeting

3 December 2009

Director of Engineering Services Report

ITEM 12.2??? PRF44????????????? 031209???????? Donnelly Welsh Playing Fields - Review of the Plan of Management

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

The decision to allow the Men's Shed organisation to establish at Donnelly Welsh Playing Fields requires an amendment to the Plan of Management (circularised).

 

Use of Community Land for such a purpose is permitted but must be expressly authorised in the Plan of Management.

 

A new Clause has been added and approval is sought for public exhibition.

 

 

Recommendation:

 

That Council place on public exhibition the revised Plan of Management of the Donnelly Welsh Playing Fields from 10 December 2009 for 28 Days with a further 14 days allowed for submissions to be received.

 

 

OPTIONS:

 

1??????? Revise as recommended.

2??????? Retain existing document and not permit the Men's Shed.

 

 

DISCUSSION:

 

Council has agreed to permit the Men's Shed to erect a new building on Donnelly Welsh Playing Fields, subject to an approved Development Application.

 

The organisation is proceeding with preparing plans etc to enable the application to be made.

 

The building will require a lease on Community Land so clarification has been sought on the process.? It is permitted under Clause 46 of the Local Government Act to grant a lease or licence for the purpose of physical, cultural, social and intellectual welfare or development of persons.? The Act further defines that purpose as including but not limited to maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres family day care centres, surf life saving clubs, restaurants or refreshment kiosks.

 

The provision of a Men's Shed meets this criteria, however, the above statement has to be reproduced in the Plan of Management before it can be applied.

 

Even though it takes six weeks to exhibit and receive comment on a revised Plan of Management, it is considered that this is the most appropriate way of permitting the Men's Shed to proceed.

 

The current Plan of Management has been amended by the inclusion of the following clause on page 20:

 

"A lease, licence or other estate in respect of this community land may be granted through this authorisation for the purpose of:

 

a)?????? The provision of goods, services and facilities and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to any of the following:


 

????????? i)??????? Public recreation

?????????????????? ii)?????? The physical, cultural, social and intellectual welfare or development of persons for these ??? purposes?maternity welfare centres, infant welfare centres, kindergartens, nurseries, child ??????? care centres, family day-care centres, surf life saving club, restaurants or refreshment kiosks, men's shed or similar activity".

 

 

CONSULTATION:

 

Property Officer

Department of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant change.

 

Social

 

The amendment allows a greater range of social use beyond sport.

 

Economic

 

Provides the opportunity for the lease of land and the associated income.

 

Risk

 

The public exhibition period is compulsory but may generate objections.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Advertising costs only.

 

Source of fund and any variance to working funds

 

No new funding sought.

 

Attachments:

1View

?- Circularised - Plan of Management of the Donnelly Welsh Playing Fields (28573/2009)

 

??


Ordinary Council Meeting - 3 December 2009

Donnelly Welsh Playing Fields - Review of the Plan of Management

Attachment 1

Circularised - Plan of Management of the Donnelly Welsh Playing Fields (28573/2009)

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Donnelly Welsh Playing Fields - Review of the Plan of Management

 

 

 

Circularised - Plan of Management of the Donnelly Welsh Playing Fields (28573/2009)

 

??Pages

 

?


Ordinary Council Meeting

3 December 2009

Director of Engineering Services Report

ITEM 12.3??? SF878????????????? 031209???????? Mid North Weight of Loads Group

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

The minutes of the last meeting of the Mid North Weight of Loads Group on the 2 November 2009 is presented for Council?s information.

 

The next meeting will be held in the Nambucca Shire Area on 1 March 2010 subject to Council?s approval.

 

 

Recommendation:

 

1??????? That Council note the minutes of the Mid North Weight of Loads Group on 2 November 2009.

 

2??????? That Council agree to host the 1 March 2010 Mid North Weight of Loads Group by providing the venue and assisting in arrangements.

 

 

OPTIONS:

 

?????????????? Note the minutes

?????????????? Raise issues relating to the minutes for a future meeting

?????????????? Host the 1 March 2010 meeting

?????????????? Not host the 1 March 2010 meeting

 

 

DISCUSSION:

 

The last meeting of the Mid North Weight of Loads Group was held on the 2 November 2009 at Uralla.

 

Council?s delegates are Cr Finlayson and myself but we were unable to attend due to other commitments and the distance involved.? Apologies were submitted.

 

The minutes have been received and are attached.

 

The meeting was partly the review of 2008/2009 and included the election of office bearers for the next twelve months.

 

Council has also received a request to host the next meeting on Monday 1 March 2010.? The Group meets the costs, Council only provides the venue and assists in the catering arrangements.? For example the last time held the meeting it was a the Destiny Motel, Nambucca Heads.

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A heavy vehicle is more efficient when operated at legal loads.

 


Social

 

The community expect that some controls be exercised over heavy vehicle operations.

 

 

Economic

 

Weight of Loads Group exists to minimise the damage to road infrastructure by overloaded heavy vehicles.

 

Risk

 

There will always be a minimum level of overloading.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No new costs.

 

Source of fund and any variance to working funds

 

No extra funding sought.

 

Attachments:

1View

29121/2009 - Request to hold next Meeting at NSC 1 March 2010

 

2View

29675/2009 - Minutes - 2 November 2009 - Mid North Weight of Loads Group

 

??


Ordinary Council Meeting - 3 December 2009

Mid North Weight of Loads Group

Attachment 1

Request to hold next Meeting at NSC 1 March 2010

 

?


Ordinary Council Meeting - 3 December 2009

Mid North Weight of Loads Group

Attachment 2

Minutes - 2 November 2009 - Mid North Weight of Loads Group

 






?


Ordinary Council Meeting

3 December 2009

Director of Engineering Services Report

ITEM 12.4??? SF992????????????? 031209???????? Report on Nambucca Emergency Operations Centre Committee Minutes - 4 November 2009

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

The Committee addressed the issue of priorities for building maintenance.

 

 

Recommendation:

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 4 November 2009.

 

 

 

OPTIONS:

 

No other options are required.

 

 

DISCUSSION:

 

The Committee discussed the agenda items as presented.? Each meeting addresses issues and progress within budgets.? A copy of the minutes of 4 November 2009 is attached.

 

 

CONSULTATION:

 

Members of the Nambucca Emergency Operations Centre Committee (NEOC)?Council, RFS and SES

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant impact.

 

Social

 

Committee aims to provide equity among facility users.

 

Economic

 

Council, as the landlord, is responsible for building and ground maintenance.

 

Risk

 

The meeting allows the user groups to come together and discuss matters of common interest and understand the office and storage needs of the RFS and SES.

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget provides $5,000 from Council funds for building maintenance at NEOC.

 

Source of fund and any variance to working funds

 

No additional funds from Council required.? The RFS have provided funding.? The SES has identified a 50% grant if Council wishes to apply.

 

 

 

Attachments:

1View

30031/2009 - Minutes - Nambucca Emergency Operations Centre Committee - 4 November 2009

 

?

?


Ordinary Council Meeting - 3 December 2009

Report on Nambucca Emergency Operations Centre Committee Minutes - 4 November 2009

Attachment 1

Minutes - Nambucca Emergency Operations Centre Committee - 4 November 2009

 

PRESENT

 

Cr John Ainsworth (Chairman)

Allen Luzuriaga (State Emergency Services)

Cr Michael Moran OAM (Council)

Bruce Redman (Director Engineering Services)

Richard Townend (State Emergency Services)

Dave Phillips (NSW Rural Fire Services)

Margaret McHugh (State Emergency Services)

Tony Jarrett (NSW Rural Fire Services)

 

 

APOLOGIES

 

NIL

 

 

 

SUBJECT:?? DISCLOSURE OF INTEREST

 

?There were no disclosures of interest.

 

 

SUBJECT:?? CONFIRMATION OF MINUTES ? 22 JULY 2009

 

7/09 Resolved:?? (Redman/Townend)

 

That the minutes of the Nambucca Emergency Operations Centre Committee of 22 July 2009 be confirmed.

 

 

 

 

 


???

Director Engineering Services Report

ITEM 8.1????? SF992??????????????? 041109????? Membership - Nambucca Emergency Operations Centre Committee

8/09 Resolved:?? (McHugh/Phillips)

 

That the appointment of Cr Ainsworth, Cr Moran OAM and Mr B Redman, Director Engineering Services (Council), Dave Phillips and Peter King (NSW Rural Fire Service), Richard Townend and Margaret McHugh (State Emergency Services) as members of the Nambucca Emergency Operations Centre Committee be noted.

 

 

 

 

 

ITEM 8.2????? SF992??????????????? 041109????? State Emergency Services Extensions

9/09 RESOLVED:?? (Townend/Redman)

 

1??????? That the plans as submitted not be adopted.

 

2??????? That the plans be prepared that show the extension of the SES operations on the eastern side into Training Room 2 for consideration at the next meeting.

 

 

 

 

 

ITEM 8.3????? SF992??????????????? 041109????? Rural Fire Services Extension

10/09 Resolved: (Phillips/Redman)

 

That Council seek quotations to undertake Stage II modifications to the Nambucca Emergency Operations Centre building, Kelly Close, Macksville and proceed with the work within budget.

 

 

 

 

 

ITEM 8.4????? SF992??????????????? 041109????? Occupation Health and Safety Inspections

11/09 Resolved: (Phillips/McHugh)

 

That the Nambucca Emergency Operations Centre Committee note the progress on addressing the identified hazards.

 

 

 

 

 

ITEM 8.5????? SF992??????????????? 041109????? Works Program

12/09 Resolved: (Moran/Phillips)

 

1??????? That the Nambucca Emergency Operations Centre note the progress of the Works Program.

2??????? That the NSW Rural Fire Service purchase 28 chairs for the training rooms.

3??????? That the State Emergency Services purchase 20 chairs for the kitchen.

 

 

 

 

 

ITEM 8.6????? SF992??????????????? 041109????? General Business - Progress on issues raised

13/09 Resolved: (Townend/Phillips)

 

1??????? That progress on the issues raised at meetings be noted.

 

 

GB14/09 - Mr Richard Townend - Vehicle Ramp (Ref SF992)

Can the closed vehicle ramp be removed?

 

 

GB15/09 - Mr Richard Townend - Garden Shed (Ref SF992)

Does the Council intend to replace the garden shed damaged in the recent wind?

Director Engineering Services advised, no.

 

 

 

??

 

GB16/09 ? Mr Richard Townend - Upgrade of the onsite sewerage system (Ref SF992)

The upgrading of the building should include the upgrading of the onsite sewerage system.

 

 

GB17/09 - Mr Richard Townend - Request for security fencing (Ref SF992)

Would like Council to look at providing security fencing around the site.

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on Wednesday 2 December 2009 at Nambucca Emergency Operations Centre, Kelly Close, Macksville commencing at 9.00 am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 12.00 pm.

 

Confirmed and signed by the Chairperson on 2 December 2009.

 

 

CR JOHN AINSWORTH

(CHAIRPERSON)

 

?


Ordinary Council Meeting

3 December 2009

Director of Engineering Services Report

ITEM 12.5??? SF768????????????? 031209???????? Congarinni North Road Bridge Maintenance

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

Tenders for the upgrading of the Congarinni North Road Bridge closed on the 21 September 2009.

 

Two Tenders were received.

 

One price is within the budget but is only part of the consideration.? Equally important is the life of the bridge and future costs.

 

It is not considered feasible to proceed on the basis that the extended life is still short, that a load limit is still required and that significant on-going funding is required in 5-10 years.

 

 

Recommendation:

 

1????????? That Council not proceed at this time with the upgrading of Congarinni North Road Bridge.

 

2????????? That Council not accept either Tender.

 

3????????? That consideration be given to the replacement of the bridge in the 2010/11 budget but if the funds are not available at that time that a timetable be established for the total closure of the Congarinni North road Bridge.

 

 

OPTIONS:

 

1????????? Not accept any Tender

2????????? Accept the Tender and accept the short life

3????????? Accept the Tender and Plan for Stage II expenditure

 

 

DISCUSSION:

 

Tenders that closed on the 21 September 2009 were called for the Replacement of Girders, Deck and Handrails on the Congarinni North Road Bridge.

 

Two Tenders were received as follows:

 

Civilbuild Pty Ltd????

QMC Group??????????

 

The work being tendered for includes:

 

1????????? The replacement of the corbels and girders on the first 3 spans with matching timber.

2????????? The replacement of the full length of deck with concrete units after removal of the existing timber deck.

3????????? The installation of guardrail for the full length after removal of the existing hand rails.

4????????? Patch repair any concrete sprawling on the headlocks.

 

This option retains the existing timber girders on 5 spans and does not include carrying out any work on the piles.

 

The testing carried out for Council in May 2007 identified a range of defects.? To return the bridge to full load capacity is uneconomical.? The aim is to provide a level of upgrade to match the limited life of the bridge.? A full upgrade is estimated at $1.25 million and the proposed option at $0.51 million (report to Council 19 February 2009).

 

This proposal does not include concrete encasement of the pile or repairs to any cracks that occur throughout the columns.? For this reason it is proposed to retain a load limit of 10 tonnes because of the foundations rather than the girders.? The concrete deck proposed is also heavier than the existing timber deck and a load allowance has to be made for this aspect.

 

I still have doubts about whether Council should proceed with the work for the following reasons:

 

1????????? A significant expenditure is required for a short life span.

 

2????????? Extending the life will require another + $500,000 to be spent on encasing the piles in 5 to 10 years. This will need to be done as the cracking in the piles is significant at a number of pier locations.

 

3????????? The testing indicated that spans 1, 2 and 3 had the lowest load capacity.? For that reason all the timber girders are to be replaced.? It has been assumed that the girders on the remaining 5 spans will be re-usable.? Experience tells you that once the old deck is removed some of the girders will have to be replaced as an extra to the contract.? If four of the twenty girders need replacing the some $20,000 extra cost will be incurred.

 

4????????? The placing of a precast concrete deck and guardrail will give the impression of a new bridge and this will make it difficult to explain the short life and load limit to residents.

 

In fact, the Tenderer Civilbuild consider it prudent to replace all the timber girders with the new deck.

 

The replacement of the girders in the 5 other spans will need to occur in the future as well, at say 10 years.? That will involve dismantling the concrete deck units, replacing the girders and refixing the deck units and guardrail.? That future cost will be another $200,000 to $300,000.

 

These factors are sufficient for me to recommend against proceeding with the remediation work.

 

 

CONSULTATION:

 

Reference made to test report by Integrity Testing.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No change.

 

Social

 

The residents north of the bridge see any reduction to access as unacceptable.

 

Economic

 

Heavy vehicles must continue to use the alternate route in all scenarios.

 


Risk

 

There is a risk that regular expenditure will be necessary to retain the bridge in a useable condition.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The lowest Contract price is $506,300 (ex GST).? It is projected that $500,000 extra will need to be spent in 5 to 10 years on the foundations by concrete encasing the piles.

 

Source of fund and any variance to working funds

 

The budget provided $510,000 for the work.? This covers the contract price and a very small contingency.

 

Attachments:

There are no attachments for this report. ????