NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

4 February 2010

 

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

 

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.

 

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.? 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.?

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the business paper provided the request is received before publication of the business paper and the subject of the address is disclosed and recorded on the agenda.

 

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 and Council?s website: www.nambucca.nsw.gov.au

 

 


NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting ? 0\4 February 2010

 

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 - 21 January 2010

5??????? Notices of Motion

5.1???? Minutes of Meeting of Clarence Regional Library Committee of Management - 13 November 2009 ?

6??????? DELEGATIONS?Motion to hear Delegations

7??????? ASKING OF QUESTIONS WITH NOTICE ??

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports

9.2???? Draft Local Development Contributions Guidelines

9.3???? Options to assist Schools with Learn to Swim Progam

9.4???? NSW Local Infrastructure Fund Application - Offer of an Interest Free Loan of $12.75 million for the Augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Station

9.5???? Country Towns Water Supply and Sewerage Program - Offer of $4.68 million for the Construction of the Nambucca Heads Sewerage Augmentation Scheme

10????? Director Environment and Planning Report

10.1?? Outstanding DAs greater than 12 months, applications where submissions received not determined to 11 January 2010

10.2?? DAs and CDCs Received and Determined under Delegated Authority 12-25 January 2010

10.3?? Macksville Industrial Estate Acoustic Report - Heggies

10.4?? Report on DA 2010/076 - Subdivision to create three (3) residential lots - Coronation Park

10.5?? Report on the Aboriginal Community Advisory Committee Minutes Meeting held 15 December 2009

11????? Director Engineering Services Report

11.1?? Traffic Management - Wallace Street, Macksville

11.2?? Changes in Weed Management ??

 

??


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

4 February 2010

Notice of Motion

ITEM 5.1????? SF1471??????????? 040210???????? Minutes of Meeting of Clarence Regional Library Committee of Management - 13 November 2009

 

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

 

Summary:

 

Attached for Council?s endorsement are the Minutes of the Clarence Regional Library Committee of Management meeting held on Friday 13 November 2009.?

 

 

 

Recommendation:

 

That Council endorse the Minutes of the Clarence Regional Library Committee of Management.

 

 

 

OPTIONS:

1??????? Endorse the Minutes and their recommendations

2??????? Not endorse the Minutes

3??????? Endorse the Minutes with amendments

 

 

DISCUSSION:

 

The Minutes are self-explanatory.?

 

 

CONSULTATION:

 

Manager Community and Cultural Services comments:? Council will note that the Officer?s recommendation regarding RFID technology has been deferred by the Committee to allow for further discussion and consultation on the issue.? .?

 

RFID is a Radio Frequency IDentification system and is the latest technology to be used in library theft detection.? It combines security with more efficient tracking of materials throughout the library.? Library members can self-return or self-borrow items, and inventorying, and materials handling are more streamlined.? RFID is a combination of radio-frequency-based and microchip technology.?

 

There is an initial cost to establish the RFID system and then an annual charge.? In addition all library materials would be microchipped/tagged.? The CRL Strategic Plan notes the costs as $423,235 (set-up) plus $45,405 per annum indexed.? One of the difficulties for the Library Committee is that if one library in the region wishes to introduce the system, then ALL Clarence Regional Library items would need to be tagged and therefore the three Councils would be contributing to the cost to establish the system even if it was not used in their libraries.? There also appears to be some concern about the timing ? the review of library operations and the future of the regional library structure as it currently stands is not yet complete; and CRL are currently undertaking a stock-take of items to determine if theft of library materials is significant (theft is one of the reasons some libraries install RFID).?

 

The cost of introducing RFID to Nambucca Shire libraries is $79,800 plus $8,300 per annum and at this stage there is no evidence to show there would be any savings.?

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental considerations.


 

Social

 

The Minutes do not identify any specific social considerations.

 

Economic

 

Nothing specific is identified for this financial year.

 

Risk

 

No risks identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no impact on Council?s current budget.? Any impact on future budgets will be determined by each member Council in the preparation of their budgets.?

 

Source of fund and any variance to working funds

There are no actions requiring additional financial commitment from Council in the current financial year.

 

 

 

Attachments:

1View

16/2010 - Minutes - 13 November 2009

 

??


Ordinary Council Meeting - 4 February 2010

Minutes of Meeting of Clarence Regional Library Committee of Management - 13 November 2009

 

MINUTES of the meeting of the CLARENCE REGIONAL LIBRARY ADVISORY COMMITTEE, 13 November 2009 at Clarence Regional Library Headquarters, Spring Street South Grafton.

 

 

PRESENT:?????????????????? Bellingen Shire Council

???????????????????????????? Cr Kerry Child

Sharon Uthmann (Bellingen Shire Librarian)

Peter Wilson? (Director Corporate Services)

 

????????????????????????????????????????????????????????

???????????????????????????? Nambucca Shire Council

???????????????????????????? Cr Anne Smyth

???????????????????????????? Cr Michael Moran

????????????????????????????

????????????????????????????

???????????????????????????? Clarence Valley Council

?????????????????? ????????? Cr Karen Toms

???????????????????????????? Cr Margaret McKenna

???????????????????????????? Anne D?Arcy (Executive Officer)

 

Also present were???????? Sally Walters (Regional Librarian)

Noelene Grace (Co-ordinator Libraries, Clarence Valley Council)

Katrina Shillam (Grafton Branch Librarian)???????????????????

 

1. APOLOGIES

 

Coral Hutchinson

 

2. DISCLOSURE OF CONFLICT OF INTEREST

 

Nil

 

3. CONFIRMATION OF MINUTES ? Meeting held 7 August 2009.

 

RESOLVED

 

????????? Uthmann/D?Arcy

 

That the minutes of the Clarence Regional Library meeting held on 7 August 2009 be accepted.

 

4. BUSINESS ARISING FROM THE MINUTES ? MEETING HELD 24 APRIL 2009.

 

Nil

 

5. CORRESPONDENCE

 

Nil

 


6. EXECUTIVE OFFICER?S REPORT NO. 04/09

 

 

6.1 Review of Service Model

 

REPORT SUMMARY

 

This report presented the conclusions of the review into current Library Service Model operating as the Clarence Regional Library and recommended a model for future operation.

 

OFFICER?S RECOMMENDATION

 

That the Modified Hybrid Model and associated conditions be adopted as soon as possible by the Clarence Regional Library Committee as the easiest to implement and most cost effective option investigated in the review of the service model options for the Clarence Regional Library.

 

COMMITTEE RECOMMENDATION

 

That the recommendation of the Service Model for the ongoing delivery of Library services currently known as the Clarence Regional Library be deferred until the next meeting following further investigation into the specific costs of RFID which is to be provided to the CRLC.

 

RESOLVED

 

Toms/Moran

 

 

6.2 Budget Estimates

 

REPORT SUMMARY

 

This report provided an estimate of the contribution by each member Council to the Clarence Regional Library budget for the 2010/11 financial year.

 

OFFICER?S RECOMMENDATION

 

That each member Council be advised of the estimated contribution equating a 10% increase in the per capita contribution to the Clarence Regional Library for inclusion in the preparation of their 2010/11 budgets with an amended figure to be provided as soon as population data is made available from Libraries NSW.

 

COMMITTEE RECOMMENDATION

 

That the Officer?s recommendations be adopted.

 

RESOLVED

 

Toms/Smythe

 

 


 

6.3 Volunteer Policy

 

REPORT SUMMARY

 

This report outlined the current status of Clarence Valley Council?s Volunteer Policy for consideration by the Clarence Regional Library Committee.

 

OFFICER?S RECOMMENDATION

 

That draft library specific guidelines are to be prepared to support more generic volunteer policies yet to be prepared by each member?s Council and be reported to the next meeting.

 

COMMITTEE RECOMMENDATION

 

That the Officer?s recommendations be adopted.

 

RESOLVED

 

Moran/Uthmann

 

6.4 Committee Member

 

REPORT SUMMARY

 

This report outlined the nomination of an additional Councillor to represent Clarence Valley Council on the Clarence Regional Library Committee to replace the member position currently held by the Executive Officer.

 

OFFICER?S RECOMMENDATION

That Councillor Margaret McKenna?s, Clarence Valley Council, membership of the Clarence Regional Library Committee (CRLC) be noted as the replacement for the Executive Officer.

 

COMMITTEE RECOMMENDATION

 

That the Officer?s recommendations be adopted.

 

RESOLVED

 

Toms/Smythe

 


7. REGIONAL LIBRARY REPORTS NO. 04/09

 

7.1 Collection Management

 

REPORT SUMMARY

 

This report provided a summary of the information that will need to be considered during the development of the Collection Management Plan.

 

OFFICER?S RECOMMENDATION

 

That the report be noted.

 

COMMITTEE RECOMMENDATION

 

1.?? That the report be noted

2.?? That Library professional trends and publishing industry information be provided to the meetings of the CRLC to enhance the knowledge of the delegates on matters concerning the delivery and development of library services.

 

RESOLVED

 

Toms/D?Arcy

 

7.2 ?RFID Project Plan

 

REPORT SUMMARY

 

This report outlined the draft project plan for the implementation of RFID across the Clarence Regional Library network.

 

OFFICER?S RECOMMENDATION

That the proposed project plan be noted and that consideration be given to the project plan during future budget deliberations.

 

COMMITTEE RECOMMENDATION

 

That the proposed project plan be noted and that consideration be given to the project plan during future budget deliberations.

 

RESOLVED

 

Smyth/Uthmann

 

8. ITEMS FOR DISCUSSION

 

Cr Smyth presented a copy of the Information Kit for Volunteers that is provided to all new volunteers for the Nambucca Shire, noting the information designed specifically for library volunteers.

 

9. ADDITIONAL MATTERS

 

Nil


 

10. NEXT MEETING:

 

????????? 5th February 2010 ? Bellingen

????????? 7th May ? Nambucca Heads

????????? 6th August ? Grafton

????????? 5 November - Bellingen

 

 

The meeting concluded at 1:00pm

 

 

THIS CONCLUDED THE BUSINESS

 

 

Anne D?Arcy

Executive Officer

Clarence Regional Library

 

Prepared by:??????? Sally Walters

Section:????? Regional Library

???? ?


Ordinary Council Meeting

4 February 2010

General Manager's Report

ITEM 9.1????? SF959????????????? 040210???????? 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.

Nambucca River Masterplan has identified possible users.

Medium priority.

 


 


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. Final report being prepared?Jason Cottages is high priority.

Completed priority of projects to be set in the 10/11 budget.

Catchment Assessment:

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

????? Under review by Council staff.

Final report assessed.? Maintenance recommendation included in works program.? Phase 2 analysis of pipeline from Bismark to Nambucca Streets authorised.

 

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 21 January 2010 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.

 

Low priority.

 


 

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.

Further request for written confirmation 4 December 2009.

The RTA has advised as follows: The RTA has inspected the site and undertaken a review of the speed limit in accordance with the 2009 NSW Speed Zoning guidelines.? Factors such as roadside development, road and traffic characteristics, number of access points and crash history were considered.

From this information the RTA has determined that the existing speed limit is commensurate with the criteria for a 60km/h speed limit.? Therefore, no adjustments will be made at this time.

 

 

8

DA2009/

049

5/03/09

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

 

 

See above

 

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 (David Campbell) on 3 December 2009.? No response as at 8 January 2010.? No response as at 25 January 2010.

 

 

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.

Response from Premiers Office 26/11/09 advising that it has been referred to other Ministers.

See Attachment (30416/2009).

 

Awaiting response from Minister Costa.

 

12

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

 

 

13

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

 

 

14

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.

GM attending to more urgent issues.? Will try to complete for 21 January meeting.? Proposals put to Council?s insurer and auditor re self insurance of plant and equipment.? To be reported to February GPC.

 

15

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. Under consideration by Regional and State offices

 

 

16

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.? See above

 

 

JULY 2009

 

17

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.

 

Matter discussed and will come back to Council with recommendation.

 

 

18

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.

 

Quotes being sought for fibre optic link to the Library.? Will report when quotes are in.

 

19

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.

 

20

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.

See report from Manager Civil Works

To be reported 18 February 2010

 

AUGUST 2009

21

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.

Follow up letter sent 12 January 2010.

22

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

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

23

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

24

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. Now for 21 January 2010 report.? Extension of time provided to community groups (Community Gardeners at Nambucca Heads) to lodge submissions.

To be issued to Councillors prior to report to Council on 18 February 2010

 

25

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.

SEPTEMBER 2009

26

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

27

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.

 

Deferred to GPC in February 2010.

28

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 is 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.

 

With Council?s decision on the new 2010-2012 Environmental Levy this matter will not be perused except if external funding opportunities arise.

 

29

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

30

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.

Follow up letter sent 12 January 2010.

31

SF1269

5/11/09

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

 

DEP

Enquiry to be made with ABS.

Collector Maps received but ABS yet to identify which collector areas of part of collector one define the Macksville urban area.

 

Report to come to GPC in February 2010.

 

32

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.

33

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.

34

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.

Response from Land & Property Management Authority ? 26 Nov 2009:

The beach is defined as a 'public place' in terms of the Local Government Act 1993.? Council has the power to regulate, influence and carry out activities on the beach by virtue of this definition.? Council has made the decision to provide the Life Saving Service, regulate bathing zones etc at Scotts head pursuant to such powers.

 

With the above in mind, Council's request that the Caravan Park users contribute to payment of Council's costs in providing the service is not considered fair or equitable.? Patrons using other forms of accommodation in the town, commercial or otherwise, benefit from the service without charge.? Also, many of the users of the Caravan Park are Nambucca Shire ratepayers.? The Reserve Trust is a non profit organisation ? revenues raised on the reserve remain on the reserve and are used to fund reserve maintenance, services and public improvements including attendant parking facilities, amenities and other services that are used by the public at large.? It should also be? noted that the Trust provides land for the Macksville Scotts Head surf Life Saving Clubhouse, which is leased at a heavily rebated 'peppercorn' rental.

 

35

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.

 

Advised that letter referred to RIC.

36

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. Hazard reduction costs will be significant. One completed at $5,000, another at $9,000.

The RFS have responded advising that the BRIMS System is based on individual land parcels and their preference is for specific sites to be advised fro inspection.? The broad approach would require the inspection of 136 properties in Valla Beach alone.

 

37

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.

38

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.

Reminder letter sent 14 January 2010

39

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.

40

SF624

19/11/09

Invite NRCMA to GPC re MOU/blueprint.

 

GM

Invitation issued 24/11/09

41

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.

42

PRF53

19/11/09

River Street Foreshore landscaping and development plan

 

DES

To be placed on public exhibition for 28 days at end of January 2010.

43

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.

 

DECEMBER 2009

44

SF62

3/12/09

That Council receive a report on options to assist with schools learn to swim programs

 

GM

Report to 21 January 2010.

45

SF276

3/12/09

That Council consider all submissions arising out of LEP exhibition re options for a TPO

 

DEP

All submissions are considered with report to Council for February GPC.

 

Report not likely to make February 2010 GPC now targeting March 2010 GPC.

46

SF1031

3/12/09

Report on practical and financial implications of backflow policy

 

DES

Report to Council 21 January 2010.

See Manager Civil Works' report.

47

SF968

17/12/09

NV Netball Assoc C'ttee of M'ment requesting the 2009 Minutes.

 

GM

Letter sent

48

SF21

17/12/09

That a report be presented to Council on the outcome of the Risk Management workshop and the Asset Safety Audit in relation to the Macksville Saleyards.

 

GM

Workshop being scheduled for March 2010

49

SF21

17/12/09

That a report be presented to Council on the possibility of connecting effluent from the Macksville Saleyards to the sewer mains system.

 

GM/DES

Anticipate report to Council on 21 January 2010

50

SF1226

17/12/09

That Council invite professional fishers to the next Estuary and Coastline Management Committee meeting to discuss issues they have regarding the Gordon Park boat ramp.

 

DEP

Invitation to be issued for meeting on Friday 12 February 2010.

51

SF674

17/12/09

That the Mayors and General Managers from Bellingen, Coffs Harbour and Nambucca Shire Councils form a delegation to the Minister as a matter of priority so as to make representations on the disposal of mixed waste (biomass).

 

That Coffs Harbour City Council and Bellingen Shire Council be requested to consider the creation of a separate entity for management of the solid waste services of the three Councils.

 

GM

Letter sent

 

 

 

 

 

 

 

Letter sent

 

52

SF587

17/12/09

That Council arrange an inspection of the Shannon Creek Dam.

 

DES

Scheduled for 1 February 2010

JANUARY 2010

53

SF1471

21/01/10

Flying Foxes ? Plan of Action;

Contact NPWS re its policy;

Contact CHCC re its management plan;

Write to Scientific Community;

 

DES

 

54

SF42

21/01/10

Anti-Graffiti Laws on Council?s website

GM

?Completed

 

55

SF408

21/01/10

Compulsory Acquisition of Lane ? letter to adjoining owner seeking comments

 

GM

Property officer advising adjoining owner.

 

56

SF674

21/01/10

Biomass ? Application to DECCW;

Advise CHCC/Biomass Solution/CHDECCW

 

GM

Application submitted to DECCW for vegetation capping layer to cell 1 submitted on 22/1/2010.? CHCC and Biomass advised.

57

LF2445

21/01/10

Service of Emergency Orders ? 11 Ridge Street ? Council write to ASIC and request matter be expedited

 

DEP

Worksite perimeter fencing checked and made good.? Letter to ASIC sent 28/01/2010.

58

PRF

21/01/10

EJ Biffin Playing Fields ? Review of Management Plan ? seek comments from Councillors

 

DES

 

59

SF84

21/01/10

RFS ? seek clarification on tanker, hazard reduction program, invite RFS to address Council

?

DES

 

 

60

SF1460

21/01/10

Special Rate Variation; seek and advertise

 

GM

Advertisements and media release issued on 26/1/2010.

61

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going

62

SF839

21/01/10

General Manager uphold resolution of 18/12/2008 that as a matter of policy Council be forwarded draft Plans of Management by way of memo at least three weeks before a GPC meeting so those comments can be considered after collation and prior to the next GPC meeting.? This also applies to draft policies.

 

GM

On-going

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

4 February 2010

General Manager's Report

ITEM 9.2????? SF544????????????? 040210???????? Draft Local Development Contributions Guidelines

 

AUTHOR/ENQUIRIES:???? Bruce Potts, Section 94 Co-ordinator ????????

 

Summary:

 

The New South Wales Government has released the Draft Local Development Contributions Guidelines for public comment until 26 February 2010.? These Guidelines will replace the previously issued Practice Notes dated July 2005 and December 2006 and are intended to provide instruction and assistance to Councils in the preparation of local development contribution plans required under the proposed Part 5B of the Environmental Planning and Assessment Act.

 

This Report provides information to Council regarding the key changes under the proposed Legislation, in the preparation and administration of developer contributions for local community infrastructure, previously referred to as Section 94 Contributions.

 

 

Recommendation:

 

That the Report on the Draft Local Development Contributions Guidelines be received and contents noted.

 

 

 

OPTIONS:

Council may object to the changes outlined in the Draft Guidelines by the closing date of 26 February 2010.

 

CONSULTATION:

 

The Department of Planning has released the Draft Guidelines for public consultation and will receive submissions up to the close of business 26 February 2010.

 

 

REPORT DETAIL:

 

Background

 

On the 25 June 2008 the Environmental Planning and Assessment Amendment Bill 2008 (The Bill) was assented in the Parliament of New South Wales.? The Bill was the subject of a previous Report to Council in 2008, principally detailing the key aspects of the new Part 5B.

 

As a prelude to the Bill?s Proclamation, the Department of Planning has prepared the Draft Local Development Contribution Guidelines and these have now been released for public comment until 26 February 2010.? The Guidelines have been prepared to assist Councils in understanding the issues and legislative framework of Part 5B of the Environmental Planning and Assessment Act 1979 (the Act) and its relationship to development contributions and the provision of public infrastructure.

 

Purpose of the Guidelines

 

The Guidelines have been provided to assist Councils in the preparation of planning agreements, direct contribution plans (previously referred to as s.94 plans) and indirect contributions plans (previously referred to as s.94A plans) under Part 5B.

 

Part 5B of the Act now clearly establishes the legislative provisions for the levying of development contributions by:

 

?????????????? Establishing a strategic framework for the Minister, Department, Councils and other planning authorities by setting out key considerations for determining, collecting and then spending contributions.

?????????????? Permitting Councils to take contributions for community infrastructure subject to new accounting requirements.

?????????????? Establishing a two tier system for local contributions whereby Councils may continue to levy for contributions on key community infrastructure without Ministerial approval, or where additional community infrastructure is required seek approval from the Minister through demonstrating a business plan and independent assessment of the proposed infrastructure.

?????????????? Prevents double dipping by allowing only one contribution type, either direct or indirect, but not both to operate over a particular development.

?????????????? Variation in the indirect contribution levy via Ministers approval.

?????????????? Improved reporting requirements on collection and expenditure of contributions.

?????????????? Retaining Councils role in control and management of contributions.

 

Preparation of Contribution Plans under Part 5B

 

Principle issues to be addressed when levying a developer contribution under Part 5B, and in the preparation of plans, are outlined in the Guidelines.? Amendments made to the former s.94 of the Act in 2005 and 2006 have laid much of the groundwork and legislative structure of Part 5B which contains significant changes in the terminology, reporting and administration of developer contribution plans in this State.

 

Among the list of changes to the former legislation, the most important to be addressed in terms of the effect they may have on a Councils authority to demand a contribution, with an attendant effect on Council cash flows, are outlined as follows:

 

a??????? Key Considerations to be Addressed in preparing contribution plans

 

As previously required under s.94 of the Act, Councils are directed under Part 5B (s.116D) to address key considerations for development contributions prior to introducing new development contributions plans or planning agreements. However, significantly, Councils will now be required to provide a response demonstrating that due regard has been paid to the considerations. This response is to be exhibited with the draft contribution plan or planning agreement.

 

b??????? Definition of Key Community Infrastructure

 

Community infrastructure for which contributions may be levied without Ministerial approval are defined under cl.31A(1) of the Environmental Planning and Assessment Regulation (the Regulation). These are generally facilities and infrastructure that have a clearly local function and can be directly linked to the contributing development, or may have a district significance that includes the local contributing catchment. The Guidelines define a local or district service catchment as ?being equal to or smaller than the local government area.? Types of infrastructure that have a service catchment extending beyond the local government area are not deemed key community infrastructure under the proposed Legislation. Notwithstanding this, Councils have an opportunity to levy contributions either through cross boundary contribution plans, or through Ministerial approval.

 

c??????? Definition of Non Compliant Infrastructure

 

Under the Legislation community infrastructure that does not comprise buildings or works, for example rescue equipment, books, computers, is not key community infrastructure unless it is deemed as being part of a necessary fit out associated with a built key community infrastructure, such as a library. With regard to provision of emergency services such as surf life saving, rural fire services and SES, contributions can only be levied for buildings and not for vehicles or equipment.

 


d??????? Status of Existing s.94 Contribution Plans

 

It has been indicated by the Department of Planning that existing contribution plans prepared under s.94 will be automatically repealed eighteen (18) months from the date of commencement of Part 5B. All current plans must, by that time, comply with the provisions of Part 5B. While no date for proclamation of the Act has been announced, it is considered likely to occur prior to June 30 this year.

 

e??????? Planning Agreements

 

The application of planning agreements between a Council and developer is no longer bound to being instigated by the developer as a voluntary planning agreement, thereby providing for greater flexibility in achieving tailored development and public benefit outcomes.

 

f???????? Recognition of Council Resources

 

A significant departure from the previous Legislation is the acknowledgement in the Guidelines of the resource burden the preparation and administration of contribution plans places on Councils and that staff employed in the planning, preparation and administration of contribution plans are recognised as key community infrastructure and can therefore be resourced through developer contributions.

 

 

CONCLUSION:

 

The impending Part 5B Legislation will require Council to amend the current Section 94 Developer Contribution Plans to reflect the changes, however the plans adopted after 2007 are likely to require only minor amendments to include the new reporting arrangements.? The current contribution plans prepared under s.94 of the Act are likely to remain in force for an eighteen month transitional period after the Part 5B legislation commences, however all new contribution plans prepared from now on should be developed to include all the requirements outlined in the Draft Guidelines to ensure future compliance.

 

 

SUSTAINABILITY ASSESSMENT:

 

Developer contribution plans form an important strategic planning tool for Council and as such provide longer term sustainability of infrastructure and facility delivery. It is unlikely that changes to the current Legislation will significantly impact on Councils capacity to deliver future community facilities and infrastructure required to meet increased demand.

 

 

FINANCIAL IMPLICATIONS:

 

Developer contributions represent a significant income stream for Council.? It is unlikely the proposed Part 5B changes to the legislation will affect a Council in terms of the capacity to impose a demand for a developer contribution.

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

4 February 2010

General Manager's Report

ITEM 9.3????? SF62??????????????? 040210???????? Options to assist Schools with Learn to Swim Progam

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

Council resolved to receive a report on options to assist with School Water Safety and Swim Programs (?Swim & Survive?) following a delegation to Council from local Parent & Citizen Associations (?P&C?s?) as a consequence of the recent price increase imposed by the pool Contractor.

 

Of the 6-7 Schools which normally utilise the pool for their Swim and Survive program two have completed the program already (Eungai Public School and Saint Patrick?s Primary).? The delegate for Macksville P&C advised Council that both Macksville Public School and Scotts Head Public School will not conduct their program as a consequence of the fee increase.? Bowraville P&C and Stuarts Point P&C have advised Council of their objections to the fee increase but have not confirmed their intention to conduct the program at the MMAC or otherwise.? Medlow School likewise has not booked nor advised of their withdrawal.

 

The current fee of $2.50 per session is set by the Contractor and was detailed in the Contractor?s Tender submission and accepted by Council.? This rate is $1.00 less than the standard child entry fee.? Further the rate is in keeping with fees charged for Swim & Survive programs by aquatic centres in Port Macquarie, Kempsey, Coffs Harbour and Sawtell.

 

Council subsidised Swim and Survive programs when the facility was managed by Council.? The Council subsidy equated to a 66% reduction in the standard entry fees.? The current pool Contractor has extended a 30% reduction in standard entry fees ie $2.50 per visit instead of $3.50 standard entry.? By way of contrast the Nambucca Indoor pool which is reportedly used by the Nambucca Schools for their Swim and Survive programs charges a concession rate of $3.20 per session.

 

Delegates to the 17 December 2009 meeting requested for Council to subsidise the Swim & Survive program.

 

To maintain the rate charged in previous years (based on estimated attendances for this year) the subsidy would amount to approximately $5,000.00.

 

 

Recommendation:

 

That Council write to the Parents & Citizens Association and Schools using the Macksville Memorial Aquatic Centre for Swim and Survive Programs to advise that Council endorses the new fee structure on the basis it is a fair and reasonable price and in keeping with the like facilities in the region.

 

 

OPTIONS:

 

1????????? That Council in recognition of the price increase from previous years and to assist families with students attending school Swim and Survive programs by rebating to the respective Schools 28% of the new fee structure as a one off subsidy for the 2009/2010 program, such rebate to be calculated on attendance records compiled by the Contractor.

 

2????????? Council can elect to rebate the total difference between the current and previous fees structure.

 

 

 

 


DISCUSSION:

 

The Swim & Survive program comprises learn to swim and water safety activities conducted by the respective Schools over ten days.? Each session runs for approximately 1 hour.? It is customary for the School groups to have free swim time including use of the waterslide at the end of the last days session. The Contractor advises that the use of the waterslide on these occasions is covered in the entry fees.

 

A survey of swimming pools in the surrounding area illustrates that the current entry charge is within the general market range.

 

Pool

Pool type

School entry

Normal Child Entry

Coffs Harbour Memorial

50m outdoor

$2.50

$3.00

Sawtell

25m outdoor heated

$2.50

$2.50

Kempsey

50m outdoor

$2.50

 

Bellingen

25m outdoor

$1.60

$1.90

Dorrigo

25m outdoor heated

$1.40

$1.90

Port Macquarie

50m outdoor heated

$2.50

$3.00

Nambucca Indoor

25m indoor heated

$3.20

$3.50

 

The Contractor advises that 6-7 Schools utilise the pool.? There are incomplete records detailing the number of participants from each school however the following summary is provided from information to hand:

 

School

Number of Participants

Record basis

Eungai Public School

49

Based on 2010 attendance

Saint Pat ricks Primary

66

Based on 2010 attendance

Macksville Public School

147

Based on 2009 attendance

Bowraville Public School

35

Based on 2009 attendance

Scotts Head Public School

44

Based on 2009 attendance

Medlow*

18

Estimated from attendance prior to 2009

Stuarts Point*

?

?

Total

359

 

 

*Council has received correspondence from Stuarts Point Public School opposing the fee increase however the Contractor advises that they have no record of this School having utilised the pool for Swim and Survive programs in the past.? Medlow Public School reportedly did not conduct the program last year however in previous years have had approximately 18 participants.

 

Based on the above the total number of students that would likely participate if all Schools conducted their program would be approximately 359.

 

The total admission fee for these students would equate to 359 X $2.50 X 10 sessions = $8,975.00.

 

Under the previous fee structure admission for 359 student would have been 359X$1.10X10 = $3,949.00 equating to a difference of approximately $5,000.00.? The Delegations to Council?s meeting 17 December were seeking a Council subsidy for the Swim & Survive programs in this amount, or in the alternative assurance that Council will retain control of such entry fees in future management contracts and in so doing ensure that the fees remain at a subsidised level.

 

It is recognised that the current fee is a significant increase from the unusually low rate of previous years. Whilst the current fee is considered fair and reasonable the increase may pose financial hardship to some families in the Shire.? On this basis one option is that the new fee structure be phased in over two years ie entry fee for Swim & Survive of $1.80 for 2009/2010 and $2.50 for 2010/2011.

?

Should Council pursue the above a subsidy of $2,513.00 (based on 359 participants) would be required.

 

As a number of Schools have already completed the Swim and Survive program the most equitable way to disperse the subsidy would be to rebate the Schools (or P&C Association) based on the record of attendance.? The rebate should be extend on the proviso it is used solely for future Swim and Survive programs.

 

 

CONSULTATION:

 

?????????????? Pool Contractor

?????????????? Managers of Public Pools Port Macquarie ? Coffs Harbour

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 

Social

 

It is likely that the recommendations will not satisfy the representative P&C?s.?

 

Economic

 

The operation of the swimming pool is a significantly costly venture.? Council already provides a substantial subsidy for its operation and management.

 

Risk

 

The recommendation does not present any significant risk to Council.?

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

To meet a subsidy from current budget allocations funds will need to be drawn away from the Pool maintenance budget.? Likewise funds for a pool risk audit were earmarked to benchmark the Contractors risk management performance.? Whilst it is not desirable to delay both the scheduled maintenance and risk management audits the day to day operation of the pool will not be significantly affected in the short term as a consequence.

 

Source of fund and any variance to working funds

 

The recommendation requires no variance to working funds required

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

4 February 2010

General Manager's Report

ITEM 9.4????? SF1391??????????? 040210???????? NSW Local Infrastructure Fund Application - Offer of an Interest Free Loan of $12.75 million for the Augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Station

 

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

 

Summary:

 

Council has received an offer of an interest free loan for $12.75 million for the augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Stations.

 

 

Recommendation:

 

1??????? That Council accept the offer from the NSW Local Infrastructure Fund of a $12.75 million interest free loan over a maximum period of ten years for the augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Stations.

 

2??????? That Council?s seal be affixed to loan documents as required.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION:

 

Council made application for an interest free loan of $17 million under the NSW Local Infrastructure Fund for the augmentation of the Nambucca Heads Sewage Treatment Plan and Pump Stations.

 

From 100 applications, the former Minister for Planning, the Hon Christina Keneally MP, has now approved 37 projects, including an offer to Nambucca Shire Council of $12.75 million as an interest free loan over a maximum period of ten years.? This amount is to cover the gap between the Country Towns Water Supply and Sewage Program funding and the Project cost.

 

On the basis of the media release from the Premier, the offer to Nambucca Shire Council represents the highest per capita offer to any Mid North Coast Council and again thanks must be directed to Council?s Grants Officer for this outstanding result in a very competitive process.?

 

The cost of borrowing money for such large infrastructure projects is currently about 8% and increasing so the offer stands to save Council in excess of $1 million in the first year alone.?

 

Council must now formally accept the loan and attach its common seal to the loan agreement.

 

 

CONSULTATION:

 

Council?s Accountant who is keen to receive the money and invest it as soon as possible.? Because the funds will be drawn down reasonably quickly to pay the contractor, they will be invested in term deposits with banks and other financial institutions approved by the Division of Local Government.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications to the environment.


 

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications, but a substantial reward for a good application.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

All good!

 

Source of fund and any variance to working funds

 

Any investment income will benefit working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

4 February 2010

General Manager's Report

ITEM 9.5????? SF1001??????????? 040210???????? Country Towns Water Supply and Sewerage Program - Offer of $4.68 million for the Construction of the Nambucca Heads Sewerage Augmentation Scheme

 

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

 

Summary:

 

Council has to formally accept an offer of funding under the Country Towns Water Supply and Sewerage Program for the construction of the Nambucca Heads Sewerage Augmentation Scheme.

 

 

Recommendation:

 

1??????? That Council accept the offer of $4,864,780 funding under the Country Towns Water Supply and Sewerage Program for the construction of the Nambucca Heads Sewerage Augmentation Scheme.

 

2??????? That Council?s seal be affixed to any agreement as required.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION:

 

Council has received an offer from the Minister for Water, the Hon Phillip Costa MP, under the Country Towns Water Supply and Sewerage Program for the construction of the Nambucca Heads Sewerage Augmentation Scheme.

 

The offer is for $4,684,780 being 25.5% of the assessed eligible cost of $18,371,685 (excluding GST).

 

Council needs to formally accept the offer and attach its seal to the funding agreement.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There is no risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget has already made provision for this financial contribution.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

4 February 2010

Director Environment & Planning's Report

ITEM 10.1??? SF1261??????????? 040210???????? Outstanding DAs greater than 12 months, applications where submissions received not determined to 11 January 2010

 

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

Draft Consent prepared

Awaiting approval of Masterplan from DoP. If Masterplan not approved application will be withdrawn

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2010/031

24/08/2009

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

See Council Resolution of 17 December 2009

 

2010/077

09/12/2009

Residential Dwelling & Garage

Lot 2 DP 1039034, Preston Drive, Macksville

? No objection to dwelling ? concern with side setback which may impact the entrance to a new estate planned

Approval pending further discussions with applicant about option to connect to Council's sewer instead of installing OSMS

2010/083

21/12/2009

Relocation of Business and Buildings, water tank, cool room, storage container, oyster farming infrastructure

Lot 3 DP 749153, 6040 Pacific Highway, Nambucca Heads

? Unsightly buildings, amenity issues, negative impact on business

Issues to be dealt with in the condition of consent.

Consent to be issued by mid-February.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

4 February 2010

Director Environment & Planning's Report

ITEM 10.2??? SF1261??????????? 040210???????? DAs and CDCs Received and Determined under Delegated Authority 12-25 January 2010

 

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
12-25 JANUARY 2010

 

DA Number

Application Date

Development

Address

2010/084

12/01/2010

Replace existing walkway and add a covered awning

Lot 7 DP 258202, 35 Wedgewood Drive, Macksville

2010/085

06/01/2010

Shed

Lot 9 DP 1019105, 1 Crispin Cove, Macksville

2010/086

12/01/2010

Alterations and Additions including shed at rear

Lot 6 Section E DP 17707, 12 Vernon Street, Scotts Head

2010/087

12/01/2010

Addition to Deck

Lot 6, Section D, DP 17707, 25 Mathew Street, Scotts Head

2010/088

15/01/2010

Patio, glass enclosure & deck

Lot 3, DP 834306, 8 John Avenue, Nambucca Heads

2010/089

 

 

 

2010/090

20/01/2010

Patio cover

Lot 6, DP 285990, 1/41 Old Coast Road, Nambucca Heads

2010/091

 

 

 

2010/092

21/01/2010

Erect a steel frame shed on concrete slab

Lot 9, Section C, DP 11590, Dudley Street , Macksville

 

 

 

 

 

 

 

 

2010/617

15/01/2009

Swimming Pool

Lot 3 DP 821906, 565 Lower Buckrabendinni Road, Buckrabendinni

2010/618

20/01/2010

Garage

Lot 21 DP 843257, 9 Buckrabendinni Road, Bowraville

 

 

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

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 12-25 JANUARY 2010

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/018/01

Lot 5 DP 828150, 487 Upper Warrell Creek Road, Congarinni

Rural Machinery Shed Modification

34,000

2010/060

Lot 213 DP 1022234, Margaret Street, Gumma

Rural-Residential Shed

12,000

2010/074

Lot 5 DP 1134592, 9 Sunbird Drive, Nambucca Heads

Dwelling-House

164,000

2010/070

Lot 2 DP 1088611, 6 Valley View Road, Talarm

Patio Cover & Carport

16,500

2010/035

Lot 11 Section B DP 6924, 41 Bellevue Drive, Macksville

Swimming Pool and Replace Existing Shed

8,500

2010/064

Lot? 2 DP 731255, 261 Congarinni Road South, Congarinni

Dwelling-House

103,000

2009/147

Lot 1 DP 575759, 4 Kosekai Road, Yarranbella

Relocate Dwelling-House

35,000

2010/076

Lot 90 DP 1099538, 74 Seaforth Drive, Valla Beach

Residential Dwelling-House

315,496

2001/099/02

Lot 1 DP 826738, 442 Williams Hill Road, Talarm

Dwelling-House Modification

52,500

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

4 February 2010

Director Environment & Planning's Report

ITEM 10.3??? SF1386??????????? 040210???????? Macksville Industrial Estate Acoustic Report - Heggies

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

 

Summary:

 

Heggies Pty Ltd was commissioned by Nambucca Shire Council to conduct an acoustical assessment on the Macksville Industrial Estate in response to noise complaints. The study took place in February 2009 and included three hot spots for noise complaints from activities in the Industrial Estate. The report found that in two of the hot spot areas noise from industry exceeded the Department of Environment and Climate Change (DECC) NSW Industrial Noise Policy guidelines. Various recommendations were put forward by Heggies and are included in this report.

 

The report was sent out to all residential, rural residential and industrial landowners whose properties are at the interface between the relevant zones inviting comment.

 

Several submissions were received which were referred to Heggies for consideration.

 

 

Recommendation:

 

1????????? That the report be noted.

 

2????????? That the recommendations from the Heggies report for new developments, be further considered in the review of Development Control Plan 5 ? Industrial Development.

 

3????????? That Council staff work with operators identified in the Heggies report in an attempt to further address and implement recommendations for noise attenuation.

 

4????????? That the recommendations from the Heggies report for future residential development near the Macksville Industrial Estate, be incorporated into future residential Development Application along the industrial/residential interface.

 

5????????? That the following wording be incorporated into all future Section 149 certificates for both residential, rural residential and industrial properties located along the interface between the relevant zones.

 

??????????? Council advises that this property is located along the interface between residential, rural-residential and industrial zoned land and as such, certain land uses are permissible within each of these zones that may at times provide conflict due to such land uses. There are various legislation that apply to such matters and compliance with such legislation may not necessarily be to the satisfaction of all landowners/occupiers.

 

6??????? That Council proceed to prepare a design for the staged construction of a sound barrier ????????? along the north eastern boundary of Lot 3 DP248561 as depicted within the Heggies report. Such barrier to be a combined earthen mound (stage 1) and timber panel on steel ? post fence (stage 2) with stage 2 only proceeding following a review of noise issues in this ?????? location and when funds become available.

 

OPTIONS:

 

There are various options available to Council however, the recommendations are considered the most appropriate at this time.


 

DISCUSSION:

 

Heggies Pty Ltd was commissioned by Nambucca Shire Council to conduct an acoustical assessment on the Macksville Industrial Estate in response to a number of noise complaints associated with industrial activities and the noise generated over the old timber Upper Warrell Creek overbridge and access road into the Macksville Industrial Estate.

 

The objectives of this assessment was to:

 

?????????????? To determine background noise levels in the area and operating noise levels of existing industrial activities at the site.

?????????????? To identify and recommend noise mitigation strategies/structures where necessary/feasible.

?????????????? To consider design options for future industrial developments at the site.

?????????????? Consider design standards for future residential developments in the affected residential areas and additional noise mitigation measures if required.

 

Three receptor areas, Northwood Close, Wallace Street and Laura Place were chosen for the study. The following is an account of the main noise sources.

 

Northwood Close

?????????????? Noise from Mid Coast Trucks including hammering, cutting, drilling, grinding, banging and dropping of steel objects.

?????????????? Trucks and semi-trailers arriving and leaving the industrial estate via Yarrawonga Street, Binalong Way and Upper Warrell Creek Road. This included air brakes, engine noise, load noise and road noise.

?????????????? Construction noise from the construction of the new concrete bridge on Upper Warrell Creek Road.

?????????????? Noise sources were generally noted between approximately 6:00 am and 5:00 pm.

 

Wallace Street

?????????????? Reverse beepers.

?????????????? Vehicle engine noise.

?????????????? Generator noise.

?????????????? Vibrating plate at AbiGroup.

?????????????? Hammering and grinding.

?????????????? Earthmoving equipment.

 

The above noise sources were predominantly stated to be from the AbiGroup area of the industrial estate and were generally noted to be occurring between approximately 6:00 am and 7:00 pm. however on several occasions noise sources were stated to be operating throughout the night.

 

Laura Place

?????????????? Industrial noise

?????????????? Distant road traffic

 

Noise monitoring was done between 9 February 2009 though to the 20 February 2009. It was found that existing noise emission levels from the Macksville Industrial estate exceed the criteria at all locations during the day, evening and night.

 

NOISE MITIGATION AND MANAGEMENT STRATEGIES

 

Development of an appropriate noise management strategy to reduce the noise impact of the Macksville Industrial Estate will involve the following steps:

 

?????????????? Determining the noise reduction required to achieve the project-specific noise levels at the nearest noise sensitive receivers.

?????????????? Identifying the specific characteristics of the industry and the site that would indicate a preference for specific mitigation measures.

?????????????? Examining the mitigation strategies chosen by similar industries on similar sites with similar requirements for noise reduction; and considering that strategy?s appropriateness for the subject development.

?????????????? Considering the range of noise-control measures available.

?????????????? Considering community preferences for particular strategies. This is especially important when the community has particular sensitivities to noise.

 

The preference ranking (from most preferred to least preferred) for noise mitigation strategies is as follows:

 

?????????????? Land-use controls - a long-term strategy preferable to other measures when such strategic decisions are possible in planning land use, as it separates noise-producing industries from sensitive areas and avoids more expensive short-term measures.

?????????????? Control at the source - Best Management Practice (BMP) and Best Available Technology Economically Achievable (BATEA). These strategies serve to reduce the noise output of the source so that the surrounding environment is protected against noise.

?????????????? Control in transmission - the next best strategy to controlling noise at the source?it serves to reduce the noise level at the receiver but not necessarily the environment surrounding the source.

?????????????? Receiver controls - the least-preferred option, as it protects only the internal environment of the receiver and not the external noise environment.

 

The DECC Industrial Noise Policy states that often the range of planning instruments which can be applied to existing sites is limited. For example Heggies notes that planning approaches and land-use controls are generally not available at this stage. Therefore operational and immediate cost-effective measures that can minimise noise with minimal impact on the noise source should be identified and implemented.

 

Each receptor site has a distinct issue and the recommendations for each area is as follows:

 

NORTHWOOD CLOSE

 

Noise levels at Northwood Close are dominated by industrial noise from Mid Coast Trucks at the south east of the industrial estate and vehicle movements along the access routes to the industrial estate. Noise sources at Mid Coast Trucks include angle grinding, banging of metal, welding and vehicle movements.

 

The industrial building of Mid Coast Trucks is orientated such that the open fa?ade is

facing towards the noise sensitive receivers on Northwood Close and, as such, minimal sound insulation is offered by the industrial building itself.

 

Noise levels here were significantly affected by construction activities taking place to the east of the property where the existing wooden bridge on Upper Warrell Creek Road has now been replaced. Road traffic noise, in particular from heavy vehicles entering the industrial estate, is also a significant noise source at properties on Northwood Close.

 

Recommended Noise Controls

 

Noise Control at Source

 

Heggies recommends that the most effective measure of reducing noise levels for residences along Northwood Close is to reduce source noise levels at Mid-Coast Trucks and along the access routes to the industrial estate.

 

Recommended strategies for reducing noise at the source would include the following:

 

?????????????? Restrict operations to daytime hours (i.e. between 7:00 am and 6:00 pm Monday to Saturday).

?????????????? Ensure noisy operations are carried out inside the industrial building and roller doors are kept closed.

?????????????? Scheduling of the use of noisy equipment to the least sensitive times of day.

?????????????? Eliminate the dropping of metal items on concrete surfaces.

?????????????? Ensure all equipment and machinery is appropriately maintained.

?????????????? Signage along Upper Warrell Creek Road and Yarrawonga Street for drivers to minimise noise and reduce air braking.

 

In order to reduce the impact of noise at the dwellings on Northwood Close a noise barrier could also be constructed along the north-eastern boundary of the properties as shown in Figure 1. In order to be effective, the fence should be at least 3.5m high. The fence should be of a solid timber, concrete or masonry construction and should be sealed at the base with no gaps or holes. Additionally, it is recommended that a noise barrier is constructed along the eastern boundaries of properties which face onto the access routes to the industrial estate.

 

Council was advised of estimated costs for such a noise barrier which are in the order of $28,000 - $35,000 (Timber palings on steel posts) and $90,000 - $110,000 (Hebel masonry panels with steel posts). It is possible to reduce the actual height of the fence by incorporating an earthen mound with the solid fenc above the mound. This combination of barrier would reduce the costs provided the mound was fill/spoil provided at no cost.

 

Proposed 3.5m high fence

 

 

Figure 1 Proposed Noise Barrier for Northwood Close

 

WALLACE STREET

 

The attended noise survey on 20 February 2009 and the noise complaints logbooks (from September and October 2008) identified industrial operations from the Abigroup site as being the dominant noise source for residences on Wallace Street.

Noise complaints relating to the Abigroup site identified the vibrating plate, reverse beepers, vehicle noise and hammering/grinding as the main sources of noise.

 

Recommended Noise Controls

 

Due to the topography between the residences and Macksville Industrial Estate noise barriers are not a realistic or feasible option for reducing noise levels from the Abigroup site. Therefore Heggies recommends that noise mitigation at the source is required.

 

Recommended noise controls at the source include the following:

 

?????????????? Enclosing the noise sources ? most plant on the Abigroup site are located outside and not within buildings or enclosures.

?????????????? Locate noisy equipment behind onsite structures that act as barriers.

?????????????? Restrict operations to daytime hours (i.e. between 7:00 am and 6:00 pm Monday to Saturday).

?????????????? Scheduling of the use of noisy equipment to the least sensitive times of day.

?????????????? Ensure all equipment and machinery is maintained.

?????????????? Regulate emissions from reversing alarms

 

Council is advised that a number of new management practices have been implemented at the Abigroup site since the report was completed and operations have not been continuous. One of the major issues that remains is the fact that the large shed over the beam manufacturing area is not enclosed leaving the eastern elevation open to residential properties along Wallace Street.

 

 

LAURA PLACE

 

During the operator attended noise monitoring there did not appear to be any operations taking place in the units closest to Laura Place and dominant noise sources were distant industrial noise sources from the industrial estate and distant road traffic noise.

 

Recommended Noise Controls

 

Before any new industry is granted planning permission to move into these units a detailed noise assessment should be undertaken to determine the likely impact on dwellings at Laura Place. Noise impacts from these units may be minimised with a noise wall along the southern boundary of the industrial estate.

Reduction in source noise levels on the industrial estate will serve to reduce the noise impact of distant industrial noise sources at Laura Place.

 

FUTURE INDUSTRIAL DEVELOPMENT

 

Future industrial developments should be assessed on a ?case by case? basis to ensure that any successive development at Macksville Industrial Estate does not adversely impact upon local residents. Conditions relating to noise should be included in the conditions of consent for new industries and prospective industries should be required to provide an acoustic report from a suitably qualified acoustic consultant to identify appropriate noise mitigation measures to meet acceptable noise criteria as well as the cumulative noise impacts.

 

A hierarchy of commonly adopted controls to reduce noise include (in order of decreasing effectiveness) the following:

 

1????????? Land-use controls. Separate high noise industries from noise sensitive receivers.

2????????? Operating hours should be restricted to the daytime period as defined by the DECC Industrial Noise Policy (i.e. between 7:00 am and 6:00 pm Monday to Saturday).

3????????? Selecting low noise plant and equipment incorporating available noise control kits. This should be among one of the first measures chosen to minimise noise impact. For example, exhaust and radiator silencers on mobile plant will generally result in a 5 dBA noise reduction of that piece of equipment.

4????????? Adding attenuators to exhaust and ventilation fans. As with silenced plant items, this should be one of the first management options to ensure that fan noise levels will be reduced by a predetermined margin and emissions will not exceed acceptable limits.

5????????? Providing acoustical enclosures and acoustical treatment of process buildings. This is a very effective solution. A reduction in the order of 10 dBA can be expected from a lightweight sheet metal enclosure. Ventilation openings and doors should be oriented away from noise sensitive receivers.

6????????? Orientation of buildings such that roller doors and openings face away from noise sensitive receivers.

7????????? Eliminating tonal, impulsive or intermittent noise emission characteristics. These characteristics are more likely to cause annoyance because the likelihood of complaints is less for a continuous broadband noise than one which is intermittent and/or tonal. Tonal components are often due to a fault in the machinery and may be eliminated by appropriate maintenance.

8????????? Regulating emissions from reversing alarms. ?Smart? alarms can be selected which limit the reversing signal to 10 dBA above the ambient noise level, thus reducing intrusiveness particularly at night. Alternatively, the use of ?broadband? reversing alarms which emit a broadband sound, instead of the single frequency sound of traditional reversing alarms, have been shown to reduce noise annoyance.

9????????? Provision of sound walls and acoustical screening. This option is generally effective when plant is operating at ground level in close proximity to the screen. Also, earth embankments can often be constructed. However, the use of bunding becomes less effective the further the noise source and the receiver are located from the bund.

10??????? Incorporating optimum buffer zones and setback distances. This is only of use where large distances are involved. In general, doubling the distance between the source and receiver will result in a 6 dBA reduction in noise level.

 

Council's current Development Control Plan 5 ? Industrial Development is under review and the recommendations from Heggies will be further considered for inclusion.

 

This may see the introduction of additional design controls for industrial buildings along the zoning interface requiring industrial buildings to have external walls of concrete tilt-up or masonry construction rather than steel clad walls. Requirement for R3.0 or greater insulation blankets under all steel roofing with no translucent sky light sheeting.

 

All external openings and placement of machinery along the interface would need to be shielded or enclosed. Any access doors or large openings would need to be designed/positioned to open away from the interface.

 

This form of construction whilst very common, is more expensive and does not result in an increased square metre lease return. This type of construction however, would more than likely overcome any additional noise mitigation requirements due to the use? or any subsequent change of use of the building.?

 

 

FUTURE RESIDENTIAL DEVELOPMENT

 

Any further proposed residential developments around Macksville Industrial Estate should be planned so as to minimise the impact of noise from industrial operations. Commonly adopted controls to reduce noise levels within residential dwellings include the following:

 

1????????? Building location, orientation and room layout. Noise sensitive areas of the building, such as bedrooms and other habitable rooms, should be placed on the side of the building furthest from the source of noise. Conversely rooms which are less sensitive to noise (laundries, storage rooms, corridors etc) should be placed on the noisy side of the building to act as a noise buffer. Gardens and outdoor recreation areas should be oriented to be on the quiet side of the building.

2????????? Minimise the number of doors and openable windows on the noisy side of the building.

3????????? Upgraded building constructions including masonry walls, double glazing and alternative methods of ventilation to allow cooling of property without the need to open windows.

 

Submissions received during public exhibition

Council received five submissions from the report. Four were from members of the community and one was from AbiGroup P/L. The points raised are as follows:

 

?????????????? AbiGroup was not operating at full capacity whilst the study was being conducted

?????????????? AbiGroups acoustic study found higher background levels than what Heggies P/L reported.

?????????????? Enforcing stricter building conditions as well as BASIX would deter some potential property buyers in some areas.

?????????????? Kit home companies may not consider building in proximity to the industrial area due to increased cost of noise mitigation constraints.

 

Three of the submissions did not relate to the current study but were about traffic noise, therefore it is noted, that there may be a need for a further noise study of vehicle movements on Warrell Creek Rd and into the industrial estate now that the new concrete bridge and roadworks have been completed.

 

 

Insert note on Section 149 Certificates

 

Council at its 21 January 2010 meeting when endorsing the recommendations for the 20 January 2010 General Purpose Committee sought the consideration of a note being inserted on Section 149 Certificates for residential properties adjoining the industrial area.

 

After considering this it is suggested that the following note be added to all S149 certificates for? residential, rural residential and industrial properties along the interface within the shire:

 

Council advises that this property is located along the interface between residential, rural-residential and industrial zoned land and as such, certain land uses are permissible within each of these zones that may at times provide conflict due to such land uses. There are various legislation that apply to such matters and compliance with such legislation may not necessarily be to the satisfaction of all landowners/occupiers.

 

 

CONSULTATION:

 

Heggies Pty Ltd

Director Environment and Planning

Manager Health and Building

All landowners along the interface of the residential, rural residential and industrial zoned land at Macksville Industrial area

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Noise is pollution and any noise mitigation measures will be advantageous to the immediate environment.

 

Social

 

Residents living around the industrial estate will have less stress levels brought on by disrupted sleep and resting patterns. The potential for increased residential harmony for future residential development will be maximised.

 

Economic

 

For economic development to go ahead in a sustainable way, noise mitigation measures must be taken into consideration.

 


Risk

 

The risk of doing nothing far outweighs any risk of lowered economic development in the area. The loss of residents can have a detrimental affect to the character of an area.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Hardstand noise mitigation measures will have an impact of future budgets, such as the noise wall to protect Northwood Close.

 

Source of fund and any variance to working funds

 

None identified.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

4 February 2010

Director Environment & Planning's Report

ITEM 10.4??? DA2010/076????? 040210???????? Report on DA 2010/076 - Subdivision to create three (3) residential lots - Coronation Park

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 

Summary:

 

Applicant:????????????????????? Nambucca Shire Council

 

Proposal:?????????????????????? DA 2010/073 ? Subdivision to create three (3) residential lots and 1 residual Community Lot (Coronations Park)

 

Property:??????????????????????? Lots 2 DP 864792, Short Street, Nambucca Heads

 

Zoning:????????????????????????? 2(a) Residential (Low-Medium Density) (Amendment No 42)

 

The subject land currently forms part of Coronation Park, which was rezoned 2(a) Residential and reclassified to operational land in accordance with LEP Amendment No 42.

 

The proposed development is to subdivide the subject land (Coronation Park), having an area of approximately 4.929ha into three (3) residential lots comprising areas of 450m2, 580m2, 717m2 and a residual lot of 4.765ha

 

The rezoning and reclassification has previously undergone the rigours of public exhibition and a public hearing to enable Council to reclassify, rezone, subdivide and sell the subject land.

 

The development application was advertised and notified to adjoining residents. As a result of this action, no submissions were received.

 

All proceeds from the sale of the land are intended to be used for improvements to Coronation Park.

 

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

 

 

Recommendation:

 

That Council determine DA 2010/073 for a four (4) lot (3 residential lots and 1 residual lot) subdivision by the granting of consent, subject to conditions attached to this report.

 

 

OPTIONS:

 

In accordance with Section 80 of the Environmental Planning and Assessment Act (EP&A Act) 1979 Council can determine the development application by:

 

a?????????? granting consent to the application, either unconditionally or subject to conditions, or

b?????????? refusing consent to the application.

 

 

BACKGROUND:

 

The subject land currently forms part of Coronation Park. The development area comprises approximately 1,640m2.

 

Council at its meeting on 21 May 2009 considered a report, prepared by the General Manager, dealing with a proposal to reclassify an unused portion of Coronation Park. Council resolved:

 

1????????? That Council proceed with draft Local Environmental Plan Amendment No. 42 to rezone the identified section of Coronation Park as Residential 2(a) ? Low/Medium Density and refer the draft Local Environmental Plan together with the findings of the Public Hearing to the Minister for Planning and/or the Minister for Local Government for final gazettal.

 

2????????? That Council provide a written undertaking to the Coronation Park Committee of Management that all proceeds from the sale of the land will be expended on agreed improvements to Coronation Park.

 

3????????? That upon reclassification of the land that its sale be by auction with a reserve price to be fixed by the average of two valuations and that Council?s seal be attached to documents as required.

 

With respect to draft LEP Amendment No 42, Council was advised at its meeting on 3 September 2009 in terms of the following:

 

?Advice has been received from the Department of Planning advising that Amendment No 42 to Nambucca Local Environmental Plan 1995 (NLEP 1995) has been approved and took affect from 7 August 2009 following its Gazettal.

 

NLEP 1995 No 42 is the reclassification and rezoning of approximately 1600m2 of land within Coronation Park from Community Land to Operational Land and from Zone 6(a) Public Recreation to Zone 2(a) Residential (Low-Medium Density).?

 

Having regard to the above, Council resolved, inter alia:

 

2????????? That Council now proceed to prepare a development application for the excising of the rezoned land and its subdivision into residential lots, the number of which would provide the most advantages return for Council (ie 1, 2 or 3 lots).

 

3????????? That the General Manager be authorised to sign and submit the Development Application and prepare or have prepared all necessary documentation required to accompany the application for subdivision and all subsequent legal requirements for the registration of title, contracts, valuations etc.

 

 

PROPOSAL:

 

A development application to subdivide the subject land into four (4) lots consisting of three (3) residential lots comprising areas of 450m2, 580m2 and 717m2 and a residual lot of approximately 4.765 ha, has now been submitted for Council?s consideration. A copy of the subdivision plan is attached to this report. Council?s Manager Business Development has prepared a Statement of Environmental Effects (SEE), a copy of which is also attached to this report.

 

 

CONSULTATION:

 

Council?s Manager Technical Services has provided appropriate engineering conditions to be included in any development consent granted by Council.

 

There were no relevant matters for consideration by Council?s H&B department.

 

 


DISCUSSION:

 

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

 

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

 

(a)??????? the provisions of

 

(i)???????? any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

In accordance with LEP Amendment No 42, the zoning of the subject land under LEP 1995 is 2(a) Residential (Low-Medium). The proposed subdivision and disposal of operational land is permissible with consent and is consistent with the objectives of the 2(a) zone. The proposed lots comply with the minimum 450m2 allotment size under Clause 26(1) of LEP 1995.

 

(ii)??????? any draft environmental planning instrument

 

In accordance with draft NLEP 2009, the subject land is intended to be zoned R3 ? Medium Density Residential. The proposed subdivision is in keeping with the objectives of this zone and permissible with development consent.

 

(iii)?????? any development control plan (DCP)

 

DCP 4 ? Subdivision

 

The proposed subdivision complies with all the relevant provisions of DCP No 4.

 

DCP 12 ? Notification and Advertising

 

The proposed development was advertised and notified in accordance with DCP 12.

 

(iiia)???? any planning agreement

 

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

 

(iv)?????? any matters prescribed by the regulations

 

The proposed development is unlikely to have an adverse impact on the natural coastal environment, natural coastal processes, aesthetic appearance of the coast, cultural heritage, ecological sustainability of coastal areas or public access and use of coastal areas. In this regard, the development complies with the requirements of the NSW Coastal Policy 1997.

 

SEPP 71 ? Coastal Protection

 

The proposal site is contained within the coastal zone as identified in this policy. However the proposal is not listed as significant development (Schedule 2) or within a coastal sensitive location. Therefore there is no requirement for a master plan to be prepared, nor for Council to refer the proposal to the Department of Planning.

 

b????????? the likely impacts of the development

 

The proposed subdivision of the land is in keeping with the context and setting of the existing residential precinct. As such it is unlikely to have an adverse impact on adjoining and nearby residents in the locality. However, any future residential development of the respective lots will be assessed in a separate development application, where issues such as the design of building, loss of privacy, etc, will be addressed.

 

c????????? the suitability of the site for the development

 

There are no physical constraints on the site that would make the land unsuitable for subdivision as proposed. The design, siting and construction of dwellings will need to be considered when an application is submitted for the erection of the building.

 

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

 

The proposed development was advertised and notified from 11 December 2009 to 11 January 2010. As a result of such action no submissions were received.

 

e????????? the public interest

 

The public interest has been addressed by applying an appropriate level of development assessment in accordance with all relevant legislative requirements, policies and plans.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts issues associated with the subdivision of the land. Any environmental impacts associated with any future residential development of the land will be managed through consideration of any application for dwellings.

 

Social

 

The land is currently underutilised and requires on-going Council maintenance, without providing any recreational benefit to the broader community. The subdivision and sale of the land will provide an opportunity to improve recreational facilities in Coronation Park.

 

Economic

 

The proceeds of the sale will be used to improve recreational facilities in Coronation Park. Council?s Land Development Committee and the Coronation Park Committee of Management have indicated their support for the proposed subdivision and sale of the subject land.

 

Risk

 

There are no apparent risks associated with the proposed subdivision and subsequent sale of the subject land.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Cost attributable to the subdivision and sale will be recovered from the proceeds of the sale.

 

Source of fund and any variance to working funds

 

There should be no impact on working funds.

 


PROPOSED CONDITIONS OF CONSENT

 

PARAMETERS OF THIS CONSENT

 

1??????? Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

 

Business Development Unit ? Nambucca Shire Council

August 2009

Plan of Subdivision

 

 

undated

 

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

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR SUBDIVISION WORKS

 

2??????? Engineering Construction Plans

 

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the works in the following table in accordance with Council?s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Footpath Construction

A 1.2 metre wide concrete footpath across the frontage of the subdivision.

Service Conduits

Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities? requirements.

Inter-allotment Drainage

Inter-allotment drainage to an approved public drainage system for collection of stormwater from upstream blocks.

 

 

3??? Sewerage and Water Mains

 

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works. Sewerage and water mains are to be extended to service all residential allotments in the subdivision

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO COMMENCEMENT OF SUBDIVISION WORKS

 

4??????? Erosion & sediment measures

 

Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol. 1, 4th Edition prepared by Landcom.

 

 


THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH DURING CONSTRUCTION OF SUBDIVISION WORKS

 

5??????? Construction times

 

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

 

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

b??????? Saturday, 8.00 am to 1.00 pm.

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

 

6??? Maintenance of sediment and erosion control measures

 

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

7??????? Consent required for works within the road reserve

 

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

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

 

8??????? Plan of Subdivision

 

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Seven (7) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

9??? Section 88B Instrument requirements

 

A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Inter-allotment Drainage Easements

The creation of easements for drainage of water, with a minimum width of 1.5 metres, over all inter-allotment drainage pipelines and structures located within the proposed allotments.

 

10?? Completion of All Works

 

All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

11??
Certificates for Engineering Works

 

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council?s Adopted Engineering Standard.

 

12?? Works-As-Executed Plans

 

Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council?s GIS Officer.

In the case where development involves filling of flood prone land, an additional copy of the works-as-executed plan relating to earthworks and final plan of subdivision must be submitted detailing the 1% flooding contour.

 

13?? Electricity Supply Certificate

 

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply to the proposed lots.

 

14?? Telephone Supply Certificate

 

Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply to the proposed lots.

 

15?? Maintenance Bond

 

A maintenance bond of 5% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 6 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

16?? Record of Infrastructure

 

A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

 

17????? Water and Sewer Construction

 

????????? The provision by the applicant, at his expense, of the following works and services in accordance with Council?s Aus-Spec #1 Design and Construction Specifications and its Water and Sewerage Construction Specifications prior to release of the final survey plan.

 

????????? a??????? Sewer mains to serve the development, including sewer main extension to the site, mains, sidelines and junctions to all lots;

 

????????? b??????? Water service installation by Council to the development site at the developer?s cost;

 

????????? c??????? Sewer junction installation by Council to the development site at the developer?s cost;

 

18????? Contribution to be paid towards provision or improvement of amenities or services

 

Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The contribution rates for specific dates are available from Council offices during office hours.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Public Reserves and Community Facilities

Lot

3

$1,724.45

$5,173.35

30 June 2010

Surf Lifesaving Equipment

Lot

3

$96.00

$288.00

30 June 2010

Administration Charge

 

 

6% of total

$327.70

30 June 2010

TOTAL

 

 

 

$5789.05

 

 

19????? Certificate of Compliance (Water, Sewer and Drainage)

 

Contributions set out in the following table are to be paid to Council.

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

3

$4,398.00

$13,194.00

30 June 2010

Sewer

3

$4,077.00

$12,231.00

30 June 2010

TOTAL

 

 

$25,425.00

 

 

 

NOTES:

 

Principal Certifying Authority

 

Work must not commence until the applicant has:

a??????? obtained a Construction Certificate from Council or private certifier,

b??????? appointed a Principal Certifying Authority (if the Council is not the PCA),

c??????? given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ?Form 7?, and

d??????? notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

 

Protection of the Environment Operations Act 1997

 

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (?on-the-spot fine?) or prosecution.

 

Responsibilities under the National Parks and Wildlife Act 1974

 

Should operations uncover evidence of Aboriginal heritage of the area, or the presence of any threatened, endangered or vulnerable flora and fauna, all work is to cease immediately and the National Parks and Wildlife Service and the Local Aboriginal Land Council are to be contacted. No work is to recommence until the National Parks and Wildlife Service permits such works to continue.

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $600) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

Attachments:

1View

1629/2010 - Plan for Council report re DA 2010/073

 

??


Ordinary Council Meeting - 4 February 2010

Report on DA 2010/076 - Subdivision to create three (3) residential lots - Coronation Park

 

?


Ordinary Council Meeting

4 February 2010

Director Environment & Planning's Report

ITEM 10.5??? SF276????????????? 040210???????? Report on the Aboriginal Community Advisory Committee Minutes Meeting held 15 December 2009

 

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

 

Summary:

 

The minutes of the Aboriginal Community Advisory Committee meeting held Tuesday 15 December 2009.

 

The minutes contain no recommendations.

 

 

Recommendation:

 

That Council endorse the minutes of the Aboriginal Community Advisory Committee meeting held Tuesday 15 December 2009.

 

 

OPTIONS:

 

1??????? Endorse the minutes.

 

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

 

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

 

 

DISCUSSION:

 

Members discussed an Aboriginal Protocol document, circulated by Ms Walker (CDO), and were encouraged to read. The next ACAC meeting will workshop the document to make it relevant to the Nambucca Shire and its Aboriginal people.

 

Most members briefed about the Christmas period and what their organisation have achieved over the 2009 calendar.

 

 

CONSULTATION:

 

Manager Community and Cultural Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues with this report.

 

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

32325/2009 - Minutes of the ACAC meeting held Tuesday 15 December 2009

 

??


Ordinary Council Meeting - 4 February 2010

Report on the Aboriginal Community Advisory Committee Minutes Meeting held 15 December 2009

 

Present

 

Cr Ballangarry, Cr South, Cathy Bula, Raylene Ballangarry, Mila Roko, Barry Ford, Scott Mieni, Terry Marshall, Louise Robinson, Beryl Wilson, Patricia Walker.

 

 

Apologies

 

Cr Flack, Coral Hutchinson, Jennie Rosser.

 

Ms Cathy Bula Chairperson welcomes everyone and declare the meeting opened at 10:40 am. Cathy also inquires if everyone received a copy of the Aboriginal Protocol document.

 

 

Declaration of Pecuniary Interest ? none declared.

 

 

Minutes of Previous AGM ? 17 November 2009

 

 

Business Arising ? Nil.

 

 

Correspondence ? Nil.

 

 

General Business

 

1??????? Council's resolutions re ACAC

 

Beryl Wilson enters the meeting at 10:42 am.

 

Ms Walker attempted to contact LALC's CEO's for agenda items. CEO's were at a regional meeting.

 

Members agreed to keep trialling the process.

 

Cr Ballangarry enters the meeting at 10:45 am.

 

2??????? Aboriginal Protocol within Council

 

Ms Bula requested that members read the document so that each heading can be worked on in 2010.

 

Item to be placed on the February 2010 agenda.

 

Cr South enters the meeting at 10:46 am.

 


3??????? Community Meeting

 

Ms Robinson reported to members that the meeting held at Muurrbay on Monday 23 November 2009 was attended by Elders, EDO representative and solicitor Redcliffe and a culture and heritage archaeologist.

 

There had been another community meeting held Monday 14 December 2009, where Ms Robinson was to record but advised no Elders had attended.

 

Ms Robinson will attempt to follow up with a meeting with Elders and the solicitor, Mr Redcliffe, so the Part 3A Bellwood proposal can have some Aboriginal input.

 

4??????? Members Report

 

Ms Louise Robinson ? CEO NHLALC

 

Ms Robinson advised the following;

 

????????? Joint Christmas party for the 3 LALC's and their board members at the Ocean Chill restaurant, Thursday 17 December 2009 commencing at 6 pm.

????????? Ms Robinson will be attending the Council meeting for this date, to raise issues in relation to BWS being built at Bellwood. The impact of the BWS will impact on the alcohol and violence issues. Ms Robinson notes the NH Chambers of Commerce concerns in regards to drink driving offences and highway crossing for the purchasing of cut price liquor.

????????? Ms Robinson will take to the Council meeting statistics on alcohol related issues.

 

Mr Terry Marshall

 

Nil to report.

 

Ms Raylene Ballangarry

 

Nil to report.

 

Ms Mila Roko ? Nambucca Valley Community Services Council ? Aboriginal Aged Service

 

Ms Roko advised the following;

 

????????? all the organisations' Christmas parties are over.

????????? The service will be closed from the 25/12/09?3/01/10. Only services operating over this period is the high level care clients. Mila will be on call.

 

Mr Scott Mieni ? NSW Police ? Aboriginal Community Liaison Officer

 

Nil to report.

 


Mr Barry Ford ? CEO Bowraville LALC

 

Mr Ford advised the following:

 

????????? the LALC's housing will be contracted out to the Many Rivers Regional Housing Management Services Aboriginal Corporation with the board determining the terms of arrangement.

????????? community day in Bowraville ? Beyond Empathy in partnership MiiMi, have acquired a Jobs Fund grant ($1.2m) to increase facilities that assist the increase in employment within Bowraville. There will be a meeting at the Bowraville Theatre with a market/Christmas carolling and fireworks in following.

????????? 'Bowra Bucks' can be spent here at the markets, a question as to whether Bowra Bucks to be declared to ATO.

 

Ms Beryl Wilson ? CEO Ngurrala Aboriginal Corporation

 

Ms Wilson advised the following;

 

????????? the IEP (Indigenous Employment Panel) contract has come back. DEWR finds panel members to auspice funds. First program ? pre-employment.

????????? Staffing levels have increased.

????????? Partnering with Council and Comet for Jobs Fund for energy efficient windmills but missed deadline. Comet need maintenance people, Ngurrala is negotiating for Aboriginal employees.

????????? Ngurrala will be closed from the 24/12/09 ? 4/01/10

????????? The Aboriginal Youth Worker position ? what's happening? CDO to inform members of the AYW position when information is available.

 

Ms Patricia Walker ? NSC Community Development Officer

 

Ms Walker advised that she will be on leave and unavailable from the 25/12/09 ? 18/01/10.

 

Ms Cathy Bula ? NCAP (New Careers for Aboriginal People)

 

Ms Bula advised the following:

 

????????? Funding for TAA course for 14 Aboriginal people - training small groups.

????????? Applied for funding for a training centre, NCAP will attempt to negotiate with the owner of 22 Wallace St, Macksville.

????????? Meeting with Fiona Hyland (TaFE) to find Indigenous trainers to train Indigenous classes.

????????? Employment for trainees at end of courses.

????????? NCAP in partnership with TaFE for hairdressing course. 10 participants for a Cert II in Hairdressing. Ms Bula negotiated with a salon to sublet every Wednesday for the course. The Cert II will enable participants to start their own business or 'rent-a-chair'.

 

 


Next meeting ? 15 February 2010, venue to be advised.

 

Ms Bula thanked members for attending the meeting.

 

 

There being no further business, the meeting was declared closed at 11:30 pm.

 

 

 

 

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

Cathy Bula

CHAIRPERSON

 

??


Ordinary Council Meeting

4 February 2010

Director of Engineering Services Report

ITEM 11.1??? SF601????????????? 040210???????? Traffic Management - Wallace Street, Macksville

 

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

 

Summary:

 

The proposal for the 40 km/hr high pedestrian activity area was placed on exhibition from 2 December 2009 until 14 January 2010.? Two responses for, and one against were received.

 

At this time Council needs to secure the approval of the Roads and Traffic Authority (RTA) for the proposal and to receive external funding as a grant as the next step.

 

 

Recommendation:

 

1??????? That Council adopt in principal the exhibited 40 km/hr high pedestrian area for the Macksville CBD.

 

2??????? That the adopted plan be submitted to the Roads and Traffic Authority for assessment and funding.

 

 

OPTIONS:

 

1??????? Adopt the exhibited plan

2??????? Adopt the same plan with additions such as raised platforms

3??????? Not proceed

4??????? Conduct further consultation

 

 

DISCUSSION:

 

Council resolved on 18 November 2009 to consult the community and to place on exhibition the proposal to install a 40 km/hr high pedestrian activity area in the Macksville CBD.

 

Consultation was undertaken by direct mail (copy of letter attached) to a range of organisations which included:

 

1.??????????????? Macksville & District Chamber of Commerce and Industry

2.??????????????? Rotary Club of Macksville

3.??????????????? Country Women?s Association (Macksville)

4.??????????????? Macksville District Ex-Servicemen?s Club

5.??????????????? Nambucca River Cooperative Society Ltd

6.??????????????? Nambucca Valley Community Services Council Inc

7.??????????????? Guide Dog Association of NSW

8.??????????????? Lions Club of Macksville

9.??????????????? Unkya Local Aboriginal Lands Council.

 

The proposal was advertised in the Guardian News (3 December 2009) and the Hibiscus Happynings (2 December 2009) with plans and the original report to Council on display at Council?s Administration Centre and the Macksville Library.

 

The following submissions (copies attached) were received:

 

a

Country Women?s Association (Macksville)

Support Zone and pedestrian refuge

 

b

Nambucca River Cooperative Society Ltd

 

Support proposal

c

Peta Webb

Against?Concerned about pedestrian complacency, making the route more difficult for heavy vehicles, reduced parking and traffic already travels less than 40 km/h

 

 

The submissions are not extensive and more may come forward as the proposal gains momentum.

 

On the basis that the project is adopted in principal then the next step is to liaise with the RTA.? The issues for the RTA to address are:

 

1??????? Assessment of the impact on the adjoining classified road being the Pacific Highway in Cooper Street

 

2??????? Ability to fund the project through their Road Safety Programs

 

3??????? Final approval.

 

The exhibited plan and the one recommended for discussion with the RTA has the following features:

 

?????????????? 40 km/h zoned includes Wallace, Princess and River Streets, and Wallace Street

?????????????? Painted ?gateways?

?????????????? One pedestrian refuge in Wallace Street.

 

The proposal does not include raised platform or kerb blisters.

 

 

CONSULTATION:

 

Public exhibition and mailout

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant change.

 

Social

 

Project aims to improve pedestrian safety.

 

Economic

 

Project reduces the number of parking spaces by two (2).? This is seen as a potential economic negative.

 

Risk

 

Funding may not be available from the RTA.

 

The project will not get universal acceptance as the choice becomes a pedestrian refuse verses car parking spaces.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Project unlikely to be approved in time for current budget.? Finances depend upon a grant from the RTA?most likely in 2010/2011 financial year.

 

Source of fund and any variance to working funds

 

A 100% grant will be sought from the Roads and Traffic Authority.

 

Attachments:

1View

30264/2009 - 30264/2009 - Letter to organisations

 

2View

31963/2009 - 31963/2009 - Macksville CWA

 

3View

327/2010 - 327/2010 - Nambucca River Co-Op

 

4View

217/2010 - 217/2010 - P Webb

 

5View

1708/2010 - 1708/2010 - Traffic Management Plans

 

??


Ordinary Council Meeting - 4 February 2010

Traffic Management - Wallace Street, Macksville

 

Enquiries to:???? Mr B Redman

Phone No:??????? 02 6568 0232

Our Ref:????????? RF233

Your Ref:????????

 

 

 

25 November 2009

 

 

 

?Name?

?Company?

?Address_1?

?Address_2?

 

Dear ?Salutation?

 

PROPOSED HIGH PEDESTRIAN ZONE - WALLACE STREET MACKSVILLE

 

A number of organisations have been selected at random to generate feedback on a proposal for the Macksville CBD area.

 

A concept has been developed to implement a 40 km/h high pedestrian zone in Wallace Street, River Street (west) and part of Princess Street, Macksville to improve pedestrian safety.

 

The key features of the proposal are:

 

1????????? A pedestrian refuge across Wallace Street (this is not a pedestrian crossing)

2????????? Speed zones painted on the road at each entrance to the high pedestrian zone

 

Enclosed please find a copy of Council?s advertisement, together with a photograph and plan for your information as well as the report presented to Council on the19 November 2009.

 

Written submissions will be accepted up until 4.00 pm, 14 January 2010 and Council would welcome your comments

 

Yours faithfully

 

 

 

 

 

B R REDMAN

DIRECTOR

ENGINEERING SERVICES

 

BRR:aw

 

?


Ordinary Council Meeting - 4 February 2010

Traffic Management - Wallace Street, Macksville

 

?


Ordinary Council Meeting - 4 February 2010

Traffic Management - Wallace Street, Macksville

 

?


Ordinary Council Meeting - 4 February 2010

Traffic Management - Wallace Street, Macksville

 

?


Ordinary Council Meeting - 4 February 2010

Traffic Management - Wallace Street, Macksville

 

?


Ordinary Council Meeting

4 February 2010

Director of Engineering Services Report

ITEM 11.2??? SF853????????????? 040210???????? Changes in Weed Management

 

AUTHOR/ENQUIRIES:???? Tim Woodward, Noxious Weeds Inspector ????????

 

Summary:

 

The Department of Industry and Investment are implementing the NSW Weeds Action Program for the 2010-2011 financial year. The NSW Weeds Action Program replaces current Noxious Weed funding arrangements and funding will be targeted at meeting the outcomes of the NSW Invasive Species Plan.

 

Weed funding applications will be region based, rather than Local Control Authorities submitting individual applications for funding. Council is currently a member of the North Coast Weeds Advisory Committee. It is considered to be beneficial to resign our membership from this Committee and apply for membership to the Mid North Coast Noxious Weeds Advisory Committee.

 

The Mid North Coast Noxious Weeds Advisory Committee is proving to be the leading agency in the development of strategic plans that will deliver the desired outcomes of the NSW Invasive Species Plan.

 

 

Recommendation:

 

1??????? That Council note the report on Changes in Weed Management.

 

2??????? That Council approve the resignation of membership from the North Coast Weeds Advisory Committee as of June 2010.

 

3??????? That Council apply for membership to the Mid North Coast Weeds Advisory Committee to be a part of the new funding application under the NSW Weeds Action Program.

 

 

OPTIONS:

 

??????????? To move to the Mid North Coast Weeds Advisory Committee to be part of their regional NSW Weeds Action Program funding application to meet the outcomes of the NSW Invasive Species Plan.

 

??????????? To remain with the North Coast Weeds Advisory Committee for the regional NSW Weeds Action Program funding process.

 

 

DISCUSSION:

 

The Department of Industry and Investment have changed the current Noxious Weeds funding process and are seeking one regional grant application for a 3 to 5 year period, that meets or exceeds the targets set out in the NSW Invasive Species Plan.

 

Currently Council is a member of the North Coast Noxious Weeds Advisory Committee who applies for regional group project funding for individual weed species control within each individual Local Control Authority. Council also applies for matched (50:50) funding to implement a Noxious Weed inspection program across all land tenures within the Nambucca Shire. New funding arrangements under the NSW Weeds Action Program have abolished this current grant process and only one application per region is expected by the Department of Industry and Investment to deliver the outcomes of contained within the NSW Invasive Species Plan, furthermore Council is no longer required to match funding within this process, although Council still has a responsibility to meet its requirements within the Noxious Weeds Act 1993, in regards to the reporting and management of Noxious Weeds within the Local Control Authority area.

 

The NSW Weeds Action Program demonstrates the Governments commitment to the NSW Invasive Species Plan and will:

 

??????????? Identify and manage high risk weed species and entry pathways

??????????? Develop and implement early weed detection capabilities

??????????? Assist in the timely detection of new weed incursions

??????????? Affect a quick response to eradicate or contain new weeds

??????????? Identify and prioritise weed management programs to where benefits are greatest

??????????? Provide effective and targeted on-ground weed control

??????????? Increase community acceptance of, and involvement in, effective weed management

??????????? Integrate weed management into education programs

??????????? Improve the knowledge base for weed management

??????????? Monitor progress of the NSW Invasive Species plans implementation

??????????? Encourage the use of cost-sharing arrangements

 

NSW Regional Weeds Action Program ? projects involve a number of stakeholders in a region working together. This is a regional component to help local weed control authorities and other stakeholders develop partnerships to effectively target weeds; identify and stop new weeds early and increase community involvement in weed management.

 

The Mid North Coast Noxious Weeds Advisory Committee (MNCWAC) is proving to be the leading organisation in the development of a regional strategy that meets or exceeds the outcomes of the NSW Invasive Species Plan.? The MNCWAC current members include Council representation from Great Lakes, Taree, Gloucester, Port Macquarie and Kempsey, as well as other stakeholder group members. All of these Councils are similar to the Nambucca Shire Council, in that they employ only one Noxious Weed Officer per Local Control Authority area. The member Councils are similar in size to ourselves and face the same difficulties with regards to funding and resource constraints.

 

The MNCWAC are already targeting a large proportion of their regional activities to meet the outcomes of the NSW Invasive Species Plan, with education, extension and awareness programs a high priority. Some examples of this include the regular media releases in the North Coast Town and Country magazine, which reaches approximately 50,000 readers within the Mid North Coast Region. Other initiatives include the production of calendars that contain advice and information on weeds species appropriate for control each month.

 

The Northern Rivers Catchment Management Authority have provided extensive funding for weed control within private lands in the Nambucca Shire, which has targeted vine weeds in the riparian zones that have been identified as a Key Threatening Process by the DECC. This funding has been administered by the Mid North Coast Weeds Advisory Committee within the Nambucca, with reporting also conducted through the MNCWAC.

 

Currently the North Coast Weeds Advisory Committee is made up of Nambucca, Bellingen, Coffs Harbour, Clarence Valley and Far North Coast Weeds (county council). Currently Nambucca Shire Council contributes a similar amount financially to the NCWAC as the other representative Councils (including the County Council), which I deem as inequitable given the ratepayer base and physical area covered by some of the other member entities.

 

The Mid North Coast Weeds Advisory Committee have formed a sub-committee whose brief is to employ a consultant to develop a business plan that meets Local Council and the Department of Industry and Investments expectations. Council and other stakeholder groups will provide input in the development stage of this business model. The development of a comprehensive business plan and subsequent application is pertinent as the new funding period is for a 3 to 5 year period, from July 2010.

 

To date the NCWAC have not planned to develop a business plan and given that the regional application needs to be finalised before May 2010, a business model needs to be developed in a timely manner to ensure that all parties are satisfied with the plan, prior to the application submission. Furthermore under the new funding program the current County Council administration fee is to be dropped and Far North Coast Weeds could be looking at retaining a greater share of the Weed Action Program funding to make up for this shortfall.

 

 

CONSULTATION:

 

Regular communication has been made with members of the Mid North Coast Noxious Weed Advisory committee including the project manager, Terry Schmitzer and with the Industry and Investment (previously Department of Primary Industries) Regional Weed Coordinator, Rod Ensby. Regular communication with the Director of Engineering, Bruce Redman and Manager of Civil Works, Noel Chapman has been made to highlight the pending changes in Weed Management.??

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Noxious and environmental weeds reduce biodiversity and pose a threat to native flora and fauna populations.

 

Social

 

Weeds can impact agricultural production, can reduce aesthetics for residents and visitors to the area and some have direct human health implications.

 

Economic

 

The new Weed Action Program will require some changes to the current funding arrangements, but will be within current budgetary levels.?

 

Risk

 

If Council is not involved in the regional Weed Action Program, State Government funding will be lost and Council could be in breach of the Noxious Weed Act, with subsequent penalty.?

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has an obligation to control weeds and ongoing funding is required. There is no specific requirement to increase funding however improved mapping may clarify future funding requirements.

 

Source of fund and any variance to working funds

 

No additional funds are required.

 

 

Attachments:

There are no attachments for this report. ???