NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

1 April 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 - 01 April 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 Aboriginal People present.

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 18 March 2010

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

i) ?Item 8.9? Request for Use of Macksville Showground by Motorhomes and Installation of

?????????????????? a Sewerag Dump Point

????????? a)? Mr Bob Phipps?Member, Campervan and Motorhome Club of Australia

 

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

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

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? Grant Application Status Report - 25 March 2010

8.3???? Liability in Relation to Water Supply - Further Advice from Council's Solicitor's Norton Rose

8.4???? Restructure of Works Section

8.5???? Progress Report - Implementation of the Promoting Better Practice Report Recommendations

8.6???? Valla Beach Urban and Hall Committee of Management - Minutes of Annual General Meeting - 17 February 2010

8.7???? Nambucca Valley Netball Association - Minutes of Annual General Meeting - 3 November 2009

8.8???? Scotts Head Tennis Club - Minutes of AGM 17 March 2010 & Financial Statement to 28 February 2010

8.9???? Request for use of Macksville Showground by motorhomes and installation of a sewerage dump point

9??????? Director Environment and Planning Report

9.1???? Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 March 2010

9.2???? DA's and CDC's Received and Determined under Delegated Authority 23 February-8 March 2010

9.3???? Crime Prevention Grant Application? "Crime Prevention Through Environmental Design"? Audits On Public Infrastructure

9.4???? Nambucca Valley Conservation Association vs Nambucca Shire Council & Mr Paul Joseph - DA 2004/136, East West Road, Valla

9.5???? Report on Community Services Committee Meetings - 10 November 2009 & 9 February 2010

10????? Director Engineering Services Report

10.1?? Tender T007/2010 Additions To Rural Fire Service Lower North Coast Control Centre

10.2?? Anderson Park Amenities

10.3?? Stormwater - Damage to System

10.4?? Mid North Weight of Loads Group - 1 March 2010 ?


??

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

11.1?? Mirage Property Group Legal Expenses

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

??

??????????? a????? Questions raised by Councillors at 7 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii?????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv??????? DEAL WITH MOTION TO CLOSE THE MEETING

12????? MEETING CLOSED TO THE PUBLIC

13????? REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING

 

14????? GENERAL PURPOSE COMMITTEE MEETING?31 MARCH 2010?Scotts Head Master PLan

 

15????? GENERAL PURPOSE COMMITTEE MEETING?1 APRIL 2010?The Budget

 

 


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

1 April 2010

General Manager's Report

ITEM 8.1????? SF959????????????? 010410???????? 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

 

Follow up letter sent 10 February 2010

 

Plan lodged with Department of Lands.? Compulsory acquisition can start once plan is registered.

2

Item 11.4

03/07/08

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

DES

Preparation of Plan of Management commenced.

Nambucca River Masterplan has identified possible users.

 

Low 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

 

Catchment Assessment:

Final report assessed.? Maintenance recommendation included in works program.? There are a number of existing stormwater inlet pits within the study area which require maintenance.? These pits are blocked with vegetation and debris both within the pit and in the grate and lintel, grates are broken, and lintels are broken, reducing the inlet capacity of each pit.? Maintenance and repair of these pits will at least ensure each pit is functioning to its capacity.

 

Phase 2 analysis of pipeline from Bismark to Nambucca Streets authorised.

 


 

DECEMBER 2008

 

4

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.

Nambucca River Master Plan to be presented to NRE&CMC on 12 Feb 2010.? Recommendation that height be considered in draft Nambucca LEP 2009.

Nambucca River Master Plan endorsed.

 

Building heights in Wellington Drive to be considered when draft NLEP 2009 comes to Council at the March 2010 GPC.

 

 

FEBRUARY 2009

 

5

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.

 

 

MAY 2009

 

6

SF1213

07/05/09

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

 

DES

GM

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.

 

 

7

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

 

 

8

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 budget workshop.

 

 

9

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.

Meeting held 12 March 2010.

 

 

10

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.

Meeting held 12 March 2010.

 

 

 

JULY 2009

 

11

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.

 

DES

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.

Access Committee minutes to come to Council.

Concept design to be provided to Council.

 

 

12

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.

Indefinitely delayed due to workload, illness and completion of Civica (Authority) implementation.

Provision made in Budget for 2010/11

 

 

13

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.

 

Indefinitely delayed due to workload, illness and completion of Civica (Authority) implementation.

 

AUGUST 2009

 

14

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

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

(Not suitable).

Guardrail design and costing in progress.

Expected cost $30,000 to install.

 

15

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

15 April 2010

16

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

Report to GPC 14 April 2010

 

17

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.

OCTOBER 2009

 

19

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.

Draft policy circulated for Councillor comment at March 2010 GPC.

Deferred to April 2010 GPC

 

21

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

 

22

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.

Minister has now responded advising that the Scotts Head Caravan Park, being located on part of Reserve 65963 for Public Recreation and Resting place, complies with the criteria outlined in Section 556 of the Local Government Act 1993 and qualifies for exemption from the general rate.

A copy of the Minister?s letter has been circulated to Councillors.

Notwithstanding the Minister?s response, legal advice is to be sought.

Legal advice has been sought.

23

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 Council in March 2010.

Deferred to April 2010 GPC.

 

24

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.

Value Management workshop on dam to be held 10 February 20010 workshop on IWCM to be held in March 2010.

GM to chase up IWCM workshop date.

 

25

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.

 

Follow up letter drafted.

26

SF624

19/11/09

Invite NRCMA to GPC

re MOU/blueprint.

 

GM

Invitation issued 24/11/09

Follow up letter on 8 February 2010.

 

28

PRF53

19/11/09

River Street Foreshore landscaping and development plan

 

DES

To be placed on public exhibition for 28 days from 25 March 2010.

DECEMBER 2009

 

30

SF968

17/12/09

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

 

GM

Letter sent 8 February 2010 to Ms Jill Brown

Nambucca Valley Netball Association

 

No response as per 9 March 2010.

 

 

31

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 31 March 2010.

Includes Saleyard Committee.

 

 

32

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

 

Follow up letter sent to Andrew Stoner 10 February 2010.

Granted consent to use bio mass as a cover material. Follow up email to CHCC re progress with draft regulation and any budget impacts.

Budget provision has been made for $20 per tonne processing cost in 2010/11.

Mayor should write follow up letter to Minister.

 

 

JANUARY 2010

 

34

SF839

21/01/10

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

 

GM

On-going.

 

 

 

 

35

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

 

FEBRUARY 2010

 

38

SF1471

18/02/10

That Council write to the Minister for LG seeking permission not to have a Bi-Election for a casual vacancy

 

GM

Letter written 24 February 2010-02-23

 

39

SF1471

18/02/10

Council canvass option on reducing Councillor numbers in the next customer survey

 

GM

Provision for Customer Survey to be made in 2010/2011 budget

 

40

SF1471

18/02/10

Council investigate the number of sites remaining in the Macksville Cemetery (Catholic and others)

 

DEP

Report to GPC March 2010.

Deferred to GPC April 2010.? Initial investigations identified that at least 40-50 burial sites available in Macksville Cemetery and many plots with a view are available in the Nambucca Heads cemetery.

 

 

41

SF741

18/02/10

That a further report be prepared on the operation of the Paveline Machine from July 2009 to June 2010

 

DES

Report in July 2010

 


 

MARCH 2010

42

SF1286

04/03/10

That a report come to Council addressing the issues outlined in the public forum with a recommendation on how funding may be raised to construct an amenities block (at Anderson Park) by the end of the year.

 

DES

Report to 1 April Council meeting.

43

SF90

04/03/10

That Mr Barry Duffus receive a written response to his questions regarding the cost to erect and remove the sign on Valla Road, stating ?Heavy fines may apply for using exhaust brakes?.

 

DES

Response letter being drafted.

 

SF430

18/03/10

Council look at funding from the Environmental Levy to clear camphor laurels and that.

 

Council apply for urgent funding from NPWS Conservation grants.

 

Send copies of residents? petitions to Ministers and invite them to meet with Council and residents onsite.

 

DEP

In progress.

 

SF127

18/03/10

Employment of a 3 day per week two year fixed term Natural Resource Project Officer to be considered in 2010 Budget subject to the Environmental Levy continuing

 

DEP

To be considered at Special GPC on 1 April 2010.

 

SF1354

18/03/10

That Council write to the RFS to query why program costs were underestimated for the current year.

 

DES

Letter to be written.

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.2????? SF1389??????????? 010410???????? Grant Application Status Report - 25 March 2010

 

AUTHOR/ENQUIRIES:???? Jenny Chance, Grants Officer ????????

 

Summary:

 

At Council?s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

 

 

Recommendation:

 

That the list of grant programs and their status to 15 March 2010 be received.

 

 

 

APPROVED GRANTS?SECURED BY GRANTS OFFICER

Grant

Funding Amount

Description

NSW Maritime ? Maritime Infrastructure Program

 

$53,220

Pontoon and Gangway at Lions Park, Ferry Street ? Macksville.

Pontoon and Gangway at Tourist Office Finger Wharf ? Nambucca Heads.

NSW Blackspot Program

 

$34,000

Pedestrian refuge at Bowra Street, Nambucca Heads.

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

 

$11,179

Nambucca District Little Athletics ? Computer, camera and filing cabinets.

 

Nambucca Heads Junior Rugby League Football Club ? Coffee maker and a step ladder.

 

Nambucca Heads Touch Football ? Computer and a photocopier

NSW Attorney General?s Department ? NSW Crime Prevention Grant

$54,527

Program to assist licensed premises to implement strategies towards a safer environment for women.

Department of Planning - NSW Coastline Cycleway Grants Program

$75,000

Funding for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads.

Department of Climate Change ? Local Adaptation Pathways Program

$140,000

Funding to assist councils to integrate climate change risk assessment into their broader decision-making processes. Joint application between Nambucca, Kempsey and Bellingen Shires.

Department of Sport and Recreation ? Capital Assistance Program

$8,600

Nambucca Tennis Club lighting upgrade.

Department of Environment and Climate Change - Regional Regulated Area Council Grant

$14,000

To assist with costs associated with weighbridge at Nambucca Waste Management Facility

 

Department of Local Government ? Playground Upgrades

$19,551

 

Install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.


Department of Community Services (NSW) ? Area Assistance Scheme

 

$128,984

Marine Rescue Building ? Funding towards the construction of a new building

Unkya Reserve ? electrical upgrade and general repairs.


 

Jobs Fund ? National Bike Paths ? Department of Infrastructure, Transport, Regional Development and Local Government

$441,350

Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

 

Funding contributions include $50,000 from RTA, $75,000 from Department of Planning, $75,000 from Nambucca Shire Council and the remaining matching funds are in-kind contributions from Nambucca Shire Council and the Green Team.

Maritime Museums of Australia Project Support Scheme (MMAPSS)

 

$7,700

Funding towards the conservation and preservation of the Frank Partridge VC Military Museum?s Max Coward Collection.?

 

Volunteer Grants 2009 - Department of Families, Housing, Community Services and Indigenous Affairs

 

$45,076

The following applications were successful:

Nambucca District Band, Unkya Management Committee, Argents Hill Hall Committee, Talarm Community Hall, Bowraville Folk Museum, South Arm Community Hall, Mary Boulton Pioneer Cottage and Museum, Nambucca Heads Offshore Fishing Club

Nambucca District Athletics Club, Frank Partridge VC Military Museum, Nambucca River Volunteer Marine Rescue Squad, Bowraville Junior Cricket Club Inc

Nambucca Cricket Club Inc

 

Healthy Communities ? Local Government and Shires Association and NSW Health?

 

$80,000

Partnership between Nambucca and Bellingen Shire Councils for funding towards an interactive youth driven initiative towards educating youth with skills that promote responsible use of alcohol.?

Includes Save a Mate program and other programs, competitions and events and employment of a project manager.? In-kind support also received from North Coast Area Health Service.

 

NSW Community Building Partnerships

 

$90,000

Funding for the following:

- Pioneer Community Centre ? works towards removing health and safety issues - $50,000

- Frank Partridge VC Military Museum ? New display facility - $40,000

 

TOTAL GRANT FUNDING RECEIVED

$1,203,187

 

 

Department of Planning ? Local Infrastructure Fund

 

$12,750,000

Interest free loan over 10 years for Nambucca Sewerage Treatment Plant upgrade.

OTHER FUNDING RECEIVED

$12,750,000

 

 

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.3????? SF128????????????? 010410???????? Liability in Relation to Water Supply - Further Advice from Council's Solicitor's Norton Rose

 

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

 

Summary:

 

There was a query from Council?s insurers as to whether the provisions of Section 398 of the Water Management Act would provide Council with some protection from liability arising out of the unavailability of water.? Council?s solicitor, Norton Rose (formally known as Deacons) has now advised that Section 398 of the Water Management Act does not apply to Council.

 

 

Recommendation:

 

That the additional advice from Council?s solicitor, Norton Rose, in relation to liability for not proceeding with the IWCM be received.

 

 

OPTIONS:

 

There are no options other than to receive the information.

 

DISCUSSION:

 

Council has received the attached letter from Norton Rose in response to a query from Council?s insurers.? Council?s insurers suggested that Council may have some immunity from liability in relation to the unavailability of water by virtue of Section 398 of the NSW Water Management Act 2000.

 

A copy of the query from Council?s insurer and the response from Council?s solicitor is attached.

 

Council?s solicitor, Norton Rose, believe that the provisions of Section 398 do not apply to Council for the reasons listed in their advice.

 

Accordingly, the advice from Norton Rose set out in their letter dated 13 October 2009 remains.? This advice is also attached.

 

In essence the advice is that Council as a water utility would be held to owe a duty of care to provide a secured water supply by way of a management plan such as the IWCM; the risk of not doing so is foreseeable harm to third parties; that if Council does not proceed with the IWCM without fully investigating financing options that it is taking a grave risk of being held liable in the future for losses caused to third parties in the Council area.

 

 

CONSULTATION:

 

There has been consultation with Council?s insurer and solicitor in relation to the legal risks of not proceeding with the IWCM and in particular the off river storage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

The advices have no social impact.

 

Economic

 

The advices have no economic impact.

 

Risk

 

The advices concern the risk to Council with not proceeding with the IWCM and in particular the off river water storage.? According to the advice, if Council does not fully investigate financing options then it is taking a grave risk of being held liable in the future for losses caused to third parties.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no impact on Council?s budget.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

6285/2010 - Correspondence from Council's Insurer and Solicitors

 

??


Ordinary Council Meeting - 1 April 2010

Liability in Relation to Water Supply - Further Advice from Council's Solicitor's Norton Rose

 


?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 0.0????? SF1456??????????? 010410???????? Restructure of Works Section

 

AUTHOR/ENQUIRIES:???? Joanne Hudson, Manager Human Resources ????????

 

Summary:

 

At its meeting on 18 February 2010, Council resolved:

 

That the proposal to incorporate the town services attendants with the waste section and to split the functional responsibility for the Works Section between the Senior Overseer and the Overseer?s Assistant be the subject of consultation with affected staff and their union representatives and be the subject of a further report to Council.

 

An analysis of this proposal indicates that implementation would be problematic as the two work groups have distinctly different operational responsibilities, are based at different locations, have a different arrangement of hours and are on different grades in Council?s salary system. Workload has also been identified as a potential issue.

 

A more feasible solution and desirable outcome is that town services remain within the Works Section and that the Works section be divided between the Senior Overseer and Overseer?s Assistant (with this position to be retitled Overseer) with both positions reporting directly to the Manager Civil Works.

 

 

Recommendation:

 

That Council adopt the revised Works Section structure.

 

OPTIONS:

 

The options are:

 

1??????? Retain the status quo

2??????? Adopt the recommendation

3??????? Propose a structure different to that recommended

 

 

DISCUSSION:

 

At its meeting on 18 February 2010, Council resolved:

 

That the proposal to incorporate the town services attendants with the waste section and to split the functional responsibility for the Works Section between the Senior Overseer and the Overseer?s Assistant be the subject of consultation with affected staff and their union representatives and be the subject of a further report to Council.

 

An analysis of this proposal indicates that implementation would be problematic as the two work groups have distinctly different operational responsibilities are based at different locations, have a different arrangement of hours and are on different grades in Council?s salary system. Workload issues have also been identified as a potential issue.

 

A more feasible solution and desirable outcome is that town services remain within the Works Section and that the Works section be divided between the Senior Overseer and Overseer?s Assistant (with this position to be retitled Overseer) with both positions reporting directly to the Manager Civil Works.

 

Under the proposed structure, the Senior Overseer?s span of control would be reduced from 30 staff (18 direct reports and 12 indirect reports) to 22 (14 direct reports and 8 indirect reports) and the Assistant Overseer (ie Overseer) would increase from 5 staff to 14 staff (9 direct reports and 5 indirect reports).

 

The actual positions/crews reporting to each position would be as follows:

 

Senior Overseer

 

Overseer

Depot Supervisor (1)

Road Construction Crew (2)

Bridge Crew (5)

Grading Crews (6)

Backhoe Operator (1)

Excavator Operator (1)

Loader Operator (1)

Relief Operator (1)

Truck Drivers (4)

 

Works Assistant (1)

Town Services Attendants (5)

Concrete Crew (4)

Bitumen Crew (3)

Signs Maintenance Officer (1)

 

 

The following SWOT analysis clearly indicates some of the benefits to be derived. It is anticipated that there will be some difficulties because of the small workforce and limited plant and equipment. However, this can be managed with more careful planning and closer collaboration between the Manager Civil Works, Senior Overseer and Overseer.

 

Strengths

 

?????? Reduction in Senior Overseer?s workload to a more manageable level

?????? More effective use of Assistant Overseer?s time and capabilities

?????? No change required to current Waste section structure

?????? More effective supervision of workforce

?????? Better planning of projects and works programs

?????? Better data collection and reporting

?????? Cost savings due to better planning and more effective utilisation of resources

 

Weaknesses

 

?????? Small workforce and fleet

 

Opportunities

 

?????? Career path progression

?????? Workforce planning

?????? Transfer of knowledge from Senior Overseer

?????? Improved response times, customer service

?????? Improved reporting

?????? Closer collaboration between Manager Civil Works, Senior Overseer and Overseer

?????? Increased leadership role for Manager Civil Works

?????? Increased management presence amongst operational staff??

 

Threats

 

?????? Accessibility of plant and equipment

?????? Lack of commitment from any or all of the key stakeholders

 

 


CONSULTATION:

 

General Manager

Director Engineering Services

Manager Civil Works

Senior Overseer

Overseer?s Assistant

Consultative Committee

United Services Union

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Lack of commitment from any or all of the affected staff (ie Manager Civil Works, Senior Overseer and Assistant Overseer) could threaten the success of the new structure. However, the affected employees have indicated they support the changes so the risk is unlikely.

 

There is a risk that competing demands for staff and plant between the two activities could create difficulties. However, this can be largely overcome by better planning and improved communications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The position of Overseer would require a new position description and job evaluation which is subject to consideration by MANEX.

 

Source of fund and any variance to working funds

 

 

Attachments:

1View

6027/2010 - Current and Proposed Works Section - Structure Charts

 

??


Ordinary Council Meeting - 1 April 2010

Restructure of Works Section

 

CURRENT ENGINEERING SERVICES WORKS SECTION

 

Chart 1 ? Excluding staff reporting to Senior Overseer

 

 

Organization Chart 

 



?CURRENT ENGINEERING SERVICES WORKS SECTION

 

Chart 2 ? Staff reporting to Senior Overseer

 

 

Organization Chart 

 

 

 

 

 

 

 

 



PROPOSED ENGINEERING SERVICES WORKS SECTION

 

Chart 3 ? Excluding staff reporting to Senior Overseer and Overseer

 

Organization Chart 

 



PROPOSED ENGINEERING SERVICES WORKS SECTION

 

Chart 4 ? Staff reporting to Senior Overseer and Overseer

 

Organization Chart 

 

 


?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.5????? SF1090??????????? 010410???????? Progress Report - Implementation of the Promoting Better Practice Report Recommendations

 

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

 

Summary:

 

Forty one (41) of the recommendations of the Promoting Better Practice Review have been completed or largely completed whilst nine (9) recommendations are incomplete.? Major outstanding recommendations relate to internal audit and asset management.? The draft 2010/11 budget makes provision for funding for an internal audit function.

 

 

Recommendation:

 

The progress report on the implementation of the Promoting Better Practice Report recommendations be received and referred to the Division of Local Government.

 

 

OPTIONS:

 

There are no real options.? The Division of Local Government has requested advice on the progress of implementing the Promoting Better Practice Report recommendations by 30 April 2010.

 

 

DISCUSSION:

 

The Division of Local Government wrote to Council on 3 June 2009 acknowledging the work which had been undertaken to comply with the recommendations of the Promoting Better Practice Report and seeking a further progress report on the implementation of the recommendations no later than 30 April 2010.? In particular the Division seeks advice on progress with the implementation of an internal audit function.

 

An updated status report is attached.? Forty one (41) of the recommendations of the Promoting Better Practice Review have been completed or largely completed whilst nine (9) recommendations are incomplete.? Major outstanding recommendations relate to internal audit and asset management.? The draft 2010/11 budget makes provision for funding for an internal audit function.

 

 

CONSULTATION:

 

There has been consultation with senior management.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no direct implications for the environment.

 

Social

 

There are no direct social implications.

 

Economic

 

There are no direct economic implications.

 

Risk

 

There are no direct risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current and future budgets.? A provision has been made in the budget for 2010/11 for an internal audit function.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

 

Attachments:

1View

6370/2010 - Updated status report

 

??


Ordinary Council Meeting - 1 April 2010

Progress Report - Implementation of the Promoting Better Practice Report Recommendations

 

NAMBUCCA SHIRE COUNCIL

 

PROMOTING BETTER PRACTIC REVIEW ACTION PLAN AS AT 15 MARCH 2010

 

51 Actions/ 40 Completed/ 11 Incomplete

 

1.??????

RECOMMENDATION

ACTION PROPOSED

TIME

FRAME

RESPONSIBLE DIVISION

(+ Position)

PROGRESS REPORT

1.?????? Council prepare a 10-20 year Strategic Plan as the overarching document that links the corporate vision, Management Plan, Operational Plan, financial statements and other planning documents. This is a high priority.

1.1.? In 2008, the previous Council reviewed its Vision and Mission and adopted a 20 year strategic management plan.

Completed

Corporate Services

Completed.? But now subject to Integrated Planning & Reporting.

1.2.? Council does not have the software to readily link disparate plans, meaning they can contain conflicting objectives or not be aligned with the Vision & Mission.? Difficult, if not impossible, to link the Actions and KPI?s in the Management Plan with the budget.? Investigation of software and staffing requirements undertaken and beyond Council?s means.

Completed

Corporate Services - General Manager & Manager Financial Services

Completed.? Not buying new software.?? Lack staff to implement for $70,000 cost.

2.?????? The Vision and Mission Statements should be included in Council policy and other key documents to reinforce among staff and the community the values that the organisation upholds.

2.1? The Vision and Mission statements have been recently reviewed and have been included in all key documents and community publications.

Completed

All Divisions but Corporate Services to follow up - General Manager

Completed

3.?????? In association with the preparation of the Strategic Plan, Council should arrange for a review of the Vision and Mission Statement to ensure that it complements Council?s new strategic focus.

3.1? In 2008 Council reviewed its Vision and Mission Statements.? This review was undertaken following a community satisfaction survey in 2007.

Completed

Corporate Services

Completed

4.?????? Council?s web site should be enhanced by inclusion of key documentation such as financial performance, fundamental management information and meeting minutes for the previous two years, as well as an improved search function.

4.1? Key management reports have been placed on the website.? Council has acquired InfoCouncil software which automatically posts the Council?s minutes.? All minutes for 2008 on website with a search engine.

Completed

Corporate Services

Completed

5.?????? Formal code of conduct training needs to be included in the proposed committee training programs and future councillor induction.

5.1? Code of Conduct training by Fraud Prevention Services as an induction for the new Council undertaken on 10 November 2008.

Completed

Corporate Services - Manager Human Resources

Completed

6.?????? Council should review the effectiveness of its internal reporting policy and the procedures contained within the policy.

There is a policy from 1996 ? Internal Disclosures (Confidential) Procedures (doc 23282/2007) which has been reviewed.

Completed

Corporate Services ? General Manager

Completed

7.?????? Council should prepare a Statement of Business Ethics for external parties dealing with Council and outline penalties for breaches of the requirements of this statement.

A number of Councils have such statements with their contract documentation.? A policy has been adopted and incorporated in the procurement procedures policy and manual.

Completed

Engineering Services - Manager Civil Works

Completed

8.?????? Council should review the preparation of its Management Plan template to ensure that all legislative requirements are included and that this Plan more effectively translates Council?s ambitions to the community in a more concise, easily referenced document.

The provisions of Section 403(2) in relation to environmental protection have been checked.? Much of the background discussion of this recommendation concerns the need to improve the actions and linkages between Council?s strategic planning documents and particularly the management plan and budget.? Template has been reviewed by Council.

Completed

Corporate Services - General Manager & Manager Financial Services

Completed

9.?????? The key performance indicators in each area of the Management Plan should be included as an element in the Directors? work agreements to demonstrate a quantitative ?results based? reporting of activities under their responsibility.

Use of integrated management and reporting software has been investigated but rejected on cost grounds.?? Management Plan KPI?s have been included in Directors? performance agreements.

Completed

Corporate Services - General Manager and Manager Human Resources

Completed

10.??? Council should conduct a risk assessment across all operational areas to identify the levels of risk exposure that are yet to be addressed.

An external contractor has assisted Council staff in a review of risk exposure across the organisation.? The risk assessment has been completed and adopted by Council.

Completed

Corporate Services - Manager Human Resources

Completed

11.??? Council should consider the establishment of an internal audit function that might comprise a shared internal auditor and/or an Internal Audit Committee.

Enquiries have been made with other Mid North Coast Councils regarding the possibility of sharing an internal auditor and/or audit committee.? Expressions of interest have been obtained from 3 contractors.? A provision of $35,000 has been made in the draft budget for 2010/11.? Potential to share audit committee members with Bellingen Shire Council.

1/08/10

Corporate Services - General Manager

Incomplete but planned to be underway by 1 August 2010.

12.??? Council should prepare a fraud and corruption prevention plan and undertake a fraud risk assessment.

Contractor has completed work.

Completed

Corporate Services - General Manager

Completed

13.??? Council should establish a system for internal reporting of legislative or regulatory non-compliance and fines/penalties/prosecutions against Council.

A standard report has been listed for MANEX and the minutes will also be periodically reviewed by the internal auditor.

Completed

Corporate Services - General Manager

Complete

14.??? Council should review its code of meeting practice and meeting practices generally to minimise the use of ?questions without notice?.

Code of meeting practice has been reviewed and ?questions without notice? have been removed from the agenda.

Completed

Corporate Services - General Manager

Completed

15.??? Council should develop a formal induction program for councillors with core subject content, in preparation for the next local government election in September 2008. This should include training on managing conflicts of interests.

Two half day workshops with Council staff occurred as well as inspections of work sites at the October Works Committee meeting.? Code of Conduct training held on 10 November 2008 and there was DLG training on 21 November 2008

Completed

Corporate Services - General Manager & Manager Human Resources

Completed

16.??? Council should identify the individual development needs of councillors within a training and development schedule, as well as current attendance at conferences and seminars.

Manager Human Resources provided a survey of available training to Councillors at their induction.

Completed

Corporate Services - Manager Human Resources

Completed

17.??? Council should develop a formal policy and procedures for the purchasing of goods and services and disposal of assets.

A policy and procedures manual has been adopted.

Completed

Engineering Services - Manager Civil Works

Completed

18.??? Council should include in its policy procedures to deal with complaints from third parties concerning procurement and disposal of assets.

Has been addressed as part of 17.

Completed

Engineering Services - Manager Civil Works

Completed

19.??? As a general risk assessment protocol, Council should regularly review and analyse potential risk exposure within Council?s procurement and disposal practices to minimise potential corrupt conduct and financial loss through non-compliance.

Undertaken as part of risk assessment in recommendations 10 & 12.? Will also be referred to internal auditor.

Completed

Corporate Services - Manager Human Resources

Completed

20.??? Council should review its policy made under section 252 of the Act to ensure that it complies with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors for Local Councils in NSW, issued by the Department in May 2007.

The policy has been reviewed and was reported to Council?s meeting on 2 October 2008.

Completed

Corporate Services - General Manager

Completed

21.??? Council should produce a comprehensive set of records management procedures or guidelines to assist staff in complying with the requirements of the State Records Act.

A records management policy and plan was adopted by Council on 19 February 2009.

Completed

Corporate Services - Records Officer and General Manager

Completed

22.??? Delegations should be reviewed at least every two years or whenever a change in the responsibility of a council officer or committee member requires such a change.

Staff delegations are being reviewed annually as part of the performance review process for staff.? Delegations for Section 355 Committees of Management have also been reviewed.

Completed

Corporate Services - General Manager

Completed

23.??? Council should develop an audit program to examine the exercise of delegations on a regular basis.

Expenditure delegations are already the subject of external audit.? Audit program for other delegations to be referred to internal auditor.

1/08/10

Corporate Services - General Manager

Incomplete.? To be considered as part of internal audit program.

24.??? Council should develop a complaints policy and procedure to define a complaint and specify processes for dealing with them.

Council has acquired the ?Merit? customer request management system.? Policy developed.

Completed

Corporate Services - Manager Information Technology and General Manager

Completed

25.??? Council should provide staff with training on complaint handling.

Customer service training undertaken.

Completed

Corporate Services - Manager Human Resources

Completed

26.??? Council should prioritise the development and adoption of an Information and Communication Technology Strategic Plan.

Information Technology Strategic Plan prepared and adopted by Council.

Completed

Corporate Services - Manager Information Technology

Completed

27.??? Council should review the General Manager?s performance management process to ensure it is consistent with the Performance Management Guidelines for General Managers.

This has been reported to Council?s meeting on 2/10/08 in relation to the appointment of Committees.? Performance monitored by a Committee in accordance with performance management guidelines.

Completed

Corporate Services - General Manager

Completed

28.??? Council should encourage greater involvement from community groups who may contribute environmental data that could be incorporated effectively into State of the Environment reports.

The Supplementary State of Environment Report is now advertised for information and public comment.

Completed

Environment & Planning - Director Environment & Planning

Completed

29.??? Council should ensure that it is provided with a detailed and accurate account of section 94 contributions to demonstrate that the fund is compliant.

There has been an increased commitment to the review & accounting of Section 94 plans through the employment of a Section 94 officer with Bellingen & Kempsey.? Responsibility in Council has also been transferred to finance.? Whilst the KPI is on-going, there is a program in place for the review of plans.

Completed

Corporate Services - Manager Financial Services

Completed

30.??? Council should prepare a formal enforcement and prosecution policy.

Council adopted a Compliance, Enforcement and Prosecution Policy at its meeting on 1/4/2009.

Completed

Environment & Planning - Director Environment & Planning

Completed

31.??? Council should finalise risk-based strategies for reporting non-compliance with environmental standards and unauthorised development.

Risk-based strategies to be developed.

30/06/2010

Environment & Planning - Director Environment & Planning

Incomplete

32.??? Council should inform the community on the provision of assistance in identifying areas of non-compliance with environmental standards and unauthorised development.

The report notes that Council does not provide information to the community on mechanisms to report suspected non-compliance and unauthorised development.? Consideration will need to be given to a marketing campaign and complaints reporting system to achieve this.

31/03/09

Environment & Planning - Director Environment & Planning

Incomplete.? Web based reporting system being considered.

33.??? Council could consider the possibility of upgrading the pound facilities or alternatively utilise the services of an animal welfare organisation.

Council has undertaken a program to upgrade the pound.

30/06/11

Environment & Planning - Manager Health & Building

Stages 1 & 2 of pound upgrade completed.? Final stage in 2010/11 budget.

34.??? Council should develop a Companion Animals Management Plan, as required under the regulation.

Plan completed and adopted by Council.

Completed

Environment & Planning - Manager Health & Building

Completed

35.??? Council should address deficiencies identified in the Environmental Management Systems study of the Council depot at Macksville to initiate action to overcome potential pollution risks from the site.

There has been a programmed upgrade of the Council depot in response to the study.? Roof being provided over wash down bay in 2009/10 financial year, oil separator being installed.? Fuel tanks no longer used.

31/12/09

Engineering Services - Director Engineering Services

Completed or programmed for completion.? Fuel tanks decommissioned.? Covered wash down bay and oil separator in 2009/10 budget.

36.??? On completion of the Asset Management Plan, Council should continually review its long-term financial plan with more accurate infrastructure life cycle costs and link it with the development of the new Strategic Plan.

Longer term goal.

30/06/10

Corporate Services - Manager Financial Services

Incomplete.? Position of Asset Manager created and appointee commenced in January 2010.

37.??? Council should accelerate action to purchase asset management system software and provide increased staff resources and training in the software system to facilitate the data collection completion and implementation of this system.

Asset management software has been reviewed by staff.?? Following completion of valuation of remaining assets by 30/06/10, Council?s Asset Manager proposes to review the available software.? At this stage no provision has been made for funding in 2010/11.

31/12/2011

Asset Manager and

Corporate Services - General Manager

Incomplete.? Under investigation.

38.??? Council should complete plans of management for all community land that it owns or is under its care and control.

Land register needs to identify community land which does not have a plan of management as the first step.

31/06/10

Engineering Services - Director Engineering Services with assistance from Property Officer and GIS officer.

Incomplete

39.??? Council should deposit income from its Crown reserves that are under its care and control into a trust fund.

Advice received from the Dept. of Lands at Grafton is that they will not support an ?umbrella trust?.? Unable to progress the matter any further.

Completed

Corporate Services - Manager Financial Services

Completed

40.??? Council should prepare formal business plans for its major businesses.

Development plans prepared for the pool complex; saleyards and land development activities.

Completed

Corporate Services - Manager Business Development

Completed

41.??? Council should develop strategies to deal with the impact of its ageing population on its services and infrastructure needs.

Proposed to build on work undertaken in other Councils.? Will need to link with other government agencies, particularly the Dept. of Ageing, Disability and Home Care and the Community Services Committee.

31/12/2010

Environment & Planning - Manager Community & Cultural Services

Underway but incomplete.? Manager has met with agency reps.? Regional approach being considered.

42.??? Council should prepare a guarantee of service to assist it in meeting its obligations to the community and establish a clear set of service standards and benchmarks against which its performance can be measured.

Council has implemented Merit customer request software but does not have service standards by request type.? There is an escalation provision but no set of service standards by request type.? Council receives about 1,700 requests a year over 54 different categories.? Council will likely lack staff resources to meet defined service standards.

30/06/2010

Corporate Services - General Manager & Manager Information Technology

Incomplete.? Merit now implemented and service standards to be refined.

43.??? The review of the Nambucca Economic Development Plan would be further strengthened by indicating the period for which it is developed and to better define future outcomes, as well as specific measurable outcomes for achievement of its defined strategies.

The Nambucca Economic Development Plan has been updated.

Completed

Corporate Services - Manager Business Development

Completed

44.??? Council should evaluate its current workforce and determine strategies to deal with an ageing workforce.

Strategies developed and adopted by Council in December 2009.

Completed

Corporate Services - Manager Human Resources

Completed

45.??? Council should develop a long-term workforce plan that is designed to ensure that Council?s human resources needs are integrated into Council?s strategic and operational priorities.

Workforce plan has been developed and adopted by Council in December 2009.

Completed

Corporate Services - Manager Human Resources

Completed

46.??? Council should complete a human resources strategy to give direction to the human resources function.

Human resources strategy was completed in May 2009.

Completed

Corporate Services ? Manager Human Resources

Completed

47.??? Council should review all human resources policies and procedures at least every three years or when legislative or other changes demand.

80% complete

31/12/2010

Corporate Services ? Manager Human Resources

Mainly completed

48.??? Council should extend the comprehensive training plan developed for the outdoor staff across the whole organisation.

Completed in march 2009.

Completed

Corporate Services ? Manager Human Resources

Completed

49.??? Council should review the current grievance policy and ensure that it has a process in place to monitor grievance notifications.

Grievance policy reviewed in March 2009.

Completed

Corporate Services ? Manager Human Resources

Completed

50.??? Council should consider an employee attitude survey to help determine the key workforce issues that impact on the organisation.

Completed

Completed

Corporate Services ? Manager Human Resources

Completed

51.??? Council should review its secondary employment application form to request more detail from applicants regarding potential conflict of interest and include comments from the General Manager for reasons for his decision.

Completed in December 2008.

Completed

Corporate Services ? Manager Human Resources

Completed

 

?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.6????? SF341????????????? 010410???????? Valla Beach Urban and Hall Committee of Management - Minutes of Annual General Meeting - 17 February 2010

 

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

 

Summary:

 

The report acknowledges the annual general meeting of the Valla Beach and Urban Hall Committee of Management, which was held on Wednesday 17 February 2010, and the new Committee.

 

 

Recommendation:

 

That Council endorse the minutes of the Annual General Meeting of the Valla Beach and Urban Hall Committee of Management which was held on 17 February 2010 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Valla Beach Urban and Hall Committee of Management was held on 17 February 2010.

 

The Committee of Management for 2010/2011 comprises:

 

????????? President ?????????????????????? Robert Shackleton

????????? Vice President???????????????? Graham Jones

????????? Secretary??????????????????????? Peter Veryard

????????? Treasurer???????????????????????? Pete Rundle

????????? Committee Members??????? Cath Niezgoda;? John Windmill;? Mel Best

????????? Market Coordinator Jacki Ryan

????????? Anderson Park

????????? ?? Coordinator?????????????????? Michael Major

 

 

CONSULTATION:

 

None.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Valla Beach and Urban Hall provides a social facility for residents and visitors including regular community Markets.

 


Economic

 

There are no economic implications.

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

 

Attachments:

1View

5782/2010 - Minutes of AGM - 17 February 2010

 

2View

6110/2010 -? Financial statements

 

??


Ordinary Council Meeting - 1 April 2010

Valla Beach Urban and Hall Committee of Management - Minutes of Annual General Meeting - 17 February 2010

 



?


Ordinary Council Meeting - 1 April 2010

Valla Beach Urban and Hall Committee of Management - Minutes of Annual General Meeting - 17 February 2010

 

?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.7????? SF968????????????? 010410???????? Nambucca Valley Netball Association - Minutes of Annual General Meeting - 3 November 2009

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Nambucca Valley Netball Association Committee of Management, which was held on Sunday 3 November 2009, and the newly elected Committee.

 

 

 

Recommendation:

 

That Council endorse the minutes of the Annual General Meeting of the Nambucca Valley Netball Association Committee of Management which was held on 3 November 2009 including the financial statement and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Nambucca Valley Netball Association Committee of Management was held on 3 November 2009

 

The Committee of Management for 2009/2010 comprises:

 

????????? President ???????????????????????????????? Melanie Angel

????????? Vice President????????????????????????? Anne Peterkin

????????? Secretary????????????????????????????????? Jill Brown

????????? Treasurer????????????????????????????????? Judi Woodland

????????? Rep Secretary?????????????????????????? Robyn Madeley

????????? Umpires Convenor???????????????????? Vicki Coombes

????????? Coaching Convenor????????? Helen Black

????????? Assistant Canteen Convenor?????? Judi Woodland

????????? Registrar?????????????????????????????????? Robyn Madeley

????????? Match Secretary??????????????????????? Jill Brown

????????? Public Officer??????????????????????????? Judi Woodland

????????? Publicity Officer???????????????????????? Jodi Crow

 

CONSULTATION:

 

Nambucca Valley Netball Association Committee of Management

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

The Nambucca Valley Netball Association provides both social and sporting opportunities and facility for adults and children of the Valley and visiting teams.

 

Economic

 

There are no economic implications.

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

Attachments:

1View

2653/2010 - Minutes of AGM - 3 November 2009

 

2View

6385/2010 - Financial Statements 1 October 2008 to 30 September 2009

 

??


Ordinary Council Meeting - 1 April 2010

Nambucca Valley Netball Association - Minutes of Annual General Meeting - 3 November 2009

 







?


Ordinary Council Meeting - 1 April 2010

Nambucca Valley Netball Association - Minutes of Annual General Meeting - 3 November 2009

 



?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.8????? SF332????????????? 010410???????? Scotts Head Tennis Club - Minutes of AGM 17 March 2010 & Financial Statement to 28 February 2010

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Scotts Head Tennis Club Committee of Management which was held on Wednesday 17 March 2010, and the newly elected Committee.? The Committee also provided its Financial Statement for the year ended 28 February 2010.? Copies of the Minutes and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Annual General Meeting of the Scotts Head Tennis Club Committee of Management which was held on 17 March 2010 including the financial statement and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

DISCUSSION:

 

The Club?s Annual general Meeting was postponed from 10 to 17 March 2010 and to date no report has been provided for Council?s consideration.

 

CONSULTATION:

 

None.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

There are no implications on working funds.

 

Attachments:

1View

7232/2010 - Minutes of AGM-17 March 2010

 

2View

6970/2010 - Financial Statement to February 2010

 

??


Ordinary Council Meeting - 1 April 2010

Scotts Head Tennis Club - Minutes of AGM 17 March 2010 & Financial Statement to 28 February 2010

 



?


Ordinary Council Meeting - 1 April 2010

Scotts Head Tennis Club - Minutes of AGM 17 March 2010 & Financial Statement to 28 February 2010

 


?


Ordinary Council Meeting

1 April 2010

General Manager's Report

ITEM 8.9????? SF617????????????? 010410???????? Request for use of Macksville Showground by motorhomes and installation of a sewerage dump point

 

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

 

Summary:

 

A local resident, Mr Bob Phipps, who is also an enthusiastic member of the CMCA, is seeking Council?s support for the use of the Macksville Showground by self contained vehicles who may wish to overnight or make short term stays.? He also proposes that a sewage dump point be provided at the Showground which would allow self contained vehicles to empty their grey and black water and take on potable water.? The expectation is that the camping fee for self contained vehicles would be minimal, sufficient to cover out of pocket expenses in relation to the removal of solid waste, the provision of water and maintenance of the dump point.

 

In terms of using the Macksville showground for overnight or short term stays by RVs, it is a matter for the Showground Committee of Management which is responsible for maintaining the showground and managing its day to day operations.? They would have to manage this camping and the collection of any camping fees.? There would be additional costs, eg insurance, solid waste disposal, and water which would need to be considered in setting a camping fee.? If the Committee is agreeable to a camping arrangement then a dump point could be provided.

 

Council has insufficient staffing of its own to manage camping at the Showground.

 

 

Recommendation:

 

That Council seek the views of the Macksville Showground Committee of Management to the establishment of limited term camping for ?self contained? recreational vehicles at the Macksville Showground and also to the installation of a sewage ?dump point? for use by recreational vehicles.

 

 

OPTIONS:

 

There are limited options.? Council relies on the Showground Committee of Management to operate the facility.? Council has insufficient staffing of its own to manage camping at the Showground.

 

 

DISCUSSION:

 

According to figures supplied by the Campervan and Motorhome Club of Australia (CMCA) there are 330,000 campervans, caravans and motorhomes registered in Australia, with 70,000-80,000 on the road at any one time with their occupants spending an average of $500 per week.

 

Most people will be aware of the dramatic changes in the self contained motor home or recreational vehicle market over the past 10 years whereby the self contained RV, whether towed or self-propelled is now common place.? These vehicles invariably contain a toilet, shower, water tanks, fridge, solar panels and/or generator, computers, GPS and air conditioning.? When they visit an area, the only extra services they require are a dump point, a water tap, and somewhere to dispose of rubbish.? The benefit to the local community is the additional spend provided by short term stays.

 

From discussion with some members of the CMCA and also their dump point promotion, it would seem they prefer to avoid the tariffs at local caravan parks for the reason they are largely self contained.? An enquiry made with a local caravan park indicates they have 26 sites which are suitable for self contained motorhomes, with tariffs ranging from $30 per night in the off season to $45 per night in the Christmas peak period.

 

A local resident, Mr Bob Phipps, who is also an enthusiastic member of the CMCA, is seeking Council?s support for the use of the Macksville Showground by self contained vehicles who may wish to overnight or make short term stays.? He also proposes that a sewage dump point be provided at the Showground which would allow self contained vehicles to empty their grey and black water and take on potable water.? The expectation is that the camping fee for self contained vehicles would be minimal, sufficient to cover out of pocket expenses in relation to the removal of solid waste, the provision of water and maintenance of the dump point.

 

The CMCA has a dump point subsidy scheme whereby they will supply dump point installations to Councils at no cost subject to the Council installing the dump point as a free public facility that is available for use at least during normal daylight hours every day.

 

Mr Phipps has gathered numerous letters of support from business houses which are a circularised document.? The letter states as follows:

 

?In regard to the outstanding growth of the number of Recreational Vehicle numbers, with a reported 80,000 vehicles on the road at any one time, I would like to request that Council takes whatever steps are thought necessary to make such travellers more than welcome in our Shire.

 

In particular I would welcome participation in the CMCA (Campervan and Motorhome Club of Australia) RV FRIENDLY TOWN scheme with its relevant signage and associated publicity to its current membership of over 56,000.

 

In October the Macksville showground is the site for over 250 vans from the Solos? Network of the CMCA, and also in October, Port Macquarie is hosting a National Rally which will be limited to 1,000 vans.

 

Many of these travellers will be passing through the Nambucca Valley at this time, and could be encouraged to stay for at least several days.

 

With these sort of numbers arriving, it would be great to have the scheme well in operation before then.

 

As previously advised, the CMCA will provide dump points, which the Council may install at suitable locations, such as the Macksville showground.

 

We urge Nambucca Shire to do whatever possible to encourage the CMCA to declare Macksville and Nambucca Heads to be RV Friendly Towns.

 

In terms of using the Macksville showground for overnight or short term stays by RVs, it is a matter for the Showground Committee of Management which is responsible for maintaining the showground and managing its day to day operations.? They would have to manage this camping.? There would be additional costs, eg insurance, solid waste disposal, and water which would need to be considered in setting a camping fee.? If the Committee is agreeable to a camping arrangement then a dump point could be provided.

 

The Showground is operational land and the creation of an overnight or short term camping area would require development consent.

 

 

CONSULTATION:

 

There has been consultation with one member of the executive of the Showground Committee of Management, a local caravan park proprietor, members of the Solos group and Mr Phipps.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no significant implications for the environment.


 

Social

 

There are no social implications.

 

Economic

 

The CMCA believes there are considerable economic benefits to local communities in becoming an RV friendly town.

 

Risk

 

The dump point provides a direct connection to Council?s sewer.? The opportunity would exist for trade waste to be illegally dumped by an unscrupulous contractor.? For this reason it is desirable that there either be passive surveillance of the dump point, for example by campers in a camping ground, or alternatively that it be locked at night.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no impact on Council?s budget.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

?- Circularised - Letters from business houses.

 

??


Ordinary Council Meeting - 1 April 2010

Request for use of Macksville Showground by motorhomes and installation of a sewerage dump point

 

 

 

 

 

CIRCULARISED DOCUMENT

 

 

Request for use of Macksville Showground by motorhomes and installation of a sewerage dump point

 

 

 

?Letters from business houses.

 

??


Ordinary Council Meeting

1 April 2010

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 010410???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 March 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.

Awaiting approval of Masterplan from DoP. If Masterplan not approved application will be withdrawn.
11/2/10 14 day letter sent to applicant requesting update on application for waiver of Masterplan and requesting withdrawal of DA if no progress forthcoming.
Applicant has advised Council that application for waiver of Masterplan has been prepared and submitted to the Department of Planning on 15/3/10 ? still awaiting response.

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2010/087

12/01/10

Addition to Deck

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

? Obtrusive nature of structure and impact on privacy

? Impact on northern view ? request alternative design

The submissions are being considered and addressed in the assessment of the application.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 April 2010

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 010410???????? DA's and CDC's Received and Determined under Delegated Authority 23 February-8 March 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
8-22 MARCH 2010

DA Number

Application Date

Development

Address

2010/119

08/03/2010

Dwelling - House

Lot 18 DP 1107549, 112 Eungai Creek Road, Eungai Creek

2010/120

08/03/2010

Dwelling - House

Lot 16 DP 1048659, 2 Tern Close, Scotts Head

2010/121

08/03/2010

Additions to Fire Service Building

Lot 176 DP 748359, Valla Beach Road, Valla Beach

2010/122

10/03/2010

Enclosed Patio Cover

Lot 124 DP 710507, 2 Begonia Crescent, Nambucca Heads

2010/123

11/03/2010

Dual Occupancy? - Second Dwelling

Lot 3 Section 7 DP 244537, 1 Henderson Street, Valla Beach

2010/124

12/03/2010

Dwelling and Bed & Breakfast

Lot 9 DP 726461, 349 Lower Buckrabendinni Road, Buckrabendinni

2010/125

12/03/2010

Replace existing deck

Lot 1 Section 47 DP 758749, 50 Charlton Street, Nambucca Heads

2010/126

12/03/2010

Deck

Lot 1 Section 47 DP 758749, 50 Charlton Street, Nambucca Heads

2010/127

15/03/2010

Continued Use of Enclosed Deck

Lot 20 DP 791609, 13 Marshall Way, Nambucca Heads

2010/128

18/03/2010

Shed and On-site Sewage Management System

Lot 104 DP 1117507, Pickett Hill Close, Valla

2010/129

18/03/2010

Dwelling-House, Carport and Shed

Lot 52 DP 1106338, Wards Lane, Utungun

2010/130

18/03/2010

Dwelling Additions/Alterations

Lot 121 DP 1012643, 2 High Street, Nambucca Heads

2010/131

19/03/2010

Carport

Lot 3 DP 841964, 13 Rogers Drive, Valla Beach

2010/132

19/03/2010

Dwelling-House

Lot 16 DP 1096192, 17 Nancye Roberts Drive, Macksville

2010/627

18/03/2010

Dwelling Additions

Lot 3 DP 841964, 13 Rogers Drive, Valla Beach

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 9-22 MARCH 2010

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/080

Lot 82 DP 581223, 14-22 Boundary Street, Macksville

Construction of Cancer Resource Centre and erection of signage

85,000

2010/101

Lot 125 DP 1039015, 20 Thornbill Glen, Nambucca Heads

Dwelling ? House

199,548

2006/206/01

Lot 1 DP 805054, 14-20 Alberta Street, Bowraville

Six (6) lot residential subdivision comprising two (2) Torrens Title lots and four (4) development (residential) Community Title lots, and relocation of the existing dwelling-house

0

2010/104

Lot 1 Section 9 DP 758749, 30 Parkes Street, Nambucca Heads

Dwelling Additions

150,000

2010/106

Lot 61 DP 1058432, 193 Florence Wilmont Drive, Nambucca Heads

Garage and water tank

14,000

2010/108

Lot 1 Sec 7 DP 244537, 77 Valla Beach Road, Valla Beach

Deck and Carport

45,000

2010/098

Lot 1 DP ;864618, 192 Talarm Road, Talarm

Glass Enclosure

53,900

2010/115

Lot 123 DP 1039015, 24 Thornbill Glen, Nambucca Heads

Carport and Patio Cover

23,000

2010/037

Lot 121 DP 548567, 68 Gumma Road, Gumma

Dwelling-House

340,378

2010/626

Lot 86 DP 261645, 34 Glenmore Crescent, Macksville

Deck

15,000

2010/625

Lot 265 DP 755550, 27 Liston Street, Nambucca Heads

Dwelling Additions

35,000

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

1 April 2010

Director Environment & Planning's Report

ITEM 9.3????? SF785????????????? 010410???????? Crime Prevention Grant Application? "Crime Prevention Through Environmental Design"? Audits On Public Infrastructure

 

AUTHOR/ENQUIRIES:???? Colleen Henry, Community Safety Project Officer ????????

 

Summary:

 

Council is eligible to apply for funding from the New South Wales Attorney General's Crime Prevention program under its endorsed Crime Prevention Plan and Safer Community Compact. The current funding round closes on 6 April and a grant application has been developed which would employ a part-time project officer to implement the $50,000 crime prevention program. The proposed program is based on the same Crime Prevention Through Environmental Design (CPTED) practices employed in the Safer Women Around Nambucca Shire (SWANS) program, however the focus of the crime prevention audits in the new program would be Nambucca Shire Council's public infrastructure such as car parks, ovals, recreation centres and halls.

 

The purpose of this report is to:

 

?????????????? advise Council that the grant application has been prepared;

?????????????? outline the time-frames and project details; and

?????????????? advise Council that if successful, the grant would employ a part-time person for the one-year project.

 

 

Recommendation:

 

That Council endorse the project details and approve the submission of the grant application for $50,000 to the NSW Attorney General's Crime Prevention Program.

 

 

OPTIONS:

 

The Council could choose not to approve the submission of the grant application.

 

 

DISCUSSION:

 

Although not due for completion until June 2010, the Safer Women Around Nambucca Shire project has shown the practical benefits of applying safer by design principles to the public environment. As a result, Council staff have identified an opportunity to improve safety and lower the risk of crime around Council's own infrastructure by using the same approach. Council is already taking a number of measures to minimise risk, however by purposefully conducting CPTED audits, Council will have a more well rounded and proactive management of its assets. The CPTED audits would also provide supporting evidence for funding requests for capital works under various State and Federal grants, for example the lighting of the boardwalk along the river at Nelson Street, Nambucca Heads.

 

It is proposed that a part-time project officer would be employed to implement the project as soon as the grant has been approved. The project will be managed by the Manager Community and Cultural Services and will run for one year.

 

Information will be gathered from Council records to identify sites, and to compile a list of potential crime prevention audit requirements. Community consultation will be conducted to gather anecdotal information on any problem areas, as the use of these facilities or spaces is usually by community groups. This consultation will also raise public awareness of the program and of the crime prevention principles that could be applied to residential spaces, and would be done in conjuction with a media campaign targeting local newspapers and radio announcing the launch of the project. The use of Police and Council records will identify priority sites, and a second round of consultation will be conducted with residents and businesses nearest these facilities to identify additional issues, and "extend" information on CPTED, or designing out crime to them. It is likely that brochures and signage with crime prevention messages will be required at specific "hotspots" and the grant application makes provision for this.

 

The majority of the project's time would be spent on the conduct of safety audits. Following the completion of the audits, individual reports would be developed on each of the sites. These reports would inform the Council's operations and planning divisions and guide future work requirements. The information would also be used in any management plans for particular areas. For example, the Council is currently considering the redevelopment of the Nambucca River Foreshore at Macksville. A stream of the management planning process for that space could include the CPTED audit which would be made possible via this project.

 

The intended outcomes of the project are many-fold. There will be an increased awareness of CPTED and the need for crime prevention in the wider community, as the facilities that the Shire Council is responsible for are all community-based. The information gathered will inform Council's decision making processes related to the management of its resources, and there will be less opportunity for crime as the recommendations of the audits are implemented through Council.

 

The $50,000 grant would pay all costs associated with the project apart from in-kind support from the Council's Departments of Engineering Services and Environment and Planning in the identification of sites. The grant application also requests funding to put in place small-scale capital works, such as signage, which would be identified and recommended through the audit process.

 

 

CONSULTATION:

 

Manager Community and Cultural Services

Director Environment and Planning

NSW Police Force

NSW Attorney General's Office

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

None.

 

Social

 

Greater awareness of how to avoid crime in potential hotspots will improve people's well-being by reducing the opportunity for crime. The reduction of crime through the audits and the resulting implementation of recommendations will benefit the social fabric of the Shire by making people feel safer.

 

Economic

 

One of the aims of the crime prevention audits is to reduce the malicious damage to property. As the recommendations are implemented, there should be cost-savings to Council.

 

Risk

 

None.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The CPTED audits may result in recommended work around Council?s properties. It is expected that some of this work would be funded by annual maintenance budgets or the forward program of works, depending on the exact nature of the work required. If larger scale work was identified, this may require a specific new budget allocation and this would be assessed alongside requests for Council for funding, or could be the subject of a future grant application.

 

As noted above, the grant application has requested funding to put in place small scale capital works that come from the audit recommendations, and if successful, this would benefit Council's future budgets.

 

Source of fund and any variance to working funds

 

Grant Funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 April 2010

Director Environment & Planning's Report

ITEM 9.4????? SF1254??????????? 010410???????? Nambucca Valley Conservation Association vs Nambucca Shire Council & Mr Paul Joseph - DA 2004/136, East West Road, Valla

 

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

 

Summary:

 

The Nambucca Valley Conservation Association (NVCA) commenced a Class 4 action against Council in regard to its determination of DA 2004/136 for a rural residential subdivision (Lot 2 DP 548175, 346 East West Road Valla).?

 

Justice Biscoe of the Land and Environment Court heard the matter and handed down his judgement on 18 March 2010. Justice Biscoe states:

 

2????????? The challenge to validity (of the DA) is on five grounds:

 

1??????? the Council refused development application on about 8 July 2004 and all else done thereafter was inconsistent with the refusal;

2??????? essential documents were not before the Council:

a??????? a species impact statement, and

b??????? an environmental management plan or a draft condition requiring an environmental management plan;

3??????? The Council failed to consider mandatory relevant considerations;

4??????? The Council impermissibly deferred for later consideration important matters of environmental assessment;

5??????? The amended development application to which consent was eventually granted was not advertised as required by statute.

 

3????????? I uphold grounds 3 and 5, do not accept the other grounds and propose to grant relief.

 

Justice Biscoe Ordered:

 

245?????? The orders I propose are as follows:

 

1??????? Declaration that the development consent granted by Nambucca Shire Council on 21 August 2008 to development application DA 2004/136 for a subdivision at 346 East West Road Valla, is void.

 

2??????? The respondents (ie Council and Mr Joseph) are to pay 60 per cent of the applicant?s costs.

 

246?????? The orders will be as I have proposed unless by 4pm on 22 March 2010 a party delivers competing short minutes of proposed orders to me. The exhibits may be returned.

 

 

Recommendation:

 

1????????? That Council note the outcome of the Class 4 action in the Land and Environment Court by the Nambucca Valley Conservation Association Inc in regard to Development Application 2004/136.

 

2????????? That Council note that on advice from its legal advisors competing short minutes were not submitted and no challenge was made to the ?Short Minutes of Order? lodged by the Second Respondent (Mr Joseph) that the First Respondent (Council) pay 60% of the applicant?s costs.

 

 

 

3????????? That Council process DA 2004/136 by advertising and notifying the amended community title rural-residential subdivision and addressing all the relevant matters, including consideration of any new and previous submissions, relevant matters for consideration under Section 79C of the EP&A Act, including Clause 13 of the NLEP 1995, before final determination of the application by Council.

 

4????????? That the applicant be advised that before Council can further consider DA 2004/136 an updated supplementary flora and fauna report is required for Council?s consideration. Such report shall address any new information not previously considered that may impact on threatened species, populations or ecological communities, or their habitats. The report should determine the significance of any such impact and if a Species Impact Statement (SIS) is required in accordance with the Threatened Species Conservation Act 1995.

 

 

OPTIONS:

 

In accordance with the judgement handed down by Justice Biscoe no orders were made under 25B of the Land and Environment Court Act 1979. This essentially means that the development application is as it was on the date before Council granted development consent. As such, determination of the application is still pending. Given that the application is still outstanding it is considered that the only option for Council is address the issues raised in the judgement and make a final determination of the development application.

 

 

DISCUSSION

 

Justice Biscoe provided his findings of the Nambucca Valley Conservation Association (NVCA) Class 4 action against Council in regard to its determination of DA 2004/136 for a rural residential subdivision (Lot 2 DP 548175, 346 East West Road Valla) on 18 March 2010. The judicial review is provided in some detail in the 74 page judgement of the key issues, a copy of which has been circulated for Council?s information. Whilst Justice Biscoe has declared the development consent void, the NVCA were unsuccessful in the environmental considerations. These matters were addressed by Justice Biscoe in paragraphs 126, 144 & 165, which are reproduced below.

 

126:

Taking all relevant factors into account, I am satisfied on the evidence that the development is not likely to significantly affect the EEC or its habitat. Accordingly, S78A(8)(b) did not require the development application to be accompanied by a species impact statement on account of the effect on the EEC or its habitat.

 

144:

Taking all relevant factors into account, I am satisfied that the development is not likely to significantly affect the koala or its habitat. Accordingly, S78A(8)(b) of the EPA Act did not require the development application to be accompanied by a species impact statement on account of the effect on the koala or its habitat.

 

165:

?It would be anomalous if the Director could give conditional approval in the way that she did under the Koala SEPP but the Council could not do so in the same way on the same subject matter when granting development consent. In my view, the Council had power to impose such a condition under S80A(1)(a), (2) and (4) of the EPA Act.

 

Justice Biscoe upheld grounds 3 and 5 relating to a failure to consider mandatory relevant considerations and failure to advertise the amended proposal. The Court identified in [180] that Council did not take into account mandatory provisions by not referring to Clause 13, despite Council arguing that the relevant matters were considered. The Court identified [186] that Council failed to consider issues raised in a submission by not specifically addressing those issues in the Council report, despite Council staff believing that the issues were addressed through the subsequent amendments to the proposal including a revised lot layout and reduction in the number of proposed lots. The Court identified in [238] that Council failed to advertise the final amendment that was subsequently approved by Council.

 

The last point regarding readvertising as presented by Council was not supported by the Court. It was the view of the Director that the advertising of the final amendment was not required due to clause 9 of the 2000 DCP which provides for the dispensation of advertising in a number of circumstances with the following being the consideration applied at the time:

 

Where a development application has been publicly advertised or notified in accordance with this Plan, and the application is amended or substituted in response to submissions received

 

Justice Biscoe in paragraphs [202 ? 238] provides the basis for his determination that the current advertising DCP should apply. However, in paragraph [99] Justice Biscoe determined that the previous Section 5A, with its eight part test, should apply.

 

The judgement provided different interpretations in applying the provisions of the old and new DCPs relating to advertising, and the relationship between the old and subsequent legislation relating to Section 5A of the EP&A Act. This will direct future consideration by staff and Council.

 

Of concern is the order that the respondents are required to pay 60% of applicant?s costs. However, Councils barrister has advised that in light of recent case law, the 60% figure is a fair result. Further, she advised that ?it was not worth the risk in submitting short minutes to this point, as it could result in His Honour imposing a higher cost figure?.

 

The barrister advised that ?His Honour has not apportioned the Applicant?s costs between the two Respondents in order that they can agree on the apportionment between themselves.? However, before any agreement was reached the Second Respondent lodged ?Short Minutes of Order? that the First Respondent (Council) should pay the entire 60% of the Applicant?s costs. Council?s solicitors confirmed that Council is not well placed to contest the ?Short Minutes of Order? put in by the Second Respondent and therefore the General Manager and Mayor decided not to contest the submission.

 

Council?s barrister reviewed the judgement and Norton Rose has provided the following summary of her comments:

 

1??????? It was not possible to avoid the outcome on the first component of Ground 3 (the ground on mandatory considerations). Clause 13 was not referred to in the report to Council. The Court requested clarification of the section of the LEP maps showing the zoning, in particular the way in which the black edged circled areas operated and the coverage of zones, and as the LEP applied to the site. Council had an obligation to the Court to provide that clarification. Since clause 13 applied and was not referred to in the report, the conclusion followed that s 79C(1)(a)(i) was not observed. 

 

2??????? The other component of Ground 3 concerned the submissions. The problem for the Council was that some of the submissions were not annexed to the report. The Court apparently rejected the Council's submission that only the submissions made in response to the third amendment needed to be annexed. Biscoe J's approach at [187] - [191] to the presumption  raised some real questions about Biscoe J's fact finding. There was no evidence to rebut the presumption in relation to what occurred before the meeting. To some extent Biscoe J reversed the presumption and required the Council to adduce evidence as to what councillors read before the meeting. However if all the submissions had been annexed to the report  that was circulated to councillors, Biscoe J would probably have drawn an inference in favour of the Council. 

 

3??????? As to Ground 5, Council's primary position, that DCP 2000 applied, was not accepted. Biscoe J does not address the Council's submission that the  2000 DCP continued to apply to applications lodged while the 2000 DCP was in force. There are no transitional provisions  but literally the 2000 DCP applied. His Honour does not explain in [227] why the 2004 DCP applied to pending applications. Once he accepted that the 2004 DCP applied, Council was exposed to Biscoe J's tendency to require a council's opinion (here the opinion under reg 90(1)(b) that the amendments were minor)  to be spelled out in writing rather than inferred. I think the inference at [236] - [238] that Council did not form the opinion is difficult to draw. However this is a factual finding by the Court. 

 

With respect to the status of the development application, Council?s solicitor provided the following advice:

 

?The development application (as amended) is likely still pending - that is, it is open to Council to determine the DA in the near future. Of course Council will need to cure all the defects outline in His Honour's judgment prior to consenting to the application should it be mindful to do so.?

 

 

CONCLUSION:

 

Having regard to the judicial review and Council?s legal advice, it is now open for Council to continue its consideration and final determination of the development application. However, Council?s solicitor has cautioned that a full and proper assessment of the application should be undertaken before Council makes its final determination. In this regard it is considered prudent to require the applicant to submit an updated supplementary flora and fauna report for Council?s consideration. Such report should address any new information not previously considered that may impact on threatened species, populations or ecological communities, or their habitats. The report should determine the significance of any such impact and if a Species Impact Statement (SIS) is required in accordance with the Threatened Species Conservation Act 1995.

 

 

CONSULTATION:

 

General Manager

Norton Rose

Manager Planning and Assessment

Senior Town Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Council has incurred considerable costs associated with this court challenge which have an impact on General Fund.

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - Judgement on Nambucca Shire Council ats Nambucca Valley Conservation Association

 

??


Ordinary Council Meeting - 1 April 2010

Nambucca Valley Conservation Association vs Nambucca Shire Council & Mr Paul Joseph - DA 2004/136, East West Road, Valla

 

 

 

 

 

 

CIRCULARISED DOCUMENT

 

 

Nambucca Valley Conservation Association vs Nambucca Shire Council & Mr Paul Joseph - DA 2004/136, East West Road, Valla

 

 

 

- Judgement on Nambucca Shire Council ats Nambucca Valley Conservation Association

 

 

?


Ordinary Council Meeting

1 April 2010

Director Environment & Planning's Report

ITEM 9.5????? SF285????????????? 010410???????? Report on Community Services Committee Meetings - 10 November 2009 & 9 February 2010

 

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

 

Summary:

 

The Nambucca Shire Council Community Services Committee meetings which were held on 20 November 2009 and 9 February 2010 are attached for Council?s consideration.

 

The 10 November Minutes contain the following recommendations for Council?s attention and endorsement:

 

That on the motion of Paul Sekfy, seconded Denise Olsen, the Community Services Committee seeks the concurrence of Council to undertake a snapshot survey of community services sector, to establish the economic contribution to the Shire, noting that it would be at no cost to Council as the members themselves would be collecting and bringing forward the information.

 

That on the motion of Angie Evans, seconded Suzanne Homes, as part of the process (in Recommendation 1) Council?s Manager Community and Cultural Services provide a snapshot of Community Services at Council.

 

There are no recommendations to Council from the February 2010 meeting.

 

 

Recommendation:

 

1????????? That Council concur with the Community Services Committee?s request to undertake a snapshot survey of the community services sector, to establish the economic contribution to the Shire, noting that it would be at no cost to Council as the members themselves would be collecting and bringing forward the information.

 

2????????? That Council?s Manager Community and Cultural Services provide a snapshot of Community Services at Council as a part of the Community Services Committee survey.

 

 

OPTIONS:

 

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

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

3????????? Note the minutes with amendments to the recommendations.

 

 

DISCUSSION:

 

The November minutes were not presented to Council before this point as there were a number of matters which required clarification and amendment by the Committee, and this occurred at the Committee?s 9 February meeting.

 

The exact nature of the survey is yet to be developed by the Committee, however members have made it clear to Council that they do not require any resources to undertake it. Whether it is paper-based or electronic is still being discussed.

 

In the 2006 Census of the 5,448 people responding that they were employed, 780 (14.3%) were listed as working in Health Care and Social Assistance. There were many others employed in Administration and Support Services (117), and Education and Training (497), who may also be involved in delivering a community service. The Council?s Community Services Committee is interested to know more detail about the sector it represents eg how many people does it employ, how much funding supports these services and what is their economic contribution to the local economy? The Committee hopes that this survey will provide answers to those questions.

 

 

CONSULTATION:

 

Nothing required.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

Nothing specific arising from this report.

 

Economic

 

This report itself does not identify any specific economic implications, however the survey proposed by the Community Services Committee is aiming to quantify or explain the economic benefits to the local community of the community services sector.

 

Risk

 

Nothing identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact on the budget identified as the Committee members themselves have undertaken to conduct the survey at no cost to Council.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

30270/2009 - Minutes of the Community Services Committee held 10 November 2009

 

2View

7182/2010 - Minutes of the Community Services Committee held 9 February 2010

 

??


Ordinary Council Meeting - 1 April 2010

Report on Community Services Committee Meetings - 10 November 2009 & 9 February 2010

 

Present

 

Cr Paula Flack (Chairperson), Cr Elaine South, Ms Kerrie Bowtell, Ms Suzanne Homes, Ms Gillian Howie, Ms Angie Evans, Ms Denise Olsen, Mr Paul Sekfy, Ms Colleen Henry, Ms Vicki Fernance, Ms Patricia Walker.

 

Apologies

 

Ms Coral Hutchinson, Ms Jenny Zirkler, Mr Ross Chalmers.

 

 

Minutes Presented to the Committee on 9 February 2010

 

These Minutes were presented to the Committee at its meeting of 9 February 2010 when it was resolved:

 

RECOMMENDATION: That on the motion of Cr South, seconded Suzanne Homes the minutes from the previous meeting held 10 November 2009 be accepted with the amendments.

 

Amendments

 

???????? Glenn Robinson and Glenys Munro were apologies for the meeting.

???????? Cr Flack has been Community Services chair for 5 years not 6.

???????? Item 2 ? Community Services Function:

 

1??????? That on the motion of Paul Sekfy, seconded Denise Olsen, the Community Services Committee seeks the concurrence of Council to undertake a snapshot survey of community services sector, to establish the economic contribution to the Shire, noting that it would be at no cost to Council as the members themselves would be collecting and bringing forward the information. Carried.

 

2??????? That on the motion of Angie Evans, seconded Suzanne Homes, as part of the process Council?s Manager Community and Cultural Services provide a snapshot of Community Services at Council. Carried.

 

 

Declarations of Pecuniary Interest/Disclosure of Interest

 

None declared

 


Minutes of Previous Meeting ? Tuesday 8 September 2009

 

RECOMMENDATION: That on the motion of Paul Sekfy, seconded Denise Olsen the minutes from the previous meeting held Tuesday 8 September 2009 be accepted. Carried.

 

 

 

Business Arising from the Minutes

 

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

 

Cr Flack advised Council had received no feedback and/or letter about the motor rail rumour.

 

Correspondence ? Nil

 

General Business

 

2??????? COMMUNITY SERVICES COMMITTEE FUNCTION

 

This item was put on the agenda in regards to a response to the proposal in the General Manager's report to disband the Community Services Committee. According to the report, there had been no recommendations coming from this committee and the CSC was not serving a function.

 

Members agreed that the CSC is a committee that networks, provides a communication and a feedback tool to Council and also provides an opportunity to build better relationship with staff.

 

It was viewed that Council was 'cash-strapped'. General member consensus is that Council considers community services is provided by outside organisations, but Council has a role of staying linked to community, and supplying support letters. Members thought that the CSC has a role to play.

 

(2:28 pm Denise Olsen entered the meeting)

 

RECOMMENDATIONS:

 

1??????? That on the motion of Paul Sekfy, seconded Denise Olsen, the Community Services Committee seeks the concurrence of Council to undertake a snapshot survey of community services sector, to establish the economic contribution to the Shire, noting that it would be at no cost to Council as the members themselves would be collecting and bringing forward the information.? Carried.

 

2??????? That on the motion of Angie Evans, seconded Suzanne Homes, as part of the process (in Recommendation 1) Council?s Manager Community and Cultural Services provide a snapshot of Community Services at Council.? Carried.

 

3??????? MEMBER?S REPORTS

 

SWANS Project

 

Colleen Henry has spent the last month implementing the strategy, has visited 13 pubs and clubs in the Shire, examined the exterior and interior environment to make women safer which will,? in turn, enable the community to be safer.? Crime Prevention Officer, NSW Police based in Port Macquarie is assisting with auditing.

Project is voluntary but Ms Henry has put the economic spin on a social benefit.

The launch of SWANS is Tuesday 17 November 2009.

 

Cr Paula Flack

 

Cr Flack recommended that the activities of the Access Committee has relevancy to the CSC and to invite a representative for update on the committee's key activities and recommendations.

 

Transport

 

Audit of buses ? contribute land and shed to community bus service, RSL and retirement villages have transport but are not 'sharing'. This is a duplication of services.

Contact and invite Ross Chalmers and Jan Ryan for next meeting.

 

Health

 

Jenny Zirkler's report tabled.

 

TAFE

 

Kerrie Bowtell had a request. With the youth mobile caf? underway and youth centre for Men's Shed, maybe organise some youth training?

Form a partnership with SWANS project.

Reconnect have huge shortage of accommodation, maybe train youth to kit out mobile caravans for mobile bedrooms.? Issues - paid teachers, consumable, ownership, site.

 

Education

 

Angie Evans reported that 4 local schools have received a $2.5m over 4 years for bilingual school.

 

Nambucca Valley Neighbourhood Centre

 

Paul advised that the next NVNC network meeting Tuesday 8 December 2009, 10 ? 12. will be re a legal service.? Guest speaker from Law Access for the next.

Legal clinics are first Thursday Bowraville, third Thursday Macksville.?

Re.? Regional Development Authority -? Need to synthesise economic development of region for people and the region itself.? Advantages in aligning Community Services with Mid North Coast Regional economic profile.? Email contact: admin@rdamidnorthcoast.com.au

 

Centrelink

 

Suzanne ? military museum turn into drop-in centre for veterans. Nambucca Heads gym discount. Nambucca Heads Day Club ? new premises/member any ideas; 55 years and over, provide meals, transport.

 

Gillian ? Australian government disaster recovery payment 180 233, get forms off website and drop into Centrelink with ID. Richard Townsend ? Recovery Centre.

 

Community Services Committee ? AGM

 

Cr Flack advised members that she will not be standing for Chair at the July AGM. She has done it for 6 years and it is time for a turn over.

 

 

Next Meeting

 

The next meeting will be held on Tuesday 9 February 2010 at 2.00 pm (tentative) at the Council Administration Centre.

 

 

Closure

 

There being no further business, the meeting was declared closed at 4:20 pm

 

 

 

 

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

 

CR PAULA FLACK

CHAIRPERSON

?


Ordinary Council Meeting - 1 April 2010

Report on Community Services Committee Meetings - 10 November 2009 & 9 February 2010

 

Present

 

Cr Paula Flack, Cr Elaine South, Mr Glenn Robinson, Ms Coral Hutchinson, Mr Steve Austen (Acting CEO Nambucca Valley Care), Ms Jill Stowe, Ms Vicki Fernance, Ms Suzanne Homes, Ms Angie Evans, Mr Paul Sekfy, Ms Jenny Zirkler

 

 

Apologies

 

Ms Glenys Munro, Ms Mari Webb, Mr Ross Chalmers, Ms Gillian Howie, Ms Kerry Grace, Ms Denise Olsen, Ms Kerrie Bowtell

 

 

Disclosure of Interest

 

Ms Hutchinson declared a non-pecuniary less-significant interest in Item 3 ? Highway Bypass Social Impacts as she resides in the subject area at Warrell Creek. Ms Hutchinson chose to remain in the chamber but did not participate in the discussion.

 

 

Minutes of Previous Meeting ? 10 November 2009

 

RECOMMENDATION: That on the motion of Cr South, seconded Suzanne Homes the minutes from the previous meeting held 10 November 2009 be accepted with the amendments.

 

Amendments

 

??????????? Glenn Robinson and Glenys Munro were apologies for the meeting.

??????????? Cr Flack has been Community Services chair for 5 years not 6.

??????????? Item 2 ? Community Services Function:

 

There was considerable discussion on the Committee?s function which lead to discussion in regard to the industry in general. Community Services industry is an important local industry, however the Committee members felt that it was unnecessary to attempt to record the debate verbatim. Suffice to say that Council may not be aware of the size and economic importance of the local community services sector with some background comments for context.

 

Paul Sekfy arrived at this point and the time was 2.18 pm

 

The Committee confirmed that recommendations should read:

 

1??????? That on the motion of Paul Sekfy, seconded Denise Olsen, the Community Services Committee seeks the concurrence of Council to undertake a snapshot survey of community services sector, to establish the economic contribution to the Shire, noting that it would be at no cost to Council as the members themselves would be collecting and bringing forward the information. Carried.

 

Jenny Zirkler arrived at this point and the time was 2.26 pm

 


2??????? That on the motion of Angie Evans, seconded Suzanne Homes, as part of the process Council?s Manager Community and Cultural Services provide a snapshot of Community Services at Council. Carried.

 

 

Business Arising

 

ITEM 1???????????????????? MOTOR RAIL PROJECT

 

A letter of response has now been received from Mr Peter Renshaw, a private individual who had been involved in early discussions at a working group at Coffs Harbour City Council. The letter makes the following points:

 

??????????? The concept came from discussions on the need (as a long-term goal) to provide a public transport corridor between Coffs Harbour and Woolgoolga for a future light rail service. (Note: not a motor rail service.)

??????????? The possibility of incorporating at least part of the corridor in the Pacific Highway upgrade.

??????????? The potential for rail motor service between Coramba and Bonville.

??????????? Nambucca Shire was not mentioned in the discussions but the author of the letter thought that viability could be improved by the inclusion of the Shire either by a rail extension or feeder buses.

??????????? The group has requested money from Coffs Harbour City Council to undertake a feasibility study, but no response has been received as yet.

 

The Committee noted the response and decided that no further action would be taken.

 

ITEM 2???????????????????? TRANSPORT

 

Discussion regarding ongoing transport issues. The Committee decided that the focus for the next agenda would be transport with key stakeholders to be invited.

 

Angie Evans arrived at this point with the time being 2.41 pm

 

 

General Business

 

ITEM 3???????????????????? HIGHWAY BYPASS ? SOCIAL IMPACTS

 

Ms Hutchinson declared a non-pecuniary less-significant interest in this item as she resides in the subject area. Ms Hutchinson chose to remain in the chamber but did not participate in the discussion.

 

Cr South enquired what services are available to people under stress from the proposed highway by-pass.

Paul Sekfy advised that a key contact point is the Nambucca Valley Neighbourhood Centre as there are a number of free services available locally. Also there may be legal avenues available to people who aren?t already receiving legal support.

Cr Flack reported that a number of people are likely to be socially impacted due to the RTA?s approach to purchase of property and lack of compensation to loss of value eg due to noise.

 

Centrelink

 

Suzanne advised that Veterans can also access free counselling via Centrelink.

 

Education

 

Angie Evans reported on the Building Revolution and the government?s ?de-scoping? ? schools being asked to modify their proposals and remove items to reduce cost. Spoke about My School website ? schools generally feeling negative about it as it only reports on 2 measures.

 

Nambucca Valley Neighbourhood Centre

 

??????????? Women?s Way have been successful in receiving $6,000 grant from Ministry for Transport ? project includes assistance to women to attend breast screening at Coffs Harbour.

??????????? Still waiting on news about Community Builders application to look at possible reshape of the community sector in the Nambucca Shire.

??????????? Has been invited to participate in the formulation of the North Coast Homelessness Action Plan.

??????????? Report from NV Network meeting this morning ? a general concern about what strategies can be developed to address the disadvantage of being located between Coffs Harbour and Port Macquarie.

 

Nambucca Valley Community Services Council Inc

 

??????????? Jill Stowe reported that counselling is also available via Interrelate Coffs Harbour ? outreaches here.

??????????? NVCSC Inc have entered into a contract with Nambucca Heads Bowling Club and Meals on Wheels will be prepared from there from Monday.

??????????? No Interest Loans Scheme ? always seeking funds to operate this; are tendering for expansion money. The demand is high.

??????????? Are going to be tendering for more Community Aged Care Packages.

??????????? The DA for the Men?s Shed has been submitted to Council for a permanent location in Macksville.

 

Nambucca Valley Care

 

Steve Austen Acting CEO, provided an update report on changes at NVC. Recruiting for a new CEO is underway via a Sydney recruitment firm. Do have vacancies at Autumn Lodge at the moment.

 

Macksville Health Campus

 

??????????? Jenny is acting liaison with Nambucca and Bellingen.

??????????? Coffee Shop continues at Macksville ?a successful fund raising venture, getting new members.

??????????? Emergency Department - busiest January ever, now always have a doctor there.

??????????? Entering Stage 2 of converting X-Ray services to digital. Will be more streamlined and efficient.

??????????? Have 2.6 Aboriginal Health Workers located here now.

??????????? Cancer Resource Centre DA at Council at the moment. Will be a 2 stage development.

??????????? Jenny clarified the ?waiting list? which has been recently reported. Are meeting all targets.

??????????? Have a lot of students in various areas ? trying to build a centre for learning.

 

Community Development Officer

 

Reported that Seniors Week will be at Bowraville Central School, Wednesday 24 March 2010, free transport with morning tea and lunch.

 


Community Safety Project Officer

 

Advised the Committee that Council has made an Expression of Interest for crime prevention for seniors for workshops around financial, personal and household security.

Crime Prevention Plan ? is now a couple of years old, will be working on fleshing out the plan at a more practical level.

 

Youth Development Officer

 

??????????? RYPP has commenced at Bowraville Central School

??????????? Preparing for Youth Week ? 10 to 18 April (in school holidays)

??????????? RENT ? planning another lot of workshops in April/May

??????????? Planning a Chill Out Space for Macksville Show

??????????? Received $80,000 for a responsible drinking initiative for Nambucca and Bellingen Shires

 

Jenny Zirkler left at this point with the time being 3.14pm.

 

Manager Community and Cultural Services

 

Provided the following information regarding Council Library services:

 

??????????? Currently preparing an Action Plan for library operations

??????????? Library Links project has been a success and is drawing to a close.

??????????? Story-time project (outreaching to play groups and preschools) is promoting parents reading to children and the library resources available to assist them

??????????? Indigenous culture and the libraries ? Council?s Community Development Officer reviewing the indigenous collection at Macksville with aims of improving; also looking for ways to promote access by Aboriginal people.

??????????? Libraries have Deductible Gift Recipient status and donations are tax deductible

??????????? Both libraries reviewing layout to provide improved areas for young people eg Junior area at Mks with study space.

??????????? Indigenous Elders and family photography exhibitions last year.

??????????? Youth Week art and literature exhibition proposed again for Mks in Youth Week.

 

Paul Sekfy, on behalf of the Nambucca Family Violence Action Group extended thanks to Library staff at both libraries for their participation and promotion of the Love Bites campaign. (Note: LOVE BiTES is a prevention program that focuses on sexual assault and domestic and family violence. It is aimed at young people aged between 14 and 18.)

 

 

Next Meeting

 

The next meeting will be held on Tuesday 20 April 2010 (subject to confirmation) at 2.00 pm at the Council Administrative Centre Princess Street Macksville.

 

Note: Next meeting to discuss a meeting format for the remainder of the year and to focus on transport.

 

 


Meeting Closure

 

There being no further business, the meeting was declared closed at 3.21 pm.

 

 

 

 

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

Cr P FLACK

CHAIRPERSON

??


Ordinary Council Meeting

1 April 2010

Director of Engineering Services Report

ITEM 10.1??? T007/2010??????? 010410???????? Tender T007/2010 Additions To Rural Fire Service Lower North Coast Control Centre

 

AUTHOR/ENQUIRIES:???? Stephen Fowler, Engineering Designer ????????

 

Summary:

 

Tenders closed on the 10 March 2010 for the construction of Additions to the Rural fire Service Lower North coast Control Centre.? Five conforming and one late tender were received.?

 

The tenders were assessed in accordance with criteria provided in the specification.? Tables of results are contained in the attached Confidential Circularised document Tender Assessment T007/2010.

 

The company with the best score through the evaluation system is Costa Builders.

 

 

Recommendation:

 

That Council accept the tender for the construction of additions to the Rural Fire Service Lower North Coast Control Centre at Kelly Close, Macksville of Costa Builders Pty Ltd for the tendered amount.

 

 

OPTIONS:

 

?????? Accept the recommended Tender

?????? Accept another Tender

?????? Not Accept any Tender

 

 

DISCUSSION:

 

The Rural Fire service has requested Council to arrange for additions to the existing Rural Fire Service Lower North Coast Control Centre premises in Kelly Close Macksville, referred to in the minutes of the Nambucca Emergency Operations Centre Committee dated the 4 November 2009 and adopted by Council on the 3 December 2009. The Engineering Services Department prepared Tender documents including drawings and specifications.

 

The additional facilities include a purpose built Operations Room, offices for the Manager and Operations Officer, Radio and Telecommunications rooms and a courtyard adjacent to the existing lunchroom. The NSW Rural Fire Service has confirmed that $270,000.00 is available to cover the costs of the proposed works.

 

The NEOC Committee over the last few meetings addressed the issues of upgrading the office areas of both the Rural Fire Service and State Emergency Services.? The parties agreed to a staged implementation subject to funding being available.? The adopted program involved the following:

 

Stage 1?????? Modification of the existing Rural Fire Service offices and lobby area

?????????????????? This was completed in 2009.

 

Stage 2?????? Upgrade of the joint use areas of the kitchen and toilets

?????????????????? Plans agreed through the NEOC Committee.

 

Stage 3?????? The construction of additional rooms to the north for the Rural Fire Services

?????????????????? Plans agreed to by the NEOC Committee, funding provided by Rural Fire Services and the subject of this tender.

 

Stage 4?????? Modification of the State Emergency Services area to provide greater space for operations, training and administration.

?????????????????? Plans finalised.? Subject to funding in 2010/2011.? Council s draft budget includes a $40,000 budget with a $20,000 grant.

 

Tenders were received from the following companies:

 

?????? Bilas Knight Pty Ltd

?????? Contract Control Services Pty Ltd

?????? Costa Builders Pty Ltd

?????? Peterkin Constructions

?????? Robin Snow Constructions Pty Ltd

 

A late submission was received from Graham Brown but was not considered for assessment.

 

The confidential circularised document Tender Assessment T007/2010 contains a numerical evaluation of the tenders.

 

 

CONSULTATION:

 

The Rural Fire Service has been regularly consulted during the preparation of the plans and specifications as has the NEOC Committee.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Project will have no adverse environmental effects. A Review of Environmental factors is included in the Tender documents.

 

Social

 

The additions to the Rural Fire Service facilities will result in improved service to the community by the Rural Fire Service an a subsequent increase in bush fire protection.

 

Economic

 

The project will be fully funded by the NSW Rural Fire Service and will resulting no financial burden on Nambucca Shire Council. The Council has budget allocation for maintenance of the RFS Control Centre. A minimal increase in this allocation would be required to cover additions to the facility .

 

Risk

 

There is the risk that if the Rural Fire Service facilities are not improved that the service provided by this organisation would deteriorate and the community would not have an acceptable level of bush fire protection.? The upgrade may delay the need for a new dedicated Rural Fire Service building in the future.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project will be fully funded by the NSW Rural Fire Service and will require no further contribution by Nambucca Shire Council as Council?s contribution has been provided in previous budgets for the building works.? The Council has a budget allocation for maintenance of the Rural Fire Service Control Centre.? A minimal increase in this allocation would be required to cover additions to the facility.

 

Source of fund and any variance to working funds

 

The funds available from the Rural Fire Service cover the price tendered by Costa Constructions and a 15% contingency allowance.

 

 

Attachments:

1View

?- Confidential Circularised Document Tender Assessment T007/2010 (TRIM 6914/2010)

1 Page

??


Ordinary Council Meeting - 1 April 2010

Tender T007/2010 Additions To Rural Fire Service Lower North Coast Control Centre

 

 

 

 

 

 

CONFIDENTIAL

CIRCULARISED DOCUMENT

 

Tender T007/2010 Additions To Rural Fire Service Lower North Coast Control Centre

 

 

 

?Tender Assessment T007/2010 (TRIM 6914/2010)

 

 

?


Ordinary Council Meeting

1 April 2010

Director of Engineering Services Report

ITEM 10.2??? PRF3?????????????? 010410???????? Anderson Park Amenities

 

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

 

Summary:

 

The proposals for an amenity block at Anderson park have included four sites over the years.? A fully developed amenities at site 3 on the eastern side would cost $600,000 and is not achievable for many years.

 

An acceptable alternative is to build a basic building on a level site near the sewer line.? This can be achieved for $90,000 and has been included in the draft 2010/2011 budget.

 

 

Recommendation:

 

1??????? That Council note that $90,000 has been included in the draft 2010/2011 budget for consideration.

 

2??????? That the Valla Beach Urban and Hall Committee of Management be advised that Council has included $90,000 in the draft 2010/2011 budget for consideration.

 

 

OPTIONS:

 

1??????? As recommended

 

2??????? Defer the project and consider in the new Recreation Contribution Plan to be developed in 2010 for the substantial amenities at site 3.

 

DISCUSSION:

 

The provision of an amenities for Anderson Park has a long history beginning with the choice of sites.

 

The first proposed was to build a combination public toilet and park amenities on land acquired by Council on Max Graham Drive (see Site 1 on attached plan).? This land was sold and the profit of $38,500 set aside towards a future amenities building on the park.

 

A master plan was developed for Anderson Park and that included an amenities block in the south-west corner (Site 2) because of the location of the sewer line.? The proposed building was similar to the one built at Farrington Playing Fields.? Over the years the housing became established adjacent to the proposed site and opposition arose to using that area for the amenities.

 

Consultation with the community utilising the resources of the Valla Beach Urban and Hall Committee resulted in a new site being nominated (Site 3) on the eastern side off Kuta Avenue.? This site is away from housing but is on a steep bank.? The plans developed for this site included a single story building with an observation deck on the roof and later a two story structure with a club room on the top floor.

 

At this stage Council sought funding from the Department of Sport and Recreation.? A grant of $9,000 was obtained but returned as the cost of the building and site works was some $540,000.? At that time the funds available included the $38,500 from the sale of land, $88,500 from Section 94 and the $9,000 grant leaving a $404,000 shortfall.? Council deferred the project.

 

The next development was the review of the Contribution Plan for Public Reserves and Community Facilities in 2009.? The revised plan included a small number of significant projects that could be achieved within 12 months.? This included a new carpark at the Valla Beach Community Centre.? At the same time projects such as the Anderson Park amenities and playground equipment at the Community Centre were removed from the works schedule.

 

This time the Valla Beach community are seeking a basic amenity building that allows regular organised sport to take place at Anderson Park.? This would require the selection of another location (Site 4) to minimise the cost of connection to services such as sewerage.

 

This last site is adjacent to the sewer line with a small level area big enough for a basic building.? It is proposed to purchase a kit style building (plans attached that has a single male, single female and unisex disabled rooms.

 

The costs are:

 

Building purchase??????????????????????????????????????????????????????????????????????????? $35,000

Building erection????????????????????????????????????????????????????????????????????????????? $35,500

Connection to services (water, sewer, electricity, stormwater)????????????? $10,500

Contingency??????????????????????????????????????????????????????????????????????????????????? $? 9,000

????????????????????????????????????????????????????????????????????????????????????????????????????? $90,000

 

 

The only funding available is the original $38,500.? the $88,500 from Section 94 has been distributed to other projects including the Community Centre car park.? The shortfall is therefore $51,500.

 

The draft budget from 2010/2011 includes the $90,000 to fund the amenities block on Site 4 with funding of $38,500 and $51,500 from reserve.

 

If approved in the 2010/2011 budget the building can be ordered in July 2010.? The kit takes 12 weeks to fabricate and the on-site contribution is 3 weeks.? If all aspects proceed smoothly the amenities would be available mid November 2010.

 

 

CONSULTATION:

 

?????????????? Valla Beach Community

?????????????? Building fabricator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant change.

 

Social

 

Anderson Park was developed as the sole sporting facility at Valla Beach.? The use has been limited because of the lack of amenities.

 

Economic

 

Attracting people participating in sport to Valla Beach is likely to result in extra business for some premises.

 

Risk

 

The construction of the amenities may not stimulate the use of Anderson Park.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil on current budget.? Proposed for the 2010/2011 budget.

 

Source of fund and any variance to working funds

 

Total cost is $90,000.? An amount of $38,500 has been set aside in a reserve towards this project.? The remaining $51,500 will have to be funded from reserve.

 

Attachments:

1View

7138/2010 - Plan of Building and Site Plan - Anderson Park, Valla Beach

 

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Ordinary Council Meeting - 1 April 2010

Anderson Park Amenities

 


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Ordinary Council Meeting

1 April 2010

Director of Engineering Services Report

ITEM 10.3??? SF593????????????? 010410???????? Stormwater - Damage to System

 

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

 

Summary:

 

Council is receiving reports of ground subsidence, erosion and overflows as a result of damage to the stormwater system from last years storms.

 

These are considered more important than some of the scheduled projects so a proposal has been prepared to include the new works by deferring two of the projects in the budget to free up funding.

 

 

Recommendation:

 

1??????? That Council defer the stormwater projects at Princess Street, Macksville and Hibiscus Drive, Valla Beach valued at $95,000.

 

2??????? That the projects of Scotts Head Reserve, Adam Street, Bowraville, Jones Street, Valla Beach and Mumbler Street, Nambucca Heads be included in the budget at a value of $93,000.

 

OPTIONS:

 

1??????? Vary program as recommended

2??????? Increase budget by $93,000 to allow all works to proceed

3??????? Retain the current program and address the new projects as future funds allow

 

DISCUSSION:

Over the last few months damage to the stormwater system and new impacts on properties are being identified that relate to the storms last year.

 

The remediation cannot be funded from the existing budget allocation so it is necessary to modify the project selection to free up funding.

 

The current list includes the following sites:

 

1

Scotts Head Reserve (Council land)

$?? 6,000

 

The lids of the concrete channel have collapsed close to some of the semi permanent structures

 

 

 

 

2

Adam Street, Bowraville

$ 37,000

 

Pipelines has blocked with silt for a 20 metre section at the outlet.? It has to be removed and relaid.

 

 

 

 

3

Jones Street, Valla Beach

$ 20,000

 

The stormwater discharges into bushland beyond the boundary of the property.? The outlet has developed a deep hole close to the property boundary.? The line requires extending, rip rap at the outlet and restoration.

 

 

 

 

4

Mumbler Street, Nambucca Heads

$ 29,000

 

A section of interallotment drain constantly overflows because the capacity is too small.? A 115 metre section requires enlarging.

 

 

 

 

5

Nelson Street, Nambucca Heads

$100,000 to

$200,000

 

Subsidence has occurred in Bank Street north of the Bowling Club.? Investigations show that large 1500 mm diameter pipes have separated.? Complete excavation and relaying is required.

 

Other problem areas are yet to be costed.? They include large cavities under driveways, collapsed ground around outlets and the separation of pipes at the joints.

 

It is recommended that items 1 and 4 be included at a cost of $92,000 to be funded by deferring the litter trap in Dawkins Lake, Princess Street, Macksville ($45,000) and the duplication of stormwater at Hibiscus Drive, Valla Beach ($50,000).

 

The prices have been prepared by a private contractor.? It will be necessary to get a second quote on items 2 and 4.

 

This damage is not eligible for under the Natural Disaster Declaration.

 

 

CONSULTATION:

 

Manager Civil Works

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Jones Street site has the potential to scour out bushland.

 

Social

 

The identified sites have created concerns for private property damage to adjacent buildings.

 

Economic

 

Failure to address the damaged stormwater could see increased costs occurring to the repair bill as well as to adjacent property.

 

Risk

 

Not addressing the problems could lead to property damage including buildings.? There is a risk to personal safety at some sites.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Currently a list of properties exist and some of these have not yet commenced.? Two projects valued at $95,000 are recommended for deferral to allow from projects to come forward at $93,000.

 

Source of fund and any variance to working funds

 

Existing funds utilised by charging the projects.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

1 April 2010

Director of Engineering Services Report

ITEM 10.4??? SF878????????????? 010410???????? Mid North Weight of Loads Group - 1 March 2010

 

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

 

Summary:

 

The minutes of the last meeting of the Mid North Weight of Loads Group on the 1 March 2010 is presented for Council?s information.

 

The next meeting will be held at Tamworth on 1 November 2010.

 

 

Recommendation:

 

1??????? That Council note the minutes of the Mid North Weight of Loads Group on 1 March 2010.

 

2??????? That Council confirm its membership of the Mid North Weight of Loads Group for a further twelve months ending the 30 June 2011 with membership renewal to be reviewable again prior to that date and enter into Agreements with Gloucester Shire Council to provide administration for the Group and individual Inspectors to authorise them to operate in the Local Government area of Nambucca Shire Council and that Council authorise the signature of these Agreements and the affixing of the seal as required.

 

 

OPTIONS:

 

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

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

 

 

DISCUSSION:

 

The last meeting of the Mid North Weight of Loads Group was held on the 1 March 2010 at Macksville.

 

Council?s delegates are Cr Finlayson and myself.

 

The minutes have been received and are attached.

 

The meeting set the Council contributions for 2010/2011.? Nambucca rate is $12,416 which represents a 3.88% increase.

 

Council?s membership of the group ends on 30 June 2010.? Nambucca Shire Council rejoined 12 months ago on a trial basis.

 

There were 7 breaches of overloaded trucks in the Nambucca Local Government Area up to January 2010 (6 months).? The products included soil, logs, sand, cattle and rock.? The trucks were travelling to Kempsey, Macksville, Valla, Nambucca Heads and Frederickton.? The largest overloaded was 11.6% above legal load limits.? It is widely accepted that a 10% overload causes 45% increase in road damage and reduces the pavement life by 32% (see attached).

 

Nambucca Shire Council is one of 17 adjoining Councils that act as a single alliance in the enforcement of detecting and breaching overloaded heavy vehicles on load roads to reduce road maintenance costs.

 

CONSULTATION:

 

Nil

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

 

Economic

 

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

 

Risk

 

There will always be a minimum level of overloading.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No new costs.

 

Source of fund and any variance to working funds

 

No extra funding sought.

 

Attachments:

1View

6648/2010 - Minutes of Mid North Weight of Loads Management Committee Meeting - 1 March 2010

 

2View

7165/2010 - Membership List - Mid North Weight of Loads Group

 

3View

7166/2010 - Overloading vs Payment Life - Mid North Weight of Loads Group

 

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Ordinary Council Meeting - 1 April 2010

Mid North Weight of Loads Group - 1 March 2010

 






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Ordinary Council Meeting - 1 April 2010

Mid North Weight of Loads Group - 1 March 2010

 

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Ordinary Council Meeting - 1 April 2010

Mid North Weight of Loads Group - 1 March 2010

 

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