NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 July 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 - 15 July 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.

 

AMENDED AGENDA????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 1 July 2010

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

?????????????????? GPC Item 9.2???????? Report on Exhibition of the Draft Nambucca Development Control Plan

???????????????????????????? (i) ?Mr Geoff Goesch?Buffer Zones

???????????????????????????? (ii) Mr Bill Rainnie?Buffer Zones

 

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

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

8??????? General Manager Report

8.1???? Shires Association Conference 2010

8.2???? Outstanding Actions and Reports

8.3???? Government Information (Public Access) Act 2009 (GIPA Act)

8.4???? Future tenure of Valla Beach Community Pre-school

8.5???? Fees and Charges - Section 94 Contributions:? Bellwood Local Roads and Traffic Contribution Plan 2009

8.6???? Section 94 Developer Contributions - Smiths Lane - Local Roads and Traffic Contribution Plan 2010

8.7???? Loan Agreement and Lease of Bowraville Theatre to Bowraville Arts Council

8.8???? Bowraville Golf Course - Management Arrangements

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

9.1???? Outstanding DA's greater than 12 months, applications where submissions received not determined to 5 July 2010

9.2???? DA's and CDC's Received and Determined under Delegated Authority 22 June-30 June 2010

9.3???? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

9.4???? Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

9.5???? Contract Regulatory Officer's Report - June 2010

10????? Director Engineering Services Report

10.1?? Nambucca Shire Vehicular Access to Beaches Committee Meeting Minutes - 25 June 2010

10.2?? Policy Review - Tree Maintenance and Removal

10.3?? Tree Planting - Bowra Street, Nambucca Heads

10.4?? Coronation Park - Future of Old Amenities Block

10.5?? Tree Planting Plan 2010/2011

10.6?? Flood Damage - February, March/April, May and October/November 2009

10.7?? Tender for Motor Grader CCF Class 15 - Tender T011/2010 ????

 

GENERAL PURPOSE COMMITTEE MEETING ? 14 JULY 2010

 


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

15 July 2010

General Manager's Report

ITEM 8.1????? SF45??????????????? 150710???????? Shires Association Conference 2010

 

AUTHOR/ENQUIRIES:???? Rhonda Hoban, Councillor ????????

 

Summary:

 

The Mayor and General Manager attended the Shires Association Annual Conference in Sydney on the 1st and 2nd June 2010. The Conference consisted of consideration of motions put by each of the Associations Divisions; and addresses by a number of key note speakers. It is not intended to comment on the Conference motions as the business papers were distributed and the minutes will be made available on the Associations website in due course. Of particular interest to Council were the addresses by key note speakers.

 

 

 

Recommendation:

 

That Council note the report on the Shires Association Conference 2010.

 

 

 

OPTIONS:

 

Council can choose to take no action.

?

DISCUSSION:

 

The focus of the Conference was ?Building a Brighter Future? by finding ways we can operate even more efficiently for the benefit of our communities. This means taking positive steps forward, working collaboratively with one another, sharing our resources in these troubled economic times and working together to modernise our sector.

 

Premier of NSW the Hon Kristina Keneally MP

The Conference was officially opened by Premier Keneally. The Premier focused on recently announced changes to local council charges on new housing development. She claimed that the changes will lower the cost of new housing construction, and provide certainty, transparency and fairness to councils, landowners, developers and the community. The $44million Comprehensive Housing Strategy is designed to deliver additional land releases, lower levies and faster planning decisions, including:

 

?????? A hard cap of $20,000 a lot for Council imposed charges on new development, (Section 94 contributions)

 

?????? Retaining rate pegging, but providing a more transparent process of setting the rate through an IPART determination. To do so, IPART will develop a Local Government Cost Index; and

 

?????? Tasking IPART to determine special rate variation requests by councils, including variations for essential and community infrastructure;

 

?????? As well as the $20,000 cap, councils will need to limit contributions in their Section 94 plans to essential infrastructure that is necessary for the development to happen, such as land for open space and community facilities, road works and stormwater management.

 

The Premier also commented that ?all council infrastructure plans will be reviewed by IPART, including those within the $20,000 cap?. One can only assume from this remark that in future Section 94 contribution plans will need to be forwarded to, and approved by, IPART.

 

 

Leader of the Opposition, Mr Barry O?Farrell MP

Mr O?Farrell also addressed the Conference and spoke of his party?s ?action plan to make NSW number one again?. He claimed that the coalition?s first priority for NSW is restoring economic growth and establishing NSW as ?the first place to do business?. This policy is based on the recognition that a strong economy is the driver for opportunity for individuals; the creator of jobs and wealth and the source of revenue that government needs to provide services, tax cuts and infrastructure.

 

To this end the Liberal and National Party have created the ?Five Point Plan?:

1.?? A strong economy with lower taxes to create jobs

2.?? More for the front line ? hospitals, police.

3.?? Build the North and South West rail links.

4.?? An accountable government.

5.?? Give planning back to communities.

 

Mr O?Farrell promised that the detail of how these objectives will be achieved will be revealed in the lead up to the state election.

 

Minister for Roads and Transport, the Hon John Robertson MLC,

The newly appointed Minister spoke on the government?s transport solutions for regional communities. His address covered Regional Transport Strategies (where he noted that the Central Coast, Lower Hunter, Illawarra and the Murray were the priorities); CountryLink Review (covering service frequency, connectivity, ticket availability and facilities on trains and coaches); Concession Travel Opportunities in rural and regional areas (which involves improving concessions on public transport to make it more affordable and accessible); NSW Freight Strategy (focussing on Port Botany, Newcastle and Port Kembla); and Grain Lines (focussing on Werris Creek, Parkes, Temora and Junee).

 

It was disappointing that the Mid North and North coast regions did not get a mention; neither did the Pacific Highway, Regional Roads or timber bridges. The new Minister did not appear to be aware that in many rural and regional areas there is no public transport. Given that at the time he had been Minister for eleven days, this situation may improve.

 

Minister for Water the Hon Phillip Costa MP

The Minister gave an overview of the Inquiry into secure and sustainable urban water supply and sewerage for non-metropolitan NSW. Councillors will be familiar with the Inquiry and its aims and recall that in 2008 an Independent Panel presented to the Minister a report that examined the performance of local water utilities and the challenges facing them. The report made several recommendations including reducing the current 106 utilities into 32 regional groups. The report was placed on public exhibition in early 2009 with a call for submissions. Two of the concerns this Council raised by way of submission were the sustainability of the residual Council if water and sewerage responsibilities were removed and whether a new model would provide any actual benefit to our ratepayers, either in price or quality of service.? The NSW Office of Water, with other government agencies, is now considering the issues raised in submissions and undertaking further analysis of the report recommendations in order to devise specific strategies to secure sustainable, long term water supply and sewerage services in non-metropolitan NSW. The Minister advised that the NSW government is expected to release its response to the Independent Inquiry Report ?in the near future.?

 

Minister for Local Government, the Hon Barabara Perry MP

Minister Perry advised that her major theme for the year has been good governance. She believes that a council?s role is to provide leadership and good governance and that her role as Minister is to improve the laws governing the system within which Councils operate, and to give Councils the tools they need to govern well. To this end the Minister has worked on the following initiatives:

 

?????? Introducing integrated planning and reporting reforms to improve long term community planning, asset management and financial sustainability

?????? Rolling out the councillor development strategy after the 2008 local government elections

?????? Evaluating and improving the better practice review program

?????? Updating the model code of conduct and the meetings practice note

?????? Developing and releasing a number of guidelines eg tendering and internal auditing

 

Q&A Panel

One of the highlights of the Conference was a Q&A panel facilitated by ABC television presenter Mr Tony Jones. The Panel consisted of Hon Barbara Perry MP, Minister for Local Government; Hon Tony Kelly MLC, Minister for Planning; Mr Chris Hartcher, Shadow Special Minister of State and Shadow Minister for Inter-Governmental Relations; and Ms Gladys Berejiklian MP, Shadow Minister for Transport.

 

It was interesting to note that in prepared speeches, speakers appeared to have all the answers but when confronted with direct questions from the floor, all panel members struggled to provide satisfactory responses. Of the issues raised with the panel, two were of particular interest to Council. The first was rate pegging. Given that the Henry Review and IPART Review both recommend the abolition of rate pegging, both Minister Perry and Shadow Minister Harcher were asked whether they would abolish rate pegging. Neither was prepared to confirm its abolition and both suggested it would remain with strategies to improve a council?s ability to obtain special variations. Both representatives were also asked, given that NSW is $6billion behind in infrastructure renewal and this situation is deteriorating by $500million each year and given that neither party will agree to the abolition of rate pegging, what was their vision for the state of infrastructure in ten years time. Again neither representative could give a satisfactory answer other than to say that the future would be in councils? hands. This apparent lack of consideration for NSW infrastructure is alarming considering that if the afore mentioned trend is not reversed, we face critical asset failure right across the state.

 

General Comment

It appears from the advice given by the Premier and the Minister for Local Government that addressing the infrastructure needs of local government areas will fall squarely on the shoulders of rate payers. Rate pegging will remain and Councils will have to implement integrated planning and reporting systems to justify special rate variations. The responsibility for determining both the rate peg and any variations will rest with IPART.

 

Once integrated planning and reporting has been implemented across the state, and more accurate information is available, there will be a clearer picture of the backlog of infrastructure and the ability of Councils to fund it. Presumably if a Council shows that its current rate income cannot sustain its infrastructure, it will be expected, as a matter of sound financial management, to either reduce its infrastructure liabilities and services or apply for a special rate variation. This may explain why the government are keen to pass the determination of special variations over to IPART.

 

Whilst the concept of integrated planning and reporting has merit, there was no indication of how under-resourced and under-financed Council?s are expected to implement these measures.

 

The Mayor and General Manager remained in Sydney on Thursday 3 June 2010 to take advantage of the free workshops provided as part of the Conference. The General Manager attended the workshop on Financial Planning for Councils and the Mayor attended Asset Management.

 

Further details of the Conference and transcripts of other speeches can be viewed on the Shires Association website at www.lgsa.org.au.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.2????? SF959????????????? 150710???????? 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


OCTOBER 2008

1

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.? Not expected to be completed until 31 July 2010.

 

MAY 2009

 

2

SF1213

07/05/09

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

 

DES

GM

First letter sent 4 December 2007.

November 2009.

Followup letter sent.

26 June 2009.

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.

Followup letter sent 24 May 2010.

Scotts Head Trust has approved Council spending $40,000. Return letter sent advising that $40,000 matching contribution is required.

 

Project will not proceed unless budget is $80,000.? Cancel project and reallocate Section 94 funds if Scotts Head Reserve Trust do not contribute $40,000.

 

 


 

JULY 2009

 

3

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

 

 

AUGUST 2009

 

4

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

July 2010

Include in 15 July 2010

Next report due September 2010

5

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

 

6

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

 

7

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 obtained confirming requirement to pay general rates.? Advice has been referred to Minister for his consideration and comment.

Minister has now responded advising they will not be paying rates and providing reasons.? Response has been sent to Norton Rose for advice.

 

JANUARY 2010

 

8

SF839

21/01/10

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

 

GM

On-going.

 

 

 

 

9

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

 

 

10

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

 

 

11

SF741

18/02/10

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

 

MCW

Report in August 2010

 

 

MARCH 2010

 

12

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.

Funding application submitted and letter sent to the Minister.

 

Response from the Scientific Committee received.

 

Application made to deccw and Federal Department of Environment for removal of all camphour laurels.? Awaiting response.

No response staff changeover.

DoE application to remove camphor laurels to be determined 11 June.

DECCW application still being processed in Sydney.

Removal of understorey wooden weeds and other noxious weeds currently being removed by Landcare.

 

DoE referral was returned as not controlled action therefore we must look at the section 91 licence.

The DECCW section 91 licence is in draft form with the conditions. A meeting with Landcare will be set up and conditions discussed as to how Council and Landcare will be able to implement them.

 

Section 91 licensed issued.?? Meeting held.? Contractor engaged to remove camphor laurels.

 

 

13

SF1354

18/03/10

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

 

DES

Draft budget figures provided to RFP for explanation.

No response as at 23/4/2010.

RFS are changing to a 4 year plan that is reviewable annually.

New RFS Area Manager to be appointed in July.

 

 

 

APRIL 2010

 

 

14

SF1471

1/04/10

Council receive a report which includes a recommended brief and budget to undertake further investigation of an on-stream dam.

 

GM

Report to Council?s meeting on 15 April 2010.? Brief issued to Department of Services for a response on 16 April 2010.? Work underway as at 21 May 2010.

 

 

 

15

SF1471

1/04/10

Councillors to be advised regarding time and date of special meetings or workshops.

 

GM

On-going

 

 

16

SF1269

15/04/10

That a report with a recommendation on boundaries for collector areas comes back to Council before the end of October 2010 for consideration.

 

DEP

Report in September 2010.

 

 

17

SF30

15/04/10

That Council meet with reps from the other 2 Councils within the next 12 months to discuss the future of the Clarence Regional Library particularly in relation to the 10% per capita contribution increase.

 

DEP

Council?s General Manager has had discussions with General Managers from both Bellingen and Clarence Valley Shire Councils when finalising the 2010-2011 budget.? The matter is to be revisited for additional discussions in November/December 2010 in the lead-up to developing the 2011-2012 budget and in light of the Library Agreement concluding September 2011.

 

 

 

18

SF1031

15/04/10

A report comes to Council in 6 months time to review the take up rate of the new tank rebate and identify any Council buildings where a rainwater storage tank could be installed.

 

DEP

Report to October 2010 GPC.

 

 

MAY 2010

 

 

19

SF380

6/05/10

Loan and lease matters relating to Bowraville Theatre are deferred for one month.

 

GM

To be reported in July 2010.

Loan and lease has been discussed with the BAC who is to meet on 15 June to finalise a position.

 

 

 

20

SF324

6/05/10

That Council defer requesting the Committee of Management to consider the opportunity for transfer of trusteeship of the Boulton?s Crossing Reserve to the NPWS until the Minister makes a decision on whether the number of sites can be maintained.

 

GM

Pending advice from Minister/Department.

Followed up 30 June 2010, department acknowledge receipt of application.? Still awaiting advice.

 

 

21

SF341

6/05/10

Council defer consideration of a request to change the name of the Valla Beach Urban and Hall CoM to the Valla Urban and Hall CoM to provide for consultation with the Valla Public Hall CoM.

 

GM

Letter sent 12 May 2010.? Response received from Valla Public Hall objecting to the name change.? Has been recommended that both Committees meet to consider alternatives.

 

 

22

SF1064

6/05/10

Council make urgent representations to both the NSW Government and Opposition concerning the removal/deferral of funding from the Country Towns Water and Sewerage Program arising out of the November 2009 Mini Budget and the impact that this will have on the proposed off river storage.

 

GM

Letters sent 10 May 2010.

 

 

23

SF98

20/05/10

Road naming ? item be deferred so that Unkya LALC can be consulted regarding appropriate local Aboriginal names.

 

DES

No response at this stage.

 

Developer has asked Council to select names.

 

 

24

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.? Also dot points be replaced with no?s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going

 

 

25

SF46

20/05/10

Council consider becoming a member of the NSW Cemetery and Crematoria Association in 12 months time.

 

DEP

Report in May 2011.

 

 

JUNE 2010

 

 

26

PRF71

3/06/10

That a report be brought to Council regarding the history of attendances at the Skate Park, any disciplinary actions and that recommendations 1 to 4 be deferred until the report comes to Council.

 

DEP

Report to be prepared following consultation with the Ranger targeting July 2010 GPC.

 

Deferred to August GPC to enable a reasonable account of visits by the Ranger.

 

 

27

SF358

3/06/10

In relation to the Macksville Memorial Aquatic Centre, that Council receive a report on funding sources for the projected expenditure which will be required to maintain the facility.

 

GM

August 2010.

 

 

28

SF1480

17/06/10

Council conduct an inspection of the Nambucca Beach Holiday Park (Swimming Creek)

 

GM

July 2010 GPC

 

 

29

SF15

17/06/10

Council receive a report on what might constitute a reasonable charge for persons selling livestock through the Macksville saleyards and provide information regarding fees charged at neighbouring saleyard complexes

.

GM

July 2010 GPC

 

 

30

SF1092

17/06/10

Council receive a report on management arrangements for the Bowraville Golf Course

 

GM

July 2010 Council

 

 

31

SF653

17/06/10

Council receive a report on Council?s value of assistance provided to Ganly?s Gardeners.

 

DES

Report to 15 July

From May 2009 $7,900

 

 

32

SF1446

17/06/10

That a report be brought forward on the existing policy on tree removal relating to the fee payable with reference to the numerous requests received for the removal of trees from public land.

 

DES

Report to 15 July

 

 

33

SF841

17/06/10

RTA to erect flood markers showing anticipated 1:100 year FFL with and without the new highway at Kings Point and River Street.

 

DEP

This will be followed up with the RTA.

 

 

JULY 2010

 

 

34

SF1498

1/07/10

Report on exhibition of Draft Nambucca DCP be deferred to GPC on 14 July 2010 and a report be provided to Council as to when the dwelling was approved on that land (the piggery on Irvines Road) and who approved it.

DEP

Report to GPC on 14 July 2010

 

 

35???????????

SF1487

1/07/10

Complaint regarding lack of access at the Salvation Army Thrift store in Macksville be investigated and planning staff advise whether a DA was required for the change of use and whether there were any conditions regarding wheelchair access.

 

DEP

Matter being investigated.

 

 

36

SF85

1/07/10

Council request the Fire Commissioner for rent for fire sheds as the ratepayers are asked to pay for their maintenance.

 

DES

Letter sent 6 July 2010.? Note?it was local government that sought the retention of ownership of bushfire brigade sheds in 1997 when existing arrangements were put in place.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.3????? SF1528??????????? 150710???????? Government Information (Public Access) Act 2009 (GIPA Act)

 

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

 

Summary:

 

A new Act to replace existing freedom of information laws came into effect on 1 July 2010.? The Government Information (Public Access) Act, commonly referred to as the GIPA Act creates new and additional reporting requirements.

 

The Act requires that Council develop a publication guide of all of its information which is publicly available.? The guide has to be completed within 6 months and then reviewed on at least an annual basis.? Council then has to ensure the information identified in the publication guide is accessible at no cost.? The minimum requirement for the provision of information requires that Council develop and maintain registers and other information which it hitherto has not collected and made publicly available on its website.

 

There is considerable work required to present this information on Council?s website in the form required by the legislation, and particularly in ensuring that the registers are continually updated and uploaded to the website.

 

The proposed plan of action for the implementation of the GIPA Act is as follows:

 

1??????? Review all Council policies (by August 2010)

2??????? Prepare and maintain the various registers for a trial period (registers prepared by August 2010 and ????????? trialled by September 2010)

3??????? Collate all information which is to be open access information (by September 2010)

4??????? Complete publication guide and submit to the Information Commissioner (by October 2010)

5??????? Upload all open access information to the website with linked referencing (by November 2010) *

 

Note: Council can choose how to make available open access information.? Given the volume of the information and that some of it will be frequently amended, the only feasible means of delivering it is through Council?s website.? As such it is acknowledged that not all people have access to the internet or are competent users of the internet.

 

 

Recommendation:

 

That Council note the implementation arrangements for the Government Information (Public Access) Act 2009 being:

 

1??????? Review all Council policies (by August 2010)

2??????? Prepare and maintain the various registers for a trial period (registers prepared by August ????????? 2010 and trialled by September 2010)

3??????? Collate all information which is to be open access information (by September 2010)

4??????? Complete publication guide and submit to the Information Commissioner (by October 2010)

5??????? Upload all open access information to the website with linked referencing (by November ????????? 2010)

 

 

 

OPTIONS:

 

The GIPA Act has become law.? The only options relate to alternative means of achieving compliance.

 


DISCUSSION:

 

A new Act to replace existing freedom of information laws came into effect on 1 July 2010.? The Government Information (Public Access) Act, commonly referred to as the GIPA Act creates new and additional reporting requirements.

 

The object of the Act is stated as follows:

 

(1)? In order to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, the object of this Act is to open government information to the public by:

 

(a)????? authorising and encouraging the proactive public release of government information by agencies, ? and

 

(b)????? giving members of the public an enforceable right to access government information, and

 

(c)????? providing that access to government information is restricted only when there is an overriding public ??????? interest against disclosure.

 

Government agencies including councils must, at intervals of not more than 12 months, review their program for the release of government information to identify the kinds of government information held by the agency that should in the public interest be made publicly available and that can be made publicly available without imposing unreasonable additional costs on the government agency.

 

Within 6 months Council must adopt its first publication guide and then review the guide at least every 12 months.? The guide is to:

 

(a)????? describe the structure and functions of Council;

(b)????? describe the ways in which Council?s functions affect the public;

(c)????? specify any arrangements that exist to enable the public to participate in the formulation of Council?s policies and functions;?????????

(d)????? identify the kinds of information held by Council;

(e)????? identify the kinds of information held by Council that is made publicly available;

(f)?????? specify the manner in which Council will make the information publicly available;

(g)????? identify the kind of information that will be made publicly available free of charge and those kinds of information for which a charge will be imposed.???

 

A council must make government information publicly available as provided by its publication guide.

 

Council must notify the Information Commissioner (a position created by the new Act) before adopting or amending a publication guide.

 

?A person is not subject to any prejudice because of the application of the provisions of an agency?s policy document if that policy document was not publicly available as required by the Act.? This could be a significant issue with regulatory matters if it can be shown that, for whatever reason, a particular policy document was not publicly available or not publicly available in its current form.

 

Council must keep a record (disclosure log) that records information about access applications made to Council and that the Council decides by deciding to provide access.

 

Another important disclosure requirement is that Council is to keep a register of government contracts being each contract which Council enters into with a value of $150,000 or more.? This includes all contracts for goods and services as well as contracts for the sale/purchase of real estate.? Additional information is required where there has not been a tender process and the contract has not been made publicly available of if publicly available the terms and conditions have been substantially negotiated.? The value of a contract is whichever of the following values is appropriate to the kind of contract concerned:

 

(a)????? the total estimated value of the project,

 

(b)????? the total estimated value of the goods or services over the term of the contract,

 

(c)????? the value of the real property transferred

 

(d)????? the rent for the term of the lease

 

However, the disclosure requirement does not require the inclusion of the commercial-in-confidence provisions of a contract.

 

Council is required to publish its contracts register on its website with contracts having to be entered into the register within 60 days of becoming effective.

 

Schedule 1 of the Act lists information that is prescribed as open access information which has to be made available to the public by councils.? This information is:

 

1.???????? code of conduct

2.???????? code of meeting practice

3.???????? annual report

4.???????? auditor?s report

5.???????? management plan

6.???????? EEO management plan

7.???????? policy concerning payment of expenses and the provision of facilities to councillors

8.???????? annual reports of bodies exercising delegated functions

9.???????? returns of interests of councillors, designated persons and delegates

10.??????? agendas and business papers

11.??????? meeting minutes

12.??????? reports on the council by the Division of Local Government

13.??????? land register

14.??????? register of investments

15.??????? register of delegations

16.??????? register of graffiti removal work kept in accordance with Section 13 of the Graffiti Control Act 2008

17.??????? register of current declarations of disclosures of political donations

18.??????? register of voting on planning matters

19.??????? local policies concerning approvals and orders

20.??????? plans of management for community land

21.??????? environmental planning instruments, DCP?s and contributions plans

22.??????? development applications generally, except for plans and specifications for any residential parts

 

There is considerable work required to present this information on Council?s website in the form required by the legislation, and particularly in ensuring that the registers are continually updated and uploaded to the website.? The Council has not maintained a register of voting on planning matters nor the less frequently demanded register of graffiti removal work which for the record states as follows:

13   Register of graffiti removal work

????? (1)  A local council must keep a register of graffiti removal work carried out in accordance with this Part.

????? (2)  The register is to specify in respect of each incidence of graffiti removal work carried out:

????????? (a)  the owner or occupier of the premises on which the graffiti was situated, and

????????? (b)  the nature of the work carried out, and

????????? (c)  the actual cost, or an estimate of the cost at current market rates, of carrying out the work, and

????????? (d)  in the case of graffiti removal work carried out in accordance with section 11?the actual amount ????? charged by the local council for carrying out the work.

 

In relation to the provision of access to development applications, Council currently has DA?s on line whereby certain fields in its electronic DA records can be viewed externally.? This system is currently being transferred from the old Fujitsu software to the new Authority software.? Enquiries are being made to include an additional field which will pick up scanned plans (excluding internal layouts).

 

Council?s new Authority computer software does have an optional E Services module which allows direct external internet access to nominated Council registers, ie they don?t have to be manually uploaded to the website.? However this comes at a cost of $37,143 for the first year and $14,580 per annum thereafter.? Alternatively the various updated registers will need to be manually uploaded to the website on a weekly basis.? Once the registers are in place an assessment will need to be made of the cost/benefit of these two alternatives.

 

The proposed plan of action for the implementation of the GIPA Act is as follows:

 

1.?????? Review all Council policies (by August 2010)

2.?????? Prepare and maintain the various registers for a trial period (registers prepared by August 2010 and ???????? trialled by September 2010)

3.?????? Collate all information which is to be open access information (by September 2010)

4.?????? Complete publication guide and submit to the Information Commissioner (by October 2010)

5.?????? Upload all open access information to the website with linked referencing (by November 2010) *

 

* note ? Council can choose how to make available open access information.? Given the volume of the information and that some of it will be frequently amended, the only feasible means of delivering it is through Council?s website.? As such it is acknowledged that not all people have access to the internet or are competent users of the internet.

 

CONSULTATION:

 

The General Manager and Records Officer have attended GIPA training.? The training was more concerned with applications for access and the public interest test than the mechanics of establishing access to the information.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

Council has only dealt with one Freedom of Information Act application in the past 4 years.? Nearly all enquiries for information are satisfied by the information which Council makes publicly available.? The Act?s noble call to advance open government through the proactive public release of government information by agencies and by giving members of the public an enforceable right to access government information is not responding to any discernible problem with this Council?s operations.

 

Economic

There are no economic implications.

 

Risk

The Office of the Information Commissioner has already written to Council about compliance monitoring.? As compliance can be readily checked through access to Councils? websites it is anticipated that non-compliance with the provisions of the Act will be readily detected.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

At this stage there are no impacts on current and future budgets.? However considerable staff resources will need to be applied to the collation and maintenance of the information on Council?s website.

 

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.4????? SF638????????????? 150710???????? Future tenure of Valla Beach Community Pre-school

 

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

 

-Summary:

 

Council is the registered proprietor of Lot 8 in Deposited Plan 821952 being a parcel of land on Valla Beach Road of approximately 1.8 hectares.

 

Situated on the land are the Valla Community Pre-School and the Valla Community Hall.

 

The Valla Beach Urban and Hall Committee of Management oversee the use of the land including management of a license to the Valla Community Pre-School Inc.

 

The Valla Community Pre-School (?the Pre-School?) seeks to extend the existing preschool facilities to accommodate the current and future demands for their services.? Given the level of investment and effort required for the project the Pre-School seeks assurances from Council that the land will continue to be used as a Pre-School site into the foreseeable future.

 

Currently Council reviews (and grants) a lease to the Valle Beach Pre-School Inc for part Lot 8 DP 8210952 on a three year basis.

 

Absolute security of tenure can be granted to the Pre-School by either transferring title or extending a long term lease.? Both options will require the land to be subdivided and in such event Council would need to consider how to fund the cost of a simple subdivision. (Estimated at $137,000).

 

In the alternative a less ?secure? assurance can be given to the preschool by way of a detailed Plan of Management which provides for the continued and long term use of all or part of the land for Pre-School services.

 

In the event of Lease or sale the continued use of the Community Hall can be facilitated by way of a long term licence back to Council.? The Valla Beach Urban and Hall Committee of Management would need to be consulted in this respect

 

The land is currently classified as Community Land, however, there is no current Plan of Management.

 

Reclassification is required to enable a transfer (sale).? The Local Government Act provides for the mechanism of reclassification through the LEP process including community consultation and exhibition periods.

 

 

RECOMMENDATION:

 

That Council formulate a Plan of Management for Lot 8 DP 821952 with specific reference to the continued use of that part of the land currently utilised as a Pre-School and provision for leasing of the premises as a Pre-School.

 

 

OPTIONS:

 

There is no option to subdividing the land should Council elect to grant a long term lease of the land or transfer title to the land to the Valla Beach Community Pre-School.

 

Council can opt to retain the Community classification or to reclassify the land as Operational. Reclassification of the land to Operational would avoid the preparation costs and ongoing administration costs of a Plan of Management and make dealings in the land more flexible and streamlined.

 

An option for financing a subdivision includes the sale of the residual land to the east of the current Pre-School with the balance of proceeds being disbursed at the direction of the Valla Beach and Urban Hall Committee of Management on Valla Beach community facility projects.? Operational classification is required to achieve this.? Accordingly, the optional recommendation would be:

 

1????????? That Council reclassify Lot 8 in Deposited Plan 821952 as operational land pursuant to the provisions of the Local Government Act 1993.

 

2????????? That Council effect a three lot subdivision of Lot 8 in Deposited Plan 821952 to:

 

2.1?? excise the portion of land currently utilised as a car park, pre school, playground and community hall; and,

2.2?? create a single house lot on the eastern edge of the existing parcel; and,

2.3?? create a single residual lot to the western edge of the existing parcel.

 

3????????? That Council offer to the Valla Beach Community Pre-School Inc a 20 year Lease of part Lot 8 in Deposited Plan 821952 comprising the area occupied by the Valla Beach Community Pre-School, playground and car park and to be registered as a free hold lot following subdivision, on terms largely similar to the current license between Council and the Valla Beach Community Pre-School Inc dated 1 April 2009.

 

4????????? That Council obtain as a provision of the proposed long term lease to Valla Beach Community Pre-School Inc a license for Council to use the community facilities associated with the Pre-School including the car park, kitchen, community hall, outside toilets, and fenced area, such license to be concurrent with the head lease and on a rent free basis.

 

5????????? That Council authorise the General Manager and Mayor to conclude negotiation for the terms of the proposed Lease of part Lot 8 in DP 821952 to Valla Beach Community Pre-School Inc and to execute any documents required to give effect to the Agreement.

 

6????????? That Council finance the subdivision process from the net proceeds of the sale of the single house lot created from the sub division with the balance of proceeds to be disbursed at the direction of the Valla Beach and Urban Hall Committee of Management on Valla Beach Community facility projects.

 

7????????? That Council authorise the General Manager and the Mayor to execute any documents required to give effect to the proposed 3 lot subdivision of Lot 8 in Deposited Plan 821952.

 

 

DISCUSSION:

 

Council has received a request from the Valla Community Pre-School Inc. for assurance that the land will continue to be used as a Pre-School facility into the foreseeable future. . The request was prompted by the Pre-School?s plans to invest a further $250,000 in the facilities at the property.? The Pre-School seeks a greater security of tenure in light of the level of proposed investment.

 

By way of background information - Title records indicate that Council acquired the land from the Department of Education in 1991.

 

The land is currently zoned 5(a) Special Uses, however, the proposed new LEP has designated the area as low density residential land.

 

The land is classified as Community Land and accordingly Council is restricted in its dealings with the land including long term leasing and/or sale.

 

Situated on the land is the Valla Beach Community Hall.? Adjoining the Hall is the Valla Beach Pre-School.

 

The Valla Beach Urban and Hall Committee of Management manage the land including an ongoing license arrangement for the area occupied by the Pre-School.? The Licence is to Valla Beach Community Pre-School Inc and is current to 30 March 2012.? Annual base rent of $724.66 + GST is paid to and disbursed by the Committee of Management.

 

There is currently no plan for the residual land to the west of the Pre-School and car park.

 

Members of the executive of the Valla Pre-School Inc have advised that a Plan of Management which provides for the continued and long term use of the land as a Pre-School precinct might be sufficient security for their further development plans.

 

Valla Community Pre-School Inc is a Not-for-Profit organisation with a charter to provide Pre-School services to the local community.? The Valla Community Pre-School provides the only registered and licensed Pre-School service in the Valla area.? Families from the immediate Valla Community as well as from Scotts Head, Nambucca and Bowraville use the service.

 

The Pre-School has been proactive in obtaining Government grant funding to continue with its improvement program.? The Pre-School has invested over $130,000 into facility and building improvements.? A further $250,000 has been raised to further expand the facilities and services available.

 

A more secure tenure is sought by the Pre-School in light of their substantial investment in the property.?

 

Current lease arrangements - Council resolved in March 2006 to grant a lease for a period of three years having considered the Senior Administrative Officer?s report dated 16 March 2006 on the matter.

 

In essence, the report considered Council resolution of 21 June 2001 to renew the lease of Part lot 8 DP 821952 to the Pre-School for a period of ten years with an option to renew the lease for a further period of ten years.

 

On 17 October 2002 Council resolved to review the lease period from ten (10) years with a ten year option to a license for three years (3) with a written assurance of renewal.? Three year licenses have been provided to the Pre-School since then.? The current arrangements do not provide secure long term tenure for the Pre-School.

 

The way forward ? On the presumption that Council desires the Valla Community Pre-School to continue providing Pre-School and child care services to the community, security of tenure can be provided in one of three ways:

 

1??????? Subdivide the land and transfer Title to the Pre-School.

 

2??????? Subdivide the land and extend a long term (say 20 year) lease to the Pre-School.

 

3??????? Prepare a detailed Plan of Management which makes specific provision for the continued and long term use of all or part of the land as a Pre-School facility.? (Note: That this does not give the Valla Pre-School Inc absolute security of tenure nor does it obviate the need for a subdivision should a long term lease be sought).

 

Under the first two options a reclassification of the land from Community to Operational is required.?

 

The long term lease option allows Council to retain the asset but can still ensure that the improvements are maintained and improved pursuant to lease conditions.? In any event the Pre-School will need to ensure that maintenance and improvements are of sufficient standard to obtain ongoing operating approval.

 

Council can approach the leasing of the land in two ways:

 

1??????? In the first instance, Council can reclassify the land as Operational to enable more flexible leasing arrangements to be concluded.? From an ongoing administrative perspective this is the more economical option for Council.

 

2??????? Alternatively, Council can retain the ?Community ?classification.? In this instance Council will need to formalise the classification and sub-classification of the Community land and compile a Plan of Management with terms consistent with the use of the land as a Pre-School.

 

????????? Council can lease Community Land for a use consistent with the Plan of Management and the core objectives of the sub-classification for a period of up to 21 years.? The requirement for a subdivision, however, will still apply.? Consideration needs to be made to the funding of this exercise.

 

Valla Community Hall - the pre school and community hall comprise a single structure. To date the shared use of the hall and facilities has not presented any problems and it is envisaged that this would not change. Notwithstanding this the shared use arrangements will need to be formalised. It is proposed that the Community hall be licensed back to council under an agreement running concurrently with the head lease.

 

Subdivision ? Council?s Planning Department advises that a development application for a three lot subdivision would need to be lodged together with the standard supporting documents and plans.? Further, such consent would include the requirement for the provision of services to the respective lots (Country Energy, water and sewer) as well as the payment of Section 94 and 68 contributions.? It is estimated that the cost of the subdivision exercise will be in the order of $137,000.? It should be noted that this estimate has not accounted for bushfire reports and planning issues.? It may well be that given the area, specific building envelopes and APZ requirements will need to be registered on the Plan of Subdivision.? The current budget has not allowed for this type of expenditure, hence the suggestion for the sale of part of the residual land.? The proceeds of the sale can finance the subdivision process.? This, of course, is entirely contingent upon the Gazetting of the new LEP to confirm the future zoning of the land as Low Density Residential Land.

 

 

CONSULTATION:

 

Valla Beach & Urban Hall Committee of Management

Valla Community Pre School Inc (Treasurer)

Senior Town Planner

Strategic Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 

Social

 

The recommendations and options provide an opportunity for an effective and motivated community group to continue to provide services to the local community and pursue plans to expand and improve current Pre-School facilities.

 

Economic

 

The recommendations do not give rise to any specific economic issues for Council.

 

Risk

 

The recommendations do not give rise to any risk issues.? Although it perhaps should be noted that there are private day care and Pre-School operations in the Shire which may object to any subsidy (be it direct or indirect) extended to the Valla Community Pre-School Inc.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are administrative and registration costs associated with the subdivision including Development Consent, subdivision certificate, survey and plan compilation and registration and section contributions.? It is estimated that this process will cost in the order of $137,000.

 

Likewise there will be an administrative cost to reclassifying the land including advertising the proposal and seeking community consultation, workshopping and reporting to Council.? It is estimated that this process will cost in the order of $3,500.

 

Neither of the above costs have been included in the 2010/2011 budget

 

 

Source of fund and any variance to working funds

 

The optional recommendation proposes that the source of funds required for the exercise be drawn from the proceeds of the proposed sale of land.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.5????? SF1446??????????? 150710???????? Fees and Charges - Section 94 Contributions:? Bellwood Local Roads and Traffic Contribution Plan 2009

 

AUTHOR/ENQUIRIES:???? Faye Hawthorne, Accountant ????????

 

Summary:

 

The Nambucca Shire Section 94 Developer Contributions Plan for ?Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009? was adopted by Council on 3 September 2009.

 

These charges were omitted from the 2010/2011 Fees and Charges when they were adopted by Council on 17 June 2010 and are now submitted to Council for inclusion in the current Fees and Charges with the CPI increase of 2.1%.

 

 

Recommendation:

 

1??????? That Council amend its Fees and Charges to include the Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 as per below.

 

2??????? That the proposed amended Fees and Charges be advertised in accordance with the Local Government Act and a report be brought back to Council after the exhibition period for adoption.

 

 

 

OPTIONS:

 

1????????? Council may choose not to endorse the inclusion of the Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009, in the 2010/11 Fees and Charges at the increased CPI rate.

2????????? Council can choose to endorse the inclusion of the Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009, in the 2010/11 Fees and Charges with the CPI adjustment as per the Contribution Plan.

 

 

DISCUSSION:

 

Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 authorises Council to require a monetary developer contribution on all new residential and commercial development in the identified road catchment.?

 

The Contribution Plan was adopted by Council on 3 September 2009.

 

Under the contribution plan it states that the rates will be amended annually from 1 July and increased according to the previous March Quarter CPI to allow for increases in the cost of provision for facilities. Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest CPI (All Groups ? Sydney) as published quarterly by the Australian Bureau of Statistics (ABS).?

 


The table below shows the current rates for the Contribution Plan for inclusion in the 2010/11 Fees and Charges:

 

Bellwood Local Roads & Traffic Infrastructure 2009 adopted 3.09.09

Residential

 

 

 

 

 

Per Person Rate

 

 

 

 

1,208.00

 

 

 

 

 

 

Subdivision/New Lot (eqv 2.4 persons) each

 

 

2,899.20

 

 

 

 

 

 

Detached (Dual Occupancy)

 

 

 

 

1 Bedroom(1.6 Persons)

 

 

 

1,932.80

2 Bedroom(1.9 Persons)

 

 

 

2,295.20

3 Bedroom(2.4 Persons)

 

 

 

2,899.20

 

 

 

 

 

 

Semi/Row.Townhouse.Unit

 

 

 

 

1 Bedroom(1.2 Persons)

 

 

 

1,449.60

2 Bedroom(2.3 Persons)

 

 

 

2,778.40

3 Bedroom(2.3 Persons)

 

 

 

2,778.40

 

 

 

 

 

 

Additions/Increased Capacity/

 

 

 

 

? Additional Bedroom (equiv 0.3 persons) each

 

 

362.40

 

 

 

 

 

 

Self Contained/Independent Seniors Living each

 

 

1 Bedroom(0.6 Persons)

 

 

 

724.80

2 Bedroom(0.8 Persons)

 

 

 

966.40

3 Bedroom(1.0 Persons)

 

 

 

1,208.00

 

 

 

 

 

 

Tourist per Bed (equiv 0.3 Persons)

 

 

362.40

 

 

 

 

 

 

Aged Care per Bed (equiv 0.3 persons)

 

 

362.40

 

 

 

 

 

 

Educational institution per pupil (equiv 0.5 persons)

 

604.00

 

 

 

 

 

 

Commercial

 

 

 

 

 

Per GFA sq m Rate

 

 

 

 

383.00

 

 

 

 

 

 

? Per car space Rate

 

 

 

 

11,502.00

 

 

Conclusion

 

The Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 has been prepared for the express purpose of providing Council with adequate funding for the construction of new local road and traffic facilities.? The Plan has been indexed the same as other Section 94 plans and now requires inclusion in the 2010/2011 Fees and Charges.

 

 

CONSULTATION:

 

Not Applicable

 

SUSTAINABILITY ASSESSMENT:

 

Section 94 Plans form an important strategic planning tool for Council and as such provide longer term sustainability of infrastructure and facility delivery.

 

 

FINANCIAL IMPLICATIONS:

 

Section 94 developer contributions represent a significant income stream for Council in assisting with the provision of new road infrastructure, where that infrastructure is required as a result of new development demands.? The provision of the road infrastructure relies on developer contributions to fund the works program.

Direct and indirect impact on current and future budgets

 

The impacts are detailed in the report.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.6????? RF400????????????? 150710???????? Section 94 Developer Contributions - Smiths Lane - Local Roads and Traffic Contribution Plan 2010

 

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

 

Summary:

 

This Report details the preparation of the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 and advises Council that it is now completed and ready for public exhibition.

 

The contribution plan has been prepared in response to the future subdivision potential within the Smiths Lane road catchment which will increase traffic volumes along the length of Smiths Lane.? In order to meet this increased traffic demand, Smiths Lane will require upgrading to a stage that provides for a sealed pavement and improved road shoulders along its entire length, with ancillary drainage works and minor works at the intersection of Smiths Lane and Wilson Road.

 

The Draft contribution plan outlines the scope of works, estimated cost to undertake the upgrading works, the developer contribution to be levied per lot, and the estimated schedule for delivery.

 

The draft plan is circularised for Council?s information.

 

 

 

Recommendation:

 

That Council endorse the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 for public exhibition for a period of 28 days

 

 

 

OPTIONS:

 

Council may choose not to endorse the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010.? This may ultimately see the need for Council to fund future traffic management measures or limit future development in order to maintain acceptable traffic impacts.

 

 

DISCUSSION:

 

Introduction

The new Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 authorises Council to require a monetary developer contribution on all new residential development in the identified road catchment, described in the contribution plan.? The plan details how Council proposes to collect and spend the contributions on new road and traffic infrastructure, required as a result of new development placing increased demand on existing local road and traffic infrastructure.? This new road and traffic infrastructure involves the pavement sealing, shoulder improvement and corresponding works, including drainage and signage, required to upgrade Smiths Lane to a standard suitable to meet the increased traffic demand expected as a result of new residential development in the catchment.

 

Objectives of the Contribution Plan

The Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 authorises Council to undertake a specific works program to provide new or extended road and traffic infrastructure identified in the contribution plan.? The contribution plan has the objective of:

 

(a)? identifying infrastructure to be provided through the use of future contributions collected under this plan

 

Under the current Legislation a developer contribution can only be sought where an adopted contribution plan is in place and where the authorisation to demand a developer contribution is underpinned by the demonstration of nexus between the development from which a contribution is sought and the facility or infrastructure to be provided. Council?s authority to demand a developer contribution is therefore retained through the adoption and enforcement of a contribution plan.

 

Cost Estimates for Provision of New Traffic Infrastructure

The total cost of providing the new roads infrastructure described in this report is estimated at $702,000 and will be funded 100% of total project cost through section 94 contributions.

 

Item 1:??????? Upgrade: Upgrade to Smith Lane for approximately 1.3kms

Total Project Cost: $702,000 (inclusive of contingencies)

?????? Works to include rehabilitation of road formation, road pavement, improvements to road shoulders and corresponding works associated with construction

 

Contribution Base Rates

Development is apportioned to contribute 100% of the cost of provision. The base rates are established on a per person occupancy basis, with a new lot considered the equivalent of a three bedroom house. Based on Australian Bureau of Statistics Census 2006 data the occupancy rate in Nambucca Shire, for an average 3 bedroom dwelling, is 2.4 persons. Based on a predicted population increase of 72 persons across the catchment, base rate is calculated at $9,360 per person or, $9,360.00 per new residential lot.

Contribution base rates applicable across the plan catchment are described at Table C.3 of the contribution plan.

 

Timeframe for Roads Infrastructure Delivery

The timeframe for the delivery of the road infrastructure detailed in this report is described in the contribution plan work schedules Table C.1 and Table C.2.

 

In summary, it is expected that the upgrade to Smiths Lane will be undertaken prior to the initial lot release.

 

Conclusion

The Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010has been prepared for the express purpose of providing Council with adequate funding for the construction of new local road and traffic facilities as detailed in the contribution plan work schedule.? The contribution plan clearly demonstrates the nexus between new residential development, and the need for improved road infrastructure to meet that demand.? The estimated total project costs are explained and the costs of providing the new infrastructure is reasonable and fairly apportioned between new commercial development and new residential development as has been determined by traffic modelling.? The base rates for development allow for the 100% recoupment of cost through section 94 contributions over the life of the plan.

 

 

CONSULTATION:

This section 94 contribution plan was prepared reviewed in consultation with Council officers from the Environmental Planning, Engineering Services and Corporate Services directorates. The plan was subject to internal review and agreement on format and content prior to issue.

 

 

SUSTAINABILITY ASSESSMENT:

 

Section 94 Plans form an important strategic planning tool for Council and as such provide longer term sustainability of infrastructure and facility delivery.

 

 


FINANCIAL IMPLICATIONS:

 

Section 94 developer contributions represent a significant income stream for Council in assisting with the provision of new road infrastructure, where that infrastructure is required as a result of new development demands.? The provision of the road infrastructure detailed in this plan relies on developer contributions to fund the works program. However Council may determine such works are required beforehand.? As such, the roadworks may need to be funded by either Council sourcing money from general revenue or taking out a loan to fund the works and recouped under the section 94 plan.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.7????? SF380????????????? 150710???????? Loan Agreement and Lease of Bowraville Theatre to Bowraville Arts Council

 

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

 

Summary:

 

This report is resubmitted following Council resolution at its ordinary meeting of 6 May 2010 to defer consideration for one month.

 

Council has advanced loan monies to the Bowraville Arts Council (BAC) in the amount $219,000.00 (Council resolution 18/12/2003) under a loan Agreement dated January 2004.

 

The funds were advanced as contribution towards the acquisition and restoration of the Bowraville Theatre.

 

The loan repayment schedule has not been met nor has Council sought to enforce the provision of the loan Agreement.? The loan was being repaid solely from the net proceeds of the lease of part of the Theatre building to the Bowraville Pharmacy.? The lease to the Pharmacy has now expired and the tenant has vacated the premises. Repairs are being effected to the premises with a view to reletting upon completion.

 

The BAC executive has advised that it does not currently have nor does it foresee that it will achieve the financial capacity to meet the loan repayments. The BAC further comments that the original loan agreement was ?inappropriate and probably unenforceable?. ?The BAC has requested that the loan balance of $173,957.79 be waived. The BAC points to the in kind work and funds raised by the BAC through Grants which have appreciated the theatre as a Council asset. The BAC is of the view that this contribution exceeds the original loan amount.

 

Council has leased the Theatre (excluding the Chemist shop) to the BAC under a registered lease since 29 August 2003.? Rent and outgoings have never been paid under the lease nor has Council pursued enforcement.? The BAC has requested that the rent and outgoings provision of the lease be waived.

 

Staff have discussed the history of the matter with representatives from the BAC from which it is clear that the exact intention of the loan and lease agreement are uncertain.

 

What is certain is that the BAC has expended thousands of hours restoring and operating the Theatre over the past 10 years. The BAC have produced a business plan with the objective of making the Theatre self sustaining within 5 years. In the meantime however the BAC seeks ongoing financial support from Council.

 

The Council and the BAC, through their efforts and that of their volunteers, has produced an iconic destination in the Bowraville streetscape.? The Theatre and Coffee Lounge are a valuable asset to the local and Shire-wide community.

 

 

 

Recommendation:

 

1????????? That the loan Agreement pursuant to Council resolution dated 15 January 2004, between the Nambucca Shire Council and the Bowraville Arts Council Incorporated, be rescinded and that Council waive the balance of the outstanding loan amount of $173,957.79.

 

2????????? That Council seek to? terminate the lease Agreement dated 29 August 2003 between Nambucca Shire Council and the Bowraville Arts Council Incorporated for part Lot 1 DP 330860 and contemporaneously enter into a new lease Agreement with the Bowraville Arts Council Incorporated over all of Lot 1 in DP 330860 for a term of 10 years on mutually agreed terms.

 

3????????? That Council direct all net proceeds from the lease of Lot 1 DP 330860 to a Reserve established specifically for the ongoing upkeep and development of the Bowraville Theatre.

 

4????????? That Council authorise the Mayor and the General Manager to sign on behalf of Nambucca Shire Council all necessary documents to give effect to the rescission of the loan Agreement between Nambucca Shire Council and the Bowraville Arts Council, and to affix Council?s seal on the Rescission Agreement where necessary.

 

5????????? That Council authorise the Mayor and the General Manager to sign on behalf of Nambucca Shire Council all necessary documents to give effect to the termination of the current lease of Part Lot 1 DP 330860 to the Bowraville Arts Council, including any sublease, and at the same time negotiate and enter into a fresh lease Agreement with the Bowraville Arts Council Incorporated for a term of 10 years on mutually agreed terms and that the seal be affixed to the termination and lease documents where necessary.

 

 

 

OPTIONS:

 

From a corporate services perspective there are two issues to consider in this matter.

 

1??????? The first is that of the outstanding loan amount. The path to the provision of the original and subsequent loans is convoluted and it is not entirely clear from documents and minutes to hand what the intention of council was at the time. In any event there is little evidence that the borrower?s capacity to repay the loan amount was fully investigated prior to advancing the loan(s).? Current financial records indicate that the borrower does not have the capacity to service the loan(s) and, on the basis of recent trading figures, is unlikely to achieve a servicing capacity in the future.? On this basis it would be futile to seek to enforce the loan Agreement (noting that there is no security for the loan) and/or to continue to carry the debt on Council books.

 

????????? a??????? Council can elect to enforce the loan Agreement, however, it should be noted, as stated above, that there is no security for the loan nor does the borrower have financial reserves available to meet repayment cost let alone litigation costs.

 

????????? b??????? Council can write off the debt or only part of the debt and seek to enforce repayment of the balance. This would be a matter of negotiation between the parties.

 

????????? c??????? Council can maintain the status quo, that being to continue to waive the requirement for the BAC to repay the loan but review the matter again, in say five years, with a view to recommencing repayments if trading figures improve.?

 

2??????? The second is that of the ongoing management of the property.? Under the current arrangements the BAC are defacto Section 355 Committee managers for the property with the exception of the Chemist Shop which is leased from Council directly.? The current lease expires in 2018, which the executive of the BAC assert is insufficient time to enable them to raise funds for future projects (which appear pivotal to the roll out of the five year business plan) ?

 

????????? a??????? Council can elect to enforce the lease Agreement (this would not yield any significant financial advantage and would likely result in the loss of an otherwise effective and committed management committee in the form of the Arts Council)

 

????????? b??????? Operation of the Theatre by Council employed day labour is a consideration but is not feasible given the operating budget and income potential of the Theatre.

 

????????? c??????? Terminate the current lease in favour of a longer term lease ( say 10 years)? to the Bowraville Arts Council for the entire property on terms that include

 

?????????????????? i???????? Bowraville Arts Council as lessee assume full care and control of the property.

?????????????????? ii??????? The lease be for a period of 10 years

iii?????? The lease contain provision enabling the lessee to sublet all or part of the property with Council consent

iv?????? The rent proceeds of the head lease be disbursed to a sinking fund for the future capital improvement and repairs of the Bowraville theatre ( as distinct from day to day maintenance and repairs)

v??????? The lessee meet all rates and government charges applicable to the property? such proceeds to be disbursed in the same manner as rent payments.

vi?????? Other such terms and conditions deemed necessary by council legal advisors.

 

The recommendation (1) is preferred because the BAC have been unable to repay their loan commitments for the past 6 years and there is nothing to suggest this will change within another 5 years.? Further the loan liability is recorded as an asset on Council?s balance sheet but at the same time there has been no debt recovery action or action to enforce the lease Agreement. Further Mr Jim Boswelll of the BCA executive advises that the existence of the outstanding loan amount is ( ?at least in a psychological sense?) a barrier to ongoing volunteer efforts and motivation.

 

 

DISCUSSION:

 

Loan matters

In 2004 Council entered into a loan Agreement with BAC wherein Council loaned funds in the amount $219,000.00 to the BAC to enable it to complete restoration of the cinema and foyer area of the building.

 

The loan amount increased the balance of an existing loan of $75,000.00 which was extended to the BAC as bridging finance for contribution towards the purchase of the Theatre building pending receipt of expected grant funds. It is unclear why Council loaned funds to the BAC for an acquisition that resulted in council being registered as the owner of the property.

 

Council subsequently resolved (15 January 2004) ??that the loan to the BAC be interest free for a period of 10 years, due to reasons of over expenditure, and to allow Council to recoup its investment without jeopardising the ongoing viability of the Theatre?.? The loan Agreement therefore requires the BAC to make monthly repayments of $1,850.00 for a period of ten years.

 

Repayments on the loan have been drawn solely from the net proceeds of the rentals collected from the Chemist shop.? That lease has now expired and the tenant has vacated the premises.

 

The BAC make the point that whilst loan funds have contributed towards the acquisition and refurbishment of the theatre the amount is only a fraction of the total funds raised and contributed by the BAC and its volunteers to the project over the last ten years

 

The BAC executive has advised that it does not currently have, nor does it expect to have the financial capacity to meet the loan repayments in the foreseeable future and accordingly the BAC has requested that the balance of the loan amount be waived. Council?s finance staff have reviewed the finance figures submitted and advise that the figures presented do not indicate a capacity to meet the loan repayments.

 

Finance staff advise that there is little cost to Council in keeping the outstanding loan balance on our books and advise that, as an alternative to waiving the loan balance entirely, it may be prudent to simply waive repayments for a period of say five years where after Council review the loan serving capacity of the BAC.

 

Leasing matters

Council has leased the Theatre (excluding the Chemist shop) to the BAC under a registered lease since 29 August 2003.? The lease provides interalia for the BAC to pay annual rent of $100.00 in addition to meeting Council rates of $1,232.23 and operating expenses and outgoings.? Accounts for these amounts have not been raised in previous years nor have these amounts been paid by the BAC.? Council has issued an overdue notice with respect to the 2009/2010 rates.

 

Councils asset officer advises that the following expenses have been met by council in previous years

 

1??????? Insurance at ???????????????????????????? $11,500p.a

2??????? Fire Safety Inspection at??????????? $1,000 p.a

3??????? Pest Inspection at ??????????????????? $300 p.a

 

In addition council expended $?? 17,800? on asbestos removal and remediation.

 

It appears that the lease was originally intended to distance Council from possible liability claims, and to extend control over the renovations, including staff, to the incorporated body.? The BAC has requested that the lease payments and outgoings (particularly rates) be waived.?

 

The BAC seeks to ensure the ongoing viability of the Theatre by further developing the building to incorporate dressing rooms to the back of the Theatre and provide necessary access for people with disabilities to the stage.? Both projects are on hold pending confirmation of adequate funding.

 

The BAC advise that notwithstanding their business plan the current operation of the Theatre is not self sustaining and the impost of the cost of day to day management of the building and operation is beyond the BAC?s financial and volunteer capacity.

 

It has been proposed that the above mentioned cost continue to be met by council in any new lease arrangements.

 

?Mr Boswell? has said that? ? Based on all the work we (the BAC) have done on viability, if the management committee ( Council)? decides that the lease should be managed in the way that is being recommended, the Bowraville Arts Council will not be able to continue its lease and will need to withdraw.?

 

 

CONSULTATION:

 

General Manager

Bowraville Arts Council Executive

Manager Finance

Technical Officer - Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 

Social

 

The recommendations are not fully supported by the BAC and in this regard attention is drawn to the above comment by the BAC executive that they will withdraw from lease arrangement if satisfactory terms and conditions can not be reached.? The Theatre serves as a valuable community facility and further development will serve to increase this importance.

 

Economic

 

Writing off the debt is not an insignificant adjustment, however, there is little expectation that the BAC will be able to service the loan in the future.? Option 1c provides for the opportunity to review this assumption and recoup outstanding money in the event the BAC trading performance improves.

 


Risk

 

Risk that should loan serving capacity improve, Council would miss opportunity to have loan repaid, either in full or partially (low probability).

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Whilst the write-off of the loan will affect Council?s balance sheet it is not expected to affect Council?s future budgets.

 

Council as Registered Proprietor of the land currently meets the cost of infrastructure repairs, insurance, pest and fire safety inspection and some maintenance whilst general maintenance is met from operating revenue and managed by the BAC.? This is not expected to change significantly.

 

As the building ages it is reasonable to expect that maintenance costs will increase.

 

Source of fund and any variance to working funds

 

Working funds are not required by the recommendations.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

General Manager's Report

ITEM 8.8????? SF1535??????????? 150710???????? Bowraville Golf Course - Management ARRANGEMENTS

 

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

 

Summary:

 

Council resolved to receive a report on the management arrangements for the Bowraville Golf course at its meeting of 17 June 2010.

 

The Bowraville Golf Course comprises lots 481 DP 700681 (which is freehold land owned by the Bowraville Recreation Club Co-operative Incorporated) and lot 482 DP 780061 which is council owned land comprising the golf course proper and the Hennessey Tape Playing fields.? The land is classified as community land. A management plan for the land is yet to be finalised.

 

Lot 482 is currently leased to the Bowraville Recreation Club for the express purposes to ?provide and maintain for the duration of the lease by way of proper maintenance and upkeep the whole of the property as a golf course?.? It is presumed that the lease refers only to that part of lot 482 comprising the golf course and not the section comprising the playing fields, although this is not expressly stated in the lease document.

 

The current lease expires in March 2016. There are no options to renew the lease.

 

The current lease rental is $5.00 per annum.? The lessee is responsible for all Council rates and charges attributable to the property.

 

A Deed between the Nambucca Shire Council, the Bowraville Recreation Club Co-operative Limited and the owners of the neighbouring land ( being lot 2 DP 706385) provided for a dam to be constructed on the boundary of both lots and extends rights to access and utilise the dam water for irrigating the golf course.

 

The Deed is current for the duration of the lease.

 

 

 

Recommendation:

 

That Council note the current lease arrangements for Lot 482 DP 780061?Bowraville Golf Course.

 

 

 

OPTIONS:

 

The recommendations are submitted for information only.

 

 

DISCUSSION:

 

Please refer to summary

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation does not give rise to any environmental issues

 

Social

 

The recommendation does not give rise to any social issues

 

Economic

 

The recommendation does not give rise to any economic issues

 

Risk

 

The recommendation does not present any risk to council

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on council budgets

 

Source of fund and any variance to working funds

 

Funds are not required.

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

15 July 2010

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 150710???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 5 July 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, 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

2010/123

11/02/2010

Dual Occupancy? - Second Dwelling

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

? Height and density not consistent with current community

? Lot size too small for proposed dwelling

? Concerns with stormwater provisions

DES is considering stormwater impact and feasibility of pumping stormwater to the street.
4/06/10 Applicant engaging engineer to address stormwater concerns. Applicant given further 14 days to lodge information or withdraw application.

DA WITHDRAWN 30 JUNE 2010


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2010/146

27/04/10

Demolition of existing dwelling & construction of 3 townhouses

Lot 11 Section N DP 20823, 60 Wallace Street, Scotts Head

? Sun and natural light reduction to neighbouring dwelling

? 2 storey building imposition on skyline

? Potential noise issues

? Privacy issues

The matters raised will be addressed in the determination of the application.

The proposal generally complies with Council?s planning requirements and appropriate conditions of consent will address the concerns raised in the submissions.

To be determined by mid July.

 

2010/171

07/06/2010

Rural Shed

Lot 3 DP 749153, 6040 Pacific Highway, Nambucca Heads

? Noise issues to adjoining Motel

? Query proposed use of shed

To be determined mid-July with appropriate conditions of consent to address concerns raised.

 

2007/127/01

07/06/10

Dwelling Extensions MODIFICATION

Lot 18 DP 20823, 31 Adin Street, Scotts Head

? Glare from the awning

? Further works may be done without consent

Submission being considered.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 150710???????? DA's and CDC's Received and Determined under Delegated Authority 22 June-30 June 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, 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.

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
22 JUNE-30 JUNE 2010

 

DA Number

Application Date

Development

Address

2010/180

22/06/2010

Shed

Lot 103 DP 1126852, Mackay Place, Newee Creek

2010/181

23/06/2010

2 Lot Rural Boundary Adjustment

Lots 1 & 2 DP 1052827, Scotts Head Road, Way Way

2010/182

24/06/2010

Dwelling (house construction and demolition of shed)

Lot 2 DP 1142500. 13B West Street, Macksville.

 

 

 

DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 22 JUNE-30 JUNE 2010

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/155

Lot 340 DP 873067, 1 River Oak Crescent, Scotts Head

Dwelling-House

150,000

2010/151

Lot 1310 DP 634888, 3 Binalong Way, Macksville

Repositioning demountable building for furniture storage

10,000

2010/164

Lot 171 DP 755560, 1 Cody?s Road, Valla

Awning

8,800

2010/159

Lot 79 DP 1080850, 1 Dickson Street, Nambucca Heads

Dwelling Additions

40,000

2010/172

Lot 1 DP 789198, 215a Wallace Street, Macksville

Patio Cover

9,223

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 July 2010

Director Environment & Planning's Report

ITEM 9.3????? SF1261??????????? 150710???????? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

 

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

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2009-2010 compared with 2008-2009 and Certificate Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

 

2????????? That Council note Occupational Certificate released for the years 2004 to 2010.

 

3????????? That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4????????? That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

Development Application Statistics

 

The figures show a -10.95% decrease in the number of DA?s received to June 2010 with construction costs decreasing by -177.48% compared to the same period in 2008/2009 (there was a particularly large development during this comparison period). The total number of DA?s/CD?s approved for the month of June was 18 plus 0 modification.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2008-June 2009

$49,393,046

233

209

July 2009-June 2010

$17,800,607

210

210

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2010

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

64.63

38.00

89.75

287

38

February

30.29

22.00

38.92

75

6

March

38.88

27.00

56.56

203

1

April

37.00

34.00

42.42

88

6

May

36.00

34.43

67.8

301

6

June

34.31

36.00

54.47

122

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

#Average age of DA?s

 

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

 

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

0

 

 

 

 

 

 

22

2010 Council

3

6

2

1

2

1

 

 

 

 

 

 

15

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (June)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

170

449

123

2005

133

385

78

2006

135

352

109

2007

139

422

104

2008

151

359

100

2009

121

405

88

2010

107

330

72

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

2

 

 

 

 

 

 

31

5.17

Council
2010

10

14

9

12

11

7

 

 

 

 

 

 

63

10.5



Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 July 2010

Director Environment & Planning's Report

ITEM 9.4????? SF285????????????? 150710???????? Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

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

 

Summary:

 

Attached for Council?s consideration are the minutes of the Nambucca Shire Council Community Services Committee meeting held 29 June 2010.

 

The minutes contain 2 recommendation as follows:

 

That Council endorse the members of the Community Services Committee listed as follows: Ms Mari Webb, Mr Paul Sekfy (Neighbourhood Centre Coordinator), Ms Glenys Munro (NV Community Services Council Inc), Ms Kerrie Bowtell (TAFE Outreach), Ms Suzanne Homes (Centrelink), Mr Glenn Robinson (Coffs Clarence Health Participation Forum), Mr Ross Chalmers (Regional Transport Co-ordinator), Ms Denise Olsen (Nambucca Valley Children?s Group Inc and Family Support Services), Ms Angie Evans, Ms Gillian Howie (Centrelink), Ms Chris Latta (Community Services agency), and Ms Jenny Zirkler; noting that the position of Chairperson will remain vacant at this stage with an appointment to be made at the next ordinary meeting; and that when ordinary meetings are held they will be on the second Tuesday of that month at 2.30 pm.

 

The Committee recommends Council undertakes to raise the issue of problem gambling in the Nambucca Shire with the media as a matter of community concern.

 

Also arising from the Community Services Committee meeting are 2 actions which are addressed by this report: that the report on problem gambling be brought to Council?s attention (as per Council?s resolution of 20 April 2010) and that the report from Macksville Health Campus be presented to Council for its information. These items are also attached.

 

 

Recommendation:

 

1????????? That Council endorse the members of the Community Services Committee listed as follows: Ms Mari Webb, Mr Paul Sekfy (Neighbourhood Centre Coordinator), Ms Glenys Munro (NV Community Services Council Inc), Ms Kerrie Bowtell (TAFE Outreach), Ms Suzanne Homes (Centrelink), Mr Glenn Robinson (Coffs Clarence Health Participation Forum), Mr Ross Chalmers (Regional Transport Co-ordinator), Ms Denise Olsen (Nambucca Valley Children?s Group Inc and Family Support Services), Ms Angie Evans, Ms Gillian Howie (Centrelink), Ms Chris Latta (Community Services agency), and Ms Jenny Zirkler; noting that the position of Chairperson will remain vacant at this stage with an appointment to be made at the next ordinary meeting; and that when ordinary meetings are held they will be on the second Tuesday of that month at 2.30 pm.

 

2????????? That Council notes the information on problem gambling and undertakes to raise the issue of problem gambling in the Nambucca Shire with the media as a matter of community concern.

 

 

OPTIONS:

 

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

 

2????????? Not endorse the minutes and recommendations

 

3????????? Endorse the minutes with amended recommendations

 


DISCUSSION:

 

Refer to attached documents.

 

In regard to its own workforce, Council?s General Manager and Human Resources staff are addressing the distribution of information through the staff newsletter and the Workplace Health and Well-being Program.

 

 

CONSULTATION:

 

General Manager

Manager Human Resources

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Should the action proposed by this report ie to raise awareness about problem gambling, reduce the amount spent through poker machines, there could be improved social implications for the community.

 

Economic

 

The effect on the local economy from any significant reduction in problem gambling is unknown, however the Community Services Committee was of the view that there could be important economic benefits to families and local businesses if that money was circulated more widely than being spent in poker machines.

 

Risk

 

Nothing identified arising from this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nothing required.

Attachments:

1View

14958/2010 - Minutes - Community Services Committee Meeting - 29 June 2010

 

2View

15917/2010 - Chairpersons report to Community Services Committee AGM 29 June 2010

 

3View

14808/2010 - Macksville Health Campus Update

 

4

15915/2010 - Statistics on problem gambling for Nambucca Valley year ending 30 June 2009

 

??


Ordinary Council Meeting - 15 July 2010

Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

PRESENT

 

Cr Paula Flack

Ms Kerrie Bowtell

Cr E South

Mr Glenn Robinson

Ms Suzanne Homes

Mr Paul Sekfy

Ms Coral Hutchinson

 

 

APOLOGIES

 

Ms Angie Evans

Ms Denise Olsen

Mr Ross Chalmers

Ms Gillian Howie

Ms Christine Latta

Ms Jenny Zirkler

Ms Mari Webb

Ms Colleen Henry

Ms Patricia Walker

Ms Vicki Fernance

Ms Ruth Thompson (Regional Council for Social Development)

 

 

DISCLOSURE OF INTEREST

 

Cr Flack declared a Non-pecuniary ? Less Significant conflict regarding Item 5.5 as she is an employee of the North Coast Area Health Service at Macksville Health Campus. Cr Flack remained in the Chamber but did not participate in voting or discussion regarding the second resolution for the Item.

 

 

CONFIRMATION OF MINUTES

 

2242/10 Resolved:?????? (Robinson/Homes)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 20 April 2010, by Council at its meeting of 3 June 2010.

 

 

Note: The outgoing Chairperson Cr Flack presented a report to the Committee which is attached. Ms Hutchinson chaired the election of office bearers. There were no nominations for the positions of Chairperson or Deputy Chair. It was noted that Crs South and Flack are appointed to the Committee by Council under a separate process.

 

Ms Bowtell arrived during this item and the time was 2.20 pm

 

Director Environment and Planning Report

ITEM 5.1????? SF285??????????????? 290610????? Annual General Meeting - Election of Office Bearers and Confirmation of Committee Members for Community Services Committee

2243/10 RESOLVED:?????? (Sekfy/Robinson)

 

That Council endorse the members of the Community Services Committee listed as follows: Ms Mari Webb, Mr Paul Sekfy (Neighbourhood Centre Coordinator), Ms Glenys Munro (NV Community Services Council Inc), Ms Kerrie Bowtell (TAFE Outreach), Ms Suzanne Homes (Centrelink), Mr Glenn Robinson (Coffs Clarence Health Participation Forum), Mr Ross Chalmers (Regional Transport Co-ordinator), Ms Denise Olsen (Nambucca Valley Children?s Group Inc and Family Support Services), Ms Angie Evans, Ms Gillian Howie (Centrelink), Ms Chris Latta (Community Services agency), and Ms Jenny Zirkler; noting that the position of Chairperson will remain vacant at this stage with an appointment to be made at the next ordinary meeting; and that when ordinary meetings are held they will be on the second Tuesday of that month at 2.30 pm.

 

 

 

 

 

ITEM 5.2????? SF285??????????????? 290610????? Report outlining a Snapshot of Community Services at Nambucca Shire Council

2244/10 RESOLVED:?????? (South/Bowtell)

 

That the Committee note the report on community services at Nambucca Shire Council, including details on staffing and funding.

 

 

 

 

 

ITEM 5.3????? SF285??????????????? 290610????? Report on Gambling in the Nambucca Shire from Lifeline Coffs Harbour

2245/10 RESOLVED:?????? (Sekfy/South)

 

1????????? That the report on statistics regarding gambling in the Nambucca Shire be noted.

 

2????????? That the report be referred to Council for information and that given Council?s significant workforce, information regarding problem gambling and where to seek assistance be circulated to staff.

 

3????????? The Committee recommends Council undertakes to raise the issue of problem gambling within the Nambucca Shire with the media as a matter of community concern.

 

 

 

 

 

ITEM 5.4????? SF285??????????????? 290610????? Report on Correspondence to the Nambucca Shire Council Community Services Committee meeting held 29 June 2010

2246/10 RESOLVED:?????? (Sekfy/South)

 

That the correspondence be noted; and that Paul Sekfy report back on progress of the homelessness policy and other matters arising from future meetings of the Bellingen Nambucca Housing Forum, and from the Mid North Coast Tenancy Support workshop to be held Monday 5 July 2010.

 

 

 

 

Note: Cr Flack declared a Non-pecuniary ? Less Significant conflict for part of the following item. Cr Flack vacated the Chair and did not participate in the discussion and voting which lead to the second resolution. Ms Hutchinson occupied the chair whilst this matter was dealt with.


 

ITEM 5.5????? SF285??????????????? 290610????? Macksville Health Campus Update

2247/10 RESOLVED:?????? (South/Robinson)

 

That the report regarding Macksville Health Campus be noted, and forwarded to Council for its information with the minutes.

 

2248/10 Resolved:?????? (Sekfy/Robinson)

 

That the fine work undertaken by Ms Jenny Zirkler at Macksville Health Campus over her period of employment there, be acknowledged.

 

 

 

 

 

ITEM 5.6????? SF285??????????????? 290610????? Report on General Business and Matters Raised by Committee Members

 

The Committee received verbal reports on the amalgamation of Nambucca Valley Neighbourhood Centre Incorporated with Nambucca Valley Community Services Council Inc; that Centrelink now have a Community Engagement Officer specialising in homelessness; and that even though there are big changes in Health being proposed, not a lot is know as yet ? however no formal action was taken for this item.

 

 

?

 

NEXT MEETING DATE

 

The next meeting will be held on 10 August 2010 commencing at 2.30 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.52 pm.

 

 

 

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

(CHAIRPERSON)

 

?


Ordinary Council Meeting - 15 July 2010

Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

Chairperson?s Report to Community Services Committee AGM - 29 June 2010

 

Another year has rolled by in a blink it seems, with the committee undertaking a number of actions including a forum on the Aging Population which was well attended and generated interesting discussion, review of Council?s draft Social Plan which included Social Strategies for 2009-2014 and 20 year Community Strategic Plan and its current project ? a survey of the Valley?s community services sector.

 

Over the past six years as chairperson of this committee, I have learnt much about community services in our area, something I admit I knew little of when first becoming a Councillor in 2004.? I have enormous respect for those working to deliver the best possible services to our local community, with limited resources and in an identified socio economically disadvantaged area.? I would like to thanks those members who take the time to contribute and be involved in this committee and hope that Council will continue to deliver its community services based on a consultative process which includes receiving advice, guidance and information through this committee.

 

Despite having enjoyed my time as chairperson, I feel it is time to allow another committee member the opportunity to steer the committee for the upcoming year.? It is not an onerous task but one that gives an opportunity to guide the committee in its deliberations and advice to Council.? I am still very much dedicated to the work and objectives of this committee and believe that it plays an important and relevant role in bringing local community services matters to the table and advising Council on its own community services direction.? Just how important and relevant that role is, is up to this committee.? I am happy to work with the new chairperson and assist in any way possible.

 

Finally, I would like to thank the outgoing committee, in particular deputy chair, Angie Evans and those members who helped organise the 2009 forum and of course Coral Hutchinson, for her administration of the committee and her clear, concise reports and communications.

 

Cr Paula Flack

Chairperson.

 

?


Ordinary Council Meeting - 15 July 2010

Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

Director Environment & Planning's Report

ITEM 5.5????? SF285????????????? 290610???????? Macksville Health Campus Update

 

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

 


 

Summary:

 

Ms Jenny Zirkler, Executive Officer/Director of Nursing provides the following update on activities at Macksville Health Campus. Ms Zirkler?s report will provide Council and the community with news, activities and projects at the Health Campus.

 

 


 

Recommendation:

 

That the report regarding Macksville Health Campus be noted, and forwarded to Council for its information with the minutes.

 

 


Ordinary Council Meeting - 15 July 2010

Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

DISCUSSION:?

 

Report from Macksville Health Campus to Community Services

 

1????????? Surgical Activity ? we are meeting all our surgical activity and Waiting List targets. We now have 4 local doctors who are Anaesthetists ? Drs Howard, North, Paton and Francis and Dr Ryan is currently at Coffs Harbour Health Campus being trained.

2????????? Emergency Department continues to see more and more patients. A Critical Care Telehealth camera is in the department and provides a link with specialist doctors at Coffs Harbour Health Campus.

3????????? Today (Friday) Maternity Unit delivered its 55th baby for this financial year and increase of 10 on last year.

4????????? X-Ray has finally become digital so no more large black films.

5????????? Work on the Cancer Resource Centre has commenced.

6????????? Minor Works ? approval has been given to commence renovations to the Community Health building to increase its capacity to take more staff.

7????????? A new electricity transformer has been installed on site.

8????????? The Car Park Caf? is generating lots of funds for the Macksville and Bowraville Hospital Auxiliaries.

9????????? We are still very much in the dark about the National Health Reforms. We think the current Coffs Clarence Network may become a new Area Health Service.

10???????? I am currently working across Macksville and Bellingen Hospitals and this amalgamation will be reviewed in July by the Industrial Commission.

11???????? After 29 years at Macksville Health Campus and 35 years in total working in the Public Health system I will be leaving to take on the Executive Care Manager position at Nambucca Valley Care.

Hopefully I may continue participating in the Committee in my new role

Thank you for your collegiality and support over the years.

Jenny Zirkler

Executive Officer/Director of Nursing

18 June 2010

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting - 15 July 2010

Report on the Community Services Committee meeting held 29 June 2010, including Annual General Meeting

 

Gambling on poker machines in the Nambucca Valley

 

Industry Statistics (year ended 30 June 2009)

 

There are16 gaming venues in the Nambucca Valley LGA (9 clubs, 7 pubs) operating 356 poker machines with a total turnover of $ 97,064,084.?

Average turnover per machine is? $270,443 for clubs and $281,215 for pubs.

 

Average profit per machine $28,571(clubs) and $32,908 (pubs)

 

Source NSW Office of Liquor Gaming & Racing 2009

 

 

The impact of problem gambling

 

Estimated number of people in Nambucca Valley LGA with a gambling problem 650

 

Estimated number of people impacted? by problem gambling 4550

 

Only approximately 16% of people with a gambling problem seek assistance.

 

Of those, 92% are hooked on poker machines.

 

Age of clients presenting for counselling in the past 12 months:????? 20% are aged 18-26

????????????????????????????????????????????????????????????????????????????????????? 33% are aged 27-40

????????????????????????????????????????????????????????????????????????????????????? 30% are aged 41-60

????????????????????????????????????????????????????????????????????????????????????? 17% are aged over 60

 

Gender is split 50% male 50% female

 

Dependent children ? 30% of people presenting for counselling have dependent children.

 

Source of income of people presenting for counselling

 

Full time employment

26.4%

Part time employment

10.4%

Pension (age or disability)

34%

Temporary benefit

20.1%

Other

13%

 

Income

Income less than $500 per week

60.6%

More than $500 per week

39.4%

 

Gambling losses??

Greater than? $200 per week

 

?????????? 62.3%

Less than? $200 per week????????????????????????????????? 37.7%

 

Mental Health

58% of clients reported being diagnosed with depression as a result of their gambling

56.9% of clients reported being diagnosed with anxiety due to their gambling

 

Thoughts of suicide due to gambling problems 44.2% (NSW average is 40.4%)

Attempted suicide due to gambling problems 15.9% (NSW average is 12.9%)

 

Poker machines attract 43% of their revenue from people addicted to gambling

 

Many are so addicted to gambling that they will risk their own financial, physical and emotional wellbeing and the well being of their families.

 

Many are so addicted to gambling that they will steal from their partners, their bosses and their children just to feed money into the machines.

 

Most of the people losing money can?t afford to do so.? Often, it?s not even their money.

 

23.5% of people seeking counselling throughout the North Coast admitted to committing an offence relating to their gambling.

 

Who are they?

 

People with gambling problems come from all sectors of the community.

 

I may be?

A 19 year old trades apprentice, 24 year old retail assistant, a 46 year old teacher, a 34 year old administration officer, a 75 year old grandmother, a 35 year old, self employed father of 4, a business proprietor, a 50 year old health professional, a community worker, a 24 year old on a disability pension, a hospitality worker, a young mother of 3, a 68 year old retiree.

 

If you think someone you know may have a gambling problem call:

 

GamblingHelp (NSW) 1800 858 858

 

GamblingHelp (NSW) operates 24 hours, 7 days per week and is a problem gambling information, counselling and referral help line for anyone concerned about problem gambling.

 

On-line counselling

www.gamblinghelp.nsw.gov.au

 

Lifeline North Coast 6651 4093 for free, confidential, specialist gambling counselling

 

 

Financial assistance for this project was provided by the New South Wales Government from the Responsible Gambling Fund.

?


Ordinary Council Meeting

15 July 2010

Director Environment & Planning's Report

ITEM 9.5????? SF1148??????????? 150710???????? Contract Regulatory Officer's Report - June 2010

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for June 2010.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for June 2010 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

15

Returned to Owner

2

 

Impounded

13

 

Total Seized

15

15

Breakdown

Total

Total

Seized

 

15

From Previous Month

 

10

Stolen Dog Recovered

 

0

Released to Owner

2

 

Returned to Owner

2

 

Euthanized

16

 

Currently in Pound

4

 

Sold

1

 

Stolen from Pound

0

 

Total in Pound

25

25

Dumped

0

 

Surrendered

7

 

 

 

Cats

Total

Total

Seized

 

4

Returned to Owner

0

 

Impounded

4

 

Total Seized

4

4

Breakdown

Total

Total

Seized

 

4

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

3

 

Currently in Pound

1

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

4

4

Dumped

0

 

Surrendered

0

 

 


 

Kilometres travelled

3,435

 

 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

60

 

 

Attachments:

There are no attachments for this report.

??


Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.1??? SF843????????????? 150710???????? Nambucca Shire Vehicular Access to Beaches Committee Meeting Minutes - 25 June 2010

 

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

 

Summary:

 

The minutes of the Nambucca Shire Vehicular Access to Beaches Committee meeting held on the 25 June 2010 are attached.

 

 

Recommendation:

 

That the minutes of the Nambucca Shire Vehicular Access to Beaches Committee meeting held on the 25 June 2010 be noted and adopted.

 

 

OPTIONS:

 

No other options are required.

 

 

DISCUSSION:

 

The meeting of the Nambucca Shire Vehicular Access to Beaches Committee was held on the 25 June 2010.? The minutes are attached.

 

 

CONSULTATION:

 

Members of the Nambucca Shire Vehicular Access to Beaches Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The minimisation of environmental damage is sought with the permit system.

 

Social

 

The 4WD permit system provides regulations to control behaviour as well as providing the means to drive on the beach for access and recreation.

 

Economic

 

No issues

 

Risk

 

Permits state acceptable behaviour when using vehicles on beaches.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The repair of the three 4WD access tracks and associated signage is funded by the income from the sale of permits.? The income currently exceeds the cost.

 

Source of fund and any variance to working funds

 

The current budget is adequate for the costs involved.

 

Attachments:

1View

15506/2010 - Minutes - 25 June 2010

 

??


Ordinary Council Meeting - 15 July 2010

Nambucca Shire Vehicular Access to Beaches Committee Meeting Minutes - 25 June 2010

 

PRESENT

 

Cr John Ainsworth (Chairperson)

Cr Janet Court

Cr Mike Moran OAM

Jim Brazel

Bruce Redman (Director Engineering Services)

Bob Bennett

 

Brian Hall

Kevin Morrison

 

Georgette Allen

Joy Garlick

 

 

 

APOLOGIES

 

Cr Paula Flack

Kevin Morrison (Jnr)

Tony Hardge

Bill Watts

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES ? 11 MARCH 2010

 

13/10 Resolved: (Moran/Brazel)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held , by Council at its meeting of 11 March 2010.

 

Note:? Ms Georgette Allen requested that her objection to the wording of Item 5.4 of the minutes of the 11 March 2010 be recorded.

 

 

?

Director Engineering Services Report

ITEM 5.1????? SF843??????????????? 250610????? Outstanding Actions

14/10 Resolved: (Moran/Court)

 

The progress on the outstanding actions as at 25 June 2010 be noted.

 

 

 

ITEM 5.2????? SF843??????????????? 250610????? Financial Report

15/10 Resolved: (Moran/Morrison)

 

That the Financial Report as at the 31 May 2010 be noted.

 

 


 

ITEM 5.3????? SF843??????????????? 250610????? Committee Membership

16/10 Resolved: (Moran/Court)

 

1??????? That the Committee accept the resignation of Bill Watts (Bangalow Drive) and note that a letter accepting the resignation has been sent.

 

2??????? That the Committee welcome the new ranger, Joy Garlick.

 

 

 

ITEM 5.4????? SF843??????????????? 250610????? 4WD Vehicular Access to Valla Beach

17/10 Resolved: (Court/Allen)

 

That Council not establish a beach access point for 4WD vehicles off Gregory Street, Valla Beach and no further action be taken on changing beach access locations or restricting use.

 

 

 

ITEM 5.5????? SF843??????????????? 250610????? Updated 4WD Beach Access Maps 2010

18/10 Resolved: (Allen/Moran)

 

1??????? That the new maps be distributed to the rangers who supply 4WD beach access permits.

 

19/10 Resolved: (Court/Moran)

 

2??????? That a cost be sought to make the photographic signs as a graphic representation for each site with Council?s phone number included to encourage drivers to obtain a permit.

 

 

 

ITEM 5.6????? SF843??????????????? 250610????? Parks Supervisor Inspection Report

20/10 Resolved: (Moran/Court)

 

That the Parks Supervisor Inspection report as at the 25 June 2010 be noted.

 

 

 

ITEM 5.7????? SF843??????????????? 250610????? Report from Council's Ranger for November 2009

21/10 Resolved: (Moran/Bennett)

 

That the Ranger?s report for the period 25 January 2010 to the 24 May 2010 be noted.

 

 


 

ITEM 5.8????? SF843??????????????? 250610????? Honorary Rangers Reports

22/10 Resolved: (Court/Hall)

 

That the Honorary Rangers verbal reports as at the 25 June 2010 as follows be noted:

 

Jim Brazel??????????? Mullet fishermen generally okay.? Scotts Head ramp needs maintenance.

Kevin Morrison???? No problems. Track good.

Brian Hall???????????? Parking on side of access road to Shelly Beach. Refer to Ranger.

Georgette Allen??? Landcare repair work.? Sought discussion on the high water.

Joy Garlick?????????? Okay.

Bob Bennett???????? Scotts Head Ramp needs maintenance.

 

???

GB4/10 - Cr. John Ainsworth - Acknowledgement of Bruce Redman's service to the Committee (Ref SF843)

The Vehicular Access to Beaches Committee thanked Bruce Redman for his service to the Committee over the years.

 

23/10 Resolved: ????????? (Court/Hall)

 

That the Vehicular Access to Beaches Committee note the acknowledgement to Bruce Redman for his service over the years to the Committee.

 

 

?

NEXT MEETING DATE

 

The next meeting will be held on 26 November 2010 commencing at 2.00 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.00 pm.?

 

 

 

 

Cr John Ainsworth

(CHAIRPERSON)

 

?


Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.2??? SF1031??????????? 150710???????? Policy Review - Tree Maintenance and Removal

 

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

 

Summary:

 

The Tree Maintenance and Renewal policy (attached) has a fee attached that has inadvertently not been charged.

 

It is considered preferable that no fee be required as it is more desirable to receive the application (attached) so that it can be assessed against criteria rather than see unauthorised tree clearing escalate because the fee is too high.

 

 

Recommendation:

 

That Council revise the policy Tree Maintenance and Removal Application to exclude the payment of a fee and the reference to the Environmental Planning and Assessment Act.

 

 

OPTIONS:

 

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

2??????? Retain existing policy unchanged.

 

 

DISCUSSION:

 

On 4 July 2007 Council adopted two policies on trees as follow:

 

1??????? Tree Vandalism

????????? The aim of the policy being to define Council?s responses to acts of vandalism.

 

????????? This policy was reviewed on 15 April 2010 to include the action of replacement planting where a tree has been removed.

 

2??????? Tree Maintenance and Removal Application

????????? The aim of this policy was to establish a procedure for applications to be made and then considered.

 

????????? This approach has been successful in applications being made rather than ?midnight? unauthorised tree removal.

 

The policy makes mention that the assessment will be done under the environmental Planning and Assessment Act 1979 which will attract the minimum application fee.? In 2010/11 this fee will be $110.

 

This fee has accidently never been imposed and consideration needs to be given on the need for the fee.? The major reason for the fee in that it will cover the cost of the investigation and assessment.

 

The major reason for not having the fee in that it will discourage applications and encourage unauthorised tree removals.

 

Staff believe that it is better to have the application being made so that the process is transparent.

 

The illegal removal of trees ends up with an investigation and associated cost that is only recovered if a successful fine or conviction occurs.? Last financial year (2009/10) there were five applications approved and one refused.

 

The Parks Supervisor has advised that he has eight (8) requests for tree removal and pruning and expects them to become formal applications for the 2010/11 year.? They are not assessed and approved sites at this time.?

 

Those potential sites are:

 

1??????? Sonny Road, Warrell Close

????????? Removal of Silky Oak?tree rotting and danger to property and vehicles

 

2??????? Lower Palmer Street, Nambucca Heads

????????? Removal of tree (unidentified)?overhanging property from reserve

 

3??????? Begonia Crescent, Nambucca Heads

????????? Removal of Jacaranda?roots lifting concrete driveway

 

4??????? Forest Road, Nambucca Heads

????????? Removal of two Blackbutts?dropping branches

 

5??????? Lackey Street, Nambucca Heads

????????? Removal of Norfolk Island Pine?dropping branches onto house and front yard

 

6??????? Welshes Creek Road

????????? Prune Branches of two trees that overhand the road causing vehicles to veer across the road

 

7??????? Taylors Arm Road, Macksville

????????? Prune branches of two trees that overhang the road and are being hit by trucks.

 

8??????? Piggot Street, Nambucca Heads

????????? Removal of one Bottlebrush.? There are three Bottlebrush close together and the path is blocked.

 

9??????? Taylors Arm Road

????????? Removal of tree?dropping branches near the school bus stop

 

 

CONSULTATION:

 

Parks Supervisor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Council?s consent to tree removal is based on a dead, dying or dangerous tree having the potential to damage public and private property or pose a risk to people?s safety.

 

Social

 

The community at large has a range of views on the loss of trees that varies between protection and removal.

 

Economic

 

Trees contribute to the character of the area.? Large scale removal of trees would reduce the visual amenity of the location.

 

Risk

 

A high fee may lead to a higher incidence of people taking unauthorised tree removal.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No issues.

 

Source of fund and any variance to working funds

 

Existing budget is sufficient.

 

Attachments:

1View

13482/2007 - POLICY - Tree Maintenance and Removal Application

 

2View

27010/2007 - Tree Removal/Pruning Application (2009)

 

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Ordinary Council Meeting - 15 July 2010

Policy Review - Tree Maintenance and Removal

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

TREE MAINTENANCE AND REMOVAL APPLICATION

 

 

 

Function:? Engineering Services

 

 

Adopted: 5 July 2007?

Last reviewed:?

 

 

 

1.0???? Policy objective

 

To provide a procedure that enable a request and application to be made for the maintenance or removal of a tree or trees on public land.

 

 

2.0???? Related legislation

 

????????? Environment Planning and Assessment Act 1979

 

 

3.0?????? Definitions

 

 

4.0???? Policy statement

 

4.1??????? Requests for maintenance or removal of trees on public land can be made in writing.? The application must address the perceived problem and identify the location.

 

??????????? The situation will be addressed along the lines of:-

 

???? Risk of personal injury posed by the tree

???? Risk of damage to buildings, structures or services

???? The trees health, growth habit, stability and structural soundness

???? The significance of the tree

???? The role of the tree to the surrounding landscape (including cumulative impact of tree removal)

 

The assessment will then lead to one of the following outcomes:-

 

???? Refusal

???? Agree to maintenance

???? Agree to removal

???? Agree to remove and seek a financial contribution

???? Approve work by applicant at their total cost provided a qualified contractor is used.

 

(NB:? The adjacent neighbours will be advised when removal is approved.)

 

The following reasons start with the highest acceptable priority down to the lowest.

 

1??????? Branch overhangs private property and represents a risk.


2

 

TREE MAINTENANCE AND REMOVAL APPLICATION continued

 

2??????? A tree in poor condition with cavities in the trunk.

 

3??????? A tree in ill health from natural causes.

 

4????????? A tree with poor structure resulting from problems during growth such as multi trunks that make it inherently weaker.

 

5??????? Large trees on public property that is prone to drop branches and represents a risk.

 

6??????? Leaves in roof guttering and on property.

 

7??????? ?Dirty? tree.

 

8??????? Shading of house or yard.

 

9??????? Existing tree blocks access to a new development (eg driveway into new building).

 

10????? Blocks the view (Full cost to applicant, current policy).

 

11????? Interferes with television reception.

 

Council will need the concurrence of the Department of Lands for trees on Crown Land.

 

The standard application form is to be used and supplemented by photographs.? A sample application form is attached.? This will be assessed and determined by staff.

 

The assessment will be done under the Environment Planning and Assessment Act 1979, therefore, the minimum development application fee applies as set each year.

 

The General Manager has delegated authority as follows:

 

33.1????? Authorise the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council's utilities or adjoining private property.

 

Trees that do not fit into this category are referred to Council.

 

 

5.0???? History

 

The removal of trees on public land without approval is an offence and can be subject to large fines imposed by the courts.

 

This has occurred in many locations.? In some cases maintenance or removal may have been approved when there was? no need for illegal activity.

 

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Ordinary Council Meeting - 15 July 2010

Policy Review - Tree Maintenance and Removal

 

 

 

Address Application to:?????? The General Manager Nambucca Shire Council? PO Box 177 Macksville? NSW? 2447

 

Enquiries to:???????????????????????? Department Engineering Services ? Telephone: (02) 6568 0230

 

Note:?????????????????????????????????????? Application to be completed in black pen please.? Council does not have a Tree Preservation Order, so consent to remove a tree on your land in an urban area is not required.

 

PART 1????? APPLICATION AND SITE DETAILS (Applicant Details)

 

1

Full Name

(Mr/Mrs/Ms)

 

 

Postal Address

 

 

 

 

 

 

 

Phone

  

   Email

 

 

 

Mobile

 

   Facsimile

 

 

 

2

Property Location - Please provide full unit and/or house number, street address and suburb

 

 

 

 

 

(We need this to correctly identify the land in relation to the tree)

 

 

PART 2????? APPLICATION DETAILS (Nature of Application)

 

3

Please describe briefly everything that you want approved by the Council.

 

 

 

 

 

 

 

 

 

 

 

Remove

 

Prune

 

 

 

4

Required Sketch

??? 2 copies of a plan indicating position of the tree to be removed or pruned

??? Photograph

 

 

PART 3????? DECLARATION

 

5

I apply for approval to have the works described in this application carried out.? I declare that all the information in the application and checklist is, to the best of my knowledge true and correct.?

I acknowledge that if the information provided is misleading any approval granted ?may be void?.

 

 

 

Signature

 

Date

 

(Please refer to the Tree Maintenance and Removal Application Policy on Council?s website)

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Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.3??? RF437????????????? 150710???????? Tree Planting - Bowra Street, Nambucca Heads

 

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

 

Summary:

 

The President of the Nambucca Heads Chamber of Commerce and Industry has requested that 6 to 12 trees be planted in Bowra Street, Nambucca Heads.

 

The original master plan made provision for this but only at the expense of car parking spaces.

 

Placing the trees in planter boxes on the footpaths is not considered to be desirable because of the awnings, electricity lines, damage from vehicles, more pedestrian obstructions and lack of acceptance by some of the shop operators of the location.

 

 

Recommendation:

 

That the Nambucca Heads Chamber of Commerce and Industry be given a copy of the 2003 Nambucca Heads Town Centre Plan so that they can provide feedback on the original tree planting locations proposed for Bowra Street.

 

 

OPTIONS:

 

1??????? Resolve as recommended

2??????? Approval all or some of the additional tree plantings

3??????? Conduct a survey of shop operators seeking acceptable sites for planter boxes

4??????? Refuse

 

 

DISCUSSION:

 

Mr Don Marriott, President of the Nambucca Heads Chamber of Commerce and Industry has requested 6 to 12 trees be planted in Bowra Street, Nambucca Heads.? This request came in after the exhibition of the 2010/11 Management Plan.

 

The only area provided for large trees is each side of the pedestrian crossing in the planter boxes.? Four medium size trees will be planted at this location as part of the 2010/11 tree planting program.

 

It was not acceptable to previous Chambers of Commerce to lose parking spaces for tree planting so the only site available has been on the footpath.? The trees would need to be planted in boxes placed on the edge of the kerb and even then could only be small trees.

?

The existing planter boxes are not robust enough to be moved and have large trees planted in them.? That cost would be around $2400 for six (6) new planter boxes and trees.

 

There are issues to consider:

 

1??????? Shop awnings extend almost to the kerb edge leaving little room or a shade tree to be developed.

 

2??????? Placing the boxes on the kerb means potential impact with vehicles as they park.

 

3??????? Council had difficulty finding business premises that would accept bench seats, litter bins and the existing planters in front of their shops.? The same would apply to the shade trees.

 

4??????? Bowra Street has overhead electricity lines and the trees can only be up to 5 metres high.

 


5??????? The best locations are on the road not the footpath.

 

It is now seven years since the Bowra Street concept plan was developed and the current Nambucca Heads Chamber of Commerce and Industry should be given the opportunity to revisit the on-street tree planting suggestions.

 

 

CONSULTATION:

 

Parks and Reserves Supervisor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Minor improvement

 

Social

 

Trees in the Central Business District improve the liveability of the shopping precinct by providing shade and softening the visual outlook.

 

Economic

 

The Nambucca Heads Chamber of Commerce and Industry believes that the economics of the shopping strip will improve with the planting of trees providing a more inviting outlook.

 

Risk

 

Rejection by shop owners

Regular vandalism of trees

Damage to planter boxes and vehicles

Future maintenance relating to electricity line

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Increased funding required to establish.? Ongoing maintenance costs that perhaps volunteers could accept and possibility of replacement cost from vandalism.

 

Source of fund and any variance to working funds

 

Additional $2,400 required in the Tree Planting budget if six (6) extra footpath planters are adopted.? On-road plantings will need to be costed after Nambucca Heads Chamber of Commerce and Industry has responded.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.4??? SF755????????????? 150710???????? Coronation Park - Future of Old Amenities Block

 

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

 

Summary:

 

The two new amenity buildings are completed and in use.

 

The old amenities block is yet to be demolished as part of the redevelopment of the site.? A review of this step is presented in this report but no change is recommended.

 

 

Recommendation:

 

1??????? That Council call for quotations for the demolition of the old eastern side amenities building after the 2010 Rugby League season in, say, October 2010.

 

2??????? That the Nambucca Heads Senior and Junior League Clubs be advised that they will need to build separate facilities for beer, barbeque and hot chip preparation and sales.

 

 

OPTIONS:

 

1??????? As recommended

2??????? Renovate part of the old building to provide the kiosks for beer, barbeque and hot chips

3??????? Renovate the old building to provide a gymnasium in addition to a kiosk for bar, barbeque and hot chips

4??????? Contribute part funding to the Rugby League club towards the new stand alone kiosk.

 

 

DISCUSSION:

 

The finalisation of this project requires a decision on the future of the old amenities.? This is also linked to the level of unspent funds.

 

A summary of the final cost is as follows:

 

Building Contract (including variations)????????????????????????????? $907,809

Connection to services??????????????????????????????????????????????????? $??? 4,275

Modification to Old Soccer Building????????????????????????????????? $??? 6,360

???????????????????????????????????????????????????????????????????????????????????? $918,444

 

 

This leaves $17,233 of the total budget ($935,677) for the building demolition or other uses.

 

The kiosk in the old building is still being used for beer sales and the cooking of hot food such as chips.

 

The Rugby League Club have been advised that cooking of food such as hot chips will not be allowed unless they fund a ventilation system and grease trap waste into the new amenities kiosk.

 

The Nambucca Heads Rugby League Football Clubs of both Junior and Senior have requested that the old amenities building not be demolished.? They ask that they be given a list of non-complying aspects and be given the opportunity to retain the building to a useable state.? That use would include a kiosk (beer and chips) and a gymnasium.

 


There are a number of issues to consider:

 

1????????? Beer Kiosk

2????????? Upgrade new building for cooking

3????????? Improved ventilation to change rooms????????????????????????????????????????????????????????? $? 1,500

4????????? Render and paint the western building to match the new building?????????????????? $11,000

5????????? Demolition of old building

6????????? Retention of old amenities

 

Council needs to go back to the reason for building the new amenities and that was the overall poor standard of the existing building.

 

Retaining the building simply adds an asset liability for the future that is not affordable and upgrading or modifying should not be contemplated.

 

The following position is recommended:

 

1??????? That Council have the old amenities demolished at the end of the season in say October 2010.? That the value of the roof sheeting and some of the toilet fittings be offset against the cost of demolition.

 

2??????? That the Junior and Senior League be advised that they need to provide a separate building for beer, barbeque and hot chip sales at their own cost.

 

 

CONSULTATION:

 

Engineering Designer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant change.

 

Social

 

Coronation Park is a major sports venue for Rugby League, Soccer, Cricket and Skate Boarding and the standard of facilities need to reflect this high use.

 

Economic

 

Council has to rationalise its building stock on Coronation Park.? There are currently five significant buildings on the one park.

 

Risk

 

The Nambucca Heads Senior and Junior League will not agree with the decision to demolish.

 

Upgrading the old building will lead to on-going costs.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The allocated budget is sufficient.? The breakup of the funding is:

 

Grant????????????????????????????????????????????????????? $423,000

Section 94?????????????????????????????????????????????? $262,677

Sale of Land??????????????????????????????????????????? $250,000

????????????????????????????????????????????????????????????? $935,677??????

 

Source of fund and any variance to working funds

 

No new funding sought.

 

Attachments:

1View

16152/2010 - Plans of Old Building (Coronation Park)

 

2View

27259/2009 - Letter - Request to keep old amenities building

 

??


Ordinary Council Meeting - 15 July 2010

Coronation Park - Future of Old Amenities Block

 



?


Ordinary Council Meeting - 15 July 2010

Coronation Park - Future of Old Amenities Block

 

?


Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.5??? SF1185??????????? 150710???????? Tree Planting Plan 2010/2011

 

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

 

Summary:

 

Council resolved last year to consider the Tree Planting Plan before it was implemented.? The Plan for 2010/2011 is now presented.

 

 

Recommendation:

 

That Council adopt the 2010/2011 Tree Planting Plan.

 

 

OPTIONS:

 

1??????? Adopt

2??????? Modify

3??????? Not adopt

 

 

DISCUSSION:

 

Council resolved that the Draft Tree Planting Plan be presented to Council for consideration before adoption each year.

 

The Plan covers a range of urban areas.? A preference has been given to native plans that have striking flowers such as the Bottlebrush, Red Flowering Gum and Banksia Giant Candles.

 

The full Plan is as follows:

 

Scotts Head

 

1??????? Vernon Street ? Banksia Giant Candles, street plantings on the eastern side in front of houses and on the western side being the frontage of Buz Brazel Park to unify the Street.

 

Macksville

 

1??????? Partridge Street and Winifred Street ? New Tree Guards (3).

 

2??????? Princess Street - Red Flowering Gums (Eucalyptus ficifolia) (3), extension of the planting done two years ago further north.

 

Nambucca Heads

 

1????????? Main Beach ? Pandannas Palm, additional plantings to compliment the Pandannas plants growing already on the beach front adjacent to the road.

 

2????????? Old Coast Road/Hyland Park Road Intersection ? Red Flowering Gums (Eucalyptus ficifolia) to provide gateway into Hyland Park Rd. Will not impede vision as lower branches can be removed.

 

3????????? Bowra Street - Four Ivory Curls planted in the landscaped area of the central pedestrian crossing.

 


Bowraville

 

1??????? High Street ? Weeping Bottlebrush (Callistomen viminalis) avenue planting for northern town entry from Lanes Bridge to match the trees planted this year in Carbin Street.

 

2??????? High Street - Weeping Bottlebrush (Callistomen viminalis) avenue planting on boundary of 13/15 and 15/17 north of church to match the trees planted this year in Carbin Street.

 

 

Volunteers

 

1??????? Joans Army?????????????????? Contribution to volunteer landscape/gardening group in Macksville. Allows the groups access to funding but places a "cap" on the contribution.

 

2??????? Ganley Gardeners???????? Contribution to volunteer landscape/gardening group in Nambucca Heads. ??????? This group received their first assistance in 2009/10 as that was their start up year. Council resolved to include $4,000 in the 2010/11 budget for this group.

 

The sites, tree species and cost are summarised in the following table:

 

Site

Tree Species

Description

Number of Plants

Cost

(Supply, Plant, Protect and Initial Maintenance)

Scotts Head

 

 

 

Vernon Street

Banksia Giant Candles

Tree to 10 m with scaly grey bark. 10 mm flowers spring and summer.

12

$1,200

Macksville

 

 

 

Princess Street

Red Flowering Gums (Eucalyptus ficifolia)

Evergreen tree to 10 m. Large scarlet to orange flowers in late spring or summer.

3

$300

Partridge and Winifred Streets

New Tree Guards

Metal slat style fixed to concrete.

3

$600

Nambucca Heads

 

 

 

Mann Street and Hyland Park Road Intersection

Red Flowering Gums (Eucalyptus ficifolia)

Evergreen tree to 10 m. Large scarlet to orange flowers in late spring or summer.

6

$600

Main Beach

Pandannas Palm

Existing plants are flourishing. Supplementary planting will provide vegetation continuity.

6

$600

Bowra Street

Ivory Curl Tree (Buckinghamia celsissima)

Height depends on location 8 to 25m. Stunning long, cream curved flowers in autumn.

Lower branches to be removed.

4

400


Table continued:

 

Site

Tree Species

Description

Number of Plants

Cost

(Supply, Plant, Protect and Initial Maintenance)

Bowraville

 

 

 

High Street Entry to town near Lanes Bridge

Weeping Bottlebrush (Callistomen viminalis)

Small tree to 10 metres with a weeping habit. Flower spikes to 10 cm mainly in spring through to summer.

4

$400

High Street in front of houses, boundary of 13/15 and 15/17

Weeping Bottlebrush (Callistomen viminalis)

Small tree to 10 metres with a weeping habit. Flower spikes to 10 cm mainly in spring through to summer.

2

$200

Volunteer Garden Groups

 

 

 

Joans Army

Council meets cost of materials.

Maximum cost to be spent during the year for mulch, stakes, fertiliser, plants, soil etc.

 

$1,500

Ganly Gardeners

Council meets cost of materials.

Maximum cost to be spent during the year for mulch, stakes, fertiliser, plants, soil etc.

 

$4,000

Miscellaneous

 

 

 

$700

TOTAL

 

 

 

$10,500

 

 

CONSULTATION:

 

Parks and Reserves Supervisor

No submissions were received from Councillors

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Most plants nominated are native species.

 

Social

 

Street tree plantings can provide the character of townships and create pride in the residents as they mature and develop an ambience.

 

Economic

 

The selection of species needs to take into account any long term impacts on other services such as damage to water, sewer, paths and drainage.

 

Risk

 

Some of the trees will be stolen and others vandalised by residents who disagree with the locations.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget provided $6,500 for tree planting in the draft 2010/2011 but then increased it by $4,000 to $10,500 to provide funding for the Ganly Gardeners.? The financial assistance given to Ganly Gardeners in 2009/10 amounted to $7,900 when halted in January 2010.

 

 

Source of fund and any variance to working funds

 

No extra funds sought.

 

 

 

Attachments:

1View

16170/2010 - Street Plans - Tree Planting Plan 2010/2011

 

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Ordinary Council Meeting - 15 July 2010

Tree Planting Plan 2010/2011

 



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Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.6??? SF1360??????????? 150710???????? Flood Damage - February, March/April, May and October/November 2009

 

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

 

Summary:

 

This report will be made every two months showing the progress being made to complete the permanent restoration works approved by the Roads and Traffic Authority.

 

 

Recommendation:

 

That Council note the progress of works to complete the permanent restoration of damage from the February, March/April, May and October/November 2009 floods as at 30 June 2010.

 

 

OPTIONS:

 

1??????? Note report as recommended

2??????? Seek further information on specific jobs

 

 

DISCUSSION:

 

This report is in relation to 5 declared Natural Disasters that occurred in 2009.? The resulting restoration works will take another two years to complete utilising both contractors and day labour.

 

The Roads and Traffic Authority are progressively approving projects.  This has required the preparation of surveys, designs and estimates for each claim. This is a continuing process.

 

The initial works completed in 2009 included major slips on Taylors Arm Road, the replacement of Morans Bridge and the East-West Road culvert.

 

The major works completed since the February report are:

 

1??????? Sheet O Bark - Replacement of two bridges completed.

 

2??????? Missabotti Road - Replacement of damaged bitumen pavement completed at Helliwells Road intersection.

 

3??????? Missabotti Road - Repair of pavement at "Reichels".

 

4??????? South Arm Road - Replacement of damaged bitumen pavement completed.

 

5??????? Taylors Arm Road - Riverbank restored (1.0km).

 

6??????? North Bank Road - Bridge approach repaired at Huttmans Bridge.

 

7??????? North Arm Road - Repairs to pavement and footpath at Broughy's Bridge completed.

 

8??????? Allgomera Road - Pavement repaired.

 

9??????? Boat Harbour Road - Damaged approach to Grays Crossing Road repaired.

 

10????? Browns Crossing Road - Approaches to first bridge re-instated.

 

11????? Cockburns Road ? Re-instated pipes and landslip.

 

12????? Congarinni Road North - Bitumen replaced at Grahames Bridge.

 

13????? Congarinni Road North - Bitumen replaced at "Callows".

 

14????? Nelson Lane - Pavement replaced.

 

15????? Tewinga Lane - Pavement replaced.

 

16????? Wilson Road - Repaired road and culvert south of Bowraville.

 

17????? Wilson Road - Repaired top side landslip at "Cooks".

 

18????? Rodeo Drive - Remove topside slip near Wirrimbi Road intersection.

 

19????? Lanes Bridge - Pavement repaired.

 

20????? Valla Road - Designs for slip repair approved by RTA. Detailed estimates now being prepared.

 

21????? Sullivans Road - Proposal to shift creek slightly and replace riverbank approved by RTA and Fisheries. Detailed estimate now being prepared.

 

22????? Bellingen Road - Community meeting held and GHD undertaking survey on social impacts.

 

23????? Missabotti Road - Replacement of Johns Bridge approved subject to acceptance of detailed estimate.

 

 

CONSULTATION:

 

?????????????? Manager Civil Works

?????????????? Overseer

?????????????? Engineering Designer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The sites were damaged by the floods.  Restoration works includes grass seeding and some vegetation planting.

 

Social

 

Access to properties has been restored and safety improved.

 

Economic

 

Damaged sections of road which are accessed by heavy vehicles including log and cattle trucks have impacted on associated businesses.  Bus routes are also affected.  Damaged bridges impact on transport routes.

 

Risk

 

Council is using a mix of day labour staff and contractors to undertake the work.  Similarly, both Council design staff and private surveyors are involved in preliminary works to reduce the risk of time being unacceptable.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council's commitment under Natural Disaster Funding is $29,000.  The remaining costs are met 100% by the NSW Treasury through the Roads and Traffic Authority.

 

Source of fund and any variance to working funds

 

The NSW Treasury.

 

Funding will be subject to ongoing approval of the claims.  Extra grants will be included at each budget review.  The impact on budgets will occur over two to three years.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 July 2010

Director of Engineering Services Report

ITEM 10.7??? T011/2010??????? 150710???????? Tender for Motor Grader CCF Class 15 - Tender T011/2010

 

AUTHOR/ENQUIRIES:???? Peter Baynes, Manager Assets ????????

 

Summary:

 

Nambucca Shire Council invited tenders for supply and/or purchase of a motor grader CCF Class 15?? Tenders closed on 5 May 2010.? Six replies were received.

 

An evaluation process was undertaken to consider whole of life ownership costs, operational characteristics and maintenance and support.? The evaluation criteria weighted costs at 50% with operational and maintenance aspects comprising the remainder of the assessment.

 

Details of the tender assessment, including pricing, has been provided for the information of Councillors in a Confidential Circularised Document.

 

 

 

Recommendation:

 

That Council accept the tender submitted by WesTrac Pty Ltd for the supply of a Caterpillar 120M motor grader and purchase of Council?s Caterpillar 12H motor grader.

 

 

 

OPTIONS:

 

The recommendation to accept the WesTrac tender is based on the overall assessment of the tenders.? The WesTrac tender is not the lowest cost offer.? Should the lowest cost tender be preferred this would mean the CJD Equipment tender for the Volvo G930 would need to be accepted.

 

DISCUSSION:

 

Tenders for supply and/or purchase of a motor grader CCF Class 15 were called and closed on 5 May 2010.? Six replies were received, four for supply of a new grader and purchase of Council?s existing Caterpillar 12H grader, one for purchase only of the 12H grader and one estimate for sale of the 12H grader at auction.

 

Tenderer

Offer

Hitachi Construction Machinery Australia Pty Ltd

John Deere 670G

CJD Equipment Pty Ltd

Volvo G930

Komatsu Australia

Komatsu GD555_5

WesTrac Pty Ltd

Caterpillar 120M

Hedgers Heavy Equipment Sales

Purchase of Caterpillar 12H

Fowles Auctions

Estimate for sale of Caterpillar 12H at auction

 

 

Tender Assessment

 

An evaluation panel comprising Manager Assets, Plant Supervisor and Grader Driver assessed each of the tenders against qualitative assessment criteria detailed in the Confidential Circularised Document.

 


Qualitative Assessment

 

The assessment criteria considered and their respective weightings were as follows:

 

Whole of Life Costs

50%

Operational Characteristics

20%

Mechanical Aspects

15%

Warranty, Service & Support

10%

Local Preference

5%

 

The CCF Class 15 designation is a standard categorisation for graders within a specific range of engine power.? Accordingly all four machines are very similar in their overall specifications.? Not surprisingly all four machines score fairly similarly against the quantitative assessment criteria.? Individual differences relate to aspects such as cabin ergonomics and operator controls and instrumentation as well as each manufacturer's particular form of mechanical configuration.

 

No direct assessment of environmental factors was made as obtaining sufficient qualitative data is problematic.? However all machines share comparable engine technologies which are compliant with engine emission requirements.? In addition, from what information is available, all machines appear to have similar utilisation of environmentally friendly materials in the manufacture of fittings and fabrics.

 

Quantitative Assessment

 

In addition to the formal assessment of the tenders, the Plant Supervisor and Grader Driver had the opportunity to view and inspect the Volvo grader at Kempsey Shire Council and the Komatsu grader at Bellingen Shire Council.? Both of these graders were also on display at the 2010 Civinex exhibition in Sydney. Council currently operates a Caterpillar grader the same model as that on offer so is familiar with that machine.? The John Deere grader was not available for inspection during the tender assessment period.

 

Plant operators at Bellingen and Kempsey Shires gave favourable comments on the Komatsu and Volvo machines respectively, yet acknowledge that to some degree this is based on familiarity with that particular manufacturer's equipment.? The key issues reported by the Nambucca staff related to poor visibility from the Komatsu and some issues with the Volvo's control rams fouling with the blade circle at full lock.? Neither of these machines are fitted with joystick controls as utilised by Caterpillar which is seen as a step backwards in terms of control technologies and also results in poorer cabin ergonomics.

 

Overall there seems to be an opinion locally, and more widely in the industry, that all of these machines are capable and would be able to perform the duties required.? Individual choices usually are based on past experience with a particular manufacturer and availability of support and maintenance services to ensure equipment downtime is kept to a minimum.

 

Conclusion

 

After consideration of the assessment criteria all four machines score similarly.? The Caterpillar, scores slightly ahead of the other three because of better ergonomics and grading controls and a known and proven support and warranty service.? Council already operates two Caterpillar graders, an older 12H model and a 120M the same as that on offer in this tender.? Selecting another Caterpillar machine will allow for consolidation of service parts as well as ensuring familiarity for operators and maintenance staff.

 

On this basis acceptance of the tender from WesTrac for supply of a Caterpillar 120M motor grader and purchase of Council?s Caterpillar 12H motor grader is recommended.

 

 

 

 

CONSULTATION:

 

Director Engineering Services

Plant Supervisor

Grader Operator ? Bruce Duncan

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental issues arise from this recommendation.

 

Social

 

Provision of construction and maintenance services to the Shire's residents and visitors will help ensure a safe and trafficable road network.

 

Economic

 

Ongoing operation of a viable and efficient grader fleet.

 

Risk

 

There is some risk of unforeseen equipment breakdown and increased maintenance.? Allowances have been made for this risk in the whole of life costings.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact

 

Source of fund and any variance to working funds

 

Loan funds

 

 

 

 

Attachments:

1View

16317/2010 - Grader Tender Assessment

 

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Ordinary Council Meeting - 15 July 2010

Tender for Motor Grader CCF Class 15 - Tender T011/2010

 

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