NAMBUCCA

SHIRE COUNCIL

 


Special Meeting of? Council

AGENDA ITEMS

30 June 2011

 

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?

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

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.? The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda 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 Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Special Meeting of? Council - 30 June 2011

 

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

 

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

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 16 June 2011, Special Meeting of? Council - 23 June 2011

5??????? PUBLIC FORUM

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

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

8??????? General Manager Report

8.1???? 2011/2012 Budget & Management Plan and Forward Financial Plans

8.2???? Review of Organisation Structure

8.3???? Making of Rates and Charges 2011/2012

9??????? Director Engineering Services Report

9.1???? DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads ????

 

 


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).

 

??????? ?


Special Meeting of? Council????????????????????????????????????????????????????????????????????????????????????????????????? 30 June 2011

General Manager's Report

ITEM 8.1????? SF1446??????????? 300611???????? 2011/2012 Budget & Management Plan and Forward Financial Plans

 

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

 

Summary:

 

The public exhibition period for comment on the draft management plan, budget and revenue policy closed at 4.00pm on 16 June 2011.

 

The fact that Council did not seek a special variation for its General Fund in 2011/2012 and instead is operating within the rate pegging limit of 2.8% was one, but not the only factor contributing to a very difficult budget where just maintaining existing service levels has proven impossible, let alone reducing the growing backlog of ageing infrastructure.? As such this budget is not sustainable.? Other factors contributing to the difficult times are the depressed property market, cost shifting including Rural Fire Service cost increases, the loss of regional road funding and increasing electricity costs.

 

The recent floods of 14/15 June have further worsened the situation in relation to infrastructure.? Even though a natural disaster declaration means that the State Government will be reimbursing Council for the cost of agreed claims, there will be a general requirement for increased maintenance for Council?s sealed and unsealed road network.? In response to submissions received as well as the impact of the flood event it is now proposed to retain Council?s third grader for at least the ensuing year.? This means that a further $112,000 of expenditure had to be removed from the budget to enable it to be presented with a deficit similar to the one previously presented to Council.

 

The finalisation of the budget to produce an equivalent deficit whilst retaining the 3rd grader and increasing the budget for rural road grading by an additional $46,000 has been difficult.

 

As General Manager I would like to acknowledge the team approach by the Management Executive (Manex) group which, following some spirited discussion, has put forward some difficult recommendations.

 

The results for each of Council?s funds for 2011/2012 are:

 

General Fund???????? -???????? $48,100 deficit

Water Fund ?????????? -???????? $29,800 surplus

Sewerage Fund????? -???????? $15,900 surplus

 

 

Recommendation:

 

A.????? That Council adopt the Draft Budget for 2011-2012 subject to the changes shown in the ????????? following table which affect the General Funds only:

 

Proposed change to draft budget

Cost/Saving $

Deficit $

Draft budget as exhibited

 

50,300

1.? Acceptance of voluntary redundancy from labourer

28,500

78,800

2.? Retention of third grader

112,000

190,800

3.? Demonstration gravel pavements (gravel, water, pneumatic roller)

30,000

220,800

4.? Additional overtime for grader crews

16,000

236,800

5.? Donations budget (S356) ? reduce from $20,000 to $4,000

(18,000)

218,800

6.? Non-replacement of Section 94 contributions planner who has resigned

(21,800)

197,000

7.? Termination of lease on motor vehicle (spare RAV4)

(6,000)

191,000

8.? Subsidy to Aquatic Centre contractor less than draft budget

(14,000)

177,000

9.? Deletion of field data capture PC?s x 4 (for collation of asset data)

(10,000)

167,000

10.? Deletion of employee opinion survey

(6,000)

161,000

11.? Delete sealed road condition assessment by ARRB

(35,000)

126,000

12.? Council contribution to natural disaster funding

29,000

155,000

13.? Non-replacement of corroded path lighting on V-Wall

(111,000)

44,000

14.? Saving in 2010/11 street lighting budget

(11,600)

32,400

13. Deferral of replacement of 5 utilities

(15,000)

17,400

15.? Overhead adjustments relating to the above (between funds)

30,700

48,100

 

 

B.????? That Council adopt the Fees and Charges for 2011-2012 incorporating the changes in the memo from the Director Environment and Planning which are attached to this report as well as changes to regulated charges (circularised); increasing the fee for the waste levy from $31.00 per tonne to $31.10 per tonne and noting that the $22 fee for the public weighbridge is for a single weigh only.

 

C.????? That Council adopt the Infrastructure Management Plan for 2011-2016 incorporating the changes in the memo from the Manager Assets which are attached to this report.

 

D.????? That Council adopt the Forward Plan 2011-2016 subject to the changes indicated above.

 

E.?????? That Council adopt the Draft Management Plan 10 Year Community Strategic Plan 2011/2016.

 

F.?????? That those who made submissions to the draft budget be advised of the decision relating to ????????? their matter of interest.

 

 

OPTIONS:

 

Council has discretion as to what is contained within its budget and management plan documents.? In relation to the budget for the General Fund any additional expenditure will need to be balanced against expenditure cuts in other areas or increased revenue.

 

DISCUSSION:

 

The 2011/2012 draft budget and management plan were placed on public exhibition on 19 May 2011 with submissions closing on 16 June 2011.? Submissions were received from 6 people and these are discussed in the consultation section below.

 

The draft budget which was placed on public exhibition had an estimated deficit in the General Fund of $50,300.

 

The fact that Council did not seek a special variation for its General Fund in 2011/2012 and instead is operating within the rate pegging limit of 2.8% was one, but not the only factor contributing to a very difficult budget where just maintaining existing service levels has proven impossible, let alone reducing the growing backlog of ageing infrastructure.? As such the budget is not sustainable.? Other factors contributing to the difficult times are the depressed property market, cost shifting including Rural Fire Service cost increases, the loss of regional road funding and increasing electricity costs.

 

Since placing the draft budget on public exhibition, a number of changes have arisen.

 

Firstly the contract for the operation of the Macksville Memorial Aquatic Centre has been finalised.

 

Secondly the exercise to seek expressions of interest from Council staff in voluntary redundancy is almost complete.? A Labourer has accepted a redundancy whilst Council is awaiting the outcome of a second redundancy offered to the Site Leader Parks and Reserves.

 

The other material change since the budget was placed on public exhibition will be dealing with the repair work arising out of the recent floods of 14/15 June.? The natural disaster declaration for the Nambucca local government area means that grants are available to meet 100% of eligible emergency works and 75% of eligible restoration works up to $116,000 with 100% cost recovery beyond that level.? However the additional work does have an impact on planned programs and in particular the proposed sale of one of Council?s graders.

 

As a consequence of the work arising out of the flood event and the public submissions made in response to the draft budget, it is now proposed to retain Council?s third grader for at least 1 year.? During this period there will be a review of its operations and outdoor operations generally.? It is also proposed to undertake and signpost several sections of high quality unsealed road maintenance where a proper gravel pavement will graded, watered and rolled with a hired pneumatic roller.? This will enable a determination to be made as to the cost benefit of a different style of maintenance which may provide a longer duration between grades and potentially avoid the need for a third grader.

 

In an endeavour to improve the utilisation of the three graders it is also proposed that staff work additional hours (overtime) in ideal grading conditions.? This would provide options for finishing on the job, working on an RDO Friday or working on a Saturday.

 

The proposed changes to the draft budget are summarised in the following table.

 

Proposed change to draft budget

Cost/Saving $

Deficit $

Draft budget as exhibited

 

50,300

1.? Acceptance of voluntary redundancy from labourer

28,500

78,800

2.? Retention of third grader

112,000

190,800

3.? Demonstration gravel pavements (gravel, water, pneumatic roller)

30,000

220,800

4.? Additional overtime for grader crews

16,000

236,800

5.? Donations budget (S356) ? reduce from $20,000 to $4,000

(18,000)

218,800

6.? Non-replacement of Section 94 contributions planner who has resigned

(21,800)

197,000

7.? Termination of lease on motor vehicle (spare RAV4)

(6,000)

191,000

8.? Subsidy to Aquatic Centre contractor less than draft budget

(14,000)

177,000

9.? Deletion of field data capture PC?s x 4 (for collation of asset data)

(10,000)

167,000

10.? Deletion of employee opinion survey

(6,000)

161,000

11.? Delete sealed road condition assessment by ARRB

(35,000)

126,000

12.? Council contribution to natural disaster funding

29,000

155,000

13.? Non-replacement of corroded path lighting on V-Wall

(111,000)

44,000

14.? Saving in 2010/11 street lighting budget

(11,600)

32,400

13. Deferral of replacement of 5 utilities

(15,000)

17,400

15.? Overhead adjustments relating to the above (between funds)

30,700

48,100

 

At the date of preparing this report a second redundancy had been offered to the Site Leader Parks and Reserves with a closing time of 4.30pm on the day this report will be considered ie Thursday 30 June.? There had been no response to the redundancy offer at the time of preparing this report.? If the redundancy is accepted there will be a ?one off? cost to Council of $31,824 which will increase the deficit.

 

The Director Engineering Services has also been negotiating with the Rural Fire Service in relation to their budget ?bid? for 2011/2012.? There has been some verbal acceptance at the local level of reducing the ?bid? from $284,000 to $235,000.? However there has been no confirmation of this and as such the full amount has been included in the budget.? It should be noted that $284,000 ?bid? is $73,400 or 35% more than was provided in the budget for 2010/2011.

 

The following comments are made in relation to the proposed changes to the draft budget and management plan documents.

 

1.? Acceptance of voluntary redundancy from labourer

 

Council?s offer of voluntary redundancy has been accepted for a labouring position which had previously been removed from the structure as the incumbent was unfit to carry out the duties of the position.?

 

2.? Retention of third grader

 

Given the submissions to the draft budget and considering the recent flood event, it is recommended that Council retain its third grader for at least one year, during which time there will be a review of its operations and outdoor operations generally.

 

3.? Demonstration gravel pavements (gravel, water, pneumatic roller)

 

Part of the rationale for the disposal of the third grader is that each of the graders has relatively low hours (30%-40% utilisation).? An alternative to Council?s existing regular ?scrape? of the more highly trafficked gravel roads is to undertake a higher quality maintenance where a proper gravel pavement is watered, graded, and rolled with a hired pneumatic roller on a less frequent basis.?? If the higher quality maintenance allows less frequent grading then there could be more confidence in relation to operating with two instead of three graders.? A nominal provision of $30,000 has been made for the construction of some demonstration gravel pavements in various locations across the Shire with sign posting to allow residents, councillors and staff an appreciation of the cost/benefit of this work.

 

4.? Additional hours (overtime) for grading crews

 

Associated with the demonstration gravel pavements it is also proposed to trial grading staff working additional hours during ideal grading conditions, including finishing at 4.15 pm on the job (rather than leaving the job earlier to arrive at the Works Depot at 4.15 pm) and working rostered-days-off to improve the utilisation of its three graders.? It will involve the payment of overtime estimated at $16,000 per annum for the six staff involved.

 

5.? Donations Budget

 

To meet the retention of the third grader it has been necessary to review operating expenditure across the board to identify savings to offset an increased allocation of resources to unsealed rural road maintenance.? Management does its best to avoid cutting expenditure on asset management and for this reason it is considered necessary to cut the donations budget from $20,000 to $2,000.? This will affect mainly local charities and not for profit associations.? The $2,000 will be adequate for annual donations to schools for their presentation days but little else.? Council will be unable to refund development applications to Nambucca Valley Care as contemplated at its meeting on 19 May 2011.

 

6.? Non replacement of Section 94 Contributions Planner

 

The Section 94 Contributions Planner who is shared by Kempsey, Nambucca and Bellingen Councils has announced his resignation effective 23 June 2011.? Whilst it would be ideal to retain the position, given that there has been considerable work updating Council?s contribution plans over the past 4 years, the poor state of the property industry as well as Council?s overall financial situation, it is recommended that the position not be replaced at this stage.? Arrangements as to who will pick up the work have not been finalised.? It is likely to require a joint effort by Corporate Services and the Environment and Planning Department.

 

7.? Termination of Lease on Spare Motor Vehicle (RAV4)

 

Management frequently deal with requests from staff and councillors for a motor vehicle to attend training.? We also have instances where lease back vehicles and salary packaged vehicles require repairs and a replacement motor vehicle is required.? An old sedan which Council owned was used as a replacement vehicle but was replaced with a new leased Toyota RAV4.? With the impending resignation of Council?s Manager Information Technology Council will have a ?spare? vehicle for at least 6 months.? After that the availability of a ?spare? vehicle will be dependent upon loaning an existing vehicle or a vacancy which has an allocated vehicle.? To save funds it is proposed to terminate the lease on this vehicle.

 

8.? Reduced Subsidy to Macksville Memorial Aquatic Centre

 

The draft budget made provision for an operator subsidy in 2011/2012 of $264,400 being the subsidy paid to the operator in 2010/2011.? The tender for the next 5 year contract which has been awarded to YMCA is based on an operator subsidy in 2011/2012 of $250,000, a saving of $14,000.

 

9.? Deletion of hand held PC?s for collection of asset data

 

It had been proposed to trial the use of 4 IPads or similar devices to capture asset data in the field.? For example field staff would be able to load information and photographs in the field into standard templates which concerned the particular asset.? In the event that Council moves to discreet asset management software, this approach will be necessary.? However given Council?s financial circumstances and pending the acquisition of asset management software the proposed purchase can be deferred.

 

10.? Deletion of Employee Opinion Survey

 

An employee survey was undertaken in conjunction with Bellingen Shire Council in 2009.? Whilst the survey is very desirable, given Council?s financial predicament it can be deferred for at least another year and hopefully undertaken again in conjunction with Bellingen Shire Council.

 

11.? Deletion of Sealed Road Condition Report by the Australian Road Research Board (ARRB Group)

 

Council engaged the ARRB Group to undertake a laser and digital assessment of its sealed road pavements in 2008.? Provision had been made in the draft budget for 2011/2012 to undertake the same assessment so as to provide comparative data to inform Council?s asset management systems and to provide more accurate costing of depreciation.? Whilst this is important data for improving the management of Council?s sealed road network, it can be deferred for another year.

 

12.? Council contribution to natural disaster funding

 

Council has to fund the first $29,000 of funding for work associated with the recent natural disaster declaration.

 

13.? Non-replacement of corroded path lighting on V-Wall

 

The existing lighting of the path along the breakwall is completely corroded and is threat to pedestrians.? It either needs to be replaced or removed.? The draft budget contained a provision of $111,000 for its replacement.? As indicated Council cannot fund its asset liabilities and being unable to increase its revenue must consider a reduction in the service levels of those assets.? This is already occurring with the reconstruction of some two lane bridges as single lane.? Whilst the provision of path lighting is desirable for security and reducing the risk of trips and falls, management believe it rates as a lesser priority to the maintenance of our road and bridge network.? Decisions on reduced service levels is properly a matter for the Council and it is open to replace the lighting at the expense of other budgets for other asset management, eg roads and bridges.

 

14.? Saving in 2010/11 street lighting budget

 

There has been little expenditure from the 2010/11 budget for the provision of street lights and there is no work planned for the remainder of the financial year.? It is proposed that this saving be brought to account.

 

15.? Deferral of Replacement Utilities

 

There are five utilities due for replacement which can be deferred for another year.? However this will increase the liability for plant replacement in future years.

 

16.? Overhead adjustments relating to the above

 

There are overhead allocations for some of the items listed above to water and sewerage.? These overhead allocations have to be excluded to determine the budget outcome for the general fund.

 

Changes to Infrastructure Management Plan

 

Council?s Manager Assets has proposed a number of changes to the Infrastructure Management Plan to respond to marked deterioration in some areas.? The changes which have no impact on the budget deficit are attached.

 

Changes to the Fees and Charges

 

The attached memos and file notes indicate a number of changes to the fees and charges concerning:

 

1.?? cemeteries and a flood certificate for complying development

2.?? the NSW Government?s waste levy for 2010/11 being $31.10 instead of the advertised $31.00

3.?? changes by IPART to regulated fees and charges relating mainly to development applications.? Council cannot amend these charges as they are set by regulation but still must appear in the fees and charges.? These are shown in the circularised document.

 

CONSULTATION:

 

The submissions to the draft budget have been received from Mr Gary Soyka (owner of 1 East Street, Macksville); Nambucca Valley Care; Director Environment and Planning; Mr Andrew Parker; Missabotti Community Centre; Mr John Moore, and N Fuller.? The submissions are attached.? Relevant responses from Council staff are also attached.

 

A summary of each submission together with comment is provided in the following table.

 

Submission

Comment

Mr Gary Soyka

Owner of 1 East Street, Macksville (cnr of River Street).?? Seeks funding for the clearing out of the creek/drain which flows through the back of properties from Boundary Street before crossing under East Street near Dudley Street and then discharging into the river through flood gates near Mr Soyka?s property.? Also seeks funding for work to ensure there is no sewage surcharging from an access manhole at 3 East Street .

The Manager Civil Works included a ?nominal? provision in the draft budget of $50,000 to undertake clearing work in the creek/drain.? Most of the drain runs through the rear of properties and it?s impossible to get machinery access.? This means that clearing the drain will need to be undertaken by hand and will be expensive.? The $50,000 provision was deleted in the second round of cuts as management dealt with a $2.1m deficit.? The provision can be reinstated but other expenditure of at least equivalent value will need to be identified and removed.

 

In relation to the sewage complaint, it is acknowledged there have been instances of surcharge during intense rainfall events.? The draft budget makes provision for $150,000 to investigate sources of stormwater inflow into Council?s sewerage system.? This section of the Macksville sewerage system will be investigated as part of this funding.? As the potential sources of stormwater inflow are identified they will be remedied but the process is likely to take several years before there is a significant improvement.

Nambucca Valley Care

Advocate that the reimbursement of DA fees for locally owned and operated charities and community groups not be treated as a donation.

At Council?s meeting on 19 May it was resolved that Council consider refunding 50% of the development application fees to Nambucca Valley Care from the $20,000 provision in the draft 2011/2012 budget on the basis that the provision in the draft budget is finally adopted.? As indicated above, in order to retain Council?s third grader it is recommended that the donations budget be significantly reduced.? This would preclude making the $10,000 refund contemplated in the 19 May resolution.

 

The financial support which Council provides to local charities and community groups, either direct or indirect, needs to be identified in its accounts.? The easiest way of achieving this is by recording financial discounts for development application fees as a donation.? Alternatively if the development application fees are simply discounted there will be no costing of the staff time and lost revenue which are attributable to development applications.? It is agreed with the ?third sector? is a major industry in the Nambucca Valley and equally there are significant direct and indirect costs associated with a ?waiving? of DA and CC fees.

Memo from DEP regarding changes to the Fees and Charges

Memo concerns a recommended new fee for the issue of a flood hazard certificate for complying development ($250) and minor changes to the cemetery fees because the plaque supplier has indicated a fee increase of 5.2%.

The new and revised fees are recommended for adoption.

Andrew Parker

Opposed to the sale of a grader because it would result in less grading of North Arm Road.? Also concerned about the possible redundancy of Mr Wayne Laverty?s position.? ?He is without a doubt council?s finest operator and he is the only thing that stands between council and ratepayers vitriolic abuse concerning your lack of integrity relating to the safety and welfare of residents of North Arm Road.?

As discussed in this report the third grader will be retained for at least one year, during which time there will be a review of its operations and outdoor operations generally.? Also the allocation for grading in the advertised draft budget is proposed to be increased by $30,000 for the provision of some demonstration gravel pavements and by a further $16,000 for additional overtime.

Missabotti Community Centre

Opposed to the sale of a grader.

As per the comment made above.

John Moore

Advises that at a public meeting held some years ago it was advised that funds from a rate increase would be used to improve roads and install gross pollutant traps.? Gross pollutant traps have not been installed.

Funding of $20,000 was provided in the 2009/2010 budget for the provision of a GPT at Beer Parade, Nambucca Heads.? For various reasons the funding was carried over into the 2010/2011 budget.? The Manager Civil Works advises that a contract has now been entered into for the provision of the GPT at Beer Parade.? The future provision and maintenance of GPT?s should come from Council?s environmental levy.

N Fuller

Also concerned about the sale of one of Council?s graders.

As per the comment made in response to the submission from Andrew Parker.

Email from Manager Assets

Proposes to reallocate funds from the EJ Biffin Field car park reconstruction (now grant funded) and defer funding for rehabilitation of Loftus Lane and West Street to attend to higher priority work in Palmer Street.

No change to deficit.? The proposal is to reallocate funds to respond to a deterioration in the condition of sections of Palmer Street.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

There are social costs and benefits with the recommended changes to the budget.? Some of the changes directly respond to the submissions which have been made in relation to the sale of a grader whilst the changes required to fund this will have adverse social impacts, eg reduction in the donations budget.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report concerns finalising Council?s budget and other management plan documents.

 

Source of fund and any variance to working funds

 

The budget which is presented for adoption shows a deficit of $24,739.

 

Attachments:

1View

14631/2011 - Submission regarding draft Budget - G Soyka

 

2View

14448/2011 - Complaint regarding flooding and pollution at 1 East Street

 

3View

8953/2011 - Response re sewerage surcharge at 3 East Street

 

4View

13330/2011 - Confirmation of advice re drainage issues at 1 East Street

 

5View

15459/2011 - Submission from Nambucca Valley Care

 

6View

15691/2011 - Memo regarding fees & charges 2011/2012

 

7View

14420/2011 - Submission from Andrew Parker

 

8View

15934/2011 - Concerns from Missabotti Community Centre members

 

9View

16196/2011 - Submission from John Moore

 

10View

16363/2011 - Drainage and Sewer Problems - 1 East Street, Macksville

 

11View

16482/2011 - Budget submission? - N Fuller

 

12View

16576/2011 - Amendments to draft Infrastructure Management Plan

 

??


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

From:Gary Soyka[SMTP:gary.soyka@live.com]

To:council[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=CCOUNCIL]

Received-Date:20110531

Received-Time:1:54:44 AM

Sent-Date:20110531

Sent-Time:1:54:36 AM

Subject:Submission regarding draft Budget

 

Attention General Manager,

 

Immediately below is an extract from your web site.

 

 

 

OUR VISION Nambucca Valley ~ Living at its best

 

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

 

 

 

 

 

I wish to make a submission concerning your draft budget for 2011/12. I have corresponded with Council recently, my last email is below. I received today a  response from Noel Chapman dated 25 May 2011. It is in reply to my letter dated 16th March.  It crossed with my email of the 27th   May below. I could not wait any longer.

 

In not allowing funds for fixing the drainage and the water course near 1 East Street, nor not allowing any or sufficient funds to immediately fix sewerage flowing into the creek and adjacent Nambucca River you are flagrantly breaching your duty to ratepayers and the Vision you proudly state on your web site. You are not maintaining Council?s assets or infrastructure. You are not protecting its natural environment. Worse than this you are actually damaging the environment.

 

Mr Chapman and Mr Spain acknowledge the issues, acknowledge it is Councils responsibility to fix them but are frustrated by the budget process and their inability to get the necessary funds.

 

Without the necessary funds, raw sewerage will continue to flow into the creek and adjacent river. The creek will continue to flood in heavy rain causing damage and potential loss of income and injury to ratepayers. Council are aware they are responsible for the consequences of their lack of action. This lack of action could result in fines and legal action to recover damages.

 

I once again implore the Council to reconsider its budget and abide by its stated ?Vision.?

 

 

 

 

 

 

 

 

 

Regards,

 

 

 

 

 

Gary Soyka

 

65 Wills Road Cronulla, 2230

 

9544  1563

 

0416 154 900

 

gary.soyka@live.com

 

 

 

From: Gary Soyka [mailto:gary.soyka@live.com]

Sent: Friday, 27 May 2011 4:39 PM

To: 'council@nambucca.nsw.gov.au'

Subject: Flooding Issues and Pollution at 1 East Street Macksville

 

 

 

Attention General Manager.

 

 

 

I wrote to you on the 16th March with two separate letters about two separate issues identified above.

 

 

 

I received an unsatisfactory written response from Richard Spain on the 4th April concerning the pollution. I had a conversation with him on the 11th April and remain unsatisfied. In summary, he acknowledges Council has a problem, is doing his best but has no money to deal with the issues.

 

 

 

I am most disappointed that I haven?t had a written response from Noel Chapman regarding the flooding issue. I followed up Paul Gallagher by phone a few weeks ago and received a call back from Noel. He was apologetic for the delayed response, he said he was waiting to see what happened in the budget . He acknowledged the creek was overgrown, full of silt and litter and it was Council?s responsibility to fix the flooding issue. He was not hopeful of funds being committed to the works in the budget. He promised me a formal written response at least two weeks ago (the day after the budget was finalised). I sent an email to Noel more than a week ago again reminding him but still no written response. I am sure you would agree this is unsatisfactory.

 

 

 

Today I have reported the matters as a formal complaint to the Office of Environment and Heritage.(ex EPA) The reference number is 128951.

 

 

 

In regard to the flooding issue, they were reluctant to get involved. They have referred me to the NSW Office of Water or the NSW Ombudsman. When the NSW Office of Water in Coffs Harbour answer their phone they will receive a formal complaint about the flooding issue.

 

 

 

Put as simply as I can and as explained courteously to both Richard and Noel. If the Council refuse to take timely action to deal with these issues I need to escalate the matter.  Because the Council will not spend the money to fix the issues, they run the risk of suffering financially by way of fines and / or actions for legal redress by aggrieved parties.

 

 

 

I formally request Council re-look at its budget in regard to these vital issues. To fix them now may produce a better financial result than to leave acknowledged problems and wait for the consequences.

 

 

 

 

 

Attached is a link to the video evidence of the pollution that is now with the Office of Environment and Heritage. Please listen to the commentary and read the notes from the resident (my tenant)

 

 

 

http://www.youtube.com/user/1eastst?feature=mhsn#p/u

 

 

 

 

 

I am sorry I had no alternative but to take this action.

 

 

 

 

 

 

 

Regards

 

 

 

 

Gary Soyka

 

65 Wills Road Cronulla, 2230

 

9544  1563

 

0416 154 900

 

gary.soyka@live.com

 

 

 

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Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

From:Gary Soyka[SMTP:gary.soyka@live.com]

To:council[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=CCOUNCIL]

Received-Date:20110527

Received-Time:6:38:30 AM

Sent-Date:20110527

Sent-Time:6:38:47 AM

Subject:Flooding Issues and Pollution at 1 East Street Macksville

 

Attention General Manager.

 

 

 

I wrote to you on the 16th March with two separate letters about two separate issues identified above.

 

 

 

I received an unsatisfactory written response from Richard Spain on the 4th April concerning the pollution. I had a conversation with him on the 11th April and remain unsatisfied. In summary, he acknowledges Council has a problem, is doing his best but has no money to deal with the issues.

 

 

 

I am most disappointed that I haven?t had a written response from Noel Chapman regarding the flooding issue. I followed up Paul Gallagher by phone a few weeks ago and received a call back from Noel. He was apologetic for the delayed response, he said he was waiting to see what happened in the budget . He acknowledged the creek was overgrown, full of silt and litter and it was Council?s responsibility to fix the flooding issue. He was not hopeful of funds being committed to the works in the budget. He promised me a formal written response at least two weeks ago (the day after the budget was finalised). I sent an email to Noel more than a week ago again reminding him but still no written response. I am sure you would agree this is unsatisfactory.

 

 

 

Today I have reported the matters as a formal complaint to the Office of Environment and Heritage.(ex EPA) The reference number is 128951.

 

 

 

In regard to the flooding issue, they were reluctant to get involved. They have referred me to the NSW Office of Water or the NSW Ombudsman. When the NSW Office of Water in Coffs Harbour answer their phone they will receive a formal complaint about the flooding issue.

 

 

 

Put as simply as I can and as explained courteously to both Richard and Noel. If the Council refuse to take timely action to deal with these issues I need to escalate the matter.  Because the Council will not spend the money to fix the issues, they run the risk of suffering financially by way of fines and / or actions for legal redress by aggrieved parties.

 

 

 

I formally request Council re-look at its budget in regard to these vital issues. To fix them now may produce a better financial result than to leave acknowledged problems and wait for the consequences.

 

 

 

 

 

Attached is a link to the video evidence of the pollution that is now with the Office of Environment and Heritage. Please listen to the commentary and read the notes from the resident (my tenant)

 

 

 

http://www.youtube.com/user/1eastst?feature=mhsn#p/u

 

 

 

 

 

I am sorry I had no alternative but to take this action.

 

 

 

 

 

 

 

Regards

 

 

 

 

 

 

 

Gary Soyka

 

65 Wills Road Cronulla, 2230

 

9544  1563

 

0416 154 900

 

gary.soyka@live.com

 

 

 

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Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

Enquiries to:???? Richard Spain

Phone No:??????? 02 6568 0234

Our Ref:????????? LF4828

Your Ref:????????

 

 

 

4 April 2011

 

 

 

Mr G Soyka

65 Wills Road

CRONULLA? NSW? 2330

 

 

Dear Sir

 

SEWERAGE SURCHARGE AT 3 EAST STREET

 

We refer to the above and your letter dated 16 March 2011 and advise that Council acknowledges that any discharge from the sewerage system is undesirable.

 

However Council would like to clarify that surcharges from Council?s sewerage system are not common place and that the surcharges at this particular location in East Street are only associated with intense rainfall events outside Council?s control. Consequently the discharge is predominantly stormwater that has made its way into the sewerage reticulation system. Whilst it may appear unsightly the concentration of raw sewage in the discharge is very low and it is considered to have a minimal impact on the environment of the Nambucca River.

 

This is not to say that Council is dismissive of the problem. Contrary to your impressions, Council is aware that inflow and infiltration of stormwater into the sewerage system is an issue that needs to be addressed in Macksville and the problem is being given a high priority.? It has been identified in Council?s Integrated Water Cycle Management Strategy and in forward planning for Capital Works funding.

 

However as I attempted to explain to you during our discussion at Council?s office, I consider that there is no quick fix to this problem.? Proper investigation of the source of the stormwater inflow must be undertaken prior to attempting to undertake any repair work.? The work involved in relining / repairing pipe work can be very expensive and it is essential that Council has a high level of confidence that money allocated for rehabilitation or replacement works is targeted to where it will have the most benefit.

 

Commencing with Council?s 2011/12 budget it is proposed to allocate funding to implement these investigations and catchments areas within in Macksville that contribute to the pipe flow at East Street will be given first priority.? The investigation of the entire Macksville sewer system may take a number of years, due to it size and the need to spread costs and major capital works will only be undertaken once the extent of the rehabilitation works has been quantified and Council approves budget funding. Illegal stormwater connections and easily rectified problems will be dealt with as they are discovered under Council?s normal maintenance program.


2

 

Mr G Soyka

4 April 2011

LF4828

 

 

 

The access chamber at 3 East Street is located at the lowest point in that catchment area and is also immediately adjacent to a natural watercourse draining the area.? When assessing the risks associated with a sewage discharge the impacts at this location are considered to be significantly less than elsewhere in the area.

 

Although on first impression your suggestion to fix down the lid of the access chamber would appear to be reasonable, it is considered that it has the potential to worsen the impact of the surcharge.? This option will increase the build up of pressure in the sewer line with the likely result being a surcharge elsewhere in the system that may have a greater potential to cause damage to property.

 

In the short term it is likely that surcharges will continue at this location during intense rainfall events.? However, Council is committed to undertake investigations of the sewer catchments draining to this location during the 2011/12 financial year with a view to identifying the sources of the stormwater ingress.? Major capital works required to rectify identified problems will have to be submitted to Council and approved for inclusion in future budgets.? The ultimate objective is to eliminate wet weather surcharges from the system however it may be a number of years before the situation at this location is improved to your satisfaction.

 

Should you wish to discuss this matter further, please do not hesitate to contact me on (02)  6568 0234.

 

 

Yours faithfully

 

 

 

 

 

Richard Spain

MANAGER WATER AND SEWERAGE

 

RS:hl

 


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

Enquiries to:???? Noel Chapman

Phone No:??????? 02 6568 0241

Our Ref:????????? LF4828

Your Ref:????????

 

 

 

25 May 2011

 

 

 

Mr G Soyka

65 Wills Road

CRONULLA? NSW? 2330

 

 

Dear Mr Soyka

 

DRAINAGE AT 1 EAST STREET MACKSVILLE

 

I wish to confirm the verbal advice given during our telephone conversation on Wednesday 11 May 2011.

 

As advised, funding for the maintenance of the water course adjacent to your property was included in the preliminary budget submissions.? The total cost to clear this waterway is estimated to be in excess of $1 Million.? An initial allocation of $50,000 was sought for interim works in the vicinity of your property.

 

Unfortunately due to severe budget constraints this project was culled from the budget presented to Council although it was identified in a list of similarly culled projects.? Council at a special budget meeting on 12 May 2011 adopted the General Manager?s recommendation to advertise the draft budget for a period of 28 days.? As advised you can make a submission to the draft budget requesting reinstatement of this project.

 

Please view Council?s website, www.nambucca.nsw.gov.au for details of the budget and date for submissions.

 

Should you wish to discuss this matter further, please do not hesitate to contact Mr Noel Chapman, Manager Civil Works of Council?s Engineering Services Department on 6568 0241.

 

Yours faithfully

 

 

 

 

 

Noel Chapman

MANAGER CIVIL WORKS

 

NJC:hl

 


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 



Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

M E M O R A N D U M

 

 

TO: ??????????????????????????? GENERAL MANAGER

 

FROM:?????????????????????? DIRECTOR ENVIRONMENT AND PLANNING

 

SUBJECT:?????????????? INTERNAL SUBMISSION

??????????????????????????????????? FEES AND CHARGES 2011/2012

 

DATE:??????????????????????? 10 JUNE 2011

 

FILE NO:?????????????????? SF1645

 

 

Michael,

 

Certificates

I have perused the exhibited Fees and Charges for the 2011/2012 year and note that I did not include a fee for the issue of a Flood Hazard Certificate for complying development purposes. Whilst, the liability and exposure is equal to that of a Bushfire Certificate, the certificate is unlikely to be issued by anyone other than Council as indicative flood inundation maps are not publicly available at this stage due to the scant information Council holds over the floodplain. Once the new round of Flood Studies are completed Council will have much more accurate flood inundation details for the 1:100yr event with Climate Change and the certificate will then be able to be issued by Flood Engineers as well as Council as these details will be publicly available.

 

It is therefore proposed that a fee of $250 be charged for the issue of a Flood Hazard Certificate for Complying Development purposes.

 

Cemetery

The 2010/11 Fees & Charges had a combined charge for the purchase of the plaque/internment permit/placement & fixing of plaque. The Foundry (plaque supplier) has recently indicated a fee increase of 5.2% for the purchase of the plaques hence the need to separate the cost from an inclusive charge as Council costs have been based on an annual cost increase of 3%.

 

Recommendation:

 

That the fees and Charges for the 2011/2012 year be amended as follows:

???? Issue of a Flood Hazard Certificate for Complying Development purposes be $250 (includes GST)

???? As per attached table for Cemetery fees

 

 

 

GREG MEYERS


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

 

AMENDMENTS TO FEES & CHARGES FOR 2011/12

 

TITLE OF FEES & CHARGES

FEES & CHARGES 2010/11

FEES OR CHARGE FOR 2011/12

 

CIVICA LEDGER #

ESTIMATED FIELDS 2011/12

COMMENTS

CEMETERY FEES

 

Columbarium walls ? single niche walls

- Purchase/reserve single wall niche

 

$60 (GST inclusive)

 

$62 (GST inclusive)

 

1530.0110.0119

 

 

- Internment Permit/placement of ashes & fixing plaque, new walls

 

 

 

 

$311.30/niche (GST inclusive)

 

$246/niche (GST inclusive) + purchase/reservation fee per niche

 

1530.0110.0119

 

The 2010/11 fees & Charges had a combined charge for the purchase of the plaque/internment permit/placement & fixing of plaque. The Foundry has recently indicated a fee increase of 5.2% for the purchase of the plaques hence the need to separate the cost from an inclusive charge as Council costs have been based on an annual cost increase of 3%.

Single niche costs -?????? 2010/11?????? 2011/12

?????????????????????????????????????????? $550.00???????? $590.00

Original wall (west side)?? $417.00????????? $442.00

Purchase & install vase????? $68.00??????????? $74.00

- Original wall western side (Nambucca Heads)

$223.90 + $133.10 = $357.00

$170.00

1530.0110.0119

 

- Purchase of bronze plaques:-

? New walls

? Original double niche wall (Nambucca Heads)

 

$178.70 (GST inclusive)

$133.10 (GST inclusive)

 

Cost of plaque + 50%

Cost of plaque + 50%

 

1530.0110.0119

1530.0110.0119

 

Purchase bronze niche Side Lug Vase

$53.00 (GST inclusive)

Cost of vase + 25%

1530.0110.0119

 

Installation of bronze Side Lug Vase

$7/vase (GST inclusive)

 

$7.00/vase (GST inclusive)

1530.0110.0119

 

 

Columbarium wall ? double niche

 

- Internment Permit/placement of ashes & fixing plaque, new walls

 

$790 + purchase/reservation fee per double niche $120.

$492/double niche + purchase/reservation cost per niche (GST inclusive)

1530.0110.0119

 

Double niche costs -????? 2010/11???????? 2011/12

Plus plaque costs?????????? $910.00???????? $995.00

- Purchase of double bronze plaque

Cost of plaque + 50%

1530.0110.0119

 

 

 

 

 

 

 

 

??


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 


Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

From:Mayor[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=MAYOR]

To:Loreto Wright[SMTP:Loreto.Wright@nambucca.nsw.gov.au]

Received-Date:20110616

Received-Time:6:04:03 AM

Sent-Date:20110616

Sent-Time:6:04:03 AM

Subject:FW: BUDGET SUBMISSION

 

 

 

  _____  

 

From: Janine Reed [mailto:utungun@bigpond.com]

Sent: Wednesday, 15 June 2011 9:28 PM

To: Mayor

Subject: BUDGET SUBMISSION

 

 

 

EMAIL TO:       Nambucca Shire Council

 

FROM:             John Moore

 

DATED:                        15th June, 2011  

 

 

 

Dear Madam Mayor,

 

 

 

I would like to make the following submission to the Budget (Draft Management Plan) and it would be appreciated if you could see that my submission is considered.

 

 

 

 

 

SUBMISSION TO BUDGET

 

 

 

It appears that the installation of Gross Pollutant Traps is not included in the budget for the 2011-2012 financial year.

 

Some years ago Council held a public meeting to consult with ratepayers to garner support for an increase in rates beyond rate pegging.

 

I attended the meeting where this was discussed and spoke in support of the rate increase because Council claimed that the additional funds raised would be used to improve the roads and install Gross Pollutant Traps.

 

While other surrounding Councils were unsuccessful in their application for such an increase, Nambucca Shire was successful because they had the support of the community.

 

Council may recall at a Council meeting during a presentation in response to a question to Council I was advised by Mr. Chapman from the Engineering Department that a design was being developed for a Gross Pollutant Trap at Bellwood. 

 

Many years have passed since these additional funds were procured and it is obvious that, in not using the funds to install any gross pollutant traps, Council has misled the community.

 

It would appear that Council?s budgets may be nothing more than a wish list with projects not followed through or forgotten and funds directed to alternate uses.

 

In the meantime, no doubt the eventual cost of the installation of Gross Pollutant Traps would be escalating. 

 

These traps are extremely important to protect our water ways and therefore the original planned traps should be included in the current budget, not only to protect our rivers, but to restore ratepayers? confidence in Council.

 

It is to be hoped that these funds have not been revoted to other projects. 

 

 

 

Yours sincerely,

 

John Moore

 

 

 

 

 

 

 

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Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

From:Michael Coulter[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=MICHAELC]

To:'Gary Soyka'[SMTP:gary.soyka@live.com]

Cc:Noel Chapman[SMTP:Noel.Chapman@nambucca.nsw.gov.au]

Cc:Richard Spain[SMTP:Richard.Spain@nambucca.nsw.gov.au]

Received-Date:20110617

Received-Time:6:44:22 AM

Sent-Date:20110617

Sent-Time:6:44:22 AM

Subject:Drainage and Sewer Problems - 1 East Street, Macksville

 

Gary

 

All of your submissions including this one and my response will be included in full in the business paper.  I have no problem in showing the video - we have the facilities to do this  - but will need to confirm with a trial run.

 

The advice I have received is that the sewerage system does cope with moderate rainfall but we acknowledge there has been surcharging from the manhole in storm events when there is torrential rain.  A provision has been made in next year's budget to spend $150,000 undertaking detailed inspections of sewerage systems in problem locations to determine the best means of reducing or eliminating the problem.  One of the locations to be examined will be the system upstream of your property.  Getting stormwater out of the sewer will be the major objective but is unlikely to be quick fix.

 

In relation to the major drain, funding is obviously an issue for us.  The drain runs through back yards with very little opportunity to get access for machinery.  Consequently most clearing would need to be undertaken by hand - a very difficult, time consuming and expensive job.  Also I don't have any assessment from our engineering staff as to the benefit an expenditure of $50,000 or $100,000 or $1m would bring.

 

We are also juggling funding to make safe significant areas of land slip in Nambucca Heads which are threatening a number of properties as well as road access.  We have significant risk exposure there as well.

 

The elected Council will have to balance all of this in considering funding for the drain clearing.

 

Regards

 

Michael Coulter

General Manager

Nambucca Shire Council

PO Box 177 Macksville NSW 2447

Ph:(02)65680200 Mob:0409153788 Fax:(02)65682201

michael.coulter@nambucca.nsw.gov.au

 

 

  _____  

 

From: Gary Soyka [mailto:gary.soyka@live.com]

Sent: Thursday, 16 June 2011 5:17 PM

To: council

Subject: Attention Mr Michael Coulter - General Manager

 

 

 

Re Budget Submission Concerning Drainage and Sewer Problems at 1 East Street Macksville.

 

 

 

Thank you for your letter dated 9 June. I was away for a few days and received it yesterday. A lot has happened since you wrote your letter, my thoughts are with you and your residents at this difficult time.

 

 

 

In view of the date of your forthcoming meeting I thought I should respond via email.

 

 

 

I make the point that whatever Council did to the creek adjacent to my house would not stop the flood waters that occurred on Tuesday and Wednesday. That is beyond everyone?s control. 

 

 

 

The issue I need addressed is that the sewerage system and the creek adjacent to my property is unable to cope with even moderate rainfall. On Monday (well before the flood) I received advice that my house had again been flooded by the creek overflowing ( I suspect that raw sewerage also entered the property). My tenant has experienced this on at least 4 separate occasions in the last two years.  On Monday (before the flood) they gave advice to my Real Estate agent that they will be leaving the property solely because of this problem.  As stated previously I reserve my rights to take legal action for damage and financial loss caused by Council?s lack of action. Council have been aware of the problem for years and have taken no action.   

 

 

 

Thank you for your advice that my submission will be reported to Council?s special meeting. I will be unable to attend as I currently live 500km away.  I hope that my email of the 31st May is read in full. I also hope that the video footage I sent separately on the 27th May is shown to those present. I attach another link for your convenience. http://www.youtube.com/user/1eastst?feature=mhsn#p/u

 

Please confirm by email what will be said and shown to the meeting.

 

 

 

You asked for suggestions to fix the drainage issue, I am somewhat bewildered by this request.  I am an insurance consultant not an engineer. You employ engineers and utilise the services of external engineers and consultants, they should be the ones that come up with solutions. Indeed I believe they have come up with a solution to fix or at least alleviate the problem, please see below. 

 

 

 

My amateur suggestion as stated previously is simply to clean out the creek, using a back hoe where access is available and a shovel and a wheelbarrow where it can?t. The cost would be minimal.

 

 

 

Perhaps part of the solution is found in your letter of the 9th June. You refer to the creek as a ?major watercourse?. It needs to be a ?major watercourse? to deal with the large amounts of water runoff entering it. The problem is that is a ?minor watercourse? that is overgrown, silted up and full of tree roots and rubbish. It is clearly not capable of draining the large area of Macksville and its new developments. How much (extra) water flows into that creek from the Woolworths roof and car park, let alone other developments? What has Council done to improve the drainage since approving these developments? Indeed when was the last time any maintenance was carried out on the creek and its surrounds to improve its ability to drain water?  It needs to be made into a ?major watercourse? and maintained as such.

 

 

 

In conversation with your Manager Civil Works, Noel Chapman, he advised that he had applied for funding to ?clean up the creek?. He had asked for $100k for stage 1 but this was deleted from the budget. He then asked for $50k to deal with the lower area of the creek near 1 East Street but he thought this was also likely to be rejected in the budget process.  He told me that ?to do the job properly, the cost would be $1m and it would be a long staged project, involving dredging and securing the banks.? This sounds to me like Council knows exactly what is required to fix the problem including the cost.  

 

 

 

Council has knowledge of a problem,  Council know how to fix (or alleviate) the problem, Council know the consequences of their lack of action but currently are not acting.  As I am sure your legal advisors will tell you, in these circumstances Council has a very weak defence against any litigation or the imposition of fines.

 

 

 

I again implore the Council to abide by its Vision and spend the money to fix the issues I have identified.

 

 

 

I look forward to hearing a positive outcome.

 

 

Regards,

 

 

 

 

Gary Soyka

 

Insurance Consultant

 

65 Wills Road Cronulla, 2230

 

9544  1563

 

0416 154 900

 

HYPERLINK "mailto:gary.soyka@live.com"gary.soyka@live.com

 

 

 

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Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 



Special Meeting of? Council - 30 June 2011

2011/2012 Budget & Management Plan and Forward Financial Plans

 

From:Peter Baynes[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=PETERB]

To:Michael Coulter[SMTP:Michael.Coulter@nambucca.nsw.gov.au]

To:Paul Gallagher[SMTP:Paul.Gallagher@nambucca.nsw.gov.au]

Cc:Noel Chapman[SMTP:Noel.Chapman@nambucca.nsw.gov.au]

Received-Date:20110621

Received-Time:2:05:39 AM

Sent-Date:20110621

Sent-Time:2:05:39 AM

Subject:Urban Streets Rehabilitation Budget

 

Michael,

 

 

 

Our draft budget includes a number of street rehabilitation jobs In Nambucca Heads which are to be funded by Roads to Recovery funding.  These are shown on page 36 of the draft budget.

 

 

 

The proposed works are based on an existing program which was prepared some time ago.  Reviews of street conditions in Nambucca Heads have highlighted recent marked deterioration in some areas.  Based on these changed conditions I propose a change to the works planned as follows:

 

 

 

Delete

 

 

 

Fred Brain Avenue carpark:  $68,000  (This work has received grant and s94 funding and is scheduled for completion by EOFY)

 

 

 

Defer

 

 

 

Loftus Lane:  $28,400

West Street:  $30, 800

 

 

 

This leaves $127,200 to be allocated to other works.  On this basis I propose to include the following:

 

 

 

Include

 

 

 

Palmer St, from Mann St intersection to the new works at Mahogany Rd intersection:  $67,800

Palmer St, from the new works at Mahogany Rd intersection to the new works at the Rosedale St intersection:  $59,400

 

 

 

This will complete the rehabilitation of Palmer Street which is a main arterial link in Nambucca Heads.

 

 

 

Once these changes are confirmed I will advise Faye for addition to the R2R website.

 

 

 

Regards,

 

 

 

Peter Baynes

 

Manager Assets

 

Nambucca Shire Council

 

PO Box 177 Macksville NSW 2447

 

Ph: (02) 6568 0253 Fax: (02) 6568 2201

 

Mob: 0427 202 476

 

HYPERLINK "blocked::mailto:peter.baynes@nambucca.nsw.gov.au"peter.baynes@nambucca.nsw.gov.au

 

 


Special Meeting of? Council????????????????????????????????????????????????????????????????????????????????????????????????? 30 June 2011

General Manager's Report

ITEM 8.2????? SF1555??????????? 300611???????? Review of Organisation Structure

 

AUTHOR/ENQUIRIES:???? Joanne Hudson, Manager Human Resources; Michael Coulter, General Manager ????????

 

Summary:

 

This report puts forward suggested changes to Council?s organisation structure (copy attached).

 

 

Recommendation:

 

That Council adopt the revised organisation structure.

 

 

OPTIONS:

 

Council is able to determine its organisation structure as it sees fit.

 

 

DISCUSSION:

 

At its meeting on 16 December 2010, Council resolved as follows (copy attached):

 

?????? That the changes to the organisation structure as recommended in the comments by the General Manager be considered for funding in the 2011/2012 budget including the consideration of different options for an additional mowing tractor over the growing season.

 

?????? That the position of Water Attendant and Trainee Water Attendant be recruited immediately and be the subject of a quarterly budget variation.

 

?????? The Clarence Regional Library be advised that Council foreshadows reducing the increase in per capita contributions in new agreement due at the end of 2011.

 

The changes to the organisation structure recommended by the General Manager in his report and the actions either undertaken or now proposed are as follows:

 

Change to the Organisation Structure

Action

Replace casual (seasonal) Parks Labourer with a Horticulture Trainee position

With the possible redundancy of the Site Leader Parks and Reserves (refer below), there may be no supervision/mentoring available for a trainee.? Accordingly it is not proposed to proceed with a trainee position at this stage.

New position of Trainee Water Attendant

Position filled

New position of Water Attendant

Position filled

Additional funding for casual (seasonal) Parks Labourer

Was unable to be funded in the budget for 2011/2012 but the expression of interest in voluntary redundancy from the Site Leader Parks and Reserves provides an opportunity to recruit 2 casual (seasonal) Parks Labourers.

New positions of Traffic Controller/Labourer x 2

The proposal was to replace expenditure on contractors and as a consequence was to have nil impact on the budget.? It is now proposed there be on-going review of grading and other outdoor operations in 2011/2012 and that a decision on incorporating these positions in the organisation be deferred until the completion of that review.? If opportunities are identified to change operations which make existing positions redundant then the traffic control positions may provide an opportunity to avoid forced redundancies.

New (reinstate) position of Director Corporate Services

Council?s budget situation in 2011/2012 is such that this position cannot be funded.? Indeed without major organisation change or unexpected revenue it is difficult to see it ever being funded.


 

Extend IT Support Officer fixed term to 31 December 2011 on the basis that the replacement of the Manager Information Technology be deferred until late 2011

This is provided for in the draft budget for 2011/2012.

Change part time Grants Officer position from fixed term to permanent

Council cannot continue to employ the Grants Officer on a fixed term arrangement.? The position has been pivotal to attracting and acquitting grants.? Whilst grant opportunities fluctuate depending upon the fiscal circumstances of State and Federal Governments as well as their policy direction in relation to local government, the quantum of funds which can become available at short notice means that Council should make the position permanent.

Library

Investigations are still underway in relation to the cost/benefit of leaving the Clarence Regional Library.

 

As a consequence of other developments since the report in December 2010 a number of other changes to the organisation structure are now recommended.? These changes are as follows:

 

Change to the Organisation Structure

Discussion

Delete Aboriginal School Based Trainee positions in Corporate Services and Works Section

Positions are currently vacant and unfunded. There have been difficulties in attracting candidates for school-based traineeships in the past and Council does not have the staffing resources necessary? to provide adequate supervision and mentoring.

Delete Contributions Planner position

Incumbent has resigned effective 28 June 2011.? It is proposed that responsibility for Section 94 contribution planning be shared between Council?s Accountant, General Manager and Grants Officer with assistance being provided by Council?s Strategic Planner.? This arrangement is not ideal but given Council?s financial circumstances and the depressed property market? there is no feasible alternative.

Delete Youth Project Officer (Fixed Term)

Project complete

Delete Community Safety Project Officer (Fixed Term)

Project complete

Delete Site Leader Parks and Reserves position

Proposed that Council employ additional casual labour over growing season subject to the incumbent accepting Council?s offer of voluntary redundancy.? Council has received an expression of interest in voluntary redundancy from the Site Leader.? The expression of interest provides the opportunity to shift staff resources from a full time position to two casual labourers who would be employed during the summer growing season.? This is considered to be a preferable use of resources.

Delete a labouring position (already removed from the organisation structure)

Council?s offer of voluntary redundancy has been accepted for a labouring position which had previously been removed from the structure as the incumbent was unfit to carry out the duties of the position.

 

Following the recent flood event, management will be recommending to Council the retention of its third grader for at least one year, during which time there will be a review of its operations and outdoor operations generally.? As a consequence it is not proposed to make a redundancy offer in response to an expression of interest in redundancy from one of the grader drivers.

 

During the review period it is proposed that grading staff work additional overtime during ideal grading conditions, including finishing on the job and working rostered-days-off? It is also proposed to undertake and signpost several sections of high quality unsealed road maintenance where a proper gravel pavement will graded, watered and rolled with a hired pneumatic roller.? This will enable a determination to be made as to the cost benefit of a different style of maintenance which may provide a longer duration between grades and potentially avoid the need for a third grader.

 

In summary the recent program of voluntary redundancies has resulted in two offers of voluntary redundancy being made.? At the date of preparing this report one offer had been accepted.

 

 


CONSULTATION:

 

Councillors

Staff

Consultative Committee ? Recommendations from the Committee meeting on 23 June 2011 are as follows:

 

?? That Council adopt the revised structure.

 

?? That the deletion of the Section 94 Planner position be noted and that future arrangements for preparation of section 94 contribution plans be subject to further consultation with affected staff.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The staffing structure is a crucial element in Council?s resourcing strategy to deliver the desired level of service to our community.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The changes identified which have implications for the 2011/12 Draft Budget are identified in the budget report to Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds as the changes will be incorporated in the budget for 2011/2012.

 

Attachments:

1View

16110/2010 - Organisation Structure adopted 17 June 2010

 

2View

16103/2011 - Organisation structure proposed 30 June 2011

 

??


Special Meeting of? Council - 30 June 2011

Review of Organisation Structure

 

 

Corporate Services

 

Organization Chart
 


 


Environment and Planning

 

Organization Chart
 


Engineering Services

 

 

Organization Chart
 


Engineering Services - Works Section

 

Organization Chart
 


Engineering Services ? Parks and Reserves Section

 

 

 

Organization Chart
 

 


Engineering Services - Water and Sewerage Section

 

Organization Chart
 


Engineering Services - Waste Section

 

 

 

Organization Chart

 


Special Meeting of? Council - 30 June 2011

Review of Organisation Structure

 

 

Corporate Services

 

Organization Chart
 


 


Environment and Planning

 

Organization Chart
 


Engineering Services

 

Organization Chart 


 


Engineering Services - Works Section

 

Organization Chart
 

 

 

 


 


Engineering Services ? Parks and Reserves Section

 

 

 

Organization Chart
 

 


Engineering Services - Water and Sewerage Section

 

Organization Chart
 


Engineering Services - Waste Section

 

 

 

Organization Chart

 

 


Special Meeting of? Council????????????????????????????????????????????????????????????????????????????????????????????????? 30 June 2011

General Manager's Report

ITEM 8.3????? SF1579??????????? 300611???????? Making of Rates and Charges 2011/2012

 

AUTHOR/ENQUIRIES:???? Jenita Ferguson, Rates Officer ????????

 

Summary:

 

The Independent Pricing and Regulatory Tribunal (IPART) confirmed rate peg of 2.8% under Section 506 of The Local Government Act 1993 for 2011/2012 financial year.

 

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

 

 

 

Recommendation:

 

1????????? That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the annual standing charge for water supply services to all properties connected or able to be connected to Council?s water supply in accordance with Section 552(1) of the Local Government Act 1993 for 2011/2012 is made at eighty eight dollars ($88.00) per assessment, for a 20mm or 25mm connection, three hundred and fifty two dollars ($352.00) for a 40mm connection, five hundred and fifty dollars ($550.00) per assessment for a 50mm connection, one thousand four hundred and eight dollars ($1,408.00) for a 80mm connection and two thousand two hundred dollars ($2,200.00) for a 100mm connection,? with a consumption charge of one dollar and ninety three cents ($1.93) per kilolitre to apply to all water consumption and such charges to have a short title of ?Water Charge?.

 

2????????? That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Local Government Act 1993 for 2011/2012 is made at four hundred and fifty two dollars ($452.00)? per assessment for single residential connections, one hundred and eighty two dollars ($182.00)? per assessment for 20mm non residential connection, seven hundred and twenty eight dollars ($728.00) per assessment for 40mm non residential connection, one thousand one hundred and thirty seven dollars and fifty cents ($1,137.50) per assessment for 50mm non residential connection, two thousand nine hundred and twelve dollars ($2,912.00) per assessment for 80mm non residential connection, four thousand five hundred and fifty dollars ($4,550.00) per assessment for 100mm non residential connection and one hundred and eighty two dollars ($182.00) for vacant land/non connection with a sewer usage charge of three dollars and twenty three cents ($3.23) per kilolitre to be calculated on the estimated volume discharged? from all properties excluding single residential connections using the total water consumption based on Land and Water Conservation's formula and Department of Energy, Utilities and Sustainability's best practice pricing guidelines and such charge to have a short title of "Sewerage Charge".

 

3????????? That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the waste management tip provision charge for 2011/2012 is made at one hundred and ten dollars ($110.00) per assessment for properties which do not receive a domestic waste or other waste service; such charge to have the short title of ?Waste Management Tip Provision?.


 

4????????? That in accordance with Section 496 of the Local Government Act 1993, the annual charge for 2011/2012 for domestic waste service on all occupied rateable land in the Shire, categorised Residential or Farmland under Section 515 or 516 of the Local Government Act 1993 to which a domestic waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of ?Domestic Waste Management? ?? Occupied?, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where ?A? equals the annual charge, ?B? equals the number of separate occupancies and $438.00 is the unit price.

 

5????????? That it be confirmed that in accordance with Section 496 of the Local Government Act 1993 the annual charge for 2011/2012 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development lots along rural roads contiguous to developed estates, all ribbon development lots along rural roads immediately opposite to developed estates, and categorized RESIDENTIAL ? VILLAGE/ESTATES, where the domestic waste collection service is available, is made at one hundred and ten dollars ($110.00) per assessment, such charge to have short title of ?Domestic Waste Management ? Vacant?.

 

6????????? That it be confirmed that in accordance with Section 501 of the Local Government Act, 1993 the annual charge for 2011/2012 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Local Government Act 1993) to which a waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of ?Waste Management? ?? Occupied?, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where ?A? equals the annual charge, ?B? equals the number of separate occupancies and $438.00 is the unit price.

 

7????????? That it be confirmed that in accordance with Section 502 of the Local Government Act 1993 the waste service charge for 2011/2012 for actual use of accessing weekly waste service by non rateable properties is made at eight dollars and sixty nine cents ($8.69) per week per service per separate occupancy per land parcel/assessment, such charge to have the short title ?Waste Management? ?? Non Rateable?, and the amount of the charge will be the amount derived by applying the formula A = B x C X $8.69, where ?A? equals the charge, ?B? equals the number of separate occupied sites, "C" equals the number of weekly services and $8.69 is the unit price per service per week.

 

8????????? That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual charge for waste for 2011/2012 on all vacant rateable land in the Shire, categorised business (under Section 518 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and ten dollars ($110.00) per assessment, such charge to have a short title of ?Waste Management? ?? Vacant?.


 

9????????? That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2011/2012 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Management?Residential Charge".

 

 

10???????? That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2011/2012 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Management?Residential Strata Charge".

 

11???????? That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2011/2012 for stormwater management services on all rateable privately owned developed urban business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Management Business Charge".

 

12???????? That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2011/2012 for stormwater management services on all rateable privately owned developed urban business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres divisible on a pro rata basis between the strata lots, such charge to have a short title "Stormwater Management-Business Strata Charge".

 

13???????? That a rate of zero point three three four two three nine cents in the dollar (0.34239?) on the land value of all rateable land in the rating category of ?Farmland?, be now made for the year 2011/2012, subject to base amount of four hundred and seventy three dollars and ninety cents ($473.90) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point seven five (29.39) per cent of the total amount payable by the levying of this ordinary rate for this category so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act, such rate to apply to all properties categorised as ?Farmland?, pursuant to Section 515 of the Local Government Act 1993 as amended, such rate to have a separate short title of ?Farmland? in accordance with Section 543 of the Act.

 

14???????? That a rate of zero point four zero nine eight seven five cents in the dollar (0.409875?) on the land value of all rateable land in the rating category ?Residential? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all properties categorised as ?Residential?, pursuant to Section 516 of the Local Government Act 1993 as amended, excluding all properties in the sub categories ?Residential-Town? and ?Residential-Village/Estates?, such rate to have a separate short title of ?Residential-Rural? in accordance with Section 543 of the Act.


 

15???????? That a rate of zero point four zero nine eight seven five cents in the dollar (0.409875?) on the land value of all rateable land in the rating category ?Residential?, sub category ?Town? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35)per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, and land not otherwise categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of ?Residential-Town?, in accordance with Section 543 of the Act.

 

16???????? That a rate of zero point four zero nine eight seven five cents in the dollar (0.409875?) on the land value of all rateable land in the rating category ?Residential?, sub-category ?Village/Estates? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm ? Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title ?Residential ? Village/Estates?, in accordance with Section 543 of the Act.

 

17???????? That a rate of zero point five seven two six five eight cents in the dollar (0.572658?) on the land value of all rateable land in the rating category ?Business? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all properties? categorised as ?Business?, pursuant to Section 518 of the Local Government Act 1993 as amended, excluding all properties in the sub categories ?Business-Manufactured Home Community?, ?Business-Caravan Park?, ?Business-Commercial? and ?Business-Industrial?, such rate to have a separate short title of ?Business? in accordance with Section 543 of the Act.

 

18???????? That a rate of zero point five seven two seven six eight cents in the dollar (0.572768?) on the land value of all rateable land in the rating category ?Business?, sub category ?Manufactured Home Community?, be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all rateable properties being Assessment Number 2495/03270.4 known as ?Faringdon Village? and Assessment Number 2836/52700.8 known as ?Newville Cottage Park?, such rate to have a short title of ?Business-Manufactured Home Community? (Man Home Comm) in accordance with Section 543 of the Act.

 

19???????? That a rate of zero point nine eight five eight five four cents in the dollar (0.985854?) on the land value of all rateable land in the rating category ?Business?, sub category ?Caravan Park?, be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to the rateable properties being Assessment Numbers:


 

11145606

Nambucca River Tourist Caravan Park

11145850

Pelican Caravan Park

11167666

Headland Caravan Park

11168808

Foreshore Caravan Park

11177360

Nambucca Beach Holiday Park

11180729

Aukaka Caravan Park

11209141

White Albatross Holiday Centre

11188379

Valla Park Resort

 

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

 

20???????? That a rate of zero point nine two two five one eight cents in the dollar (0.922518?) on the land value of all rateable land in the rating category ?Business?, sub category ?CBD? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all rateable properties categorised as ?Business?, sub category ?CBD? in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, Scotts Head and such rate to have a separate short title of ?Business-CBD? in accordance with Section 543 of the Act.

 

21???????? That a rate of zero point five seven two five nine two cents (0.572592?) in the dollar on the land value of all rateable land in the rating category ?Business?, sub category ?Industrial Estate? be now made for the year 2011/2012, subject to a minimum rate of six hundred and ninety dollars and thirty five cents ($690.35) per assessment, such rate to apply to all rateable properties categorised as ?Business?, sub category ?Industrial Estate? in the towns of Nambucca Heads, Macksville, and such rate to have a separate short title of ?Business-Industrial Estate? in accordance with Section 543 of the Act.

 

22??????? That a special rate of zero point zero one one four zero nine cents (0.011409?) in the dollar on the land value of all rateable land in Council?s area (Section 538) be now made for the year 2011/2012, subject to a base amount of eighteen dollars and five cents ($18.05) per assessment (Section 499) so that the levying of the base amount will produce forty nine point nine nine (49.99) per cent of the total amount payable by the levying of the special rate so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act.? Such special rate to have a separate short title of ?Environmental? in accordance with Section 543 of the Act.

 

23??????? That a rate of eighty two dollars ($82.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be made for the year 2011/2012.

 

24??????? That a rate of eighty two dollars ($82.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now be made for the year 2011/2012.

 

25??????? That a rate of one hundred and thirty seven dollars ($137.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade Waste with one dollar and fifty six cents ($1.56) for the Usage Charge per kilolitre be now made for the 2011/2012.

 

26??????? That a rate of one hundred and thirty seven dollars ($137.00) be the annual fee for Category 3 (High Risk) Sewer Trade Waste with a one dollar per kilogram for Excess Mass Charge now be made for the year 2011/2012.

 

27??????? That a rate of eighty two dollars ($82.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste now be made for the year 2011/2012.

 

28??????? That a rate of eighty two dollars ($82.00) be the annual fee for Category 4 Caravan Dump Effluent Disposal with a charge of one hundred and twenty one dollars ($121.00) for Disposal at Treatment Works with a maximum of 2,500L Disposals over 2,500L will have an additional charge of forty four dollars ($44.00) per 1000L.

 

 

 

OPTIONS:

 

Council may resolve to adopt the Rates and Charges without applying the 2.8% rate peg or to adopt the Rates and Charges with a percentage between 0 and 2.8%.

 

 

DISCUSSION:

 

IPART has approved an overall increase in general income of 2.8%.?

 

Council's minimum rate has also been increased to $690.35.?

 

 

CONSULTATION:

 

General Manager

Manager Financial Services

Rates Officer

Department of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental impact.

 


Social

 

This report has no social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

There are no additional financial implications to the adopted budget.

 

 

 

Attachments:

There are no attachments for this report. ??


Special Meeting of? Council????????????????????????????????????????????????????????????????????????????????????????????????? 30 June 2011

Director of Engineering Services Report

ITEM 9.1????? DA2007/007????? 300611???????? DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner ????????

 

Summary:

 

This report is presented to Council as the modification to consent for DA 2007/007/01 for multiunit housing requires changes to the existing road and kerb alignment at 7 Bemago Street Nambucca Heads to which Council received a delegation at its Ordinary meeting held in Bowraville on 5 May 2011.

 

The driveway access into the garage of unit 4 facing Bemago Street is not possible at present due to grades from an erroneous survey by the original applicant. The modification proposes a minor road realignment and stormwater works to Bemago Street so that access may be achieved to the garage for unit 4 albeit with some constraint.

 

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

 

 

Recommendation:

 

That Council approve the proposed modification to DA 2007/007/01 to allow the realignment of the kerb and gutter and road subject to the following additional conditions of consent being incorporated into the existing approval as outlined at the end of this report.

 

 

OPTIONS:

 

That Council refuse the proposed modification and not allow the applicant to realign Bemago Street. It is noted that the vehicles associated with the residences will not be able to access the garages and it is likely that vehicles may be parked on the street.

 

 

DISCUSSION:

 

This application was reported firstly to the General Purpose Committee meeting on 15 June 2011 which was deferred to 22 June 2011.? However, there was no a quorum for the meeting on 22 June.? Understandably the applicant is now keen for the matter to be determined without further delay.? The Mayor and Cr Court as well as Council staff and the applicant were in attendance at a site inspection on 22 June.? Notwithstanding that a GPC inspection has not been undertaken in the circumstances that there has been and inspection and that Council staff and the applicant are in agreement as to the design plans.? It is recommended that Council now determine this modification.

 

DA 2007/007 for 4 multi unit dwellings on 7 Bemago Street Nambucca Heads was approved on the 24th January 2007. The Construction Certificate was issued on the 27 March 2007 the first inspection was completed in November 2007.

 

On the 19 February 2010 Council?s Senior Building Surveyor, in receipt of advice from Council?s Design Engineer advised the developer that there appears to be an anomaly with the driveway profile to unit 4 garage which may not meet the requirements of AS/NZS 2890.1:2004, due to the small distance between the garage and the road the developer was requested to review their levels and demonstrate how the appropriate grades would be achieved. See the figure below of the area in question.

 

The originally submitted and approved plans showed incorrect survey levels resulting in incorrect grades being calculated for the driveways.

 

On 14 April 2011, Council received an application to modify consent on DA 2007/007/01 specifically in relation to the driveway to unit 4. The modification report is attached to this report Attachment 1.

 

The modification proposed a number of options to address the issue. The following is the preferred option to address the issue:

 

 

Plans to address the issue have been submitted with the modification and provided as Attachment 2. Further advice was later requested to address stormwater management in front of Unit 3 and 4.

 

Public Consultation

 

Pursuant to Council DCP 2010 the proposed modified consent was advertised and notified to adjoining landholders and the LALC. One (1) submission was received during the exhibition period, the submission raised concerns regarding road safety including recommendations regarding the marking of road centrelines and the provision of speed humps. Refer to attachment 3.

 

Amended plans were requested by Council?s Manager of Technical Services to address a number of matters including detail of the safety measures to be provided. Amended plans have now been provided which show double barrier line marking (lane separation) 25m either side and through the proposed treatment. A barrier line is also required on the down stream approach to the layback to guide vehicles around the corner.

 

The applicant has not be requested to provided speed humps on the road, nevertheless the line marking proposed is considered to adequately address the safety issues raised.

 

 

CONSULTATION:

 

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal is for a modification to the development application, it is not expected to create any detrimental environmental impacts on or adjacent to the site.

 

Social

 

The application requires the realignment of the public road, appropriate conditions are proposed to ensure that changes to the road are undertaken in an appropriate and safe manner. Conditions will ensure the engineering works are undertaken in accordance with relevant standards.

 

Economic

 

All works are to be at full cost of the developer.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

 

PROPOSED ADDITIONAL CONDITIONS OF CONSENT

 

Development is to be in accordance with approved plans

 

1????????? The development shall be carried out generally in accordance with the application and the documents lodged with Council on 30/6/06, and 14/12/06 and plan Nos DA002A through DA007F inclusive, the stamped plans and consent issued on 24 January 2007. Modified by the documents lodged with Council on 11/4/11 and plan Nos 06076 C-01 B (1/06/11), 06076 C-02 B (16/05/11)and 06076 C-03 A (18/06/10) and, and set out in the following table except where modified by any conditions of consent.


 

Plan no./Supporting Document Version

Version

Prepared By

Dated

Driveway Design 7 Bemago Street Nambucca Heads

C-01 B

De Groot & Benson

1/06/2011

Driveway Design 7 Bemago Street Nambucca Heads

C-02 B

De Groot & Benson

16/05/2011

Entry Road Cross Section

C-03 A

De Groot & Benson

18/06/2010

 

 

Development costs

 

1a??????? All works associated with the kerb, gutter, stormwater drainage, road realignment, traffic management and any service location or relocation as required and approved by this modified consent are to be at the cost of the Developer.

 

 

Consent required for works within the road reserve

 

12??????? A separate application and consent under The Roads Act 1993 is required for the modified road works taking place within the Public Road Reserve (this includes construction involving machinery working on the development from an adjacent Public Road Reserve). This consent is to be obtained prior to any work taking place in the road reserve and prior to the issue of the Construction Certificate for these road works.

 

????????? An application form is to be completed and returned to Council along with the required inspection fees and a traffic control plan to indicate the measures to be employed to control traffic during construction of  the proposed kerb blister and associated works. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority?s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ?Traffic Control Devices for Works on Roads?. The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

????????? Construction works within the roadway must not unreasonably interfere with traffic and the amenity of the neighbourhood. In particular traffic interruption and construction noise, can only occur:

 

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

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

 

Driveway details required

 

12a??? The application for a Construction Certificate is to include a Certificate from a suitably qualified registered engineer due to the proposed driveway not complying with AS/NZS 2890.1:2004 or Council?s standard drawing.

 

Certificate to include:

 

1??????? Name of the person and company providing the certification.

2??????? Statement that the person is eligible for acceptance by Engineers Australia as a Professional Engineer at Member or Fellow grade.

3??????? Statement that they have the appropriate experience and competence for the work being certified.

4??????? Details providing the lot, deposited plan number and street address where the driveway is located.

5??????? A copy of any information that has been relied upon in determining the adequacy of the driveway.

6??????? The application for the proposed driveway is to include plans and specifications that indicate vehicular access from the centre of roadway to the proposed car space(s). Plans are to include the following items:

a??????? pavement description;

b??????? site conditions affecting the access;

c??????? existing and design levels;

d??????? a longitudinal section of the driveway depicting the grade line from centre of roadway to garage/carport level showing all transition zones and relevant grades.

7??????? Statement (upon completion of driveway) that ?The driveway, the subject of this certification, has been inspected by me and found to provide a grade line that is safe and environmentally sustainable within the intent of AS/NZS 2890.1:2004?.

8??????? A longitudinal section of the driveway, as constructed, depicting the grade line from centre of roadway to garage/carport floor level showing all transition zones and relevant gradients.

 

Certificates for Engineering Works

 

13a?????? The submission of a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council?s Adopted Engineering Standard.

 

Works-As-Executed Plans

 

19a?????? Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted prior to the issue of an Occupation Certificate.

 

Maintenance Bond

 

19b?????? A maintenance bond of 10 % of the value of the works constructed or $10,000 (whichever the greater) is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance/Occupation Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period. 

 

Damage to Council?s Infrastructure

 

19c?????? Where any damage occurs to Council?s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the Occupation Certificate is issued.

 

Section 88E Conveyancing Act requirements

 

19d??? A Positive Covenant pursuant to Section 88E of the Conveyancing Act 1919 is to be registered on the title of the subject land, prior to the issue of an Occupation Certificate, the terms of which are as follows:

Prospective Lessees of Units 3 & 4 are to be advised that the driveway is partially noncompliant with AS/NZS 2890.1:2004, which may cause vehicle scraping for some vehicles and localised stormwater infiltration of the garages may occur during heavy rain periods due to overtopping of the partially noncompliant driveway

 

 


Public safety requirements 

 

25????? All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not held responsible for any negligence caused by the undertaking of the works.

 

Attachments:

1View

15204/2011 - DA 2007-007 Variation request

 

2View

15205/2011 - DA 2007-007 Driveway

 

3View

15207/2011 - Amended Drawings DA 2007/007

 

4View

10535/2011 - Submission in relation to DA 2007/007 - E Gurd

 

5View

11579/2011 - Submission in relation to DA 2007/007/02 - E Gurd

 

6View

11742/2011 - Submission in relation to DA 2007/007 - E Gurd

 

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Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 




Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

















Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 




Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 



Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 


Special Meeting of? Council - 30 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

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