NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 01 December 2011

 

LATE AGENDA††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

1††††††† ASKING OF QUESTIONS WITH NOTICE

 

††††††††† Cr Flack: The World Rally event was run in the Shire almost 3 months ago.† Along with nine months †††††† of our (part time) staff resources, Council spent approximately $9000 including $1000 contribution to †† the event evaluation of the entire coffs Coast Event.† When can Council expect to receive the ††††† promised report and debriefing on the community survey results and cost/benefit evaluation?

 

††††††††† Response from Manager Business Development:† I have been following up the survey undertaken by Southern Cross University on a regular basis.† It seems that there was a delay as some councils had not paid their financial contribution for the survey and until they did the University would not release the information.† I am now advised that all councils have paid up and the report should be sent to Council no later than next week.† Once the report is received it will be reported to the following Council meeting.

 

††††††††† I have been verbally advised that the vast majority of survey participants indicated the social benefits of the event.† Economically, most respondents found the event to have no significant impact on their businesses.† However, there was a net economic benefit for Nambucca Shire which will be documented in the final report.† Also, several respondents mentioned the long term benefits that may be derived from the positive exposure of the region to other markets.

 

††††††††† I have also been able to secure a $4,000 contribution from Rally Australia to pay for road repairs, particularly at the start location of the stages

5††††††† Notices of Motion

5.2†††† Notice of Motion - Input Into The Mid North Coast Local Health District Renal Services Plan (SF988)

5.3†††† Notice of Motion - Macksville Traffic Bridge (SF262)

9††††††† General Manager Report

9.15†† Financial Statements - 30 JUNE 2011

9.16†† Organisation Review Report

9.17†† General Manager's Performance Review

9.18†† Federal Election Commitment Funding - Radio Nambucca Relocation

9.19†† Outcome of Land and Environment Court Appeal - Trustees of the Roman Catholic Church for the Diocese of Lismore -v- Nambucca Shire Council & Northern Region Joint Regional Planning Panel

11††††† Director Engineering Services Report

11.9†† Minutes of the Vehicular Access to Beaches Committee - 11 November 2011

 

 



Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

Notice of Motion

ITEM 5 .2†††† SF1595††††††††††† 011211†††††††† Notice of Motion - Input Into The Mid North Coast Local Health District Renal Services Plan (SF988)

 

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

 

Summary:

 

For many years there have been calls for the introduction of a renal dialysis unit at Macksville District Hospital to cater for clients who currently have to travel to Coffs Harbour or Kempsey for treatment. The Mid North Coast Local Health District (MNCLHD) will commence consultation in early 2012 for the next MNCLHD Renal Services Plan and it is important that the needs of the Nambucca Shire community are conveyed and considered.

 

 

Recommendation:

 

That Council write to the NSW Health Minister and the Chief Executive of the Mid North Coast Local Health District (MNCLHD) advising that it wishes to be contacted and included in the community consultation process when the new MNCLHD Renal Services Plan is being formulated.

 

 

 

DISCUSSION:

 

For many years there have been calls for the introduction of a renal dialysis unit at Macksville District Hospital to cater for clients who currently have to travel to Coffs Harbour or Kempsey for treatment. The Mid North Coast Local Health District (MNCLHD) will commence consultation in early 2012 for the next MNCLHD Renal Services Plan and it is important that the needs of the Nambucca Shire community are conveyed and considered.

 

On Monday 12 September a public meeting was held at the Nambucca Heads Leagues Club to discuss the need for a renal dialysis unit at Macksville Hospital. The meeting was attended by approximately sixty people and the following general points were raised and discussed:

 

∑††††††††††††† The costs involved in attending dialysis such as time and fuel both for patients who rely on community transport and those that rely on family members and friends;

 

∑††††††††††††† the risks associated with travelling on the Pacific Highway in challenging weather conditions, night driving and holiday traffic;

 

∑††††††††††††† the frustration of finding parking close to the dialysis unit

 

∑††††††††††††† the cost of meals for drivers and carers,

 

∑††††††††††††† the stress on both patients and carers who are often aged or have health issues of their own; and

 

∑††††††††††††† the growing aged population of our community and the inevitable increased need for dialysis.

 

The attached minutes of the meeting address these issues in more detail.

 

 

Attachments:

1View

33331/2011 - Minutes of public meeting 12 September 2011 - Renal Dialysis at Macksville Hospital

 


Ordinary Council Meeting - 1 December 2011

Notice of Motion - Input Into The Mid North Coast Local Health District Renal Services Plan (SF988)

 



Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

Notice of Motion

ITEM 5.3††††† SF1595††††††††††† 011211†††††††† Notice of Motion - Macksville Traffic Bridge (SF262)

 

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

 

Summary:

 

The most recent truck accident on the approach to the Macksville Bridge again highlights the inadequacy of this bridge to cope with high traffic volumes, in particular large trucks. There have been two truck accidents in recent months, the first demolishing a public toilet block and the second almost resulting in a drowning. In recent weeks there has also been a lane closure while interim repairs were made to a bridge guard rail that was ripped away and left in a dangerous position.

 

 

 

Recommendation:

 

That Council write to the Roads and Marine Service (formerly RTA) and the Minister for Roads, drawing their attention to the increasing inadequacy of the Macksville Bridge and its approaches to cope with high traffic volumes, particularly large trucks and the need to make the Warrell Creek to Urunga Pacific Highway Upgrade the top priority for funding and completion.

 

 

 

 

DISCUSSION:

 

The most recent truck accident on the approach to the Macksville Bridge again highlights the inadequacy of this bridge to cope with high volumes of traffic, in particular large trucks. There have been two truck accidents in recent months, the first demolishing a public toilet block and the second almost resulting in a drowning. In recent weeks there has also been a lane closure while temporary repairs were made to a bridge guard rail that was ripped away and left in a dangerous position.

 

The northern approach to the Macksville Bridge is notorious for truck rollovers and it has been fortunate that the latest two accidents occurred during the night and early morning. Despite the 50 kph speed zone, both trucks missed the bridge approach and ploughed through Lions Park, the first was slowed by impact with the toilet block, and the second, as the toilet block had not been reconstructed, continued on and into the river. Reports are that if it werenít for the quick action of others, the injured driver may have drowned.

 

In daylight hours, Lions Park is a popular area visited by locals and visitors and its footpath serves as the pedestrian access for North Macksville residents to the town. The next truck that misses the approach might do so when the area is busy with tourists and pedestrians.

 

The bridge itself is far too narrow and traffic delays are caused on a regular basis when the ever increasing numbers of large or wide loads try to cross it. During the coming holiday season, the combined impacts of the Kempsey Bridge, the Frederickton road works, the Macksville Traffic Bridge and the reduced speed zones between Nambucca Heads and Urunga are likely to cause traffic chaos.

 

The regular truck accidents and traffic congestion on the Macksville Bridge and the horrific accident record of the entire section demand that the Warrell Creek to Urunga Pacific Highway upgrade be given the top priority for funding and completion.

 

Attachments:

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


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

General Manager's Report

ITEM 9.15††† SF1526††††††††††† 011211†††††††† Financial Statements - 30 JUNE 2011

 

AUTHOR/ENQUIRIES:†††† Faye Hawthorne, Accountant; Craig Doolan, Manager Financial Services ††††††††

 

Summary:

 

Pursuant to Section 418 and Section 419 of the Act, Council is required to present the audited Financial Statements and Auditorís Reports to the public.

 

The Financial Statements for the year ended 30 June 2011, have been completed and the audit reports required by the provisions of Section 417 of the Local Government Act 1993 have been received and copies are attached.

 

As a result of end of year processes consolidated Current Liquid Equity has decreased by $71,279. General activitiesí net CLE balance is $2,011,206, Water Supplies $1,438,825 and Sewerage Services $882,886.

 

The attached Audit Report under Section 417(2) and 417(3) provides an independent and comprehensive explanation of Councilís financial position and Mr Paul Cornall of Forsyths, has advised that he will attend the public meeting to report on the Statements.†

 

The financial statements indicate Councilís financial position remaining sound. The Income Statement, Balance Sheet, Statement of Changes in Equity and Statement of Cash Flows consolidate the information contained in the notes to the accounts and provide the big picture of Councilís operations and financial position and are attached for Councilís information. Copies of the Consolidated Financial Statements are available on Councilís website and hard copies can be provided upon request.†

 

Financial indicators regarding asset management are also discussed as part of this report.

 

Also attached is a copy of Councilís investments detailing external and internal restrictions for which the investments are held as at 30 June 2011.

 

 

 

Recommendation:

 

That the Financial Statements and the Auditorís Reports for the year ended the 30 June 2011 be received.

 

 

OPTIONS:

 

Presentation of the audited Financial Statements and Auditorís Reports is a requirement under the Local Government Act 1993.

 

 

DISCUSSION:

 

CURRENT LIQUID EQUITY.

 

Council at its meeting of the 20 October 2011, as part of the 30 June 2011 budget review, was provided with details of the current liquid equity position, operating results for 2010/11, and list of revotes for General Activities, Water Supplies and Sewerage Services.

 

As a result of the audit process consolidated current liquid equity decreased by $71,279.

 

General activities decreased by $105,306 with Water Supplies increasing by $42,245 and Sewerage Services decreasing by $8,218. These adjustments are a result of either/or transfers to/from restricted assets, movements between the current and non current classification within debtors and principal repayments of internal loans. It should also be noted that net re-votes has decreased by $385,500 to $1,009,300 as revenue was not shown as a transfer from the unspent loans reserve for the carry over of the Riverside Drive land slips and Wilson Road jobs.

 

The estimated positions in the June budget review were General Activities $3,709,752, Water Supplies $1,421,180 and Sewerage Services $929,104.

 

The final current liquid equity positions as at the 30 June 2011 (excluding revotes) are, General Activities $3,604,446, Water Supplies $1,463,425 and Sewerage Services $920,886 still reflecting a sound working funds position for each fund.

 

OPERATING RESULT

 

The Income Statement shows a consolidated operating surplus for the year of $2,881,000. Councilís operating result before capital grants and contributions is a deficit of $3,691,000. Variation to the previous yearís result predominantly relates to an increase in depreciation expenses due to the revaluation of infrastructure assets in 2009/10. A Ďleveling outí of investment revenue in relation to the volatility experienced in recent years was also experienced and the fair value adjustment of the interest free loan secured through the NSW Local Infrastructure Fund in 2009/10 were offset by increases in overall grants. The unwinding of the of the fair value adjustment to the interest free loan also had an impact on borrowing costs.

 

For Councilís category 1 business activities Water Supplies and Sewerage Service, the continuing operations result for the year after imputation of tax equivalents is a surplus of $1,354,000 and $2,546,000 respectively.

 

The operating results distinguish from the 30 June Budget Review figures as they do not include capital expenditure and include non cash items of depreciation, fair value adjustments and increase in employees leave entitlement liability. In addition, the results do not recognise the transfers to and from restricted assets, or items of revoted to 2011/12.

 

 

TOTAL EQUITY

 

Councilís Total Equity or Net Assets increased to $314,833,000 from the $295,399,000 held as at 30 June 2010. The Balance Sheet lists the items that make up this equity and the Statement of Changes in Equity shows the increase from 2009/10 to 2010/11.

 

 

DEBT SERVICE RATIO

 

The Debt Service Ratio highlights the amount of annual revenue necessary to service annual debt obligations (loan repayments).

 

The consolidated ratio as shown in the attached Note 13 of the Financial Statements is: 13.11%. An industry benchmark set by Local Government Managers Australia (LGMA) is between 10 - 15%.

 

The ratio for each of General Activities, Water Supplies and Sewerage Services is:

 

 

2010/2011

2009/2010

2008/2009

2007/2008

2006/2007

General

5.96%

4.96%

4.18%

4.12%

6.06%

Water

9.30%

6.99%

2.77%

0.40%

0.74%

Sewerage

47.08%

8.96%

17.22%

13.55%

12.49%

 

 

The ratios reflect a disparity of positions between the funds and the different borrowing situations of each.

 

It has previously been advised that Councilís intended borrowing program in relation to the Water Storage and Sewerage Augmentation projects would impact significantly on the ratios. Repayments relating to the 10 year $12.75m interest free loan secured for the Nambucca Sewerage Augmentation are the principal factor in the Sewerage ratio climbing to just under 50%.

 

 

ASSET RENEWAL EXPENDITURE

 

The asset renewal expenditure indicator reflects the extent to which council is maintaining the condition of its building and infrastructure assets.

 

The measure used is capital expenditure on existing assets over annual depreciation and is the capital renewal capacity of council i.e. the amount of funds spent on renewing building and infrastructure assets (as opposed to maintaining them).

 

The consolidated ratio as shown in Note 13 of the Financial Statements is: 83.57%. A 1:1 ratio is the ideal benchmark.

 

The ratio also needs to be taken into account with Special Schedule 7 which is attached. Special Schedule 7 summarises the condition of Councilís assets.

 

Although it appeared at the end of 2009/10 that council was beginning to meet its renewal commitments, revised depreciation figures due to the revaluation of infrastructure assets in 2009/10 has had the effect of reducing the General Fund ratio. Although the ratio has not reached the level experienced at the end of 2006/07, it however, highlights a potential asset sustainability predicament for Council in relation to†† servicing its infrastructure assets to avoid future failure if additional funding is not directed to asset renewal.

 

Councilís Manager Water & Sewerage is addressing the capitalisation methodologies associated with Water and Sewerage funds. This has seen increases in both associated ratios with Sewerageís substantial increase reflecting expenditure for replacement works of a number pump stations and an aeration tank at Macksville Treatment Works.†

 

 

2010/11

2009/10

2008/09

2007/08

2006/07

General

71%

97%

77%

82%

57%

Water

44%

25%

23%

18%

77%

Sewerage

216%

18%

2%

5%

18%

Consolidated

84%

76%

60%

61%

54%

 

 

 

 

 

 

 

 

 

RE Ė VOTES OF EXPENDITURE

 

This indicator is not a requirement for disclosure in the Financial Statements but is considered important for asset management to illustrate how well Council is planning and utilising its resources. Re-votes at year end are the commitments of expenditure that were not carried out during the budget year.

 

The ratio is intended to highlight the effectiveness of planning and the co-ordination of resources in terms of meeting project objectives in Councilís management plan.

 

The measure used to indicate this level is the percentage of expenditure re-votes to the total ordinary and capital expenditure of Council for the year. It should be noted that to prevent a distortion of the ratio expenditure relating to the Water Storage and Nambucca Augmentation projects have been excluded.

 

 

 

Total Expenditure Re-Votes

 

Year

Ordinary & Capital Expenditure

Ratio

 

 

 

 

2010/2011

$3,504,000

8.8%

 

$39,955,000

 

 

 

 

2009/2010

$3,660,100

9.4%

 

$38,912,000

 

 

 

 

2008/2009

$4,338,100

12.2%

 

$35,596,000

 

 

 

 

2007/2008

$3,645,900

12.1%

 

$30,203,000

 

 

 

 

2006/2007

$3,361,500

12.5%

 

$26,979,000

 

 

 

It is again pleasing to see the ratio continue to improve and is now down close to four percentage points from 2006/07. Director Engineering Services has introduced more systematic monitoring and reporting of capital expenditure and along with the continuation of the quarterly capital works report, should see this ratio meet the industry Ďrule of thumbí of 5% in the not too distant future.

 

As mentioned in past reports, having the capacity to spend on capital works is important for the long term sustainability of Council. It allows Council to plan for the future and to assist in maintaining assets at an acceptable level. The capacity to spend on capital works not only refers to the ability to allocate funds but also the ability to plan and allocate resources to ensure that works are completed satisfactorily and timely.

 

It should be considered however that due to the magnitude and diversity of Councilís expenditure, revotes cannot be totally avoided as factors such as weather will always impact on annual commitments.

 

 

CONSULTATION:

 

Local Government Act 1993

Local Government Code of Accounting Practice and Financial Reporting

Local Government Asset Accounting Manual

Accountant

Director Engineering Services

Manager Water & Sewerage

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

 

Not applicable

 

Risk

 

Not applicable

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Councilís financial position and performance are presented with this report and by Councilís Auditors and were also discussed as part of the 30 June Budget Review presented to Councilís Meeting 20 October 2011.

 

Source of fund and any variance to working funds

 

Councilís financial position and performance are presented with this report and by Councilís Auditors and were also discussed as part of the 30 June Budget Review presented to Councilís Meeting 20 October 2011.

 

 

 

Attachments:

1View

33304/2011 - Attachments (Trim 33304/2011)

 


Ordinary Council Meeting - 1 December 2011

Financial Statements - 30 JUNE 2011

 


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

General Manager's Report

ITEM 9.16††† SF1653††††††††††† 011211†††††††† Organisation Review Report

 

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

 

Summary:

 

The consultants, Local Government Management Solutions have undertaken an organisation review.

 

In summary they have found that structural change is likely to have only a minor impact on Councilís sustainability and performance, if other significant issues are not addressed.† These include:

 

∑††††† More effective, engaging and consultative leadership that provides strategic direction to the organisation and support to its staff.† This also includes consideration of the Councillor-staff relationship.

∑††††† Effective management to achieve a culture of accountability and encourage staff development.

∑††††† The impact of constant change on overall performance of staff.

∑††††† Focused executive attention on the following functions:

†††††††††††† - Human Resources to drive more effective talent management strategies

†††††††††††† - Finance to deliver on reporting requirements

†††††††††††† - Planning & Assessment to ensure complying legislative requirements can be delivered with †††††††††††† the current skill set and headcount; and††††††††

†††††††††††† - Governance, to enhance organisation performance and minimise risk.

 

 

Recommendation:

 

That the Organisation Review Report be received.

 

OPTIONS:

 

There are no real options.† The report is presented for information.

 

DISCUSSION:

 

At Councilís meeting on 30 June 2011 it was resolved that a review of the organisation structure, particularly at the management and director levels, be undertaken as soon as possible by an independent organisation.

 

The resolution occurred in the context of Councilís deliberations over the very difficult 2012/2013 budget where just maintaining existing service levels proved to be impossible, let alone reducing the growing backlog of ageing infrastructure.† Contributing factors 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.

 

Subsequently Local Government Management Solutions were engaged to undertake the review.† The brief set out the objective of the review being:

 

ďto identify a structure which enables Council to fulfil its core functions as well as deliver services in the most efficient wayĒ.

 

The consultants were asked to address the following matters in the review:

 

∑††††† Overall staffing levels across the organisation

∑††††† Span of control for managers and directors

∑††††† Allocation of responsibilities and removal of any duplication

∑††††† Adequacy of staffing levels to address governance functions

∑††††† Opportunities to increase efficiencies and make savings

∑††††† Restructuring options across the organisation with possible redundancies (forced or voluntary)

∑††††† Suitability of remuneration packages for management positions

∑††††† Increase in FBT liability arising from the packaged vehicles for management positions

 

The consultants were provided with an important parameter being:

 

ďno increase in recurrent salary costs to Council arising from the recommendations, acknowledging there may be one-off costs associated with redundanciesĒ.

 

This was a challenging brief for challenging times and the reportís findings are equally challenging.

 

The adverse findings in the report will be keenly felt by councillors, staff and myself.† It is important to note that those findings have been derived from information mainly provided by the same councillors and staff.

 

Notwithstanding the many adverse observations and findings in the report in relation to the performance of staff teams and the elected council and the many caveats about disclosure, a decision has been taken to table the report so that it is available to staff and the public generally.† A single paragraph has been redacted as it pertains to statements made by nominated staff in confidence to the interviewer.† The redacted version has been made available to staff and will be able to be viewed on Councilís website.

 

The reasons for tabling the report are twofold.

 

Firstly, if the whole Council is to act as a team to improve its performance it needs to consider and understand the observations and findings which have been made.† This would not occur if the report was suppressed.

 

Secondly, the residents of the Nambucca Valley who financially support the Council have a right to be informed of the Councilís performance.† In this respect the publication of this independent report is no different from the publication of the Promoting Better Practice Review report in 2008.

 

Whilst there is a natural inclination to dwell on the areas of identified poor performance, it should be understood that the Council is trying to achieve high levels of performance with very limited resources.† The fact that Council has opened itself to this form of independent review indicates the commitment to driving organisational efficiency and effectiveness.

 

Arising out of the observations and findings in the report, the consultants are now drafting recommendations for Councilís consideration.† These should be available for reporting to Council on 15 December 2011.

 

 

CONSULTATION:

 

There has been consultation with councillors and the consultants, Local Government Management Solutions.

 

There will be consultation with Councilís Consultative Committee and all Council staff.† There are likely to be disagreements in relation to some matters of fact which will be identified in this process.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no direct implications for the environment arising out of the report.† The consultant recommendations may have implications for the environment.

 


Social

 

There are no direct social implications arising out of the report.† The consultant recommendations may have social implications.

 

Economic

 

There are no direct economic implications.† The consultant recommendations may have economic implications.

 

Risk

 

An open, transparent and independent review of the organisation does have risks.† In the short term it is unlikely to improve the perceived low morale.† In fact further change and dislocation imposed on staff is likely to worsen morale.† There are also risks of industrial action.

 

The publication of the report poses a risk to Councilís reputation.† However there would be risks in withholding the report.† Equally there are risks in not responding to the reportís observations and findings.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project has been undertaken a cost of $15,000 plus GST plus expenses at cost.

 

Source of fund and any variance to working funds

 

The project was not included in the 2011/2012 budget so provision has to be made in a quarterly review for its cost.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

General Manager's Report

ITEM 9.17††† SF839††††††††††††† 011211†††††††† General Manager's Performance Review

 

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

 

Summary:

 

The General Manager presented his achievements to the full Council at its Special Meeting on Monday 28 November 2011 in order for Council to determine his performance.

 

The Council undertook an assessment of the General Managerís performance.

 

 

Recommendation:

 

That Council adopt the performance review for the General Manager that was conducted on Monday 28 November 2011.

 

 

 

DISCUSSION:

 

The General Managerís new standard contract of employment provides that the Council will ensure that the employeeís performance is reviewed least annually.† However, the Council has traditionally reviewed the General Managerís performance twice a year, in October and then in April and it is proposed to continue with this process.

 

Mr Mark Anderson from Local government Management Solutions was in attendance as facilitator for the General Managerís Performance Review.

 

The Council undertook an assessment of the General Managerís performance.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

General Manager's Report

ITEM 9.18††† SF1561††††††††††† 011211†††††††† Federal Election Commitment Funding - Radio Nambucca Relocation

 

AUTHOR/ENQUIRIES:†††† Colleen Henry, Grants Officer ††††††††

 

Summary:

 

The Election Commitment Funding ($120,000) for the relocation of Nambucca Radio has been confirmed and a funding agreement received for signature by the General Manager. Under the terms of the funding agreement, the grant will be paid upon completion of milestones, requiring the Council to meet the costs of the work before reimbursement by the Commonwealth.††

 

 

Recommendation:

 

That Council approve the expenditure of Council funds for the project which will be repaid to Council by the Commonwealth upon completion of milestones.

 

 

OPTIONS:

 

That Council not approve the recommendation and the project does not proceed.

 

 

DISCUSSION:

 

Under the funding agreement, the money for the project will be paid in four tranches of $25,000, $35,000, $20,000 and $40,000, with the first tranche of $25,000 being made available upon execution of the funding agreement. Subsequent tranches will be paid upon completion of milestones; reaching the milestones will require the expenditure of funding. The project includes such things as the purchase of a lawn mower, air conditioner and signage; construction of a shed and toilet and landscaping and parking area changes. There is a very small risk that the work will be done or the equipment purchased and payment will not be received by the Commonwealth. In this instance Council could be out of pocket.

 

The payment upon milestones is a standard requirement of funding agreements with the Commonwealth and successful negotiations with the funding body have resulted in the delivery of the money in smaller, less risky instalments over five months (December 2011 to April 2012), rather than a lump sum at the end of the project, which was the original funding agreement schedule.†

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts associated with the environment.

 

Social

 

There are no social impacts associated.

 

Economic

 

There are no economic impacts.

 


Risk

 

As noted above, there is a small risk that the Commonwealth will not pay upon completion of a milestone, however the funding allocation is set out in a standard Commonwealth funding agreement which would be signed by both parties and therefore legally binding. The project is also very short, occurring over five months, which will ensure any debt is not carried for long.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Whilst budget income and expenditure items will need to be created, there will be no net effect on the budget.† The expenditure will match the grant income.

 

Source of fund and any variance to working funds

 

Working funds will be required to finance each stage of work pending reimbursement from the Commonwealth.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

General Manager's Report

ITEM 9.19††† DA2010/234††††† 011211†††††††† Outcome of Land and Environment Court Appeal - Trustees of the Roman Catholic Church for the Diocese of Lismore -v- Nambucca Shire Council & Northern Region Joint Regional Planning Panel

 

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

 

Summary:

 

There is no need for a summary.

 

 

Recommendation:

 

That the information concerning the outcome of the appeal be received.

 

 

OPTIONS:

 

There are no options.† The report is for information.

 

DISCUSSION:

 

The judgement in this appeal was handed down on 30 November 2011.† The appeal was dismissed.

 

In general terms Commissioner Hussey preferred the expert flood advice provided by Mr Bewsher on behalf of the Joint Regional Planning Panel.† He was satisfied to rely on Mr Bewsherís ultimate opinion that the site is unsuitable for the proposed school on the basis that:

 

∑††††† Reliance on the flood evacuation plan is inappropriate

∑††††† The updated flood levels indicate that the use of the site will be compromised because the 1:5 average recurrence interval flood event is higher than the lowest part of the site, which is likely to result in regular inundation of the free play area and other parts of the site.

∑††††† The site is within a tidal influence due to its proximity to the river whereby a king tide of 1.1m could inundate the site.

∑††††† The site being categorised as a high hazard floodplain and subject to complex flooding scenarios making it unsuitable for a land use for a school accommodating up to 330 children.

 

Mr Bewsher predicted that in the 1:100 average recurrence interval flood event that the evacuation route will now be about 1.8m under water and that in the likely event of the river bank overtopping, this will affect the evacuation route because there will be a significant depth of water over East Street.

 

The Commissioner gave little weight to the assurances given by the current Principal of St Patrickís primary school and/or the evidence of the bus driver.† He did not consider the Principal fully appreciated the evacuation responsibilities and necessity to fully comply with the Flood Evacuation Plan.

 

The Commissioner relied on Mr Bewsherís opinion that determining weight should be given to the provisions of the Floodplain Development Manual wherein Section N7 plainly discourages granting development consents subject to private evacuation plans.

 

He also gave some weight to the provisions of the Flood Risk Planning Matrix in the Flood Risk Management Plan, which does not include educational establishments within high risk areas.† Accordingly he did not accept the applicantís submission that the proposal be categorised as a ďcommercialĒ or ďindustrialĒ development.

 

CONSULTATION:

 

There has been no consultation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no change.† The development application had already been refused.

 

Social

 

There is no change.† The development application had already been refused.

 

Economic

 

There is no change.† The development application had already been refused.

 

Risk

 

There are no particular risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Even though Council did not play an active role in the proceedings, its legal costs could be up to $10,000.† A final invoice is yet to be received.

 

Source of fund and any variance to working funds

 

The expenditure will need to be considered along with other legal costs in the preparation of the budget review.

 

Attachments:

There are no attachments for this report. ††


Ordinary Council Meeting†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 December 2011

Director of Engineering Services Report

ITEM 11 .9†† SF843††††††††††††† 011211†††††††† Minutes of the Vehicular Access to Beaches Committee - 11 November 2011

 

AUTHOR/ENQUIRIES:†††† Paul Gallagher, Director Engineering Services ††††††††

 

Summary:

 

A meeting of the Vehicular Access to Beaches Committee was held on the 11 November 2011.† The minutes of the meeting are attached for adoption by Council.

 

 

Recommendation:

 

1††††††† That Council adopt the Terms of Reference for the Nambucca Shire Vehicular Access to Beaches Committee, including the following amendments:

 

a†††† Item 8 first paragraph should read: The quorum required to enable business to be transacted at meetings shall consist of 2 Councillors and 4 representatives.

 

b†††† Item 7.6 Other Office Bearers, add:† The Deputy Chairperson of this Committee shall be a Councillor representative elected by the Committee in November of each year following the nomination of Councillors to Committees.

c†††† Item 9 Timetable For Meetings, first paragraph should read: †The meeting will occur on a biannual basis scheduled for the second Friday in November and February of each year commencing at 1.30 pm.

2††††††† That Cr John Ainsworth be elected to the position of Chairperson and Cr Janet Court be elected as Deputy Chairperson of the Vehicular Access to Beaches Committee.

 

3††††††† That Council respond to the Nambucca Heads Community Action Group Inc (NHCAG) advising that:

 

a†††† That Council has limited funds and resources to monitor drivers of 4WD traffic on beaches;

b†††† That the action of drivers of 4WD traffic on the beaches is generally monitored through Council Ranger and Volunteers Rangers;

c†††† That Councilís Ranger is deployed through peak periods to monitor traffic on the beaches and ensure compliance with the beach permit conditions;

d†††† That in the event that the Nambucca Heads Community Action Group become aware of an incident or observe an incident that they report the matter to Councilís administration Centre on (02) 6568 2555 during business hours or alternatively report the matter to the NSW Police.

 

4††††††† Council accept the offer by the Valla Beach Tourist Park and the Nambucca Tourist Information Centre to issue Beach Driving Permits on behalf of Nambucca Shire Council.

 

5††††††† That the minutes of the Vehicular Access to Beaches Committee meeting on 11 November 2011 be noted and adopted.

 

 

OPTIONS:

 

a†††††† Endorse the minutes

b†††††† Not endorse the minutes

c†††††† Endorse the Terms of Reference

d†††††† Not endorse the Terms of Reference

 

 

DISCUSSION:

 

The Committee considered the following items:

 

1††††††† Draft Terms of Reference for the Committee

2††††††† Election of Chairperson

3††††††† Appointment procedure for Volunteer Beach Rangers

4††††††† Sale outlets of Beach Driving Permits for Recreational and Commercial Use

5††††††† Financial Report as at 30 June 2011 and 30 September 2011

6††††††† Report from Councilís Ranger for the period March Ė September 2011

7††††††† Parks Supervisor Inspection Report Ė October 2011

8††††††† Honorary Rangers Reports Ė November 2011

9††††††† Behaviour of 4WD Vehicles on Beaches

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is some illegal vehicle access to beaches that could cause environmental damage.

 

Social

 

There are no issues as a result of this report.

 

 

Economic

 

There are no issues as a result of this report.

 

Risk

 

Use of vehicles in unauthorised areas could lead to injury to other beach users.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds are available in current budget.

 

Source of fund and any variance to working funds

 

No variance to working funds.

 

Attachments:

1View

31741/2011 - Minutes - Vehicular Access to Beaches Committee - 11 November 2011

 


Ordinary Council Meeting - 1 December 2011

Minutes of the Vehicular Access to Beaches Committee - 11 November 2011

 

PRESENT

 

Cr Janet Court (Chairperson)

Cr Michael Moran OAM

Mr Kevin Morrison

Mr Bill Watts

Mr Peter Baynes

Mr Tony Hardge

Mr Jim Brazel

Heather Leclercq (Minute Secretary)

 

APOLOGIES

 

Cr John Ainsworth (Deputy Mayor)

Cr Paula Flack

Paul Gallagher (Director Engineering Services)

Mr Brian Hall

Ms Georgette Allen

Mr Chris Smith

Mr Kevin Morrison Jnr

Mr Rhett Smyth

 

 

CONFIRMATION OF MINUTES

 

43/11 RESOLVED: (Brazel/Morrison)

 

That the Committee note the adoption of the Minutes of the Meeting held 11 March 2011.

 

 

 

DIRECTOR ENGINEERING SERVICES REPORT

ITEM 6.1††††† SF843††††††††††††††† 111111††††† Outstanding Actions as at 30 September 2011

44/11 RESOLVED: ††††††††† (Moran/Watts)

 

The progress on the outstanding actions identified at the previous meeting held on the 11 March 2011 and presented to the meeting held on the 11 November 2011 be received and noted.

 

 

 

 

ITEM 6.2††††† SF843††††††††††††††† 111111††††† Draft Terms of Reference for the Vehicular Access to Beaches Committee

45/11 RESOLVED: (Hardge/Watts)

 

1††††††† That the Committee receive and provide comment on the draft Terms of Reference for the Vehicular Access to Beaches Committee.

 

MOTION:††††† (Court/Watts)

 

That the Committee further recommends that the Terms of Reference for the Nambucca Shire Vehicular Access to Beaches Committee including the following amendments, be adopted by Council.

 

Amendment:†††††† (Court/Watts)

 

That the Committee further recommends that the Terms of Reference for the Nambucca Shire Vehicular Access to Beaches Committee, including the following amendments, be adopted by Council.

 

1††††††† Item 8 first paragraph should read: The quorum required to enable business to be transacted at meetings shall consist of 2 Councillors and 4 representatives.

 

2††††††† Item 7.6 Other Office Bearers, add:† The Deputy Chairperson of this Committee shall be a Councillor representative elected by the Committee in November of each year following the nomination of Councillors to Committees.

3††††††† Item 9 Timetable For Meetings, first paragraph should read: †The meeting will occur on a biannual basis scheduled for the second Friday in November and February of each year commencing at 1.30 pm.

 

The amendment was carried and it became the motion and it was:

46/11 Resolved: (Hardge/Watts)

 

That the Committee further recommends that the Terms of Reference for the Nambucca Shire Vehicular Access to Beaches Committee, including the following amendments, be adopted by Council.

 

1††††††† Item 8 first paragraph should read: The quorum required to enable business to be transacted at meetings shall consist of 2 Councillors and 4 representatives.

 

2††††††† Item 7.6 Other Office Bearers, add:† The Deputy Chairperson of this Committee shall be a Councillor representative elected by the Committee in November of each year following the nomination of Councillors to Committees.

3††††††† Item 9 Timetable For Meetings, first paragraph should read: †The meeting will occur on a biannual basis scheduled for the second Friday in November and February of each year commencing at 1.30 pm.

 

 

 

 

ITEM 6.3††††† SF843††††††††††††††† 111111††††† Election of Chairperson

47/11 RESOLVED: (Morrison/Watts)

 

1††††††† That the position of Chairperson be declared vacant, and the Manager Assets call for nominations from the Vehicular Access to Beaches Committee to fulfill the position of Chairperson and Deputy Chairperson.

 

2††††††† That Cr John Ainsworth be elected to the position of Chairperson of the Vehicular Access to Beaches Committee, being the only nomination received and unanimously elected.

 

3††††††† That Cr Janet Court be elected as Deputy Chairperson of the Vehicular Access to Beaches Committee being the only nomination received and unanimously elected.

 

 

 

 

ITEM 6.4††††† SF843††††††††††††††† 111111††††† Appointment of Volunteer Beach Rangers

48/11 RESOLVED: (Hardge/Moran)

 

That the Vehicular Access to Beaches Committee note the process for appointing Volunteer Rangers.

 

 

 

 

ITEM 6.5††††† SF843††††††††††††††† 111111††††† Sale of Beach Driving Permits for Recreational and Commercial Use - Protocols and Locations

49/11 RESOLVED: (Moran/Watts)

 

1††††††† That the Vehicular Access to Beaches Committee acknowledge the resignation of Mrs Jodie Young (Scotts Head Holiday Park) and that Council have formally thanked Mrs Young for her assistance in managing the users of the beach over the past 5 years.

 

2††††††† That the Vehicular Access to Beaches Committee recommend that Council accept the offer by Valla Beach Tourist Park and the Nambucca Tourist Information Centre to issue Beach Driving Permits on behalf of Nambucca Shire Council.

 

3††††††† That the Vehicular Access to Beaches Committee note that Council will contact the new management team at Scotts Head Holiday Park seeking their continued support in the sale of Beach Driving Permits.

 

4††††††† That the Vehicular Access to Beaches Committee recommend Council writes to Beachcomber Marine and formally invite them to issue Beach Driving Permits on behalf of Nambucca Shire Council.

 

5††††††† That the Vehicular Access to Beaches Committee thank Mr K Morrison for his continued support in the selling of Beach Driving Permits.

 

MOTION:††††† (Moran/Hardge)

 

That the Committee receive and note the internal Beach Permit Procedures Guidelines for the procurement, sale and issue of Beach Driving Permits and seek further clarification on the need to issue Beach Driving Permits for Commercial Fishermen as this has not been done in the past.

 

Amendment:†††††† (Court/Watts)

 

That the Committee receive and note the internal Beach Permit Procedures Guidelines for the procurement, sale and issue of Beach Driving Permits and seek further clarification on the need to issue Beach Driving Permits for Commercial Fishermen.

 

The amendment was carried and it became the motion and it was:

 

50/11 Resolved: (Moran/Hardge)

 

That the Committee receive and note the internal Beach Permit Procedures Guidelines for the procurement, sale and issue of Beach Driving Permits and seek further clarification on the need to issue Beach Driving Permits for Commercial Fishermen.

 

 

 

 

ITEM 6.6††††† SF843††††††††††††††† 111111††††† Financial Report as at 30 June 2011 and the 30 September 2011

51/11 RESOLVED: (Moran/Hardge)

 

1††††††† That the information contained in the Financial Report as at the 30 June 2011 noting Income of $6285.00 and Expenditure of $1484.10 with an amount of $4800.90 being held in Reserve be received and noted.

 

2††††††† That the Financial Report as at the 30 September 2011 noting Income of $2211.00 and Expenditure of $NIL be received and noted.

 

 

 

 

ITEM 6.7††††† SF843††††††††††††††† 111111††††† Report from Council's Ranger for the period March to September 2011

52/11 RESOLVED: (Moran/Morrison)

 

That the Rangerís report for the period March 2011 to September 2011 be received and noted.

 

 

 

 

ITEM 6.8††††† SF843††††††††††††††† 111111††††† Parks Supervisor Inspection Report October 2011

53/11 RESOLVED: (Hardge/Moran)

 

That the report from the Parks and Reserves Supervisor as at the 4 October 2011 be received and noted.

 

 

 

 

ITEM 6.9††††† SF843††††††††††††††† 111111††††† Honorary Rangers Reports - November 2011

54/11 RESOLVED: (Moran/Watts)

 

That the verbal and written Honorary Rangers reports provided on the 11 November 2011 be received and noted.

 

Tony Hardge:†††††††† Nothing to report.

Jim Brazel:††††††††††† Nothing to report.

Kevin Morrison:††††† Nothing to report.

Bill Watts:†††††††††††† Has just come back after travelling up the coast and he has not seen any better beaches than in our own Shire and this is why we are part of this Committee to keep it this way.

Mike Moran:†††††††††† The Vehicular Access To Beaches Committee appears to be working well.

 

 

 

 

 

ITEM 6.10††† SF843††††††††††††††† 111111††††† Behaviour of 4WD vehicles on beaches

55/11 RESOLVED: (Hardge/Court)

 

That Council respond to the Nambucca Heads Community Action Group Inc (NHCAG) advising that:

 

1††††††† That Council has limited funds and resources to monitor drivers of 4WD traffic on beaches;

2††††††† That the action of drivers of 4WD traffic on the beaches is generally monitored through Council Ranger and Volunteers Rangers;

3††††††† That Councilís Ranger is deployed through peak periods to monitor traffic on the beaches and ensure compliance with the beach permit conditions;

4††††††† That in the event that the Nambucca Heads Community Action Group become aware of an incident or observe an incident that they report the matter to Councilís administration Centre on (02) 6568 2555 during business hours or alternatively report the matter to the NSW Police; and

 

Motion:††††† (Court/Watts)

 

That Council will undertake a series of media releases leading up to the summer holiday period through the local papers and radio stations with respect to the conditions of the permits and drivers observing the designated speed limits and invite those who may be interested to become voluntary rangers.

 

Amendment:†††††† (Court/Watts)

 

That Council will undertake a series of media releases leading up to the summer holiday period through the local papers and radio stations inviting those who may be interested to become voluntary rangers and with respect to the conditions of the permits and drivers observing the designated speed limits and invite those who may be interested to become voluntary rangers..

 

The amendment was carried and it became the motion and it was:

 

56/11 Resolved: (Hardge/Court)

 

That Council will undertake a series of media releases leading up to the summer holiday period through the local papers and radio stations inviting those who may be interested to become voluntary rangers and with respect to the conditions of the permits and drivers observing the designated speed limits and invite those who may be interested to become voluntary rangers.

 

†††

 

NEXT MEETING DATE

 

The next meeting will be held on 10 February 2011 commencing at 1.30 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 2.50 pm.

 

 

 

Cr Janet Court

(CHAIRPERSON)