NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

2 February 2012

 

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

 

Ordinary Council Meeting - 02 February 2012

 

Acknowledgement of Country            (Mayor)

 

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

 

AMENDED AGENDA                                                                              Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 19 January 2012

5        NOTICES OF MOTION

5.1     Notice of Motion - Request For Telstra Support For Kids Helpline (SF415)

5.2     Notice of Motion - Commemorative Plaque Macksville Traffic Bridge (SF922)  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports

9.2     Request for Consent to Assignment of Subleases to Shops 1 and 2 Being Part of Crown Reserve 85113 Riverside Drive, Nambucca Heads

9.3     Grant Application Status Report - 2 February 2012

9.4     Establishment of the Macksville Saleyards Advisory Committee

9.5     Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

9.6     Constitutional Recognition of Local Government - Request for Contribution of Funds

10      Director Environment and Planning Report

10.1   Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 January 2012

10.2   DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

10.3   DA's and CDC's Received and Determined under Delegated Authority to 20 January 2012

11      Director Engineering Services Report

11.1   Nambucca Heads Sewage Augmentation Status Report

11.2   Rural Fire Service draft “BID” 2012-2013    


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

12.1   Unauthorised Earthworks Adjoining the Nambucca Heads Surf Life Saving Club

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

12.2   Appointment of State Emergency Service Local Controller

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv        DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

14      REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

Pecuniary – must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.  The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.  You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

·        It may be appropriate that no action is taken where the potential for conflict is minimal.  However, council officials should consider providing an explanation of why they consider a conflict does not exist.

·        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).  Care needs to be taken when exercising this option.

·        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

·        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

   


Ordinary Council Meeting                                                                                                 2 February 2012

Notice of Motion

ITEM 5.1      SF1714            020212         Notice of Motion - Request For Telstra Support For Kids Helpline (SF415)

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

Kids Helpline is Australia’s only private and confidential counselling service specifically for young people. Children and young people are now most likely to contact Kids Helpline from a mobile phone, but not all calls are free. Optus has provided free calls for ten years and in 2011 Vodafone elected to do the same. Although the largest network in Australia, Telstra still charge children standard call rates to contact the service.

 

 

Recommendation:

 

That Council write to the Chief Executive Officer of Telstra requesting Telstra join the other two major network providers in providing free calls to Kids Helpline.

 

 

 

DISCUSSION:

 

Kids Helpline is Australia’s only private and confidential counselling service specifically for young people. Established in 1991 it provides twenty-four-hour, seven-days-a-week counselling for young people aged five to twenty five years.

 

Last year Kids Helpline counsellors spoke to approximately 270,000 young people about issues ranging from relationships and bullying, to sexual abuse and homelessness.  Out of these more than two-in-five were about mental health, concerning the following:

 

·      diagnosed mental illnesses

·      habitual and problematic drug use

·      continued disordered eating behaviours

·      self injury

·      suicidal ideation.

 

Calls from mobile phones now represent almost seventy percent of all calls to Kids Helpline.  Of the three major network providers (Optus Vodafone and Telstra) Telstra, although the largest, is the only one who does not provide free calls.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 2 February 2012

Notice of Motion

ITEM 5.2      SF1714            020212         Notice of Motion - Commemorative Plaque Macksville Traffic Bridge (SF922)

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

Council received a suggestion that a plaque be placed on the Macksville Traffic Bridge detailing the date of the opening and the name of the person who opened it. As this is a matter for the Roads and Maritime Services (RMS) it is recommended that the suggestion be forwarded to them.

 

 

Recommendation:

 

That Council write to the Roads and Maritime Services suggesting that a plaque commemorating the opening be placed on the Macksville traffic Bridge.

 

 

 

DISCUSSION:

 

Council received a suggestion that a plaque be placed on the Macksville Traffic Bridge detailing the date of the opening and the name of the person who opened it.  As this is a matter for the RMS it is recommended that the suggestion be forwarded to them.

 

It is believed that the bridge was opened to traffic on 12 December 1931, the year before the Sydney Harbour Bridge, by the Hon. TR Bavin MLA leader of the then Opposition in State Parliament.

 

The ceremonial ribbon on the bridge was cut by eighty-year-old Mrs Eliza Ainsworth, the widow of John Bowen Ainsworth, a prominent local citizen and the ribbon and scissors are held at the Mary Boulton Pioneer Cottage and Museum in Macksville.

 

It is suggested that both the Hon TR Bavin MLA and Mrs Eliza Ainsworth be recognised on the plaque.

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager

ITEM 9.1      SF959              020212         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

JULY 2009

1

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.  That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

RO/IT

Hardware has been installed being:

1. ESXi host server in the library. This server runs VMware ESX which is then capable of hosting our servers in a virtual environment if required.

2. Platespin Protect. Installed on the ESX host is a virtual server dedicated to handling replications from our physical servers. Each physical server has a Platespin agent installed to facilitate this replication.

3. Fibre link between admin office and library DR site.

 

Initial testing has been done of virtual server in library.  Power points and wireless connection being provided in Senior Citizens Centre for a full test of disaster recovery.

 


JANUARY 2010

2

SF839

21/01/10

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

 

GM

On-going.

 

 

 

 

MARCH 2010

 

3

SF820

20/05/10

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

 

GM

On-going.

 

 

 

JULY 2010

 

4

SF638

15/07/10

Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.

 

GM

Scheduled for October 2010.

Deferred to November 2010.

Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.  Plan of Management to be prepared following resolution of Pre School extensions.

 

 

5

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

DEP

Letter sent to owners in Lower Nambucca.  Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date in February 2011.

Information sent through to consultant.  Meeting now not likely to late March 2011.

Consultant advised that meeting will need to be deferred to May 2011 due to unavailability.

Staff workloads have not permitted to proceed in May.  June now targeted.

Now deferred to August.

Costing being prepared on a pressurised system so facts and figures will be discussed.

 

Further deferred.

 

 

DECEMBER 2010

 

6

SF844

16/12/10

That a Project Implementation Management Plan for the off-stream dam be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimension provided in suitable vegetation, with the catchment above the dam top water level.

 

DES

GHD commissioned.  Plan anticipated in March 2011.

 

To be included within the contract documentation as a condition imposed on the contractor obligations and compliance with the EIS.

 

FEBRUARY 2011

 

7

SF1508

3/2/11

Council revert to in-house monitoring of energy consumption and greenhouse gas production and revisit the option of engaging consultants for benchmarking in 12 months time.

 

DES

Report in February 2012.

 

MARCH 2011

 

8

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

DEP

Brief to be prepared and new floodplain study to be undertaken during 2011.

 

RTA has now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion.  At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.

 

 

MAY 2011

 

9

SF1031

19/5/2011

That a new policy covering donations to charities be prepared to cover all existing policies and to better ration the limited donations budget.

 

GM

In progress – report to October Council meeting.  Agenda for Oct GPC too large. 

Deferred to November.

Deferred to December 2011.

Deferred to January 2012.

Further deferral due to workload.

 

 

JUNE 2011

 

10

SF841

2/06/2011

Council write to the RTA requesting they design the new Nambucca River bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under at maximum high tide.

 

DEP

Letter sent 8 June 2011.

 

No response as at 6 December 2011.

 

Further letter sent 10 January 2012.

 

JULY 2011

 

11

SF1031

21/7/2011

That the policies be organised and made functional under each Directorate and the regular review and updating of the policies be the responsibility of each Director.

 

GM

DEP

DES

Policies have been classified.  GM & Directors to review and update at least 25% of their policies annually.

 

12

SF1031

21/7/2011

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

DEP

Policy under revision and to be reported to future General Purpose Committee Meeting.

 

AUGUST 2011

 

13

SF741

18/8/2011

Paveline truck - that a further report be prepared on the half year July 2011 to December 2011 for comparison with the results for the previous 6 month period.

 

DES

Report to January 2012.

 

Deferred to February GPC.

 

SEPTEMBER 2011

 

14

SF21

1/09/2011

Council investigate an effluent management system for the Saleyards

 

GM

Preferred design to be determined by 30/6/2012.

 

15

SF21

1/09/2011

Council investigate funding an effluent management system at the Saleyards through its environmental levy.

 

GM

To be the subject of a further report.  Cannot be funded before 2012/2013.

 

16

SF1496

1/09/2011

That more information on the pilot program for the aquatic system monitoring be provided to a future GPC meeting.  (River Health Program)

 

DEP

Information being sought for presentation to February GPC meeting.

 

OCTOBER 2011

 

17

SF1595

6/10/2011

 

Councillors to be provided with major documents at least 3 weeks before the nominated GPC when they are to be first considered.

 

GM

In place for a six month trial

 

18

SF15

6/10/2011

 

An inspection of the Saleyards be arranged at the first available GPC meeting

 

GM

November GPC.  Deferred to December GPC.  GM to discuss with Property Officer.

Inspection to be scheduled to coincide with Work Cover availability.

 

 

19

SF15

6/10/2011

 

Future of the Saleyards

GM

February 2012 GPC

 

20

SF1595

20/10/2011

Council review its Tree Maintenance and Removal Application Policy asap, to provide greater clarity with regard to application assessments

 

DES

January GPC

 

Draft policy to be provided to Councillors at the end of January for comment and report to March GPC.

 

 

21

SF959

20/10/2011

Council write to Minister re lack of response concerning future management of Boultons Crossing (Gumma) Reserve with a cc to the Local Member.

 

GM

Letters sent 26/10/11

 

 

22

SF29

20/10/2011

The Library Working Group meet with the Manager Community & Cultural Services asap to arrange discussions with the State Library, meetings with Kempsey, Port Macquarie-Hastings and Coffs Harbour councils so that a recommendation can be made to Council in February 2012 on the future of the library service.

 

DEP

Reporting on establishing a stand alone library service now the priority.  Arrangements with other Councils to be the subject of on-going investigation.

 

Establishment of a stand alone library now taken priority over property arrangements with other Councils.

 

 

23

SF688

20/10/2011

Council consider and prioritise the unfunded items in the Environmental Levy in a future report to Council.

 

DEP

Report to follow IPR Exhibition.

 

 

24

 

 

SF15

3/11/2011

WorkCover Authority of NSW be invited to review the Macksville Saleyards and Saleyard Risk Assessment to provide advice on what is reasonably practicable to satisfy Council’s obligations under the Work Health and Safey Act 2011.

 

Also Council seek an opinion from the Office of Environment & Heritage on the work required to address environmental issues.

 

Councillors be advised of the time/date of an audit by both Departments so that they may be available to hear first hand of any problems.

 

GM

Letters sent 9 November 2011.  Response received from Office of Environment & Heritage – circulated to Councillors.

 

25

 

SF938

3/11/2011

Council receive from the Property Officer a draft policy on future licensing for water reservoir space

 

GM

Report in December 2011.  Deferred due to resignation of Property Officer.

 

26

SF1595

17/11/2011

DES consider the unsealed section of South Arm Road or McHughs Creek Road as a site for expenditure of the $25,000 allocated for unsealed pavement management testing.

 

DES

To be considered in 2012.

 

27

SF1460

17/11/2011

Structure of the Farmland (rate) Category be changed to incorporate the statutory minimum with ad valorem maintaining yield.  Council undertake a review of the farmland criteria to better reflect high intensity pursuits.

 

GM

Farmland criteria to be revised prior to the issuing of the 2012/13 rates.  Given recent resignation of Rates Officer this may not be possible for reasons of workload.

 

 

 

28

SF826

17/11/2011

Council note trial of asphalt zipper and await a report on the outcome of the trial including advice as to all costs involved with using the machine.

 

DES

Report to March 2012 GPC.

 

DECEMBER 2011

 

29

SF358

1/12/2011

Council seek legal advice on what remedy may be available to Council for failure of the heating system at the hydrotherapy pool.

 

GM

Legal advice being sought.

 

 

30

SF1496

1/12/2011

Council write to Roads and Maritime Services to follow up on their promise in regard to installing 1 in 100 flood markers at Kings Point and Nursery Road (with and without the highway crossing).

 

DEP

Letter sent 6/12/2011

 

31

SF1496

1/12/2011

Council receive a report on consistent terminology for reporting forecast flood frequency, for example 1 in 1000 ARI floods.

 

DEP

To January Council meeting.

 

 

Deferred to February Council meeting.

 

32

SF84

1/12/2011

Council write to the Minister for Police and Emergency Services requesting a detailed itemised budget for the line item “other support” and the line item “insurances”.  Also that an explanation be provided as to why the RFS budgets are not provided to Council by no later than 28 February each year in accordance with the Service Level Agreement

.

DES

Letters Sent 6 December 2011

 

Response received from the Premier (provided to Councilors week ending 13 Jan 2012) advising the Premier has referred the matter to the Minister   

 

 

 

 

33

LF2499

15/12/2011

Council work towards the establishment of an evacuation plan for the White Albatross Caravan Park.

 

DES

Agenda item at the February Local Emergency Management Committee (LEMC) for consideration by emergency services.

 

34

LF2499

15/12/2011

Council make a submission to the review of the LG Manufactured Home Estate Caravan Park and Camping Regs requesting a requirement for the provision of a detailed emergency evacuation plan for all occupants.

 

DEP

 

 

35

LF2499

15/12/2011

That a report come to Council on the status of the emergency evacuation plan in relation to the Wellington Drive, Nambucca Heads precinct and the development of the track in the sand dunes to Shelly Beach as per the “Our Living Coast Program”.

 

DEP

.Report to 2 February Council meeting.

 

Deferred to second meeting in February 2012.

 

36

SF674

15/12/2011

That Council investigate the possibility of acquiring additional land from NSW Forests to expand Council’s current waste management depot.

 

DES

Letter to be sent to NSW Forests 25 January

 

 

37

SF844

15/12/2011

That Council forward a request to the Minister that the Country Towns Program subsidy be on the total costs of BORS.

 

Mayor

Letter sent 6 January 2012.

 

JANUARY 2012

 

38

SF1714

19/01/2012

That an on-site inspection at the Nambucca Beach holiday park be conducted by Councillors at a GPC to resolve DA2011/142 and the proposal be pegged out for that site inspection.

DEP

 

 

39

SF1714

19/01/2012

Council write to the relevant Minister re caravan park regs expressing frustration with the reg. that allows siting of a home seven days before notification to Council.

 

DEP

 

 

40

SF566

19/01/2012

Council make representations to the Dept of Planning & Infrastructure to endorse & include Nambucca Heads (northern interchange) or the Macksville (southern interchange) as a permissible location for a Highway Service Centre in the Mid North Coast Regional Strategy.

DEP

 

 

41

SF1541

19/01/2012

Re split zone minimum lot size amendments – that Council receive the draft amendment prior to determining whether to proceed

 

DEP

To be reported in March 2012

 

42

SF85

19/01/2012

Council write to the Minister for Police & Emergency Services and Deputy Premier seeking clarification on the GRN component of the RFS budget.

 

DES

Letter sent 25 January to the Minister for Police & Emergency Services and Deputy Premier

 

 

43

SF84

19/01/2012

Council defer its decision on the RFS draft bid until the 1st meeting in February 2012 and DES endeavour to seek an explanation of how the program charges are calculated etc.

DES

Letter sent to the RFS Commissioner seeking an explanation on the program charges and a detailed budget explanation for expenditure

 

 

44

SF84

19/01/2012

Council write to the Premier requesting a complete audit of the RFS focussing on financial accountability and efficiency of service delivery.

 

DES

Letter sent 25 January to the Premier seeking an audit of the RFS

 

Response received from the Dept Local Government regarding Councils December resolution (provided to Councillors 20 Jan 2012)

 

 

45

SF742

19/01/2012

Council receive a report on the type and costing of fencing at the base of the cliff beside the Nambucca Heads SLSC.

GM

 

 

46

SF742

19/01/2012

Council prepare a draft brochure to demonstrate land slip risk and tips for minimising risk.

 

GM

Aim to have completed by June 2012.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager's Report

ITEM 9.2      SF764              020212         Request for Consent to Assignment of Subleases to Shops 1 and 2 Being Part of Crown Reserve 85113 Riverside Drive, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Wayne Lowe, Manager Business Development         

 

Summary:

 

Council is the Reserve Trust Manager for Crown Reserve 85113.  Part of the Reserve has been leased to the Nambucca Heads RSL and Ex-servicemen Club Limited until 7 November 2021.

 

The Lessee has requested consent to the assignment of the sub leases.

 

Consent has previously been given for two sub leases (one for the Kiosk and one for the boatshed).  In this instance the request is to assign the subleases for the Kiosk and the Boat shed to Wi-Bi Group Pty Ltd.

 

Council has no grounds, nor foreseeable reason, to withhold consent

 

 

Recommendation:

 

1          That Council in its capacity as Reserve Trust Manager of Reserve 85113 endorse the assignment of the sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (Boatshed) and Shop 2 (The Kiosk) to Wi-Bi Group Pty Ltd.

 

2          That Council authorise the General Manager and the Mayor to execute and to affix Council's seal on the assignment of the subleases of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (Boatshed) and Shop 2 (The Kiosk) to Wi-Bi Group Pty Ltd.

 

 

OPTIONS:

 

Clause 8 of the lease to the Nambucca Heads RSL and Ex-servicemen Club Limited makes provision for sub leasing.  Clause 8.2 precludes the Lessor (Council) from withholding consent if particular conditions are met.  In this instance all conditions have been adequately met and therefore there is no option.

 

 

DISCUSSION:

 

Council is the Reserve Trust manager for Crown Reserve 85113. Part of the Reserve has been leased to the Nambucca Heads RSL and Ex-servicemen Club Limited until 7 November 2021.

 

In turn the Nambucca Heads RSL and Ex-Servicemen Club Limited has sub let the demised areas known as Shop 1(The Boatshed) and Shop 2 (the Kiosk).

 

Clause 8 of the head lease to Nambucca Heads RSL and Ex-Servicemen Club Limited provides that the Lessee may only sub let all or part of the demised land with the written consent of the Lessor and the Department of Conservation and Land Management (now the of Department of Lands).

 

Clause 8.2 of the head lease provides that the Lessor may not withhold consent if the following provisions have been observed by the lessee:

 

a)       Lessee is not in default

I am unaware of the Lessee being in default of any lease provisions as at 21/12/2012.  In a particular all rent is and has been paid on time.

b)       Lessee is Respectable and responsible

The sub lessee is respectable and responsible.  Attached are letters pertaining to both the corporate entity and the guarantors to the sub lessee

 

Council has no grounds, nor foreseeable reason to withhold consent to the sub lease.  It is recommended that Council, in its capacity as Trust Manager, endorse the assignment of the sub-lease as requested.

 

 

CONSULTATION:

 

Department of Lands Grafton

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The recommendations do not give rise to any environmental issues

 

Social

The recommendations do not give rise to any social issues.  Arguably the continued provision a riverside kiosk and boatshed provides a positive social aspect to the recreational facilities on the River.

 

Economic

The recommendations do not give rise to any economic issues

 

Risk

The recommendations do not present any further risk to Council

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendations do not present any direct or indirect impacts on current or future budgets

 

Source of fund and any variance to working funds

 

Variance in working funds is not required.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager's Report

ITEM 9.3      SF1389            020212         Grant Application Status Report - 2 February 2012

 

AUTHOR/ENQUIRIES:     Colleen Henry, Grants Officer         

 

Summary:

 

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

 

Recommendation:

 

That the list of grant applications and their status to 20 January 2012 be received.

 

Successful grant applications (not yet acquitted):

Grant and date of approval

Funding Amount

Amount -Council

Description

Office of the Premier

Community Building Partnership Program

December 2010

$70,938

Matching funding

Amenities Anderson Park, Valla Beach - $34,000

Playground Anderson Park, Valla Beach - $15,000

2NVR Assistance for relocation - $10,000

History in Print Project (Microfilm Reader) $11938

 

Sport and Recreation Participation Program

December 2010

$9,888

None required

Staying Strong exercise program to be delivered as part of Safe and Savvy Seniors (SASS), at Macksville Senior Citizens’ Centre

 

Federal Government election commitment  (confirmed)

$120,000

None required

Relocation of 2NVR radio station to Tewinga Hall

 

Department of Sustainability, Environment, Water etc

 

$1 million

None required

Detailed design for off river water storage

Department of Families, Housing, Community Services and Indigenous Affairs support for Nambucca Valley Sports Facilitation Program

$12,000

None required

Ritchie Donovan position and contribution toward oval maintenance equipment

Indigenous Sport and Recreation Program

August 2011

$46,300 (full request of $168,000 not awarded)

None required

Nambucca Valley Sports Facilitation Program (Ritchie Donovan)

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

October 2011

$4171

$1729

$4650

$1999

None required

Mary Boulton gardening/collection supplies.

Talarm Hall – sound system, data projector

Valla Beach – trailer, sound system

Argents Hill Hall – refrigerator

 

NSW Floodplain Management Program

October 2011

 

$60,000

None required

Implementation (continued) of the Nambucca River Flood Study

Northern Rivers Catchment Management Authority

November 2011

$37,000

None required

Weed control from Swimming Creak to Deep Creek. Installation of geo-textile for dune stabilisation, working with Nambucca Dunecare Group.

 

Additions since last report:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Transport for NSW

Better Boating Program

Closed 29 July 2011

$47,734

$47,734

(S.94 funds)

Scotts Head Boat Ramp – all-season facility

Department of Health and Ageing

Closed 19 August 2011

$566,430

None required

Healthy Communities Initiative Phase 3

“Live Healthy Nambucca”

Total year to date

$1,982,839

 

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Department of Sustainability, Environment, Water, Population and Communities

No closing date

 

$10 million

TBC

Off-river water storage (subject to a number of conditions including detailed plans, relevant approvals, Council funding, confirmation of final project costs.

Coastline Cycleway Grant 2010-2011

Closed November 2011

$50,000

$50,000

Completion of 350m section of cycleway between Nambucca Heads and Macksville.

Department of Sport and Recreation Facilities Grant

Closed 15 April 2011

$960

NA (matching funds to come from NHTTC)

1 Table Tennis Tables for NH Table Tennis Club (NHTTC)

$406,870

$206,870 (2011/12 budget)

2 E J Biffin Drainage Improvement

 

$19,042

NA (matching funds to be provided by group)

3 Bowraville Cricket Club Nets and Pitch

$62,194

$20,000 (2011/12 budget)

4 Unkya Reserve Playground equipment and toilets

Environmental Trust Restoration and Rehabilitation Grant

Closed 2 September 2011

$95,600

Some in-kind

Construction of access way from southern part of Wellington Headland to avoid landslip area; weed management of steep slopes and native plant regeneration on site

 

NSW Community Building Partnership Program

Closed 31 October 2011

$48,685

$48,685

(S.94 funds)

Macksville Showground internal road.

Office of Environment and Heritage NSW

Closed 1 December 2011

$40,000

$40,000*

 

Nambucca Shire Beaches Accessway Improvement Program

 

*        The Draft Environmental Levy Fund, which Council considered in October 2011, identifies $40,000 for the implementation of actions from the Nambucca Coastal Zone Management Plan.

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Regional Tourism Product Development Fund – Stream 2 Large Scale

Closed 31 October 2011

$180,000

$99,000

The application is to fund a water theme park in Bellwood Park as proposed in the Nambucca River Master Plan.  The funding from Council would be for the replacement of the existing dilapidated toilet block.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager's Report

ITEM 9.4      SF21                020212         Establishment of the Macksville Saleyards Advisory Committee

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has received the attached letter from G J Kennedy & Co Pty Ltd advising they have established the Macksville Saleyards Advisory Committee as recommended by Saleyard Operators Australia, now known as the Australian Livestock Marketing Association.

 

It is recommended that there be a report to Council on providing delegated powers to the Committee which has been established by G J Kennedy & Co Pty Ltd.

 

 

Recommendation:

 

That a report come to Council on the composition of the Saleyards Advisory Committee and the provision of delegated power under Section 355 of the Local Government Act.

 

 

OPTIONS:

 

Council can continue with the existing Saleyards Advisory Committee or delegate powers to the proposed Committee.  Alternatively the Saleyards can operate without any Committee of Management although this is not recommended under the Australian Code of Practice.

 

 

DISCUSSION:

 

Council has received the attached letter from G J Kennedy & Co Pty Ltd advising they have established the Macksville Saleyards Advisory Committee as recommended by Saleyard Operators Australia, now known as the Australian Livestock Marketing Association.

 

The Australian Code of Practice for the Selling of Livestock referred to in the letter makes reference on page 13 (clauses 3.1 and 3.2) to the composition of Saleyard Advisory Committees and that the Committee should include (but is not restricted to) representation from buyers, agents, vendors, livestock carriers and council representatives, with the saleyard manager in attendance.  In NSW the participation of a veterinarian is also recommended to aid in the management of animal welfare.  According to the Code of Practice the saleyard operator is responsible for the coordination and continued functioning of the Committee (not Council).

 

The letter does not refer to the compliance or otherwise of the Saleyards with the other 56 pages of detailed recommendations.

 

The Code of Practice does not acknowledge that under the NSW Local Government Act, Council must delegate responsibility under Section 355.  Section 355 provides as follows:

355    How does a council exercise its functions?

A function of a council may, subject to this Chapter, be exercised:

 

(a)      by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b)      by a committee of the council, or

(c)      partly or jointly by the council and another person or persons, or

(d       jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e)      by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

 

Council will need to formally delegate authority to the proposed Macksville Saleyards Advisory Committee responsibility under Section 355.

 

Pending any decision on the future of the Saleyards, it is proposed that a report come to Council on providing delegated powers to the proposed Macksville Saleyards Advisory Committee under Section 355 of the Local Government Act.  The delegated powers should cover the preparation and management of a budget for the Saleyards.  The Committee should also be asked to report on the compliance of the Saleyards with the Australian Code of Practice.  The Committee members will be subject to the provisions of Council’s Code of Conduct and where required will have to declare a pecuniary or conflict of interest.

 

 

CONSULTATION:

 

There has been consultation with the Manager Business Development.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no particular implications for the environment.

 

Social

 

There are no particular social implications.

 

Economic

 

There are no particular economic implications.

 

Risk

 

As the owner of the facility, the Council remains ultimately liable for the Saleyards.  However it is a positive step that the Operator has taken the initiative to establish the Committee and consider the requirements of the Australian Code of Practice and the financial issues concerning the funding of the Saleyards.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

908/2012 - Letter from GJ Kennedy & Co Pty Ltd

 

  


Ordinary Council Meeting - 2 February 2012

Establishment of the Macksville Saleyards Advisory Committee

 


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager's Report

ITEM 9.5      SF1714            020212         Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Advice of a grant funding offer has now been received from the Hon. Duncan Gay MLC, Minister for Roads and Ports providing $47,733 towards the Scotts Head boat ramp reconstruction.  Council has to match the funding.  Matching funding from Council’s Section 94 reserve for Community Facilities and Open Space has been previously approved.

 

 

Recommendation:

 

1        That the information concerning Council’s successful application for $47,733 of funding from           the NSW Government’s Better Boating Program for improvements to the Scotts Head (Forsters Beach) boat ramp be received.

 

2        That Council formally accept the offer of $47,733 from the Better Boating Program for improvements to the Scotts Head (Forster’s Beach) boat ramp.

 

 

OPTIONS:

 

Council could reject the funding offer.  This may adversely impact on future funding applications.

 

 

DISCUSSION:

 

In the Section 94 Planner’s report to Council in July 2011, improvements to the Scotts Head boat ramp (Forsters Beach) were endorsed for inclusion in the Section 94 works schedule.  It will be recalled that shifting sand had left a large drop between the edge of the concrete and the beach.

 

At Council’s meeting on 15 September 2011 it was reported that an application for improvements to the Scotts Head Boat Ramp had been made under the State Government’s Better Boating Program for $47,743, funding which Council would need to match.  Council endorsed the Section 94 works schedule including the proposed refurbishment of the Scotts Head boat ramp.

 

The report to Council’s meeting on 15 September 2011 proposed the following funding arrangement:

 

Project

Total cost

S94 funds

Other

Status of Council approval

Scotts Head Boat Ramp

$95,467

$47,733

$47,733 (BBP grant application)

Expenditure endorsed.  Dependent on grant funds and also sand moving away from ramp.

 

Advice of a funding offer has now been received from the Hon. Duncan Gay MLC, Minister for Roads and Ports.  A copy of the advice is attached.  Council has received an offer of $47,733 towards the Scotts Head boat ramp reconstruction which is $ for $ funding.

 

A concept plan for the reconstruction of the boat launching ramp and access ramp to the beach has been prepared and is a circularised document.

 

It is proposed that Council accept the funding and proceed to finalise the concept design for construction.  Approvals will be required for work on the foreshore.

 

 

CONSULTATION:

 

There has been consultation with Council’s Grants Officer and Manager Civil Works.  Council’s Engineering Designer has consulted with the Scotts Head Fishing Club.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

An assessment of environmental impact will need to be undertaken before construction.  Approvals will be required from Fisheries and Maritime Services.

 

Social

 

The Scotts Head (Forsters Beach) boat ramp is a very popular recreational asset which is often used for launching up to 20 boats on weekend mornings when the weather for fishing is favourable.  It is also used by the Macksville Scotts Head Surf Life Saving Club for launching rescue craft.

 

The side slopes on the existing ramp are excessive and hinder access by people with a disability.

 

Economic

 

There are no significant economic impacts.

 

Risk

 

There are risks with constructing anything in the surf zone.  The existing boat ramp has held up well, but the recent coastal erosion associated with the La Nina and warmer Indian Ocean weather events has resulted in sand being removed from the toe of the boat ramp.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for the work is provided for in the Section 94 reserve for Community Facilities and Open Space and through the grant funding.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

847/2012 - Advice of successful grant - Scotts Head boat ramp

 

2View

 - Circularised Concept Plan

 

  


Ordinary Council Meeting - 2 February 2012

Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

 


Ordinary Council Meeting - 2 February 2012

Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

 

 

 

 

 

 

Circularised Concept Plan

 

 

Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

 

 

 

 


Ordinary Council Meeting                                                                                                 2 February 2012

General Manager's Report

ITEM 9.6      SF640              020212         Constitutional Recognition of Local Government - Request for Contribution of Funds

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The NSW Local Government and Shires Associations propose to support a national advertising campaign to support the constitutional recognition of local government.

 

This Council’s special levy would be $13,251.99 plus GST.  The Executives of both Associations resolved that the levy be payable in three equal instalments over three financial years, so as to reduce the financial burden on councils.

 

 

Recommendation:

 

That Council make provision in its 2012/2013 budget for an expenditure of $4,417 plus GST as a special levy to the Local Government and Shires Associations for an advertising campaign to support the referendum on the constitutional recognition of local government.

 

 

OPTIONS:

 

Council can elect to make no financial contribution.

 

 

DISCUSSION:

 

Council has received the attached correspondence from the Local Government and Shires Associations.

 

In essence the NSW Local Government and Shires Associations propose to support a national advertising campaign to support the constitutional recognition of local government.

 

This follows on from a commitment from the Prime Minister, the Hon. Julia Gillard MP to hold a referendum in conjunction with the next Federal election to include recognition of Local Government in the Australian Constitution.

 

The Australian Local Government Association (ALGA) will be asking all State and Territory Associations and their member councils to contribute financially to a large scale national advertising campaign to gain public support for a “yes vote” when the time for a referendum comes.  The referendum, to be successful, requires a majority of “yes votes” from a majority of voters, and a majority of the states.

 

The ALGA estimates that a national advertising campaign will cost more than $10m and that NSW Councils would be expected to contribute approximately $2.7m to this amount.

 

The NSW Local Government and Shires Associations are providing early advice so that Council may include funding for the advertising campaign in its budget for the 2012/2013 year and beyond.

 

The LGSA resolved that the $2.7m required by the ALGA for the national advertising campaign be sought from members by way of a special levy.  Each councils’ share of the levy would be payable in three equal instalments over a three year period, commencing 1 July 2012.  Council is advised that should the referendum or the national advertising campaign not go ahead for any reason, instalments paid to the LGSA would be refunded.

 

This Council’s special levy would be $13,251.99 plus GST.  The Executives of both Associations resolved that the levy be payable in three equal instalments over three financial years, so as to reduce the financial burden on councils.

 

The requested special levy is a substantial amount of money for this Council compared to the funds it invests in its own advertising/marketing.  At this early stage it is only recommended that Council make provision in its 2012/2013 budget for a one third instalment of $4,417.

 

If there is bipartisan support for the referendum it might be queried why any promotional funds need to be spent.  The other point is that in conducting a referendum the Federal Government has an obligation to inform the community about the yes (and no) case.

 

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There is a risk that the referendum may fail.  This would invite continuing constitutional uncertainty regarding the ability of the Federal Government to provide grant funding directly to local government.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation will result in a funding allocation in the 2012/2013 budget of $4,417 plus GST.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

856/2012 - Proposed Levy to Support a National Campaign

 

  


Ordinary Council Meeting - 2 February 2012

Constitutional Recognition of Local Government - Request for Contribution of Funds

 


 


Ordinary Council Meeting                                                                                                 2 February 2012

Director Environment & Planning's Report

ITEM 10.1    SF1709            020212         Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 January 2012

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1) (one application is in excess of 12 months old).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1          That the list of outstanding development applications (in excess of 12 months old) be noted and received for information by Council

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

 

 

 

TABLE 1: DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2010/221

03/09/2010

Additions to existing pre-school

 

Part Lot 8 DP 821952, Valla Beach Road, Valla Beach

 

This application was placed on hold pending further discussions regarding a Bushfire Hazard easement over the adjoining land. Whilst the applicants were requested to withdraw the application, they requested that the matter remain live as external funding is tied to this proposal and progress has been made with the adjoining landowners regarding the easement with a finalisation considered imminent.

 

 

 


TABLE 2: DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/139

23/08/11

Crematorium, Chapel and Associated Facilities

Lot 51 DP 613620, Foxs Road, Nambucca Heads

§ Crematorium will create “black spot” on highway as turning lane into Foxs Road won’t be long enough for funeral traffic and traffic coming out of Foxs Road will find it difficult to judge gap in traffic.

This issue was also raised when the land was rezoned under the previous LEP via Amendment 57, gazetted on 8 December 2006. The DA has been referred to the RTA for their comments, as it was with the LEP Amendment. The RTA advised, at that time, that safety and efficiency matters can be addressed at the development application stage, provided they are included as specific conditions in any future development consent. No response has been received as yet from the RTA.

Have tried to chase up the RTA, however still awaiting response.

No response from applicant (7/11/11) re high likelihood of Aboriginal artefacts being found, as per advice from Nambucca Heads LALC.

RTA has asked for an extension until 20/1/12

2011/165

04/10/11

Rural Dwelling-House

Lot 2 DP 1130291, Taylors Arm Road, Upper Taylors Arm

§ Concerns with the position of the road

Requires a modification of the original subdivision as outside approved dwelling envelope.

Will require new bushfire and OSMS reports

2006/142/04

18/10/2011

14 Lot Residential Subdivision

Lot 142, DP 809036, 2 Grandview Drive, North Macksville

 

§ Possible effluent disposal area positioning

§ 2 Dirt road issue of pollution

§ 3 previous condition not taken into account in modification application

Requested additional information re sewer servicing to the development

2011/175

1/11/2011

Part demolition for proposed residential renovation and additions

Lot 30, DP 547182, 5 Leonard Street, Nambucca Heads

§ Roofline & issues of light;

§ Views impaired;

§ Feeling of enclosure;

§ Living in a tunnel;

§ Property value decreased as a result of the development

Additional information received 14/12/2011

Site meeting held 16/1/12 with objectors and further meeting with Application

Currently being assessed in light of concerns and information provided by architect.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 2 February 2012

Environment and Planning

ITEM 10.2    SF1709            020212         DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

 

AUTHOR/ENQUIRIES:     Emma Shaw, Administration Support Officer         

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2011-2012 compared with 2010-2011 and Certificate Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1          That Council note development application statistics and processing times for July 2011-June 2012 compared with July 2010-June 2011.

 

2          That Council note Occupational Certificate released for the years 2007 to 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2007-2011.

 

 

Development Application Statistics

 

The figures show a 32.26% decrease in the number of DA’s received to December 2011 with construction costs decreasing by -113.68% compared to the same period in 2010/2011. The total number of DA’s/CD’s approved for the month of December was 11 plus 7 modifications.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2010-Dec 2010

$21,311,818

123

111

July 2011-Dec 2011

$9,973,634

93

99

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2011

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

52.83

40

64.92

133

28

February

42.94

34

63.64

190

10

March

46.41

33

50.05

127

14

April

31.25

33

55.37

308

2

May

43.38**

42

181.12

2761**

8

June

35.88

27

59

167

22

July

28.87

20

40.60

144

11

August

35.5

32

44.25

66

4

September

21.5

28

49.9

314

8

October

20.9

25

36.52

205

5

November

38.22

29.5

64.94

169

5

December

33.54

36

50.18

195

20

 

**  DA 2004/136 (East-West Road Subdivision) has not been included in the Mean or Median Times

#Average age of DA’s

 

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

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

1

0

39

2010 Council

3

6

2

1

2

1

9

3

1

2

2

0

32

2011 Private Cert

1

0

3

7

4

4

3

1

7

6

3

1

40

2011 Council

2

2

0

1

0

1

1

0

2

0

2

1

12

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (Jan-Dec)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2007

278

739

218

2008

273

671

160

2009

248

761

167

2010

230

670

135

2011

304

635

117

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

2

4

5

7

1

3

4

55

4.58

Council
2010

10

14

9

12

11

7

11

7

6

3

2

7

99

8.25

Private
2011

9

6

11

0

5

12

3

10

9

7

4

10

86

7.16

Council
2011

6

22

15

5

10

11

12

15

6

9

8

9

128

10.66

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 2 February 2012

Director Environment & Planning's Report

ITEM 10.3    SF1709            020212         DA's and CDC's Received and Determined under Delegated Authority to 20 January 2012

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

For Council’s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

DEVELOPMENT APPLICATIONS RECEIVED TO 20 JANUARY 2012

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/001

03/01/2012

Arakoon Homes (Builders) Pty Ltd/ Voyee Pty Ltd & Supa East Pty Ltd

Dwelling-House

Lot 3 DP 1170669, Wurinda Drive, Macksville

180,000

2012/002

10/01/2012

Wayne Frank/ Peter & Simone Shelton

Dwelling-House

Lot 65 DP 228703, 9 Dolphin Place, Valla Beach

430,000

2012/003

11/01/2012

Alexander Duyster

Shed

Lot 5 DP 1076959

11,580

2012/004

13/01/2012

Bawrunga Aboriginal Medical Services

Change of Use from Office to Medical Centre

Lot 1 SP 76307, 1 Marshall Way, Nambucca Heads

200,000

2012/005

19/01/2012

Robert Abdoo

New Carport  & Deck

Lot 4 DP 24657, 11 Bellevue Drive Macksville 

4,800

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED TO 20 JANUARY 2012 —

NONE were received

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 20 JANUARY 2012

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2011/103

Lot 873 DP 601418, 95 Helliwells Road, Missabotti

Bed & Breakfast Accommodation

20,000

2011/652

Lot 10 DP 1099448, 15 Archie Close, Macksville

Garage/Shed

11,620

2011/192

Lot 1 DP 869415, 18 Priory Parade, Valla

Rural Shed

30,000

2011/193

Lot 1 DP 22088, 32 Mann Street, Nambucca Heads

Patio Cover & Carport

21,300

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting                                                                                                 2 February 2012

Director of Engineering Services Report

ITEM 11.1    SF1310            020212         Nambucca Heads Sewage Augmentation Status             Report

 

AUTHOR/ENQUIRIES:     Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Tenders for the construction of the Nambucca Heads Sewage Augmentation were awarded to Monadelphous Engineering Pty Ltd on 9 October 2009 for the amount of $17,408,388 inclusive of GST.

 

The completion of the contract has been significantly delayed as a result of wet weather conditions during construction and electrical control problems since the construction was completed.

 

The commissioning of the new plant is now expected to commence at the end of January and it should be operating effectively by mid March.  However all works under the contract including upgrades to the existing IDEA tank and the demolition of the existing trickling filter are unlikely to be completed prior to the end of September 2012.

 

Expenditure to date on the contract is $17,107,896 and the final contract cost is estimated to be near enough to $18 million.

 

 

Recommendation:

 

That the status of works on the Nambucca Sewage Augmentation Contract be noted by Council.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION

 

A contract for the construction of the Nambucca Heads Sewage augmentation was awarded to Monadelphous Engineering Pty Ltd on 9 October 2009 for the amount of $17,408,388 including GST.

 

The contract was scheduled to be completed as a series of nominated task milestones with an estimated completion time of 98 weeks.  However the contract has been subject to significant delays and is now months behind schedule with the new plant yet to be commissioned.

 

The initial delays were the result of the construction works being badly affected by the continuous heavy rainfall events that occurred during both 2010 and 2011.  The contractor has been entitled to extensions of time for these events.  More recent delays have been caused by problems that have occurred in the electrical control systems since construction was completed and this has prevented the final commissioning of the plant.

 

The outstanding tasks for completion of the contract are:

 

·      Commissioning of the new plant and stabilisation of the treatment process

·      Emptying and completing a structural investigation

·      Completion of structural repairs to the existing treatment tank as required

·      Upgrade of treatment tank with installation of variable speed drives on aerators and new pumping equipment

·      Demolition of existing trickling filter plant that is made redundant.

 

The commissioning of and introduction of raw sewerage into the new plant is now scheduled to take place at the end of January and it is estimated that it may take approximately 6 weeks for the treatment process to stabilise and the plant to operate effectively.  The remaining works are estimated to be completed within a further 28 weeks, however, these works are not critical to the operation of the plant.

 

Expenditure on the contract to date is $17,107,896 and the final contract cost is estimated to be near enough to $18 million.  The cost of variations approved to date totals $571,252.44 and at 3.3% of the original contract sum this is considered to be a good outcome for infrastructure works of this nature.  It should also be noted that the most significant variations were the replacement of a mobile diesel generator with two permanently fixed emergency diesel pumps and the enlargement of a sludge lagoon and these were included at Council’s request.

 

Although the delays to the contract have been frustrating for all parties they have not been the cause of any significant cost increase to Council.

 

 

CONSULTATION:

 

NSW Public Works, Coffs Harbour.

 

 

SUSTAINABILITY:

 

Social

 

The construction contract has had no significant social impact.

 

Environment

 

The construction contract has had no significant environmental impacts.

 

Economic

 

The construction contract provided an economic stimulus to the local economy as a number of local contractors were engaged to complete various components of the construction works.

 

Risk

 

The majority of the risks associated with the construction work have been mitigated with no significant impact on the contract.  This is evident in the relatively low cost of variations works when compared with the potential contingencies identified in the original risk register for the project.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The funding to complete the project has been allocated in the current budget and there is likely to be a carry over into the 2012/13 budget.

 

Source of funds and any variance to working funds

 

Funding has been sourced from Council reserves, loans and the State Government through the Country Towns Water Supply and Sewerage program.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 2 February 2012

Engineering Services

ITEM 11.2    SF84                020212         Rural Fire Service draft “BID” 2012-2013

 

AUTHOR/ENQUIRIES:     Paul Gallagher, Director Engineering Services         

 

Summary:

 

The Rural Fire Service Acting Area Manager for the Lower North Coast Zone addressed Council at the January General Purpose Committee meeting in relation to the Rural Fire Service “BID” for 2012/13.  The draft BID for 2012/13 is $248,432.27 and does not include state program charges.

 

The 2011/12 contribution (including program charges) which was reported to Council in December 2011 is $276,130.13.

 

 

 

Recommendation:

 

1        That Council endorse the Rural Fire Service “BID” for 2012/13 financial year.

 

2        That Council write to the Commissioner for the Rural Fire Service and advise that the 2012/13 Rural Fire Service “BID” of $248,432.27 has been endorsed by Council as presented by the acting Zone Manager at Council’s January General Purpose Committee meeting held on 18 January 2012 and that Council will not endorse any further increases to the draft bid as presented.

 

3        That Council write to the Minister for Police and Emergency Services and the Deputy Premier, the Hon Andrew Stoner MP, advising that Council has endorsed the Rural Fire Service “BID” for 2012/13 to $248,432.27 and seek their support to ensure that there are no further increases to the enclosed Rural Fire Service “BID” for 2012/13.

 

 

OPTIONS:

 

Determine whether to accept the proposed RFS budget

 

 

DISCUSSION:

 

At Council’s meeting on 19 January it was resolved to defer a decision on the Rural Fire Service draft BID until Council’s first meeting in February 2012 and in the interim, Council’s Director Engineering Services endeavour to seek an explanation of how the program charges are calculated noting the recent mistakes which have been made in the issued charges.  Further, if the Rural Fire Service refuses to explain how the program charges are calculated, they be requested to provide their reasons.  Council’s Local Member, the Hon Andrew Stoner MP, is to be advised of Council’s representations.

 

The following report is the same as that submitted to the General Purpose Committee meeting on 18 January 2011.  It is unlikely that an answer on program charges will be forthcoming by this meeting.

 

A Liaison Committee was held on Tuesday 13 December 2011 to consider the draft 2012/13 BID for Kempsey and Nambucca Shire Councils.  The draft “BID” is now being provided to Council for consideration.  The provision of the proposed 2012/13 budget from the Acting Zone Manager is not in accordance with Clause 8 of the Service Agreement.

 

The District Service Agreement requires an estimate of probable expenditure for the District for the next financial year (“THE BID”) is prepared by the Zone Manager and supplied to the Committee for consideration and then presented to Council:

 

CLAUSE 8 FINANCE of the District Service Agreement defines the following;

8.1     The Council will, in consultation with the Commissioner, by no later than 30 September of each      year, submit to the Commissioner an estimate of probable expenditure  for the District  for the next         financial year (“THE BID”)

8.2     Following consultation with the Councils, the Commissioner will by no later than the 28th February of each year submit to Councils

a)   A probable allocation of expenditure for the District for the next financial year( the probable allocation) and

b)   A probable contribution by the Councils to the NSW Rural Fire Fighting Fund (“the Fund”).

 

However, appropriate changes have now been implemented to ensure that future budgets will be brought back onto the correct timetable and provided to Council for consideration.

 

Summary of the RFS 2012/13 “BID”

 

·           The draft BID for 2012/13 is $248,432.27 however the Acting Zone Manager advised the Liaison committee that at the time of preparation of the “BID” he had not been provided with an estimate of the program charges from the state.  Past history indicates an amount of around $40,000.00

 

·           The transfer of the responsibility for payment of the insurance for the RFS red fleet resulted the removal of the budget item from Councils fleet insurance premium of $19631.37 (incl.GST) however there is an increase within the Insurance line item of the RFS “BID” of $25,264.00 for the red fleet

 

·           The line item within the RFS budget titled “Program Charges is an amount of $1,199.357.00 for the Nambucca Shire Council.  “Other Support”(TRIM 33136/2011)

 

·           Council is being charged and amount of $61,778.00 for the Government Radio Network (GRN) which is not assessed outside of the Sydney area

 

·           Hazard reduction being the core function is $25,000.00

 

·           The draft “BID” does not include any proposed plant replacement. Whilst plant is aging, the use of the appliances is minimal and in the event that there was an event, plant and equipment would be sought from other regions.

 

 

CONSULTATION:

 

General Manager

Rural Fire Service

Liaison Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

The economic implications associated with the ability of Council to fund RFS contribution increases are off-set against the reduction of Council services to Nambucca Valley communities to compensate for the increase.

 

 

Risk

There is the risk of an increase on the draft “BID” once it leaves the regional office and forwarded to the state.  The draft “BID” presented by the Acting Zone Manager is lean and in the event that the budget is over expended by the RFS, Council will be required to pay for the over expenditure.

 

The draft “BID” does not include any proposed plant replacement.  Whilst plant is aging, the use of the appliances is minimal and in the event that there was an event, plant and equipment would be sought from other regions.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2011/12 budget incorporated the RFS contribution based on advice of the RFS Area Acting Manager for the Lower North Coast Zone at the April GPC meeting originally set at $235,282.51, however Council staff anticipated a continuation of the unwarranted increase in contributions and allocated $184,000.00 in the 2011/12 budget.

 

Source of fund and any variance to working funds

 

There is no variation anticipated to working funds for this financial year

 

 

 

Attachments:

1View

35291/2011 - Attachment A - RFS Proposed Budget 2012-2013

 

2View

33161/2011 - Attachment B - RFS Budget 2011-12

 

3View

33136/2011 - Attachment C - RFS Estimates - Other Support

 

  


Ordinary Council Meeting - 2 February 2012

Rural Fire Service draft “BID” 2012-2013

 


Ordinary Council Meeting - 2 February 2012

Rural Fire Service draft “BID” 2012-2013

 


Ordinary Council Meeting - 2 February 2012

Rural Fire Service draft “BID” 2012-2013