NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

11 April 2012

cOMMENCING AT 8.30 AM

 

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 last Thursday of each month commencing at 5.30 pm AND the second Wednesday before the last Thursday of each month commencing at 8.30 am. ?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 the day before the meeting meeting day.? The relevant agenda item will be brought forward to the beginning of the agenda, 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 - 11 April 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.

 

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

 

1??????? APOLOGIES

 

2??????? PRAYER

 

3??????? DISCLOSURE OF INTEREST

 

4??????? CONFIRMATION OF MINUTES ? ?????? Ordinary Council Meeting - 15 March 2012

?????????????????????????????????????????????????????????????????? Special Meeting of? Council - 29 March 2012

 

5??????? NOTICES OF MOTION

5.1???? Notice of Motion - Request for Leave - Cr Anne Smyth - 3 to 15 May 2012 (SF1228)

5.2???? Notice of Motion - Support for Start Up and Existing Businesses (SF661)

5.3???? Notice of Motion - Rural Blocks Fronting Sealed Roads but with No Building (Dwelling) Entitlements (SF643)

5.4???? Notice of Motion - Availability of Industrial Land - Macksville & Nambucca Heads (SF477) ?

 

6??????? DELEGATIONS/PUBLIC FORUM

????????? 10.7 Findings of the Odour Testing Free-Range Piggery, Tewinga

????????? i)??????? Mr Brett Goodwin

????????? ii)?????? Peter Henderson

?????????

????????? 11.7 Renaming a Right of Carriageway off Hakea Road Way Way

????????? i)??????? Mr Michael Blockey

????????? ii)?????? Mr Malcolm Middleton

 

????????? 10.10 DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

????????? i)??????? Mr Alan Rudge on behalf of the applicant

????????? ii)?????? Ms Leavina Reed for the applicant

 

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???? Grant Application Status Report - 2 February 2012

9.3???? Section 94 Status Report - September 2011

9.4???? Long Term Investments

9.5???? Acquisition of a Section of Road Reserve for the North Coast Rail Corridor

9.6???? Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

9.7???? Pacific Highway Warrell Creek to Urunga Upgrade - Outcome of Technical Review

9.8???? Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 26 February 2012


 

10????? Director Environment and Planning Report

10.1?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 30 March 2012

10.2?? DA's and CDC's Received and Determined under Delegated Authority to 30 March 2012

10.3?? DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (March 2012)

10.4?? Contract Regulatory Officer's Report March 2012

10.5?? Report on the Minutes of the ACAC Committee Meeting held 6 March 2012

10.6?? Minutes of the Access Committee meetings held 28 February 2012

10.7?? Findings of the Odour Testing Free-Range Piggery, Tewinga - DELEGATION

10.8?? Review of Fees for Cemeteries

10.9?? Planning Proposal LEP Amendment No 7 Rural Tourist Facilities - Result of Exhibition

10.10? DA2012/004 Extension to Medical Centre - 1/1 Marshall Way - DELEGATION

 

11????? Director Engineering Services Report

11.1?? Public response to the donation of the whale sculpture

11.2?? Removal of Chinese Tallowood (Class 3 Noxious Weed) Trees - Dawkins Park, Macksville

11.3?? Professional Lifeguard Services Report for the Contract Period 2011/2012

11.4?? Off River Storage Project ? Amendments To EIS Mitigation Measures

11.5?? Temporary Road Closures for Events on Roads - Anzac Day Marches

11.6?? Applications for B Double Route - Link Road to Tallowwood Road Via Old Coast Road, Mann Street and Hyland Park Road, Nambucca Heads

11.7?? Renaming a Right of Carriageway off Hakea Road Way Way - DELEGATION

11.8?? Nambucca Heads Sewerage Augmentation ? Letter of Commendation from EPA

11.9?? Eungai Creek Bridge

11.10? Tender for the Supply of Ready Mixed Concrete

11.11? Status Report on Waste Matters ????

 

 

 


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???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Notice of Motion

ITEM 5.1????? SF1714??????????? 110412???????? Notice of Motion - Request for Leave - Cr Anne Smyth - 3 to 15 May 2012 Inclusive (SF1228)

 

AUTHOR/ENQUIRIES:???? Anne Smyth, Councillor ????????

 

Summary:

 

Councillor Anne Smyth seeks leave of absence from Thursday 3 May to Tuesday 15 May 2012, inclusive.

 

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Thursday 3 May 2012 to Tuesday 15 May 2012, inclusive.

 

 

OPTIONS:

 

?????????????? That leave be granted.

?????????????? That leave not be granted.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Notice of Motion

ITEM 5.2????? SF1714??????????? 110412???????? Notice of Motion - Support for Start Up and Existing Businesses (SF661)

 

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

 

Summary:

 

The State Government has recently engaged a Small Business Commissioner to evaluate the benefit and cost of services to our local business community.? This review includes the vital service of FREE business assistance to our local businesses through the Business Advisory Service.

 

 

Recommendation:

 

That Council write to Minister Hodgkinson seeking an assurance of the continuation of the Business Advisory Service.

 

 

DISCUSSION:

 

The State Government has recently engaged a Small Business Commissioner to evaluate the benefit and cost of services to our local business community.? This review includes the vital service of FREE business assistance to our local businesses through the Business Advisory Service.

 

The new Small Business Commissioner, Yasmin King, visited coastal shires in October last year to listen to the views of local business owners.? It is important that the Commissioner and State Government are aware of the benefit the Business Advisory Service can bring to our local business owners.

 

The business mentoring system provided by the Service helps to reduce the 80% failure rate of small business and allows experienced mentors the chance to assess those businesses that have the right qualities and commitment and back them with the time and resources needed to get a viable business up and running.

 

Many people in our Shire create their own employment by starting a new business or taking over an existing business.? They do not necessarily come to the new venture with experience in running a business.

 

Advice at the early planning phase is vital in building sustainable businesses and in some cases actually discouraging some people from going ahead before they invest in a business that is not likely to succeed.

 

While the delivery of the Business Advisory Service varies from Local Government Area to Local Government Area, it is important that the service is continued and adequately resourced as a critical strategy to create sustainable jobs, a diverse business base and strong regional communities.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Notice of Motion

ITEM 5.3????? SF1714??????????? 110412???????? Notice of Motion - Rural Blocks Fronting Sealed Roads but with No Building (Dwelling) Entitlements (SF643)

 

AUTHOR/ENQUIRIES:???? Brian Finlayson, Councillor ????????

 

Summary:

 

Council arrange for the Director environment and Planning to provide a report setting the numbers of rural blocks which for various reasons do not have building (dwelling) entitlement but which are located fronting existing sealed roads or are bisected by sealed roads with a view to Council taking steps to provide a process whereby those blocks may obtain a building entitlement.

 

Recommendation:

 

That Council receive a report setting the numbers of rural blocks which for various reasons do not have building (dwelling) entitlement but which are located fronting existing sealed roads or are bisected by sealed roads with a view to Council taking steps to provide a process whereby those blocks may obtain a building entitlement.

 

 

 

DISCUSSION:

 

This is a matter that has been previously touched on in discussion about various matters arising before Council. There seem to be a large number of blocks which front sealed roads or are bisected by sealed roads which blocks are not large enough to enjoy a building entitlement according to the rules that apply to the zones in which they are situated. Generalisations are probably impossible to make but a significant percentage of those blocks were created by road deviations engineered by Council (or perhaps RMS) or by the consequences of the provisions of wills of people who died years ago. Some may exist by virtue of changes to the LEP over the years.

 

In at least some cases a landholder may own say two hectares on one side of a road with another five hectares on the other side. The whole property is not a viable farming unit and even in those cases where the areas might be larger, land holders are faced with the problem of getting machinery or livestock from one side to the other. Whatever the history, there are a large number of blocks (I suspect hundreds) that are agriculturally unviable and which in many cases are simply breeding grounds for camphor laurel tobacco bush and lantana.

 

Assuming it becomes possible for these blocks to obtain building entitlement, the owners will be required to provide electricity (the cost of which in many cases will be prohibitive) and to pay contributions ? the building entitlement may not be the pot of gold that many anticipate. But in general terms it would be a better situation with someone living on those blocks, keeping them tidy, sending some kids to school and hopefully spending some money in the local community.

 

From conversations with Councillors from other shires, it seems that we are not the only Council looking at this. There are further problems in the more westerly sections of this shire where the areas required for building entitlement are larger (and the roads are not sealed).. A landowner with 80 hectares can build a house ? a person with 79 cannot. However at this stage it is probably better to restrict the investigation to properties already fronting sealed roads.

 

DIRECTOR ENVIRONMENT AND PLANNING COMMENT.

 

Discussions with Council's Senior GIS Officer and Strategic Planner have been held to try and estimate what is able to be done and what time allocation would be necessary.

 

1.?? First stage would be to run a "query" for all "polygons" <40ha (<100ha in the upper catchment area) in area fronting bitumen sealed roads.

2.?? Then run a further "query" to delete any property which has an occupied garbage service.

3.?? Then apply the aerial photography to identify any property which appears to have an existing dwelling.

4.?? Then apply Council's current vegetation, regionally significant farmland and flooding overlays to delete any properties constrained.

5.?? Then it will be necessary to review all remaining lots/parcels to identify dwelling entitlements noting that this takes approximately 15-20 mins per review.

 

The Senior GIS Officer has suggested that for his part in the review (items 1-4), it would take between 2-3 full days to complete. Then depending on the final numbers of lots/parcels, item 5 could take some time with approximately 4 lots/parcels being reviewed per hour.

 

In accordance with Department of Planning guidelines, once Council has the above information and resolves to pursue possible dwelling entitlements. Council would need to prepare a Rural Lands Strategy and undertake a review of the Rural Residential Lands Strategy to justify why and how dwelling entitlements should exist. Council must then seek the support and any requirements of the Department of Planning before proceeding.

 

Should Council resolve to review its Rural Residential Lands Strategy or prepare a Rural Lands Strategy as part of this resolution, it would be a Planning Decision and a record of voting is required.

 

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

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Notice of Motion

ITEM 5.4????? SF1714??????????? 110412???????? Notice of Motion - Availability of Industrial Land at Macksville and Nambucca Heads (SF477)

 

AUTHOR/ENQUIRIES:???? Brian Finlayson, Councillor ????????

 

Summary:

 

Council review the availability of industrial (employment) lands at both Nambucca Heads and Macksville and if thought necessary take steps to rezone further land for this purpose.

 

 

Recommendation:

 

That Council review the availability of industrial (employment) lands at both Nambucca Heads and Macksville and if thought necessary take steps to rezone further land for this purpose.

 

 

 

 

DISCUSSION:

 

Apart from the blocks owned by Council along Old Coast road near the intersection with Hyland Park Road, there is no other industrial land available in Nambucca Heads.? The proximity of that land to residential areas probably places constraints on the type of industrial activities that can take place there.

 

There is still some land so zoned in Macksville but most of it is either in a swamp or within one ownership and is contained within a deceased estate.? The asking price for that land when offered to Council, when added to development costs made the prospective price of developed land well beyond an amount that fledgling businesses in Macksville might be expected to pay.? The present owner has not indicated any intention to develop that land.? Other land to which the bus manufacturer intended to relocate (but which did not proceed because of falling orders) lies available but is not zoned appropriately for multiple industrial use, notwithstanding that the owner has gone to considerable expense in preparing it for industrial use.

 

Although there is abundant land zoned at Boggy Creek, there are no services and it is likely that there would have to be a massive industrial presence to justify the expenditure required to establish services there.? In the meantime, smaller industrial undertakings are running out of room in which to become established.

 

In general terms, it is undesirable to leave all land zoned in a particular way within one ownership (such as has happened elsewhere) as this enables a landowner to hold the rest of the Shire to ransom.

 

 

DIRECTOR ENVIRONMENT AND PLANNING COMMENT

 

Council, with assistance of funding from the Department of Planning and Department of Regional Development undertook an Employment Lands Strategy in 2010. This Strategy has been endorsed by the Department of Planning and was used in the Local Environmental Study supporting the Valla Urban Growth Area Rezoning and also the ne Standard Instrument LEP.

 

Some land was identified south of Macksville (Congarinni), and the Strategy identifies some 57Ha in total and suggested that it would be required in the medium (10+years) to long term (25+years). The Strategy also identified that Industrial land in the Nambucca Area would be provided in the new Valla Urban Growth Area.

 

Should Council wish to undertake a preliminary investigation and identification of an area or areas not identified in the Strategy a review of the Strategy will be required and any identified area will need to be assessed against the Sustainability Criteria in Appendix 1 of the Mid North Coast Regional Strategy.

 

Alternatively, if an individual landowner is identified and is willing to pursue a rezoning over their land which is not identified in the Strategy, the Department of Planning and Infrastructure have previously indicated for possible employment lands, that provided the identified land meets the Sustainability Criteria it is prepared to consider an individual Planning Proposal.

 

Should Council resolve to review its Employments Lands Strategy as part of this resolution, it would be a Planning Decision and a record of voting is required.

 

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

 

 

Attachments:

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


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager

ITEM 9.1????? SF959????????????? 110412???????? 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.

Full testing to occur at Senior Citizens Centre on Sunday 11 March.? Issues with testing on 11 March 2012.? Further testing to be scheduled.

 


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.

 

Staffing and end of month deadlines means this requirement will always be difficult to meet.

 

 


 

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.

 

Pre-School advised to proceed with preparation of easements for bush fire hazard reduction.

 

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.

MARCH 2011

7

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.

 

DEP advised meeting arranged with RTA.

 

Draft flood study likely to be presented to Council April/May 2012.

 


 

MAY 2011

8

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

9

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

10

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.

11

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.

SEPTEMBER 2011

12

SF21

1/09/2011

Council investigate an effluent management system for the Saleyards

 

GM

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

 

 

13

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.

14

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.

 

Deferred to 26 April Council meeting.

OCTOBER 2011

15

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.

16

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.? WorkCover had advised they will be undertaking an audit of the Saleyards at 9am on Friday 13 April 2012.

 

17

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.

 

Further work being undertaken on the policy emanating from the resolutions of Council?s meeting 2/2/12.? Draft policy will now be provided to Councillors for comment at end of February.

Due to natural disasters deferred to April 2012.

 

18

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 arrangements with other Councils.

 

Order has been placed for Spydus software.

 

Librarian position advertised closing 23 April.

 

19

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.

 

Decision made to defer pending determination by IPART re special variation.

 

20

 

 

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.

 

Follow up letter sent to WorkCover Authority on 3 February 2012.? Local office telephoned and promised it would be attended to.

 

Further follow up letter sent on 6 March 2012.

 

Audit by WorkCover to be undertaken at 9am on Friday 13 April 2012.

 

Advice has been received from the Office of Environment & Heritage.

21

 

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.

 

22

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.

23

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.

 

 

24

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.

 

Deferred to April due to natural disaster assessments taking preference over other business.

DECEMBER 2011

25

SF1496

1/12/2011

Council receive a report on consistent terminology for reporting forecast flood frequency, for example 1 in 100 ARI floods.

 

DEP

To January Council meeting.

Deferred to February Council meeting.

Further deferred to April 2012.

 

26

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   

 

 

 

27

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 sent to NSW Forests 6 February 2012

 

No response as at 6 March 2012.

 

28

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.? Follow up letter sent 22 February 2012.

 

No response as at 6 March 2012.

JANUARY 2012

29

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

Will be scheduled once application is ready for determination.

30

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

 

Acknowledgement letters have been received advising that matter is being investigated.

31

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 Council?s December resolution (provided to Councillors 20 Jan 2012)

 

Acknowledgement letters have been received advising that matter is being investigated.

 

32

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.

FEBRUARY 2012

33

GB2/12

02/02/2012

Appropriate sized nesting boxes be place in trees in close proximity to the Cabbage Gum site (Link Road)

DES

20 nesting boxes organised and will be installed once they have been received; two advanced trees ordered and will be planted.

 

34

SF741

16/02/2012

That a further report be prepared (on the Paveline) for the year July 2011 to June 2012 for comparison with the same period in the previous year.

 

DES

August 2012

MARCH 2012

35

SF959

1/03/2012

Council write to the Hon. Katrina Hodgkinson requesting clarification as to the Native Title Tribunal claim involving the Gumma (Boultons Crossing) Reserve.

 

GM

Letter sent 6 March 2012.

36

DA2011/122

1/03/2012

Re road name Kenwil Drive, that the matter be deferred to enable the policy to be reviewed and exhibited and then the recommendation, that Council advertise its intention to name the road ?Ken Wilson Drive? be reconsidered.

 

DES

In accordance with Council?s direction for 3 weeks notice the matter will be considered in May 2012.

37

SF341

15/03/2012

Council incorporate a question in its 2013 Resident Satisfaction Survey on community attitudes to vehicles on beaches.

GM

Survey to be arranged to be conducted in 2013.

38

SF327

15/03/2012

Council consider making a budget provision of $4,000 to the Nambucca District Band Committee of Management for 2012/2013.

 

GM

To be considered in budget.

39

SF394

15/03/2012

Council receive a report on all long term funds.

 

GM

To be reported to meeting on 11 April 2012.

40

SF281

15/03/2012

Council staff report to Council regarding the use of Facebook or Twitter to communicate with young people.

 

DEP

Referred to Youth Developement Officer for investigation and report to Council.

41

SF777

15/03/2012

Council write to the Hon. Tony Burke MP asking what public consultation occurred prior to the determination re Lowland Rainforest EEC; also requesting any available mapping; and seeking assistance for ground truthing.

 

DEP

Letter sent 3 April 2012.

42

SF772

15/03/2012

Council write to the Minister seeking support to have the Manufactured Home Estate Caravan Park & Camping Regs amended to include a requirement for the provision of a detailed emergency evacuation plan for all occupants.

 

DEP

Letter sent 3 April 2012.

43

SF1676

15/03/2012

There be a complete report on all non-recurrent expenditure items in the Engineering Dept. budget including water, sewer, and plant acquisition.? The report is to provide details of the original budget estimates and expenditure to date with comment on any anticipated variance or delay in project completion.

 

DES

Draft format being prepared for presentation to 26 April 2012.

44

SF1743

15/03/2012

The tree register be referred back to the DES so that he may prepare a further report and recommendation to Council on a proposal which addresses historic, senescent or publicly significant trees on public land in urban areas.

 

DES

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager

ITEM 9.2????? SF1120??????????? 110412???????? 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 March 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) $11,938

 

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

$4,171

$1,729

$4,650

$1,999

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.

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?

 

SUCCESSFUL APPLICATIONS IN THIS PERIOD:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Department of Sport and Recreation Facilities Grant

Closed 15 April 2011

1. $480

(received half requested funds)

2. $4761

(received only partial funding)

 

 

NA

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

2. Bowraville Cricket Club Nets and Pitch

Total year to date

$1,988,080

 

 

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 2010

$50,000

$50,000

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

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.

Clean Energy Future

Biodiversity Fund 2012

Closed 31 January 2012

$455,000

$30,00

(in-kind)

Invasive species control on cliffs and high conservation areas on the coastal rringe of the Nambucca Valley

Community Arts Support Program

Closed 10 February 2012

$1,000

NA

Unkya CoM to contribute some funds

Creation of mosaic artwork ?The Harmony Tree? for Unkya Reserve

Foundation for Rural and Regional Renewal

Closes 24 February 2012

$5,000

NA

Valla Beach Comm Assc to contribute

Storage shed for storing VBCA equipment.

Office of Environment and Heritage NSW

Closed 28 February 2012

$80,000

$40,000*

 

Nambucca Shire Beaches Access way Improvement Program (unsuccessful in previous round, so resubmitted in new round)

Office of Environment and Heritage NSW

Closed 28 February 2012

$80,000

$40,000**

Gumma Reserve Water Management Regime

Wetlandcare to contribute $40,000

Indigenous Sport and Active Recreation Program Prime Minister and Cabinet

Closed 9 March 2012

$338,478

NA

Three-year program employing Ritchie Donovan and Paul Evans to continue to deliver Sport and Well-Being/Sports Facilitation program at Buz Brazel Oval

 

Foundation for Rural and Regional Renewal

Closed 30 March 2012

$4000

 

$2000

 

$2000

NA

Valla Hall ? plastic barrier curtains for veranda

Burrapine Hall ? water tank and 2 toilet cisterns

Eungai Hall ? water tank, plumbing and guttering

NSW Govt ? Local Infrastructure Renewal Scheme (LIRS)

 

4% interest rate subsidy

NIL

Council has made application for an interest rate subsidy under LIRS for the construction of three bridges (Touts, Lavertys & Eungai Creek) which have combined value of $1.314million.

 

*??????? 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.

**?????? From the Environmental Levy Fund, subject to Minister approving rate increase.

 

Please note that no application was made for the anti-graffiti project which Council considered at its meeting of 16 February 2012 due to a lack of evidence of ?graffiti hotspots? and a lack of interest from members of the community with whom I consulted. The project required strong community involvement and I was unsuccessful in identifying a group within the community that wanted to develop a project to be funded. Also, the Police were unable to provide statistics to confirm graffiti is a problem.

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Department of Sport and Recreation Facilities Grant

Closed 15 April 2011

$406,870

$62,194

 

 

 

E J Biffin Drainage Improvement

Unkya Reserve Playground equipment and toilets

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager

ITEM 9.3????? SF544????????????? 110412???????? Section 94 Status Report - September 2011

 

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

 

Summary:

 

The Grants Officer, incorporating duties associated with Section 94, has reviewed the status of S.94 Contribution Plans and provides the following report identifying key activities and issues in the short to medium term.

 

 

Recommendation:

 

1??????? That the Section 94 Status Report ? April 2012 be received.

 

2??????? That Section 94 activities as outlined in the report be endorsed.

 

 

 

OPTIONS:

 

There are no other options.

 

REPORT:

 

The Council last received a status report in relation to the Section 94 Contribution Plans (CPs) in September 2011. That report was prepared based on the status report provided to Council by the former Section 94 Coordinator. In the time between September 2011 and now, the Grants Officer has spent some time reviewing the CPs under which contributions are currently collected and must revise her September 2011 advice that no plans require review. All but three of the CPs (Smiths Lane, Bellwood and Community Facilities and Open Space) require some action. This report also provides an update on the financial status of s.94 contributions as at end FY 2010/2011 (the latest for which confirmed figures are available).?

 

DISCUSSION:

 

An overview of the operative CPs is provided:

 

Community Facilities and Public Open Space 2008

Works schedule has been updated and a new document is to be placed on website.

Five-year review is scheduled for 2013.

 

Bellwood Local Roads and Traffic Infrastructure Contribution Plan 2009

Awaiting a final decision on the timing of the upgrade of the Pacific Highway between Warrell Creek and Nambucca Heads before a review is undertaken.

 

Smiths Lane Local roads and Traffic Infrastructure Contribution Plan 2010

Current ? no need to review until 2015.

 

Surf Life Saving Infrastructure Contribution Plan 2007 - 2012

Due for review now to maintain currency of work schedule which concludes at end of this financial year.

 

South Macksville Road Works 2005

Overdue for review (should have occurred in 2010).

Review now urgent and underway as project costs have been estimated at three times the original costs (from $420,000 to $1.2 million)

Approval processes are planned to be undertaken in May (Council, Department of Planning and Infrastructure, Public Exhibition).

 

Project Administration Contribution Plan 2007

Due for review this year. A decision will need to be made about whether the plan should be repealed or maintained, based on an assessment of Council?s future s.94 needs. A recommendation will be presented to Council following a review of the plan.

This budget is in arrears and a preferred way to recoup money will need to be identified.

 

Car Parking ? Macksville 2003, Nambucca Heads 1999

Council has asked for a review of these plans, which has not yet been undertaken.?

 

Mining 1999

No contributions are collected under this plan currently, however it should be reviewed and updated if required in case it is needed in future.

 

Bald Hill Road Works (not dated, but Council decision made in 1990)

Review required. Contributions from future development in the catchment will enable Council to recoup costs associated with road construction, or contributions could be collected under the future Local Roads Contribution Plan when it is in place.?

 

Hyland Park Road (not dated, but Council decision made in 1986)

Review required. If cost of road construction has been recovered the plan should be repealed and no further contributions collected.

 

Upper Warrell Creek Railway (not dated)

Review required. Contributions from future development in the catchment will enable Council to recoup the costs of this project, however plan should be reviewed to be consistent with best practice.

 

Scotts Head/Grassy Head Intersection

Could be repealed if all works have been completed.? To be confirmed with DES.

 

Valla Beach Road Overbridge

Could be repealed if all works have been completed.? To be confirmed with DES.

 

Local Roads (in development)

Planning meetings have been conducted with DES and DEP to scope the project. A past Council recommendation identified the need for specialist assistance to develop this plan and it is the Grants Officer?s belief that these specialist skills are required. She will be attending a two-day course on Development Contributions in late June 2012 and will have a better understanding of the work required at that time, however some specialist skills may need to be contracted to contribute to the development of this plan, to assist the Grants Officer.

 

General issues

- April/May is the target date for public exhibition required for the update of the South Macksville Road Works CP as well as public notice of the repeal of the plans identified above.

- The Grants Officer, in consultation with relevant Council staff, will look at ways to improve the s.94 process, including developing a s.94 ?ready reckoner? so development applicants can estimate via the internet what charges they are likely to incur.

- New statistical information should be available in June/July 2012 from the 2011 ABS Census to input into plans that are due for review.

- Given the cessation of Council?s partnership with Clarence Regional Library, there may be a need for a s.94 Contributions Plan to be developed for the Shire?s libraries. This possibility will be explored in future.

 

Financial status

 

The following amounts had been received as at the end of Financial Year 2010/2011

 

Public Recreation:???????????????????? $927,593.59

Car Parking: ???????????????????????????? ?$? 70,860.20

Urban Roads: ?????????????????????????? ?$? 46,306.48

Rural Sealed: ?????????????????????????? -$122, 952.44

Rural Sealed (contractors)????????? $182,213.34

Rural unsealed????????????????????????? $? 35,190.99

Intersections???????????????????????????? $261,718.93

Valla Beach Overbridge????????????? $? 34,758.50

Warrell Creek Overbridge??????????? $? 42,860.45

Bus shelters???????????????????????????? $??? 8,934.48

Bellwood (new)????????????????????????? $? 30,600.95

Surf Life Saving???????????????????????? $? 20,990.26

Project Administration??????????????? -$132,030.43

 

 

CONSULTATION:

 

Accountant

General Manager

Director Environment and Planning

Manager Technical Services

Senior Town Planner

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues as a result of this report.

 

Social

 

There are no social issues as a result of this report.

 

Economic

 

Section 94 developer contributions represent a significant income stream for Council and provide for upgrading essential infrastructure to meet demands of a growing population. The review of plans will help ensure project costs are accurate and contribution rates justifiable.

 

Risk

 

There may be some slight reduction in contributions received when plans are repealed, however the Council is exposed to possible litigation if contributions are collected when they are no longer required.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact on the current budget.

 

Source of fund and any variance to working funds

 

No variance to works funds required.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager's Report

ITEM 9.4????? SF394????????????? 110412???????? Long Term Investments

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager; Faye Hawthorne, Accountant ????????

 

Summary:

 

The report considers the performance of Council?s investments, other than those in term deposits.? Based on the advice of Council?s investment advisor, CPG Research and Advisory it is not recommended that Council divest itself of any of these investments at this time.

 

 

Recommendation:

 

1??????? The General Manager be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years.? Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice received from CPG Advisory.

 

2??????? That the information concerning Council?s investments be received.

 

 

OPTIONS:

 

There are no real options.? Whilst Council does not have to accept the recommendations of its professional investment adviser (CPG Research and Advisory Pty Ltd), they have a record of providing Council with sound and reliable advice both before and after the GFC.? Council chose to ignore their recommendation to participate in a run-off vehicle (fund) for the BlackRock Diversified Credit Fund and instead chose to liquidate the asset in ?fire sale? circumstances post GFC.? CPG estimates that this decision resulted in Council recouping $200,000 less than would have been achieved if it had accepted their advice and participated in the run off fund.

?

DISCUSSION:

 

At Council?s meeting on 15 March 2012 it was resolved that Council receive a report on its long term funds.

 

It is understood that the required report is to address Council?s investments other than those in term deposits.

 

To put this in perspective, as at 29 February 2012 Council had investments of $24.43m in term deposits and $7.28m in other funds.? That is, about 23% of Council?s total investment portfolio of $31.71m is in funds, other than term deposits.? However two of these are ?on call? accounts required for operational reasons.? Therefore the investments which are the primary focus of this report are those in Macquarie Global Income Opportunity; NSW Treasury Corp and Averon II.? These three funds account for $4.85m or about 15% of Council?s total investments.

 

The performance of the funds is shown in the investment report to 28 February 2012 as follows:

 

 

Institution

Amount

Period (Days)

Performance for Month

Returns This Month

Annualised Performance FYTD

Returns FYTD

 

 

 

UBS Wealth M'ment Aust Ltd

?$197,706.60

31

-0.16%

-$309.91

5.17%

?$6,918.18

Interest Paid Daily each Quarter

ANZ (On call)

?$2,234,656.91

31

4.00%

?$7,550.80

2.22%

?$34,656.91

 

 

 

Macquarie Global Income Opportunity

?$3,480,878.57

31

1.22%

?$42,057.99

2.42%

?$83,106.53

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Coupons Paid to Date

Annualised Performance FYTD

 

 

NSW Treasury Corp

?$955,126.60

31

1.82%

$17,038.69

-$56,198.20

N/A

-0.08%

 

 

Averon II*

?$416,050.00

31

0.00%

$? -?

-$83,950.00

$28,396.10

0.04%

 

 

 

*Council no longer has funds invested in the Longreach series.? Following advice from CPG Advisory it exited these funds in late 2011.

 

From the same report, the average interest rate on Council?s 27 term deposits is 6.12%.? These term deposits have returns varying from a low of 5.47% to a high of 7.15%.? Generally the higher returns come from a longer term.

 

The following provides comments on each of these investments.

 

UBS Wealth Management Australia Ltd

 

This investment is a holding account for Council?s investment advisor CPG Advisory.? They draw funds from the account to make investments and also use the account to deposit funds from redemptions and to make interest payments.? As a holding account it shouldn?t be expected that returns would match a term deposit.? For the financial year to date a return of 5.17% is considered reasonable.? The return in the previous 2010/20122 financial year was 6.72%.

 

ANZ (on call)

 

This is an on call account used to pay creditors.? Similar to the UBS Wealth Management account, the balance in this account varies significantly.? For example, one week in March 2012 Council made payments to creditors of about $1m.? Council?s Accountant has to manage Council?s cash to ensure there is sufficient funds in this account to pay creditors but also not to have excessive cash which could otherwise generate a higher rate of return in a term deposit.? This task becomes more complex when Council undertakes major capital works by contract.

 

Initially ANZ provided a 6% interest rate on the average balance of this account for a fixed term.? However this interest rate dropped at the expiration of the term.? Recent representations to ANZ resulted in the 4.5% return being reinstated.

 

Macquarie Global Income Opportunity

 

There is commentary on this investment in the attached report from CPG Advisory.? Whilst the return of 2.42% for the financial year to date has been disappointing it should be noted that the investment return in 2010/2011 was 8.67%.? CPG quote a 3 year return of 8.5% being double the cash rate.

 

CPG Advisory recommends the retention of the investment as there are few other investments offering the same combination of yield, credit quality and liquidity.? They note the investment survived the GFC while when many investment types held by other councils crumbled.

 

NSW Treasury Corp

 

The attached report from CPG Advisory advises that the TCorp ?Hour Glass Long Term Growth Facility? is primarily a stockmarket fund and as such has behaved quite predictably in line with the share market.

 

CPG believes that over the long term it will probably outperform fixed interest.? Their argument is fairly persuasive, ie if it was genuinely expected that investing in businesses would return less than 4% forever, it implies an effective collapse of the economic system.? This is not impossible, but at the same time not likely.

 

Whilst the return for the financial year to date has been a disappointing -0.08%, in the previous 2010/2011 financial year it provided a respectable 6.91% return.

 

An important principle in managing an investment portfolio of $32m is to reduce risk through diversification.? Following the change in the Ministerial investment orders post GFC, essentially limiting new investments to term deposits and the TCorp facility, the large majority of Council?s investments are now in term deposits and on-call accounts.? The TCorp facility will represent a significant growth opportunity when growth in the share market returns.? Some may argue the question should be ?if? growth in the share market returns but the assessment by CPG is supported, ie the ?when? is more likely than the ?if?.

 

Averon II

 

The performance of Averon II was reported to Council on 17 November 2011 at the same time as it received advice about exiting from the Longreach products.

 

The Averon II investment is capital protected and has just over two years to maturity (June 2014).

 

According to CPG Advisory, the underlying bond/collateral for Averon II is a Dexia covered bond, which is a very illiquid line (not a lot of trading).? Dexia (the company) needed to be bailed out/nationalised by the Belgium government in October 2011.? Combined with the backdrop of the current European debt crisis, the value of the Dexia covered bond has continued to drop.

 

CPG recommends that Council retain this investment as at a mid-price of 79.21, with approximately 2 to 2.5 years to maturity, the yield to maturity is around 9.7% p.a.? If the security was redeemed now, not only would Council get less than 79.21 due to unwind and exit costs, but there are no other securities it can invest in (switch) that is offering a higher yield than 9.7% p.a.

 

Therefore Council has a choice of making a capital loss on the investment of 20.79% or retaining it with a guaranteed return of 9.66% p.a to maturity.? The answer is fairly obvious and is reinforced in more recent advice from CPG Advisory which is attached.

 

Future Investments

 

At Council?s meeting on 21 April 2011 it was resolved as follows:

 

?The General Manager be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years provided the total portfolio exceeding 2 years is not more than $5m.

 

Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice received from CPG Advisory?.

 

Council is now approaching the $5m limit for term deposits with a life of more than 2 years.

 

Whilst the opportunity for further longer dated term deposits will depend on advice from CPG Advisory and in turn the interest rate spreads between short and long term as well as Council?s liquidity requirements, it is recommended that the $5m limit be lifted to enable the Accountant to quickly respond to recommendations from CPG in relation to favourable term deposit offers from the banks.

 

CONSULTATION:

 

There has been consultation with Council?s investment adviser CPG Research and Advisory Pty Ltd.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no particular risks, other than those associated with managing an investment portfolio of about $31m.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

8175/2012 - Report on Long Term Investments

 

2View

6772/2012 - Update on Averon II and TCorp for Council Meeting

 

??


Ordinary Council Meeting - 11 April 2012

Long Term Investments

 








Ordinary Council Meeting - 11 April 2012

Long Term Investments

 

Hi Faye

 

We?ve discussed Averon II in the past ? both via email correspondence and quarterly reports and much has continued. The security is a capital protected note and during the GFC, the note fully delevered. This meant that it has stopped paying any coupons/periodic interest payments. On a mark-to-market basis, if you redeem and withdraw from the note prior to its maturity on 20/06/2014, Council would be realising a capital loss (currently close to somewhere around 20% of original face value). However, if the security is held to maturity, Council would receive its original face value back i.e. and not incur a capital loss.

 

The question then remains, is it better to take redeem immediately, take a capital loss or hold until maturity and not realise a capital loss? If you redeem immediately and incur a capital loss, where would you invest the proceeds from the sale? You would only redeem if you can find another investment that is yielding a higher return than if you were to simply hold to maturity and receive the full capital back. This is called the yield-to-maturity (ytm). The ytm for the Averon II note is above 10% p.a. (based on exit prices ? price you receive from redeeming). Now in the current investible universe i.e. TD?s, senior FRNs, cash at-call accounts, etc., there are no assets you can invest where the return is greater than 10% p.a. As such, we would not recommend Council to redeem and therefore hold onto the security at this stage. It is only if the sale price is favourable and/or there is an alternative asset (that can be invested) which is paying a higher return, then this would only be case where we would recommend Council to redeem prior to maturity.

 

With regards to the T-Corp Growth Fund, it is typically invested in 70% growth assets including Australian and international shares, listed property and emerging markets. The remainder of assets is invested in more conservative securities such as cash and Australian bonds. The Fund is more volatile given the underlying investments and it has and will continue to return negative monthly returns. In fact, like most growth assets including shares, over the longer-term, due to the GFC and poor market conditions, it has provided some negative returns. Over 3 years, its returned +9.2% p.a. while over 5 years its returned -0.2% p.a. This shows the volatile nature of growth assets and funds such as T-Corp Growth Fund.

 

Ultimately however, we can't be compelled to recommend to sell at these levels. The reason is credit has always led, and credit has been fairly strong this year. High yield spreads have narrowed by over 200bps (to 600bps). Even bank credit default swaps (CDS) have narrowed up to 100bps - even while FRNs blew out. We would recommend Council to sell the growth fund when shares become stronger, or if high yield collapses.

 

However, it does also go back to basics in terms of Council?s risk tolerance. Can it continue to withstand potentially another flat (0%) or even negative year in the T-Corp Fund? If not, the option would be to redeem and invest into a longer-dated fixed TD at 6.7% for 5 years (which we believe is a good result given the possibility of a low interest rate environment for a long time). T-Corp Growth may return +10% p.a. over that same time or it may return lower or even higher than that. Would Council be satisfied with 6.7%p.a.? This is the sort of discussion that needs to take place internally.

 

 

Kind Regards

 

Michael Chandra

Advisor - Fixed Interest

Description: cid:image001.jpg@01CA0616.EED95C70

 

Level 3, 23-25 O?Connell Street, Sydney 2000

PH +61 2 8246 8812  FAX +61 2 8246 8899

EMAIL  michael.chandra@cpgadvisory.com.au

www.cpgadvisory.com.au

ABN 93 052 348 026   AFSL No 243361

 

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager's Report

ITEM 9.5????? SF600????????????? 110412???????? Acquisition of a Section of Road Reserve for the North Coast Rail Corridor

 

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

 

Summary:

 

The report is short.? A summary is not required.

 

 

Recommendation:

 

1??????? That Council agree to the compulsory acquisition of the nominated road reservation under Section 30 of the Land Acquisition (Just Terms Compensation) Act.

 

2??????? That Council agree to compensation of $7,000 plus GST.

 

3??????? That where required, Council?s seal be attached to documents required for the Section 30 deed and for the transfer of the land.

 

 

OPTIONS:

 

Council could dispute the offered compensation but would need to be prepared to commit funds to undertaking a valuation.? Given the nature of the land which is located between the road reservation and the rail reservation as well as the cost of obtaining a valuation, it is not considered there is any benefit in disputing the valuation.

 

DISCUSSION:

 

There is currently a project underway to ?ease? a curve on the North Coast Railway Line as shown on the attached plan.? The site is situated on the section of track between Nambucca Heads and Raleigh, 4km north of Nambucca Heads.? Apparently Transport Express JV were liaising with the RMS (RTA) with regard to access and compulsory acquisition for some time until it was determined that it was actually Council and not the RMS who owned the land.

 

Council has received the attached letter from Transport Express JV acting on behalf of the Australian Rail Track Corporation (ARTC) advising they have determined the extent of land proposed to be acquired from Council to accommodate the infrastructure associated with their project and are in the process of preparing and registering a deposited plan for the purposes of a compulsory acquisition of a section of Council?s road reservation.? The area required is approximately 1.008ha.? There are no improvements on the land and Council does not actively maintain the land.

 

They also advise that the ARTC has commissioned a valuation report that has determined the assessment of compensation in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 at $7,000.

 

Transport Express JV seeks Council?s agreement to the amount of compensation and also seek confirmation of Council?s agreement, in principle, to the compulsory acquisition of the land under Section 30 of the Land Acquisition (Just Terms Compensation) Act.? If so, ARTC will prepare a Section 30 Deed which sets out the process of acquisition and compensation payment for the acquired land.

 

It is understood that the encroachment of the railway line works onto the road reservation only became apparent after the works had commenced.

 

The section of road reservation which is proposed to be compulsorily acquired will have no impact on Council?s road network and accordingly Council should agree to the compulsory acquisition for the nominated compensation.

 

CONSULTATION:

 

There was a report to Council?s meeting on 20 October 2011 in relation to the proposed acquisition.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.? A review of environmental factors previously submitted to Council indicated that the rail curve easing was unlikely to have a significant impact on any threatened flora of fauna.

 

Social

 

There are no significant social issues.

 

Economic

 

There are no economic issues.

 

Risk

 

There is no discernible risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The compensation for the land will have a minor impact on Council?s budget.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

7835/2012 - Request for Council's agreement

 

??


Ordinary Council Meeting - 11 April 2012

Acquisition of a Section of Road Reserve for the North Coast Rail Corridor

 



Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager's Report

ITEM 9.6????? SF600????????????? 110412???????? Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

 

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

 

?Summary:

 

The Nambucca River Jockey Club has asked Council to reconsider a resolution to require a first right of refusal or buy back option in the requested sale of Council owned land which comprises part of the Bowraville racecourse.? In lieu of obtaining a valuation for the sale of the land which was also resolved by Council, the Club has offered to acquire the land for $4,000 and meet Council?s reasonable expenses in the reclassification of the land.

 

The Club?s request for reconsideration of the resolutions is supported.

 

 

Recommendation:

 

1??????? That Council support representations by the Nambucca River Jockey Club for the transfer of the Trust Management for Reserve D540002 from Council to the Nambucca River Jockey Club.

 

2??????? That Council advise the Nambucca River Jockey Club that it is willing to sell Lots 3 and 4 DP 596774 for $4,000 plus GST subject to the land being reclassified from community land to operational land.

 

3??????? That, In relation to the reclassification of the land, the Nambucca River Jockey Club be advised they will be required to meet Council?s reasonable expenses being the $1,574 (including GST) fee for a planning proposal plus the fee (at cost) for the independent person to conduct the public inquiry.

 

4??????? That the Nambucca River Jockey Club be advised that they will be required to meet all of Council?s legal costs in relation to the transfer of the land and all expenses associated with Reserve D540002.

 

5??????? That following receipt of the fee for a planning proposal from the Nambucca River Jockey Club, Council proceed to undertake the reclassification of Lots 3 and 4 DP 593774 from community to operational land and that the General Manager be provided with delegated authority to appoint an independent person to undertake the public hearing.

 

 

OPTIONS:

 

Council has discretion as to whether it sells the land to the Nambucca River Jockey Club or not.? It also has discretion in relation to the price it will accept for the land.

 

DISCUSSION:

 

Council is the registered proprietor of Lot 3 and 4 in DP 593774 being the land upon which the Nambucca River Jockey Club has its clubhouse and racing facilities (Lot 3) and land forming the starting run to the racecourse proper (Lot 4).? The land is classified as community land.

 

Council is also the Trust Manager for Reserve D540002 being the racecourse proper.? The Reserve is gazetted as a Public Recreation Reserve.

 

Both Lots 3 & 4 in DP 593774 and the Crown Reserve are leased to the Nambucca River Jockey Club until September 2013.? The leases are interdependent.? The rental on each lease is set at the minimum statutory rent of $396.00 per annum.

 

A map showing the land is attached.

 

In 2009, the Nambucca River Jockey Club requested Council consider selling the Council owned land to the Club and transferring the Crown Reserve Management to the Club.

 

The Club advises that Racing NSW (the controlling body of Thoroughbred Racing in NSW) is in the process of establishing a minimum venue standard for every racing and training venue in NSW.? The Club has advised that they are committed to achieving minimum standards to ensure the ongoing operation of the racecourse.

 

The Club?s commitment to the ongoing operation of the racecourse however presents a less than ideal situation for the Club insofar as the Club?s capital expenditure on assets will be committed to land they do not own or control.? It should be noted that currently the majority of improvements to the racecourse facilities have been financed and completed by the Jockey Club.

 

The Club does not propose to change the current operation of the facility or reserve other than to effect improvements that may be required to meet the minimum venue requirements required by Racing NSW? so as to best ensure continued operation.

 

At Council?s meeting on 12 July 2009 it was resolved:

 

1????????? That Council agree in principle to a proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club subject to negotiation of terms satisfactory to Council.? These terms are to include the right of first refusal or a buy back option for the price for which the land is sold in the event the Nambucca River Jockey Club seeks to sell or transfer the land in the future.?

 

2????????? That Council write to the Nambucca River Jockey Club requesting details of their proposal to meet the minimum venue standards.

 

3????????? That Council receive a report from the Property Officer detailing the suggested terms of the proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club for their further consideration of the matter.

 

4????????? That Council obtain a valuation for the sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774, the cost of the valuation to be met by the Nambucca River Jockey Club.

 

Council has now received the attached letter from the Nambucca River Jockey Club.

 

In essence the Club seeks the reconsideration of resolutions 1 and 4.

 

In relation to resolution no. 1 the Club advises that their constitution effectively protects the community?s interests if, in the unlikely event, there was rationalisation in the racing industry which resulted in deregistration of the Club.? The Club?s contention is supported and it is agreed that Council not require a first right of refusal or a buy back option in the event the Club seeks to sell or transfer the land in the future.

 

In relation to resolution no. 4, the Club has put forward for consideration a sale price of $4,000 noting the value of the improvements they have undertaken; the cost of a valuation; the importance of the racecourse for our local tourism industry; and the community benefit in the use of Club facilities for other functions such as markets, the annual tree fair, presentation days, charity days etc.? The Club has also offered to meet Council?s reasonable costs in reclassifying the land from community to operational and for all of the outgoings of the reserve.? This would presumably include the pump out of the septic tank at the public toilets for which the Club has been claiming a reimbursement from Council as the toilets are open for general use (not only racegoers).

 

Again the Club?s contentions are supported and it is recommended that Council proceed to reclassify the land from community to operational so as to be able to sell Lots 3 and 4 DP 596774 to the Nambucca River Jockey Club for $4,000 plus GST.? Council should also accept the Club?s offer to meet its reasonable expenses in the reclassification of the land as well as meeting all of the outgoings for the reserve.

 

Under Sections 29 and 47G of the Local Government Act, Council must employ an independent person to conduct a public hearing into the proposed reclassification of lots 3 and 4 DP 596774.? The reclassification must proceed as a planning proposal.? This process is arduous and it is proposed that the Club be requested to pay Council?s adopted charge for a planning proposal being $1,574 plus the fee for the independent person to conduct the public hearing at cost.

 

CONSULTATION:

 

The Mayor and Manager Business Development has met with representatives of the Nambucca River Jockey Club.

 

The merits of the contentions put forward by the Nambucca River Jockey Club have been discussed with the Manager Business Development.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.? The use of the Bowraville Racecourse will be unchanged.

 

Economic

 

The proposed transfer of land will provide the Nambucca River Jockey Club with greater certainty in undertaking further investment in the upgrading of the Bowraville Racecourse.? Their ownership of the land may also improve their ability to obtain finance.

 

Risk

 

There is no discernible risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no significant impact on Council?s current or future budgets.? There will be a minor ($4,000) revenue gain from the sale of the land.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

16537/2009 - Map or the Bowraville Racecourse Precinct

 

2View

7571/2012 - Nambucca River Jockey Club request

 

??


Ordinary Council Meeting - 11 April 2012

Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

 


Ordinary Council Meeting - 11 April 2012

Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

 




Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager's Report

ITEM 9.7????? SF841????????????? 110412???????? Pacific Highway Warrell Creek to Urunga Upgrade - Outcome of Technical Review

 

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

 

Summary:

 

The report is short.? There is no requirement for a summary.

 

 

Recommendation:

 

That the information concerning the findings of the technical review of the alignment of the Pacific Highway upgrade between Macksville and Nambucca Heads be received.

 

 

OPTIONS:

 

Council can make a submission if it chooses to.? However given that a team of experts and specialists independent of the original project team has undertaken a detailed assessment of the relative merits of the two alignments there is limited scope to query or challenge the findings of the technical review.

 

 

DISCUSSION:

 

Council has received the attached letter from Roads and Maritime Services.

 

The letter indicates that the review of the alignment of the eight kilometre section of the Pacific Highway upgrade between Macksville and Nambucca Heads has determined that the approved alignment is preferred to the alternative alignment put forward by a number of residents.

 

The draft technical review paper is available for community comment until Friday 20 April 2012.? RMS will then collate and consider the comments and then make a recommendation to the Minister for Roads and Ports.

 

 

CONSULTATION:

 

The RMS has provided the Mayor and Acting Director Engineering Services with a briefing.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no new environmental implications.

 

Social

 

There are no new social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

The on-going delay in upgrading the Pacific Highway through the Nambucca Valley is a major risk to the safety and well-being of local residents and highway users generally.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

8102/2012 - Draft technical review outcome - Warrell Creek to Urunga

 

??


Ordinary Council Meeting - 11 April 2012

Pacific Highway Warrell Creek to Urunga Upgrade - Outcome of Technical Review

 



Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

General Manager's Report

ITEM 9.8????? SF342????????????? 110412???????? Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 26 February 2012

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Valla Beach Tennis Courts Committee of Management (which was held on Sunday 26 February 2012) and the new Committee.? A copy of the minutes, including the Treasurer?s report are attached.

LEFT 2 MESSAGES AGAIN ON 22/3

 

 

Recommendation:

 

That Council endorse the Valla Beach Tennis Courts Committee of Management?s minutes of the Annual General Meeting held on 26 February 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Tennis Club Committee of Management was held on Sunday 26 February 2012.

 

The Committee of Management for the ensuing year consists of the following Office Bearers:

 

????????? President ?????????????????????? Ron Henderson

????????? Vice President???????????????? Col McAulay

????????? Secretary??????????????????????? Carol Andersen

????????? Treasurer???????????????????????? Joanna Fox

????????? Membership Secretary???? Bruce Andersen

????????? Committee????????????????????? Sylvia Harris

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.


Economic

 

There are no economic implications.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

 

Attachments:

1View

6198/2012 - Minutes of AGM held 26 February 2012

 

2View

7734/2012 - Treasurer's Report

 

??


Ordinary Council Meeting - 11 April 2012

Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 26 February 2012

 




Ordinary Council Meeting - 11 April 2012

Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 26 February 2012

 


?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.1??? SF1709??????????? 110412???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 30 March 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: ????? UNRESOLVED 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.

Council has resolved outstanding matters in relation to the easement.

Application referred to RFS on 27 March 2012

Application being assessed

 

 


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

2011/165

4/10/11

Rural Dwelling-House

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

? Concerns with the position of the road

Requires a modification as outside approved dwelling envelope; Additional information required re OSSM, Bushfire Assessment, Buffer Assessment & ROW

Some information received from applicant but awaiting further Bushfire Assessment - Received

Referred information to RFS

Conflict with rural buffer policy - to be referred to a Council meeting for determination

Final discussions with RFS & applicant prior to Council determination

 

2011/142

25/08/2011

Consolidation of 3 existing short term sites to create 1 long term site within the existing Nambucca Beach Holiday Park

Lot 162 DP 755560, 26 Swimming Creek Road, Nambucca Heads

? DA was not publicly advertised

? The proposed site adjoins a public reserve for public recreation and setback variances are greater than 80%

? nine (9) trees will need to be removed to facilitate the DA, including 3 melaleuca trees that provide homes for nesting tawny frogmouth owls;

? Why is Nambucca Shire Council also providing greater variances than 10% to accommodate the park owner's structures

? Dwelling and associated structures will not fit on proposed site;

? Service issues & non-compliance with Regulations;

? Fire risk and issues as to placement of hose reels;

? Submitted plan is not accurate;

? Proposed building 3 times larger than buildings already in the park;

Currently being assessed

Rec'd letter from RFS on 3/01/2012 requesting further information is required to enable them to assess the application.

Matter to be presented to GPC meeting for final determination once assessment completed

 

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/182

2011/183

2011/184

14/11/11

Alterations & Additions to unit

Lots 2, 3, 4 SP 36372, 2/3/4 40 Waratah Street, Scotts Head

? Potential overshadowing in the winter months;

? Design is poor, and will undervalue the potential of this prime site;

? Height of proposed buildings 8.5m;

? The proposed pitched roof line with hinder views and be detrimental to the amenity of Scotts Head;

? Overlooking? and noise from the proposed balconies;

? Plans appear to be more in line of a new construction and do not resemble alterations;

? Does not fit with the future character of the locality;

? Development will reduce amount of sea breeze hence affecting cross-ventilation;

? Encroachment on privacy;

Referred to engineers and H&B. Applicant has been advised of additional information required. Clock stopped.

Substantial additional information required

Works impact on community common space (Body Corporate).

Assessing application - Application on hold because of dispute with Body Corporate and resolution to permit the application to be lodged

Strata Management Meeting 2/4/2012

Application will be presented to Council for determination at a later meeting

 

2011/195

20/12/11

Continued use of shed

Lot 10 DP 841964, 47 Rogers Drive, Valla Beach

? Negative aesthetics with glare

? Covenant has brick and tile construction

? Roof water run-off concerns

Shed is already erected.
Awaiting information on encroachment on sewer line, stormwater control, reduction in glare and bushfire assessment report.

Owner attending meeting with Council staff to discuss stormwater issues and a requirement for Council?s free and full access to sewer main with no responsibility for restoration of land

Final 7 day letter sent 27/3/2012

 

2012/024

21/02/2012

Continued use - Carport and Shed, Water Tank, drainage

Lot 23 DP 20689, 13 Old Coast Road, Nambucca Heads

? Issues with drainage onto property and damaged caused when it rains

? Development not approved

? Size of the shed being over 90m2

? Stormwater issues

? Does not fit aesthetically to area

Issues being investigated with applicant to try to resolve before final determination

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.2??? SF1709??????????? 110412???????? DA's and CDC's Received and Determined under Delegated Authority to 30 March 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 30 MARCH 2012

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/030

05/03/2012

Amos & McDonald Surveyors/M & M Green

2 Lots into 3 - 3 Lot Rural Subdivision

Lot 2 DP 630662, Lot 1 DP 1137186, 1167 Taylors Arm Road, Utungun

0

2012/031

06/03/2012

Hill Lockart Architects/Autumn Lodge

Alterations & Change of use to existing Aged Care Facility for a Caf? & Outdoor Dinning

Lots 4 & 5 DP 19307, 1-3 Short Street, Macksville

85,000

2012/032

08/03/2012

Maxine Cunningham

Dwelling Additions and conversion from shed to dwelling - Rural Residential

Lot 6 DP 872834, 71 Bowerbird Lane, Valla

30,000

2012/033

12/03/2012

Sophie Ellis

Single Storey Dwelling

Lot 4 DP 1076134, 8 Langsford Way, Valla Beach

220,000

2012/034

15/03/2012

Marc Barnett

Dwelling-House

Lot 1 DP 862393, 120 Butts Creek Road, Taylors Arm

20,000

2012/035

16/03/2012

Nambucca Shire Council/Eliza and Joseph Folk Museum

Existing Awning Support

Lot 2 DP 1088352, 86 High Street, Bowraville

9,000

2012/036

23/03/2012

Sarah Guthridge

Conversion of shed for dwelling

Lot 62 & 76 DP 755548, North Arm Road, Girralong

40,000

2012/037

23/03/2012

Clive & Beverley Steer

Change of Use to Residential

Lot 1 DP 121639, 49 High Street, Bowraville

0

2012/038

27/03/2012

Brian Jones

Rural Shed

Lot 18 DP 1049360, 28 Charles Place, Nambucca Heads

19,500

2012/039

29/03/2012

Yarra Steel/
R Carline

Additions to Dwelling and Awning

Lot 1 DP 628854, 571 Warrell Creek, Congarinni

75,000

 


COMPLYING DEVELOPMENT APPLICATIONS RECEIVED 30 MARCH 2012

Including those issued by Private Certifiers

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/607

09/03/2012

Clifford & Christine Curran

Dwelling

Lot 10 DP 24560, 62 Nelson Street, Nambucca Heads

182,355

2012/608

13/03/2012

Mr G O'Grady

Deck Extension

Lot B DP 328392, 35 Matilda Street, Macksville

9,750

2012/609

19/03/2012

John Williams

Dwelling

Lot 19 DP 1063717, 2 Tattersall Place, Scotts Head

110,000

2012/610

19/03/2012

John Bonser

Additions & Shed

Lot 7 DP 35475, 50 Ferry Street, Macksville

50,000

2012/611

19/03/2012

Stewart & Dorothy Ison

Garage & Carport

Lot 7 DP 801138, 26 Letitia Close, Macksville

15,900

2012/612

30/03/2012

Beverley Bennett

Residential Additions

Lot 6 DP 1017004, 2A Hibiscus Drive, Valla Beach

10,000

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 30 MARCH 2012

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2012/009

Lot 3 DP 262673, 6 Alexandra Drive, Nambucca Heads

Swimming Pool

10,800

2011/185

Lot 3 DP 1022651, 48 Centenary Parade, Nambucca Heads

Two Lot Subdivision

0

2012/010

Lots 1, 2 & 14 Section 2 DP 2037, 10-12 Princess Street, Macksville

Five Lot Strata Subdivision

0

2012/029

Lot 114 DP 711481, 33 Raleigh Street, Scotts Head

Deck Extension

11,000

2012/020

Lot 1 DP 881990, 8 Melaleuca Place, Way Way

Change of Use from Class 10 to Class 1 (Studio)

0

2012/023

Lot 6 DP 881990, 10 Eddy Close, Way Way

Residential Additions

220,000

2012/008

Lot 2 SP 12843, 2/28 Ridge Street, Nambucca Heads

Change of Use to Tattoo Shop and New Signage

15,000

2012/022

Lot 3 Section 2 DP 2037, 14 Princess Street, Macksville

Rebuild Boundary Fence

40,000

2012/608

Lot B DP 328392, 35 Matilda Street, Macksville

Deck Extension

9.750

2001/024/02

Lot 2 DP 859087, 45 Cookies Lane, Way Way

Dwelling & Garage MODIFICATION

 

2012/013

Lot 4 DP 841964, 19 Rogers Drive, Valla Beach

Dual Occupancy and Subdivision

200,000


 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2010/276/01

Lot 21 DP 551142 & Lot 215 DP 1022234, 816-846 Gumma Road, Gumma

Rural Subdivision MODIFICATION

0

2012/027

Lot 2 DP 415013, 27 Bellevue Drive, North Macksville

Alterations & Additions to Existing Dwelling

80,000

2012/028

Lot 1 DP 409230, 59 Valla Beach Road, Valla Beach

Deck

15,000

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.3??? SF1709??????????? 110412???????? DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (March 2012)

 

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

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2012 compared with 2011 and Certificate Applications/Drainage Diagrams/Outstanding Notice Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for 2012 compared with 2011.

 

2????????? That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

Development Application Statistics

 

The figures show a 7.41% decrease in the number of DA?s received to March 2012 with construction costs decreasing by -144.93% compared to the same period in 2011. The total number of DA?s/CD?s approved for the month of March was 14 plus 2 modifications.

 

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

Jan-Mar 2011

9,203,378

58

49

Jan-Mar 2012

3,757,599

54

33

 

 

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 2012

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

41.20

42

79.20

202

42

February

51.53

29

86.00

189**

15

March

39.21

31

39.88

112

15

April

 

 

 

 

 

May

 

 

 

 

 

June

 

 

 

 

 

July

 

 

 

 

 

August

 

 

 

 

 

September

 

 

 

 

 

October

 

 

 

 

 

November

 

 

 

 

 

December

 

 

 

 

 

 

#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).

 

** The clock was not ?stopped? on this application as Council was waiting for referrals from the RTA.


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

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

2012 Private Cert

2

4

4

 

 

 

 

 

 

 

 

 

10

2012 Council

0

1

1

 

 

 

 

 

 

 

 

 

2

 

 

CONSTRUCTION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2011 Private Cert

2

9

6

4

6

5

2

4

8

5

6

6

63

2011 Council

8

8

8

7

14

9

6

8

8

4

5

5

90

2012 Private Cert

3

3

3

 

 

 

 

 

 

 

 

 

9

2012 Council

3

3

3

 

 

 

 

 

 

 

 

 

9

 

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (March)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2010

44

177

40

2011

72

192

25

2012

67

154

34

 

 

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

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

Private
2012

1

6

7

 

 

 

 

 

 

 

 

 

14

4.67

Council
2012

11

9

6

 

 

 

 

 

 

 

 

 

26

8.67

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.4??? SF1148??????????? 110412???????? Contract Regulatory Officer's Report March 2012

 

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

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for March 2012.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for March 2012 be received and noted by Council.

 

 

 

 

Cats

Dogs

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility (Start of Month)

1

4

Council?s Seizure Activity

 

 

Seized (doesn?t include those animals dumped or surrendered)

8

5

Returned to Owner

 

 

Abandoned or Stray

1

1

Surrendered

 

 

Transferred to Council's Facility from Seizure Activities

 

6

Total Incoming Animals

9

6

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

 

 

Sold

 

 

Released to Organisations for Rehoming

 

 

Died at Council's Facility(other than euthanased)

 

 

Stolen from Council's Facility

 

1

Escaped from Council's Facility

 

 

Other

 

 

Euthanased

 

 

Restricted Dogs

 

 

Dangerous Dogs

 

 

Owner?s Request

 

 

Due to Illness, Disease or Injury

 

 

Feral/infant animal

8

 

Unsuitable for rehoming

1

2

Unable to be rehomed

1

3

Total Euthanased

10

5


 

Total Outgoing Animals

10

6

TOTAL IN COUNCIL'S FACILITY (END OF MONTH)

0

4

 

 

Kilometres travelled

3,056

 

 

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

42

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.5??? SF1718??????????? 110412???????? Report on the Minutes of the ACAC Committee Meeting held 6 March 2012

 

AUTHOR/ENQUIRIES:???? Patricia Walker, Aboriginal Community Development Officer ????????

 

Summary:

 

The minutes of the Annual General Meeting and regular meeting of the Aboriginal Community Advisory Committee meeting held Tuesday 6 March 2012, are presented for Council?s endorsement and hold 3 recommendations for Council?s consideration.

 

Note by Director Environment and Planning:

It is proposed that the Aboriginal organisations listed in recommendation 2 (italicised below), be advised that a list of Development Applications received by Council are presented to Council at each of its meetings. Therefore these are accessible and available free of charge on Council's website under "Business Paper and Minutes". Any application "required" to be referred to the respective Lands Council's are done so in accordance with the Nambucca Development Control Plan 2010 which clearly identifies the type of Development Applications that are referred. As such, the recommendation from the ACAC be amended as outlined in the recommendations below.

 

That Council provide a regular list of received development applications to the Bowraville Local Aboriginal Lands Councils, Nambucca Heads Local Aboriginal Lands Council, Unkya Local Aboriginal Lands Council, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative.

 

Note by Director Environment and Planning:

Recommendation 3 (italicised below), will be referred to the Grants Officer for investigation. If there is a requirement for matching or some form of contribution then this be referred back to the committee for consideration and identification as to where the funds would come from, who would be the auspice body and where the person would be located.

 

??????????? That Council investigate grant opportunities for an Aboriginal Sites Officer, in consultation with the three Local Aboriginal Lands Councils, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative.

 

 

Recommendation:

 

1????????? That Council endorse the Minutes of the Aboriginal Community Advisory Committee held 6 March 2012.

 

2????????? That Council advise the Bowraville Local Aboriginal Lands Councils, Nambucca Heads Local Aboriginal Lands Council, Unkya Local Aboriginal Lands Council, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative that the list of development applications received by Council are contained in the Business Agenda presented to each Council meeting, accessible from Council?s website.

 

3????????? That Council investigate grant opportunities for an Aboriginal Sites Officer, in consultation with the three Local Aboriginal Lands Councils, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative.

 

4????????? That for future cultural competency workshops, local organisations within the Nambucca Shire boundaries to be given priority and Council notes that these cultural competency workshops are to be Nambucca Shire specific.

 

 

 


OPTIONS:

 

1????????? Endorse the minutes.

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

3????????? Endorse the minutes with amendments.

 

 

DISCUSSION:

 

Resolution 26/12

 

This recommendation was put forward out of concern of the potential impact of 4WD's beach access points, and Bellwood's new residential subdivision.

 

Members stated that Bellingen Shire Council emails a list of received development applications to the Coffs Harbour Local Aboriginal Lands Council which in turn forwards them onto Nambucca Local Aboriginal Lands Council and MiiMi Aboriginal Corporation.

 

Development applications put forward to the Bellingen Shire Council can be commented on within specified time periods which and the email also has the ability to be receipted. This allows Bellingen Shire Council's Aboriginal community consultation processes to be efficient and effective.

 

There was a mention that Councillors receive in their Business Papers a list of received development applications and if the Aboriginal organisations listed above be added to the Councillors list, time management and constraints can be easily managed.

 

Resolution 27/12

 

This recommendation was discussed by members because of the possibility of there being an increase to received development applications to the Nambucca Shire and increased workloads of Lands Councils and other Aboriginal organisations.

 

 

CONSULTATION:

 

Director Environment and Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues with this report.

 

Social

 

There are no social issues with this report

 

Economic

 

There are no economic issues with this report

 

Risk

 

There are no risks with this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil.

 

Source of fund and any variance to working funds

 

Nil.

 

Attachments:

1View

5739/2012 - Minutes - Aboriginal Community Advisory Committee - 6 March 2012

 

??


Ordinary Council Meeting - 11 April 2012

Report on the Minutes of the ACAC Committee Meeting held 6 March 2012

 

PRESENT

 

Ms Marcia Hillery (Chairperson)

Cr Martin Ballangarry OAM

Cr Elaine South (Observer)

Ms Louise Robinson

Cr Paula Flack

Ms Patricia Walker

Mr Scott Mieni

 

 

 

APOLOGIES

 

Coral Hutchinson

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

25/12 RESOLVED:???????? (Robinson/Flack)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 9 August 2011, by Council at its meeting of 15 September 2011.

 

 

 

 

Director Environment and Planning Report

ITEM 5.1????? SF1709????????????? 060312????? Business Arising from minutes of the previous meeting held Tuesday 9 August 2011

 

Communications Protocol - Cr Flack mentioned that the timing for the initial meeting was wrong. Cr Flack, Ms Marcia Hillery and Ms Patricia Walker will liaise by email to confirm possible dates for discussion.

 

 

 

 

 

ITEM 5.2????? SF1709????????????? 060312????? General Business and Matters Of Interest

 

Ms Robinson discussed the 4WD access points at Coburn Street, Valla Beach and the potential disaster to the wetlands. The area is a public thoroughfare and is a 4WD access point. Ms Robinson was also informed about the Council's Grants Officer and Strategic Planner were seeking grants to match Council funds to upgrade the coastal management of the Nambucca Shire.

 

26/12 Resolved: (Robinson/Flack)

 

That Council provide a regular list of received development applications to the Nambucca Heads Local Aboriginal Lands Council, Unkya Local Aboriginal Lands Council, Bowraville Local Aboriginal Lands Council, Muurrbay Aboriginal Language & Culture Cooperative and MiiMi Aboriginal Corporation. If possible, this action can coincide with business papers for Councillors.

 

 

27/12 Resolved: (Hillery/Robinson)

 

That Council investigate grant opportunities for an Aboriginal Sites Officer, in consultation with the Bowraville Local Aboriginal Lands Council, Nambucca Heads Local Aboriginal Lands Council, Unkya Local Aboriginal Lands Council, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language & Culture Cooperative.

 

28/12 Resolved: (Hillery/Robinson)

 

That for future cultural competency workshops, local Aboriginal organisations within the Nambucca Shire boundaries to have priority and Council notes? that these cultural competency workshops are Nambucca Valley specific.

 

Ms Hillery discussed how important it was that the Aboriginal Community Development officer position have some community contact e.g. visit to local organisations once a month. Ms Hillery was told about the information from all forums were in the Community Strategic Plan which can be accessed on Council?s website.

 

 

???

 

NEXT MEETING DATE

 

The next meeting will be held on 5 June 2012 commencing at 10.00 am

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 11.15 am.

 

 

 

 

 

???????????

(CHAIRPERSON)

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.6??? SF1719??????????? 110412???????? Minutes of the Access Committee meetings held 28 February 2012

 

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

 

Summary:

 

Attached for Council?s attention are the minutes of the Access Committee for meetings held 28 February 2012. The minutes contain no recommendations for Council?s endorsement.

 

 

Recommendation:

 

That the Minutes of the Access Committee held 28 February 2012 be endorsed by Council.

 

 

OPTIONS:

 

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

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

3??????? Endorse the minutes with revised recommendations

 

 

DISCUSSION:

 

There were no specific recommendations for Council?s consideration from these Minutes.

 

 

CONSULTATION:

 

Nil consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues identified.?

 

Social

 

Nothing specific identified.

 

Economic

 

Nothing specific identified.]

 

Risk

 

Nothing identified.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

4269/2012 - Minutes - Access Committee - 28 February 2012

 

??


Ordinary Council Meeting - 11 April 2012

Minutes of the Access Committee meetings held 28 February 2012

 

PRESENT

 

Mr Peter Shales (Chairperson)

Ms Fiona Henwood

Ms Coral Hutchinson

Ms Margaret Hutchinson

Cr E South

Dr Dorothy Secomb

Cr A Smyth

 

 

 

APOLOGIES

 

Mrs Shirley Holmes

Mr Les Small

Mr Keith Davis

Ms Alba Sky

Mr Matt Sullivan

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

1/12 ?????? (Smyth/Hutchinson)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 25 October and 22 November 2011, by Council at its meeting of 15 December 2011.

 

 

 

Director Environment and Planning Report

ITEM 5.1??????????????????? SF1719??? 280212? Report on Business Arising from previous meeting held 22 November 2011

Discussion:

 

-??????? After hours taxi rank ? people are encouraged to use the ?No Parking? zone as a drop-off zone as this is allowable in the RTA road rules. No further action.

-??????? Wallace St Pedestrian Crossing lighting ? Recommended improvements have been made and will go to Council this week. To discuss at next meeting.

-??????? Council Website enlargement settings ? issue has been raised and is waiting for action.

-??????? Toilet Doors ? is on the list and waiting for action.

-??????? Wallace Street ? is on the list and waiting for action.

-??????? BCU step ? letter was sent and has been acknowledged. Waiting for response.

-??????? 100km speed sign near Link Rd ? signs are going to be moved

-??????? Nambucca Heads Golf Club issues ? site inspection required

-??????? Constitution ? has been adopted by Council.

 

 

 

ITEM 5.2??????????????????? SF1719??? 280212? Report on Correspondence to the Access Committee Meeting of 28 February 2012

Letter to Credit Union in relation to the ATM.

 

No formal recommendation was made.

 

 

 

ITEM 5.3??????????????????? SF1719??? 280212? Report on General Business and Matters of Interest 28 February 2012

Discussion:

 

1?????? Healthy Communities ? discussion was held regarding the adult exercise stations.

2?????? Nambucca / Macleay Pensioners and Welfare Officers Seminar ? to be held 1 August. More details to follow at future meetings.

3?????? Seniors Week 2012 ? Roaring 20?s event.

4?????? Scooters ? survey by NRMA/ACCC users are encouraged to complete.

5?????? Plantar Boxes ? to be decorated in car theme.

6?????? Alzheimer?s Carer Course ? to be held at Nambucca Heads RSL on 25 March 2012.

7?????? Library Signage ? needs to be larger. Library Manager to raise issue.

8?????? Fall Zero Course ? for staff members to address responsibilities with regards to building access issues.

9?????? AGM ? deferred to a later month.

10???? Painting required on Mackay and Princess Streets and the kerb angles are a problem. We will look at the PAMP to see if it is on the list of works to be done.

11???? Wellington Drive ? Mangrove roots are affecting the footpath and overhanging branches are sometimes a problem. At times they have been broken off and left lying around.

12???? Community Transport Bus ? fold up steps and railings to get on and off the bus are causing concern about the access in case of emergency. Bus to be investigated for emergency access procedures by Peter Shales. Groups who use the bus are to be briefed on procedures.

13???? U3A are now using Nambucca Senior Citizens Hall.

14?? Unsafe parking on Estuary Lane ? trial speed bumps to stop vehicles rolling. A Smyth to investigate how the bumps will work and report back to next meeting.

 

No formal recommendation was made.

 

 

?

NEXT MEETING DATE

 

The next meeting will be held on 27 March 2012 commencing at 2.00 pm

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.40 pm.

 

 

 

???????????..

(CHAIRPERSON)

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Environment and Planning

ITEM 10.7??? SF1541??????????? 110412???????? Findings of the Odour Testing Free-Range Piggery, Tewinga

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

 

Summary:

 

It was resolved at Council?s meeting on 1 March 2012: That consideration of the findings of the odour testing of the free range piggery at Tewinga by E-Nose Pty Ltd be deferred to Council?s meeting on 11 April 2012.

 

After many complaints from residents living in close proximity to rural land that is being used for free range pig farming about offensive odour, Council contracted consultants E-Nose Pty Ltd to conduct long term odour monitoring of the receptor premises. The final report was received 20 December 2011. The main findings are:

 

?????????? There is non pig odour that is also affecting residents of Tewinga, (noted that all adjoining land is rural and graze different animals, eg cattle, goats, horses and pigs).

?????????? Several extreme odour events that occurred during the testing period were not pig related.

?????????? Pig odour does reach the neighbouring residents.

?????????? The pig odour detected is characteristic of an intensive piggery.

?????????? There is pig related odour occurring even after the pigs are removed from the property, this maybe related to the impregnation of the ground from their dung.

?????????? The pig odour is carried past the boundaries of 266 Irvines Road.

?????????? The odour was the greatest when there were numerous pigs (approx 140) at the property.

 

 

Recommendation:

 

1????????? That Council note the final report and its recommendations.

 

2????????? That Council when next reviewing Nambucca Development Control Plan consider greater buffer zones along the RU1 and R5 interfaces for future development applications.

 

3????????? That Council write to owners of 266 Irvines Road and attach a copy of the odour management recommendations from the E-Nose Report for their consideration and implementation.

 

 

OPTIONS:

 

There are limited options for Council other than the above recommendations.

 

 

DISCUSSION:

 

Odour testing was done between February and April 2011 and again in September to November 2011, using electronic noses. Measurements were done on known odours (odour fingerprints), such as intensive piggeries, ambient farm land, and cattle grazing. The long term monitoring was matched to these known fingerprints to decipher what types of smells could be identified; what types of smells were constant and what smells were intense. Odour diaries were maintained and filled out by residents and these were cross referenced with the electronic data. This is to test whether what the E-Nose was detecting corresponded in time with the human experience.

 

The report found that there were many fluctuations in air quality during the night and day and that there were from time to time, odour events that greatly exceeded the ambient intensity levels. These 'spikes' showed that they were not related to pig odour. The ambient long term odour produced identical fingerprints to piggery odour.

 

During the second testing phase (Sept?Nov) the pigs were taken off the property 5 days after testing began. The ambient odour on days 1-3 matched the fingerprint of an intensive piggery. There were several periods of time after the pigs had been removed that the odour continued to match those of an intensive piggery, such as back in the first stage of testing Feb-April, when there were pigs on-site. This implies that the ground where the pigs have been grazing is impregnated with their dung and the odour will continue until broken down into the soil.

 

The study has shown that free range pigs in numbers as low (less than 200) as those at 266 Irvines Road, is not ideal in areas adjacent to zoned R5 (Large Lot Residential) land, as this property clearly produced nuisance odours beyond the boundaries of the pig operation. NB, this type of land use is permitted in RU1 (primary production) zoned land.

 

Proximity of residential properties R5 to RU1 land suggests that a larger buffer zone needs to be incorporated to ensure amenity to the residents is better managed or mitigated.

 

The consultant also added odour management recommendations for 266 Irvines Road, these include:

 

?????????? Covering feeding areas and filtering the air from them

?????????? Remediating areas onsite where pigs have fouled the soil using rotational exclusion of animals in these areas

?????????? Growing plants over soiled area to speed the breakdown of faecal material

?????????? Growing densely foliated windbreaks across wind lines

?????????? Minimising pig numbers

 

 

CONSULTATION:

 

DEP

E-Nose Pty Ltd

Affected Residents

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Odour may be perceived differently by different people. The odour assessment of 266 Irvines Road has produced some results. Further consideration needs to be given to wider buffers in Rural areas so that these forms of land use conflicts may be avoided to ensure sustainability with primary production and residential growth.

 

Social

 

Offensive odour is a pollutant under POEO Act 1997, the social affect on residents can include sickness, mental anguish and neighbourhood disputes.

 

Economic

 

For economic growth of an area there has to be RU1 zoned land and residential areas, the two cannot be side by side unless there is an extensive buffer zone.

 

Risk

 

There is a high risk of litigation from residents living close to odorous properties. Land use must be taken into account when approving sub divisions in or adjacent to primary production areas.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs of the monitoring came from the Environmental Levy as approved by Council.

 

Source of fund and any variance to working funds

 

Environmental Levy, no variation required

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - E-Nose Report on Smell Testing - Tewinga Pig Issues (Councillors Only)

 

??


Ordinary Council Meeting - 11 April 2012

Findings of the Odour Testing Free-Range Piggery, Tewinga

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Findings of the Odour Testing Free-Range Piggery, Tewinga

 

 

 

CIRCULARISED DOCUMENT - E-Nose Report on Smell Testing - Tewinga Pig Issues (Councillors Only)

 

??Pages

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.8??? SF46??????????????? 110412???????? Review of Fees for Cemeteries

 

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

 

Summary:

 

Following the findings from the Internal Audit and further investigation of the fees and charges applied by adjoining and nearby Council's, it is apparent that Nambucca Shire Council's fees for "Maintenance in Perpetuity" and provision of funds for further improvements and ongoing maintenance are significantly less than those charged by other Council.

 

Whilst the fees received each year generally match the expenses incurred, the capital costs for new works including roads and Columbarium Walls are being funded from General Fund. As a result of these investigations, it is proposed that a comprehensive overhaul of the fees structure for interment in Council's cemeteries be undertaken to ensure that the fees charged reflect the actual, ongoing and future maintenance costs as well as the establishment of a reserve for the future expansion of a number of cemeteries within the shire.

 

This overhaul is proposed to include a considerable increase in the 2012-2013 budget year and considerable increases in the subsequent 3 years, up to and including the 2015-2016 budget.

 

The overhaul is clearly outlined in the discussion section of this report.

 

 

Recommendation:

 

1????????? That Council note the proposed revised fee structure for Cemetery Services within Nambucca Shire Council and the revised fees be included in the Draft 2012/13 Revenue Policy for public exhibition.

 

2????????? That Council include two new fees in the Draft 2012/13 Revenue Policy for the Relinquishment of a Cemetery Reservation and the transfer of a Reservation to a family member.

 

 

OPTIONS:

 

Council could choose to maintain the current fee structure and apply CPI increases which will in the future, require the provision of considerable funds from General Fund to accommodate future interments in the cemeteries within the Shire.

 

 

DISCUSSION:

 

One of the items highlighted for further investigation in the Internal Audit of Council's fees and charges related to the fees applied to cemeteries and burials within the Shire. The Audit suggested that Council's fees and charges do not accurately reflect the true costs for Cemetery services and the future costs to be incurred when cemeteries need to expand.

 

Initial investigations suggested that the Nambucca Shire fees were less than, but comparable to adjoining and nearby council's who also provide cemetery services. The comparable fees reflected the fact that Nambucca Shire Council does not provide the grave digging services required to excavate for a traditional burial, with the fees being incurred by the undertakers. Estimates in the range of $450-$800 were obtained for a contractor to excavate a grave, backfill and remove surplus earth material. Noting that some graves still need to be hand dug due to limited access by a machine.

 

Upon further investigation it appears that the Maintenance in Perpetuity fees which are incorporated into Council's fee for a cemetery plot, or for the reservation of a niche in the Columbarium walls do not provide for the provision of a Reserve once the cemetery is completely full, or where major works are required to prepare a new area in an existing cemetery or the construction of a new Columbarium Wall once one wall is fully used/reserved.

 

The following Council's have been used to gauge the comparability of fees for the provision of cemetery services; Bellingen Shire Council, Coffs Harbour City Council, Kempsey Shire Council, Armidale Dumaresq Council, Gloucester Shire Council.

 

The current comparisons (2011/12) for Interments (ashes and normal burial) are outlined in the following table:

 

 

COMPARATIVE FEES - CURRENT 2011/2012

 

 

 

 

 

 

 

 

 

Nambucca Shire Council

Bellingen Shire Council

Coffs Harbour City Council

Kempsey Shire Council

Armidale Dumaresq Council

Gloucester Shire Council

Columbarium Wall

 

 

 

 

 

 

Niche

$62.00

$367.50

$200.00

$400.00

$527.00

$309.00

Interment of Ashes + Plaque

$549.00

Handled by family

$615.00

Handled by family

$99.00 (permit only - no plaque)

$617.00

TOTAL:

$611.00

$367.50 plus plaque & placement

$815.00

$400.00 plus plaque & placement

$626.00 plus plaque & placement

$926.00

Burial in Cemetery

 

 

 

 

 

 

Burial (without prior reservation)

$561.00**

$735.00**

$1,770.00

$2,200.00

$2,568.00

$1,785.00

**Grave digging extra by Undertaker (Est $450-$750)

 

 

 

 

 

 

As identified in the table, the fees charged vary somewhat as does what the Council's provide. In regard to the interment of ashes all other Council's recover the costs for a new Columbarium Wall when a reservation/interment is made, whereas in Nambucca's case the costs of the wall are only recovered once an interment is made. What is being found is that Niche reservations are being taken out with more than 50% of a Wall being reserved and insufficient funds are being recouped to build another wall necessitating capital funds being required from General Fund.

 

The fees associated with a burial plot vary significantly due to some Council's providing the grave digging service as well. Bellingen Shire and Nambucca Shire do not provide the grave digging service whereas the other compared Council's do. Based on their advice the grave digging, backfilling and removal of surplus soil varies between $450 - $700, noting that some graves are required to be hand dug due to limited access to some burial plots.

 

After reviewing the fees of the compared Council's and the actual income and expenditure for Nambucca it clearly shows that the funds generated only cover the costs for that years expenditure with no funds being placed in a reserve for the future maintenance, improvements and establishing new areas once the existing cemeteries are full.

 

Whilst the Reservation and burial plot fees had a component of "maintenance" included, it is far below what will be required in the future.

 

For Council's information the current (as at 23 March 2012) budget income expenditure for Cemetery Services is as follows:

 

?????????????? Income ???????????? $33,509.24 ??? (Budget $35,000)

?????????????? Expenditure ????? $33,728.11???? (Budget $42,600)

 

A small reserve exists which has carried over for many years and part has been used for the consultants who prepared the draft Cemetery Management Plan with the following balance.

 

?????????????? Reserves ????????? $? 7,500???????? (30/6/12)

 

Based on what the other Council's charge and where Nambucca sits against the averages even after the deduction of $500 for grave digging, it is proposed to increase the following fees by 30% each year for four budget years (2012/13, 2013/14, 2014/15 & 2015/16) which will based on today's figures bring the fees to somewhere near or over the average. Council would then be able to review what the increase needs to be for the 2016/17 budget year based on comparative figures.

 

The increases are critically necessary to ensure that adequate funds are recovered and opportunity to establish reserves for the future improvements and expansion that will be required into the future.

 

The following tables provides comparative fees based on the 30% (approx) increase for Nambucca Shire, against a 3.5% compounded increase by the other Council's. These figures bring Nambucca into close alignment with the others even after taking into account that Council does not attend to the grave digging.

 

 

COMPARATIVE FEES - AS AT 2015/16 INCREASING BY 3.5% CPI

 

 

 

 

 

 

 

 

 

Nambucca Shire Council

Bellingen Shire Council

Coffs Harbour City Council

Kempsey Shire Council

Armidale Dumaresq Council

Gloucester Shire Council

 

(using proposed new fees)

 

 

 

 

 

Columbarium Wall

 

 

 

 

 

 

Niche

$395.00

$422.00

$230.00

$460.00

$605.00

$355.00

Interment of Ashes + Plaque

$665.00

Handled by family

$705.00

Handled by family

$115.00 (permit only - no plaque)

$708.00

TOTAL:

$1,060.00

$422.00 plus plaque & placement

$935.00

$460.00 plus plaque & placement

$720.00 plus plaque & placement

$1,063.00

Burial in Cemetery

 

 

 

 

 

 

Burial (without prior reservation)

$1348.00**

$845.00**

$2,030.00

$2,525.00

$2,947.00

$2,050.00

**Grave digging extra by Undertaker (Est $450-$750)

 

 

 

 

 

 


Council has traditionally provided concessions for reservations that were made for several periods. These are prior to 31/12/1969 and then a lesser concession for reservations between 1/1/1970 and 30/06/1995. A further reduced concession for reservations between 1/7/1995 and 30/6/2007.

 

It is proposed to continue to provide the concession for those reservation made prior to 31/12/1969 as it has been claimed and accepted that these reservations included the maintenance in perpetuity with only the Interment Permit being required.

 

The two other concessions will remain, but will incur a 30% increase above the current concession over the 4 year period. The fee to be paid at Interment will be the base fee less whatever fee previously paid for the reservation plus the Interment Permit fee current at that time. The following Table clarifies this.

 

RESERVATION PERIOD

2011/12 (CURRENT)

2012/13

2013/14

2014/15

2015/16

- Interment Permit per Burial Plots (reserved prior to 31/12/1969)

 

$183.00

$235.00

$243.00

$252.00

$261.00

?- Interment Permit for Burial Plot (reserved 1/1/70 to 30/06/1995)

Min $183 min(provided Council has been paid purchase fee for the plot. Otherwise full fees & charges apply)

Min $235 (less previously paid) plus interment permit of $235

min $305 - pre paid + $252

min $397 - pre paid + $252

min $516 - pre paid + $261

?- Interment Permit for Burial Plot (reserved 1/7/1995 to 30/06/2007)

$378 (less previously paid, plus the Interment permit fee of $183)

$495 (less previously paid) plus interment permit of $235

$643 - pre paid + $243

$836 - pre paid + $252

$1087 - pre paid + $261

 

 

It is proposed also to apply two new fees associated with the Relinquishing and/or Transfer of Reservation as experience is showing that a number of reservations are not being taken up, with people being buried elsewhere or being cremated and ashes being placed in a Columbarium Wall instead of a traditional burial. What is common is that family members are not aware of the reservations previously made and this poses a problem where a burial site is reserved and not other person is able to use it plot/niche and may remain vacant indefinitely.

 

The two proposed new fees are:

 

DESCRIPTION

2012/13

Relinquishing a Reservation (plot/wall)

 

$36.

(If original Reservation fee > $36, a refund will be provided being original reservation fee less $36)

(If original Reservation fee < $36 no refund/ cost will apply.

Transfer Reservation to a family member (plot/wall)

$82.00

 

 


Future Expansion of Macksville and Nambucca Heads Cemeteries

 

The future expansion of burial plots at either Macksville or Nambucca Heads will be designed to be a Lawn Cemetery with a nondenominational layout. A standardised form and size for headstones will be specified, and all burial plots will be dug to double depth. Based on experiences in other areas there are two acceptable forms for standardising headstones. One is a very prescriptive headstone envelope which specifies dimensions and provides only for a choice in material such as granite (various colours) or sandstone. Alternatively, the specifications could provide for some flexibility with a maximum height, width and thickness being specified and permitting the use of various finishes/colours with the latter being the preferred. However this would be presented to Council in the future when a new area is to be established.

 

With the increased income through the proposed revised fee schedule it is proposed that any surplus between annual income and expenditure be moved to a Cemetery Reserve at the end of each financial year.

 

Based on the proposed revised charges for 2012/13 and using the current data for 2011/12 it is estimated that approximately $22,000 would be placed in reserves in July 2013, $31,000 in July 2014, $40,000 in July 2015 and $52,000 in July 2016 creating a reserve of approximately $145,000 for the expansion of the Macksville and Nambucca Heads cemeteries with detailed survey and design commencing in the last half of 2013 (next year) and on-ground works during the 2014/15 budget year at Nambucca and 2015/16 budget year at Macksville.

 

A full list of current (2011/12) and proposed (2012/16) fees for Cemetery services is circulated for Councillors information. The Table identifies the current Averages from the compared Councils against Nambucca's fees for the current year and the 2015/16 year average. This is based on the other Council's increasing their fees by 3.5% (compounded) each year.

 

CONSULTATION:

 

General Manager

Council Officers from Bellingen Shire Council, Coffs Harbour City Council, Kempsey Shire Council, Armidale-Dumaresq Council & Gloucester Shire Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental Impacts with this report

 

Social

 

Cemetery management is an essential community service and is often a difficult matter to manage due to the emotion relating to a situation. A well maintained cemetery is greatly appreciated by the many people who attend the graves of loved ones.

 

Economic

 

The provision of cemetery services is becoming expensive and adequate costs need to be generated for the lifetime management of the facility.

 

Risk

 

The revised fee structure will no doubt create some concern amongst the community. However, if the fees are not incrementally increased, Council runs the risk of having to provide a lesser service which will also create concern in the community.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed revised fee structure should reduce any impact on future budgets for the provision of well maintained cemeteries

 

Source of fund and any variance to working funds

 

No variation to working funds and the proposed revised fee structure should reduce any future need to seek additional allocation from General Funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.9??? SF1698??????????? 110412???????? Planning Proposal LEP Amendment No 7 Rural Tourist Facilities - Result of Exhibition

 

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

 

Summary:

 

The purpose of this report is to advise Council of the result of the Exhibition LEP Amendment No. 7 which proposes to permit tourism facilities in rural zones as previously permissible in the Nambucca LEP 1995.

 

One submission was received during the exhibition period and the Government Agency comments are provided in the body of this report.

 

Based on the results of the exhibition and consultation it is recommended that the planning proposal be forwarded to the minister for the plan to be made.

 

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

 

 

Recommendation:

 

1????????? That pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

2????????? That those persons/agencies who made submissions be advised of Council's decision.

 

3????????? That a fact sheet be prepared and advertised on Council?s website.

 

 

OPTIONS:

 

1????????? That Council not proceed with the amendment.

 

2????????? That Council amend the planning proposal.

 

 

DISCUSSION:

 

Planning Proposal

 

A common alternative form of temporary accommodation in Rural areas are tourist cabins and the Nambucca LEP 1995 allowed a ?Rural Tourist Facility? to be undertaken on Rural Land. Under this definition Council could accept applications for detached tourist facilities such as tourist cabins.

 

The definitions which most closely achieve the intent of a rural tourist facility under the Standard Instrument LEP template were ?farm stay accommodation? and ?bed and breakfast accommodation?. Both these land uses were incorporated into the Nambucca LEP 2010 as permissible uses in the rural zones to capture activities previously permissible as a rural tourist facility.

 

An amendment to the Standard Instrument Order on 13 July 2011 varied the definition of Bed and Breakfast Accommodation within the Nambucca LEP 2010. This recent change to the definition of Bed and Breakfast Accommodation has resulted in the Nambucca LEP 2010, not permitting activities such as tourist cabins in rural zoned land unless it is related to primary production.

 

Tourism in the rural areas of the shire has the potential to create a positive contribution to the local economy. One of the potential risks of allowing this type of development is the misuse of tourist accommodation as dwellings, particularly where a dwelling entitlement is not available. It is anticipated that any tourist facilities misused in this manner could be appropriately addressed through regulatory action.

 

To address this matter and ensure rural tourist accommodation is maintained as a permissible use in rural areas, on the 3 November 2011 Council resolved the following:

 

 

??????????? Allow ?Tourist and Visitor Accommodation? as permissible with consent in the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential Zones but prohibit the land uses ?backpackers accommodation?, ?hotel and motel accommodation? and ?serviced apartment?.

 

A Planning Proposal was lodged with the Department of Planning and a Gateway Determination was made to support the proposal on the 25 January 2012. A copy of the Gateway Determination is included as [Attachment 1]. The gateway determination required Council to consult with the NSW Rural Fire Service and exhibit the proposal for 14 days. Both these tasks are now complete and a copy of the correspondence from the NSW RFS is provided as [Attachment 2].

 

Consultation

 

The planning proposal was placed on exhibition between 15 March 2012 and 30 March 2012. During this period Council received one public submission on the proposed amendment.

 

However, the submission received is not specifically related to this Planning Proposal but for a private parcel of land. The matter will be investigated and the submission will be responded to appropriately. Should a further report be required on this submission it will be presented to Council at a later date.

 

As part of the requirements of the Gateway determination Council was required to forward the planning proposal to the NSW Rural Fire Service who provided the following recommendations:.

 

?????????????? The NSW Rural Fire Service has no objection to the planning proposal proceeding;

?????????????? Development applications for all rural tourist facilities should be treated as a special fire protection purpose and be considered under section 100B of the Rural Fires Act 1997.

 

Planning Response: The comments from the RFS are noted and the procedures recommended have been consistently applied to this type of development in the past. Other recommendations are in accordance with the Planning for Bushfire Protection Guidelines which Council staff apply to all developments on Bushfire Prone Land.

 

 

CONSULTATION:

 

NSW Rural Fire Service

Director of Environment and Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The planning proposal itself is unlikely to result in any direct environmental impacts. As previously done under the 1995 LEP the environmental impact associated with rural tourist development will be considered through the development assessment process and associated local and state policy.

 


Social

 

In past Council has not encountered any social issues related to rural tourist development. Where social issues are raised through the development assessment process they will be given appropriate consideration in accordance with the Environmental Planning and Assessment Act 1979.

 

Economic

 

The Nambucca LGA is widely recognized as a popular coastal tourist destination. This amendment will assist in providing alternative forms of temporary accommodation in rural parts of the shire and contribute to accessibility of the rural hinterland. The amendment will assist in providing for a variety of experiences from the low cost family accommodation, to large scale single destination development or boutique self contained accommodation. Tourism in the rural areas of the Shire has the potential to create a positive contribution to the local economy.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

2551/2012 - Department of Planning Response - Gateway Determination

 

2View

5529/2012 - RFS response regarding planning proposal

 

??


Ordinary Council Meeting - 11 April 2012

Planning Proposal LEP Amendment No 7 Rural Tourist Facilities - Result of Exhibition

 





Ordinary Council Meeting - 11 April 2012

Planning Proposal LEP Amendment No 7 Rural Tourist Facilities - Result of Exhibition

 



Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director Environment & Planning's Report

ITEM 10.10? DA2012/004????? 110412???????? DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

 

AUTHOR/ENQUIRIES:???? Selina McNally, Senior Town Planner ????????

 

Summary:

 

Applicant:????????????????????? Alan Rudge Architects

 

Proposal:?????????????????????? Extensions to Bawrunga Medical Centre

 

Property:??????????????????????? Lot 1 SP 76307, 1/1 Marshall Way, Nambucca Heads

 

Zoning:?????????????????????????? R1 General Residential

 

This proposal relates to the conversion of some existing office space behind and attached to Bawrunga Medical Centre into additional consulting and medical rooms for Bawrunga Medical Centre. The proposal is therefore effectively an extension to the medical centre through conversion. The proposal will result in an additional three (3) new consulting rooms, as well as additional space for a staff lunch room, an increase in the existing office space and an increase in space dedicated to waiting areas.

 

The proposal includes a request to vary Nambucca Development Control Plan 2010 (NDCP)? requirements in relation to provision of car parking, specifically the primary parking standard contained within Table C1 of Part C NDCP. Council?s Engineering Department do not support the request, which is for a substantial variation, as very limited parking is available at present, with no additional car parking being provided as part of the proposal. Your assessing officer is particularly concerned due the amount of complaints received about parking and footpath obstruction, including the recent residents petition, from residents within the surrounding area.

 

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

 

 

Recommendation:

 

That Council endorse refusal of development application 2012/004 for the extension of an existing medical centre for the following reasons:

 

1????????? Pursuant to Section 79C(1)(a)(iii) of the EP&A Act 1979, the proposed development does not comply with clause C2.1 of the Nambucca Development Control Plan 2010, in relation to car parking requirements.

 

2????????? Pursuant to Section 79C(1)(b) of the EP&A Act 1979, it is considered the development has high potential to significantly impact further on existing traffic and parking issues in the surrounding locality.

 

3????????? Pursuant to Section 79C(1)(c), it is considered that as there is no opportunity to provide additional car parking to serve the development on site, and there is no alternative to provide adequate car parking,? that the site is not suitable for the development.

 

4????????? Pursuant to Section 79C(1)(e) of the EP&A Act 1979, it is considered that the proposed development is not in the public interest as it will exasperate existing issues regarding Highway Safety, which negatively impact on the existing amenity of the area.

 

 

 

Pursuant to Section 79C(1)(e) of the EP&A Act 1979, it is considered that the proposed development is also not in the public interest as it will result in a significant variation to Council?s adopted standards, which may result in an undesirable precedent being set for similar applications.

 

 

OPTIONS:

 

1????????? That Council refuse the application.

 

2????????? That Council accept the request for a variation to the car parking standards within NDCP 2010 Part C.

??????????? Should Council choose this option then the application be referred back to the Town Planning staff to prepare a set of conditions to be applied to the Notice of Determination including a condition that restricts the number of patients it may have on its books to pre development numbers.

 

 

DISCUSSION:

 

The proposal relates to a Strata Titled property on the corner of Marshall Way and Farringdon Village behind (West) the Nambucca Plaza Shopping Centre. Bawrunga Medical Centre is occupier Lot 2 and Lot 1 is currently occupied by Farringdon Village Administration, which they use as their customer office. They are due to relocate and Bawrunga wish to extend their medical centre into the vacated space. This will involve some minor internal alterations and a complete reconfiguration of the existing floor space is proposed, resulting in three (3) additional consulting rooms with extensions to treatment, waiting and staff areas.

 

The generation of further consulting rooms, and the employment of additional staff, both require the provision of further car parking. The site currently has seven (7) car parks which was required when the original DA for the Medical centre was approved (DA 1999/360). The new completed Medical Centre, if this pending DA were to be approved, would require a total of 28 car park spaces.

 

There is no opportunity for the medical centre to expand it?s car parking hence the application for a variation. However, the variation is a substantial reduction and there are two contributing factors to this. Firstly, car parking requirements have marginally increased since the original DA was approved in 1999. Secondly, the Medical Centre has undertaken several internal modifications and constructed minor extensions to the original medical centre and these expansions have taken place without the opportunity to review car parking requirements. Circularised is a highlighted floor plan to show existing the extensions in purple, the extension proposed in this Development Application in green, with the original approved building non highlighted.? It should be noted some internal alterations to the floor plan have also been carried out.

 

The applicants justification to the proposed reduction in car parking includes the fact that the current situation works despite there being insufficient on-site car parking spaces. However, Council records show that complaints are regularly received in relation to lack of parking leading to footpath obstruction at this location.

 

It is noted that the Plaza Shopping Centre is near by and in particular a section of car parking to the rear of this, and the nearest car parking area to the Medical Centre, often has spaces available. The applicant also justifies the variation by stating this car parking can be utilised by visitors to the Medical Centre. However, Council is not in a position to facilitate an agreement between Bawungra Medical Centre and the Plaza Shopping Centre over use of these spaces by visitors to the Medical Centre. There is also the potential these spaces can be fully occupied by Plaza Shopping Centre customers, particularly with the predicted population increase through the Bellwood Subdivision in close proximity. Even if these spaces were taken into consideration, they are still approximately 70 meters away and it is questionable whether this is sufficiently close for an ill person to park their vehicle and walk to the Medical Centre for an appointment.

 

The applicants also supports the request for a variation by explaining many doctors and other health professionals who are employed by the Medical Centre are part time and this should be factored into the calculation. However, the reduction in car parking is so short of what is required in this instance, any such revised calculations would not result in compliance. Furthermore, Council would not be able to restrict and control the use of the consulting rooms to only be used on a part time basis. Particularly with new residents moving into the area, with the rooms available, the opportunity is there for the rooms to be occupied full time and for the Medical Centre and it?s number of clients on the books to expand further. This would further exacerbate the existing situation of insufficient car parking available.

 

The existing situation of insufficient car parking is causing issues as reflected in complaints received as advised from Council?s Engineering Department. Footpath obstruction is an even greater concern in this area due to the high percentage of mobility scooter users and less mobile, and therefore particularly vulnerable, pedestrians who live in the existing locality.

 

 

CONSULTATION:

 

Engineering

 

MTS does not support the requested variation to DCP requirements in relation to car parking. MTS advises to approve the development application would exacerbate the already grossly insufficient number of off-street parking spaces to ensure the development is self sufficient and it will generate additional parking pressure on Marshall Way on-street parking facilities and create additional hazardous pedestrian movements across Marshall Way.

 

The memo provided from Manager of Technical is at Attachment 1.

 

Health and Building

 

Should approval be granted, recommendation of several conditions including the need for an updated Fire Safety Schedule. Notes that Council is not the nominated PCA.

 

MATTERS FOR CONSIDERATION ? SECTION 79C(1) EP&A ACT

 

In its assessment of a development application, Council is required to take into consideration the following matters:

 

(a)??????? the provisions of

 

(i)???????? any environmental planning instruments

 

Nambucca Local Environmental Plan 2010

 

This site is Zoned R1 ? General Residential.

 

(ii)??????? any draft environmental planning instrument

 

There are none specifically relevant to the proposal.

 


(iii)?????? any development control plan (DCP)

 

Nambucca Development Control Plan 2010

 

Notification and Advertising

 

The application was notified and no submissions were received in response to the notifications sent. However as mentioned, a resident Petition has been lodged with the Engineering Department after the close of submissions referring to the parking congestion and obstacles on the footpath in this locality.

 

Environmental Context and Site Analysis

 

The proposal relates to an existing and well established Medical Centre behind the Nambucca Plaza Shopping Centre in a predominantly residential area. The site is at the entrance to Farringdon Village off Marshall Way.

 

Car Parking and Traffic

 

The Medical Centre currently lacks sufficient parking for it?s existing capacity and can not provide any additional car parking as part of this proposals. A further extension of floor space and consultants to be based at the Medical Centre will further exacerbate the existing problem.

 

 

DCP Requirements

employee spaces

Visitor/customer spaces?

TOTAL

Breakdown of Requirements

1 per 2 employees +

Any dwelling requirement

3 per Consultant

 

Currently 7 car park spaces

Approved Medical Centre - DA1999/360

 

4 staff = 2

2 consulting room = 6

8 car parks

Existing Medical Centre

 

8 staff = 4

4 consulting rooms = 12

16 car parks

Proposed Medical Centre

 

13 staff = 7

7 consulting rooms = 21

28 car park spaces

 

Note: The Nambucca DCP 2010 would require 8 car parks for the original medical centre, but in 1999 the 1995 DCP only required 7 spaces which was provided.

 

The site location on a roundabout does not assist in alternative solutions such as a ?drop off? zone outside the Medical Centre.

 

b????????? the likely impacts of the development

 

Context and Setting

 

The proposal relates to minor extensions to an existing Medical Centre. Although the extension proposed are minor, the Medical Centre has undergone some previous alterations and extension without Council?s knowledge so the increase in capacity from what was originally approved for the DA for the Medical Centre DA1999/360 is significant. Shown at Attachment one.

 

Access, Transport and Traffic

 

Potential impact on traffic and pedestrian safety is the primary concern with this proposal. There is already a history of complaints with regards to obstruction of the footpath by vehicles who need to park near to the medical centre because sufficient off street parking is not available.

 

c????????? the suitability of the site for the development

 

The site does not provide opportunity to increase car parking in association with the extension and increase in staff, and subsequent patients, which suggests that the site is incapable of adequately supporting the proposal.

 

d????????? any submissions made in accordance with the Act or the regulations

 

The application was notified and no submission were received.

 

e????????? the public interest

 

A petition from the residents of Marshall Way and Farringdon Village was recently received by Council in relation to traffic safety issues at this location. These concerns were raised in relation to the existing situation and to allow this proposal will further exacerbate this problem. Unfortunately options have been considered and it has not been possible to find an acceptable solution to the existing problem, and approving this proposal will create a greater traffic management problem in this area.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No direct environmental issues.

 

Social

 

The expansion of the medical centre and provision of extra service locally is a good thing for the local community. However, it needs to be provided at an appropriate location with adequate car parking provision.

 

The current car parking problems has the local community concerned enough to submit a petition with Council raising their concerns.

 

Economic

 

The expansion of local businesses should be supported but when a business out grows its current location, a new location must be considered.

 

Risk

 

Council recently received a petition following the constant obstruction of the footpath along Marshall Way due to insufficient off-street parking for the Medical Centre. To allow the extension to take place and further exacerbate this problem, may expose Council should an incident arise.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

None identified.

 

Source of fund and any variance to working funds

Not applicable.

 

 


Should Council resolve to approve the development, the following draft conditions are recommended:

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1??????? The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated *** and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Survey DA-01

 

Alan Rudge Architects

Nov 2011

Floor Plans DA-02

 

Alan Rudge Architects

Nov 2011

Elevation DA-03

 

Alan Rudge Architects

Nov 2011

Statement of Environment Effects

 

Alan Rudge Architects

21.12.2011

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

2??????? All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

Access and facilities for disabled

 

3??????? The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Landscaping plan required

 

4??????? The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Nambucca Development Control Plan 2010. Such plans and specifications must be approved as part of the Construction Certificate.

 

Plumbing standards

 

5??????? All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

 


THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Construction times

 

6??????? Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, where audible on adjoining residential premises, can only occur:

 

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

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

????????? c?????? No construction work can take place on Sundays or Public holidays.

 

Builders rubbish to be contained on site

 

7??????? All builders rubbish is to be contained on site in a ?Builders Skips? or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Site construction sign required

 

8??????? A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a??????? showing the name, address and telephone number of the principal certifying authority for the work, and

b??????? showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c??????? stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m2.

 

Standards for demolition work

 

9 ?????? All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 ?The Demolition of Structures?. Prior to demolition, all services are to be disconnected and capped off.

 

No work is to be commenced in regard to the demolition or removal of the building until such time as the appropriate fees for disconnection of water and sewerage services are paid to Council where such services are no longer required. The sewer drainage system is to be appropriately sealed to prevent ingress of water and debris into the Council?s main. Arrangements are to be made with Council for the withdrawal of the garbage services and collection of the waste bins.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

 

 

Fire Safety Schedule

 

10????? At the completion of works an upgraded fire safety schedule is to be prepared and an essential fire safety statement issued, a copy of which is to be sent to Council, the Fire Commissioner and displayed on the premises.

 

 


THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

 

Restriction of Patient Numbers

 

12???????? The number of patients on the Medical Centres books must not increase once the development is completed, from the existing numbers of patients. The ?existing number? of patients is taken at the date of this Consent.

 

Attachments:

1View

8187/2012 - Engineering comments for referral to DA 2012/004

 

2View

?- CIRCULARISED DOCUMENT:? Layout of site plan for proposed alterations

 

??


Ordinary Council Meeting - 11 April 2012

DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

 

M E M O R A N D U M

 

 

TO: ???????????????????????????? SENIOR TOWN PLANNER

 

FROM:??????????????????????? MANAGER TECHNICAL SERVICES

 

SUBJECT:???????????????? PROPOSED RENOVATIONS OF EXISTING BAWRUNGA MEDICAL CENTRE

 

DATE:???????????????????????? 29 MARCH 2012

 

FILE NO:??????????????????? DA 2012/004

 

 

 

Selina:

 

I refer to the abovementioned Development Application and confirm comments made in previous discussions.

 

The proposed renovations to the medical centre will further exacerbate the already insufficient number of off-street parking facilities to ensure the development is self sufficient.

 

Councils DCP 10, Part C2.1 Primary Parking Standards requires the following parking allocations for Medical Centres:

 

Land Use Resident/

employee spaces

Visitor/customer spaces

 

Medical Centre/Health

Consulting Room/

 

1 per 2 employees +

Any dwelling requirement

 

3 per Consultant

 

 

Current usage:

 

3 Doctors and 1 external pathologist and say 8 employees at any given time, this equates to the requirement for 16 off street parking bays.

 

There is currently 7 off street parking bays, including 2 disabled (one with questionable access)

 

Proposed Usage

 

The proposal is for three additional consulting rooms, one extra doctor and part time allied health practitioners, there is no reason to believe the part time usage of the consulting rooms wouldn?t extend to full time usage, therefore allowance for parking should reflect this, equating to an additional 12 parking bays.

 

In short approximately 28 off street parking bays would be required and 7 are provided

 

A further objective of Councils DCP 10 Part C Car Parking and Traffic is that ?adequate provision is made for safe movement of vehicular and pedestrian traffic within and near any proposed development?. As the proposal has insufficient off street parking facilities the adjoining streets would be expected to provide on-street parking for patients and possibly staff of the medical centre.


2

 

Memo - DA 2012/094

2 April 2012

 

 

 

 

On site inspections have confirmed patients of the medical centre already utilise the Marshall Way kerbside parking facilities on the opposite side of the road to the medical centre as a means of convenient parking. There is really nowhere else for the patients to park as on-site facilities are occupied. Frail and sick patients are forced to cross Marshall Way to access the Medical Centre.

 

Council has received a number of complaints regarding lack of parking adjacent to the centre with its current usage.

 

The proposed expansion of the Bawrunga medical centre will generate additional parking pressure on Marshall Way, particularly on the opposite side of the road.

 

With the proposed release of 500 lots off Alexandra Drive and its possible connection with Marshall Way an additional 6,000 vehicles per day could be passing the medical centre daily. Patients already struggling to cross Marshall Way would find it impossible and dangerous, no doubt further on-street parking restrictions would be put in place and patients would need to look elsewhere to park.

 

Parking for patients would also overspill into the adjacent Nambucca Plaza Car Park, approximately 70m from the centre. The developers of the plaza have been required to construct the car parks for the provision of staff and customers of the Plaza.

 

The property is owned by Bawrunga Medical Service. It is strata titled with 2 lots. The intention is to revert to one Torrens tile property and uniformly Commercial. SP76307 is attached and would need to be amended to reflect the proposed changes.

 

In short. - The proposed renovations/expansion to the medical centre will further exacerbate the already grossly insufficient number of off-street parking spaces to ensure the development is self sufficient; it will generate additional parking pressure on Marshall Way on-street parking facilities and create additional hazardous pedestrian movements across Marshall Way.

 

I therefore do not support the applicants request to vary the DCP

 

 

 

KEITH WILLIAMS

 

 


Ordinary Council Meeting - 11 April 2012

DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

 

 

 

CIRCULARISED DOCUMENT:? Layout of site plan for proposed alterations

 

??Pages

 

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director of Engineering Services Report

ITEM 11.1??? SF101????????????? 110412???????? Public response to the donation of the whale sculpture

 

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

 

Summary:

 

Council at its ordinary meeting held on 16 February 2012 resolved to seek community comment before accepting the offer of the sculptured whale and seek proposed locations for the installation of the structure.

 

Submissions on whether the community would like to see the whale sculpture installed and suggestions of the proposed location closed on Friday 23 March 2012.? This report now seeks Council?s direction as to whether it wishes to accept the donation of a timber sculptured whale and the associated cost of installing the sculpture and selection of a permanent location.

 

 

Recommendation:

 

1??????? That Council advise Mr Kroie that it will accept the offer of the sculptured whale.

 

2??????? That Council allocate an amount of $3000.00 from working funds for the installation of the sculptured whale at the Nambucca Surf Life Saving Club.

 

 

 

OPTIONS:

 

?????????????? Reject the offer of the donation of a timber sculptured whale.

?????????????? Accept the offer of the donation of a timber sculptured whale.

 

 

DISCUSSION:

 

In accordance with Council?s resolution the offer was advertised in the Nambucca Guardian News, the Hibiscus Happynings, the Mid Coast Observer and on Council?s website seeking public comment.

 

Council received 10 submissions in favour

proposed locations

????????? 4 x at the surf club at Main Beach

????????? 5 x at Captain Cook Look out

????????? 1 x at no fixed location

????????? (support from Nambucca Chamber of Commerce)

 

Council received 6 submissions not in favour,

????????? 1 x said it was an ugly structure nothing like a whale

????????? 3 x said the money would be better spent on roads or other infrastructure in need of repair

????????? 1 x said comical whale and money better spent fixing council assets

????????? 1 x said the money would be better spent on roads than a log

 

 

CONSULTATION:

 

There has been no other consultation undertaken in preparing this report

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment associated with this report.

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report

 

 

Risk

 

There is the risk of long term maintenance of a timber structure (continued oiling) and potential vandalism of the whale structure if Council choose to accept the offer

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no funds available in the 2011/12 budget for the installation of the sculpture and Council would need to make an allocation from working funds for the amount of $3,000.00 if Council resolved to accept the offer and install the sculpture.

 

Source of fund and any variance to working funds

 

An amount of $3,000.00 from working funds if Council resolve to accept the offer and install the sculpture.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director of Engineering Services Report

ITEM 11.2??? SF604????????????? 110412???????? Removal of Chinese Tallowood (Class 3 Noxious Weed) Trees - Dawkins Park, Macksville

 

AUTHOR/ENQUIRIES:???? Tim Woodward, Noxious Weeds Inspector ????????

 

Summary:

 

The Chinese Tallow Tree (Sapium sebiferum ) is a declared Class 3 Noxious Weed in the Nambucca Shire Council. It is a requirement of the Noxious Weed Act, 1993 that all Class 3 weed species ?must be fully and continuously suppressed and destroyed.?

 

There are three (3) Chinese Tallow Trees established in the south western fringe of Dawkins Park which are quite large and currently provide shade and shelter for seating regularly utilised by the staff of Autumn Lodge, and also for the main bus shelter located on the western side of the highway, between Autumn lodge and the Caltex Service Station.

 

The removal of these trees will create a large impact to the aesthetics and amenity of the public area, but it is proposed to re-establish more desirable, advanced native tree species (such as Lemon Myrtle, Backhousia citridoria or Cheese Trees, Glochidion ferdinandi) in the immediate area to fill in the gaps created by the removal of these trees.

 

Council requires private land holders to manage Noxious Weed species according the requirements of the Noxious Weed Act.? Therefore, as the Local Control Authority, Council should be seen to be controlling high class Noxious Weeds within lands under its ownership/management to a level required by legislation.?

 

 

Recommendation:

 

That Council note that the three Chinese Tallow trees in Dawkins Park, Macksville, which are declared Class 3 Noxious Weeds are to be programmed for removal and that Council will replant three (3) advanced trees.

 

 

OPTIONS:

 

There are no options as Council has a requirement under the Noxious Weed Act, 1993 to remove these weed species.

 

 

DISCUSSION:

 

Chinese Tallow Trees (Sapium sebiferum) are recognised as a high class weed species within the Nambucca Shire Council local government area and surrounding region. ?They are recognised as a high risk species within the Northern Rivers Invasive Plants Action Strategy for having the potential to become highly invasive and have substantial impact. ?Chinese Tallow trees produce large amounts of berries (see photos in this report) that can be widely dispersed by bird species.

 

Fruit ? Spread by animals and water movement

 

 

Chinese Tallow Trees situated near Autumn Lodge and adjoining main bus shelter

 

 

Looking North Bound towards Caltex, Chinese Tallow

 

 

CONSULTATION:

 

Director Engineering Services

Manager of Civil Works

Parks and Reserves Supervisor

Maintenance Manager, Nambucca Valley Care

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Invasive Plant Species have the ability to impact on Agricultural production, the Environment and on human health.? The removal of these mature trees will prevent their potential spread to adjoining areas.

 

Social

 

Removal of these trees will have an impact on the amenity and aesthetics of Dawkins Park, but this will be ameliorated through the establishment of more desirable native tree species.?

 

Economic

 

Removal of Invasive Plant Species helps to maintain agricultural production and ongoing economic viability of the district.

 

Risk

 

Failure to remove the trees would be a legislative non-compliance and Council would risk a penalty fine.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2011/12 budget contains an allocation for the removal of the trees.

 

Source of fund and any variance to working funds

 

There is no variation to working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 11 April 2012

Director of Engineering Services Report

ITEM 11.3??? SF61??????????????? 110412???????? Professional Lifeguard Services Report for the Contract Period 2011/2012

 

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

 

Summary:

 

The 2011/2012 Contract Report from Australian Lifeguard Service has been received by Council for the patrol areas of Nambucca Heads, Scotts Head and South Valla Beach.? A copy of the Report is available to Councillors upon request.

 

Under the provisions of Council?s 2011/12 Management Plan, the Report is to be submitted to Council by 31 March annually, and will be reflected in the March Quarterly Performance review..

 

The report provides statistical information on each beach patrol area relating to the following functions

?????? Beach usage and rescue statistics

?????? First aid and preventative actions

?????? Ordinance control

?????? Public relations.

 

 

 

Recommendation:

 

That Council receive and note the Season Report for 2011/2012 by Australian Lifeguard Service.

 

 

 

OPTIONS:

 

?????????????? Note the report.

?????????????? Consider extending life guard service through other holiday periods of Spring and Easter, Autumn school holidays.

?????????????? Consider extending the hours of the life guard service from 9.00 am to 5.00 pm.

 

 

DISCUSSION:

 

Nambucca Shire Council uses the Australian Lifeguard Service to provide lifeguard services for Valla Beach, Nambucca Heads and Scotts Head beaches over the Christmas Holidays.? Specifically this organisation patrols the beaches between 9.30 am and 3.30 pm during the following periods:

 

????????? Valla Beach ??????????????????? 21 December 2011 to 27 January 2012

????????? Nambucca Heads??????????? 21 December 2010 to 27 January 2011

????????? Scotts Head ?????????????????? 21 December 2010 to 27 January 2011

 

Nambucca Heads and Scotts Head Surf Life Saving Clubs also provide valuable volunteer hours in addition to the contracted services.

 

Australian Lifeguard Service is required to provide a Contract Report at the end of the season and a copy of the 2011/2012 document is available to Councillors upon request.? The Report provides statistical information on each beach patrol area relating to the following functions:

 

?????? Beach usage and rescue statistics

?????? First aid and preventative actions

?????? Ordinance control

?????? Public relations.

 

The Nambucca Valley experienced unfavourable weather conditions in the first two weeks of the seasons service resulting in dangerous surf conditions and the beaches were closed to the swimming public. Attendance during the December/January period at beaches significantly increased when compared to the previous years:

 

????????? 2009/10??????? 30,977

????????? 2010/11??????? 23,931

????????? 2011/12??????? 32499

 

As with previous sta