NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 25 October 2012

 

LATE AGENDA                                                                                        Page

 

1        ASKING OF QUESTIONS WITH NOTICE

 

   

9        General Manager Report

9.12   Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2011 2

9.13   Resolution to Attach Council's Seal to the Lease for Encroachments - Nambucca Beach Holiday Park and the White Albatross Holiday Park....................................................................................... 4

9.14   Bowraville Off River Water Storage - Project Implementation Management Plan...................... 6    

 

 


      


Ordinary Council Meeting                                                                                                25 October 2012

General Manager's Report

ITEM 9.12    SF355              251012         Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2011

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Local Government Act 1993 requires that Councillors and designated persons submit returns disclosing their pecuniary interests and other matters annually.

 

 

Recommendation:

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2012, be tabled.

 

 

 

OPTIONS:

 

There are no options.  Section 450A of the Act requires the returns to be tabled.

 

 

DISCUSSION:

 

The General Manager is obliged to ensure returns are tabled in accordance with Section 450A of the Local Government Act.

 

In accordance with Section 450A of the Local Government Act, I hereby inform Council that returns disclosing interests of Councillors and designated persons have been received from:

 

Councillors

Rhonda Hoban

John Ainsworth

Martin Ballangarry OAM

Brian Finlayson

Paula Flack

Kim MacDonald

Bob Morrison

Anne Smyth

Elaine South

 

Designated Staff

Michael Coulter

Craig Doolan

Joanne Hudson

Wayne Lowe

Daniel Finlayson

Gregory Meyers

Paul Guy

Coral Hutchinson

Paul Gallagher

Noel Chapman

Richard Spain

Keith Williams

Peter Baynes

Keith Williams

 

 

CONSULTATION:

 

There has been follow up for outstanding returns with Councillors and designated persons.

 

 

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 risk implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                25 October 2012

General Manager's Report

ITEM 9.13    SF1480            251012         Resolution to Attach Council's Seal to the Lease for Encroachments - Nambucca Beach Holiday Park and the White Albatross Holiday Park

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The report concerns the attachment of Council’s seal to resolutions to lease encroached land to the White Albatross Holiday Park and the Nambucca Beach Holiday Park.

 

 

Recommendation:

 

1.       That Council attach its seal to licence and lease documents for the White Albatross Holiday Park and the Nambucca Beach Holiday Park.

 

2.       That Council note the rental payments which will be applicable under the initial licence and then the lease.

 

 

OPTIONS:

 

There are no real options.  Council has already resolved to proceed with the leasing of the land.   The purpose of the report is simply to obtain a resolution to attach Council’s seal to the lease documents.

 

DISCUSSION:

 

On 15 July 2010 Council, as the Reserve Trust Manager, resolved to enter into a lease for the boundary encroachments at the Nambucca Beach Holiday Park (Swimming Creek).  The General Manager and the Mayor were authorised to conclude negotiations for the Lease terms and conditions and execute all documents required to given effect to the Lease.  Since then there have been lengthy and ongoing negotiations with the caravan park owner and the Department of Lands in relation to the lease.  The area of encroachment has been reduced by 271m2 and agreement has been reached on a rental of $7,242 per annum for the 2,130m2 of encroached land.

 

Similarly in June 2010 Council resolved to offer to the White Albatross Holiday Park a 10 year lease for the area of its encroachments, with the rent to be determined by an independent market valuation.  Lengthy and ongoing negotiations have similarly occurred with the area of encroachments being substantially reduced.  The area of encroachment has been reduced by 3,589m2 from the initial area of 6,404m2.  Agreement has been reached for a rental payment of $10,512 per annum for the 2,815m2 of encroachments.

 

Neither of the resolutions in 2010 authorised the application of Council’s seal to the licence and lease documents.  The documents require Council’s seal and pursuant to the Local Government Act 1993, they can only be applied by resolution.

 

As a consequence it is recommended that Council’s seal be attached to licence and lease documents for the encroached land at the Nambucca Beach Holiday Park and the White Albatross Holiday Park.

 

CONSULTATION:

 

There has been consultation with Council’s Business Development Manager.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications with the recommendation.  If the encroached land is not leased, there would be social impacts as Council would require the relocation of the affected moveable dwellings and their permanent occupants.  This is likely to be traumatic for the affected residents.

 

Economic

 

There are no economic implications.

 

Risk

 

The major risk concerns the displacement of residents who occupy moveable dwellings encroaching on Crown land.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a reduction in rental income as a consequence of the reduction in the area of encroachments.

 

Source of fund and any variance to working funds

 

There will be an impact on working funds with the loss of some rental income.  The Department of Lands requires that this rental income only be expended on Crown reserves.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                25 October 2012

General Manager's Report

ITEM 9.14    SF1669            251012         Bowraville Off River Water Storage - Project Implementation Management Plan

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Development approval for the Bowraville Off-River Storage and Associated Works was granted by Council on 21 October 2010.

 

Conditions 2 and 3 required the preparation of a Project Implementation Management Plan and the approval by the Steering Committee prior to construction commencing.  A summary of the status of this live document follows and recommends approval by Council.

 

On 11 July 2012 Council agreed to accept tenders to construct the off river storage and Letters of Acceptance were issued to the successful contractors on 6 August 2012.

 

Since that time the contractors have been preparing management plans and seeking to gain all necessary approval required for them to be able to commence works on site.

 

There will be the potential for a delay in construction and a delay claim in the event that the Project Implementation Management Plan is not promptly considered.

 

 

Recommendation:

 

That Council approve the Project Implementation Management Plan as submitted to enable the construction of the Bowraville Off-River Storage and Associated Works to commence.

 

 

OPTIONS:

 

There are no options other than the potential for a delay claim.

 

DISCUSSION:

 

The Project Implementation Management Plan (PIMP) is a condition of the Planning Approval issued by Nambucca Shire Council on the 21s October 2010 for the Bowraville Off-River Storage Dam and Associated Works.

 

Details of the relevant Conditions of the Planning Approval are as follows:

 

‘2 The Activity (Bowraville Off-River Storage Dam and Associated Works) being constructed in accordance with the requirements and mitigation measures identified in the Environmental Impact Statement prepared by GHD dated October 2009 and the Bowraville Off-River Storage and Associated Works Submissions Report – March 2010 prepared by GHD and all subsequent Licences, Approvals and Permits issued by the various state government agencies for the activity and inclusive of the following conditions.

 

3 A detailed Project Implementation Management Plan being prepared by a duly qualified and experienced expert consultant or Agency, outlining the timing, processes and procedures for the works, including licences, permits and approvals still to be obtained and the implementation of the mitigation measures identified in the EIS and Submissions Report. The Project Implementation Management Plan is to be submitted to and approved by the Council’s Water and Sewerage Projects Steering Committee prior to any works commencing on site.

 

4.The Project Implementation Management Plan “shall be a “live” document and shall include as components, the Environmental Management Plan, Construction Environmental Management Plan, Project Waste and Minimisation Plan, Soil and Erosion and Sedimentation Management Plan, a Community Engagement and Consultation Plan all as recommended in the EIS.

 

Version 1 of the Project Implementation Management Plan has been prepared and a copy is attached.

 

This Plan includes the Construction Environmental Management Plan and associated Sub Plans for both Package A and Package B Works being undertaken by Haslin Constructions Pty Ltd and Ledonne Constructions Pty Ltd respectively

 

Actual Construction Works for both Package A and Package B are expected to commence in early November 2012.

 

Public Works have reviewed all Management Plans submitted to date in accordance with Public Works checklists and the construction specifications. Public Works considers that the plans are sufficiently developed to be acceptable for construction to commence although the contractors have been requested to make minor amendments to the documents.  The Management Plans and Sub-Plans are monitored monthly by Public Works on-site Surveillance Officer against checklists and quarterly through environmental audits.

 

It should be noted that the PIMP with attachments is a significant document that would take considerable time to distribute to Councillors for individual review and comment.  This is not considered to be the intent of the approval condition as a detailed review process would cause considerable delay to the contractor and expose Council to the risk possible delay claims.  Rather it is considered that the approval process provides Council with the opportunity to confirm with the Public Works that all Management Plans are in place prior to proceeding with works on site.

 

The PIMP is a “live” document and Councillors are invited to read the plans in detail and submit comments for amendment and inclusions if they so desire.  Optional monthly site inspections will also provide Councillors with ample opportunity to see how the contractors are managing the works in compliance the mitigation measures detailed in the EIS.

 

Councillors wishing to access any of the management plans and associated sub plans are asked to contact Council’s Manager Water and Sewerage who will make them available, possibly on a CD.

 

 

CONSULTATION:

 

Director Engineering Services

NSW Public Works

NSW Office of Water

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environment impacts of the project have been detailed in the Environmental Impact Statement that has been accepted by Council and amended at the Council Resolution 3338/12 on 11 April 2012. 

 

A draft Adaptive Management Strategy has been developed and is planned to be implemented by Council in late 2012.

 

Social

 

The project aims to provide a social benefit through security of water supply.

 

Economic

 

Council has awarded the contracts. Both contractors for the project, Haslin and Ledonne have been granted site possession. Delays in granting approval to commence construction may result in delay costs.

 

Risk

 

Delaying approval to construct may result in delay costs to the Contractors in the order of $14,000/day.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for the project is sourced from grants, reserves and loans.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

27913/2012 - Project Implementation Management Plan - PIMP - version 1

0 Pages

  


Ordinary Council Meeting - 25 October 2012

Bowraville Off River Water Storage - Project Implementation Management Plan