NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

24 April 2013 VALLA HALL, VALLA ROAD, VALLA

 

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 and a full day meeting commencing at 8.30am on the Wednesday two weeks and one day before the Thursday meeting. Meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

How can a Member of the Public Speak at a Council Meeting?

 

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

 

Members of the public are welcome to attend meetings and address the Council.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

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

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 24 April 2013

VALLA HALL, VALLA ROAD, VALLA

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

 

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

 

AMENDED AGENDA?????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 10 April 2013

5??????? NOTICES OF MOTION

5.1???? Notice of Motion - Distribution of Electronic Business Papers 6 ?

 

6??????? PUBLIC FORUM ?

 

????????? DELEGATIONS

9.4???? Planning Proposal - Nambucca LEP Amendment NO. 13 - Schedule 1 Amendment to use Lot 155 and 188 DP 755537 for the Purposes of Seniors Living Development................ 33

?????????????????? i)??????? Ms Kristy Lee, Director Hamptons Property Services

 

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........................................ 7

9.2???? Local Government Acts Taskforce - Release of Discussion Paper on the Review of the Local Government Act 1993.... 13

9.3???? Final Draft Section 94A Contribution Plan for Adoption....... 16

9.4???? Planning Proposal - Nambucca LEP Amendment NO. 13 - Schedule 1 Amendment to use Lot 155 and 188 DP 755537 for the Purposes of Seniors Living Development................ 33

9.5???? Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure..................................................... 38

10????? Assistant General Manager Corporate and Community Services Report

10.1?? Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013...... 48

10.2?? Privacy Management Plan................................................ 57

10.3?? Applications and Statistical Reports 2012-2013 - March 2013??????????????????????????????????????????????????????????????????????????????????????? 64

10.4?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013 65

10.5?? Contract Regulatory Officer's Report March 2013.............. 69

10.6?? Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 11 March 2013 (MINUTES TO BE TABLED AT MEETING)................................................................. 70

11????? Assistant General Manager Engineering Services Report

11.1?? Capital Works Report - 1 January 2013 to 31 March 2013.. 80 ???


 

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

12.1?? General Manager's Performance Review

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

??

??????????? a???? Questions raised by Councillors at 8 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii??????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv?????? DEAL WITH MOTION TO CLOSE THE MEETING

13????? MEETING CLOSED TO THE PUBLIC

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

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

???


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Notice of Motion

ITEM 5.1???? SF919????????????? 240413??????? Notice of Motion - Distribution of Electronic Business Papers

 

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

 

Summary:

 

Previously Council resolved that for the Wednesday Council meetings? business papers should be completed for posting by close of business on the Wednesday prior.? This was done to ensure that papers were received by Councillors prior to the weekend to ensure sufficient time for consideration.? The practice has however placed considerable pressure on staff to complete and review business paper reports.? Now that all Councillors have been provided with Ipads, the problem of contract mail delivery times has been removed and the recommendation provides a single deadline for staff and councillors.

 

 

 

Recommendation:

 

That business papers for ordinary Council meetings are forwarded to Councillors' Ipads by close of business on the Thursday prior to the meeting.

 

 

Attachments:

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


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

General Manager

ITEM 9.1???? SF959????????????? 240413??????? 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

 

MARCH 2011

1

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

 

GM

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 May/June 2012.

Re the delay, Council?s Strategic Planner has followed up the RMS.

Staff meeting with Consultants on Wednesday 18/10/12.

Funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.

JUNE 2011

2

SF841

2/06/2011

Council write to the RMS 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.

 

AGMCCS

Letter sent 8 June 2011.

No response as at 6 December 2011.

Further letter sent 10 January 2012.

No formal response, however RMS have verbally advised that a formal response will be with Council prior to the end of May 2012

DEP to follow up with RMS.

To be discussed further with RMS.

Further letter sent 4 January 2013.

No response as at 4 March 2013

Further letter sent 17 April 2013 with copy to Mr Stoner.


 

JULY 2011

3

SF1031

21/7/2011

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

 

GM

Policy under revision and to be reported to future meeting.? Also the State Government policy has recently changed.

 

Awaiting finalisation of Nambucca River Flood Studies

 

OCTOBER 2011

4

SF1595

20/10/2011

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

 

AGMES

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 May 2012.

Deferred until   October following the election of the new Council and to be included in Tree Register? Item No 11 below. Deferred to November 2012.

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? March 2013

 

5

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.

 

AGMCCS

Farmland criteria to be revised prior to the issuing of the 2012/13 rates.

 

Change in Rates staff meant that there has not been the opportunity to review the criteria.? To be reported in 2012/2013.

Once Finance Structure resolved this matter should progress.

FEBRUARY 2012

6

GB2/12

02/02/2012

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

AGMES

Nesting boxes were installed in December 2012, advanced trees still awaiting delivery.

 

Advanced trees have been sourced and are scheduled for delivery to Council after Easter.

MARCH 2012

 

7

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.

 

AGMES

Report will be presented to Council in August 2012.

To incorporate outstanding action No 5 above.

Deferred until October following Council elections.

Deferred until November 2012.

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? March 2013

 


 

AUGUST 2012

8

SF96

15/08/2012

Council develop a policy in relation to the erection of signs on public land.

 

AGMES

A draft policy will be developed for Council in November 2012

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction - March 2013

 

Awaiting TASIC guidelines for tourist signage to complete policy and guidelines.? In accordance with Council procedures a memo will be provided to Council with the new policy ? April 2013.

 

OCTOBER 2012

9

DA2012/069

25/10/2012

Council to seek full external funding for independent traffic study for Pacific Highway Upper Warrell Creek Road Intersection

MBD/

G&CO

Investigations underway

Discussed at meeting on 18 March 2013.? Agreed that Boral and APS would prepare a traffic study.

NOVEMBER 2012

10

SF29

29/11/2012

Representatives of Clarence Valley Council be requested to meet with representatives of this Council to discuss the distribution of the assets and liabilities of the CRL.

 

GM

Letter sent 5 December 2012.? Discussion with CVC General Manager who requested the matters of contention be listed in an email.? Points of contention emailed 28 February 2013.

DECEMBER 2012

11

SF688

12/12/2012

Council to consider a position of Natural Resources Officer in the 2013/14 Environmental Levy Program

 

GM

To be reported with draft Delivery Program (budget) for 2013/14

Included in draft budget.

JANUARY 2013

 

12

RF275

16/01/2013

Councillors to be notified of DA?s with a value or cost > $1m.

 

AGMCCS

On-going

 

13??????????

SF1817

16/01/2013

Council review its tree removal policy and incorporate suggestions contained in NoM ? the 6D principles.

 

AGMES

Report February 2013

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction in April 2013.

 

 

14

SF734

16/01/2013

Council undertake a seminar on the implications of the upgrade of the Pacific Highway for the Nambucca Valley and a further report come to Council on proposed speakers, a budget and the availability or otherwise of funding from Industry & Investment.

 

GM

Report March 2013.? Deferred to allow for consultation with the RMS and Kempsey Shire Council.

 

 

15

SF1817

31/01/2013

Council write to the Min. for the Arts, through the Hon. Andrew Stoner MP calling upon the Government to implement the submission from the Library Council of NSW for the reform of the funding system for NSW Public Libraries.

 

AGMCCS

Letter to Mr Stoner sent 18 February 2013, Letter of acknowledgement and advice of his representations to the Minister for Arts received 26 February 2013.

 

Response received from Minister 20 March 2013 ? TRIM 7076/2013 attached.

 

16

LF167

31/01/2013

Mayor and AGMCCS visit the owner of 5625 Pacific Highway, North Macksville and explain the seriousness of Council?s orders and discuss options for rectifying the problem.

 

AGMCCS

Arrangements being made.

On site meeting held. Positive steps for progress.

Plumber engaged by landowners. Recent wet weather has restricted any progress.

 

Application received 22 March 2013 and referred to DI&I 15 April 2013

 

FEBRUARY 2013

 

17

SF84

13/02/2013

Council advise the RFS that it is only prepared to accept the RFS Bid for 2013/14 indexed as per the rate pegging levy of 3.4%.

 

AGMES

Letter sent.? Awaiting response.

 

Letter sent to the RFS Commissioner, Minister and RFS Zone Manager.

-???? NIL response from State Government

-???? Amended Bid from the Zone Manager provided ? to be reported at the April Council meeting.

 

 

18

SF1817

28/2/2013

Council write as a matter of urgency to the RMS to place a 60km/hr speed zone on the Pacific Highway at the Link Road, Nambucca Heads intersection.

Also that the RMS be asked to install advising signs on the Highway alerting motorists to the intersection.

 

GM

Letter issued on 6 March 2013

 

19

SF453

28/2/2013

Council write to CHCC and EPA requesting a review of the outcomes of the upgraded Biomass plant.

GM

Letter sent 5 March 2013

 

 

MARCH 2013

 

20

PRF54

13/3/2013

A further meeting of stakeholders be arranged to discuss options for the on-going management of the Gumma Reserve.

 

GM

Meeting to be arranged in April 2013.? This meeting was postponed (3/4) to a future date.

 

 

 

21

SF1687

28/3/2013

Council receive a report on how the information obtained from the floor level survey of Macksville will be managed once it is received.? Also that Council ask the RMS whether they will include some homes in the Kings Point area.

 

GM

Report in May 2013

 

22

SF1031

28/3/2013

That there be a review in 6 months time of the policy on rainwater tank rebates to determine whether or not there should be an increase in funding.

 

AGMES

Report due October 2013

 

23

SF1760

28/3/0213

That Council be provided with a report on Waste Depot fees for non-service residents, including the possibility of a voucher system.? The report is to provide feedback on how other councils are handling this matter.

 

AGMES

To be reported with draft budget.? Anticipate May 2013.

 

 

 

24

DA2012/108

28/3/2013

That Council rescind the motion to approve DA2012/108, to enable Mrs Leckie?s delegation to be heard including the new information regarding impacts to her property from the proposed development prior to re-determining DA 2012/108.

 

AGMCCS

DA to come back to Council on 24 April 2012.

 

DA to come back to a future meeting of Council.

 

25

RF284

28/3/2013

Council write to the Minister for Transport to expedite the upgrade and replacement of load limited railway bridges (overpasses) on Browns Crossing Road

 

AGMES

Letter written w/e 5/4/2013.

 

26

SF1687

28/3/2013

Council be provided with confirmation that cisterns in the Macksville Park amenities building have been rectified.

 

AGMES

May 2013

 

 

APRIL 2013

 

27

SF601

10/4/2013

Council request RMS to urgently prepare for ON and Off ramps for the Pacific Highway in the vicinity in North Macksville as to facilitate a discussion

GM

Letter sent to RMS on 12 April 2013

 

28

DA2010/004

10/4/2013

That this application be deferred to the Council meeting 15 May 2013

MAC

Scheduled for 15 May 2013 meeting

 

29

DA2012/010

10/4/2013

That this application be deferred to enable further discussion with the applicant

MAC

Will be scheduled for further consideration following discussions

 

30

PRF54

10/4/2013

Camping Fees for Gumma Reserve be set $5.00/child and $10/adult per day and included in Council?s 2013/2014 Fees and Charges

GM

Proposed fees included in Draft 2013/2014 Fees and Charges

 

31

SF669

10/4/2013

That Council respond to draft SEPP Coal Seam Gas exclusion zones

GM

Submission sent on 12 April 2013

 

Attachments:

1View

7076/2013 - Information update in relation to the Revitalising Regional Libraries program

0 Pages

?

?


Ordinary Council Meeting - 24 April 2013

Outstanding Actions and Reports

 


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

General Manager's Report

ITEM 9.2???? SF42??????????????? 240413??????? Local Government Acts Taskforce - Release of Discussion Paper on the Review of the Local Government Act 1993

 

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

 

Summary:

 

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

 

 

Recommendation:

 

That Council note the Discussion Paper released by the Local Government Acts Taskforce.

 

 

OPTIONS:

 

Council can make a submission as it sees fit.

 

DISCUSSION:

 

The Division of Local Government has advised that the Local Government Acts Taskforce has released a discussion paper on their review of the Local Government Act 1993 and the City of Sydney Act 1988.? The discussion paper can be found on the Division of Local Government website which is www.dlg.nsw.gov.au.

 

The Division is encouraging Councils to read the Discussion Paper and make submissions to the Taskforce.? The closing date for submissions is Friday 28 June 2013.

 

Under the terms of reference for the Taskforce, it is required to have regard to the work of the Independent Panel and any of its recommendations that are adopted by the Government.? The Independent Panel is scheduled to report in July 2013.? Consequently, there are a number of matters that the Taskforce is unable to address until the decision of Government is available in relation to the Independent Panel recommendations.

 

The discussion paper picks up a number of the points made in this Council?s submission.

 

The following is a summary of what are considered to be the Taskforce?s proposals which will result in the most change to existing arrangements and processes.

 

1??????? Integrated Planning and Reporting should form the central theme for the new Act and be the primary strategic tool that supports councils delivering services and facilities to their communities.

 

2??????? The use of postal voting at all council elections as a means of increasing efficiency and voter participation and reducing council election costs.

 

3??????? Removing the need for by-elections when a vacancy occurs either in the first year following an ordinary election or up to 18 months prior to an ordinary election.

 

4??????? Half term elections for councillors, similar to Senate elections

 

5??????? Abolishing the ward system

 

6??????? The strategic responsibilities of the council to be clearly separated from the operational responsibilities with the general manager to be responsible for determining the organisation and for recruiting appropriately qualified staff necessary to fulfil each role within the structure

 

1??????? The general manager being responsible for the employment of all staff and there be no requirement for the general manager to consult with the council in relation to appointment and dismissal of senior staff.

 

2??????? The current processes for council land management, being complex and inconsistent with the Crown Lands regime, be simplified and complementary.

 

3??????? End the classification regime of public land as either community or operational land and instead, require the council resolution at the time of acquiring or purchasing the land to specify the proposed use or uses.

 

4??????? Provide that a proposed change in the use or disposal of public land, including consultation mechanisms, should be dealt with through the council?s asset management planning and delivery program.

 

5??????? Cease the need for separate plans of management for public land to be prepared and maintained, and in lieu, utilise the asset management planning and delivery program.

 

In the whole the Taskforce?s observations and proposals represent logical and overdue improvements to the existing Act.? There are a number of significant matters such as the formation and involvement in corporations and other entities and water management which have to await the outcome of the recommendations of the Independent Panel.

 

Despite the various attempts to do so, it is not agreed that in any level of government it will be possible to provide clear and accepted separation between ?strategic? and ?operational? responsibilities.? One reason is that any elected body will ultimately be held accountable for the performance of the organisation (government) as a whole.? Secondly, the definition of what is ?strategic? and what is ?operational? will vary from person to person.? As an example the previous Director-General of the Division of Local Government issued a circular to Councils advising that certain industrial relations issues were matters which needed to be considered by the elected Council and not dealt with by General Managers as operational issues.? In terms of framing best practice approaches to government, it may be better to accept this fact and work within a looser framework rather than attempt to regulate what is essentially a relationship issue.

 

It is not proposed that Council make a submission.? However Councillors are encouraged to read the Discussion Paper and any matters which are identified can be identified in a motion and forwarded in a submission.

 

 

CONSULTATION:

 

There has been no consultation preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are significant implications for the environment.

 

Social

 

At this stage there are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

 

Risk

 

The review of the Local Government Act is attempting to strike the right balance between many competing interests including but not limited to community engagement; cost and efficiency; strategic planning; appropriate delegation of authority; appropriate framework for governance controls etc.? Achieving this balance is not easy but the Taskforce is off to a promising start.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.? The proposal for postal voting should substantially reduce the cost of local government elections.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level changes or impacts.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

General Manager's Report

ITEM 9.3???? SF544????????????? 240413??????? Final Draft Section 94A Contribution Plan for Adoption

 

AUTHOR/ENQUIRIES:?? Colleen Henry, Grants and Contributions Officer; Michael Coulter, General Manager ????????

 

 

Summary:

 

This report presents the Final Draft Section 94A (s.94A) Development Contribution Plan for adoption by Council.????

 

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 adopt the Final Draft s.94A Development Contribution Plan 2013 and it becomes effective from 6 May 2013 following public notification.

 

 

OPTIONS:

 

That Council not adopt the Final Draft Section 94A Development Contribution Plan and no changes will be made to the existing development contributions system.

 

 

BACKGROUND

 

Council approved the draft s.94A Contribution Plan at its meeting of 13 February 2013 with modifications to the works schedule to include Bowraville, and to remove the priority listing against each of the towns. The draft plan was on public exhibition from 27 February to 10 April 2013. There were no comments received.

 

 

DISCUSSION

 

The new s.94A plan will enable collection of contributions for all commercial and industrial developments throughout the Shire which cost over $100,000.

 

The new plan will repeal the following plans:

 

????????????? Car Parking for Macksville CBD

????????????? Car Parking for Bowra Street Western Redevelopment Nambucca Heads

 

Funds currently available for both these plans will be pooled and able to be used for purposes identified in the s.94A plan. The works schedule accompanying the s.94A plan provides for streetscaping, traffic infrastructure and road works in the Macksville, Nambucca Heads and Bowraville CBDs and industrial areas, as these areas will be where commercial and industrial development takes place.

 

If the Final Draft Plan is adopted by Council, a public advertisement will be lodged stating the effective date of the contribution plan, 6 May 2013.

 

Changes to internal business processes have been identified and will be put in place if Council adopts the contribution plan.

 


CONSULTATION:

 

General Manager

Public through the public exhibition process

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

The s.94A Development Contribution Plan will enable the provision of community facilities required through increased population, which might not be able to be provided otherwise due to limited resources.

 

Economic

 

The s.94A levy will be an additional cost to commercial and industrial developments, however this cost can be met through non-monetary contributions such as material public benefits or works in kind. There will also be a cost to the developer of hiring quantity surveyors to provide accurate cost assessments upon which contributions are based, for all developments over $500,000. All development applicants will be told what the funding will be put toward and should see the benefit of the levy providing necessary transport infrastructure and streetscape amenity for their customers.

 

Risk

 

There is no risk associated with this change to the s.94 contributions system.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The adoption of the s.94A plan will provide financial resources to Council which are currently not available; as commercial and industrial developments take place, the levy which they will be charged as a proportion of their costs will be pooled to be put against roadworks, streetscapes and traffic infrastructure in the commercial and industrial areas of Macksville, Nambucca Heads and Bowraville, increasing the money available to Council to carry out works.

 

Source of fund and any variance to working funds

 

Not required.

 

Service level changes and resourcing/staff implications

 

New business processes will be put in place and implemented by the Business Support Unit, Applications and Compliance and Planning staff.

 

Attachments:

1View

8749/2013 - FINAL DRAFT Section 94A plan draft April 2013 to Council

0 Pages

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Ordinary Council Meeting - 24 April 2013

Final Draft Section 94A Contribution Plan for Adoption

 

Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

DRAFT Section 94A Development Contribution Plan

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


April 2013


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes and Corrections to this Issue

 

Please note the following and corrections:

 

There are no corrections

 

Amendments and Revisions

 

Issue No

 

Date

Issue Title

Amendment

1

2

 

xxxxxxx

xxxxxxx

 

Adopted by Council

Effective Date

 

 

 

 


Ordinary Council Meeting - 24 April 2013

Final Draft Section 94A Contribution Plan for Adoption

 

Table of Contents

 

Text Box: Requirements of the Plan

1? Name of this Contributions Plan?????????????????????????????????????? 4.

 

2? Area and development to which the Plan applies ???????????? 4.

 

3? Date of commencement of the Plan???????????????????????????????? 4.

 

4? Relationship to other Plans????????????????????????????????????????????? 4.

 

5? Summary schedules?????????????????????????????????????????????????????? 4.

 

6 Purposes of the Plan?????????????????????????????????????????????????????? 5.

 

7? Demand for public amenities and public services??????????????????????? 5.

Text Box: Administration and Operation of the Plan

?? ?

8 Calculation of the levy???????????????????????????????????????????????????? 6.

 

9 Determining the cost of development?????????????????????????????? 6.

 

10??????? Timing of payment and adjustment of contributions????????? 6

 

11??????? Complying development certificates???????????????????????????????? 7.

 

12??????? Alternative to paying a levy????????????????????????????????????????????? 7.

 

13 Deferred or periodic payments??????????????????????????????????????????????? 7.

 

14 Exemptions to the levy????????????????????????????????????????????????? 8.

 

15 Administration of Section 94A funds????????????????????????????? 8.

 

16 Dictionary?????????????????????????????????????????????????????????? 9.

Text Box: Schedule

1 Works Schedule and Maps????????????????????????????????????????????? 10.

 

Text Box: Attachments										?????????

A Cost Summary Report and Detailed Cost Report???? Forms????????????????? 14.

 

B Ministerial Direction under section 94E????????? ?????????????????? 16.


Ordinary Council Meeting - 24 April 2013

Final Draft Section 94A Contribution Plan for Adoption

 

Introduction

 

Section 94A of the Environmental Planning and Assessment Act 1979 gives Council the power to impose as a condition of development consent a requirement that the applicant pay a levy of a fixed percentage of the cost of the proposed development. Section 94B of the Act requires that a condition imposed under Section 94A must be in accordance with a contributions plan. Subject to the plan, money received as payment under a condition must be applied towards the provision, extension or augmentation of public amenities or public services.

 

Requirements of the Plan

 

1????? Name of this Contribution Plan

 

This plan is the Nambucca Shire Council Section 94A Development Contributions Plan 2013.

 

2????? Area and development to which the Plan applies

?????????

This plan applies to development other than residential on all land that is identified in the map in Schedule 1.?

 

This plan applies to applications for development consent and applications for complying development certificates under Part 4 of the EP&A Act 1979 except development for residential purposes.

 

3????? Date of commencement of the Plan

 

This plan was adopted by Council on XXXXX and commences on XXXXX. It applies to development applications determined after the plan commences.

 

If a development application has been made but has not been determined before this plan commences, the application is to be determined in accordance with the contribution plan or plans in force at the time the application was made.

 

The life of this plan is five years, at which time it will be reviewed.

 

 

4????? Relationship to other Plans

 

This plan repeals the following Section 94 contributions plans:

????????????? Car Parking for Macksville CBD Development/Redevelopment 2003

????????????? Car Parking for Bowra Street Western Redevelopment Nambucca Heads 1999

 

 

5????? Summary schedules?

 

Levies paid to Council will be applied toward meeting the cost of provision or augmentation of new or existing public facilities in the areas as listed in Schedule 1. The locations of those facilities are within the catchments as shown on the maps included in Schedule 1.

 

The Section 94A contributions levied under this plan are set out in the following table for types of development and the percentage of levies on the costs of development.

 

Proposed cost of development

Maximum percentage of levy

Up to $100,000

Nil

$100,001 - $200,000

0.5 percent

More than $200,000

1.0 percent

 

The determination of the cost of development is explained in Section 9 of this plan.

 

A Council cannot impose a condition of the same development consent a condition under Section 94 as well as a condition under Section 94A of the EP&A Act, except where the development is for two components such as a subdivision and commercial/industrial development.

 

A condition imposed under Section 94A is not invalid by reason only that there is no connection between the development in the subject of the development consent and the object of expenditure of any money to be paid by the condition.

 

A condition imposed under Section 94A that is allowed by or determined in accordance with this contributions plan may not be disallowed or amended by the Court on appeal.

 

Conditions on development consents or complying development certificates authorised by this plan are subject to any direction by the Minister under Section 94E of the Act. This plan authorises the imposition of conditions in accordance with any such direction.

 

 

6????? Purposes of the Plan

 

The main purposes of this plan are to:

 

????????????? Authorise the imposition of a condition on certain development consents and complying development certificates requiring the payment of a contribution pursuant to Section 94A of the EP&A Act 1979;

????????????? Require a certifying authority (the Council or an accredited certifier) to impose, as a condition of issuing a complying development certificate, a requirement that the applicant pay to the Council a levy determined in accordance with this plan, if development consent was granted subject to a condition authorised by this plan; and

????????????? Govern the application of money paid to the Council under condition authorised by this plan.

 

7????? Demand for public amenities and public services

 

This plan is based on the provision of new, extended and augmented public amenities, services and infrastructure to support the growth and development of the Nambucca Shire Council. New residents will have inadequate levels of service if Council does not take action to provide amenities and infrastructure to cope with the new growth or extend and augment existing facilities. The levels of service for the existing population will also decline if there is inadequate public investment.

 

The population projections undertaken by Council and using ABS Census 2011 data, indicate that continued population growth in Nambucca Shire is expected. The projected population for 2023 is expected to be around 22,000 people, an increase of 180 people per year between 2013 and 2023, or an increase of .9% per year.

 

As part of this population growth there will be an associated growth in non-residential development, particularly in the form of commercial and industrial development. This increase in development will create a demand for new and augmented public amenities and facilities which include:

????????????? New and upgraded road networks

????????????? Traffic management facilities

????????????? Car parking

????????????? Town Centre improvement works

 

To cater for this increased demand for public facilities, Council proposes to carry out the construction of facilities in areas identified in Schedule 1, which are in addition to works identified in Council?s other s94 Contributions Plans.

 

 

Administration and Operation of the Plan

 

8????? Calculation of the levy

 

The levy will be determined on the basis of the rate as set out in Section 5. The levy will be calculated as follows:

 

Levy Payable = %Cx$C

 

Where

%C????? is the levy rate applicable

$C?????? is the proposed cost of carrying out the development

 

?

9????? Determining the cost of development

 

The cost of carrying out a proposed development will be determined in accordance with clause 25J of the EP&A Regulation 2000. A copy of this clause is provided in Attachment B.

 

To provide reliable information on the cost of carrying out a development, the applicant for a development consent or complying development certificate is to provide details with the application in accordance with the plan. There are two levels of information provision, depending on the scale of the cost of development:

 

Development cost between $101,000 and $500,000

Where the cost of carrying out a proposed development is in this range, a Cost Summary Report (at Attachment 1) must be completed by the applicant or a nominated representative such as the project architect or project manager.

 

Development cost more than $500,000

Where the cost of carrying out a proposed development is in this range, a Detailed Cost Report (at Attachment 2) must be completed by a Quantity Surveyor registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate an equivalent qualification.

 

Without limitation to the above, the valuation of the cost of development may be reviewed and the services of an independent qualified person may be sought to verify the development cost assessment. In these cases, all costs associated with obtaining such advice will be at the expense of the applicant.

 

 

10??? Timing of payment and adjustment of contributions

 

In accordance with Council?s Policy on Section 94 (Developer Contributions), contributions payments must be made prior to the release of the occupation certificate (for development applications involving building work). Council also requires payment of any costs associated with verifying the cost assessment prior to the issue of the occupation certificate.

 

The only exceptions are where a works in kind, material public benefit or dedication of land has been agreed to by the Council. In such cases, the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

 

As the date of payment of a contribution under a consent condition may be later than the consent date, Clause 25J (4) of the Regulation allows Council to adjust the contribution to reflect cost increases during this period. Contributions will be adjusted at the time of payment of the contribution using the following formula:

 

Contribution at the time of payment?????????

 

C2 = C1??????? x CPI 2

????????? CPI 1

 

Where:

 

C1????? =??????? Monetary contribution imposed on the development consent

C2???????? =??????? Monetary contribution at the time the contribution is paid

CPI 1? =??????? Latest Consumer Price Index: All Groups Index Number for Sydney ??? ?????????????????? available from the Australian Bureau of Statistics (ABS) at the time of ?????????????????? granting the relevant development consent.

CPI 2? =??????? Latest Consumer Price Index: All Groups Index Number for Sydney ??? ?????????????????? available from the ABS at the time of payment.

 

 

11??? Complying development certificates

 

Pursuant to Section 94EC(1) (a) and Section 85A (9) of the EP&A Act 1979, where an accredited certifier issues a complying development certificate for a development to which this plan applies, the certificate must be subject to a condition requiring the applicant to pay to Council the levy in accordance with this plan.

 

The condition imposed by an accredited certifier on a complying development certificate must include details of the requirements of Section 10 of this plan concerning when payment of the levy is to be made to Council, the requirement for evidence confirming payment and the formula for adjusting the amount of the payment to account for the possible difference in time between consent date and payment date.

 

The imposition of a condition on a complying development certificate issued by a certifying authority as authorised by this plan is subject to compliance with any Ministerial directions given under Section 94E of the EP&A Act 1979.

 

12??? Alternative to paying a levy

 

Council may accept the dedication of land or provision of a material public benefit or works in kind in part or full satisfaction of a Section 94A levy under this plan.

 

As a general rule, only land or works directly associated with the roads and traffic improvements, public domain improvements and community facilities as indicated in Schedule 1 may be considered as a material public benefit or work in kind in satisfaction of the contributions levy. Applicants must provide full details, costs and valuations of land or works.

 

If Council agrees to an alternative to the levy, it will either require the alternative as a condition of consent, or accept it under the terms of a Voluntary Planning Agreement.

 

13??? Deferred or periodic payments

 

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than 24 months. In such a case, the applicant must make a written request.

 

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

 

1????????? indexing will be calculated from the date the contribution was due until the date of payment;

2????????? the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution plus an amount equal to 25 months? interest plus any charges associated with establishing or operating the bank security;

3????????? the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 24 months from the provision of the guarantee or completion of the work;

4 ???????? the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

5 ???????? the bank?s obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6 ???????? where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

7 ???????? the applicant will be charged an administrative fee based on the professional fees set in Council?s Revenue Policy; and

8 ???????? periodic payments for a staged development will be on a pro rata basis ? the proportion of the stage of the development in relation to the overall development.

 

14??? Exemptions to the levy

 

Under the provisions of section 94E of the Act, the Minister for Planning and Infrastructure has specified exemptions from a levy under the Plan to apply to the following development:

????????????? Where the proposed cost of carrying out the development is $100,000 or less

????????????? For the purpose of disabled access

????????????? For the sole purpose of providing affordable housing

????????????? For the purpose of reducing the consumption of mains supplied potable water, or reducing the energy consumption of a building

????????????? For the sole purpose of the adaptive re-use of an item of environmental heritage or

????????????? Other than the subdivision of land, where a condition under section 94 of the Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out.

 

Other exemptions from a levy under this plan may be considered by Council for the following development or components of development:

????????????? Places of worship, public hospitals, police stations, fire stations and other emergency services.

????????????? Works proposed to be undertaken for charitable purposes by, or on behalf of, a not for profit charity as defined by the ATO but only in cases were the development is of small scale and where the Council considers that there will not be an increase in the demand for public works or infrastructure as a result of the development which would warrant the payment of a Section 94A levy.

????????????? Applications submitted by or on behalf of Nambucca Shire Council.

 

15??? Administration of the Section 94A funds

 

Nambucca Shire Council is to administer the money obtained from the Section 94A levy and make decisions on the application of funds applied towards the provision, extension or augmentation of public amenities, infrastructure or public services for the Nambucca Shire Council area in accordance with the EP&A Act 1979 and Regulation 2000.

 

This plan expressly authorises Section 94A levies paid for different purposes to be pooled and applied (progressively or otherwise) for the purposes indicated in Schedule 1, including with funds from other Council sources.

 

This plan also expressly authorises that unspent monies collected through previous (and now repealed) Section 94 plans are to be expended as if they were funds received under a Section 94A plan on works identified in the previous plans where those works have been carried across to the Works Schedules included in this plan.

 

Furthermore, where works identified in previous Section 94 plans are no longer considered necessary, then this plan authorises that the unspent money be transferred to this plan and spent on the works identified in the Works Schedule of this plan, which are similar to the works categories included in the previous Section 94 plans.

 

16??? Dictionary

 

In this plan, unless the context or subject matter otherwise indicates or requires, the following definitions apply:

 

Council ????? means Nambucca Shire Council

Levy ?????????? means a levy under Section 94A of the Act authorised by this plan

Minister ????????? means the Minister administering the Environmental Planning and Assessment Act 1979

Public facility ????? means a public amenity or public service

The Act ????? means the Environmental Planning and Assessment Act 1979

Regulation means the Environmental Planning and Assessment Regulation 2000

 

 


Schedule 1 ? Works Schedule and Maps

 

The table below provides a summary of the works or services for which funds collected under this plan will be used, including an estimate of the annual expenditure under this plan. Funds collected under this plan may provide only a part of the cost of works, infrastructure and services. The table also indicates the priority of their provision, extension or augmentation which may be subject to availability of supplementary funding.

 

The actual timing of delivery of works is subject to change as it is influenced by the following factors:

 

????????????? The rate and timing of development from which contributions are collected;

????????????? The pooling of sufficient funds to enable provision, extension or augmentation of amenities and services;

????????????? The requirements of Council?s annual works program from year to year; and

????????????? The relationship between works and other events.

 

 

 

 

Location

 

 

Works Program

 

Estimated Annual Expenditure*

Macksville

Streetscape, Parking, Road and Intersection Upgrades

$10,000

Nambucca Heads

Streetscape, Parking, Road and Intersection Upgrades

$10,000

Bowraville

Streetscape, Parking, Road and Intersection Upgrades

$5,000

 

* comprised of estimated contributions collected under this plan over the life of the plan, and pooled funds collected under plans which have been repealed with the implementation of this plan.


Ordinary Council Meeting - 24 April 2013

Final Draft Section 94A Contribution Plan for Adoption

 

?(Section 94A Contribution Condition ? not to be included in Contributions Plan)

 

Condition ##

 

Pursuant to section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Nambucca Shire Council Section 94A Development Contribution Plan, a contribution of

$____________________________shall be paid to Council.

 

The amount to be paid is to be adjusted at the time of actual payment, in accordance with the provisions of the Nambucca Shire Council Section 94A Development Contribution Plan. The contribution is to be paid before the release of the occupation certificate authorising the occupation/use of the subject development.

 

This condition puts into effect the Nambucca Shire Council Section 94A Development Contribution Plan 2013.


Attachment A

 

Procedure

 

A cost summary report is required to be submitted to allow Council to determine the contribution that will be required. The following should be provided:

 

1????????? A cost summary report must be completed for works with a value no greater than $500,000.

2????????? A Quantity Surveyor?s Detailed Cost Report must be completed by a registered Quantity Surveyor for works with a value greater than $500,000.

 

To avoid doubt, section 25J of the Environmental Planning and Assessment Act 1979 sets out the things that are included in the estimation of the construction costs by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

 

(a) ?????? If the development involves the erection of a building, or the carrying out of engineering or construction work ? the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation

(b)??????? If the development includes a change of use of land ? the costs of or incidental to doing anything necessary to enable the use of the land to be changed

(c)??????? if the development involves the subdivision of land ? the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

 

 


Cost Summary Report

(Development cost of less than $500,000)

 

Development Application No.

 

Complying Development Certificate Application No.

 

Date

 

 

Applicant?s Name

 

Applicant?s Address

 

Development Name

 

Development Address

 

 

Estimate Details

Demolition and alternations

$

Structure

$

External walls, windows and doors

$

Internal walls, screens and doors

$

Wall finishes

 

Floor finishes

$

Ceiling finishes

$

Fittings and equipment

$

Hydraulic services

$

Mechanical services

$

Fire services

$

Lift services

$

External works

$

External services

$

Other related work

$

Sub-total

$

 

 

Preliminaries and margin

$

Sub-total

$

 

 

Consultant fees

$

Other related development costs

$

Sub-total

$

 

 

Goods and Services Tax

$

TOTAL DEVELOPMENT COST

$

 

I certify that I have:

????? Inspected the plans the subject of the application for development consent or construction certificate.

????? Calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation at current prices.

????? Included GST in the calculation of development cost.

 

Signed:?????????????????????????? ????????? _______________________________________________

 

Name:??????????????????????????? ????????? _______________________________________________

 

Position and qualifications: ????????? _______________________________________________

 

Date:????????????????????????????? _______________________________________________


Registered* Quantity Survey?s Detailed Cost Report

(Development costs in excess of $500,000)

*Member of the Australian Institute of Quantity Surveyors

 

Development Application No.

 

Complying Development Certificate Application No.

 

Date

 

 

Applicant?s Name

 

Applicant?s Address

 

Development Name

 

Development Address

 

 

Development Details

Gross Floor Area - Commercial

m2

Gross Floor Area - Other

m2

Gross Floor Area - Retail

m2

Total Gross Floor Area

m2

Gross Floor Area ? Car Parking

m2

Total Site Area

m2

 

 

 

Total Development Cost

 

Total Construction Cost

 

Total GST

 

 

Estimate Details

Professional Fees

$

Excavation

$

% of development cost

%

 

$/ m2

% of construction cost

%

Car Park

$

Demolition and site preparation

$

Cost per m2 of site area

$/ m2

Cost per m2 of site area

$/ m2

Cost per space

$

Construction - Commercial

$

Fit-out - Commercial

 

Cost per m2 of commercial area

$/ m2

Cost per m2 of commercial area

$/ m2

Construction - Retail

$

Fit out - Retail

$

Cost per m2 of retail area

$/ m2

Cost per m2 of retail area

$/ m2

 

I certify that I have:

????? Inspected the plans the subject of the application for development consent or construction certificate.

????? Prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost Management Manuals from the Australian Institute of Quantity Surveyors.

????? Calculated the development costs in accordance with the definition of development costs in the S94A Development Contributions of Nambucca Council at current prices.

????? Included GST in the calculation of the development costs.

????? Measured gross floor areas in accordance with the Method of Measurement of Building Area in the AIQS Cost Management Manual Volume 1, Appendix A2.

 

Signed:?????????????????????????? ????????? _______________________________________________

Name:??????????????????????????? ????????? _______________________________________________

Position and qualifications: ????????? _______________________________________________

Date:????????????????????????????? _______________________________________________


?

Attachment B ? Determination of proposed cost of development

 

Clause 25J of the Environmental Planning and Assessment Regulation 2000 (for 1 August 2011)

 

25J Section 94A levy ? determination of proposed cost of development

 

(1)???? The proposed cost of carrying out development is to be determined by the consent authority, for the purpose of a Section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

????????? (a) if the development involves the erection of a building, or the carrying out of engineering or construction work ? the costs of or incidental to erecting the building, or carrying out the work including the costs (if any of and incidental to demolition, excavation and site preparation, decontamination or remediation,

????????? (b) if the development involves a change of use of land ? the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

????????? (c) if the development involves the subdivision of land ? the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

 

(2)???? For the purpose of determining the proposed cost of carrying out development, a consent authority may have regard to an estimate of the proposed cost of carrying out the development prepared by a person, or a person of a class, approved by the consent authority to provide such estimates.

 

(3) ??? The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development:

????????? (a) the cost of the land on which the development is to be carried out;

????????? (b) the costs of any repairs to any building or works on the land that are to be retained in connection with the development;

????????? (c) the costs associated with marketing or financing the development (including interest on any loans);

????????? (d) the costs associated with legal work carried out or to be carried out in connection with the development;

????????? (e) project management costs associated with the development;

????????? (f) the cost of building insurance in respect of the development;

????????? (g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of current use of land);

????????? (h) the costs of commercial stock inventory;

????????? (i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by and under any law;

????????? (j) the costs of enabling access by disabled persons in respect of the development;

????????? (k)the costs of energy and water efficiency measures associated with the development;

????????? (l) the cost of any development that is provided as affordable housing;

????????? (m) the costs of any development that is the adaptive reuse of a heritage item.

 

(4) ??? The proposed cost of carrying out development may be adjusted before payment, in accordance with a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date the proposed cost was determined by the consent authority and the date at which the levy is required to be paid.

 

(5) ??? To avoid doubt, nothing in this clause affects the determination of the fee payable for a development application. ?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

General Manager's Report

ITEM 9.4???? SF1730??????????? 240413??????? PLANNING PROPOSAL - NAMBUCCA LEP AMENDMENT NO. 13 - SCHEDULE 1 AMENDMENT TO USE LOT 155 AND 188 DP 755537 FOR THE PURPOSES OF SENIORS LIVING DEVELOPMENT

 

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

 

Summary:

 

Council has received a planning proposal from Hampton Property Services on behalf of Starberg Investments Pty Ltd to amend Schedule 1 of the Nambucca Local Environmental Plan (NLEP) 2010 to permit a Seniors Living development on Lot 155 and 188 DP755537.

 

The Planning Proposal requires a gateway determination by the Department of Planning and Infrastructure (DOPI) in order for investigations to proceed. This report is to notify Council we are in receipt of the planning proposal and to recommend Council permit the proposal to proceed to Gateway determination accompanied by recommendations for further investigation.

 

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 Council staff collaborate with applicant to ensure the planning proposal has addressed all matters necessary pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979 and DOPI?s Guide to preparing planning proposals;

 

2??????? That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and 188 DP755537 be forwarded to the Minster for Gateway Determination.

 

3??????? That minister be advised of the matters that Council considers require further detailed investigation should the proposal proceed beyond the initial gateway determination. In the first instance an examination of the appropriateness of a seniors living development being isolated during flood events should be considered as well as the availability of alternative accesses to the property.

 

 

OPTIONS:

 

Council may choose not to support the planning proposal.

 

 

DISCUSSION:

 

Council received an application for an LEP amendment in Feb 2013. The subject land for the application is Lot 155 and 188 DP755537, 24 Coronation Road Macksville which is presently zoned RU1 Primary Production; E3 Environmental Management; E2 Environmental Protection. The amendment proposes an addition to schedule 1 of the Nambucca LEP 2010 in order to allow a seniors living development on the subject land. Access to the seniors living development would be from Coronation Road.

 

Note: the land is question was identified in the Nambucca Shirewide Structure Plan as a locality suitable for future business park; educational facility or seniors living development.

 


Why is the amendment required?

 

An amendment to the LEP is required because a seniors living development is not a permissible use in the current zone. After consideration of a number of methods to permit a seniors development on the site including a site compatibility certificate or rezoning, discussions between the applicant and the DOPI advised that an LEP amendment to Schedule 1 was the preferred option in this instance.

 

It is noted that there was an unsuccessful application for a site compatibility certificate (SEPP (housing for seniors or people with a disability) made on the site in 2009. This application was rejected because the land did not directly adjoin residential land (a requirement to be considered under the SEPP).

 

What information is required and what information has been provided?

 

The LEP amendment process allows Council to present a proposal to the DOPI Gateway Panel for consideration prior to significant investment being afforded to studies and like material that may be required to support a proposal. The purpose of this process is to avoid applicants or a Council expending significant money on specialist investigations if a proposal is not supported in principle or due inconsistencies with state-regional or locally approved strategies.

 

In this instance the applicant has provided a planning proposal prepared by Hampton Property Services. The planning proposal has been prepared generally in accordance with the Guidelines on Preparing Planning Proposals and included a number of appendices including:

 

-???? Bushfire Update (innovation planning Aust 2009);

-???? Bushfire Risk Assessment (Steven Ellis Bushfire Risk Assessor 2004);

-???? Flora and Fauna Investigations (Ozeecomanagement Pty Ltd 2004);

-???? Water Sensitive Urban Design Concepts (Cardno Willing draft report 2004);

 

The Planning Proposal has been circularised for Councillors only for Council information. The other studies can be provided on request.

 

The studies provide investigations relevant to the site attributes and the proposed development, however they are dated and due to legislative changes will need to be given further consideration. Issues relating to these studies will be discussed in more detail below.

 

The EP&A Act requires SEPP?s and 117 Directions to be addressed in a planning proposal. Although consideration of these matters has been provided in the Planning Proposal, staff need to ensure all these matters have been appropriately addressed prior to submission to the gateway panel. Should the gateway panel determine the proposal may proceed, additional information will be required to support the process and the Panel may call a second gateway determination to consider the additional information.

 

What specific matters are relevant to the Planning Proposal?

 

Rural Land ? As stated above part of the land is zoned RU1 Primary Production this portion of the land is intended to be used for Seniors Living Development. Relevant 117 Directions indicate that Council must not rezone rural land to residential, business, industrial, village or a tourist zone which is not intended in this instance. Further the 117 directions indicate that a planning proposal affecting rural land must be consistent with the principles of the SEPP (rural lands) or justified by a planning strategy or be of minor significance. The principles of the SEPP relate to the protection and productivity of the land on and adjoining the site. The applicant has indicated that in this regard the proposal is of minor significance.

 

In respect to rural land it is noted that some of this land is identified as regionally significant farmland which needs to be addressed as part of the Mid North Coast Regional strategy and related 117 directions. Prior to forwarding to the DOPI for Gateway determination Council staff will ensure these matters related to these 117 directions have been addressed in detail.

 

Flooding ? Part of the land on the eastern portion of the site is identified as being flood prone land and adjoins a High Risk floodway in Councils existing Flood Risk Management Plan.? Recent draft flood investigations indicate this area will be likely to flood in a 1 in 5 ARI flood event. However, the actual development is proposed on flood free land.

 

The relevant 117 Direction indicates that planning proposal must not contain provisions relating to flood planning areas that significantly increase development on those areas. As stated the front portion of the land is flood prone the land where future development is intended is flood free.

 

It is noted that any future development will have no access available to and from Coronation Road in small a flood event unless the internal access is designed to accommodate flood flows. Larger flood events will cause surrounding roads to be flooded eliminating access to Macksville. Councils Manager of Technical Services has indicated a flood free access would be required to Coronation Road.

 

The above is a cursory examination of the flooding matters, detailed consideration as part of this process is likely to be core to the appropriateness of the amendment and any future development. Should the Gateway Panel determine the proposal may proceed it is recommended the applicant be required to investigate flooding issues on the site including the availability of alternative flood free access during flood events. The specialist study should also give consideration the appropriateness of a seniors living development being isolated in a flood event.

 

Flora and Fauna ? the land contains 2 environmental zones and a SEPP 14 wetland and likely Endangered Ecological Communities. Concepts for the proposed future development demonstrate that these areas will not be directly impacted. Nevertheless appropriate buffer zones should be placed on any future development in accordance Councils DCP 2010. Further 117 direction no. 2.1 Environmental Protection Zones indicates a planning authority must not reduce the environmental protection standards that apply to the land. The concept layout provided does not have any direct impact on the Environmental Protections zones.

?

Should the gateway panel determine the planning proposal proceed it is recommended the Flora and Fauna Investigations be updated to reflect current legislation.

 

Bushfire ? The land is identified as being bushfire prone land and a bushfire hazard assessment has been submitted with the application. 117 Direction no. 4.4 Planning for Bushfire Protection indicates Council must consult with commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made.

 

As with the flora and fauna assessment a number of changes to the Bushfire guidelines have been made since the preparation of the supporting information and should the gateway panel determine the planning proposal may proceed it is recommended the Bushfire Assessment be updated to reflect the current Planning for Bushfire Protection Guidelines. It is recommended this occur prior to referral to the commissioner of the NSW Rural Fires Service for comment.

 

Acid sulphate Soils - The land is identified as containing Class 2, 3 and 5 acid sulphate soils. 117 Direction no. 4.1 Acid Sulphate Soils indicates that a planning authority must give consideration to the acid sulphate soils planning guidelines it also indicates that if proposing to permit an intensification of land uses on site with a probability of containing acid sulphate soils then an acid sulphate soils study is required and must be provided to the director general prior to public consultation being undertaken.

 

Should the gateway panel determine the proposal may proceed an acid sulphate soils study will be required.

 

Servicing ? Should the gateway panel determine that the proposal may proceed, a Concept services plan will be required detailing sufficient water supply and sewer drainage services are designed to accommodate minimum requirements for the development to the satisfaction of Councils Manager Water and Sewerage.

Access to Macksville - Should the gateway panel determine that the proposal may proceed, access for pedestrians/motorised scooters from the subject to Macksville CBD should be given further consideration.

 

 

CONSULTATION:

 

Manager Technical Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Further detailed environmental investigations have been recommended should the proposal be permitted to proceed.

 

Social

 

Nambucca shire and the broader region have been identified as an area with high growth in the ageing end of the demographic. It is expected that developments of this nature will be required to cater for the demand of this demographic as time goes by.

 

The selection of suitable/ appropriate land may often be outside existing residential areas and amendments to the LEP to permit such activities will allow sites to be given further consideration. However, the selection of a suitable site is key to the amendment.

 

To assess the suitability of the site for this type of development, further investigations have been recommended.?

 

Economic

 

It is likely a development of this nature would provide a number of economic opportunities to the shire, during constructions and post construction.

 

Risk

 

At this stage there is limited risk associated with the planning proposal. However, it is recommended that the issue of flooding be pursued early in the process as it is likely to be a key issue for the development.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

NIL

 

Source of fund and any variance to working funds

NIL

 

Service level changes and resourcing/staff implications

NIL

 

Attachments:

1View

?- Councillors Only - Planning Proposal 24 Coronation Drive, Congarinni

0 Pages

??


Ordinary Council Meeting - 24 April 2013

PLANNING PROPOSAL - NAMBUCCA LEP AMENDMENT NO. 13 - SCHEDULE 1 AMENDMENT TO USE LOT 155 AND 188 DP 755537 FOR THE PURPOSES OF SENIORS LIVING DEVELOPMENT

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

PLANNING PROPOSAL - NAMBUCCA LEP AMENDMENT NO. 13 - SCHEDULE 1 AMENDMENT TO USE LOT 155 AND 188 DP 755537 FOR THE PURPOSES OF SENIORS LIVING DEVELOPMENT

 

 

 

Councillors Only - Planning Proposal 24 Coronation Drive, Congarinni

 

??Pages

 


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

General Manager's Report

ITEM 9.5???? SF1851??????????? 240413??????? Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure

 

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

 

Summary:

 

It is proposed that an essential requirement for the new Assistant General Manager ? Corporate and Community Services is that they have a Bachelor of Business or equivalent with significant experience in local government finance including statutory reporting.

 

The report proposes other consequential changes to the organisation structure to enable the new Assistant General Manager to focus on finance.

 

 

Recommendation:

 

1??????? That Council adopt the Organisation Structure as attached to this report.

 

2??????? That Council note the work which has been undertaken in reviewing its organisation structure as meeting the requirement to review the structure within 12 months of the election.

 

 

OPTIONS:

 

There are many options.? The report discusses two options being the reinstatement of three Assistant General Manager (Director) positions or retention of two Assistant General Managers with a reconfiguration of responsibilities.

 

A third option not discussed in the report is that the Assistant General Manager Engineering Services be responsible for all town planning, building and environmental health functions.? The advantages of this arrangement are that it would allow the General Manager to focus on strategic leadership and direction.? However the significant disadvantage is that the Assistant General Manager Engineering Services will have a very large portfolio and perhaps more importantly a reduced focus on asset renewal and services levels which are this Council?s core areas of financial weakness.

 

A final (4th option) option also not discussed in the report is deferring any decision until after the Independent Local Government Review Panel has made its recommendations on the future of local government in NSW.? This option was dismissed as notwithstanding the report by the Panel being due in July it may be many, many months before the State Government makes any decision on its implementation.? This is exactly what happened with the Water Utility Inquiry which was conducted about 5 years ago.? The Council cannot wait indefinitely to recruit staff for the vacant positions in its organisation structure.

 

DISCUSSION:

 

As Council is aware, Mr Greg Meyers has accepted a senior management position with Kyogle Council and after eleven and a half years of service to the community of the Nambucca Valley will be leaving us on 26 April.? Greg has ably attended to the town planning, building, environmental health and compliance functions of this Council for that period.? At times it has not been easy as financing pressures and the slow down in the building sector meant he had to try and maintain the same service levels with declining staff.? At times his role has also been hampered by Council?s inability to recruit trained and experienced staff within the remuneration range provided for in our salary system.

 

In April 2012 the previous Council completed a review of the Council?s organisation structure and resolved to retain two Director positions (since renamed Assistant General Managers) and that they both be fixed term contracts.? At the time the Director Engineering Services had been appointed on a fixed term contract, but the Director Environment & Planning was a position with permanent tenure.

 

It was also resolved to change the mix of responsibilities for those positions whereby an Assistant General Manager Corporate and Community Services would become responsible for the traditional corporate services as well as the applications and compliance work undertaken in environment and planning.? The strategic planning functions of the section would become the operational responsibility of the General Manager.

 

In April 2012 the Council also introduced a Business Services Unit comprising executive assistants, administrative support staff, customer services staff and records staff.? The idea was that the Unit would be better able to allocate limited support staff based on the needs of the whole organisation rather than the three separate ?competing? departments.? It was anticipated that the Unit would also encourage the adoption of processes which would be in the interests of the whole organisation rather than an individual department.? The Unit has had difficulty in progressing as a number of its staff have been backfilling vacant positions in Finance (being the Finance Officer ? Water & Cadet Accountant).

 

More recently, in March 2013 the Assistant General Manager Corporate and Community Services reported on changes to the organisation structure in the Finance Section whereby it was resolved to create an additional Accountant position in lieu of a Cadet Accountant which is a vacant position in the structure.?

 

The recommendation and resolution to create an Accountant?s position arose from the lack of capacity in the Finance Section whereby its Manager and Accountant have significant accumulated annual leave and where unplanned leave or a resignation is likely to result in Council not meeting its statutory reporting obligations.? This occurred in late 2012.? Whilst the proposed swap of positions would maintain the same head count in Financial Services it did come at a cost being the difference in salary between a Cadet Accountant and a qualified and experienced Accountant.

 

The resignation of the Assistant General Manager Corporate and Community Services provides an opportunity to again review the organisation structure.? With an already lean structure and with significant financial issues, the Council does need to utilise a resignation, particularly of a senior staff member, as an opportunity to evaluate its service delivery.? If Council?s financial outlook does not improve or deteriorates, less frequent review and change will increase the risk of forced redundancies which is neither in the interests of Council or its employees.

 

In April 2012 one of the options considered by the previous Council was returning to a structure with three Directors (Assistant General Managers).? This was the option most preferred by Council?s Consultative Committee and staff.? This option also provides the closest fit to the range of professional disciplines which are required to operate the Council.? This is an issue in a smaller Council where, due to resourcing, a large amount of senior management time is spent undertaking an operational (not management) workload.? However an additional Assistant General Manager does come at a cost being a remuneration package of $154,000 per annum.? If Council wished to return to this three Director (Assistant General Manager) structure it would be possible to ?upgrade? the existing position of Manager Applications and Compliance to an Assistant General Manager position and undertake recruitment.

 

The difference in remuneration between the existing Manager?s position (which is a temporary appointment concluding 25 June 2013) and an Assistant General Manager would be $37,000 per annum.? The additional expenditure will not change the number of staff available to do work.? It will provide more accountability by moving another staff member onto a fixed term performance based contract, but at the cost mentioned.

 

An alternative proposal which is the subject of this recommendation and which is attached is to stipulate that the new Assistant General Manager Corporate and Community Services have a Bachelor of Business Degree or equivalent with significant experience in local government finance including statutory reporting.? This position could then undertake the duties of the Manager Financial Services during periods of leave and provide additional capacity when the Accountant took leave.? This would obviate the need for a Revenue Accountant and provide a saving of $35,000 per annum being the difference in salary between a Cadet Accountant/Finance Assistant ($44,000) and the Revenue Accountant ($79,000).

 

If it is accepted that the new Assistant General Manager Corporate and Community Services should have a focus on finance to improve the capacity of the Section, then there needs to be a rebalancing of the responsibilities of the existing position.

 

Accordingly it is proposed to reallocate responsibility for the applications and compliance functions to other positions.? Also a finance professional is unlikely to have any training or experience in applications and compliance.

 

The proposed reallocation of responsibilities is as follows:

 

????? Reduce the General Manager?s span by removing the Grants & Contributions Officer as well as the Strategic Planner as direct reports and in place of that the Manager Applications and Compliance would report to the General Manager.

 

The Business Services Co-ordinator would continue to report to the new Assistant General Manager Corporate and Community Services.? The Unit does require management input to identify cost savings through process improvement or through a reduction in service levels.? There is generally resistance to any reduction in service levels (both internal and external) and it is apparent that where there is conflict it will not be addressed and resolved without active management.? Various options for the management of the section have been considered.? Given the number of staff involved and the importance of driving process improvement and changes in service levels the unit should report to the new Assistant General Manager.

 

The remainder of the attached structure is as previously resolved by Council.? It is also proposed to rename the Applications and Compliance section the ?Development and Environment? section to better reflect the functions of the section.

 

CONSULTATION:

 

Affected staff have been advised of the proposed changes. It is not expected that any staff will be adversely affected by the proposed changes.

 

As required by the Award, this report will be considered by Council?s Consultative Committee before the Council meeting.? Any representations which the Consultative Committee wish to make will come to Council as a late report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

The report essentially concerns balancing the Council?s very limited staff resources to focus on the greatest risks to the governance of the organisation.? Given the available resources there is no solution which will ever provide optimal management and staffing.? Compromises do have to be made.

 

In terms of risk management, it is recommended that the organisation structure be changed to better manage the limited capacity in Council?s Finance Section to meet its statutory reporting obligations.? This is a core obligation for Council?s governance.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed structure will provide a saving on the existing adopted structure of approximately $35,000 per annum.? This will result in a saving of $35,000 in Council?s operational plan (budget) for 2013/14.

?

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The report discusses changes to reporting arrangements and resourcing.

 

Attachments:

1View

9367/2013 - Proposed Organisation Structure Chart reported to Council? meeting on 24 April 2013

0 Pages

??


Ordinary Council Meeting - 24 April 2013

Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure

 

EXECUTIVE SERVICES DEPARTMENT

Organization Chart 

 



Ordinary Council Meeting - 24 April 2013

Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure

 

CORPORATE AND COMMUNITY SERVICES DEPARTMENT

Organization Chart 

 



ENGINEERING SERVICES DEPARTMENT

 

Organization Chart
 

 

 

 

 



ENGINEERING SERVICES - WATER AND SEWERAGE SECTION

 

 

 

Organization Chart

 


ENGINEERING SERVICES ? PARKS AND RESERVES SECTION

 

 

 

Organization Chart
ENGINEERING SERVICES - WORKS SECTION

 

Organization Chart 


?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.1?? SF1730??????????? 240413??????? Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013

 

AUTHOR/ENQUIRIES:?? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

A report was presented to Council in September 2012 in regard to the Draft Long Term Financial Plan (LTFP). In that report, Council was advised of the many challenges for its financial capacity to meet the objectives in the adopted Community Strategic Plan.

 

The LTFP was also referred to the NSW Treasury Corporation (TCorp) for review and assessment as part of the Local Infrastructure Renewal Scheme.

 

Council received its draft TCorp report prior to the end of 2012 which the General Manager referred to Councillors.

 

The final report has now been received and is circulated for Councillors only. In addition, the General Manager has advised all Councillors that the NSW Treasury Corporation (TCorp) are about to release their assessment of the financial wellbeing of many NSW Councils, including this Council.

 

 

Recommendation:

 

That Council note receipt of the final NSW Treasury Corporation report Nambucca Shire Council Financial Assessment and Benchmarking Report 12 March 2013.

 

That Council note the separate assessment by NSW Treasury Corporation for its Financial Sustainability Rating as ?weak? and its outlook as ?negative?, pursuant to their assessment criteria.

 

 

OPTIONS:

 

There are no options available to Council

 

 

DISCUSSION:

 

The NSW Treasury Corporation (TCorp) final Financial Assessment and Benchmarking Report into Nambucca Shire Council and all other LGA?s within NSW has now been released along with a separate assessment of their Financial Sustainability Rating and Outlook.

 

Upon receipt of the Assessment the Mayor issued media release which is, repeated below.

?

The NSW Treasury Corporation (TCorp) has prepared a Financial Sustainability Rating (FSR) and Outlook for Nambucca Shire Council.? The assessment of the Council?s financial sustainability and outlook will be considered by the Independent Local Government Review Panel which is investigating options for governance models, structural arrangements and boundary changes for local government in NSW.

 

TCorp has assessed the financial sustainability of this Council as ?weak? meaning:

 

A local government with an acceptable capacity to meet its financial commitments in the short to medium term and a limited capacity in the long term.

 

It has a record of reporting moderate to significant operating deficits with a recent operating deficit being significant.? It is unlikely to address its operating deficits, manage unforeseen financial shocks and any adverse changes in its business, without the need for significant revenue and/or expense adjustments.

 

The expense adjustments would result in significant changes to the range of and/or quality of services offered.

 

It may experience difficulty in managing core business risks.

 

TCorp has assessed the outlook of this Council as ?negative? meaning:

 

As a result of a foreseeable event or circumstance occurring, there is the potential for deterioration in the local government?s capacity to meet its financial commitments (short and/or long term) and resulting change in its rating.? However, it does not necessarily indicate that a rating change may be forthcoming.

 

In commenting on the TCorp assessment, the Mayor Councillor Rhonda Hoban said the assessment echoed the concerns and actions listed in Council?s Delivery Program.

 

?Over many decades Council?s General Fund has been ?squeezed? on the revenue side by rate pegging and on the cost side by depreciating infrastructure which has to be renewed and replaced in a timely way.? Cost shifting from the State Government such as through reduced regional road funding and increased contributions to the Rural Fire Service has added to the problem?, said Councillor Hoban.

 

?Council has known about the problem identified by TCorp for some time and has acted by obtaining 8 special rate variations in the past 10 years and also by making unpopular decisions to reduce service levels, for example by cutting Council?s staffing, by transferring ownership of halls and facilities, and by reducing two lane bridges to single lane?, said Councillor Hoban.

 

?Whilst I would like to report on a more favourable financial assessment of the Council, the fact is the problem has been slowly building over decades and was correctly diagnosed by Council?s finance staff and auditor.? Further the Council has put in place tough initiatives to address the problem?.

 

?Finally in response to the work of the Independent Local Government Review Panel, the Council is open to any governance models which will deliver economies or savings to our local community.? However so far we have seen no evidence that amalgamating a number of ?weak? councils will of itself improve the financial sustainability of services?, said Councillor Hoban.

 

Whilst, it is premature to try and contemplate how the assessments will be used, and the recommendations or outcomes from the Local Government Review Panel, there is now doubt that concern will be expressed with the number of Council?s throughout NSW that have a similar or worse assessment than Nambucca Shire Council.

 

 

CONSULTATION:

Mayor? & Councillors

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report

 


Social

 

There are no social impacts associated with this report

 

Economic

 

The report?s assessment should be considered in strict economic parameters.

 

Risk

 

The report?s assessment provides considerable risk to ratepayers and communities if not considered in conjunction with the economic parameters and the assessment criteria outlined in the final assessment.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1View

?- CIRCULARISED - Councillors Only - TRIM 6290/2013 in colour Final TCorp Report with benchmarking data

0 Pages

2View

9218/2013 - TCorp Assessment of NSW Councils - Nambucca Shire Council

0 Pages

??


Ordinary Council Meeting - 24 April 2013

Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013

 

 

 

CIRCULARISED - Councillors Only - TRIM 6290/2013 in colour Final TCorp Report with benchmarking data

 

??Pages

 


Ordinary Council Meeting - 24 April 2013

Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013

 






Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.2?? SF1074??????????? 240413??????? Privacy Management Plan

 

AUTHOR/ENQUIRIES:?? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

The Division of Local Government has prepared a revised Model Privacy Management Plan for Local Government, which was circulated to councils in late January 2013.

 

Council initially adopted its Privacy Management Plan in November 2007, which incorporated the previous ?Model? Plan.

 

The Privacy and Personal Information Protection Act 1998( the ?PPIPA?) requires all councils to prepare a Privacy Management Plan outlining their policies and practices to ensure compliance with the requirements of that Act.

 

In particular, the object of the plan is to inform:

?

? ???????? The community about how their personal information will be used, stored and accessed after it is collected by the Council; and

? ????????? Council staff of their obligations in relation to handling personal information and when they can and cannot disclose, use or collect it.

 

Council?s current cover page (which will replace the DLG cover page) for the Privacy Management Plan has been amended to reflect the relevant legislation. ?It is not proposed to rewrite the Model Plan prepared by the DLG, rather it is recommended that Council adopt the Model Privacy Management Plan for Local Government prepared by the DLG and attach the model plan to Council?s cover page.

 

 

Recommendation:

 

1??????? That Council adopt the model Privacy Management Plan prepared by the Division of Local Government and endorse the changes to Council?s cover sheet.

 

2??????? That Council forward a copy of its revised Privacy Management Plan to the Privacy Commissioner as soon as practicable after its adoption.

 

 

OPTIONS:

?

Council must have a Privacy Management Plan and may prepare its own Plan in accordance with the ?Model? Plan prepared by the DLG. However with the reduced resources available this is not supported.

 

 

DISCUSSION:

 

The Division of Local Government has prepared a revised Model Privacy Management Plan for Local Government and was circulated to Council?s in late January 2013.

 

The Act provides for the protection of personal information by means of 12 Information Protection Principles. Those principles are listed below:

 

Principle 1 - Collection of personal information for lawful purposes

Principle 2 - Collection of personal information directly from the individual

Principle 3 - Requirements when collecting personal information

Principle 4 - Other requirements relating to collection of personal information

Principle 5 - Retention and security of personal information

Principle 6 - Information about personal information held by agencies

Principle 7 - Access to personal information held by agencies

Principle 8 - Alteration of personal information

Principle 9 - Agency must check accuracy of personal information before use

Principle 10 - Limits on use of personal information

Principle 11 - Limits on disclosure of personal information

Principle 12 - Special restrictions on disclosure of personal information

 

The Privacy Management Plan outlines how Council will incorporate the 12 Information Protection Principles into its everyday functions.

 

The information provided by the Department states that:

 

The Model Privacy Management Plan for Local Government has been prepared in consultation with the Office of the Privacy Commissioner and the Local Government and Shires Association of NSW, has been updated to:

 

? ????????? Incorporate the requirements of the Health Records and Information Privacy

??????????? Act 2002 (the HRIP Act) which commenced on September 1, 2004

? ????????? Include references to the Government Information (Public Access) Act 2009

??????????? (GIPA Act), which commence July 1, 2010.

 

The Privacy Management Plan is a document that informs the community about how their personal information will be used, stored and accessed after it is collected by Council.

 

It also informs staff of their obligations in relation to handling personal information and when they can and cannot disclose, use or collect it.

 

There will need to be some minor adjustment to internal processes to ensure that the community are aware of how their Personal Information when collected is stored, protected and released. In particular, in relation to the notification of Development Applications and submissions where an objection has been made.

 

It is intended to cover this in the DA notification letter with the attachment of a Privacy Notification Form? (pre collection) ? Section 10 and also in acknowledgment letters for submissions who were not originally notified with the addition of a Privacy Notification Form (post collection) ? Section 10, and also referring the person/s being notified/acknowledged to Council?s website and the Privacy Management Plan for further information. This is further explained under Part 3.3 of the Model Privacy Management Plan.

 

It is not intended to exhibit the Privacy Management Plan prior to adopting it by Council as the DLG consulted with the Privacy Commissioner and the Local Government and Shires Association and is designed to protect the interest of the community in accordance with the Privacy and Personal Information Protection Act 1998 (The PPIPA).?

 

 

CONSULTATION:

 

General Manager

BSU Co-ordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report

 

Social

 

The intent of the Privacy Management Plan is to protect the interests of the community.

 

Economic

 

There are no direct economic impacts associated with this report, however it may add costs to Council business operations due to the need to include an additional page to all DA notification letters and also possibly to acknowledgment letters where a submission has been received.

 

Risk

 

The Plan does provide a need to ensure that Public Information is not inadvertently disclosed through our normal business operations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is likely to be an increase in the consumption of paper/printing costs for letters where Pre and Post collection Privacy Notification Forms need to be issued.

 

Source of fund and any variance to working funds

 

General Fund. The impact is unknown

 

Service level changes and resourcing/staff implications

 

The management of Personal Information and the altered business practices will consume additional staff time through the preparation of new templates and will require some individual inclusions for each letter, the extent of additional time is unknown but is identified as an impact on staff and resources.

 

 

Attachments:

1View

8961/2013 - Draft Revised Cover Page - Policy - Privacy Management Plan

0 Pages

2View

?- Circularised Docment - Councillors only - Model Privacy Management Plan (Trim 1844/2013)

0 Pages

3View

?- Circularised document - Councillors only - Council's current Privacy Management Plan (Trim 22514/2007)

0 Pages

??


Ordinary Council Meeting - 24 April 2013

Privacy Management Plan

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT REVISED POLICY ?

PRIVACY 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.?

 

 

 

 

1.0???? Policy objective

 

The objective of the Privacy Management Plan is to ensure Council can demonstrate that it has:

 

???? considered and addressed the key issues and requirements of the Privacy and Personal Information Act (PPIPA) 1998 and the Health Records and Information Privacy (HRIPA) Act 2002

???? located and tagged collections of personal information held by the organisation

???? reviewed compliance with obligations under the PPIP Act 1998, and

???? developed appropriate organisational responses to comply with the 12 information protection principles.

 

 

2.0???? Related legislation

 

Government Information (Public Access) Act 2009

Health Records and Information Privacy Act 2002

Privacy and Personal Information Act 1998

Local Government Act 1993

Other relevant legislation as identified within the Plan

 

3.0???? Definitions

 

3.1???? Personal Information?

 

?Personal information? is defined in section 4 of the PPIPA and as follows:

 

Personal information is defined to mean information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.? This information can be on a database and does not necessarily have to be recorded in material form.

 


3.2???? Public Register?

 

A public register is defined in section 3 of the PPIPA and Section 4A to the Health Records and Information Privacy Act 2002 as follows:

 

Public register means a register of personal information that is required by law to be, or is made, publicly available or open to public inspection (whether or not on payment of a fee).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department:

Corporate & Community Services

Last Reviewed

Resolution Number

Author:

Greg Meyers

24 April 2013

 

Document No.

22514/2007?? SF1074

 

 

First Adopted:

 

1 November 2007

 

Resolution No:

 

 

 

Review Due:

 

 

 

 


Ordinary Council Meeting - 24 April 2013

Privacy Management Plan

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Privacy Management Plan

 

 

 

Circularised Docment - Councillors only - Model Privacy Management Plan (Trim 1844/2013)

 

??Pages

 


Ordinary Council Meeting - 24 April 2013

Privacy Management Plan

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Privacy Management Plan

 

 

 

Circularised document - Councillors only - Council's current Privacy Management Plan (Trim 22514/2007)

 

??Pages

 


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.3?? SF1709??????????? 240413??????? Applications and Statistical Reports 2012-2013 - March 2013

 

AUTHOR/ENQUIRIES:?? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

Development Application statistics for the calendar year 2013 compared with 2012 are provided in the body of the report.

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for 2013 compared with 2012.

 

2????????? That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

Development Application Statistics

 

The figures show a 8.47% Increase in the number of DA?s received to end March 2013 with construction costs increasing by 44.79% compared to the same period in 2012. The total number of DA?s/CD?s approved for the month of March 2013 was 15 plus 3 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

January-February 2012

$3,649,967

54

33

January-February 2013

$6,610,727

59

48

 

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 2013

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

46.1

34.5

51.5

149

18

February

62.4

39.5

62.4

173

16

March

41.8

40

58.2

162

17

 

#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).

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Corporate and Community Services

ITEM 10.4?? SF1709??????????? 240413??????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013

 

AUTHOR/ENQUIRIES:?? Lorraine Hemsworth, Business Service Coordinator ????????

 

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 is 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:

 

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

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works ? Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

? Submissions outlined in previous report to Council 27 September 2012 ? Item 10.1

????? Further information required from applicant before matter may be processed

????? Voluntary Planning Agreement supported by Council at its 28 February 2013 meeting.

????? Additional information still being provided

 

Please note that there is one unresolved Development Applications in Excess of 12 months old.

 

 


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

2012/108

07/09/2012

Residential Flat Building and Serviced Apartments (22)

Lot 1 DP 1016126, 4 Fraser Street, Nambucca Heads

????? Daylight Access ? shadowing

????? Visual privacy

????? Set backs

????? Building separation

????? Energy efficiency

 

Submissions close: 19 October 2012

Total submissions received:? 8

Still being processed by Manager

 

????? Access from public road

????? Shadowing on South side

????? Exit of cars ? south side

????? Building to big for land area

????? Overload on Council infrastructure eg water and sewerage

????? Loose of view of north and north east

????? Danger hazard at crest at Woolworths

????? Scale down and to be aesthetically as well as in line with the slope of the block

????? Noise issue in Nelson Street with influx of cars as they will be using this street

????? Noise from roller doors adjacent to windows

????? Length of time to build

????? Overlooked balconies/roof top terraces

????? Creation of damp problems due to shade during Winter

????? Shadows will be larger than shown on plans

????? Where will be the placement of garbage bins

????? Size of building

????? Room for car spaces

????? Waste management collection ? no room for 22 wheeled bins

????? Rear setbacks

????? Building separation

????? Building footprint

????? Visual privacy

????? Daylight access

????? Energy efficiency

????? Height

????? Streetscape and Open space

????? Acoustic Privacy

 

Update:? 5/11/2012

Matters have been discussed with proponents and Planning Consultant

Once matters have been further addressed the application maybe processed

16/11/2012 ? Met with Architect to resolve areas of impact

21/12/2012 ? Additional information and plans received for assessment

Assessment complete

Height further reduced

??????????????????????????? Awaiting response from RFS following late submission by applicant for integration

Application to be presented to Council for determination

Refer to Report in Business Paper

Matter deferred ? Additional information to this meeting which had been identified as being available last meeting by the person lodging submission.

Matter subject to Rescission Motion 28/3/13.

Awaiting response from Architect

Re: Shadow diagrams

2010/004

06/07/2009

13 Lot Residential Subdivision

Lot 95 DP 1099538, Seaforth Drive, Valla Beach MODIFICATION

????? Amendment causing pathway/cycleway to be under threat ? requested to be there by the residents as well used and imperative to remain

????? Amendment is an attack on the health and well being of Valla Beach residents

????? No hazardous exit and entry points at either end of Ocean View Drive and at Seaforth Drive end the path levels out off the road to slow down

????? Increased number of lots ? 13 to 15 (smaller blocks)

????? Detrimental to character of blocks

????? Harder to design house to fit on block

????? Confusion of size of lots

????? Access to Ocean View Drive from southern end of Seaforth Drive is essential for residents

????? Ocean Waves Estate ringed by Nature reserve and worried about if fire in reserve no way out or lots of residents using one exit

????? Support for the removal of the bike/walk way

Petition also received ? Report being prepared to Council

Submissions close: 22 February 2013

Total submissions received: 5

Council report 10 April 2013.

 

Matter deferred until 15 May 2013 meeting so that applicant can attend


 

2013/005

16/01/2013

Depot

Lot 53 DP 755560, 58 Cowins Road, Valla

????? Dust pollution

???? Increased number of vehicles and speed on Cowins Road

Site visited by Senior Town Planner and Manager Applications and Compliance

Submission received

Concerns from Council?s Engineers raised

These concerns have now been reported back to applicant awaiting response

Applicant to be written to with option to withdraw or the matter will be reported to Council

2013/025

1/03/2013

Attached Dual Occupancy

Lot 2 DP 791770, 2 Brahminy Street, Nambucca Heads

????? Building on fence line with neighbours

????? Bedrooms at back of neighbours home and would be quite close to building

????? Nice and quite area

????? Devalue properties

 

Site inspection being arranged (delayed due to tenants in property)

Site inspection arranged

2013/029

11/03/2013

32 Lot Large Lot Residential Subdivision plus 1 Rural Residue Lot

Lot 2 DP 773170, 166 Bald Hill Road, Macksville

????? Road design to provide flood free access to eastern end of the proposed subdivision

????? Intersection is extremely dangerous for existing residents as already many accidents

????? Dangerous blind spots on Bald Hill road and grass shoulders

????? Existing wildlife corridor which has been there for more than 50 years ? will this be preserved or destroyed?

????? The Road, Power and Phone lines are in constant disrepair

????? Not clear on effluent disposal

????? Enquiring if Council are going to notify all property owners on Bald Hill Road

 

Reviewing DA and submissions

2013/033

18/03/2013

Patio Cover

Lot 2 DP 568088, 32 Nelson Street, Nambucca Heads

????? Current use of property and regularity of degree to frequent movement of large and medium commercial vehicles (buses and taxis) 24 hrs a day to conduct? industrial scale operation

 

Submission does not relate to proposal and is to be investigated separately.

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.5?? SF1148??????????? 240413??????? Contract Regulatory Officer's Report March 2013

 

AUTHOR/ENQUIRIES:?? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for March 2013.

 

Recommendation:

 

That the report from the Contract Regulatory Officer for March 2013 be received and noted by Council.

 

 

Cats

Dogs

COUNCIL?S SEIZURE ACTIVITY

 

 

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

1

4

Returned to Owner

0

4

Transferred to - Council's Facility from Seizure Activities

1

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

4

Abandoned or Stray

0

2

Surrendered

0

0

Animals transferred from Seizure Activities

1

0

Total Incoming Animals

1

6

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

0

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

0

0

Dangerous Dogs

0

0

Owner?s Request

0

0

Due to Illness, Disease or Injury

0

1

Feral/infant animal

1

0

Unsuitable for rehoming

0

3

Unable to be rehomed

0

0

Total Euthanased

1

4

Total Outgoing Animals

1

4

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

2

 

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

16

Attachments:

There are no attachments for this report.


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.6?? SF342????????????? 240413??????? Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 11 March 2013

 

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 11 March 2013) and the new Committee.? A copy of the minutes, including the Treasurer?s report are attached.

 

 

Recommendation:

 

That Council endorse the Valla Beach Tennis Courts Committee of Management?s minutes of the Annual General Meeting held on 11 March 2013 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

6884/2013 - Minutes of AGM - 11 March 2013

0 Pages

??


Ordinary Council Meeting - 24 April 2013

Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 11 March 2013

 








?


Ordinary Council Meeting??????????????????????????????????????????????????????????????????? 24 April 2013

Assistant General Manager Engineering Services Report

ITEM 11.1?? SF1676??????????? 240413??????? Capital Works Report - 1 January 2013 to 31 March 2013

 

AUTHOR/ENQUIRIES:?? Paul Gallagher, Assistant General Manager - Engineering Services; Noel Chapman, Manager Civil Works; Richard Spain, Manager Water and Sewerage; Keith Williams, Manager Technical Services; Peter Baynes, Manager Assets; Simon Chapman, Waste Management Officer ????????

 

Summary:

 

This report provides Council with a quarterly report on the Capital Works Program for the period 1 January 2013 to 31 March 2013.

 

 

Recommendation:

 

1??????? That the Capital Works Report for the period 1 January 2013 to 31 March 2013 be received and noted.

 

2??????? That the proposed variations be endorsed and included in the March 2013 budget review.

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

The Capital Works report is presented for the period 1 January to 31 March 2013.

 

Comments from Assistant General Manager Engineering Services:

 

The attached circularised (Councillors only) spreadsheets reflect the expenditure for capital works for the March Quarterly Budget Review (QBR).? As of this current review, the capital works program is generally on budget and with the exception of the bridge program it is anticipated to be completed by the 30 June 2013.

 

This period of reporting has experienced unfavourable weather conditions for the works program emanating from severe storm and flooding activity across the Valley resulting in excess of $5 Million damage to infrastructure and the Shire being declared as a natural disaster area by the State Government.

 

The December 2012 QBR advised Council that the most significant impact on the delivery of the Capital Works Program was within the bridge program associated with the issues surrounding Weekes and Eungai Bridges.? There has been no change in this area and it has been further exasperated with the three major storm events between January and February 2013 which resulted in emergency works being undertaken involving the clearing of bridge decks, landslips, bridge abutments and a significant amount of fallen trees.

 

Laverty?s Bridge was programmed to commence after the Australian Day long weekend, however, with the flooding staff were redeployed to commence work on the replacement of Eungai Creek Bridge which was not affected by flooding within the stream and Laverty?s Bridge will now be constructed after this bridge. It is anticipated that construction of Laverty?s Bridge will commence this financial year but may not be completed by the end of June therefore a revote is anticipated for some carryover expenditure.

 


Rural Fire Service ? Service Level Agreement

 

The Liaison Committee are meeting in accordance with the scheduled meeting dates monitoring the performance of the Business Plan, Quarterly Performance and Finance Reports.? Council will be presented with a report in May emanating from the most recent Liaison meeting held in April. There are no foreseen anomalies within the budget at this review period.

 

The Managers have outlined the progress of works as follows:

 

Comments from Manager Civil Works:

 

The Urban Road Rehabilitation and Reseal Program has commenced and will be completed by May 2013. A review of treatment options has been undertaken for each of the road sections programmed for works in order to maximise the value for money for this work. This has resulted in a number of variations to the individual budget items. A net increase of $16,000 to the budget is anticipated. Details of the individual variations are shown on the attached circulated spreadsheet.

 

Rural Road Heavy Patching has been completed. The over expenditure of $31,500 was for additional areas requiring treatment as identified during onsite works. It is proposed to offset this by a reduction in the Urban Streets Heavy Patching budget allocation. The proposed adjustment can be made within the current budget provisions to ensure that the total heavy patching budgets are not exceeded.

 

All other Capital Works are generally on budget and anticipated to be completed by the 30 June 2013 with the possible exception of Laverty?s Bridge. Construction of this bridge was due to commence on 29 January 2013 however the three flood events in Jan/Feb resulted in significant water flows thus delaying the commencement of works. Staff were also required to undertake emergency flood works.

 

The reconstruction of Eungai Creek Bridge was brought forward as it was not affected by stream flows and Laverty?s Bridge will now be constructed after this bridge. It is anticipated that construction of Laverty?s Bridge will commence this financial year but may not be completed by the end of June therefore a revote is anticipated for some carry expenditure.

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER

 

VARIATION

30 to 48

Urban Streets Rehab

Review of treatment methods.

$ NIL

$ 16,000

50

Rural Road Heavy Patching

Additional areas treated.

$ NIL

$ 31,500

51

Urban Road Heavy Patching

Reduce area to offset item 50 above.

$ NIL

-$ 31,500

 

Comments from Manager Assets:

 

Plant purchases for the financial year are well progressed with only smaller items of plant and one truck purchase to be finalised.? An additional passenger vehicle has been purchased for the new Senior Health & Building Inspector.

 

Plant purchases across all three funds as summarised in the table below and detailed in the attached circularised spreadsheet.?

 

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER

 

VARIATION

94 - 114

General Fund plant purchases

Finalisation of replacement truck purchase.

 

Additional car purchased for new Senior Health & Building Inspector.

 

Minor plant purchases, water filled barriers and compressor yet to be completed and will be purchased in the next quarter reporting period..

$ NIL

$47,389

115 - 119

Water Fund plant purchases

 

One passenger vehicle delivered in March 2013.

 

One more truck is to be ordered, awaiting confirmation of specification and will be purchased in the next quarter reporting period.

$ NIL

 

 

$ NIL

 

-$4,555

 

 

$ NIL

 

120 - 126

Sewer Fund plant purchases

Two ride on mowers to be purchased in the next quarter reporting period.

 

$ NIL

$NIL

 

Comments from Manager Water and Sewerage:

 

Operation & Maintenance

 

There have been a number of cost overruns in the operation and maintenance budget for both water supply and sewerage.? These have mainly been related to water supply reticulation maintenance, sewage treatment works operation and pump station and treatment works energy cost.

 

The higher than expected water supply maintenance costs can be attributed to an unusually high number of water main breaks in both Nambucca and Macksville.

 

Similarly the treatment works operation and maintenance overruns can be attributed to mechanical breakdowns at both the Macksville and Bowraville works.? These required the hire of relatively expensive temporary pumping units and the replacement of some expensive equipment.

 

The higher than expected energy costs may be attributed to wet weather and longer pump run hours.

 

Adjustments can be made within the current budget allocations to ensure that the total water and sewerage budgets are not exceeded.

 

Capital Works

 

The following table provides details on the capital works budget variations for this review period:

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRY OVER

VARIATION

 

1

Water Mains Replacement

(WO1642)

Works were put out to tender and competitive pricing resulted in savings of $29,522.

 

$ NIL

-$29,522

2

Water Supply Mains Upgrade (WO1643)

 

The installation of trunk main to South Macksville was undertaken by Council labour and machinery hire as resulting in savings to budgeted cost of $54,900.

 

$ NIL

-$54,900

 

3

Off River Storage Project (WO2012)

 

Works on the dam component of the project have been delayed due to weather conditions resulting in lower than expected contract payments.

$ NIL

Money allocated in 2013/14 budge

t

 

-$7,000,000

 

4

Nambucca Heads Augmentation (WO1705)

 

Monadelphous claim for variation and delay was resolved as well as payment of additional project management fees. Not allowed in original budget.

$ NIL

 

Reported to Council in confidential report due to contractual arrangements following negotiated settlement

5

 

Sewer Mains Replacement (WO1945)

 

Emergency repair work required on trunk main to Nambucca Heads STP.

$ NIL

 

$30,000

(fund from savings in WO 2130)

 

6

 

Inflow/infiltration Investigation (WO1984)

 

Error found in the allowance of the carryover from previous year.

$ NIL

 

-$41,000

 

7

 

Emergency Storage ? Macksville PS2 (WO2130)

 

Tendered price less than budget estimate.

$ NIL

 

-$31,500

(used to fund additional work on WO 1945)

 

 

ITEMS 1 and 2 ? Costs for water main replacement and upgrade works have been lower than budgeted. The installation of the main to the South Macksville development area was completed using Council labour and machinery hire as required. The water main replacement program was put out to tender and competitive prices were received.

 

Savings within these items can be utilised to balance some overruns in the water supply maintenance budgets.

 

ITEM 3 ? Construction works commenced on the Bowraville Off River Storage (BORS) Project later than originally assumed and the dam construction works have been subject to delays as a result of wet weather.? This has meant that the contractors predicted cash flow has been less than estimated with a consequent reduction in the amount of the claims Council has had to pay.? This has been of some benefit to Council as to date it has not been required to borrow money to fund the works. Funding payments from both the Federal and State Governments has allowed Council to meet its payment commitments.

 

ITEM 4 ? The Nambucca Heads Sewerage Augmentation contract has now been completed. Council resolved to pay a claim from Monadelphous for disputed variations and delay and disruption following a negotiated settlement process.? Council also had to pay additional fees for project management related to the negotiations and the increased contract period.

 

These amounts were not allowed for in the budget estimates and have resulted in a significant variation to the original budget.? However it should be noted that the final cost of the contract, even allowing for the variations and the delay claim payment, was less than that submitted by the next lowest tenderer during the original tender process.

 

ITEM 5 ? An inspection of the trunk main feeding the Nambucca Heads STP downstream of the rising main discharge from Pump Station 4 has revealed that a significant number of access chambers have been subject to severe gas attack.? A number of the chambers are deemed to be unsafe and subject to imminent collapse.? These will have to be replaced and the other chambers repaired with an internal treatment to ensure their longevity.

 

This work was not allowed for in the budget and it is estimated that an additional $30,000 will be required.? This money can be sourced from unused money within the existing budget allocations for the installation of the emergency storage tank for Pump Station 2 at Macksville.

 

ITEM 6 ? The full budget for the inflow and infiltration investigation works will not be utilised.? This is a result of not making the correct allowance for carryovers when setting the 2012/13 budget figure.

 

ITEM 7 ? The tendered price for the installation of the emergency storage tank for Pump Station 2 at Macksville came in below budget and was completed with only minor variations due to ground conditions.? This has resulted in a saving which can be used to fund emergency works on the trunk main to the Nambucca Heads STP.

 

Comments from Waste Management Officer:

 

As reported to Council within the December 2012 QBR, the following capital works have been physically completed as at December 2012, however final completion remains subject to EPA approval to meet the licence requirements which are associated with the Biomass upgrade and are outside of Council?s control:

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRY OVER

VARIATION

 

1

Waste Depot Closure of old landfills (Job 1187.103.509)

Constraints/delays associated with the upgrade to the Biomass Plant and the revegetation layer of cell 2 as per Council resolution.

$ NIL

$ NIL

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

General Manager

Manager Civil Works

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risk issues associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct and indirect impact on future budgets is the carry over of uncompleted works.

 

Source of fund and any variance to working funds

 

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or implications to resourcing or staff.

 

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - Councillors only - Item 11.1 Capital Works Report Spreadsheet - March 2013 SF1676: 9150/2013

0 Pages

2View

?- CIRCULARISED DOCUMENT - Councillors only - Item 11.1 Capital Works Report Other Works SF1676:9156:2013

0 Pages

??


Ordinary Council Meeting - 24 April 2013

Capital Works Report - 1 January 2013 to 31 March 2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Capital Works Report - 1 January 2013 to 31 March 2013

 

 

 

CIRCULARISED DOCUMENT - Councillors only - Item 11.1 Capital Works Report Spreadsheet - March 2013 SF1676: 9150/2013

 

??Pages

 


Ordinary Council Meeting - 24 April 2013

Capital Works Report - 1 January 2013 to 31 March 2013

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Capital Works Report - 1 January 2013 to 31 March 2013

 

 

 

CIRCULARISED DOCUMENT - Councillors only - Item 11.1 Capital Works Report Other Works SF1676:9156:2013

 

??Pages

 

? ?