NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

26 September 2013

 

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 a full day meeting commencing at 8.30 am 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 Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 26 September 2013

 

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

 

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

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 11 September 2013

5??????? NOTICES OF MOTION

5.1???? Notice of Motion - Pilot Program to Encourage Councils to Support Small Business (SF661) 5

5.2???? Notice of Motion - Disposal of Council Owned Surplus Materials and Small Equipment (SF987)? 6

6??????? Notices of Rescission

6.1???? Notice of Rescission - Rescission Motion ? Valla Quarry Compliance With Consent Conditions (SF1431)....................................................................................................................................... 7 ?

7??????? PUBLIC FORUM

 

Mr Roger Jones - Public Forum - community war memo on behalf of Macksville Sub Branch RSL

8??????? ASKING OF QUESTIONS WITH NOTICE

8.1???? Outstanding Actions and Reports...................................................................................... 9 ??

9??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

10????? General Manager Report

10.1?? Election of Deputy Mayor............................................................................................... 15

10.2?? Management of Development, Environment & Community Services.................................. 19

GB5/13 DA2012/108 Residential Flat Building 4 Fraser St Nambucca Heads Section

64 & 94

Contributions - Credits & Prepaid.............................................................................................. 23

10.4?? Warrell Creek Hall Committee of Management AGM - 4 September 2013 - Minutes............. 25

10.5?? Matters raised in relation to Grant Status Report of 11 September 2013 ............................ 32

10.6?? Council Seal Requirement for Local Infrastructure Renewal Scheme 2................................ 33

10.7?? Financial Report - Statement By Councillors and Management - 30 June 2013.................... 35

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

11.1?? Schedule of Council Public Meetings............................................................................... 37

11.2?? Applications and Statistical Reports 2012-2013 - August 2013........................................... 38

11.3?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 1-13 September 2013...................................................................................................... 40

11.4?? Contract Regulatory Officer's Report August 2013............................................................ 43

12????? Assistant General Manager Engineering Services Report

12.1?? Progress Report on Biodiversity Fund Project on the Nambucca Coastline........................ 44

12.2?? Nambucca District Water Supply Steering Committee Meeting - 4 September 2013............ 54

12.3?? GHD Construction Phase Fee Variation - Bowraville Off River Storage Project .................. 60

12.4?? Capital Works Report - 1 April - 30 June 2013................................................................... 72 ????


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?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Notice of Motion

ITEM 5.1????? SF1817??????????? 260913???????? Notice of Motion - Pilot Program to Encourage Councils to Support Small Business (SF661)

 

AUTHOR/ENQUIRIES:??? Bob Morrison, Councillor ????????

 

Summary:

 

That Council write to the NSW Small Business Commissioner requesting that this Council be included in the Pilot Program for councils to support small business.

 

 

Recommendation:

 

That Council write to the NSW Small Business Commissioner, Yasmin King, and ask her if we too can be included in the 12 months forthcoming Pilot Program which would provide a suitable example of a small North Coast Council with a pristine environment, attractive rivers with great tourist and retirement potential.

 

 

BACKGROUND:

 

Four New South Wales councils have been selected to take part in a 12-month pilot program to encourage councils to be more small business friendly ? a program Local Government Minister, Don Page, hopes will be rolled out to all councils.

The plan, described as the first of its kind in Australia, is designed to give councils the opportunity to be formally recognised as small business friendly.

Parramatta is the city council selected, while Lismore, Boorowa Shire Council and Tenterfield Shire Council will represent rural and regional councils in the pilot program.

The Office of the Small Business Commissioner, in partnership with the NSW Business Chamber, will implement the pilot program, which will:

?????? develop a Small Business Friendly Charter, outlining key principles for becoming small business friendly;

?????? provide a diagnostic evaluation tool to assist councils to identify strengths and weaknesses in becoming small business friendly; and

?????? provide a tiered recognition system for councils to recognise efforts in engaging with the small business community.

?Small businesses are the engine room of the NSW economy and it?s important to recognise local councils? efforts to engage with this vital sector,?? Mr Page said.

?Small business friendly councils can help grow employment in their area.?

NSW Small Business Commissioner, Yasmin King, said her office was proud to have been instrumental in getting the initiative off the ground.?

?This program provides a real opportunity to improve relations between small business and councils, and make it easier for small business owners to concentrate on making their businesses thrive.??

For more information visit www.smallbusiness.nsw.gov.au

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Notice of Motion

ITEM 5.2????? SF1817??????????? 260913???????? Notice of Motion - Disposal of Council Owned Surplus Materials and Small Equipment (SF987)

 

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

 

Summary:

 

I have been asked on several occasions what happens to surplus materials and small equipment that is replaced or upgraded at Council?s Works Depot. It is my understanding that some of these items are sold so in the interest of transparency and gaining a true market price, a public auction should be considered.

 

 

Recommendation:

 

That Council receive a report on the possibility of conducting a public auction to dispose of surplus material and small equipment at Council?s Works depot.

 

 

 

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Notice of Rescission

ITEM 6.1????? SF1817??????????? 260913???????? Notice of Rescission - Rescission Motion ? Valla Quarry Compliance With Consent Conditions (SF1431)

 

AUTHOR/ENQUIRIES:??? Paula Flack, Councillor ????????

 

Summary:

 

Council?s resolution 40/31 made in closed meeting on 11 September 2013, regarding the Valla Quarry does not address the core issue of non-compliance with Condition 12 which limits annual extraction to 50,000m3 annually.

 

Councillors will have read the previous two confidential reports regarding this matter and so be aware of the issues relating to extraction volumes at the quarry and previous correspondence from as early as January this year, between Council and the Quarry operator regarding this.

 

Council is the responsible authority for ensuring compliance with consent conditions which were applied as part of the Land and Environment Court approval.

 

Council should act in a decisive and timely manner to ensure compliance with development consent conditions.? However in light Council?s significant conflict of interest as a purchaser of Valla Quarry products, it is even more imperative that it does so.? This is one of the reasons cited by the General Manager in earlier reports, for proceeding directly to the Court to seek orders under Class 4. It is also vital that Council proceeds with this matter in an open and transparent a way as possible.

 

Councillors have been aware of this matter since 29 August 2013, when it was presented in closed meeting and resolved that a further report come to Council.? As a result of this decision no action was taken regarding the alleged breaches of consent condition 12, pending presentation of the report at Council?s next meeting.? At the 11 September meeting, Council?s resolution once again did not address the immediate issue of compliance.

 

Whilst an onsite inspection may be of use to councillors in understanding the current operations at the quarry and the various impacts to nearby residents in terms of the current and possible future operation of the quarry, it fails to address the most pressing issue of compliance and the fact that Council has had knowledge of alleged over extraction since January.

 

Allowing 28 days to lodge an application to modify the development consent to address the matter of significantly increased extraction rates is unrealistic given the likely need for various impact assessments.? It may be ultra vires given that it effectively requires lodgement a modification application to avoid legal action and does not allow for the possibility that a new development application will be required.? It also falls far short of meeting Councils obligations as the enforcement agency in this case.

 

Mrs Davies, who spoke under delegation at the 11 September meeting, stated that the increased volume for truck movements continues.? This is in spite of Council?s correspondence.? Council must act to require compliance and do so sooner rather than later.? The quarry operators have had sufficient notice.

 

 

 

 

RECOMMENDATION:

 

That Council rescind point 2 of Motion 41/13 namely: that Council provide the quarry operators with 28 days to lodge an application to modify the development consent or otherwise Council will undertake legal action.

?

And if the above rescission motion is successful:

 

 

 

 

RECOMMENDATION:

 

That Council urgently seek Class 4 orders in the Land and Environment Court to limit the operations at the Valla Quarry to 50,000m3 (in situ) per annum being the requirement of Condition 12 of the development consent and such other orders as the Court deems appropriate.

 

RECOMMENDATION:

 

That Council seek orders to:

 

1??????? limit operations to 50,000m3 in situ per annum

2??????? determine a fine

3??????? redeem Council?s costs and

4??????? such other orders that the Court deems fit.

 

RECOMMENDATION:

 

That Council advise the NSW Environmental Protection Agency of its proposed action and invite them to be party to the proceedings.

 

 

 

 

CONSULTATION:

 

Michael Coulter, General Manager

 

 

 

SIGNED:

 

Cr Paula Flack

 

 

Cr Anne Smyth

 

 

Cr Martin Ballangarry

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report. ??


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Questions with Notice

ITEM 8.1????? PRF54????????????? 260913???????? 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.

 

Part funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.? A grant has been applied for, if unsuccessful will not proceed until next year.

 

JULY 2011

2

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 which are presently on exhibition, will report to Committee then Council once adopted then proceed with amending the climate change policy and report to Council.

 

Council staff to report on carbon emissions for Council activities to a meeting in October 2013.

 


 

OCTOBER 2011

3

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

Change in Rates staff meant that there has not been the opportunity to review the criteria.? To be reported in 2013/2014.

 

Once Finance Structure resolved this matter should progress.

 

OCTOBER 2012

4

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.

Study completed & a copy was provided to Council on 31 July.? Meeting to be arranged with RMS and Trade & Investment preparatory to APS lodging an application to modify the consent to increase output from 90,000 tonnes p.a. to 200,000 tonnes p.a.

 

MARCH 2013

 

5

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

 

6

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

Verbal advice has been provided to Council that a Ministerial request for information was forwarded to the Rail Authority seeking information on the bridges.

Further letter sent 31/7/13

 

Staff investigating whether letters have been sent.? No evidence letters were sent.? GM sent letter to the Minister, the Hon. Duncan Gay on 10 September 2013.

 

 

APRIL 2013

 

7

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

Mayor and Ms Janine Reed attended Community Cabinet meeting in Taree on 20 May 2013 in relation to this.

 

Meeting with rms 30 May 2013.? Issue discussed.? Rms are preparing a concept with indicative costing and will supply to Council.

 

Suggested indicative costing is $10M.

 

Concept plan not received as at 7 August 2013.? Follow up letter sent.

 

 


 

JULY 2013

8

SF251

10/7/2013

A delegation comprising the Mayor, interested Councillors, a rep of the three Chambers of Commerce and a victim of crime seek an urgent meeting with the Minister for Police and the Hon. Andrew Stoner MP.? Also stat dec forms be distributed and a media release be issued.

 

GM

Request sent to Andrew Stoner?s office on 12/7/2013.? Media release issued on 12/7/2013.? Stat. dec. forms circulated.? Reminder letter sent 13 September 2013.

9

SF453

10/7/2013

Councillors be notified of the next scheduled meeting of the Coffs Coast Waste Service and Council follow up Bellingen Shire Council.

 

GM

Waste Management Officer to advise Councillors of next meeting.? Follow up letter sent to Bellingen Shire Council on 19/7/2013

10

RF275

25/7/2013

Council request that RMS consider providing Natural Disaster Funding for the provision of a bicycle/walking/horse riding trail in lieu of reinstating the Bowraville to Bellingen Road.

 

GM

Letter sent 1 August 2013.

AUGUST 2013

11

SF1817

14/08/2013

That the Waste Management Officer report to Council on alternate arrangements for providing a bulk waste collection service.

 

AGMES

Will be combined with the waste management quarterly report in October 2013.

 

On target for October.

12

SF29

14/08/2013

That Council receive a report on how its resolution about seeking independent legal advice about any future council alliances and then tracking net asset movements will be captured/used in Council?s procurement policy/processes.? The report is to also provide information on the Destination 2036 Working Party report on local government alliances.

 

AGMCCS

Report in September 2013.

 

Deferred to October 2013.

13

LF6107

14/08/2013

There be a report to Council on the circumstances relating to the construction of a shed and other improvements on the Alpha Street road reservation.

 

GM

Report in October 2013.

14

SF85

14/08/2013

Council write to the RFS asking them what their proposed service level for the future will be and from that what their accommodation arrangements are likely to be (at NEOC).

 

AGMES

Letter sent 16 August 2013

 

Response received 5 September 2013

 

Will be reported in October 2013.

15

SF1031

14/08/2013

That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely ?Tree Removal (SF629) containing the 6D principles.

 

 

AGMES

Report in September 2013.

Deferred to October 2013.

16

PV4/2013

14/08/2013

That an appointment to the position of AGM Development, Environment and Community Services be deferred pending a further report to Council on the management of this section.

 

GM

Report to meeting on 11 September 2013.

 

Deferred to 26 September 2013.

17

SF1817

29/08/2013

Wilson Road from 200m west of Coronation Road to 400m west of Spaldings Road.? Council request the RMS to reconsider the 90kph speed zone

 

And Further?..

Council write to the RMS requesting reinstatement of the 60kph zone on Rodeo Drive travelling east from Bowraville after the Valla Road turnoff? where the ?s? bends are.

 

AGMES

Manager Technical Services has requested a further review of these sections of the Drive

 

 

18

SF84

29/08/2013

Council write to the RFS seeking confirmation that training for volunteers will continue at the same level at NEOC & ask if there is going to be any reduction in training opportunities at brigade sheds.? Further, that Council seek advice on what will the RFS? future requirements be for NEOC.

 

AGMES

Letter sent 9 September 2013

SEPTEMBER 2013

19

SF1437

11/09/2013

Council make enquiries as to whether the sewerage connection to the Golf Club across the causeway has been inspected or upgraded as it was observed to be in poor condition.

AGMES

Water main and has been inspected and replaced as necessary.

20

SF1120

11/09/2013

A report come to Council on the Better Boating funding program regarding the proposed jetty on Stuart Island with details about the design, REF, any required maintenance dredging, environmental impacts.

GM

Report to meeting on 26 September 2013

21

SF1120

11/09/2013

That further clarification be provided on the $20,000 from the Environmental Levy for the Macksville CBD economic strategy.

GM

Report to meeting on 26 September 2013

22

SF1620

11/09/2013

That a report come back to Council regarding companion animal management & options to improve animal welfare and housing and possible options to improve Council?s performance including the consideration of initiatives by other councils.

GM

Report in October 2013

23

SF1875

11/09/2013

Council undertake a community awareness program on plans to apply for a SRV of up to 3% for up to 4 years from 2014/15.? The review of the LTFP include & exclude SRV options.? Alternative scenarios to a rate rise, such as borrowings and LIRS be also considered in the LTFP.? Other rate increase options to be considered including an increase of 3% for one year only.

GM

Work plan completed.? Next target is to have Asset Management Plans completed by 27 September 2013.

24

SF1755

11/09/2013

That half yearly progress reports be submitted to Council on the Customer and Business Services Unit in February and August.

GM

Report February 2014

25

SF1823

11/09/2013

That in future reports Council receive details of the number and value of the construction certificates issued.

GM

Report October 2013 onwards

26

SF1823

11/09/2013

An on-site inspection of DA2013/057 occur prior to the determination of the application by Council.

GM

Inspection to be scheduled for 16 October 2013

 

 

27

LF6417

11/09/2013

That Council dye test the spring (above 8 Creek Street) which has been identified and inspect the stormwater drainage of those properties identified as possible sources of ground and surface water.

AGMES

Dye test undertaken and no impact on 8 Creek Street identified.? Further investigations for other properties is required.

28

SF1621

11/09/2013

That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.

AGMES

 

29

SF1431

11/09/2013

That Council inspect the (Valla) quarry & the location of houses in relation to the quarry prior to making any decision.? That Council provide the quarry operators with 28 days to lodge an application to modify the development consent, otherwise Council will take legal action.

GM

Rescission motion lodged.? Action on hold.

30

SF1690

11/09/2013

Council note the required variation to its budget to be reported with its September quarter budget review (Skate Park)

GM

Report in November 2013.

Attachments:

There are no attachments for this report.

???


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager

ITEM 10.1??? SF830????????????? 260913???????? Election of Deputy Mayor

 

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

 

Summary:

 

It is a requirement under the Local Government (Elections) Regulations 1998, Clause 124, that the annual election of a Deputy Mayor is to be in accordance with Schedule 3 to that Regulation.

 

 

Recommendation:

 

1??????? That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2??????? That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

 

3??????? That the election of Deputy Mayor proceeds.

 

4??????? That following the election, the Mayor declares Cr??.elected as Deputy Mayor for the term of office expiring September 2014.

 

5??????? The Division of Local Government be advised of the outcome of the election and Council?s website be updated.

 

 

OPTIONS:

 

There are options as to the method of election being open voting (show of hands), ordinary (secret) ballot, or a preferential (secret) ballot.

 

 

DISCUSSION:

 

Schedule 3 provides that the General Manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.

 

Whilst a nomination form is included in this report, I appreciate that Councillors may not be able to print same.? For this reason I will have printed copies of the form available before the Council meeting.? I have also put a printed copy of the form in Councillor pigeon holes.

 

If only one Councillor is nominated, that Councillor is elected.? Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.? (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands.)

 

Ordinary Ballot or Open Voting

 

The process for an ordinary ballot or open voting is as follows:

 

?????? Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.

 

?????? Where there are three or more candidates, the one with the lowest number of votes is excluded.

 

?????? If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.

 

?????? If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.

 

Where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot.? By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.

 

If the method of voting resolved by Council is by ordinary ballot or open voting then Part 2 of the Regulations apply (paragraph 20-2360 and onwards).

 

Preferential Ballot

 

The ballot papers are to contain the names of all the candidates.? The Councillors are to mark their votes by placing the numbers ?1?, ?2?, and so on against the various names to indicate their order of preference for all the candidates.

 

If a candidate has an absolute majority of first preference votes, the candidate is elected.? If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with second preferences on those ballot papers.? A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.

 

For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected.? If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.

 

Choosing by lot

 

The names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications.

 

Social

 

There are not implications.

 

Economic

 

There are no implications.


 

Risk

 

There are no implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications for Council.

 

Source of fund and any variance to working funds

 

There are no financial implications for Council.


NAMBUCCA SHIRE COUNCIL

 

 

 

NOMINATION

 

ELECTION OF DEPUTY MAYOR

 

26 SEPTEMBER 2012

 

 

 

 

PRINT IN CAPITALS

NAME OF COUNCILLOR

NOMINATED FOR ELECTION:

 

 

SIGNATURE OF COUNCILLOR

CONSENTING TO NOMINATION:

 

 

SIGNATURE OF COUNCILLOR

ENDORSING THE NOMINATION:

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

AND

RETURNING OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM 10.2??? SF1851??????????? 260913???????? Management of Development, Environment & Community Services

 

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

 

Summary:

 

It is recommended that Council adopt an organisation structure comprising two Assistant General Managers as shown in the attachment.

 

 

Recommendation:

 

That Council adopt the organisation structure shown in the draft organisation structure chart.

 

 

OPTIONS

 

Council can appoint a third Assistant General Manager by making an appointment from the applications it has already received or through readvertising.? If the Council elects to appoint a third Assistant General the selection panel would meet to determine whether to make an appointment from the short list of candidates who were interviewed or whether the position should be readvertised.

 

 

DISCUSSION

 

At Council?s meeting on 14 August it was resolved that an appointment to the position of Assistant General Manager Development, Environment and Community Services be deferred pending a further report to Council on the management of the section.

 

Interviews for the position of Assistant General Manager Development, Environment and Community Services were conducted on 27 July 2013.? The selection panel comprised the Mayor, Deputy Mayor, General Manager and Manager Human Resources with Mr Robert Ball from Blackadder Associates (and the recently retired General Manager of Hornsby Shire Council) acting as facilitator.

 

In relation to the position, an offer was not made essentially because of concern amongst Panel members that there may not be a good fit between the preferred candidate; the remuneration package and the significant operational (as opposed to management) workload of the position.? In other words the Panel queried whether the position title, description and remuneration package was a good fit with the day to day operational responsibilities of the position.

 

To clarify, the position of Assistant General Manager Development, Environment and Community Services would replace the position of Manager Applications and Compliance.? Mr Paul Guy currently occupies this position on a temporary fixed term basis.? There was concern that an appointment may necessitate the employment of an additional staff member to pick up the expected operational workload.? This may mean the expenditure of an additional $80,000 on top of the $46,000 difference in remuneration between the existing Manager?s position and an Assistant General Manager.

 

Essentially the issue is how best to balance the Council?s available resources.? In the context of the Council?s designation as being ?weak? in terms of financial sustainability with a ?negative? outlook (TCorp), the Panel believes that staffing costs, particularly for the more costly management staff, have to be closely scrutinised.? Additional annual recurrent costs of $46,000 (for the AGM) or $126,000 (for the AGM plus an additional staff member) are quite significant being equivalent to a rate increase of approximately 0.5% to 1.5%.

 

Whilst the costs are significant there are also potential service level implications in changing a Council?s organisation structure at the management level.? The significance of a change to service levels depends on many factors including the adequacy and competency of the staff as well as the Council?s existing systems.? At Nambucca Shire Council another relevant factor is that the Council has already made a major and sustained investment in strategic land use and natural resource planning over many years.

 

There will be different perspectives on the costs and benefits of changes to the organisation structure from the stakeholders who include council staff, councillors, unions, government departments, business as well as residents and ratepayers.

 

The preferred option for Council?s organisation structure remains as previously reported being a General Manager and two Assistant General Managers.? Responsibility for development, environment and community services would be transferred to the General Manager.? Previous benchmarking of small to medium sized councils indicates that a structure of two Assistant General Managers is common place.? This structure was most recently introduced at Bellingen Shire Council.?

 

The General Manager?s span of control has been reduced by removing the Grants and Contributions Officer as well as the Strategic Planner as direct reports and in place of that the Manager Development and Environment and Manager Community and Cultural Services would report to the General Manager.

 

The recommended structure is shown in the attached organisation chart.

 

 

CONSULTATION:

 

The Consultative Committee has previously recommended a three (not two) Assistant General Manager structure for the following reasons:

 

1?????? Improved effectiveness of Council?s three functional areas of responsibility;

2?????? Leaves the General Manager to undertake the higher level strategic functions of Council;

3?????? The additional $11,000 cost compared with the current budget is minimal and offset by the improved effectiveness;

4?????? It is considered inappropriate for the General Manager to represent a functional area at Council meetings. A change of General Manager would potentially change the particular skills held and may make continuing this representation a challenge; and

5?????? Any future appointment of a General Manager would be restricted and only a narrow field of applicants would be equipped to replace the current General Manager?s planning skills.

 

Comment from General Manager

 

The Consultative Committee comment concerning cost refers to the structure prior to the appointment of the Assistant General Manager Corporate Services.? At this time there was a saving from not appointing a Revenue Accountant and appointing a Finance Assistant instead.? The baseline has now changed and the cost difference is $46,000, ie the difference in remuneration between the Assistant General Manager and the Manager Applications and Compliance.

 

In relation to the comments about the structure and a change in General Manager, there can be a transfer of responsibilities between the two Assistant General Managers and General Manager.? The Senior Staff contracts provide that such agreement cannot be unreasonably withheld.? For example at Bellingen Shire Council, the Deputy General Manager Operations who is responsible for all engineering matters is also responsible for planning and building regulation.? Their Deputy General Manager Corporate and Community besides being responsible for all of the Council?s finances and governance is also responsible for sustainability and natural resources as well as community well-being.? Depending upon the skill set of the incumbents there will be opportunity to adjust these functional responsibilities if there is a different General Manager.

 

 

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 compromises do have to be made.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation provides a saving of $46,000 per annum.? However if the recruitment of an Assistant General Manager was to mean that additional operational staff were required then the saving would be much greater.

?

Source of fund and any variance to working funds

 

There was no provision made in the 2013/14 budget for a third Assistant General Manager.? If say an appointment was made and the successful candidate took up the position half way through the financial year, there would need to be a variation to working funds of approximately $23,000.

 

Service level changes and resourcing/staff implications

 

The report discusses implications for service levels.

 

Attachments:

1View

23178/2013 - Draft Organisation Structure Chart - September 2013

0 Pages

??


Ordinary Council Meeting - 26 September 2013

Management of Development, Environment & Community Services

 

DRAFT ORGANISATION STRUCTURE CHART

Organization Chart 



Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM GB5/13?????????????????????? SF251????????? 260913??? DA2012/108 Residential Flat Building 4 Fraser St Nambucca Heads Section 64 & 94 Contributions - Credits & Prepaid

 

AUTHOR/ENQUIRIES:??? Paul Guy, Manager Applications and Compliance Services ????????

 

Summary:

 

Mr S Reilly owner of the above site/development has submitted a development application for modification of the above DA condition for section 64 & 94 contributions to be paid for this development (approved by council on 10/07/2013 ) to reflect:

 

a????????? Correct a miscalculation of Sect 64 contributions shown in the consent

b????????? past contributions paid and retained by council from previous developments approved and not proceeded with on this site; and

c????????? potential credits for the old Max Motel which had been demolished in the past to make way for new development

 

Consideration is sought from council as to how long credits from a previous commercial development which has been demolished apply to a development site with other factors such as reason for demolition and duration of time before redevelopment takes place due to economy being taken into account.

 

Recommendation:

 

1????????? That council recognise previous Section 64 & 94 payments already paid to the sum of $13,509 and $11,347 respectively and subtract from the total payments to be made for DA2012/108.

 

2??????? That council recognise credits for the old Max Motel (9x1 units & 1x3 bedroom caretakers cottage) which stood on this site of $86,458.71 (Sect 64) and $9171 (Sect 94).

 

 

OPTIONS:

 

That council consider the period between the demolition of the Max Motel and this current approved development to be too great and that credits do not apply

 

DISCUSSION:

 

Item a) relates to the water contribution rate being shown as .75 ET?s on the consent instead of .5 ET?s and the consent is to be modified to reflect same

 

With respect to Item b) I have reviewed all previous Development applications for this site commencing from an initial proposal to carry out alterations and additions to the previous Max Motel and found a number of payments made for Section 64 and 94 contributions. These have been checked by Council?s accountant (an onerous task given that previous receipting did not capture DA number or surname of payer) and found to be non-refunded. The amount paid may be subtracted from present contributions.

 

Item c) requires Council?s consideration due to the length of time that this site has remained vacant. History of the site is as follows:

 

??????????? DA2003/003 was lodged proposing the demolition of 2 dwellings and the existing Max Motel (9x1bedroom & 1x3 bedroom) and the construction of a 6 unit Tourist accommodation (Ocean View apartments) to replace the 2 dwellings and a 27 unit motel to replace the Max. A. The consent ended up being modified to carry out the demolition and erection of the 6 bedroom apartments which was carried out in 2003.

??????????? A major real estate boom in or around 2004 saw plans for the 27 unit motel be transformed into a residential flat building which was approved by council and excavation works carried out however the boom was short-lived and redevelopment of the site has not taken place.

??????????? The site has been vacant for just on 10 years.

??????????? Credits for Section 64 amount to $86,458.71 out of required amount of $290,984.22 (2013/14 Fees & charges).

??????????? Credits for Section 94 amount to $9171 out of required amount $30,472.88.

 

The decision to apply the credits is ethical but the question remains ? at what point is a site considered to be a ?Greenfield site?? ie at what point is it considered as an undeveloped site? when it carried a previous development if at all?

 

 

CONSULTATION:

 

??????????? The contribution figures have been confirmed by Council?s Accountant Faye Hawthorne

??????????? The matter has been discussed with the General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No implications

 

Social

 

It may be argued that there is reduced community facility if the credits are off-set

 

Economic

 

The offset credits significantly impacts on contribution for infrastructure but also in the reverse situation impacts on continuing with the development

 

Risk

No implications apart from above

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Obvious that prior credits reduce a stated contribution figure in a new development and in this case it appears as a large sum because Section 64 have been increased significantly

 

Source of fund and any variance to working funds

 

Previous contributions lodged with council may possibly already been spent

 

Service level changes and resourcing/staff implications

 

No impact

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM 10.4??? SF344????????????? 260913???????? Warrell Creek Hall Committee of Management AGM - 4 September 2013 - Minutes

 

AUTHOR/ENQUIRIES:??? Monika Schuhmacher, Executive Assistant/Business Services Unit ????????

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Warrell Creek Hall Committee of Management and the new Committee.? Copies of the Minutes of this meeting, held on 4 September 2013, and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall?s Annual General Meeting held on 4 September 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 Warrell Creek Hall?s Committee of Management was held on Wednesday 4 September 2013.

 

The Committee of Management for 2013/2014 comprises:

 

????????? President??????????????????????? Ray Williams

????????? Vice President???????????????? Helen Searle

????????? Secretary??????????????????????? Robyn Wood

????????? Treasurer???????????????????????? Julie Roberts

????????? Booking Officers???????????? Julie Roberts

????????? Committee Members?????? Shane O?Neill, Tracey Welsh, Megan Cartwright

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk 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 for working funds.

 

Service level changes and resourcing/staff implications

 

There are not changes to service levels nor are there any resourcing/staff implications.

 

 

Attachments:

1View

22931/2013 - Minutes of AGM held 4 September 2013

0 Pages

??


Ordinary Council Meeting - 26 September 2013

Warrell Creek Hall Committee of Management AGM - 4 September 2013 - Minutes

 






Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM 10.5??? SF251????????????? 260913???????? Matters raised in relation to Grant Status Report of 11 September 2013

 

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

 

Summary:

 

This report provides information to Council regarding Item 9.7 Grant Application Status Report of 11 September 2013 meeting, as resolved by Council.

 

That a report come back to Council on the better boating funding program regarding the proposed Jetty on Stuart Island with details about the design, review of environmental factors, any need for maintenance dredging and environmental impacts generally.

 

That further clarification be provided on the $20,000 from the Environmental Levy for the Macksville CBD economic strategy.

 

 

Recommendation:

 

That Council note the information provided.

 

 

DISCUSSION

 

Better Boating Funding Program

 

In the Grant Application Status Report considered at Council?s 11 September 2013 meeting, there was a report of a Better Boating Program grant application made for a Stuart Island jetty and amenities building. The report should have used the term ?pontoon? which will be a floating structure, put in place after the existing old wooden jetty is removed. As with all such projects, Council will go through the Review of Environmental Factors as required under law at the time when it is known that we have the funding. There has not been any dredging done at this site under the existing arrangement and it is not intended to do any dredging in relation to this new project, if the grant application is successful. Informal advice was sought from Office of Environment and Heritage?s John Schmidt regarding environmental impacts generally with the installation of the pontoon and he said that he was satisfied that any impacts would be quite minor due to the location of the pontoon and the installation process.

 

 

Environmental Levy for the Macksville CBD Economic Strategy

 

In relation to the $20,000 from the Environmental Levy for the Macksville CBD economic strategy, this is the same $20,000 that has been allocated to Streetscape Improvement Plan, currently underway. It is not an additional amount it is simply using an existing allocation, previously approved by Council, to leverage funding from a different source.

?

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM 10.6??? SF976????????????? 260913???????? Council Seal Requirement for Local Infrastructure Renewal Scheme 2

 

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

 

Summary:

 

Council was successful in its application to the NSW State Government for a 3% loan subsidy under the NSW Local Infrastructure Renewal Scheme. Council will secure a loan of $1,455,000 through a standard tender process to carry out works on bridges and conduct bitumen resealing, and receive a subsidy $237,062 over the period of the loan. The LIRS 2 Funding Agreement requires the Council seal be affixed. This resolution will enable the agreement paperwork to be submitted.

 

Recommendation:

 

That Council resolve to attach its seal to the NSW Local Infrastructure Renewal Scheme Application ? Round Two ? LIRS funding agreement so that the funding agreement can come into effect.

 

OPTIONS:

 

There are no options. If the Council does not resolve to affix the seal the funding agreement will not be able to be lodged.

 

DISCUSSION:

 

This item does not require additional information.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

The community will benefit from the improved infrastructure which will be supported by this agreement.

 

Economic

 

The Council will gain significant economic advantage with the acceptance of the funding agreement.

 

Risk

 

The funding agreement clearly sets out requirements in relation to the agreement, therefore the risk is low.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The loan has been incorporated into current and future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

None.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

General Manager's Report

ITEM 10.7??? SF1761??????????? 260913???????? Financial Report - Statement By Councillors and Management - 30 June 2013

 

AUTHOR/ENQUIRIES:??? Faye Hawthorne, Accountant ????????

 

Summary:

 

Council is required to make declarations under Section 413(2) (C) of the Local Government Act, Local Government Code of Accounting Practice and Financial reporting as per the following recommendations and detailed in the discussion.

 

Council?s financial reports must include a statement in approved form as set out in Sect. 215 of the Local Government (General) Regulation as to its opinion on the general purpose special purpose financial reports. The declarations are required under the Local Government Act and Local Government Code of Accounting Practice and Financial Reporting and therefore needed in order for the audit to be commenced.

 

Recommendation:

 

1??????? That the Mayor, one other Councillor to be nominated, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2??????? That the Mayor, one other Councillor to be nominated, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

OPTIONS:

 

Council has the option to form another opinion on the Financial Reports bearing in mind that audit will need to be deferred until Council agrees to make a statement on the Financial Reports in the approved form.

 

 

DISCUSSION:

 

The audit is scheduled to occur from 8 ? 10 October and it is expected it will be completed to allow the audited Statements to be provided to the Department before the 31 October 2013 and presented to the Public prior to the end of November 2013.

 

A further report of the results for 2012/2013 will be presented to Council prior to presentation to the public.

 

In accordance with the requirements of Section 413(2)(C) of the Local Government Act and the Local Government Code of Accounting Practice and Financial Reporting, Council is required to prepare statements in the approved form as to its opinion on the general purpose and special purpose financial reports.

 

The General Purpose Reports Statement by Councillors and Management declares:

 

1????????? That the Financial Reports to be submitted to the Auditor have been drawn up in accordance with:

 

???????????????? The Local Government Act 1993 (as amended) and the Regulations made there under

???????????????? The Australian Accounting Standards and professional pronouncements, and

???????????????? The Local Government Code of Accounting Practice and Financial Reporting

 

2????????? That the Financial Reports also:

 

?????????????? Present fairly the Council?s operating result and financial position for the year, and

?????????????? Accords with Council?s accounting and other records.

 

3????????? That we are not aware of any matters that would render the reports false or misleading in any way.

 

The Statement must be made by resolution of Council and be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.  The Statement has to be completed and attached to the relevant annual financial reports to the audit process can continue.

 

The Special Purpose Reports Statement must also be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.

 

The Statement declares:

 

1????????? That the Special Purpose Financial Statements have been prepared in accordance with the Local Government Code of Accounting Practice and Financial reporting and the:

 

???????? NSW Government Policy Statement ?Application of National Competition Policy to Local Government?

???????? The Division of Local Government Guidelines ?Pricing & Costing for Council Businesses - A Guide to Competitive Neutrality?.

???????? The Local Government Code of Accounting Practice and Financial Reporting.

???????? The NSW Office of Water (Department of Environment, Climate Change and Water) Guidelines ? ?Best Practice Management of Water and Sewerage?.

 

2??????? These reports, to the best of our knowledge and belief:

 

???????? Present fairly the Operating Result and Financial Position for each of Council?s declared Business Activities for the year, and

???????? Accords with Council?s accounting and other records

 

3????????? That we are not aware of any matter that would render the reports false or misleading in any way.

 

 

CONSULTATION:

 

?????????????? Local Government Act 1993

?????????????? Local Government (General) Regulation 2005

?????????????? Local Government Code of Accounting Practice and Financial Reporting

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Corporate and Community Services

ITEM 11.1??? SF251????????????? 260913???????? Schedule of Council Public Meetings

 

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

 

Summary:

 

The following is a schedule of dates for public Council meetings.? The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Recommendation:

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Access Committee

24/09/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

26/09/2013

Warrell Creek Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Water Supply Steering Committee

02/10/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

16/10/2013

Council Chambers

8.30 AM

Access Committee

22/10/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

31/10/2013

Taylors Arm Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Water Supply Steering Committee

06/11/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/11/2013

Council Chambers

8.30 AM

Access Committee

26/11/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

28/11/2013

South Arm Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Ordinary Council Meeting

11/12/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

15/01/2014

Council Chambers

8.30 AM

Ordinary Council Meeting

30/01/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

12/02/2014

Council Chambers

8.30 AM

 

Note:?? Departure times to Rural Halls have been added.

Note:?? Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Corporate and Community Services Report

ITEM 11.2??? SF1823??????????? 260913???????? Applications and Statistical Reports 2012-2013 - August 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 an 13.58% Increase in the number of DA?s received to end August 2013 with construction costs increasing by 52.25% compared to the same period in 2012. The total number of DA?s/CD?s approved for the month of August 2013 was 26 plus 3 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

*Construction Costs of Approved DAs & CDs

Applications Approved (DA & CD)

January-August 2012

$15,753,248

140

Still working on getting program adjusted to include this

103

January-August 2013

$32,988,785

162

137

*Costs can attribute to Applications received in previous years

 

 


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

April

34.92

30

37

49

23

May

37.30

28

47.31

199

2

June

42.81

37

36.81

86

8

July

42.8

32

50.90

202

23

August

42.92

36

52.85

129

7

 

#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).

 


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.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Corporate and Community Services Report

ITEM 11.3??? SF1823??????????? 260913???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 1-13 September 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

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

Meeting with applicant and planning agreed that Council would assess its section of the link road under Part 5 of the EPAA.? Concept plan for Link Road currently being prepared for assessment.? Will be exhibited with VPA.

 

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

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

Town Planning Staff and RFS concerns have been reported to applicant

Applicant is preparing amended plans

RFS have now issued conditions.

Negotiating location of road

2013/057

02/05/2013

Dual Occupancy & Demolition of existing dwelling

Lot 10 Section C, DP 17707, 2 Waratah Street, Scotts Head

????? Amenity ? view sharing concerns ? height limits and loss of views therefore property value decrease

????? Compliance concerns ? query on complying with sq metre rule excluding access handles

????? Adjacent windows on 2nd floor overlook external area

???? Privacy concerns ? increase in noise levels due to increased housing density and location of buildings

????? Demolition concerns ? regarding the removal of asbestos

????? Could set precedent in dual occupancies and parking issues

Officer assessing proposal and submissions

 

Report to 16 October 2013 meeting and listed for inspection

2013/107

02/08/2013

Additions Residential

Lot 7 DP 21223,

61 Palmer Street, Nambucca Heads

????? No heights indicated of proposed dwelling & concerned that from southern elevation it is extremely high and block out Winter sun eg 3 stories

????? Large block and from site plan the eastern side of house is 900 from boundary and neighbours home is 900 from boundary.? Raises concerns with potential fire hazard and potential noise levels

 

Being assessed

Applicant has been asked to submit a formal request to vary DCP requirements

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Corporate and Community Services Report

ITEM 11.4??? SF1148??????????? 260913???????? Contract Regulatory Officer's Report August 2013

 

AUTHOR/ENQUIRIES:??? Teresa Boorer, Business Services Officer ????????

 

Summary:

 

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

 

Recommendation:

 

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

 

 

Cats

Dogs

COUNCIL?S SEIZURE ACTIVITY

 

 

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

???????? 1

5

Returned to Owner

1

3

Transferred to - Council's Facility from Seizure Activities

0

2

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

4

Abandoned or Stray

1

5

Surrendered

0

2

Animals transferred from Seizure Activities

0

2

Total Incoming Animals

1

13

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

4

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

Dangerous Dogs

 

2

Owner?s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

1

3

Unable to be rehomed

0

2

Total Euthanased

1

8

Total Outgoing Animals

1

12

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

0

1

 

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

36

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Engineering Services Report

ITEM 12.1??? SF1810??????????? 260913???????? Progress Report on Biodiversity Fund Project on the Nambucca Coastline

 

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

 

Summary:

 

 

Council was successful in obtaining $455,000, from the Clean Energy Futures Biodiversity Fund, over 6 years to protect our unique coastal ecosystems from invasive plant species throughout 101 hectares of the Council managed coastal reserve system.?

 

The purpose of this report is to inform Council of the progress of the project to date.

 

 

Recommendation:

 

That Council note the information provided in regards to the progress of the Biodiversity Fund Project that is protecting various coastal ecosystems including Ecological Endangered Communities and Threatened Species.

 

 

OPTIONS:

 

There are no options for this report.

 

 

DISCUSSION:

 

Council?s Noxious Weed Officer has been coordinating the Biodiversity Fund Project throughout the Council managed or owned Council reserve system in the Nambucca Heads and Valla Beach areas. Various invasive plant species including the Weeds of National Significance, Bitou Bush, Lantana and Asparagus Species have been controlled in the coastal reserve system.? Other invasive plant species that have been targeted include Broad Leaf Pepper Trees, Glory Lily, Camphor Laurel, Ochna and Easter Senna.

 

Now in its third year the project has provided the opportunity to treat invasive plant species within approximately 40 hectares of reserve. Various methods have been utilised including the engagement of highly skilled abseil weed controllers who have treated mature stands of weeds on cliffs and headlands in the Valla Beach and Nambucca Heads areas. Limited funding in the past has prevented these areas from being managed and as a result these areas were providing the weed seed source for the surrounding areas.

 

The project site contains Ecological Endangered Communities including Themeda grassland on sea cliffs and coastal headlands in the NSW North Coast, Littoral Rainforest and Swamp sclerophyll forest on coastal floodplains of the NSW North Coast. There is also a population of the Threatened Species, Scented Acronychia or Beach Acronychia (Acronychia littoralis) in the Swimming Creek, Nambucca Heads area of the project site. Exotic weed species are the greatest threat to these high value ecological communities and the removal of core infestations of weed species on the coastline, especially sea cliffs and headlands has enhanced the resilience of these areas.

 

 

CONSULTATION:

 

Throughout the life of the Biodiversity Fund project various stakeholders have been consulted including the local volunteer Dunecare Groups, the local Landcare Coordinator and adjoining land managers including representatives from the National Parks and Wildlife Service.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Coastal ecosystems, including Ecological Endangered Communities are being protected and enhanced as a result of this externally funded project.

 

Social

 

The natural assets of the Nambucca are one of the reasons many people chose to reside and visit the Nambucca Valley. Protection and enhancement of these natural ecosystems areas improves the aesthetics of the coastal reserve system for visitors and residents alike.

 

Economic

 

There are no economic implications arising out of this presentation.

 

Risk

 

There are no risks as a consequence of the presentation.?

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resource/staff implications.

 

Attachments:

1View

23102/2013 - Annual Progress Report ? Biodiversity Fund Project - September 2013

0 Pages

??


Ordinary Council Meeting - 26 September 2013

Progress Report on Biodiversity Fund Project on the Nambucca Coastline

 

Annual Progress Report ? Biodiversity Fund Project

 

INVASIVE SPECIES CONTROL ON CLIFFS AND HIGH CONSERVATION AREAS

OF THE COASTAL FRINGE OF THE NAMBUCCA VALLEY

 

 

The Biodiversity fund project is in its third year and great results have been achieved to date. Federal government funding ($455,000 over six years) has provided the opportunity to treat high priority invasive weed species within the Council owned / managed coastal reserve system in the Nambucca Valley.

 

41 hectares of land has been treated to date, which is on track to meet the 101 hectares targeted for the life of the project. Funding constraints in the past have prevented mature stands of weed species on cliffs and headlands from being targeted for treatment, and have provided a seed source for surrounding areas. Biodiversity funding has allowed the engagement of highly skilled abseiling weed professionals to target weed species on coastal cliffs and headlands on the fringe of the Nambucca, that include various areas of high conservation value. To date approximately 6 hectares of land has been treated by abseilers in the Valla and Nambucca areas, with a further 35 hectares of ground works conducted.

 

Six signs have been installed in strategic positions throughout the project work site to raise the public?s awareness of the Biodiversity fund project and the importance of the coastal ecosystems within the Nambucca Valley.

 

The project is targeting various invasive plant species including Weeds of National Significance and other weed species. Species targeted include Lantana, Asparagus, Bitou Bush, Easter Senna, Broad Leaf Pepper Trees, Turkey Rhubarb, Climbing Groundsel, Broad Leaf Paspalum, Molasses Grass, Spiny Burr Grass and Glory Lily.

 

Control methods are chosen depending on the biology and life stage of targeted weeds, topography and situation of the infestations, and surrounding vegetation type to prevent any off-target damage and limit any erosion post control. Natural regeneration of native species within treated areas has already been observed with many desirable species of provenance emerging within treated areas.

 

 

 

 

 

 

 

 

 

 

Report prepared by:????? Tim Woodward

Noxious Weed Inspector

Nambucca Shire Council

 

Date:??????????????????? September 2013

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\July 2013 Report\Biodiversity fund Signs Nambucca.jpg

Biodiversity Funding Signage ? Nambucca Heads 2013

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\July 2013 Report\Biodiversity fund Signs Valla Beach.jpg

Biodiversity Funding Signage ? Valla 2013

Description: C:\Users\timw\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4TCNEKFJ\74574 Boidiversity Fund Signs_Approval Portrait.jpg

Sample of Biodiversity Funding Signage - 2013

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\July 2013 Report\Control july 2013 nambucca.jpg

Biodiversity Fund Control ? Nambucca Heads 2013

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\July 2013 Report\Control july 2013 Valla.jpg

Biodiversity Fund Control ? Valla Beach 2013

 

Photo Monitoring Point ? North Valla

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\Photos 2012\pp6 s.JPG

Photo monitoring point ? North Valla August 2012

Description: N:\ot\noxious\Biodiversity Fund 2012 2016\July 2013 Report\Photo Point 6 Valla Aug 13.JPG

Photo monitoring point ? North Valla August 2013


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Engineering Services Report

ITEM 12.2??? SF844????????????? 260913???????? Nambucca District Water Supply Steering Committee Meeting - 4 September 2013

 

AUTHOR/ENQUIRIES:??? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

Water and Sewerage Steering Committee (WSSC) meetings relating to the Nambucca District Water Supply Bowraville Off-River Storage Project are scheduled to be held monthly at the construction site office

 

The minutes relating to the meeting held on 4 September 2013 are attached for Council?s information and adoption.

 

A position paper was presented in relation to a seeking a relaxation of the extraction licence during the filling period and general agreement was reached that no further action would be taken regarding this matter as there appeared to be no benefit to Council.

 

 

Recommendation:

 

1??????? That Council adopt the minutes of the Water and Sewerage Steering Committee meeting held on 4 September 2013.

 

2??????? That Council take no further action in regard to the proposal to make a submission to the NSW Office of Water requesting a relaxation of the water extraction licence during the initial filling of the off river storage.

 

 

OPTIONS:

 

1??????? Adopt the minutes

 

2??????? Seek further clarification on particular items

 

DISCUSSION:

 

Contracts have been awarded and construction works have commenced on the Bowraville Off River Storage Project.? As this is a very significant project Council has resolved to hold monthly meetings of the WSSC at the site office of the Principal Dam Contractor with a view to keeping regularly informed of the progress, risks, variations and expenditure on the project.

 

A presentation was provided on outstanding risks to the project and likely impacts on the project budget.

 

A position paper was also provided for discussion on whether there was benefit to be gained from pursuing a relaxation of the extraction licence to permit capture of runoff water from the catchment during the filling period.? The paper concluded that it appeared that there was unlikely to be any financial benefit to justify Council making a submission to the Office of Water.?

 

 

CONSULTATION:

 

Acting Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

GHD

Haslin Constructions Pty Ltd

Ledonne Constructions Pty Ltd

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environment impacts of the project are detailed in the Environmental Impact Statement (EIS) that was prepared by GHD.? The contractors are required to prepare and work to Environmental Management Plans that conform to the requirements of the EIS.

 

Social

 

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

 

Economic

 

The project will have a significant economic impact on the community as increases in both the typical residential bill and developer charges will be required to service Council?s financial commitment to the project.

 

The construction works should also provide an economic stimulus to the Shire.

 

Risk

 

This is a major project for the Shire and there are significant risks associated with construction contracts of this size.? An updated project risk register is kept by the Project Managers and the risks are discussed during the meetings.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has committed funding for in the 2013/14 budget sufficient to complete construction works on the Off River Storage Project.

 

Source of funds and any variance to working funds

 

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

 

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program.? $7.4 million of the funding has been claimed and paid to date.

 

Council has also signed a Stage 2 funding deed for the remaining $9 M of a $10 M grant offered by the Federal Government.? $8 M of this Stage 2 funding has been claimed and paid to date with the remaining $1 M to be paid on completion of the works.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and resourcing.

 

Attachments:

1View

22789/2013 - Minutes of Water and Sewerage Steering Committee 4 September 2013

0 Pages

??


Ordinary Council Meeting - 26 September 2013

Nambucca District Water Supply Steering Committee Meeting - 4 September 2013

 





Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Engineering Services Report

ITEM 12.3??? SF1811??????????? 260913???????? GHD Construction Phase Fee Variation - Bowraville Off River Storage Project

 

AUTHOR/ENQUIRIES:??? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

Council accepted a fee proposal from GHD to complete works expected to be required of them during the construction phase of the Bowraville Off River Storage project on 27 September 2012 (Resolution 3590/2012).

 

GHD?s earlier engagement as Council?s design engineer effectively precluded any other option being taken as the role essentially involves evaluation of foundation conditions to confirm conformance to design assumptions, answering Requests For Information (RFI?s) relating to the design and consultation on any proposed or requested design changes that may arise.

 

GHD?s original fee proposal was a time based fee calculated on estimates of the time it would take to complete tasks that were envisaged to be required during the construction period.

 

There is a significant amount of time remaining for completion of the contract and it is apparent that payments to GHD will exceed the current fee proposal.? As a result Public Works instructed GHD to provide details of costs to date that are outside the original predicted scope of work as well as estimated cost to complete the engagement.

 

When Council were advised of the likely fee increase and its initial estimate they expressed some dissatisfaction to Public Works and this was conveyed to GHD.? A meeting was then arranged with the Mayor GM and MWS and representatives from GHD and Public Works to clarify issues relating to the fee increase and the reasons for it.

 

Public Works have prepared a separate report on the fee increase and it has been provided to Council for information as a separate document.

 

The report recommends that ?Nambucca Shire Council be advised that the Upper Limit Fee be adjusted in the amount of $273,343 excluding GST? and this is the recommendation put to Council.

 

 

Recommendation:

 

1??????? That Council approve the proposed variation of $273,343 excluding GST to the Upper Limit Fee for the construction phase monitoring provided by GHD.

 

2??????? That Council note that the total Upper limit Fee will be $917,841 excluding GST as a result of variations for essential works already approved.

 

3??????? That Council approve the additional costs be allocated from the existing contingency provision within the contract.

 

4??????? That Council also note that due to the nature of the works involved GHD may be entitled to payment for further variations due to a requirement for additional works that were unforeseen at the time this revised fee proposal was prepared and assessed.

 

 

OPTIONS:

 

1??????? Council accept the proposal as detailed by GHD and recommended by Public Works.

2??????? Council negotiate a different fee proposal with GHD.

3??????? Council not accept the variation with the resulting major risk to the project due to GHD?s role and responsibilities as the project designer.

 

 

DISCUSSION:

 

As previously mentioned the Mayor, General Manager and Manager Water and Sewerage met with representatives of GHD and Public Works on 22 August 2013 to discuss the proposed increase in the fee offer and the reasons for it in detail.

 

It should be noted that the original fee proposal of $478,925 excluding GST was a time based fee calculated on the basis of the anticipated hours that would be expended on completing the tasks required of GHD during the construction period.? Secondly payments to GHD to date have only been made for actually hours spent on the project on work considered essential to allow GHD to sign off on a design report confirming that any design assumptions made with respect to ground conditions have been verified and that all design changes have been referred to them and where such changes have been made they have certified them as acceptable.

 

The work also includes RFI?s seeking clarification on matters relating the design or construction methodologies.? Where the work is considered to result from an error or omission in the design, payment is not made. This assessment is made by Public Works acting in their capacity as Council?s Project Manager.

 

Public Works have produced the attached report that clarifies the reasons for the higher than expected fees to date as well as the reasons for the increase in fees to complete the work.? The report provides details of what is considered to be an acceptable fee variation that is additional to variations approved to date. The total proposed fee for Council approval will be $917,841 excluding GST.

 

Council should also note that due to the nature of the work there is a possibility of GHD being entitled to additional variations should they be required to complete additional works that were unforeseen at the time that they submitted the revised proposal for assessment by Public Works.? The foundation permeability issue is one such matter that is likely to require additional work.

 

 

CONSULTATION:

 

?????? Public Works

?????? GHD

?????? Mayor

?????? General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The fee variation will have no additional environmental impact.

 

Social

 

The fee variation will have no additional social impact.

 

Economic

 

The fee variation will increase expenditure on the project and will have an economic impact in terms of Council?s budget.? Council?s loan commitments will increase and it may take longer to pay off any debt.

 

 

 

 

Risk

 

GHD?s expertise is required to ensure that foundation conditions are assessed to be in accordance with design assumptions and to also ensure that any design changes required or requested are certified by them.? The Public Works report details the reasons for the fee variation and it would be argued that the additional involvement of GHD?s mitigates Council?s risk during the construction period.? It is a mandatory requirement imposed by the NSW Dam Safety Committee that the designer undertake monitoring during the construction phase.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The fee variation will impact on future budgets however a contingency allowance means that the increased cost can be managed within the total project budget.

 

Source of fund and any variance to working funds

 

At this stage sufficient funds for the Off River Storage have been allocated in the 2013/14 budget.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and staffing arrangements.

 

 

Attachments:

1View

23474/2013 - Report Attachment - BORS Variation Submission for GHD Construction Phase Variation Fee

0 Pages

??


Ordinary Council Meeting - 26 September 2013

GHD Construction Phase Fee Variation - Bowraville Off River Storage Project

 








Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 26 September 2013

Assistant General Manager Engineering Services Report

ITEM 12.4??? SF1676??????????? 260913???????? Capital Works Report - 1 April - 30 June 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 April 2013 to 30 June 2013.

 

 

Recommendation:

 

1??????? That the Capital Works Report for the period 1 April 2013 to 30 June 2013 be received and noted.

 

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

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

The Capital Works report is presented for the period 1 April to 30 June 2013.

 

Comments from Acting Assistant General Manager Engineering Services:

 

The spreadsheet reflects the expenditure for capital works for the June Quarterly Budget Review (QBR).? As of this current review, the capital works program was substantially completed with the main exception being the replacement of Lavertys Bridge and the associated road works for the approaches which were further delayed due to the May Natural Disaster event.

 

This period of reporting has experienced another Natural Disaster event that resulted in landslips on Lower Parkes Street, Shelley Beach Access Road and Upper Buckrabendinni Road. Approval to proceed with Geotechnical investigations is being sought from RMS however initial estimates total in excess of $1M.

 

Comments from Manager Civil Works:

 

The majority of the Capital Works Program for 2012/13 has been completed.

 

As reported to Council at the meeting on 24 April 2013 in the report on Capital Works for the period to 31 March 2013 Lavertys Bridge was a possible revote. Subsequent to this report, construction was further delayed due to the May 2013 Natural Disaster event, however construction did commence in June 2013.

This delay has resulted in a proposed revote of $244,696 for the bridge (Item 9) and $134,870 for Taylors Arm Road (Item 25) being held over for the bridge approaches.

 

The May Natural Disaster event also resulted in a delay in the reconstruction of Bank Street East, Nambucca Heads $40,126 (Item 35); ??? Park Street Bowraville $22,410 (Item 40); and Marsh Street Macksville $2,000 (Item 44) hence requiring revotes for these amounts.

 


Other items requested for revotes are:

 

??????????? Upper Warrell Creek Road Intersection $20,000 (Item 28) as the project is subject to private developer constraints and the need for survey and design.

 

??????????? Depot Shelving and Amenities $ 3,018 (Item 63) as works were completed but invoices not received prior to the end of year process.

 

??????????? Construction of Weekes Bridge was deferred by Council in December 2012 and Millers and Kellys Bridges were substituted in the program (Items 11 and 12). The cost of constructing these bridges was less than the $325,000 allocated to Weekes Bridge.? Therefore a revote of $89,515 is proposed. Recent detailed design of Greens Bridge (in the 2013/14 budget) has indicated a shortfall in the original estimate for this bridge. The proposed revote would offset the shortfall in the 2013/14 budget with no adverse impact on working funds.

 

The total proposed revote is $556,635.

 

The total Capital Works Budget 2012/13 was $6,322,932.

 

In addition to the proposed revotes there were a number of variations to individual line items.? The total variation is a saving of $123,818.? The majority of these variations are minor (less than $5,000) however the major items are:

 

??????????? Eungai Bridge (Item 8), saving $90,842 which was the result of a Council resolution 3719/12 on 12 December 2012 reducing the bridge from two to one lane.

 

??????????? Valla Road Rehabilitation (Item 27) cost $9,939.

 

??????????? Talara Crescent Rehabilitation (Item 33) saving $8,579.

 

??????????? Ridge Street Rehabilitation (Item 36) cost $ $15,035.

 

??????????? Newry Street Rehabilitation (Item 38) saving $18,850.

 

??????????? The variations for rehabilitation works are generally due to the estimates being based on average measurements whereas accounts are based on actual work carried out.

 

??????????? Reseals (Item 49) cost $5, 487.? Road widths vary considerably and actual quantities are charged.

 

??????????? Urban Streets Heavy Patching (Item 51) cost $14,683.? Variations approved due to site conditions.

 

??????????? Showground Loop Road (Item 54) saving $22,207.? Balance of funds revoted from the previous year. Works completed for less than the original estimate.

 

??????????? Landslips (Items 60, 61 & 62) cost $13,119.? The contract encompassed three sites with different variations to each site resulting from individual site conditions.

 

??????????? Footpath Construction (Item 19) saving $19,356.? Resources were diverted to Natural Disaster works late in the financial year.

 

??????????? Buz Brazel Park Improvement (Item 57) saving $17,200. Funds revoted from the previous year but no projects requested by the ground committee.


 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER

VARIATION

9

Bridge Construction

Laverty?s Bridge

$ 244,696

 

25

Rural Road Rehabilitation

Taylors Arm Road ? Approaches to Laverty?s Bridge

$ 134,870

 

35

Urban Road Rehabilitation

Bank Street East, Nambucca Heads

$ 40,126

 

40

Urban Road Rehabilitation

Park Street, Bowraville

$22,410

 

44

Urban Road Rehabilitation

Marsh Street, Macksville

$2,000

 

28

Rural Road Rehabilitation

Upper Warrell Creek Road

$20,000

 

63

Miscellaneous

Depot Shelving and Amenities

$3,018

 

11/12

Bridges

Reallocation from Weekes Bridge

$89,515

 

8

Bridges

Eungai Creek Bridge

 

- $90,842

27

Rural Road Rehabilitation

Valla Road

 

$9,939

33

Urban Road Rehabilitation

Talara Crescent

 

- $8,579

36

Urban Road Rehabilitation

Ridge Street

 

$15,035

38

Urban Road Rehabilitation

Newry Street

 

- $18,850

49

Reseals

Various Locations

 

$5,487

51

Urban Streets Heavy Patching

Various Locations

 

$14,683

54

Reserves

Showground Loop Road

 

- $22,207

60, 61, 62

Landslips

3 Sites on Riverside Drive

 

$13,119

19

Footpaths

Various Locations

 

- $19,356

57

Reserves

Buz Brazel Park Improvement

 

-$17,200

 

Comments from Manager Assets:

 

Plant purchases for the financial year are complete.? Plant purchases across all three funds as summarised in the table below:

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER

 

VARIATION

94 - 114

General Fund plant purchases

Carryover amount is to cover cost of Relocatable Traffic Barriers which were not delivered til late in the year. Payment was made in 2013/14 FY.

 

Variance is due to compressor being obtained below budget estimate and minor plant purchases being expensed.

 

$ 27,760

- $32,223

115 - 119

Water Fund plant purchases

 

Cost of new truck and fit-out higher than initial budget estimate.

$ NIL

 

$12,556

 

120 - 126

Sewer Fund plant purchases

Purchase of one ride on mower deferred following review of mower's condition.

 

$ NIL

- $3,373

 

Comments from Manager Water and Sewerage:

 

Operation and Maintenance

 

There have been a number of cost variations 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 treatment works operation and maintenance overruns are associated with mechanical breakdowns at both the Macksville and Bowraville works.? A gear box failure on the decant weir at Macksville required an expensive replacement part to be imported as well a pump hire for a number of weeks and extra man hours to manually operate the plant.? An unplanned replacement of components of the effluent reuse system was required at Bowraville as a result of an increasing number of pump system failures.

 

Discrepancies in the budgeted energy costs can be attributed to underestimates as well as anomalies in the billing system.

 

For the most part 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)

Significant rework required as a result of a severe storm event coupled with an earlier optimistic budget reduction

 

$ NIL

$34,687

2

Water Supply Pumping Plant (WO1655)

 

Unplanned pump motor replacement.

 

$ NIL

$4,610

 

3

Off River Storage Land Matters (WO1810)

Carryover of work to be completed by State Property Authority

$32,050

 

4

Off River Storage Project (WO2012)

Works on the dam component of the project are taking longer than expected and the contractor claims have been less than budgeted.

 

$ 6,571,212

 

$ NIL

5

Water Tank Removal Waterford Way (WO2145)

 

Revised Scope of Works ? work delayed

$50,000

$ NIL

 


 

6

Seal Bore Casings (WO2149)

Works delayed so as not to impact on contract works

 

$44,950

$ NIL

7

Pump Replacement (WO1676)

Pumps for Macksville PS4 ordered and supplied but not installed

 

$9,655

$ NIL

8

Sewer Mains Replacement / Rehabilitation (WO1945)

 

Contractor engaged to reline access chambers delayed due to problems with supply of material from USA

$10,111

 

$ NIL

9

Bowraville STP Constructed Wetland (WO1984)

 

Detailed design delayed waiting Section 60 Approval from Office of Water

$71,970

 

$ NIL

 

ITEM 1 ? The installation of a new water main in Lower Lee Street was severely damaged by stormwater which washed out all pipe bedding and backfill from the trench.? Works had to be reinstated at significant cost.

 

ITEM 2 ? Failure of a 200 kW motor on one of the high lift pumps necessitated an unplanned replacement.

 

ITEM 3 ? Carry over on work order issued for Works to be completed by State Property Authority. Their assistance is likely to be required in the final negotiation of easements and land acquisitions from property owners affected by the work so the order remains open.

 

ITEM 4 ? Works on Package A of the project have been slower than expected due to site conditions and wet weather earlier in the year. This has resulted in payment claims to the contractor being less than budgeted.? This has actually been of benefit to Council as Federal and State Government funds have been used to meet commitments and Council has not had to use borrowed funds.

 

ITEM 5 ? The proposal to remove the tanks has been revisited and the scope of the work has been revised.? Only the buried set of tanks will be removed as they provide a safety risk. The concrete tank will remain as is.? Tanks will be taken off line as part of normal operation and the reticulation serving this area will be connected direct to the Scotts Head main. A pressure reduction valve will be used to control pressure in the area.

 

ITEM 6 ? A decision was made to postpone this work until Package B works on the Off River Storage contract were completed. This was to avoid any potential risk of Council?s works causing a delay to the contract.

 

ITEM 7 ? The pumps scheduled to be replaced were ordered and received.? However work crews have not had the time to complete the installation at Macksville Pump Station 4 due to other operational and maintenance commitments.

 

ITEM 8 ? A number of access chambers on the gravity feed line to the Nambucca Sewage Treatment Plant were badly corroded due to hydrogen sulphide gas attack.? Five of the access chambers were reconstructed. In order mitigate the risk of the same type of failure a contractor was engaged to line the chambers with a protective coating, however there was an issue with supply of materials from the USA that delayed completion of this work

 

ITEM 9 ? A concept design for the proposed constructed wetland has been completed and issued to the Office of Water for Section 60 approval.? The design and approval has taken a lot longer than expected and detailed design will not proceed until Section 60 approval is received.

 


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 carryover 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

23128/2013 - Capital Works Report - Civil Works for Council 26 Sept 2013

0 Pages

2View

23145/2013 - Capital Works Report - Other for Council 26 Sept 2013

0 Pages

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Ordinary Council Meeting - 26 September 2013

Capital Works Report - 1 April - 30 June 2013

 





Ordinary Council Meeting - 26 September 2013

Capital Works Report - 1 April - 30 June 2013

 


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