NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

31 October 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 - 31 October 2013 – TAYLORS ARM HALL

 

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        NOTICES OF MOTION

4.1     Notice of Motion - Exploration Activities of any sort in the Nambucca Valley. 6  

5        PUBLIC FORUM

6        ASKING OF QUESTIONS WITH NOTICE   

7        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8        General Manager Report

8.1     Confirmation of Minutes of Council's Ordinary Meeting - 16 October 2013.... 8

8.2     Outstanding Actions and Reports.............................................................. 20

8.3     Comparative Information on NSW Local Government 2011-2012................ 26

8.4     Valla Quarry - Compliance with Conditions of Development Consent.......... 33

8.5     Proposed War Memorial - River Street, Macksville.................................... 39

8.6     Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013......................................... 42

8.7     Boulton's Crossing (Gumma Reserve)....................................................... 99

8.8     Private Swimming Pools - Inspection Regime.......................................... 116

8.9     Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 October 2013 to 18 October 2013............ 119

8.10   Applications and Statistical Reports 2012-2013 - September 2013............ 122

8.11   Application For Special Rate Variation 2014 - 2015................................... 124

9        Assistant General Manager Corporate Services Report

9.1     Schedule of Council Public Meetings....................................................... 128

10      Assistant General Manager Engineering Services Report

10.1   New Draft Policy - Road Signage on Public Land..................................... 129

10.2   Review of uptake of Rainwater Tank Rebate............................................ 189

10.3   Nambucca District Water Supply Steering Committee Meeting - 2 October 2013....................................................................................................... 191

10.4   Energy Consumption and Greenhouse Gas Production for the period 1 July 2006 to the 30 June 2013........................................................................ 197

10.5   Award for Excellence in Recycling in Stabilsed Pavements in Local Government 2013................................................................................... 201

10.6   Waste Management Quarterly Report July - September 2013................... 203

10.7   Landslips - Riverside drive Nambucca Heads.......................................... 254    


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

11.1   Skate Park - Deed of Settlement

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

  

            a     Questions raised by Councillors at 7 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

    TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

12      MEETING CLOSED TO THE PUBLIC

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

 

Starts 2.30 pm

 

TIME

 

DESCRIPTION

 

WHERE

 

OFFICER

2.30 pm

Special Rate Variation – presentation to Council

CC

Peter Wilson

3.30 pm

Boultons Crossing (Gumma Reserve)

Onsite

Paul Guy

4.30 pm

Leave for Council Chambers for meeting at Taylors Arm Hall

 

 

 

 

 

 

 

 

 

 

 


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                                                                                      31 October 2013

Notice of Motion

ITEM 4.1     SF1104            311013        Notice of Motion - Exploration Activities of any sort in the Nambucca Valley.

 

AUTHOR/ENQUIRIES:   Paula Flack, Councillor         

 

Summary:

 

In late 2012 Precious Metal Resources (PMR) a Chinese backed company, was issued a two year Exploration Licence (EL 8016) by the NSW Department of Trade and Investment.  The licence allows PMR to investigate the economic potential for antimony and gold across 330 square km of the upper catchment of the Nambucca River in parts of Taylors Arm, South Arm, McHughs Creek, North Arm and Upper Buckra Bendinni.  As far as can be established no exploration activities under EL 8016 have commenced in valley yet. 

 

PMRs licence conditions require it to prepare a Community and Landholder Liaison Program which includes notifying Nambucca Shire Council, prior to commencement of any exploration activity.

 

It appears that PMR has failed to abide by the same licence conditions which apply to its exploration licences EL 4474, EL 5339 and EL 7679, located at Halls Peak, 80 km south-east of Armidale.  Explorations activities are well underway and have been for some months, yet neither Armidale Dumaresq Council nor Kempsey Shire Council have been formally notified prior to commencement.

 

The General Manager has confirmed that Council has not received any communication from PMR.

 

 

 

Recommendation:

 

That Council write to Precious Metals Resources CEO, Mr Michael Leu, advising him of Council’s expectation that Condition Clause 34 of EL 8016 will be adhered to and asking when PMR intends to commence exploration activities of any sort in the Nambucca Valley.

 

 

 

DISCUSSION:

 

Extract from page 14 of Exploration Licence Conditions 2010 for Exploration Licence Application No. 4581 (Act 1992) [EL8016] November 2010:

 

34.       Community and Landholder Liaison Program

(a)        Prior to the commencement of any prospecting operations, the exploration licence holder must establish a Community and Landholder Liaison Program that can effectively address inquiries from landholders and community members within the area of the exploration licence.

 

(b)        As part of this program, the exploration licence holder must contact all Local Councils within the area covered by the exploration licence and inform them of:

i. the existence and extent of the exploration licence;

ii. a contact person and phone number for inquiries, which has an after hours voice mail system;

iii. the information material available on the Departmental website regarding landholders' rights; and,

iv. any other relevant material regarding the exploration licence, such as the exploration licence holder's websites or information brochures or newsletters.

 

(c)        The exploration licence holder must effectively communicate to landholders and community members within the area of the exploration licence, whether by newspaper advertisement or other means, information regarding:

 

(i)      the existence and extent of the exploration licence;

(ii)     a contact person and phone number for inquiries which has an after hours voice mail system;

(iii)         the information available on the Departmental website regarding landholders' rights; and make available paper copies of the landholders’ rights brochure produced by the Department;

(iv)         any other relevant material regarding the exploration licence such as the exploration licence holder's website address, information brochures or newsletters.

 

(d)     Monitor community inquiries regarding the exploration licence and if appropriate, adjust the Community and Landholder Liaison Program to ensure the inquiries are being adequately addressed.

 

CONSULTATION:

 

Michael Coulter, General Manager NSC

David Rawlings, General Manager Kempsey Shire Council

Glen Schaefer, Lock the Mid North coast

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.1     SF1816            311013        Confirmation of Minutes of Council's Ordinary Meeting - 16 October 2013

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

Council’s last Ordinary meeting was held on Wednesday 16 October 2013 in the Council Chambers.  A copy of the minutes is attached.

 

 

Recommendation:

 

That the minutes of the Ordinary Council Meeting of 16 October 2013 be confirmed.

 

 

 

 

Attachments:

1

25768/2013 - Minutes - Council - 16 October 2013

 

  


Ordinary Council Meeting - 31 October 2013

Confirmation of Minutes of Council's Ordinary Meeting - 16 October 2013

 

The following document is the minutes of the Council meeting held on 16 October 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 31 October 2013 and therefore subject to change.  Please refer to the minutes of 31 October 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Elaine South

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Anne Smyth

 

 

 

APOLOGIES

 

Cr Bob Morrison ~ on approved leave.

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 5.2 – Notice of Motion – Valla Quarry Compliance with Consent Conditions under the Local Government Act as Cr Hoban was involved in negotiating the consent conditions on this development in the Land and Environment Court prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.11 Boulton’s Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is a Board member of the South Beach National Park.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 September 2013

 

1/13 RESOLVED: (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 September 2013 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1     SF1817              161013     Notice of Motion - Change to XPT Train Service Timetable (SF92)

2/13 RESOLVED: (Hoban/Flack)

 

That Council write to Transport NSW and the Hon Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41 pm Sydney to Brisbane XPT train.

 

 

 

Mayor Hoban declared a significant conflict of interest and left the meeting for the item at time 8.35 am and returned after the conclusion of the item at 9.20 am.

 

NOTICE OF MOTION - CR MacDonald

 

ITEM 5.2     SF1817              161013     Notice of Motion - Valla Quarry Compliance with Consent Conditions (SF1431)

Motion:    (Finlayson/South)

 

1        That Council stops purchasing product from Valla Quarry until the development application seeking modification has been determined or until the date of commencement of the consent of the “New Accounting Year” has been agreed to.

 

2        That the proprietors of the Quarry be issued with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of quantities extracted.

 

Amendment:      (MacDonald/South)

 

That the matter be deferred until Council receives advice as to what the accounting year is and has been agreed to by stakeholders.

 

For the motion:               Councillors MacDonald and South                         (Total 2)

Against the motion:         Councillors Flack, Smyth, Finlayson, Ainsworth    (Total 4)

 

The amendment was LOST.

 

Further Amendment:       (Flack/Smyth)

 

1        That Council stops purchasing product from Valla Quarry until the accounting year has been determined and Councillors receive advice as to how Council will manage compliance on a on-going basis and this be reported to the next Council meeting.

 

2        That the proprietors of the Quarry be issues with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of the quantities extracted.

 

For the motion:               Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South         (Total 6)

Against the motion:         Nil

 

The amendment was carried and it became the motion and it was:

 

3/13 Resolved: (Flack/Smyth)

 

1        That Council stops purchasing product from Valla Quarry until the accounting year has been determined and Councillors receive advice as to how Council will manage compliance on a on-going basis and this be reported to the next Council meeting.

 

2        That the proprietors of the Quarry be issues with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of the quantities extracted.

 

For the motion:               Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South         (Total 6)

Against the motion:         Nil

 

4/13 Resolved: (MacDonald/South)

 

That Council receive a report on the cost to Council of buying gravel from another quarry and not using Valla Quarry over the coming 12 months.

 

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.3     SF1817              161013     Notice of Motion - Request for Leave 31 October 2013 to 15 November 2013 - Cr Brian Finlayson (SF1226)

5/13 RESOLVED: (Finlayson/MacDonald)

 

That Cr Brian Finlayson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 31 October 2013 to 15 November 2013 inclusive.

 

 

 

DELEGATIONS

 

Council left the Chambers for an onsite inspection at 9.20 am.

 

RECOMMENDATION:

 

That the following delegations be heard:

 

ITEM 9.7     DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 

i)          Mr Robert Fletcher - objector

ii)          Mrs Lyn Fletcher - objector

iii)        Mr Ron Hawkins – applicant

iv)        Mr Martin Clark - owner

 

i) Mr Robert Fletcher addressed Council making the following points:

·  Not against the development as such

·  Against orientation of house 1

·  We will have no view left of the beach at all

·  There are rules on the eastern side of Matthew Street restricting height to 6.5m.  Upset that this rule does not apply to this site as the situation is the same

·  Only 2 options are listed in the report – approve or not approve.  The design should be changed.

·  Don’t expect to retain all views but expect to retain some

·  No attempt at view sharing

·  Loss of view is devastating

·  Object to description of view as passive

·  Don’t have deck on south side because of weather

·  Concerned about demolition and potential for asbestos

·  Concerned about process

·  Councillors did not receive first objection from May – the objection was hand delivered.

 

The Mayor explained that Councillors would not normally respond to objections because they cannot prejudge.

 

ii) Mrs Lyn Fletcher addressed Council making the following points:

·  Doesn’t comply with DCP

·  Doesn’t allow for view sharing

·  Doesn’t  comply with objectives to optimise view sharing

·  Concerned about loss of property values

·  Not convinced the setbacks are correct

·  Should be a setback of 3 metres from a public reserve – quoted from NSW Housing Code for Complying Development

·  Queried additional stormwater

·  Queried adequacy of off street parking, particularly during holiday periods

·  Quoted SEPP 71 – Council must refuse development applications which result in effluent or stormwater discharging directly onto the Reserve

·  Concerned about setbacks to the Reserve.

 

The Mayor advised of outcome of previous appeal in Matthew Street.

 

i) Mr Martin Clark addressed Council making the following points:

·  The application has not been rushed

·  Been coming to site for 40 years

·  Have not gone to maximum height

·  Have considered concerns of neighbours

 

ii) Mr Ron Hawkins addressed Council making the following points:

·  Commenced discussions with Ben Oliver in 2010

·  Dual occupancy proposed because it will fund development

·  Impossible to switch access to other side of block

·  Also concerned about views of neighbour above in Waratah Street.

 

Council returned to the Chambers at 11.04 am.

 

ITEM 9.7     DA2013/057       161013     DA2013/57 - Demolition of existing building - dual occupancy - subdivision

6/13 RESOLVED: (Ainsworth/South)

 

That this matter be deferred to a later time in the meeting.

 

7/13 Resolved: (Ainsworth/Smyth)

 

That Development Consent be granted for the proposal subject to conditions as per Attachment 1 (TRIM No. 25007/2013).

 

For the motion:               Councillors Flack, Smyth, Hoban, South, MacDonald, Ainsworth                 (Total 6)

Against the motion:         Councillor Finlayson                                                                         (Total 1)

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1     SF959                161013     Outstanding Actions and Reports

8/13 RESOLVED: (MacDonald/Smyth)

 

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

 

 

General Manager Report – LATE

 

ITEM 9.2     SF355                161013     Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2013

9/13 RESOLVED: (Ainsworth/South)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2013, be tabled.

 

 

ITEM 9.2.5  DA2012/011       161013     Status of DA2012/011 - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

Motion:    (Flack/Smyth)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing and that Council not support the Link Road.

 

Amendment:      (Ainsworth/Finlayson)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.

 

The amendment was carried and it became the motion and it was:

 

10/13 Resolved:         (Ainsworth/Finlayson)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald, and

                                      South                             (Total 7)

Against the motion:         Nil

 

11/13 Resolved:         (Ainsworth/Finlayson)

 

That Council make a submission to the JRPP whereby if the Link Road is required by the development that all costs concerning the Road be paid for by the developer.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald, and

                                      South                             (Total 7)

Against the motion:         Nil

 

NOTE:        Cr Flack request it be noted that even though she supported the motion she opposes the construction of the Link Road.

 

 

 

ITEM 9.3     SF15                  161013     Completion of Macksville Saleyards Upgrade

12/13 RESOLVED:         (South/MacDonald)

 

1        Council note the finalisation of the upgrade of the Macksville Saleyards to a state where it is “fit for purpose” at a cost of $120,000 compared to the initial estimates of $800,000.

 

2        That the Nambucca River District Agricultural Association and Council’s Manager Business    Development be formally thanked for their work in implementing the upgrade of the          Macksville Saleyards.

 

 

 

ITEM 9.4     SF271                161013     Council Meeting Arrangements

13/13 RESOLVED:         (Finlayson/Ainsworth)

 

That Council advertise a proposed change to its Code of Meeting Practice to provide for two Council meetings per month being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting.

 

 

 

ITEM 9.5     SF1232              161013     Adoption of On Site Sewage Management Plan 2013

14/13 RESOLVED:         (Flack/Smyth)

 

That the draft revised On Site Sewage Management Plan 2013 be adopted

 

 

 

ITEM 9.6     SF1822              161013     Minutes of the Access Committee meeting held 24 September 2013

15/13 RESOLVED:         (Ainsworth/Smyth)

 

1          That the matters raised by Nambucca River Combined Probus be referred to the Traffic Committee for consideration. 

 

2          That any monitoring of traffic and pedestrian movements in Riverside Drive at the pedestrian refuge near Riverside Gardens take into account the variable volumes of people and vehicles according to peak and off-peak seasons.

 

3          That the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 September 2013 be endorsed.

 

 

 

Item 9.7 was dealt with under Delegations

 

 

 

ITEM 9.8     SF1823              161013     Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 September to 4 October 2013

16/13 RESOLVED:         (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.9     SF1148              161013     Contract Regulatory Officer's Report September 2013

17/13 RESOLVED:         (Flack/MacDonald)

 

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

 

 

 

ITEM 9.10   DA2012/109       161013     DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

Motion:    (Ainsworth/MacDonald)

 

1        That Council note the Terms offered by Ryeline Pty Ltd relating to the Voluntary Planning Agreement for a contribution towards the construction of the intersection to Upper Warrell creek Rd in conjunction with DA’s 2006/056, 2006/092 & 2008/242.

 

2        That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Ryeline Pty Ltd and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for the construction of the Upper Warrell Creek Intersection all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3        That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by Ryeline Pty Ltd, including the affixing of Council’s Seal and subsequent registration.

 

Amendment:      (Finlayson/Flack)

 

That the matter be deferred to later in the Council meeting.

 

The amendment was carried and it became the motion and it was:

 

18/13 Resolved:         (Finlayson/Flack)

 

That the matter be deferred to later in the Council meeting.

 

19/13 Resolved:         (Ainsworth/Finlayson)

 

1        That Council note the Terms offered by Ryeline Pty Ltd relating to the Voluntary Planning Agreement for a contribution towards the construction of the intersection to Upper Warrell creek Rd in conjunction with DA’s 2006/056, 2006/092 & 2008/242.

 

2        That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Ryeline Pty Ltd and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for the construction of the Upper Warrell Creek Intersection all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3        That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by Ryeline Pty Ltd, including the affixing of Council’s Seal and subsequent registration.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald and

                                      South                    (Total 7)

Against the motion:         Nil

 

 

 

Councillors Ainsworth and Finlayson declared a significant conflict and left the meeting for this Item at 12.09 pm and returned after the conclusion of this item at 12.10 pm.

 

ITEM 9.11   SF1823              161013     Boulton's Crossing (Gumma Reserve)

20/13 RESOLVED          (Flack/South)

 

The matter be deferred for a site inspection.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1   SF1875              161013     Investment Report To 30 September 2013

21/13 RESOLVED:         (MacDonald/Finlayson)

 

That the Accountants’ Report on Investments placed to 30 September 2013 be noted.

 

 

 

ITEM 10.2   SF395                161013     Loans Program 2013/2014

22/13 RESOLVED:         (MacDonald/Finlayson)

 

That Council consider the offers from the seven financial institutions as a late item in closed.

 

 

 

ITEM 10.3   SF251                161013     Schedule of Council Public Meetings

23/13 RESOLVED:         (Flack/South)

 

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

 

 

 

ITEM 10.4   SF345                161013     Welsh Pioneer Park Committee of Management - Annual General Meeting - 28 August 2013 - Minutes

24/13 RESOLVED:         (Flack/Finlayson)

 

That Council endorse the minutes of the Committee of Management for the Welsh Pioneer Park’s Annual General Meeting which was held on Wednesday 28 August 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

25/13 RESOLVED:         (Finlayson/Ainsworth)

 

1        That Council accept Holcim (Australia) Pty Ltd T/As Humes as the single source supplier of SRC (Steel Reinforced Concrete) Pipes and Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

2        That Council accept James Hardie Australia Pty Ltd as the single source supplier of FRC (Fibre Reinforced Concrete) Pipes & Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

 

 

ITEM 11.2   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

26/13 RESOLVED:         (Flack/Finlayson)

 

1        That Council award tender T006/2013 to Surf Life Saving Services Pty Ltd trading as Australian Lifeguard Services for the provision of surf lifesaving services on the Nambucca Valley Beaches for a 5 year period commencing 1 December 2013 and terminating on 31 January 2018.

 

2        That Council approve a variation of $1100 to the 2013/2014 budget funded through either the Section 94 Surf Life Saving Plan or from general funds and the variation be reported at the September budget review.

 

3        That Council not proceed with Schedule 2 (Provisional) within the tender for additional services for extended hours and across the Easter holiday periods due to budget constraints.

 

 

ITEM 11.3   SF90                  161013     Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

27/13 RESOLVED:         (Ainsworth/Finlayson)

 

That Council:

 

1        Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 8 October 2013.

 

2        Notify the Nambucca Heads and Valla Chamber of Commerce the existing disabled parking bay in Kent Street Nambucca Heads is considered suitable to cater for passengers of disabled vehicles with lifts and rear access and further, advise the loading zone in Bowra Street can also be utilised by taxis for this purpose.

 

3        Install KEEP CLEAR road markings on Boundary Street Macksville outside the entry to Mid Coast Motor Inn to maintain clear access for cars and buses and to reduce the potential for queuing and blockage across the intersection with the Pacific Highway.

 

4        (a)     install three sets of speed humps and warning signage along Valla Beach Road from Thomson Street to the Car Park at South Valla Beach at an approximate cost of $4,000.

 

                   (b)     install two sets of speed humps along Newry Street (South) at an approximate cost of $2,200 after consultation with neighbouring properties.

 

         (c)     the installation cost of the speed bumps in (a) and (b) be funded from within the traffic facilities block grant.

 

         (d)     Monitor complaints concerning speeds within Sandpiper Drive and report to the Police, noting that sufficient traffic management is already in place.

 

5        Approve the temporary road closure of Princess Street, Macksville from McKay Street to River Street, Wallace Lane and River Street from Princess Street to the Salvation Army Store from 8.00am on 30 November 2013 to 3.00pm on 1 December 2013 for the purpose of the Nambucca River Festival.

 

6        Approve the temporary road closure of Matilda Street (Station Street to McKay Street), Wallace Street (Station Street to Cooper Street), and Cooper Street (Wallace to Boundary Street), Macksville between 4.30pm and 5.30pm on Saturday 9 November 2013 for the purpose of a procession to Macksville Park for the Macksville Gift.

 

7        Write to Ganly’s Gardeners reiterating that the previous Council resolution of 2 April 2013 that replanting with a low growing species should proceed as soon as possible.

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/Finlayson)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              161013     Loans Program 2013/2014

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 12.25 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:         (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 12.44pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

28/13 RESOLVED:         (Flack/Smyth)

 

That Council note the acceptance of the tender and note the information provided in the Closed Report.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

29/13 RESOLVED:         (Ainsworth/Finlayson)

 

That Council note the acceptance of the tender and note the information provided in the Closed Report.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              161013     Loans Program 2013/2014

30/13 RESOLVED:         (Ainsworth/MacDonald)

 

1          That Council accept the National Australia Bank Limited loan offer of $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements and delegate authority to the GM to finalise the contract and effect the drawdown of funds.

 

2          That Council authorize the Mayor and the General Manager to execute Loan Agreement for $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements.

 

3          That in the event the National Australia Bank Limited requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 12.44 pm. 

 

Confirmed and signed by the Mayor on 31 October 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)


Ordinary Council Meeting                                                                                      31 October 2013

General Manager

ITEM 8.2     SF959              311013        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.

 

AGMCS

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.

 

Staff met with ARTC last week to investigate access along the rail corridor.  No alternative identified. Council can only access its roads and bridges with plant less than 9 tonnes.

 

 

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 2 September 2013.

 

 


 

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 24/10/2013.

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.

 

AGMCS

Report in September 2013.

 

Deferred to November 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.  Manager Business Development has spoken with the property owner who acknowledges that a shed and large awning were constructed on the road reservation without any planning or building approval.  As there has been no work undertaken on the road, the road is owned by the Crown, not Council.  The matter has been referred to the Crown for their action.  Depending upon the action, if any, taken by the Crown, Council can issue development approval for the existing structures.

 

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, copy provided to Councillors for information.

Will be reported in October 2013 following RFS

Liaison meeting - 10 October 2013.

 

Liaison Meeting deferred due to NSW fires (a new meeting date has not been set as yet)

Meeting between Zone Manger and Councils Manager Assets held Tuesday 22 October 2013

Office area required by RFS determined and remaining area will be utilised as part of the EOC (only the immediate office area at entry and rear office now required)

 

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.

At the request of Cr Morrison this item has been deferred to the first meeting in November 2013.

16

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

 

17

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

Meeting between Zone Manger and Council’s Manager Assets held Tuesday 22 October 2013

Office area required by RFS determined .and remaining area will be utilised as part of the EOC (only the immediate office area at entry and rear office now required)

 

Status Quo shall remain for training with no changes or reduction in training opportunities proposed for  brigade  training

SEPTEMBER 2013

18

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

Deferred to November 2013 

19

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 includes & excludes 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.

 

Council briefing scheduled for 31 October 2013

 

20

SF1755

11/09/2013

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

 

GM

Report February 2014

21

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

 

There has been work on a standard report. Will occur in either October or November.

22

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 investigation for other properties is required.

 

 

23

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

Workshop scheduled for 31 October 2013.

24

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.

 

Rescission motion lost.

 

Inspection to be arranged in November 2013.

25

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.

26

 

26/09/2013

A report be brought back to Council on a MoU and how Council can assist the Macksville RSL Sub Branch (re memorial in River Street)

 

GM

Report in October 2013

27

SF1817

26/09/2013

Council write to the NSW Small Business Commissioner and ask her if Council can be included in the forthcoming Pilot Program to encourage Councils to support small business.

 

GM

The Manager Business Development has contacted the department small business and registered to be involved in this program.  He has also registered Council as a member of the NSW business Chamber so as to be eligible to participate in this program.

28

SF1817

26/09/2013

Council receive a report on the possibility of conducting a public auction to dispose of surplus material and small equipment from Council’s works depot.

 

AGMES

Report to November 2013 meeting.

29

SF844

26/09/2013

Council seek a more detailed report on the cost/benefit of the relaxation of the water extraction licence during the initial filling of the dam.

 

AGMES

GM has spoken to MWS.  A letter is being sent to the Commissioner for Water requesting the relaxation of flow rules for 12 months to assist with the initial filling of the dam.

OCTOBER 2013

30

SF1817

16/10/2013

Council write to Transport NSW and the Hon. Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41pm Sydney to Brisbane XPT.

 

GM

Letters sent 18 October 2013

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.3     SF42                311013        Comparative Information on NSW Local Government 2011-2012

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

The Division of Local Government has released their annual report on comparative information for NSW councils in a different format.  Part 1 provides an overview of the performance of the NSW local government sector whilst Part 2 provides “stand alone, individual snapshots” of each of the 152 LGA’s in NSW.

 

The report provides comparisons of the performance of Nambucca Shire Council with its benchmark Group 11 Large Rural Councils and also with other Councils on the Mid North Coast.

 

 

Recommendation:

 

That the comparative information on NSW Local Government in 2011- 2012 be received.

 

 

OPTIONS:

 

There are no real options.  The report is for information.

 

 

DISCUSSION:

 

The comparative information on NSW local government for 2011/2012 has been released in a new format.  The publication consists of two parts being Part 1 which presents an overview of the performance of the local government sector as a whole, with Part 2 presenting “stand alone, individual snapshots” of each of the 152 general purpose councils.  The full report can be viewed by selecting “Comparative Information” on the Division of Local Government’s (DLG) website which is www.dlg.nsw.gov.au

 

The new reporting format is an attempt to move away from statistics on statutory compliance towards the overall effectiveness and sustainability of councils.  The DLG is seeking to provide better information to the community to measure important aspects of a council’s performance including:

 

·             Financial performance

·             Core governance performance

·             Asset management performance

·             Service delivery performance

 

Part 1 of the report notes that since 2001, a number of amalgamations have occurred, reducing the number of general purpose councils from 172 to 152.  This has resulted in a 13% reduction in the total number of councillors in NSW.  Despite this, employment in the sector (as measured by full time equivalents) has increased by nearly 10% over the period.  That rate of growth is reflective of the growth in the NSW population.

 

Part 1 of the report also considers the report by TCorp on the Financial Sustainability of the NSW Local Government Sector.  It notes that around 75% of NSW councils achieved a rating of Moderate or better.  This council was one of 22% which were rated as Weak with 3% rated as very weak.

 

The key findings from the TCorp review include:

 

·             The majority of councils are reporting operating deficits, with only one-third of councils recording a surplus in 2011/12

·             Over the period 2008/09 to 2011/12, the cumulative operating deficits for all councils totalled approximately $1 billion

·             Councils’ deteriorating financial performance has been occurring for some time and this has led to a gradual weakening of the local government sector

·             If not corrected, this will lead to further deteriorating financial strength and ultimately a lower quality of assets and hence services that can be delivered by the sector

·             To address the expected continued deterioration, councils will require extensive consultation processes with the community to consider a combination of revenue increases, expenditure reductions and service level reviews.

 

Across the State TCorp found that:

 

·             Regional town/city councils have the largest infrastructure backlogs in total dollar terms, with an average backlog of $83.3 million.

·             While rural councils have the lowest backlog in total dollar terms, on a per capita basis their average backlog of $4,511 per capita is almost double the State average

·             Metropolitan councils have considerable lower infrastructure backlogs ($592 per capita), primarily due to their large populations and smaller road networks

·             In terms of annual maintenance, regional town/city councils are spending only 65% of what they believe is required, compared with the State average of 74%.

 

Across all of NSW the “gap” between total operating revenue and total operating expenditure translated into an operating deficit (before capital) for the sector of $295.9 million in 2011/12.  The total cumulative operating deficit for the four years from 2008/09 to 2011/12 was $1.283 billion.

 

There were only 52 councils out of 152 which reported an operating surplus in 2011/12.

 

The significant TCorp financial benchmarks against which all Councils have been measured are shown in the attachment.  Nambucca Shire Council has been classified as a Group 11 Large Rural Council with the other Councils in its group being Bellingen, Cabonne, Cooma-Monaro, Corowa, Cowra, Greater Hume, Gunnedah, Inverell, Leeton, Moree Plains, Muswellbrook, Narrabri, Palerang, Parkes, Tumut, Upper Hunter, Warrumbungle, Yass Valley and Young.

 

The significant points of difference between this Council and its group are:

 

·             Higher average residential rates (+$103)

·             Lower average business rates (-$238)

·             Lower average farmland rates (-$804)

·             Lower average residential water and sewer bill (-$238)

·             Higher domestic waste charge (+$112)

·             A worse operating performance ratio* (-9.49% compared to -2.72% group average)

·             Much less spent on governance and administration than the group average ($42.57 per capita compared to $298.68 per capita group average)

 

*The operating performance ratio measures a councils ability to contain operating expenditure within operating revenue and is defined as Operating revenue (excluding capital grants and contributions less operating expenses)/Operating revenue (excluding capital grants and contributions).  The issues for this Council have been its depreciation expense as well as its increased costs due to flood damage.

 

The following tables compare Nambucca Shire Council with other Mid North Coast Councils for some of the key listed criteria.


 

Mid North Coast Councils – Comparison of Rates and Charges – 2011/12

 

 

Av. Residential Rate $

Av. Business Rate $

Av. Farmland Rate $

Av. Res. Water & Sewer Bill $

Av. Domestic Waste Charge $

Gloucester

580

445

2,614

n/a

464

Great Lakes

934

2,510

594

n/a

301

Greater Taree

788

2,740

1,355

n/a

312

Port Macquarie

907

3,000

1,583

1,108

301

Kempsey

668

1,464

1,307

1,137

271

Nambucca

736

1,489

1,566

800

360

Bellingen

779

899

1,693

931

346

Coffs Harbour

804

3,589

1,462

1,219

373

 

Mid North Coast Councils – Comparison of TCorp Financial Indicators – 2011/12

 

 

%Own Source Revenue

% Grants of Revenue

Operating Performance Ratio

Unrestricted Current Ratio

Building & Infrastructure Renewal Ratio

Infrastructure Backlog Ratio

Gloucester

37

57

-28

1.13

91

30

Great Lakes

64

31

2

3.32

101

4

Greater Taree

56

36

-27

1.58

41

57

Port Macquarie

65

28

-10

1.88

20

13

Kempsey

64

31

-37

2.49

31

13

Nambucca

55

38

-9

2.02

91

28

Bellingen

46

45

-20

2.13

79

8

Coffs Harbour

64

24

-8

1.29

23

5

 

Where:

 

Own Source Revenue measures the level of a council’s fiscal flexibility.  It is the degree of reliance on external funding sources such as grants and contributions.  It is defined as rates, utilities and charges/total operating revenue (inclusive of capital grants and contributions).  The benchmark is >60%.

 

Operating Performance Ratio measures a council’s ability to contain operating expenditure within operating revenue.  It is defined as operating revenue (excluding capital grants and contributions less operating expenses)/operating revenue (excluding capital grants and contributions).  The benchmark is >-4.0%..

 

Unrestricted Current Ratio is designed to assess the adequacy of working capital and the ability to satisfy obligations in the short term for unrestricted activities of council.  It is defined by current assets less all external restrictions/current liabilities less specific purpose liabilities.  The benchmark is >1.5.

 

Building & Infrastructure Renewals Ratio compares the proportion spent on infrastructure asset renewals and the assets deterioration.  It is defined as asset renewals/depreciation of building and infrastructure assets.  The benchmark is >100%.

 

Infrastructure Backlog Ratio shows what proportion the backlog is against total value of a council’s infrastructure.  It is defined as the estimated cost to bring assets to a satisfactory condition/total infrastructure asset.  The benchmark is < 20%.

 

In relation to these indicators, compared to Mid North Coast councils, Nambucca Shire Council’s performance is reasonable.  The infrastructure backlog ratio requires further refinement to determine the extent to which there is a legacy of degraded assets or the alternative that the financial assessment of the $ required to bring them back to a satisfactory condition is conservative (compared to the other councils) or possibly a combination of the two.

 

The comparison statistics released by the Division of Local Government also contain a range of social and economic indicators.  A number of these are included in the following tables.


 

Mid North Coast Councils – Comparison of Socio/Economic Indicators

 

 

5 year pop’n change %

Pop’n aged > 60%

Aboriginal & Torres St Islanders %

Socio-Economic Index Ranking

(1 lowest)

Unemployment rate %

Av taxable income $

Gloucester

0.1

34.4

4.7

47

5.2

32,993

Great Lakes

2.7

38.7

3.8

26

8.3

34,435

Greater Taree

1.2

29.8

5.4

12

9.3

34,334

Port Macquarie

3.4

31.7

3.3

75

6.9

36,316

Kempsey

1.6

27.0

11.1

4

8.9

31,957

Nambucca

2.6

32.0

7.3

9

10.7

30,546

Bellingen

-1.5

26.7

3.0

55

8.0

32,532

Coffs Harbour

2.7

24.5

4.1

70

8.3

35,642

 

The comparative statistics suggest the strategic direction of Council should emphasize reducing improving (reducing) the unemployment rate which will also assist in increasing average taxable income and improving the Valley’s Socio-Economic (SIEFA) ranking of 9 which is of concern given that there are 152 LGA’s in NSW.

 

There are also some interesting comparisons about Council operations.

 

Mid North Coast Councils – Comparison of Operations

 

 

 

Pop’n per Clr

Equivalent full time staff

Revenue per capita $

Expenses per capita $

Pop’n density

(residents/km2)

Pensioner rebates %

Gloucester

711

86

2,807

3,021

1.68

28.5

Great Lakes

3,956

284

1,962

1,816

10.55

25.3

Greater Taree

5,328

254

1,263

1,497

12.85

29.0

Port Macquarie

8,328

444

1,939

1,771

20.33

29.1

Kempsey

3,243

287

1,878

2,454

8.64

30.5

Nambucca

2,143

118

1,791

1,708

12.92

35.1

Bellingen

1,841

142

2,408

2,572

8.04

23.3

Coffs Harbour

7,881

509

2,046

1,957

60.36

21.2

 

The high percentage of pensioner rebates at Nambucca Shire Council compared to other mid north coast councils is a significant feature of this comparison.  Traditionally most pensioner rebates issued by Council related to persons receiving an age pension.  However this has broadened over the years to other categories of people receiving government benefits, including people on a Newstart Allowance who have dependent children.  The table demonstrates how socio-demographic matters affect the Council’s financial capacity.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report is for information.  There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The comparative information report and this Council’s relative performance indicate the risks to Council’s long term financial sustainability.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels or resourcing.

 

Attachments:

1

S:\General Manager\Business Paper Reports\DLG Comparative Information 2011-2012.pdf - Stand Alone Snapshot

 

  


Ordinary Council Meeting - 31 October 2013

Comparative Information on NSW Local Government 2011-2012

 



Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.4     SF1431            311013        Valla Quarry - Compliance with Conditions of Development Consent

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

The report provides additional information on the definition of the accounting year for the measurement of quarry output and recites previous advice on options to manage compliance on an on-going basis.

 

The report also attempts to answer the question on what it would cost Council to buy gravel from another quarry over the coming 12 months.  The answer to this question requires a large number of assumptions which are outlined in the report.  Based on the assumptions, for an “average” year it is determined that the additional transport costs would be $53,424.

 

 

Recommendation:

 

1.       That Council note the information on the determination of the accounting year and the          options for managing compliance with the production limit on an on-going basis.

 

2.       Council note the information concerning the cost to Council of buying gravel from another          quarry and not using the Valla Quarry for the coming 12 months.

 

 

OPTIONS:

 

There are a range of options available to Council which are discussed in the report.

 

DISCUSSION:

 

At Council’s meeting on 16 October 2013 it was resolved as follows:

 

”1       That Council stops purchasing product from Valla Quarry until the accounting year has been determined and Councillors receive advice as to how Council will manage compliance on an on-going basis and this be reported to the next Council meeting.

 

2        That the proprietors of the Quarry be issued with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of the quantities extracted.”

 

It was also resolved that:

 

“That Council receive a report on the cost to Council of buying gravel from another quarry and not using Valla Quarry over the coming 12 months.”

 

The letter required by resolution 2. above was sent to the quarry on 23 October.

 

The relevant consent condition No. 12 of the consent to DA2001/096 states:

 

12      The applicant shall cease extraction of rock and sand from the extension area of 7 hectares which is the subject of this consent when 950,000 cubic metres (in situ) of material has been extracted from that area.  While extraction of material in accordance with consent to DA 1995/056 continues to take place, the maximum annual extraction of material from the extension area the subject of this consent shall not exceed, when combined with the extraction of material from the area the subject of DA 1995/056, 50,000 cubic metres (in situ).  Once extraction of material in accordance with consent to DA 1995/056 has ceased, the maximum annual extraction of material under this consent shall not exceed 50,000 cubic metres (in situ).

 

The consent for DA 1995/056 has exhausted so the applicable provision is the underline section.  However even when both consents were in operation, the cumulative amount of material which could be removed was 50,000 cubic metres (in situ).

 

The quarry operator, Quarry Solutions, employs a firm Groundwork Plus to undertake an environmental compliance audit of the Valla Quarry so as to comply with condition 58 of the development consent to DA2001/096.

 

In relation to resolution no. 1, on 30 January 2012 I wrote to Quarry Solutions advising that for the period January 2012 to November 2012 inclusive, the quarry returns indicate that 146,036 tonnes of material passed over the weighbridge which equates to 56,167 in situ cubic metres.  I advised as follows:

 

“It is appreciated that the annual report considers a calendar year from October 2011 to September 2012 inclusive and your production figures in December 2011 and January 2012 were relatively low.

 

The purpose of this letter is to alert you to the likelihood that your annual production has or is about to exceed the 50,000 cubic metre in situ limit and that you need to make arrangements to either comply with the Condition by reducing extraction or seek a modification to permit increased annual extraction.

 

It is requested that you advise of your intended action to comply with Condition 12 within 30 days of the date of this letter.”

 

Quarry Solutions replied by letter dated 12 February 2013 advising as follows:

 

“As mentioned in the correspondence, it is acknowledged that the annual report is based on the anniversary date stated in the Environmental Protection Licence (EPL) No. 13136 of 2 October.

 

It was previously agreed with Council and the Environment Protection Authority NSW at a meeting on 10 November 2010 that joint Authorised Regulatory Authority (ARA) status would be applied in relation to condition 58 of consent 2001/096 requiring the completion and submission of an annual Environmental Management Audit Report (EAMR).  As such, the anniversary date adopted was that of the EPL No. 13136 to ensure compliance with the conditions of the licence and a copy of the EMAR is provided to Council to eliminate duplication of administrative requirements for reporting activities.

 

We appreciate the opportunity from Council to advise of our intended action to comply with condition 12 of consent 2001/096 relating to extraction volumes.  We wish to advise that we are continuing to record the volume of material being extracted from the quarry during the reporting period and if additional volume requires approval, we will ensure Council is consulted and if appropriate an application for modification to the condition of consent will be considered.”

 

Therefore it should be agreed that the 12 month period against which the extraction of material is measured is the period October to September inclusive.  This is consistent with the last Environmental Management Audit Report submitted by Groundwork Plus which was for the period 2 October 2011 to 1 October 2012.

 

In terms of the conversion factor to measure in-situ cubic metres from weighbridge tonnes, in their 2011 Annual Report Quarry Solutions proposed the conversion factor of 2.6 tonnes per in situ m3 (page 2 of the report).

 

Applying this measurement period and this conversion factor with the quarry’s weighbridge records provides the following monthly and yearly output.


 

2010/2011

 

Month

Weighbridge Tonnes

Cubic metres (in situ)

m3 Cumulative Total

October 2010

2,687

1,033

1,033

November 2010

12,562

4,831

5,864

December 2010

7,006

2,694

8,558

January 2011

5,126

1,971

10,529

February 2011

6,053

2,328

12,857

March 2011

11,747

4,518

17,375

April 2011

12,550

4,826

22,201

May 2011

15,176

5,836

28,037

June 2011

6,747

2,595

30,632

July 2011

15,955

6,136

36,768

August 2011

11,271

4,335

41,103

September 2011

7,445

2,863

43,966

Total for year

 

 

43,966

 

 

2011/2012

 

Month

Weighbridge Tonnes

Cubic metres (in situ)

m3 Cumulative Total

October 2011

9,598

3,691

3,691

November 2011

6,343

2,439

6,130

December 2011

4,077

1,568

7,698

January 2012

3,327

1,279

8,977

February 2012

10,783

4,147

13,124

March 2012

12,314

4,736

17,860

April 2012

10,164

3,909

21,769

May 2012

22,114

8,505

30,274

June 2012

13,394

5,151

35,425

July 2012

13,996

5,383

40,808

August 2012

6,891

2,650

43,458

September 2012

9,293

3,574

47,032

Total for year

 

 

47,032

 

 

2012/2013 (11 months to 31 August)

 

Month

Weighbridge Tonnes

Cubic metres (in situ)

m3 Cumulative Total

October 2012

23,592

9,073

9,073

November 2012

20,162

7,754

16,827

December 2012

15,383

5,916

22,743

January 2013

17,500

6,730

29,473

February 2013

9,667

3,718

33,191

March 2013

16,220

6,238

39,429

April 2013

16,278

6,260

45,689

May 2013

17,852

6,866

52,555

June 2013

10,547

4,056

56,611

July 2013

11,737

4,514

61,125

August 2013

33,459

12,868

73,993

Total for 11 months

 

 

73,993

 

In terms of how Council will manage compliance on an on-going basis, there are a range of potential options including the following:

 

·             do nothing

·             issue a penalty infringement notice for $3,000

·          as the 50,000m3 in situ extraction has been exceeded for the reporting period seek an injunction through the Land and Environment Court to stop operations, ie close the quarry

·             seek a prosecution through the Land & Environment Court

·          seek Class 4 orders through the Land & Environment Court to limit operations to 50,000m3 per annum, failing which the operators would be in contempt of court (the previously recommended option)

·          provide a reasonable period for the applicant to lodge a development application or application to modify the existing consent to rectify the breach

 

Council’s solicitor has commented that in general Council should avoid issuing a penalty infringement notice in addition to seeking Court orders.  Under the Fines Act, payment of the full amount under a penalty notice results in there being no further liability for further proceedings for the offence to which the notice relates.

 

Council has a Compliance, Enforcement and Prosecution Policy which includes a number of tests to select the appropriate response and priority to be given to a matter.  These are:

 

Test 1 – Likelihood of Consent or Approval

“Is the unauthorised activity a form of development or activity that, “but for” the failure to make application for a development consent or an activity approval, would likely have been granted such consent or approval subject to appropriate conditions”.

 

It is difficult to speculate on the likelihood of consent or approval being provided to the proposed modification application.

 

Test 2 – Environmental Impact

“Is the unauthorised development or activity likely to cause a significant environmental impact, including impacts on the natural and built environment?  The application of this test requires a determination of the fact of any environmental impact and an assessment of the degree of that impact which will be undertaken by a qualified consultant if required.”

 

Again this is difficult to answer.  The quarry is scheduled premises operating under a licence from the EPA which includes detailed provisions in relation to the control of noise.  The modification application which has been lodged indicates that in certain meteorological conditions, the quarry cannot meet the noise limits set down in its EPA licence at a number of dwellings.

 

Test 3 – Public Safety

“Is the unauthorised development or activity likely to lead to injury and/or to create a public liability”.

 

There is no evidence that the exceedance of the production limit will increase the risk of injury, other than through the statistical fact that there will be more trucks on the local road system.

 

Other matters listed for consideration are:

 

a        The person in breach has shown contrition

Whilst not admitting a breach of consent, the quarry operator has submitted a modification application.

 

b        Inaction would cause hardship to the complainant

Not applicable – any complainants can take separate civil action if they wish.

 

c        Action would cause hardship to the person the subject of the complaint, for example, the action would make the person homeless

         The option of an injunction to stop operations and close the quarry is likely to cause hardship to quarry staff who may be left without employment on a temporary or permanent basis.  An injunction to stop operations may also place the future of the quarry in jeopardy, if for example they have entered into commercial contracts which they are unable to fill.

 

d        The person has received previous warnings or has been the subject of legal action

On 30 January 2013 I wrote to the quarry operators alerting them to the likelihood that their annual production had or was about to exceed the 50,000 cubic metre in situ limit and that they need to make arrangements to either comply with the Condition by reducing extraction or seek a modification to permit increased annual extraction.  I again wrote to the quarry operators on 9 August 2013 advising that their annual extraction had exceeded their approval.

 

A further consideration is that the Land and Environment Court, not Council, issued the consent and if there are any concerns about the practicality of the conditions they should be addressed by the Court.

 

That Council receive a report on the cost to Council of buying gravel from another quarry and not using Valla Quarry over the coming 12 months

 

This is a difficult question.  Firstly in terms of the cost to Council, purchases from any quarry can be made by Council for road works which have natural disaster funding and therefore are not as such a “cost to Council”.   Secondly, Council utilises a number of contractors who purchase products from the Valla quarry for use in Council jobs.  Recent examples are Haslin Constructions and Ledonne Constructions.

 

Notwithstanding if a number of assumptions are made it is possible to determine an order of cost to Council of not using the Valla quarry.

 

Firstly if it is assumed that in any one year road rehabilitation work is approximately divided equally between the northern and southern halves of the Shire, a unit rate can be applied to the cost of transporting the rock/gravel product the additional distance.

 

Secondly, it must be assumed that the same range of rock/gravel product will be available from the other major quarry in the Shire.  Depending upon demand and production factors (breakdowns, quality etc) this may not always be the case, in which case Council would need to go much further afield to source product.  If Councils trucks had to leave the Shire to purchase product then the costs quoted below would be exponentially greater.  Put simply the use of a single quarry to source product significantly increases risk to Council.

 

For the past 12 months Council has, on average purchased 1,689 tonnes per month of material from the Valla Quarry with the most material purchased in any one month being 3,605 tonnes and least material purchased in a month being 292 tonnes.  Council typically purchases in excess of 1,500 tonnes per month from the quarry.

 

Council’s internal plant hire rate for its largest truck and trailer which can carry 16 tonnes is $4.20 per kilometre.  Whilst the cost of transport is entirely dependent upon the distance between the quarry and the job, if it is assumed that the Valla quarry is preferred because of its proximity to jobs in the northern part of the Shire it is reasonable to suggest it would have a transport advantage of approximately 10km over the Macksville quarry.  Therefore the average monthly purchase equates to 106 truck movements each travelling an additional 10km at $4.20 per kilometre.  Based on these assumptions the additional transport cost would be $4,452 per month or $53,424 for the year.

 

The cost could be mitigated by adjusting Council’s works program to only undertake major construction work in the southern part of the Shire.  However this mitigation would not be sustainable for more than the short term and not for a 12 month period.  The other risk is that the determination of the modification application may not occur within the nominated 12 month period for factors within or outside Council’s control.

 

CONSULTATION:

 

There has been consultation with Councils Finance Staff in relation to the plant hire rates and monthly purchases from the Valla Quarry.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There will be environmental implications with additional truck transport being carbon use and the emission of particulates.

 

Social

 

There are unlikely to be any significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks to Council are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary impacts are discussed in the report.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The potential cost to construction jobs of sourcing gravel and other product from other quarries is discussed in the report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.5     SF25                311013        Proposed War Memorial - River Street, Macksville

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

The report discusses how Council may assist the Macksville Sub-Branch in the construction of a memorial in River Street, Macksville.

 

 

Recommendation:

 

That Council advise the Returned and Services League of Australia – Macksville Sub-Branch that Council will assist the Sub-Branch in the construction of the memorial be providing Council plant and staff at cost (ie applying internal hire rates with no overheads and administrative charges) and secondly in the absence of any MoU or agreement, by accepting responsibility for the maintenance of the memorial.

 

 

OPTIONS:

 

The options are listed in the report.

 

 

DISCUSSION:

 

At Council’s meeting on 26 September 2013 it was resolved that:

 

“A report be brought back to Council on a MoU and how Council can assist the Macksville RLS Sub-Branch in relation to the proposed memorial”.

 

It will be recalled that Mr Barry McDonald, the President of the Returned and Services League of Australia, Macksville Sub-Branch, addressed the Council meeting expressing concern about a resolution of Council from its meeting of 25 July 2013 that an MoU be prepared to indicate that the RSL Club would be responsible for the maintenance of the Memorial.

 

At the Council meeting on 26 September Mr McDonald addressed Council making the following points:

 

·          Thanked the Council waiving DA fees

·          Indicated there was no grant available to construct the memorial

·          A DVA grant would be available after commencement

·          The funds for the memorial would be coming out of Macksville RSL coffers

·          The advancing age of members means they cannot accept ongoing responsibility

·          When completed the memorial will belong to the community

·          Therefore unable to sign a Memorandum of Understanding

 

The Sub-Branch are aiming to hold the 2014 Anzac Service at the new site.

 

It is acknowledged that in a town as large as Macksville there should be a permanent community memorial to pay recognition to its men and women who went to war.  The Sub-Branch have been persistent and dedicated in making amends for this and are poised to invest $150,000 of their funds in constructing the proposed memorial in River Street.  The Council has assisted the Sub-Branch in selecting the site, in assisting with the concept design and thirdly in waiving application fees.

 

The resolution of Council’s meeting of 25 July simply acknowledged that memorials do require, from time to time, maintenance and that in the absence of any written agreement or lease, that responsibility will default to Council.

 

In relation to the resolution of 26 September a number of options are open to Council being:

 

1          The provision of cash and/or Council funded plant and labour to assist the Sub-Branch in constructing the memorial

2          The provision of Council plant and staff as required to build the blister for the memorial at cost (ie applying internal rates for staff and plant with no overheads or administrative charges)

3          Accepting responsibility for the maintenance of the memorial through not insisting on an MoU or like agreement

 

Given the matters raised by Mr McDonald, the significance of the Memorial to the Town as well as Council’s financial position it is recommended that Council provide assistance as per options 2 and 3 above.  Whilst it would be good if the Council had sufficient funds to provide further assistance, as advised by NSW Treasury Corporation the Council is in a weak financial position through its inability to maintain existing assets let alone construct new ones.

 

The Sub-Branch has the option of seeking other quotes and not using Council staff and plant for the construction of the blister.  The cost estimate that Council’s Engineering Designer determined for a basic blister (no special geotechnical requirements, no electricity etc) as per the recently constructed blisters was $25,000.

 

CONSULTATION:

 

There has been consultation with Manex.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are social implications for memorials being a place of commemoration and reflection.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There is a risk of vandalism that Council will likely have to pay to repair.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be costs associated with the provision of plant and staff and also longer term costs associated with maintenance.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Additional maintenance responsibilities will affect the service levels provided by Council’s Parks and Town Services staff.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.6     SF1496            311013        Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 

AUTHOR/ENQUIRIES:   Grant Nelson, Strategic Planner         

 

Summary:

 

Attached for Council endorsement is a copy of the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting Held on Friday 20 Sept 2013.

 

This report also considers submissions received regarding recently exhibited flood studies and the Deep Creek Entrance Management Policy and makes recommendations to Council regarding their adoption, changes and future use.

 

 

Recommendation:

 

1        That Council note the support from the committee to endorse the Nambucca River Flood Study Deep, Creek Flood Study and Deep Creek Entrance Management Policy with some changes;

 

2        That Council adopt the Deep Creek Flood Study and Nambucca River Flood Study Reports and that Council utilise the new 100 year ARI 2100 Climate Change peak flood levels for development and infrastructure considerations as appropriate. In some instances Council may need to reference other modelled events in the studies such as the Probable Maximum Flood (PMF).

 

3        That Council continue to progress the floodplain management program and target available funding to prepare a Flood Risk Management Study/ Plan.

 

4        That Council adopt the Deep Creek Entrance Management Policy incorporating the following changes and notify the adopted Policy as required by the Local Government Act:

 

-     Identify an option to raise the level of residential yards in Hyland Park where inundation may occur;

-     Identify an option to investigate powered craft management on Deep Creek. Particularly during times the entrance is closed.

-     Identify options to plan for ‘Coastal Squeeze’ including widening of riparian areas in appropriate locations and revegetation with suitable species.

 

5        That Council write to the Roads and Maritime Services regarding management of powered craft during on Deep Creek during closed entrance conditions.

 

6        That Council formally thank to the Office of Environment and Heritage for their contribution to the project.

 

7        That Council note that the committee supports Council in any initiative to close our rivers to commercial fishing or reduce the impact of commercial fishing on our rivers and encourage Council to become fish friendly Council with the aim of protecting fish habitat and encourage sustainable fishing.

 

8        That the remaining minutes from the Nambucca River Creeks, estuary and coastline management committee meeting held on Friday 20 September 2013 be endorsed and as necessary the appropriate action be taken.

 

 

OPTIONS:

 

1        Council may choose to make changes to any of the above recommendations.

 

DISCUSSION:

 

The Nambucca River, Creeks, Estuary and Coastline Management Committee meeting was held on the 20 September 2013.

 

Key items at the meeting were the consideration of the submissions received during the exhibition period of the flood studies and the Deep Creek Entrance Management Policy. The committee report related to this matter, all the submissions received and advice from Statewide Insurance (regarding sea level rise) has been attached for Councils information.

 

Also attached is a copy of the exhibited Deep Creek Entrance Management Policy. In response to submissions received a number of changes to the policy are recommended. If included the proposed changes will provide staff with direction to further investigate issues in the Deep Creek system and support grant funding opportunities should they arise. The changes recommended include:

 

-     Identify an option to raise the level of residential yards in Hyland Park where inundation may occur;

-     Identify an option to investigate powered craft management on Deep Creek. Particularly during times the entrance is closed.

-     Identify options to plan for ‘Coastal Squeeze’ including widening of riparian areas in appropriate locations and revegetation with suitable species

 

Note: The changes recommended in this report will be included in the Deep Creek Entrance Management Policy after Council has endorsed the recommendations.

 

Responses to issues raised through the submissions are provided in the attached report to the committee.

 

The purpose of this report is for Council to endorse the minutes and flood studies as well as adopt the recently prepared Deep Creek Entrance Management Policy with recommended changes.

 

CONSULTATION:

 

Nambucca River Estuaries Creeks and Coastal Management Committee

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The draft flood studies modelled various scenarios, which can be used to assist in environmental assessment and management.

 

The Deep Creek Entrance Management Policy has targeted a sustainable approach to the management of a closed entrance at Deep Creek.

 

Social

 

The results of the flood studies will assist in providing emergency management, and will be appropriately incorporated into land use planning.

 

Economic

 

The studies may impact land value and insurance premiums in a positive or negative manner. The studies will also provide certainty for investment and economic development activities and infrastructure development.

 

In terms of damages and emergency management it will provide an invaluable resource for life and property protection/ development.

 

Risk

 

The flood studies prepared provide the most up to date and accurate flood modelling available to Council. The studies have predominately been funded by the Office of Environment and Heritage, who have been integral in the technical review of the information prepared by the consultants. In this regard the studies have satisfied the Office of Environment Heritage and use of the information in the studies should offer protection to Council from liability through section 733 of the Local Government Act 1993.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil

 

Source of fund and any variance to working funds

Environmental Levy

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

22625/2013 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee - 20 September 2013

 

2

22625/2013 - Results of Exhibition of the Nambucca RIver and Deep Creek Flood Studies and the Deep Creek Entrance Management Plan

 

3

20647/2013 - Submission in relation to Nambucca River Flood Study - Sue Spratt.

 

4

20634/2013 - Submission in relation to Nambucca River Flood Study - M Laverty

 

5

20411/2013 - Submission regarding the Nambucca River Flood Study - Fay Lawson

 

6

17959/2013 - Comments in response to draft Deep Creek Entrance Management Policy - Brett and Lisa George

 

7

18892/2013 - Submission to Draft Deep Creek Entrance Management Plan - N F Saunders

 

8

6676/2013 - Copy of Statewide's advice received regarding Liability issues arising from selection of Sea Level Rise Benchmarks

 

9

9464/2013 - Deep Creek Entrance Management Policy draft April 13t

 

  


Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 

 

 

Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee - 20 September 2013

 

0 Pages

 


Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 

Assistant General Manager Corporate and Community Services Report

ITEM 5.2     SF1687            200913        Results of Exhibition of the Nambucca RIver and Deep Creek Flood Studies and the Deep Creek Entrance Management Plan

 

AUTHOR/ENQUIRIES:   Grant Nelson, Strategic Planner         

 


 

Summary:

 

The Draft Nambucca River Flood Study, Deep Creek Flood Study and Deep Creek Entrance Management Policy were exhibited between 11 July 2013 to 9 August 2013. The purpose of this report is provide an overview of the issues raised through submissions to these documents and make recommendations to progress with Council’s Floodplain management program.

 

 


 

Recommendation:

 

1              The committee note the issues raised via the submissions to the exhibited plans;

 

2        The committee endorse the Deep Creek Entrance Management Policy with the following recommended changes and notify the adopted policy as required by the Local Government Act.

 

-                 Identify an option to raise the level of residential yards in Hyland Park where inundation may occur

-                 Identify an option to investigate powered craft management on Deep Creek. Particularly during times the entrance is closed.

-                 Identify opportunities to plan for Coastal Squeeze including widening of riparian area in appropriate locations and revegetation with suitable species.

 

3        That the Committee note the issues raised that have relevance to a future Flood Risk Management Plan and Study and as necessary ensure the matters are addressed in any associated project brief.

 

4        That the committee recommend Council utilise the new 100 year ARI 2100 Climate Change Peak Flood Levels from both the Nambucca and Deep Creek Flood Study as its Flood Planning Levels for development and infrastructure considerations as appropriate. In some instances Council may need to reference other modelled events in the studies such as the Probable Maximum Flood (PMF).

 

5        That the committee recommend Council continue with its progress with the floodplain management program and target available funding to prepare a Flood Risk Management Plan/ Study.

 

6        That the committee recommend Council formally write to the Road and Maritime Services regarding the management of powered craft on Deep Creek during closed entrance conditions.

 

7        That the committee recommend Council formally thank the Office of Environment and Heritage for their contribution to the project.

 

 


OPTIONS:

 

Additional recommendations may be made by the committee

 

DISCUSSION:

 

The Flood Studies have been prepared as the first step in a staged process of updating the Nambucca Flood Risk Management Plan and associated development matrix. Which has been on Councils outstanding action list for some time.

 

The committee previously considered a report to exhibit the Draft Nambucca River Flood Study, the Deep Creek Flood Study and Deep Creek Entrance Management Policy. These documents were exhibited from 11 July 2013 to 9 August 2013 at the Nambucca Heads Library, the Council Administration Centre and Councils Website.

 

Pursuant to the requirements of the Local Government Act in relation to policy development, submissions were accepted up until the 22 August 2013.

 

During the exhibition period Council held an information session at the Council Chambers on the 22 July 2013. Interested participants from this meeting were invited to attend interviews the next day with Council’s Strategic Planner and the flood consultants WMA water. Two (2) interviews were held with Mr Ray Nash and Marie Laverty.

 

Ray Nash, raised a number of concerns regarding his property at Taylors Arm Road Macksville and surrounds including:

 

-     Effect of development in the catchment impacting flows and quantities of water on his property;

-     Infrastructure changes in the Tilly Willy Creek area;

 

Marie Laverty, raised concerns regarding the floodplain behind Egans Lane at North Macksville.

 

-     Culvert separating Egan’s lane floodplain area and Old Coast Road flood plain area;

 

A number of other issues were discussed however the above matters were identified as matters that could be examined in further detail through the Flood Risk Management Study and Plan process, and will be identified in the project brief when funding becomes available to proceed.

 

During the exhibition process Council received the five (5) submissions in total. For simplicity the submissions have been included in full as an attachment to this report [Attachment 1-5], however the key issues raised in the submissions are responded to below:

 

Nambucca River and Warrell Creek

 

Three (3) submissions were received in regards to the Nambucca River Flood study. The following issues were raised:

 

Issue 1 – A Bridge with associated floodgate on private property within the Egan’s Lane floodplain is presently closed and potentially reducing stoping flows to Newee Creek. What is the purpose of this gate and is this a problem? Flood on 24 May 2013 resulted in significant flooding in this areas was the gate part of the problem? Is there a procedure to open this gate and who is responsible for its management. Would more flood gates allow quicker discharge of water through the system.

 

Planning Response

 

The management of a flood gate separating the Egan’s Lane Floodplain and the Newee Creek area can be considered in more detail during the preparation of the Flood Risk Management Plan/ Study.

 

Issue 2 – Who has responsibility for drainage on eastern and western side of the railway at north Macksville. Are these drains working and if not why not? Raising of the railway line with no culverts or pipes at kings point maybe partly responsible for the increased flood levels in this area.

 

Planning Response

 

The implications of the north Coast rail on the Kings Point area can be considered in more detail during the preparation of the Flood Risk Management Plan/ Study.

 

Issue 3 – Where does the drainage from Macksville showground flow to, does it still flow to the River? Also where is the drainage on the opposite side of the showground and where does this flow to.

 

Planning Response

 

The studies have considered the broader context of flooding in the shire not the site specific impacts associated with stormwater management. Despite this the management of floodwaters through this area will be considered during the preparation of the Flood Risk Management Plan/ study.

 

Issue 4 – Maps and graphs in study are complicated and do not identify boundaries roads, bridges etc. Most people reading the document are not hydrologists or engineers. More detailed flood depth contours would be beneficial on a number of maps; No flood velocities are printed on the maps; no floodways are identified.

 

Planning Response

 

Flood level enquiries are responded to by Council staff with access to relevant detailed information. Despite this access to the studies will be provided on Councils website. A detailed figure of the mapping will also be provided on the website.

 

Issue 5 – Nothing has changed in 19 years except that the issues causing the flooding has not been addressed which is a shallowing river due to build up of gravel, sand and silt.

 

Planning Response

 

The flood studies are providing a snapshot prediction of the way a flood may behave based on terrain information available to Council at the time of preparation. Flood Management issues will be addressed during the preparation of a Flood Risk Management Plan/ Study.

 

Issue 6 – The significant (40-45cm) rise of flood levels at Kings Point is partly due to; raising of road level approaches at Wilson Bridge with lack of culverts; raising of Taylors arm road has damned and redirected floodwater causing increased velocities, development in the catchment has contributed to this; raising highway immediately north of Macksville traffic bridge has caused redirection of floodwater as no culverts and pipes were installed.

 

The cumulative effect of these issues needs to be investigated and modelled.

 

Planning Response

 

These matters can be investigated further during the preparation of the flood risk management plan/ study.

 

Issue 7 – Do we need to provide alternative flood refuge on the site, the showground (present site) appears to be inundated in a large flood.

 

Planning Response

 

The resulting flood studies and associated data will be distributed to State Emergency Services for consideration.

 

Issue 8 – Recently installed flood markers will need to be reviewed and if necessary heightened.

 

Planning Response

 

At the last estuary meeting some issues were identified with flood markers. A review of these could be undertaken to determine appropriate action. 

 

Deep Creek

 

During the exhibition period a letter was sent to 19 landowners in the Hyland Park and Valla area that had previously expressed concern when the Deep Creek entrance closed in 2012 or are located in an urban area likely to be inundated when the Deep Creek Entrance naturally closes. The letter advised of the recommended opening triggers including the water level and water quality and provided details about the exhibition period and the information session.

 

Two (2) of the submissions received related to Deep Creek these were from Mr Brett and Lisa George and N F Saunders. The following issues were raised.

 

Issue 1 - The Entrance Management Policy recommends water quality testing begin 14 days after the entrance closure. Due to the Nambucca Heads Sewerage Treatment Plant discharging into Deep Creek it is recommended water quality monitoring be undertaken daily even during open conditions. At the very least it is recommended water quality monitoring be undertaken as soon as the entrance is closed.

 

Planning Response

 

The Entrance Management Policy recommends the water quality monitoring be undertaken in order to identify when unacceptable recreational water quality variables are detected and thus trigger the mechanical opening of a closed entrance. The policy identifies that monitoring should commence 14 days after the entrance has been closed or after a rainfall event.

 

The Deep Creek Flood study identified that with some rainfall (50 percentile inflows) and an open entrance there is a residence time for water in the system of approximately 14 days at the large expanse of water between the North Coast Rail and the Nambucca State Forest. The fact the majority of the catchment must flow through this area is the primary reason for waiting 14 days prior to commencing the monitoring.

 

The operation of the recently upgraded Nambucca Sewerage Treatment Plant (STP) is monitored under licensing agreements with the Environment Protection Authority and in accordance with relevant legislation. In accordance with these requirements Council monitors two locations in Deep Creek on a monthly basis under our Water and Sewer program.

 

The time it takes water discharged from STP to reach the main
Deep Creek system is unknown, however the licensing requirements of the STP ensures the quality of water entering the system meets relevant criteria. Any outlying results or major issues with the STP would need to be addressed as necessary.

 

Commencing the monitoring within a 14 day period or after a rainfall event is considered acceptable and appropriate allocation of resources.

 

Issue 2 –The proposed opening level of 1.4m AHD contributes to thorough flushing but will also contribute to boat wash effecting bank erosion nearer to the top of the bank. It is recommended that a ‘no wash’ zone for the entire creek during closed periods and it is recommended the height of the opening level be reduced. A related issue recommended the banning of high speed jet ski craft.

 

Planning Response

 

The opening water level trigger of 1.4m AHD has been developed in consideration of risk to private dwellings and infrastructure as well allowing appropriate inundation of environmentally sensitive areas that would be somewhat reliant on natural inundation regimes provided by their habitat.

 

Other studies have found direct correlation to between an increase in ICOLL use by powered craft and a closed entrance. Essentially these studies have found that when an ICOLL is closed more areas become accessible due to the increased depth and attract more use. In other locations the issue of boat wash has been dealt with through and estuary management plan or boating plan. Some common management solutions are having speed restrictions or exclusions in sensitive areas and educational signage.

 

The Roads and Maritime Services are responsible for regulating powered craft on waterways and formal advice will be sought from them on this matter.

 

Issue 3 – The proposed opening level of 1.4m AHD will also contribute to Pedestrian damage in areas required for access due to increased water levels particularly in the area around the north of the footbridge at Valla Beach. It is recommended areas that are particularly prone to erosion be fenced; walkways be developed; and riparian areas be revegetated.

 

Planning Response

 

Council is presently undertaking a Beach Access Improvement program, which is delineating pedestrian access to our beaches. Identified as a priority by the Valla community, a significant component of the project has been the installation of a pedestrian access way to the beach at the Valla Footbridge, the project also includes accesses stairs to the foreshore on both sides, and fencing to eliminate traffic from sensitive areas. Not all areas could be practically addressed by the project but it is a considered a significant improvement.

 

Issue 4 – It is recommended a third trigger be incorporated into the plan being period of closure. During closed periods vegetation and marine life die due to prolonged submersion including mangroves and soldier crabs. The vegetation is important for bank stability, health and habitat. It is recommended that a trigger period be developed to ensure the survival of the native vegetation;

 

Planning Response

 

The Department of Primary Industries is the authority that is partially responsible for providing permit to mechanically open a closed entrance. Information on the departments website states the following:

When ICOLLs are closed for long periods some plants growing around the lake edges (such as Casuarinas) may die from prolonged waterlogging. However this is a natural process with riparian vegetation gradually advancing and retreating along the foreshore in response to varying water levels over time. Potential loss of riparian vegetation can be managed in ways other than artificially opening the entrance, including ensuring there are sufficient replacement plants growing on the landward side of the foreshore (i.e. maintaining or establishing riparian buffer areas) and planting or allowing natural rehabilitation of more suitable species that can tolerate wet, salty soils, such as saltmarsh and mangroves.

It should be remembered that flooding and drying are natural components of the hydrological and ecological processes operating within ICOLLs. Coastal lakes and the life they support have evolved in response to these forces and to maintain a ‘healthy’ lake ideally it should be left to operate as close to natural as possible”

Based on this information a third trigger is not considered necessary.

 

Issue 5 – The ICOLL catchment is largely developed which places addition pressures on the system, particularly when it is in a closed state.

 

Planning Response

 

The purpose of the entrance management policy is to provide a balanced response to the management of these pressures.

 

Issue 6 – During a closed state rear yards in Hyland Park become submerged. Longer periods of submersion (in excess of 2 weeks) adversely effects the lawn. It also impacts on shoreline vegetation and stability.

 

Planning Response

 

The proposed water level trigger of 1.4m AHD will mean yards in Hyland Park will become inundated. However reducing the level may have detrimentally impacts on the catchment ecosystem and the recreational use of the ICOLL and may lead to more frequent closure of the lagoon. Further, Council has already reduced the opening trigger from a recommended 1.5m AHD, any additional reduction is unlikely to be supported by state government bodies responsible for permitting mechanical opening of the entrance.

 

An alternative to reduce the impact of inundation to these properties is to give consideration to raising the land likely to be inundated in these areas. The property inundation in these areas commences between 1.1 and 1.2m AHD. This means to accommodate a 1.4m trigger level approximately 20-30cm of fill would be required on private property. Such a project would involve:

 

-     Consultation with landholders and stakeholders

-     Survey and Design;

-     Potential retaining wall construction

-     Fill; and

-     Fence replacement.

 

The number of properties to be addressed is considered manageable. If such a project was to satisfy residents it would reduce the pressure received by Council to open the entrance when it closes which in the past has reached ministerial levels. Social acceptance of a closed entrance would provide positive environmental outcomes.  It is recommended that this option be identified in the Deep Creek Entrance Management Policy and the future Flood Risk Management Plan in order to give weight to a potential grant application under the State Governments Floodplain Management program.

 

The stability of shoreline vegetation was partially addressed under issue 4 which identifies the inundation as a natural process. The failing vegetation provides habitat for fish or other biodiversity.

 

Further to this the issue of ‘Coastal Squeeze’ as a result of sea level rise was identified in Councils Climate Change Risk Assessment and Adaptation Strategy. Coastal squeeze is an effect of sea level rise where riparian or coastal vegetation such as saltmarsh begins to migrate landward in its adaption to the changing hydrological regimes. Issues arise when the landward boundary is restricted by land use or structures.

 

Another management option that should be identified in the Entrance Management Policy to assist targeting grant funds is ‘the provision of suitable land management practices to address the issue of Coastal Squeeze, such practices may include widening of riparian corridors and revegetation with suitable species.

 

Issue 7 – The prolonged closure of Deep Creek also has detrimental effect on local grazing land to the south of Valla beach.

 

Planning Response

 

As stated in response to Issue 4 the inundation of land surrounding the Deep Creek system is considered a natural process.

 

Issue 8 – The lack of prompt action by Council when the entrance is closed if difficult to understand due to the low cost involved with opening the entrance.

 

Planning Response

There are a number of issues regarding the immediate opening of the entrance that are detailed in this report and the policy itself. There is no need to reconsider these.

 

Sea Level Rise and Flood Mapping

 

In 2009 the labour government made the NSW Sea Level Rise Policy Statement which set planning benchmarks for the 2050 and 2100 period. Council adopted these benchmarks for use in planning. In late 2012 the NSW Government rejected the Sea Level Rise Policy statement and associated benchmarks as part of a Coastal Reform process.

 

Advice was received from Statewide Mutual insurances on this matter [Attachment 2]. Statewide Mutual recommends Council continue to apply the sea level rise benchmarks within its planning controls. The advice also indicates that this will allow Councils to apply legal defences under the Civil Liability Action 2002 and the Local Government Act 1993 should Council be subject to litigation.

 

The draft studies modelled a number of different events, however for planning purposes it is recommended Council use flood planning levels modelled by the 100 year ARI 2090 Sea Level rise scenario for both Deep Creek and Nambucca River. This recommendation reflects a previous resolution of Council regarding the Lower Nambucca River Flood Study made on 15 September 2011.

 

Until a Flood Risk Management Study and Plan is prepared the flood planning levels provided by these models be used to in association with Council’s existing Flood Risk Management Plan and associated Hazard categories when providing advice to the public or undertaking environmental assessments.

 

The matter will be considered further when the Office of Environment and Heritage releases Stage 2 of its Coastal Reforms.

 

CONSULTATION:

 

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The draft flood studies modelled various scenarios, which can be used to assist in environmental assessment and management.

 

The Deep Creek Entrance Management Policy has targeted a sustainable approach to the management of a closed entrance at Deep Creek.

 

Social

 

The results of the flood studies will assist in providing emergency management, and will be appropriately incorporated into land use planning.

 

Economic

 

the studies may impact land value and insurance premiums in a positive or negative manner. The studies will also provide certainty for investment and economic development activities and infrastructure development.

 

In terms of damages and emergency management it will provide an invaluable resource for life and property protection/ development.

 

Risk

 

The flood studies prepared provide the most up to date and accurate flood modelling available to Council. The studies have predominately been funded by the Office of Environment and Heritage, who have been integral in the technical review of the information prepared by the consultants. In this regard the studies have satisfied the Office of Environment Heritage and use of the information in the studies should offer protection to Council from liability through section 733 of the Local Government Act 1993.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The projects have been funded via Floodplain Management Grants under the Office of Environment and Heritage and the Environmental Levy. Council is on a strict timeframe to acquit the grant funding and completion of the projects is required to ensure this occurs and grant funds area received.

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

The completion of the projects discussed in this report is a major step in the advancement of Council’s floodplain management program. It will finalise a number of outstanding grant applications and allow staff to distribute time to other outstanding actions.

 


Attachments:

1

20647/2013 - Submission in relation to Nambucca River Flood Study - Sue Spratt

0 Pages

2

20634/2013 - Submission in relation to Nambucca River Flood Study - M Laverty

0 Pages

3

20411/2013 - Submission regarding the Nambucca River Flood Study - Fay Lawson

0 Pages

4

17959/2013 - Comments in response to draft Deep Creek Entrance Management Policy - Brett and Lisa George

0 Pages

5

18892/2013 - Submission to Draft Deep Creek Entrance Management Plan - N F Saunders

0 Pages

6

6676/2013 - Copy of Statewide's advice received regarding Liability issues arising from selection of Sea Level Rise Benchmarks

0 Pages

 


Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 



Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 













Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 



Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 




Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 



Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 







Ordinary Council Meeting - 31 October 2013

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

 















Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.7     SF1823            311013        Boulton's Crossing (Gumma Reserve)

 

AUTHOR/ENQUIRIES:   Paul Guy, Manager Development and Environment; Michael Coulter, General Manager         

 

Summary:

 

At Council’s meeting on 16 October 2013 it was resolved that consideration of this report be deferred for a site inspection.  Given the seriousness of the problem with the existing septic tank and trench and the proximity of the Christmas school holidays, an inspection has been scheduled for this meeting.  Council needs to make a decision on the future of the camping ground and whether or not to immediately replace the existing septic system with a pump out system as described in the report.  If the existing septic system is not replaced the Reserve should be closed.

 

There is significant history with respect to the above reserve and council’s concerns towards its continued operation in a sensitive environment.

 

The site does not have a licence to operate in accordance with Section 68 of the Local Government Act and the requirements of the Local Government (Manufactured Homes estates, caravan parks, camping grounds and moveable dwellings - LGMHE, CP, CG & MD) Regulation 2005.

 

The existing on-site effluent management system requires upgrade and many other areas of the park require upgrade in accordance with the above Regulation if it is to continue to operate in its present manner (as a camping ground and caravan park).

 

The on-site effluent management system completely failed over the recent long weekend and required two pump outs.  It was reported by the pump out contractor that there was a significant inflow of groundwater into the septic system and tank.

 

The report considers the options for obtaining a licence to operate with the preferred option being as a primitive camping ground.

 

To further complicate matters with respect to preparing a licence application for the park it was found on survey that most of the reserve land and buildings were in a road reserve.  If camping is to continue, the road should be closed.

 

 

 

Recommendation:

 

1        That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005) with strict adherence to a maximum number of 60 sites during NSW school holidays and public holiday long weekends and 30 sites at any other times.

 

2        That Council immediately replace the existing septic effluent management system with a pump out system as described in the report.

 

3        That Council close the Crown Road Reserve which dissects the site.

 

4        That Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.

 

5        That Council prepare a Bush Fire Management/Emergency Evacuation Plan for the Reserve. 

 

6        That Council contract out the day to day operation of the Reserve as discussed in the report.

 

7        That Council undertake the work to the access road as described in the attached report, trim document no. 26706/2013.

 

 

 

OPTIONS:

 

1        That Council pursue licencing as a caravan park and camping ground and prepare an objection to requirements in the Regulations (as later reported) for concurrence of the Director General; or

2        Close the reserve.

 

 

DISCUSSION:

 

Local Government Regulations

 

Council must prepare an application in accordance with section 68 of the Local Government Act to operate a caravan park and camping ground.

 

The application must be accompanied by a plan of the park showing all buildings and designated camp sites and accordingly Council’s surveyor carried out a survey which delineated amongst other things that the existing buildings and a large portion of the camping area were within a road reserve.

 

Also the application to licence a caravan park/camping ground requires compliance with clauses within the Local Government Regulations for caravan parks and camping grounds.

 

Whilst the park enjoys existing use rights as a primitive camping ground, Council must obtain a licence/approval for its operation.  There are numerous standards set out in the regulations which cannot be met.

 

Alternatively council may continue to operate the reserve as a primitive camping area reducing upgrade costs and maintaining the park in an ecologically sustainable manner.

 

This has been reported to council in the past defining a primitive camping ground as two camp sites per hectare inferring that only two caravans, campervans or tents were permitted per hectare at any one time.

 

From the following legislation:

 

1)      If an approval to operate a primitive camping ground designates one or more camp sites within that ground, then the maximum number of designated camp sites is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground).

 

2)      The following conditions apply to a primitive camping ground:

 

(a)     if the approval to operate the primitive camping ground designates one or more camp sites within that ground—camping is not permitted within the primitive camping ground other than on those designated camp sites,

(b)     if the approval to operate the primitive camping ground does not designate one or more camp sites within that ground—the maximum number of caravans, campervans and tents permitted to use the camping ground at any one time is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground),

 

It is easy to see how the interpretation was made however Clause 2a allows council to designate camp sites to limit the impact on the environment and the legislation controls the size of any designated campsite by controlling the separation of the campers ie:

 

a)      a caravan, annexe or campervan must not be allowed to be installed closer than 6 metres to any other caravan, annexe, campervan or tent,

b)      a tent must not be allowed to be installed closer than 6 metres to any caravan, annexe or campervan or closer than 3 metres to any tent

 

Accordingly, utilising the site plan and delineating trees, access, buildings, emergency vehicle area, sensitive areas and 10 metre setbacks from the river over 4 designated camp sites it has been extrapolated that Council could permit 30 caravans/campervans or upwards of 75 tents at any one time. (Note that a tent can be a combination of tents from the one family accommodating no more than 12 people).

 

Needless to say that at any one time there will be a combination of both however from local knowledge we are aware that most occupation annually is by caravans and campervans and that tent occupation is prevalent during the September/December/January school holidays, Easter and special weekends.

 

Therefore council may set a maximum figure of say 60 camping vehicles and tents during the holiday periods and a maximum of 30 at all other times.

 

The Regulations do not apply apart from the need to address bush fire warning and evacuation which is a significant issue. It is suggested that an appropriate consultant be engaged to prepare a report on possible protective measures, warning and evacuation plan.

 

Depending on the recommendations in the report the park may be retained in its present state with minor improvements and maintenance only. I reference at this point that council has resolved previously to upgrade the on-site waste management system on this site.

 

Council needs to be diligent in the control of the number of campers and to this end it is suggested that a booking system be introduced which may be bookings in advance or on the day by attendance at council offices or the information centre. The system needs to be designed in such a way that there is a recognised cut off point for booking at any time.

 

Recent Issues

 

Over the recent school holidays and particularly the Labour Day October long weekend there were significant issues at the Reserve with the septic tank failing and also with overflowing garbage.  As Council’s Ranger was not available to collect camping fees, a security contractor was employed to collect camping fees and there were a number of altercations with people refusing to pay the increased camping fees and then refusing to leave.  Council’s works staff were also abused when they attended the site to sort out the septic and garbage issues.  Arrangements will need to be put in place to ensure this does not occur during the Christmas holiday period.

 

It was also noted that a number of fires had been lit notwithstanding there was a total fire ban over part of the period.

 

Future

 

There have been a number of recent reports to Council as well as meetings of a Stakeholder’s group to consider the future use of the Reserve.

 

The most recent resolutions of Council have been:

 

From 13 March 2013

 

7/13 RESOLVED:

 

1        That Council note the proposal to lodge applications for the replacement of the on-site sewage management system at the Gumma (Boulton’s Crossing) Reserve with a permanent pump out arrangement and secondly to seek approval for the use of the Reserve as a camping ground under Section 68 of the Local Government Act.

 

2        That Council note the applications will come to Council with a report on estimated capital and recurrent costs and potential income prior to any decision being made with a report for determination.

 

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

 

8/13 Resolved:

 

That Council consider the appropriate fees for the Gumma (Boultons Crossing) Reserve when developing its 2013/14 budget.

 

From 10 April 2013

 

16/13 RESOLVED:

 

That Council charge $5 per child and $10 per adult per day, with fee collection to be carried out on a daily basis at the Gumma (Boulton’s Crossing) Reserve.

 

From 27 June 2013

 

45/13 RESOLVED:

 

1        That Council note the outcome of the stakeholder meeting held on 6 June 2013.

 

2        That Council resolve to close the section of public road traversing the Gumma (Boulton’s          Crossing) Reserve and attach Council’s seal to any documents as required.

 

3.       That Council acknowledge that the Gumma (Boulton’s Crossing) Reserve has existing use         rights as a camping ground.

 

Decisions about the future of the Reserve do require consideration of the estimated capital and operating costs and potential income as identified in the resolution of Council’s meeting on 13 March 2013.

 

Operating Costs

 

The long standing arrangement with the previous Committee of Management was that the Committee made an annual contribution to Council ($7,000 in 2010/11) in exchange for which Council undertook the mowing, garbage collection, toilet cleaning and on occasion attended to maintenance.  The operating costs which were borne by Council were not attributed specifically to the Reserve, being included in general reserves and town services budgets.  The time taken by Council staff obviously depended on the season and particularly school holiday periods.

 

The mowing of the Reserve is undertaken by contract at a current price of $198.00 (including GST) per mow.  It is estimated that the Reserve is mown about 12 times per year.  Therefore the total cost of mowing is approximately $2,400 per annum.

 

Council’s Overseer who is responsible for the Town Services crew indicates that the occupancy of the Reserve has changed over the years.  Now there tends to be campers there all the year round whereas in past years there were often lengthy periods when there was no camping.

 

In relation to the Reserves operating costs under the Committee of Management, putting aside whether or not the $7,000 contribution from the Committee of Management was sufficient to cover Council’s costs, the Committee did cover its costs and in fact at the time of hand over had a cash reserve in excess of $25,000.  This was achieved with a camping fee of only $12 per site per night.

 

With the demise of the Committee of Management and the requirement to change the septic system Council will incur other operating costs.  Firstly the collection of camping fees requires the daily attendance of a staff member and on weekends and public holidays this has to be paid for at overtime rates.  Secondly, if Council proceeds with the installation of a “pump out” septic system as indicated below, there will be on-going pump out costs.  The estimate is that in peak periods it will need to be pumped out every 5 days at a cost of $400 - $500. 

 

Operating Revenue

 

The previous camping fee was $12 per site per night with no limit on the number of people on a site.  In April, Council resolved to increase the fee to $5 per child and $10 per adult per day with daily fee collection.

 

Assuming an average of 2.5 persons per site, with a maximum capacity of 60 sites in peak holiday periods the Council’s new fee regime would provide a daily income of $1,500.  This would seem more than sufficient to cover operating costs.

 

It is recommended that Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.  Achieving compliance is easier with a site based fee than a fee which relies on someone trying to count people who may or may not be in attendance at the camp site.

 

Capital Costs

 

1        Septic System

 

Council needs to immediately replace the failed septic system or alternatively close the Reserve.

 

A pump out septic system as reported to Council’s meeting on 13 March 2013 has been sized and costed as follows:

 

·    Capacity Based on 80 Equivalent Persons (at peak holiday times it may be necessary to supplement with portaloos)

 

Maximum load

 

·       pedestals, 5 Basins + Portable camping toilets and Motor Home with removable cassettes

 

·    As referenced by AS 1547.2000 Appendix 4.2D an allowance of 65L per person per day for Bore Water should be accepted as a minimum.

 

Withholding on site

 

·       Maximum 7 days peak period but may extend longer in off peak periods

 

 

Calculations

 

(A)

Daily usage Peak referencing AS 1547.2000 Appendix 4.2D

80EP x 65L/EP  = 5200L/EP/Day –x 7 Day = 36400L/Week

 

(B)

Based on 1 Pedestals used twice daily 24L x 80 EP = 1920L Day

Based on 1 basins at 6L/Minute x 3 Minute use x Twice daily = 36L x 80EP = 2880L Day

Combined total of 4800L daily x 7 Days = 33600L/Week

 

(C)

Include 5 Portable Cassette Toilet empties @ 10L/each = 50L Day x 7 Days = 350L Week

 

Combined Total of B and C = 33950L / 7 Days

 

Pre treatment

 

·      It is recommended that a septic tank with Integral baffle be installed having a combined treatment and storage capacity of 7000L

 

Post Treatment storage

 

·      It is recommended that a post treatment storage collection well of a minimum of

25000L capacity be installed.

 

·      The post treatment collection well be vented to atmosphere to prevent explosive gas build-up and a high level alarm and light be installed with “whom to contact details”

 

Method of Disposal

 

·    The 25000L collection well be emptied each 5 day period during peak periods and as necessary during off peak periods

 

·       The 7000L pre treatment be emptied at the end of each peak period.

 

Design requirements

 

·    7000L all Purpose Septic Tank and 25000L collection well be raised so as 300mm above FFL of existing amenities or alternatively each tank has a bolt down sealed lid so as to prevent water ingress during periods of inclement weather/ flooding

 

·    Both tanks be fully vented to atmosphere with both Induct and Educt vents in accordance with AS3500.2003

 

·    A Mid level warning light 75% capacity  and a High level alarm and light 90% capacity be installed with relevant signage to advise “whom to contact”

 

·    A water meter be installed to the bore water supply system to verify consumption vs. disposal to ensure council is adequately and appropriately charged buy contractor.

 

·       Both Tanks require concrete toeing to prevent floating when emptied.

 

Estimated Costing

 

Council’s current contractor advises that based on 25000L an approximate price of $400 plus disposal charges.

 

Mid Coast Concrete Products

 

1 x 22,500 Litre Concrete Tank = $3,000.00 (includes 30% fly ash in concrete mix)

1 x Light Duty Cover Slab = $950.00 (includes 600 Dia “Gatic” Lid & PVC access couplings)

1 x Crane / Truck Delivery = $600.00

1 x External coating of Tank = $750.00

Total = $5,300.00 + GST

As per discussions they would install reinforcing stater bars to the outside base circumference to allow 3 to 4 cubic metres of concrete around the Tank when installing it (to prevent floating).

 

Everhard Industries

 

Based on 2 x 4000L Aqua Nova Poly Tanks in series to avoid integral baffle failure $5000

Mid and High Level alarm system $ 800

 

Labour, Materials and Machinery Estimated $20,000

 

Total Installation Estimate $31,100 plus GST

 

WHS note, soil removed for new tanks must be treated as contaminated and disposed of in accordance with regulations due to existing Septic Disposal Area

 

2          Replacement of Amenities

 

It has been previously reported to Council that the amenities are in poor condition and will need to be replaced in the foreseeable future at an approximate cost of $150,000.  Council has made several attempts for grant funding from Crown Lands Public Reserves Management Fund, so far without success.  It will be difficult for Council to fund the replacement of the amenities from its own funds.  This is the major discernible risk to Council and whether or not this risk is warranted depends upon the value attached to the Reserve in terms of tourism and its related economic benefits, its recreational benefit to local residents as well as an assessment of the likelihood of contributory grant funding or some other funding partnership.

 

Way Forward

 

The report advises that Council can now achieve regulatory compliance under the caravan and camping regulations with no change to the standard of service.

 

Council now needs to either commit to replacing the septic system or alternatively close the Reserve and remove the amenities.

 

It is recommended that Council commit to replacing the septic system with funding to be provided from the $28,300 held in the cash reserve passed to Council by the Committee of Management with the balance to come from currently unallocated funding in the Environmental Levy.

 

Once the septic system has been replaced it is recommended that Council seek expressions of interest for a contractor to be responsible for the daily operation of the camping reserve, including attending to its maintenance and the collection of camping fees.  It is proposed that the initial lease be for a relatively short term of 12-18 months to enable the collection of financial data, following which there would be a tender to operate the reserve for a longer period of say 3-5 years.

 

Council’s Manager Business Development who has considerable experience in tourism and business development has offered to undertake the necessary project management in relation to replacing the septic system and then developing a leasing arrangement to shift responsibility for the day to day operations to a contractor.  It is not considered the cost structures under which the Council operates (its award, overheads, etc) nor the potential political pressures which stakeholders can bring to bear is suited to operating what will essentially be a business.

 

Work required on access

 

Council staff have undertaken preliminary investigations into accessing the site and the attached report has been prepared by Council’s Plumbing Inspector in relation to work required on the access.  The report indicates that approximately $5,000 is required to improve the access and remove 3 trees.

 

CONSULTATION:

 

·          Previous reports to council have discussed the resignation of the 355 committee, offers of hand over to Government Agencies etc.

·          Council’s Plumbing and Drainage Inspector has carried out design work for the Onsite Waste Management System.

·          General Manager has had considerable input into the future of the reserve and established existing use rights.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The control of the reserve as a primitive camping site will prevent access or disturbance to sensitive areas and maintain the park in an ecologically sustainable manner.

 

Social

 

The recommendations should meet the expectations of people who use the Reserve for camping.  The proposed cap on the maximum number of sites may affect attendance at peak holiday times, but the level of service will continue largely unaltered.

 

Economic

 

A primitive camping area significantly reduces Council’s expenditure on upgrade and maintenance.  The pre-booking of sites reduces the need for collection of fees daily better resourcing staff.  Of concern to users is the present fee structure $5 per child/day and $10 per adult/day. It is recommended that Council revisit this.

 

Risk

 

If council seeks to allow the park to remain open to campers then the risks to people and the environment have to be managed.

 

Above all the existing septic system needs to be replaced or the Reserve should be closed.

 

Council must ensure that the required separation distances between sites are maintained to reduce risk of spread of fire

 

A Bush Fire Management/Emergency Evacuation Plan needs to be prepared.  Besides the risk of bush fire, the access to the Reserve also gets cut during major floods, with the potential for visitors to be cut off.  The cost of this should be able to be met from the camping fee revenue.

 

It should also be noted that the Reserve is crown land for which Council is trustee.  As such Council does not have absolute control of land where it will be investing funds.

 

 

FINANCIAL IMPLICATIONS:

 

These are discussed in the report.  The replacement of the septic system with a pump out system as well as the work on the access road can be met from the existing reserve of $28,300 plus $15,000 from unallocated funding in the Environmental Levy.

 

Source of fund and any variance to working funds

Based on the costs and funding identified there will be no impact on working funds.

 

Service level changes and resourcing/staff implications

Pre-booking frees up the daily round of collection particularly if campers are not at the site at the time.  It allows Council to track revenue even if day to day operations are contracted out.

 

Contracting out the day to day operations of the Reserve will free up a considerable amount of staff time, particularly for Council’s Rangers and Town Services staff.

 

Attachments:

1

23239/2013 - Gumma Reserve Campsites Map

 

2

26706/2013 - Report on Access Works and Tree Removal

 

  


Ordinary Council Meeting - 31 October 2013

Boulton's Crossing (Gumma Reserve)

 


Ordinary Council Meeting - 31 October 2013

Boulton's Crossing (Gumma Reserve)

 

 

ITEM HEADING           Tree Removal and Realignment of Part Boultons Crossing Road near Gumma Reserve   

 

 

 

AUTHOR/ENQUIRIES:     Dale Edwards  -  Trim  PRF54

 

SUMMARY:         

 

This proposal refers to the removal of 4 trees, 1 stump and light pruning of overhanging branches and road base stabilisation and widening adjacent to Warrell creek at Gumma Reserve entry road (Boultons Crossing road).  The removal of the nominated trees is to both allow safe access for heavy vehicle during the On Site Sewer Management facility upgrade due to the weight of vehicles and machinery, but also to unburden the effected river bank from load and stability during and following these works.

 

 

 

This report proposal has been determined in conjunction with S. Fowler (Engineering section ) following concerns raised by D .Edwards ( Development and Environment section) following a site visit to assess access and river bank stability for heavy and ongoing loads and remove risk of river bank collapse.

 

 

RECOMMENDATION:

 

That the trees indicated be removed/ pruned as aforementioned, that the road carriage way be widened as indicated in attached detail photographs to allow safe and reasonable access to continue without issue.

 

 

OPTIONS: Current option is best cost effective for Council, and will service necessary access. Alternative option is to relocate road carriageway further from riverbank , this will require additional tree removal and extensive road base stability works. Alternatively works may be carried out to stabilise river bank, this would be completed at extensive cost to council.

 

 

DISCUSSION: To be discussed and approved at General Manager/ Council level.

 

 

CONSULTATION: No necessary external consultation initiated to date

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment                            Limited impact, non-habitat vegetation, action required to prevent river   bank  damage during and after proposed works

 

Social                                      Partial realigned access with removal of trees will make access to reserve more inviting to persons traveling with larger vehicles/ caravans/ campers

 

Economic                                The economic benefit of these works may possibly open better access to the facility for campers and may provide an increase in revenue

 

Risk                                         The road way will require closure during ½ day of tree removal and additional road works may be carried out with minimum disruption to access

Text Box: Part 1

This section is opposite the highest river bank , the road is in close proximity to river bank , river bank has sustained tidal damage. This area requires 1 tree and 1 stump to be removed for road alignment. This area is of a high risk to future collapse of embankment.

 This area will require road base to be added for stability  to access.

Description: Description: C:\Users\dalee\Pictures\gumma road\IMG_0120 - Copy.JPGText Box: Part 2 

This area is adjacent to a lower bank which has been damaged by tidal waters. This area requires 1 tree to be removed and minor remediation and road base for access stability
Description: Description: C:\Users\dalee\Pictures\gumma road\IMG_0119 - Copy.JPGText Box: Part 3

This area is at the lowest river bank, 3 trees will require attention, 1 to be removed for safety    ( see part 4) , 
1 for access ( stump to be ground to level) and 1 to have lower over hanging branched pruned. 

This area should not require stabilisation of road base
Description: Description: C:\Users\dalee\Pictures\gumma road\IMG_0117 - Copy.JPGText Box: Part 3 close upText Box: REMOVE TREE, PRUNE OVERHANGING BEHINDDescription: Description: C:\Users\dalee\Pictures\gumma road\IMG_0114 - Copy.JPG

 

Part 4

 

This tree is adjacent to the roadway and requires removal for safety. ( as indicated in part 3)

 
Description: Description: C:\Users\dalee\Pictures\gumma road\IMG_0116 - Copy.JPG

 

 

 

 

 

 

 

 

Text Box: LOCALITY PLAN
Text Box: PART 3


PART 4


PART 2


PART 1
Description: Description: C:\Users\dalee\Pictures\gumma road\nscgis.jpg

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Extract from S.Fowler, Email 22 October 2013

 

Dale, today

The close proximity of the bank of Warrell Creek and recent evidence of localised collapse support the need to remove the 4 trees and 1 stump identified during our site visit today and moving the road alignment away from the bank.

Rick Watts estimates Langham’s tree service would charge $1500 for the removal of the trees.

I would allow another $2500 for 20 tonne of road base and one day’s work with the excavator to remove the stumps and widen the road where the trees are removed.

It would seem prudent to allow $5000 for the project.

These improvements which will not only facilitate the heavy vehicles required to install the new septic tanks but will make the road sustainable into the future for users of the reserve.

regards

 

Stephen Fowler

Engineering Designer

Nambucca Shire Council

 

 

 

 

 

Conclusion

 

To allow swift delivery of the OSSMS facility upgrade these works need to be conducted as a matter of urgency to meet project deadlines.

 

 

Dale Edwards

Plumbing and Drainage Inspector

23 October 2013


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.8     SF1915            311013        Private Swimming Pools - Inspection Regime

 

AUTHOR/ENQUIRIES:   Paul Guy, Manager Development and Environment         

 

Summary:

 

Due to the rising numbers of child deaths in swimming pools the Department of Local Government amended the Swimming Pool Act (2012) and amongst other things instituted a state wide Swimming Pool Register to be in place by 29th April 2013.

 

Councils were required to consult with their communities to develop and adopt an appropriate & affordable risk based inspection program by the 29 October 2013.

 

The purpose of this report is to clarify Council’s position with respect to the Legislation, time frames and current program status. 

 

 

Recommendation:

 

That Council note that its statutory obligations have been met with respect to the community consultation and further the actions of the Development and Environment section in instituting strategic planning for the control of private swimming pool safety.

 

 

OPTIONS:

 

With respect to the community consultation – nil

 

With respect to methodology - that alternative methodology be devised to meet Council’s strategic objectives and swimming pool safety.

 

 

DISCUSSION:

 

When the DLG road show with respect to the current legislation visited Coffs Harbour in early 2013 Councils Senior Building Surveyor attended.  Council’s 2022 Community Strategic Plan was presented to DLG officers where it was confirmed that council in advertising and adopting the Strategic plan had met its statutory obligations for community consultation and development of a risk based inspection program. Note that this was recognised as Council being pro-active with adjoining councils still developing their community consultation program.

 

Excerpt from Strategic Plan

 

6.1 Safe Buildings and Pools

 

Objective: To undertake building and swimming pool certification in an accurate and timely manner and also to undertake a risk based compliance program in relation to fire safety and the safety of backyard pools.

 

Strategic measures and bench marks were instituted

 

Since the introduction of the new legislation this section has been evolving the public information service:

 

a)      The web-site has been updated with current information relating to new legislation, owners responsibilities and pool safety measures

b)      A display of same was set up in the foyer for several months now downgraded to a counter display

 

Further the section has:

 

A)     compiled a ledger of known pools

B)     Through the most up to date aerial photography and GIS staff assistance we have identified/mapped many properties with pools

C)     Presently legal and illegal structures are being determined from those aerial photographs. Note that the legislation has different requirements for legal structures depending on the period in which they were constructed.

D)     Illegal structures – A swimming pool compliance inspection (pool safety being the priority)will be required.  A development application for use at this point in time is not a priority.

E)     Inspections for on-site waste management systems, ranger patrols and area health and building surveying reveal problematic pools which are checked in the system for approval and dealt with accordingly. They are registered for further action and enveloped in the inspection strategy

 

Two area Building Surveyors and plumbing and drainage inspector have been identified as the key field officers with the Senior Building Surveyor supervising and assisting as necessary.

 

Whilst it is feasible to carry out 20 property inspection per week the administrative and follow up procedures are time consuming.  Therefore a figure of 5 inspections per week is proposed which enables at current resource levels approximately 150 pools to be inspected annually.

 

From authority records councils has 223 pools registered and it is anticipated that there will be at least that additional number of unapproved pools within the shire. The inspection regime including pool safety upgrades will take approximately 4 years to complete.

 

Note that the Act requires council from the 29th April 2013  to carry out pool compliance inspections for ;

a)   Properties with a pool being sold or leased

b)   Tourist/visitor accommodation sites with a pool

c)   Multi-occupancy buildings with a pool

 

 

CONSULTATION:

 

Consultation has taken place with officers from the Department of Local Government.

 

The matter/procedures are being developed and implemented by Manager D&E and Senior Building Surveyor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil environmental effect

 

Social

 

Potentially saves lives

 

Economic

 

Economic considerations are not applicable to this issue based on the nature of the matter being resolved.

 

Risk

 

The legislation and standards for safe pool construction are comprehensive however from time to time site conditions prevail which lead to uncertainties and therefore risk. This is minimised by team discussion and decision.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Additional prioritised service functions which are funded by statutory application and inspection fees

 

Source of fund and any variance to working funds

 

Nil variance

 

Service level changes and resourcing/staff implications

 

Additional prioritised service functions which challenge distribution and provision of other service functions

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.9     SF1823            311013        Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 October 2013 to 18 October 2013

 

AUTHOR/ENQUIRIES:   Emma Shaw, Business Services Officer         

 

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.

Status report to Council meeting 16 October On-site briefing meeting held with JRPP 18 October 2013 – advice to be sought from applicant.

 

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

14 October 2013 Deferred Commencement Consent issued

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

18 October 2013 – Consent Issued

2013/123

06/09/2013

Secondary Dwelling

Lot 3 DP 1098113, 598 Gumma Road, Gumma

·     Northern elevation with largest window and verandah facing directly into main bath room and en suite – no privacy

·     Position of dwelling is 3.915 m from boundary close to neighbours

·     Wife works shift work with noise and dust during construction

·     Suggest southern end of dwelling more appropriate for new dwelling and would not impede on either neighbour with more room

 

Still awaiting information

 

Information received – site visit undertaken – consent to be issued

2013/092

29/08/2013

Health Services Facility & Subdivision

Lot 1 DP 1004209 & Lot 22 DP 1161807, Centenary Parade, Nambucca Heads

·     Zoned community land and should be left that way.

·     Should be located closer to other health facilities or other appropriate zonings

·     Only one entry and exit r oad (Centenary Parade) therefore increasing traffic to area and can be dangerous with lots of school children.

·     Parking an issue during carnivals etc

·    

2013/129

25/09/2013

2 Lot Residential Subdivision

Lot 8 DP 1031509, 125 Ocean View Drive, Valla Beach

·     Concerns about the environmental impact of further development

·     Removal of trees may cause damage to the escarpment area and further land instability.

·     Coastal erosion concerns

·     Conflicting issues from the 1995 LEP to the 2010 LEP regarding zoning and restrictions on the lot

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      31 October 2013

General Manager's Report

ITEM 8.10   SF1823            311013        Applications and Statistical Reports 2012-2013 - September 2013

 

AUTHOR/ENQUIRIES:   Emma Shaw, Business Services Officer         

 

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 13.66% Increase in the number of DA’s received to end September 2013 with construction costs increasing by 10.90% compared to the same period in 2012. The total number of DA’s/CD’s approved for the month of September 2013 was 25 plus 2 modifications.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

*Construction Costs of Approved DAs & CDs

Applications Approved (DA & CD)

January-September 2012

$30,616,248

158

Still working on getting program adjusted to include this

118

January-September 2013

$34,362,898

183

162

*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

September

33.22

32.50

38.27

70

11

 

#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                                                                                      31 October 2013

General Manager's Report

ITEM 8.11   SF1842            311013        Application For Special Rate Variation 2014 - 2015

 

AUTHOR/ENQUIRIES:   Monika Schuhmacher, Executive Assistant/Business Services Unit; Peter Wilson, Assistant General Manager Corporate and Community Services         

 

Summary:

 

A report informing Council of the community awareness and engagement program developed in relation to the proposal to apply for a special rate variation for 2014/15. The report also seeks Council’s endorsement of the rate variation scenarios identified as being appropriate for community engagement and input.

 

A PowerPoint presentation will also be made at the council meeting on the program.

 

 

 

Recommendation:

 

1.  That Council endorse the three rate variation scenarios of (a) to increase the ordinary rates by 6% in 2014/15, (b) to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years and (c) to increase the 2014/15 rates by the rate peg amount, which have been identified as being appropriate for community engagement and input. 

 

2.  That the presentation on the community awareness and engagement program be noted.

 

 

 

OPTIONS:

 

Not proceed with a community awareness and engagement program.

 

 

DISCUSSION:

 

Council resolved in September 2013 to seek community feedback on a proposal to apply for a Special Rate Variation in 2014/15.

 

The financial sustainability of local government is a key driver for the future. In 2011/12 25% of all councils were in a weak or very weak financial position. If nothing changes, 40% of councils will be rated Weak, Very Weak or Distressed by 2014/15.

 

It has also been confirmed that there is a large local government infrastructure backlog in NSW with the backlog estimated to be $7.4 billion as at 30 June 2012, with roads and related assets amounting to $4.5 billion.

 

Council faces a real and significant challenge in terms of maintaining and renewing its infrastructure with the backlog estimated to be $3,000 per capita or $57.9 million. Council has therefore identified special rate variation options specifically targeted towards improving road and bridge infrastructure.

 

The options are to increase the ordinary rates by 6% in 2014/15 or to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years. The yearly percentage increases are inclusive of a projected rate peg limit of 3%.  This additional rate income would be retained in future rating years.

 

The cumulative impact of the multiple two year option would result in the average Farmland rate increasing by $326 (18.7%), average Residential rate increasing by $114 (12.6%) and the average Business rate increasing by $216 (15.2%). The higher average rate increase in the Farmland category is a result of an adjustment to the income yield to correct the anomaly from 2012/13, when the category rate structure was changed from a Base to a Minimum rate.

 

The ‘do nothing’ option and leave next year’s increase to the estimated rate pegging amount of 3% will also be put to the community. However this option does not address Council’s long term financial sustainability.

 

 

CONSULTATION:

 

Council at its meeting held on 28 February 2013 noted the draft Community Engagement Program and timetable for the preparation of the Section 508A Rate Variation commencing in the 2014/15 budget year.

 

A further report and a revised Project Plan were considered by Council at its meeting held on 11 September 2013 at which Council resolved:

 

“1. That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of up to 3.00% for up to four (4) years from 2014/15.

2. That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.

3. That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan

4. Also there be a number of rate increase options considered including that Council undertake community awareness of a Section 508(2) application increase of 3.00% over and above the assumed rate peg for one year only being 2014/2015 with the rate then reverting to the previous level.”

 

The Division of Local Government issued Circular 13-44 and the Guidelines for 2014/15 special variation applications on 30 September 2013. IPART also released a Fact Sheet in October 2013 to guide Councils on how they will assess applications.

 

A Press Release was issued on 18 October 2013 inviting the community to have their say on the proposed rate increase and a Public Notice will appear in the local newspaper in the week of 28 October 2013 and 4 November 2013. Public Forums will be held in November at Bowraville, Macksville, Nambucca Heads, Scotts Head and Valla Beach. Information will also be available on the Council’s website. Submissions will be able to be lodged up to 4.00pm on Friday 29 November 2013.

 

A decision to proceed with an application will be made by Council at its meeting to be held on 11 December 2013. There will then be further consultation with all ratepayers in relation to the preferred rating option.

 

Notification to IPART of council’s intention to apply for a special variation is due on 13 December 2013.

 

Council’s IP&R documents will need to be adopted in February 2014 prior to submitting an application to IPART by the due date of 24 February 2014.      

 

 

SUSTAINABILITY ASSESSMENT:

 

TCorp has developed a definition of financial sustainability being:

“A local government will be financially sustainable over the long term when it is able to generate sufficient funds to provide the levels of service and infrastructure agreed with its community.”

 

The definition takes into account the effect ongoing change could have on a Council’s operating position and service levels over the long term. The definition brings together what TCorp considers are the key elements of financial strength, service and infrastructure requirements, and needs of the community. TCorp considers that this definition is concise enough to be remembered, whilst broad enough to cover the key aspects.

 

TCorp’s report into the Financial Sustainability of the NSW Local Government Sector (April 2013) assessed Nambucca Shire Council as having a WEAK Financial Sustainability Rating (FSR) and assigned a NEGATIVE outlook

 

For Councils assigned a Negative Outlook, TCorp provided some recommendations and areas of investigations to assist in improving the sustainability position. The recommendations include:

 

-     The need to source additional revenue, such as under an SRV, to improve financial flexibility

and to assist in reducing the Infrastructure Backlog

-     For Councils with the borrowing capacity, consider using debt funding to reduce the

Infrastructure Backlog and improve intergenerational equity

-     Devising programs and strategies to contain rising costs and improve efficiencies

-     Further improvement required in AMPs and integration into the Long Term Financial Plan

(LTFP)

-     Increasing spending on maintenance and infrastructure renewal, balancing this with the need

for capital expenditure on new assets.

 

The NSW Government Local Government Infrastructure Audit report (June 2013) confirms that there is a large local government infrastructure backlog in NSW and some councils face real and significant challenges in terms of maintaining and renewing the infrastructure that is critical to their communities and the NSW economy.

 

The total infrastructure backlog for all NSW councils was estimated to be $7.4 billion at 30 June 2012, of which $4.5 billion relates to roads and related assets and $1 billion relates to buildings. The Mid North Coast region had the second largest total reported backlog at $738.2 million and the combined backlog in the northern rivers and mid north coast area of NSW equates to 29% of the State total.

 

The infrastructure backlog is over $1,000 per head of the NSW population with the mid north coast region per capita rates just below $3,000.

 

The report states that there are a number of funding and financing strategies that may help councils to reduce their backlog and/or prevent the backlog increasing such as:

 

·    Borrowings – where there is capacity

·    Local Infrastructure Renewal Scheme (LIRS)

·    Special rate variations

·    Grants from other levels of government

 

The report states that a key option for councils to help address their infrastructure backlog is through a special rate variation, however it is unrealistic to believe that many councils will ever be able to address their backlog problem solely through additional rate increases.

 

Environment

 

Council’s Integrated Planning & Reporting (IP&R) documents address the quadruple bottom line of environment, social, economic and governance.

 

Social

 

Special Rate Variation would impact on existing ratepayers and pensioners.

 

Economic

 

Special Rate Variation would impact on existing ratepayers and pensioners.

 

Risk

 

TCorp’s report into the Financial Sustainability of the NSW Local Government Sector (April 2013) assessed Nambucca Shire Council as having a WEAK Financial Sustainability Rating (FSR) and assigned a NEGATIVE outlook.

 

NSW Local Government Infrastructure Audit Report (June 2013) assessed Council’s infrastructure management as MODERATE.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The option to increase the ordinary rates in 2014/15 by an extra 3.00% would generate additional ordinary income of $275,000pa. An increase in ordinary rates by an extra 3.00% in both the 2014/15 and 2015/16 financial years would generate an additional $580,000. Both options would also maintain general income at a new base level in the future.

 

Source of fund and any variance to working funds

 

Reflected in SRV Application and Long Term Financial Plan

 

Service level changes and resourcing/staff implications

 

Reflected in SRV Application and Long Term Financial Plan

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      31 October 2013

Corporate Services

ITEM 9.1     SF251              311013        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

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

2014

Ordinary Council Meeting

16/01/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

30/01/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

13/02/2014

Council Chambers

5.30 PM

Access Committee

25/02/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/02/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

13/03/2014

Council Chambers

5.30 PM

Access Committee

25/03/2014

Council Chambers -

2.00 PM

Ordinary Council Meeting

27/03/2014

Argents Hill

5.30 PM

Ordinary Council Meeting

10/04/2014

Council Chambers

5.30 PM

Access Committee

22/04/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

24/04/2014

Utungun Hall

5.30 PM

Ordinary Council Meeting

15/05/2014

Council Chambers

5.30 PM

Access Committee

27/05/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

29/05/2014

Scotts Head

5.30 PM

Ordinary Council Meeting

12/06/2014

Council Chambers

5.30 PM

Access Committee

24/06/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

26/06/2014

Council Chambers

5.30 PM

 

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                                                                                      31 October 2013

Assistant General Manager Engineering Services Report

ITEM 10.1   SF1031            311013        New Draft Policy - Road Signage on Public Land

 

AUTHOR/ENQUIRIES:   Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Council, at its meeting held on 14 August 2013 resolved to place the draft policy “Road Signage on Public Land” and associated new fees on public exhibition for a period of 28 days for public comment inviting written submissions up until 4.00pm Thursday 3 October 2013. 

 

In accordance with Council resolution the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated were sent a copy of the draft policy separately for comment.

 

The exhibition period has now closed, with no written submissions received from the community, the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated or Councillors.

 

 

Recommendation:

 

1        That Council adopt the new policy titled Road Signage on Public Land (Our Ref: 12436/2013) with the associated fees as follows:

 

a)       non-refundable application fee of $150.00 for processing the application

b)      a non-refundable licence fee of $250.00 for a 5 year approval period

c)       purchase of signage material and installation of the sign at Applicant’s cost.

 

 

OPTIONS:

 

Adopt the policy following the closure of the  public exhibition period as there were no comments received from the community, the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated nor Councillors.

 

 

DISCUSSION:

 

In accordance with Council’s resolution at its meeting held on 14 August 2013 the draft policy “Road Signage on Public Land” and associated new fees were placed on public exhibition for a period of 28 days for public comment encouraging written submissions up until 4.00pm Thursday 3 October 2013.

 

At the close of the exhibition period, no written submissions were received from the community, Councillors or the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated.

 

The policy, once adopted, will enable the provision of a standard for consistent, professional and durable signage as well as minimising the proliferation of signs throughout the Nambucca Shire.

 

The policy and guidelines are also consistent with the State Tourist Advisory Board Guidelines.

 

 

CONSULTATION:

 

Councillors

Community

General Manager

Assistant General Manager Corporate and Community Services

Strategic Planner

Manager Civil Works

Manager Technical Services

Manager Applications and Compliance

Manager Assets

Senior Town Planner

Senior Health and Building Surveyor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The new policy has no direct impact on the environment other than minimising the sign proliferation of signage clutter at intersections.

 

Social

 

The new policy has no direct social impact.

 

Economic

 

The new policy clearly sets out Council’s requirements for dealing with applications for road signage on public land managed by Council and has an economic benefit for tourist attractions within the Shire promoting their location and removing the proliferation of signs at key intersections.

 

Risk

 

The new policy will reduce Council’s risk with regard to maintaining its ability to maintain and control road signage on public land under its control.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

There are staff implications associated with this policy in administering the guidelines, however, there will be minimal impact as the guidelines are clear and concise.

 

Attachments:

1

12436/2013 - DRAFT POLICY - Road Signage on Public Land

0 Pages

  


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

ROAD SIGNAGE ON PUBLIC LAND

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

 

 

1.0       Policy objective

 

Council shall not approve non-Council directional or information signs on public/crown land under its custodian (including road reserves).  Applicants seeking approval for the erection of private information signage shall be advised to seek sites located on private property.

 

Council shall rationalise signage on public/crown land to minimise the proliferation of signs by restricting directional signage to genuine tourist destinations, sporting facilities, education facilities and accommodation providers, signage in information bays, tourist trail signage inside and outside of town boundaries, and signage to emergency/health facilities in accordance with the Tourist, Service and Community Facilities Signage Guidelines.

 

To minimise local directional signs at major intersections and permit only one sign to be erected for the purpose of providing tourist information.

 

 

2.0       Policy Statement

 

Council recognises the importance of developing and maintaining a network of consistent signage within the Shire. Consistent signage benefits local business, the community and visitors alike. Uncontrolled signage, on the other hand, has a negative impact on the experience of both residents and visitors to the Shire. Excessive and inappropriate signage detracts from the cultural heritage, environmental values, and residential amenity of the Nambucca Valley.

 

The primary purpose of directional signage is to assist the community and visitors to locate rural and urban roads with a secondary purpose to locate genuine tourist destinations such as sporting facilities, education facilities and accommodation providers, and signage to emergency/health facilities and services.

 

Council shall ensure that the rural and urban road signage complies with the Roads Act and Regulations and locality requirements within the Nambucca Local Government Area.

 

This policy has been developed to:

 

·          Provide a standard for consistent, professional and durable signage throughout the Nambucca Valley for the enhancement of the community and visitors ability to navigate the Shire using consistent directional signage to genuine tourist destinations, sporting facilities, education facilities and accommodation providers, signage in information bays, tourist trail signage inside and outside of town boundaries, and signage to emergency/health facilities.

 

·          The impact of an advertising message is severely reduced if it is in competition with numerous other signs. By reducing visual clutter and ensuring clear readable signage, Council aims to improve the overall effectiveness of signs in the Shire and to positively support a high quality image and streetscape character.

 

·            In the case of ‘fingerboard’ type signage, a maximum of four (4) signs (including the street name) will be permitted per signpost. The number of signposts per intersection will be strictly controlled by Council. To this extent Council acknowledge that there are a number of posts with more than four fingerboard type signs and that these signs shall maintain existing approval until they require replacement.

 

The following list prioritises the order in which future approved signs (effective from the adoption of this policy) will be considered at any location:

 

a        Street name or names on top

b        Community facilities

c        Other establishments in rural areas (ie winery)

 

Private applicants are required to fund the purchase and installation of their own Council approved signage, as well as the replacement of any damaged or deteriorated private signage. Council shall remove private signage that is redundant or no longer required.

 

·          Council recognises the role of sponsorship advertising in the development of recreational groups and sporting clubs and private business services, but at the same time recognises that the wider community has a right to expect that its open spaces and other areas of the public environment have a limited amount of advertising. To this extent, Council shall permit signage limited to the current style hoop signs with the purchase and installation costs at the applicant’s expense. Council shall reserve the right to decline the application based on environmental, safety and sight distance or the sign does not suit the site.

 

 

 

 

 

 

 

3.0       Related legislation

 

·          Roads Act 1993, Section 162

·          Roads (General) Regulation 2008

·          AS1742.5 -1997 Uniform Traffic Control Devices Part 5: Street Name and Community Facility Name Signs

 

 

4.0       Definitions

 

AS

-   Australian Standard

Council

-   Nambucca Shire Council

Ground Based Sign

-   a sign permanently attached to the ground on its own supportive structure independent of any building, but not including a pole or pylon sign

LTC

-   Local Traffic Committee

Pole or Pylon Sign

-   a sign erected on a pole, poles or a pylon independent of any building

Private Road

-   a road that runs through private property and is privately owned by a member(s) of the general public

Public Road

-   includes roads that are under Council ownership, care, control and management

RMS

-   roads and Maritime Services

Sign

-   shall have the meaning defined as any graphic, pictorial or written display

TASAC

-   Tourist Attractions Signposting Assessment Committee

 

 

4.1     Types of signs

 

For the purposes of this Policy there are three major types of road signs within the Nambucca Valley, identified as follows:

 

TYPE 1 - ANNEXURE A

 

Road street and directional signage (road signage in accordance with AS1742.5 -1997) Warning and regularity signage (road signage in accordance with AS1742.2 -1997 Traffic Control Devices for General Use)

 

TYPE 2 - ANNEXURE B

 

·      Tourist Attraction Signs (Brown and white)

·      Service Signs (Blue and white)

·      Community Facility Signs (Blue and white) AS1742.5 -1997 Uniform Traffic Control Devices Part 5: Street Name and Community Facility Name Signs

·      Guidelines for Tourism, Services and Facilities Signage

 

TYPE 3 - PRIVATE ADVERTISING SIGNS (Signs on private property)

 

Advertising on private property is subject to development applications and not encompassed within this policy

 

 

5.0       History and Background

 

With the exception of State Roads, Council is the authority responsible for signage within the Nambucca Local Government Area.

 

This policy was developed from a resolution of Council 3488/12 “That Council develop a policy in relation to the erection of signs on public land” emanating from a request to install a school information sign on a road reserve.

 

 

 

 

 

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

Assistant General Manager Engineering Services

 

3448/12

Document No.

 

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

July 2016

 

 

 

This page left intentionally blank


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

NAMBUCCA SHIRE COUNCIL

 

ANNEXURE A - TYPE 1 SIGNS

 

ROAD/STREET DIRECTIONAL WARNING AND REGULARITY SIGNAGE

 

 

There are five (5) different types of roadway signs.  These include:

 

·      Regulatory signs

·      Warning signs

·      Information signs

·      Miscellaneous signs

·      Construction signs (these are generally temporary signs related to construction actions by Council or others)

 

Regulatory Signs

 

Council does not approve regulatory speed limits within the shire; such approval rests with the Roads and Maritime Services (RMS).  Council may implement temporary speed limits adjacent to road works from time to time.

 

Council staff will work with the applicant and gather the pertinent facts for requested changes/additions to regulatory signage.  A report may be prepared and submitted to the Local Traffic Committee, who will make a recommendation to RMS.

 

Regulatory signs include but not limited to; stop signs, give-way signs, school crossings, hospital, pedestrian, handicap parking, loading, speed limit signs, no parking signs, etc.

 

 

Stop sign      Give Way sign      pedestrian crossing sign      speed limit sign

 

 

Warning Signs

Warning signs are used when it is deemed necessary to warn traffic of existing or potentially hazardous conditions on or adjacent to a roadway.  This guideline outlines Council’s stance on requests for the installation of new signage.

 

Warning signs will only be considered in the following circumstance and remain subject to budgetary and resource availability constraints:

 

a    Speed Advisory Warning Sign - In conjunction with another warning sign where geometrics or operating conditions warrant a reduced speed.  Generally not to be installed on roads with a classification lower than Collector and only where defined speed is less than 70km/hr on Collector and Sub-Arterial Roads, and less than 100km/hr on Arterial Roads.

 

b    Curve or Turn Warning Sign - Installed in locations when inadequate sight lines warrant. Installed when a roadway turns at a right angle, or where the defined radii of the curve indicates an 85th percentile speed of less than 40km/hr.

 

c    Blind Driveway Warning Sign - Installed on collector or arterial roadways where the speed limit is 60km/hr or greater and inadequate sight lines warrant.

 

d    Pedestrian, School, School Crossing, and School Bus Stop Warning Signs - Installation in accordance RMS Guidelines.

 

e    Advance Crossing Warning Signs (Kangaroos, Bicycles, Etc.) - Not installed on <60km/hr roadways.  May be installed on collector or arterial roadways with a speed limit of 60km/hr or greater only where a high incidence of the event occurs.

 

f     Senior Citizen Warning Signs - Installed on any street in the vicinity of a senior citizen housing project, nursing home, residential care facility or other locations generating crossings by seniors.

 

g    Crest Warning Sign - Installed in advance of a downgrade where the length percent of grade, horizontal curvature or other physical features require special precautions on the part of drivers and only on roads classed as Collector or higher, unless specific risk assessment warrants.

 

h    Stop Ahead, Give Way Ahead, and Signals Ahead Warning Signs - installed on approaches where the traffic control sign is not continuously visible to the driver.

 

i     Chevron Alignment Warning Sign - Installed to give notice of a sharp change of alignment with the direction of travel, and only on roads classed as Collector or higher, unless specific risk assessment warrants.

 

j     No Though Road Warning Signs - Installed where a roadway terminates in a dead end or where a turn-about is necessary to return to a point of origin.

 

Examples include:

 

·      Speed advisory warning sign

·      Curve or Turn warning sign

·      Blind Driveway warning sign

·      Pedestrian, school, school crossing, and school bus stop warning signs

·      Advance Crossing warning signs (kangaroos, bicycles etc)

·      Crest warning signs

·      Stop Ahead, Give Way Ahead, Signals ahead warning signs

·      Chevron alignment warning sign

·      No Through Road warning sign

 

 

intersection sign            wildlife sign

 


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

NAMBUCCA SHIRE COUNCIL

 

ANNEXURE B - TYPE 2 SIGNS

 

TOURIST, SERVICE AND COMMUNITY FACILITIES SIGNAGE GUIDELINES AND APPLICATION FORM

 

 

 

These guidelines are for the provision of signposting to recognised tourist attractions and visitor service facilities throughout the Nambucca Valley.

 

They have been developed to:

 

·          provide signage standards

·          identify who is responsible for provision and maintenance of signage, and

·          determine what is necessary to meet the needs of visitors

·          limit the size, clutter and inefficiency of uncontrolled and inappropriate signs, which create aesthetic and safety problems, whilst encouraging more effective signs through the adoption of a uniform approach to signage throughout the Shire

 

 

APPROVAL

 

Responsibility for approving information and directional signage depends on the type of road on which the signage is located.  The State Government, and specifically the Roads and Maritime Service (RMS) has responsibility for designing and approving the location of signage placed within the road reserve on the motorways, state and regional roads.

 

Nambucca Shire Council has responsibility for the design and location approval of signage placed within the road reserve on local roads only.  The NSW Tourism Attraction Signposting Assessment Committee (TASAC) has developed the Tourist Signposting manual with guidelines for State and Regional roads. Council generally applies these guidelines for local roads also.

 

Applications for State and Regional roads need to be made direct to TASAC, while local roads must be submitted to Council utilising the TASAC application form.  Accommodation providers will need to apply to Council utilising the Accommodation Signage Application form attached and provide evidence of approval as a registered facility such as a Development Application. This signage will only be approved for installation on the closest local road intersection to the facility.

 

Details about how to obtain these guidelines and about the approval process for informational and directional signs are available on Councils website at www.nambucca.nsw.gov.au or from Council Administration Centre.  Facility owners/operators are responsible for getting all necessary approvals and paying all costs involved with information and directional signage.

 

 

PERMITS

 

A Council permit is required for informational/directional signage.  These permits grant the right to use the portion of road reserve for a period of 5 (five) years, after which time the appropriateness and efficacy of the sign may be reassessed.

 

Information and directional signage shall always remain the property of Council. Applicant’s fees are for the cost of manufacture and installation and for a permit to display such signage.

 


Council maintains the right to replace, or remove any sign installed on roads under its control when any of the following occurs:

 

§ the applicant no longer conforms with the conditions of the sign approval

§ the sign is in a poor state of repair

§ there is a demonstrated need for aggregating signs in a particular location

§ Council needs to resume the land

 

Should Council need to replace or remove a sign, the applicant will be notified in writing 21 days in advance of that action.  The need for sign repairs or replacement, for any reason, shall be at the discretion of Council.

 

The cost for maintaining signs, including damage or vandalism, replacement, reinstatement and/or re-erection will be the responsibility of the owner/operator of the facility to which the sign refers.  A sign permit is granted for the original sign-face design.  The sign-face cannot be altered in any way. Any alteration to a sign design is subject to a new application, which may or may not require a new sign permit.

 

 

 

 

 

 

Directional signs to Tourist Attractions have white lettering and symbols on a BROWN background.

 

 

 

  

 

 

 

Directional signs to Tourist Services and Facilities have white lettering or symbols on a BLUE background.

 

 

 

 

OBJECTIVES

 

The objectives of these signage guidelines are:

 

·         to encourage the provision of an efficient information system, designed as a ‘family’ of coordinated and complementary signs throughout the Shire, which meet the requirements of tourism operators and the travelling public

·          to ensure a uniform and consistent approach to the design, construction and erection of signs throughout the Shire, with a view to eventually eliminating the proliferation of different types of signs, which are becoming increasingly confusing and ineffective to motorists travelling from one area to another

·          to limit the proliferation of road signs to preserve the prime aesthetic values of the landscape and environment

·          to encourage the removal of unauthorised or unnecessary signs which:

o    cannot be read effectively

o    threaten road user safety

o    interfere with the message of legitimate signs

o    clutter the landscape

o    reduce the aesthetic and natural beauty of the Shire

·          to ensure that, from a road safety point of view, signs incorporate ‘glance appreciation’ qualities incorporating uniform, elementary shapes and colours, with simple and concise messages using internationally recognised symbols wherever possible. (‘glance appreciation’ means being able to readily interpret the information on a sign with only a momentary ‘glance’ by the driver at the prevailing road speed.)

·          to ensure that the fundamental purpose of signposting tourist attractions and service facilities is always maintained. It must be remembered that the main purpose of signs is to confirm the location of, and not advertise, tourist attractions and services

·          to rationalise and simplify signage standards, to ensure that all businesses operate under the same controls or restrictions concerning tourist attraction and service facility signs

·          to ensure that signs are uniformly used as a means of confirmation for the motorist of tourist attractions and service facilities in a given area

·          to ensure that existing signs are properly maintained and continue to project a positive image of the venue and the Shire

·          to ensure that the value of tourist attraction and service signs are not diminished by ensuring that only those attractions and services that meet the essential criteria are signed

·          standards comply with both national and international standards. The signs and associated symbols and colours, therefore, have the advantage of national and international recognition, which benefits local operators and visitors alike and transcends language barriers

 

   

 

 

Existing signs located at Winifred Street Macksville

 
 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed replacement sign board at

Winifred Street Macksville

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


SIGN TYPES

 

Directional signs for recognised tourist attractions and service facilities should meet the minimum essential criteria. Tourist attraction signs cover such areas as:

 

·          Commercial tourist attractions

·          National Parks

·          Natural Features

·          Wineries that provide tastings and cellar sales (includes Breweries and Distilleries)

·          Historic sites and towns

·          Aboriginal Heritage

·          Scenic or themed Tourist Drives

·          Conservation parks/botanic gardens

·          Historic sites/buildings/towns

·          Scenic lookouts

 

Tourist attraction signs are only available to establishments recognised as being of significant interest to tourists.  Essential criteria has been developed to assess tourist attractions in order to determine whether a tourist attraction sign is recommended.

 

In order to qualify for tourist attraction or service signage, it is a primary requirement that the core business is based on tourism and has a strong commitment to service visitors. Arts and crafts establishments, nurseries, garden centers, food and produce retail shops and the like are generally not endorsed as a tourist attraction unless they offer a significant value added visitor experience such as having a well known artist in residence, providing demonstrations or tours of premises.

 

Service Facilities signs cover such areas as:

 

·          Accommodation facilities (including Caravan Parks and Camping Facilities)

·          Visitor Information Centres

·          Tourist Information Radio

 

Signs

 

 

 

There are many other service facilities that are signed for motorists in rural areas that are general motorist facilities and for which there are no assessment criteria.  These include fuel, airports, cafes, restaurants, golf courses, parking, rest areas, boat ramps etc.  Australian Standard symbols exist for all of these facilities and should be used as required.

 


Tourism signage can occur in a number of forms:

 

Advance warning -signs provide motorists with advance information on the upcoming tourist attraction or service facility.  These signs, showing the name of the attraction, are usually required and placed on high speed roads or where advance warning is necessary for road safety reasons (eg: road bends, blind corners etc).

 

Intersection signs - are placed at key road intersections to indicate the actual turn off to tourist attractions or service facilities.

 

Fingerboard signs - are placed at minor road intersections to indicate the turn off to tourist attractions or service facilities.

 

Position signs - are placed at the actual location of the tourist attraction or service facility. These are generally only used when the facility or attraction is not obvious from the roadside.

 

Route marker signs - are mainly used for State Tourist Drives and Themed Tourist Routes. The signs are generally placed before and after a major intersection and reinforced by route numbering shields at intervals to reassure motorists that they are still travelling along the designated route.

 

COLOUR

Signs shall comply with Australian standards for uniform signage, and shall have uniform colour coding so that road users can instantly recognise the type of sign and information offered wherever they travel in the Shire. For example:

 

·          all tourist service signs must have white lettering and symbols on a blue background

·          all tourist attraction signs must have white lettering and symbols on a brown background

 

WORDING

Signs should generally display a clear, accurate and succinct message, which is simple and easy to read and comprehend. Signs are most effective when they are well designed and clearly legible, both at a distance and at the prevailing road speed in accordance with the Australian Standard.  This way signs become much more consistent and user friendly.

 

The size of lettering on signs is most important. Having standard lettering sizes (and styles) on all signs minimises the confusion and ultimately provides signs that are consistently easier to read.

 

SYMBOLS

The use of Australian Standard and other internationally recognised symbols indicating tourist service facilities and tourist attractions shall be used. Australian Standard and International symbols are used by all authorities throughout Australia.  They are uniform in design and are being adopted universally.  They are easily understood at a glance, even by non-English speaking people.  This makes signs an effective means of communication for our ever increasing numbers of international visitors.

 

Distances where practicable to tourist attractions or service facilities shall be included on signs.  In many cases, the most important or critical feature of a sign designed to encourage people to visit an attraction or service facility is an indication of the distance required to travel from that point.

 

SIZE

The optimum size of a sign is dependent on the motorists’ ability to interpret the sign from a distance.  It is therefore, important that signs are provided of a size and at intervals compatible with the prevailing road speed.  Australian standards allow for a number of varying standard sizes for signs, depending upon the sign’s location, purpose and speed of approach.

 

SHAPE

A sign’s shape is also an important component in the overall design.  Limiting the range of sign shapes to a small number will provide additional consistency and uniformity, which is ultimately far less confusing to the traveller.

 


LOCATION

It is important that signs are located such that they do not interfere with the safety of all road users.  Signs should be carefully positioned such that:

 

·          they do not obstruct a driver’s view of the road

·          they do not obstruct other traffic or pedestrians

·          they do not form a confusing background to normal regulatory traffic signs and signal

·          stacking signs is avoided in high use areas. (Where there is a concentration of tourist attractions or service facilities at a particular turn-off, it may be appropriate to provide information bays in strategic locations)

 

NUMBER OF PERMISSIBLE SIGNS FOR A BUSINESS

Although it is acknowledged that ‘the more signs the better’ argument can greatly increase the viability of local businesses, particularly those catering to the visitor and travelling motorist, it must be remembered that tourist attraction and service signs are provided not for advertising purposes but as a traffic management tool to help visitors get off the main road quickly and safely.

 

To avoid signage proliferation and to ensure commercial equity, each business shall be signed only from the nearest major road, and that confirmation signs be positioned only along the major access routes to the business.

 

Tourist attraction and service operators should then be encouraged to make maximum use of the area’s Visitor Information Centre, roadside information bays and similar outlets to promote the location of their business.

 

CONSTRUCTION MATERIAL

Council as the road consent authority shall provide the supply and erection of the signage at the cost of the applicant.

 

Poor methods of construction can cause dangers to road users and pedestrians, particularly if they are low, have sharp edges or are not designed to collapse on impact by a vehicle.  It is important therefore that signs throughout the Shire are constructed from similar materials.

 

PROHIBITED SIGNS

All signage placed within the road reserve without the approval of Council is prohibited.  This includes:

 

·          items attached to trees, power poles, telecommunications poles, existing signage poles etc

·          any sign on a vehicle (whether registered or not) which is used principally as an advertisement rather than as a vehicle

·          any sign or bill poster placed within the road reserve (e.g. power or telecommunications poles, existing signage poles etc)

 

Cultural or political event signage, such as festivals or elections, is permitted for up to two weeks prior to the event and requires removal within one week after the event.

 

 


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

 

GUIDELINES FOR TOURISM,

SERVICES AND FACILITIES SIGNAGE

 
 

 

 

 

 

 

 

 

 


 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

 


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

With reference made to:

 

The NSW state-based Tourism Signposting’ guidelines.

 

 

Disclaimer:

 

The Nambucca Shire Council has taken every measure to supply complete and accurate information but cannot be held responsible for its use.  Council reserves the right to make changes to this document and the processes contained within it without notice.

 

 

© Copyright and use:

 

The Bega Valley Council has given permission for Nambucca Shire Council to use the information contained within this document.  Other authorities are required to obtain written permission from the Nambucca Shire Council prior to use.


TABLE OF CONTENTS

Foreword. 19

1               Introduction. 19

1.1        Guidelines, Objectives and Strategies. 19

2               Why have guidelines?. 20

2.1        The need for guidelines. 20

2.2        Outcomes and benefits. 20

3               Signage roles and administration. 20

3.1        Overview.. 20

3.2        Role of the State based Tourist Attraction Signposting Assessment Committee (TASAC) 21

3.3        Role of Nambucca Shire Council as the road authority. 21

3.3.1      Council’s Engineering Services Department 22

3.3.2      Council’s Development, Environment & Community Services Department 22

3.3.3      Permits, costs and ongoing maintenance. 22

4               Types of road signs. 23

4.1        Tourist attraction signs. 23

4.1.1      Gateway/introductory signs (tourist) 24

4.1.2      Advance signs (tourist) 24

4.1.3      Intersection signs (tourist) 25

4.1.4      Position Signs (Tourist) 25

4.1.5      Route Reassurance Signs (Tourist) 25

4.1.6      Route Markers (Tourist) 26

4.1.7      Temporary Signs (Tourist) 26

4.2        Services signs. 27

4.2.1      Advance signs (service) 28

4.2.2      Intersection Signs (Service) 28

4.2.3      Position Signs (Service) 28

4.3        Community Facilities Signs. 29

4.4        Advertising Signs. 30

5               “As of Right” signs and prohibited signs. 31

5.1        “As of Right” Signs. 31

5.2        Prohibited Signs. 31

6.              Design, construction, location and number of signs. 31

6.1        General 31

6.2        Sign Design. 31

6.2.1      Symbols. 32

6.2.2      Logos. 33

6.3        Construction Materials. 33

6.4        Location. 33

6.5        Number of Signs. 33

7               Festival and Event Temporary Signage. 33

8               Cost, ownership, permit period, installation and maintenance of signs. 34

8.1        Overview.. 34

8.2        Application Fees. 34

8.3        Ownership. 34

8.4        Permit Period. 34

8.5        Installation. 34

8.6        Maintenance. 34

9               Eligibility for tourism signage. 35

9.1        Criteria for Tourist Attraction Signage. 35

9.2        Essential Criteria. 35

9.3        Desirable Criteria. 35

9.4        Automatic Eligibility. 35

9.5        Specific Criteria. 35

9.5.1      Golf Courses. 35

9.5.2      Art Galleries and Craft Outlets. 35

9.5.3      Museums and Historic Properties. 36

9.5.4      Primary and Secondary Industry Based Attractions. 36

9.5.5      Wineries. 36

9.5.6      Seasonal Attractions. 36

9.5.7      National Parks, State Forests and Reserves. 36

9.6        Tourist Accommodation Signage. 37

9.6.1      Tourist Accommodation Signage in Urban Areas. 37

9.6.2      Tourist Accommodation Signage in Rural Areas. 37

9.6.3      Criteria for Tourist Accommodation Signage. 37

9.7        Specific Criteria. 37

9.7.1      Caravan Parks. 37

9.7.2      Camping areas. 38

9.7.3      Bed and Breakfast Establishments. 38

9.7.4      Farmstays/Host Farms. 38

9.7.5      Resorts. 38

10             Eligibility for services signage. 38

10.1      Criteria for Service Signage. 38

10.2      Miscellaneous. 39

11             How to apply for signs. 39

11.1      Overview.. 39

11.2      Sign Permit 40

11.3      Sign Installation. 40

11.4      Sign Maintenance. 40

12             Rationale. 40

12.2      Rationalising Signs. 41

12.3      Additions to Tourist Signs. 41

13             Driving experiences. 42

13.1      Overview.. 42

13.2      How to apply for a “Driving Experiences” themed route. 42

14             Information/interpretation signs and services. 42

14.1      Welcome Signs. 42

14.2      Visitor Information Centres. 43

14.3      Information Bays. 43

14.4      Information/Interpretation Shelters and Signs. 44

14.5      Visitor Display/Guide Boards. 45

15             Appendix A Definitions. 47

16             Appendix B Principal contacts for signposting. 49

17             Appendix C Organisation abbreviations. 51

18             Appendix D – Sign permit example (where Council is the road authority) 53

19             Appendix E – Application form (where Council is the road authority) 57

20             Appendix F – Sign Templates. 59

 


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

This page left intentionally blank

 


Ordinary Council Meeting - 31 October 2013

Error! No document variable supplied.

 

Foreword

 

Signposting within the road reserve is one of the more significant issues within the tourism industry in the Nambucca Shire Council area because most of the businesses are small to medium enterprises located on roads that take advantage of the area’s natural and scenic landscape.

 

Nambucca Shire Council hopes through discussions with the Chamber of Commerce and Tourism Board that it will lead to an improvement in the quality of tourist and services signage throughout the Local Government Area and provide an added contribution to the success and promotion of the tourism industry.

 

These guidelines are designed to meet the needs of tourism and service businesses while still upholding the basic principles of traffic management and road safety, as well as protecting the Valley.

 

 

Statement of Intent

 

The Nambucca Shire Council considers signage to be a very important issue and strives to maintain the highest quality standards.  Council expects private enterprise to also meet these standards.

 

Generally, there are two determining authorities relating to tourist and service signage approvals The Roads and Maritime Services (RMS) and Nambucca Shire Council.  Depending on the location of the required tourist, facility or service signs, one or both of these organisations may need to be involved in the application process.  This document explains how to make applications and who to contact for each situation.

 

 

1        Introduction

 

1.1     Guidelines, Objectives and Strategies

 

These signage guidelines are designed to provide visitors with clear and comprehensive directions to the many tourist establishments and services catering to travellers needs.  They clearly define the process by which operators can apply for directional signs on State, Regional and Local roads.

 

Text Box: Important Note:

 

These guidelines have been produced solely for the Nambucca Valley Local Government Area and relate only to roads where Council is the Road Authority.  If signs are to be placed on major RMS or “classified” roads such as the Pacific Highway, the application process for those particular signs is administered by the RMS directly through the Tourist Attraction Signposting Assessment Committee (TASAC).

 

These guidelines do not apply to signs placed on private land.  Where signage is proposed on private land these are controlled by State Environment Planning Policy 64 Advertising and Signage and Council’s Development Control Plan.

 
 

 

 

 

 

 

 

 

 

 


These guidelines will not only maintain the technical standards important to road safety and motorist comprehension, but establish a cooperative signage process for local government and tourism operators.

 

The objectives include:

 

·         improved awareness and access to tourist activities and facilities for travellers

·         increased business activity for tourist and service operators

·         a high standard of coordinated and complementary directional signage

 


In addressing this objective, these guidelines aim to:

 

·         emphasise that tourist signage is directional, not promotional (i.e. not for advertising purposes)

·         recognise the tourism strategies as principal points of reference in developing and enhancing signage schemes

·         ensure ease of visitor navigation by using the most effective combination of tourist and services signs, direction signs, marketing/promotional material and the Visitor Information Centre

·         adopt technical standards which not only facilitate motorist recognition and comprehension but meet road safety objectives and requirements

·         provide consistent application and administration across the Council area

·         a seamless transition between signposting on the classified (RMS) and unclassified (Council) road networks.

 

 

2        Why have guidelines?

 

2.1     The need for guidelines

 

Tourist and services signs are primarily provided for the guidance of travellers and to facilitate safe, efficient and orderly travel.

 

Road signs are the final directional link in a communication process between the destination and the traveller a process that should also include motivational and other support marketing material like brochures and advertising.

 

The specific role of tourist and services signs is to:

 

·         Give advance notice of attractions and services, particularly where a change in direction is required;

·         Reassure travellers that they are travelling in the right direction;

·         Give immediate notice of an attraction or service and facilitate safe access; and

·         Direct travellers to sources of tourist information, such as the visitor information centre, information bays, interpretation centres and rest bays.

 

2.2     Outcomes and benefits

 

The expected outcomes and benefits of these guidelines include:

 

·         a signage system which adds value to tourism development and promotion strategies and, in particular, contributes to enhanced visitor experiences, longer stays and greater tourism income in the Nambucca Valley

·         the adoption and implementation of high quality, uniform tourist and services signage practices throughout the Nambucca Valley

·         a clear definition of the roles and responsibilities of all stakeholders, including administrative, financial, implementation and maintenance responsibilities

·         the opportunity for the Nambucca Shire Council to brand and promote the area

 

 

3        Signage roles and administration

 

3.1     Overview

 

Tourist signposting cascades down from the State Government, which has responsibility for signing state roads such as the Pacific Highway to Local Government, which has responsibility for signing local and regional roads.  Depending on what type of sign is required and where, tourist attraction and services signing throughout the Nambucca Valley may involve the Roads and Maritime Services (RMS) either directly or through the Tourist Attraction Signposting Assessment Committee (TASAC), the Tourism Board and tourism operators.  Each group has specific responsibilities in relation to signage.

 

3.2       Role of the State based Tourist Attraction Signposting Assessment Committee (TASAC)

 

In NSW the RMS has established TASAC to evaluate applications for tourist attractions signposting on state roads (ie, the Pacific Highway).  This committee’s role is to ensure that adequate, consistent signposting is provided to the motoring public within the framework of a total statewide tourist information system.

 

TASAC is responsible for determining the eligibility of attractions for tourist signposting while the RMS is responsible for determining the design and location of tourist signs.  In some cases, due to local circumstances, it might not be possible to install signs for a tourist attraction, notwithstanding the fact that an application has been deemed eligible by TASAC.

 

Attractions eligible for tourist signposting must be open for casual (i.e. unbooked) visitors for six hours each day and for a minimum of five days per week including both Saturday and Sunday.  Attractions must also meet a number of other general and category specific requirements.

 

Eligibility for tourist signposting is current for five years.  After that time operators are required to demonstrate that their attraction continues to satisfy the relevant eligibility criteria.

 

Applicants are responsible for meeting the costs of tourist signs and related infrastructure associated with their applications and to fund the maintenance of their tourist signs.

 

Where an attraction is located on the local