NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

30 January 2014

 

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 AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

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 - 30 January 2014

 

Acknowledgement of Country            (Mayor)

 

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

 

AMENDED AGENDA                                                                               Page

 

1        APOLOGIES

2        PRAYER  - Pastor Peter Lott from the Christian Life Centre

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 16 January 2014................................................................................. 6

5        NOTICES OF MOTION

5.1     Notice of Motion - Review of Code of Meeting Practice (SF271, SF1031).......................... 15

5.2     Notice of Motion - Hyland Park Electricity (SF869)--DELEGATIONS.................................. 16

5.3     Notice of Motion - Request for Leave - Cr Morrison 3 March to 3 April 2014 Inclusive (SF1788)    19

5.4     Notice of Motion - Approval of Small Donations (SF24)................................................... 20  

6        DELEGATIONS/PUBLIC FORUM

5.2     Notice of Motion - Hyland Park Electricity (SF869)............................................................. 16

i)           Mr Robert Baker - objector

ii)          Mr Michael Siford – objector

 

9.3     Request to Acquire a Small Section of Gordon Park, Nambucca Heads -............................. 36

i)        Mrs Kelli Leckie – applicant

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013........................................................................................................ 21

9.2     Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013..................................................................................................................................... 28

9.3     Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie--DELEGATION................................................................................................................ 36

9.4     Planning Proposal LEP Amendment no. 17 Reclassification of Bowraville Folk Museum.... 45

9.5     Our Living Coast Program Website and Environmental Levy............................................. 47

9.6     Minutes of the Access Committee meeting held 3 December 2013.................................... 50

9.7     Outstanding Actions and Reports.................................................................................... 54

9.8     2013 December - Development Applications Received..................................................... 61

9.9     Outstanding DA's greater than 12 months, applications where submissions received not determined from 6-17 January 2014................................................................................................... 63

10      Assistant General Manager Corporate Services Report

10.1   Investment Report To 31 December 2013......................................................................... 70

10.2   Schedule of Council Public Meetings............................................................................... 75

10.3   Adoption Of Draft Policy - Rates Hardship...................................................................... 76


11      Assistant General Manager Engineering Services Report

11.1   2014/2015 NSW Rural Fire Services 'BID'......................................................................... 83

11.2   NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14................................. 91

11.3   Capital Works Report - 1 July 2013 - 31 December 2013................................................. 106

11.4   Pacific Highway (Nambucca Heads to Urunga) - Assets Handover................................... 116

11.5   Tender No T221314MNC Supply and Delivery of Bulk Cationic Rapid Setting (CRS) Grade Bitumen Emulsion...................................................................................................................... 122

11.6   T008/2013 South Macksville Sewerage Stage 2 - Construction of New Sewage Pump Station PS16 and Rising Mains RM 16A & B............................................................................................. 124    

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

12.1   Tender No T221314MNC Supply and Delivery of Bulk Cationic Rapid Setting (CRS) Grade Bitumen Emulsion

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.

 

12.2   T008/2013 South Macksville Sewerage Stage 2 - Construction of New Sewage Pump Station PS16 and Rising Mains RM 16A & B

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.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 January 2014 COMMENCING AT 5.30 PM

The following document is the minutes of the Council meeting held on 16 January 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 January 2014 and therefore subject to change.  Please refer to the minutes of 30 January 2014 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Paula Flack

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

ApologIES

 

Cr Kim MacDonald

 

PRAYER

 

Pastor Peter Lott, Nambucca Christian Life Centre, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 11.3 Water Quality Monitoring in relation to Mining Activity under the Local Government Act as Cr Flack ‘s family property is within the Antimony mining exploration area (EL8016). 

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 Valla Quarry Environmental Management Audit Report – Period 2 October 2012 to 1 October 2013 under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this Quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 December 2013

1/14 RESOLVED:  (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 11 December 2013 be confirmed.

 

 

 

 


NOTICE OF MOTION - CR Flack - LATE

ITEM L.1      SF1933              160114      Notice of Motion - DA2013/170 Boundary Adjustment, Erection of Shed and Operate Depot on Rural Lot - Lot 2 DP 881651 - 296 Valla Road Valla (DA2013/170)

2/14 RESOLVED:  (Flack/Smyth)

 

That DA2013/170 be called in for determination by Councillors and that a site inspection be carried out prior to determination.

 

 

 

NOTICE OF MOTION - CR South - LATE

ITEM L.2      SF1933              160114      Notice of Motion - Request for the left lane to be left turning lane only at the intersection of Cooper Street (on Pacific Highway) and Partridge Street Macksville (SF1009)

3/14 RESOLVED:  (South/Ainsworth)

 

That Council write to the Roads and Maritime Services again as a matter of urgency requesting they make the left lane at the Cooper Street (Pacific Highway) and Partridge Street lights southbound a left turning lane only.

 

And further that the Roads and Maritime Services be requested to investigate the sequencing of traffic lights in Macksville so as to improve the efficiency of traffic travelling on and crossing the Highway.

 

  

Delegations

4/14 Resolved(Ainsworth/South)

 

That the following delegations be heard:

i         Mr Robert Baker – Seeking support for Essential Energy to place proposed new power lines to Hyland Park underground.

ii        Mr Ison – NSW Rural Fire Service

 

Mr Baker made the following points:

 

·                Concerned about Essential Energy’s proposal to install a new power line

·                Proposed overhead line from Nambucca Heads to Hyland Park

·                Announced without consultation with residents

·                Discussion/consultations with Essential Energy has been difficult

·                Referring to fires recently and in recent years that have been caused by fallen power lines

·                Seeking Council’s support for the installation of an underground connection, instead of overhead

·                Hyland Park is a self-contained area of about 200 houses

·                Only one road in and out

·                Working Group of residents formed with the owners of 143 houses supporting the petition

·                Issue of public safety

·                Telephone lines are underground

·                Rural Fire Service supportive of underground connection

·                Sought resolution to support Working Group’s position to the Hon Andrew Stoner MP

·                Requesting Council to resolve to support placement of power line underground and letter of support to The Hon Andrew Stoner MP

 

Support for Underground Power lines at Hyland Park (Ref SF869)

5/14 Resolved(Flack/Smyth)

 

That whilst Council supports the improvement of the reliability of the power supply to Hyland Park that Council write to Essential Energy and the Hon Andrew Stoner MP advising of its support for the undergrounding of the power line and further that there be a timely and thorough consultation in any future proposals.  The letter to The Hon Andrew Stoner MP is to be copied to Mr Baker.

 

 

6/14 Resolved(Morrison/Ainsworth)

 

That Item 11.1 NSW Rural Fire Service Proposed 2014/2015 ‘Bid’ be brought forward.

 

Delegations Continued

 

Mr Ison addressed Council

 

·                has seen letter to the Commissioner

·                Rural Fire Service budget has a Part A and Part B

·                Part Budget determined by Rural Fire Service Head Office

·                10% budget increase (driven by Part B)

·                2 options in long term

·                1 option can limit increase in Part A to rate peg

·                Vehicle replacement program – vehicles have a maximum age of 25 years

·                Scotts Head cat 7 is 24 years old

·                Suggests $100,000 per year to acquire red fleet – doesn’t have to be new vehicles, can be second hand

 

ITEM 11.1    SF84                  160114      NSW Rural Fire Service Proposed 2014/15 Budget 'Bid'

7/14 RESOLVED:  (Finlayson/Flack)

 

1        That Council receive a presentation from the Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2014/15 Rural Fire Service “BID” and thank him Mr Ison for his presentation and the efforts of himself and the local Rural Fire Service to contain their costs.

 

2        That Council receive a further report at the 13 February 2014 Council meeting to formally endorse the 2014/15 Rural Fire Service “BID”.

 

 

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                160114      Outstanding Actions and Reports

8/14 RESOLVED:  (Flack/Finlayson)

 

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

 

 

 

ITEM 9.2      SF979                160114      Financial Contribution to the Mid North Coast Regional Organisation of Councils (MIDROC)

9/14 RESOLVED:  (Flack/Finlayson)

 

That Council pay the additional per capita contribution to MIDROC of $2,511.47 and make provision for this in the December Quarter Budget Review.

 

 

 

ITEM 9.3      SF1855              160114      Review of Submissions - Macksville Streetscape Improvement Plans

10/14 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council note the responses to the draft plans received via formal submissions or feedback received in other forms.

 

2        That Council resolve to progress to detail plans for Priority Area 1 (River Street).  The detail design take into consideration the comments made through submissions including:

 

·           the location and nature of trees taking into account functionality of the town

·           the changes in parking and other traffic conditions

·           an alternative option to the relocation of the toilet block

·           the many varying suggestions town themes and how these may form part of the design.

 

 

 

ITEM 9.4      SF1902              160114      Planning Proposal LEP amendment no 16 Boundary Adjustments for Certain Rural zoned land

11/14 RESOLVED: (Finlayson/Ainsworth)

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by contacting Parliamentary Counsel directly in accordance with Councils delegated powers.

 

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

 

For the Motion:  Councillors Morrison, Finlayson, Ainsworth, South and Hoban                          Total 5

Against the Motion:  Councillors Flack and Smyth                                                                     Total 2

Cr Flack voted against as she does not support RU3, E1 and E2 being included in the clause.

 

 

ITEM 9.5      SF1947              160114      Outstanding DA's greater than 12 months, applications where submissions received not determined from 2 December 2013 - 3 January 2014

12/14 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.6      DA2012/069        160114      DA2012/069 Traffic Impact Assessment - Intersection of Upper Warrell Creek Road and the Pacific Highway, Macksville as a result of application for production increase to 200,000 Tonnes per year

13/14 RESOLVED: (Ainsworth/Finlayson)

 

6.1     That Council approve production up to 200,000 TPA once the speed limit on the Pacific Highway at the intersection with Upper Warrell Creek Road has been reduced to 80 km/h, either:

 

a)  in conjunction with Pacific Highway upgrade works or

 

b)  by the Applicant securing the agreement of the RMS to a reduced speed zone prior to the proposed 80 kmh speed zone for the Pacific Highway upgrade works

 

for a trial period which involves an equivalent production of 200,000 TPA for a period of at least 3 months or an end trial date of 31 December 2016 whichever occurs first.

 

6.2     Further that Council engage RoadNet to monitor the intersection and provide a report on the trial in the event that the applicant secures a major contract and increases their production to the equivalent of 200,000 TPA and that the developer pay for the cost of the report.

 

6.3     That the RMS be advised of Council’s decision.

 

6.4     That Council seek a delegation with the Hon Andrew Stoner

 

For the Motion: Councillors Morrison, Flack, Smyth, Finlayson, Ainsworth, South and Hoban     Total 7

Against the Motion:                                                                                                                 Nil

 

 

 

ITEM 9.7      SF1148              160114      Council Ranger's Report December 2013

14/14 RESOLVED: (Ainsworth/Morrison)

 

That the report from Council Ranger for December 2013 be received and noted by Council.

 

 

 

ITEM 9.8      SF1947              160114      Construction and Complying Development Certificates Approved December 2013

15/14  RESOLVED:         (Ainsworth/Finlayson)

 

That the Construction and Complying Development Certificates approved for December 2013 be noted and received for information by Council.

 

 

16/14 Resolved: (Hoban/Smyth)

 

That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1620              160114      Draft Delivery Plan and Long Term Financial Plan

17/14 RESOLVED: (Ainsworth/Morrison)

 

That Council adopt the draft 2014-2018 Delivery Program and draft 2014-2024 Long Term Financial Plan and that the draft documents be placed on display for public comment.

 

 

 

ITEM 10.2    SF307                160114      Coronation Park Committee of Management - Minutes of Annual General Meeting - 18 November 2013

18/14 RESOLVED: (Smyth/Flack)

 

That Council endorse the Minutes of the Committee of Management for Coronation Park’s Annual General Meeting held on 18 November 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 10.3    SF317                160114      Macksville Park and Sports Committee of Management AGM - 10 December 2013 - Minutes

19/14 RESOLVED: (South/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Macksville Park and Sports Centre Annual General Meeting held on 10 December 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.4    SF251                160114      Schedule of Council Public Meetings

20/14 RESOLVED: (Flack/Finlayson)

 

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

 

 

 

ITEM 10.5    SF329                160114      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 24 October 2013

21/14 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 22 September 2011 and thank the Committee for continued good work in the past twelve months.

 

 

 

ITEM 10.6    SF1391              160114      Stuart Island Boating Facility Improvement - Council acceptance of Better Boating Program funding offer

 

Refer to replacement report 10.7.

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.7    SF1391              160114      Stuart Island Boating Facility Improvement - Council acceptance of Better Boating Program funding offer

22/14 RESOLVED: (Ainsworth/South)

 

That Council:

 

1           Accept the Better Boating Funding Offer for the Stuart Island Facility Improvement project.

 

2        Agree to the public exhibition of the Community Facilities and Public Open Space draft works schedule, comprising the Macksville Skate Park (existing project) and the Stuart Island Facility Improvement (new project), for the period 23 January to 20 February 2014, after which a report will be prepared for Council’s adoption of the new works schedule.

 

 

Assistant General Manager Engineering Services Report

 

 

Item 11.1 was dealt with earlier in this Meeting.

 

 

 

ITEM 11.2    SF844                160114      Nambucca District Water Supply Steering Committee meeting - 4 December 2013

23/14 RESOLVED: (Finlayson/Ainsworth)

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 4 December 2013.

 

 

 

ITEM 11.3    SF201                160114      Water Quality monitoring in relation to mining activity

MOTION:      (Finlayson/Ainsworth)

 

That the information be noted by Council.

 

Amendment:       (Flack/Smyth)

 

1        That the information be noted by Council.

 

2        That Council consider a monthly sampling program for twelve months from two sites – bottom of South Arm and North Arm at Brouggy’s bridge and near the old weir be considered when considering the Environmental Levy Program as to establish base line data.

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

 

24/14 Resolved: (Flack/Smyth)

 

That Council consider a monthly sampling program for twelve months from two sites – bottom of South Arm and North Arm at Brouggy’s bridge and near the old weir be considered when considering the Environmental Levy Program as to establish base line data.

 

 

 

ITEM 11.4    Q009/2013          160114      Q009/2013 Quotation for the Investigation and Design for Road Embankment Stabilisation Riverside Drive Nambucca Heads

25/14 RESOLVED: (Ainsworth/Finlayson)

 

That the Items 11.4 and 12.2 be deferred pending clarification of Roads and Maritime Services role in managing the $5M grant.

 

    

Cr Hoban left the meeting at 8.17 pm and returned after the conclusion of discussion at 8.23 pm and resumed the Chair.

 

Cr Ainsworth took the chair for the duration of this item.

 

General Manager Report

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

26/14 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.

 

 

Please note:  Doors were not closed as discussions were held and it was decided that the Items below would be deferred.

 

 

 

ITEM 12.1    SF1431              160114      Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013

28/14 Resolved: (Flack/South)

 

That Item 12.1 be deferred to next meeting and the public information be presented in a public meeting.

 

 

ITEM 12.2    Q009/2013          160114      Q009/2013 Quotation for the Investigation and Design for Road Embankment Stabilisation Riverside Drive Nambucca Heads

That the Items 11.4 and 12.2 be deferred pending clarification of Roads and Maritime Services role in managing the $5M grant.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.23 pm.

 

Confirmed and signed by the Mayor on 30 January 2014.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

    


Ordinary Council Meeting                                                                                                30 January 2014

Notice of Motion

ITEM 5.1      SF1933            300114         Notice of Motion - Review of Code of Meeting Practice (SF271, SF1031)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Councillors will be aware from circulated emails that concern has been expressed regarding a number of procedural issues relating to the conduct of Council meetings, particularly in relation to the amount of notice that is given for items listed on the agenda and the ability to move motions in response to Public Forums.  It is recommended that Council consider a review of the adopted Code of Meeting Practice to clarify these issues.

 

 

 

Recommendation:

 

That Council review its Code of Meeting Practice to provide greater clarification of the term “due notice” in relation to business transacted at Council meetings; the conduct of Public Forums and any other matters that need updating or review.

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

Notice of Motion

ITEM 5.2      SF1933            300114         Notice of Motion - Hyland Park Electricity (SF869)

 

AUTHOR/ENQUIRIES:    Bob Morrison, Councillor         

 

Summary:

 

At Council’s meeting on 16 January 2014 Mr Robert Baker addressed Council in Public Forum on the topic of: Seeking support for Essential Energy to place proposed new power lines to Hyland Park underground.

 

As a result Council resolved as follows:

 

That whilst Council supports the improvement of the reliability of the power supply to Hyland Park that Council write to Essential Energy and the Hon Andrew Stoner MP advising of its support for the undergrounding of the power line and further that there be a timely and thorough consultation in any future proposals.  The letter to The Hon Andrew Stoner MP is to be copied to Mr Baker.

 

I have since researched the issue and have listed below facts that were not considered by the meeting during the debate.  I now present these facts for Council’s consideration and wish to recommend a change in Council’s position.

 

 

 

Recommendation:

 

That Council write to Essential Energy advising them that we are a progressive Council who considers that our infrastructure development is of vital importance in attracting new development into the area.  Council requests Essential Energy that they do not defer the upgrading of the Power supply to Hyland Park and that Council further requests priority be given to this power upgrading.

 

 

 

 

DISCUSSION:

 

Procedural Grounds

 

I do not consider that due notice was given of the agenda item.  I have checked my agenda on my IPAD, I have checked the Supplementary agenda on the IPAD.  I have gone into Council website and checked the agenda.  They all stated Item "6 PUBLIC FORUM".    In other word PUBLIC FORUM was blank.  There was no additional information.   There was however a sheet of paper with a new agenda stating "Stating Mr Robert Baker seeking support" etc  which I became aware of as I sat down for the meeting.  The public and myself had no knowledge of what was to take place and what to prepare for.  In my reading of Council's Code of Meeting Practice, Clause 17(1)(c), Clause 18 and Clause 19, the motions should not have been accepted and I reiterate again I do not regard that due notice was given.

 

I regard Council's motion as ill-considered and designed to please Mr Baker who gave an excellent presentation.  What should have been discussed in depth is the differences between the underground and overhead systems and effects on the community with input of facts from experts before giving support.

 

Other Factors That Maybe Council Had Not Considered

 

Did Councillors know?

 

1.       That the path for the new overhead route had been cleared, with cleared trees mulched and spread and power lines ready for construction.

2.       That the cost for underground electricity power lines would be approximately 260% more expensive than the cost of overhead.  Overseas examples cite 400% to 1,000% more expensive than Overhead Cable (OHC).

3.       That for underground cable, trenches must be dug about 6 feet deep covered in and in past years these trenches were covered with concrete slabs.  That is 3.2 km of trenches.

4.       Underground cable itself could be up to 10 times more expensive than overhead cable. Underground cable needs special insulation and gives off a sizeable magnetic field.

5.       The transmission loss in overhead cable are quite negligible compared to underground cables

6.       Ecological perspective - They need to be kept free of deeply rooted plants.  Underground cable radiate heat.  This has an effect on soil humidity which can lead to drainage problems or drying out of the vegetation.

7.       Overhead cables (OHC) have almost double the lifespan underground cables (UGC).

8.       Maintenance - UGC are better protected against weather but are susceptible to insulation deterioration which increases the potential for line faults.

9.       Overhead cable (OHC) faults can generally be repaired within hours and certainly within a day.   UGC faults may take many days to be repaired, which involves finding the location, trenching, cable splicing and re-embedment and maybe up to 5 to 10 times more expensive.

10.     Construction of OHC is fast and less disruptive to the residents.

 

Advantages of UGC

 

1.       Visual Amenity.  OHC is visible.   UGC is not.  UGC has a visual advantage

2.       OHC can develop more faults that UGC, but OHC are quicker and cheaper to repair

3.       OHC can cause fires thru lightning strikes in rural areas, but with suitable clearing they can be managed.

 

Other Points of Note

 

I have spoken to two residents about the petition.  The petition was presented to them for signing on a New Year’s Eve Street party at Hyland Park.  One refused to sign it and the other person signed it, but it appears the person was not too clear of what was signed or its ramifications.

 

It seems strange to me that Mr Baker did not show us a copy of the petition.  I feel it may be worthwhile to see what the residents signed to have a better feel for what Council are supporting.

 

Again on speaking to the couple of residents, they have stated how much safer the road has become since the route has been cleared for the OHC construction.

 

Conclusion

 

I have spoken to Essential Energy on this matter and discussed many of the points above.  They stated there is simply no chance that UGC will be constructed if the project goes ahead.  Cost alone for a regional area preclude this.

 

The Mayor has remarked to me on this subject: "A requirement of the local government Act is that we represent our residents.  It doesn't say we have to agree with them".  I disagree with statement being applied to this matter.  Above all we have a fiduciary responsibility.  By supporting the motion for UGC and knowing there is no hope, we are in fact giving the residents false hope verging on lying.  Our fiduciary responsibility is that foremost we must be honest with our constituents.  Perhaps we can be forgiven if the motion was passed out of pure ignorance.  Then if this is the case there is a time to come clean.   

 

Where do we go from here?

 

If you consider that you have conformed precisely to the Code of Meeting Procedures and that in this case due notice was given, then I think I have a problem with our procedures.  It is however time to move on.

 

I would like to request that the following motion be submitted at our next Council meeting;

 

"Council write to Essential Energy advising them that we are a progressive Council who considers that our infrastructure development is of vital importance in attracting new development into the area .  Council requests Essential Energy, that they do not defer the upgrading of the Power supply to Hyland Park and that Council further requests priority be given to this power upgrading."

 

I am pretty lax on many things but hopefully not on motions that affect development and this Shire’s progress including small business.  I am disturbed with the motion in question in that it gives false hope to residents for an event that will not happen and may make the upgrading of electricity even more difficult to achieve when the time comes that it is required.  I am also concerned what a company like Essential Energy would think of us as a Council group in supporting UGC without knowing anything about costs and the advantages and disadvantages of each option.  We should demonstrate as a Council we live in the real world and while we can sympathise we have no right to give our residents false hope.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

Notice of Motion

ITEM 5.3      SF1933            300114         Notice of Motion - Request for Leave - Cr Morrison 3 March to 3 April 2014 Inclusive (SF1788)

 

AUTHOR/ENQUIRIES:    Bob Morrison, Councillor         

 

Summary:

 

I request leave for the period 3 March 2014 to 3 April 2014, inclusive.

 

 

 

Recommendation:

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 3 March 2014 to 3 April 2014, inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

Notice of Motion

ITEM 5.4      SF1933            300114         Notice of Motion - Approval of Small Donations (SF24)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Council recently adopted a resolution regarding donations that requires that all donation requests come to Council for approval.

 

The resolution was made with the best of intentions to ensure transparency but has proven very impractical and bureaucratic when dealing with requests for small donations.

 

Often a request is minor but requires urgent action and cannot be addressed until the next Council meeting.  It has also created problems where Council has in the past provided in-kind assistance to community groups and there is a community expectation that the assistance will continue.

 

A recent example was a request for Council to provide five bins to the volunteer organisers of the Valla Fair.  This has been done for past Valla Fairs and was expected for the most recent one.  However it now has to be treated as a donation and requires a resolution of Council.  Not only does a situation like this require considerable staff time in reporting to Council, it is looked upon as overly bureaucratic by members of the public who can’t understand why the General Manager has the delegated authority to approve significant expenditure but can’t say yes to a rubbish bin.

 

 

 

Recommendation:

 

That Council receive a report on possible ways to remedy the bureaucratic time wasting associated with the approval of minor donations.

 

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.1      SF894              300114         "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Independent Local Government has released its final report.

 

The report is similar to the draft previously reported to council.  In relation to the interests of our council the most notable change is the replacement of the proposed North Coast County Council with a "Joint Organisation" to include the same councils ie, Nambucca, Bellingen, Coffs Harbour and Clarence Valley.

 

The due date for submissions is 7 March.  This report is for information so the council can consider the policy implications before considering a final report on its submission once the views of MIDROC and other councils are known.

.

 

 

Recommendation:

 

That the information concerning the final report of the NSW Independent Local Government Review Panel, “Revitalising Local Government”, be received and that there be a further report to Council on a formal response.

 

 

OPTIONS:

 

The report is for information.

 

 

DISCUSSION:

 

The final report of the NSW Independent Local Government Review Panel has now been released and was circulated to Councillors earlier this month.  The report is 137 pages in length and rather than include it as an attachment to this report, for those that haven’t seen the final report it can be accessed at www.localgovernmentreview.nsw.gov.au

 

The following report highlights some key findings and all of the principal recommendations, particularly as they relate to Nambucca Shire Council.  The submissions on the final report close on 7 March 2014.  It is suggested that Council finalise its submission at its meeting on 27 February 2014.  This will allow the opportunity to consider and incorporate comments which will come forward from LGNSW, the Mid North Coast Group of Councils (MIDROC) as well as nearby Councils.

 

The Independent Panel is of the view that, “wide-ranging and concerted action is essential to make NSW Local Government sustainable and fit-for-purpose into the mid 21st century”.

 

“Sooner or later amalgamations will have to be part of the package:  the number of councils in NSW has halved during the past century and that trend will surely continue.  Rate-pegging should be reviewed in context of a wider effort to address infrastructure backlogs and ensure financial sustainability.  Cost shifting has been overstated relative to other factors, but local government does have legitimate concerns about rating exemptions and concessions, and the way some fees and charges are fixed below cost.  And all concerned need to face the reality that there are no “pots of gold” in Canberra or Macquarie Street:  councils must make better use of their own revenue base, and limited grant funding must be distributed according to needs, not simply numbers of people”. (page7)

 

On page 28 of the report there is specific reference to infrastructure management and backlogs and to the approach taken by this Council.

 

“The TCorp report makes it clear that tackling local government’s annual asset maintenance gap and the cumulative infrastructure backlog warrants the highest priority.  Economic development, service delivery and community wellbeing all depend on adequate infrastructure, especially roads, bridges and buildings.

 

Both TCorp and DLG now estimate the backlog at over $7 billion.  This figure is based on unaudited council data and might be reduced substantially if councils revise acceptable service levels in consultation with their communities – for example, replacing some dual lane bridges with cheaper single structures or culverts.  On the other hand, important environmental works (eg pollution traps to improve water quality or revegetation of eroding stream banks) may have been excluded from the calculations.

 

This uncertainty, and the need to formulate sensible strategies to address the backlog, highlights the importance of further improving asset and financial planning.  TCorp and DLG have identified continuing weaknesses in these areas and called for ongoing efforts to enhance performance, including upgrading the skills of both managers and councillors to develop and implement appropriate plans and programs.

 

There is no doubt that the sheer scale of infrastructure problems threatens to overwhelm a significant number of councils.  This applies particularly to rural-remote councils that have to maintain extensive networks of roads and bridges that serve very few ratepayers; and to north coast councils having to cope with varying combinations of retiree driven growth, dispersed populations, difficult terrain, frequent flooding, numerous old timber bridges, coastal erosion and the demands of tourism.”

 

The report’s principal recommendations with some commentary are listed below.

 

Fiscal Responsibility

 

1        Establish an integrated fiscal responsibility program, coordinated by DLG and also involving TCorp, IPART and LGNSW to address the key findings and recommendations of TCorp’s financial sustainability review and DLG’s infrastructure audit.

 

Despite the recently mandated IP&R reporting requirements, the recommendation seems to stem from a perception that, particularly with small councils, there is too much emphasis on “keeping the books” rather than “strategic management”.  It suggests further monitoring of Councils by TCorp and the DLG.  Whilst it is unlikely that such mandates will change the balance between longer term strategic management and shorter term political pressures (any more than at the State or Federal level), a council which is operating effectively should be open to review and scrutiny.

 

2        Introduce more rigorous guidelines for Delivery programs

 

This is in response to a perception that councils’ delivery programs do not accurately and fully reflect the imperative of fiscal responsibility.  It is agreed that the delivery programs of some Councils which have perpetually large operating losses and which have been rated as having weak (or worse) financial sustainability and a negative outlook, in terms of their strategies have a disconcerting acceptance of their situation as “operation normal”.  Comment as per the first recommendation above.

 

3        Place local government audits under the aegis of the Auditor General

 

The Panel believes that NSW should follow the example in Queensland and Victoria in placing local government audits firmly under the aegis of the Auditor General.  They believe this is the best way to ensure consistency of approach and provision of reliable data that can be used for sustainability assessments and benchmarking.

 

The content of councils’ audit reports is one of the most regulated reporting requirements in local government.  It is not clear how supervision and oversight by the Auditor General will improve the consistency of approach and the reliability of data.  What it will do is introduce a new layer of supervision and control with an expectation that it will be paid for by councils.  However the Panel believes that the additional costs will be relatively minor, and far outweighed by the benefits of a more robust system.  Will be a case of wait and see.

 

Strengthening the Revenue Base

 

4        Commission IPART to undertake a further review of the rating system focused on: options to reduce or remove excessive exemptions and concessions; more equitable rating of apartments and other multi-unit dwellings

 

The Panel notes the level of rates paid relative to property values varies greatly from one local government area to another.  This raises a number of equity issues (notably the relatively low rates paid by property owners in many affluent suburbs of Sydney).  The Panel suggests that this may require a partial shift from land value to capital improved value as the basis for rates.  The Panel also confirms it support for the Henry tax review finding that rates are a tax, not a fee for service and need to be set in accordance with the principles of taxation – equity, efficiency, simplicity, sustainability and policy consistency.  They note that whilst some concessions for disadvantaged ratepayers are justified, social welfare should not be a local government responsibility and arrangements for pensioner concessions should be reviewed.  They suggest that further consideration be given to enabling income poor but asset rich ratepayers to defer payment of rates as a charge against their property, rather than receive a concession.  In terms of rating exemptions and concessions, the Panel suggests that the current arrangements where land is used for certain religious, charitable and educational purposes be modified to a minimum rebate.

 

The observations by the Independent Panel are rational and sound in terms of the financial management of NSW local government but as per the previous discussion they do come with significant shorter term political pressures as they will create significant “losers”.  And generally speaking the “losers” will be the more politically articulate and engaged who own expensive city apartments as well as religious organisations and charities which would lose some of their favourably rating exemptions.

 

Whilst the observations and recommendations are favourable to the circumstances of this Council, my expectation is that change will either not occur or at best only occur incrementally and slowly.

 

5        Either replace rate pegging with a new system of “rate benchmarking” or streamline current arrangements to remove unwarranted complexity, costs, and constraints to sound financial management

 

Since 1979 NSW has had a system of rate-pegging designed to prevent excessive increases in rates.  According to advice received from IPART, over the period 2001/2 to 2010/11, growth in the total revenues of NSW councils was 5.7% per annum, compared to an average of 8.0% for the other mainland states.  Rates increased by 4.4% per annum in NSW compared to an average of 8.0% for the other states.  The Panel notes this equates to “revenue foregone” in rates of well over $1b.

 

The Panel also notes that in 2013 only 23 of 152 councils applied for SRV’s.  Yet figures for the 2011/12 financial year show that 83 councils would have needed to increase rates and annual charges by more than 5% to achieve a break-even operating result.

 

The Panel’s first preference is that there be no rate-pegging and instead there be benchmarking through the publication of a cost index and comparative data on rate increases.  The Minister would retain a reserve power to intervene.  If this is a “step too far” the Panel proposes as an alternative their previous suggestion being streamlined rate pegging wherein Councils’ have a margin of 5% above rate pegging to fix their rates without having to go through a special rate variation application.  A third option is that individual councils be able to “earn” complete exemption from rate pegging by demonstrating consistent high performance in asset and financial management.

 

Both the Panel’s first preference and second preferences are considered to be achievable and should be strongly supported by all councils.  Times have moved on since the introduction of rate pegging in 1979 and all of the evidence suggests that rate-pegging is inhibiting NSW councils in their response to the serious concerns about financial sustainability.

 

The third option of earning exemption from rate pegging is not preferred as it involves yet another approval process when at the same time the Panel has recommended less “red tape”.

 

6        Subject to any legal constraints, seek to redistribute federal Financial Assistance Grants and some State grants in order to channel additional support to councils and communities with the greatest needs

 

The Panel notes that all councils receive a minimum grant, which under the current law is that 30% of the total general purpose component must be set aside for that purpose and distributed on a per capita basis.  The effect of this is that large amounts of assistance are paid to some councils that could make do with less.  This has been highlighted in several reviews, notably the 2007 study by the Productivity Commission.  The Panel believes that in a climate of fiscal restraint, consideration needs to be given to the option of redistributing more funds to the most needy councils and communities.  Presently around $40m of general purpose grants are being allocated each year to 23 minimum grant councils, all of which are located in relatively affluent areas of the Sydney region north and east of Parramatta.  Those councils also receive a share of the roads component of FAGS and Roads to Recovery grants.

 

The observations and recommendations are agreed with and are favourable to the circumstances of Nambucca Shire Council.  They will require substantial changes to the existing arrangements for grant distribution, including changes to State and Federal legislation.  These are significant legal and political obstacles and will no doubt this will be a contested aspect of reform.  This reform will probably be more difficult to achieve than the abolition of rate pegging.

 

7        Establish a State-wide borrowing facility to enable local government to make increased use of debt where appropriate

 

The Panel refers to the practice of the Queensland, South Australia and New Zealand governments whereby borrowings (and some investments) are handled collectively by a state-wide agency.  The Panel believes that introducing such a concept for NSW local government will mean that councils will be able to borrow at the same rate as the State Government.  They believe on average there would be an interest rate saving to councils of about 2%.

 

There would seem to be no significant risk in this initiative, particularly as it has already been implemented in other States.  The report says that councils would have the option of participating in the state-wide facility.  If they could get a better offer outside the state-wide facility then they would be free to go to market.

 

The recommendation is practical, implementable and has the potential to provide councils with a better deal on their finance requirements.

 

Meeting Infrastructure Needs

 

8        Maintain the Local Infrastructure Renewal Scheme (LIRS) for at least 5 years, with a focus on councils facing the most severe infrastructure problems

 

The Panel suggests two options for special assistance being to refocus an extended LIRS program on the most needy councils to provide interest free loans and secondly to set aside a proportion of the roads component of the FAGS to address the most severe backlogs in roads and bridges.

 

This Council has been strong user of LIRS, however there is a finite capacity for Councils to borrow.  Whilst finance is not the whole answer, the recommendations concerning LIRS are supported and particularly any opportunity for the most needy councils to be provided with interest free loans.

 

9        Pool a proportion of funds from the roads component of the FAGS and, if possible, the Roads to Recovery program in order to establish a strategic projects fund for roads and bridges.

 

This is a good initiative directed at addressing principally roads in rural and regional areas on a priority basis according to need.

 

10      Adopt a similar model to Queensland’s of Regional Roads and Transport Groups

 

These groups meet to determine regional priorities, decide on how to optimise state funding and discuss ways of improving the life cycle management of road and bridge assets.  This is a good initiative.

 

Improvement, Productivity and Accountability

 

This section has the following 3 recommendations which are aimed at allowing councils to focus on the core issue of financial sustainability.  All are agreed with. However there is a risk that trying to mandate certain priorities will only produce more "red tape".

 

11      Commission IPART to undertake a whole of government review of the regulatory, compliance and reporting burden on councils.

 

12      Amend IPR Guidelines to require councils to incorporate regular service reviews in their Delivery Programs.

 

13      Strengthen requirements for internal and performance auditing.

 

Political Leadership and Good Governance

 

14      Require councils to undertake regular Representation Reviews

 

These reviews would include an assessment of the appropriate number of councillors and whether the Mayor should be popularly elected.  Most councils in NSW do not have a popularly elected Mayor - only 34 out of 152.

 

15      Amend the legislated role of councillors and mayors and introduce mandatory professional development programs

 

One suggestion is that councillors who satisfactorily complete professional development programs should receive additional remuneration.

 

16      Amend the legislated role and standard contract provisions of General Managers

 

There are proposed to be slight changes to the role of general managers and also to try and reduce the trend towards councillors or mayors being elected on platforms of dismissing the current General Manager.  Conversely, there have been instances of general manager's contracts being renewed without advertising shortly before elections.

 

17      Develop a Good Governance Guide

 

Advance Structural Reform

 

This section proposes initiatives to accelerate structural reform as follows:

 

18      Introduce additional options for local government structures including regional joint organisations, rural councils and community boards to facilitate a better response to the needs and circumstances of different Regions.

 

19      Legislate a revised process for considering potential amalgamations and boundary changes through a reconstituted and more independent Boundaries Commission.

 

20      Encourage voluntary mergers of councils through measures to lower barriers and provide professional and financial support.

 

Regional Joint Organisations

 

21      Establish new Joint Organisations (JOs) for each of the regions shown on Map 2 … under new provisions of the Local Government Act that replace those for County Councils

 

The Panel’s final proposal is very similar to the Panel’s previous proposal to establish multi-purpose County Councils, the effective difference is strikethrough County Councils and replace with Joint Organisations.  The proposed core functions of the Joint Organisations are listed as:

 

·              Strategic regional and sub-regional planning

·              Inter-government relations and regional advocacy

·              Information and technical exchange between member councils

·              Activities of existing county councils

·              Regional alliances of local government water utilities

·              Road network planning and major projects (through Regional Roads Groups)

·              Collaboration with State and federal agencies in infrastructure and service provision

·              Strategic procurement

·              Other joint activities specified in the proclamation, such as major infrastructure projects, regional waste and environmental management (including weeds and floodplain management), regional economic development, regional library services and “high level” corporate services or “back office” functions

·              Administrative and technical support for any “Rural Councils” established within the JO’s area

 

As discussed with the County Council model, many of the proposed functional transfers are not readily defined.  For example where does local planning stop and sub-regional planning start?  This Council’s LEP has elements of both.  Does responsibility for inter-government relations and regional advocacy mean that the Joint Organisation would be responsible for seeking and securing all grant funding?  What is strategic procurement?  What are high level corporate services?  What is regional as opposed to local economic development?

 

There has been some subtle change to the previous proposal for, ”management of, or technical support for, water utilities”, to be transferred to a County Council.  The wording is now, “regional alliances of local government water utilities”.

 

The boundary of the proposed Joint Organisation which will contain this Council is as previously proposed for the North Coast County Council being the local government areas of Clarence Valley, Coffs Harbour, Bellingen and Nambucca.

 

Despite the extensive range of proposed functions for the Joint Organisation and its coverage of four local government areas stretching over 230km of coastline with a combined population of 150,000 people, the report states that, “staffing of JOs would normally be limited to a Regional General Manager and administrative team.  There would also be a small group of professional staff engaged in regional strategic planning, inter-government relations, technical support to member councils and management of regional projects.  This may involve seconding a few senior management and technical staff from member councils to the JO, although in many cases they could remain based in their current workplace.  The Panel does not see any need for transfer or relocation of operational staff.  However, where an existing County Council has administrative and operational staff and becomes a subsidiary of a JO, they would become employees of the JO under the Local Government Award”.

 

It is proposed that the scope of shared services would be detailed in a government proclamation, and once established there would be no opting out for at least the life of a strategic business plan.  The Panel also notes that a number of shared services activities could be handled by one or more member councils becoming a “centre for excellence” for the region in specific areas of operation eg human resources, IT, waste management, economic development etc.

 

Given the uncertainty about the division of responsibility between the councils and the joint organisations, the Panel’s suggestion for the instant creation of a multi-function JO by proclamation may be a higher risk approach than a more “organic” arrangement whereby the participating councils develop detailed agreements in relation to the respective responsibilities of councils and the JO, with the transfer of responsibilities and the development of the JO being more incremental.  For example, in the initial proclamation it may be agreed that all waste functions, weed management, strategic procurement (tenders >$150,000), as well as regional road planning and maintenance be transferred to the JO.  Subsequent transfers of responsibility could then occur as agreement was reached amongst the participating councils on other functional responsibilities which could be undertaken more effectively by the JO than the individual councils.

 

22      Establish Regional Water Alliances in each JO along the lines proposed in the 2009 Armstrong-Gellatly report

 

The suggestion that the alliances be along the lines proposed in the 2009 Armstrong Gellatly report is of some concern as they would arguably have seen most functional responsibility for water and sewerage services transferred to new utilities.  The Panel does not seem as prescriptive in its approach although the lack of detail as to the functions of the alliance is concerning.  There are just 3 paragraphs in the report about the matter.

 

Other

 

The remainder of the report mainly concerns amalgamation proposals for Sydney, the Central Coast and the Hunter as well as a new concept of stripped down rural councils and community boards for those councils which amalgamate.  The respective roles and responsibilities of these organisations with the umbrella council are not well defined.  This is probably intentional to allow some flexibility but a model will be required which provides for mutually supportive organisations which have relevance and purpose.  The overseas experience in achieving this seems to be mixed.

 

 

CONSULTATION:

 

Senior management

 

 

SUSTAINABILITY ASSESSMENT

 

Not applicable at this stage

 

 

FINANCIAL IMPLICATIONS:

 

Not applicable at this stage

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

General Manager

ITEM 9.2      SF1431            300114         Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Valla Quarry has submitted its Environmental Management Audit (Annual) Report for the period October 2012 to September 2013 inclusive.

 

 

Recommendation:

 

That Quarry Solutions be provided with a period of one (1) month to submit a revised QEMP for consideration by Council and the EPA.

 

 

OPTIONS:

 

Council has a range of options available to it for compliance matters including warnings, fines and other legal action.  Council’s Compliance, Enforcement and Prosecution Policy sets out a number of considerations as to the appropriate compliance response, including the likelihood of consent or approval; environmental impact and public safety.  In relation to the non-compliance with the QEMP, whilst Council should be notified of changes before they occur, the quarry operator made an operational decision based on work, health and safety grounds.  As such it is not recommended that Council undertake punitive action in the form of a fine or other legal action.

 

However at Council’s meeting on 29/11/2013 it was resolved that the proprietor be advised that Council will seek the imposition of a larger penalty through the Land and Environment Court in the event of future breaches.  The deviation from the approved Quarry Environmental Management Plan (QEMP) is a breach of consent.  Notwithstanding Council’s resolution, it is preferred that Council apply its Compliance, Enforcement and Prosecution Policy as otherwise it is pre-determining the matter without proper consideration being given to the applicable circumstances.

 

DISCUSSION:

 

There was a brief discussion of this item in closed at Council’s meeting on 16 January 2014.  It was queried why the Environmental Management Audit (Annual) Report could not be reported in open meeting.  There is no reason why the annual report cannot be reported in open.

 

As issues concerning compliance are directly related to the audit (annual) report, consideration has also been given to reporting on identified non-compliances in open meeting.  Section 10A of the Local Government Act states that Council may close to the public so much of its meeting as comprises advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

In this instance the quarry is operated by a Company and there is considerable public interest in ensuring compliance with its conditions of development consent.  On balance it is considered that the public interest of open and transparent decision making outweighs the risk to Council’s legal standing of differing views as to what, if any, legal action may be taken.

 

On 2 December 2012, Council received the Environmental Management Audit (Annual) Report for the Valla Quarry for their reporting year being October through to September inclusive.

 

The full report is 57 pages in length and for this reason has not been included as an attachment.  However for those Councillors and the public who are interested, it can be provided (trim document no. 30748/2013).  The following is a summary of the reports major findings.

 

Non-compliance with the conditions of the development consent (DA2001/096) were identified as follows:

 

1.       Development and subsequent extraction has occurred in Stage 2 to allow for efficient and safe extraction in stage 1a and 1b.  The current Quarry Environmental Management Plan (QEMP) addresses all Stages, however, approval has only been given for Stage 1.  An updated QEMP is required to be lodged for approval with Council.

 

9.       The approved quarry design in the EIS has created issues with respect to safe access and gradients and subsequently has been altered.  A review and update of the QEMP to reflect operations on site and future works will be undertaken.

 

12.     The site extracted 84,944.49m3 (in situ) of material, above the 50,000m3 specified.  An application to increase the maximum annual extraction of material to 79,500m3 has been lodged.

 

25B    Noise monitoring undertaken on 23 July 2013, by MWA Environmental show noise levels above 35.5 dB(A) in the absence of wind.

 

79      Development and subsequent extraction has occurred in Stage 2 to allow for efficient and safe extraction in Stage 1a and 1b.  Revegetation has been undertaken within Stage 1a and 1b of the batter areas identified as terminal and not being required for on-going operations.  Due to changes in design, a significant amount of Stage 1 is still required for haul road and extraction and rehabilitation (and) could not be carried out in full accordance with Figure 8 of the QEMP.

 

80      The pit sump is no longer in use however water is stored in Sediment Dam A.  The mean pH for samples collected from Sediment Dam A was 4.4 which is outside the pH range of 6.5 to 8.5 specified.

 

Partial compliance of conditions in Development Consent DA2001/096 were identified as follows:

 

28      Operator confirmed notification was provided to neighbouring properties however this was undertaken 24 hours prior to the blast, not two (2) days as specified in the condition.

 

The audit also identified that Conditions 44 – 49 do not appear to have relevance to the Valla Quarry.  As per the previous annual audit these conditions were not assessed.

 

In relation to EPA Licence No. 13136 the following non-compliance with conditions were identified:

 

L2      pH measured outside 5.0-7.5 range measuring 4.5 and 4.7 during the two quarterly discharge sampling events.

 

L4.1

L4.2   Noise limits were exceeded during noise monitoring undertaken on 23 July 2013 by MWA.

 

O4.1   Operations have commenced in Stage 2 and 1c however this condition still stands.  Operations have encroached on Stage 2 to ensure safe and efficient operations in Stage 1a and 1b.

 

Partial compliance of conditions in the EPA Licence No. 13136 were identified as follows:

 

L5.6

L5.7   As per previous audits, monitoring is not undertaken at nearest residential dwellings as other locations have been identified for access and safety reasons.  These have historically included the property adjacent to the weighbridge (house) and Valla Hall however a third location, Valla Road, was also monitored during this reporting period.

 

M4.2  The operator has been recording rainfall, however has only been doing so once daily.

 

U2.1   Dump trucks have been rubber lined however the completion date was not met.  The EPA was advised throughout this process.

 

U3.1   The primary crusher enclosure has been lined internally with an insulating material and the size of the openings for the personnel access and conveyor penetrations has been reduced, however the completion date was not met.  The EPA was advised through this process.

 

E4.2   Clearing and preparation of an unquarried area has been undertaken in a section of Stage 2 without notification to the EPA.  Operations have encroached on Stage 2 to ensure safe and efficient operations in Stage 1a and 1b.

 

In relation to the noise monitoring which was undertaken in July during the calm and lighter south westerly conditions prevailing during the earlier morning period it was found that:

 

·      Quarry noise levels exceeded the relevant limit by 2 to 3 dB(A) at residences R1 and R2 to the north

·      Quarry noise levels exceeded the relevant limit by 4.5 dB(A) at residences R3 and R4 to the northwest

·      Quarry noise levels exceeded the relevant limit by 2.5 dB(A) at residence R5 to the northwest

·      Quarry noise levels were compliant or within 0.5 dB(A).

 

In response to these exceedances the report advises as follows:

 

“Quarry Solutions has undertaken significant mitigation works onsite over the previous three (3) years which are considered Best Available Technology Economically Achievable (BATEA) as defined by the NSW Industrial Noise Policy 2000 (INP).  These mitigation works have included:

 

Implementation of a Peak Noise Mitigation Plan

Full enclosure of the processing plant and installation of insulation at the primary crushing house

Construction of noise attenuation bunds and fencing

Installation of rubber lining of dump truck trays.

 

At a meeting (held on 17 October 2013) the EPA agreed with Quarry Solutions that all measures considered BATEA have been undertaken.  The next option to the INP was to negotiate agreements with the relevant land owners.  Connelly Project Resources Group (CPR Group) has been engaged by Quarry Solutions to provide community consultation services in relation to the site’s activities including the agreements with the five (5) stakeholders experiencing noise levels in exceedance of the licence limits.  CPR Group has met with the relevant stakeholders with the view to reaching suitable agreements consistent with the INP.”

 

The other matter of note in the report is the complaints summary.  This indicates that in the reporting period forty one (41) complaints were received.  Thirty six (36) concerned noise, whilst three (3) concerned dust, one (1) concerned water pollution with another concerning a truck running over a family pet.

 

Council is separately deliberating on the proposed increase in output and related to that the proposed agreements with the five (5) stakeholders experiencing noise levels in exceedance of the licence limits.

 

It is apparent that the Quarry Environmental Management Plan (QEMP) requires amendment to reflect the revised staging which Quarry Solutions advises is required for operational reasons.  Quarry Solutions should be provided with one (1) month to submit a revised QEMP for consideration by Council and the EPA.

 

In a letter dated 10 December 2013, Quarry Solutions has advised of the actions proposed to rectify the identified non-compliances.  A copy of their letter is attached.

 

Quarry Solutions have commissioned Groundwork Plus to review and update the QEMP.  They indicate that the update will be lodged with Council in January 2014.

 

CONSULTATION:

 

There has been consultation with the quarry operator concerning the reported breaches.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The major environmental impact relates to noise from the quarry activities and the transport of quarry product.

 

Social

 

The 41 complaints which were received, mainly on referral from the EPA, indicate the existence of a number of residents who find the quarry’s operations objectionable.  Of the individual reports which are listed in the report, complaints came from 6 different persons.  However most of the complaints were contained in referrals from the EPA who did not list the complainants name for privacy reasons.

 

There are also local residents who are employed by the quarry and range of local businesses who use the quarry products in their business undertakings.

 

Economic

 

The quarry is a significant local industry supplying hard rock material to this Council, other Councils and a range of local and mid north coast businesses.  The quarry output is also likely to be required for Pacific Highway upgrade works.

 

Risk

 

There are risks in relation to any legal action.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are potential costs associated with any legal action.

 

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 report and recommendations do not have any significant implications for service levels or resourcing.  If Council determines to take legal action a commitment of staff resources will be required.

 

Attachments:

1

32050/2013 - Valla Quarry - Advice of proposed actions to rectify identified non-compliance

 

  


Ordinary Council Meeting - 30 January 2014

Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013

 





Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.3      SF734              300114         Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received advice from the Crown Lands Office to the effect that Mr Kevin Cameron, Area Manager, Crown Lands, Far North Coast supports Ms Leckie’s request for purchase of the larger area (approximately 290 square metres) of Gordon Park on the basis of advice received from De Groot Benson Pty Ltd that the smaller area may not contain enough of the slope to prevent mass movement of the sloping land. 

 

Mr Cameron has suggested that the Trust (Council) should proceed with the sale of the affected land to Ms Leckie pursuant to the Crown Lands Act and has suggested a disposal process to shorten the overall time necessary to bring the disposal to fruition and lessen the number of administrative steps. 

 

The Crown Lands Office has indicated that the first step is for the Trust (Council) to make a decision to sell the land and document its reasons for selling the land. 

 

 

 

Recommendation:

 

1        That the Trust (Council) decides whether or not it wishes to sell approximately 290 square metres of Gordon Park to Mr and Mrs Leckie.

 

2        That, if Council decides to sell the land, it proceeds with the process set out by the Crown Lands Office in their letter (attached to this report).

 

3        That Council support a Crown Lands offer of a licence to Ms Leckie for the purpose of investigating the construction of retaining walls or other means of stabilising the slope.

 

 

OPTIONS:

 

1              Not sell the land

2        Sell the land as requested by Mr and Mrs Leckie and suggested by Mr Kevin Cameron, Area Manager, Crown Lands, Far North Coast

3              Sell the land but seek some form of control over its use via contractual conditions

4        Not sell the land but provide an easement to enable the repair and/or installation of retaining walls and other work to prevent the potential for a landslip.

 

 

DISCUSSION:

 

In September 2012 Council received a request from Ms Kelli Leckie requesting Council’s endorsement to her application to acquire a section of Gordon Park adjoining her property at 2 Nelson Street, Nambucca Heads.  The request was reported to Council’s meeting on 25 October 2012 and was deferred for a site inspection.  A site inspection was conducted on 14 November 2012 and it was resolved to defer the matter to the meeting on 12 December 2012.  At the meeting on 12 December 2012 it was resolved to defer the matter so as to provide the Leckies with the opportunity to come back with a further proposition to show the revised area proposed to be acquired.  They then responded and nominated an acquisition area of approximately 170 square metres, about 40% smaller than the original proposal which was an area of approximately of 290 square metres.

 

Then at the Council meeting on 16 January 2013 it was resolved as follows:

 

”That Council advise the Crown Lands Office that it does not generally support the sale of community land however Council does recognise there is a need to reconstruct the failing retaining wall and Council supports the Crown Lands Division advertising the application for public comment.”

 

At Council’s meeting of 12 June 2013 it was resolved:

 

“That Council respond to the Crown Lands Division providing a copy of the submissions from Mr and Mrs Leckie; their expert advice; submissions from the public; the reports to and the resolutions of Council; as well as copies of newspaper reports and requests that the Crown Lands Division determine the matter as per Council’s resolution of 16 January 2013.”

 

The Crown Lands Division advised Council in a letter dated 23 May 2013 about the process involved in the disposal of land within Gordon Park, which is Crown Land for which Council is Trustee.  An extract of their advice is as follows:

 

“Ms Kelli Leckie has approached Council with a proposal to purchase sufficient land adjoining her family’s holding in Nelson Street, Nambucca Heads so as to support a new retaining wall(s).  Without referring to the specifics of the engineering and the environmental constraints for such a structure or the appropriateness of the structure on the land, I propose to inform Council of their obligations as the Reserve Trust Manager in dealing with this proposal.

 

Foremost in the processes, where a Trust (or Trust Manager) receives a proposal which involves the alienation or disposal of part of the Crown estate that it is responsible for it should ensure that in dealing with the matter and making recommendations to the Crown for disposal that it is completely convinced that disposal of part of the Reserve is the only option or most appropriate option.  In order to obtain this level of conviction the Trust should engage in a comprehensive and transparent program of public consultation on the matter.  The results of the public consultation program should be reported as part of the recommendations to the Crown.  The Trust should also report the allocation of the funds derived from the disposal as part of the recommendations; such as to the Crown Lands Reserve Trust in support of an identified project or program that the Trust is undertaking on the Reserve. 

 

Upon receipt of the recommendations from the Trust, Crown Lands Division must undertake a number of statutory processes (formal land assessment or land assessment waiver, advertisement of intention to dispose and revoke reserve, revocation of reservation over the affected lands, etc) independent of the Trust to determine if alienation of the land is in keeping with the principles of Crown Land management expounded in the Crown Lands Act 1989.  This may result in the land not being made available for disposal despite the recommendations of the Trust.

 

Should Crown Lands Division determine that disposal is the appropriate option the proponent would be instructed to undertake all actions related to the sale of the land at their own cost including lodgement of a development application with the local planning authority, survey and plan lodgement for title creation, valuation and construction of the contract for sale…..”

 

Council has now received the attached letter from Crown Lands dated 16 January 2014.

 

The letter advises that the Leckies have met with the Crown Lands Office and have requested that Crown Lands give consideration of the original proposal of the purchase of 290 square metres.

 

The letter advises that Mr Kevin Cameron, Area Manager, Crown Lands Far North Coast, was consulted on this matter in his capacity as the Minister’s Delegate.  The advice is that Mr Cameron supports Ms Leckie’s request for purchase of the larger area (approximately 290 square metres) on the basis of the advice received from De Groot Benson Pty Ltd that the smaller area may not contain enough of the slope to prevent mass movement of the sloping land; and, that the risk of failure of the slope is quite high with the responsibility with the failure of the slope presently resting with the Crown through the Trust Manager for the Reserve.

 

The Crown Lands Office then proposes a revised sale process for the land.  They advise the first step in the process is for the Trust (Council) to consider an amendment to the resolution made by Council on 12 June 2013 so as to enable disposal of the larger (290 square metres) area to Ms Leckie.  They also suggest that Council may wish to consider whether it would be appropriate for the Trust to support a Crown Lands offer of a licence to Ms Leckie for the purposes of investigating the construction of the retaining walls as an intermediate step to the disposal.

 

Based on the advice from the Crown Lands Office, it is necessary for Council to now make a decision on whether it wishes to sell the land and the reasons for selling the land. 

 

 

CONSULTATION:

 

There has been exchange of correspondence with the Crown Lands Office.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal involves the sale of Crown Land (a section of Gordon Park).  The sale of itself has no environmental impact.  However, the future use of the land may have an environmental impact.

 

Social

 

There has been community interest in the proposed sale of a small section of Gordon Park.  This interest has arisen even without any public exhibition of the proposal.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are fairly obvious risks in relation to the proposal. 

 

Firstly, Council is expected as the first step in the process, to make a decision to sell the land and document the reasons for selling the land.  However, the Crown Lands Office advises that Mr Cameron believes that the Trust should proceed with the sale of the land to Ms Leckie and as such Crown Lands would be willing to support a submission to the Executive General Manager.  If Crown Lands is of this view, it is difficult to understand why, as owners of the land, they require the Trust to make a separate decision.  The apparent risk is that Council will be making a decision to sell the land without any process of community consultation or engagement.

 

Secondly, Council is advertising an intention to sell the land without the community knowing what the land will be used for or what the sale price/valuation is.  Indeed it will be impossible to determine a valuation without assumptions being made as to its development potential, unless its open space zoning is to remain in perpetuity.  The public open space zoning of the land proposed to be acquired is not appropriate for privately owned land.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the impact is largely unknown.  The land will have to be valued and agreement reached on the valuation.  If the land has development potential its valuation will be significantly different to a valuation where the slope of the land dictates that it should not be developed. 

 

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

 

To date there have been many reports and correspondence in relation to the matter.

 

 

 

Attachments:

1

1357/2014 - Letter from Crown Lands - 16 January 2014

 

  


Ordinary Council Meeting - 30 January 2014

Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie

 






Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.4      SF1904            300114         Planning Proposal LEP Amendment no. 17 Reclassification of Bowraville Folk Museum

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with the results of the exhibition of the Planning Proposal to reclassify the Bowraville Folk Museum from Community to Operational land to allow for its future disposal.

 

 

Recommendation:

 

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and request the plan be made.

 

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

 

4        Council formally thank the Bellingen Shire Council General Manager for assistance in facilitating the public hearing.

 

 

 

OPTIONS:

 

Council may determine not to proceed with the amendment.

 

DISCUSSION:

 

The Bowraville Folk Museum is presently owned by Council but managed/operated by the Bowraville Folk Museum Inc. The Bowraville Folk Museum is seeking a transfer of ownership from Council.

 

The matter was considered by Council on two (2) occasions on the 10 July 2013 and 14 August 2013 on both occasions Council reviewed the issues and resolved to proceed with the reclassification subject to a number of conditions. These reports are provided as attachment 1 to this planning proposal.

 

The transfer of the building to the incorporated association would remove the asset from Council’s balance sheet and with it the unfunded depreciation as well as maintenance expenditure. It is stated in the reporting that the disposal of the land will be a forward step to improving Councils financial sustainability.

 

The land is located in a Heritage Conservation zone and the buildings within the land are identified as heritage items. However the planning proposal does not propose any changes to the use of the building or the structures themselves. Any such matters would be subject to assessment under clause 5.10 of the Nambucca LEP 2010.

 

The Planning Proposal was exhibited from Thursday 14 November 2013 to Friday 13 December 2013. A public hearing was held on Tuesday 3 December at 5:30pm at the Nambucca Council Chambers located at 44 Princess Street Macksville NSW.

 

During the Exhibition period Council received no submissions and no persons attended the public hearing. As no issues have been raised through the process it is recommended Council proceed with the amendment as proposed.

 

CONSULTATION:

 

nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

The Museum contains locally important cultural relics relating to mainly post European settlement.

There are many examples of small local museums in NSW which take pride in their ownership and control of their facility. There is some anecdotal evidence that such museums may be more sustainable than the model of Council control due to the sense of ownership and custodial responsibility for locally important cultural artefacts. Our Frank Partridge VC military museum has been particularly successful in its operations and has perhaps the strongest volunteer base of all of the Valley’s museums.

 

Economic

There are no significant economic implications.

 

Risk

There are no significant risks. The Bowraville Folk Museum Inc. is an incorporated association with an equivalent mission to Council in terms of owning and operating the museum.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The transfer of the building to the incorporated association would remove the asset from Council’s balance sheet and with it the unfunded depreciation as well as maintenance expenditure.

 

 

Source of fund and any variance to working funds

nil

 

Service level changes and resourcing/staff implications

 

Staff resources required to complete reclassification process.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.5      SF688              300114         Our Living Coast Program Website and Environmental Levy

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with detail regarding the Our Living Coast Program Website.

 

 

Recommendation:

 

That Council retain its input into the sustainability Hub for the Nambucca, Coffs Harbour and Bellingen Region during this current budget period. In preparing the budget for the 2014/15 financial year Council receive details on the program for that period.

 

 

OPTIONS:

 

Council may resolve to proceed in an alternative manner.

 

DISCUSSION:

 

On the 28 November 2013 Council considered a report on the Environmental Levy. In consideration of this report Council resolved the following:

 

16/13 Resolved: (Flack/Smyth)

That Council receive a report regarding Our Living Coast program and the website with regard to program delivery and the benefits to the Nambucca Shire.

 

Post grant funding, the ‘our living coast’ website has been retained as a ‘sustainability hub’ for all sustainability and environmental issues, across the Bellingen, Coffs Harbour and Nambucca Shires. As such the website contains information on the various and environmental, and healthy living activities and initiatives being undertaken across the region. Nambucca Council along with the other Councils included funding to continue this program for the 2013/14 financial year, this assists in maintaining connections with the sustainability initiatives of the other local Councils, their staff, local environmental networks and the community.

 

It has been reported that the Sustainability Hub is one of the major success story for the Our Living Coast Project:

·      The Newsletter is well subscribed [688 people] and has prompted behaviour change, information sharing and knowledge growth. As indicated by one subscriber: The Newsletter works for me; prompted to read it by email popping into my box is great.

·      The Website attached over 500 visits each month on average and is seen as very useful.

·      The Facebook Page, with 311 ‘likes’ is well used but by less users than for the website or the Newsletter.

  

The final recommendations of the reporting was that the Sustainability Hub is the subject of a specific marketing campaign, across all three Councils to drive increase traffic. Specific emphasis might be placed on promoting; the chat room, the Q&A capability of the Hub and its usefulness for students

 

Finding 11. The Our Living Coast Website and Facebook Page are important parts of the Hub and deliver information effectively and promote shifts in behaviour.

The results of the Our Living Coast End of Program Participant’s Survey indicated that the community engaged with both the OLC Website and Facebook, however the engagement with the Website was stronger. Satisfaction levels for both Website and Facebook was highBelow is a comparison of whether respondents used the OLC Website and Facebook page. The results are almost inversed with 73.7% [123] of people responding that they use the Website while 73.8% [124] of people reported not using Facebook. This could in part correlate with the older age group of respondents who typically have not embraced social media like Facebook. It is noted that the Facebook page and the website are complementary strategies for engagement, along with the Newsletter and the workshops and the events. As such the variation in the reach of each method is to be expected.

84 % [108 people] surveyed as part of the above indicated that the Website was either ‘useful’ or ‘very useful’.

Summary

Nambucca Shire Maintains a link to the website via the Nambucca Shire Website follow the below link and click website. http://www.nambucca.nsw.gov.au/cp_themes/default/page.asp?p=DOC-WCX-06-81-62

 

Unfortunately since the departure of Council Environmental Resource Officer who was heavily involved in this project, there have been fewer resources available to provide input into the website and activities being undertaken by Nambucca Shire Council. However in an effort to make the community aware of activities and project occurring in the Nambucca LGA the following projects will be included in regular website and newsletter updates over the coming months:

 

-     Deep Creek Entrance Management Policy adoption and sustainable outcomes;

-     Beach Access Improvement Program;

-     Stuart Island Estuary Management Project;

-     Riparian Revegetation Projects

-     Protection of Heritage items;

-     Vegetation Mapping

-     Gumma Swamp Healthy Wetlands Project

-     Flood Risk Management Studies and Plan

 

Further to this Councils Strategic Planner will discuss with the Manager of Information Technology the provision of a more direct link to the sustainability Hub being located on the Council home page.

 

CONSULTATION:

 

Coffs Harbour City Council

Bellingen Shire Council

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental benefits of the Sustainability Hub are discussed in the report.

 

Social

 

THe social benefits of the sustainability hub are identified in the report.

 

Economic

 

Council budgeted $2,200 to contribute to the sustainability hub.

 

 

Risk

 

Nil

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The current budget allowed for a contribution to the sustainability hub is $2,200 of Environmental Levy funds. Council would be required to endorse any additional funds in this or future budgets. A proportion of this years funds have been committed to website updates given they were approved in the budget.

 

Source of fund and any variance to working funds

 

Environmental Levy.

 

Service level changes and resourcing/staff implications

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.6      SF1920            300114         Minutes of the Access Committee meeting held 3 December 2013

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 3 December 2013 are attached for Council’s endorsement. 

 

 

 

 

Recommendation:

 

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

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

DISCUSSION:

 

There are no formal recommendations to Council from this meeting.

 

CONSULTATION:

 

Nothing required.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified

 

Source of fund and any variance to working funds

 

Nothing required

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

32243/2013 - Minutes of the Nambucca Shire Council Access Committee meeting held 3 December 2014

 

  


Ordinary Council Meeting - 30 January 2014

Minutes of the Access Committee meeting held 3 December 2013

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Mr Keith Davis

Ms Lee-anne Funnell

Ms Jenny Adams

Ms Coral Hutchinson

Ms Alba Sky

Cr A Smyth

Ms Margaret Hutchinson

Mr Les Small

 

 

 

APOLOGIES

 

Ms Lyndel Bosman (Guide Dogs)

Cr E South (Deputy Chairperson)

Dr Dorothy Secomb

Mr Peter Shales

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1                    SF1822    031213  Confirmation of the Minutes of the Previous Meeting held 22 October 2013

ReSOLVED: (SMYTH/DAVIS)

 

That the Committee confirm the minutes of the meeting held 22 October 2013.

 

 

 

ITEM 3.2                    SF1822    031213  Business Arising from Previous Meeting held 22 October 2013

ReSOLVED: (HUTCHINSON M/DAVIS)

 

That the matters arising from the minutes of the 22 October 2013 be noted.  The Committee further noted Council’s efforts in regarding the Countrylink train services no longer stopping at Nambucca Heads and advice from the RMS that the decision will not be reversed.

 

 

 

ITEM 3.3                    SF1822    031213  Correspondence to the Access Committee meeting 3 December 2013

RESOLVED: (DAVIS/SKY)

 

1     That the Committee note that a few potholes at the Plaza have been filled and the correspondence be noted.

 

2     That the correspondence be noted.

 

 

 

ITEM 3.4                    SF1822    031213  Report on General Business to the Access Committee 3 December 2013

ReSOLVED:  (SMYTH/DAVIS)

 

1     That the reports be noted.

 

2     That a commendation be sent to Council thanking the Mayor and Councillors for their support of the Committee’s initiatives with International Day of People with a Disability, particularly the launch of the map and brochure; and further that the Committee’s thanks be sent to Nambucca Valley Phoenix and Peta Carlier at YMCA for their contributions.

 

   

 

NEXT MEETING DATE

 

On the motion of Smyth/Davis, the next meeting will be held on Tuesday 25 February 2014 commencing at 2.00 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 12.50 pm. 

 

 

 

………………………………

SHIRLEY HOLMES

(CHAIRPERSON)

 

 


Ordinary Council Meeting                                                                                                30 January 2014

General Manager

ITEM 9.7      SF251              300114         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.

 

 

 

 

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.

Grant funding application was successful and Council resolved at the 28 November 2013 meeting to accept the grant.  Project will commence in 2014.

 

JULY 2011

 

2

SF1031

21/7/11

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.

Funding has now been received for the Flood Risk Management Plans.

 

Work to commence in 2014.

 

 

OCTOBER 2011

3

SF1460

17/11/11

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.

 

Shall be reviewed as part of the 2014-15 budget

 

MARCH 2013

 

4

RF284

28/3/13

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.

Staff are investigating the availability of plant rated under 9 tonne to comply with the bridge load limit to undertake the repairs.

Letter sent to Luke Hartsuyker on 11 November and a reply was received from Mr Hartsuyker advising that he has made representation to the Hon Warren Truss to have the matter expedited, (a copy of the letter was provided to Councillors week ending 6 December)

The GM was contacted by Raphael Miller Freight & Regional Development Transport for NSW seeking further information from Council on the issues expressed in the Council’s letter to Minister Gay and offered to assist Council with establishing a business case for the project and recommend potential options for funding.

Email reply sent to Raphael Miller from GM on Thursday 28/11/12. 

Access approval gained by ARTC through rail corridor bridge abutment repaired 18/12/2013.

 

 


APRIL 2013

 

6

SF601

10/4/13

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 is 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.

Further follow up letter sent 8 November 2013.

Meeting with RMS, Mayor & MBD in relation to this on 21 November 2013.

 

Design has been released with an on/off ramp north of Macksville.  There is no money in the current budget to complete the works.

 

 

JULY 2013

6

RF275

25/7/13

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.

 

Follow up letter sent 8 November 2013

AUGUST 2013

7

SF1031

14/08/13

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.

 

Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.

 

Staff on leave during December – deferred until February 2014.

 

8

SF1817

29/08/13

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.

 

No response as at 8/1/14.

 

SEPTEMBER 2013

9

SF1755

11/09/13

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

 

AGMCS

Report February 2014

10

LF6417

11/09/13

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.

 

No further action taken to date due to staff resourcing.

11

SF1690

11/09/13

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

 

GM

Report in February 2014..

 

Report with December Budget Review.

12

SF1817

26/09/13

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 of 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.  Council will be contacted early in 2014 regarding its participation in the program.

13

SF844

26/09/13

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.

 

GM

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.

 

Follow up letter sent 22 November 2013.

 

OCTOBER 2013

14

SF1496

31/10/13

That Council note that the Nambucca River, Creeks, Estuary & Coastline Management 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.  That in this respect, Council request the Dept. of Fisheries to write to those people and organisations where it is considered that this motion may have either a positive or negative effect on their business or the Shire if the river was closed and to ask these organisations and people their opinion eg those with fish licences, fish shops and other organisations that provide tourist facilities like caravan parks and our local tourist committee and associations.

GM

Strategic Planner

Grant Nelson wrote to Fisheries on 6/11/13 (28076/2013), no response to date

NOVEMBER 2013

15

SF1817

13/11/13

RMS be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at Partridge/Cooper Street intersection or Boundary Street/Highway intersection.  Also RMS be requested to make the left lane at the Cooper/Partridge Street lights southbound a left turning lane only.

 

AGMES

Letter sent to RMS 15 November 2013.

 

Acknowledgement letter received from RMS advising the matter has been referred for investigation, (copy of RMS letter provide to Councillors on 17/12/13.)

16

SF600

13/11/13

That a further report come to Council on the estimated cost of the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant and the recommended terms of any agreement with Mr Gordon.

 

GM

Awaiting lodgement of EIS.

17

SF 825

13/11/13

There be an annual report on the disposal of Council owned surplus materials and small equipment; the items disposed of; how they were disposed of; and the prices received.

 

AGMES

Report to July 2014 Council meeting.

18

SF642

28/11/13

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES

Report to March 2014 meeting.

19

S92

28/11/13

That Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.

GM

Letter sent to Department of Transport Tuesday

3 December 2013.

 

 

20

SF1268

29/11/13

Council receive a report regarding Our Living Coast program and the website with regard to program delivery and the benefits to the Nambucca Shire.

GM

Report to January 2014 Council meeting.

DECEMBER 2013

21

DA

2013/92

11/12/13

That Council receive a further report regarding any future sale of the land (proposed HealthOne Facility) to the Mid North Coast Local Health District.

 

GM

Report to January 2014 meeting

22

DA

2013/092

11/12/13

That Council continue its lobbying for the provision of renal dialysis services for the Nambucca Valley and Council note the assurance given by Mr Dowrick, CEO of the Mid North Coast Health District, that funding is available for the provision of a dialysis service.

 

GM

Email sent on 9 January 2014 to CEO of Health District seeking advice on the outcome of the current tender.

23

SF1830

11/12/13

Council consider options for upgrading its Pound when it considers its draft budget

 

GM

Report February/March 2014

24

SF1830

11/12/13

That grants be sought to assist with the Pound upgrade costs.

 

GM

Report February/March 2014

25

SF1830

11/12/13

That an on-line companion animal re-homing scheme via the website, Facebook and the local veterinary clinics start as soon as possible.

 

GM

Implementation January 2014

26

SF1830

11/12/13

Council contact local media outlets to establish whether as a community service they would be prepared to promote Council’s initiative to save animals from euthanasia and that a media release be issued once the web based animal re-homing scheme is operating.

 

GM

Implementation January 2014

27

SF1915

11/12/13

Council note that before a determination as to whether the pool inspection program be shortened, a compilation of the pools is required through investigation of aerial photographs and the current pool register and that a further report be provided to Council once staff have completed this investigation.

 

GM

April 2014

28

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

 

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

29

SF1856

11/12/13

Council invite Mr Kent Lee (LLS Chair) to make a presentation on the Local Land Services

 

GM

Invitation issued 10 January 2013.

30

SF818

11/12/13

(Nambucca District Water Supply – Documentation of Management Plans for Off River Storage licence requirements) – following the receipt of the fee schedule from the Public Works a further report be provided to Council on the engagement of the Public Works for the development of the Management Plans.

 

AGMES

Due to Christmas closure of Public Works – report to be presented to February 2014 meeting.


 

31

SF1621

11/12/13

(Nambucca District Water Supply – Off River Storage Adaptive Management Workshop) – that Council be provided with a draft Terms of Reference reflecting the amalgamation of the River Monitoring Committee and the Technical Group with a report to be provided for the 30 January 2014 Council meeting for formal adoption.

AGMES

Report to 30 January 2014.

 

Due to Christmas closure of Public Works – report to be presented to February 2014 meeting.

32

SF6515

11/12/13

(Macksville Industrial Estate Channel Remediation Works) That Council seek legal advice as to the ownership of the lot containing the drainage channel in the event that Eureka 2 Project 6 Pty Ltd becoming insolvent and the responsibility of liability to rectify the channel.  That following legal advice, Council receive another report to determine whether Council should issue a Notice of Intent to issue an order for the remediation of the drainage channel which shall include the terms of the proposed order to be issued to Eureka 2 Project 6 Pty Ltd a) to provide a firm timeline for the remediation of the blocked & unstable drainage channel b) carry out initial works to improve the integrity & capacity of the existing blocked drain c) carry our works that will provide for a permanent solution to unstable drainage walls and floor to the satisfaction of Council.

 

AGMES

Report in February 2014

JANUARY 2014

33

SF869

16/1/14

Request Essential Energy underground power lines to Hyland Park

 

GM

 

34

SF1933

16/1/14

Request for left turning lane at the intersection of Cooper and Partridge Streets Macksville

 

AGMES

Letter sent to RMS 20/1/14

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.8      SF1947            300114         2013 December - Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Business Service Coordinator         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”

 

Below is a list of Development Applications and Complying Development Applications received in December 2013.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in December 2013 be received for information.

 

OPTIONS:

 

DA No

Date Received

Applicant/Owner

Proposal

Property

Amount

$

2013/177

03/12/2013

Marcia Baxter

Demolish existing greyhound kennels and construct new kennels. Change of use - cattery to storage shed

Lot 3 DP 1015406, 180 Coronation Road, Congarinni North

380,000

2013/178

03/12/2013

Natasha English & James Baldwin

Pergola

Lot 15 DP 1059266, 28 Sandpiper Drive, Scotts Head

8,000

2013/179

06/12/2013

Voyee & Supa East P/L

Dwelling

Lot 4 DP 1170669, 3 Giiguy Close, Macksville

165,000

2013/180

09/12/2013

Wendy Spear

Rural Shed

Lot 1 DP 389280, 7 Sonnys Road, Warrell Creek

8,375

2013/181

09/12/2013

Kathleen Purkiss

Carport

Lot 1 DP 22293, 22 Nelson Street, Nambucca Heads

6,000

2013/182

11/12/2013

Glenda Munro

Gravel Boat Ramp

Lot 201 DP 841112, 766 Wilsons Road, Bowraville

20,000

2013/183

12/12/2013

Nambucca Gardens Estate

Collector Road

Lot 74 DP 832082, Marshall Way, Nambucca Heads

405,000

2013/184

17/12/2013

Ian Ward

Windmill

Lot 27 DP 24235, 21 Old Coast Road, Nambucca Heads

200

2013/185

17/12/2013

Lyn Scott

Use of Pool

Lot 178 DP 755564, 385 Williams Hill Road, Yarranbella

2,000

2013/186

18/12/2013

John Harper

Dwelling & Shed Staged Development

Lot 42 DP 1179889, Grandis Glen, Congarinni North

400,000

2013/187

20/12/2013

Alan Rudge Architect for Mr P Savage

Shed

Lot 5 DP 21223, 44 Mann Street, Nambucca Heads

10,000

 

CD No

Date Received

Applicant/Owner

Builder

Private Certifier

Proposal

Property

Amount

2013/670

05/12/2013

Jennifer David & Michael Kopcsandy

Owner-Builder

Private Certifier - Brian Dwyer BPB0104

Dwelling - Residential

Lot 3 DP 1160971, Rodeo Drive, Bowraville

106,000

2013/671

16/12/2013

Urban City Consulting Pty Ltd

TBA

 

NBN Fixed Wireless Base Station

Lot 191 DP 625370, 95 Little Tamban Road,Eungai Creek

192,500

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

General Manager's Report

ITEM 9.9      SF1947            300114         Outstanding DA's greater than 12 months, applications where submissions received not determined from 6-17 January 2014

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Business Service Coordinator         

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1) (One application is in excess of 12 months old).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

Recommendation:

 

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

 

 

TABLE 1:       UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

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

Lot 2 DP 1119830, Alexandra Drive, Bellwood

134 public submissions

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.

 

Report in Business Paper of 13 Nov 2013.

2013/008

23/01/2013

3 Dwellings

Lot 2 DP 107422

125 Mann Street, Nambucca Heads

0 public submissions

Awaiting design details for access and drainage

 

Please note that there is two 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

2013/092

29/08/2013

Health Services Facility & Subdivision

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

4 public submissions

 

·     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 road (Centenary Parade) therefore increasing traffic to area and can be dangerous with lots of school children. Issues with emergency evacuations

·     Parking an issue during carnivals etc

·     Little consultation into the development of this Health Care Centre - request for dialysis services to be included in the new centre

·     Existing levels and types of crimes already in area maybe exacerbated

·     Re-zoning costs borne by Council not required for alternate sites

·     Request for further consultation with police, schools, school bus providers and other primary health providers for another site

Matters pertaining to comments on the submissions particularly the type of health services provided and need for, car parking and traffic – Referred to Applicants Consultant

2013/129

25/09/2013

2 Lot Residential Subdivision

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

2 public submissions

 

·     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

·     Preliminary assessment shows significant constraints.  Owner/Applicant advised to consider withdrawal

Owner requested additional time as having geotechnical assessment carried out

2001/096/01

27/09/2013

Quarry – increase annual extraction limit

Lot 100 DP 1118337, 491 Valla Road, Valla

14 public submissions

 

·     Heavy traffic and incompatibility with road use, water issues, air quality issues, noise and blasting issues, hazard issues, social, health and economic issues (locals paying for road repairs and reduced value of houses etc)

·     A need to protect the community before it’s too late

·     Quarry shown disregard for approved extraction rate and

·     Valla residents have no right of appeal to the Court

·     Money already spent on road repairs is above funds the Quarry provides to Council and Council funding spent on other roads & providing other services in the Valley

·     Resident dodge speeding trucks with uncovered loads taking up both lanes

·     Do not feel safe driving on the Valla Road

·     After paying rates have to pay for replacement of windscreen repairs and wheel re-alignments

·     Home rocks and windows rattle when explosions occur

·     Asking why was there no community consultation?

·     Proximity to one of the houses

·     Noise from explosions

·     Cracking in walls closest to quarry

·     Possible damage to aquifers

·     Devaluation of realty value

·     Scenic, Environment & ecological damage to the Valla Valley

·     Irreversible dame to the Mt England ridge and geological rock sub structures throughout

·     Trucks damaging road structure of Valla Road

·     Speeding trucks

·     Trucks crossing centre line posing danger

·     Use of northern access to Pacific Highway along Deep Creek Road  and new light bridge

·     Evasive and dismissive response from the quarry when reporting by phone

·     Quarry materials taken out of the Shire

·     To many trucks using Valla Road

·     Valla Valley developing as rural residential area and should not be industrialised

·     Air pollution

·     Is there a significant increase in the environmental aspects

·     Environmental disaster

·     Scar on the landscape

·     Never the intention of original owner

·     Residents living in Rural Residential area with Quarry

·     Truck noise from 6.30am

·     Narrow road & not constructed to cope with this volume of traffic

·     Access and egress from property hazardous

·     Quarry operating illegally why be rewarded with extension

·     59% is a significant change to current consent

·     Point 30 – How does this relate to application

·     Point 31 – fewer details to draw information from

·     Consequences of modification are ignored and obfuscated

·     Significant change in the operation of the quarry

·     Proposed modification is substantially different

·     EPA requiring a noise monitoring is a testament to 10 years of complaints by affected residents

·     Violates noise requirements

·     Magnified by current owners with no consideration or consultation to the community

·     Over producing for over last 24 months

·     No sound barriers

·     Vague information received for council

·     Need meeting between residents and all other parties

·     Council to enforce conditions

·     Require monitoring of traffic on road

·     Breach of original conditions

·     No plan to revegetate and stabilise each stage prior to moving to next

·     Moved to a quiet area for business

·     Destroyed social fabric of the residents eg heavy trucks so dangerous to walk or ride on road

·     Residents sick with stress

·     Property valuation decreased

·     Rocks flying up from trucks

·     Cost to car repair due to roads that are continually disintegrating

·     Trucks pull out of quarry in front of oncoming traffic

·     Trucks on wrong side of road

·     Declining value of property

·     Groundwater contamination

·     Surface water contamination

·     Exploiting resources

 

Council has sought legal confirmation of the Development Application being substantially the same development and able to be lodged a modification

Council’s Officer has raised 2 matters to be addressed by legal advice which has been referred to the applicant in the determination of whether the application is a modification:

-   Truck movements daily; and

-       Noise

Application is being determined as modification

Meeting with Quarry Managers states noise problem reduced.  Awaiting response from EPA

2013/170

18/11/2013

Boundary Adjustment, shed, operate depot

Lot 2 DP 881651, 296 Valla Road, Valla

2 public submissions

 

·     Land zoned Agricultural/Rural and this is to establish an Industrial enterprise

·     Industrial site planned for the Cow Creek area and this is where should be located

·     More than enough trucks on Valla Road especially with the application for the Valla Quarry being considered with more trucks

·     Applicant owns very large machinery

·     Increase in residential numbers over the past years therefore increase in vehicles and these will have to compete with industrial vehicles

·     Increase in noise and dust

·     If granted, potential to cause a decrease in the value of the land

·     Water issues – drains directly into Deep Creek and floods are observed frequently on this land

·     Air quality reduced by dust and toxics

·     Green fill would be odorous – comparable to a rubbish tip

·     Valla Road is not coping with current usage with pot holes – stone chips are common

·     No compatibility of the proposal to adjoining grazing properties

·     No mention of 2 operations involving use of concrete crusher and greenwaste tub grinder which is exceedingly noisy

·     Disagree with “development compatible with adjoining neighbours”

·     Feeders – running times and how monitored, location

·     No selling of materials – secondary aggregate is valuable commodity

·     Water pollution

·     Most properties in neighbourhood are rated Residential/Village Estate not compatible to industrial

·     Directors do not reside near property so removed from noise pollution

·     Visual amenity

·     Staff amenities not appear convenient for industrial use

·     Unsupported by adequate environmental impact studies

·     Council setting precedent for the use of vital agricultural land

Notification period extended for a further 14 days

Additional information requested

2013/186

18/12/2013

Dwelling & Shed Staged Development

Lot 42 DP 1179889, Grandis Glen, Congarinni North

1 public submission

 

·     Placement of aerated pits are parallel, and in very close proximity to neighbours southern boundary fence

·     Due to lay of land and location of pits any extra run off will impact on neighbours residence as pits located in natural waterway of dam and children swim in dam and animals drink the water

2013/177

3/12/2013

Demolish existing kennels and construct new kennels

Lot 3 DP 1015406, 180 Coronation Road, Congarinni North

·      Appalling timeframe given

·      Noise pollution – can hear dogs 2kms away and 24 hrs per day and feeding times

·      Water pollution – runoff into Nambucca River

·      Unsuitable road conditions

·      100kms speed limit

·      Roads not wide enough

·      Edges too narrow

·      No safe turning into private driveways

·      No safe parking when gates closed

·      Vehicles exiting and entering property only room for 1 vehicle and others block road

·      No drainage along roadside

·      When Taylors Arm Road or Talarm bridge closed more traffic on road

·      Not enough information in DA

·      Original application over 15 yrs old

·      Houses built within ear shot of existing kennel/cattery

·      No exact totals of number of animals

·      Industrial area to place establishment not in Rural Village

·      Not enough car parking

·      More notification required – the whole of Macksville should be notified as impact on whole valley

·      Why need for 6 room hospital when Vet available 24/7

·      No allowance for heavy vehicles

·      What happens in drought – not mentioned

·      No boundary fence – animals escape

·      Internal roads ? are these sealed or will cause dust

·      Large cliff area

·      Keeping grass to 30cm around will hide snakes and dangerous animals

·      Not good to have cats and dogs unloading in same park

·      Hope not being used for greyhound breeding and training

·      Dogs escape from property

·      Human activity in kennels at all times of the night

·      Lost cats and dogs

·      Kennel clients arriving at neighbours all hours seeking directions

·      No restriction to operating hours\council failed to enforce conditions previous set

·      Requesting chemical testing of water supply for neighbours livestock

·      Restriction on trading hours

·      Reliable water for cleaning and watering

·      Asbestos clad building be demolished

·      Buffer zone to be within developers boundary

 

Note:  That this DA is not an extension of operations but a renovation and rebuild to a higher standard

2013/181

09/12/2013

 

Carport

Lot 1 DP 22293, 22 Nelson Street, Nambucca Heads

·      Unnecessarily big and bulky to provided adequate cover for 2 cars parked in tandem

·      Will impact deleteriously on neighbours and proximity to home especially the bedrooms

·      Proposing to build up to common boundary

·      Non-compliance with setback

·      Impact on streetscape and surrounding environment as well as aesthetic appeal and amenity of neighbours property

·      Not in keeping with the intent and design objectives and principles of Council’s DCP

1998/055

5/12/2013

Extractive Industry Modification

Lot 1 DP 1106647 & Lot 2 DP 1181639, Pacific Highway, Way Way

·      Noise and dust from Quarry

·      Several instances where Quarry operating unsatisfactorily and contact has had to be made with owners and Council

·      Using excessive explosives resulting in residences shaking – now using monitors and seems acceptable

·      Use of rock breaking machine operating from 6.00 am to 5.30 pm

·      Black sooty dust landing on neighbours homes and if permitted to increase then increase in this dust – allergies in neighbours

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1875            300114         Investment Report To 31 December 2013

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2013 to 31 December 2013 is $1,041,775.48 (Cash Result)

Estimated Accrual interest up to 30.6.14 is $566,420.50.

Anticipated interest return for financial year is $1,608,195.98.

 

The budget allocation for the financial year “2013/14” is $1,068,000.

 

Council currently has $43.924 Million invested:

·      $5.669   Million with Managed Funds,

·      $1.673   Million with On Call Accounts

·      $36.068   Million on Term Deposits,

·      $0.514   Million in a Floating Rate Note.

 

This report details all the investments placed during December and Council funds invested as at 31 December 2013.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 December 2013 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during December 2013 and Council funds invested as at December 2013.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2013/2014 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2013/2014 will be completed with the December 2013 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the December 2013 Budget Review.  Variances will be distributed between the Water, Sewerage and General Funds for the first half of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                30 January 2014

Corporate Services

ITEM 10.2    SF251              300114         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

30/01/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

05/02/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/02/2014

Council Chambers

5.30 PM

Special Council Meeting

20/2/2014

Council Chambers – Special Rate Variation

5.30 PM

Access Committee

25/02/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/02/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

05/03/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

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 – depart at 4.30 pm

5.30 PM

Water Supply Steering Committee

02/04/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

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 – depart at 4.30 pm

5.30 PM

Water Supply Steering Committee

07/05/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

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 – depart at 4.30 pm

5.30 PM

Water Supply Steering Committee

04/06/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

12/06/2014

Council Chambers

5.30 PM

Access Committee

24/06/2014

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                                                                                                30 January 2014

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1031            300114         Adoption Of Draft Policy - Rates Hardship

 

AUTHOR/ENQUIRIES:    Peter Wilson, Manager Special Projects         

 

Summary:

 

The purpose of this report is to consider the adoption of a Draft Rates Hardship Policy setting the parameters for the assessment of hardship applications in accordance with Sections 564, 567 and 601 of the NSW Local Government Act 1993.

 

Council does not currently have a policy outlining the parameters and process for assessing hardship applications and has dealt with such requests through the provision of payment plans only.

 

 

 

Recommendation:

 

1        That the Draft Policy Rates Hardship be exhibited for 28 days

 

2        That a further report be prepared for Council Meeting, to be held on 13 March 2014, to consider the adoption of the policy following the expiration date for the receipt of submissions.

 

 

 

OPTIONS:

 

No policy is adopted.

 

 

DISCUSSION:

 

The NSW Local Government Act 1993 provides Council with three (3) options for providing assistance to ratepayers who are finding it difficult to pay their rates and charges because of financial hardship.

 

(1)  Sections 564 and 567 – Council can enter into payment agreements with ratepayers, who cannot meet their normal instalment payments as provided by the Act and may write off interest charges.

 

(2)  Section 582 – Council may waive or reduce rates, charges and interest due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.

 

Voluntary pensioner concessions (under Section 582 NSW LGA 1993) can be granted by Council with the amount of concession to be set by a Council resolution.

 

(3)  Section 601 – Any ratepayer who incurs a rate increase in the first year following a revaluation of land values can apply to Council for rate relief if the increase in the amount of rates payable would cause them substantial hardship.

 

Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable.

 

The Draft Rates Hardship Policy outlines how Council may help ratepayers who experience genuine financial difficulties to pay their rates and charges (financial hardship). The main objective of the Draft Rates Hardship Policy is to provide for the welfare of resident ratepayers and resident dependents and for the protection of their place of residency.

 

Guidelines released by the Local Government and Shires Associations (now Local Government NSW) in August 2011 recommended that the policy should cover:

 

-     Financial hardship resulting from certain changes in land valuation according to Section 601 of the NSW Local Government Act 1993;

-     All other instances of financial hardship; and

-     Reference to and/or include concessions available to pensioners under Section 575 of the NSW Local Government Act 1993.

 

The LGNSW guidelines state that the policy should distinguish and deal with residential, business and farmland ratepayers. Generally, commercially used properties (business, farmland) should be excluded from the policy. However, the policy should include arrangements for the scenario where the commercially used property is also used as a place of residency.

 

In accordance with the Act and taking into consideration the LGNSW guidelines, the attached Draft Rates Hardship Policy provides for the following hardship assistance:

 

(1)  Assistance by periodical payment arrangements (Section 564)

(2)  Assistance by writing off accrued interest and costs (Section 567)

(3)  Assistance due to general revaluation of the Local Government Area (Section 601)

 

The draft policy sets out the administrative process and the General Manager has the delegated authority to assess applications. In the first instance the application will be reviewed by the Hardship Committee appointed by the General Manager.

 

Reductions for eligible pensioners (Section 575 NSW LGA 1993)

 

Pensioners requesting a concession are required to submit an application on the prescribed form with the production of a current Pension Concession Card (or equivalent card for TPI and EDA pensioners) issued by Centrelink or the Department of Veterans Affairs.

 

Only eligible ratepayer pensioners are entitled to receive a pensioner concession against their rates and charges. The property for which a pensioner concession is sought must be the applicant’s sole or principal place of living.

 

Rate concessions are limited to the current rating year and two rating years prior to the application. Any component of the pension concession granted on any water usage account will be limited to the billing period in which the application is submitted.

 

Mandatory pensioner concessions (under Section 575 NSW LGA 1993) will be granted as follows:

 

-     50% of Ordinary Rates and Domestic Waste Management Service Charges up to a $250.00 maximum rebate.

-     50% of Water (special) Rates or Charges up to a maximum $87.50 rebate.

-     50% of Sewerage (special) Rates or Charges up to a maximum $87.50 rebate.

 

Voluntary pensioner concessions (under Section 582 NSW LGA 1993) can be granted by Council with the amount of concession to be set by a Council resolution.

 

 

CONSULTATION:

 

In addition to the statutory requirement for pensioner rebates, councils have adopted a Rates Hardship Policy.

 

Council resolved 11 December 2013, inter alia, “That Council not adopt (an additional voluntary) pensioner concession, under Section 582 NSW Local Government Act 1993, on the basis that the mandatory pensioner concessions already place a significant burden on council’s financial position, the majority of pensioners are subject to a Minimum Rate and the announcement of a lower than expected Rate Peg for 2014/15.”

 

The General Manager has the following Delegations of Authority:

 

·              To approve interest charges accrued pursuant to Council’s power under section 567 of the NSW Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person’s control or payment of the accrued interest would cause personal hardship.

 

·              To approve interest charges on current years rates and annual charges levied pursuant to Council’s powers under S564 of the NSW Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

 

·              To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council, except for the compulsory sale of land for unpaid rates.

 

·              To approve the disconnection of the water supply to a property for non-payment of water charges and to order the reconnection to the water supply.

 

IPART when assessing Council’s Special Variation Application is required to assess the impact on ratepayers. Factors considered include consideration of how the council’s hardship policy might reduce the impact on ratepayers.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

The availability of financial assistance by way of a Rates Hardship Policy assists eligible pensioners and others on low incomes in affording and remaining in their own home.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial impact of Nambucca Council’s current mandatory pensioner concessions (2013/14) are detailed in the following Table.

 

Pensioner Concessions

Ordinary

Water

Sewerage

Total

Number of ordinary rate assessments

9,249

 

 

 

Number of concessions granted 2013/14

2,403

1,785

1,588

 

Percentage of ordinary rate assessments

25.98

 

 

 

Claim 2013/14

$  574,050

$  157,900

$  133,167

$  865,117

Subsidy claimed (x 0.55)

$  315,727

$    86,845

$    73,242

$  475,814

Council costs

$  258,322

$    71,055

$    59,925

$  389,303

 

The writing-off of interest will reduce Council’s income from interest charges.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

Not applicable.

 

NAMBUCCA SHIRE 2023 COMMUNITY STRATEGIC PLAN ALIGNMENT:

 

This policy aligns with the following strategic direction within the Nambucca Shire 2023 Community Strategic Plan:

 

1.1  Citizen Engagement

 

Objective: The Council and its community support open government where public participation is encouraged not only in policy development and major decisions, but in the day to day administration of the Council.

 

 

Attachments:

1

1657/2014 - Rates Hardship Policy

 

  


Ordinary Council Meeting - 30 January 2014

Adoption Of Draft Policy - Rates Hardship

 

 

 

 

 

NAMBUCCA  SHIRE  COUNCIL

RATES  HARDSHIP  POLICY

 

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

 

1.1     To provide assistance to ratepayers experiencing genuine substantial financial difficulties with the payment of rates and charges, and

1.2     To provide an administrative process to determine applications for financial hardship concessions.

1.3     To fulfil the statutory requirements of the NSW Local Government Act 1993 and NSW Local Government (General) Regulation 2005

 

2.0       Related legislation

 

The Local Government Act 1993 (the Act) provides Council with the following options to assist ratepayers with financial hardship:

 

1. Section 564 – Periodical Payment Agreements.

            (a) A Council may accept payment of rates and charges due and payable by a person in accordance with an agreement made with that person.

            (b) The Council may write off or reduce interest accrued on rates and charges if the person complies with the agreement.

 

2. Section 567 – Writing off of Accrued Interest.

The Council may write off accrued interest on rates and charges payable by a person if, in its opinion:

            (a) the person was unable to pay the rates and charges when they became due and payable for reasons beyond the person’s control, or

            (b) the person is unable to pay the accrued interest for reasons beyond the person’s control, or

            (c) payment of the accrued interest would cause the person hardship.

 

3. Section 577 – Extension of Concession to Avoid Hardship

This section deals with eligible pensioners and Council currently has an existing policy regarding the extension of the Pensioner Rate Rebate (concession) and it is not proposed to alter such policy.     

 

 

4. Section 601 – Hardship Resulting from Certain Valuation Changes

            (a) A ratepayer who, as a consequence of the making and levying of a rate on a valuation having a later base date than any valuation previously used by a Council for the making and levying of a rate, suffers substantial hardship, may apply to the Council for relief under this section.

            (b) The Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as it thinks fit.

             

Every three (3) years the Land and Property Information provide Council with a general revaluation of all properties within the shire for rating purposes, and this may result in substantial variations in the land value of properties.

 

 

3.0       Impact of Options Available to Council

 

It is not possible to determine the number of applications for financial assistance that Council would receive in any given year.

 

Any option provided in Council’s Hardship Policy that involves the writing off of interest or rates will have an impact on Council’s revenue for that year.

 

 

4.0       Hardship Policy

 

Part 1 – Hardship Committee

 

All applications for hardship will be reviewed by a hardship committee.  The hardship committee will comprise Council’s Assistant General Manager - Corporate, Rates Officer and Finance Officer - Revenue.

 

Applicants dissatisfied with the decision of the Committee may request a review by Council’s General Manager.

 

Part 2 – Periodical Payment Agreements (Section 564)

 

Council may agree to periodical payment arrangements for rates and charges, including water consumption, from the owner of any rateable property and provided the arrangement is maintained the Council will not commence legal action for recovery of overdue rates and charges.

 

Part 3 – Writing off of Accrued Interest (Section 567)

 

Whilst Council’s Debt Recovery Procedure includes various options in regard to arrangements, ratepayers may apply for further assistance in respect to rates levied on their principal place of residence.

 

Ratepayers suffering from genuine substantial financial hardship may apply to Council to have interest charges waived if they maintain payments in accordance with an arrangement.

 

Council will only waive interest charges accruing from the date of the arrangement and within the current rating/financial year. Interest charges previously raised will not be written off and must be paid in accordance with the arrangement.

 

 

Eligibility Criteria

1.   Available to ratepayers of land categorised for rating purposes within the residential category only.

2.   The property subject to the application must be the sole or principal place of residence of the owner/ratepayer.

3.   Ratepayers eligible for a pension concession rebate must have applied for the concession before a hardship application will be considered.

 

All payments received will be applied towards payment of those rates and charges in the order in which they became due, in accordance with Section 568 of the Local Government Act.

 

 

Part 4 – Increase in Rates Due To Valuation Increases (Section 601)

 

Any ratepayer satisfying the eligibility criteria set out below may apply to Council for assistance in payment of the current ordinary rate.

 

Council will provide assistance in the form of an extended arrangement for the payment of rates and charges and provided payments are maintained in accordance with such arrangement Council will waive interest charges in respect to such rates.

 

Eligibility Criteria

1.   Available to ratepayers of land categorised for rating purposes within the residential category only.

2.   The rated property must be the sole or principal place of residence of the owner/ratepayer.

3.   The percentage change in valuation for the property must be ten percent (10%) greater than the average percentage change for all properties in that sub-category subject to that rate. (eg, if the average increase in valuation for all properties subject to the Residential Town rate is fifteen per cent (15%) the increase on a single property will need to be Twenty five per cent ( 25%) or more to be eligible.)

4.   The maximum amount of relief under this section is $200.00

 

 

Ratepayers seeking assistance under this Policy will be required to complete an application form and supply all information requested.  The application form is available for download from the Council’s website (www.nambucca.nsw.gov.au) or can be collected from the Council’s administration office or mailed out.

 

All applications will be considered by Council’s Hardship Committee on a case by case basis.

 

 

 

 

 

 

 

 

 

 

 

 

Function:  Corporate Services

Area:  Finance

Responsible Officer: Rates Officer

 

 

Complied: 21/01/2014

Adopted

Last reviewed

 

 

 


Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF84                300114         2014/2015 NSW Rural Fire Services 'BID'

 

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

 

Summary:

 

This report seeks Council endorsement of Option One for draft 2014/15 Rural Fire Service “BID” as presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone to Council at the meeting held 16 January 2014.

 

 

Recommendation:

 

1        That Council endorse OPTION ONE for the Rural Fire Service “BID” for 2014/15 financial year being an amount of $236,711.00, and thank the Rural Fire Service Zone Manager for the Lower North Coast Zone for his concerted effort to endeavour to provide a 2014/15 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy

 

2        That Council write to the Commissioner for the Rural Fire Service and advise that:

 

a)       Council acknowledge that the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to provide a 2014/15 Rural Fire Service “BID” for the Nambucca Shire Council, within the realms of the rate pegging levy and trust that the State Government will adhere to the same parameters.

 

b)       The 2014/15 Rural Fire Service “BID” of $236,711.00 has been endorsed by Council as presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone at Council’s January meeting held on 30 January 2014 and that Council will not endorse any further increases to the draft bid as presented.

 

3        That Council write to the Minister for Police and Emergency Services and the Deputy Premier, the Hon Andrew Stoner MP, and advise that:

 

a)       That the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to provide a Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy and trust that the State Government will adhere to the same parameters.

 

b)       The 2014/15 Rural Fire Service “BID” of $236,711.00 has been endorsed by Council as presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone at Council’s January meeting held on 30 January 2014 and that Council will not endorse any further increases to the draft bid as presented.

 

 

OPTIONS:

 

Adopt OPTION 1 $236,711.00 being an increase of $2,500.00 or 1.1% on the State Government advised budget – December 2013 (contains capital works for two driveway access and nil plant replacement)

 

Adopt OPTION 2 $245,690.00 being an increase of $12,500.00 a 5.4% increase (contains capital works for two driveway access and plant replacement)

 

 

DISCUSSION:

 

During the budget deliberations for the 2013/14 budget, Council made a provision of $218,991.90 in the 2013/14 budget based on the resolution of Council emanating from the February 2013 meeting.  Council would recall the report presented to the December 2013 meeting advising of the formal notification from the NSW RFS Commissioner that the 2013/14 contribution was $233,125.00 for the NSW RFS Fire Fighting Fund (TRIM 28617/2013), being an increase of $14,134.00 over that resolved by Council. (A variation to the budget for the RFS budget was included in the December QBR).

 

The Rural Fire Service Zone Manager for the Lower North Coast Zone addressed Council at the meeting held 16 January 2014 and presented the draft Rural Fire Service “BID” for 2014/15.  Two options were provided for Council consideration:

 

OPTION 1    $236,711.00 being an increase of $2,500.00 or 1.1% (contains capital works for two driveway access and nil plant replacement)

 

OPTION 2    $245,690.00 being an increase of $12,500.00 a 5.4% increase (contains capital works for two driveway access and plant replacement)

 

NOTE:

 

1        The RFS BID increase in the options presented above are based on the NSW RFS Commissioners December correspondence that the 2013/14 contribution was $233,125.00 for the NSW RFS Fire Fighting Fund, which contained an increase of $14,134.00 over that resolved by Council and adopted for the 2013/14 budget.

 

2        The draft BID for 2014/15 includes an estimate only of the state program charges as these are outside the control of the Rural Fire Service Zone Manager for the Lower North Coast Zone. Past history would indicate that the state will increase their component.

 

Council resolved to write to the Commissioner for the NSW Rural Fire Services and seek a response on what the NSW RFS are doing to rein in their expenditure.  The correspondence from the Commissioner dated 15 January 2014 and provided to Council on Monday 20 January 2014 and the following is a pertinent extract from his letter which provides no accountability at all other than it’s the expectation of the community:

 

 

 

CONSULTATION:

 

General Manager

Rural Fire Service

Liaison Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

The economic implications associated with the ability of Council to fund RFS contribution increases are off-set against the reduction of Council services to Nambucca Valley communities to compensate for the increase

 

Risk

 

There is the risk of an increase on the draft “BID” once it leaves the regional office and forwarded to the state.  The draft “BID” presented by the Zone Manager is lean and in the event that the budget is over expended by the RFS, Council will be required to pay for the over expenditure.

 

Option one draft “BID” does not include any proposed plant replacement. Whilst plant is aging, the use of the appliances is minimal and in the event that there was an event, plant and equipment would be sought from other regions.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2013/14 budget incorporated the RFS contribution based on advice of the RFS Area Zone Manager for the Lower North Coast Zone . The figures supplied for the 2014/15 BID will be included in the draft Council budget and management plan. There is the risk of an increase on the draft “BID” once it leaves the regional office and forwarded to the state.

 

Source of fund and any variance to working funds

 

There is no further variations anticipated to working funds for this financial year

 

Attachments:

1

687/2014 - Proposed Lower North Coast (Nambucca) RFS Budget 2014-15

 

  


Ordinary Council Meeting - 30 January 2014

2014/2015 NSW Rural Fire Services 'BID'

 






Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    SF85                300114         NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14

 

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

 

Summary:

 

The NSW Rural Fire Service, Lower North Coast Zone, Liaison Committee met on Thursday 10 December 2013.  This report provides Council with an overview of the activities of the RFS for the second quarter of the 2013/14 financial year.

 

 

Recommendation:

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting No 2 - 2013/14 held on Thursday 10 December 2013.

 

 

OPTIONS:

 

Receive and note the reports:

 

1        The SLA quarterly business plan, financial and performance reports

2        Operational reports

 

 

DISCUSSION:

 

The minutes of the meeting held Thursday 10 December 2013 along with the SLA quarterly business plan, financial and performance reports are included within the report for Council’s information.  The scheduled October 2013 meeting was cancelled due to a lack of quorum.

 

SLA Business Plan/Quarterly Performance Report

 

The Zone Manager presented the quarterly performance reports for July 2013 to December 2013 period and advised the committee that they are generally on track with the agreed outcomes as shown on the enclosed report (hatched in green being either on target or completed).

 

It was noted that there are a number of target performances that have been identified at State Level that are not achievable and these are being reviewed to set a realistic target performance value that is achievable.

 

Financial Report

 

The Zone Manager presented the expenditure for the Service for the period July 2013 to December 2013 for the Nambucca Shire Council. The expenditure for this financial year is anticipated to remain on budget. This will be monitored with the up and coming summer fire season.

 

Operational Report

 

The Zone Manager provided a verbal overview of the operations for the July 2013 to December 2013.   A summary of the number of incidents over the past three years was presented:

 

 

Nambucca

Kempsey

Total

13/14 Q1

54

153

207

12/13

137

333

470

11/12

63

144

207

10/11

33

82

115

 

 

Liaison Committee meeting cycle

 

The Liaison Committee meeting schedules for 2014/15 are as follows:

 

Wednesday – 12 February 2014

Wednesday – 14 May 2014

Wednesday – 13 August 2014

Wednesday – 12 November 2014

 

 

CONSULTATION:

 

Rural Fire Service.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report.

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report

 

Risk

 

There are no risk implications associated with this report

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2013/14 budget incorporated the RFS contribution for 2013/14 and a variation was reported to Council in December 2013 with an increase of $14,000.00

 

Source of fund and any variance to working funds

 

There is no further anticipated variation to working funds required this financial year.

 

 

Attachments:

1

1495/2014 - NSW RFS 3 Service Level Agreement Minutes 10 December 2013

 

2

1496/2014 - NSW Rural Fire Service LNC Business Plan 2012-13 Q4 SLA (3)

 

3

1499/2014 - NSW Rural Fire Service LNC Business Plan 2013-14 Q1 SLA (3)

 

  


Ordinary Council Meeting - 30 January 2014

NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14

 




Ordinary Council Meeting - 30 January 2014

NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14

 




Ordinary Council Meeting - 30 January 2014

NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14

 








Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Engineering Services Report

ITEM 11.3    SF1676            300114         Capital Works Report - 1 July 2013 - 31 December 2013

 

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

 

Summary:

 

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

 

 

Recommendation:

 

1        That the Capital Works Report for the period 1 July 2013 to 31 December 2013 be received and noted.

 

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

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

The Capital Works report is presented for the period 1 July to 31 December 2013.

 

Comments from Acting Assistant General Manager Engineering Services:

 

The variations presented at the September QBR and adopted by Council have been adjusted within the budget. The spreadsheet presented in this report reflects the expenditure for capital works for the December Quarterly Budget Review (QBR).  As of this current review, the capital works program is substantially in progress and anticipated to be completed by 30 June. The heavy patching program and reseals programs incurred a delay due to rainfall but are now scheduled for completion in Jan/Feb 2014.

 

Comments from Manager Civil Works:

 

There are no significant issues associated with the Civil Works Capital Works program to date.  The majority of works brought forward from the previous financial year have now been completed.

 

Reseals and urban street rehabilitation programmed for November 2013 were delayed due to a rainfall event and have been rescheduled for Jan/Feb 2014 subject to the contractor commitments.

 

Although not Capital Works the heavy patching program on rural roads is progressing with completion due in late January 2014.

 

The replacement of Lovedays Bridge was included in the 2014/15 budget.  Since the budget presentation urgent maintenance works have extended the life of the bridge.  During consideration of the Local Infrastructure Renewal Scheme (LIRS) application deferral of this replacement was considered beneficial to the future budgets while not adversely affecting the current works program. 

 

This proposal was initially identified in a presentation to Council in December 2013 and it was resolved at the Council meeting on 16 January 2014 to defer construction of Lovedays Bridge with a variation to the 2013/2014 budget.  The variation totals $195,790 (saving).

 

An additional variation to the budget is required for the replacement of three floodlight poles at Coronation Park Sports Ground. The replacement of two poles had originally been included under a maintenance budget for the reserve for a cost of $9683.00 as a committed order (dated 12 June 2013) in the 2012/2013 budget.  The works were not completed by the end of the year due to the contractor’s availability and the order was brought forward.

 

A further pole has been inspected and identified for replacement and the contractor has now revised the quotation indicating a significant increase in cost hence withdrawing from the original order.

 

A second quotation has been obtained with both being in the order of $20,000 for the supply and erection of three floodlight poles (including removal and disposal of the old poles).  Council’s contract electrician has also identified that upgrade of cross members, cables and conduits will be required.  An estimate of $5,000 should be allowed.

 

The total replacement cost is therefore $25,000 requiring the allocation of an additional $15,000 to Work Order 1252.

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER

VARIATION

4

Construction of Lovedays Bridge

Deferred until 2015/16 as part of Council’s LIRS application and long term plan by resolution on 16 January 2014.

 

- $195,790

 

Floodlight Poles at Coronation Park

Additional pole to be replaced and revised estimate.

 

+ $  15,000

 

Comments from Assistant General Manager Engineering Services on plant replacement:

 

The Manager Assets resigned from Council in December 2013 and the recruitment of a replacement Manager is presently underway.

 

Council are moving away from the Toyota lease arrangement for its light fleet and purchasing the vehicles outright. The vehicles are progressively being replaced as the lease expires. The following light vehicles have been replaced as per the budget allocations within this quarter for:

 

·      Manager Business Development

·      Manager Development & Environment

·      Manager Financial Services

·      Water and Sewerage Engineer

·      Water and Sewerage Supervisor

·      Water Fund

·      Sewer Fund

 

Bitumen Truck - The tender for the replacement of the bitumen patching truck (Paveliner) closed in late December and is being assessed.

 

Garbage Compactor - The procurement of the garbage compactor was temporarily placed on hold pending a review of the Town Service operations.  Some minor changes to the teams operations have been implemented for trial.  It has been determined that there is still a present requirement for the compactor and the specifications for the replacement are being drafted and procurement organised which will occur in the latter quarter of this financial year.

 

Disposal of vehicles - Two Mitsubishi Tritons utilities (maintenance grader team) were sold at auction through Valley Auctions in Newcastle the vehicles were in poor condition and in excess of 200,000km.

 

Plant 900 2WD Triton       203097 Km            Auction sale price $3,000

Plant 961 4WD Triton       218447 Km            Auction sale price $5,400

 

Safety Barrier – Quotations are being sought for the purchase of safety barriers and will be purchased in the third quarter of the financial period.

 

Comments from Manager Water and Sewerage:

 

The following table provides a summary of the capital works items in the 2013/14 budget:

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRY OVER

VARIATION

 

WATER

W1

Reservoir Improvements

(WO1629)

Upgrade works on Bowraville Balance Tanks now completed.

N/A

 

W2

Water Mains Replacement

(WO1642)

Works in Bent Street completed.

Other works being planned

N/A

 

W3

Water Mains Upgrading

(WO1643)

Planning for work to upgrade main along Bellingen Road,

Bowraville.

N/A

 

W4

Water Supply Pumping Plant (WO1655)

Not commenced.

N/A

 

 

W5

Off River Storage Land Matters (WO1810)

Council preparing plans and valuations to commence compensation negotiations with landowners.

N/A

 

W6

Water Supply Telemetry (WO 1918)

Works on upgrade of water supply SCADA system beyond the headworks area have commenced.

N/A

 

W7

Off River Storage Project (WO2012)

Progress to date is well behind schedule and there will be groundwater and delay claims to be negotiated.

N/A

 

 

W8

Water Tank Removal Waterford Way (WO2145)

Revised scope of works  - pressure reduction valve has been relocated

N/A

 

W9

Seal Bore Casings (WO2149)

Some bore head fittings have been manufactured ready for installation.

N/A

 

SEWERAGE

S1

South Macksville Pump Station (WO 1675)

Tender closed 16 January 2014.

N/A

 

S2

Pump Replacement (WO1676)

Pumps ordered for programmed works.

N/A

 

S3

Sewer Telemetry (WO 1690)

Majority of work postponed – transfer to Water Supply Telemetry.

N/A

 

S4

Sewer Mains Replacement / Rehabilitation (WO1945)

Quote for sewer relining work in Bowraville closes 30 January 2014.

N/A

 

S5

Bowraville STP Constructed Wetland (WO1984)

Detailed design delayed waiting Section 60 Approval from Office of Water.

N/A

-$304,000

 

The following additional comment is made for those items that require or are considered to be at risk of requiring a variation or carry over.

 

ITEM W7 – Construction works on Package A (storage) of the project are well behind schedule however the Package B (collection and transfer) are now complete.

 

The quantum of the variations is still unknown however the budget will be closely monitored as the works progress.  At this stage it is considered that variations to the current budget allocation are unlikely.

 

ITEM W8 – The proposal to remove the tanks has been revisited and the scope of the work has been revised.  Only the buried set of tanks will be removed as they provide a safety risk. The concrete tank will remain as is.  Tanks will be taken off line as part of normal operation and the reticulation serving this area will be connected direct to the Scotts Head main with a pressure reduction valve being relocated to control pressure in the area.

 

ITEM S3 – Original budget allowed for integration of some sewerage infrastructure across to the new SCADA / telemetry system.  This work has now been postponed and a variation to transfer some of the budget allocation to complete the integration of water supply infrastructure is required.

 

ITEM S5 – An amended Concept Design Report has been submitted to the Office of Water to address comments provided on the original document.  Council is now waiting for the Section 60 approval prior to proceeding with detailed design.

 

The concept design and approval process has taken much longer than anticipated. Construction works are subject to Council approval to proceed and will not take place this financial year.  The proposed budget variation reflects this.

 

Comments from Waste Management Officer:

 

There are no Capital Works to report.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

General Manager

Manager Civil Works

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Waste Management Officer

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There is no risk issues associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

1

1772/2014 - Capital Works Report - Other for Council 31 December 2013

 

2

1765/2014 - Capital Works Report  - Civil Works for Council 31 December 2013

 

  


Ordinary Council Meeting - 30 January 2014

Capital Works Report - 1 July 2013 - 31 December 2013

 


Ordinary Council Meeting - 30 January 2014

Capital Works Report - 1 July 2013 - 31 December 2013

 





Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Engineering Services Report

ITEM 11.4    SF841              300114         Pacific Highway (Nambucca Heads to Urunga) - Assets Handover

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Early works are in progress for the upgrade of the Pacific Highway section of road from Nambucca Heads to Urunga with full construction works imminent.

 

Lend Lease (formerly Abigroup Contractors) have been engaged to build the 22 kilometre dual carriageway together with local access roads connecting communities to bypass.

 

A number of local roads, bridges and a major interchange are identified to be handed over to Council after the project has been completed.

 

 

Recommendation:

 

1        That Council advise Roads and Maritime Services that as Council are unable to maintain and replace the existing infrastructure and cannot afford the maintenance and additional road and bridges infrastructure it will not accept responsibility for:

 

a)   The existing Pacific Highway and associated infrastructure, including the Macksville Bridge.

b)   The Boggy Creek interchange overbridge, roundabouts and associated infrastructure

 

2        That Council advise Roads and Maritime Services that Council will only accept the responsibility of the 6 new proposed local roads created by the Nambucca Heads to Urunga bypass subject to the Roads and Maritime Services providing a 10 year rolling maintenance grant to an agreed value.

 

3        That Council request Roads and Maritime Services to provide a record of infrastructure of all assets it intends to hand over to Council for Council’s consideration prior to any condition assessments or hand overs are enacted.

 

4        That Council liaise with Bellingen Shire Council, local tourism bodies and Macksville, Nambucca and Urunga chambers of commerce for consideration of a suitable name for the existing Pacific Highway that will be by-passed when the Warrell Creek to Urunga Upgrade is complete, with examples being: Nambucca – Bellingen Way or Twin Rivers Way.

 

5        That Council carry the following road naming actions for the 6 proposed local roads;

 

          Road A                 Name-Boggy Creek Access Road

          Road B                 Name-Boggy Creek Link Road

Road C                 Advise owners of the 3 properties that have access to road C Council intends to call this road Flame Tree Road as selected from a list of tree species native to the area

Road D (Sth)         Advise owners of properties that have access to road D (south) that Council intends to retain the name Blackbutt Road and that their street numbers will need to be amended in reflection of the new start point of the road and the distance to their driveway from this start point.

Road D (Nth)         Advise owners of properties that have access to road D (north) and further residents of Burkes Lane that Council intends to call this new road Burkes Lane for a distance along the new alignment equal to that which has been closed along the old alignment to retain existing property numbers, with remainder of the road connecting Burkes Lane to East West Road approximately 750m long to be called Brush Box Road as selected from a list of tree species native to the area.

Road E               Advise owners of the properties that have access to road E Council intends to call this road Jackwood Road as selected from a list of tree species native to the area.

 

 

OPTIONS:

 

1        Council can decide to accept responsibility for the existing highway alignment and Boggy Creek interchange.

 

2        Council can decide it is unwilling to accept responsibility for the proposed new local roads.

 

3        Council can consult with the community regarding road names and request for submissions.

 

 

DISCUSSION:

 

On 31 May 2012, Council considered a report regarding the road and bridge naming and roundabout treatments for assets intended to be handed over to Council post Pacific Highway upgrade from Warrell Creek to Urunga, and resolved as follows:

 

“1       That Council liaise with Bellingen Shire Council with suggestions to rename the existing Pacific Highway that will be by-passed when the Warrell Creek to Urunga Upgrade is complete, with examples being: Nambucca – Bellingen Way or Twin Rivers Way.

 

2        That Council staff commence the road naming process for the new service roads constructed in conjunction with the Nambucca Heads to Urunga Pacific Highway Upgrade in accordance with Council’s current Road Naming Policy and after consultation with residents that are directly affected

 

3        That Council propose a War Memorial theme for the names of bridges constructed as part of the Warrell Creek to Nambucca Heads Pacific Highway upgrade and that the new bridge over the Nambucca River be named ‘Frank Partridge VC Memorial Bridge’ and that Council seek advice from the Frank Partridge Military Museum to name the other bridge/s.

 

4        That Council advise Roads and Maritime Services that the two roundabouts at the new Nambucca Heads Interchange be constructed with concrete infill and that the central 5 metre radius be sacrificial in nature for easy removal to compliment future landscaping works or entry statement treatment.

 

5        That Council advise Roads and Maritime Services the service road connecting the new Nambucca Heads Interchange to Boggy Creek Road and two properties further be designed and constructed to a cater for Industrial traffic loads and road widths.”

 

Items 1, 2 and 3 are yet to be finalised, while Roads and Maritime Services have been advised and reminded about points 4 and 5, discussions regarding 5 have been without success as future developers will be required to provide a road pavement for industrial traffic loads, not Roads and Maritime Services.

 

A       ASSETS INTENDED TO BE TRANSFERRED FOR COUNCIL OWNERSHIP

 

Roads, bridges and roadside assets intended to be transferred to Council during and after completion of the Nambucca Heads to Urunga (NH2U) bypass, these include and are not limited to the following items.

 

Existing Pacific Highway, bridges, culverts, roadside furniture (sign, guardrail etc) and verges Length 8.5kms

 


New local roads 5.1 km’s

 

·      Road A – Extending West from the Interchange, Length - 150m;

·      Road B – Extending from Road A north to Boggy Creek Road and 2 further rural properties, Length – 1.25km;

·      Road C – Extending south from Deep Creek Road and proving access to 3 properties that currently access the Pacific Highway directly, Length 428m;

·      Road D (south) – Connection between Deep Creek Road and East West Road, parallel and immediately west of  the new highway alignment, Length 1.16km;

·      Road D (north) – Connecting East West Road to Burkes Lane, Length 1.15km;

·      Road E – Connecting Burkes Lane to Bellingen Local Government Area and local forest tracks, Length 1km.

 

Total length of new local roads = 5.1km’s

 

New Bridges

 

·      Boggy Creek interchange, including 2 roundabouts associated roads, guardrail and street lighting connected by a dual lane highway overbridge;

·      East West Road Overbridge – Connects East West Road to the existing highway over the new highway.

·      Road B – Bridge over Boggy Creek

·      New bridge over Cow Creek – existing highway

 

 

B       ACCEPTANCE OF ASSETS

 

Nambucca Shires Council is unable to maintain and/or replace its existing infrastructure and cannot afford maintenance of additional road and bridge infrastructure.

 

There is also a history of the handover of substandard assets, examples being the bridge over Deep Creek and the unstable Riverside Drive.

 

Council should consider whether it can carry the burden of additional infrastructure and advise Roads and Maritime Services of its stance early on.

 

 

C       ROAD NAMING AND NUMBERING

 

Existing Pacific Highway

 

The existing Pacific Highway will need to be renamed for its entire length from Warrell Creek to Waterfall Way Urunga. History suggests themed names are designed to promote regions and previous highway alignments as tourist drives. With this in mind tourism bodies and Macksville, Nambucca and Urunga chambers of commerce will need to be involved in discussions for a the provision of a suitable name or names for the consideration of both Councils.

 

A road name without referring to either shires title may be the wisest option, alternatively one that identifies the joint natural appeal of the area and one that encourages tourists to leave the highway is worth exploring, similar to Waterfall Way.

 


Local roads

 

Properties that have an access to the existing Pacific Highway will be denied access on to the new Pacific Highway when the upgrade is complete.  A series of local roads will be constructed to provide public road access from the affected properties to nearby interchanges.

 

Due to the deleted Blackbutt Road alignment, proposed increased length of Burkes Lane and Deep Creek Road existing rural road numbers will be obsolete due to the distance from the new intersecting roads, this will be a big issue for a number of home owners as changing street address can be a time consuming and stressful process. A solution to retaining existing street numbers is by starting the names of roads mid-block

 

The five service roads which will need to be named in accordance with Council’s current Road Naming Policy are:

 

Road A – Extending West from the Boggy Creek Interchange

 

Comment:         This length of road forms the primary access to the Boggy Creek Urban Release Area (URA), its name should comply with a yet to be introduced theme for the URA and in the short term can be known as or formally named Boggy Creek Access or Link.

 

Road B – Extending from Road A north to Boggy Creek Road and 2 further rural properties

 

Comment:         This length of road forms the access to the proposed Boggy Creek Urban Release Area Industrial Estate , its name should comply with a yet to be introduced theme for the URA and in the short term can also be known as or formally named Boggy Creek Access or Link until an appropriate long term name is selected

 

Road C – Extending south from Deep Creek Road and proving access to 3 properties that currently access the Pacific Highway directly

 

Comment:         Residents of the 3 properties should be advised Council intends to call this road Flame Tree Road as selected from a list of tree species native to the area.

 

Road D (south) – Connection between Deep Creek Road and East West Road, parallel and immediately west of the new highway alignment

 

Comment:         This road is designed as an extension of Deep Creek Road and passes through properties addressed as Blackbutt Lane. Existing owners should be contacted to gauge whether retention of Blackbutt Lane is a preferred option, extending Deep Creek Road will require the renumbering of properties along its route.

 

Road D (north) – Connecting East West Road to Burkes Lane

 

Comment:         Option A -Residents of the effected properties should be told Council intends to call this road Burkes Lane for its entire length and that street numbers will need to be changed to reflect the new start point of the road

 

                        Option B -Residents of the effected properties should be told Council intends to call this new road Burkes Lane for a distance along the new alignment equal to that which has been closed along the old alignment to retain existing property numbers, with remainder of the road connecting Burkes Lane to East West Road approximately 750m long to be called road Brush Box Road as selected from a list of tree species native to the area.

 

Road E – Connecting Burkes Lane to Bellingen Local Government Area and local forest tracks.

 

Comment:         Residents of the effected properties should be told Council intends to call this road Jackwood Road as selected from a list of tree species native to the area.

 

D       BOGGY CREEK INTERCHANGE

 

When the bypass is completed there will be a new interchange to service Nambucca Heads.  The interchange will also provide the predominant entry to the Valla Urban Growth Area, access to the heavy vehicle rest area and a proposed service area.

 

The interchange will consist of an overbridge connecting two roundabouts with the requisite slip lanes. The slip lanes remain the responsibility of Roads and Maritime Services while the overbridge connecting two roundabouts is expected to be transferred to Council.

 

The heavy vehicle rest area and possible service centre is expected to generate a large number of heavy vehicle movements onto the proposed local roads from the Pacific Highway this in turn will advance deterioration of the road asset due to the anticipated wear/tear and damage to roadside furniture, Council needs to consider the consequences taking over this liability.

 

 

CONSULTATION:

 

Lend Lease

Roads and Maritime Services

General Manager

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

No environmental issues as a result of this report.

 

Social

No social impacts as a result of this report

 

Economic

No are considerable economic impacts associated with this report but non directly

 

Risk

There is a risk Council will be left with inferior infrastructure with substantial costs associated with maintenance and replacement

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is a substantial impact on future budgets with ongoing maintenance costs and future replacement costs of ageing infrastructure

 

Source of fund and any variance to working funds

Unknown – future grant applications and possible rate increases

 

Service level changes and resourcing/staff implications

The transfer of RMS road and bridge assets to Council will impact service levels as well as resourcing and staff. 

 

Attachments:

1

11682/2012 - Service Roads to be named

 

  


Ordinary Council Meeting - 30 January 2014

Pacific Highway (Nambucca Heads to Urunga) - Assets Handover

 


Ordinary Council Meeting                                                                                                30 January 2014

Assistant General Manager Engineering Services Report

ITEM 11.5    SF1905            300114         Tender No T221314MNC Supply and Delivery of Bulk Cationic Rapid Setting (CRS) Grade Bitumen Emulsion

 

AUTHOR/ENQUIRIES:    Noel Chapman, Manager Civil Works         

 

Summary:

 

Council’s current contract for the supply and delivery of Bitumen Emulsion ended on 31 December 2013. This contract is facilitated through the agreement with Regional Procurement (Hunter Councils Inc).  Tenders for the renewal of the contract closed on 8 October 2013.

 

Tenders were received from the following:

 

·      Bitupave T/as Boral Asphalt

·      Fulton Hogan Industries P/L

·      Downer EDI Works

 

The tender is for a group tender for 24 months commencing 1 January 2014 with a one year option.

 

 

Recommendation:

 

1        That Council accept the Tender for the supply and delivery of Bitumen Emulsion as recommended in the confidential report.

 

2        That Council update the Contract Register.

 

 

OPTIONS:

 

1        Accept the recommendation

2        Not accept a tender

 

 

DISCUSSION:

 

Council’s current contract for the supply and delivery of Bitumen Emulsion ended on 31 December 2013. This contract is facilitated through the agreement with Regional Procurement (Hunter Councils Inc).  Tenders closed on 8 October 2013.

 

Tenders were received from the following:

 

·      Bitupave T/as Boral Asphalt

·      Fulton Hogan Industries P/L

·      Downer EDI Works

 

The contract value is approximately $100,000 per annum.

 

The assessment criteria used to select the successful tender were:

 

65%   Tender price per litre

  5%   Price for cleaning, rinsing, disposal of sludge

10%   Referees –

  5%   Quality Assurance

  5%   OH & S

  5%   Ecologically Sustainable Development

  5%   Current Commitments

 

The assessment panel consisted of:

 

Brian Worth           Great Lakes Council

Brian Ison              Kempsey Shire Council

Peter Salafia          Regional Procurement (Facilitator)

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues for the environment as a result of this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding included in routine maintenance budgets.

 

Source of fund and any variance to working funds

 

Included in existing budgets

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                30 January 2014

Engineering Services

ITEM 11.6    T008/2013        300114         T008/2013 South Macksville Sewerage Stage 2 - Construction of New Sewage Pump Station PS16 and Rising Mains RM 16A & B

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Tenders have been called for the construction of the remaining sewerage pump station Council has previously committed to provide the pump station under Development Control Plan (DCP 17) to service the urban expansion at South Macksville.

 

Tenders closed at 2.00pm on 16 January 2014 and a total of five (5) tenders were received.

 

The estimate cost for this contract was $590,000 and funding for the project has been allocated in the budget for 2013/14.

 

The recommended tender was submitted by a local contractor who is considered to have the experience and expertise to complete the works.  The price submitted is within Council’s budget allocation.

 

Details of the tender assessment have been provided for the information of Councillors in a Confidential report.

 

 

Recommendation:

 

That Council accept the tender submitted by Northpipe Constructions for the construction of South Macksville Sewer Pump Station 16 and Rising Mains 16A and 16B.

 

 

OPTIONS:

 

1        Accept the recommendation.

2        Not accept the recommendation and select another quotation.

 

 

DISCUSSION:

 

Development Control Plan (DCP) 17 was documented in order to control the urban development of multiple blocks of land at South Macksville that were originally held in separate private ownership.

 

As part of the DCP Council determined that it would provide for the construction of two major sewerage pump stations required to service the area and recoup the costs through a Development Servicing Plan.  Documentation for the construction works on both pump stations was completed some time ago and one of the pumps stations has been constructed.

 

Funding for the construction of the second and largest pump station has been provided in previous budgets however the project has been postponed on a number of occasions waiting for a commitment from the developer to proceed with the construction of a subdivision.  Works are now well advanced on the first stage of the subdivision and land has also been sold for tor the development of a new primary school within the pump station catchment.  This has provided the trigger for Council to commence its plan for the procurement of the pump station.

 

Tenders have been called for the pump station construction and closed at 2pm on Thursday 16 January 2014.  Five (5) tenders were received and are listed below in alphabetical order.

 

·      AJ Pipelines and Constructions Pty Ltd

·      Eire Construction Pty Ltd.

·      Kerroc Constructions Pty Ltd.

·      Ledonne Constructions Pty Ltd.

·      Northpipe Constructions Pty Ltd.

 

The tender assessment was predominantly based on price as the Council’s requirements for the pump station were well documented and specified in the tender documents and it was considered that each tenderer would be providing a very similar product.  The assessment also considered experience in pump station construction and a weighting preference for local contractors.

 

A detailed assessment of the two (2) highest tenders was not completed as the significant difference in price meant that they did not warrant further consideration.

 

The three remaining tenderers were experienced contractors with a demonstrated record of completing similar works.  They have all previously completed works for Nambucca Shire and are considered to be capable of completing the work required on this project.

 

Details of the tender assessment have been provided for the information of Councillors in a Confidential Report.

 

 

CONSULTATION:

 

·      Assistant General Manager Engineering Services

·      Barry Kerr (the developer)

·      De Groot & Benson (Consulting Engineers acting for the developer of the subdivision)

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The construction of the proposed pump station will have a negligible impact on the environment.

 

Social

 

The construction of the pump station will facilitate the construction of additional housing stock for residents of Macksville.

 

Economic

 

The construction of the pump station will ensure that the required service infrastructure is in place for the planned urban development of the area can proceed.  The developer will now have full confidence in developing the land and this has potential to stimulate the local economy.

 

Risk

 

Council has previously committed to providing the sewage pump stations required for the development of the South Macksville urban area.  The work must now be undertaken to mitigate any risk of impeding developers from being able to develop and sell the land  that have been approved for development.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for this work has been allocated in the 2013/14 budget.

 

Source of fund and any variance to working funds

 

Funding will be sourced from reserves.

 

Service level changes and resourcing/staff implications

 

The construction of the pump station will ensure that the service level for provision of sewerage to urban areas is maintained.  There are no implications with regard to resourcing.

 

Attachments:

There are no attachments for this report.