NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

27 February 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 - 27 February 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.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Special Meeting of  Council - 20 February 2014............................................................................. 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports...................................................................................... 9

9.2     Local Government Acts Taskforce - Report on a New Local Government Act for New South Wales..................................................................................................................................... 18

9.3     "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013........................................................................................................ 23

9.4     Expression of Interest for Rent and Sale of Lots 11 and 12 DP 884337 Railway Road, Nambucca Heads..................................................................................................................................... 34

9.5     Dilapidated and unsafe part of building - 60 High Street Bowraville................................... 38

9.6     Flying Fox in Gordon Park.............................................................................................. 49

9.7     Relaxation of Flow Rules for the Filling the Bowraville Off River Water Storage.................. 53

9.8     Outstanding DA's greater than 12 months, applications where submissions received not determined from 23-14 February 2014............................................................................................... 57

10      Assistant General Manager Corporate Services Report

10.1   Budget Review December 2013....................................................................................... 64

10.2   Contributions Status Report ........................................................................................... 68

10.3   Scotts Head Events Committee of Management AGM - 16 September 2013 - Minutes........ 72

10.4   Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013..................................................................................................................................... 77

10.5   Valla Public Hall Committee of Management AGM - 28 August 2013 - Minutes................... 82

10.6   Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 10 February 2014 88

11      Assistant General Manager Engineering Services Report

11.1   Nambucca District Water Supply Steering Committee meeting - 5 February 2014.............. 101

11.2   Request to Reduce Fees - Nambucca Valley Care and Autumn Lodge Footpath Occupation 107

11.3   Nambucca Shire Traffic Committee Meeting Minutes - 4 February 2014............................ 110

11.4   Minutes of the Vehicular Access To Beaches Committee meeting - 14 February 2014....... 114    


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

12.1   Manager Community and Cultural Services - Loss of Community Builders Fixed Term (Salary) Subsidy - Proposed Change to Organisation Structure

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

 

12.2   Valuation Information on Proposed Lots 11 and 12, Railway Road, Nambucca Heads

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

            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

Special Meeting of  Council

MINUTES OF THE Special Meeting of  Council HELD ON 20 February 2014

 

The following document is the minutes of the Special Council meeting held on 20 February 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 27 February 2014 and therefore subject to change.  Please refer to the minutes of 27 February 2014 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

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)

Peter Wilson (Special Projects Officer)

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 February 2014

 

87/14 RESOLVED: (Smyth/Flack)

 

That the minutes of the Ordinary Council Meeting of 13 February 2014 be confirmed.

 

 

 

DELEGATIONS

 

88/14 RESOLVED:  (MacDonald/Morrison)

 

That the following delegations be heard:

 

i)       Ms Karen Croghan—objector

ii)      Mr Mick Green—objector

iii)     Mr Barry Duffus OAM - objector

iv)      Mr Bill Down – objector

 

Ms Karen Croghan addressed Council making the following points:

·    Takes issue with suggestion that revenue will remain in revenue stream permanently

·    Has made a submission concerning the special rate variation

·    In a restricted financial position with limited ability to increase income

·    Significant extra cost whether two years or three years

·    Under the proposal a small group of rate payers will be funding the increase.  Not equitable.  Costs should be shared equitably

·    Self funded retiree but Council decisions like this impact heavily

 

Mr Mick Green addressed Council making the following points:

·    Farmer at Utungun

·    Pay more than enough rates and get little value for their money

·    Annoyed those on minimum rates get same services for much less rates paid

·    If it was fair rates would reflect the return from the land

·    Rates are already too big

 

Mr Barry Duffus OAM addressed Council making the following points:

·    Attending on behalf of half a dozen ratepayers around Sullivans Road and Newee Creek

·    The question is are we getting value for money for their rates?

·    Who is checking the contractors who work for the Shire?

·    Grading roads is a problem.  The roads are graded too flat.  Check out Gordons Knob.

·    A proper roller should be used with the graders

·    Fewer Council workers.  Are the contractors doing the job?

·    The grading job on Colemans Road done a couple of weeks ago.  Road now worse than it was.

·    Ratepayers want value for money.  They don’t believe they are getting value for money.

·    Requested upgrading of intersection of Sullivans Road and Valla Road.  Dangerous intersection for traffic turning off Valla Road.

 

Mr Bill Down addressed Council making the following points:

·    Resident for 66 years

·    Ratepayer for 45 years

·    Received invite to address Council yesterday

·    Recalls 3 cents per litre petrol tax.  Then became 4 cents.  Tax hasn’t been removed.

·    When will Council come clean and advise of full impact of compounding increase

·    Can’t ask his financial provider for more income

·    Council should stop gouging additional income

·    Council should consider cutting services to meet their budget eg tourism, economic development etc

·    Recalls original mandate of councils – restricted to roads and bridges

·    Now there are many extras

·    Council should get their priorities sorted out

·    People on low or insecure incomes eg, farmers can’t meet these increases

·    Strongly urges Council not to adopt proposed increase

 

 

 

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      SF1950              200214      Special Rate Variation

89/14 RESOLVED: (Finlayson/Ainsworth)     

 

That Council make application to the Independent Pricing and Regulatory Tribunal (IPART) for a Section 508A Special Rate Variation for a three year percentage increase of 3.8% in 2014/15, 5.0% in 2015/16 and 5.5% in 2016/17 and that the increase be retained permanently in the Council’s general income base.

 

Note: Councillor MacDonald requested that her vote be recorded against the resolution for the reasons she gave at the December meeting.

 

90/14 Resolved: (Hoban/Ainsworth)

 

That not only does the elected Council receive a quarterly report on the expenditure of the additional funds from the rate increase (if approved by IPART), but a brief report be included with each quarterly rates notice to our ratepayers.

 

91/14 Resolved: (Ainsworth/Flack)

 

That Council write to the State Government and express its displeasure about the inequity of the rating system and that any Councillors wishing to make comment have them to the General Manager within 2 weeks for inclusion in the letter.

 

 

 

General Manager Report – LATE

 

ITEM 9.2      SF1620              200214      Adoption of Integrated Planning and Reporting Documents

92/14 RESOLVED: (Flack/Finlayson)

 

1        That Council adopt the Draft Delivery Program 2013-14 to 2017-18.

 

2        That Council adopt the Draft Long Term Financial Plan 2014-15 to 2023-24.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

93/14 RESOLVED: (Ainsworth/Flack)

 

The Council determined not to go into closed.

 

94/14 Resolved: (Ainsworth/Flack)

 

That the submissions in closed be noted.

 

95/14 Resolved: (Morrison/Ainsworth)

 

That a leaflet be produced by Council on the rating system and how rates are calculated, the minimum rate, the base rate, rating categories etc.  The report should be in the form of a leaflet which can be made available to ratepayers.  Further that a Council workshop be undertaken on the same subject.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.20 pm. 

 

Confirmed and signed by the Mayor on 27 February 2014.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                              27 February 2014

General Manager

ITEM 9.1      SF959              270214         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

 

5

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

 

Recent (January 2014) advice received from National Parks supporting provision of restricted 4 wheel drive access for National Parks and emergency vehicles.  National Parks also looking for rehabilitation of eroding slopes.  RMS advised that Council supports the submission from National Parks.

 

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.

 

Deferred until April – Staff dealing with landslips.

 

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.

 

Raised with RMS at the Traffic Committee 4 Feb 2014 and RMS advised that the matter will be investigated but is subject to resourcing within the RMS.

SEPTEMBER 2013

09

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.

10

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.

OCTOBER 2013

11

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.

 

Follow-up letter sent 7 February 2014

 

Arrangements being made for Fisheries to address Council in April 2014 in relation to both fish habitat and the impacts of commercial fishing.

NOVEMBER 2013

12

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.)

 

Raised at the Traffic Committee on 4/2/14.  RMS advised that the matter is being investigated.

13

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.

14

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.

15

SF642

28/11/13

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

AGMES

Report to March 2014 meeting.

DECEMBER 2013

16

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

 

Awaiting valuation of land and outcome of negations on consent conditions.  Deferred to February 2014.

 

Still waiting on written valuation report.  Deferred to March 2014.

 

17

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.

 

Follow up email sent 20 February 2014.

18

SF1830

11/12/13

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

 

GM

Report February/March 2014

19

SF1830

11/12/13

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

 

GM

Report February/March 2014

20

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.

Update as at 6 February 2014 - Ranger and Manager Information Technology refining template for website and newspaper advertising as well as operational arrangements eg, length of time animals are held, whether website is updated daily, animals unsuited to re-homing.  The view of Council’s Ranger is that animals which are deemed unsuited to re-homing should not be part of the re-homing scheme.  These constitute the large majority of animals euthanized at the pound and comprise animals with a vicious nature or with health risks.

 

21

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.

Update as at 6 February 2014 – as per comment on preceding item.

22

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

23

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.

24

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 2014.

Follow up letter sent 20 February 2014

25

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 March 2014 meeting.

 

 

26

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 March 2014 meeting.

 

27

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

 

Has not been actioned as yet - Council advised that the company has already been placed into liquidation. Brief being redrafted for the legal advice and report to April Council meeting.

JANUARY 2014

28

SF1933

16/01/14

Council write to RMS again as a matter of urgency requesting they make the left turn lane at Cooper Street and Partridge Street, left turn only.  And further the RMS be requested to investigate the sequencing of traffic lights in Macksville to improve traffic flow.

 

AGMES

Letter sent to RMS on 20/01/2014

 

Raised at Traffic Committee meeting on 4/2/14 and RMS has advised Council that line marking will be implemented to delineate traffic flow.

29

SF1933

16/01/14

DA 2013/170 (Boundary adjustment, shed, depot at Valla) be called in for determination by Council and there be a site inspection.

 

GM

Additional information in relation to the proposed crushing and processing of material is to be submitted by a planning consultant.  At this stage it is unknown when the application will be referred to Council for determination.

30

SF1855

16/01/14

Council resolve to progress to detail plans for River Street – Macksville Streetscape Improvement

 

GM

The consultant is to be engaged in February 2014 to prepare the plans.  The matter was presented to the Local Traffic Committee on 5 February 2014.

31

DA2012/069

16/01/14

Council seek a delegation with the Hon. Andrew Stoner regarding a reduced speed zone on the Pacific Highway at the Upper Warrell Creek Road intersection.

 

AGMES

Delegation has not been organised as yet.  RMS has provided verbal information that the speed zone will be reduced. Council waiting for formal confirmation.  If the letter is not forthcoming, the delegation will be organised.

 

32

SF1947

16/01/14

Investigate the possibility of reporting DA’s lodged in the previous month.

 

GM

Report in March 2014.

33

SF201

16/01/14

Council consider a monthly sampling program for 12 months from 2 sites – bottom of Sth Arm and North Arm at Broughy’s Bridge and near the old weir when considering the Environmental Levy program so as to establish base line data.

 

AGMES

Funding for the monthly sampling program should come from the water fund, not the environmental levy.

 

MWS has been instructed to commence monthly sampling program as suggested. Any variation of cost be reported through quarterly budget review.

 

34

SF1031

30/01/14

Review 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.

 

GM

Report March 2014

35

SF1933

30/01/14

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

 

GM

Advice sought from DLG.

 

Report March 2014

36

SF894

30/01/14

There be a further report to Council on the final report of the NSW Independent Local Government Review Panel

 

GM

Report 27 February 2014

37

SF1431

30/01/14

Quarry solutions be provided with 1 month to submit a revised Quarry Environmental Management Plan.  Consideration of fining for breaches be deferred until after revised QEMP is submitted.

 

GM

Report March 2014

38

SF1031

30/01/14

A further report on the draft Rates Hardship Policy be considered by Council on 13 March 2014 (following the close of the submission period).

 

AGMCS

Report 13 March 2014

FEBRUARY 2014

39

SF1933

13/02/14

Council erect flood height indicators at the causeway located 100m before 71 Sundowner Road.  Council receive a brief report on the merit or otherwise of naming the causeway.

 

AGMES

Report on the naming of causeway/floodway to April 2014. Instructions have been issued to install flood height.

45

SF1933

13/02/14

Council consider a budget allocation of $10,000 for the purpose of recognising and/or supporting existing businesses within the Nambucca Valley ….

 

GM

Report May 2014

40

SF1933

13/02/14

Council try to identify a suitable allotment of land in Nambucca Heads for the Nambucca Heads Men’s Shed.

 

GM

Report April 2014

41

SF734

13/02/14

Council defer the request from the Leckie’s to acquire a small section of Gordon Park and request representatives of Crown Lands come to Council to explain the proposal and its implications.

 

GM

Letter to Crown Lands’ representatives requesting their attendance at a Council meeting sent on 11/02/14.  Email acknowledgement received the same day.

42

SF1755

13/02/14

Council receive a brief report from the AGMCS indicating the progress in his section, strengths and weaknesses and future direction.

 

AGMCS

Report to March 2014.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.2      SF894              270214         Local Government Acts Taskforce - Report on a New Local Government Act for New South Wales

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Government has now released the final report of the Local Government Acts Taskforce which was appointed in 2012 to rewrite the Local Government Act 1993 and review the City of Sydney Act 1998. 

 

The final report from the Taskforce has responded to most of this Council’s identified concerns.  However the most significant exception concerns the rating system.  The Taskforce did not address the issue and recommended that there be a further review of rating and finance matters after the Independent Panel’s recommendations are determined by the State Government.

 

The review of the Local Government Act has been hampered by the concurrent reviews of NSW local government by the Independent Panel and to a lesser extent by the on-going review of the NSW Planning System.  It’s unfortunate that after so many years of relative inaction, an overabundance of strategic and regulatory reviews has constrained the work of the Taskforce.

 

It is difficult to conclude that the Taskforce has met its brief of, “rewriting” the Local Government Act.  Rather it has generally set out principles for change.  However it is agreed that the Panel has endeavoured to remove unnecessary prescription from the Act by recommending principles based legislation that is sufficiently flexible to support the diverse local government sector.

 

 

 

Recommendation:

 

That Council make a submission to the Division of Local Government supporting the recommendations of the Local Government Acts Taskforce in removing unnecessary prescription from the Local Government Act and proposing principles based legislation that is sufficiently flexible to support the local government sector.

 

 

OPTIONS:

 

Council can make a submission as it sees fit.

 

DISCUSSION:

 

The NSW Government has now released the final report of the Local Government Acts Taskforce which was appointed in 2012 to rewrite the Local Government Act 1993 and review the City of Sydney Act 1998. 

 

Under the terms of reference the Taskforce was required to consult widely and have regard to the outcomes of other reviews of the local government sector including the findings of the Independent Local Government Review Panel and the review of the planning system.  The Taskforce indicates that at the time of presenting their report, neither of the other reviews had been finalised.  This had the effect of limiting the scope of the Taskforce as it had been unable to consider those sections of the Act that would be impacted by the outcomes of those reviews.

 

The members of the Local Government Acts Taskforce are:

 

Mr John Turner (Chair)

Mr Stephen Blackadder

Mrs Gabrielle Kibble AO

Dr Ian Tiley

 

The Taskforce advises that it has endeavoured to remove unnecessary prescription from the Act by recommending principles based legislation that is sufficiently flexible to support the diverse local government sector.

 

The following is summary, with some commentary, of the Taskforce’s recommendations.  The full report of the Taskforce can be viewed on the Division of Local Government website, www.dlg.nsw.gov.au

 

Approach and Principles for the Development of the New Act

 

It is recommended that integrated planning and reporting form the central framework for the new Act providing local government with a robust strategic planning mechanism that is based on community engagement, expectations and aspirations, and financial responsibilities.

 

Also a flexible, principles based legislative framework, avoiding excessive prescription and unnecessary red tape, written in plain language and presented in a logical format.

 

Structure of the New Local Government Act

 

The Taskforce recommends that the new Act be structured with the following elements:

 

Part I           Structural Framework of Local Government in NSW

Part II           Strategic Framework for Local Government in NSW

Part III          Council Operations

Part IV         Tribunals and Commissions

 

Purposes of the Local Government Act

 

The Taskforce recommends that the purposes of the Local Government Act are to provide a legal framework; to (define) the nature and extent of the responsibilities and powers of local government; to provide a system of local government that is democratically elected, interactive with and accountable to the community, and is sustainable, flexible, effective and maximises value.

 

Role and Guiding Principles of Local Government

 

The Taskforce recommends the inclusion of a new role of local government and a set of guiding principles.

 

Constitution of Councils

 

The Taskforce recommends that the legal status of councils remains as a “body politic”.

 

Roles and Responsibilities of Council Officials

 

The Taskforce recommends following consideration of the final report of the Independent Panel, the roles and responsibilities of mayors, councillors and general managers be reviewed to ensure they align with the requirements of the strengthened IPR framework and any recommendations of the Independent Panel that may be adopted by the State Government.

 

Integrated Planning and Reporting

 

It is recommended that the IPR be elevated to form the central framework of the new Act and the primary strategic tool that enables councils to fulfil their civic leadership role and deliver infrastructure, services and regulation based on community priorities identified by working in  partnership with the community, other councils and the State Government.

 

Community Engagement

 

The Taskforce recommends that councils prepare the most locally appropriate and flexible community engagement strategy guidelines.

 

Performance of Local Government

 

The Taskforce recommends that a performance system be developed that is linked to IPR and includes the following elements:

 

·      A standard series of measures that can compare the performance of councils across the State

·      An analysis of the performance measures results so that councils can identify the actions required to elevate performance

·      A self-assessment of the performance of the governing body on an annual basis

·      In lieu of an end of term report, councils provide a mid-term report as to progress with the Community Strategic Plan

 

Technology

 

The Taskforce recommends that as a general principle the Act should enable optimal, flexible and innovate use of technology by councils to promote efficiency and enhance accessibility and engagement for the benefit of constituents.

 

Elections

 

There are some interesting recommendations in relation to elections being:

 

·      Councils to have the option of using universal postal voting or alternative means of voting such as technology assisted voting where feasible as a means of increasing efficiency and voter participation and reducing council costs

·      Remove the need for by-elections when a vacancy occurs either in the first year following an ordinary election or up to 18 months prior to an ordinary election as a means of avoiding costly by-elections.  With the former, the vacancy would be filled by the unelected candidate who had the next highest number of votes.

·      Where universal postal voting is used for any election, a candidate information booklet is to be included in ballot packs as a way of increasing voter knowledge of the candidates.

·      The term of mayors elected by councillors be extended from 1 year to 2 years.

 

Meetings

 

The Taskforce recommends that provisions be consolidated into a generic mandatory Code of Meeting Practice that may if necessary be supplemented to meet local requirements, provided the amendments are not inconsistent with the provisions of the Act and standard Code of Meeting Practice.

 

Appointment and Management of Senior Staff

 

There are some notable changes to existing arrangements whereby the Taskforce recommends:

 

·      On the advice of the general manager, the council determine the organisation structure to the level that directly reports to the general manager

·      The general manager being responsible for determining the balance of the organisation structure and for recruiting all staff with appropriate qualifications to fulfil each role within the structure

·      That the maximum term allowable for temporary staff appointments be extended from 1 year to 2 years.

 

Regional Strategic Organisations of Councils and Formation and Involvement in Corporations and Other Entities

 

The Taskforce has provided an implementation mechanism for the Independent Panel’s recommendation for Joint Organisations by recommending:

 

·      The act includes a mechanism enabling councils to form statutory entities to undertake regional strategic collaboration activities.  The Taskforce is of the view that, in place of Regional Organisations of Councils, a model similar to that developed by the Hunter Councils – Council of Mayors provides a suitable mechanism for achieving regional strategic collaboration.

·      The provisions of the Act relating to the formation of corporations and other entities should continue.

 

Financial Governance

 

The Taskforce recommends that there be a greater focus on principles and definition of financial systems and minimum standards in the new legislative framework and for assimilation of financial governance with the IPR requirements.  It also recommends that there be a further review of rating and finance matters after the Independent Panel’s recommendations are determined by the State Government.

 

Procurement

 

The Taskforce recommends a less legalistic approach than currently occurs.  It is suggested that rather than the legislation setting a monetary threshold, a more flexible principles based approach be established to enable councils to determine their threshold based on risk assessment of the proposed procurement and the procurement principles.

 

Acquisition of Land

 

The Taskforce recommends council plans for the compulsory acquisition of land be linked with the IPR processes, and in particular the expressed opinion of the community in the Community Strategic Plan on the need for additional public land or the sale of public land be included in the Delivery Program provisions.

 

Public Land

 

The recommended provisions for the classification and management of Council owned land (community and operational) are similar to those currently existing with the exception of ceasing the need for separate plans of management for community land to be prepared and maintained and in lieu, utilise the Asset Management Planning and Delivery Program of the IPR process.  It is also recommended that the process Council has just completed in relation to the Scotts Head Caravan Park (ie a 21 year lease where objections have been received) be simplified by ceasing the need for a separate report to be obtained from the Department of Planning and ceasing the need for ministerial approval.

 

Approvals, Orders and Enforcement

 

Beside some streamlining of existing provisions and less prescription, the Taskforce recommends that councils be required to adopt an Enforcement Policy stating what factors will be considered in determining whether or not to take action, including the level of risk.  The factors should be consistent across all councils.  About 3 years ago Nambucca Shire Council adopted such a policy.

 

Submission to the Local Government Acts Taskforce by Nambucca Shire Council

 

Council made a submission to the Taskforce in late 2012 in response to a request to respond to a number of questions.  The submission identified the top 5 principles which should underpin the content of a new Act being:

 

1.   Increased authority, financial and otherwise, for councils to provide for the needs of their communities

2.   Mandate referenda for major changes in revenue or expenditure

3.   Retain the IPR reporting requirements

4.   Retain the principles of the existing charter

5.   Retain support from DLG to provide best practice leadership in council operations

In terms of improvements which could be made, reference was made to streamlining the provisions concerning the management of Council owned land.  Reference was made to the 57 separate sections in the existing Act concerning the management of Council owned land.  Another area for improvement was identified as the rating system where the existing Act contains 143 separate sections with a further 33 clauses in the Regulations.

 

A subsequent submission from Council argued for the retention of the Ward system (for those Councils who wish to utilise it).

 

The final report from the Taskforce has responded to most of this Council’s identified concerns.  However the most significant exception concerns the rating system.  The Taskforce did not address the issue and recommended that there be a further review of rating and finance matters after the Independent Panel’s recommendations are determined by the State Government.

 

Summary

 

The review of the Local Government Act has been hampered by the concurrent reviews of NSW local government by the Independent Panel and to a lesser extent by the on-going review of the NSW Planning System.  It’s unfortunate that after so many years of relative inaction, an overabundance of strategic and regulatory reviews has constrained the work of the Taskforce.

 

It is difficult to conclude that the Taskforce has met its brief of, “rewriting” the Local Government Act.  Rather it has generally set out principles for change.  However it is agreed that the Panel has endeavoured to remove unnecessary prescription from the Act by recommending principles based legislation that is sufficiently flexible to support the diverse local government sector.

 

CONSULTATION:

 

There has been discussion amongst senior management.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no direct implications for the environment.

 

Social

There are no direct social implications.

 

Economic

There are no direct economic implications.

 

Risk

There are no identified risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no budgetary impact.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

The removal of unnecessary prescription from the Act will improve councils’ productivity.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                              27 February 2014

General Manager

ITEM 9.3      SF894              270214         "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 Review Panel has released its final report.  The due date for submissions has now been extended to 4 April 2014.

 

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.

 

This Council’s position on the proposed establishment of a North Coast Joint Organisation is a key strategic and leadership question arising from the Final Report.

 

There are some significant risks being:

 

·      the loss of too many functions may render the residual councils ineffective

·      the creation of another government “body” could add to rather than reduce existing overheads

·      conflict between the regional wide goals of the joint organisation and the local goals of the participating councils

 

On the other hand there are also some significant opportunities being:

 

·      the opportunity to achieve further economies of scale in a range of functions

·      the opportunity to achieve improved outcomes through having access to better trained and more specialist staff

·      if the Independent Panel’s synopsis for the future of local government in NSW is correct, the opportunity for Council to actively participate in shaping its own future rather than having it imposed by the State Government

·      the opportunity for councils to operate more effectively at a regional scale, including through lobbying and resource allocation.

 

With the well documented financial issues facing councils on the Mid North Coast, the option of ignoring or resisting structural change as part of a package of reforms designed to improve service delivery and financial sustainability is unlikely to be defensible in the longer term.  For this reason it is recommended that Council be open to the opportunities which a Joint Organisation will present.

 

The reports other recommendations are on the whole well considered.  They are bold, wide ranging and most importantly address the key financing issues which are plaguing the sector. 

 

 

Recommendation:

 

That Council advise the Division of Local Government that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to the member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation.

 

 

OPTIONS:

 

Council can make a submission as it sees fit or make no submission.

 

Council should have a position on the proposed North Coast Joint Organisation.  The recommendation is one position.  Alternatively Council may consider that the potential risks outweigh the long term strategic benefits and oppose the JO’s either in principle or until such time as further information is brought forward on their exact responsibilities and operational arrangements.

 

A further alternative is that Council support some form of MIDROC alliance as proposed by the MIDROC Executive.

 

Finally, on 12 February the Government announced that the period for comment had been extended from 7 March to 4 April 2014.  The Council can now defer consideration of its submission until its meeting on 27 March and still make the deadline.  This would provide a further opportunity to hear the views of LG NSW and other councils.

 

 

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 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 were to close on 7 March 2014.  However on 12 February and after preparing this report, the Government announced a new closing date of Friday 4 April 2014.

 

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.  That Councils’ have the authority and autonomy to manage their financial affairs is long overdue and the recommendation should be welcomed by all councils.

 

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.  This recommendation should allow allow most Councils the necessary autonomy to manage their financial affairs given the community’s capacity to pay effectively prevents rate increases much outside this proposed “band”.

 

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”.  In terms of the commitment of resources and time, the existing process for special rate variation approvals is daunting for smaller councils.  This is obvious from the relatively small number of councils who lodge applications.  Similar approval processes to “earn” exemption from rate pegging are also likely to dissuade smaller councils from lodging applications.

 

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.  Under the current law, 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 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.  The majority of 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.

 

This Council’s position on the proposed establishment of a North Coast Joint Organisation is a key strategic and leadership question.  There are some significant risks being:

 

·      the loss of too many functions may render the residual council ineffective

·      the creation of another government “body” could add to rather than reduce existing overheads

·      conflict between the regional wide goals of the joint organisation and the local goals of the participating councils

 

On the other hand there are also some significant opportunities being:

 

·      the opportunity to achieve further economies of scale in a range of functions

·      the opportunity to achieve improved outcomes through having access to better trained and more specialist staff

·      if the Independent Panel’s synopsis for the future of local government in NSW is correct, the opportunity for Council to actively participate in shaping its own future rather than having it imposed by the State Government

·      the opportunity for councils to operate more effectively at a regional scale, including through lobbying and resource allocation.

 

With the well documented financial issues facing councils on the Mid North Coast, the option of ignoring or resisting structural change as part of a package of reforms designed to improve service delivery and financial sustainability is unlikely to be defensible in the longer term.  For this reason it is recommended that Council be open to the opportunities which a Joint Organisation will present.

 

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.

 

There has also been discussion at the MIDROC General Managers meeting on 31 January 2014 and also at the MIDROC Board meeting on 21 February.  The latter meeting was held after the close of this business paper so it is suggested that the Mayor provide an update to the meeting.

 

At the MIDROC General Managers meeting it was generally agreed that the large majority of the Panel’s recommendations were sensible and in the industry’s interest.  Concerns were expressed regarding the formation of the proposed Joint Organisations, their role and responsibility and their relationship to MIDROC.

 

The report was also discussed by the MIDROC executive at their meeting on 6 February 2014 and the attached media release was issued.

 

The major difference between the recommendation in this report and the media release is that the MIDROC Executive wish to pursue a slightly different variation to the proposed Joint Organisation across the MIDROC councils rather than the Joint Organisation boundaries proposed by the Independent Panel.  The model discussed by the MIDROC Executive was presented to this Council by the General Manager of Kempsey Shire Council in September 2013.  However both the model proposed by the Independent Panel for Joint Organisations and the model put forward by the General Manager of Kempsey Shire Council for MIDROC propose similar structural changes whereby existing functional responsibilities which would benefit from a regional alliance would be undertaken by a new body.

 

In terms of which is the preferred model it should be noted that despite considerable work and consultation from the General Manager of Kempsey Shire Council and lengthy discussions in MIDROC, progress to reach agreement on change is slow.

 

In terms of the boundary of an alliance a further consideration is the regional “community of interest” for this Council.  Notwithstanding the MIDROC Executive’s desire to maintain the MIDROC boundary, this Council already has a significant waste alliance with Bellingen and Coffs Harbour City Council.  There are also a number of alliances and agreements between Bellingen, Coffs Harbour and Clarence Valley Councils.  Conversely councils in the southern end of MIDROC (Greater Taree, Great Lakes and Gloucester) are a significant distance from the Nambucca Valley and perhaps not as relevant in a regional sense as Coffs Harbour City Council and its adjoining councils.

 

 

SUSTAINABILITY ASSESSMENT

 

Not applicable at this stage

 

 

FINANCIAL IMPLICATIONS:

 

Not applicable at this stage

 

 

Attachments:

1

3885/2014 - MIDROC Media Release - Text

 

  


Ordinary Council Meeting - 27 February 2014

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

 



Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.4      SF1479            270214         Expression of Interest for Rent and Sale of Lots 11 and 12 DP 884337 Railway Road, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Wayne Lowe, Manager Business Development         

 

Summary:

 

Council’s Manager Business Development has received an expression of interest for the rent then purchase of two lots of Council owned industrial zoned land in Railway Road, Nambucca Heads.

 

The expression of interest which Council has received is from two companies associated with the work being undertaken on the Pacific Highway upgrade.

 

 

Recommendation:

 

1.       Council provide the Mayor, General Manager and Manager Business Development with           delegated authority to enter into a rental agreement for proposed lots 11 and 12 where they           are unanimous as to an appropriate price and terms.

 

2.       There be a further report to Council on the proposed sale of proposed lots 11 and 12.

 

 

OPTIONS:

 

Council has the option of leasing and/or selling its land .

 

DISCUSSION:

 

Council’s Manager Business Development has received an expression of interest for the rent then purchase of two lots of Council owned industrial zoned land in Railway Road, Nambucca Heads.  The subject land, proposed lots 11 and 12 are at the western (railway station) end and are shown on the attached plan.

 

Proposed Lot 11 has an area of 4,147m2 and proposed lot 12 has an area of 4,377m2.

 

Subdivision approval was issued on 25 May 2011 and Council staff have prepared construction plans but there has been no civil works undertaken.  The civil works which are required to enable the registration of the subdivision are principally kerb, gutter and road shoulder construction; footpath construction; gutter crossings; interallotment drainage; a stormwater detention system; retaining walls as well as connections for water and sewerage.  As Council did not have the funds in its property development reserve to undertake these works, it was agreed that the land be placed on the market with the expectation that the sale of one or more lots would provide sufficient funding for the civil works to be undertaken on the other lots.

 

The expression of interest which Council has received is from two companies associated with the work being undertaken on the Pacific Highway upgrade.  One of the companies is Precision Placement Group Pty Ltd, a company with 35 employees.  The proposed depot at Nambucca Heads would provide permanent employment for 6 staff.  They have been sub-contractors for major highway and other civil works across NSW and their major capability is in the design, supply and assembly of the scaffolding required on the many highway bridges.  They have a website www.precisionplacement.com.au.  The other company is Mitchbrook Pty Ltd who are earthmoving sub-contractors.

 

So as to negotiate with the companies for the rent and sale of the land, Council’s Manager Business Development is seeking an update of a valuation undertaken in September 2009 with reference to each of the two lots.  There is information in a closed report in relation to the previous valuation and an expectation for a revised valuation.

 

The process for considering the possible lease and sale of the land has been discussed with Council staff and also Mr Terry Perkins, solicitor.

 

The following steps have been identified:

 

1.   Obtain updated valuation for lease and sale

2.   Obtain agreement from companies on price for rent and purchase

3.   Enter into a rental agreement

4.   Lodge and obtain approval for a staged subdivision to create the proposed Lots 11 and 12

5.   Enter into contracts for the sale of the land conditional upon the registration of the subdivision by a date to be determined.

 

The Manager Business Development has made contact with NSW Trade and Investment in relation to the provision of financial support for undertaking the subdivision works.  There is a reasonable likelihood that they will make grant funding available.  Further if it is agreed that Council can apply the purchaser’s deposit to the subdivision civil works, between these funds and the balance in the Property Development Reserve Council will have enough funds to undertake the civil works for the subdivision, at least for the proposed two lots.

 

 

CONSULTATION:

 

There has been consultation with Council’s planning section; Council’s engineering design section and Mr Terry Perkins.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The proposed subdivision and development of the two lots will provide permanent employment for at least 6 people.  Additional employment is a positive social outcome.

 

Economic

 

There will be additional temporary and permanent employment.  Hopefully the firms will remain in the Nambucca Valley for the long term.

 

Risk

 

There are some potential governance issues in relation to Council developing its own land and also in relation to demonstrating best value when dealing with the land outside a contestable process like an auction.

 

As the conditional subdivision approval has already been issued for the land, the proposed modification to allow its staging will not require staff to exercise any significant discretion.

 

The purchasers have expressed an interest in undertaking the subdivision work, however the provisions of the Local Government Act 1993 require that if the value of the work is more than $150,000 the work must  be the subject of a tender.  Even if the value is less than $150,000, Council’s procurement policy requires that at least three written quotes be obtained for work with a value of more than $20,000.

 

In relation to demonstrating best value, a registered valuer is providing a report and recommendation on both the appropriate rental and purchase price.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage it is too early to determine the impact on current and future budgets.  No agreement has been reached on price and no quotes have been obtained for the cost of the civil works.

 

Source of fund and any variance to working funds

 

At this stage there is no anticipated impact on working funds.  It is likely that some funding from the Property Development Reserve will be required to undertake the required civil works for the subdivision.

 

Service level changes and resourcing/staff implications

 

There will be a considerable amount of work required from Council staff to apply for and obtain the modification to allow the staging of the subdivision; to organise and monitor the civil works, and to arrange the registration of the subdivision.

 

Attachments:

1

4551/2014 - Nambucca Industrial Land JPEG

 

  


Ordinary Council Meeting - 27 February 2014

Expression of Interest for Rent and Sale of Lots 11 and 12 DP 884337 Railway Road, Nambucca Heads

 

 

 



Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.5      LF291              270214         Dilapidated and unsafe part of building - 60 High Street Bowraville

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor         

 

 

Summary:

 

The rear of the premises at 60 High Street Bowraville has been in an on-going state of disrepair for some time. It poses a risk to life and property. Despite attempts made by Council to resolve the matter, the situation remains unresolved. This report summarises the history of the matter and provides a recommendation that will provide a resolution.

 

 

Recommendation:

 

That Council consider the content of this report and take effect to the Order by tendering for the works identified in the report by Ron Hawkins dated 12.7.12

 

 

OPTIONS:

 

Council may choose to take any of the following actions;

 

1.         Engage legal Counsel and pursue prosecution for non-compliance with the Order.

 

2.       Tender for those works specified in the Order to be carried out and then seek to recover costs.

 

3.         Do nothing.

 

DISCUSSION:

 

For some time Council has been in receipt of complaints from members of the Bowraville community regarding the state of the rear part of a building located at Lot 3 DP 900933, 60 High Street, Bowraville. The rear part of this building has been in a state of on-going disrepair with, despite attempts made by Council to resolve the matter, minimal physical attempts being made by the owner(s) to remedy the situation. This part of the building is dilapidated to the point of being dangerous and a potential threat to surrounding property and persons.

 

Historic attempts to resolve this matter have yielded an engineering report detailing demolition and upgrade works to bring the building back to a safe state. It is this report (prepared by Ron Hawkins and Associates dated 12.7.12) that defines the terms of the Order, the subject of this report.

 

A copy of relevant correspondence, Notice, Order and Ron Hawkins report is attached for the information of Councillors (Attachment 1).

 

Copies of recent photographs are also attached for the information of Councillors (Attachment 2). The photographs were taken from a distance as it is not considered safe to access nor approach the rear part of the building. 

 

 

CONSULTATION:

 

Council has been through a relatively lengthy communication process including a Notice and Order with the property owners pursuant to the provisions of Section 121 of the Environmental Planning and Assessment Act 1979.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The situation poses a potential threat to life and property.

 

Social

 

The situation has no immediate social impact.

 

Economic

 

The intervention of Council in resolving this matter by taking effect to the Order is likely to cost upwards of $20 000. If asbestos is identified as part of the process costs could escalate significantly. Council does however have the ability to recover costs associated with taking effect to the Order.

 

Significant costs would be associated with pursuing prosecution with the outcome being unknown.

 

Risk

 

An ongoing and potentially increasing risk to life and property exists so long as this issue remains outstanding. Doing nothing about the situation is therefore not considered prudent.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Pursuing prosecution will impact significantly on Council’s legal budget. 

 

Source of fund and any variance to working funds

 

Circumstances such as Council taking effect to the Order would require the use of working funds. There is opportunity, however, for Council to recover those costs expended in the proposed exercise.

 

Service level changes and resourcing/staff implications

 

Council can recover up to $1000 in staff time associated with its investigations into and enforcement of the Notice and Order process that has taken place.

 

Attachments:

1

N:\admin-canon-south-scans\20140221093427.pdf - Communication history

 

2

N:\admin-canon-color-south-scans\20140221103255.pdf - photographs

 

  


Ordinary Council Meeting - 27 February 2014

Dilapidated and unsafe part of building - 60 High Street Bowraville

 







Ordinary Council Meeting - 27 February 2014

Dilapidated and unsafe part of building - 60 High Street Bowraville

 




Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.6      PRF28              270214         Flying Fox in Gordon Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Gordon Park Rainforest Committee of Management has expressed its concerns about the effects of the flying fox colony on the park, the rainforest and nearby residences.  The Committee is urging Councillors to have an on-site inspection and then to consider what the Committee believes to be a deteriorating situation.

 

 

Recommendation:

 

That Council schedule an inspection of Gordon Park to observe the flying fox colony and to hear from representatives of the Gordon Park Rainforest Committee of Management.

 

 

OPTIONS:

 

The Council can decide not to undertake an inspection or to take some other action.

 

DISCUSSION:

 

Council has received the attached letter from the Gordon Park Rainforest Committee of Management.  The letter expresses the Committee’s concerns about the effects of the flying fox colony on the park, the rainforest and nearby residences.

 

The Committee is urging Councillors to have an on-site inspection and then to consider what the Committee believe to be a deteriorating situation.

 

Council is aware the colony comprises grey headed flying fox which is listed by the New South Wales Government as a vulnerable species. As a vulnerable species, prior approval is required from the State Government to disturb or relocate a grey headed flying fox camp or modify its habitat.

 

In relation to noise, smell and mess the following quote is an extract from the website of the New South Wales Government’s Office of Environment and Heritage (www.environment.nsw.gov.au)

 

Noise, smell and mess

 

Flying foxes are noisy animals, but this noise is an important part of their society. When flying foxes are present in large numbers, this noise can understandably be a nuisance for residence.

 

Often there are calls to relocate flying fox colonies, that this may make flying foxes even noisier and

more agitated.

 

Flying foxes can also be smelly, particularly in large numbers. Although this smell may be unpleasant to us, it is an important way that flying foxes communicate with each other, including between mother and baby.

 

What can you do?

 

·      Don’t disturb the flying foxes. When flying foxes get stressed, they tend to squabble and make even more noise.

·      Flying foxes prefer tall vegetation, so they may be deterred by trimming vegetation and removing branches from around houses or public buildings. If flying foxes have already set up camp in trees, contact the Office of Environment and Heritage Environment line on 131555 before trimming any of these trees.

 

·      Planting a buffer of low vegetation, such as shrubs on your property can provide a screen between your house and flying foxes.

·      Plant food trees preferred by flying foxes away from houses and orchards.

 

Nambucca Shire Council has previously met and discussed with the New South Wales Government’s Office of Environment and Heritage, options for moving flying fox camps away from urban areas. Council has been advised that the OEH does not generally support disturbing flying fox camps as they provide flying foxes with access to available food resources; relocation attempts are often unsuccessful; and disturbance creates stress for and can injury the animals, especially the young.

 

Given the legislation, it seems unlikely that Council will be able to resolve the Committee’s concerns.  However the Committee has undertaken countless hours of voluntary work tending to the rainforest and Council may wish to undertake an inspection to see and listen to their concerns first hand.

 

CONSULTATION:

 

There has previously been consultation with the Office of Environment and Heritage in relation to the flying fox colony in the Gordon Park rainforest.  Council has previously participated in a workshop conducted by the OEH on the ecological role of the flying fox and its migratory movements.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is considerable documentation on the ecological role of the flying fox.

 

Social

 

The social impacts of the Gordon Park flying fox colony are clearly illustrated in the attached letter.

 

Economic

 

The adverse economic impacts of the Gordon Park flying fox colony are also referred to in the attached letter.

 

Risk

 

There are no significant risks in inspecting the rainforest.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Some staff time will be required to organise the recommended inspection.

 

Attachments:

1

4674/2014 - Letter concerning Flying Fox in Gordon Park

 

  


Ordinary Council Meeting - 27 February 2014

Flying Fox in Gordon Park

 

                                                     Gordon Park Rainforest Committee of Management

                                                     10 Wentworth-Smith Street

                                                     Valla Beach NSW 2448

                                                      17 February 2014

 

 

Mr Michael Coulter

General Manager

Nambucca Shire Council

PO Box 177

Macksville NSW 2447

 

Dear Mr Coulter

 

At last week’s meeting of our Management Committee, as usual the subject of the flying foxes in Gordon Park was on the agenda. I write suggesting that Councillors be made aware of the following facts and the ever deteriorating situation:

 

1. It is coming up to 5 years since the first few flying foxes were noticed in the forest but the temporary camp is now looking more and more like it has become a permanent colony with numbers now in their thousands. (One research group estimated about 5000 about a year ago but the impression now is that the total has increase by 50% during the last 4 months).

 

2. The damage to the forest is now considerable and some of this is permanent with the understorey vegetation dying out presumably due to the very acidic conditions being created by droppings of the flying foxes. These droppings on the vegetation and on the boardwalk mean that the area has gone from one of being “magical” as described by one (former) visitor to one where she is now unhappy even walking along the footpath in Wellington Drive. Other complaints that we have been receiving indicate that Nambucca Heads and the Shire has now lost one of its attractions for tourists and townspeople alike. Visitors are bypassing the forest and its trails because of the unsanitary conditions and the fear of the potential hazards to health of being in close proximity to flying foxes in large numbers.

 

3. One employment agency has commented that Gordon Park Management Committee has no likelihood of gaining any volunteer workers while-ever the flying foxes are present. This reaction is somewhat understandable since our long term volunteers are also not too happy about working under the colony and have reduced their working hours in that location to the further detriment of the appearance of the forest and the walks in what was the most popular area.

 

4. From those who live in the neighbourhood we are hearing the complaints about droppings on their properties, noise all night now as not all the colony elect to head south to forage but some are now foraging locally. From 4 am when the whole colony is back in the forest the noise is considerable. The enjoyment of the shadiness of Wellington Drive is now surpassed by the all pervasive smell of the colony, especially in wet or humid weather. That is a temporary unpleasantness for visitors but a 24/7 endurance for those who live in the neighbourhood and play in the park, especially so for those who have breathing difficulties.

 

5. Gordon Park has unquestionably the best tennis courts in the shire but the wet and dry droppings on the courts are visually gross, the encounters with wet droppings repulsive and potentially unhealthy for the players so that we have a situation of a second town facility and tourist attraction being notably downgraded by the flying foxes.

 

6. While on the subject of the tennis courts we are aware that the Tennis Club's efforts to increase the number of players and play in general are being hampered by the presence and flight patterns of the flying foxes. The relevance of this comment is that the maintenance of the courts and the timely replacement of carpets etc is dependent on the success of running tennis on the Gordon Park courts essentially as a business. While the end result needs to be a non-profit situation, there still needs to be enough players and payments from players to ensure there are sufficient funds for the essential work needed to keep the facility at a high standard.

 

7. We are forever receiving suggestions of what we ought to be doing about the flying foxes – all illegal suggestions as the Committee is well aware of the state and federal restrictions that are in place. Our own discussions with the Regional Biodiversity and Conservation Officer of the North Coast Office of Environment and Heritage (a meeting that came about in response to a letter from the tennis club to the Deputy Premier about the flying fox problem) yielded no practical recommendations.

 

Nambucca Heads cannot afford to be suffering the degradation of two prime assets of the town and two tourist attractions that contribute to the economy of the valley and the shire. Therefore, my committee is urging Councillors to perhaps have an on site inspection and then to consider the ramifications of what is an ever deteriorating situation.

 

 

Yours sincerely

 

 

 

Gwen Harden

President

 

 


Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.7      SF844              270214         Relaxation of Flow Rules for the Filling the Bowraville Off River Water Storage

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is brief.  A summary is not required.

 

 

Recommendation:

 

That Council prepare a Dam Filling Options report as described in the letter from the Commissioner of the NSW Office of Water and undertake consultation with Fisheries, the Environment Protection Authority and downstream landholders.

 

 

OPTIONS:

 

Given the potential savings in electricity and greenhouse gas emissions there are no real options.

 

DISCUSSION:

 

On 10 October 2013 the Mayor wrote to Mr David Harriss, Commissioner of the NSW Office of Water requesting approval for a temporary relaxation of the flow rules during the initial filling of the off river storage.

 

It is estimated that a temporary relaxation of the flow rules for say twelve months could, depending upon the season, save Council $100,000 in pumping costs.

 

Mr Harriss has now replied and his letter is attached.

 

Mr Harriss’ letter advises that he is prepared to consider a temporary relaxation of the relevant licence conditions for a 12 month period, without the need for preparation of a related environmental impact assessment, subject to Council:

 

1.   Preparing a “Dam Filling Options” report detailing the proposed operational rules to apply during the term, such as limits for low flows to be passed, imposition of first flush rule, stakeholder consultative protocols etc;

 

2.   Seeking feedback on the “Dam Filling Options” report through written responses from Fisheries NSW within the Department of Primary Industries, and the Environment Protection Authority on the proposed 12 month flow rule relaxation;

 

3.   Instigating a formal consultative process with the downstream landholders regarding management of water releases over the 12 month period; and

 

4.   Providing the NSW Office of Water with the information detailed in points 1 and 2 above, and confirmation of the acceptance of landholders to the process detailed in point 3.

 

Council should accept the conditions proposed by Mr Harriss and arrange for a Dam Filling Options report to be prepared and to seek feedback from Fisheries, the EPA and downstream landholders in relation to that report.

 

 

CONSULTATION:

 

There has been consultation with the NSW Office of Water.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The conditional approval from the Commissioner NSW Office of Water is in the best interests of the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The identifiable risks such as the first flush rule, will be considered in the Dam Filling Options report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage it is envisaged that the report can be prepared by Council staff with no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be a reasonable commitment of staff time to the preparation of the report and consultation with Government authorities and downstream landholders.

 

Attachments:

1

1713/2014 - Office of Water response

 

  


Ordinary Council Meeting - 27 February 2014

Relaxation of Flow Rules for the Filling the Bowraville Off River Water Storage

 



Ordinary Council Meeting                                                                                              27 February 2014

General Manager's Report

ITEM 9.8      SF1947            270214         Outstanding DA's greater than 12 months, applications where submissions received not determined from 23-14 February 2014

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

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.

 

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

 

In principal support provided by Council.  LEP Amendment referred to DOP for consideration.  Conditions forwarded to applicant for consideration by the Crown.

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

 

Applicant provided with letter requesting additional information.  Correctly being investigated.

2001/096/01

27/09/2013

Quarry – increase annual extraction limit

Lot 100 DP 1118337, 491 Valla Road, Valla

15 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

 

2 affected properties in process of being purchased and noise agreements being catered into with others.  EPA approves. Awaiting final confirmation.

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

 

·     SOEE

·     Small vegetable garden near by

·     No adjoining properties have similar development – how compatible

·     Servicing of site for plant and vehicles – what petroleum being used and storage

·     Drainage bunded to prevent fuels into water table

·     What sort of clean fill

·     Recycled materials being used – what

·     ? weekday will allow for non impact crushing and plant operation

·     Construction of sediment ponds

·     Rubbish – increase in traffic

 

2 further submissions

 

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

 

Planning Consultant addressing issues

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

 

Possible determination prior to council meeting

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

 

Recent RMS report to be addressed by Boral

2014/001

02/01/2014

Tourist Accommodation

Lot 3 DP 1035204, Seascape Place, Scotts Head

·      I submission received and requested that content remain confidential

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1870            270214         Budget Review December 2013

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2013/14 to a surplus of $11,300 and varies Current Liquid Equity to $2,412,321, an improvement of $40,100 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,060,000 above the minimum level as per Council’s policy.

 

Water Supplies:             This review revises the net operating result for 2013/14 to a deficit of $50,000 and varies Current Liquid Equity to $1,903,491, a decline of $55,100 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $920,000 above the minimum level as per Council’s policy.

 

Sewerage Services:       This review revises the net operating result for 2013/14 to a surplus of $252,000 and varies Current Liquid Equity to $780,310, an improvement of $253,400 to the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) has improved and is now $123,000 above the minimum level as per Council’s policy.

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report. On page 5 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2013/14 year as at the 31 December 2013. Also on page 5 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 6-9 of the budget review document.

 

 

 

Recommendation:

 

1        That the budget review for the quarter ended 31 December, 2013 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2013/2014.

 

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

GENERAL ACTIVITIES.

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated current liquid equity surplus is $2,412,321 inclusive of internal loans.

 

The original 2013/14 budget forecast a net operating deficit of $28,800. Items revoted from 2012/13 amounted to $293,770. The balance of internal loans borrowed from current liquid equity was $1,007,600.

 

The September review revised the result for 2013/14 to a net operating deficit of $189,800 a decline of $161,000.

 

This review sees a turnaround of $201,100.

 

This turnaround primarily relates to better than expected returns on Council’s cash investments due to the strength and diversification of Council’s portfolio and higher than estimated interest rates for the first six months. The unrestricted gain to working funds is expected to be $237,000. In addition, Council’s Workers Compensation Premium is estimated to be $81,000 less than budget with $51,000 relating to General Fund.

 

Offsetting the above somewhat was the need to include a variance of $71,000 for Legal Expenses associated with the Valla Quarry and Nambucca Skate Park. Also a $20,000 variation is required for recruitment advertising for senior/specialist staff positions.

 

Other items of note are; surplus funds received for the final Short Street land sale have been transferred to the Land Development Reserve; and, additional works required for the Saleyards were primarily funded by an internal reserve set aside for Saleyards Equipment.

 

WATER SUPPLIES.

 

Water Supplies estimated current liquid equity surplus is $1,903,491.

 

The original 2013/14 budget forecast a net operating surplus of $5,100. Items revoted from 2012/13 amounted to $50,000.

 

The September review revised the result for 2013/14 to a net operating surplus of $800 a decline of $4,300.

 

This review sees a further decline of $50,800.

 

The major reason for the decline was due to a higher interest rate than budgeted on the $10m loan for the Off River Water Storage project. Associated loan repayments have required a variance of $96,000 for this financial year. Offsetting this variance to some extent were Pump Station energy costs which have been revised down by $53,000.

 

It should also be noted that a sharp increase in consumption is expected to generate around $280,000 in additional revenue. This amount has been restricted to reserves to subsidise charges in future budgets.

 

SEWERAGE SERVICES.

 

The original 2013/14 budget forecast a net operating deficit of $1,400. No items were revoted from 2012/13.

 

The September review revised the result for 2013/14 to a net operating surplus of $33,600, an improvement of $35,000.

 

This review sees a substantial improvement of $218,400.

 

The works associated with the Bowraville Treatment Works – Constructed Wetland will not proceed this year and therefore the budget item has been deleted. This has resulted in a saving to this year’s budget of $304,000 and is the prime reason for the improvement in working funds. Also the Workers Compensation Premium relating to Sewerage is estimated to be $29,000 less than budget.

 

Less than estimated available cash along with minimal Sect 64 contributions to the 31st December has required a reduction in unrestricted investment revenue of $85,000. Also, issues with 12/13 billing arrangements have required a $35,000 addition to Nambucca Heads Treatment Works energy costs.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

Attachments:

1

 - Circularised Budget Review Document

 

  


Ordinary Council Meeting - 27 February 2014

Budget Review December 2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Budget Review December 2013

 

 

 

Circularised Budget Review Document

 

0 Pages

 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.2    SF544              270214         Contributions Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

With the prospect of a new developer contributions systems coming into effect under the NSW planning reforms, it is an opportune time to review and consolidate our existing plans to make the transition to the new system more straightforward.

 

This report recommends the repeal of three road plans which are no longer required as projects have finished, notifies Council of the need and process required to update the works schedule for the Valla Beach Road Railway Overbridge, and recommends the adoption of the final works schedule for the Community Facilities and Public Open Space Plan (CFPOS).

 

 

Recommendations:

 

1        That Council repeal the Hyland Park Road, Scotts Head Grassy Head Road Intersection and Bald Hill Road Contributions Plans.

 

2        That Council note the need and proposed process to update the Valla Beach Road Railway Overbridge Plan.

 

3        That Council adopt the final works schedule for the Community Facilities and Public Open Space Plan which will come into effect from the date of Council’s decision.

 

 

OPTIONS:

 

That Council choose to not accept some or all of the above recommendations.

 

DISCUSSION

 

With the prospect of a new developer contributions systems coming into effect under the NSW planning reforms, it is an opportune time to review and consolidate our existing plans to make the transition to the new system more straightforward.

 

Repeal Plans

The following plans should be repealed as the projects have been completed and the cost of the projects have been recouped:

 

·      Hyland Park Road

·      Scotts Head Grassy Head Road Intersection

·      Bald Hill Road Works

 

Hyland Park Road – the plan enables the collection of contributions for the construction of a 3.2km road. This road has been constructed and no further contributions should be collected.

 

Scotts Head Grassy Head Road Intersection – The plan provides for the upgrading of the intersection of these two roads. This project has been completed and no further contributions should be collected.

 

Bald Hill Road – This plan is many years out of date and the developments which were planned for this area have been completed; future possible developments fall outside the plan’s catchment, and with the new local infrastructure contributions plans coming into effect, any future development would be captured in this Shire-wide road plan.

 

Public notification of the Council’s decision will be made on 6 March if Council repeals the plans.


Update Work Schedule for Valla Beach Road Railway Overbridge

The plan provides for the upgrading of the overbridge and this project has been completed; no further contributions should be collected, however there are funds remaining in the Valla Beach Overbridge account (approximately $37,000). The original plan states that “Contributions for the bridge will be recovered both prospectively and retrospectively and be placed in Council’s General Fund for use on future capital projects”.

 

The works schedule of the plan must be amended to determine additional works to serve development of Valla Beach and the public must be consulted and have an opportunity to make submissions on the draft work schedule. Through a two-stage consultation process, it is proposed to identify a list of three potential projects and present these to the community for feedback, with the opportunity to identify other suitable projects as well. A final project would be chosen and would be the new works schedule for the Valla Beach Contributions Plan

 

To date, Council staff have identified the following potential projects:

·      walkway connecting Valla Beach Road to Valla Beach viewing area and carpark 

·      car park at Cockburn St Valla Beach

·      toilet block at Valla Beach

·      hand rail across the Valla Beach pedestrian bridge

·      underground drainage for Anderson Park (eligible for a possible sport and rec grant) and picnic table cover

·      picnic tables and seating

·      solar waste bins

 

Due to apportionment requirements under the Developer Contributions framework, the full cost of these projects cannot be met entirely from s.94 funding and Council would need to provide matching funding, which has been identified by the AGMES.

 

Adopt final Community Facilities and Public Open Space Contributions Plan Works Schedule

A modified works schedule for the Community Facilities and Public Open Space Contributions Plan was publicly exhibited for the period of 23 January to 20 February 2014. One submission was received, from Council’s Strategic Planner. The Strategic Planner has suggested that the Works Schedule might include works additional to those provided for under the Better Boating Program grant in order to more fully address all the works required at Stuart Island as identified under the Nambucca River Master Plan. These works would be:

 

-       Resurfacing of primary roads and carparking areas (compacted gravel or like);

-       Pedestrian paths connecting the carparks to facilities including the amenities, pontoon, existing jetty and fish cleaning facilities;

-       Seating, shelters and embellishments to the river’s edge marked 11 and 12 on the plan;

-       Interpretative/ location signage

 

The proposed improvements will complement other work being undertaken on the island. Future opportunities to direct this type of funding at Stuart Island may be limited and it seems logical for works to be completed at the same time. The additional resource allocation would be $49,000, bringing the total project cost to $148,588, of which $98,794 would be taken from the CFPOS contributions.

 

Under the Council’s resolution of 16 January 2014, the works schedule will come into effect upon Council’s adoption of the final works schedule attached to this report. An advertisement will run on 6 March notifying the public of the plan’s commencement.

 

CONSULTATION:

 

General Manager

Assistant General Manager – Engineering Services

Accountant

Strategic Planner

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The additional resources allocated to Stuart Island through the new works schedule for the Community Facilities and Public Open Space Plan will improve environmental values of the island, and help protect fragile areas from future degradation.

 

Social

 

There additional resources allocated to Stuart Island will also have positive social benefits as they will create a community facility for boating and passive recreation required due to population increases and pressures. There will be a positive impact associated with the expenditure of contributions collected for the Valla Beach Road Railway Overbridge as the money will be expended on a project that benefits the local community.

 

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

 

There will be a direct impact on the budget allocation for the Valla Beach Railway Overpass; the expenditure of the contributions toward a new project will reduce the overall s.94 allocation. With the repeal of the plans, there will be a slight reduction in contributions collected, however given that the projects associated with these plans have been completed, Council should no longer be collecting contributions for those works.

 

Source of fund and any variance to working funds

 

Section 94 funds.

 

Service level changes and resourcing/staff implications

 

No change or implications.

 

Attachments:

1

4516/2014 - Final CFPOS works schedule

 

  


Ordinary Council Meeting - 27 February 2014

Contributions Status Report

 

5.8  Community Infrastructure Work Schedule

 

 

ITEM

DESCRIPTION/TYPE

TOTAL EST

% APP

THRESHOLD DATE

1

Macksville Skate Park

Macksville

Upgrade of existing facility

$192,687

 

 

50

 

Post 2015

2

Stuart Island Improvements – boating facility, amenities building, traffic/pedestrian infrastructure, signage and seating

$98,794

50

2014

 

Total

$291,481

 

 

 

 

 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1897            270214         Scotts Head Events Committee of Management AGM - 16 September 2013 - Minutes

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Scotts Head Events Committee of Management held on 16 September 2013.  Copies of the Minutes are attached

 

 

 

Recommendation:

 

1        That Council endorse minutes of the Committee of Management for the Scotts Head Events Annual General Meeting held on 16 September 2013.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The AGM of the Scotts Head Events Committee of Management was held on 16 September 2013.

 

The Committee of Management for 2013/2014 is:

 

President                        Tina Midson

Vice President                 Nathan Evelyn

Secretary                        Joanne Evelyn

Safety Officer                 Gary Matley

Treasurer                         Pip Midson

Committee Members       Kristin Hardiman, Rai Molki, Darren Jeffories, Annette Edwards, Jim Forbes and Cindy Ravonokula

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

3277/2014 - Scotts Head Events Committee Minutes of AGM - 16 September 2014

 

  


Ordinary Council Meeting - 27 February 2014

Scotts Head Events Committee of Management AGM - 16 September 2013 - Minutes

 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.4    SF336              270214         Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Taylors Arm Hall Committee of Management which was held on 11 December 2013 and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 11 December 2013 and thank the Committee for their continued good work in the past twelve months.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Taylors Arm Hall Committee of Management was held on 11 December 2013.

 

The Committee of Management for 2012/2013 comprises:

 

          President                        Raelene Daley

          Vice President                 Toby Wright

          Secretary                        Julie Gooch

          Treasurer                         Julie Gooch

          Committee Members       M Spear, A Ward,

          Social Members              Keith Henry, Tim Earnshaw

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

3750/2014 - Financial statement for year ending 30 June 2013

 

2

53/2014 - Minutes of Annual General Meeting held 28 December 2013 - Taylors Arm Hall COM

 

  


Ordinary Council Meeting - 27 February 2014

Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

 


Ordinary Council Meeting - 27 February 2014

Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

 



Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.5    SF343              270214         Valla Public Hall Committee of Management AGM - 28 August 2013 - Minutes

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Valla Public Hall Committee of Management, which was held on 28 August 2013, and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 28 August 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Public Hall’s Committee of Management was held on Tuesday 28 August 2012.

 

The Committee of Management for 2013/2014 comprises:

 

          President                        Ron Henderson

          Vice President                 Brian Pade

          Secretary                        Scott Gaddes

          Treasurer                         Peter Trisley

          Booking Officer              Anne Pade

          Committee Members       Liz Henderson; Betty Trisley; Peter Rundle, Kerry Daley, Pat Wolfe, Barry Pade, Jan Pade, Peter Shales, Sarah Pade, Lyndal Townend, Lorraine O’Shea and Robyn Parker.

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1

3807/2014 - Valla Public Hall - Minutes of AGM held 28 August 2013

 

  


Ordinary Council Meeting - 27 February 2014

Valla Public Hall Committee of Management AGM - 28 August 2013 - Minutes

 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Corporate Services Report

ITEM 10.6    SF342              270214         Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 10 February 2014

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Valla Beach Tennis Courts Committee of Management which was held on 10 February 2014 and the new Committee.  A copy of the minutes, including the Treasurer’s report is attached.

 

 

Recommendation:

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 10 February 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Tennis Club Committee of Management was held on Sunday 10 February 2014.

 

The Committee of Management for the ensuing year 2014/2015 consists of the following Office Bearers:

 

          President                        Ron Henderson

          Vice President                 Graham Jones

          Secretary                        Carol Andersen

          Treasurer                         Tony Davis

          Membership Secretary     Bruce Andersen

          Committee Members       Jeff Thompson, Gary Cattanach

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.


Economic

 

There are no economic implications.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

 

Attachments:

1

4120/2014 - Minutes of AGM - 10 February 2014

 

  


Ordinary Council Meeting - 27 February 2014

Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 10 February 2014

 











 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF844              270214         Nambucca District Water Supply Steering Committee meeting - 5 February 2014

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

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

 

The minutes relating to the meeting held on 5 February 2014 are attached for information and adoption by Council.

 

 

Recommendation:

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 5 February 2014.

 

 

OPTIONS:

 

1        Adopt the minutes

 

2        Seek further clarification on particular items

 

 

DISCUSSION:

 

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

 

The main topics of discussion were:

 

·      Likely risks and variations and their impact on contingencies.

·      Progress on filter and clay blanket redesign and the potential impact on the project budget.

·      Letter from the Office of Water confirming they would be agreeable to a relaxation of the extraction licence for filling of the dam subject to specified conditions.

 

CONSULTATION:

 

Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

GHD

Haslin Constructions Pty Ltd

Ledonne Constructions Pty Ltd

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

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

 

Risk

 

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

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of funds and any variance to working funds

 

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

 

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program.  $11.5 million of the funding has been claimed to date.

 

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

 

Service level changes and resourcing/staff implications

 

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

 

 

 

Attachments:

1

3769/2014 - Minutes of Steering Committee Meeting held on 5 February 2014.

 

  


Ordinary Council Meeting - 27 February 2014

Nambucca District Water Supply Steering Committee meeting - 5 February 2014

 





Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    DA2011/071      270214         Request to Reduce Fees - Nambucca Valley Care and Autumn Lodge Footpath Occupation

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Nambucca Valley Care has engaged contractors to carry out perimeter fencing works at their Autumn Lodge facility in Macksville.  The works are being carried out on the property boundary and the work zone and safety fencing extends into the road reserve.

 

Council has adopted fees and charges for footpath occupancy worked out on a daily basis.  The works being carried out cover a large area and will take over 4 weeks to complete.  The fees were calculated to be $13,537 and have been charged and paid.

 

There was a communication error between the architect and the contractor who was under the impression all approvals were in place, work therefore proceeded without a Section 138 approval to work in the road reserve.

 

Nambucca Valley Care has requested Council consider a reduction of this fee.

 

 

Recommendation:

 

1        That Council acknowledge a request from Nambucca Valley Care for a reduction in the fee charged for footpath occupation for works at Autumn Lodge extending into the road reserve and advise that Council are unable to accede to their request.

 

 

OPTIONS:

 

1    Council can resolve to consider charging an alternative amount, (say $2,000 to cover Council’s administration costs).

 

2    Council can resolve that the fee as charged is correct and no refund is therefore applicable.

 

3    Council could consider issuing further penalties as the applicants have breached the Roads Act.

 

 

DISCUSSION:

 

Nambucca Valley Care have submitted a Development Application for the demolition of buildings and construction of 20 self-care units together with substantial road works, associated drainage, fencing and site works at their Autumn Lodge facility in Short Street Macksville.

 

Council issued a Construction Certificate on 14 January 2014 for works relating to fencing and site access. The works proposed are on the boundary of their site with Boundary Street and Cooper Street Macksville.

 

To carry out works for both fencing and access the work zone needs to encroach onto the road reserve, for a distance of 1m, as advised by the architects. The consent has been conditioned accordingly and the applicant was required to submit a Pedestrian Safety Management Plan and a Construction Traffic Management Plan in support of their Section 138 Application to work in the road reserve.

 

Council staff became concerned about both the encroachment onto the road reserve and the distinct lack of advisory signage for safe pedestrian thoroughfare, further investigation realised there was no approval in place.

 

Following communication between Council staff, the contractors and architects a Tax Invoice was issued to the value of $13,537.00 to Nambucca Valley Care Ltd.

 

This amount may appear to be excessive given the applicant is merely encroaching 1m into the road reserve, however, the total has been calculated in accordance with Council’s adopted fees and charges for footpath occupation, application fees and inspection fees.

 

238m of fencing occupying 1m of footpath @ $2/m/day = $476/Day

 

Occupation has already occurred for 2 weeks and contractors will be on site for another 2 weeks

 

Application Fee               = $     110.00

Inspection Fes                = $       99.00

Therefore $ 476 x 28        = $ 13,328.00

TOTAL                            = $ 13,537.00

 

The Chief Executive Officer of Nambucca Valley Care has contacted Council’s General Manager requesting consideration of a reduction in the fee to cover processing, details as follows:

 

“You would be aware that we have work going on at Autumn Lodge to improve the perimeter fencing.  One item the builder totally overlooked (hence becoming and NVC budget issue) is the temporary hoarding on Boundary St & the Pacific Highway.  Our Architect has been seeking advice from Keith about fees.  The dollar amount provided is $13 438, which Keith has indicated is excessive.

 

I wonder whether you could have a chat with Keith to consider a reduction in fee perhaps (admin processing?).

 

Regards

 

John Butler

Chief Executive Officer

Description: cid:image001.png@01CE4CAD.08619870

 

The footpath occupation fee is charged as a rental fee for occupying Council land at a rate that is usually insignificant to most developments, however due to the extensive property frontage being occupied the total has escalated and Council needs to consider whether to reduce the amount for occupancy of the road reserve that has taken place or is appropriate given it has been calculated from fees and charges adopted by Council.

 

Council staff has attended to this matter as expediently as possible, however Council employees do not have the delegation to waive fees and charges and a Council resolution is required.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Civil Works

Chief Executive Officer Nambucca Valley Care

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact as a result of the recommendation

 

Social

 

No social impact as a result of the recommendation

 

Economic

 

There may be an economic impact to Nambucca Valley Care if they are required to pay full footpath occupation fees

 

Risk

 

There are no perceived risks, other than claims against the applicant if a pedestrian is injured on the adjacent road reserve in the interim period before prior to section 138 approval.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a positive impact to the current budget if the applicant was charged the full amount

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

No staffing implications other than administration costs need to be recouped.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Engineering Services Report

ITEM 11.3    SF90                270214         Nambucca Shire Traffic Committee Meeting Minutes - 4 February 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 4 February 2014 are attached for Council’s information and adoption.

 

 

Recommendation:

 

That Council:

 

1        Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 4 February 2014.

 

2        Note that Australian Standards identifies the minimum sight distance requirements for the installation and use of STOP signs at intersections.

 

3        Note that the road widening and turning lanes were not conditioned when the Woolworths Service Station located on the corner of Bent and Mann Streets, Nambucca Heads, was approved, and that implementation of these requirements will be considered if there is a future change of use at the site.

 

4        Note the advice provided by the Roads and Maritime Services that the B-Double route along Pioneer Street, Nambucca Heads, does not exist.

 

5        Instigate gazettal of the B-Double route for Pioneer Street Nambucca Heads.

 

6        Notify the leading beneficiaries of the route advising them to apply to Council for an Application for Heavy Vehicles Route Assessment at a cost to the applicant of $450.00.

 

7        Note that the Roads and Maritime Services have responded to the following matters:

 

a)   Bellwood Road and Pacific Highway intersection – that improvements to the area are with the RMS design section.

 

b)   Wilson Road speed limits - The RMS will undertake a review of the recently reduced speed limits in due course.

 

c)   That the concerns regarding vehicles performing U turns at 88 Pacific Highway as a result of the closure of the right turn into Willunga Avenue will be monitored by NSW Police as will the driver behaviour at this section of the Pacific Highway.

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

Local Traffic Committee – The Roads and Maritime Services (RMS) are legislated as the organisation responsible for the control of traffic on all roads in New South Wales.  Traffic is controlled by the installation of prescribed traffic control devices, such as regulatory signs, or traffic control facilities, such as medians.

 

The Local Traffic Committee (LTC) has no decision making powers and is primarily a technical review committee.  It only advises the Council on matters for which the Council has delegated authority, being certain prescribed traffic control devices and traffic control facilities.

 

The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions.  Matters related to State Roads or functions that have not been delegated to the elected Council must be referred directly to Roads and Maritime Services or relevant organisation.

 

Council is not bound by the advice given by its LTC.  However, if Council does wish to act contrary to unanimous advice of the LTC or when the advice is not unanimous, it must notify Roads and Maritime Services and the NSW Police and wait 14 days before proceeding.

 

The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month.

 

The members of the Committee met on 4 February 2014 and determined a number of matters as per the attached minutes.  There was no formal Agenda for this meeting.

 

 

CONSULTATION:

 

·              Mr Daniel Boorman (Roads and Maritime Services)

·              Sgt Jarrod Langan (NSW Police)

·              Mr Barry Duffus OAM (Local State Member Representative)

·              Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental issues involved in the approval process.

 

Social

There are no social issues involved in the approval process.

 

Economic

There are no economic issues involved in the approval process.

 

Risk

Decisions are based on guidelines and regulations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no direct or indirect impact on current or future budgets as there is provision within the traffic facility grant for costs associated with installing speed humps on Valla Beach Road and Newry Street and stencilled road markings on Boundary Street approximately $8K in total.

 

Source of fund and any variance to working funds

Traffic facilities block grant.

 

Service level changes and resourcing/staff implications

No change to service level, resourcing or staff implications.

 

Attachments:

1

4012/2014 - Minutes - Nambucca Shire Traffic Committee - 4 February 2014

 

  


Ordinary Council Meeting - 27 February 2014

Nambucca Shire Traffic Committee Meeting Minutes - 4 February 2014

 

PRESENT

 

Keith Williams                 Nambucca Shire Council

Barry Duffus OAM           Local State Member Representative

Sgt Jarrod Langan           NSW Police

Daniel Boorman              Roads and Maritime Services

 

 

APOLOGIES

 

There were no apologies.

 

CONFIRMATION OF MINUTES

 

21/14 RESOLVED:

 

That the Committee note the adoption of the Minutes of the Meeting held on 8 October 2013.

 

 

  

Assistant General Manager Engineering Services Report

ITEM 0.0      SF90                  040214      General Business

DISCUSSION:

 

1        Request to replace STOP signs in Nambucca Heads with GIVE WAY signs – Barry Duffus

 

Mr Duffus is concerned accidents will occur when drivers unnecessarily stop at STOP signs losing momentum required to enter the major road.

 

2        Request for turn lanes into Woolworths Service Station, Mann Street, Nambucca Heads – Barry Duffus

 

Mr Duffus believes the owners of the Woolworths Service Station, Mann Street Nambucca Heads should install turning lanes into their development as vehicles are creating a hazard while waiting to enter.

 

3        Notification by the RMS that Pioneer Street is not a designated B Double route – Sgt J Langan

 

Sgt Jarrod Langan has notified the Nambucca Local Traffic Committee that the B-Double route into Pioneer Street, Nambucca Heads Industrial Estate, is not shown on the Restricted Access Vehicle (RAV) maps and needs to be.  All members of the Committee were under the impression the B-Double route existed.

 

4        Outstanding Actions – Keith Williams

 

Keith Williams advised that the RMS were asked to provide an update on the statues of three actions that have been forwarded to them by Council relating to the following:

 

·      improvements to the intersection of Bellwood Road and the Pacific Highway

·      review sections of the recently reduced speed limit on Wilson Road

·      U turns in the driveway of 88 Pacific Highway Nambucca Heads

 

22/14 RESOLVED:

 

1        That the Nambucca Shire Local Traffic Committee note the adoption of the minutes of the meeting held on the 8 October 2013.

 

2        That the Nambucca Shire Local Traffic Committee note that Australian Standards identifies the minimum sight distance requirements for the installation and use of STOP signs at intersections.

 

3        That the Nambucca Shire Local Traffic Committee recommends that Council note:

 

a)   that road widening and turning lanes were not conditioned when the Woolworths Service Station located on the corner of Bent and Mann Streets, Nambucca Heads, was approved.

 

b)   that implementation of these requirements will be considered if there is a future change of use at the site.

 

4        That the Nambucca Shire Local Traffic Committee recommends Council note:

 

a)   That the Roads and Maritime Services confirm that the B-Double route along Pioneer Street, Nambucca Heads, does not exist.

 

b)   That Council instigates gazettal of the route.

 

c)   That Council notify the leading beneficiaries of the route advising them to apply to Council for an Application for Heavy Vehicles Route Assessment at a cost to the applicant of $450.00.

 

5        That the Nambucca Shire Local Traffic Committee recommends that Council note that Roads and Maritime Services have responded to the following matters:

 

a)   Bellwood Road and Pacific Highway intersection – that improvements to the area with the RMS design section.

 

b)   Wilson Road speed limits - The RMS will undertake a review of the recently reduced speed limits in due course.

 

c)   U Turns at 88 Pacific Highway Nambucca Heads – That concerns regarding vehicles performing U turns at this location as a result of the closure of the right turn into Willunga Avenue will be monitored by NSW Police as will driver behaviour at this section of the Pacific Highway.

 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 1 April 2014 commencing at 10.30am.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 12.30pm. 

 

Keith Williams

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                              27 February 2014

Assistant General Manager Engineering Services Report

ITEM 11.4    SF843              270214         Minutes of the Vehicular Access To Beaches Committee meeting - 14 February 2014

 

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

 

Summary:

 

The meeting for the Vehicular Access to Beaches Committee occurred on Friday 14 February 2014 and the minutes are attached for Council’s information.

 

 

Recommendation:

 

1        That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 14 February 2014 be received and noted.

 

2        That Council issue the Honorary Volunteer Rangers with one (1) Beach Permit annually, free of charge, in order for them to undertake their duties on the beach as a Ranger.

 

3        That when Council updates signage, the 1800 hotline number for reporting illegal or unethical fishing practices be included on the signs.

 

4        That Council pursue grant funding to erect signage at the boat ramps and fishing tables to publicise the 1800 hotline number.

 

 

OPTIONS:

 

1        Adopt the recommendations.

2        Amend the recommendations.

 

 

DISCUSSION:

 

The VABC convenes twice per annum. The minutes of the meeting held on the 4 February 2014 are attached.

 

 

CONSULTATION:

 

No other consultation was undertaken with respect to this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications as a result of this report.

 

Source of fund and any variance to working funds

 

None required.

 

Attachments:

There are no attachments for this report.