NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

30 October 2014

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

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

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 30 October 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 —

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

5        NOTICES OF MOTION  

6        PUBLIC FORUM

Mr Paul Linder - Public Forum - Living next door to a "rubbish dump"

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Expression of Interest - Pilot North Coast Joint Organisation - Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council......................................... 18

9.2     Outstanding Actions and Reports.................................................................................... 41

9.3     Pollution Incident - Break in Sewer Rising Main................................................................. 48

9.4     Planning Proposal LEP amendment no. 18 Reclassification of community land to operational land on Multiple Land Parcels - results of exhibition..................................................................... 51

9.5     Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 October to 22 October 2014................................................................................. 59

10      Assistant General Manager Corporate Services Report

10.1   Year End Financial Result & Statements – 30 June 2014................................................... 61

10.2   Schedule of Council Public Meetings............................................................................... 94

10.3   North Macksville Plying Fields (Soccer Club) - Minutes of Annual General Meeting – 8 September 2014..................................................................................................................................... 95

11      Assistant General Manager Engineering Services Report

11.1   Public Lighting Forum 24 September 2014....................................................................... 98

11.2   Application for Temporary Road Closure -  Nambucca River Festival on 29 and 30 November 2014.................................................................................................................................... 153

11.3   Application for Temporary Road Closures - Macksville Gift Procession on 8 November 2014 167

11.4   Realignment, opening and closure of Taylors Arm Road Upper Taylors Arm affecting Lots 35 and 66 in DP755547.................................................................................................................... 180

11.5   Waste Management Quarterly Report July - September 2014........................................... 184    


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

12.1   Mixed Waste Processing Dispute

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 October 2014

 

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

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve under the Local Government Act as Cr MacDonald’s brother-in-law and sister have purchased an adjoining property and their access could be affected by Council’s decision.  Cr MacDonald left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.16 Quarry Solutions Pty Ltd v Nambucca Shire Council under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent on this development application.  Cr Hoban left the meeting for this item.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.16 Quarry Solutions Pty Ltd v Nambucca Shire Council under the Local Government Act as the son-in-law of a distant relative carts material from the Quarry when required.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 11.3 Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads, however, he does not hold an Executive Position in the Club and is not involved in any decision making committees.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 September 2014

 

480/14 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 25 September 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1933              161014      Notice of Motion - Request for Leave 7 to 31 October 2014 (SF1228)

481/14 RESOLVED:        (Hoban/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 7 to 31 October inclusive.

 

 

 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

ITEM 9.2      Nambucca Heads Skate Park:

          i)       Mr Dan Moriaty – representing the Nambucca Valley Skaters Association

i         i)       Mr Chris Hewgill – representing the Nambucca Valley Youth Centre

 

ITEM 9.4      Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd:

          i)       Ms Cheryl Stevens – resident of Caravan Park

          ii)      Ms Vicki Gee – resident of Caravan Park (to be heard in Closed Meeting)

 

Mr Dan Moriaty addressed Council making the following points:

·    Initiated action in the Anti-Discrimination Board

·    Skating is not a crime

·    Constant surveillance and barbed wire fence is done to criminals not to kids – Council made an error and will have to take the two residents on

·    Has 3 lawyers and one law firm to take the case for him

·    Encourages Council to negotiate with the two objectors

 

Mr Chris Hewgill addressed Council making the following points:

·    Runs Youth Centre and works for Wesley Mission

·    Getting skate park up was a 27 year saga

·    Has been trying to explain the legal action

·    Kids only see that they are locked in a “cage”

·    Question is if the two objectors do actually want to negotiate

·    Kids feel strongly about the fence and the disruption to their lives – they say it is not a good place for them (the kids)

·    Big events cannot be conducted at that skate park

·    May have to start from scratch ie look for alternative site

·    Need to emphasise in the media that this is a development applicaiton issue not the fault of the kids

·    It is the only skate park in Australia that is caged

 

 

ITEM 9.2      PRF71                161014      Nambucca Heads Skate Park

482/14 RESOLVED:        (Flack/Ainsworth)

 

1        That Council attempt to arrange a meeting with representatives of the Skaters and the residents who undertook the legal action against Council to explore opportunities for an agreement which, whilst protecting the interests of all parties, would be in the public interest.

          Councillors Flack, Morrison, MacDonald and Ainsworth volunteered to participate in the meeting.

 

2        In the event that the Skaters and residents agree to meet, that the Mayor and one other Councillor plus the General Manager participate in the meeting.

 

3        That Council note the Deed of Settlement and Deed of Release as attachments to the report in closed.

 

 

 

DELEGATIONS continued

 

Ms Cheryl Stevens addressed Council in Open Meeting making the following points:

·    Is also a resident who lives on an encroaching dwelling

·    All residents like where they live and do not want to leave

·    Has security, friends, gardens, some residents have renovated

·    Supports manager in obtaining a licence for the encroachments

·    Under a lot of pressure and it is unfair that one person is putting them under this pressure

·    Where will they be in five years?

·    Wish to live their lives in peace and harmony

 

483/14 Resolved:        (Ainsworth/Morrison)

 

1        That Council move into Closed Meeting to hear Ms Gee’s delegation – the time being 6.25 pm.

 

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

 

The reason for going into Closed Meeting is listed below:

 

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) (e) of the Local Government Act, 1993, on the grounds that the information would, if disclosed, prejudice the maintenance of the law..

 

 

Ms Gee addressed Council in Closed Meeting to a prepared statement.

 

484/14 Resolved:        (Flack/South)

 

That Ms Gee be provided with additional time for her presentation to Council.

 

485/14 Resolved:        (Flack/Ainsworth)

 

That Council resume in Open Meeting the time being 7.22 pm.

 

ITEM 9.4      SF1480              161014      Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

486/14 RESOLVED:        (Ainsworth/Flack)

 

That a new license agreement for encroachments, excluding Ms Gee’s dwelling, be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with annual CPI indexation, and that Council’s seal be attached to the licence documents as required.

 

Council noted that Ms Gee agreed to this arrangement and further, that Ms Gee is to provide a written undertaking within 21 days agreeing to the exclusion of her dwelling from the encroachment licence.  Pending receipt of the written agreement from Ms Gee and the Crown, that Council issue a Notice of Intention to serve an order to remove the dwelling and that a period of three (3) months (from the date of the Order) be provided for this.

 

 

 

Resolved:          (Flack/South)

 

That Item 9.3 be brought forward as there were interested parties in the gallery.

 

 

Cr MacDonald left the meeting for Item 9.3 at 7.31 pm and returned after the conclusion of this Item at 7.45 pm.

 

ITEM 9.3      PRF72                161014      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

Motion:      (Flack) the motion lapsed for want of a seconder

 

1        That Council not proceed with a proposed reclassification of the Kingsworth Lake Reserve from community to operational land and not proceed with changing its zoning from RE1 Public Recreation to E3 Environmental Management.

 

2        That another risk assessment of the land be undertaken with the objective of reviewing the plan of management.

 

Motion:      (Finlayson/Ainsworth)

 

That Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

Amendment:       (Flack) the amendment lapsed for want of a seconder.

 

That this matter be deferred pending consideration of the consultant report by Suters Planning on community facilities and open space.

 

487/14 Resolved:        (Finlayson/Ainsworth)

 

That Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

Note: Cr Flack requested that her vote be recorded against the resolution as she believes Council is pre-empting the outcome of the report by Suters Planning on community facilities and open space.

 

 

 

The meeting adjourned at 7.50 pm.

The meeting resumed at 8.25 pm.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                161014      Outstanding Actions and Reports

488/14 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

Item 9.3 was dealt with earlier in the meeting.

 

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF125                161014      Staff Training

489/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the information provided.

 

 

 

ITEM 9.6      DA2014/083        161014      Alterations to Existing Scotts Head Caravan Park - DA 2014/083

490/14 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/083 for alterations to an existing caravan park at Lot 104 DP 622709 - Adin Street, Scotts Head, subject to the schedule of conditions outlined in attachment 2 of this report and including the following additional consents:

 

          Location of Amenities Building-

          The amenities building is to be located so as not to result in the removal of any existing trees.

 

          Tree Removal-

          Any hollow sections of trees to be removed as part of the development must be inspected for native fauna prior to work commencing and animals removed by a suitably qualified wildlife handler, when practical and safe to do so. Any hollow sections of the tree should be removed and lowered to the ground with care. Any native fauna found should be appropriately relocated under supervision of a suitably qualified wildlife handler. Any hollow sections of trees removed shall be replaced by the installation of an artificial tree hollow in another tree on the site to the satisfaction of Council.

 

2        That the development consent be issued following the endorsement of the attached Deed of Agreement.

 

3        That Council’s Seal be attached to the Deed of Agreement as required.

 

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

                                      (Total 7)

Against the motion:         Nil

 

 


 

ITEM 9.7      SF688                161014      Environmental Levy

491/14 RESOLVED:        (Flack/South)

 

1        That Council note the proposed Environmental Levy management program;

 

2        That Council allocate $25,000 of Environmental Levy funds towards a community fund and call for proposals in conjunction with Councils donation program. $5000 be allocated as a maximum funding amount per application.

 

 

 

ITEM 9.17    SF688                161014      Addendum to Environmental Levy - Report

492/14 RESOLVED:        (Flack/South)

 

1        That Council immediately advertise for comment,  the proposed environmental levy works program for 2015/2016 and invite the public to make submissions on the nominated projects and to put forward suggestions for new projects including projects to be undertaken through the Environmental Levy community fund.

 

2        That Council undertake the advertising process identified in 1. on an annual basis.

 

 

 

ITEM 9.8      SF600                161014      Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

493/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        Council give public notice of its intention to reclassify the land shown as proposed Lots 2 and 3 in trim document no. 18527/2014 as operational land and undertake the required public hearing in accordance with the Local Government Act 1993.

 

2        That Council seek the assistance of an adjoining Council in undertaking the necessary public hearing and report to Council on the reclassification.

 

Amendment:       (Flack) the amendment lapsed for want of a seconder.

 

That matter be deferred until Council has received the report by Suters Planning on community facilities an open space.

 

Note:  Cr Flack requested that her vote be recorded against the resolution as she does not support the reclassification prior to Council receiving the report by Suters Planning and also because of the destruction of an endangered ecological community (EEC).

 

 

 

ITEM 9.9      SF1947              161014      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 September to 17 September 2014

494/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

ITEM 9.10    SF1947              161014      Construction And Complying Development Certificates Approved September 2014

495/14 RESOLVED:        (MacDonald/Ainsworth)

 

That the Construction and Complying Development Certificates approved for September 2014 be noted and received for information by Council.

 

 

 

ITEM 9.11    SF1947              161014      2014 September - Development and Complying Development Applications Received

496/14 RESOLVED:        (Ainsworth/Finlayson)

 

That the Development Applications and Complying Development Applications received in September 2014 be received for information.

 

 

 

ITEM 9.12    SF1920              161014      Minutes of the Access Committee meeting held 23 September 2014

497/14 RESOLVED:        (MacDonald/Ainsworth)

 

1          That Council’s Engineers assess and report on the pedestrian refuge on Marshall Way roundabout so that the flow of pedestrian access is not impeded by the existing garden. 

 

2          That regarding the use of footpaths by shopkeepers, Council note that the Access Committee’s primary view is that the continuous path of travel should be along the shoreline of shop fronts.  Should there not be community support for this, the Committee’s view is that there be consistency with the placement of signs and outdoor dining furniture to ensure the continuous line of travel is unimpeded. 

 

3          That the Committee’s view is that outdoor dining be contained within café-style barricades or similar.

 

4          That the remainder of the minutes of the Nambucca Shire Council Access Committee meeting held 23 September 2014 be endorsed.

 

 

 

ITEM 9.13    PRF54                161014      Gumma (Boulton's Crossing) Reserve

498/14 RESOLVED:        (Finlayson/Hoban)

 

1        That the information concerning the Gumma (Boulton’s Crossing) Reserve and the inspection undertaken on 16 October 2014 be received.

 

2        That Council congratulate the Manager Business Development for the progress made at the Gumma (Boulton’s Crossing ) Reserve.

 

 

 

ITEM 9.14    SF1148              161014      Council Ranger's Report September 2014

499/14 RESOLVED:        (Ainsworth/Morrison)

 

That the Council’s Rangers report for September 2014 be received and noted by Council.

 

 

 

ITEM 9.15    SF1893              161014      Appointment of Assistant General Manager Engineering Services to the Board of IPWEA (Institute of Public Works Engineering Australasia - NSW Division)

500/14 RESOLVED:        (Ainsworth/Finlayson)

 

That the Assistant General Manager Engineering Services be congratulated on his appointment to the IPWEA (NSW) Board.

 

 

 

General Manager Report – LATE

 

Cr Hoban left the meeting for Item 9.16 at 8.50pm and returned after the conclusion of Item 9.16 at 8.51 pm.

The Deputy Mayor, Cr John Ainsworth, took the Chair for the duration of this item.

 

ITEM 9.16    DA2001/096        161014      Quarry Solutions Pty Ltd v Nambucca Shire Council

501/14 RESOLVED:        (South/MacDonald)

 

Council note that Quarry Solutions Pty Ltd have lodged a Class 1 application with the Land and Environment Court seeking approval to a further application to modify the consent of the Valla Quarry.

 

 

Item 9.17 was dealt with in conjunction with Item 9.6.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              161014      Grant Application Status Report

502/14 RESOLVED:        (MacDonald/Finlayson)

 

That the list of grant applications and their status to 30 September 2014 be received.

 

 

 

ITEM 10.2    SF298                161014      Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 8 September 2014

503/14 RESOLVED:        (MacDonald/Finlayson)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 8 September 2014, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.3    SF251                161014      Schedule of Council Public Meetings

504/14 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

ITEM 10.4    SF300                161014      EJ Biffin Playing Fields Committee of Management AGM - 29 September 2014 - Minutes

505/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields Annual General Meeting held on 29 September 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF1991              161014      Investment Report To 30 September 2014

506/14 RESOLVED:        (Finlayson/MacDonald)

 

That the Accountants’ Report on Investments placed to 30 September 2014 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1031              161014      Review into Weed Management - Natural Resources Commission

507/14 RESOLVED:        (South/MacDonald)

 

1        That Council, as the Local Control Authority (LCA), acknowledge that it remains responsible for the effective management of noxious weed species within lands that it owns or manages and is responsible for ensuring compliance with the Noxious Weed Act by private land owners / occupiers.

 

2        That Council receive and note the Natural Resources Commission (NRC) final report and the impending changes to weed management as a result of the adopted recommendations within the report.

 

 

 

ITEM 11.2    SF604                161014      Noxious Weeds Management Report on Activities 2013 - 2014

508/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council receive and note the information provided in the Noxious Weed Management for the 2013-14 financial year.

 

 

Note:  Cr Flack left the meeting at 9.00 pm.

 

ITEM 11.3    SF952                161014      Request for Donation of Seat Shelters for the Unoffical Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads

509/14 RESOLVED:        (Morrison/Ainsworth)

 

1        That Council agree to provide two shelters so that the Lions Club of Nambucca Heads can erect these shelters over the existing seating for all to enjoy at “Duffos Rest” at the Link Road Northern entrance to Nambucca Heads.

 

2        That a management plan for the future improvement of the site be prepared by both the Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

3        That the costs for the shelters are to be allocated against working funds and costs associated with the planting, gardening and solar lighting be funded from the environmental levy.

 

 

ITEM 11.4    SF1031              161014      New Draft Policy - Local Approvals Policy

510/14 RESOLVED:        (Ainsworth/South)

 

That Council forward the Draft Local Approvals Policy to the Secretary, Department of Planning & Environment, for the Secretary’s consent to Part 1 of the Policy as required under Section 162 the Local Government Act 1993.

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.5    SF95                  161014      Additional Parking - Wallace Street, Macksville

511/14 RESOLVED:        (Ainsworth/MacDonald)

 

1    That Council concur to a request from Finishing Touches to sign post and extend the 1 hour parking zone on Wallace Street, Macksville by one parking bay outside their premises and  adjacent to the Matilda Street Intersection.

 

2    The applicant (Finishing Touches) meets costs associated with relocation of the signs.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/South)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    PRF71                161014      Nambucca Heads Skate Park - Deed of Settlement and Deed of Release

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1103              161014      Off River Storage Project _ Compensation For Landowners Affected By Infrastructure Works

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              161014      Sale of Land for Overdue Rates and Charges

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

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.12 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.32 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    PRF71                161014      Nambucca Heads Skate Park - Deed of Settlement and Deed of Release

512/14 RESOLVED:        (Ainsworth/MacDonald)

 

The recommendation concerning the Closed attachments in the report in open meeting be adopted.

 

 

Cr Finlayson left the meeting for Item 12.2 at 9.12 pm and returned after the conclusion of Item 12.2 at 9.19 pm.

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1103              161014      Off River Storage Project - Compensation For Landowners Affected By Infrastructure Works

513/14 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council make offers of compensation to the affected land owners with properties designated as Lot 326 DP 777074 and Lot 2 DP 1076377 based on the amounts determined in Section 9 of the valuation reports prepared by Herron Todd White.

 

2        That Council waiver the requirement for payment of the outstanding amount of $7,487.00 for provision of 3 phase power to the Lewis’ property to act as an additional allowance to compensate for disturbance.

 

3        That Council provide the affected landowners with a draft copy of the easement plans and advise them that payment of compensation will be made once they sign the Administration Sheets associated with the Deposited Plan that is to be lodged with the Lands Titles Office.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              161014      Sale of Land for Overdue Rates and Charges

514/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council sells the land identified in the report for recovery of rates and charges in accordance with Section 713 of the Local Government Act 1993.

 

2        That the sale is by way of a public auction on (date to be set) in the Council Chambers Macksville commencing at (time to be set).

 

3        That Council calls for expressions of interest from licenced local auctioneers to conduct the sale with the General Manager authorised to appoint a suitable auctioneer.

 

4        That reserve prices for the land be determined by a qualified Valuer wherever the land value at the 1 July 2013 base date exceeds $20,000.  For land values of less than $20,000 the reserve price be determined by the General Manager and the Mayor.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.32 pm. 

 

Confirmed and signed by the Mayor on 30 October 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                               30 October 2014

General Manager's Report

ITEM 9.1      SF2025            301014         Expression of Interest - Pilot North Coast Joint Organisation - Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council resolved to agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils.

 

The expression of interest for Council’s participation in a North Coast Joint Organisation has now been lodged.

 

 

Recommendation:

 

That the information concerning the lodgement of an expression of interest for a pilot North Coast Joint Organisation be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.  The expression of interest for a North Coast Joint Organisation has been lodged.

 

DISCUSSION:

 

It was reported to Council’s meeting on 25 September 2014 that at the briefing on the Fit for the Future Reforms provided by the Office of Local Government in Coffs Harbour on 18 September, there was considerable interest shown by Clarence Valley, Coffs Harbour and Bellingen Councils in putting forward an expression of interest for all of the Councils, including Nambucca Shire Council to participate as a pilot Joint Organisation (JO).  The Fit for the Future reform package nominates that over the next 12-18 months there will be a co-design and pilot model conducted for 4 regions.

 

Council resolved to agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils.  The builds on recent work undertaken for MIDROC by consultants KPMG which suggests that optimising service delivery across Council boundaries may provide efficiency savings of between 5 to 10%.

 

Subsequently the Mayor and General Manager met with the respective Mayors and General Managers of the other councils at a meeting in Coffs Harbour on 9 October 2014.  The purpose of the meeting was to discuss a draft expression of interest put together by Coffs Harbour City Council.  Across the proposed JO Councils there are different views as what to functions a JO should perform.

 

There were strong representations from the Mayor and myself that the financial sustainability of the constituent councils be the JO’s top priority.  However it is fair to say that others expressed more interest in the pilot JO undertaking regional level planning and inter-government relations rather than “bottom line” financial sustainability.  The differing views relate in part to a concern by some councils’ that their advanced and rigorous approach to service level reviews and productivity generally, means that any alliance of internal (back of house) service provision with other councils may make them less, not more efficient.

 

Following input from the constituent Councils, Coffs Harbour City Council has now finalised and lodged an expression of interest for the four constituent councils to participate in a pilot Joint Organisation.

 

The covering letter and expression of interest for the Councils’ participation in the pilot Joint Organisation is attached.

 

CONSULTATION:

 

There has been consultation with the Mayors and General Managers of Clarence Valley, Coffs Harbour and Bellingen Councils.

 

At the LG NSW Conference held at Coffs Harbour on 20 and 21 October the pilot JO’s were discussed.  The Acting CEO of the Office of Local Government advised that 11 expressions of interest for pilot JO’s have been received covering every regional centre in NSW except for one.  He advised that consideration was being given to increasing the number of pilots from the previously announced four.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are obvious risks in the development and implementation of the proposed Joint Organisations.

 

In the first instance the proposed North Coast Joint Organisation covers a collection of disparate communities stretching over 230 km from Iluka and Yamba in the north to Scotts Head and Eungai in the south and places like Ewingar, Dorrigo and Burrapine in the west.  The councils have a combined population of 154,000.  There is no single regional centre which anchors these disparate communities.  There is no discernible community of interest.  By way of example, Yamba is closer to Queensland’s Gold Coast than it is to Eungai.  The concerns and perspectives of the respective communities and their councils’ can be quite different.

 

Secondly, 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?  How will conflict between region wide goals of the joint organisation and the local goals of the participating councils be reconciled?

 

Thirdly, there are risks with the governance model for JO’s.  As indicated, if the JO’s operate effectively there will be instances of conflict between the local goals of the participating councils and the region wide goals of the JO.  How will these conflicts be resolved?  Whilst not necessarily in the interests of the smaller councils in the JO, decision making which is not representative of the respective populations of the local government areas (ie an undemocratic gerrymander) is unlikely to be socially sustainable.  There have already been examples of alliances and regional organisations of councils failing on this point.

 

Fourthly, many of the regional co-ordinating functions are already undertaken by other bodies such as the Department of Premier and Cabinet and in relation to regional planning by the Department of Planning and Environment.  There is a risk that if the Joint Organisation focuses its attention on regional planning and co-ordination that it will be simply duplicating functions already undertaken by other authorities.

 

Finally, the establishment and staffing of the Joint Organisation itself may further worsen the Council’s financial sustainability.  Even a fairly small organisation with a staff of say eight (8) would require, in proportionate terms, a financial or staffing contribution from this Council of 1 senior EFT or about $100,000 per annum.  This compares with the $12,500 per annum we currently spend on our MIDROC membership.

 

On the other hand the proposed Joint Organisation presents 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.  This was made plain by the Premier and Minister for Local Government at the LGNSW Conference on 20 and 21 October.

 

The challenge with the proposed Joint Organisations is to achieve the opportunities and avoid the risks which are outlined above.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The “Fit for the Future” program proposes that each Joint Organisation will receive $300,000 to get established.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

If the North Coast Joint Organisation is accepted as a pilot it is likely there will be resourcing and staffing implications.  These cannot be determined until the pilot councils agree on the form of the JO.

 

Attachments:

1

30332/2014 - Proposed North Coast Joint Organisation EOI - covering letter

 

2

30333/2014 - Draft EOI  Joint Organisation Pilot North Coast

 

  


Ordinary Council Meeting - 30 October 2014

Expression of Interest - Pilot North Coast Joint Organisation - Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council

 



Ordinary Council Meeting - 30 October 2014

Expression of Interest - Pilot North Coast Joint Organisation - Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council

 



















Ordinary Council Meeting                                                                                               30 October 2014

General Manager

ITEM 9.2      SF959              301014         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.

 

As at 28 September – outcome of tender to be reported to next Estuary Committee meeting.

 

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.

 

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 

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.

To be included in with proposed rates workshop – April 2014.

 

2014/15 rating structures set as per Special Rate Variation include with rating workshop August 2014.  Report in October.

 

Deferred to first meeting in November due to the number of inspections in October.

 

 

AUGUST 2013

 

4

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.

Deferred until May 2014

Deferred until June 2014

Deferred until September 2014 and a report will be prepared on the outcome of the meeting.

Memo with updated policy and procedures will be provided to Councillors for comment at the end of September.

 

 

NOVEMBER 2013

 

5

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.

 

Letter sent to RMS 6 June seeking update on progress.

RMS advised, still under investigation.

 

 

6

SF642

28/11/13

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

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

 

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

 

Report deferred to October 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act.

 

DECEMBER 2013

 

7

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.

Report produced.

 

Media release to be issued before the end of October 2014.

 

FEBRUARY 2014

 

8

SF844

27/02/14

That Council prepare a Dam Filling Options report as required by the Office of Water and undertake consultation with Fisheries, EPA and downstream landholders.

 

AGMES

Report July 2014

Deferred until September meeting scheduled with Office of Water and a response will be presented to Council with the outcome of the meeting.

Email provided to Councillors on 4 Sept 2014 advising at this stage meeting in September is not required;

It was an anticipated that a further meeting would be required to finalise the draft options filling report Both the entities (Office of Water and Primary Industries – Fisheries) had no objection to the proposal put forward from Council which basically involved full release of minor rainfall events 5mm or less and increasing percentage of rainfall captured for larger events up to 90% capture for 100mm rainfall or over.

The Office of Water advised that the operating conditions (extraction rules and dam licence) do not come into effect until the dam is commissioned and this is considered to be at 60% full and water levels can be managed.  In effect this means that Council can pump as it likes within current licence and there is no requirement for transparent release of rainfall until the dam is 60% full.

Council has applied to Office of Water for a permit to capture surface water.

 

Email forwarded to Councillors on dam filling options update following question at Council meeting on 28 August.

 

 

MARCH 2014

 

9

SF841

SF1933

27/3/14

Council make further representations re the option of bridging the NV floodplain in preference to a filled embankment and culverts.

Council make representations to the Minister re concerns regarding impact of construction phase – cut and fill and length of construction period and long term maint-enance costs and impact of addition flooding issue.

 

AGMES

Letter sent 24 April 2014 (TRIM 9433/2014)

Letter drafted 3 April 2014

Mayor discussed matter with the Deputy Premier on 27/6/2014 and is meeting with the Minister for Transport (train timetabling) and the Minister for Roads on 14/8/14.

Response provided to Councillors.

Council has been supplied with preliminary (15% complete) design for Nambucca River Crossing by the Acciona Ferrovial Joint Venture.

The Mayor met with Minister for Transport Gladys Berejiklian MP on and the Minister for Roads Duncan Gay MLC 14 August 2014.

 

 

APRIL 2014

 

10

PRF54

10/4/14

Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior to the peak season.

 

GM

Report October 2014

 

MAY 2014

 

11

SF1948

29/5/214

Council make a submission to the RMS in support of the revised policy for the location of highway service centres, and particularly the proposed service centre at the NH’s interchange.

 

GM

Letter sent w/e 6/6/2014

 

JUNE 2014

 

12

SF988

12/06/14

That Council write to the NSW Minister for Health & the CEO of the MNC Local Health District emphasizing the urgent need for the planning & funding of a replacement of Macksville hospital and the urgent need for support for, and the recruitment of doctors & nurses.  Further that Council extend an invitation to the Minister to inspect the hospital and hear the concerns held for its future.

 

GM

Letter sent 20 June 2014

Mayor discussed matter with Deputy Premier on 27/6/2014.

 

13

SF988

12/06/14

Council look for possible sites for a new Macksville Hospital which are in flood free areas.

 

GM

Offer to assist MNCLHD in locating a new site referred to Minister and CEO of MNCLHD in letter of 20 June 2014.

 

 

14

SF732

26/06/14

Council seek funding in the next round of the Sustainable Dredging Program to employ a consultant to prepare a report on the merits of a dredging strategy etc.

 

GM

Awaiting next round of the Government’s dredging program.

 

15

SF90

29/06/14

Traffic Committee consider speed zones and the policing of traffic in the Macksville Industrial Estate due to speeding.

 

AGMES

Report back to Council following the next scheduled Traffic Committee meeting.

 

MTS advises that he has notified the NSW Police of speeding issues in the Industrial estate and they will monitor as resources permit.

 

 

16

SF1496

29/06/14

That RMS and Acciona Ferrovial be invited to attend the next meeting of the Estuary Committee to explain how the new Pacific Highway bridge over the Nambucca River is to be constructed.

 

GM

Letter sent w/e 4/7/2014.  As indicated the design of the bridge by the Acciona Ferrovial Joint Venture (AFJV) is 15% complete.  The time available for having an input into its design and construction is running out.

 

JULY 2014

 

17

SF791

31/07/14

That item 2 (sale of part of Gordon Park to Leckie) be deferred until a further report from Crown Lands is received following their discussion with the Leckies and whether they (Crown Lands) have changed their opinion.

 

GM

Letter emailed to Crown Lands seeking their advice on 6/8/14.

 

AUGUST 2014

 

18

SF1933

14/08/14

Proposal from Nambucca River Users Group to reinstate boat launching site at Wirrimbi be deferred until the Group submit a formal proposal to Council.

 

AGMES

Awaiting receipt of proposal.

 

19

SF1148

14/08/14

That Council receive a report regarding nose to kerb parking including what other LGAs are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.

 

AGMES

Report March 2015

 

20

SF595

28/08/14

That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

 

AGMES

March 2015

 

21

SF247

28/08/14

Council correspond with landowners in the Lower Nambucca to gauge support for a pressure sewerage system; that Council engage a consultant to complete a concept design; that Council provide a budget variation of up to $10,000 for the work.

 

AGMES

October 2014

 

SEPTEMBER 2014

 

22

SF791

11/09/14

There be a further report to Council on the outcome of the tender for the development of the subdivision (Hyland Park) and the reserve price for the lots.

 

GM

Report February 2015.

 

23

SF399

26/09/14

Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of councillors from 9 to 7 via a referendum.

 

GM

Deferred to late 2015 (next LG general election scheduled for September 2016).

 

24

SF399

26/09/14

Council review the vacant position of Information and Communications Technology Officer (electronic engagement) in 6 months’ time.

 

GM

Report March 2015.

 

25

SF399

26/09/14

There be a further report on the option of reducing staffing levels in the outdoor workforce.

 

GM

Report November 2014.

 

OCTOBER 2014

 

26

PRF71

16/10/14

Council attempt to arrange a meeting with representatives of the Skaters and the residents who undertook legal action against Council to explore opportunities for an agreement etc (Nambucca Heads Skate Park)

 

GM

Letters sent to Skaters and Residents on 23/10/14

 

27

SF1480

16/10/14

A new license agreement for encroachments, excluding Ms Gee’s dwelling, be entered into with the new owner, the Dennien Group … Ms Gee provide a written undertaking within 21 days agreeing to the exclusion of her dwelling from the encroachment licence.  Pending receipt of the written agreement from Ms Gee and the Crown, that Council issue a notice of intention to serve an order to remove the dwelling and that a period of 3 months be provided for this.

 

GM

Letters sent to the Ms Gee and the Crown on 23/10/14.  Legal advice received from Dennien Group that they are not required to re-locate Vicki Gee’s dwelling from site 42, nor compensate Vicki Gee for any such removal.  “We note that, notwithstanding the above, that the Terms of Settlement do not otherwise diminish Vicki Gee’s claim for compensation in the event the licenced land is not transferred from Crown Lands to the Business Owner.  However, we note that as Vicki Gee only leases site 42 from the Business Owner any claim would, in our opinion, need to be limited to the extent of the terms of the Lease agreement between the parties”.

Mr Dennien meeting with the Mayor and GM on 23 October.

 

28

PRF72

16/10/14

Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

GM

Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment.  Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

 

 

29

SF688

16/10/14

Council give public notice of its intention to reclassify land shown as proposed lots 2 and 3 as operational land and undertake the required public hearing (land to the west of the Valla Beach Pre-School)

 

GM

Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment.  Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

 

30

SF1120

16/10/14

Council note that Quarry Solutions have lodged a Class 1 application with the L&E Court seeking approval to a further application to modify the consent for the Valla Quarry.

 

GM

Deputy Mayor & GM met with Council’s solicitor on 21 October.  Arrangements being made to advertise the application.  Preliminary legal advice is that Council will need to consider the application and put a position to the Court.

 

31

SF952

16/10/14

Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

AGMES

Report December 2014

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                               30 October 2014

General Manager's Report

ITEM 9.3      SF1745            301014         Pollution Incident - Break in Sewer Rising Main

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not necessary.

 

 

Recommendation:

 

That the information concerning a pollution incident arising out of break in a sewer rising main at Hyland Park be received.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Council has received the attached letter from the NSW EPA in relation to a break in a sewer rising main at Hyland Park.  The letter is self-explanatory.  The EPA have determined to take no regulatory action in response to the incident but Council will note the requirement that it (Council) needs to exercise all due diligence to ensure appropriate systems are in place to avoid unnecessary delays in detecting and responding to such breaks.

 

The best estimate of Council staff is that it took 4 days to detect and locate the break in the rising main.  This included a weekend.  This first indication that something was amiss was that Council’s electrician noted reduced running hours on the ultraviolet operation at the Nambucca Heads Sewerage Treatment Plant.  He then checked the pump station running times for the various rising mains which feed the Plant and noted a reduced running time on the particular rising main.  The sewer main break was then identified by which time it was estimated that over 1 ML of untreated sewage had been discharged into the Nambucca State Forest.  No water course was directly impacted.

 

The response to the EPA from Council’s Water & Sewerage Manager is agreed.  Council has an extensive network of rising mains, including relatively long sections through uninhabited land.  The best means of detecting a main break is through improved telemetry of pumping stations which will include monitoring of pumping pressures or static pressures.  An alarm would be triggered when pressures drop below their normal daily average providing a warning of a possible break.

 

The matter is brought to the attention of Council as it is a significant pollution incident and the upgrading of Council’s telemetry will need to be incorporated in future sewer budgets.

 

 

CONSULTATION:

 

There has been consultation with the Manager Water & Sewerage.  There has been consultation with the EPA.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As indicated in the report, the sewer main break is a significant pollution incident.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks are indicated in the report and attached letter.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The improvement of sewer telemetry will impact on future sewer 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 are no resourcing/staff implications.

 

Attachments:

1

31244/2014 - Pollution Incident - EPA letter

 

  


Ordinary Council Meeting - 30 October 2014

Pollution Incident - Break in Sewer Rising Main

 


Ordinary Council Meeting                                                                                               30 October 2014

General Manager's Report

ITEM 9.4      SF1977            301014         Planning Proposal LEP amendment no. 18 Reclassification of community land to operational land on Multiple Land Parcels - results of exhibition.

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

Forsyths Chartered Accountants completed an audit of Nambucca Shire Council’s Financial Statements for the period ending 30 June 2013.  During the course of the audit regarding the classification of Council’s land Forsyth’s noted that there are a number of land parcels for pump stations which have been included in the Community Land category to which they have recommended that Council correct the classification in accordance with the code of accounting practice.

 

Also, in proceeding with the LEP amendment and reclassification of part EJ Biffin Fields for the purposes of Health Services Facility an additional portion of land needs to be reclassified to allow the land as proposed in the DA and original amendment to be disposed of. The details of this error are discussed in the report.

 

As required by the Local Government Act the planning proposal has been exhibited and a public hearing was held on the 14th October 2014.

 

The purpose of this report is to advise Council of the result of the public exhibition of the amendment.

 

 

Recommendation:

 

1        That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal (LEP amendment no 18), associated documents and submissions be forwarded to Department of Planning and Environment requesting that they seek the making of the Plan by the Minister.

 

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

 

3        That Council formally thank Ms Liz Jeremy, General Manager of Bellingen Shire Council for           her pro bono services in conducting the public hearing.

 

 

 

OPTIONS:

 

Council may choose not support the amendment.

 

 

DISCUSSION:

 

A gateway determination was received from the Department of Planning on the 24 June 2014. The planning proposal was exhibited from Thursday 11 September 2014 to Friday 10 October 2014 at Councils administration centre, the Nambucca Library and on Council’s Website. During the exhibition period Council received no submissions in relation to the reclassification.

 

Pursuant to the requirements of the Local Government Act, reclassification of land from Community to Operational requires Council to hold a public hearing and that hearing cannot be presided over by a present or former Council staff member. For this reason the Bellingen Shire Council General Manager, Ms Liz Jeremy made herself available, pro bono publico, to facilitate the public hearing.

 

A public hearing was held on Tuesday 14th October 2014 at 5:30pm at the Nambucca Council Administration Centre located at 44 Princess Street Macksville. No persons attended the public hearing. A facilitators report from Liz Jeremy is provided as [attachment 1].

 

The lots to be reclassified that relate to Councils operational infrastructure are listed below. Given Council has supported the amendment in the past the details have not been repeated in this report. Should Councillors be interested, full detail in relation to each of the properties can be found in the previous report dated 15 May 2014. In relation to the EJ Biffin amended, a brief description of the reclassification is provided below as it is the only item that will lead to the disposal of land.

 

Lot 1 DP1004209 Fred Brain Avenue (EJ Biffin Field)

 

Council has recently approved an amendment to the Nambucca LEP 2010 for the provision of a Health Services Facility and the transfer of the land to the Mid North Coast Area Health. During the process Council negotiated with the Mid North Coast Area Health in relation to the design and layout of the facility to better relate to the use of the Council Open Space area and residue land.

 

As a result of the changes to the layout a small portion land required to be reclassified was not shown on the reclassification maps. Although the land to be rezoned and subdivided was all accurately exhibited, advice from NSW Planning indicated that in order to reclassify this land the reclassification map was required to be exhibited accurately.

 

The land subject to the above error is shown HATCHED on the south eastern edge of the map below, overlayed with the proposed facility. As can be seen in the figure the land is not required for the facility itself, but rather landscaping and a buffer to the open space area.

 

To rectify the error it was decided to proceed with the original EJ Biffin amendment as exhibited and incorporate this reclassification among these broader housekeeping reclassifications, thus avoiding additional public hearings and exhibition periods. This also allowed for the development consent for the facility to be released and construction to commence under legal contract.

 

 

 

Given no matters were raised through the exhibition process it is recommended Council proceed with the reclassification and forward the planning proposal to the Minister of Planning and Environment to be made.

 

 

CONSULTATION:

 

The appropriate amount of community consultation has be undertaken as per relevant legislation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

NIL

 

Social

 

NIL

 

Economic

 

NIL

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The disposal of part of EJ Biffin fields will be provide income to Council once settlement of the property is complete.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

30274/2014 - Planning Proposal LEP 2010 Amendment No 18 - Public Hearing Report

 

  


Ordinary Council Meeting - 30 October 2014

Planning Proposal LEP amendment no. 18 Reclassification of community land to operational land on Multiple Land Parcels - results of exhibition.

 





Ordinary Council Meeting                                                                                               30 October 2014

General Manager's Report

ITEM 9.5      SF1947            301014         Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 October to 22 October 2014

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

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).

 

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

 

Please note that there are no 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

2014/158

24/09/2014

Recreation Facility (Outdoor): Shooting Range

Lot 262 DP 755549, 132 Morans Road, Missabotti

Eight public submissions have been received – six oppose the proposal and two support it.

 

Opposing submissions

·    Extra traffic would be generated leading to increased dust levels and danger to wildlife.

·    Large area of the forest would need to be cleared, impacting on animal habitat

·    Noise from firearms – area is a natural amphitheatre – end of tranquillity for residents and fauna

·    Potential pollution to waterways and land

·    Would like whole area declared as a wildlife reserve and speed limit reduced on road.

·    All of Missabotti should be notified

·    Influx of armed strangers to the area a concern

·    Negative effect on real estate values

·    Area is not “free from fauna”

·    Property owner is not a local resident

·    Too many people will be using the shooting range

·    Road should be rectified before development is approved – two bad bends and inadequate road surface

·    Stock in the area will be disturbed

·    Will make properties more difficult to sell

·    Area is rural-residential therefore development is inappropriate

·    Once established it may be expanded.

 

Supporting submissions

·    Will make the area a major attraction for those who participate in this national sport

 

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1874            301014         Year End Financial Result & Statements – 30 June 2014

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

Pursuant to Section 418 and Section 419 of the Act, Council is required to present the audited Financial Statements and Auditor’s Reports to the public.

 

The Financial Statements for the year ended 30 June 2014, have been completed and the audit reports required by the provisions of Section 417 of the Local Government Act 1993 have been received and copies are attached. Council’s June Budget Review is also attached and discussed below.

 

The attached Audit Report under Section 417(2) and 417(3) provides an independent and comprehensive explanation of Council’s financial position and Mr Geoff Allen of Forsyths has advised that he will attend the public meeting to report on the Statements. 

 

The financial statements indicate Council’s financial position as at 30 June 2014 remaining sound. As Council is aware long term financial sustainability is still an issue with progression of Asset Management a critical function of Council to crystallise a view of future commitments and provide appropriate plans to manage these commitments effectively.

 

The Income Statement, Statement of Financial Position, Statement of Changes in Equity and Statement of Cash Flows consolidate the information contained in the notes to the accounts and provide the big picture of Council’s operations and financial position as at the 30 June and are attached for Council’s information along with the notes and schedules showing Council’s financial indicators. Copies of the Consolidated Financial Statements are available on Council’s website and hard copies can be provided upon request. 

 

Also attached is a copy of Council’s investments detailing external and internal restrictions for which the investments are held as at 30 June 2014.

 

 

 

Recommendation:

 

1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2014 be received.

 

2        That the list of revotes be approved and included as subvotes for 2014/15.

 

 

 

OPTIONS:

 

Presentation of the audited Financial Statements and Auditor’s Reports is a requirement under the Local Government Act 1993.

 

 

DISCUSSION:

 

Working Capital Results

 

Current Liquid Equity (CLE) represents Council’s ‘working funds’ account or Council’s short term uncommitted cash balance. The greater the level of CLE the more ability Council has to manage day to day and short term contingencies. At the 30 June after taking into account non cash operational items such as depreciation and employees leave liability the remaining surplus or deficit either increases or decreases CLE respectively. During a budget year CLE will fluctuate depending on blowouts or savings in expenditure, unplanned inclusions to the budget, and new, greater or less than estimated sources of income. Council’s General, Water Supplies and Sewerage Services funds CLE levels are solid and strong enough to deal with moderate unforeseen setbacks, cushioning the need for reactive alterations to the budget and service levels.

 

A summary of Current Liquid Equity is shown on page 1 of the circularised budget review document. A list of revotes and explanations commence page 2 of the Budget Review document and a review of the estimated results for 2013/14 is discussed below and explanations from responsible officers for items impacting the budget result by 5% and $10,000 are shown from pages 7 to 17. From page 18 actual totals and the variances for each budget review heading are shown.

 

 

Net Change in Working Capital as at 30 June 2014

 

General Fund:               The original 2013/14 budget forecast a net change in working capital of $28,800 deficit. Items revoted from 2012/13 amounted to $293,770. The balance of internal loans borrowed from current liquid equity was $507,600.

 

The estimated 30 June 2014 net change in working capital for the year 2013/14 (incorporating year ending reconciliations post budget review document) is a surplus of $956,409, which changes to a deficit of $475,791 after net revotes to 2014/15 of $467,000 and internal loans due of $965,200. Thus, an improvement in working capital of $325,579 and a surplus of $354,379 on the original budget.

 

Water Supplies:             The original 2013/14 budget forecast a net change in working capital of $5,100 surplus. Items revoted from 2012/13 amounted to $50,000.

 

The estimated 30 June 2014 net change in working capital for the year 2013/14 (incorporating year ending reconciliations post budget review document) is a surplus of $306,009, which changes to a surplus of $286,009 after net revotes to 2014/15 of $20,000. Thus, an improvement in working capital of $336,009 and a surplus of $330,909 on the original budget.

 

Sewerage Services:       The original 2013/14 budget forecast a net change in working capital of $1,400 deficit. There were no 2012/13 net revotes.

 

The estimated 30 June 2014 net change in working capital for the year 2013/14 (incorporating year ending reconciliations post budget review document) is a surplus of $665,390, which remains a surplus of $665,390 after net revotes to 2014/15 of $0. Thus, an improvement in working capital of $665,390 and a surplus of $666,790 on the original budget.

 

 

General Activities

 

Current Liquid Equity

 

At the 30 June 2014, the current liquid equity position for General, net of depreciation and employees leave liability provision is estimated as a surplus of $4,658,800. Allowing for net revotes of $467,000 and internal loans due of $965,200, the adjusted estimated position is $3,226,600 (Surplus).

 

General’s net current liquid equity position at the 30 June 2013, was a surplus of $2,901,021, therefore the estimated position has improved by $325,579.

 

Current Liquid Equity is healthy and estimated to be $1,700,000 above the minimum level as per Council’s policies.

 

 

Budget Review Result

 

The 2013/14 General Activities Budget was adopted with a $28,800 deficit.

 

At the September 2013 Budget Review the budget result was revised to a deficit of $189,800 a further decline of $161,000 on the original budget. The primary factor was the need to apply working funds, prior to approval from the RMS to undertake geotechnical investigations into two potential landslips totalling $182,000. Also, an increase of $37,000 in Corporate Services salaries was required to undertake work associated with Council’s Special Rate Variation application and also to fill a maternity leave absence, the, the contract estimate for the operation of the Aquatic Centre was also reduced by $32,000.

 

At the December 2013 Budget Review, Council’s budget position improved by $201,100 primarily through the forecast increase in unrestricted interest on investments of $237,000. A reduction of $51,000 in the Workers Compensation Premium was also included. An additional $71,000 for Legal Expenses associated with the Valla Quarry and Nambucca Skate Park was also required.

 

The March 2014 Budget Review saw a decline in working funds of $295,730. The major reasons were an increase for Street Lighting energy costs of $60,000 an additional allocation of $65,000 for the Gumma Reserve. Redundancy costs of $46,000 were also required as well as a net variance for plant operations of $38,000, and additional variances totalling $62,000 for Public Amenities and Urban Streets maintenance.

 

With the end of year result returning a handsome surplus, Council’s budget fortunes swung like pendulum throughout the year and the 4th quarter followed the trend of recent years. If Council was devoid of adequate working funds this phenomenon would create problematic cash issues. Notwithstanding, accurate budget calculation and analysis along with timeliness of budget variations is critical for Council’s financial planning.

 

As with last year, savings or additional revenues eventuated in a number of areas. A primary factor impacting on the result was the return to working funds of $330,000 for previously unapproved flood damage work and savings on committed work for 2009/10 & 2010/11 floods, also $141,000 subsidy raised as a debtor at 30 June for approved Riverside Drive geotechnical work and $150,000 in relation to works funded from loans. Council also achieved better than expected interest on investments of $184,000.

 

Savings or additional revenue also occurred via Councillor expenses ($27,000); administration building maintenance and office expenditure ($55,000); less insurance claims than normal ($25,000); information technology and software maintenance ($33,000), transfer from reserves of grant funds associated with Illegal Dumping on Aboriginal Land project completed in prior year ($50,000); no concrete processing costs required for other Waste waste site maintenance ($49,000); Jan/Feb. 2013 flood damage subsidy for Parks & Reserves ($39,000); Building Inspection Fees underestimated ($29,000); favourable weather conditions creating a saving in Urban Streets maintenance ($50,000); and, transfer from reserve of funds held for private works completed in previous year ($47,000).

 

Adverse items partly offsetting the above were, $43,000 overestimated for the Property Insurance Rebate, supervisory vehicle costs underestimated by $54,000, and, Street Lighting Costs underestimated $28,000. It should also be noted that $67,700 unspent on the Gumma Reserve Aerated Waste Water Treatment System was not shown as a revote with this budget review and a variance for this amount will be required for the September 2015 Budget Review.

 

Water Supplies

 

Current Liquid Equity

 

The current liquid equity position for Water Supplies, net of depreciation is estimated as a surplus of $2,309,500. Allowing for net revotes of $20,000, the adjusted estimated position is a $2,289,500 (Surplus).

 

Water Supplies’ net current liquid equity position at the 30 June 2013, was a surplus of $1,953,491, therefore the estimated position has improved by $336,009.

 

Current Liquid Equity levels remain strong at approximately $1,300,000 above the minimum level as per Council’s policy.

 

Budget Review Result

 

Council adopted a $5,100 surplus net change in working capital in the original budget.

 

A decline of $4,300 on the original budget was experienced with the September 2013 Budget Review.

 

The December review saw a further decline $50,800. The major reason for the decline was $96,000 associated with the higher interest rate than budgeted, on the $10m loan for the Off River Water Storage project (dam). Offsetting this variance to some extent was a reduction in Pump Station energy costs of $53,000.

 

An improvement of $132,800 was experienced for the March Budget Review. Additional grant funds of $61,000 to that budgeted for the Fluoride System upgrade were approved. A reduction to pumping station maintenance of $50,000 and an increased to unrestricted interest on investments of $32,000 were included due to the delay in commissioning the dam. Also, additional variances totalling $50,000 were required for unplanned mains maintenance and reservoir repair work respectively.

 

The improvement from the March quarter was impacted by a number of items. The delay in commissioning the dam also provided a saving in reservoir maintenance of $80,000, Filtration Plant maintenance was underspent $30,000 due to the lime not requiring top up so repairs could be made to silo, strategy studies costs were overestimated by $29,000, energy costs overestimated by $26,000 for pump stations and Plant Hire recovery income was underestimated by $64,000.

 

Sewerage Services

 

Current Liquid Equity

 

The current liquid equity position for Sewerage Services, net of depreciation is estimated as a surplus of $1,193,700. Allowing for net revotes of $0, the adjusted estimated position remains $1,193,700 (Surplus).

 

Sewerage’s net current liquid equity position at the 30 June 2013, was a surplus of $528,310, therefore the estimated position has improved by $665,390.

 

Current Liquid Equity levels have improved and are satisfactory at approximately $600,000 above the minimum level as per Council’s policy.

 

Budget Review Result

 

Council adopted a $1,400 deficit net change in working capital in the original budget.

 

An improvement of $35,000 was estimated at the September 2013 Budget Review primarily as a result of the postponement of telemetry work.

 

The December review saw a substantial improvement of $218,400. The deletion of the Bowraville Treatment Works – Constructed Wetland from the budget created a saving of $304,000. Offsetting this was a reduction in unrestricted investment revenue of $85,000. Also, issues with 12/13 billing arrangements required an additional $35,000 relating to Nambucca Heads Treatment Works energy costs.

 

A further improvement of $76,830 was experienced with the March Budget Review. A $45,000 expenditure reduction for the South Macksville Pump Station works was the major variance.

 

A number of items impacted on the 3rd to 4th quarter result. Council’s Treatment Plants registered combined savings of $88,000 mainly through overestimation of energy costs and maintenance completed in house. Pump Station maintenance was also down with a $105,000 saving reflected in energy costs due to reduced pump hours as a result of dry weather. Work planned for the Bowraville STP Constructed Wetland was not required producing a saving of $45,800.

 

Operating Result

 

The Income Statement shows a consolidated operating surplus for the year of $5,806,000 compared to a surplus of $6,393,000 the previous year. Council’s operating result before capital grants and contributions is a deficit of $4,076,000.

 

For Council’s category 1 business activities Water Supplies and Sewerage Service, the continuing operations result for the year after imputation of tax equivalents is a surplus of $8,708,000 and a deficit of $214,000 respectively.

 

The operating results distinguish from the Working Capital Result figures as they do not include capital expenditure and include non cash items of depreciation, fair value adjustments and increase in employees leave entitlement liability. In addition, the results do not recognise the transfers to and from restricted assets, or items revoted to 2014/15.

 

 

Total Equity

 

Council’s Total Equity or Net Assets increased to $327,613,000 from the $317,568,000 held as at 30 June 2013. The increase again was influenced primarily by an increase in infrastructure assets reflecting the work on the Off-Stream Water Storage project. The Statement of Financial Position lists the items that make up this equity and the Statement of Changes in Equity shows the increase from 2012/13 to 2013/14.

 

 

Performance Indicators

 

Note 13 of the Financial Statements provides Local Government Industry Indicators. These indicators have been revamped and now align with the Performance Measures utilised by TCorp.

 

The Operating Performance Ratio is aimed to assess Council’s ability to meet operating expenditure through its operating revenue. Logically an ongoing average ratio of >0% would be required to prove sustainability. This indicator though focuses on operating performance where capital grants are excluded and non-cash expenditure items, in particular, depreciation are taken into account. The indicator perceives that Council has not contained its operating expenditure for the past three years. It should be pointed out that depreciation emanating from the magnitude of infrastructure assets has a significant impact on this ratio and before any definite conclusions can be drawn, Council needs to have thorough and verified asset management plans in place that will determine reliable asset consumption figures and develop processes to address any back log maintenance and renewal.  IPART, in the review of criteria for fit for the future requested by the OLG, have recommended that the benchmark be revised to allow for small deficits and an upper cap along with a reasonable period for accomplishment. As mentioned earlier, Council is sufficiently resourced with working funds to deal with day to day cash commitments and unforeseen setbacks.

 

Own Source Operating Revenue measures how much financial flexibility Council has through the non-reliance of external funding sources.  The local government benchmark designated by the OLG is >60%. Council is now in line with this benchmark which indicates that Council is not hamstrung in financing planned expenditure. There may be future amendments to this ratio as IPART has some reservations on its present form to necessarily provide reliable information for financial sustainability and consistency across councils and recommend that additional defining of the inputs of the ratio occurs.

 

The Unrestricted Current Ratio is the financial indicator that is the truest of the indicators reflecting Council’s working funds position. The industry benchmark is 1.5:1. Council’s ratio confirms its strong working funds position.

 

In terms of debt affordability Council previously reported a Debt Service Ratio, this has now been replaced (although IPART recommend that it return as well) by a similar indicator called Debt Service Cover Ratio which highlights the magnitude of available cash being utilised to service debt. The OLG’s benchmark is set at 200%. Council’s current ratio is under the benchmark, but consideration needs to be made to both Water & Sewerage funds where recent major loans have been drawn down and that the repayment of these loans are scheduled in each of the funds’ long term financial plans.

 

Rates, Annual Charges, Interest & Extra Charges Outstanding Percentage indicator assesses the impact of uncollected rates and charges on liquidity and the adequacy of recovery efforts. The low percentage confirms Council’s thorough debt recovery process and the minor impact on liquidity.

 

The Cash Expense Cover Ratio is another liquidity measure and shows the number of months Council can continue paying immediate expenses without cash inflows. The OLG’s benchmark is 3 months. The reported ratio highlights Council’s strong liquidity position. It should be noted that this strength is primarily a result of healthy reserves that are set aside for future projects particularly those in Water & Sewerage funds.

 

 

Infrastructure Asset Perfomance Indicators

 

This year Special Schedule 7 includes indicators designed to provide a measure on Council’s management of its infrastructure assets.

 

The Building and Infrastructure Renewals Ratio, previously reported as Asset Renewal Ratio reflects the extent to which council is preserving the condition of its building and infrastructure assets or the capital renewal capacity of council i.e. the amount of funds spent on renewing building and infrastructure assets (as opposed to maintaining them). TCorp considers a ratio of 100% as acceptable. The actual ratio is well down on this figure.  As mentioned in previous years, these indicators continue to demonstrate the criticalness of Council’s asset management situation. IPART recommend that the ratio be averaged over 3 years to allow councils a reasonable period to meet the criteria and to be responsiveness to emerging expenditure trends.

 

Infrastructure Backlog Ratio highlights the accumulation of outstanding infrastructure spending required to bring infrastructure assets up to a satisfactory condition. At present, without proven asset management plan data these figures are generally judgemental flowing from the perceived condition of the assets and what correlates to a satisfactory condition. IPART believe this ratio should be audited to provide consistent reporting requirements for all councils.

 

Supplementing the above indicator is the Asset Maintenance Ratio that highlights the percentage of actual to required maintenance. Anything below 100% reflects deterioration in the condition of Council’s assets. Similar caution should also be applied to conclusions from this indicator in the absence of established asset management plans.

 

The Capital Expenditure Ratio expresses the growth of Council’s assets for the year. The benefit over time of this indicator is to show whether Council is over or under capitalising in terms of providing an appropriate level of infrastructure for the community.

 

 

Revotes Of Expenditure

 

This indicator is not a requirement for disclosure in the Financial Statements but is considered important to illustrate how well Council is planning and utilising its resources. Re-votes at year end are the commitments of expenditure that were not carried out during the budget year.

 

The ratio is intended to highlight the effectiveness of planning and the co-ordination of resources in terms of meeting project objectives in Council’s operational plan and delivery program.

 

The measure used to indicate this level is the percentage of expenditure re-votes to the total ordinary and capital expenditure of Council for the year. It should be noted that to prevent a distortion of the ratio expenditure relating to the Water Storage and Nambucca Augmentation projects have been excluded.

 

 

Year

Total Expenditure Re-Votes

Ordinary & Capital Expenditure

 

Ratio

 

2013/2014

$1,155,400

$42,404,000

2.7%

2012/2013

$1,009,400

$43,472,000

2.3%

2011/2012

$4,285,000

$41,932,000

10.2%

 

 

 

 

2010/2011

$3,504,000

8.8%

 

$39,955,000

 

 

 

 

2009/2010

$3,660,100

9.4%

 

$38,912,000

 

 

 

 

2008/2009

$4,338,100

12.2%

 

$35,596,000

 

 

 

 

2007/2008

$3,645,900

12.1%

 

$30,203,000

 

 

 

It is again pleasing to see that in spite of the extensive flood damage works required throughout the year the ratio has remained low and below the industry benchmark of 5%. Notwithstanding the favourable weather conditions experienced, Council appears to be on track in managing its commitments to expenditure well.

 

In conclusion, the above financial indicators and the forecast outlook associated with Council’s Operational Plan, Delivery Program and Long Term Financial Plan information, once again confirm the need for a strategic approach to asset management for long term financial sustainability. Council’s short to medium term financial strength allows the confidence to progress on this strategic path and, coupled with the efficient utilisation of resources, an improvement to the long term financial sustainability outlook can be achieved.

 

CONSULTATION:

 

Accountant
Budget item responsible officers

Local Government Act 1993

Local Government (General) Regulation 2005

Local Government Code of Accounting Practice and Financial Reporting

Local Government Asset Accounting Manual

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.


Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               30 October 2014

Corporate Services

ITEM 10.2    SF251              301014         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

 

Recommendation:

 

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

 

 

 

MEETING

DATE

VENUE

COMMENCING

Access Committee

28/10/2014

Council Chambers

2.00 PM

Nambucca River Estuary Creek & Coastline M’ment

30/10/2014

Council Chambers

8.30 AM

Ordinary Council Meeting

30/10/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

05/11/2014

Council Chambers

10.45 AM

Ordinary Council Meeting

13/11/2014

Council Chambers

5.30 PM

Access Committee

25/11/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/11/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

11/12/2014

Council Chambers

5.30 PM

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

15/01/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

29/01/2015

Council Chambers

5.30 PM

Access Committee

24/02/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

12/02/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

26/02/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

12/03/2015

Council Chambers

5.30 PM

Access Committee

24/03/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

26/03/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

16/04/2015

Council Chambers

5.30 PM

Access Committee

28/04/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

30/04/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

14/05/2015

Council Chambers

5.30 PM

Access Committee

26/05/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

28/05/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

11/06/2015

Council Chambers

5.30 PM

Access Committee

23/06 /2015

Council Chambers

2.00 PM

Ordinary Council Meeting

25/06/2015

Council Chambers

5.30 PM

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Corporate Services Report

ITEM 10.3    SF330              301014         North Macksville Plying Fields (Soccer Club) - Minutes of Annual General Meeting - 8 September 2014

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the North Macksville Playing Fields Committee of Management and the new Committee.  A copy of the Minutes of this meeting, which was conducted on 8 September 2014, is attached.

 

 

 

Recommendation:

 

That Council endorse minutes of the Committee of Management for the North Macksville Playing Fields Annual General Meeting held on 8 September 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 AGM of the North Macksville Playing Fields Committee of Management was held on Monday 8 September 2014.

 

The new office bearers for the Committee for 2014/15 are:

 

President:                       Andrew Moran

Vice President:                Brody Moran

Secretary:                       Harry Mitchell

Treasurer:                        Greg Wood

 

 

CONSULTATION:

 

There has been no consultation preparing this report.

 

 

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

31125/2014 - Minutes of AGM - 8 September 2014

 

 

 


Ordinary Council Meeting - 30 October 2014

North Macksville Plying Fields (Soccer Club) - Minutes of Annual General Meeting - 8 September 2014

 

 


Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF869              301014         Public Lighting Forum 24 September 2014

 

AUTHOR/ENQUIRIES:    Clint Fitzsummons, Manager Assets         

 

Summary:

 

A Public Lighting Forum meeting was held by Essential Energy at the Holiday Inn, Sydney Airport on the 24 September 2014.  The agenda, minutes and presentations were forwarded to all of Essential Energy’s Local Government customers.

 

 

Recommendation:

 

That Council receive and note the information.

 

 

OPTIONS:

 

No other options, as this report is for information only.

 

 

DISCUSSION:

 

The Public Street Lighting Forum meeting was held on 24 September with representatives from Essential Energy, Australian Energy Regulator and a number of Council’s both in person and by telephone conference.  There were presentations by Gary Humphreys (Chief Operating Officer Essential Energy), Peter Halyburton (Energy & Management Services Managing Director) and Craig Madden (Director – Network Regulation, Australian Energy Regulator (AER)). Gary Humphreys and Peter Halyburton presentations are attached.

 

A number of discussions were undertaken on cost, ownership, contestable works, maintenance, inspections, spot failure reporting, LED lighting, and new technology. Of these, LED lighting is being trialled and it is expected that an LED light will be available in Essential Energy’s catalogue by April 2015.

 

One of the proposals put forward was the establishment of a ‘Streetlighting Consultative Committee’. Essential Energy has commenced foundation work on establishing the framework for such a group. More details will become available in the coming weeks. This committee should open up communications between Essential Energy and Local Governments and improve decision making in a complicated business environment.

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A move to more sustainable technologies will reduce greenhouse gas emissions

 

Social

 

Street lighting provides safety within the urban environment at night

 

Economic

 

The pricing proposal will see an increase over the next few years. The exact amount to Nambucca Shire Council is not known as yet. Savings may be achieved with new technologies but these will need to be investigated thoroughly.

 

Risk

 

A transition to new technologies may not provide the savings expected.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It is expected that there will be an impact on future budgets. The exact amount is not known at this stage.

 

Source of fund and any variance to working funds

 

Street lighting budget will need to be reviewed each year.

 

Service level changes and resourcing/staff implications

 

No change, management of street lights to be undertaken with existing staff.

 

Attachments:

1

30273/2014 - Public Lighting Forum_Agenda 24 September 2014

 

2

30275/2014 - Council streetlight forum_230914

 

3

30276/2014 - Public Lighting Submission Sept 2014 - Peter Halyburton, Energy & Management Services

 

4

30277/2014 - Public Lighting Forum_Minutes_FINAL021014

 

  


Ordinary Council Meeting - 30 October 2014

Public Lighting Forum 24 September 2014

 


Ordinary Council Meeting - 30 October 2014

Public Lighting Forum 24 September 2014

 

































Ordinary Council Meeting - 30 October 2014

Public Lighting Forum 24 September 2014

 







Ordinary Council Meeting - 30 October 2014

Public Lighting Forum 24 September 2014

 















Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    SF565              301014         Application for Temporary Road Closure -  Nambucca River Festival on 29 and 30 November 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request for temporary road closures in Macksville from The Rotary Club of Macksville and Nambucca Heads to conduct the Nambucca River Festival.

 

 

Recommendation:

 

1        That Council approve a request from The Rotary Club of Macksville and Nambucca Heads to conduct the Nambucca River Festival, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

         

2        That Council endorse road closures for the Nambucca River Festival to be held between 9.00am and 5.30pm 29 November 2014 and 9.00am and 3.00pm 30 November 2014 as follows:

 

·      McKay Street Car Park – 7.00am on 28 November 2014 to 12 noon on 1 December 2014;

·      Princess Street – McKay Street to River Street - 5.00pm on 28 November 2014 to 10.00am on 1 December 2014;

·      River Street – West of Pacific Highway - East bound lane only 10.00am on 28 November 2014 to 12 noon on 1 December 2014.  Both lanes 6.00am on 29 November 2014 to 3pm on 30 November 2014;

·      River Street - East of Pacific Highway to Willis Street - 6.00am on 29 November 2014 to 3.00pm on 30 November 2014; and

·    Wallace Lane – 6.00am on 29 November 2014 to 3.00pm on 30 November 2014.

 

 

OPTIONS:

 

Refuse the application for road closures.

 

 

DISCUSSION:

 

The event will be bounded by the intersection of River Street and Willis Street in the East and the intersection of Princess and McKay Streets in the west. Wallace Lane is also to be closed, as is the council owned car park west off River Street.

 

The Nambucca River Festival was held last year and was deemed a success without major incident.

 

The request for the road closures was forwarded to the Local Traffic Committee members for concurrence

 

 

CONSULTATION:

 

Roads and Maritime Services

NSW Police

Nambucca Shire Local Traffic Committee

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The festival provides for an enjoyable event for the local community and visitors

 

Economic

 

The event contributes significantly to the local economy

 

Risk

 

There is minimal risk to road users as police and traffic controllers will be at the event.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is 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 is no impact other than administration.

 

Attachments:

1

25052/2014 - Completed Application Form - Activities and Events on Roads for River Festival 2014

 

  


Ordinary Council Meeting                                                                                               30 October 2014







Assistant General Manager Engineering Services Report

ITEM 11.3    SF565              301014         Application for Temporary Road Closures - Macksville Gift Procession on 8 November 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request for temporary road closures in Macksville from the Macksville Gift Procession Committee of Management to conduct the Macksville Gift Procession.

 

 

Recommendation:

 

1        That Council approve a request from Macksville Gift Procession Committee of Management  to conduct Macksville Gift Procession, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance;

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

·      Police and Roads and Maritime Services approval for the road closures, and

·      Road Occupancy Licence for the Pacific Highway closure.

 

2        That Council endorse road closures for the Macksville Gift Procession to be held between 5.00pm and 5.30pm on 8 November 2014 as follows:

 

·      Wallace Street - Station Street to Cooper Street;

·      Matilda Street - Station Street to Wallace Street; and

·    Cooper Street - Wallace Street to Boundary Street.

 

 

OPTIONS:

 

Refuse the application for road closures.

 

DISCUSSION:

 

The Macksville Gift Procession is held annually and there have been no incidents in previous years due to the procession.

 

The request for the road closures was forwarded to the Local Traffic Committee members for consideration in lieu of holding a special meeting for one agenda item.

 

CONSULTATION:

 

Roads and Maritime Services

NSW Police

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The procession provides for an enjoyable event for the local community.

 

 

Economic

 

This event contributes to the local economy in an indirect way.

 

Risk

 

There is minimal risk to road users as police and traffic controllers will be at the event.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets. Council has made provision within the 2014/2015 budget for advertising road closure events.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact other than administration.

 

Attachments:

1

29164/2014 - Application for activity on Road -  Macksville Gift Procession on 8 November 2014

 

  


Ordinary Council Meeting - 30 October 2014

Application for Temporary Road Closures - Macksville Gift Procession on 8 November 2014

 












Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Engineering Services Report

ITEM 11.4    RF412              301014         Realignment, opening and closure of Taylors Arm Road Upper Taylors Arm affecting Lots 35 and 66 in DP755547

 

AUTHOR/ENQUIRIES:    Nigel Petersen, Surveyor         

 

Summary:

 

During the redefinition of Argues Road, as resolved by Council at their meeting on 14 August 2013, attached, it was uncovered that a 1km section of Taylors Arm Road immediately to the East of the intersection with Argues Road also needed realignment as the pavement was encroaching onto private property.

 

The section of Taylors Arm Road affects land owned by Mr P J Argue and Mr TS and Mrs JA Donnelly being Lots 35 and 66 in DP 755547.

 

The attached plan details the schedule of lots affected by the proposed road opening being proposed Lots 1 - 6 shown in BLUE and road closing proposed Lots 7 - 9 shown in RED.

 

 

Recommendation:

 

1        That Council agree to the Re-alignment of Taylors Arm Road from the Intersection with Argues road to approximately 1 kilometre to the East where the Road Reserve aligns itself again with the Road Pavement under road opening and closure as shown on the plan attached to this report (subject to survey) provided that:

 

a    Consent from all owners has been received and an agreement entered into with Council undertaking by way of land swap of land to be resumed for road and that to be closed be transferred to the adjoining property owner at NIL expense to the adjoining property owners.

 

2        That Council open a road of minimum width 20 metres and variable in parts, over the sections of the formation of Taylors Arm Road from Argues Road for a distance of approximately 1 kilometre to the East which encroaches upon land owned by Mr PJ Argue & Mr TS and Mrs JA Donnelly and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

 

3        That Council carry out the Road realignment survey concurrently on the same plan to minimise costs attributed to this work.

 

4        That Council allocate an amount of $6000 from working funds to cover the expense required for the road opening, survey, legal, valuation and Council fees associated the realignment of Taylors Arm Road from the intersection with Argues Road to approximately 1 kilometre east of the intersection.

 

 

OPTIONS:

 

Council can refuse to agree to the road realignment but that would cause funding for the replacement of Argues Bridge to be solely borne by Council as the bridge is not currently within the dedicated road reserve.

 

Council may choose not to open a road over the encroaching formations but properties serviced by these roads would then not have legal access.

 

 

DISCUSSION:

 

Taylors Arm Road from Taylors Arm to the existing end of bitumen is a Council Road currently Category 3.

 

Discussions with Mr PJ Argue revealed that he is happy for the road opening to proceed and he indicated that he would not be seeking compensation.

 

Mr TS & Mrs JA Donnelly has been contacted but to date no reply has been received.

 

 

CONSULTATION:

 

Mr PJ Argue

Mr TS & Mrs JA Donnelly

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no perceivable environmental impacts.

 

Social

 

Not applicable

 

Economic

 

See above

 

Risk

 

There are liability considerations for Mr PJ Argue and Mr TS and Mrs JA Donnelly if an accident occurs on road that is within private property.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Acquisition costs including final Survey including plan registration, gazettal, legal and compensation (if any) are estimated to be in the order of $ 6,000.

 

No additional effect on the impact on future budgets is anticipated as Council currently maintains this road under its maintenance grading program.

 

Source of fund and any variance to working funds

 

Additional working funds will be required for the acquisition of the road.

 

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

19945/2013 - MINUTE Closure and realignment of Argues Road and part of Higginbotham Road Upper Taylors Arm (Council - 14/08/2013)

 

2

30083/2014 - Plan of Taylors Arm Road Proposed Road Resumption A4 - from Argues Road to 1 km East for owners consideration and agreement

 

  


Ordinary Council Meeting - 30 October 2014

Realignment, opening and closure of Taylors Arm Road Upper Taylors Arm affecting Lots 35 and 66 in DP755547

 

 

For Action

Council

14/08/2013

TO: Surveyor (Phillip Smith)

 

                                                                                                                                                                

 

Subject:

Closure and realignment of Argues Road and part of Higginbotham Road Upper Taylors Arm

Target Date:

28/08/2013

Notes:

 

Trim Reference

RF266 (18781/2013)

                                                                                                                                                                    

38/13 Resolved: (Finlayson/Ainsworth)

 

1        That Council agree to the realignment of Argues Road from Taylors Arm Road to Carson’s Road and part of Higginbotham Road until the common boundary of Lot 28 in DP 755547 and Lot 3 in DP 661822 under road opening and closure as shown on the plan attached to this report (TRIM Ref: 18771/2013), subject to survey, provided that:

 

a)     Consent is received from all land owners;

 

b)     An agreement be entered into between the land owners and Council for;

 

i)          Nil compensation for land that is to be resumed for road purposes for the land that is to be closed and transferred to the adjoining property owner; and

 

ii)         Nil expense to the adjoining property owners for the survey, legal, valuation and Council fees.

 

2        That Council open a road 20 metres wide over the parts of the formation of Argues Road from Taylors Arm Road to Carson’s Road which encroaches upon land owned by Mr J B and Mrs P Z Argue, Mr A M Laverty and the land owned by Mr P J Argue and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

 

3        That Council open a road 20 metres wide over the parts of the formation of Higginbotham  Road from intersection with Argues Road to common boundary between Lot 28 in DP 755547 and Lot 33 in DP 661822 which encroaches upon land owned by Mr J B and Mrs P Z Argue and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

 

4        That Council carry out the road realignment survey concurrently on the same plan to minimise costs attributed to this work.

 

5        That Council amend the Road Asset Register once all works are finalised.

 

6        That Council classify the section of road as a Category 4 under Council’s Road Hierarchy plan once all works are finalised.

 

 

 Open Item in Minutes                                                                                                                                

 

This action sheet has been automatically produced by the Minute Secretary using InfoCouncil, the agenda and minutes database.

Please forward updated action sheet to the Governance Unit (by email or hard copy post) once completed.

 

 
 

 

 

 



Ordinary Council Meeting - 30 October 2014

Realignment, opening and closure of Taylors Arm Road Upper Taylors Arm affecting Lots 35 and 66 in DP755547

 


Ordinary Council Meeting                                                                                               30 October 2014

Assistant General Manager Engineering Services Report

ITEM 11.5    SF453              301014         Waste Management Quarterly Report July - September 2014

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer         

 

Summary:

 

Council resolved to receive a quarterly report on the status of waste management issues for the Nambucca Shire and this report covers the period July to September 2014.

 

 

Recommendation:

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period July – September 2014.

 

2        That Council endorse the Better Waste and Recycling Fund for the period 2013-14 / 2014-15 as approved by the EPA.

 

 

OPTIONS:

 

For information only

 

 

DISCUSSION:

 

CCWS Kerbside Waste Collection Services

 

Kerbside collections for the last quarter being 1 July to 30 September 2014 across the Coffs Coast region indicated the hotline received a total of 2368 calls during the period for the whole regional area.

 

Nambucca Shire had a total of 8100 properties receiving a waste collection service, 21 new services were implemented with repairs/damaged or stolen bins totalling 34. A total of 2,112.90 tonnes of kerbside and transfer station materials were collected and transported for reprocessing at the Coffs Coast Resource Recovery Park from the Nambucca Shire.

 

Kerbside bulky goods collections were not scheduled for the Nambucca Shire during the last quarter. However the last collection date from the previous quarter being the 30 June saw these materials collected and received at Nambucca Landfill for disposal.  

 

The table below reflects Nambucca Shire’s waste streams and tonnages over the last quarter:

 

Waste Stream

Source

Tonnes

Destination

Co-mingled recycling

Kerbside

435.08

CCWS Recycling Facility

Greenwaste organics

Kerbside

687.10

CCWS Biomass Facility

Mixed waste

Kerbside

765.80

CCWS Biomass Facility

Bulky goods

Kerbside

19.30

Nambucca Landfill

Reject & residual

Kerbside

253.40

Coffs Harbour Landfill

Co-mingled recycling

Transfer station

66.52

CCWS Recycling Facility

Greenwaste organics

Transfer station

50.66

CCWS Biomass Facility

Mixed waste

Transfer station

56.26

CCWS Biomass Facility

Batteries

Transfer station

0.98

Matthews Metal Management

Scrap metal

Transfer station

0

Matthews Metal Management

Gas bottles (kg’s)

Transfer station

251.50

Transpacific Industries

Hazardous chemicals (kg’s)

Transfer station

1196

Transpacific Industries

Motor oil (lts)

Transfer station

0

Australian Waste Oil

Chemical containers (farm drums)

Transfer station

0

Drum Muster

Concrete & masonry

Transfer station

48.82

Reprocessing at Nambucca Landfill

E-waste

Self Hauled

4.115

Matthews Metal Management

Asbestos

Self Hauled

1.42

Nambucca Landfill

Biosolids (grit)

Self Hauled

17.06

Nambucca Landfill

Building demolition

Self Hauled

481.42

Nambucca Landfill

Clean fill

Self Hauled

25.66

Nambucca Landfill (daily cover)

Commercial domestic waste

Self Hauled

0

CCWS Biomass Facility

Commercial building waste

Self Hauled

105.18

Nambucca Landfill

Dead animals (small)

Self Hauled

0.46

Nambucca Landfill

 

The table below reflects the successful charities that applied under Councils Donations Policy and the disposal tonnages from each organisation for the last quarter.

 

Charitable Organisation

Source

Tonnes

Destination

Charity Anglican Opp Shop

Self Hauled

1.36

Nambucca Landfill

Charity Anglican Parish

Self Hauled

2.04

Nambucca Landfill

Charity Camp Quality

Self Hauled

2.96

Nambucca Landfill

Charity Care & Ware

Self Hauled

4.28

Nambucca Landfill

Men’s Shed Nambucca

Self Hauled

0.22

Nambucca Landfill

Charity Salvation Army

Self Hauled

8.08

Nambucca Landfill

 

Total

18.94

 

 

The kerbside contamination program continued throughout the quarter with some properties in the following areas identified in the table below having contamination warnings issued:

 

Date

Address

Suburb

Bin

Offence No

Comment

01.07.2014

High Street

Nambucca Heads

Green

1st

Contaminated

01.07.2014

Raleigh Street

Nambucca Heads

Green

1st

Contaminated

03.07.2014

Willis Street

Macksville

Green

1st

Contaminated

14.07.2014

Dickson Street

Nambucca Heads

Green

1st

Contaminated

15.07.2014

Doncaster Place

Nambucca Heads

Green

1st

Contaminated

21.07.2014

Willis Street

Macksville

Green

1st

Overweight

28.07.2014

Knight Close

Nambucca Heads

Green

1st

Contaminated

29.07.2014

Banyandah Road

Hyland Park

Green

1st

Contaminated

04.08.2014

Fred Brain Avenue

Nambucca Heads

Green

1st

Contaminated

04.08.2014

Seaview Street

Nambucca Heads

Green

1st

Contaminated

05.08.2014

Liston Street

Nambucca Heads

Yellow

1st

Contaminated

05.08.2014

Bent Street

Nambucca Heads

Green

1st

Contaminated

05.08.2014

Seaview Street

Nambucca Heads

Green

1st

Contaminated

05.08.2014

West Street

Nambucca Heads

Green

1st

Contaminated

08.08.2014

Bank Street

Nambucca Heads

Yellow

1st

Contaminated

12.08.2014

Curlew Street

Nambucca Heads

Green

1st

Contaminated

26.08.2014

Bellwood Drive

Nambucca Heads

Green

1st

Contaminated

26.08.2014

Pacey Street

Nambucca Heads

Green

1st

Contaminated

01.09.2014

Waugh Avenue

Nambucca Heads

Green

1st

Contaminated

09.09.2014

Palmer Street

Nambucca Heads

Green

1st

Contaminated

15.09.2014

Hibiscus Crescent

Nambucca Heads

Green

2nd

Contaminated

16.09.2014

Palmer Street

Nambucca Heads

Green

1st

Contaminated

22.09.2014

Bank Street

Nambucca Heads

Green

1st

Contaminated

22.09.2014

Centenary Parade

Nambucca Heads

Green

1st

Contaminated

22.09.2014

Piggott Street

Nambucca Heads

Green

1st

Contaminated

23.09.2014

Excelsior Street

Nambucca Heads

Green

1st

Contaminated

23.09.2014

Lee Street

Nambucca Heads

Green

1st

Contaminated

23.09.2014

Mann Street

Nambucca Heads

Green

1st

Contaminated

29.09.2014

Pelican Crescent

Nambucca Heads

Green

1st

Contaminated

30.09.2014

Allison Road

Hyland Park

Green

1st

Contaminated

30.09.2014

Cedar Close

Nambucca Heads

Green

1st

Contaminated

30.09.2014

High Street

Nambucca Heads

Green

1st

Contaminated

30.09.2014

Julie Ann Court

Hyland Park

Green

1st

Contaminated

30.09.2014

Loftus Street

Nambucca Heads

Green

1st

Contaminated

30.09.2014

Sanctuary Place

Hyland Park

Green

1st

Contaminated

 

CCWS Materials Recovery Facility

 

The table below reflects the Coffs Coast regional recycling tonnages processed through the Materials Recovery Facility (MRF) during the quarter at Coffs Coast Resource Recovery Park. Contamination levels range seasonally between 4% and 9% and ongoing current markets for recovered glass fines are still being developed:

 

Tonnes Processed

Usable Product

Total Waste

Glass Waste

Days of Operation

3,541.42

3,241.30

300.12

61.58

65

 

CCWS Educational Activities

 

The tables below reflect the Coffs Coast Waste Services educational activities carried out during the last quarter:

 

Education

 

Month

School or Group

No’s Attending

July 2014

Bishop Druitt (Junior School)

350

 

Bishop Druitt (Senior School)

800

August 2014

John Paul College Year 10

100

September 2014

St Francis Xavier Primary School

40

 

Mission Australia

12

 

Woolgoolga Primary School

52

 

Media Releases

 

Month

Source

Method

July 2014

CCWS

Website / Social Media

August 2014

CCWS

Website / Social Media

September 2014

CCWS

Website / Social Media

 

Website

 

Month

Visits

Social Media

July 2014

1851

514 likes

August 2014

2011

514 likes

September 2014

1955

511 likes

 

 

CCWS – Education Strategy

 

CCWS have identified the following education and promotion strategies to date for Nambucca Shire being rolled out during the 2014/15 financial year.

 

Projects Identified

Status

Mail out - Waste Collection Calendars

Information packs were mailed out to residents late June 2014.

Mail Out – CCWS Survey

Survey mailed out to residents in late June 2014 with 3268 responses returned. The full survey report is attached.

Clothing Collection Trial

Trial collection of bagged clothing being placed in the recycle bin undertaken in October / November to part of the Valla Beach area. Suitable items then provided to local Opportunity Shops.

NSW Waste Less Recycle More Funding

Bintrim is being rolled out by CCWS where representatives approach local businesses to discuss their waste management options and can provide recycling upgrades free of charge where suitable.

Community Education Tours

Develop a program to and assist with advertising, coordination and transportation for interested community / school groups to undertake education tours through the materials recovery facility (MRF).

Contamination Bin Buster Program

Program ongoing with a “three strikes you’re out” policy within a six monthly period.

360 Litre Recycling Bin Promotion

Promote and advertise the option to domestic properties to upgrade their recycling bin for an annual fee where suitable.

Online Waste Reporting

Development of online system where data is imputed monthly and available to Nambucca Council.

CCWS Help Desk

Development of online system for lodging of complaints and issues.

Media and Promotions

Ongoing media / promotions of current events through local papers and social media sites.

Website Landing Pages

Design and launch of Nambucca Councils specific web landing page in the CCWS website.

2014 Recycling Week

Ongoing promotion of recycling week during November 2014.

Tourism Accommodation Trial

Development of best practice waste management for Tourism accommodation.

 

NSW Waste Avoidance and Resource Recovery Strategy

 

The NSW Waste Avoidance and Resource Recovery Strategy (WARR) was developed by State Government to provide direction for local councils to reduce waste generated, optimise the recovery of usable resources from waste and manage the disposal of residual waste in an environmentally responsible way in the following waste streams:

 

Municipal Solid Waste (MSW) – the solid component of the waste stream arising from household waste placed at the kerbside for Council collection and waste collected by Council from municipal parks and gardens, street sweepings, Council engineering works and public Council bins.

 

Commercial and Industrial Waste (C&I) – Inert, solid or industrial generated by business and industries (shopping centres, restaurants, office warehousing, manufacturing, repair workshops retail outlets, hotels and clubs) along with institutions (schools, hospitals, universities, nursing homes and government offices).

 

Construction and Demolition (C&D) – materials in the waste stream which arise from construction, refurbishment, demolition and excavation activities.

 

The table below identifies the NSW ambitious targets set in 2003 for each of the waste streams identified above and the status of Nambucca’s compliance during the last quarter:

 

Waste Stream

NSW Target

Landfilled

Tonnes

Diverted

Tonnes

Diversion

%

Municipal (MSW)

66% recovery by 2014

289.76

1893.07

86.5

Commercial  Industrial (C&I)

63% recovery by 2014

457.02

173.44

27.5

Construction Demolition (C&D)

76% recovery by 2014

482.84

74.48

13.5

 

Environment Protection Authority (EPA) Grant Funding

 

The table below identifies the approved programs by the EPA under the Better Waste and Recycling Fund for the 2013-14 and 2014-15 financial years.

 

Project

Description

Key Result Area

Funding Allocation

Support business recycling by upgrading to 360lt MGB’s (mobile garbage bins)

CCWS Councils and its Contractor to provide small businesses an opportunity to  upgrade their recycling service to improve recovery rates 

Increase recycling and diversion from landfill

$15,000.00

Domestic MGB audits

CCWS Councils to undertake EPA compliant audits of the residual mixed waste, organics and recycling streams

Supporting better practice

$9,500.00

Bulky goods community survey

CCWS Councils to consult with their communities as to how best deliver this service for the next regional waste collection contract

Supporting better practice

$9,500.00

Alternate landfill daily cover

Reduce demand on VENM (virgin excavated natural material) to cover waste daily by purchasing reusable alternate daily cover items

Avoid and/or reduce waste generation

$41,000.00

Transfer station upgrade

Facility upgrade will include roof and sides to weather proof the sorting area to encourage correct use of the facility to increase source separation of waste materials

Supporting better practice

$110,000.00

 

 

CONSULTATION:

 

Handybin Waste Services

Environment Protection Authority

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

All kerbside waste materials are collected and reprocessed through the materials recycling facility and the biomass plant with only the reject and residual materials being landfilled. Self hauled wastes are sourced separated and recycled or landfilled accordingly.

 

Social

 

Potential increased costs.

 

Economic

 

Potential increases in the domestic waste management charge and landfill gate fees.

 

Risk

 

No identifiable risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Potential increases in the garbage service and landfill gate fees per year.

 

Source of fund and any variance to working funds

 

Additional income will need to be sourced from the annual domestic waste management charge.

 

Service level changes and resourcing/staff implications

 

No identifiable changes or implications at this point.

 

 

Attachments:

1

30517/2014 - Report Attachment - Final Survey Report Coffs Coast Waste Services 2014

 

  


Ordinary Council Meeting - 30 October 2014

Waste Management Quarterly Report July - September 2014