NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

13 November 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 - 13 November 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 - 30 October 2014................................................................................. 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 14

9.2     NSW Government Response to the "Inquiry into the 2012 Local Government Elections"..... 21

9.3     Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate.. 24

9.4     Changes to the Organisation Structure............................................................................. 35

9.5     Rates Dispute - Mr N & Mrs J Sheather & Mr B McIlwain - Sale Contracts for Partial Acquistions for the Pacific Highway Upgrade................................................................................................ 38

9.6     New Flying Fox Management Strategy............................................................................. 42

9.7     Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 October to 5 November 2014.............................................................................. 70

9.8     Acquisition of Land from Forests NSW for the Future Extension of the Nambucca Waste Management Facility........................................................................................................................... 73

9.9     Construction And Complying Development Certificates Approved November 2014............ 78

9.10   2014 November - Development and Complying Development Applications Received......... 82

10      Assistant General Manager Corporate Services Report

10.1   Fit for the Future Self Assessment Tool........................................................................... 86

10.2   Developer Contributions Report - Draft Final Community Needs and Public Open Space Study   112

10.3   Investment Report To 31 October 2014.......................................................................... 216

10.4   Schedule of Council Public Meetings............................................................................. 221

11      Assistant General Manager Engineering Services Report

11.1   Macksville Fun and Fitness Precinct Project................................................................... 222    


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

12.1   General Manager's Performance Review

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

  

            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 30 October 2014

The following document is the minutes of the Ordinary Council meeting held 30 October 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 November 2014 and therefore subject to change.  Please refer to the minutes of 13 November 2014 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Richard Spain (A/g AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth, Cr Bob Morrison and Mr Paul Gallagher (AGM Engineering Services)

 

 

PRAYER

 

Captain Steve Dorman from The Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 11.5 Waste Management Quarterly Report July - September 2014 under the Local Government Act as Cr Ainsworth’s wife works at the Anglican Op Shop. 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 October 2014

 

515/14 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 16 October 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Ainsworth – LATE

 

ITEM 5  .1    SF1933              301014      Notice of Motion - Request for Leave - 11 - 19 November 2014 (SF353)

516/14 RESOLVED:        (Ainsworth/South)

 

That Cr John Ainsworth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 11 to 19 November inclusive.

 

  


 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

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

PRESENTATION from Mr Geoff Allen from Forsyths

 

PUBLIC FORUM from Mr Paul Linder –Living next door to a "rubbish dump"

 

ITEM 11.5    Waste Management Quarterly Report July - September 2014

DELEGATION from Ms Fran Robinson on behalf of Anglican Op Shop

 

 

517/14 Resolved:        (Ainsworth/Flack)

 

That the Public Forum and Delegation be brought forward.

 

 

 

 

PUBLIC FORUM

 

Mr Linder addressed Council making the following points:

·    Ongoing saga for two years with a neighbour

·    Piggery, dog breeder – 12 bull mastiffs, kelpie, other dog locked in cage, dumped cars, goats, roosters galore

·    No support from Council to date- after signing an agreement (mediation) – was threatened by this neighbour

·    Took out AVO

·    Woken every day by 4 roosters only stop between sun down and midnight

·    4 pigs confined in small space

·    8 cows all in close proximity with all the other animals

·    All animals free range – coming into his property and destroying wetland and his property

·    Effluent into Newee Creek – affecting professional fishers, oyster farmers

·    Illegal stock yard, cut down trees so now gets light spill

·    Has 4 year old grandchildren seeing dogs chewing up other animal in front yard

·    Please have a look from Mr Linder’s place

·    RSPCA notified, came too late – goat was already dead

·    This is in a residential area

·    Lives with this situation for 24/7

 

518/14 Resolved:        (Flack/Ainsworth)

 

That a report be given to Council in Closed Meeting providing history of the matter as well as maps and photographs to illustrate any concerns.  Further, that Mr Linder be notified of this action.

 

 

 


DELEGATION

 

Ms Robinson addressed Council to a prepared paper which is on file SF453 in regard to the following matter in Item 11.5:

 

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.

 

 

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

Motion:      (Flack/Ainsworth)

 

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.

 

Amendment:       (Ainsworth/South)

 

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; with the exception of the clothing collection trial; and further that in the meantime Council discuss the clothing trial and any proposed program with the contractor and the opportunity shops and that a further report come back to Council including how it is to be paid for.

 

3        That an education program be provided to the Schools in the Nambucca Valley.

 

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

 

519/14 Resolved:        (Ainsworth/South)

 

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; with the exception of the clothing collection trial; and further that in the meantime Council discuss the clothing trial and any proposed program with the contractor and the opportunity shops and that a further report come back to Council including how it is to be paid for.

 

3        That an education program be provided to the Schools in the Nambucca Valley.

 

 

 

PRESENTATION

 

Mr Geoff Allen addressed Council with a PowerPoint presentation of the 2014 Audit conducted by Forsyths.

 

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

520/14 RESOLVED:        (Ainsworth/South)

 

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 sub votes for 2014/15.

 

3        That Council thank Mr Allen for his presentation.

 

 

 

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

521/14 RESOLVED:        (MacDonald/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF959                301014      Outstanding Actions and Reports

522/14 RESOLVED:        (Flack/Ainsworth)

 

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

 

 

 

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

523/14 RESOLVED:        (Flack/Ainsworth)

 

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

 

 

 

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.

524/14 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

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

                                      South    (Total 7)

Against the motion:         Nil

 

 

 

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

525/14 RESOLVED:        (Flack/MacDonald)

 

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

 

526/14 RESOLVED:        (Flack/Ballangarry)

 

That DA 2014/158 be called in for determination by Council and that Council undertake an inspection of the site at an appropriate time.

 

 

 

Assistant General Manager Corporate Services Report

 

Item 10.1 was dealt with under Presentation earlier in the meeting.

 

 

 

ITEM 10.2    SF251                301014      Schedule of Council Public Meetings

527/14 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

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

528/14 RESOLVED:        (Flack/South)

 

That this report be deferred until the financial statement has been received from the Committee of Management.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF869                301014      Public Lighting Forum 24 September 2014

529/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information.

 

 


 

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

530/14 RESOLVED:        (Flack/MacDonald)

 

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.

 

 

 

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

531/14 RESOLVED:        (Ainsworth/Flack)

 

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.

 

 

 

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

532/14 RESOLVED:        (Ainsworth/MacDonald)

 

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.

 

 

Item 11.5 was dealt with under Delegations.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (South/Ainsworth)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF452                301014      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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.22 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.25 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF452                301014      Mixed Waste Processing Dispute

533/14 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the information, and delegated authority be provided to the Assistant General Manager Engineering Services and the Waste Management Officer to enter into negotiations with the Coffs Coast Waste member Councils to resolve the dispute.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.26 pm. 

 

Confirmed and signed by the Mayor on 13 November 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                            13 November 2014

General Manager

ITEM 9.1      SF959              131114         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

Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan.

 

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

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.

 

Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December

 

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 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.

 

Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December

 

 

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 second meeting in November 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 13 November Council meeting.

 

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.

 

RMS and Pacifico to address a special meeting of the Estuary Committee on 4 December 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

MBD

Report October 2014

Deferred to second meeting in November 2014.

 

 

JUNE 2014

 

11

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.

 

12

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.

Now expecting a funding announcement in relation to the Macksville Hospital before the March 2015 State election but the available funding will only be sufficient for a refurbishment, not a new hospital.

 

 

13

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.

 

14

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.

RMS advise that the NSW default speed limit for urban areas is 50km/h and there is no scope to reduce the speed limit within the Macksville Industrial Estate and no further action can be taken on this matter

 

 

15

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.

 

Arrangements now being made for the RMS and Acciona Ferrovial (now Pacifico) to address a special meeting of the Estuary Committee to be held on 4 December 2014.

 

 

JULY 2014

 

16

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

 

17

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.

 

18

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

 

19

SF595

28/08/14

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

 

AGMES

March 2015

 

20

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

 

Catchment area investigated and now defined. Letters to be sent to the affected landowners at the end November advising them of the proposal and estimate of costs based on the developer contributions within Councils adopted fees and charges.

 

Consultant’s report anticipated mid-November and report to Council scheduled for December

 

SEPTEMBER 2014

 

21

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.

 

22

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).

 

23

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.

 

24

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

 

25

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

 

Response received from residents’ solicitor advising that all communication has to be between Council’s solicitor and the residents’ solicitor.

 

26

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.

 

27

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.

 

28

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.

 

29

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.

Further report in agenda of the Council meeting on 13 November 2014.

 

 

30

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 March 2015.

 

31

LF13

30/10/14

That a report be provided to Council in closed meeting concerning the complaints made by Mr Paul Linder.

 

GM

Report December 2014

 

32

SF453

30/10/14

A further report comes to Council on the outcome of the clothing recycling trial, including how the scheme is to be paid for.

 

AGMES

Trial under way and report on the outcome of the clothing recycle project to be included with the January 2015 waste QBR

 

33

SF1947

30/10/14

That DA 2014/158 (pistol range, Missabotti) be called in for determination by Council and that Council undertake a site inspection at an appropriate time.

 

GM

Applicant has been requested to provide additional information.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.2      SF1026            131114         NSW Government Response to the "Inquiry into the 2012 Local Government Elections"

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Government has now announced its response to the Joint Standing Committee on Electoral Matters’ Report entitled “Inquiry into the 2012 Local Government Elections”.   The Standing Committee’s report was published on 28 March 2014 and the Government’s response has taken nearly seven (7) months to be announced.  The Government has announced its intention to allow Council’s to undertake compulsory postal voting but does not believe it can be arranged for the September 2016 local government elections.

 

 

Recommendation:

 

That the information concerning the NSW Government’s response to the “Inquiry into the 2012 Local Government Elections” be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

In March 2014 the Joint Standing Committee of Electoral Matters reported on the conduct of the 8 September 2012 Local Government elections.  The major difference in the election compared to previous elections was that councils were able to choose whether to engage the services of the Electoral Commission to run their elections or whether they would manage their own elections.  Most councils that chose to run their own elections contracted a third party – the Australian Election Company – to assist them.  On the whole, the Committee heard that these arrangements went very well.

 

Nambucca Shire Council made a submission to the Joint Standing Committee which is recorded in their report.  Council’s submission requested the Committee to investigate the potential for compulsory postal voting in lieu of “attendance” voting as a means of reducing the cost of elections and this include reviewing the practice of the Victorian Electoral Commission.  Council also resolved as follows:

 

·   The time made available for pre-polling be reduced so as to minimize the length of time candidates, their friends and relatives have to commit to distributing “how to vote” information

·   The income from fines from not voting be distributed to the councils who paid for the conduct of the election

·   The requirement in smaller rural areas to appoint an official agent and to open a separate campaign account is unnecessarily onerous and a disincentive to prospective candidates

·   The threshold for the requirement for external auditing for campaign expenditure in excess of $2,500 is unnecessarily onerous and a disincentive to prospective candidates

 

The NSW Government has now announced its response to the Report.

 

The Government proposes a number of changes to the way in which future elections are conducted.  The most significant of the changes are listed as follows:

 

·   The Government proposes to seek amendments to the Act to provide that where a council does not intend to enter into an arrangement with the Electoral Commissioner to administer its elections, it must, at least 18 months before the next ordinary election, demonstrate to its community that it has the capacity to successfully administer its own elections by way of a resolution of the council.

 

·   The Government agrees with the Committee that the current requirements for candidates to open a campaign account where they receive political donations or incur electoral expenditure that exceeds $1,000 and to appoint an official agent are unduly onerous in the context of Local Government elections and serve as a disincentive to participation by candidates in the elections.  The Government supports in principle amendments to the Election Funding Expenditure and Disclosures Act 1981 to address this, but considers that any proposed amendments should be deferred pending the completion of the work by the Expert Panel on Political Donations so that this issue may be considered in the context of the outcomes of that review.

 

·   The Government acknowledges the resource impacts on councils of having to conduct by-elections and agrees that where vacancies arise within 18 months of an ordinary election, councils should have the option of being able to avoid the cost of a by-election through use of a countback system to fill the vacancy.  It is proposed to amend the Act to allow for this.  The use of a countback system will not be available however where the vacancy arises in the office of a popularly elected Mayor.  The Government considers that it is important that the community has an opportunity to directly elect a replacement for popularly elected Mayors at a by-election, given the important community leadership role of that office.  It is intended to require councils to decide by resolution at the start of their term whether vacancies that arise in the 18 months following the election are to be filled by way of a countback system.  Councils will not be allowed to change this decision.

 

·   Postal voting provides a potentially cheaper alternative to attendance voting and makes it easier for electors to participate in Local Government elections.  The Government therefore supports councils being given the option of offering postal voting as an alternative to attendance voting and giving individual electors the choice to exercise their vote in this way where a council decides to conduct their election by way of an attendance vote.  However the Government says that before this can be implemented, further work needs to be done to ensure systems are in place to support universal postal voting.  It is unlikely that this will occur before the September 2016 Local Government elections.

 

Comment:  It is pleasing that the NSW Government has supported Council’s request.  However there is inadequate explanation as to why the systems required to support universal posting voting cannot be implemented within the next 2 years before the September 2016 elections.

 

·   The Government supports any measure that maximises voter participation and agrees that maintaining a pre-poll alternative is an important voting option.  The Government agrees that the best way to achieve this is to maintain the existing 2 week pre-polling period and to abolish the criteria electors must meet before being able to cast a pre-poll vote.

 

Comment:  The Government did not accept Council’s recommendation in relation to reducing the time made available to pre-poll voting.  In fact they propose to move the other way by abolishing the criteria for pre-poll voting.  Without postal voting it is likely that pre-poll voting in the 2016 election will be more significant which will mean a potentially greater call on candidates to staff the pre-poll voting centre for a period of 2 weeks.

 

·   The Government acknowledges the frustration and red tape burden of non-residential electors having to re-enrol ahead of every election in order to vote at Local Government elections.  The Government agrees that this is also a potential deterrent to participation by non-residential electors at Local Government elections.  The Government proposes to address this by seeking an amendment to the Act to make the non-residential rolls permanent.

 

·   The Government agrees that where, as is the case for the City of Sydney, 78.5% of ratepayer revenue is derived from the business community and other non-residents, electoral architecture needs to be put in place to ensure equity and fairness.  For this reason, the Government supported the Bill introduced into the Parliament by the Shooters and Fishers’ Party to amend the City of Sydney Act 1988 which gave effect to the Committee’s recommendation.  The key feature of the legislation as passed through Parliament is setting a maximum of two eligible persons to be enrolled per business, including for each business operating in shopping centres.  These changes will only apply to the City of Sydney.  Possible extension to other economic centres may be considered in the future.

 

 

CONSULTATION:

 

There has been no consultation in preparing the report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There has been discussion in the media and at the LGNSW Conference concerning the changes to voting for the City of Sydney.  Whilst most recognised that the temporary non-residential rolls disenfranchised the business community, there has been speculation as to whether the changes go too far the other way.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identifiable risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.3      PRF72              131114         Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council is the owner of 17.6 hectares of land being Lot 40 DP 711098 which is zoned RE1 Public Recreation.  The land adjoins the Kingsworth Estate and contains a large dam. 

 

Council has now received an enquiry from Pacifico being the Acciona Ferrovial Joint Venture constructing the Warrell Creek to Nambucca Heads upgrade of the Pacific Highway for the use of the water in the dam.  They propose to use it as construction water in the compaction of material and also in dust suppression.  Their project engineer has noted that water resources for use in the project are scarce and they are looking at all possibilities including the waste water from Council’s Macksville Sewerage Treatment Plant.

 

The adopted plan of management for the land provides for the provision of a road to the existing dam so that it (the dam) may be used for water in times of drought and for water to be used for fire fighting purposes or as a dust suppressant at other times.

 

Notwithstanding that the Plan of Management specifically provides for the use of water from the dam for dust suppression, the Local Government Act (Section 47) still requires a lengthy process of community consultation before Council can enter into any lease or licence in respect of the land.  This lease or licence would be required to allow Pacifico to utilise the dam water.

 

 

Recommendation:

 

1That Council advise Pacifico that Council is willing to consider the use of the water from the Kingsworth Estate dam for the purposes of constructing the Pacific Highway upgrade subject to:

 

          a        A suitable lease or licence arrangement being entered into for the use of the land.

 

          b        An environmental assessment being undertaken and submitted to Council which

                   demonstrates how the water extraction will be managed to ensure that it will have no

                   adverse impacts on the environment.

 

          c        A favourable outcome to the public consultation process required by Section 47 of the

                   NSW Local Government Act.

 

          d        Pacifico meeting all of Council’s costs in the matter.

 

2        Further, that if Pacifico wish to proceed on the above terms, that there be a further report to Council advising of the outcome of the environmental assessment and any submissions received through the public consultation process so that Council may decide on a lease or licence arrangement and the terms of such lease or licence.

 

 

OPTIONS:

 

Council can deny access to the use of the water in the dam.

 

 

DISCUSSION:

 

The Kingsworth Lake Reserve, being Lot 40 DP 711098, was dedicated to Council as part of a developer contribution and was categorised as community land (Natural Area, Bushland) on 4 May 1995.  It has an area of 17.6 hectares, much of it being a large water body (dam).

 

Pursuant to Section 36E of the Local Government Act 1993, the core objectives for management of community land categorised as a natural area are:

(a)      to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and

      (b)      to maintain the land, or that feature or habitat, in its natural state and setting, and

      (c)      to provide for the restoration and regeneration of the land, and

      (d)      to provide for community use of and access to the land in such a manner as will minimise and

               mitigate any disturbance caused by human intrusion, and

      (e)      to assist in and facilitate the implementation of any provisions restricting the use and management

of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.

 

An aerial photo with cadastral detail showing the reserve is attached.

 

The land is zoned RE1 Public Recreation, except for a small area the subject of a proposed land swap which is zoned R5 Large Lot Residential.  Currently the land has no recreational use and indeed has no constructed access for either pedestrians or vehicles.

 

A plan of management for the land was prepared in January 2012.  The adopted plan of management for the land is attached.  It provides for the provision of a road to the existing dam so that it (the dam) may be used for water in times of drought and for water to be used for fire fighting purposes or as a dust suppressant at other times.

 

Council has now received an enquiry from Pacifico being the Acciona Ferrovial Joint Venture constructing the Warrell Creek to Nambucca Heads upgrade of the Pacific Highway for the use of the water in the dam.  They propose to use it as construction water in the compaction of material and also in dust suppression.  Their project engineer has noted that water resources for use in the project are scarce and they are looking at all possibilities including the waste water from Council’s Macksville Sewerage Treatment Plant.

 

It is understood that the water body adjoining Kingsworth Lake was constructed as a water storage for agricultural irrigation.  It supports a variety of aquatic plants and bird life.  Provided the extraction of water is managed so as to maintain a reasonable water level in the dam there is no “in principle” objection to the proposal.

 

Under Section 46 of the NSW Local Government Act 1993, the Council may issue a lease, licence or other estate in respect of community land, in accordance with an express authorisation in the plan of management for a purpose which includes the provision of public roads.  In this instance the plan of management expressly identifies the use of the dam water for dust suppression.

 

Under Section 47A of the Act for leases, licences and other estates in respect of community land for terms of 5 years or less, the proposal must be notified and advertised for a period of 28 days and any person may make a submission in writing to Council and before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

 

In the interests of assisting in the construction of the Pacific Highway upgrade and minimising its cost, the proposal from Pacifico is considered reasonable, subject to a suitable lease arrangement being entered into for the use of the land, an environmental assessment being undertaken to demonstrate how the water extraction will be managed to ensure that it will no adverse impacts on the environment; and thirdly the outcome of the public consultation process required by Section 47 of the NSW Local Government Act.

 

 

CONSULTATION:

 

There has been consultation with Council’s Strategic Planner and with a project engineer for Pacifico AFJV.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is proposed that the applicant prepare the necessary Part V environmental assessment for consideration and determination by Council.

 

Social

 

The provision of adequate water for the highway upgrade for compaction and particularly dust suppression is in the community’s interest.  Further if water has to be obtained from more remote sites, the RMS and therefore the taxpayer may have to fund a contract variation for the additional cost.  Council is not privy to the contract between the RMS and the Acciona Ferrovial Joint Venture so the financial consequences of a shortage of water are unknown.

 

Economic

 

As indicated if water has to be obtained from more remote locations, there may be additional costs incurred by the taxpayer for the construction of the Pacific Highway upgrade.

 

Risk

 

Notwithstanding that the Plan of Management specifically provides for the use of water from the dam for dust suppression, the Local Government Act (Section 47) still requires a lengthy process of community consultation before Council can enter into any lease or licence in respect of the land.  The Act provides that the Minister for Local Government may determine the matter, presumably if the Minister receives objections and elects to “call the matter in”.

 

An adjoining owner who purchased land off the developers of the Kingsworth Estate has recently telephoned myself advising that he has “access rights” to the water contained in the dam.  The adjoining owner has been advised to submit documentary evidence to Council of these “access rights”.  At the date of preparing this report no evidence had been submitted.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council’s future budgets would benefit from whatever the licence or lease rental is agreed to be.

 

Source of fund and any variance to working funds

 

There would be a benefit to working funds for the sum of any licence or lease rental paid for part of a year.

 

Service level changes and resourcing/staff implications

 

There is a large amount of administrative work required to deal with the request.  This includes negotiating the lease/licence and processing the public notice and reporting on any submissions to Council.

 

Attachments:

1

18934/2014 - Kingsworth Lake Reserve - aerial photo/cadastre

 

2

26765/2011 - Adopted Plan of Management

 

3

18967/2014 - Kingsworth Lake Reserve Zoning Map

 

  


Ordinary Council Meeting - 13 November 2014

Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 


Ordinary Council Meeting - 13 November 2014

Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 

 

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS, BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

 

 

 

Prepared by:

                                                     Nambucca Shire Council

                                             P O Box 177

                                             MACKSVILLE  NSW  2447

 

 

Adopted by Council 19 January 2012


Ordinary Council Meeting - 13 November 2014

Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 

NAMBUCCA SHIRE COUNCIL

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS,

BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

BACKGROUND

 

The landowner of the adjacent property, (Lot 63 DP 1058432), approached Council with a proposal for a boundary adjustment to enable a land swap between the Council reserve land and the rural land within Lot 63.

 

Council resolved to proceed with the Draft LEP (Amendment No. 62) on the 20 April 2006 and Council received an authorisation to issue a Section 65 Certificate on 7 July 2006, and exhibited the draft plan from 25 August 2006 to 22 September 2006. The Draft LEP was for the rezoning of the land to be exchanged and reclassification of the open space land.

 

The land was categorised as community land (Natural Area, Bushland) on 4 May 1995 and was dedicated to Council as part of a developer contribution under Section 94 of the Environmental Planning and Assessment Act 1979. It was indicated at that time that the design for subsequent stages were preliminary and “minor variations in boundary location between lots and proposed public reserve may be necessary”.

 

Council concurred with the land exchange and reclassification to enable legal access to the reserve. There is no suitable legal access from the end of Florence Wilmont Drive to Old Coast Road as the existing access way between Lots 5 and 6 Florence Wilmont Drive is suitable for pedestrian or bicycle access only. Council require access to the dam within the reserve for the purpose of emergency drought situations, water for dust suppression and for fire fighting purposes.

 

 

GENERAL DESCRIPTION

 

This plan applies to the community land in the category of Natural Area, Bushland.  It is intended to cover the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

The subject land is located in Nambucca Heads at the western end of Florence Wilmont Drive. The land is adjacent to an informal intersection with Old Coast Road. The land is located at the western extremity of the Kingsworth Estate Rural Residential Release Area.

 

The site is located at the western end of Kingsworth Estate and adjoins land predominately zoned R5 Large Lot Residential.

 

 

 

CLASSIFICATION OF LAND

 

The land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate is categorised as community land. The sub-category is Natural Area, Bushland.

 

The proposal requiring the reclassification of the land is the result of a proposed boundary alteration; a land swap between the rural land and open space land. The exchange of land will result in a nett increase in the reserve of 8,940 m2; 4,960 m2 of reserve is proposed to be zoned for rural residential purposes and 1.39 hectares of rural land is proposed to be rezoned for open space purposes.

 

The proposal will increase the street frontage of the reserve from 60.57 m to 242.67 m and will allow a dedicated road to the existing dam to be used for emergency access for water in times of drought and for water to be used for fire fighting purposes or as a dust suppressant at other times.


 

Pre-existing zone

New Zone

 

 

OWNER OF LAND

 

Nambucca Shire Council is the owner of the land.  Part Lot 40 DP 711098 Old Coast Road Kingsworth Estate.

 

 

TRUST, ESTATE, INTEREST, DEDICATION, CONDITION, RESTRICTION OR COVENANT APPLYING TO THE LAND

 

There is no trust, estate, dedication, condition, restriction or covenant applying to the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

 

OWNERS APPROVAL OF MANAGEMENT PLAN

 

Nambucca Shire Council is the owner of the land.

 

 

LEASEHOLD DETAILS

 

There are no leasehold details associated with the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate. 

 

 


Ordinary Council Meeting - 13 November 2014

Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 

NAMBUCCA SHIRE COUNCIL

 

PLAN OF MANAGEMENT

 

NATURAL AREA, BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Landscape Character

Maintain the natural flora

Reduce the invasion of urban weeds

Annual inspection

 

 

Control noxious weeds

Annual inspection

 

 

Maintain existing native plants. Replant with local indigenous plants

Annual inspection

 

 

Lop trees that are hazardous to users and adjoining private land.  (Do not lop to restore views or that shade properties)

Annual inspection

 

 

Remove trees with termite infestations

Annual inspection

Facilities

Limit construction of facilities on reserves

Limit furniture to seats where needed by walkers.  No toilets, garbage bins, tables or BBQ’s

Annual inspection

Paths

Access paths are to be non-intrusive

Use natural materials such as gravel, soil, bark on pathways and timber formed steps where necessary

Identify high use areas by pedestrians

Unauthorised Use

No intrusion is permitted of private use such as gardens, boats, cars, caravan, rubbish etc

Existing intrusions are identified and notices to remove are issued

Annual inspection

Bushfire Protection

Litter not be allowed to accumulate to the stage of being a bush fire hazard

Slash block or control burn according to Bush Fire Management Plan

Annual inspection

 

 

 

Prepare Bush Fire Management Plan

 


 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Management and Administration

An efficient and practical administration and management system with clear areas of responsibility and a well defined method of obtaining

Employment of staff with horticultural training.  Provide sufficient funds for correct maintenance practice

The reserve is to maintain its natural environment. The park superintendent to develop a program to maintain the reserve at a reasonable standard

Soil and Drainage

To maintain a surface runoff system compatible with the bushland

Use natural drainage lines, pipelines, dish drains, grass drains

The reserve is to maintain its natural environment

 

 

Control runoff from adjacent development

Annual inspections

 

 

Control runoff from road drainage

No evidence of siltation or water borne rubbish

 

 

Prevent and control erosion

Annual inspection

 

 

Keep gullies free of debris

Annual inspection

Fencing

Protect areas from damage by vehicles, pedestrians and intrusion

Identification of fencing locations to ensure vehicles are kept out of the reserve

Annual inspection

Parking

Restrict parking to defined areas

Identify the need for parking to ensure vehicles are kept out of the reserve

Annual inspection

Signs

Identify as public land

Erect signs at access points

Install signage in 2012

Utilities

To allow the installation of utility services

Permit the construction of underground pipelines for stormwater, sewerage and water supply

Plans and completed works to be approved by the Manager responsible for Recreation

 

 

Permit surface drainage of stormwater

 

 

 

Permit overhead or underground electricity supply

 


Ordinary Council Meeting - 13 November 2014

Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.4      SF639              131114         Changes to the Organisation Structure

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

The report seeks to formalise a number of changes to the organisation structure which have already been effected.

 

The position of Payroll Officer has been undertaken on a part-time basis since July 2014 at the incumbent’s request on her return from maternity leave; the position of Water Attendant was vacated in August and recruitment is currently underway for the position of Plumber; the position of Manager Civil Works has recently been re-titled Manager Infrastructure Services to coincide with the appointment of a new incumbent and to signify a change in direction for the delivery of our capital works program (accordingly, the Civil Works section has been retitled Infrastructure Services section); the position of Community Development Officer (Designated) is currently being advertised and has been changed from part-time to full-time; and the position of Youth Development Officer has been replaced by the position of Senior Community Development Officer.

 

The changes will reduce the establishment from 121.74 to 121.54 (full-time equivalent staff).

 

A copy of the draft organisation structure chart is attached.

 

 

Recommendation:

 

That the organisation structure be amended as follows:

 

1          Payroll Officer be changed from full-time to part-time at 21 hours per week

2          Water Attendant be deleted and replaced with the position of Plumber

3          Manager Civil Works be retitled Manager Infrastructure Services

4          Civil Works section be retitled Infrastructure Services section

5          Community Development Officer be changed from part-time at 28 hours per week to full-time

6        Youth Development Officer be deleted and replaced by Senior Community Development Officer

 

 

OPTIONS:

 

Council can adopt the recommendation or retain the status quo or make another determination.

 

DISCUSSION:

 

1          Payroll Officer – full-time to part-time

 

The payroll function has been running quite smoothly (evidenced by all payroll timeframes being met and nil complaints), since the incumbent returned from maternity leave in July 2014 on a 3 day week basis. The major reasons for this are:

 

·      the process improvements we have introduced (and continue to bringing to fruition like fortnightly pays)

·      the incumbent’s high level of performance in terms of work output and work quality

·      capability within the Human Resources section to perform payroll function.

 

The reduction in resourcing has had an impact on the Human Resources section, for instance with regards to payroll, workers compensation, training, periodic reporting and general administrative assistance. However, the introduction of fortnightly pays should help to overcome this.


It is proposed that:

 

·      the position be altered from full-time to part-time (21 hours per week) with the proposal being referred to the consultative committee “for information” as per Clause 25 of the Award.

 

·      That the savings (approximately $23,000 per annum in salary plus super) be used to reduce the budget deficit.

 

2          Water Attendant – replaced with the position of Plumber

 

The Manager Water and Sewerage and Assistant General Manager Engineering Services have proposed the vacant position of Water Attendant be amended to Plumber because the position has a number of  operational responsibilities for which it is desirable to have a plumbing trade certificate ie

 

·      repairs fixtures and fittings in toilet blocks and other Council owned buildings

·      backflow prevention devices and pressure control valves

·      working unsupervised

·      act up as Site Leader

 

The change was endorsed by the General Manager and the position of Plumber is currently being advertised.

 

The additional cost in terms of salary plus superannuation is approximately $5,800 per annum.

 

3          Manager Civil Works – retitled Manager Infrastructure Services

 

The position of Manager Civil Works has recently been re-titled Manager Infrastructure Services to coincide with the appointment of a new incumbent and to signify a change in direction for the delivery of our capital works program.

 

4          Civil Works section - retitled Infrastructure Services section

 

The section has been retitled to reflect the change in the Manager’s title.

 

5          Community Development Officer (Designated) – part-time to full-time

 

The position of Community Development Officer (Designated) is currently being advertised. It has been changed from part-time at 28 hours (4 days) per week to full-time with the aim of attracting a suitable candidate for the position after several previous attempts to recruit were unsuccessful. The additional cost in terms of salary plus superannuation is approximately $10,500 per annum which is fully funded from grants.

 

6        Youth Development Officer – replaced with position of Senior Community Development Officer

 

The operational responsibilities associated with the Youth Development Officer position will be shared between the Senior Community Development Officer and the Community Development Officer (Designated). The Senior Community Development Officer has a broader focus and higher level responsibilities, hence the title.

 

The additional cost in terms of salary plus superannuation is approximately $18,700 per annum which is fully funded from grants.

 


CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Assistant General Manager Engineering Services

Manager Water and Sewerage

Manager Community Development

Water and Sewerage Supervisor

Site Leader Water

Payroll Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Not applicable

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Saving of approximately $23,000 in General Fund, ongoing.

 

Additional expenditure of approximately $5,800 in Water Supply.

 

Source of fund and any variance to working funds

 

There will be a minor impact on General Fund and the Water Fund for the balance of the financial year.

 

Service level changes and resourcing/staff implications

 

Within the Human Resources section, there has been some shifting in priorities to ensure operational deadlines are met. As further productivity improvements are introduced, such as fortnightly pays, priorities will be adjusted accordingly.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.5      SF841              131114         Rates Dispute - Mr N & Mrs J Sheather & Mr B McIlwain - Sale Contracts for Partial Acquistions for the Pacific Highway Upgrade

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The dispute concerns the liability for rates on residual privately owned land arising out of the partial acquisition of properties for the Pacific Highway upgrade between Warrell Creek and Nambucca Heads.  There was firstly a contention that rates were not payable on the residual land for the balance of the financial year after the partial acquisition and secondly that if rates were payable, they should only be payable on the revised or reduced valuation for the balance of the financial year.  Section 62 of the Valuation of Land Act 1916 says that Council’s rate levy can only be based on values appearing in valuation lists furnished on or before 1 July of the year in which the Council levies the rates.

 

 

Recommendation:

 

That Council note the information concerning the rates dispute involving Mr N & Mrs J Sheather and Mr B McIlwain and the action taken by Council staff in seeking the recovery of the outstanding rates.

 

 

OPTIONS:

 

In the opinion of staff it would not be lawful to issue revised rate notices as requested by Mr and Mrs Sheather.  If the Council accepts the arguments put by Mr and Mrs Sheather and Mr McIlwain, it is suggested that the General Manager be instructed to “write off” the debt of Mr and Mrs Sheather and Mr McIlwain.  Council may also care to instruct the General Manager on how he should deal with other enquiries requesting the same consideration.

 

Given the legal and precedent risk, an alternative and safer option to “writing off” the debt would be for Council to seek legal advice to corroborate or otherwise the opinion of Council’s Rates Officer and the General Manager.  Based on recent legal matters, the cost to Council of getting legal advice would be in the vicinity of $2,500 to $4,000.

 

 

DISCUSSION:

 

On 8 May 2014 the Mayor, Council’s Rates Officer and the General Manager met with Mr  & Mrs Sheather from Old Coast Road and Mr McIlwain from River Street, Macksville concerning a disagreement over the payment of their remaining rates instalments for the 2013/2014 financial year.

 

The disagreement turns on the wording in the contracts of sale which the Sheathers’ and Mr McIlwain entered into with the RMS for the purchase of part of their properties for the Pacific Highway upgrade between Warrell Creek and Nambucca Heads.

 

The Sheathers’ and Mr McIlwain provided a copy of the relevant clause in the contracts.  The clause provided as follows:

 

34.     RATES, TAXES AND OUTGOINGS

The Vendor shall be entitled to the rents and profits up to and including the Completion date and the Vendor shall pay all rates, taxes and outgoings up to and including the Completion date (this includes the payment in full of the quarterly instalment of rates and charges for the period including the Completion date) and the purchaser shall not be bound or called upon to make any appointment of rates, taxes and outgoings in respect of either the period between the Contract date and the Completion date or the period on and from the Completion date.

 

Both the Sheathers’ and Mr McIlwain believe their obligation to pay rates is restricted to the period up to and including the completion date as provided for in the clause.  The clause is silent in relation to responsibility after the completion date.

 

Council has been advised that the settlement for the partial acquisition of the Sheathers’ property occurred on 12 December 2013 and settlement for the partial acquisition of the McIlwain property occurred on 17 December 2013.  Rate instalments were due to be paid on 28 February 2014 with a further instalment due on 31 May 2014.  Both the Sheathers and Mr McIlwain advised Council that they will not pay either instalment as they do not believe they are liable under the provisions of Clause 34 of the contract.

 

Following the meeting on 8 May 2014 I wrote to the RMS on 9 May 2014 advising of the issue and querying why the normal process of adjusting rates as part of the settlement cannot be applied by the RMS in their compulsory acquisitions.  Council has had previous issues with the RMS wherein as a matter of policy they do not obtain from Council Section 603 certificates which indicate the outstanding rates on the land which are owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same time that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding.

 

I travelled to Grafton on 27 May 2014 to meet with RMS staff to discuss a number of issues including the grievances of Mr and Mrs Sheather and Mr McIlwain.  The RMS staff advised that they do not get Section 603 rates certificates for partial acquisitions and that they do not do a rates adjustment for the balance of the financial year.  The RMS staff referred to Council as being just a “third party” creditor who they could have no particular regard to.  The RMS said that they were not liable for the remaining rates instalments for that financial year.  The RMS response was communicated to the ratepayers.

 

Subsequently, on 4 August 2014 Mr and Mrs Sheather wrote to Council advising that they have no problem paying rates on any land they own and that when Council adjusts the rates on the residual land for the 3rd and 4th quarterly instalments for the 2013/14 year to the new and current VG valuation (without the 2014/15 rate increase) and provides a new and revised rate notice for those two quarters that they would be happy to pay the outstanding rates on the land that they own immediately.

 

Therefore the contention now is that as the value of the residual land which is in their ownership was reduced post settlement, and that it is unfair that they have to pay the remaining rates instalments for 2013/2014 based on the valuation of the land prior to the transfer.

 

Since August 2014 there have been further exchanges of correspondence and the ratepayers have publicised their grievances through the media.  By letter dated 12 August 2014, Council provided the ratepayers with a further period of 30 days to pay the outstanding rates without incurring interest but that after this period they would incur interest and that Council would hand the matter to its debt recovery agent without any further notice.

 

Council’s Rates Officer has determined that for the Sheather property the difference between the rates as levied on the 1 July 2013 valuation and the reduced valuation post the partial acquisition, for the outstanding 3rd and 4th quarters, amounts to $385.83.  Following a payment in October 2014 this is the amount of rates currently outstanding.

 

There has been considerable investigation of the legal issues surrounding the dispute and Council’s Rates Officer has made enquiries with other Councils to check this Council’s approach. 

 

The view of Council staff is that Section 62 of the Valuation of Land Act 1916 is the key provision in determining liability.  It provides as follows:

 

62      Taxes and Rates under any Authority

 

      (1) Subject to this Act every rate or tax levied by a council or by any other rating or taxing authority in respect of any land included in any such lists shall be levied in accordance with the values appearing in such lists last furnished as aforesaid on or before the first day of any year for which such authority levies rates or taxes:

Provided also that where new buildings or additions to existing buildings are after the commencement of the rating or taxing year erected upon lands subject to a rate upon the assessed annual value or improved capital value, such rate may be levied in accordance with fresh valuations of such lands made by the Valuer-General and notified to such authority at any time during the rating year in which such buildings were so erected.

 

      (2) Subject to this Act the amount of any such rate or tax shall not be affected by any alteration of valuation made during the year, except to the extent necessary to give effect to the provisions of subsection (1) or an alteration made on an objection lodged within the prescribed time to a valuation made before the said first day; and except an alteration made on the written authorisation of the Valuer-General for the purpose of correcting any clerical error or misdescription.

 

Essentially Section 62 says that Council’s rate levy can only be based on values appearing in valuation lists furnished on or before 1 July of the year in which the Council levies the rates.

 

There are good practical reasons for the provisions of Section 62 in that the State Government requires Council to operate within a fixed cap for rate revenue which is determined before the rates are made for the ensuing financial year.  If Council were to incorporate supplementary valuations through revised rate notices throughout the rating year it would be impossible to operate within the nominated cap.

 

Council has been consistent in applying this principle in all instances where the value of land may change.  For example where subdivided land is registered within the financial year, Council does not levy rates (only charges) for those new lots until the following 1 July.  A person can purchase subdivided land which may contain a dwelling on 2 July and not be liable for rates on that land until 1 July in the following year.  The situation is the same as that in contention wherein the owner of the land subdivided after 1 July is responsible for rates on the original parcel until the following 1 July, notwithstanding its diminished value.

 

It is agreed with Mr & Mrs Sheather and Mr McIlwain that the system may be considered unfair in creating “losers” but there are also “winners”.  That is the system.  Putting aside the law concerning the matter, from a policy perspective to act on supplementary valuations throughout the year would require significant additional work for Council staff and pose an issue as to the extent to which such an approach should be applied retrospectively.  For example there have been many partial property acquisitions by the RMS for the Pacific Highway upgrade through the Nambucca Valley and the owners of the residual land could expect similar consideration.

 

Of course the issue would not have arisen if the contractual arrangements between the RMS and the property owners had made provision for the reconciliation of the rates for the entire financial year, and not just up until the date of settlement.  The responsibility for this is shared by the RMS and the particular ratepayers, not Council.  In this regard the Council had no knowledge of the provisions of the contract and its representations to the RMS (both before and after this dispute) have not been accepted.

 

 

CONSULTATION:

 

There has been consultation with Mr & Mrs Sheather, with Mr McIlwain, with the RMS, with Council’s Rates Officer, and with other Councils.

 

Mrs Sheather has also made further representations to the Mayor including that the matter be determined by the elected Council.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts on the environment.

 

Social

 

There are no discernible social impacts.

 

Economic

 

There are no discernible economic impacts.

 

Risk

 

There are significant legal risks and policy risks as outlined in the report.  Section 435 of the Local Government Act provides that the Director-General of the Office of Local Government may, if satisfied that any expenditure or transfer, or any entry in a council’s accounts, has been incurred or made in contravention of the Local Government Act or any other Act or Regulation, surcharge the amount of disallowance on the councillor, the general manager or any other member of staff of the council by whom the expenditure, transfer or entry was incurred or made or ordered to be incurred or made.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report outlines the significant policy and financial implications of acting contrary to Section 62 of the Valuation of Land Act 1916.  If the practice was to be routinely undertaken there is a likely to be an impact on current and future budgets.  Further it would make budgeting more difficult as Council’s rate revenue could not be accurately determined at the beginning of the financial year.

 

Source of fund and any variance to working funds

 

As discussed Council’s rate revenue would fluctuate through the financial year, depending upon the level of subdivision activity.

 

Service level changes and resourcing/staff implications

 

As discussed there would be significant resourcing and staffing implications to continually act on supplementary valuations with revised rate notices.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.6      SF430              131114         New Flying Fox Management Strategy

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council make a submission on the Flying-Fox Camp Management Policy 2014 – Consultation Draft seeking a commitment of funding from the Office of Environment and Heritage towards the preparation of camp management plans

 

 

OPTIONS:

 

It is open to Council to make a submission on the Flying-Fox Camp Management Policy 2014 – Consultation Draft as it sees fit.

 

DISCUSSION:

 

On 3 November 2014, the NSW Minister for the Environment, the Hon. Rob Stokes MP announced, “a new strategy to minimise the impacts of flying-fox camps surrounding populated areas”.

 

The media release which advised of the announcement is attached.  It states that:

 

“Flying-foxes remain protected and under the new policy land managers will be able to get a five year licence to:

 

·      Create buffer zones by removing vegetation to create a separation from populated areas and to disturb animals at the boundary of the camp to encourage roosting away from human settlement;

 

·      Carry out camp disturbance or dispersal by clearing of vegetation of dispersal of animals by noise, water, smoke or light; and

 

·      Undertake camp management such as removal of trees that pose a health and safety risk, weed removal (including removal of noxious weeds), trimming of understorey vegetation and the planting of vegetation.

 

The policy encourages councils to prepare camp management plans for sites where there is a high level of impact on the community.”

 

The announced “strategy” is in fact a draft policy and the Office of Environment and Heritage (OEH) is consulting on the new policy with a closing date for submissions of 1 December 2014.  A copy of the consultation draft is attached.

 

The draft policy states that its overriding purpose is to minimise health impacts of flying-fox camps on people.  The policy is to empower land managers, primarily local councils, to work with their communities to manage flying-fox camps effectively.

 

The announced “new strategy” is more akin to a refinement of the existing approach wherein the relevant land manager seeking to control flying-fox, be it the Council or another public authority, will be required to prepare a camp management plan for approval by the OEH.  Approvals via licensing will be valid for 5 years, which the policy says will “avoid land managers having to repeatedly seek approval from the State Government for camp management”.  Presumably after 5 years the Council would need to submit a new camp management plan, even if the existing and approved plan had been successful.

 

The requirements for camp management plans include the following:

 

·      Overview – includes establishing objectives and the purpose and intention of the plan

 

·      Context – provides information on the camp area, history of the camp, classification of land, management responses to date and key stakeholders

 

·      Community considerations – identifies issues that have led to the plan being developed, including specific impacts of the camp on the local community which may include health, amenity and safety concerns relating to the camp.

 

·      Ecological considerations – provides information on flying-fox ecology

 

·      Identifying camp management actions – identifies available camp management actions and categorises them as Level 1 (routine camp management actions), 2 (creation of buffers) or 3 (camp disturbance or dispersal)

 

·      Assessment of impacts – considers licensing requirements and matters to be considered when assessing a five year licence application

 

·      Implementation – outlines how the camp management plan will be implemented including roles and responsibilities, planning for actions, timing, costs, monitoring and adaptive management and the plan review period.

 

The draft policy states that to obtain approval, land manager will submit their completed camp management plan to OEH who will then “guide” the applicant through the necessary process for licensing.  The statutory process is set out in a flow chart.  The fact that the flow chart contains 21 separate boxes and a continuous loop indicates the licensing process is far from simple.  In fact a critical element is a decision as to whether or not the proposed action is likely to have a significant impact on the species.  If it is deemed that it will have a significant impact then a Species Impact Statement (SIS) is required.

 

The technical staff resources required to prepare a camp management plan cannot be met within Council’s existing staffing compliment.  In practice this will mean that Council will have to employ a consultant to prepare a camp management plan on its behalf.  This will be at significant cost.  Further if the recommended actions are not successful, presumably the plan of management would need to be reviewed and then resubmitted under the licensing process.

 

There will also be conditions and restrictions attached to licences including the use of arborists at night (for lopping, trimming and removal of trees) and where dispersal of a camp is proposed there would be additional conditions requiring population counts and limits on the times when dispersal activities can be undertaken.

 

By way of a response to the consultation draft it is recommended that Council seek a commitment of funding from the OEH to assist in preparation of camp management plans.  In this regard the OEH should be advised that the NSW Treasury Corporation has assessed the Council’s financial sustainability as weak with a negative outlook (as per most Councils on the North Coast) and that funding the preparation of individual flying-fox camp management plans and obtaining and complying with the licence requirements every five years will be outside the financial capacity of the Council.

 

 

CONSULTATION:

 

There has been some interest from the media in the new policy.  There has been consultation with the Manager Development & Environment.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The new policy provides no substantive changes to the way in which OEH has managed issues with flying-fox camps.  The proposed policy does have some value in better articulating the required procedures.  There are no changes to the substantive legislation which underpins the Government’s approach to managing flying-fox issues.

 

Social

 

To the extent that the announced “new strategy” is more akin to a refinement of the existing approach to managing flying-fox camps, there is unlikely to be any significant changes to the social dimensions.  These social dimensions include a polarisation of attitudes with many having strong views in favour of moving camps and others having equally strong views that camps should not be moved.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.  It is a draft policy.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary implications of preparing a camp management plans are discussed in the report.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The preparation of the camp management plans would require a significant commitment of staff time to undertake consultation with the community and the OEH.

 

Attachments:

1

33059/2014 - Flying-Fox Management Strategy - Ministerial media release

 

2

32957/2014 - Flying-fox Camp Management Policy 2014 - Consultation Draft

 

  


Ordinary Council Meeting - 13 November 2014

New Flying Fox Management Strategy

 



Ordinary Council Meeting - 13 November 2014

New Flying Fox Management Strategy

 
























Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.7      SF1947            131114         Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 October to 5 November 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

2014/158

24/09/2014

Recreation Facility (Outdoor): Shooting Range

Lot 262 DP 755549, 132 Morans Road, Missabotti

SUBMISSIONS RECEIVED/STAFF COMMENTS

60 public submissions have been received – 30 oppose the proposal and 30 support it.

 

Opposing submissions

·    Extra traffic would be generated leading to increased dust levels and danger to wildlife. Some of the roads impacted are already in dire need of repair

·    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 due to lead contamination

·    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 – Council should not be supporting the proliferation of guns

·    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.

·    Will result in a loss of amenity

·    Independent EIS and sound tests required

·    Council is morally obliged to stand by their Mission Statement “to value and protect the natural environment”

·    Hours of operation – 7am to 8pm for seven days a week – are too long

·    If approved, Section 94 contributions should be levied to cover works created by the increase in traffic

·    The site appears to represent a significant bushfire risk – fire management plan and adequate fire fighting resources should be mandatory

·    Chemical toilets are inadequate – more information required about where the disposal facility will be

·    Spent and unexploded ammunition may lead to land contamination issues

·    Site clearing – preventative measures re erosion are not detailed.

·    Noise measurements were only undertaken for a 30 minute period – more testing required in differing weather conditions

·    Operational issues – will guns/ammunition be stored on site or transported along the road? Will there be alcohol at the proposed BBQs? If guns, etc stored on site – what security measures will there be?

·    If the site is closed, sufficient funds should be set aside at approval stage to ensure the site is remediated.

·    No economic or employment benefit to the Shire

·    Why wasn’t a local company used to do the noise assessment

·    Noise assessment should have tested 30 guns fired at the same time as 30 bays are proposed.

·    DA form not correctly filled in – should not have been accepted by Council

·    How will lead from the site be safely removed and disposed of?

·    Public has been inadequately notified

·    This proposal should only be presented to a Council meeting at which all Councillors are present.

·    Accessing the site will involve crossing a former airstrip – concerns re past pollution

·    Will be a particular health risk to one person as noise induced stress will adversely impact his health.

·    Out of character for the area

·    Proposed hours of operation will mean no respite for locals

·    Proposed hours may mean more traffic on poor quality roads in the dark

·    Fire-fighting measures are not adequately addressed in the application.

·    How will theft of firearms/ammunition be prevented?

·    The area should be securely fenced with warning signs so no-one inadvertently wanders into a potentially dangerous area

·    The Shire doesn’t need another range/club as there is one at Scotts Head with potential for expansion.

·    Concerns about using the range during high bushfire danger.

·    Numbers of members and visitors needs to be monitored – how will this happen?

·    The site is a known breeding area for Black Cockatoos

·    If social activities are held at the site, the mixing of alcohol and firearms could be very dangerous

·    The DA should apply to the 3 Valleys Club as well and their membership numbers should be included.

·    Estimated number of people using the range are unstated.

·    Council needs to find out and consider

·    Morans Road is often cut off in a flood event – may also be unsafe if there is a bushfire

·    Given the club will attract people with disabilities, are they included in any evacuation plan?

·    Morans Road/Missabotti Road intersection is very dangerous at the moment, let alone with extra traffic

·    Firearms Registry Approval should be submitted

·    How are club members safeguarded against lead particles in the air?

·    Concerns that a chemical toilet cannot be emptied into a septic tank as the chemicals shouldn’t go into it

·    Will the system the chemical toilet is being emptied into be reassessed by Council?

·    Should Office of Environment and Heritage be notified re potential threat to waterways

·    Noise assessment should be done in differing wind conditions and include continuous shooting

·    No mobile phone reception in this part of Missabotti – how will emergency situations be dealt with?

·    Will additional signage be put on Missabotti Road?

·    There should be a trained safety and first aid officer on site

·    A hazard and risk report should be prepared

·    Will a contamination report be done on the vacated property at Gumma?

·    Closest medical facilities are 30 minutes away

·    A community meeting should be held in Missabotti Hall

·    No facilities shown for hand washing but food will be served

·    Facility does not meet the RU2 zoning objectives

·    SEPP 33 Hazardous and Offensive Development should be applied to the DA

·    Children walk along and ride their bikes on the road

·    One objector says he has had past issues with one of the Clubs

·    Council does not have the staff to enforce the required conditions for this type of development

·    It should take place in an enclosed facility in the industrial estate where the noise will have less of an impact

·    A few shooters will benefit to the detriment of a peaceful community

·    Construction materials will make the noise issues worse

·    If contamination from the range ends up in the river it will affect those whose livelihoods are dependent on it.

·    Does not comply with requisite legislation

·    There is no stormwater management plan

·    Does not comply with the objectives of the NLEP2010

 

 

Supporting submissions

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

·       Encourage others to join the sport

·       Support juniors by giving them safe training

·       Keeps local shooters in the Valley

·       Supports the Valley economically, provides for tourism and hospitality opportunities

·       Bring competitions to the Valley

·       Support and encourage a sustainable, legitimate, family sport

·       Will help the club to grow their membership

·       Reputable organisation that adheres to strict safety rules

·       No complaints from their activities in Gumma

·       Logging permit on proposed site already addresses flora and fauna issues

·       Only lantana at the site

·       Noise will be muffled by surrounding bushland

·       Proposal meets all requirements so it should be approved.

·       The use of firearms is strictly controlled at these facilities

·       A well-planned alternative to Gumma

·       The remote positioning won’t impact their cattle property

·       Club has wide community support

·       The pistol range at Gumma has been well run and hasn’t caused any noise issues or traffic problems

 

 

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2014/164

30/09/14

Increase production of concrete batching plant

Lot 2 DP 1010937, 16 Kylie Street, Macksville

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the proposal

 

·        The benefits to employment are appreciated, however, the impact from the increased traffic is not. Large quantities of dust disperse over their home and granite stone is sprayed over the roadway.

·        Other traffic sprays the stones and dust around

·        B-doubles do changeovers near their home late at night, with engines running.

 

 

.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.8      SF674              131114         Acquisition of Land from Forests NSW for the Future Extension of the Nambucca Waste Management Facility

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer; Michael Coulter, General Manager         

 

Summary:

 

Council at its meeting held on the 15 December 2011 received a notice of motion concerning the long term available land for the continued operation of the Nambucca Waste Management Facility where Council resolved the following:

 

“That Council investigate the possibility of acquiring additional land from NSW Forests to expand Councils current waste management depot.”

 

Council at its meeting held on the 28 June 2012 considered a preliminary assessment on potential site constraints for the extension of the Nambucca Waste Management Facility where Council resolved the following:

 

“That Council allocate an amount up to $30,000.00 from the waste management reserves to undertake a desk top study into the expansion of the Nambucca Waste Management Facility”.

 

This report now seeks Council’s direction in allocating additional funds to enter into negotiations with Forests NSW for the acquisition of land for the expansion of the Nambucca Waste Management Facility and the rezoning of the proposed land to enable waste management operations.

 

 

Recommendation:

 

1        Council enters into formal negotiations with Forests NSW for the acquisition of the forestry land shown on the plan attached to the report.

 

2        That the outcome of the formal negotiations be reported to Council.

 

3        That Council resolves to prepare a gateway proposal to rezone the forestry land shown on the attached plan to SP2 (Waste Management Facility).

 

4        That Council notifies adjoining and nearby owners of its intentions and advise that there will be further consultation during the preparation of the local environmental plan and also through the exhibition of the development application.

 

5        That Bellingen Shire Council and Coffs Harbour City Council be advised of Council’s actions.

 

 

OPTIONS:

 

1.         Note the information provided in this report

2.         Approve the proposed acquisition and rezoning of land from Forests NSW

3.         Take no further action

 

 

DISCUSSION:

 

One of Council's long-term planning strategies is the provision of future waste management facilities within the Shire. Current waste management operations for the Shire are serviced by the existing Nambucca Waste Management Facility at Lot 2 DP 1018234, 711 Old Coast Road, Nambucca Heads.

 

Whilst there is still significant landfill life remaining at this facility, initial investigations on potential future landfill sites have identified the existing State Forestry land immediately adjoining the western boundary of the current Nambucca Waste Management Facility.

 

Council engaged Enginuity Design Pty Ltd to undertake a desk top study as to ascertain whether there were any significant environmental or engineering constraints which could prevent the development of the site as a waste management facility. The primary objective of the assessment was to ensure Council did not purchase a site which would be unsuitable for future waste management activities. The scope of works for the preliminary assessment included identifying and assessing the primary constraints of the subject land being:

 

·      Planning and legislative considerations

·      Flora and fauna issues

·      Environmental Protection Authority requirements

·      Buffer requirements

·      Indicative extent of a future landfill perimeter

·      Indicative potential landfill volume available

 

The secondary constraints of the subject land included:

 

·      Stormwater management

·      Aboriginal / heritage issues

·      Liaison with Forests NSW

 

If Council acquires the subject land, then all potential environmental, planning and engineering issues would have to be assessed in detail during the Environmental Impact Statement process.

 

Based on a concept design, the estimated material excavation and landfill space volumes within the defined areas of the proposed extension are tabled below:

 

 

AREA (HA)

EXCAVATED MATERIAL (M3)

LANDFILL SPACE (M3)

Lot 2 (Stage 3)  

3.0

250,000

700,00

Lot 2 (North Area)

4.1

450,000

1,200,00

Forestry Land

13.2

700,000

3,200,00

Total

20.3

1,400,00

5,100,000

 

The total area of the proposed extension to the waste facility excludes buffer zones and site buildings etc, is based on the following:

 

·      Lot 2 (Stage 3) – EPA approved unconstructed area of the current landfill design

·      Lot 2 (North Area) -  Remaining area to be designed and approved by the EPA

·      Forestry Land – Proposed land acquisition

 

The following table identifies the Consultants conclusion from the desk top study for the proposed expansion of the Nambucca Waste Management Facility.

 

1

Council has identified the existing State Forestry land immediately adjoining the western boundary of the existing Nambucca Waste Management Facility

2

A preliminary assessment was undertaken of the subject site to ascertain whether there were any obvious significant environmental or engineering constraints which could limit or prevent the potential development of the site as a waste management facility.

3

The forest communities found at the subject site were not listed as threatened under the TSC ACT, and are not regarded as being a conservation concern. No endangered ecological communities (EEC) or critical habitats were listed or identified for the study area either.

4

Two threatened species (Marsdenia longiloba and Niemeyera whitei) were identified which could potentially occur within the forest communities found at the site. However, provided appropriate ameliorative measures (e.g. translocation or an appropriate offset) were competently undertaken, then the proposed extension of the waste management facility was considered to be unlikely to have a significant impact on these threatened flora, if they were found at the site.

5

A number of threatened fauna species were identified as either “likely” or “possible” to occur within the subject site, based on both the current vegetation communities at the site and previous sightings in the general area. However, subject to appropriate ameliorative measures being satisfactorily implemented, then the proposed extension of the waste management facility was considered to be unlikely to have a significant impact on threatened fauna.

6

The subject site is presently zoned Zone RU3 Forestry under the provisions of the Nambucca Local Environmental Plan (NLEP) 2010. This zoning does not permit the use of a waste management facility. Council will therefore need to prepare an amendment to the NLEP 2010 to rezone the subject site to SP2 (Waste Management Facility) under the gateway process.

7

The EPA confirmed the approval of the site for a waste management facility would require the preparation of an EIS which satisfactorily addressed both the legislative requirements (i.e. land use zoning, flora and fauna, Aboriginal and heritage matters, etc) and the EPA environmental guidelines (i.e. the operational and management measures for the waste management facility extension). Based on the current operational performance of the present NWMF, there are no obvious indicators that these issues could not be suitably addressed by appropriate management techniques, including suitable buffer zones.

8

There were no major reasons raised by Forests NSW regarding why the subject land could not be acquired by Council.

9

Based on the Environmental Impact Statement prepared for the current Nambucca Waste Management Facility in the late 1990's, it is expected there would not be any significant Aboriginal or heritage matters which would adversely impact on the future development of the land.

10

A Large Lot Residential Area (Zone R5) is located to the west within 250 metres of the subject site. However, based on the location of the rail corridor, topography (i.e. a ridgeline) and vegetation (i.e. forested land) between the residential land and the subject site, in conjunction with appropriate design standards and management measures, it is considered that the extension of the waste management facility would be feasible, although the final extent of landfilling would have to be determined during the EIS phase of the project.

11

Based on a conceptual landfill design over the subject forestry land to be acquired, as well as the area on Lot 2 to the north of the approved landfill area, and the Stage 3 area at the current NWMF which has not yet been landfilled, an estimated 5.1 million m3 of overall landfill space is potentially available (although no consideration has been given to the staging of the landfill operations or the inclusion of other facilities in the concept design).

12

In addition, approximately 1.4 million m3 of material would need to be excavated to form the landfill floor, based on the conceptual landfill design. This material would be used as a cover material within the interim and final capping layers of the landfill site.

13

It is therefore concluded that although a number of potential constraints were identified for the subject forestry land, with the implementation of appropriate mitigation measures there are no obvious significant factors which would prevent the development of a waste management facility on the land.

 

Due to the size of the consultant’s report it was unable to be attached. It can however be made available upon request.

 

It is recommended that Council enter into formal negotiations with Forests NSW for the acquisition of the forestry land shown on the attached plan.

 

Following the negotiations it is anticipated that Council would resolve to compulsorily acquire the land under the Land Acquisition (Just Terms Compensation) Act 1991.  At that time it would resolve to categorise the land as “operational” and resolve to proceed to prepare and submit a development application or Part V Statement of Environmental Effects (as appropriate) to use the land as a waste management facility.

 

 

CONSULTATION:

 

There has been consultation with the General Manager and Assistant General Manager Engineering Services.  Given there have been some meetings and discussions concerning the further development of the Coffs Coast Waste alliance, it is recommended that Bellingen and Coffs Harbour City Councils be advised of this Council’s actions.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The preliminary investigations indicate there will not be a significant environmental impact.  However further investigations will be required as part of the development application of Part V assessment.

 

Social

 

It is proposed to notify adjoining owners of Council’s intentions.  Securing adequate land fill space for the Nambucca Valley is an important strategic planning activity that will ultimately provide substantial social and financial dividends to the community.  These dividends arise because the alternative of extending the existing landfill will almost certainly require planning for a new site.  Obtaining a new site with large buffers from nearby dwellings will be difficult.  This will in turn likely engender significant community opposition and additional costs in not only responding to the opposition but also installing the required infrastructure such as a weighbridge, gatehouse, amenities and the like.

 

Economic

 

There are no significant economic impacts.

 

Risk

 

There are some risks in not obtaining approvals from the many authorities involved in the process, eg from the Minister for Local Government for the acquisition; from the Minister for Planning and Environment for the rezoning; from the EPA for licensing etc.  There is also the possibility of resident action through the Land and Environment Court.  Given that the process described in the recommendation will extend over a very lengthy period, it seems to be the best way to minimise Council’s risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there will only be minor budgetary impact being the payment by the Waste Fund to the General Fund of the application fee for the preparation of the Gateway Proposal.

 

Source of fund and any variance to working funds

 

There will be no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Staffing resources will be required to prepare the gateway proposal as well as in the negotiations with NSW Forests.


Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.9      SF1947            131114         Construction And Complying Development Certificates Approved November 2014

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of October 2014 as at 6 November 2014.

 

 

Recommendation:

 

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

 

 

Attachments:

1

33066/2014 - Construction and Complying Certificates approved for October 2014

 

  


Ordinary Council Meeting - 13 November 2014

Construction And Complying Development Certificates Approved November 2014

 




Ordinary Council Meeting                                                                                            13 November 2014

General Manager's Report

ITEM 9.10    SF1947            131114         2014 November - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in October 2014 as at 6 November 2014.

 

Recommendation:

 

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

 

 

Attachments:

1

33036/2014 - Developments Applications and Complying Developments received for October 2014

 

  


Ordinary Council Meeting - 13 November 2014

2014 November - Development and Complying Development Applications Received

 



 


Ordinary Council Meeting                                                                                            13 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2025            131114         Fit for the Future Self Assessment Tool

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services; Craig Doolan, Manager Financial Services         

 

Summary:

 

Fit for the Future self-assessment tool, templates and guidance material to assist councils to complete their Fit for the Future submissions have now been released.  The self-assessment tool is used to review Council’s current performance (until 30 Junes 2014), it indicates Council currently meets the benchmark rating in two of the seven ratios used.  The ratios are based on General Fund only, water and sewerage sustainability are accessed using a different process.

 

BENCHMARK

 

RESULT

 

MEETS FFTF BENCHMARK

 

Operating Performance Ratio (greater or equal to break-even average over 3 years)

 

-17.80%

 

NO

 

Own Source Revenue Ratio (greater than 60% average over 3 years)

 

60.95%

 

YES

 

Building and Infrastructure Asset Renewal Ratio (greater than 100% average over 3 years)

 

70.33%

 

NO

 

Infrastructure Backlog Ratio (less than 2%)

 

10.00%

 

NO

 

Asset Maintenance Ratio  (greater than 100% average over 3 years)

 

68.94%

 

NO

 

Debt Service Ratio (greater than 0 and less than or equal to 20% average over 3 years)

 

5.66%

 

YES

 

A decrease in Real Operating Expenditure per capita over time

 

Increasing

 

NO

 

 

This is a starting point in the development of Council’s Fit for the Future submission which is due 30th June 2015.  The time line below is taken from the guide to completing the Council Improvement Template and describes the recommended process to developing the submission.

 

Recommendation:

 

That the Fit for the Future self-assessment results be noted and received for information by Council

 

 

 

OPTIONS:

 

This report is for information, no options are offered.

 

 

DISCUSSION:

 

This report is to inform Council of the results from the Fit for the Future self-assessment tool.  The tool and other guidance material were released by the Office of Local Government late Friday, 31st October 2014.  The results are the “first cut” and may be subject to further refinement if additional guidance is received. The results can be considered a reliable indication of Council’s performance against the benchmarks.  A copy of output from the self-assessment tool is attached.

 

An action plan for the preparation of Nambucca Shire’s Fit for the Future submission will be developed for Council’s consideration.

 

 

CONSULTATION:

Fay Hawthorne – Accountant

Michael Coulter – General Manager

 

 

SUSTAINABILITY ASSESSMENT

 

The ratios all relate to financial sustainability.

 

 

FINANCIAL IMPLICATIONS:

 

The ratios all relate to financial sustainability.

 

 

Attachments:

1

32843/2014 - Fit for the Future Self Assessment Tool

 

  


Ordinary Council Meeting - 13 November 2014

Fit for the Future Self Assessment Tool

 

























Ordinary Council Meeting                                                                                            13 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.2    SF544              131114         Developer Contributions Report - Draft Final Community Needs and Public Open Space Study

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The Draft Final Community Facilities and Public Open Space Study has been completed by Suter Planning; a pre-final draft copy was distributed to Councillors on 23 October 2014 for consideration of the study’s main findings. The only difference between the pre-final draft distributed earlier and the version attached to this report is the addition of the executive summary, photographs, maps and formatting and correction of typographical errors.

 

Council is now being asked to identify any required changes before the Draft Final study is released for  public comment beginning 4 December and ending 29 January. There is no statutory requirement for the study to undergo public consultation, however there was a large degree of interest in the study by community groups and they are likely to have an interest in the study’s recommendations. 

 

The study generally finds the level of provision of community facilities and public open space sufficient for the population of Nambucca Shire, and recommends focussing on the maintenance and improvement of existing facilities as opposed to provision of new.

 

Following public consultation and the consideration of comments received, the final study will be recommended for approval by Council. The final study will provide input into the review of the Community Facilities and Public Open Space Development Contribution Plan. The review will be completed in early 2015, with an update of population projections for Nambucca Shire as well as the development of a new works schedule. The draft CFPOS Contribution Plan will be subject to 28 days’ public consultation.

 

 

Recommendations:

 

1        That Councillors’ changes, if any, be incorporated into the Draft Final Community Facilities and Public Open Space study.  

 

2        That following these changes, the Draft Final CFPOS study be on public consultation from 4 December 2014 to 29 January 2015.

 

 

OPTIONS:

 

That Council not approve the draft final study go to public consultation and that more work is required before the study is ready for release.

 

DISCUSSION

 

Suter Planning conducted the study into the Shire’s current and future community facilities and public open space needs. The main aim of the study is to inform the review of the Community Facilities and Public Open Space Contribution Plan 2008, specifically the development of the new works schedule, an integral part of the plan. The information gathered in the study will also be used in a range of other contexts, including community strategic planning under the Local Government Integrated Planning and Reporting Framework and land use planning, as well as supporting future grant applications.

 

The consultation associated with the study to date included three community workshops and two staff workshops. Surveys were distributed via Council’s website, by mailout to relevant Committees of Management and to area sporting groups.

 

The key messages from the study are:

 

Community Facilities

 

§ Nambucca Shire has a high provision of community facilities and particularly community halls. Additional facilities are therefore unlikely to be required, unless this is to replace an existing facility. 

§ A number of the community halls are ageing and declining in condition and some appear to receive limited use.  Strategies that broaden usage and increase the community benefit of community halls are required, or some halls may need to be consolidated if they cannot be maintained.

§ Whilst there is a high provision of community facilities in the Shire, it will be important to provide some community facilities across the non-urban and rural areas given around 35% of the Shire’s population live outside of the main towns.  However, it will also be important to ensure facilities are well used to ensure the best use of limited resources.

 

§ A targeted approach to upgrading and resourcing community facilities is required taking hierarchy, community benefit and priority needs into consideration.  This includes identifying key facilities that justify improvements such as the libraries, the aquatic centre and the main community centres.

§ Council and communities do not have the resources to upgrade all facilities with existing available resources.  Community commitments and opportunities for social enterprise will be essential to maintain and achieve improvements to community facilities.

 

Open Space

 

§ Nambucca Shire has a high provision of open space and particularly natural areas and sportsgrounds.  As such, additional open space should not be required as the population grows, except to cater for the immediate local needs of new development areas or if the land has conservation or connectivity significance.

§ Whilst the provision of open space is high, the Shire does not have an overly high provision of recreation open space and the quality of recreation parks is relatively poor.  An emphasis should therefore be placed on enhancing recreation parks and creating some higher level recreation destinations that cater for residents and attract and support visitors.

§ There is potential and justification to increase and enhance playgrounds (to create more innovative playspaces) and broaden the activity opportunities for young people through facilities within recreation parks such as basketball keys, bike jumps and paths suitable for bikes, scooters and skateboards. 

§ There is potential to increase the quality of sportsgrounds in the Shire and in particular there is a need to upgrade and consolidate buildings over time.  Many of the sports club buildings are not being well maintained by the users and strategies for achieving improved buildings and infrastructure are required.

 

§ The natural environment is highly valued by residents and visitors and as such should be protected and maintained.  Some natural areas require rejuvenation and there is potential for natural vegetation and wetlands to be increased in the urban areas, e.g. urban forests and habitat corridors where the land is less suitable for sport or recreation.

§ Trails and footpaths are important given the potential high participation in walking and cycling and in response to community feedback.  Opportunities for increasing the ‘walkability’ of towns should continue to be identified.

§ Opportunities for supporting visitors and increasing activity opportunities within natural settings such as boat ramps, canoeing and kayaking launch sites, managed camping areas and walking and cycle tracks, should be considered to strengthen tourism and broaden activity opportunities for residents.

§ Vandalism within open space and particularly to amenities and buildings is a major issue and strategies that reduce the risks need to be considered.

The study provides strategies for improving specific facilities which are too detailed to relate here. The study also includes separate appendices which contains the study methodology, contributing reports, and consultation outcomes. Please note that there are technical issues with the mapping which Council’s GIS Officer is fixing and some of the maps are wrong.

 

CONSULTATION:

 

General Manager

Manager Community Development

Manager Business Development

Manager Assets

Manager Technical Services

Strategic Planner

Technical Officer – Assets

Parks and Reserves Supervisor

Community, including Committees of Management and representatives of area sporting groups

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts associated with the environment in relation to this report.

 

Social

 

The study will help ensure the community facilities and public open space works identified in the CFPOS plan meet the needs of the community.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no impacts on current and future budgets associated with this stage of the study.

 

Source of fund and any variance to working funds

 

Section 94 funds.

 

Service level changes and resourcing/staff implications

 

No change or implications.

 

Attachments:

1

32731/2014 - Draft Final Community Facilities and Public Open Space Study November 2014 - Suter Planners

 

  


Ordinary Council Meeting - 13 November 2014

Developer Contributions Report - Draft Final Community Needs and Public Open Space Study

 






































































































Ordinary Council Meeting                                                                                            13 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1991            131114         Investment Report To 31 October 2014

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2014 to 31 October 2014 is                 $406,767 (Cash Result)

Estimated Accrual interest up to 30.6.15 is                                                   $751.630

Anticipated interest return for financial year is                                               $1,158,397.

 

The budget allocation for the financial year “2014/15” is                                 $1,315,100.

 

Council currently has $28.716 Million invested:

·      $ 5.594               Million with Managed Funds,

·      $ 0.513               Million with On Call Accounts

·      $ 22.0935           Million on Term Deposits

·      $ 0.516               Million in a Floating Rate Note.

 

This report details all the investments placed during October and Council funds invested as at 31 October 2014.

 

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

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 October 2014 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during October 2014 and Council funds invested as at October 2014.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2014/2015 based on current performance.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            13 November 2014

Corporate Services

ITEM 10.4    SF251              131114         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

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                                                                                            13 November 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2008            131114         Macksville Fun and Fitness Precinct Project

 

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

 

Summary:

 

This report provides Council with a progress update on Macksville Fun and Fitness Precinct Project following the receipt a substantial grant of $975,565 from the NSW Government ClubGRANTS Category 3 Scheme.

 

 

Recommendation:

 

That Council receive and note the report

 

 

OPTIONS:

 

The proposed works have been consulted with all the stakeholders using the facilities and they have agreed to the scope of the works proposed by Council staff.

 

 

DISCUSSION:

 

The redevelopment of a fitness precinct at Macksville Park has an overall project cost $1,225,565.00 made up from the following funding sources:

 

·      $975,565 funding from the State government ClubGRANTS program

·      $100,000 funding from Nambucca Shire Council and in-kind support

·      $25,000 grant from the NSW Office of Sport

·      $125,000 from Section 94 Contributions.

 

The grant is for an upgrade to the existing facilities in the park as well as value adding new infrastructure, making the precinct a modern and more easily accessible space for the community which will bring together the entire area into a redeveloped fitness precinct.

 

The grant application encompassed a number of staff who contributed to the components of the grant as well as the various stakeholders who use the facilities.  Primarily the works include:

 

·      A new community recreation room attached to the swimming pool complex

·      Lighting of the Willis Street oval for touch football and other sports

·      A rejuvenated skate park

·      Some 1200m of walking/running/cycle trails around the entire site

·      Landscaping.

 

Work progress

 

·   The staff who contributed to the components of the grant has met as an internal project team to discuss the concept design, scope of works, risk management, asset management and the delivery of the program.

·   A project manager funded under the grant has been engaged (Mr John Hembry) to manage the tenders and design and delivery of the project.

·      Letterbox drop to the residents along Willis Street advising them of the works.

·   Consultation with stake holders (as listed under consultation within this report) the design layout has been completed and will be presented to Councillors at this meeting for their information.

·   Removal of designated trees and commencement of walking/running/cycle trails adjacent to the netball courts.

·   Brief developed and quotations will be called for the design of the skate park during November. A preferred company will then be engaged for the design with tenders anticipated to be called for the construction in February 2015.

·   Brief developed and quotations will be called for the design of the community recreation room during November.  A preferred company will then be engaged for the design with tenders anticipated to be called for construction in February 2015.

·   Brief has been developed for the design of the lighting and discussions held with potential suppliers. Design to be developed with tenders anticipated to be called for construction in February 2015.

 

 

CONSULTATION:

 

·      YMCA Macksville Memorial Aquatic Centre

·      Macksville Sea Eagles Rugby League Club

·      Macksville Cricket Club

·      Macksville Skate Park Project Committee

·      Nambucca Touch Football

·      Nambucca Valley Netball Association

·      Macksville Tennis Club

·      Macksville Park and Sports Committee

·      General Manager and various staff on the project team

·      Residents of Willis Street (advising of tree removal and new lighting).

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A number of trees have been identified for removal and will be replaced with suitable trees that will provide shading/screening to the area and not cause damage to infrastructure.  Landscaping has included low maintenance native shrubs/plants.

 

Social

 

There social benefits associated with the project providing a modern and easily accessible space for the community which will bring together the entire area into a redeveloped fitness precinct.

 

Economic

 

There are potential economic benefits with tourists or passing traffic stopping to utilise the area as a rest break.

 

Risk

 

Council under the Local Government Act and Regulations require a tender for a number of the components.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council has committed funding towards the project within the 2014/15 budget.

 

Source of funds and any variance to working funds

 

There is no variance to working funds associated with this report.

Source of funds are provided as listed below:

 

·      $975,565 funding from the State government ClubGRANTS program

·      $100,000 funding from Nambucca Shire Council and in-kind support

·      $25,000 grant from the NSW Office of Sport

·      $125,000 from Section 94 Contributions.

 

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

There are no attachments for this report.