NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

27 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 - 27 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  - Father Michael from the Catholic Church

          INTRODUCTION OF NEW STAFF:

          Mr Tim Shields - Information Communication Technology Officer

          Mr Matt Leibrandt  - Manager Infrastructure Services (formerly Manager Civil Works)

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 13 November 2014.............................................................................. 6

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave - Cr Rhonda Hoban (Mayor)  (SF346)....................... 13  

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     Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014.............................................................................................................................. 21

9.3     Nambucca Shire Council Centenary Year 2015.................................................................. 24

9.4     DA 2001/096 Modification Valla Quarry Lot100, 101, 104 DP1118337 491 Valla Rd Valla.... 27

9.5     Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 November to 19 November 2014........................................................................... 32

9.6     Council Ranger's Report October 2014............................................................................ 36

9.7     Frank Partridge VC Military Museum - Request for Waiving of Tip Fees to Dispose of Asbestos and Assistance with Concreting............................................................................................. 41

9.8     Licence Agreement for Occupation of Land for Caravan Park Encroachments, Advertising Sign and Pontoon - White Albatross Caravan Park......................................................................... 43

9.9     Macksville Heights Estate Subdivision - Classification of Site of Sewerage Pumping Station as Operational Land............................................................................................................ 72

10      Assistant General Manager Corporate Services Report

10.1   Fit For the Future - Scale and Capacity............................................................................ 75

10.2   Local Infrastructure Renewal Program - Borrowing Program............................................. 181

10.3   Schedule of Council Public Meetings............................................................................. 184

10.4   September 2014 Budget Review.................................................................................... 185

10.5   Annual Report 2013-2014............................................................................................... 248

11      Assistant General Manager Engineering Services Report

11.1   Capital Works Report - September 2014......................................................................... 413

11.2   Tender for Supply and Delivery of Ready Mixed Concrete (T151415MNC)........................ 413

11.3   Off River Storage Project - Recreation Management Plan................................................ 413

11.4   Bowraville Sewerage Treatment Plan - Proposed Constructed Wetland and Improvements to Reuse Water Quality................................................................................................................ 413    

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.

 

12.2   Prepare a Centenary History of Nambucca Shire Council - Proposal from Ms Carrolline Rhodes

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

 

12.3   Local Infrastructure Renewal Program - Borrowing Program - Confidential Attachment

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

12.4   Tender for Supply and Delivery of Ready Mixed Concrete (T151415MNC) - Confidential Attachments

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 13 November 2014

The following document is the minutes of the Ordinary Council meeting held 13 November 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 27 November 2014 and therefore subject to change.  Please refer to the minutes of 27 November 2014 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Anne Smyth

Cr Elaine South

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Bob Morrison and Cr John Ainsworth are on approved leave.

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate under the Local Government Act as Cr MacDonald’s sister owns the adjoining property and it may affect the price of her property or amenity.  Cr MacDonald left the meeting for this

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.2 Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014 under the Local Government Act as Cr Hoban was involved in negotiating the Conditions of Consent for this quarry prior to becoming a Councillor.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 October 2014

 

534/14 RESOLVED:        (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 30 October 2014 be confirmed.

 

 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

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

          i)       Mrs Joy Sheather—Land owner

          ii)      Mr Noel Sheather—Land owner

 

Mrs Sheather addressed Council making the following points:

·    Wants to set record straight as to false and misleading report to Council

·    Referred to unconscionable behaviour by Council staff

·    RMS does not levy rates

·    2013 they were disposed of their property for highway upgrade

·    Agreement made with RMS

·    Upon settlement second quarterly rates were paid to Council

·    Council advised they had an outstanding rate

·    Corrected 3rd instalment notice issued by Council’

·    They and Mr McIlwain did not wish to pay rates on land  no longer owned

·    Two new valuations issued by Valuer General

·    Council refused to issue new rate notice for two quarters in question

·    Received letter of demand which was bullying and intimidating

·    Sheather’s and Mr McIlwain have been threatened with legal action by Council

·    Council advised it would not be lawful to issue revise rate notices

·    Nine rate notices issued for same land to different parties for different amounts

·    Three different land titles amalgamated into one title

·    If Council has not budget for rates it is their fault

·    They are fighting a principle not the amount of money

·    Council should make sure it is dealing with the right parties

·    Gross incompetence has been shown by Council – want matter resolved not noted.

 

Mr Sheather addressed Council making the following points:

 

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

535/14 RESOLVED:        (Flack/Smyth)

 

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.

 

536/14 Resolved:        (Hoban/Flack)

 

That Council write to the Minister for Roads with a copy to the Local Member pointing out the issues created when the RMS resume land without making clear in their standard contracts the liability for rates.  Further, that the RMS should be obtaining Section 603 certificates and ensuring that the balance for the year is paid.  Further, that the Council request the RMS pay the balance of rates payable on any of the properties they acquire.

 

 

DELEGATIONS continued

 

537/14 Resolved:        (South/Flack)

 

That Mr Paul Burgess be given the opportunity to address Council on Item 9.3 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate.

 

 

Cr MacDonald left the meeting for Item 9.3 at 6.12 pm and returned after the conclusion of the item at 6.21 pm.

 

Mr Burgess addressed Council making the following points:

 

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

538/14 RESOLVED:        (Finlayson/Smyth)

 

That this matter be deferred for one month to allow time for Mr Burgess to provide documents to Council in regard to his water rights.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                131114      Outstanding Actions and Reports

539/14 RESOLVED:        (Flack/Smyth)

 

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

 

 

 

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

540/14 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF639                131114      Changes to the Organisation Structure

541/14 RESOLVED:        (MacDonald/Finlayson)

 

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.

 

542/14 Resolved:        (Hoban/MacDonald)

 

That Council formally acknowledge the performance, output and quality of the work of the Manager Human Resources and the Payroll Officer.

 

543/14 Resolved:        (Flack/Smyth)

 

That Council receive a report on how youth services will be maintained under the new structure.

 

 

Item 9.5 was dealt with under Delegations.

 

 

 

ITEM 9.6      SF430                131114      New Flying Fox Management Strategy

544/14 RESOLVED:        (Finlayson/MacDonald)

 

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.

 

 

 

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

545/14 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

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

546/14 RESOLVED:        (Finlayson/South)

 

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 plan to SP2 (Waste Management Facility) attached to the report.

 

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.

 

 

 

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

547/14 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

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

548/14 RESOLVED:        (Smyth/Finlayson)

 

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

 

 

 

General Manager Report – LATE

 

ITEM 9.11    SF1496              131114      Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting - 30 October 2014

549/14 RESOLVED:        (Finlayson/Flack)

 

1        That Council endorses the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Thursday 30 October 2014.

 

2        That Council becomes a fish-friendly Council and invites a Fisheries representative to provide a fish-friendly workshop to relevant Council staff and any interested Councillors and Committee members.

 

3        That Council proceeds to accept the tender by WMA Water for T031/2014 – Flood Risk Management Study and Plan project.

 

2        That Council updates the Contract Register.

 

For the motion:      Councillors Flack, Smyth, Finlayson, MacDonald and Smyth              (Total 5)

Against the motion: Cr Hoban             (Total 1)

 

Note:  Cr Hoban recorded her vote against the motion because the report was a late report and there was no mention of the tender amount.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              131114      Fit for the Future Self-Assessment Tool

550/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

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

551/14 RESOLVED:        (Smyth/Flack)

 

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 Community Facilities and Public Open Space Study be on public consultation from 4 December 2014 to 29 January 2015.

 

 

 

ITEM 10.3    SF1991              131114      Investment Report To 31 October 2014

552/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

ITEM 10.4    SF251                131114      Schedule of Council Public Meetings

553/14 RESOLVED:        (Flack/South)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2008              131114      Macksville Fun and Fitness Precinct Project

554/14 RESOLVED:        (Finlayson/Flack)

 

That Council receive and note the report

 

    

 

The meeting adjourned at 7.37.

The meeting resumed at 8.12 pm.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

555/14 RESOLVED:        (Finlayson/Flack)

 

That Council defer the two items listed for Closed Meeting:

 

i)          General Manager's Performance Review

ii)        Ii)       Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.15 pm. 

 

Confirmed and signed by the Mayor on 27 November 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

 

 

    


Ordinary Council Meeting                                                                                            27 November 2014

Notice of Motion

ITEM 5.1      SF1933            271114         Notice of Motion - Request for Leave - Cr Rhonda Hoban (Mayor)  (SF346)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

I am requesting leave to attend my daughter’s graduation – 15 to 19 December 2014 inclusive.

 

 

Recommendation:

 

That Cr Rhonda Hoban (Mayor) be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Monday 15 December to Friday 19 December 2014 inclusive.

 

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                            27 November 2014

General Manager

ITEM 9.1      SF959              271114         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.

At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood 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.

 

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. 

Draft Presentation partially complete, deferred to due staff on leave and development for Fit for the future response.  Will be conducted early in the new year as part of the IP&R process.

 

 

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.

Manager Business Development on leave – will need to defer to meeting in December 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

Next round of the Government’s dredging program has been announced with applications closing 15 December 2014. If successful will require matching funding from Council.  Grants Officer and Strategic Planner will be lodging an application for funding to employ a consultant to prepare and cost a program of maintenance dredging.

 

 

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 Joint Venture (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.

The AGMES is preparing a detailed proposal for a change to the organisation structure of the outdoor workforce which will be reported to the Council meeting on 29 January 2015.  The deferral will allow for some input by Council’s new Manager Infrastructure Services, Mr Matt Leibrandt.  The report will assess and recommend on option/s to reduce staffing levels in the outdoor workforce.  There will also be a report to Council’s meeting on 11 December on a general call for voluntary redundancies.

 

 

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.  Council’s solicitor instructed to act on Council’s behalf in trying to reach agreement for a meeting.

 

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

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.

 

30

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

 

31

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

 

32

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.

 

NOVEMBER 2014

 

33

SF841

13/11/14

Council write to the Min. for Roads with a copy to the Local Member pointing out the issues created when the RMS resume land without making clear in the standard contracts the liability for rates….

 

GM

Letter to Minister sent by Mayor w/e 21/11/14

 

34

SF639

13/11/14

That Council receive a report on how youth services will be maintained under the new structure.

 

GM

Report in December 2014.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                            27 November 2014

General Manager

ITEM 9.2      DA2001/096      271114         Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

Council note the instructions provided to its solicitors Norton Rose Fulbright and the outcome of the directions hearing on 3 November 2014.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

This report was submitted to Council’s meeting on 13 November 2014 for consideration in closed meeting on the grounds that it would be privileged from production in legal proceedings because of legal professional privilege.   The report was then deferred from the meeting on 13 November.

 

Further consideration has been given to weighting the prejudice which might be caused to Council’s legal standing versus the public interest in being transparent as to the position Council intends to put to the Court.  The public interest will be more significant at this meeting considering another report on the agenda concerning Council’s position on a statement of facts and contentions.  On balance it is considered that the public interest in informing the community about Council’s approach to the appeal outweighs the minor risk of potential prejudice to Council’s legal position.

 

Council is aware that the Valla Quarry (Quarry Solutions Pty Ltd) has lodged a Class 1 application in the Land and Environment Court in relation to a modification application which amongst other matters seeks to increase the annual extraction volume from the 79,500m3 recently approved by Council (for a period of 5 years) to 110,000m3.

 

Norton Rose Fulbright have been engaged to act on Council’s behalf in the proceedings.  In the first instance they have been instructed to provide Council with advice as to whether or not Council can contest the matter being determined by the Court and secondly if the Court elects to determine the application what options are available to Council as to the role it may play in the appeal.

 

Preparatory to a directions hearing held on 3 November 2014, Norton Rose Fulbright sought instructions from Council in relation to various options for the conduct of the appeal.

 

Following a teleconference with Council’s solicitors on 31 October 2014 it was decided to seek the agreement of the applicant to a single party expert to consider the matters of noise, blasting, dust, and road impacts/safety.  The expectation is that the single party expert would, amongst other things, provide an assessment that in relation to these matters whether or not the application is properly a modification ie, substantially the same development.  A single party expert has to be agreed by both parties which each party paying 50% of the expert’s costs.

 

Failing agreement to a single party expert Council would seek a Court appointed expert.  On the basis of the appointment of a single party expert or court appointed expert, Council would submit to a binding Section 34 Conciliation Conference.  The Conciliation Conference would allow a number of objectors to be heard with the Commissioner making a determination following a site inspection and hearing from parties, probably at the Macksville Court House.

 

The public notification of the application commenced on 30 October 2014 and concludes on 14 November 2014.  The Council has written to the RMS and OEH seeking their comments.

 

At the directions hearing, the Court made the following orders:

 

1.       The Respondent is to publicly notify the application for modification that is the subject of the    proceedings until 14 November 2014.

 

2.       The Respondent is to file and serve its statement of facts and contentions by Friday 5 December        2014.

 

3.       The Applicant may file and serve a statement of facts and contentions in reply by Wednesday 10        December 2014.

 

4.       The matter is listed for further directions on 12 December 2014.

 

Norton Rose Fulbright have now sent a letter of engagement to Council providing a fee estimate.  They advise that it is difficult at this stage to give an estimate of costs but note Council’s concerns about costs.  They advise that costs will depend on Council’s position and whether it defends the proceedings, the issues involved, the extent of resident involvement and whether the matter is determined at s34 conference (and does not proceed to a hearing).  Based on the scope above and other assumptions, they estimate that their fees, if determined at a s34 conference will be $13,000 - $18,000.  If the matter is unresolved at a s34 conference and proceeds to hearing, they estimate their fees will be between $28,000 and $38,000.

 

 

CONSULTATION:

 

I have met with long standing objectors to the quarry, Peter Sobey, Susan Jenvey and Lotus Cavagnino in relation to the appeal and the approach Council will take.  I believe that the process described above should satisfy them in terms of their expectation of independent and expert scrutiny.  They also wanted the opportunity to be heard by the Court and this will be provided for in the Conciliation conference.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage the implications for the environment are unknown.

 

Social

 

At this stage the social implications are unknown.

 

Economic

 

At this stage the economic implications are unknown.

 

Risk

 

There is a significant risk that Council will incur significant unbudgeted legal expenses.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the appeal is likely to cost Council at least $13,000 in legal expenses.  If there is agreement to a single party expert or if there is a court appointed expert, Council would face further costs in the part funding of that expert.

 

If the matter were to proceed to a full hearing with Council paying for its own experts, then the cost to Council could be upwards of $70,000.

 

Source of fund and any variance to working funds

 

There will be a negative impact on working funds of at least $13,000 and almost certainly more.

 

Service level changes and resourcing/staff implications

 

There will be need for Council staff to attend to the matter and provide instructions to Council’s solicitor.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.3      SF2031            271114         Nambucca Shire Council Centenary Year 2015

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Nambucca Shire Council was constituted on 15 December 1915.

 

A number of suggestions have been forthcoming as to how the Council should acknowledge and celebrate its centenary year.

 

The report discusses the suggestions and recommends a number of commemorative undertakings.

 

 

Recommendation:

 

1        That Ms Carroline Rhodes be commissioned to author a book telling the history of Nambucca Shire Council generally in accordance with her proposal and with a suitable agreement to be drafted by Council’s solicitor.  That Council’s seal be attached to the agreement if required.

 

2        That Ms Joy Lane be advised that Council accepts the proposal put forward by all four museums of the Nambucca Valley to produce a calendar with photographs of the area over the past 100 years with Council covering publishing and printing costs with revenue from the sale of the calendars being reimbursed to Council to offset expenses, and with any net profit being retained by the museums.

 

3        That Council’s 2015/2016 budget consider an additional, third flag pole to be located at the front of the Administrative Centre.

 

4        That Council’s 2015/2016 budget consider a commemorative board for the Council Chambers acknowledging the names of all councillors and council staff who served the council in its centenary year.

 

 

OPTIONS:

 

There are many potential ways of acknowledging and celebrating the Council’s centenary year.

 

DISCUSSION:

 

Nambucca Shire Council was constituted on 15 December 1915.

 

A number of suggestions have been forthcoming as to how the Council should acknowledge and celebrate its centenary year.

 

Preparation of a History of the Council

 

Ms Carrolline Rhodes has submitted a proposal to produce a paperback history of the Council with a proposed publication date of December 2015.  A copy of Ms Rhodes proposal which does contain some information which is “commercial in confidence” is included in this business paper as a closed report.

 

Ms Rhodes has recently published Telling the Tale of Talarm and has undertaken four other commissioned histories over the past ten years.  She lists her skills as:

 

·      The collection and archiving of oral histories

·      Researching histories

·      The ability to write histories that illuminate as well as inform.  The style of writing is categorised as narrative non-fiction which aims to tell an engaging story, rather than simply reporting facts.

·      The design and layout of books, published in both paperback and hardcover format.

·      The design of a suitable cover that meets a printer’s standards

·      Established relationships with printers.

 

Ms Rhodes is offering her expertise as a writer and book designer free of charge as a community services, although she would claim expenses such as car travel and printing.

 

Based on Ms Rhodes proposal it is entirely possible that the endeavour, based on a nominal book price of $25, will yield a profit.

 

Given Ms Rhodes proven ability as an author and the proposed financial arrangements which see little risk to Council, it is recommended that Council proceed to engage Ms Rhodes and that a suitable agreement for the engagement be drafted by Council’s solicitor.

 

Ms Rhodes has requested that between offer and acceptance, there should be a meeting to clarify access to material and the nature of the book.  It is proposed that Ms Rhodes have access to all of the information in Council’s minute books and other historical records after receiving a briefing on the provisions of Council’s Code of Conduct and the Privacy and Personal Information Protection Act (PIPPA) 1998.

 

It is not proposed that Ms Rhodes be provided with any special instructions as to the content of the book, except that it should specifically address a distinguishing feature of the Council being the contribution of volunteers.

 

In terms of the required lead time to prepare a history of the Council, if the project is to proceed it is important that it be commissioned in the immediate future.

 

Preparation of a Calendar of Photographs

 

Ms Joy Lane, President of the Mary Boulton Pioneer Cottage and Museum has written to Council on behalf of all four museums in the Nambucca Valley who have offered to produce a calendar with photographs of the area of the last one hundred years.  The costs of producing a calendar have not been established but it is proposed that Council proceed to engage the Museums to produce a calendar of photographs with Council to meet the publishing and printing costs.  The revenue from the sale of the calendars would be reimbursed to Council to offset the expenses, with any profit being retained by the Museums.

 

Commemorative Public Art

 

A suggestion was received from Cr Flack for a piece of commemorative public art.

 

A major issue with a substantive piece of public art will be its potential cost.  Given Council’s financial situation it will be difficult to make a substantial financial commitment to public art.

 

As it is the Council’s centenary it is recommended that any commemorative public art be located at the Administration Centre.

 

Whilst it is not public art, a functional addition to the Administration Centre would be a third flag pole.  There have been a number of special events where Council has agreed to fly a flag in front of its Administrative Centre.  The most recent example was the centenary celebration for Red Cross.  This necessitated removing the Aboriginal flag for the day/days required to fly the other flag.  An additional, third flag pole would provide for these special occasions as well as being a commemorative installation.  Outside special occasions it could fly a flag displaying the Council logo.

 

Commemorative Board

 

Consistent with the use of commemorative boards in the Council Chambers to celebrate major milestones, it is recommended that a commemorative board be prepared to acknowledge the names of all councillors and all Council staff who served Council in its the centenary year.  With slightly smaller font for Council staff it will be possible to incorporate the names of all councillors and staff on a commemorative board of a similar size to those in the Council Chambers.

 

Recent work done for the Australia Day Committee in preparing commemorative boards for Nambucca Valley recipients of Australian Honours and also for the Australia Day Citizen of the Year indicates that a commemorative board can be constructed for about $200 plus the cost of signwriting.

 

CONSULTATION:

 

There has been consultation with Councillors, Ms Joy Lane, Ms Carrolline Rhodes and with Council’s Grants and Contributions Officer.

 

A suggestion has also been received that a Committee be established to consider options for commemoration and celebration.  Given the available staff resources the formation of a new Section 355 Committee of Management is not recommended.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

The centenary of the Council comes at a time when its continued sustainability is arguably under more pressure than at any time in its history.  Over many decades the gradual withdrawal of Commonwealth and State Government funding from local government has produced a situation where the Council has been rated by the NSW Treasury Corporation as having weak financial sustainability with a negative outlook.  This financial situation is in turn placing pressure on the State Government to trial (pilot) new forms of service delivery.  Over the past five years there have been reports variously recommending the establishment of regional water utilities and more recently the establishment of Joint Organisations.  Such initiatives will potentially reduce the Council’s functional operations and make it more difficult to sustain its overheads.

 

The challenge ahead for the Council will be adapting to a new regionally based structure whilst at the same time providing for the local delivery of services in a financially sustainable manner.

 

Economic

There are no significant economic implications.

 

Risk

The risks associated with the proposed commemorative undertakings are minimal.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The proposed commemorative arrangements will have minimal budgetary impact.

 

Source of fund and any variance to working funds

At this stage there would only be a minor impact on working funds being some expenses for Ms Carrolline Rhodes and for the Museums in the preparation of a calendar.

 

Service level changes and resourcing/staff implications

The recommendations will have minimal service level and staffing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.4      DA2001/096      271114         DA 2001/096 Modification Valla Quarry Lot100, 101, 104 DP1118337 491 Valla Rd Valla

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment         

 

Summary:

 

Extensions to Valla Quarry (Marriott’s Quarry) Valla Road Valla were approved by the Land and Environment Court on 18/11/2002 subject to numerous conditions including the life of the extraction ceasing when 950,000cubic metres (in situ) has been extracted at a maximum annual extraction rate of 50,000 cubic metres (in situ).

 

Council was made aware at the 28/08/2013 meeting (Item 12.1) that the Quarry had exceeded the extraction limit and advised that the Quarry operator was preparing an application for modification of the existing consent to increase the annual extraction rate to 79,500 cubic metres (in situ).

 

The application was lodged on the 27/09/2013 by the applicant Groundwork Plus together with legal advice as to how the application met the requirements of Section 96 of the Environmental Planning and Assessment Act as a modification requiring that the proposal be ‘substantially the same’.

 

 Council resolved to approve the modification as follows:

 

1        That the application be approved for a twelve (12) month period only with a review at the end of that time.

2        That there be telephone notification of proposed blasting to all residents within a 2 km radius of the quarry.

3        That the modifications not be released until the land purchases resolving noise issues have been finalised.

4        That building inspections be undertaken where requested by concerned residents, detailing the present condition of any structures on the property.

5        That the quarry operator develop an appropriate Code of Conduct for truck drivers transporting quarry product on public roads.  The Code of Conduct is to be referred to Council for endorsement.

6        That Council formally request the Quarry to cease operations on a Saturday.

 

The applicant lodged a further modification seeking to modify conditions 1 & 2 above removing the 12 month evaluation and review period as it did not provide certainty for contract tendering as well as reverting to the existing arrangements for blast notification.

 

Council resolved to approve this modification as follows:

 

That the 12 month review aspect of condition 12 be removed and that council issue a time limited consent for the annual extraction of 79,500 cubic metres (in situ) per annum for a period of five years after which the consent reverts to the original extraction rate of 50,000 m3 (in situ) per annum.

 

That except in circumstances where urgent blasting is required for reasons of safety only, notification, advising two days prior to any blasting being undertaken on the site, shall be made to Council and the occupiers of properties within a 2km radius of the site by means acceptable to the occupiers, being telephone, e-mail or letter. Notification procedures are to be specified in the EM&RP. In the event that urgent blasting takes place for safety reasons the applicant shall notify the Council in writing of the reasons for such blasting and its nature, within 24 hours of the blasting occurring.

 

The applicants Groundwork Plus have now lodged a further modification directly to the Land and Environment court in accordance with Cause 96(8) of the Environmental Planning and Assessment Act. The proposal seeks a further modified extraction limit of 110,000 m3; the removal of the 5 year consent limitation; and to modify several other conditions to resolve a number of administrative errors, align conditions with leading practice environmental management measures and reflect the updated Quarry Environmental Management Plan (QEMP) which has been accepted by council.

 

Councils statutory role in this modification is to advertise and notify the application to all previously notified parties/properties and Government agencies. Whilst council is not the consenting authority, the court requires a statement of facts and contentions which has necessitated a comprehensive review of the application.

 

The attached statement of facts and contentions is proposed to be submitted to the Land and Environment Court.  The Court has issued orders requiring its lodgement by Friday 5 December 2014.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

 

Recommendation:

 

1.       That the Land and Environment Court be advised that there is insufficient information in the application in relation to the increased operation of the rock drill to make a determination as to whether or not it is substantially the same development.

 

2.       That Council’s Manager Development and Environment be provided with delegated authority to finalise and submit to the Land and Environment Court, Council’s Statement of Facts and Contentions by 5 December 2014.

 

 

OPTIONS:

 

Council could challenge the application not being a modification for the reason that it is not “substantially the same” development.

 

Council could form an alternative position on the matter of the proposed modification

 

DISCUSSION:

 

Section 96 provisions cannot be used to radically transform a development through a series of incremental modifications and accordingly any modification made must be compared with the original approval.  A determination must be made as to whether not council agrees with the premise that the development is ‘substantially the same’ development as previously approved.

 

The applicants legal team have provided case law in support of the application being ‘substantially the same’ and accordingly the applicant for the quarry submits that the modification to the original approval does not alter the approved land use, development footprint, staging plans, method of extraction, equipment, plant, operating hours, total extraction limit (950,000m3), total truck movements over the life of the quarry nor the finished landform.

 

The proposed annual extraction rate is 120% greater than originally approved. On first reaction it would appear obvious that a more than doubling of the production rate could not be construed to be substantially the same however the council must weigh up the quantitative and qualitative merits of the proposal.

 

There is some case law to assist Council in understanding how the Land and Environment Court has approached the question as whether a development is ‘substantially the same”

 

Champions Quarry Pty Limited v Lismore City Council [2011] NSWLEC 1124

In summary the cumulative impacts of the quarry resulted in a refusal to allow an expansion from 50,000 tonnes per year to 200,000 tonnes per year. The quarry was refused because of, amongst other things, the cumulative impacts of bund construction on visual amenity.

Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153; (2009) 169 LGERA 45:

In this matter the Court tended to agree with the council's submissions to the extent that if the amendments require significant assessment by the consent authority then they are less likely to constitute minor amendments for the purpose of the provision.

With reference to the impacts upon affected neighbouring residents the Court has previously found that this requires a conventional planning assessment of whether or not there are any impacts of the proposed quarry that either warrant refusal of the proposal outright or, when taken together with other impacts, contribute to a cumulative effect that would warrant refusal of the proposal.


The Court of Appeal has recently restated the proposition that section  96 is a facultative, beneficial provision and one which is to be construed and applied in a way that is favourable to those who are to benefit from the provision: see Moy v Warringah Council [2004] NSWCCA 77 per Sperling J at para 80. 

Despite this, it is possible to have a development which is substantially the same as one for which consent has been given yet the development as modified results in a development which does not warrant consent: see Sydney City Council v Ilenace Pty Ltd (1984) 3 NSWLR 414 per Mason P at 440.

Accordingly, the following are considered to be the key matters which Council should have regard to.

 

Noise

 

When considering the original consent and subsequent modifications it is relevant that the quarry could not practically meet the consent conditions relating to noise and the EPA licence conditions.  After undertaking additional and best practice noise attenuation to plant and machinery, this non-compliance ultimately required the operator to reach individual agreements with property owners as the only means of satisfying the EPA’s Industrial Noise Policy.

 

The modification will mean that the duration of the noise will likely be for a longer period of time, however the supporting information states that it will not exceed the maximum sound level conditioned by the EPA.  It should be noted that the sound pressure level is established by measuring sound constantly over a number of 15 minute periods.

 

Without carrying out independent monitoring and modelling, council is not in a position to confirm or challenge the results

 

The EPA submits that it is imperative that the Quarry operator maintains the formal noise agreements with the owner/occupiers of dwellings referred to being to the north and northwest of the quarry and comply with approved noise levels at all sensitive receivers.

 

Of particular concern is the applicants proposal to modify conditions associated with the rock drill which may result in the rock drill operating without bunding or suitable acoustic barriers at height. Without noise modelling council cannot make an informed decision as to whether or not the development is ‘substantially the same’. This should be identified in the statement of facts and contentions.

 

In response to this matter, the EPA has suggested an amended condition of consent providing as follows:

 

“Operation of the rock drill on upper exposed areas not protected by the 4.5m earth bund or barrier shall be restricted to between the hours of 9am and 3pm Monday to Friday, excluding public holidays.  Notification shall be given to the occupiers of properties within a 2km radius of the site by means acceptable to the occupiers, being telephone, email or letter two days prior to operation of the rock drill when its use will not be protected by the 4.5m earth bund or barrier”.

 

Road traffic noise

 

When the initial modification for the increase from 50,000m3 to 79,500 m3 was submitted to council there were concerns that the additional traffic movements would create excessive traffic noise greater than was addressed in the initial EIS. Further information was requested from Quarry Solutions in line with parameters from the original EIS of a maximum traffic noise of 55 dB(A) over 1 hour. The information was not forthcoming at the time of reporting to council and was therefore extrapolated from the information at hand.

 

The report was provided in the second modification requesting removal of the condition for the 12 month review period and has been duplicated in the modification lodged with the court

 

The report makes it clear that the present NSW Environmental Criteria for Road Traffic Noise Policy sets a maximum sound pressure of 60dB(A) LAeq 15 hours not 55dB(A) LAeq 1 hour in the peak a.m. period.

 

The results are compliant and without carrying out independent monitoring and modelling council is not in a position to challenge the results.

 

Traffic

 

Increased traffic has several issues of concern to council and the community;

 

Valla Road has been defined as an arterial road as it connects Bowraville however in consultation with council’s engineers it is quite clear that it was never constructed to an arterial road standard. The pavement has not been laid to arterial road standard and will wear considerably quicker due to the increase in daily traffic. Council has recently had to provide heavy patching in several areas due to pavement deterioration.

 

The Section 94 contribution required in the consent did take into account the progressive damage to the road pavement over the life of the quarry but did not take into account an increase in traffic movements of this nature over the short term. The approximate $25,000 per annum contribution would not cover the required heavy patching.

 

The right hand turn into Sullivans Road will require a turning lane due to the increase in trucks travelling west on Valla Road and the lack of sight distance to vehicles waiting to turn into Sullivans Road.  A recent traffic survey carried out by council of road users found that a large percentage of private vehicles travel at speeds exceeding the 80km/hr limit but with trucks compliant.

 

Blasting

 

Obviously additional extraction will entail additional blasting however a blasting impact assessment forms part of this present submission to the Court with blast pressure levels well within EPA requirements. The EPA is responsible for monitoring the blast measurements.

 

The modification seeks to remove condition 85 which requires the quarry to jointly carry out a building inspection of existing structures with concerned residents. The justification put forward is that the threshold for human comfort is well below the threshold for potential structural damage. Further that compliance with thresholds are maintained. The quarry was also concerned that it gave the opportunity for residents to request an inspection after every blast at considerable cost to them. The intent of the condition however is only to offer a one off structural status to any concerned resident so as to manage and properly assess any potential claims. This is of benefit to the quarry operator and the affected residents.

 

Dust

 

The NSW EPA do not have any testing parameters for dust pollution buy rely mainly on complaints of air pollution for investigation and action

 

The original EIS modelled parameters set by the American EPA (USEPA) which showed dust pollution to be increased by <.1g/m2/month where for a rural areas with existing particulate deposition of <2g/m2/mth the USEPA recommends a maximum acceptable increase of 2g/m2/mth. This is not considered to be exceeded with the proposed extraction rate although from a site inspection carried out on the 17/11/2014 several maintenance matters will be raised with the quarry operators.

 

Other conditions which are sought to be modified

 

·      Removal of 5 year time limited constraint – adopted by council resolution in support of impact on local community

·      Condition requiring bunding to rock drill to be modified

·      Days of operation of rock drill

·      Condition with respect to the inspection regime of dwellings status in relation to future claims of blasting impact

 

The proposal has attracted a number of objections as well as submissions of support which will be précised into the statement of facts and contentions.

 

CONSULTATION:

 

There has been consultation with Norton Rose Fulbright and officers of the EPA.

 

Risk

 

There is a risk that Council will incur significant unbudgeted legal expenses.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the appeal is likely to cost Council at least $13,000 in legal expenses.  If there is agreement to a single party expert or if there is a court appointed expert, Council would face further costs in the part funding of that expert.

 

If the matter were to proceed to a full hearing with Council paying for its own experts, then the cost to Council could be upwards of $70,000.

 

Source of fund and any variance to working funds

 

There will be a negative impact on working funds of at least $13,000 and almost certainly more

 

Service level changes and resourcing/staff implications

 

There will be need for Council staff to attend to the matter and provide instructions to Council’s solicitor.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.5      SF1947            271114         Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 November to 19 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

66 public submissions have been received (3 late submissions) – 36 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

·    The presence of shooters will make it dangerous for people who ride horses in the vicinity of the range.

·    Sound of gunfire will lead to stress for residents.

·    No economic benefit for people living in Missabotti.

 

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.

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2013/125/2

31/10/14

Modification – increase number of khana-cross events from six to twelve per year

Lot 1 DP 1144918, Unkya Reserve, Eungai Creek Road, Eungai Creek

SUBMISSIONS RECEIVED/STAFF COMMENTS

Two public submissions has been received – both oppose the proposal

 

·        Dust from the events blows over a neighbour’s house when the wind blows that way. The dust collects on the roof which is where her drinking water comes from.

·        Noise is also unbearable.

·        Even though cars only race one at a time, the noise and dust are unbearable

·        Original DA approved 20 years ago – standards used are now outdated – should be assessed by today’s standards with regard to safety and environmental impact

·        Dust creates safety issues for southbound traffic on the highway

·        Noise should be monitored on a windy day

·        Entire Eungai Creek community should be consulted with

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.6      SF1148            271114         Council Ranger's Report October 2014

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council Ranger 2’s Report regarding Council’s Companion Animal Activities and listing of penalty notices issued by both Council’s Rangers for October 2014.

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

Seized (doesn’t include those animals dumped or surrendered)

         0

8

Returned to Owner

0

2

Transferred to - Council's Facility from Seizure Activities

0

6

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

1

Abandoned or Stray

0

0

Surrendered

0

1

Animals transferred from Seizure Activities

0

6

Total Incoming Animals

0

8

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

1

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

1

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

0

1

Total Outgoing Animals

0

3

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

5

 

 

Oct-14

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BV 42 GC

3106924480

#9246 - Not park rear to kerb

104.00

01.10.14

AB 56 WO

3106924490

#9246 - Not park rear to kerb

104.00

01.10.14

993 TMB

3106924509

#9246 - Not park rear to kerb

104.00

02.10.14

BV 90 CX

3106924527

#9246 - Not park rear to kerb

104.00

02.10.14

CA 31 JW

3106924536

#6963 - Disobey no stop sign

242.00

02.10.14

CHE 75U

3106924545

#9246 - Not park rear to kerb

104.00

02.10.14

CRI 28B

3106924554

#9246 - Not park rear to kerb

104.00

02.10.14

CIN 54A

3106924563

#9246 - Not park rear to kerb

104.00

02.10.14

YIW 500

3106924572

#8475 - Stop in loading zone

173.00

02.10.14

AY 17 EN

3106924581

#9246 - Not park rear to kerb

104.00

02.10.14

BEI 42P

3106924590

#9246 - Not park rear to kerb

104.00

02.10.14

BY 93 MD

3106924646

#15056 - Stop on Painted island

173.00

07.10.14

BKE 84Z

3106924655

#9246 - Not park rear to kerb

104.00

07.10.14

AY 47 WE

3106924664

#9246 - Not park rear to kerb

104.00

07.10.14

CIN 52G

3106924673

#9246 - Not park rear to kerb

104.00

07.10.14

CSF 49S

3106924682

#9246 - Not park rear to kerb

104.00

07.10.14

AJ 41 VT

3106924691

#9246 - Not park rear to kerb

104.00

07.10.14

N HB 358

3106924700

#9246 - Not park rear to kerb

104.00

07.10.14

CND 37X

3106924729

#9246 - Not park rear to kerb

104.00

07.10.14

AO 71 GK

3106924738

#9246 - Not park rear to kerb

104.00

08.10.14

BI 66 QC

3106924747

#6963 - Disobey no stop sign

242.00

08.10.14

BE 00 ZU

3106924756

#9246 - Not park rear to kerb

104.00

09.10.14

BL 59 XK

3106924765

#9246 - Not park rear to kerb

104.00

09.10.14

WJP 895

3106924774

#9246 - Not park rear to kerb

104.00

09.10.14

Oct-14

 

 PARKING (continued)

 

 

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AT 66 RA

3106924783

#6963 - Disobey no stop sign

242.00

09.10.14

BJ 72 WA

3106924792

#9246 - Not park rear to kerb

104.00

13.10.14

BD 59 WD

3106924801

#9246 - Not park rear to kerb

104.00

14.10.14

BW 99 AL

3106924810

#9246 - Not park rear to kerb

104.00

14.10.14

BX 62 KY

3106924820

#9246 - Not park rear to kerb

104.00

14.10.14

AD 30 RK

3106924839

#9246 - Not park rear to kerb

104.00

14.10.14

AOQ 26E

3106924848

#6963 - Disobey no stop sign

242.00

14.10.14

BV 91 CY

3106924857

#8475 - Stop in loading zone

173.00

14.10.14

BZN 53R

3106924866

#6963 - Disobey no stop sign

242.00

14.10.14

BK 12 YJ

3106924875

#9246 - Not park rear to kerb

104.00

16.10.14

AO 77 EO

3106924884

#9246 - Not park rear to kerb

104.00

16.10.14

AJ 72 EM

3106924893

#9246 - Not park rear to kerb

104.00

20.10.14

RED 56K

3106924949

#8481 - Stop in Bus Zone

242.00

27.10.14

AV 24 KP

3106924958

#9246 - Not park rear to kerb

104.00

27.10.14

BVU 01G

3106924967

#9246 - Not park rear to kerb

104.00

27.10.14

AM 49 FA

3106924976

#9246 - Not park rear to kerb

104.00

28.10.14

BWJ 63P

3106924985

#6963 - Disobey no stop sign

242.00

28.10.14

BY 80 YY

3106924994

#9246 - Not park rear to kerb

104.00

28.10.14

AXH 95L

3106925508

#9246 - Not park rear to kerb

104.00

28.10.14

ACK 93T

3106925517

#6963 - Disobey no stop sign

242.00

28.10.14

BB3464

3106925526

#6963 - Disobey no stop sign

242.00

29.10.14

ZIE 721

3106925535

#9246 - Not park rear to kerb

104.00

29.10.14

BZ 80 QI

3106925544

#9246 - Not park rear to kerb

104.00

29.10.14

BY 84 MJ

3106925553

#6963 - Disobey no stop sign

242.00

29.10.14

Oct-14

 

 PARKING (continued)

 

 

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BZ 82 PV

3106925562

#8475 - Stop in loading zone

173.00

29.10.14

DD 0313

3106925580

#9246 - Not park rear to kerb

104.00

30.10.14

AV 39 JW

3106925590

#9246 - Not park rear to kerb

104.00

30.10.14

BX 12 DD

3106925609

#9246 - Not park rear to kerb

104.00

30.10.14

BDP 59F

3106925618

#9246 - Not park rear to kerb

104.00

30.10.14

AY 79 SX

3106925627

#9246 - Not park rear to kerb

104.00

30.10.14

 

 

TOTAL VALUE OF PENALTIES:

7272.00

 

 

 

October

 2014

Companion Animals

Microchip

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

 

3106924902

#81562 - Own dog that attacks

550.00

14.10.14

 

3106924911

#81540 - Fail to prev. dog escape

220.00

14.10.14

 

3106924920

#81562 - Own dog that attacks

550.00

14.10.14

 

3106924930

#81540 - Fail to prev. dog escape

220.00

14.10.14

 

 

TOTAL VALUE OF PENALTIES:

1540.00

 

 

October

 2014

POEO & LGA

Rego No. (if applicable)

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

045 HUS

3106924518

#9325 - Fail to comply with Notice

110.00

02.10.14

 

3106924710

#84120 - Pollute land

4000.00

07.10.14

 

3106925571

#84120 - Pollute land

4000.00

30.10.14

 

 

TOTAL VALUE OF PENALTIES:

8110.00

 

 

Oct-14

 

 PARKING

 

 

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

ALR29E

3106923940

not park rear to kerb

104.00

1/10/2014

BBS89F

3106925012

not park rear to kerb

104.00

1/10/2014

AH51TC

3106925021

not park rear to kerb

104.00

1/10/2014

AE43GC

3106925030

not park rear to kerb

104.00

1/10/2014

CTW11W

3106925040

stop in disabled zone no permit displayed

519.00

1/10/2014

YBI55D

3106925059

not park rear to kerb

104.00

1/10/2014

BW17SD

3106925068

not park rear to kerb

104.00

1/10/2014

BT08NG

3106925077

not park rear to kerb

104.00

2/10/2014

MER24C

3106925086

not park rear to kerb

104.00

2/10/2014

CEW43W

3106925095

not park rear to kerb

104.00

2/10/2014

MB2346

3106925104

not park rear to kerb

104.00

2/10/2014

PH2000

3106925113

not park rear to kerb

104.00

2/10/2014

BVX64T

3106925122

not park rear to kerb

104.00

2/10/2014

YZY912

3106925131

not park rear to kerb

104.00

2/10/2014

VCA400

3106925140

not park rear to kerb

104.00

2/10/2014

AE35QV

3106925150

disobey no stopping sign

242.00

2/10/2014

BE09OA

3106925169

stop in bus zone

242.00

2/10/2014

GRT95V

3106925178

not park rear to kerb

104.00

2/10/2014

VPP799

3106925187

not park rear to kerb

104.00

2/10/2014

BQ39FT

3106925196

not park rear to kerb

104.00

2/10/2014

 

 

TOTAL VALUE OF PENALTIES:

2771.00

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.7      SF24                271114         Frank Partridge VC Military Museum - Request for Waiving of Tip Fees to Dispose of Asbestos and Assistance with Concreting

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council approve the waiver of waste management fees, except for the EPA’s Waste Levy and applicable GST, for the disposal of the asbestos roof of the Frank Partridge VC Military Museum.  Further that the waived fees be recorded as a donation under the current donations policy.

 

2        That Council provide $2,000 to the Frank Partridge VC Military Museum as a donation towards the construction of a concrete footpath crossing to provide access to their vehicle display area.

 

 

OPTIONS:

 

Council can decide on what, if any, financial assistance it will provide to the Frank Partridge VC Military Museum.

 

 

DISCUSSION:

 

Mr Blew Manning, President of the Frank Partridge VC Military Museum has advised that the Museum has been successful in securing a substantial grant for the replacement of the Museum’s asbestos roof and the provision of air conditioning.

 

The Museum has suffered from a leaking roof for a number of years, to the extent that a needed repainting of the ceiling was placed on hold until the roof could be repaired.  As the roof of the building (which is the former council chambers) is asbestos it is considered preferable to replace it, rather than to try and undertake repairs.

 

Mr Manning has now sought Council’s assistance in accepting the disposal of the asbestos roof at its landfill without the normal waste disposal fee.  Mr Manning advises that the grant is sufficient to enable a qualified contractor to remove the asbestos, wrap it and transfer it to Council’s waste facility for burial.

 

Council’s 2014/15 fees and charges provide for a waste disposal charge for asbestos of $305.00 per tonne.  Of this amount $65.40 per tonne plus GST ($71.94 per tonne in total) must be paid to the EPA being the State Government’s Waste Levy.

 

It is not known what the weight of the roof is but it is estimated to be between 2 to 3 tonnes.

 

Mr Manning also wants to provide a concrete footpath crossing at the rear entrance to their vehicle storage building.  He asked if the Council could investigate whether it could undertake this work or provide some financial assistance for the work to be done.

 

Of the four museums in the Nambucca Valley, the Frank Partridge VC Military Museum is the only one which has been owned by its incorporated association.  The other museums are owned by Council.  As such it has received less financial support than some of the other museums, but notwithstanding has still managed to significantly expand their exhibits and be active in marketing and keeping their doors open to the public.

 

In the circumstances it is recommended that Council agree to accept the asbestos roof at its landfill and waive the normal fees, except for the EPA’s Waste Levy which Council must pay to the EPA regardless.

 

A donation of $2,000 towards their proposed footpath crossing should cover a substantial part of the cost of that work.

 

 

CONSULTATION:

 

There has been consultation with Mr Blew Manning, President of the Frank Partridge VC Military Museum.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The removal and disposal of asbestos from buildings is desirable.

 

Social

 

The removal and disposal of asbestos from buildings is desirable.

 

Economic

 

The Frank Partridge VC Military Museum is an important tourist attraction in Bowraville and for the Nambucca Valley generally.

 

Risk

 

There are no significant risks.  The removal of the asbestos has to be undertaken by a licensed contractor.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary impact should be less than $3,000.

 

Source of fund and any variance to working funds

 

The waste budget will meet the costs associated with the roof disposal whilst the general fund will have to meet the $2,000 donation for the footpath crossing from working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or staffing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.8      SF1481            271114         Licence Agreement for Occupation of Land for Caravan Park Encroachments, Advertising Sign and Pontoon - White Albatross Caravan Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council as Trust Manager approve the draft consolidated licence for the use of Crown land by the White Albatross Caravan Park generally as set out in Trim document 34782/2014 and that Council’s seal be attached to the licence if required.

 

 

OPTIONS:

 

The only real option relates to the annual rental payments for the licences.  The rental payments are taken from the existing licence agreements.  The proposed licence provides for a rent review in 2017 and then every three years thereafter.

 

 

DISCUSSION:

 

Council may be aware of the passing of Mr Erwin Richter, the proprietor of the well patronised White Albatross Caravan Park at Nambucca Heads.  Mr Richter was a successful businessman who owned and operated not only the White Albatross Caravan Park but also another caravan park on the central coast.

 

Council has been advised that agreement has now been reached on the sale of the caravan park to a property trust, Ingenia Communities.  It is understood that Ingenia Communities seek to exchange contracts on 4 December 2014 and to do this require a resolution of council as trust manager to approve a new licence agreement which consolidates three existing licence agreements, being firstly for encroachments, secondly for an advertising sign and thirdly for a pontoon located in the swimming lagoon on the crown reserve.

 

NSW Crown Lands has advised Council as the Trust Manager that with the change of ownership, a new licence agreement/s is required and a term of 10 years would be considered.  The licence will require the consent of the Minister.

 

Council’s Manager Business Development has proposed that the three licence agreements held by the White Albatross Caravan Park be contained in the one licence agreement with a term of 10 years.

 

The existing encroachment licence provides for an annual rental payment of $9,214.43 plus GST; the advertising slgn licence provides for an annual rental payment of $2,618.55 plus GST and the pontoon licence provides for an annual rental payment of $925.33 plus GST.

 

Clause 56.9 of the proposed licence requires the Licensee to pay in full the Licensor’s legal costs and all fees associated with the preparation of the licence.

 

A copy of the proposed Licence Agreement is attached.

 

 

CONSULTATION:

 

There has been consultation with the Manager Business Development and also with a solicitor acting on behalf of the purchasers, Ingenia Communities.  Council’s Manager Business Development, who is on annual leave, has arranged for the new licence in consultation with Crown Lands and the Ingenia Communities who are purchasing the caravan park.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no change to the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There is no change in risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing or staffing implications.

 

Attachments:

1

34782/2014 - Draft Licence - White Albatross Caravan Park

 

  


Ordinary Council Meeting - 27 November 2014

Licence Agreement for Occupation of Land for Caravan Park Encroachments, Advertising Sign and Pontoon - White Albatross Caravan Park

 




























Ordinary Council Meeting                                                                                            27 November 2014

General Manager's Report

ITEM 9.9      DA2006/092      271114         Macksville Heights Estate Subdivision - Classification of Site of Sewerage Pumping Station as Operational Land

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1.       That the proposed Lot 38 being land containing a sewerage pumping station in the Macksville Heights Estate be classified as operational land and be recorded as such in Council’s land register.

 

2.       That Council’s seal be attached to documents relating to the transfer of the land, if required.

 

 

OPTIONS:

 

There are no options.  If Council does not resolve that the land be operational it will default to a community land classification and require a lengthy and expensive reclassification process under the Local Government Act.

 

DISCUSSION:

 

Council is now in the process of releasing the subdivision certificate for the large subdivision stage of the Macksville Heights Estate recently completed by Mr Barry Kerr.  This is the stage which will include the new site for the St Patricks Primary School.

 

In the plan of subdivision there is a proposed Lot 38 which is to be dedicated to Council as a sewerage pump station.  The pump station has been constructed and the proposed Lot 38 has an area of 359.7m2 and is shown on the attached plan.

 

Pursuant to the Local Government Act 1993 and recent advice from Council’s Auditor, Council should resolve that the land be classified as operational land.

 

CONSULTATION:

 

There has been consultation with Council’s Senior Town Planner.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The only risk is that if Council does not resolve the land be “operational” it will default to a community land classification.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

34906/2014 - Macksville Heights Estate - Sewerage Pump Station

 

  


Ordinary Council Meeting - 27 November 2014

Macksville Heights Estate Subdivision - Classification of Site of Sewerage Pumping Station as Operational Land

 

 


Ordinary Council Meeting                                                                                            27 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2025            271114         Fit For the Future - Scale and Capacity

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

This report asks Council to consider if the recommendation of the Independent Local Government Review Panel that Nambucca Shire’s current boundaries and membership of the proposed North Coast Joint Organisation gives Council the appropriate scale and capacity to undertake reforms to meet the bench marks required under the Fit for the Future program.

 

This report also outlines, for Council’s consideration, an approach and timeframe for the preparation of Council’s Fit for the Future submission which is due 30 June 2015.  The General Manager and the Assistant General  Manager Corporate Services will be attending a Fit for the Future Workshop on Tuesday 25 November; it is possible the proposed action plan will need to be refined if additional information or clarification is received.

 

 

Recommendation:

 

That Council resolves that Nambucca Shire does have the scale and capacity broadly consistent with the recommendation of the Independent Local Government Review Panel and will prepare Council’s Fit for the Future submission on the basis of the existing Shire boundaries and membership of the proposed North Coast Joint Organisation of Councils.

 

 

OPTIONS:

 

Council is required to make a Fit for the Future submission by the 30 June 2015.  The form the submission takes is reliant upon whether Council broadly accepts the recommendation of the Independent Local Government Review Panel on the scale and capacity (local government boundaries and regional co-operation). 

 

Council can decide not to accept the recommendations on scale and capacity; this would mean Council would seek a change to the current Shire boundaries and/or not participate in the proposed North Coast Joint Organisation of Councils.  The submission would be based on a different template and would need to present a case for the changed arrangements.

 

 

DISCUSSION:

 

Purpose of this report

The Fit for the Future Program is the NSW Government response to the report of the Independent Local Government Review Panel.  Each NSW Local Authority has been asked to submit a Council Improvement Proposal or Merger Proposal based on the Committees recommendations.  The proposals are due by 30 June 2015, and will be reviewed by an expert panel who will report by October 2015.

 

Part of the Fit for Future package is a self-assessment tool to help Council determine whether their past performance indicated that they are “Fit for the Future”.  Council has already been presented with the initial self-assessment results, the summary page of the results is attached for reference.

 

This report addresses the issue of scale and capacity sets out a plan with timeframes to develop Nambucca’s submission.  It should be noted that Council at the beginning of the Fit For the Future journey and this initial plan is designed to provide direction, no doubt there will be many points of review along the way.

 


Fit for the Future Submission Process

Attached for reference is the “Fit for the Future Council Improvement Proposal Template (Existing Structure) and the associated Guide.  This and other reference material can also be found at www.fitforthefuture.nsw.gov.au .  The timeline below has been taken from the guide and has been used in developing the proposed process to complete the Nambucca submission.

 

 

 

The template also includes a submission on an improvement process water and sewerage services.  This is not included in the self-assessment tool but does align well with the current planning and reporting process.

 

Scale and Capacity

The terms scale and capacity refers to the recommendations of the Independent Local Government Review Panel in relation to potential boundary changes and regional collaboration.  The panel made recommendations regarding merging some Councils and the Office of Local Government (OLG) has since made it clear in a Circular that the New South Wales Government intends that all Council’s outside the Sydney metropolitan area will participate in Joint Organisations to deliver functions of regional significance or achieve economies of scale to make a function self-sustaining. The Circular relates to pilot Joint Organisations and is attached for reference.

 

The Panel’s recommendation for Nambucca was that the boundaries remain the same and Council participate in the proposed North Coast Joint Organisation.  Membership of the proposed North Coast Joint Organisation includes Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.  By inference the Panel does not believe Nambucca’s sustainability would be improved by amalgamating with any neighbouring Councils, but would benefit from increased regional co-operation.

 

The first question Council must answer in preparing the improvement submission is whether Council is willing to accept the Panel’s recommendation?

 

 

 

The question of proposed boundary changes needs to be resolved as any boundary changes would necessitate talks with neighbours and canvassing public opinion.  The current boundaries represent the catchment of the river valley and the brand “Nambucca Shire” gives the area a unique identity.  Ultimately it is a debate for Council and for the sake of process, one that will be best resolved by way of a resolution of Council.  For the purposes of forward planning it will be assumed for the time being that Council is willing to accept the recommendations of the review panel and not seek any boundary changes.

 

It is the NSW government intent that all Councils outside of Greater Sydney will be a member of a Joint Organisation from September 2016, so when considering membership of a Joint Organisation it is a question of yes or no, it is a question of with whom.   It is open to Council to suggest alternate Joint Organisation membership with the state regional boundaries.  For Nambucca this comprises the North Coast, Northern Rivers and Mid North Coast.

 

 

 

Council has already resolved that it is willing to particpate in North Coast Joint Organisation.  This was to endorse an application to obtain funding to establish a pilot Joint Organisation.

 

 

The submission was not successful, however it may well still be under consideration, the circular advising Councils of the successful regions is attached and says in part

 

“Given the strong interest in participating in a pilot expressed by councils, as well as the high quality of the applications, the Government will consider the possibility of initiating further pilots prior to the proposed State-wide roll out in 2016.”

 

The submission is also attached for reference, it list the roles of the proposed Joint Organisation as

 

1        Regional alliance of local government water utilities at a high level focussing on service and infrastructure planning as opposed to service delivery.

 

2        Strategic regional and sub-regional planning framework.

 

3        Strategic waste management.

 

4        Regional voice- intergovernmental relations and regional advocacy.

 

5        Develop a framework to ensure a consistent basis to evaluate the potential for shared service provision. Review activities for the delivery of ‘back office’ services.

 

The Office of Local Government provides some guidance as to the form and purpose of Joint Organisations in the publication “Fit for the Future – Joint Organisations”.  This is attached for reference, the document is not particularly prescriptive and offers suggestions rather than a framework.

 

There are risks and rewards associated with establishing a Joint Organisation, preliminary consideration has identified the potential negative risks below that need to be considered when evaluating proposals:

 

1          The ongoing costs to member Councils, particularly if the Joint Organisation has a significant staff.

2        Duplication of existing arrangements such as MIDROC.  MIDROC has a different membership and there is already pressure to retain MIDROC.

3        If some functions are transferred from Council to a Joint Organisation it may deprive Council of the critical mass to effectively and efficiently deliver the services of a Local Authority.  The fixed costs such as governance and accommodation would be allocated across the remaining functions pushing up the cost of those services.  The transfer of some of Councils services to a Joint Organisation may not be accompanied by a corresponding drop in operating expenses.

 

If Council considers that there superior regional alliances to be had outside the proposed North Coast Joint Organisation it would need to identify this in the Council Improvement Proposal.  The proposal itself does not have to be submitted until 30 June 2015, however a proposal that differs from the Independent Local Government Review Panel recommendations will take significant time to develop.  It is recommend that for the purposes of developing a proposal, to proceed on the basis that Council will participate in a North Cost Joint Organisation and keep a watching brief on the proposed role of the Joint Organisations.

 

Approach to preparing the submission and time frames

There is an existing program of Asset Management reforms being completed in conjunction with the revaluation of the transport infrastructure.  The MIDROC “apples with apples” project is pivotal in the process.  The results should assist in providing strategies to improve Council’s Fit for the Future performance indicators.  Below is a proposed project plan to develop Council’s Improvement Proposal.

 

Council Meeting 13 November 2014 - Report to Council; Fit for the Future Self-Assessment Tool.

 

Council Meeting 27 November 2014 – This report, Scale and Capacity and approach to preparing Council Improvement Proposal

 

Council Meeting 11 December 2014 – Report to Council working through each ratio and identifying areas for improvement and proposed strategies.  Initial analysis has identified operating ratio as the most challenging benchmark and it is proposed to delay discussion on that ratio until a later workshop.

 

MANEX A Meeting 29 January 2015 - Presentation to MANEX A based on Council workshop materials.  Reference will be made to IP&R documents and processes.  Work though SWOT analysis Section 2.2 of the template.  Discuss options to improve operating ratio.  Feedback incorporated into Councillor workshop.

 

17-19 February 2015 – Australian Centre of Excellence for Local Government (ACELG),  University of Technology Sydney, to run in house service review training for 15 Officers.  This should provide tools to systematically review service delivery and potentially improve Council’s performance against the Fit for the Future benchmarks.

 

Early March 2015 – Council Workshop – Consider guidance contained in Council’s current IP&R documents, work through the Key Challenges and Opportunities section of the submission template and consider strategies for improving the operating position ratio.

 

March 2015 - Revaluation of Transport Asset complete, Apple with Apples MIDROC reforms in place.

 

April - Draft submission prepared for comment.

 

May – Submission finalised.

 

These timeframes fit roughly with planning and budgeting timeframes which will be running in parallel.

S2.4   Water Utility performance – work shall commence as soon as possible and a draft completed before the Council workshop.

 

 


CONSULTATION:

 

General Manager – Michael Coulter

Manager Financial Services – Craig Doolan

 

 

SUSTAINABILITY ASSESSMENT and FINANCIAL IMPLICATIONS:

 

The Fit for the Future Program seeks to initiate financial sustainability reforms across New South Wales local government.

 

 

 

 

Attachments:

1

34665/2014 - Improvement Process Template 2

 

2

32843/2014 - Nambucca Fit For the Future Criteria Results

 

3

34670/2014 - Council Improvement Proposal Template Guide

 

4

34672/2014 - OLG Circular JO Pilot

 

5

30333/2014 - Draft EOI  Joint Organisation Pilot North Coast

 

6

34675/2014 - 6. Fit-for-the-Future-Joint-Organisations-A-roadmap-for-intergovernmental-collaboration-in-NSW

 

  


Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 

























Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 

























Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 



















Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 


Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 



















Ordinary Council Meeting - 27 November 2014

Fit For the Future - Scale and Capacity

 
















Ordinary Council Meeting                                                                                            27 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.2    SF395              271114         Local Infrastructure Renewal Program - Borrowing Program

 

AUTHOR/ENQUIRIES:    Jeneen Fuller, Finance Officer; Craig Doolan, Manager Financial Services         

 

Summary:

 

Council seeks approval for new borrowings of $1,963,000 for Infrastructure Works (Bridges). These borrowings are being subsidised via LIRS (Local Infrastructure Renewal Scheme).

 

 

Recommendation:

 

1        Council approve new borrowings of $1,963,000 for Infrastructure Works (Bridges) as described in the Local Infrastructure Renewal Scheme (LIRS) Funding agreement for Bridge Replacement Program 2014/15 as executed 1st November 2014,

 

2        The approved terms of the loan are reducing balance loan for $1,963,000, for a 10 year term with a fixed interest rate and monthly repayments.

 

3          The General Manager accepts the most cost effective loan based on the requested terms.

 

4          Council authorise the Mayor and the General Manager to execute the Loan Agreement.

 

5        That in the event the successful financial institution requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

 

 

 

OPTIONS:

 

No options are presented.

 

 

DISCUSSION:

 

Council’s application to the NSW State Government’s Local Infrastructure Renewal Scheme (LIRS) has been successful for a $1,963,000 subsidised loan. The subsidy is a 3% contribution towards interest expense. The Loan will see the replacement of six timber bridges.

 

Menzies 3                       $     92,000

Peterkins                        $   182,000

Browns Crossing 2          $   139,000

Bakers Creek                  $   415,000

Sinclairs                          $   125,000

Boat Harbour                  $1,010,000

 

Sinclairs No.1 has been completed, work on Bakers Creek is scheduled to start in February 2015.  Given reasonable weather Menzies 3, Peterkins and Browns Crossing 2 will be completed by June 2015 as per the budgeted schedule.

 

The LIRS application was made prior to the 2014 -2015 Special Rate Variation (SRV) application being finalised.  As a result of the SRV being approved over three years not two years, Boat Harbour bridge has been deferred to commence in 2015/2016.  This does not compromise the LIRS funding agreement, but for expediency and to comply with the intent of the funding agreement, the funds will be borrowed as one loan.  At the expected rates there should be no financial penalty for doing this and the cash flow implications will be positive.  Any funds not expended on the project at 30 June 2015 will be recognised in the Financial Statements and externally restricted.

 

The pertinent parts of the LIRS funding agreement are

 

3.1 (a) Council must use best endeavours to execute a Loan Agreement for the total amount of borrowing……..

3.1 (b)  The Loan must be for a maximum of 10 years and must not extend past 30 June 2025.

3.3 (a)  ……Council must achieve Project Commencement within 12 months of the execution of this agreement.  (The document was executed 1st November 2014)

 

Past practice has been to present Council with a range of quotes for the borrowings.  This has presented practical problems in that Banks have found it difficult to hold their best rates overnight as the Banks operate in constantly traded markets.

 

A practical solution to this is that Council formally resolve to borrow the funds in accordance with Section 377 of the Local Government Act 1993 and the General Manager accepts the most cost effective loan based on the requested terms.  It could possibly be argued that Council have already formally resolved to borrow the funds when they adopted the Budget for 2014-15, but the recommended resolution leaves no room for doubt and supports the LIRS funding process.

 

Council has received an indicative rate in confidence on 18 November 2014 which is included as a confidential report.  This is for information only and the rate was only obtained to give Councilors an indication of what rate may be expected when firm quotes are received.

 

The National Australia Bank, Commonwealth Bank, Australia & New Zealand Banking Group Ltd, St George Bank, Westpac & Bananacoast Credit Union have been requested to provide Council with an offer on Thursday 4 December 2014.

 

 

CONSULTATION:

Faye Hawthorne, Accountant

Scott Norman, Assistant General Manager Corporate Services

Colleen Henry, Grants Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil – report relates to a funding process

 

Social

 

Nil – report relates to a funding process

 

Economic

 

Nil – report relates to a funding process

 

Risk

 

Council ability to service the debt is demonstrated in the Long Term Financial Plan and has been reviewed as part of the LIRS application process.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Actual debt service payments will be based on the agreed interest rate.

 

Source of fund and any variance to working funds

 

No source of funding and no variance to working funds until an offer has been accepted.

 

 

Service level changes and resourcing/staff implications

 

Nil – report relates to a funding process

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            27 November 2014

Corporate Services

ITEM 10.3    SF251              271114         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

MEETING

DATE

VENUE

COMMENCING

Access Committee

25/11/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/11/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

03/12/2014

Council Chambers

10.45 AM

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                                                                                            27 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.4    SF1997            271114         September 2014 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2014/15 to a deficit of $298,000 and varies Current Liquid Equity to $2,733,600, a decline of $268,800 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,400,000 above the minimum level as per Council’s policy.

 

Water Supplies:             This review revises the net operating result for 2014/15 to a deficit of $51,600 and varies Current Liquid Equity to $2,237,900, a decline of $42,100 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,100,000 above the minimum level as per Council’s policy.

 

Sewerage Services:       This review revises the net operating result for 2014/15 to a deficit of $23,500 and varies Current Liquid Equity to $1,170,200, a decline of $9,500 to the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $500,000 above the minimum level as per Council’s policy.

.

The attached budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page number in the budget review document.

 

Significant variations influencing the result are discussed further in this report.  On page 4 of the document is a summary of Council’s Cash and Investments (cash reserves).  Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2014/15 year as at the 30 September 2014.  Also on page 4 is a statement of the YTD expenditure associated with consultancies and legal expenses.  It should be noted that these expenses are incorporated in the budget. 

 

The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 4-8 of the budget review document.

 

 

Recommendation:

 

1        That the budget review for the quarter ended 30 September, 2014 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2014/2015.

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document.  The estimated net current liquid equity surplus is $2,733,600 inclusive of internal loans.

 

The original 2014/15 budget forecast a net operating deficit of $29,200.  Items revoted from 2013/14 amounted to $467,000. The balance of internal loans borrowed from current liquid equity was $1,160,200. This review sees a further decline in the deficit of $268,800.

 

The freezing of the Financial Assistance Grant (FAG) for this financial year sees a reduction in the grant of $122,000, offsetting this slightly were the identified savings in the IT Budget of $37,000 previously reported to Council on 25 September 2014 as part of the productivity suggestions to offset the loss of FAG.  Also, as reported at the June 2014 Budget Review $68,000 unspent on the Gumma Reserve Aerated Waste Water Treatment System was not shown as a revote and therefore the associated variance has been included with this budget review.  Council resolutions to include $13,000 for ‘Duffo’s Rest’ and $25,000 for the pedestrian refuge island on Bellwood Rd have also been included.

 

An amount of $63,000 for the Statewide Mutual property insurance premium rebate should not have been included in the original budget and therefore has been reversed also having an adverse impact on the result.  It should be noted that post the September quarter Council has received $19,500 from Statewide Mutual which will be included as a variance in the December Budget Review.  Also in relation to property insurance, an amount of $10,000 is required to cover the premium associated with the Bowraville Folk Museum as the property has not yet been transferred.

 

Further, the $50,000 removed from the original budget for Gumma Road rehabilitation has been returned based on savings in Urban Streets in 2013/14.

 

Offsetting the above variances slightly were funds of $12,500 held by the Macksville Senior Citizens Section 355 Committee being brought in as income due to the committee disbanding, as well as a reduction in the budget for printing and stationary of $10,000.

 

WATER SUPPLIES.

 

Water Supplies estimated current liquid equity surplus is $2,237,900.

 

The original 2014/15 budget forecast a net operating deficit of $9,500.  Items revoted from 2013/14 amounted to $20,000.

 

The only major variance impacting on the result was the need to reduce the pension rebate subsidy due to the claimed amount for water usage being duplicated in Council’s ledger back in September 2010; this is likely a result of the conversion issues of the corporate software at the time.

 

SEWERAGE SERVICES.

 

Sewerage Services estimated current liquid equity surplus is $1,170,200.

 

The original 2014/15 budget forecast a net operating deficit of $14,000.  No items were revoted from 2013/14.

 

Council resolution to include $10,000 for a concept design report in relation to a pressure sewerage system at South Nambucca/Teagues Creek was the only major variance.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

Attachments:

1

34661/2014 - Attachment - September 2014 Budget Review

 

  


Ordinary Council Meeting - 27 November 2014

September 2014 Budget Review

 


Ordinary Council Meeting                                                                                            27 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.5    SF134              271114         Annual Report 2013-2014

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

In accordance with the Local Government Act 1993, Council is required to prepare an annual report within 5 months of the end of each year. The annual report must address the Council’s actual performance against its original projected performance of its principal activities outlined in its adopted Management Plan.

 

The report covers the period 1 July 2013 to 30 June 2014.

 

A copy of the Annual Report is to be posted on Council’s website and a copy provided to the Minister for Local Government.  The Annual Report must have annexed to it, the Audited Statements and State of the Environment Report for the same period.

 

 

Recommendation:

 

That Council note the completion of the 2013/2014 Annual Report and that the 2013/2014 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.

 

 

 

OPTIONS:

 

There no options as Council must place the Annual Report on its website and advise the Minister by 30 November 2014.

 

 

DISCUSSION:

 

Council must prepare its Annual Report within 5 months of the end of the financial year and advise the Minister for Local Government.  The report is to include as an annexure, the Audited Statements.

 

The Annual Report has now been completed in accordance with the Act and will be placed on Council’s website and advice extended to the Minister for Local Government by 30 November 2014.

 

 

CONSULTATION:

 

All responsible officers within Nambucca Shire Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

 

 

Risk

 

There are no risks associated with this report as it has been completed within the prescribed time limits outlined in the Local Government Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not Applicable

 

Source of fund and any variance to working funds

 

Not Applicable

 

Service level changes and resourcing/staff implications

 

Not Applicable

 

Attachments:

1

34908/2014 - Nambucca Shire Council -Financial Statements - 2013-14

 

2

29890/2014 - Draft Annual Report 2013/2014

 

  


Ordinary Council Meeting - 27 November 2014

Annual Report 2013-2014

 


















































































































































Ordinary Council Meeting - 27 November 2014

Annual Report 2013-2014

 

Photograph by N Leclercq

nambucca shire council

 

 

 

annual report

2013-2014

 

 

 

Description: council logo
 

 

 

 

 

 

 

 

 

 

 

 


“Nambucca Valley ~ Living at its best”

 

 

Description: aerial viewsx2011 003

 

 

Photographs by N Leclercq

 
(Photo of Scotts Head supplied by Peter Bellingham)


 

TABLE OF CONTENTS

Foreword.. 3

Audited Financial Reports and Independent Auditor’s Report. 8

Rates and Charges Written Off - Clause 132 of Local Government (General) Regulations 2005. 8

Comparison of Actual Performance. 9

Comparison of Actual Performance of Principal Activities. 10

Achievements in Implementing the Community Strategic Plan.. 11

Report on Condition of Public Works. 51

Governance Matters. 56

Councillors’ Professional Development. 57

Senior Staff. 57

Contracts Awarded during the year in Excess of $150,000. 58

Bush Fire Hazard Reduction Activities. 59

Access and Equity Activity Report. 60

Provide for the Needs of Children/Young People/Women/Older People/People with Disabilities. 61

Services/Access to Services for People with Diverse Cultural and Linguistic Backgrounds. 62

Private Works. 62

Grants Under Section 356. 63

Human Resources Activities. 63

Section 355 Committee of Management. 64

Companies in Which Council Held a Controlling Interest. 66

Partnerships, Co-Operatives or other Joint Ventures to Which Council was a Party. 66

Category 1 Business Activities. 67

Variations to 2013/2014 Financial Results of Business Undertakings. 68

Privacy and Personal Information Protection Act 1998. 68

Environmental Levy. 69

Government Information (Public Access) Act 2009. 70

Details of Compliance with National Competition Policy Principles. 74

 


Foreword

 

Our Finances and Governance

 

The 2013/14 financial year demonstrated renewed vigour by Council in its long term financial planning.

 

A financial assessment of Council undertaken by the New South Wales Treasury Corporation (TCorp) in April 2013 assessed the Council’s financial position as “weak”, and considered its outlook to be “negative”.  TCorp also noted that the Council’s backlog was significant and that the Council had indicated the urgency of road and bridge works.  TCorp similarly assessed Clarence Valley, Coffs Harbour, Kempsey, and Port Macquarie – Hastings Councils as all having a “weak” financial sustainability rating, with Greater Taree being assessed as having a “very weak” financial sustainability rating.

 

A further factor in the attention to long term financial planning was the publication of the NSW Independent Local Government Review Panel’s final report, “Revitalising Local Government”.  The Panel made 65 recommendations on the future of local government in NSW and were unanimous in concluding that wide ranging and concerted action would be essential to make NSW local government sustainable and fit for purpose into the mid 21 century.  The Panel made some particular observations about the plight of councils in the far west of NSW and on the north coast.

 

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

 

In 2013/2014, Council’s general rates increased by the rate peg which was determined by the Independent Pricing and Regulatory Tribunal (IPART) to be 3.4%.  This generated an additional $297,009 in allowable general rate income for 2013/14. 

 

A community satisfaction survey was completed just prior to the financial year commencing and subsequently considered by Council in determining its long term financial plan.  While the majority of satisfaction scores were stable relative to the 2010 survey, there was growing frustration with the state of local sealed roads.  This came through repeatedly, and via a range of different measures.  In particular, the statistically significant shift away from “lowest rates” and towards “best roads” suggested that ratepayers were increasingly prepared to support a special rate variation specifically targeted towards improving road infrastructure.  Overall satisfaction with Council was on a par with the 2010 result and better than the “neutral” level of 3.00 (on a 5 point scale).

 

Council subsequently undertook community consultation in relation to a 14.98% rate increase spread over the following three years commencing in 2014/15.  A total of 171 written submissions were received in response to this planned rate increase with 72 objecting to the increase, 29 supporting the increase with a further 70 submissions being either neutral or partially supportive of the increase.  The Council considered the issues raised in the submissions in Council meetings on 13 February and 20 February 2014 and resolved to seek the approval of IPART to the proposed rate increase.

 

IPART made their determination in June 2014 and on balance found that the Council’s application met the criteria for a rate increase in excess of the rate peg.  IPART’s findings were as follows:

 

1.     “The need for the proposed revenue is demonstrated in the council’s IP&R (integrated planning and reporting) documents, and reflects community priorities.  The council will use the funds to improve the council’s ongoing operating deficits, and therefore its financial sustainability, which will allow the council to fund repayments of infrastructure renewal loans.  The loans will fund bridge replacements.

2.     The council provided evidence that the community is aware of the need for and extent of the rate rise, and that it had considered the community’s capacity and willingness to pay the proposed rate rises.

3.     The impact of the proposed rate rises on ratepayers is moderate but reasonable given the purpose of the special rate variation, comparisons between the council and surrounding and similar councils, and that the council has taken account of the impact of the increases on ratepayers.

4.     The council made realistic assumptions concerning its projected service delivery and budget.

5.     The council has made significant productivity savings in past years and we encourage the council to pursue further productivity initiatives in the future.

IPART provided Council with approval to increase its general rates by 3.8% in 2014/15; by 5.0% in 2015/16; and by 5.5% in 2016/17.  The approval by IPART was subject to the condition that Council uses the additional income from the special variation to fund borrowing costs relating to loans for infrastructure renewals as outlined in Council’s application.  Council has successfully used this revenue strategy to obtain a 3% subsidy on bank finance via the State Government’s Local Infrastructure Renewal Scheme (LIRS) and received approval to replace eight bridges in 2014/15 at a total cost of $1.96m.

 

The determinations made by TCorp and IPART are consistent with the findings of Council’s Auditors, Forsyths.  They have advised that based on their review of the TCorp report, for Council to maintain its financial sustainability position it will need to consider the following:

 

·      Monitor rating and user charge revenue increases in order to match or exceed future increases in operational expenditure

·      Continue to improve its asset management plans and processes in order to understand future infrastructure replacement and maintenance needs

·      Prudent use of borrowings to support long term infrastructure improvements

·      Continue to review its long term financial forecast modelling and assumptions in order to provide an accurate picture of long term financial issues and

·      Continue community consultation to identify acceptable service levels including acceptable condition of its infrastructure assets.

Council continued with the process of transferring community facilities off its balance sheet to reduce depreciation costs.  The Nambucca Heads Senior Citizens Centre in Kent Street, Nambucca Heads was reclassified as operational land and transferred to the Senior Citizens Club which had previously operated the facility on Council’s behalf.  In April 2014 Council agreed to transfer the Bowraville Folk Museum to the incorporated association of volunteers which had similarly operated the facility.  At the close of the financial year the completion of the transfer was awaiting a determination by the Office of State Revenue on a requested exemption from stamp duty.

 

A positive outcome for the year was the many grants Council was successful in securing from the State and Federal Governments.  The finalisation of a $5m grant from the Commonwealth Government for geotechnical work to stabilise Riverside Drive was the largest.  Evidence of slippage on the section just to the east of Council’s Visitor Information Centre had prompted an earlier geotechnical investigation.  This had determined that there was a very high risk that sections of the road would be subject to landslip.  Whilst the tendering process for undertaking the stabilisation work has not been completed, the funding should be sufficient to repair all of the identified trouble spots.

 

Other large grants which were secured during the year were:

 

·      $55,000 for beach access ways

·      $24,625 for restoration and revegetation of the river bank on Stuart Island

·      $90,000 for a flood plain management study and plan

·      $111,000 for work to improve the Gumma camping reserve

·      $49,794 for the replacement of a jetty on Stuart Island and the construction of amenities

·      $650,000 for the completion of the cycleway through to Kingsworth Estate

·      $12,500 for a heritage assistance program

·      $61,700 for improved recycling facilities at the waste depot

·      $18,000 for high priority weed management on Crown Reserves managed by Council

·      and a very impressive $975,565 from the NSW ClubGRANTS for a fun and fitness precinct based on Macksville Park which will include a large extension to the existing gymnasium as well as a skate park upgrade and new floodlighting.

All up over $7m in additional grant funding was obtained.  This was an extraordinarily good result for ratepayers attributable to good team work across all of Council’s departments and also between Councillors and staff.  A special mention must be made of Council’s Grants & Contributions Officer, Ms Colleen Henry, who whilst only working part time is the linchpin of Council’s grant getters.

 

The Bowraville Off River Water Storage

 

Most of the construction work for the $54m off river water storage was completed in the 2013/2014 financial year.  The $36m construction cost is being met by the State Government ($14.8m), the Federal Government ($9m) and ratepayers ($12.2m).

 

A major issue which arose during the year related to the excavation of the dam’s core trench or foundation.  The design level as per the contract drawings showed excavation to, at its lowest, RL8 which intended to be located 0.5m to 1.0m into weathered phyllite rock, however this was not the case.  As excavation approached RL8 the material was found to have large amounts of quartz and collivial clays.  What was most unexpected was the presence of hard rock at the location of the RL8 excavation.  This was not the intent of the design as the dam was designed as a soft foundation dam.  The presence of rock raised concern with the designers regarding permeability and an instruction was given to follow the rock up the left and right hand abutments until suitable phyllite material was encountered.  The chase for suitable founding material lead to excavations being up to 7m deeper than intended in some locations.  The groundwater infiltration rate was also far greater than expected.

 

The original contract amount for the construction of the storage was $35,789,746.  The final contract estimate with the inclusion of the variations was $41,841,647.  At the date of preparing this report an application was being prepared to the NSW Office of Water for additional grant funding for the changes to the excavation and placement quantities on the project.

 

Besides securing the Shire’s potable water supply for decades to come, the dam will have very significant environmental benefits for the Nambucca River.  Currently there is no limit on the amount of water extraction which Council can take from the borefield other than an annual total limit of 3,100ML.  In periods of extended drought when the environmental flows in the river are at their most critical, the Council has had to continue pumping to meet demand.

 

The dam will provide the natural environment with the opportunity for a minimum environmental flow during extended periods of drought.  Flow extraction rules have been developed to provide low flow protection.  During these periods the Council will not be pumping water from the river and will instead use the water supply in the dam.

 

The dam and other capital works for the water fund meant that the kilolitre charge for water increased by 35 cents from $2.46 to $2.81.  The residential access charge for 20mm and 25mm connections increased by $9, from $100 to $109.

 

Our Environment

 

Besides the completion of the Bowraville Off River Water Storage, Council undertook a range of environmental projects funded through the environmental levy.  A major objective of the levy program is to supplement levy income with subsidies sourced from various funding bodies and government agencies.  The implications of this strategy have been positive as other agencies have contributed $199,000 to environment levy projects undertaken in 2013/14.  Although this is positive in relation to the total resources available to Council, it has implications in regard to the timing of projects and revotes that need to be made for the following financial year.

 

A number of projects Council funded through the levy during the year are now progressing over a number of years.  Examples are the beach access improvement program, the flood risk management strategy and the Gumma swamp healthy wetland project.

 

In 2013/14 the major projects undertaken as part of the Environmental Levy program were:

 

·      Nambucca River Flood Risk Study and Plan (preparation and consultation on brief)

·      Deep Creek Flood Risk Study and Plan (preparation and consultation on brief)

·      Continuation of coastal zone management plan implementation – beach access improvements

·      Preparation of concept plans for post bypass revitalisation of Macksville CBD

·      Gumma Swamp Healthy Wetland project

·      Weed management and revegetation of Stuart Island

The weight given to the coastal management, flood mitigation and estuary health themes is largely due to the funding programs being offered through the State Government’s Office of Environment and Heritage.  It is anticipated that these programs will continue to dominate the themes as long as the funding is being offered by the State Government.

 

MICHAEL COULTER

GENERAL MANAGER

 

Elected Representatives

Description: Councillors photos 2012 014

 

Description: Councillors photos 2012 010

 

Description: Councillors photos 2012 008

 
 

 

 

 

 

 

 

 

 

 


Mayor Cr Rhonda Hoban                     Deputy Mayor John Ainsworth               Cr Martin Ballangarry OAM

Description: Councillors photos 2012 009

 

Description: Councillors photos 2012 013

 
                                                                                                                                                             

 

 

 

 

 

                                                               

                                                          

 

Cr Brian Finlayson                                    Cr Paula Flack                                       Cr Kim MacDonald

Description: Councillors photos 2012 001

 

 

 

 

Description: Councillors photos 2012 004

 

Description: Councillors photos 2012 002

 
 

 

 

 

 

 

 

 

 


   Cr Bob Morrison                                      Cr Anne Smyth                                      Cr Elaine South

The Nambucca Shire

Description: scottymap

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Nambucca Shire Local Government Area (LGA) is located between Kempsey and Bellingen Shire Councils on the Mid North Coast of NSW, approximately 500km north of Sydney and 480km south of Brisbane. The Shire is 1492.8 km2 and is situated between 30030’S and 30056’S and 152018’E and 153001’E. The terrain is steep and intersected by small streams nestled between the foothills of the Great Dividing Range and the coastline of the Pacific Ocean. The rugged topography of the eastern edge of the New England plateau in the western part of the Shire is dominated by steep slopes and valleys, while the eastern portion of the Shire is characterised by the gentle slopes of the fiver floodplains.

 

The Nambucca River drains the Shire and is 47km long.  The Shire has two National Parks, eight local nature reserves and 25km of coastline.

 

The main localities of the Shire include Nambucca Heads, Macksville, Bowraville, Valla Beach and Scotts Head with many smaller villages and rural settlements. The Shire has a population density of 13 people per km2.

Nambucca Shire Population - Selected Characteristics

 

Males

Females

Persons

%

Total persons ABS 2012 estimated data

9,505

9,814

19,319

100.0

Aged 14 years and under ABS 2012 estimated data

1,722

1,668

3,390

17.5

Aged 65 years and over ABS 2012 estimated data

2,287

2,518

4,805

24.9

Born overseas

 

 

 

14.9%

Unemployed Persons (June 2010)

 

 

724

 

Unemployment Rate (June 2011)

10.7%

Households with internet access

63%

Occupied Private Dwellings

7,616

Unoccupied Private Dwellings

1,175

 

Nambucca Shire - Towns, Villages and Rural Population

 

1991*

1996*

2001*

2006

2011

Bowraville

969

884

956

954

1,208

Eungai **

158

139

583

584

658

Hyland Park

153

284

321

315

441

Macksville

2,872

2,722

2,661

2,658

2,567

Nambucca Heads

5,669

6,248

6,146

6,121

6,222

Scotts Head

834

832

793

794

821

Valla Beach

488

729

814

819

1,200

Rural/Non-Urban Balance

5,556

5,729

5,444

5,415

5,527

TOTAL SHIRE

16,699

17,567

17,718

17,660

18,644

Source:   ABS Census

** Area extended in 2001 to include Eungai Creek, Eungai Rail and Allgomera

*Includes overseas visitors

Nambucca Heads from 2006 includes Kingsworth Estate (not previously included in town population)

 

 

Audited Financial Reports and Independent Auditor’s Report

 

Council’s audited financial reports for the year ended 30 June 2014 were presented to the public at its Ordinary meeting on 30 October 2014.

 

The document is available to the public at the Council Chambers and on Council’s website www.nambucca.nsw.gov.au.

 

 

Rates and Charges Written Off - Clause 132 of Local Government (General) Regulations 2005

 

General and Special Rates

 

            Pensioners write off (Section 575)                               $391,834.17

            Other (includes Farmland >20%)                                      $7,462.62                                          

                                                                                                                                        $399,296.79

 

Water Supply Charges

 

            Pensioners write off (Section 575)                               $150,654.62

            Other                                                                                   $3.47

                                                                                                                                        $150,658.09

 

Sewerage Service Charges

 

            Pensioners write off (Section 575)                               $135,708.29

            Other                                                                             $1,612.62

                                                                                                                                        $137,302.91

 

Waste Management Charges

 

            Pensioners write off (Section 575)                               $199,313.18

            Other                                                                             $1,382.78

                                                                                                                                        $200,695.96

 

TOTAL AMOUNTS WRITTEN OFF               $887,953.75

 

 

 

Comparison of Actual Performance

 

Comparing the actual budget performance for Councils principal activities (functions) for the year 2013/2014 with the original budget, the major reasons for the variances are listed below.

 

With all Council’s activities the budgeted figure shown also reflects an imprecise estimated breakup of materials and contracts between activities that is potentially distorted through the mix of own labour, contracted services, self-constructed and contracted works during the year resulting in fluctuations between the activities.

 

1        Administration & Governance

 

All actual allocations other than expenses and revenue deemed to be hard core overheads and unable to be distributed on a reliable basis, have been distributed to other activities and therefore contribute to the variations between the original budget and actuals for activities at year end. Other significant variations for each of the activities are discussed below.

 

2        Public Order and Safety

 

An increase in Animal Control expenses occurred.

 

3        Health

 

There were no major variations apart from the variances associated with the redistributions mentioned earlier.

 

4        Environment

 

In the original budget both Waste Management and Noxious Plants are shown under Housing & Community Services but externally reported under Environment. There were also increases in fees and charges relating to development and also subsidies for environmental projects.

 

5        Community Services and Education

 

Council received a further grant for Sports Professional Development.

 

6        Housing and Community Amenities

 

A variation related to the categorisation of Noxious Plants and Waste Management as explained above in Environment.

 

7        Water Supplies

 

Variations related to Water were mainly due to the delayed commencement of the Water Storage Project and associated subsidy. Also borrowing costs were slightly higher than estimate.

 

8        Sewerage Services

 

The unwinding to present value of an interest free loan for the Nambucca Sewerage Augmentation Works and savings in energy costs were the major variations in Sewerage.

 

9        Recreation and Culture

 

Council received grant funding for flood damage expended in the previous year as well as other grants for public recreation.

 

10      Mining, Manufacturing and Construction

 

There were also increases in fees and charges relating to an increase in development.

 

11      Transport and Communication

 

Major variations related to $1.4m in flood damage works and associated subsidy.

 

12      Economic Affairs

 

Council undertook additional private works with additional funding associated for the works.

 

13      General Purpose Income

 

Advance of the Financial Assistance Grant was not received this financial year and was offset slightly by better than expected returns from investments.

 

 

 

COMPARISON OF BUDGET TO ACTUAL 2013/2014

($'000)

 

EXPENSES

ORIGINAL BUDGET

INCOME

ORIGINAL BUDGET

 

 

2014

2014

2014

2014

 

 

$'000

$'000

$'000

$'000

 

GOVERNANCE

632

695

9

0

 

ADMINISTRATION

401

587

254

23

 

PUBLIC ORDER & SAFETY

1,200

618

337

328

 

HEALTH

221

82

158

149

 

ENVIRONMENT

5,324

4,802

5,720

4,845

 

COMMUNITY SERVICES &

 

 

 

 

 

  EDUCATION

627

390

402

346

 

HOUSING & COMMUNITY

 

 

 

 

 

  AMENITIES

1,422

1,425

105

219

 

WATER SUPPLIES

4,398

4,460

13,348

14,678

 

SEWERAGE SERVICES

4,905

4,759

4,705

4,580

 

RECREATION & CULTURE

3,187

2,629

515

173

 

MINING, MANUFACTURING

 

 

 

 

 

  & CONSTRUCTION

312

372

140

47

 

TRANSPORT &

 

 

 

 

 

  COMMUNICATION

12,324

12,759

3,455

2,418

 

ECONOMIC AFFAIRS

527

198

75

8

 

TOTALS - FUNCTIONS

35,480

33,776

29,223

27,814

 

GENERAL PURPOSE

 

 

 

 

 

  REVENUES

0

0

12,063

12,899

 

TOTALS

35,480

33,776

41,286

40,713

                     The above functions conform to those used by the Australian Bureau of Statistics and provide a basis for comparison with other councils.

 

                    

Comparison of Actual Performance of Principal Activities

 

Comparison of the Council’s actual performance of principal activities for 2013/2014 are provided in the twelve month review ending 30 June 2014 of Delivery Program 2012-2016 and the Operational Plan 2013-2014 below:

 

 

 

                    

Achievements in Implementing the Community Strategic Plan

 

TWELVE MONTH REVIEW ENDING 30 JUNE 2014

 

of

 

DELIVERY PROGRAM 2012 – 2016

 

and

 

OPERATIONAL PLAN 2013 – 2014

 

 

 

INTRODUCTION

 

The intention of this report is to document Council’s progress and effectiveness of Council activities as it strives to implement its stated strategies to achieve the objectives under each of the eleven (11) Key Strategic Directions outlined in its Community Strategic Plan 2022.

 

The 11 Key Strategic Directions are:

 

1        Civic Leadership and Administration

2        Public Order and Safety

3        Public Health

4        Community Support and Education

5        Environmental Planning

6        Building Regulation

7        Environmental Services and Community Amenities

8        Recreation and Culture

9        Transport

10      Local Economy

11      Water Cycle

 

This report should be read in conjunction with Council’s Quarterly Budget Reviews which outline how Council is tracking against allocated budgets.  Over time, it is intended to better integrate both the financial measures and strategic outcomes into one snapshot, easily understood document, rather than the two current large standalone documents.

 

Under Council’s Community Strategic Plan the 11 Key Strategic Directions are embellished with 31 Objectives, which are subsequently supported by some 58 Strategies.  The 58 Strategies are carried through into the 4 year delivery plan and allocated across the organisation with specific tasks, programs or actions for which their progress is reported on through this 6 monthly review report.

 

Council’s systems are not yet integrated sufficiently, nor does Council have the resources to provide very sophisticated reports with benchmarks or performance percentages which other larger Local Government areas are able to produce. Given time the Nambucca Shire Council Integrated Planning and Reporting processes will be embellished.

 

 

 

The Delivery Program 2012 – 2016 and Operational Plan 2013 – 2014

 

Strategic Direction: Leadership and Administration

 

1.1 Objective: Citizen Engagement

The Council and the community support open government where public participation is encouraged in policy development and major decisions, as well as in Council’s daily operations.

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Using a variety of tools, engage with the community in ways that are accessible and transparent, and use information from the community in decision making

Continue to liaise with Council Section 355 committees to provide advice on policy areas

General Manager

 

Minutes of the nine advisory committees are submitted to Council for consideration

 

Minutes reported

Use public relations, printed materials, Council’s website and personal communications to inform stakeholders and community

General Manager

 

AGMs

 

Media releases are developed and distributed.

Website is kept up to date

Media releases issued.  Rates newsletter issued.  Information Technology Officer periodically checking website.  Away Council meetings commenced in 2013.

Website updated with latest information including photos of impounded animals for sale or recovery and updated companion animal, stock impounding information and Special Rate Variation information

 

Encourage involvement by a variety of community stakeholders in the activities of Council

General Manager

 

AGMs

Managers

Advertisements for relevant activities as required

Encouraging use of media releases instead of paid advertisements to reduce cost.  Paid advertisements used where there is a statutory or other requirement.

Newspaper interviews and stories have been utilised to increase community awareness of dog control and swimming pool legislation

 


 

 

Plan to undertake Community Satisfaction Survey in December 2013

General Manager

 

Contract survey as required

Community Survey of 400 residents undertaken by Jetty Research in June 2013

 

Issue a newsletter with the 2013/2014 rates notice

General Manager

 

Newsletter is issued with 2013/2014 rates notice.

Newsletter mailed out with 2013/14 Rate Notices.

 

 

Strategic Direction: Leadership and Administration

 

1.2 Objective: Delivery of Services

Delivery of services to the community is consistent with their requirements and Council’s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Ensure the sustainable delivery of infrastructure and services

Periodic review and ongoing implementation of asset management plans and use in budget and work plan development

Manager Assets

All infrastructure has up to date management plans

Asset Management Working Group comprising of Corporate and Engineering staff was formed to review Asset Management Plans policies, data capture and service delivery

Reviewed Policies and Plans reported to Council

 

Implement organisation structure and staffing review outcomes

General Manager

 

AGMs

All adopted review recommendations have been implemented

Review of Organisation Structure adopted in May 2013.

Business Services Unit (BSU) established

 

 

Continue performance reviews of staff performance and provide training and attendance at external conferences where identified to ensure Council’s goals are being met

General Manager

 

 

 

 

 

 

AGMs

Managers

All performance reviews are conducted.

Staff receive training and have the capability to meet service delivery requirements

Scheduled performance reviews generally complete

 

Performance management on-going

 

Training undertaken to meet statutory and professional development requirements

 


1.2 Objective: Delivery of Services continued

Delivery of services to the community is consistent with their requirements and Council’s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide opportunities for Councillors, especially new ones, to attend training relevant to their duties

Manager Human Resources

Councillors attend training and support sessions

Ethics and Code of Conduct training for new Bellingen and Nambucca councils held on 21 September 2012

 

 

Implement human resource management practices

General Manager

 

Manager Human Resources

Retention rates increase over time

Staff turnover has decreased.  5.3% in 2009/10; 7.5% in 2010/11; 11.2% in 2011/12; 8% in 2012/13; 6% in 2013/14

 

 

Comply with local government legislation, policies and agreed standards

All staff

 

 

 

 

 

Manager Development & Environment

Fulfillment all reporting requirements

MANEX maintains a register of known legislative or regulatory noncompliance.

Engineering Services’ works undertaken in accordance with local government legislation, policies and agreed standards.

Coverage achieved

Local Government (Keeping of animals) Policy being evolved into Local Orders Policy for compliance empowerment also complaint weighting is being prepared to improve service delivery in important cases removing vexatious complaint engagement

Public and private swimming pool inspection regime implemented.

 

Comply with financial management requirements

All staff

 

Fulfillment of all financial management requirements

2013/14 Financial Statements and Auditors Report presented to Council October 2014

September 2013 QBR submitted to Council in November 2013

December 2013 QBR submitted February 2014 QBR reported

and March QBR submitted in May 2014.  All reporting was within statutory timeframes.

 

1.2 Objective: Delivery of Services continued

Delivery of services to the community is consistent with their requirements and Council’s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide information and assistance at front counter for a range of community needs

Business Services Unit

 

Community Development

Provision of information on development applications, complaints handling protocol,

Customer service training

Use of MERIT reviewed and improved.

Information being applied and distributed. MERITS being taken and processed

Ensure Council adheres to Equal Employment Opportunity (EEO) principles

All staff

 

Manager Development & Environment

All recruitment processes incorporate EEO principles.

Compliance being met

Provide and maintain information management systems that meets user needs, including GIS, software and data systems to manage corporate information

Implement Merit customer request system

 

Manager Information Technology

 

Sr GIS Officer

 

Rates Officer

Systems are efficient, effective and information is easily accessible

Merit processing has been improved and a system health-check has been performed by the vendor identifying many short, medium and long term recommendations that will improve Council’s usage of the system. Council is currently planning to implement a number of these recommendations Q1 2015. There were 2330 calls logged in the 2013/2014 period, with the breakdown of external calls being as follows:

Health and Regulatory

30.09%

Malicious Damage

0.52%

Noxious Weeds

0.86%

Parks & Reserves

7.30%

Public Facilities

1.55%

Roads

27.25%

Sewerage

4.68%

Traffic

3.05%

Waste

1.16%

Water Supply

5.71%


 

 

Continue to improve new Authority software operation

Manager Information Technology

 

 

Systems are efficient, effective and information is easily accessible.

Council is currently testing Authority 6.9 and has been making incremental improvements including GIS integration and reporting. Plans are currently progressing well for the implementation of Purchase Cards and improvements are being made in mobility using tablet devices and electronic forms. A trial recently concluded successfully integrating septic inspections with Authority registers.

 

Council is currently trialing online access to GIS data and is testing integration with data provided by the LPI.

 

Council is currently testing an upgrade to the TRIM software used for records management. This will make additional functionality available including access to publically available documents applicable to outstanding development applications.

 

Establish community needs through consultation and involve community in review and future development of Community Strategic Plan, and Delivery and Operational Plans

Conduct community consultation to review Delivery and Operational plans for 2014-2015 and promote awareness of Community Strategic Plan

 

General Manager

 

AGMs

 

Managers

 

Manager Development & Environment

Community consultation opportunities are facilitated and feedback is incorporated into plans where appropriate

Detailed review and community engagement conducted in conjunction with Special Rate Variation application. IPR suite of documents updated and adopted in June 2014 in line with legislative requirements

 

Use Community Satisfaction Survey to inform planning processes and help identify infrastructure needs

General Manager

 

AGMs

Survey outcomes are used in developing plans

Survey conducted in June 2013.  Findings being used as appropriate

 

 


 

Strategic Direction: Leadership and Administration

 

1.3 Objective: Risk Management

Reduce risks to Council’s and community operations through effective, timely and affordable risk management strategies

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Implement the risk management action plan

Review the risk management action plan and update if required

Safety & Risk Officer

Documented review of plan

Completed – new plan in draft form due to changes in requirements by Insurer

 

Implement WHS action plan, conducting WHS audits and reviewing as required

Safety & Risk Officer

Action plan activities and audits are completed

Completed – new plan drafted.  Site inspections conducted on a weekly basis

 

Annual review of insurance coverage

Safety & Risk Officer

 

Up to date certificates of currency

 

Completed

Manage instances of safety, regulatory or financial mishaps which cause a financial risk to Council

Safety & Risk Officer

 

General Manager

 

Reduction of impact on Council resources

Reduction in claims and notifiable incidents

Maintain database of all loss events

Safety & Risk Officer

Accurate information is available for insurance purposes

 

Database maintained

Maintain and review risk register

Safety & Risk Officer

Accurate risk register kept

Risk Register maintained.  Electronic JRS profiler introduced.  Currently in test

 

Deliver relevant training and effective awareness programs to staff on workplace safety

 

Safety & Risk Officer

Induction of staff.

Number of training awareness programs conducted.

Reduction in number of work related claims or reported incidents.

All new staff inducted.  Training provided as per training needs plans and supervisor requests.  Number of workers compensation claims reduced

 

 


Strategic Direction: Leadership and Administration

 

1.4 Objective: Sustainable Energy Use

Provide community leadership in sustainable energy use and strive to meet the State government’s commitment to becoming carbon neutral by 2020

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Implement technologies in Council facilities and infrastructure to reduce Council’s greenhouse gas emissions

Waste Management activities including resident education package which will reduce the need for waste collection and hence greenhouse gas emissions by using less trucks.

 

Manager Business Development

 

Technical Officer - Assets

WASIP grant is fully expended

NSW Crown Land  grant of $110,000 for an energy and effluent system infrastructure installed at Gumma Reserve

Make information available to the community to help them reduce energy use

Provide links on Council’s website to reputable websites that provide information on sustainable energy use and Government objectives to reduce greenhouse gas emissions

 

General Manager

 

 

 

At least one link to be provided, and updated as required

Council contributes to the sustainability and educational material for a EEC

 

 

 

 

Strategic Direction: Public Order and Safety

 

2.1 Objective: Community Safety

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide support for local emergency services and beach safety

Participate in rural fire service management and maintain membership of the Nambucca Bush Fire Management Committee

Engineering Services

Council is represented on Committee.

Service level agreement is reviewed quarterly

Cr Ainsworth elected as the Council representative to the Committee.  Four meetings were held during 2013/14 and the minutes of each meeting was reported to Council.

Rural Fire Service (RFS) presented the draft “BID” to Council in January 2014

Maintain the urban fire trail network to protect public and private infrastructure from bush fires

Engineering Services

Fire trails are mown twice a year, in October and February

Trails were maintained in October 2013 and February 2014 as scheduled with the completed works entered into the RFS BRIMS and payment received from the RFS

Contribute statutory 13.3% in budget to fire control and other contributions to Volunteer Rescue Authority and Marine Rescue Authority

Engineering Services

Allocations are made in annual budget in line with draft budget prepared by Emergency Services

A budget allocation was provided in the 2013/14 financial year

 

RFS presented the draft “BID” to Council in January 2014

 

 

2.1 Objective: Community Safety continued

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Ensure buildings and facilities at fire control centre and SES/Volunteer Rescue/Marine Rescue are managed to meet standards

Engineering Services

WH&S inspections are conducted.

Building Management Committee meets regularly

Following the adoption of the Asset Management Plan for the NEOC Council resolved to reduce the meeting cycle from four to two meeting per year as general maintenance issues can be addressed as they arise through the year

Provide and replace vehicles in accordance with policy for State Emergency Service

Engineering Services

Vehicles are replaced

RFS fleet management  is now administered through the NSW RFS who are developing a 10year replacement program in 2014/15 for Council consideration as the provision of funding from Council is an issue

Provide lifeguard services as per contract, including annual contribution through s.94 plan.

Engineering Services

 

 

 

 

 

 

Lifeguards are on duty at required times and activity reports are submitted to Council by 31 March.

Equipment is purchased

A new five year contract was awarded in 2013/14 for the provision of life guard services provided over Xmas/New Year holiday period

 

The end of season life guard services report was presented to Council in March 2014

Contributions allocation is included in budget


 

 

Provide and maintain beach safety signage

Engineering Services

Signage is in place and meets current standards

An audit was undertaken on all Nambucca Shire Council beaches by a State Government program in 2014 for safety on beaches All  signage installed at the beach and access locations are compliant with regulatory and non-regulatory warnings

 

 

2.1 Objective: Community Safety continued

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide ranger service to supervise vehicles on beaches

Manager Development & Environment

4WD vehicles on beaches comply with permit conditions

Two Council Rangers undertook random surveillance of beaches as well as continued passive surveillance from the Volunteer Rangers

 

Two new Volunteer Rangers were appointed to the Beach Access Committee in 2013/14

 

The community Survey undertaken in 2013 canvassed resident attitudes towards 4WD vehicles on beaches and level of monitoring

 

Provide leadership in safety initiatives

Advocate for adequate police resources

Mayor

 

General Manager

 

Increase in number of hours that police officers spend in Nambucca District

Mayor regularly attends Police Community Advisory Meetings.  Lobbied for the continuation of Court House.  Attended community meetings concerned with policing

 

Advocate for road safety initiatives, including through active Traffic Advisory Committee considering road safety improvements.

Engineering Services

Committee progresses road safety actions

 

Traffic Committee meetings were conducted through 2013/14 which addressed a number of safety improvements resulting in a number of speed zones on rural roads being reduced.

Minutes of the Traffic Committee were reported to Council for formal resolutions

Work with District Police to implement specific safety initiatives such as Alcohol Free Zones

 

Manager Community Development

 

Engineering Services

Number of safety initiatives implemented

Review of Alcohol Free Zone at Visitor Information Centre and Brotherhood Park Nambucca Heads completed and re-established for 4 years.  Signage updated by 1 June 2014.

 

 

Strategic Direction: Public Order and Safety

 

2.2 Objective: Companion Animal Welfare

To proactively manage companion animals to ensure the community’s safety and to improve animal welfare

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Manage companion animals to ensure the community’s safety and improve animal welfare

Undertake patrols and respond to complaints about companion animals

Manager Development & Environment

Number of impounded animals is reduced.

Number of euthanaised animals is reduced

Web-site improved with impounded animals being photographed and displayed for recovery or sale

Council subsidises de-sexing of animals to increase saleability of animals

Support programs to improve the welfare of companion animals, including investigating grant opportunities for owner education.

Manager Development & Environment

 

Ranger

Contractor

 

Grants Officer

A program is run which educates owners on responsibilities

 

Free de-sexing , immunisation and micro chipping successfully carried out on both missions in conjunction with RSPCA

Grant needs list includes this program