NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 January 2015

 

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 - 15 January 2015

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 11 December 2014.............................................................................. 6

5        NOTICES OF MOTION  

6        DEELEGATION/PUBLIC FORUM

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

          I)  Mr Paul Burgess

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.................................................................................... 15

9.2     Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate--DELEGATION................................................................................................................ 22

9.3     Renewal of Lease for Bowraville Golf Course................................................................... 28

9.4     Management of Bookings at the Visitor Information Centre............................................... 38

9.5     Dogs at Gumma Reserve................................................................................................ 42

9.6     Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads ..................................................................................................................................... 45

9.7     Notification of DA2014/183 referral to the JRPP............................................................... 49

9.8     Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 December to 6 January 2015................................................................................ 71

9.9     Council Ranger's Report December 2014......................................................................... 74

9.10   2014 December - Construction And Complying Development Certificates Approved ......... 76

9.11   2014 December - Development and Complying Development Applications Received......... 81

10      Assistant General Manager Corporate Services Report

10.1   Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking..................................................................................................................................... 84

10.2   Grant Application Status Report ..................................................................................... 98

10.3   Schedule of Council Public Meetings............................................................................. 101

10.4   Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 11 December 2014............................................................................................................ 102

10.5   Defence of claim by Community Housing Ltd................................................................. 108


11      Assistant General Manager Engineering Services Report

11.1   NSW Rural Fire Service Liaison Committee meeting Thursday 12 November 2014 – Service Level Agreement 2014............................................................................................................ 138

11.2   Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014...................... 143

11.3   Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014............................ 152

11.4   T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites... 193

11.5   RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting........................................................................................................................ 195

11.6   Roundabout treatments Pacific Highway Upgrade Warrell Creek to Nambucca Heads....... 197

11.7   T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads.......................................................................................................................... 200    

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

12.1   T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

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

 

12.2   Coffs Coast Waste Service - Mixed Waste Processing

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 11 December 2014

The following document is the minutes of the Ordinary Council meeting held 11 December 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 January 2015 and therefore subject to change.  Please refer to the minutes of 15 January 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

FUNERAL OF MR PHILLIP HUGHES

 

The Mayor thanked the Assistant General Manager Engineering Services, Mr Paul Gallagher and all his staff for the mammoth task of organising buses, traffic, shuttle bus, parking, street closures and providing water for the attendees.  There was an amazing response from the general public .  The Mayor also thanked the staff who fielded the many telephone calls.  She said staff worked above and beyond the call of duty to make this event go smoothly in a very short lead up time.

 

The Mayor also thanked the Deputy Mayor, Cr John Ainsworth, for his help in sharing the hundreds of phone calls from the media leading up to the event.

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.4 Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land under the Local Government Act as Cr Flack is a non-executive member of the Nambucca Valley Conservation Association Inc (NVCA).  Ms Allen’s delegation to Council was as a representative of NVCA.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.1 Feasibility of providing sewerage infrastructure to South Nambucca under the Local Government Act as Cr MacDonald’s sister has property in Kingsworth Estate and they may be financially affected by Council’s decision.  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 November 2014

 

581/14 RESOLVED:        (South/Morrison)

 

That the minutes of the Ordinary Council Meeting of 27 November 2014 be confirmed.

 

 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

9.2     Support for Tourism and the Future of the Visitor Information Centre

i)   Mr Dave Banks on behalf of Nambucca Valley Tourism

ii)  Mr Barry Duffus OAM

 

9.4     Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

          i)   Ms Georgette Allen – President of Nambucca Valley Conservation Association

 

1           Mr Dave Banks addressed Council making the following points:

·    Chairman Nambucca Valley Tourism Association

·    Acknowledged the people who present in the Gallery offering support tonight

·    Nambucca Valley Tourism’s preferred options are as follows:

Option 1 - retain the existing visitor information centre and deliver the same service (status quo)

Option 2 - preferred option – retain the existing visitor information centre plus establish a second visitor information centre at the proposed Highway Service Centre on the Nambucca Heads Interchange - for example, in a food court area

The second centre could be as simple as a brochure stand, as per the recently adopted Taree model

Option 3 – the Nambucca Valley Tourism Association consider this not an option

Option 4 - the Nambucca Valley Tourism Association consider this not an option

·    Recommendation 1 – the Nambucca Valley Tourism Association consider this not an option

·    Recommendation 2 – the Nambucca Valley Tourism Association consider this not an option

 

2        Mr Barry Duffus addressed Council making the following points:

·    Unsure about the budget presented in the report for operating expenses and overheads – believes the sums don’t add up

·    (Council will) Rue the day you made the decision to close the Nambucca Visitor Information Centre

·    Our brochures are not well displayed in Coffs Harbour

 

ITEM 9.2      SF929                111214      Support for Tourism and the Future of the Visitor Information Centre

Motion:      (Morrison/Finlayson)

 

1        That Council be committed to providing continued support to the Nambucca Tourist Association in the operation of the Visitor Information Centres in support of the Nambucca region.

 

2        Retain the existing Visitor Information Centre plus establish a second Visitor Information Centre at the proposed Highway Service Centre at the Nambucca Heads interchange.

 

Amendment:       (Ainsworth/Flack)

 

That Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads interchange.

 

The amendment was carried and it became the motion:

 

Motion:      (Ainsworth/Flack)

 

That Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads interchange

 

Amendment:       (MacDonald/South)

 

That Council be committed to providing continued support to the Nambucca Tourist Association in the operation of the Visitor Information Centre in support of the Nambucca region and that the expenses incurred by secondary site may need to be funded by the tourism business.

 

That the Association know that going forward the situation may have to be reviewed in light of any joint organisation.

 

The situation be reviewed every 12 months following the secondary Visitor Information Centre being opened at Highway Service Centre.

 

In the interim Council not discount any opportunity of entering into an agreement with other councils concerning a regional tourist site at the Highway Centre.

 

The amendment was LOST.

 

(582/14 Resolved:       (Ainsworth/Flack)

 

That Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads interchange.

 

583/14 Resolved:        (Hoban/Ainsworth)

 

That the results of any discussions with Coffs Harbour City Council and Bellingen Council be made available to the Nambucca Valley Tourist Association and general public for consideration and comment prior to any decision being made by Council.

 

 

DELEGATIONS continued

 

Ms Georgette Allen addressed Council to a prepared statement which is on File SF600.

 

ITEM 9.4      SF600                111214      Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

584/14 RESOLVED:        (Hoban/Morrison)

 

That this item be deferred

 

 

 

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                111214      Outstanding Actions and Reports

585/14 RESOLVED:        (MacDonald/Ballangarry)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

ITEM 9.3      SF1886              111214      Productivity Savings - Organisation Structure

586/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council seek expressions of interest from its staff for voluntary redundancy as per the Local Government Award provisions, noting that Council is not obliged to make an offer, with each offer to be assessed on its merits including the duties of the position, the cost of the position to the general fund and the cost of the redundancy.  Following referral to the Consultative Committee, recommendations to make offers of voluntary redundancy will be reported to Council for determination as a variation to the organisation structure.

 

2        That Council make representations to the Premier of NSW and the Deputy Premier for the appointment of an independent authority to determine the funding package to be provided by Roads and Maritime Services to Councils for the maintenance of the old (by-passed) Pacific Highway.  Further that MIDROC be requested to support Council’s request.

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF97                  111214      Review of Alcohol Free Zone and Alcohol Prohibited Area around central business area and Gordon Park Nambucca Heads

587/14 RESOLVED:        (Finlayson/Ainsworth)

 

1          That Council establish an Alcohol Free Zone in Nambucca Heads in accordance with Section 644 of the Local Government Act (1993) in the area described as:

·           an Eastern boundary of Wellington Drive (between the river and Ridge Street) and Estuary Lane;

·           a Northern boundary being Short Street (from Estuary Lane), Fletcher Street and Mann Street to the intersection with West Street;

·           a Western boundary being Creek Street, south to its intersection with Fraser Street and

·           a Southern boundary of the Nelson Street Creek Street intersection, past the RSL Club; through Gordon Park.

 

2          That the Zone becomes effective upon expiry of the current Zone and concludes 10 January 2019.

 

3          That the Alcohol Prohibited Area remain in Gordon Park, effective 24 hours 7 days to maintain consistency with the surrounding Alcohol Free Zone.

 

 

 

ITEM 9.6      SF1398              111214      Council's Delivery of Youth and Community Development

588/14 RESOLVED:        (Flack/Finlayson)

 

That the report be noted. 

 

 

 

ITEM 9.7      SF1920              111214      Minutes of the Access Committee meeting held 28 October 2014

589/14 RESOLVED:        (Ainsworth/South)

 

1          That the resignation of Mrs Shirley Holmes as Chairperson of the Access Committee is accepted, and that a letter of thanks is sent in appreciation of Shirley's efforts, participation, and her care and understanding of those with special needs.

 

2          That Cr South be appointed Chairperson until the AGM in March 2015.

 

3          That the Government response to the Staysafe Inquiry Report into Non-registered Motorised Scooters be noted.

 

4          That Council notes the Committee’s support for improvements to Macksville Bridge walkway with applications for funding being made as a matter of priority for the northern approach; and further, with Council staff giving consideration to alternatives to improve the bridge walkway section and applying for funding as opportunity arises for those works. 

 

5          That Council note the information in regard to the Disability Act Regulation including its integration with Council’s community planning and proposed timeframes. 

 

6          That the remainder of the minutes of the Nambucca Shire Council Access Committee meeting held 28 October 2014 be endorsed.

 

 

 

ITEM 9.8      SF1920              111214      Minutes of the Access Committee meeting held 25 November 2014

590/14 RESOLVED:        (Flack/Ainsworth)

 

That the minutes of the Nambucca Shire Council Access Committee meeting held 25 November 2014 be endorsed.

 

 

 

ITEM 9.9      SF1361              111214      Unreasonable Complainant Conduct - Model Policy

Motion:      (Ainsworth/Flack)

 

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct.

 

Amendment:       (Morrison/Ainsworth)

 

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct and that any review undertaken be conducted by an external source.

 

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

 

591/14 Resolved:        (Morrison/Ainsworth)

 

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct and that any review undertaken be conducted by an external source

 

 

 

ITEM 9.10    SF1947              111214      Outstanding DA's greater than 12 months, applications where submissions received not determined from 20 November to 3 December 2014

592/14 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.11    SF1148              111214      Council Ranger's Report November 2014

593/14 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.12    SF1947              111214      2014 December - Construction And Complying Development Certificates Approved November 2014

594/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

ITEM 9.13    SF1947              111214      2014 December - Development and Complying Development Applications Received

595/14 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              111214      Fit for the Future Report 3 - Improvement Proposal

596/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council receives this report and notes the information it contains.

 

 

 

ITEM 10.2    SF251                111214      Schedule of Council Public Meetings

597/14 RESOLVED:        (Flack/Ainsworth)

 

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

 

 

 

ITEM 10.3    SF1991              111214      Investment Report To 30 November 2014

598/14 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

Cr Macdonald left the meeting for this Item at 8.08 pm and returned after the conclusion of the Item at 8.09 pm.

 

ITEM 11.1    SF247                111214      Feasibility of Providing Sewerage Infrastructure to South Nambucca

599/14 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council note the information contained in the report from Pressure Sewer Solutions (Trim doc. 35167/2014).

 

2        That Council make a submission to the NSW Office of Water seeking a funding contribution to the project.

 

3        NSW Public Works and/or a representative of Clarence Valley Council be invited to provide Council’s Water and Sewerage Steering Committee with a briefing on the establishment and operation of the Iluka sewerage scheme, and particularly the arrangements for the installation, operation and maintenance of the pump station wells located on private land, the necessity for easements etc.

 

4        There be a further report to Council on the project following the determination of the grant application for the South Nambucca Sewerage under the National Stronger Regions Fund.

 

 

 

ITEM 11.2    SF1031              111214      Review of Policy - Sustainable Fleet and Plant 2014

600/14 RESOLVED:        (Flack/Ainsworth)

 

That this item be deferred.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/Ballangarry)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF929                111214      Support for Tourism and the Future of the Visitor Information Centre - Report in Closed

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              111214      Investigation of 83 Old Coast Road, North Macksville

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.10 pm.

 

 

 

RESUME IN OPEN MEETING

 

 

601/14 RESOLVED:        (Ballangarry/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.43 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

From Confidential Business Paper in Closed Meeting

ITEM 12.1    SF929                111214      Support for Tourism and the Future of the Visitor Information Centre - Report in Closed

602/14  RESOLVED:       (Ainsworth/Finlayson)     

 

That the information concerning bookings made at the Nambucca Visitor Information Centre be received.

 

603/14 Resolved:        (Flack/Smyth)

 

That Council receive a report on how the issue of bookings at the Visitor Information Centre on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.

 

 

 

From Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              111214      Investigation of 83 Old Coast Road, North Macksville

604/14 RESOLVED:        (Flack/Smyth)

 

1        That Council staff commence proceedings against the owners of the site for their offence against section 76B of the Environmental Planning and Assessment Act 1979

 

2        Give both the owners of 83 Old Coast Road, North Macksville and Mr Linder the opportunity to lodge a written application to Council to vary the restriction on the numbers of dogs within Councils Local Approvals Policy – Keeping of Animals by demonstrating that such a variation will have no potential or actual disturbance to health, environment, or neighbourhood amenity.

 

3        If sufficient applications are not received, proceed with issuing orders under section 124 of the Local Government Act 1993 to reduce the number of dogs kept on the properties to two.

 

4        Issue an order to the owners of 83 Old Coast Road, North Macksville under section 124 of the Local Government Act 1993 to reduce the number of cattle on the site to no greater than five.

 

5        Seek compliance from the owners of 83 Old Coast Road, North Macksville regarding the dogs that are still microchipped to the site but no longer live at the property and the dogs at the site that are not microchipped or registered.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.43 pm. 

 

Confirmed and signed by the Mayor on 15 January 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

 

 

          


Ordinary Council Meeting                                                                                                15 January 2015

General Manager

ITEM 9.1      SF959              150115         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.

Speed camera now installed on northern end of Macksville Bridge.

 

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 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.

 

 

JULY 2014

 

13

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.

 

Follow up letter sent 17/12/2014

 

AUGUST 2014

 

14

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.

 

15

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

 

16

SF595

28/08/14

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

 

AGMES

March 2015

 

SEPTEMBER 2014

 

17

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.

 

18

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).

 

19

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.

 

20

SF399

26/09/14

Council requested 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

 

21

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.

 

22

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.

As at 3/12/2014 Council had not received the written undertaking from Ms Gee.

 

 

23

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.

 

 

24

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.

A report in the business paper to the meeting on 16/12/2014 regarding outcome of Valla Beach Community Association meeting and an alternative proposal was deferred at the request of the Pre-School.

 

 

25

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.

 

26

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

 

27

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

 

28

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

 

29

SF2031

27/11/14

Council’s 2015/16 budget consider an additional, third flag pole for the front of the administrative centre.

 

GM

Report with operational plan – April/May 2015

 

30

SF2031

27/11/14

Council’s 2015/16 budget consider a commemorative board for the Council Chambers acknowledging all Councillors and staff who served the Council in its centenary year.

 

GM

Report with operational plan – April/May 2015

 

31

SF1997

27/11/14

Council’s Finance Section be asked to review, when time permits, Council’s current liquid equity levels & their relationship to the minimum level of Council’s policy.

 

AGMCS

Early 2015.

 

DECEMBER 2014

 

32

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed VIC from the proposed highway service centre.

 

GM

Letters sent 18/12/2014

 

33

SF1886

11/12/14

Council make representations to the Premier and Deputy Premier for the appointment of an independent authority to determine the funding package to be provided by the RMS to Councils for the maintenance of the by-passed Pacific Highway.  Further than MIDROCe be requested to support Council’s request.

GM

Letters sent 18/12/2014

 

34

SF247

11/12/14

Council make a submission to the NSW Office of Water seeking a funding contribution to the provision of sewerage to south Nambucca.

 

AGMES

 

 

35

SF247

11/12/14

NSW Public Works and/or a rep of Clarence Valley Council be invited to provided Council with a briefing on the establishment & operation of the Iluka sewerage scheme …

AGMES

 

 

36

SF247

11/12/14

There be a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.

AGMES

 

 

37

SF929

11/12/14

Council receive a report on how the issue of bookings at the VIC on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.

GM

Report January 2015

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                15 January 2015

General Manager

ITEM 9.2      PRF72              150115         Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

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

 

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

 

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

 

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

 

 

Recommendation:

 

1        That Council advise Pacifico that the community classification of the land effectively means that Council is unable to enter into an agreement for the use of the water from the Kingsworth Estate dam.

 

2        That Council advise Mr Ian Love that he has not provided evidence of the claim for water rights, but regardless Council will not be proceeding to consider any lease or licence of the land or its water to Pacifico.

 

 

OPTIONS:

 

Council can proceed with the necessary process to enter into a lease or licence with Pacifico for the use of the water in the Kingsworth Estate dam.

 

Council has already resolved to seek the reclassification of the land from community to operational land however this process is likely to take in excess of 12 months.

 

 

DISCUSSION:

 

This report was considered by Council at its meeting on 13 November 2014.  Following an address to Council by an adjoining land owner, Mr Paul Burgess, it was resolved that the matter be deferred for one month so as to allow time for Burgess to provide documents to Council in regard to his claim for water rights.

 

Council has now received a letter from Ian Love, Solicitor on behalf of Mr Burgess.  The letter is attached.  It relevantly states as follows:

 

“Mr Burges has an interest as a proprietor in that water; in the drawing and allocation of water; and the allocation of water rights.

 

His rights are valuable and also have a significant value to his real estate bordering the lake.  My client understands that there is a proposal to allow parties involved in the highway upgrade (Pacifica) to draw water.

 

My client would object strenuously to any such process without the involvement of the State Government, without the application for the necessary licences and without his opportunity to object.

 

Please note our interest and let me know the council’s current intentions.”

 

The letter from Ian Love does not provide any evidence as to Mr Burgess’ claim for water rights, but asserts that he has in interest as a proprietor in that water.  That assertion is not borne out by the attached aerial photo with cadastral detail showing the reserve.  Mr Burgess’ claim could only be determined by a survey which defines his common boundary and the extent of the water body at various capacities.

 

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

 

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

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

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

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

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

               mitigate any disturbance caused by human intrusion, and

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

It is apparent that Burgess will be an objector to any proposed lease or licence of the land to Pacifico.  From the previous reports on the reclassification of the land it is likely there will be other objectors to any proposed lease or licence to Pacifico.

 

Given the opposition to a proposed lease or licence and the considerable amount of administrative work required to deliver a negotiated lease or licence it is not recommended that Council further consider the matter and decline the request from Pacifico.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Based on a standard lease agreement for the use of the land, it is quite realistic that Council could have achieved a rental return of at least $10,000 per annum.  It’s unfortunate that the community land classification denies a Council with weak financial sustainability and a negative outlook the opportunity achieve some return from a relatively low key and sustainable use of the land.

 

Source of fund and any variance to working funds

 

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

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

1

37649/2014 - Savage & Love letter

 

2

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

 

  


Ordinary Council Meeting - 15 January 2015

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

 


Ordinary Council Meeting - 15 January 2015

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

 


Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.3      SF1535            150115         Renewal of Lease for Bowraville Golf Course

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report recommends the issue of a new lease to the Bowraville Recreation Co-operative for the use of Council land for the Bowraville Golf Course for an annual rental of $5.00 to be paid in advance for a five year term.

 

 

Recommendation:

 

1.       That Council provide public notice of a proposed lease of community land to the Bowraville Recreation Co-operative being the land comprising the Bowraville Golf Course, with the lease to commence at the expiration of the current lease on 12 March 2016 for a term of 5 years at an annual rental of $5.00.

 

2.       The terms of the lease to be generally the same as the current lease (except for the term).

 

3.       That the Bowraville Recreation Co-operative pay the legal costs associated with the preparation and registration of the lease.

 

4.       In the event that there are no public submissions in response to the public notice of the proposed lease, that the General Manager be provided with delegated authority to finalise the lease and that Council’s seal be attached to legal documents as required.

 

5.       Following the execution of any lease, that Council’s land register be updated.

 

 

OPTIONS:

 

Council can elect to defer consideration of the matter to a time closer to the expiration of the existing lease on 12 March 2016.

 

Council can elect not to issue a lease for the use of the land in which case the use of the Golf Course would cease.  This in turn would likely impact on the financial sustainability of the Co-operative.

 

Council can elect to renew the lease and set the annual rental at more than a “token” value.  The reasons for maintaining a “token” rental are discussed in the report.  Increasing the annual rental to something akin to a commercial value may impact on the financial sustainability of the Co-operative.

 

Council can elect to enter into a lease for a term longer than 5 years.  The relevant question to the issue of a lease for a longer term such as 20 years is whether or not Council should be binding itself (and any successor) for such a lengthy term to what in effect is a non-commercial lease.  The circumstances of the Bowraville Recreation Co-operative may also change and an extended lease may complicate any transition to a different operator or use.

 

DISCUSSION:

 

Council has received a request from the Treasurer of the Board of the Bowraville Recreation Co-operative seeking some certainty regarding the future lease of the Bowraville golf course which expires in March 2016.  The Treasurer advises there is no renewal provision in lease and seeks clarity as to Council’s intentions for the future of the course.

 

An extract from Council’s geographic information system (GIS) showing the location of the golf course is attached.

 

The golf course is located on Lot 482 DP 700681 which is Council owned land comprising the golf course plus the Hennessey Tape playing fields.  The land has an area of 22.3 hectares of which approximately 16.8 hectares is used for the golf course.  The remainder comprises the Hennessey Tape playing fields.

 

There is an existing lease in place between Council and the Bowraville Recreation Club Co-operative for the use of the Golf Course.  It is a 20 year lease which commenced on 13 March 1996 and which terminates on 12 March 2016.

 

The Bowraville Recreation Club has paid an annual rental of $5.00 plus GST for the use of the land.  The lessee is responsible for all rates and charges, however the golf course is listed as a non-rateable public reserve.

 

Section 47A of the Local Government Act 1993 provides for leases, licences or other estates in respect of community land for terms of 5 years or less, that the proposal must be notified and exhibited for a period of not less than 28 days.

 

It is recognised that the Bowraville Recreation Co-operative provides significant recreational opportunities for the people of Bowraville and its outlying areas.  At the same time it faces significant financial challenges in meeting increasing costs with a limited revenue base.  For this reason it is agreed that Council should enter into a new lease with the Bowraville Recreation Co-operative for use of the Bowraville Golf Course for the same token consideration as currently applies.

 

Notwithstanding that Council entered into a 20 year lease of the land in 1996, it is not recommended that Council bind itself and any successors to such a long lease at a token rental.  The circumstances of Council or the Bowraville Recreation Co-operative may change and given the token rental, a long term lease is an avoidable risk.  For this reason it is recommended that the term of the lease be for 5 years.

 

CONSULTATION:

 

There has been consultation with Council’s Manager Business Development and with the Mayor.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications of renewing or not renewing the lease are discussed in the report.

 

Economic

 

There are no economic implications.

 

Risk

 

The risk issues are discussed in the report.

 

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 will be staff resources required and advertising expenses in providing public notice of the proposed lease and possibly a further report to Council at the expiration of the advertising period.

 

Attachments:

1

38005/2014 - Bowraville Golf Course

 

2

429/2015 - Lease to Bowraville Recreation Club

 

  


Ordinary Council Meeting - 15 January 2015

Renewal of Lease for Bowraville Golf Course

 


Ordinary Council Meeting - 15 January 2015

Renewal of Lease for Bowraville Golf Course

 







Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.4      SF929              150115         Management of Bookings at the Visitor Information Centre

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council resolved to receive a report on how the issue of bookings at the Visitor Information Centre on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.

 

The reports identifies that full transparency is difficult because the information retained by Council is commercial in confidence.  More broadly the report discusses the potential for conflicts of interest in the operation of the Visitor Information Centre.

 

It is recommended that Council transfer responsibility for the reconciliation of the BookEasy bookings (cash, EFTPOS and credit) from Council’s Finance Section to the Nambucca Valley Tourism Association.

 

 

Recommendation:

 

That Council advise Nambucca Valley Tourism Inc. that it intends to transfer responsibility for the reconciliation of the BookEasy bookings (cash, EFTPOS and credit) and the remittance to operators from Council’s Finance Section to the Nambucca Valley Tourism Association as of 1 July 2015.

 

 

OPTIONS:

 

Council can elect to take no action.

 

Council can determine a different course of action.  A range of options were reported to Council’s meeting on 11 December 2014.

 

As discussed in the report another alternative is that Council’s finance section continue to undertake the reconciliation function but that Council retain the commission revenue.  This would be a disincentive for accommodation and tour providers as well as the Association to support the booking system and for this reason is not favoured.

 

Council could consider whether or not it is appropriate for the Tourism Co-ordinator to also be the Treasurer of Nambucca Valley Tourism Inc.  This is discussed in the report. In the context that a primary role of the Visitor Information Centre is to provide direct and indirect support to individual businesses, the fact the Tourism Co-ordinator is engaged to support the peak body is not contrary to her role in supporting business.  The alternative view is that if there is a conflict in the objectives of the Association and Council it is not appropriate that the Tourism Co-ordinator have a work obligation to both.

 

DISCUSSION:

 

At Council’s meeting on 11 December 2014 it was resolved:

 

“That Council receive a report on how the issue of bookings at the Visitor Information Centre on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.”

 

The net cost to Council of its tourism function is $152,100 per annum.

 

Nearly all of this funding is applied directly or indirectly to the operation of the Visitor Information Centre.

 

The Visitor Information Centre has always endeavoured to assist local accommodation and tour providers in advertising their product and securing accommodation and tour bookings.  Increasing visitor stays (both number and duration) and expenditure on local tours is the primary function of a Visitor Information Centre.  In this respect the activities of the Nambucca Visitor Information Centre are no different from any of the other visitor information centres operating on the Mid North Coast.

 

In 2006 Council resolved to purchase the BookEasy reservation system with a budget of $10,000.  It was also resolved that the Nambucca Valley Tourism Association repay the $10,000 in three equal and annual instalments and that any proceeds from the BookEasy reservation system be made available to the Nambucca Valley Tourism Association for tourism promotion.  Prior to purchasing BookEasy the Visitor Information Centre tried to generate commission revenue by undertaking manual bookings but this was clumsy requiring many phone calls and even when bookings were made, commissions were often not paid.  The report to Council’s meeting on 17 August 2006 reported on the financial implications of the proposal as follows:

 

“Following discussions with Nambucca Valley Tourism it is proposed that Council purchase the system and that the Committee pay back this cost over a three year period.  Funding for the purchase can be obtained from a provision of $9,500 made for Country Week in the 2006/2007 budget which Council did not participate in.

 

The system provides an opportunity for our tourism function to generate returns which can be applied to promotional activities.  Currently there are no revenue generating activities being undertaken at the Visitor Information Centre and a previous attempt at achieving returns from accommodation bookings was not successfully partly due to disputes as to who was responsible for the booking and the consequent non-payment of commissions.   This cannot occur with the BookEasy system.”

 

In 2013, the Visitor Information Centre made 379 bookings with a value of $59,481.10.  A significant percentage of the bookings related to one business.  The commission which was received from these bookings was $5,957 and as per the 2006 resolution was remitted to the Nambucca Valley Tourism Association.  As discussed in the report to Council’s meeting on 11 December 2014, in commercial terms this is a relatively modest outcome given the staff and volunteer hours which are applied to the endeavour.

 

Currently Council covers all of the costs for operating the BookEasy booking system which includes:

 

·              the labour and indirect costs in the VIC related to making (and if necessary) cancelling bookings

 

·              $53.00 per month for the use of an EFTPOS machine at the VIC

 

·              all bank merchant charges

 

·           all labour costs associated with the reconciliation of the bookings (cash, EFTPOS and credit) and the remittance of accommodation or tour charges to the provider and the commission on the booking to the Nambucca Valley Tourism Association.  This work is carried out by Council’s finance staff and whilst it does vary significantly according to the season, it is estimated that it averages the equivalent of 2.5 hours per week for one equivalent full time staff member.

 

There is a $180.00 per month fee for the use of the BookEasy system which is deducted from the commission provided to the Nambucca Valley Tourism Association.

 

As reported in closed to Council’s meeting on 11 December 2014 there is a limit to the level of “transparency” which can be provided to the use of the booking system.  Firstly, the bookings by operator would normally be regarded as commercial information held in confidence by Council.  The release of such information would normally only occur with the explicit authority of the business.  Secondly, the Council does not own the BookEasy system.

 

More generally, because the operation of the Visitor Information Centre involves the provision of direct and indirect support to private businesses there will always be the potential for conflict of interests between the outcomes sought by the particular business (and in turn the Nambucca Valley Tourism Association which represents the business) and the public interest.  It is the Council’s role to determine the public interest. 

 

The matters where there are a potential for conflict of interests was identified in the reports to Council’s meeting on 11 December and are listed as follows:

 

·      The opportunity cost of the expenditure on the Tourism Co-ordinator and volunteers in undertaking bookings for businesses compared to other outcomes which could be achieved through the equivalent expenditure, for example in advertising and marketing.  This was the theme of the report to the meeting on 11 December.

 

·      In the absence of any industry volunteer, Council’s Tourism Co-ordinator is the Treasurer for the Nambucca Valley Tourism Association.  There is an arrangement in place whereby Council has employed the Tourism Co-ordinator for 4 additional hours per week (in addition to the 21 hours identified in the organisation structure) to undertake work for the Nambucca Valley Tourism Association.  The Association in turn is invoiced for the cost of the additional 4 hours.  As such the Tourism Co-ordinator has a work obligation to both Council and the Association.  To the extent there may be a divergence between the objectives of Council and the Association, there will be a conflict of interests.  However in the context that a primary role of the Visitor Information Centre is to provide direct and indirect support to individual businesses, the fact the Tourism Co-ordinator is engaged to support the peak body is not contrary to her role in supporting business.

 

·      As indicated Council remits the commission received from BookEasy to the Nambucca Valley Tourism Association for expenditure on tourism promotion.  Notwithstanding that Council’s staff and facilities are being used to generate the commission, Council has no control over how the commission income is spent.

 

·      Council is providing a substantial operating subsidy to the BookEasy booking system in that it bears all of the operational costs but remits all of the commission revenue to the Association.  With such an arrangement there is always the potential for a misallocation of resources wherein the beneficiaries of the commission revenue may have a different perspective if they were bearing the costs.  Again in the context that a primary role of the Visitor Information Centre is to provide direct and indirect support to individual businesses such outcomes might be regarded as inevitable.  However after many years of direct subsidy, transferring responsibility for the reconciliation of the bookings (cash, EFTPOS and credit) from Council’s Finance Section to the Nambucca Valley Tourism Association would be an appropriate step in providing a more commercial focus to the operation of the Visitor Information Centre.

 

The Council resolution referred to the “appropriateness” of booking commissions going to Nambucca Valley Tourism.  Another alternative is that Council’s finance section continue to undertake the reconciliation function but that Council retain the commission revenue.  This would be a disincentive for accommodation and tour providers as well as the Association to support the booking system and for this reason is not favoured.

 

CONSULTATION:

 

A copy of this report has been sent to the Nambucca Valley Tourism Association and the Tourism Co-ordinator.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts on the environment.

 

Social

 

There are no particular social impacts.

 

Economic

 

There are no economic impacts.

 

Risk

 

The risks mainly relate to conflict of interests and are detailed in the report.

 

It is expected that the Nambucca Valley Tourism Association will object to the proposed transfer of costs from Council to the Association.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a potential budgetary impact which is discussed in the resourcing/staff implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

A shift in responsibility for the reconciliation of the BookEasy bookings (cash, EFTPOS and credit) and the remittance to operators from Council’s Finance Section to the Nambucca Valley Tourism Association does provide Council with the opportunity to either reduce the labour resources in its finance section or alternatively use the time to improve outcomes in other aspects of Council operations, eg debt recovery.  Realising the saving of an average of 2.5 hours EFT per week is unlikely to be achieved except in conjunction with other savings which may be identified in finance processes.  But in terms of Council’s position as having “weak” financial sustainability with a “negative” outlook it is a step in the right direction.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.5      PRF54              150115         Dogs at Gumma Reserve

 

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

 

Summary:

 

A trial of permitting dogs on leads at the Gumma Reserve has been successful and it is recommended that the arrangement become permanent.

 

 

Recommendation:

 

1        That Council allow dogs in the Gumma Reserve provided they remain on a leash at all times           and under effective control.

 

2        That Council discontinue the $2.00 per day fee for dogs to stay at the Reserve.

 

 

OPTIONS:

 

Council has the option of not allowing dogs at the Gumma Reserve, but as indicated in the report with no permanent on-site caretaker, once campers are established on the site the enforcement of the policy is problematic.

 

 

DISCUSSION:

 

At Council’s meeting on 10 April 2014 it was resolved that Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior to the peak season.  Unfortunately for reasons of staff leave and workload this report could not be completed for the November or December meetings.

 

Over the past nine months council staff have continued with the upgrade of the primitive camp ground facility with a council inspection of the Gumma Reserve being undertaken on 16 October 2014.

 

There are both advantages and disadvantages to allowing dogs at the reserve which need to be weighed up and considered.  These are listed in the following points.

 

Advantages

 

·           With many “grey nomads” taking their pet with them when travelling the tourism industry, in general, has adopted a more pet friendly attitude.  For the Gumma Reserve to be competitive in the market place council needs to be able to accommodate these travellers

 

·           Many locals use the Gumma Reserve as day visitors and attend with their dogs

 

·           Over the past nine months council has only had one complaint in relation to a dog barking at night in the reserve. Other than the single barking dog complaint, Council contractors have reported that they have had no problems in the management of dogs.  This may be due to proactive management wherein the contractors advises all guests that their dogs are required to be on a leash at all times.  The Council brochure provided to all guests clearly sets out this requirement in the terms and conditions for camping at the reserve.

 

·           Caravan parks which do not allow pets including dogs in the peak holiday periods have full time caretakers and are able to manage and police the policy.  However for Council and the contractors who manage the site on a part time basis, it is more difficult to evict campers with dogs once they have established their camp site.  Allowing dogs outside peak holiday periods but not in those periods will be potentially confusing and present transitional problems with campers whose stay may transition defined peak and non-peak periods.

 

Disadvantages

 

·           Most campers do not travel with dogs and allowing dogs on the reserve may result in complaints in relation to barking, failure to control aggression, failure to clean up dog faeces etc.  As reported over the past nine months of operation there has only been one complaint in relation to a dog barking at night.  Dog bag dispensers and bin have been installed at the reserve near the dump point and amenities block to manage dog effluent issues in the reserve.

 

·           The Gaagal Wanggaan National Park is on the opposite side of Warrell Creek.  Dogs are prohibited in the National Park.  There is a risk that dogs which are not kept on a lead under the control of their owner may enter the park and damage its ecology.  Over the past nine months there is no evidence that this has occurred.  Councils Rangers can enforce the dogs on leash policy

 

Council rangers have visited the camping site on a regular basis to enforce the dogs on leash policy.  An initial warning will first be given the ranger and a fine on any subsequent offence.

 

Council resolved to have a fee charged of $2.00 per day for dogs.  This fee was the cause of many arguments and debate from campers and in some cases loss of business. Council pays the contractors by the hour to collect fees, remove rubbish and clean the toilets.  It was found that too much time was being spent arguing with campers in relation to dog fees which meant they were costing more than the return. As a consequence the $2.00 fee was discontinued and the recommendation seeks a resolution from council for this change.

 

 

CONSULTATION:

 

There has been consultation with Council’s Rangers, with Council’s contractors and with campers.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental issues with allowing dogs in the Gumma Reserve are discussed in the report.

 

Social

 

The social issues with allowing dogs in the Gumma Reserve are discussed in the report.

 

Economic

 

Increased visitation to the Gumma Reserve creates economic activity via increased tourism.  As indicated in the report many “grey nomads” seek to take their pet with them and providing the means to accommodate this at the Gumma Reserve is likely to result in more, not less visitation.

 

Risk

 

The risks are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Whether or not campers are allowed to have dogs on leads will make a substantial difference to the use of the Gumma Reserve and in turn the financial return to Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The enforcement of the dogs on leads policy does require inspections by Council Rangers, particularly in the holiday periods.  The costs of the inspections will be more than offset by the additional income from camping.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                15 January 2015

General Manager

ITEM 9.6      SF1480            150115         Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

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

 

Summary:

 

Council, as Crown Lands Reserve Trust Manager, seeks permission by resolution of Council to approve a new trust license for Reserve No 88941 part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183 Nambucca Heads - 26 Swimming Creek Rd, Nambucca Heads NSW 2448, Licensed area 2,401m2 from Shibba Pty Ltd to Dennien Superannuation.

 

Council at its meeting 7 April 2011 (License to Nambucca Holiday Park for Encroachment onto Crown Land) resolved:

 

1. That Council in its capacity as Reserve Trust Manager for the Reserve R88941 and pending finalisation of a long term lease agreement grant a license to the registered proprietor of Lot 162 in DP 755560 for occupation of the area of encroachment onto part Lot 7003 in DP 1113130 and part Lot 7001 DP 1117183 for a period of three years subject to terms and conditions deemed reasonable and appropriate by Council’s legal advisor on the matter.

 

2. That the General Manager and the Mayor be authorised to conclude negotiations for the new license term and conditions and execute all documents required to give effect to the license.

 

All of the above actions proceeded providing for the three year term which expired on 31 May 2014.

 

A new license has been prepared by the Lands Department to extend the license for the encroachments for a further of 5 years to Mr Ian Watson.  The new license identifies that at the end of this 5 year period that all encroachments will be removed unless otherwise determined by the Minister.  The period of license is 5 years from 1 June 2014 with the expiry date being 30 May 2019.

 

On the 11 November 2013 Council received a letter from WMW solicitors acting for Dennien Superannuation in relation to buying the Caravan Park business and freehold and seeking an extension of the encroachment agreement and transfer of license from Watson to Dennien.

 

On the 2 April 2014 Council was contacted by Mr Ian Watson to inform Council that the sale of the Nambucca Beach Holiday Park Pty Ltd had been finalized.

 

It is the intention of the Dennien group to continue to pursue the purchase of the encroached land from the Crown after the Native Title Claim has been dealt with by the Minister.

 

The new valuation for rental for the license as at March 2014 is $8,500.00 per annum, a reduction from the previous amount of $9,307.84.  It is recommended that Council maintain the existing license rental.

 

 

Recommendation:

 

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

 

 

 

OPTIONS:

 

·              Council can accept the recommendation.

·              Council can refuse the issue of a new license.  It would need to inform Crown Lands of this decision and should it be endorsed then all of the encroachments would need to be removed.  This may mean that some of the existing residents may need to have their dwellings relocated out of the caravan park to another location or locality.

·              Ms Gee has posed a third alternative whereby Council deal separately with her encroachment and require that her dwelling only be relocated.

 

DISCUSSION:

 

At Council’s meeting on 17 July it was resolved that Council defer a decision on this matter until after an onsite inspection has been held and that the park owner be requested to attend the onsite meeting.  Arrangements were made with the new owner, Mr Barry Dennien who lives interstate, to attend a site inspection on 31 July 2014.  Mr Dennien has also advised that in relation to the claims of Ms Gee, as a consequence of a CTTT hearing on 27 August 2012, there was a settlement reached which is expressed in a confidential legal agreement.

 

There was a site inspection as part of Council’s meeting on 31 July.  Council heard delegations from Ms Vicki Gee, Ms Louise Robinson, Ms Chels Marshall and Mr Barry Dennien.  The Council then resolved to defer the matter to 28 August 2014 pending receipt of information from Ms Gee in regard to the legal document relating to Ms Gees dwelling and the encroachment.  Further, that the report is to clarify whether or not a Council order exists for the relocation of Ms Gee’s dwelling.  Further, the report is to provide the conditions of the previous licence, in particular in relation to the removal of encroachments within the three year life of the licence and that the report also provides the proposed conditions of the five year licence.

 

Ms Gee then requested that the matter be deferred until 16 October 2014 so that she may obtain legal advice.

 

The matter was then considered by Council at its meeting on 16 October 2014 and it was resolved as follows:

 

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

 

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

 

A written undertaking was then sought from Ms Gee but this has not been received.

 

Given the existing licence lapsed on 31 May it is important for insurance and other reasons that the continuing use of the encroached land by the caravan park be resolved.  The three possible options are:

 

1.         Proceed as per the previous arrangements being a licence agreement for all of the encroachments

2.         Not endorse a licence agreement and require the removal of all of the encroachments

3.       Adopt the third alternative posed by Ms Gee and exclude her dwelling from the proposed licence agreement.  Her dwelling would then need to be relocated either within or outside the caravan park with the outcome of such relocation being a matter for the tenant and caravan park owner, not the Council.

 

Council has already received representations that the existing residents of encroaching dwellings wish to remain at the caravan park.

 

In relation to Ms Gee’s third option, Council cannot be satisfied that she will willingly accept the consequences of excluding her dwelling from the encroachment licence, ie requiring it to be relocated.  The arrangements for the relocation of the dwelling are a matter between the caravan park proprietor and the tenant, not Council.  If the dwelling is not relocated the Council would be forced to obtain an enforceable order from a court.  This would be at significant cost to Council.  Depending upon whether or not the order is contested, Council’s legal costs could be in the range of $15,000 to $30,000.

 

Note

 

In the report on this matter to Council’s meeting on 17 July 2014 there was the following statement in the discussion section of the report:

 

“Mr Barry Dennien has provided a letter to Council confirming that they would meet any outstanding obligations making a commitment to the reserve trust to take over all issues related to the encroachments and any future dealings with Crown Lands”.

 

Ms Gee lodged an access application under the Government Information (Public Access) Act 2009 to view this letter.

 

A thorough search of Council’s records management system has been undertaken to locate the letter.  When it became evident that the letter could not be located within Council’s records management system, the solicitor who acted for Mr Dennien in the matter was contacted to request a copy of the letter.  As a result of these enquiries it has been determined that the letter does not exist and the reference to the letter in the report to Council on 17 July 2014 was wrong.

 

By way of explanation it is believed that the information provided in a telephone conversation was confused with the receipt of the information in a letter.  Council staff had telephone conversations with the previous owner of the Nambucca Beach Holiday Park, the current owner and the solicitor acting for the current owner at the time of the proposed purchase, to ensure that all parties were fully aware of the encroachment issues relating to the caravan park.  It is believed that in one of these conversations those assurances were made regarding the encroachment issues.

 

Council staff have written to Ms Gee advising her of the above and have apologised for the error.

 

 

CONSULTATION:

 

There has been previous consultation/representations involving:

 

·                                                        Department of Lands (Grafton office)

·    The previous owner being Mr Ian Watson

·    The new owner Mr Barry Dennien

·    Ms Vicki Gee

·    Other tenants affected by the encroachment

·    The Nambucca Heads Local Aboriginal Land Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are potentially significant social issues if the encroaching dwellings are required to be relocated.

 

Economic

 

The recommendation has no significant economic implications.

 

Risk

 

The risks to Council are indicated in the report.  If Council does not endorse a new licence then there is potential additional risk in relation to public liability being borne by Council and not the licensee.

 

 

FINANCIAL IMPLICATIONS:

 

The recommendation maintains the existing rental return.

 

Direct and indirect impact on current and future budgets

 

This report has no direct impact on current or future budgets

 

Source of fund and any variance to working funds

 

No funds or variances required.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.7      DA2014/183      150115         Notification of DA2014/183 referral to the JRPP

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The purpose of this report is to notify Council that the assessment of development application DA2014/183 for a proposed residential care facility on the corner of Upper Warrell Creek Road and the Pacific Highway is complete, with the assessment report included within attachment 1. The Northern Joint Regional Planning Panel (JRPP) is the consent authority for the determination of this development application. The application will be referred to the panel for determination in the coming weeks.

 

 

Recommendation:

 

That the information concerning the report and recommendation to the Northern Joint Regional Planning Panel on the proposed residential care facility on the corner of Upper Warrell Creek Road and the Pacific Highway (Lots 1 & 2 DP 377306, Lot 3 DP 241032, Lots 1 & 5 DP 248870) be received.

 

 

OPTIONS:

 

Comment from General Manager

 

As Council staff are reporting to the Northern Joint Regional Planning Panel as the determining authority, Council is unable to direct the staff in relation to their reporting.

 

However experience has shown that the quality of development assessment reporting can be improved through consultation.  In this respect Council has a role wherein it may seek clarification regarding matters in the assessment or omitted from the assessment prior to the referral of the report to the JRPP.

 

Alternatively if Council disagrees with any aspects of the assessment it can make its own submission to the JRPP.

 

 

DISCUSSION:

 

Development application DA2014/183 was received by Council on 31 October 2014 and includes the construction of a residential care facility on the corner of Upper Warrell Creek Road and the Pacific Highway, Macksville on Lots 1 & 2 DP 377306, Lot 3 DP 241032, and Lots 1 & 5 DP 248870.

 

More specifically, the proposed development includes:

·   A two storey residential care facility containing 100 beds, a coffee shop, 2 visitor accommodation rooms, administrative and food preparation areas, loading bay, and workshop.

·      61 space car park.

·      Landscaping/courtyards.

·      Vehicular access from Upper Warrell Creek Road.

·      Connection to reticulated water, sewer, and electricity.

 

In accordance with clause 21 of the State Environmental Planning Policy (State and Regional Development) 2011, the Northern Joint Regional Planning Panel (JRPP) is the consent authority for the determination of this development application because the development has a capital investment value of more than $20 million.

 

As demonstrated in the assessment report included within attachment 1, it is considered that the proposal (subject to the recommended conditions of consent) is consistent with the relevant provisions of the Environmental Planning and Assessment Act 1979. As such, it is intended to refer the application to the JRPP for determination in the coming weeks, with the recommendation being for approval.

 

CONSULTATION:

 

NSW Rural Fire Service

Councils Manager of Technical Services

Councils Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

 

Environment

Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural environment.

 

Social

Having regard to the proposed land use and its location, it is not considered that it will result in any negative social impacts on the locality.

 

Economic

Considering the type and scale of the development, it is considered that it will provide a significant boost to the local economy due to the increase in employment within the shire, as well as a result of the development and its residents need for the supply of goods and services.

 

Risk

Manageable subject to the recommended conditions of consent.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

61/2015 - Attachment 1 - DA Assessment Report

 

2

125/2015 - Attachment 2 - Schedule of Conditions

 

  


Ordinary Council Meeting - 15 January 2015

Notification of DA2014/183 referral to the JRPP

 












Ordinary Council Meeting - 15 January 2015

Notification of DA2014/183 referral to the JRPP

 










Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.8      SF1947            150115         Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 December to 6 January 2015

 

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

2014/191

17/11/14

Dwelling-House

Lot 6 DP 804873, 74 Valla Beach Road, Valla Beach

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the proposal

 

·        Stormwater and sewer drains are already inadequate and leak – would like drains upgraded to ensure they can cope with the increase in volume and usage

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2010/230/01

24/12/14

Application to modify development consent – modify gym to storage shed

Lot 117 DP 711481, 44 Raleigh Street, Scotts Head

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the proposal

 

·        Shading impact of building

·        Use of reserve to access the property

·        Concerns that development will be used as a residence in the future

·        Would like an extension of time to examine development as they are on holidays

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.9      SF1148            150115         Council Ranger's Report December 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 December 2014.

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

7

Returned to Owner

0

4

Transferred to - Council's Facility from Seizure Activities

0

3

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

1

2

Abandoned or Stray

0

0

Surrendered

0

2

Animals transferred from Seizure Activities

0

3

Total Incoming Animals

1

7

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

3

Sold

0

3

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

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

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

0

1

Unable to be rehomed

0

0

Total Euthanased

1

1

Total Outgoing Animals

0

7

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

0

0

 

 

Dec-14

PARKING & OTHER

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

ARW 10R

3106925737

#82800 - Not angle park as on sign

104.00

02.12.14

BL 13 AR

3106925746

#9235 – Fail to comply with Notice erected

110.00

02.12.14

 

 

TOTAL VALUE OF PENALTIES:

214.00

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                15 January 2015

General Manager's Report

ITEM 9.10    SF2038            150115         2014 December - Construction And Complying Development Certificates Approved

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of December 2014 as at 8 January 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

551/2015 - 2014 December - Complying Certificates and Construction Certificates approved

 

  


Ordinary Council Meeting - 15 January 2015

2014 December - Construction And Complying Development Certificates Approved

 





Ordinary Council Meeting                                                                                                15 January 2015

General Manager

ITEM 9.11    SF2038            150115         2014 December - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in December 2014 as at 8 January 2015.

 

Recommendation:

 

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

 

 

Attachments:

1

552/2015 - 2014 December - Development Applications and Complying Developments received

 

  


Ordinary Council Meeting - 15 January 2015

2014 December - Development and Complying Development Applications Received

 


 


Ordinary Council Meeting                                                                                                15 January 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2025            150115         Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

 

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

 

Summary:

 

This report provides initial analysis of the Fit for the Future (FFTF) infrastructure and service management and efficiency indicators.  The next FFTF report shall summarise the possible improvement processes that have been discussed as part of the analysis of performance indicators and use this information to commence development of an improvement strategy. 

 

The reports to date have not considered alliancing opportunities with other local governments.  It is recognised that these possibility cannot be ignored.  However, in the absence of specific proposals with reasonable support, work has been focused on fundamental analysis of the operations of Nambucca Shire.

 

 

Recommendation:

 

That Council receives this report and notes the information it contains. 

 

 

OPTIONS:

This report principally provides analysis and options.  FFTF and Council’s response is an evolving process and there are many options and possibilities not explored by this report but remain open to Council.

 

 

DISCUSSION:

This report provides analysis on the remaining ratios used for bench marking by the FFTF program.

 

Below is an extract from Template 2 – Improvement Proposal. It lists the 3 infrastructure and service management benchmarks.

                  

 

 

 

   

 

   

 

 

 

FFTF bench is less than or equal to 2%.  The Guide to the Template 2 describes the ratio as:

 

“The infrastructure backlog ratio indicates the proportion of backlog against the total value of the Council’s infrastructure assets. It is a measure of the extent to which asset renewal is required to maintain or improve service delivery in a sustainable way. This measures how councils are managing their infrastructure which is so critical to effective community sustainability.”

 

This ratio is a product of the information contained in special schedule 7  that is an unaudited attachment to the Annual Finacial Statements.  The way it has been calculated has varied widely across the NSW.  Schedule 7 will be audited for the first time in the year 2014-2015 and the MIDROC Apples with Apples project is aiming at providing some consitancy across MIDROC Councils.

 

It would seen likely that infrastructure backlog has been historically over reported, current commentary would suggest that Infrastructure with a condition rating of 4 or 5 (1  being as new and 5 being in need of replacement) will be included in the backlog calcualtion.  There is also a suggestion that these assets should be recognised in Council Risk Register, this logical argument but such a direct tangible link has not previously existed.

 

It should be noted that demoninator of the equation is the written down value of the assets, this has the effect of driving the backlog percentage higher as infrastructure ages.  It can be argued that this makes little sense, as the backlog is a measure of what needs replacing now, and it should not be a function of the lifecycle of the serviceable assets.  Historically some NSW Councils have produced the ratio using the current replacement costs of the assets, this typically gives a much lower backlog ratio.  From this technicial argument there are two pertinent points to rember.

 

1.       That the backlog % is increased as the assets are depreciated over their useful lifes; that is to say it is not only those assets that are “ïn need of attention”  that drive the ratio.

2.         Comparing past backlog ratios  across Councils can be misleading.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Past Backlog ratios are shown below

 

 

 

The other key driver of the backlog ratio is written down value of assets, the past total value over the same period is shown below.

 

 

The significant increase in 2010 was the result of a revaluation of same asset classes that will be revalued in the current year.

 

A summary sheet showing the computation of the infrastructure backlog ratio is attached.

 

The significant improvement in the ratio in 2014 is largely due a change in Asset Managers, and the current Manager applying a fresh approach to the calculation.  The auditing of Schedule 7 and the Apples with Apples project should serve to reduce this variation.

 

How to improve the Infrastructure Backlog Ratio – This is not an exhaustive list just a place to begin.

 

                                             Decrease Estimated Cost to bring to a Satisfactory Condition

Improvement from accounting and business rules - any improvements can be  realised as a part of an internal review process

 

Assess “satisfactory condition” on a risked based approach; only include those assets in a condition that represents a risk that is unacceptable to the organisation.  Part of the Proposed Apples with Apples program.

 

Inventory control – develop an improved level of confidence in the condition of Council’s assets

 

Service level review – Satisfactory condition is dependent upon the level of service required of the asset.  For example a road with heavy traffic has to be of a higher standard to be satisfactory than a road with very light traffic

Improvements in the economic in the financial environment – these are factors that Council has no or limited control over.

 

Availability of grants for capital renewals            - R2R in particular

 

Increased spend on renewals and reduction in the asset base – These are factors within the operational control of Council.

 

Reduce operating deficits – more capital funding available

Spend available funding on renewals not new assets

SRV dedicated to asset renewal

Dispose of assets that are not critical to Council’s operations

 

 

 

                                                                         Increase WDV of Infrastructure

Improvement from accounting and business rules - any improvements can be  realised as a part of an internal review process

 

Make sure all renewal expenditure is captured and not recorded as an expense.  Review accounting policy on resealing roads and heavy patching.

 

Review of asset accounting rules in particular residual values and consumption patterns.

 

Improvements in the economic in the financial environment – these are factors that Council has no or limited control over.

 

Availability of grants for capital renewals            - R2R in particular

 

Increased Investment in renewing assets – These are factors within the operational control of Council.

 

Reduce operating deficits

Spend available funding on renewals not new assets

SRV dedicated to asset renewal

 

 


Asset Maintenance Ratio

 

The asset maintenance ratio is simply the amount of maintenance done divided by the amount of maintenance required.  Bench mark is greater than 100% - that is all required maintenance is complete over an average of three years.  Nambucca Shire has seen dramatic recent improvement in this ratio that is a result of change methodology.

 

Currently amount of maintenance required is calculated by adding what has been spent to any known outstanding work.  Existing budgeting, costing and asset management systems do not split operational and maintenance costs and it is not currently a priority to develop the capacity. 

 

Maintenance on the road network has typically been done on a reactive basis, with Council responding to complaints.  A proactive approach is now being introduced where roads will be inspected and faults logged.  This will provide additional rigour to the calculation of outstanding maintenance on the road network.  Existing software (Reflect) will be used to automate the process.

 

 

Description: http://www.assetedge.com.au/ckfinder/userfiles/images/reflectgroup3.png

 

 

 

Maintenance is typically an operational cost and contributes to the operational deficit.  It is the costs associated with ensuring an asset will achieve its planned useful life, as opposed to costs of extending an assets useful life or the costs of operation of the asset.  It can be difficult to distinguish between these costs and harder still to accurately capture them.

 

In broad terms to improve the ratio we need better practices/assets that require less maintenance or to increase funding to maintenance activities where there is a short fall.

 

Council currently produces no forward projection that future asset maintenance ratios can be derived from.  An improvement in the reliability of the data, a greater understanding of the costs and funding requirements will be obtained as asset management systems mature. 

 

 


 

 

Debt Service Ratio

 

 

 

Benchmark is between 0 and 20% averaged over 3 years.  This indicates debt repayments should not exceed 20% of operating income.  Council currently achieves this benchmark.

 

 

The judicious use of debt was one of the recommendations of the Independent Local Government Review. Debt funding assets can help address intergenerational equity issues and smooth the cash flows required to invest in and operate long life assets.

 

Nambucca Shire has used Special Rate Variations (SVR’s) to fund borrowing programs.  This is an effective way of quarantining the additional income to be used to fund infrastructure.  It also assists in reducing Council’s operating deficit as the SRV income is treated as operating income but only the interest paid portion of the loan repayments is treated as an operating expense. The redemption (repayment of principal) is treated as a capital transfer.

 

Tcorp has reviewed Council capacity to borrow as part of the sustainability review and more recently as part of a SVR application and has concluded that Council’s General Fund has the capacity for additional borrowings.  The LTFP has additional borrowing included in the forward program.  The projected Debt Service Ratio based on the LTFP is graphed below.  A summary sheet including the forward borrowing program is attached.  While the debt service ratio does increase it is still well within the benchmark.

 

 

 

 

 

Additional debt without corresponding additional income does have the capacity to have a negative impact on the operating position.  The additional interest expense adds to operational expenses and capital funding that is applied debt repayment cannot be used to renew infrastructure.  Given Nambucca current position it can be strongly argued that by far the most appropriate use for borrowings is to strategically fund the renewal of infrastructure.

 

The development of an indexed LTFP as part of the Improvement Proposal will have a positive impact on the debt service ratios.  This is because income will climb with at least rate pegging while established loans will have fixed repayments.   This is only definitely the case if Council continues the practice of borrowing at fixed rates.  If rates are not fixed the time value of money will still work in favour of the debt service ratio, however this could easily be offset by rising interest rates.

 

 

Efficiency Bench Mark – Real Operating Expenditure per Capita over time

 

 

 

Expenditure is deflated by the Consumer Price Index (for 2009-11) and the Local Government Cost Index (for 2011-14) as published by IPART

 

 

The denominator is population data from ABS, Regional Population Growth, Australia - Table 1. Estimated Resident Population, LGAs, NSW - Released 3.4.2014. The data has been averaged over 2 calendar years except for 2013-14 where population data for 2013 has been used.

 

 

iPart comment on this bench mark was that it was a measure of   “cost effectiveness not efficiency”   IPART logic was that the benchmark didn’t compare inputs with outputs – a measure of efficiency.  IPART did acknowledge it was difficult to find an efficiency measure and that for

 

a target of efficiency in a more general sense can still be used to drive efficiencies in the local government sector. The efficiency dividend mechanism is commonly applied by Commonwealth, state and territory governments to provide for an annual reduction in funding for the overall running costs of an

agency. Although it is considered a blunt instrument, it has proven to be a simple and predictable way to create an incentive for budget constraint in the public sector.”  Ref: IPART Review of criteria for fit for the future P37

 

 

 

 

 

The point should be made that there was a significant improvement in this ratio in 2013-14, to the extent that the 2014 result was the best in the series that stated 2009-10.  – it is arguable that this result is an improvement overtime, just not a continuous down trend.  Forward projections are not so favourable.

 

 

 

The ratio has only 2 variables:

 

1.       Population.  A future growth forecast for population of 0.4% has been used.  This is in line with recent trends.  The upper range of population growth is 1%, this sees a modest improvement in the ratio but does not alter the trend.

 

2.       Total operational costs.  The long term financial plan is presented in today’s dollars so forecasts have to be deflated to 1 July 2009 dollars in order to present valid trends over time.  In recent years considerable NDDRA flood restoration work has been completed by Nambucca and this has inflated expenditure.  If the NDDRA expenditure is excluded from the expenses this improves the ratio but does not change the trend.  Forward projected costs after the 2014-15 year have less than $1M variation between them and show gradual decline, this combined with a gradual rise in population produce a steadily improving ratio.  The confidence level in these forecasts is not high.

 

Meaningful improvement in this ratio to produce a downward trend over time is most likely to be achieved by containing increases in costs at or below the index. The population of the Shire has shown consistent growth so it is reasonable to assume this also assist although it is likely to be marginal.  This aligns well with what is required to improve the operating ratio but conflicts with additional spending on maintenance.

 

 

CONSULTATION:

Michael Coulter (General Manager)

Craig Doolan (Manager of Finance)

 

 

SUSTAINABILITY and FINANCIAL IMPLICATIONS:

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

Attachments:

1

36524/2014 - infrastructure backlog ratio

 

2

36831/2014 - Debt Service Ratio

 

3

37510/2014 - $ expense per capita

 

  


Ordinary Council Meeting - 15 January 2015

Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

 


Ordinary Council Meeting - 15 January 2015

Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

 


Ordinary Council Meeting - 15 January 2015

Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

 



Ordinary Council Meeting                                                                                                15 January 2015

Corporate Services

ITEM 10.2    SF1120            150115         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

This report provides an overview of grant applications and their status for the previous quarter.

 

 

RecommendationS:

 

That the list of grant applications and their status to 24 December 2014 be received.

 

 

Successful grant applications (PREVIOUS AND CURRENT FINANCIAL YEARS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Coastal Management Grant

Closed 20 February 2013

$55,000

$55,000 (Enviro Levy)

Stage 2 – Beaches Access ways program extension

OEH Estuary Management Grant

Closed 20 February 2013

$24,625

$24,625 (Env Levy)

Restoration and revegetation of the river bank at Stuart Island as per recommendations of the Nambucca River Master plan.

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Env Levy)

Develop Flood plain management study and plan for Nambucca River and Deep Creek.

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$111,000

$10,000

Renovation and other associated works at Boulton’s Crossing Reserve

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$18,000

N/A

High priority Weed Management on Crown Reserves managed by Council

RMS Better Boating Program

Closed 2 August 2013

 

$49,794

$49,794 (S.94)

Stuart Island replacement of jetty and build new amenities block

Department Sport and Recreation Macksville Skate Park

Closed 30 October 2013

$25,000

$100,000 (cash)

some in kind,

s.94 funds

Redevelopment of skate park to higher standard.

RMS Cycleways program

Closed 22 October 2013

$650,000

NA

Completion of cycleway priority 1 Nambucca Heads to Kingswood Estate

Office of Environment and Heritage

Local Heritage Grants and Advisory Program

$12,500

Matching Funding for grants program

Local heritage grants program Year 2 to fund improvements to property.

Advisory services provided by heritage consultant on proposed projects

 

Waste Less, Recycle More Program

NSW EPA

 

$61,700

NA

Installation of improved community recycling facilities at Nambucca Waste Management Facility

Volunteer Initiated Museum Program

Museums and Galleries

 

$1,810

NA

Assistance for Headlands Museum to develop Aboriginal collection display and information

ClubGRANTS 13/14

Macksville Fun and Fitness Precinct

Closed 10 April 2014

$975,565

$163,000

($63k – s.94, $53k internal Council reserve for MMAC, $ – working funds)

Creation of Macksville Fun and Fitness Precinct with recreation room extension, skate park upgrade, lighting, fitness trails, and signage/bollards/landscaping

NEOC training facilities

Closed 18 October 2013

 

$20,060 but received $10,084

$4,600 (in-kind)

Purchase and installation of training equipment at NEOC

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

LIRS 3

Closed 31 December 2013

 

Up to $332,673 subsidy

NA

Bridges program III

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

Stuart Island estuary health improvement (rock revetment, fillets, reef balls, revegetation)

Total

$2,558,751

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

NA

Protection of two endangered populations and treatment of Wakki Beach entrance and bush track

NSW Seniors Week

Closed 19 September 2014

$3,450

$6520 (in kind)

Seniors’ workshops and intergenerational celebration/gathering

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

$40,000

$35,000 (EL)

200m of bank stabilisation and habitat creation on land in the Nambucca River Wilson Road Macksville in partnership with OEH, Fisheries, Landcare and RMS

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$30,000

$3,000 (in-kind)

Construction of footbridge – Nambucca Heads Reserve 88483 (off Parkes St)

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$53,467

$40,500 ($25k – EL, $11k Crown management funds, remainder in-kind)

Construction of walkway in reserve between Ocean Drive and Beach

Office of Local Government – Responsible Pet Ownership Program

Closed 3 October 2014

 

$15,000

TBC

Desexing, microchipping and vaccination program delivered in partnership with local vets

Indigenous Advancement Strategy – Department of Prime Minister and Cabinet

Closed 17 October 2014

$415,503

NA

Ritchie Donovan’s Health and Wellbeing Program – continuation of funding for three years.

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

RMS – Pedestrian and Cycleway Infrastructure

Closed 12 December 2014

+$2m

 

NA

1. Next stage Nambucca Heads to Macksville Cycleway 2. Macksville Bridge Widen Path for Cycleway 3. Nambucca River Boardwalk at RSL Widen to Cycleway 4.  Valla Beach Walkway between town and beach 5. Pedestrian infrastructure on Riverside Drive 6. School Crossing on Centenary Parade 7. Adam St. Walkway from Bowraville centre to oval.

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Dredging Strategy/Study for the Lower Nambucca River Estuary

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

ClubGRANTS Cat. 3 Round 2

EJ Biffin Drainage

Closed 10 April 2014

$500,000

$55,000 from sale of land (potential)

 

Construction of new drainage, irrigation and turf at EJ Biffin fields

OEH and LGNSW – Building Resilience to Climate Change

Closed 29 September 2014

$80,000

$50,000 (EL – LAPP program)

Shade shelters and trees for children’s protection at playgrounds: Valla Beach Anderson Park, Macksville Skate Park, Macksville Playground, Bellwood Park

EVSS - NEOC training facilities

Closed 1 October 2014

 

$9,975

NA

Purchase and installation of training equipment at NEOC not funded in previous application

 

Notes

 

The following groups received funding from the NSW Community Building Partnership Program:

-         Bowraville Theatre Committee of Management, $39,299 to install second hand digital cinema equipment:

 

-         Nambucca Heads Surf Lifesaving Club, $12,375 to extend the area under the existing building to create a storage area.

-         Nambucca Districts Showground Committee, $22,000 to upgrade the electrical system at the Showgrounds.

-         Scotts Head Sports Field Committee of Management, $44,000 to construct a community meeting place at Buz Brazel Oval.

-         Nambucca Valley Arts Council, $12,000 to renovate the main hall and corridors of the NEC building from the Community Building Partnership Program.

 

The Grants Officer completed the applications for all of the above projects, apart from the Nambucca Entertainment Centre and the Showgrounds applications.

 

Community groups’ applications written in this period include:

Valla Beach Community Association – Shade Shelter at Anderson Park

Nambucca Heads Bowling Club – Greens Improvement

 

General Manager’s Comment

 

This is another outstanding result for all of the Council staff who have been involved in the preparation of grant applications, and particularly Council’s Grants and Contributions Officer who only works 21 hours per week.  One advantage of a smaller council and community is the opportunity for more effective communication.  This is most apparent with grants where Council staff and the public are succeeding as a coalition team motivated to improving their community.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                15 January 2015

Corporate Services

ITEM 10.3    SF251              150115         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.

 

 

 

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                                                                                                15 January 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF337              150115         Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 11 December 2014

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Taylors Arm Sports Reserve Committee of Management which was held on 11 December 2014 and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Sports Reserve Annual General Meeting held on 11 December 2014 and thank the outgoing Committee for their continued good work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Taylors Arm Sports Reserve Committee of Management was held on 11 December 2014.

 

The Committee of Management for 2013/2014 comprises:

 

          President                        John Vassallo

          Vice President                 M Spear

          Secretary                        Lyn Fielder-Gill

          Treasurer                         J Gooch

          Committee Members       R Ward, A Ward, G Nettleton, L Nettleton

          Cricket Rep                     I Powell

          Tennis Rep                      E Smith

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

483/2015 - Financial Statements and Minutes of AGM held 11 December 2014

 

  


Ordinary Council Meeting - 15 January 2015

Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 11 December 2014

 





Ordinary Council Meeting                                                                                                15 January 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF1963            150115         Defence of claim by Community Housing Ltd

 

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

 

Summary:

 

Community Housing Limited sought exemption from rates on properties it controls for the purpose of providing housing for disadvantaged people in the community.  The application was made on the basis that Community Housing Ltd is a public charity and public benevolent institution and entitled to the exemption under s556(1)(h) of the Local Government Act 1993 (LGA).

 

Having been initially refused an exemption Community Housing Limited took action in the Land and Environment Court seeking to have the exemption upheld.  Nambucca Shire was co-respondent along with Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council.  The Marsden Law Group acted as solicitors for the all Councils.

 

The Court dismissed the proceedings and ordered Community Housing Limited to pay costs.  The judgement found that Community Housing Limited is not a public charity or public benevolent institution as referred to in the LGA.

 

The Judgement is attached for information.                                                                                           

 

 

Recommendation:

 

That the report be noted and received for the information of Council.

 

 

OPTIONS:

Nil- This report is for the information of Council.

 

 

DISCUSSION:

 

Contained in the summary

 

 

CONSULTATION:

 

Chris Wills – Rates Officer

Michael Coulter – General Manager

Marsden Law Group

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

The claim was successfully defended and costs award to Respondents.

 

Risk

 

That the judgement may inform future claims that could succeed, resulting in the loss of rates income.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has been awarded costs.   Actual costs to date total $17,475.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

376/2015 - Community Housing Limited V Nambucca Shire and Others

 

  


Ordinary Council Meeting - 15 January 2015

Defence of claim by Community Housing Ltd

 




























 


Ordinary Council Meeting                                                                                                15 January 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF85                150115         NSW Rural Fire Service Liaison Committee meeting Thursday 12 November 2014 – Service Level Agreement 2014

 

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

 

Summary:

 

The NSW Rural Fire Service, Lower North Coast Zone, Liaison Committee met on Thursday 12 November 2014.  This report provides Council with an overview of the activities of the RFS for the first quarter of the 2014/15 financial year.

 

 

Recommendation:

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2014/2015 held on Thursday 12 November 2014.

 

 

OPTIONS:

 

Receive and note the report.

 

 

DISCUSSION:

 

The Liaison Committee considered the following agenda items:

 

1        The SLA quarterly business plan, financial and performance reports

2        Operational reports

 

The minutes of the meeting held Thursday 12 November 2014 are included within the report for Council’s information and the SLA quarterly business plan, financial and performance reports have been provided under separate cover due to their size.

 

SLA Business Plan/Quarterly Performance Report

 

The Zone Manager, RFS Lower North Coast Zone presented the quarterly performance reports and advised the committee that they generally met the agreed outcomes as shown on the enclosed report (hatched in green being either on target or completed and red not achieved or behind target).

 

The Zone Manager, RFS Lower North Coast Zone raised issues regarding the quarterly report with some as follows:

 

Operational Report

 

There were a total of 466 incidents across the two Local Government Areas, compared to 432 the previous year.

 

 

Nambucca

Kempsey

total

2012/13

127

305

432

2013/14

132

134

466

 

Liaison Committee meeting

 

The Liaison Committee meetings have been scheduled for the following:

 

11 February 2015 - NEOC

13 May 2015 - KFCC

12 August 2015 - NEOC

12 November 2015 - KFCC

 

 

CONSULTATION:

 

NSW Rural Fire Service

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report.

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report.

 

Risk

 

There are no risk implications associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2014/2015 budget incorporated the RFS contribution for 2014/2015

 

Source of fund and any variance to working funds

 

There is anticipated variation to working funds attributed to under expenditure which will be placed into the RFS reserve.

 

 

Attachments:

1

35473/2014 - Minutes of Service Level Agreement (SLA) meeting held   12 November 2014

 

  


Ordinary Council Meeting - 15 January 2015

NSW Rural Fire Service Liaison Committee meeting Thursday 12 November 2014 – Service Level Agreement 2014

 

 

MINUTES OF LOWER NORTH COAST (LNC) SERVICE LEVEL AGREEMENT (SLA) LIAISON COMMITTEE MEETING WITH KEMPSEY & NAMBUCCA SHIRE COUNCILS HELD WEDNESDAY, 12th NOVEMBER 2014 AT KEMPSEY FIRE CONTROL CENTRE

 

 

 

PRESENT

Cr Bruce Morris             Councillor, Kempsey Shire Council (Chair)

Paul Bourne                   NSW Rural Fire Service – Kempsey Brigade Volunteer

Paul Gallagher               Assistant GM Engineering Services Nambucca Shire Council

Darryl Lang                    NSW Rural Fire Service – Nambucca Brigade Volunteer

Kathy Oliver                   Director Community Engagement, Kempsey Shire Council

Lachlann Ison                 Exec Officer – Zone Manager, RFS Lower North Coast Zone

Wayne Leader               NSW Rural Fire Service

 

 

Meeting commenced 0905hr.

 

1.       WELCOME

Committee Chair Bruce Morris welcomed members of the LNC Zone SLA Liaison Committee.

Welcome to Paul Bourne who has replaced Steve Sproule as the LNC RFS volunteer representative on the SLA committee.

2.       APOLOGIES

            Cr John Ainsworth      Councillor, Nambucca Shire Council

3.         PREVIOUS MINUTES

Recommendation: Minutes of the meeting held 14th August 2014 be accepted.

Moved: Darryl Lang           Seconded: Paul Gallagher           Motion Carried

4.       BUSINESS ARISING

Nil

5.       AGENDA ITEMS

 

a/    SLA Business Plan/Quarterly Performance Report – 2014/15 Q1

·    All line items reviewed, general discussion.

Moved: Paul Gallagher    Seconded: Kathy Oliver    Motion Carried

b/    Operational Report (Incidents attended)

·    Report attached.  Now includes F&R grass and bushfire incidents due to new version of ICON.

Moved: Kathy Oliver    Seconded: Paul Gallagher    Motion Carried

c/    2014/15 Budgets

·    Received by both Councils in October.

 

d/    Financial Reports – Q1

·    Expenditure for both LGAs slightly ahead of pro-rata on budget, however to be expected due to fire season.

e/    Draft 2015/15 Budgets

·    Provided to both Councils at meeting.  Discussion in relation to proposed capital items, including stations and firefighting appliances.  To be negotiated with both Councils prior to finalisation in March 2015.

6.       GENERAL BUSINESS

Discussion in relation to ICON and associated applications, such as Fires Near Me.  Suggestion that knowing the fire location and extent is good, however the public are also interested in the active fire edge, particularly for some of the larger fires burning over an extended period.

Motion – Lachlann to write to RFS requesting Fires Near Me include active fire edge.

Moved: Bruce Morris        Seconded: Kathy Oliver        Motion Carried

7.       DATE AND TIME FOR NEXT MEETING

2nd Wednesday in February, May, August and November commencing 0900

·    11th February 2015 – Nambucca Emergency Operations Centre (NEOC)

·    13th May 2015 – Kempsey Fire Control Centre (KFCC)

·    12th August 2015 –  Nambucca Emergency Operations Centre (NEOC)

·    11th November 2015 – Kempsey Fire Control Centre (KFCC)

 

 

8.       CLOSURE

 

                   Meeting closed at 0958 hours

 

 

 

 

 

 

 

 

 

 

 

 

 

Operational Summary – 2014/15

 

Nambucca

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

71

 

 

 

71

Fire & Rescue

18

 

 

 

18

National Parks

1

 

 

 

1

Forest Corp

2

 

 

 

2

Police

2

 

 

 

2

Ambulance

2

 

 

 

2

SES

-

 

 

 

-

Total

96

 

 

 

96

 

 

Kempsey

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

133

 

 

 

133

Fire & Rescue

94

 

 

 

94

National Parks

4

 

 

 

4

Forest Corp

1

 

 

 

1

Police

6

 

 

 

6

Ambulance

-

 

 

 

-

SES

-

 

 

 

-

Total

238

 

 

 

238

 

 

Total Lower North Coast

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

204

 

 

 

204

Fire & Rescue

112

 

 

 

112

National Parks

5

 

 

 

5

Forest Corp

3

 

 

 

3

Police

8

 

 

 

8

Ambulance

2

 

 

 

2

SES

-

 

 

 

-

Total

334

 

 

 

334

 

*Figures obtained from ICON

 


Ordinary Council Meeting                                                                                                15 January 2015

Engineering Services

ITEM 11.2    SF878              150115         Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014

 

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

 

Summary:

 

The minutes of the Mid North Weight of Loads Group meeting held on 20 November 2014 are attached.

 

 

Recommendation:

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 20 November 2014.

 

 

OPTIONS:

 

1        Accept the recommendation.

2        Not accept the recommendation.

 

 

DISCUSSION:

 

Council is a financial member Mid North Weight of Loads Group.  The minutes of the most recent meeting held on 20 November 2014 are attached.

 

Elections were conducted for the management executive of the Mid North Weight of Loads Group and the following members appointed:

 

Chairperson                     Cr Katheryn Smith

Vice Chairperson             Cr Fred Geldof

Secretary                        Mr Danny Green

Supervising Engineer       Mr Gil Gendron

 

The next meeting will be hosted by Tamworth Regional Council on Monday 9 March 2015.

 

 

CONSULTATION:

 

There was no other consultation undertaken in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 


Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on the current budget associated with this report.

 

Source of fund and any variance to working funds

 

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

 

Service level changes and resourcing/staff implications

 

There are no resource or staff implications associated with this report.

 

 

Attachments:

1

37032/2014 - Minutes - Weight of Load Group - 20 November 2014

 

2

37034/2014 - 2014 Statistics Graphs for  Mid North Weight of Loads Group as at 5 December 2014

 

  


Ordinary Council Meeting - 15 January 2015

Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014

 




Ordinary Council Meeting - 15 January 2015

Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014

 





Ordinary Council Meeting                                                                                                15 January 2015

Assistant General Manager Engineering Services Report

ITEM 11.3    SF90                150115         Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 2 December 2014 are attached for Council’s information and adoption.

 

 

Recommendation:

 

That Council:

 

1        receive and note the minutes of the Nambucca Shire Traffic Committee held on the 2 December 2014

 

2        install line marking to delineate turning movements into Eggleton Street from Hyland Park Road.

 

3        notes that the RMS is investigating the possibility of installing a mobile speed camera on Hyland Park Road.

4        That Council notes that additional patrols will be conducted by NSW Police.

5        NSW Police will monitor compliance of Heavy Vehicle parking on Mumbler Street       Nambucca Heads.

 

6        approve the following temporary road closures to accommodate the Australia Day 2015 ‘Fun Day’ and associated fun run activities in Nambucca Heads:

 

1        Boat ramp and road through Gordon Park - 6.00am to 6.00pm

 

2        For short periods between 7.00am and 10.00am at the following locations:

 

          a        Wellington Drive (from Gordon Park to the V Wall)

          b        Shelly Beach Road (from Parkes Street)

                   c        Parkes Street (from Shelly Beach Road to Captain Cook Lookout)

7        install 2 signs on North Arm Road reminding drivers to drive to the conditions, one immediately prior to the start of the gravel section and the other immediately after the Argents Hill centre.

 

8        advise the Nambucca Heads Community Action Group that the NSW Police have been advised of their concerns and that the NSW default speed limit in built up areas is 50km/h, negating the need for further signage.

 

9        approve the installation of a NO STOPPING zone on the northern side of Willunga Avenue between Mumbler Street and the Pacific Highway.

 

10      note that approval has been granted to the temporary road closure of High Street Bowraville between Belmore and Young Streets on 18 December 2014 between 3.00pm and 7.00pm to conduct their annual community Christmas party.

 

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

DISCUSSION:

 

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

 

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

 

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

 

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

 

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

 

The members of the Committee met on 5 August 2014 and determined a number of matters as per the attached Agenda and Minutes. 

 

 

CONSULTATION:

 

·              Mr Daniel Boorman (Roads and Maritime Services)

·           Snr Constable Craig Myles (NSW Police)

·              Mr Barry Duffus OAM (Local State Member Representative)

·              Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact as a result of the recommendations

 

Social

 

The recommendations aim to achieve an acceptable road environment for drivers and pedestrians

 

Economic

 

No economic impact as a result of the recommendations

 

Risk

 

Risks associated with the recommendations have been balanced with available funding and public acceptance

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Costs associated with line marking ($3,000) and sign installation ($1,000)

 

Source of fund and any variance to working funds

 

Working fund

 

Service level changes and resourcing/staff implications

 

Time associated with approval to carry out designs & install signs

 

Attachments:

1

35415/2014 - Agenda - Nambucca Shire Traffic Committee - 2 December 2014

 

2

36124/2014 - Minutes - Nambucca Shire Traffic Committee - 2 December 2014

 

  


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

NAMBUCCA SHIRE COUNCIL

 

Nambucca Shire Traffic Committee Meeting - 02 December 2014

COMMENCING AT 10.30AM AT COUNCIL’S ADMINISTRATION CENTRE

 

 

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

......... Nambucca Shire Traffic Committee Meeting - 7 October 2014  There are no minutes as this meeting was cancelled.

4        Assistant General Manager Engineering Services Report

4.1     Vehicle speeds entering Hyland Park..................................... Error! Bookmark not defined.

4.2     Extended Heavy Vehicle Parking - Mumbler Street Nambucca Heads Error! Bookmark not defined.

4.3     Australia Day 2015 ‘Fun Day’ - Events on Road Application.... Error! Bookmark not defined.

4.4     Vehicle Speeds - North Arm Road......................................... Error! Bookmark not defined.

4.5     Vehicle Speeds - Nambucca Heads....................................... Error! Bookmark not defined.  

 

5        GENERAL BUSINESS

6        NEXT MEETING DATE – 3 February 2014

7        CLOSURE

 

 


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).

 

           


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.1      RF333              021214         Vehicle speeds entering Hyland Park

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a letter from a Hyland Park resident concerned at the high speeds vehicles are entering the village from Hyland Park Road.

 

 

Recommendation:

 

That the Nambucca Shire Local Traffic Committee recommends that Council:

 

a        Install one speed hump near the bus stop to limit through traffic speed on Hyland Park Road.

b        Install line marking to delineate turning movements into Eggleton Street from Hyland Park Road.

 

 

OPTIONS:

 

1        Retain existing layout as reported accident history suggest one tow away incident in 2008.

 

2        Install line marking to delineate traffic flow.

 

3        Install a roundabout.

 

 

DISCUSSION:

 

Hyland Park Road has a posted speed Limit of 90km/h and extends for 3km from its intersection with Mann Street, Nambucca Heads. The open roadside environment of Hyland Park Road encourages motorists to drive at high speeds as there are no intersecting public roads or buildings of any nature.

 

When entering Hyland Park Village many of the motorists continue to drive at speeds much higher than the posted 50km/h speed limit, despite advanced warning signs and a village entry statement being in place, however the roadside environment remains open with no buildings.

 

The first intersection (Eggleton Street) appears over the crest of a hill from Hyland Park Road.  50% of the motorists continue straight on towards Banyandah Road and past the intersection, often at speed, with the remainder turning left into Eggleton Street. As reported, turning motorists underestimate the speed they are travelling at on the approach to the intersection and have difficulty making the turn manoeuvre without crossing onto the wrong side of the road or they miss the turn completely and continue off the road and into the overgrown reserve opposite.

 

Immediately after the turn into Eggleton Street, on Hyland Park Road a school bus stop exists, there is concern from Hyland Park residents that vehicles having trouble negotiating the turn will either plough into another vehicle waiting to enter the intersection or a pedestrian(s) going to or from the bus stop on the road verge, as no footpath exists. The attached correspondence reaffirms this concern.

 

“Last Thursday i was walking my granddaughter home from my house and she was sitting on my bike as i wheeled her home and on the approach to the intersection a car came around the corner sideways then spotted us and slammed his brakes on i had a verbal slash at him as it frightened my 6yr old granddaughter that much she jumped from the bike and started crying i truly hope something comes to fruition before someone is hurt thank you”.

 

As a solution Mr Colston has suggested Council install 2 sets of speed humps to encourage lower vehicle speeds at the entry to Hyland Park. See attached.

 

Speed restrictions at this location have been discussed a number of times with the Local Traffic Committee, a previous response from Council’s Manager of Traffic is attached.

 

Roads and Maritime Services carried out a Speed Zone review of Hyland Park Road – February 2013 which recommended the posted speed limit be 90km/h from 100.  This speed limit has been implemented.

2 x 50 Area signs are in place at the change of speed limit and an advanced warning sign has been installed advising motorists of the impending change

 

Council installed traffic counters immediately after the bus stop on Hyland Park road to monitor actual vehicle speeds.  The counters were in place for a two week period from Friday 17 October 2014 to Thursday 30 October 2014.

 

The results are attached, however in summary 77% of vehicles are travelling over the posted speed limit of 50km/h and 45% of total vehicles are travelling at more than 60km/h. A large proportion of vehicles under the speed limit would have turned left out of Eggleton and are in the process of gathering speed after the Give Way restriction; therefore it can be assumed at least 90% of through vehicles are travelling over the speed limit.

 

As vehicles do continue to speed past the change of speed limit and the school bus stop– this now becomes a police issue, however they do not have the resources to be at every location where there is reports of vehicles travelling above the speed limit.

 

As per the Valla Beach experience – Speed Humps are no longer accepted by the community, we only hear from the people who don’t want them when they’ve been installed.

 

The Traffic Committee may consider the merits of installing one speed hump near the bus stop to limit through traffic speed. Vehicles turning into Eggleton Street should have already slowed down to negotiate the corner, however a raised median at the intersection will provide delineation for turning traffic and protection for other road users and pedestrians.

 

Indicative costs associated with the Installation of traffic management measures to reduce vehicle speeds

Speed Humps could be $2-3000 each

 

Footpath along Eggleton Street $25,000+

 

The traffic management measures noted above will need to be considered by Council in future budgets where merits for funding the project will be competing with other projects of similar importance.

 

 

CONSULTATION:

 

Mr Gary Colston

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental Impact

 

Social

 

Reducing vehicle speeds and controlling access to Eggleton Street will provide a socially more acceptable environment for Hyland Park Residents

 

 

Economic

 

No Economic Impact

 

Risk

 

There is a risk of an errant vehicle colliding with either a pedestrian or car waiting to enter the intersection.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Approximately $10,000

 

Source of fund and any variance to working funds

 

Councils working funds

 

Service level changes and resourcing/staff implications

 

Costs associated with installation of traffic calming

Attachments:

1

32360/2014 - Attachments relating to Hyland Park Road vehicle speeds

 

2

32649/2014 - Hyland Park Road Traffic Counts

 

  


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 



Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 



Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.2      SF95                021214         Extended Heavy Vehicle Parking - Mumbler Street Nambucca Heads

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a complaint regarding heavy vehicles using Mumbler Street, Nambucca Heads as a rest stop and place to work on their vehicles.

 

 

Recommendation:

 

That the Nambucca Local Traffic Committee recommend Council install appropriate signage on Mumbler Street, Nambucca Heads to remind truck drivers they must not stop on a length of road in a built up area for longer than 1 hour

 

 

OPTIONS:

 

Restrict heavy vehicle access to Mumbler Street to daylight hours only.

 

DISCUSSION:

 

Mumbler Street is a local street that runs parallel to the Pacific Highway between Willunga Avenue and Bellwood Road Nambucca Heads. The street is 12m wide and gives the impression of being an industrial estate service road as opposed to a residential street. Residential development has occurred on the eastern side with the western side being undeveloped bushland.

 

Being so close to the highway and extremely wide for a local road, Mumbler Street tends to draw heavy vehicles and drivers assume they are out of sight.  Council has previously received complaints on the matter and the letter attached details the dramas and noise experienced by local residents over just one night.

 

 

CONSULTATION:

 

Donna-Maree Danaher

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Restricting heavy vehicle access to Mumbler Street will be a positive outcome regarding noise pollution for residents.

 

Social

It is socially more acceptable not to have heavy vehicle parked or idling outside residential properties, particularly at night.  Shift workers are being impacted by overnight truck movements.

 

Economic

No economic impact.

 

Risk

There is a risk of further complaints if no action is taken

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Cost of signs

 

Source of fund and any variance to working funds

 

Signs budget

 

Service level changes and resourcing/staff implications

 

Nil

 

 

Attachments:

1

31787/2014 - Request for signage to stop truck drivers using Mumbler Street and Bellwood Road, Nambucca Heads as a resting stop - Donna Danaher

 

  


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 



Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.3      SF565              021214         Australia Day 2015 ‘Fun Day’ - Events on Road Application

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The Lions Club of Nambucca Heads has requested the temporary road closures to conduct the Australia Day 2015 ‘Fun Day’.

 

 

Recommendation:

 

That the Nambucca Shire Local Traffic Committee recommends that Council approve the following temporary road closures to accommodate the Australia Day 2015 ‘Fun Day’ and associated fun run activities in Nambucca Heads:

 

1        Boat ramp and road through Gordon Park - 6.00am to 6.00pm

 

2        For short periods between 7.00am and 10.00am at the following locations:

 

          a        Wellington Drive (from Gordon Park to the V Wall)

          b        Shelly Beach Road (from Parkes Street)

          c        Parkes Street (from Shelly Beach Road to Captain Cook Lookout)

 

 

OPTIONS:

 

Refuse the application for road closures.

 

DISCUSSION:

 

The Nambucca Heads Lions Club and the Nambucca Heads Chamber of Commerce are attempting to reinvent and restore Australia Day in the Nambucca Valley to its former glory.  To conduct some of the activities the following road closures have been requested on Australia Day:

 

Gordon Park is the he central location for a majority of the activities

Boat ramp and road through Gordon Park -   6.00am to 6.00pm

 

Captain Cook 4.5km Challenge Fun Run

 

The following locations will be closed for short periods between 8.00am and 10.00am:

 

1    Wellington Drive (from Gordon Park to the V Wall)

2    Shelly Beach Road (from Parkes Street)

3    Parkes Street (from Shelly Beach Road)

 

The VRA and barriers will be in place to prevent vehicles from entering Gordon Park and temporary road closures are proposed to allow fun runners to compete within the public road system.

 

 

CONSULTATION:

 

Lions Club of Nambucca Heads

Council’s Safety and Risk Officer

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental Impact.

 

Social

 

The short term inconvenience that will be experienced by some residents is considered a minor price to pay for an event to be enjoyed by large numbers of the community.

 

Economic

 

There will be a minor economic impact.

 

Risk

 

The risks associated with the road closures have been addressed and reduced or eliminated in the traffic control plan.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

Nil

 

 

Attachments:

1

33705/2014 - Letter to police Australia Day 2015 Fun Day

 

2

33704/2014 - Traffic Control Plan for Australia Day 2015 Fun Day

 

3

33702/2014 - Completed Application for Event on Council Road Australia Day 2015 'Fun Day'

 

  


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

 

Contact Details:

Postal Address:  PO Box 177, Macksville NSW 2447

Telephone:  (02) 6568 2555

 

 

Office Location:

44 Princess Street, Macksville NSW 2447

Website:

www.nambucca.nsw.gov.au

 

Email:

council@nambucca.nsw.gov.au

 

Updated:  27/06/14  Our Ref: 14593/2009

 

GUIDELINES FOR THE COMPLETION OF THE APPLICATION FOR APPROVAL OF ACTIVITIES AND EVENTS ON ROADS

 

 

Before you start to organise your event please read the following:

 

APPLICATION REQUIREMENTS

 

Applications must be submitted 2 months prior to the event when road closures are required and 1 month for all other activities.

 

 

APPLICATION AND ADVERTISING FEES (2014/2015)

 

Application Fee     $134 (GST exempt)

Advertising Fee     $154 (GST exempt)

 

 

PUBLIC LIABILITY INSURANCE

 

A Certificate of Currency for Public Liability Insurance with a minimum cover of $20 million (variable subject to Council's risk assessment of event exposure) must be attached and must contain:

 

·      A notation endorsing Nambucca Shire Council as an interested party;

·      A notation stating the name of the event and that cover extends to the event to be held.

 

Incomplete applications will impact on the approval of your event.

 

 

EVENT CLASSES

 

There are 4 different classes of events (described below) and it is your responsibility to determine which Class is applicable to your event:

 

CLASS 1:    An event that impacts major traffic and transport systems.

                   Significant disruption to community.

 

CLASS 2:    An event that impacts local traffic and transport systems.

                        Minimal impact on community.  For example:  An event that blocks off the main street of a town or shopping centre but does not impact a principal transport route or a highway. 

 

CLASS 3:    An event with minimal impact on local roads.

                   No impact on community.

 

CLASS 4:    Moving event under police control.

                   Impact varies from significant to minimal.

 


 

RISK ASSESSMENT PROCESS

 

As an event organiser you will need to assess the risks associated with the event and develop and implement control measures, to ensure the safety of employees, volunteers, attendees and the public.

 

You may be involved in an event that creates changes to your normal work practices/activities. You may have stock on the pavement, undertake outside cooking or food tasting, hold a street party, festival or have extra people in your business or home.  You need to ensure you minimize the risk to Council, yourself, your fellow volunteers, your friends, customers, staff and your home or business.

 

Please use the Risk Assessment Tool provided on page 5 to assess the risks.  Record the risks in the column titled Risk Related Issues (eg hazard).  Assess the likelihood of this happening using the scale on Page 7. Assess the consequences using the table in the same way. Determine the risk rating by intersecting the likelihood and consequence.  For example, a consequence of 1 and a likelihood of E, makes the rating High (H).

 

Once you have done this, write down what you will do to control the hazard.  Always get someone to review your risk assessment; they may identify a further risk, or a risk control measure.

 

Additional information on Risk Management can be found in the WorkCover Guide to Risk Assessment at Work, and Standards Australia and Standards New Zealand document AS/NZS ISO 31000:2009 Risk Management – Principles and Guidelines.

You may need to consult with your insurer, organisations like NSW Workcover and other consultants (legal, financial etc) who can provide recommendations or professional advice.

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

 

APPLICATION FORM

 

ACTIVITIES & EVENTS ON ROADS

 

 

Form to be completed by Event Coordinator who is the person / organisation / employer whose name is on the Public Liability Insurance policy.  Please complete application in BLACK pen

 

APPLICATION FEE (GST Exempt) 14/15

$ 134.00

 

ADVERTISING FEE (GST Exempt)

$154.00

Receipt No:

 

 

Date Paid:

 

Job No. 1270.130.111

 

 

APPLICANT

Contact Person

Peter Mitchell

 

Organisation

Lions Club of Nambucca Heads

 

Address

61 Marshall Way Nambucca Heads NSW 2448

 

 

 

 

Email:

nambuccaheads@lionsdistrict201n1.org.au

 

Phone

6568 6501

Fax

 

Mobile

 

 

 

EVENT DESCRIPTION

Name

Australia Day 2015 ‘Fun Day’

Date

Monday 26th January 2015

Time

Start

6.00am

 

Finish

6.00pm

Please also provide a brief description of the proposed event below:

The Nambucca Heads Lions Club, Nambucca Heads Chamber of Commerce and a group of dedicated locals have put their heads together to organise a swag of events including the Captain Cook Challenge Fun Run, market stalls, music, games, activities and more – in a bid to reinvent and restore Australia Day in the Nambucca Valley to its former glory.

 

With the activities centred on Gordon Park and the associated boat ramp closed between 6.00am to 6.00pm (to allow for set-up and clean-up) and for short periods between 7.00am and 10.00am (for set-up, fun run and removal of Workforce requirements) along Wellington Drive between Gordon Park and the V-Wall, Shelly Beach Road, and Parkes Street between Shelly Beach Road and the Lookout for the Captain Cook Challenge which will see runners take part in a 4.5km run from Gordon Park, along the V-Wall over to Shelly Beach, up the road to Captain Cook Lookout and back.

 

 

 

 

EVENT LOCATION

Town

Nambucca Heads

 

Road Name (s)

Gordon Park, Wellington Drive between Gordon Park and the V-Wall, Shelly Beach Road, and Parkes Street between Shelly Beach Road and the Lookout.

 

Between

 

and

 

 


 

 

EVENT TYPE

CLASS 1

CLASS 2

CLASS 3

CLASS 4

 

 

POLICE CONTACT (Class 4 Applications Only)

Contact Person:

 

 

Email:

 

 

Phone:

 

Fax

 

Mobile

 

 

 

RTA CONTACT (Class 1 Applications Only)

Contact Person:

 

 

Email:

 

 

Phone

 

Fax

 

Mobile

 

 

 

RISK MANAGEMENT - TRAFFIC

 

This section must be completed for ALL EVENTS regardless of class type.

 

Occupational Health & Safety – Traffic Control

 

        Risk Assessment plan (or plans) attached.  Identify the risks and how the risks will be eliminated or minimised?

 

Public Liability Insurance

 

        Public liability insurance arranged ($20 million). Certificate of Currency attached (noted on the Certificate: Nambucca Shire Council endorsed as an interested party with a notation that the Policy covers the event.)

 

Police

 

      Please attach a copy of the notification letter written to NSW Police

 

Fire Brigades and Ambulance

 

      Please attach a copy of the notification letter written to NSW Fire Brigade

 

      Please attach a copy of the notification letter written to Ambulance NSW

 

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

 

CLASS 1  Complete all sections                                     CLASS 2  Complete Sections 3.1 – 3.8

CLASS 3  Complete Sections 3.1 – 3.2                          CLASS 4  Complete all Sections

 

3.1             The route or location

 

x

Map attached

3.2             Traffic Control Plans

 

x

Traffic Control Plan must be prepared by a person/company who is suitably qualified and is RMS accredited – details attached

 

x

Traffic Controllers must be qualified have passed approved RMS Training Courses

3.3             Parking

 

 

Parking organised – details attached

 

x

Parking not required

3.4             Construction, traffic calming and traffic generating developments

 

 

Plans to minimise impact of construction activities, traffic calming devices or traffic generating developments attached.

 

x

There are no construction activities, traffic calming devices or traffic generating developments at the location/route or on the detour routes.

3.5             Trusts and Authorities

 

 

This event uses a facility managed by a Trust or Authority; written approval attached.

 

x

This event does not use a facility managed by a trust or Authority

3.6             Public Transport

 

 

Public transport plans created – details attached

 

x

Public transport not required

3.7             Reopening roads after moving events

 

 

This is a moving event – details attached

 

x

This is a non-moving event.

3.8             Traffic management requirements unique to this event

 

 

Description of unique traffic management requirements attached

 

x

There are no unique traffic requirements for this event

3.9             Contingency Plans

 

 

Contingency plans attached

Contingency Planning considered includes fully closing Wellington Drive, Shelly Beach and Parkes Streets as appropriate or cancelling the Fun Run.

3.10           Heavy vehicle alternate routes

 

 

Alternative routes for heavy vehicles required – RMS to arrange

 

x

Alternative routes for heavy vehicles not required

3.11           Special event clearways

 

 

Special event clearways required – RMS to arrange

 

x

Special event clearways not required


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

 

CLASS 1   Complete all sections                       CLASS 2   Complete 4.1 – 4.2

CLASS 3   Complete 4.1 only                            CLASS 4   Complete all sections

 

4.1          Access for local residents, businesses, hospitals and emergency vehicles

 

 

Plans to minimise impact on community attached

 

x

This event does not impact the community either on the main route (or location) or detour routes

4.2          Special event warning signs

 

x

Special event information signs are described in the Traffic Control Plan/s

 

 

This event does not require special event warning signs

4.3          Permanent Variable Message Signs

 

 

Messages, locations and times attached

 

x

This event does not use permanent Variable Message Signs

4.4          Portable Variable Message Signs

 

 

The proposed messages and locations for portable VMS are attached

 

x

This event does not use portable VMS

 

 

PLEASE ENSURE THE RISK ASSESSMENT TOOL HAS BEEN COMPLETED

 

 

 

 

 

 

 

 

 

FOR OFFICE USE ONLY:

 

Approved By

Signature

 

 

Name

 

 

Date:

 

 

File No:

 

 

 

Advertise traffic management arrangements

 

 

Prepare advertising medium for Road Closures

 

 

Prepare advertising medium for special event clearways in place but no road closures

 

 

Advertising not required as there are no road closures or special event clearways.

 

 

Notify Applicant of approval of event

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

Risk Assessment Tool

Name of Business/Person

Lions Club of Nambucca Heads

Date

06 November 2014

Name of Event/Function

Australia Day 2015

Prepared By

Mark Mitchelmore

Location of Event/Function

Gordon Park / Wellington Drive / Shelly Beach

Reviewed By

Peter Mitchell

Risk Related Issues (eg. hazards)

Likelihood

Consequence

Risk Rating

Control Measures

 

 

 

 

 

As per attached JSEA/SWMS Job Safety and Environmental Analysis/Safe Work Method Statement Form

 

 

 

 

 

 

 

 

 

For the list of general list of Risks, please refer to the Special Events Application Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Risk Related Issues (eg. hazards)

Likelihood

Consequence

Risk Rating

Control Measures

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RISK ASSESSMENT TOOL – RATING TABLE

 

Likelihood

Consequence

Rating

Consequence

                             Likelihood

 

A = Almost Certain

Expected to occur

 

B = Likely

Will probably occur

 

C = Possible

Might occur at sometime

 

D = Unlikely

Not likely to occur

 

E = Rare

Exceptional circumstances

 

1 = Catastrophic

Extreme pollution; Death or permanent disability; > $500,000

 

2 = Major

Severe pollution; Long term illness or serious injury; $50,000 to $500,000

 

3 = Moderate

Significant pollution; Medical attention & off work; $10,000 to $50,000

 

4 = Minor

Low level pollution, First aid treatment; $1,000 to $10,000

 

5 = Insignificant

Minimal pollution, No injuries; Loss < $1,000

 

E = Extreme

 

 

H = High

 

 

M = Moderate

 

 

L = Low

 

 

A

B

C

D

E

1

E

E

E

E

H

2

E

E

E

H

H

3

E

H

H

M

M

4

H

H

M

L

L

5

H

M

L

L

L

 

 


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.4      SF1009            021214         Vehicle Speeds - North Arm Road

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request to reduce the speed limit on North Arm Road.

 

 

Recommendation:

 

That the Nambucca Shire Local Traffic Committee recommends that Council install 2 signs on North Arm Road reminding drivers to drive to the conditions, one immediately prior to the start of the gravel section and the other immediately after the Argents Hill centre.

 

 

OPTIONS:

 

Request Roads and Maritime Services carry out a speed zone review of North Arm Road.

 

DISCUSSION:

 

A North Arm Road resident has requested Council reduce the roads speed limit as the road is gravel, has a large number of bends, limited guardrail in place and heavy trucks use the road.

 

CONSULTATION:

 

Mr Phillip Wilton

 

SUSTAINABILITY ASSESSMENT:

 

Environment

No impact.

 

Social

No impact.

 

Economic

No impact other than signage may have a hand in reducing vehicle accidents.

 

Risk

Drivers will drive to the conditions no matter what signage is put in place.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Cost of 2 signs and posts

 

Source of fund and any variance to working funds

Working

 

Service level changes and resourcing/staff implications

Resources required to install signage.

Attachments:

1

33722/2014 - Merit Notification (20104539) Request to reduce the speed limit on North Arm Road

 

  


Ordinary Council Meeting - 15 January 2015

Nambucca Shire Traffic Committee Meeting Minutes - 15 January 2014

 

From:South Counter[EX:/O=NSC/OU=NSCDOMAIN/CN=RECIPIENTS/CN=SCOUNTER]

To:Keith Williams[SMTP:Keith.Williams@nambucca.nsw.gov.au]

Received-Date:20141106

Received-Time:12:26:50 AM

Sent-Date:20141106

Sent-Time:12:26:48 AM

Subject:Merit Notification (20104539) Investigate Issue - You are responsible for this Action TRIM-Embedded:Name="C:\Users\scounter\AppData\Local\Temp\MeritLink_20104539.mrt",Extension="mrt",Size="67",EncodedOffset="00000936",EncodedSize="00000000094"

Request ID 20104539

Merit CRM - Action Notification

Investigate Issue - Due 07-11-2014 @ 11:26 AM You are responsible for this Action

------------------------------------------------

Request Details

------------------------------------------------

Request ID: 20104539

Request Type: Traffic - Road Safety - 

Due Date: 07-Nov-2014 11:26 AM

Finalised: No

Priority: Medium L3

Input Officer: Counter, South

Officer Responsible: Williams, Keith

------------------------------------------------

Action Details

------------------------------------------------

Act. ID: 112928

Action: Investigate Issue

Due Date: 07-Nov-2014 11:26 AM

Officer Responsible: Williams, Keith

------------------------------------------------

Customer Details

------------------------------------------------

Name:  Phillip Wilton

Home PH: 65644149

Work PH: 

Address:1026 North Arm Road Argents Hill

------------------------------------------------

Location Details

------------------------------------------------

Property No:

Address: 1026 North Arm Road Argents Hill

------------------------------------------------

Request Description

------------------------------------------------

Customer lives on North Arm Road and has suggested that the speed limit be reduced as it is a gravel road and their are no safety rails and a shear drop and already several cars have left the road and gone over the embankment.  This road is used by a large number of vehicles and heavy trucks and the reduction of speed to at least 80 or less with further signage of dangerous conditions.  Please respond to customer or leave message regarding this complaint/request.

------------------------------------------------

Events

------------------------------------------------

Thank You.