NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

26 February 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 - 26 February 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 - 12 February 2015................................................................................ 6

5        NOTICES OF MOTION

5.1     Announcement of $50m for the Redevelopment of the Macksville Hospital (SF988)........... 14  

6        PUBLIC FORUM/DELEGATIONS

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.................................................................................... 16

9.2     Future Use and Management of Faringdon Fields............................................................. 24

9.3     Gumma Swamp Event Water Quality Monitoring Study and Recommendations.................. 37

9.4     Council Ranger's Report January 2015............................................................................. 45

9.5     Bellingen-Bowraville Road............................................................................................... 47

9.6     2015 January - Construction And Complying Development Certificates Approved ............. 53

9.7     2015 January - Development and Complying Development Applications Received............. 57

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................... 60

10.2   Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 16 September 2014......................................................................................................... 61

10.3   Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 10 February 2015................................................................................................................ 70

10.4   Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 23 October 2014............................................................................................................. 78

10.5   Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 9 February 2015 81

10.6   December 2014 Budget Review....................................................................................... 90

11      Assistant General Manager Engineering Services Report

11.1   Capital Works Report - December 2014........................................................................... 93

11.2   NSW Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 – Service Level Agreement 2015............................................................................................................ 102

11.3   Minutes of the Vehicular Access To Beaches Committee meeting - 13 February 2015....... 112    


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

12.1   Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

  

            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.

 

 

TIME

 

 

DESCRIPTION

 

 

WHERE

 

 

12.30 pm to 4.00 pm

RMS – Discussion of handover of old Highway and Tour of Highway Upgrade – Nambucca Heads to Urunga

 

Leave Council Chambers at 12.30 to

Meet at Lend Lease site office at 1.00pm on Ballards Road

Site Office meeting and tour from Macksville to Urunga

 

 

 

 


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 12 February 2015

The following document is the minutes of the Ordinary Council meeting held 12 February 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 26 February 2015 and therefore subject to change.  Please refer to the minutes of 26 February 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)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.3 Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the original conditions of consent for this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 January 2015

 

660/15 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 29 January 2015 be confirmed subject to the following amendment:

 

Page 9         Item 9.2 resolution no 643/15 Resolution should read:

“That Council defer Item c to receive an alternative option being an environmental “E”  zoning.”

 

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.1      SF2049              120215      Notice of Motion - Commercial Fishing in the Nambucca River (SF1496)

661/15 RESOLVED:        (Morrison/Ainsworth)

 

That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information:

 

i.    How many commercial licenses have been issued in region 3?

ii.   The names of the people who hold the commercial licenses.

iii.  The date when the various commercial licenses were issued?

iv.  How many people from the commercial licenses issued live in the Nambucca Shire?

v.   The number of families that hold more than one commercial license and list the number of commercial licenses held by that family.

vi.  The amount paid for each commercial license and periodic fees?

vii. The period of validity of each commercial license?

viii.       The amount of fish caught in region 3 by variety for the last 10 years.

ix.  The amount of fish caught by each commercial license holder for the last five years.

x.   How many research projects have been conducted in the Nambucca region 3 concerning fish and fish habitat in the Nambucca River and estuaries.  Kindly list these research projects?

xi.  In a recent press release by DPI it was stated “Reviews are undertaken periodically, approximately every five years, to ensure healthy and sustainable fish stocks.  Could you please advise when the last review was undertaken with particular mention of the region 3 area and provide a copy of that review?

xii  That Council ask how far up the Nambucca River commercial fishers are allowed to net and are there any restrictions on the times commercial fishers can fish.

 

 

 

DELEGATIONS

 

RESOLVED:

 

That the following delegations be heard:

 

ITEM 9.2      Management of Bookings at the Visitor Information Centre

          i)        Mr Dave Banks who is speaking against the recommendation.

 

ITEM 10.1    Final Community Facilities and Public Open Space Strategy 2015

          i)        Ms Colleen Henry on behalf of Nambucca Shire Council

 

Mr Banks addressed Council.

 

ITEM 9.2      SF929                120215      Management of Bookings at the Visitor Information Centre

662/15 RESOLVED:        (Flack/Smyth)

 

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.

 

 

DELEGATIONS continued

 

Ms Henry addressed Council.

 

ITEM 10.1    SF544                120215      Final Community Facilities and Public Open Space Strategy  2015

663/15 RESOLVED:        (Ainsworth/Flack)

 

That Council adopt the Final Community Facilities and Public Open Space Strategy 2015.  

 

 

 

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                120215      Outstanding Actions and Reports

664/15 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

ITEM 9.3      SF98                  120215      Naming the Old Pacific Highway

665/15 RESOLVED:        (Ainsworth/Smyth)

 

That Nambucca Shire Council, in conjunction with Bellingen Shire Council advertise, subject to prior consultation and agreement with Muurabyy Language Centre, its intention to adopt the name “Giinagay Way” for the existing Pacific Highway alignment that will be by-passed across the two local government areas.

 

 

 

ITEM 9.4      SF314                120215      Future of Grants Hall

666/15 RESOLVED:        (Ainsworth/Smyth)

 

That Council seek expressions of interest in the leasing of Grants Hall.

 

 

 

ITEM 9.5      SF688                120215      Environmental Levy - Revegetation and Restoration Project

667/15 RESOLVED:        (Flack/Smyth)

 

1           That Council allocate $30,000 of unallocated Environmental Levy funds to the commencement of a program of landscape restoration within Council reserves.

 

2        That any Council contractors affected by the proposed restoration works be notified and fees adjusted appropriately.

 

 

 

ITEM 9.6      SF1947              120215      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 January to 4 February 2015

668/15 RESOLVED:        (Ainsworth/South)

 

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

 

669/15 RESOLVED:        (Flack/Smyth)

 

That Council staff, once the timeframe has expired and the requested information has not been provided that the applicant is given the opportunity to withdraw the application otherwise it will be put to Council with a recommendation for refusal.

 

 

 

ITEM 9.7      SF2021              120215      Official Opening of the Bowraville Off River Water Storage

670/15 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That the arrangements for the official opening of the off river water storage at 12 noon on Saturday 28 February 2015 be noted.

 

2        That the off river water storage be officially known as “Bowra Dam” and the Geographical Names Board of NSW be advised accordingly.

 

 

 

Assistant General Manager Corporate Services Report

 

Item 10.1 was dealt with under Delegations.

 

 

 

ITEM 10.2    SF251                120215      Schedule of Council Public Meetings

671/15 RESOLVED:        (Flack/South)

 

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

 

 

 

ITEM 10.3    SF309                120215      Transfer of Ownership - Bowraville Folk Museum from Council to Bowraville Folk Museum Inc

672/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the transfer of ownership of the Bowraville Folk Museum to the Bowraville Folk Museum Inc was completed on 17 December 2014.

 

 

 

ITEM 10.4    SF307                120215      Coronation Park Committee of Management - Minutes of Annual General Meeting - 17 November 2014

673/15 RESOLVED:        (MacDonald/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for Coronation Park’s Annual General Meeting held on 17 November 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

ITEM 10.5    SF1931              120215      Write Off - Sundry Debtor – NSW Heritage And DSRD Industry Land Strategy (SF1686)

674/15 RESOLVED:        (MacDonald/Ballangarry)

 

That Council write off the sundry debts of $12,130.90 owed to Council by NSW Heritage and $5,723.00 by DSRD Industry Land Strategy.

 

Amendment:       (Morrison/Ainsworth)

 

That Council write to the organisations concerned regarding the money owed.

 

The amendment was LOST.

 

 

 

ITEM 10.6    SF1991              120215      Investment Report To 31 January 2015

675/15 RESOLVED:        (MacDonald/Ballangarry)

 

That the Accountants’ Report on Investments placed to 31 January 2015 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1696              120215      Result of T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites

676/15 RESOLVED:        (Flack/Ainsworth)

 

That Council acknowledge that the offer from Origin Energy to supply retail energy to Council’s small non-contestable sites for a period of 24 months has been accepted to commence from 1 February 2015.

 

 

 

ITEM 11.2    SF1696              120215      Results of RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting

677/15 RESOLVED:        (Smyth/Ainsworth)

 

1        That Council acknowledge that the offer from ERM Power for the supply of electricity to its contestable sites for a period of 24 months has been accepted to commence from 1 January 2016.

 

2        That Council acknowledge that the offer from ERM Power for the supply of electricity to its street lighting for a period of 24 months has been accepted to commence 1 January 2016.

 

 

 

ITEM 11.3    SF453                120215      Waste Management Quarterly Report October - December 2014

678/15 RESOLVED:        (Flack/Ballangarry)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period October – December 2014.

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.4    SF85                  120215      2015/2016 NSW Rural Fire Services 'BID'

679/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council:

 

a)   endorse Option 4 being an allocation outside the realms of rate pegging levy imposed by the State Government for the Rural Fire Service “BID” for 2015/16 financial year being an amount of $220,220.00 - a net increase of 4.5% from the 2014/15 budget.

 

b)   Council thank the Rural Fire Service Zone Manager for the Lower North Coast Zone for his concerted effort to endeavour to provide a 2015/16 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy and advise that Council is unable to fund the proposed plant replacement this financial year.

 

c)   Council seek a ten year financial plan on the plant replacement and infrastructure upgrade from the Rural Fire Service Zone Manager for the Lower North Coast Zone that can be included into Council’s long term financial planning and asset management plans.

 

2        That Council write to the Commissioner for the NSW Rural Fire Service, the Minister for Police and Emergency Services and the Deputy Premier, The Hon Andrew Stoner MP advising that:

 

a)   Council considered the two options presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone 2015/16 Rural Fire Service “BID” at Council’s meeting on 29 January 2015 and advise that Council was unable to fund the proposed plant replacement within the options presented this financial year as the contribution was in excess of the realms of the rate pegging levy imposed by the State Government.

 

b)   The 2015/16 Rural Fire Service “BID” of $2202,20.00 - a net increase of 4.5% from the 2014/15 budget has been endorsed by Council at its meeting on 12 February 2015 and that Council will not endorse any further increases to the draft bid as presented.

 

c)   Council acknowledge that the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to again provide a 2015/16 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy.

 

d)   That Council is unable to fund the proposed plant replacement in Option one and two presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone this financial year under the current economic climate

 

e)   Council has requested a ten year financial plan on the plant replacement and infrastructure upgrade from the Rural Fire Service Zone Manager for the Lower North Coast Zone that can be included into Council’s long term financial planning and asset management plans.

 

f)    Trust that the Commissioner for the Rural Fire Service and State Government will adhere to the same parameters of the rate pegging levy imposed onto Local Government.

 

g)   Request the Commissioner for the Rural Fire Service and Minister for Police and Emergency Services to provide a full detailed breakdown of the State expenditure that encompasses PART B of the RFS budget to ensure open transparency of the RFS budget when Council presents its budget to the Nambucca community.

 

    

 

The meeting adjourned at 8.00 pm.

The meeting resumed at 8.30 pm.

 

 

The Mayor left the meeting for item 12.3 in closed at 8.30 pm.

The Deputy Mayor, Cr Ainsworth took the Chair for the remainder of the meeting.

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

680/15 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:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1696              120215      T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites - Confidential Attachment

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (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    SF1696              120215      RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting - Confidential Attachment

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (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 12.3    DA2001/096        120215      Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.30 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Finlayson/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.56 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1696              120215      T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites - Confidential Attachment

resolved:

 

This item was considered in conjunction with Item11.1.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1696              120215      RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting - Confidential Attachment

resolved:

 

This item was considered in conjunction with Item 11.2.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    DA2001/096        120215      Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

681/15 RESOLVED:        (Finlayson/MacDonald)

 

1        That Council endorse the proposed agreement arising out of the Section 34 conciliation conference for Quarry Solutions Pty Ltd -v- Nambucca Shire Council (Land and Environment Court Proceedings No. 14/10844) subject to the plaintiff’s agreement to additional conditions as discussed in Closed Meeting.

 

2           That Council review the Section 94 Contribution Plan for Mines and Extractive Industries.

 

3        That Council ask the Local Traffic Committee to reconsider the speed limit on Valla Road, particularly between the Pacific Highway and the entrance to the Valla Quarry.

 

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.57 pm. 

 

Confirmed and signed by the Mayor on 26 February 2015.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

    


Ordinary Council Meeting                                                                                              26 February 2015

Notice of Motion

ITEM 5.1      SF2049            260215         Announcement of $50m for the Redevelopment of the Macksville Hospital (SF988)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

On 14 February 2015, the NSW Deputy Premier Troy Grant, Minister for Health Jillian Skinner and Parliamentary Secretary for Rural and Regional Health Melinda Pavey committed a re-elected NSW Liberals and Nationals Government to an expenditure of $50m for a major redevelopment of the Macksville Hospital.

 

 

Recommendation:

 

1        That Council thank the NSW Deputy Premier, the Hon. Troy Grant; the Minister for Health, the Hon. Jillian Skinner; the Parliamentary Secretary for Rural and Regional Health, Melinda Pavey and the outgoing Member for Oxley, the Hon. Andrew Stoner for the announcement of funding for the redevelopment of the Macksville hospital.

 

2        That Council seek a similar funding assurance from the NSW Opposition.

 

3        Council continue to liaise with NSW Health and the Mid North Coast Local Health District concerning the planning for the hospital upgrade and lobbying for Federal Government funding assistance.

 

 

OPTIONS:

 

Council has options in relation to lobbying.

 

DISCUSSION:

 

On 14 February 2015, the NSW Deputy Premier Troy Grant, Minister for Health Jillian Skinner and Parliamentary Secretary for Rural and Regional Health Melinda Pavey committed a re-elected NSW Liberals and Nationals Government to an expenditure of $50m for major redevelopment of the Macksville Hospital.

 

The Deputy Premier advised that, “since coming to Government we have prioritised Port Macquarie, Kempsey and now Macksville Hospital for much needed upgrades.  The redevelopment will enhance patient care at Macksville Hospital while also improving ambulatory care and outpatient treatments.”

 

The Health Minister acknowledged that the Macksville community has some unique health challenges, including chronic illness and complex health needs due to its significant aged and Aboriginal population.

 

The Parliamentary Secretary for Rural and Regional Health expressed the hope that the hospital upgrade will attract quality health staff to live and work in the area and ensure that health workers have a workplace they can be proud of.

 

Reference was also made to the $80.9m upgrade of the Kempsey hospital to ensure that it can meet the health needs of its community.

 

The upgrade of the Macksville hospital has been the subject of lobbying by Council, and particularly since June 2014 when Council wrote to the Minister for Health and the CEO of the Mid North Coast Local Health District emphasizing the urgent need for the planning and funding of a replacement hospital and the urgent need for support for, and the recruitment of doctors and nurses.  Since then I have discussed the matter with the Deputy Premier and the Health District CEO.

 

 

CONSULTATION:

 

There has been consultation with the General Manager.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The announcement is a pleasing development in the long running saga to achieve a much needed improvement in our local hospital.  A good quality local hospital is important to the fabric of our local community.

 

Economic

 

Again a good quality local hospital is important to attracting health staff to live and work in the area.  It is also a consideration in decisions made by people to move to the area.

 

Risk

 

There is a risk that the funding will not be delivered.

 

There is a risk that the funding will be inadequate to undertake the required work.  The nature of the political process seems to be that such funding announcements are often made at the outset and before an agreed planning process determines what capital work is actually required and the budget for that work.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact for Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no implication for Council resourcing or service levels.

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                              26 February 2015

General Manager

ITEM 9.1      SF959              260215         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.

 

The inception meeting will be held on 5 February 2015 to commence the process.

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

 

Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate March

 

 

NOVEMBER 2013

 

5

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.

 

Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure.

 

Now deferred to first meeting in March 2015.

 

DECEMBER 2013

 

6

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

 

7

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.

 

Dam inspected on 3 February and is about 20% full.

 

 

JUNE 2014

 

8

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.

 

Matter discussed with the Mayor on 21/1/2015. 

 

The NSW State election is now only 2 months away (28 March 2015) and as at the date of preparing this report no funding announcement had been made.  If no announcement is forthcoming in the near future, Council and the community will need to “ramp up” its lobbying to try and secure funding for either a new Macksville hospital or a substantial refurbishment.

 

Mayor meeting with Health District CEO on 4 February 2015.

 

Announcement made on 14/2/2015 of $50m in funding.

 

 

JULY 2014

 

9

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

 

10

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

 

 

11

SF595

28/08/14

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

 

AGMES

March 2015

Strategic planner seeking funding to engage a consultant to look at the entire system as part of the eateries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding.

 

 

SEPTEMBER 2014

 

12

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.

 

Lots to be pegged out by Council’s Surveyor on his return from annual leave, ready for listing with an agent for sale “off the plan”.

 

Work on pegging out land has commenced.  Report to Council in March 2015.

 

 

13

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).

 

14

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.

 

15

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.

Report deferred until March to assess outcome of invitation for expressions of interest in voluntary redundancy.

 

 

OCTOBER 2014

 

16

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.

 

Mayor instigated discussion with on resident.  Meeting to be organised in near future.

 

Meeting arranged for Thursday 19 February 2015.

 

 

17

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.

 

 

18

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.

 

GM attended meeting at the Valla Beach Pre School on 27 January 2015.  Awaiting advice from Pre School.

 

 

19

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.

Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May

 

 

20

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.

 

At Council’s meeting on 12/02/15 it was resolved “that council staff, once the timeframe has expired and the requested information has not been provided that the applicant is given the opportunity to withdraw the application otherwise it will be put to Council with a recommendation for refusal”.

 

The time limit for the supply of the additional information expired on 21 February 2015.  A site inspection and report for determination to be submitted to Council’s meeting on 12 March 2015.

 

 

NOVEMBER 2014

 

21

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.

 

Unsatisfactory response received from Parliamentary Secretary for Roads on 16 February.  To be reported to Council’s meeting on 12 March 2015.

 

22

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

 

23

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

 

24

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

 

25

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

 

26

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 that MIDROC be requested to support Council’s request.

 

GM

Letters sent 18/12/2014

 

Meeting with RMS Thursday 26 February 2015

 

27

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

Letter sent to Minister w/e 16/1/2015

 

28

SF247

11/12/14

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

 

AGMES

Proposed for March 2015

 

29

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

Proposed for March 2015

 

JANUARY 2015

 

30

SF1480

15/1/15

The transfer and renewal of the encroachment licence (Swimming Creek Caravan Park) be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

GM

Matter discussed with an officer of Crown Lands on 21/1/2015.  It was advised that they (Crown Lands) have received representations from both the caravan park proprietor and Ms Gee.  Crown Lands have concerns about the course of action Council has contemplated in terms of excluding Ms Gee’s dwelling from the licence renewal.  The Crown identifies potential risks to Council as trustee in incurring legal and other costs if it seeks to serve an order to relocate the dwelling.  The officer indicated that Crown Lands staff would be prepared to address Council on the matter.  An invitation to address Council has been sent to the Grafton office of Crown Lands.

 

At this stage legal advice has not been sought.  The cost of this would be in the vicinity of $2,500, but that would only be the start as it is likely that Council would require the endorsement of a Court to enforce the order.

 

 

31

SF2025

15/1/15

The Mayor, Deputy Mayor and General Manager make an appointment for informal discussions with their counterparts at Bellingen Shire Council to explore any interest in a joint meeting of both Councils to discuss possible amalgamation or other joint activities and bring the outcome of this meeting back to this Council.

 

AGMCS

Arrangements being made for discussions.  Anticipate reporting back to Council in March 2015.

 

Meeting arranged with Mayors, Deputy Mayors, GMs’ and AGMCSs’ for 1pm Monday 2 March 2015 at Bellingen.

 

32

LF6900

29/01/15

That Council conduct a site inspection of 4 Albert Street, Bowraville.

 

AGMES

Site inspection scheduled for 26 Feb

Site inspection deferred to 12 March 2015 to be done after an inspection of the proposed pistol range at Missabotti.

 

 

33

SF84

29/01/15

That Council write to the RFS requesting a detailed breakdown of the State (Head Office) “bid”.

 

AGMES

Further report presented to Council 12 Feb on an amended RFS BID and letter sent to the Commissioner Minister as per Council resolution 16 Feb

 

34

SF959

29/01/15

The GM and AGMES undertake a site inspection (of 2 Fraser Street – Leckie) and then report to Council on whether advice should be sought from a geotechnical engineer.

 

GM

Report to March 2015

Site inspection undertaken by GM and AGMES.

 

35

SF1541

29/01/15

Housekeeping amendments to Nambucca LEP 2010 (items c and d) be deferred for 2 months.

 

GM

Report April 2015

 

36

LF6687

29/01/15

Council receive a report in relation to clearing opposite this property (15 Gregory St, Valla Beach), including the OEH response and remediation actions.

 

AGMES

Manager Business Development to draft a report up after speaking to the committee

 

37

SF1541

29/01/15

That the planning proposal in relation to commercial land use in Macksville be deferred for 2 months.

 

GM

Report April 2015

 

38

SF674

29/01/15

That Coffs Harbour City Council be requested to establish a Regional Waste Committee to manage the preparation of the Regional Waste and Resource Recovery Strategy comprising a Councillor, responsible Director plus relevant waste services staff from each participating Council.  Further that as part of the Strategy there be a review of the performance to date compared to the original 2004 proposal.

 

AGMES

Contact initiated by CHCC and a meeting date being organised

 

FEBRUARY 2015

 

39

SF2049

12/02/15

That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information …

 

GM

Letter sent to Fisheries on 19 February 2015.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.2      PRF17              260215         Future Use and Management of Faringdon Fields

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Baga Baga Mens Group of the Nambucca Heads Aboriginal Land Council has requested the transfer of the Faringdon Fields back into Aboriginal management and preferably Aboriginal ownership through the Nambucca Heads Local Aboriginal Lands Council.

 

The lack of use or interest in the land in the 20 years since its dedication indicates that the social/cultural issues pertaining to its use were not properly considered at the time.

 

There is no indication that this will change and accordingly the recent recommendation of the Community Facilities and Public Open Space Needs Strategy is supported.  However given the cultural significance of the site it is agreed with the Baga Baga Mens Group that Council should also seek to transfer the land to Aboriginal ownership. 

 

 

Recommendation:

 

1        Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support an amendment to reclassify as operational land all of the land described as Faringdon Fields being Lot 76 DP 832082 with the intention of transferring it to Aboriginal ownership.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for Gateway determination and consideration under Clause 56 of the Act.

 

3        Prior to the exhibition of the proposed reclassification, that a Master Plan for the re-establishment of the Faringdon Fields as a natural area be prepared.  The Master Plan is to be prepared in consultation with residents of Marshall Way, the developers of the Faringdon subdivision and the Aboriginal community.

 

4        The preparation of the proposed Master Plan be funded from Council’s Environmental Levy.

 

5        That the General Manager be provided with delegated authority to appoint an independent person to undertake the public hearing for the proposed reclassification.

 

 

OPTIONS:

 

There are many potential options, including:

 

1.       Council does not reclassify the land to operational and continues to maintain it in a mown state (the status quo).

2.       Council does not reclassify the land but proceeds to develop a Master Plan for its re-establishment as a natural area.

3.       That Council continue to own the land but enter into a lease of the land to the Nambucca Heads Local Aboriginal Land Council.

4.       That Council continue to own the land and implement the Plan of Management to provide three playing fields.

5.       That Council seek expressions of interest for the use of the land.

 

 

DISCUSSION:

 

Council has received the attached letter from the Nambucca Heads Local Aboriginal Land Council seeking the transfer of Faringdon Fields back into Aboriginal management and preferably Aboriginal ownership through the Nambucca Heads Local Aboriginal Land Council.

 

Council also considered the findings and directions of the Community Facilities and Public Open Space Needs Strategy at its meeting on 12 February 2015.  In relation to Faringdon Fields the report recommended as a high priority that Council;

 

“In partnership with Aboriginal Elders of the Gumbaynggirr Nation and through community involvement, seek funding to enable Faringdon Fields to be re-established as a natural area with indigenous vegetation and protected sites”.

 

As shown in the attached Plan of Management, Faringdon Fields were dedicated to Council as a public reserve in 1995 as part of the residential subdivision of Marshall Way.  There is no evidence that the classification of the land was ever determined by Council which means that it defaults to a community land classification.  Under the Local Government Act Council is unable to deal with community land except via shorter term leases.

 

The Faringdon Fields have an area of 5.9 hectares and the Plan of Management indicates a long term development plan for the creation of three playing fields with a cycleway, playground and an amenities block.  The amenities block is the only component of the development plan which has been completed.  The fields and the amenities block are shown on the attached aerial photo/cadastral overlay.

 

There is adjoining land to the east of Faringdon Fields and the Link Road being Lot 74 DP 832082 with an area of approximately 3 hectares which is also owned by Council as public reserve.  This land is completely vegetated including a section of likely endangered ecological community being Swamp Schlerophyll Forest.  This land fringes a wetland and could not be used for any other purpose.  Accordingly it is not proposed to include this land in the reclassification.

 

The plan of management makes no reference to the Aboriginal cultural issues which have effectively prevented the use of the land for its intended purpose since its dedication in 1995.  The adjoining sacred initiation site is possibly the most culturally significant Aboriginal site in the Nambucca Valley.  The Gumbaynggirr culture disapproves of women or children visiting or discussing the sacred site or the adjoining land which includes the Faringdon Fields.  For this reason the playing fields have not been able to be used by schools or junior sports teams as to do so would be discriminatory.

 

The problems concerning the use of Faringdon Fields as sporting fields have been the subject of previous motions and reports to Council.

 

In 2007 there was an expression of interest in the use of the Fields by the Nambucca Heads Junior Rugby League Club.  The matter was considered by Council at its meeting on 15 November 2007 and it was resolved that Council invite the Nambucca Heads Local Aboriginal Land Council to attend an onsite meeting with Councillors and staff to discuss possible uses of the Faringdon Fields and the proposal by the Nambucca Heads Junior Rugby League Club.  There is no evidence of a response from the Land Council nor was a meeting ever held.

 

In March 2008, the late Councillor Michael Moran OAM put forward a notice of motion that Faringdon Fields be regenerated as natural bushland.  After some debate it was resolved that the item be deferred in order to look at other options including passive recreation, bio banking etc.

 

In July 2008 the Director of Engineering Services reported on the matter and recommended that:

 

1.       the long term aim be to re-vegetate the Faringdon Fields to return the area to bushland when funding is identified.

 

2.       that clerical assistance be provided to the Nambucca Heads Local Aboriginal Land Council in making an application for Federal Funding to purchase the land under the National Reserve System.

 

3.       That a new Plan of Management be prepared and exhibited.

 

Whilst the recommendation was adopted by Council, no grant funds to purchase the land were forthcoming and a new plan of management was not prepared.

 

In June 2009 Council staff wrote to local soccer and cricket clubs seeking expressions of interest in the use of Faringdon Fields for their respective sports.  No responses were received.

 

The lack of use or interest in the land in the 20 years since its dedication indicates that the social/cultural issues pertaining to its use were not properly considered at the time.  There is no indication that this will change and accordingly the recent recommendation of the Community Facilities and Public Open Space Needs Strategy is supported.  However given the cultural significance of the site it is agreed with the Baga Baga Mens Group that Council should also seek to transfer the land to Aboriginal ownership.  The proposed transfer should occur after the preparation of an agreed master plan showing the re-establishment of natural vegetation; the provision of an adequate asset protection zone for bush fire risk and any other features which are agreed by the Aboriginal community and nearby residents.

 

 

CONSULTATION:

 

The General Manager has met with the Baga Baga Mens Group.  The Baga Baga Mens Group requested that any native bush regeneration of the Faringdon Fields be undertaken by Aboriginal men.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There will be native bush regeneration of a significant area of land.  Based on the vegetation of the adjoining land it is likely that this could in time increase the extent of an endangered ecological community being Swamp Schlerophyll Forest on the Coastal Floodplains of the NSW North Coast.

 

Social

 

The social implications of Faringdon Fields are discussed in the report.

 

Economic

 

There are no significant economic implications.

 

Risk

 

It is likely to be necessary for Council to retain a Section 88 instrument on a section of the fields closest to the houses in Marshall Way to allow for the maintenance of an asset protection zone so as to control the impacts of bush fire on the adjoining houses.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation will result in a loss of land earmarked for active recreation.  However the land has not been used for this purpose since it came into Council’s ownership 20 years ago.  The recent Community Facilities and Open Space Needs Strategy found that the Shire has a high provision of community land for its population size being 22.66 hectares per 1,000 people.  This compares with the accepted standard of 2.8 hectares of public open space per 1,000 persons.

 

The strategy also found that each of the main towns and their rural areas has a good provision of community land that is consistent with their population size.  In addition, the Shire has a very good provision of natural areas and sportsgrounds.  The existing sportsgrounds should have the capacity to meet future population growth.

 

Source of fund and any variance to working funds

 

It is expected that the preparation of a Master Plan for the land could be undertaken for less than $5,000.  It is proposed that this be funded by the Environmental Levy.

 

Service level changes and resourcing/staff implications

 

The transfer of the land will remove Council’s obligations to mow and maintain land which currently has no or very little use.

 

There will be some staff resources required for the consultation and reclassification process.

 

Attachments:

1

3742/2015 - Request for transfer of Faringdon Fields

 

2

15513/2008 - Plan of Management

 

3

4714/2015 - Faringdon Fields PDF

 

  


Ordinary Council Meeting - 26 February 2015

Future Use and Management of Faringdon Fields

 


Ordinary Council Meeting - 26 February 2015

Future Use and Management of Faringdon Fields

 



Ordinary Council Meeting - 26 February 2015

Future Use and Management of Faringdon Fields

 


Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.3      SF1809            260215         Gumma Swamp Event Water Quality Monitoring Study and Recommendations

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with an update on the Gumma Healthy Wetlands project and the results of the water quality sampling recently undertaken. The report recommends Council proceed with a containment strategy to minimise and reduce potential impacts associated with acid sulphate soils.

 

 

Recommendation:

 

1        That Wetland Care, Office of Environment and Heritage and Council present the findings of the report to the local landholders and interested stakeholders.

 

2        That Council pursue the recommended actions for the containment strategy proposed in the Report.

 

3        That unallocated Environmental Levy funds be used to support the project and the General Manager and Mayor be provided with authority to agree to a funding variation with the Office of Environment and Heritage to ensure that the actions proposed in the report can be completed in full.

 

4        That staff and Wetland Care representatives commence discussions with landholders regarding the future management of structures.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

The Gumma Wetland Project is being delivered as a collaborative partnership between WetlandCare Australia, Nambucca Shire Council, and the NSW Office of Environment & Heritage in consultation with 20+ landholders.  The project stalled for some period while we awaited an appropriate rainfall event to trigger water quality monitoring.  The main object of the water quality sampling was determine the nature of Acid Sulphate Soil (ASS) issues on the land

 

The Gumma Water Quality Program triggered at about 4:30am on Wednesday 28 August 2014 after 50mm of rain had fallen in 8 hours overnight.  Over this period a number of samples were collected, the data has since been analysed and recommended future actions have been proposed by our consultant.

 

A figure of the Gumma Swamp and the sampling sites is provided below:

 

 

Some key conclusions of the analysis and discussion are provided below:

 

·      The results show that Circular Swamp (Site 4) has acutely toxic levels of acidity and aluminium in addition to very high concentrations of nitrogen, mostly present as ammonia. Acidity and aluminium concentrations are also outside the guideline values in discharge waters from the main swamp (Site 1) and, to a lesser extent, from the southern-most eastern lateral drain (Site 2). The drain sampled at Site 3, which drains the northern section of the eastern floodplain and swamp, was mostly within the guideline values for acidity, metal concentrations, and nutrients during both dry/non-event periods and the discharge event. As such, this drain is not considered to be a significant contributor to poor water quality discharge into the creek and estuary.

 

·      As a general hypothesis it is likely that during large events, when the river level exceeds 1.5m AHD and the swamp is backfilled by floodwaters, dilution of the swamp discharge waters is likely to reduce its acute toxicity effects. In small to moderate or localised events where back-flooding does not occur, poor water quality discharge is more likely to have a long-term chronic effect on estuary health and estuary based industries such as fishing and aquaculture.

 

·      The high acid and metal concentrations in dry and non-event samples, field observations, and groundwater connectivity tests support the likelihood that surface acid production is an important transport pathway for acid discharge from Circular Swamp.

 

·      The overall objective of management of ASS drainage from wetland systems is to reduce impacts on the receiving environment. In some situations, small-scale changes to floodplain management through manipulating floodgates or partial or complete infilling of drains can be effective to reduce acidic discharge and other impacts associated with metals or nutrients. To date the partial implementation of these management actions in the Gumma Swamp complex have not been successful.

 

An alternative and far more substantive remediation strategy is to contain the acidity in the landscape and thus reduce the export of acid and other contaminants into the environment. Under this management scenario, containment is achieved through re-flooding of the wetlands with freshwater, primarily via the installation of specifically designed in-drain weir structures. The structures must be carefully designed and installed to allow water levels in the swamp to be maintained at a pre-agreed height whilst also preventing saltwater incursion. This can be achieved through the use of hinge gates on the top of the weir structures, set at just above the maximum recorded tidal height. In the Hastings River catchment, this strategy has been effective in increasing the pH of discharge water by 2.5-3 pH units, preventing further pyrite oxidation, reducing groundwater transport of acids, and reversing the key chemical processes responsible for surface acid production (Johnston et al., 2013).

 

·      The ecological recovery of wetland vegetation assemblages is another important benefit of re-flooding under a containment strategy. Improving wetland vegetation and ecosystem functioning will also lead to positive changes to oxygen availability, sediment export and the processing of nutrients in the system.

 

·      In addition, there are potential risks with containment strategies. In wet-managed coastal ASS backswamps, sulphide materials can be reformed at the surface, a process which consumes acidity. However, if water levels drop as a result of drought these minerals can again re-oxidise and release acid and metals on the surface which may then be subsequently washed into the environment. It should be noted though that because the containment strategy effectively inhibits the groundwater acid transport pathway, the main acid export pathway remaining is that of surface water runoff which is far more episodic by nature and less likely to cause regular, acute acid export (Johnston et al., 2013). Increasing the amount of surface organic matter through wise vegetation management can slow evaporation and subsequent oxidation, and provide organic acids to bind the metals and render them less toxic. (Restoring the balance).

 

·      Negotiating acceptable levels for re-flooding of wetlands on private property, determining appropriate heights for structures, the construction and installation of structures on drains, the prevention of saltwater intrusion, the implementation of strategies to encourage dense vegetation growth, and the maintenance of landholder access are issues requiring careful planning.

 

The report recommends we proceed with a containment strategy which includes the following actions:

 

STEP 1: Negotiate (with landholders) an agreed water level for the Circular Swamp wetland.

 

STEP 2: Gather accurate information on the actual heights (AHD) of the

main drainage system elements.

 

STEP 3: Determine the location of points in the levee below 1.2m AHD

 

STEP 4: Determine sites for the installation of hinge-gated weir

Structures.

 

STEP 5: Remove the dilapidated floodgate structure on the main eastern

lateral drain and infill the channel.

 

STEP 6: Implement strategies to encourage dense re-establishment of

wetland and groundcover species in and around Circular Swamp

 

The following figure shows the proposed actions:

 

 

 

The way forward:

 

It is proposed to proceed with the project as per the recommendations in the above steps and target containment of the risk associated with ASS.

 

Project Management and Budget: To date the project has been funded by Wetland Care, Council and OEH, through the Environmental Levy and various subsidies. Each organisation has contributed various skills to the project. Damon Telfar (GECO Environmental) has had a significant technical role in the project and has also built working relationships with many of the landholders. It is proposed to retain the present partnerships, with GECO Environmental contracted to assist in meeting the project deliverables and liason with landholders.

 

It is clear from the recommendations that the delivery of the recommendations in full is required to achieve the containment. The remaining budget is approximately $30,000 which will not deliver all the works proposed in the recommendations. As such, staff have sought a financial variation to our funding contract with OEH in order to fully deliver the project. At this stage we have requested an additional $30,000 to be matched by the Environmental Levy (additional $60,000 total), however we are presently seeking quotes on the proposed structures so these figures may vary.

 

Risk and Responsibility

 

Although the land subject to the proposed improvements is not owned by Council, the potential environmental impacts arising from the issues on the land have the potential to impact on estuary health, local industry and recreational qualities of the river.

 

Council has the following charter under section 8 of the Local Government Act 1993:

 

To properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development.

 

It is considered appropriate that Council continue to administer the program and resolve the issues that are presented.

 

Delivery of project recommendations on private land

 

The Gumma Swamp in full is owned by 20+ landholders on both rural and rural residential land.  The proposed works as shown on the containment strategy plan are located over three properties.  The land of which is used for general rural activities and is zoned RU1 Primary Production; E2 Environmental Protection (SEPP 14 Wetland) and E3 Environmental Management. Parts of the swamp are mapped as Endangered Ecological Communities and all the land is considered to be affected by a 1 in 100 year flood.

 

To focus on the recommendations contained in the report the following strategies are available to commence discussions with the land holders in regards to the installation and ongoing management of the proposed structures:

 

·   Acquisition of the land from funds made available by government agencies and the Environmental Levy. Discussions with key stakeholders will determine where funding opportunities may be available.

 

·   Easements over land between Council and landowners to enable the access to and ongoing maintenance of the structures.

 

·   Development offsets where sites have potential to provide a net benefit to the community. For example, in the Cattai Wetlands and Big Swamp (Taree) projects lots were subdivided below current permitted lot sizes as a large portion of the site was provided for community purposes – there was a net benefit to the community.

 

In the long term there other strategies that could be considered for the broader swamp area including the following:

 

·   Property Vegetation Plans (PVP) which are a voluntary, legally binding agreement between a landholder and the local Catchment Management Authority (CMA). A PVP once agreed to would restrict the use of the land in exchange for a cash payment for the ongoing maintenance of the land.

 

·   Offset for other development in the region – Wetland Care, OEH and Staff have presented a package to the Roads and Maritime Services to consider the potential acquisition of the Gumma Swamp area to offset the Pacific Highway upgrade works.

 

·   Target the project for additional grant funding. The Big Swamp project in Taree received 2 million dollars in grant funds through the environmental trust to acquire over 700HA of land and manage a similar acid issue as well as provided facilities to support education and tourism.

 

Planning Requirements

 

The majority of proposed works are exempt development under the Provisions of SEPP Infrastructure 2007. The installation of the hinge gate weir and minor infill at points 3 and 5 on the containment strategy will require development consent as they are located with the SEPP 14 Wetland boundary. Concurrence of the Director General will be required for these works –support documentation will largely be reliant on the investigations already undertaken.

 

Land holder consent will be required to lodge the development application.  The DA could be avoided if Council were to issue a notice or order on the landholder to do the work, which Council would then undertake on the landholders behalf.

 

Consent from the Crown will also be required for any works within the mapped main channel.

 

Other permits may be required from agencies such as Fisheries this will be considered as the information is prepared.

 

 

CONSULTATION:

 

Office of Environment and Heritage

Wetland Care Australia

General Manager

Manager Planning and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Risks to the environment have been identified in the Gumma Swamp area.  This report recommends that Council collaborate with other government agencies and landholders to rectify the issue.

 

Social

 

The report recommends that action be taken to rectify environmental issues that may impact on recreational uses of the Nambucca River.

 

Economic

 

The report recommends that action be taken to rectify environmental issues that may impact on industries that use the Nambucca River such as the local Oyster industries.

 

Risk

 

The risk of impacts to the Nambucca River are high if  no action is taken in regards to the management of the acid sulphate soils issue.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project is presently funded through Wetland Care, Council and OEH. Councils contribution comes from the Environmental Levy.

 

Source of fund and any variance to working funds

 

The proposed funding variance will come from Unallocated Environmental Levy funds.

 

Service level changes and resourcing/staff implications

 

NIL, staff are presently relying on the expertise of a number of other persons including contractors; Wetland care staff and OEH staff to ensure the program achieves positive results. Additional Council staff time will be required as discussions commence with landholders regarding the proposed structures.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.4      SF1148            260215         Council Ranger's Report January 2015

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council’s casual Ranger’s report regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s casual Ranger for January 2015.

 

Recommendation:

 

That the Council’s casual Ranger’s report for January 2015 be received and noted by Council.

 

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

 

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

         0

5

Returned to Owner

0

1

Transferred to - Council's Facility from Seizure Activities

0

4

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

 

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

0

0

Abandoned or Stray

0

5

Surrendered

0

0

Animals transferred from Seizure Activities

1

4

Total Incoming Animals

1

9

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

 

Released to Owners

0

5

Sold

0

1

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

0

Unable to be rehomed

0

0

Total Euthanased

1

0

Total Outgoing Animals

0

6

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

0

3

 


 

January 2015

PARKING & OTHER

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AJJ 18L

3106925755

No angle park as on parking control sign

104.00

29.01.15

 

 

TOTAL VALUE OF PENALTIES:

104.00

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.5      RF275              260215         Bellingen-Bowraville Road

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received the attached letter from the Roads and Maritime Services (RMS) offering “as a guide” up to $1m for environmental works associated with the road closure.  The funding can also be used for the construction of an access trail.  Roads and Maritime will make available initial funds for scoping and estimation work associated this expenditure.  Council will need to liaise with the National Parks and Wildlife Service as to their requirements for environmental work and access.  Liaison will also be required with State Forests and the Rural Fire Service.

 

 

Recommendation:

 

1        That Council proceed with undertaking environmental works and the provision of an access trail on the southern section of Bellingen Road as per the offer from Roads and Maritime Services in their letter dated 10 February 2015.

 

2        That Council liaise with the National Parks and Wildlife Service, Forests NSW and the Rural Fire Service in relation to their requirements and the intended work.

 

 

OPTIONS:

 

Council has the option of not undertaking any work.

 

 

DISCUSSION:

 

Council has received the attached letter from the Roads and Maritime Services (RMS) offering “as a guide” up to $1m for environmental works associated with the road closure.  The funding can also be used for the construction of an access trail.  Roads and Maritime will make available initial funds for scoping and estimation work associated this expenditure.  Council will need to liaise with the National Parks and Wildlife Service as to their requirements for environmental work and access.  Liaison will also be required with State Forests and the Rural Fire Service.

 

The RMS’s letter refers to their letter of 16 August 2013 advising that they were prepared to commit funding for council to prepare estimates for the closure of the road and the provision of an access trail.  However their letter of 16 August 2013 made no reference to the RMS meeting the significant costs of preparing estimates for this work and this was queried in a response to the RMS in a letter from Council dated 27 August 2013.  This RMS then responded in September 2013 advising that they agreed to Council’s request for funding to prepare the estimates and that an RMS Maintenance Support Officer would contact council staff to facilitate the allocation of the necessary funding.  There is no evidence on Council’s file that anything further occurred until an RMS officer met with the Assistant General Manager Engineering Services in October 2014.

 

The following summarises the issue to date:

 

1880’s          The Bellingen to Bowraville Road was constructed as a bridle trail to link the two towns.

 

2009            In February and March, major rain events resulted in a series of landslides which destroyed sections of the road at its northern and southern ends.  At the time the road was classified as a regional road which attracted additional maintenance funding from the RMS.

 

2009            In September the RTA agrees to fund the preparation of an options report for the repair of the Bellingen to Bowraville Road.

 

2010            In August, after extensive consultation, the options report for the repair of the road was completed by consultants GHD.  The GHD report examines 7 options covering all feasible possibilities ranging from repairing the road on its current alignment, building the road on another alignment to closing the road and purchasing the private properties which would not have access.  The RTA proposes the engagement of a consultant to complete the survey and detailed design for the restoration of the northern section and that a Value Management Workshop process be utilised to make a recommendation concerning the southern damaged section of the road.  Council agrees to the Value Management Workshop.

 

2011            In January, the Member for Oxley, Andrew Stoner MP issued a media statement appealing to the NSW Government to take immediate action to ensure natural disaster funding is made available to restore the Bowraville-Bellingen Road.

 

2011            On 20 January 2011, the outcome of the Value Management Workshop was reported to Council.  The workshop concluded that Option 1 being the full restoration of both the southern and northern zones was the superior option in terms of the assessment criteria and also provided the best value quotient (evaluation score divided by the cost).  As a consequence a Natural Disaster funding claim was then submitted to the RTA for the restoration of the southern zone.

 

2011            On 18 February 2011 the Council wrote to the RMS seeking advice on the progress of the Natural Disaster claim lodged six weeks earlier.

 

2011            On 3 March a Mayoral minute to the Council meeting was adopted.  The resolution was that Council write to the NSW Minister for Roads requesting an immediate decision on Council’s claim for Natural Disaster Funding to restore the Bellingen/Bowraville Road to its condition prior to the February and March 2009 flood events.

 

2011            On 7 March the Roads Minister, David Borger, announced that $10m funding had been secured for the repair of the northern section of the road.  The Minister said that, “with regard to the southern section, which lies within the Nambucca Council area, the Roads and Traffic Authority will undertake further assessment into the value of providing the additional $16 million funding for this section.”

 

2011            In August Council made further representations to its local member and Deputy Premier seeking a decision on the repair of the southern section of the road.

 

2011            On 22 November Council received a letter from the Hon. Duncan Gay, Minister for Roads and Ports in response to representations from the Hon. Andrew Stoner.  Minister Gay advised that a decision on the southern section of the road will not be made until after the repairs of the northern section are completed.  He also said that, “alternative access via better, faster and safer roads, is available via the Waterfall Way and the Pacific Highway…”

 

2012            There were further representations by Council in March and May 2012.

 

2012            In a letter dated 21 August 2012, the RMS advised Council that the restoration of the southern section of the Bellingen Road is not supported by the RMS unless work is undertaken by Council to mitigate the risk of future land slips.  The nominated mitigation work included drainage upgrades at all gullies; engineered causeways; drainage upgrades; down slope scour protection; lining of drainage gullies; armoured road shoulders; rock bolting, soil nailing and shotcrete work on upslopes.  The funding which Council would need to commit to undertake the specified mitigation work would be many millions of dollars.  The RMS was aware that the required funding would be beyond Council’s budget.  The RMS advise they would still commit up to $1m towards environmental restoration works, as agreed with NPWS.

 

2013            In January it was reported to Council that Bellingen Shire Council had accepted a tender for the restoration of the northern end of the road for the sum of $2.99m.  The original indicative cost for the northern section provided by GHD was $5.9m with a 30% contingency or $6.6m with a 50% contingency.  Council had been advised that $10m had been allocated to the repair of the northern section of the road.  Given the very favourable outcome of the tender, it was questioned whether the $16m estimated for the southern section was an over estimate.  For example, if a tender for the southern section came in at half that original cost (as the northern section did), the whole road could be reinstated for $11m, and not the $22m originally estimated.  It was noted that the RMS had already made provision for an expenditure of $10m.  It was also noted that as the natural disasters occurred whilst the road was classified as a regional road, the RTA was equally liable for the betterment that they now seek to impose on Council.  Council resolved to make further representations to the RMS for them to investigate the cost of restoring the southern section of the road based on the lower than anticipated tender price for the northern section.

 

2013            In July the RMS responded to Council’s representations acknowledging the road’s status as a regional road at the time of the damage, but that “in terms of ownership and responsibility for the road,… that there is no difference between Regional and Local roads in this respect… Regional Roads are the responsibility of councils to fund, determine priorities and carry out works.  They are capitalised as a council asset.”  As per previous advice the RMS confirmed that support for the restoration of the road will depend on a commitment of Council to simultaneously undertaken mitigation works, at its cost, to protect the investment through reduction of the risk of future landslips.

 

2013            In response to the RMS confirming their position that Council would have to fund the mitigation works to the southern section, the Council resolved at their meeting on 31 July to request that the RMS consider providing Natural Disaster funding for the provision of a bicycle/walking/horse riding trail in lieu of reinstating a trafficable road.  It was suggested that such a trail be incorporated into environmental restoration works that were recommended by GHD.

 

This Council’s preference and the local community’s preference has always been for the restoration of the road as per normal Natural Disaster funding arrangements and the outcome of the agreed Value Management Workshop.  Despite years of lobbying this outcome has not been forthcoming.  In the circumstances it is recommended that Council staff now proceed in implementing the attached offer from the RMS.

 

 

CONSULTATION:

 

There has been consultation with the Assistant General Manager Engineering Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The implications for the environment have been previously reported and were considered in the Value Management Workshop.

 

Social

 

The social implications have been previously reported on and were considered in the Value Management Workshop.

 

Economic

 

The economic implications have been previously reported on and were considered in the Value Management Workshop.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The agreed work will need to be costed and included in Council’s budget (both revenue and expense).

 

Source of fund and any variance to working funds

 

There will be no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be staffing resources required to liaise with NPWS and manage a contract or day labour to undertake the agreed work.

 

 

Attachments:

1

4603/2015 - RMS advice regarding funding for closure of southern section

 

  


Ordinary Council Meeting - 26 February 2015

Bellingen-Bowraville Road

 



Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.6      SF2038            260215         2015 January - 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 January 2015 as at 18 February 2015.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for January 2015 be noted and received for information by Council.

 

 

Attachments:

1

5131/2015 - 2015 January - Construction Certificates and Complying Developments Approved

 

  


Ordinary Council Meeting - 26 February 2015

2015 January - Construction And Complying Development Certificates Approved

 




Ordinary Council Meeting                                                                                              26 February 2015

General Manager's Report

ITEM 9.7      SF2038            260215         2015 January - 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 January 2015 as at 18 January 2015.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in January 2015 be received for information.

 

 

Attachments:

1

5123/2015 - 2015 January - Development Applications and Complying Development Applications Received

 

  


Ordinary Council Meeting - 26 February 2015

2015 January - Development and Complying Development Applications Received

 


 


Ordinary Council Meeting                                                                                              26 February 2015

Corporate Services

ITEM 10.1    SF251              260215         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

Access Committee

24/02/2015

Council Chambers

2.00 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

 

Note:                Argents Hill in September

                         Eungai Creek in October

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF588              260215         Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 16 September 2014

 

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

 

Summary:

 

The Nambucca District Historical Society held its Annual General Meeting on 16 September 2014 – a copy of the minutes and the Treasurer’s reports are attached

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 16 September 2014.

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Nambucca District Historical Society Committee of Management was held on 16 September 2014

 

The Committee of Management for 2014/2015 comprises:

 

          President                        Beverly Gibbs

          (2) Vice Presidents          Clyde Piggott and George Micolich

          Secretary                        Jenny Balangarry

          Treasurer                         June Mathews

 

 

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

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are no financial implications.

 

Source of fund and any variance to working funds

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

 

Attachments:

1

2957/2015 - Minutes of AGM

 

2

4183/2015 - Treasurers Report August 2014 to December 2014

 

  


Ordinary Council Meeting - 26 February 2015

Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 16 September 2014

 



Ordinary Council Meeting - 26 February 2015

Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 16 September 2014

 


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF327              260215         Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 10 February 2015

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Nambucca District Band Committee of Management and the new Committee.  Copies of the minutes of this meeting and financial statement are attached.

 

 

Recommendation:

 

That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 10 February 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

There are options available to Council in relation to the contribution it makes to the Band.  Council also has the option as to whether the Band is a Committee of Management or not under Section 355.

 

 

DISCUSSION:

 

The Annual General Meeting of the Nambucca District Band Committee of Management was held on Tuesday 10 February 2015.

 

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

 

          President                        Joanne Waller

          Vice President                 Andrew Morian

          Secretary                        Jemma Burtonwood

          Treasurer                         Doug Smith

          Musical Director              Ian Flarrety

          Assist Musical Director    Norm Sims

          Wardrobe/Instru Officer   Ian and Ruth Flarrety

          Music Librarian                Ian Flarrety and Norm Sims

          Band Sergeant                Mal Ray

          Drum Major                     Jane Rayner

          Publicity Officer              Alan Marsh

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

Attachments:

1

4033/2015 - Annual General Meeting - 10 February 2015 - Nambucca District Band

 

  


Ordinary Council Meeting - 26 February 2015

Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 10 February 2015

 


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF329              260215         Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 23 October 2014

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Crosswinds Wetlands Nature reserve Committee of Management and the new Committee.  Copies of the Minutes of this meeting are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 23 October 2014 and thank the Committee for 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 Crosswinds Wetlands Nature Reserve Committee of Management was held on 23 October 2014.

 

The Committee of Management for 2013/2014 comprises:

 

          Chairperson                    Bob Young

          Vice Chairperson             Frank Stennett

          Secretary/Treasurer          Tony Brooks

          Assistant Secretary         Margaret Young

          Tree Warden          Toby Miles

          Publicity Officer              Tony Brooks

          Water Spokesman           Nick Schenken

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1

4421/2015 - AGM Minutes 23 October 2014

 

  


Ordinary Council Meeting - 26 February 2015

Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 23 October 2014

 


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF342              260215         Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 9 February 2015

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Valla Beach Tennis Courts Committee of Management which was held on 9 February 2015 and the new Committee.  A copy of the minutes, including the Treasurer’s report is attached.

 

 

Recommendation:

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 9 February 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Tennis Club Committee of Management was held on Monday 9 February 2015.

 

The Committee of Management for the ensuing year 2015/2016 consists of the following Office Bearers:

 

          President                        Ron Henderson

          Vice President                 Graham Jones

          Secretary                        Carole Andersen

          Treasurer                         Tony Davis

          Membership Secretary     Bruce Andersen

          Committee Members       Jeff Thompson, Gary Cattanach

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.


Economic

 

There are no economic implications.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

 

Attachments:

1

4774/2015 - Minutes of AGM held 9 February 2015

 

  


Ordinary Council Meeting - 26 February 2015

Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 9 February 2015

 








Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Corporate Services Report

ITEM 10.6    SF1998            260215         December 2014 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2014/15 to a deficit of $304,100 and varies Current Liquid Equity to $2,727,500, a decline of $274,900 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,300,000 above the minimum level as per Council’s policy.

 

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

 

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

 

Sewerage Services:       This review revises the net operating result for 2014/15 to a deficit of $8,500 and varies Current Liquid Equity to $1,185,200, an improvement of $5,500 to the Original Budget.

 

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

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report.

 

On page 5 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2014/15 year as at the 31 December 2014.

 

Also on page 5 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 6-10 of the budget review document.

 

 

 

Recommendation:

 

1        That the budget review for the quarter ended 31 December, 2014 be received.

 

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

 

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated current liquid equity surplus is $2,727,500 inclusive of internal loans.

 

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

 

The September review revised the result for 2014/15 to a net operating deficit of $298,000 a decline of $268,800.

 

A slight decline of $6,100 is forecast with this review.

 

As reported by AGMES at this meeting, Touts Bridge is over budget and a variance of $101,000 has been made with this review. Offsetting this variance slightly is savings associated with Sinclairs Bridge of $23,000.

 

There have been a number of other favourable variances included with this review. Notable was premium rebates for Property and Public Liability requiring a variance of $25,000. A variance is also required to reduce the contribution to the Rural Fire Service after advice on 2014/15 allocations was received.

 

Other items although not impacting on the result but warranting note are, the outstanding flood damage works and associated subsidy and the Macksville Fun & Fitness Precinct Project with Sect. 94 funding being Council’s budgeted contribution.

 

It should also be noted that no variance was required for the revised model for ranger services after the departure of Council’s two rangers meaning budgeted expenditure will remain within the current year’s allocation. Also Council should expect savings in salaries and wages due to the annual pay increase of the new Local Government (State) Award being 2.6%. Council’s original budget was based on 3.25%.

 

WATER SUPPLIES

 

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

 

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

 

The September review revised the result for 2014/15 to a net operating deficit of $51,600 a decline of $42,100.

 

This review does not forecast a change to this result.

 

Other than an adjustment to Sect. 64 contributions and associated transfer to the reserve there were no variations with this review.

 

SEWERAGE SERVICES

 

Sewerage Services estimated current liquid equity surplus is $1,185,200.

 

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

 

The September review revised the result for 2014/15 to a net operating deficit of $23,500, a decline of $9,500.

 

This review sees an improvement of $15,000.

 

The $15,000 improvement relates to income received for additional connections. It should also be noted that both Sewerage and Trade Waste Usage consumption were overestimated and that a variance of $25,000 and $30,000 have been included. These variances are offset by transfer from the consumption revenue surplus reserve. As with Water, an adjustment to Sect. 64 contributions and associated transfer to the reserve are included with this review.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676            260215         Capital Works Report - December 2014

 

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

 

Summary:

 

This report provides Council with a quarterly report on the Capital Works Program for the second quarter of the 2014/2015 financial year.

 

 

Recommendation:

 

1        That the Capital Works Report for the second quarter of the 2014/15 financial ending 31 December 2014 be received and noted.

 

2        That the proposed variations be endorsed and included in the December 2014 budget review.

 

3        That Council defer the construction of Peterkin’s Bridge ($182,000.00) and reallocate the funding to Purcells Bridge on Rhones Creek Road ($85,000.00) with the $97,0000 difference in the cost being allocated as follows:

 

a)    $33,000.00 to the over expenditure on Tout’s bridge

b)    $50,000.00 allocated onto Bakers Creek Bridge to cover the cost of the detour side track.

c)    $14,000.00 placed in the bridge reserve

 

4        That the $85,000.00 allocated for Rehabilitation of Lower Parks Street be reallocated to another rehabilitation project identified in the asset management plan for capital urban works.

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

The Capital Works report is presented for the period ending 31 December 2014:

 

Comments from Assistant General Manager Engineering Services:

 

Second quarter review of the 2014/15 financial year:

 

I am pleased to report that the 2014/15 capital works program is substantially in progress. This current review reflects the second quarter of the 2014/15 financial year

 

Disposal of Council owned surplus materials

 

There has not been any disposal of surplus material this quarter.

 

Council staff has been instructed that surplus material will not be sold to the general public, as the disposal of any surplus equipment or materials must be sold in a safe condition and must comply with Work Health and Safety requirements and Workcover Code of Practice. 

 


Riverside Drive rehabilitation project

 

Council would recall that the contract for the first section of Riverside Drive was awarded by Council and the Contractors are scheduled to commence mid to late February with a completion date at the end of August. Tenders have been called and are currently being evaluated for the second section adjacent to Piggott Street.

 

Bridge program

 

Tout’s Bridge - Council’s attention was drawn to an over expenditure on the Construction of Touts Bridge in the September QBR. Part of the expenditure was to be offset with savings within Sinclair’s bridge and proposed working funds (Council allocated $68000.00 funded from $23,000.00 from savings in Sinclair’s bridge and $45,000.00 from working funds and it was anticipated that there would be other savings within the bridge program works as they progress and predicted dry weather).

 

As previously reported to Council in the September QBR the over expenditure is attributed to extensive works required with the foundation of the bridge. It was assumed, like most other timber bridges of its age, the piles were potted into the river bed. When the bridge was dismantled it revealed that the piles had been constructed on timber sill logs due to the rock layer being approximately 0.75m below the surface and a substantial concrete base was engineered to place the piles on.

 

The project is now completed and at the September QBR there were a number of outstanding accounts that had not been brought to account, as well as work on the removal of the side track used to access the southern bank. The final cost of the bridge structure was $101,000.00 over the original budget.

 

Peterkin’s Bridge - Is in this financial year’s budget for replacement ($182,000). There was remedial deck and girder work undertaken on Peterkin’s Bridge located on the Upper Warrell Creek Road last financial year to maintain a safe passage and prolong the structure life until its replacement. As part of the quality assurance program being implemented into the works program a preconstruction inspection undertaken by staff has determined that the work has extended the life of the bridge and it is recommended to defer the replacement of the bridge within the program with either another bridge structure and/or place the funding into the bridge reserve. The suggested bridge replacement is Purcells Bridge located on Rhones Creek Road

 

Asset records show that the bridge was constructed in 1935. Bringing this bridge forward in the program would require the existing bridge to be written off a year earlier than planned. The effect of this would be minimal in the financial records (current written down value is $885.24) as there would only be 1 year of depreciation remaining and the bridge was depreciated over 80yrs, Council’s Manager Assets suspects that there may have been a rehabilitation at some time as 80yrs is long life span for a timber bridge.

 

Peterkins Bridge is in this financial year’s budget ($182,000). Records indicate that it was constructed in 1983. By deferring the reconstruction and pushing Peterkins Bridge out an additional 5 years will have a benefit to Council with respect to depreciation. Peterkins Bridge has a current written down value of $52,172.48 which would require writing off this year after the works were completed. By pushing the reconstruction out, Council can spread the depreciation over a 5 year period, and increase from $ 2454.88 to $10,434.50. Council’s Manager Assets can correct this in the current year’s revaluation of assets, which would mean the depreciation would be applied over the intended life of the bridge (37 years) to 2020 which currently has no bridges scheduled for replacement.

 

Bakers Creek Bridge - is in this financial year’s budget ($415,000) for reconstruction. On review of the traffic management plan and consultation with transport entities, additional work will be required for a detour which was not allocated in the original budget allocation as it was anticipated a standard detour could have been constructed.

 

It is recommended to use the funding saved from the deferral of the Peterkins Bridge to offset the cost with little impact to the current budget using the funds made available in the 2014/15 budget allocation for bridges.

 


Lower Parkes Street rehabilitation

 

Lower Parkes Street was subject to a natural disaster claim to reinstate the bottom side bank slip. Council allocated $85,000.00 in the 2014/15 budget to the project to match any works that were not covered under the funding parameters. The scope of works undertaken was covered within the funding provided and it is now recommended to reallocate the $ 85,000.00 to another urban rehabilitation project identified in the Asset Management Plan for capital works.

 

Flood damage program

 

The funding for the flood damage restoration works are to be completed by 30 June 2015. The attached spread sheet indicates an amount of $ 3,423,529.88 remaining. The majority of this funding is associated with tenders currently being called or evaluated. There has been some delay associated with having final designs approved from the RMS in connection with compliance with the funding guidelines.

 

Work Orders 2313 to 2320 are works being performed by Council day labour.

 

Macksville Park “Fun & Fitness” Project

 

Work is proceeding to schedule with the project to be completed by December 2015 as per the grant conditions. A cash flow has been included in the budget over the 2014/15 and 2015/16 financial years

 

Fitness Trails and landscaping are currently under construction

 

Skate Park - substantial consultation with the stakeholders/community groups has been undertaken and a design option agreed upon.  The consultant engaged to undertake the design has now provided the design and specifications and the tender is ready to be advertised.

 

Community Recreation Room - substantial consultation with the YMCA has been undertaken and a design of the new building is imminent.  Once the design and specifications have been provided the tender will be advertised

 

Lighting of the oval It appears that the power supply to this area is inadequate for the provision of the lighting, and a design and quote to upgrade the power source is in progress. The design and specifications are currently with a consultant and once they are received tenders will be advertised.

 

Comments from Manager Infrastructure Services on civil works:

 

This report reflects the second quarter of the 2014/15 financial year with a very favourable outlook on the completion of the annual program.

 

Substantial fill is being placed at the Valla Road site and the works are progressing in conjunction with other road works The rural heavy patching program has been completed and majority of the urban program completed. The majority of the annual reseal program has been completed with some minor works to be completed in February/March when favourable weather returns.

 

DESCRIPTION

COMMENTS

CARRYOVER

EXPENDITURE

$ VARIATION

Construction of Touts Bridge

Construction of the new bridge commenced in June 2014. All bridge components comprising of deck ,girders and piles were booked out and onsite however construction being labour, plant  and concrete footing costs were carried over into  2014/15

$144,621.00

$245,581.70

$101,000.00

Additional $33,000 required funded from the deferral of Peterkins Bridge allocation (Council previously allocated + $68000.00 Funded $23,000.00 from Sinclair’s bridge $45,000.00 Working funds)

 

Construction of Peterkins Bridge ($182,000).

Deferral of the bridge following maintenance undertaken on the bridge which has prolonged the life span. The deferral has a positive effect for Council on the depreciation value. Deferral also assists in the depreciation value of Councils assets.

Nil

$182,000.00)

-$182,000.00

Purcells Bridge

Scheduled for replacement in 2015/16 financial year, bring the project forward has minimal impact on the depreciation value of Council’s assets

Nil

$85,000.00

+$85,000.00

Bakers Creek Bridge

Additional work required to provide a detour access whilst works are in progress

Nil

$465,000.00

+ $50,000.00

Lower Parks Street

Council allocated $85,000.00 in the 2014/15 budget to the project to match any works that were not covered under the funding parameters.

Nil

Nil

-$85.000.00

Urban Street Rehabilitation

Reallocate the $85,000.00 to another urban rehabilitation project identified in the asset management plan for capital works

Nil

Nil

+$85,000.00

 

Comments from Manager Assets on plant replacement:

 

Sale of plant - The following plant has been disposed as per the plant replacement program:

 

·      Plant No 5205 - CAT 12 Grader sold at public auction

·      Plant No 5725 - Toyota Corolla sold at public auction

 

A light vehicle is scheduled to be transferred back to Toyota as its lease expires in April and a replacement vehicle will purchased in accordance with the budget allocation.

 

Due to an internal review of positions in progress and ongoing productivity review, the Rangers Toyota HiAce Van is currently being utilised by the Store. The insurance money received for the stores utility, previously reported as being written-off (September QBR) the budget allocation for the replacement of this utility, will go back into the plant reserves and offset costs for the purchase of the Bridge truck and Parks and Gardens Truck.

 

With the proceeds of the sale of the grader, Council will now purchase the slip on Water Cart and the remainder of the money received from the sale will be placed into the plant reserve to go towards the purchase of a smooth drum roller in the draft 2015/16 budget. These items of plant are part of the continuous improvement of the grading services.

 

The Safety Barrier identified in this financial year are being sourced and will be purchased in the next quarter.

Comments from Manager Water and Sewerage:

 

There are no variations proposed for the December 2014/15 Budget review.  However at this time it should be noted that a risk to increases within the budgets for the Off River Storage Project (W 2012) and Off River Storage Land Matters (W 1810) has been identified.

 

The main reasons for the variation in the Off River Storage construction budget are the extended contractor period, final negotiation of variation amounts, the need for additional water quality monitoring equipment and the construction of survey pillars.

 

Offers of compensation have been made to all bar one of the landowners affected by the easements and acquisitions associated with the Off River Storage project.  However settlement of the compensation payments is proving difficult and is taking a lot longer than anticipated.  For this reason there is likely to be a carry over into the 2015/16 budget

 

ITEM

DESCRIPTION

COMMENTS

VARIATION

CARRYOVER

W1

Telemetry Equipment Water (W1918)

Higher than expected involvement of Council staff in the installation of new SCADA and telemetry equipment

$6,000

 

W2

Off River Storage (W2012)

Commissioning costs will be included in the 2015/16 budget.

$300,000

 

W3

Storage Land Matters (W1810)

Existing budget is likely to cover offers as they now stand and any variation will be dependent on how negotiations proceed.  A carry over will definitely be required for 2015/16 budget.

 

 

 

Comments from Waste Management Officer:

 

There are no capital works to report in this period.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

There are no environmental issues associated with this report.

 

Social

There are no social issues associated with this report.

 

Economic

There are no economic issues associated with this report.

 

Risk

There is no risk issues associated with this report.

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is direct impact on the budget with the over expenditure on Touts Bridge which will be met through savings within the bridge replacement program and working funds.

 

Source of fund and any variance to working funds

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

There are no changes to service levels or implications to resourcing or staff.

 

SUMMARY CAPITAL WORKS REPORT – SEPTEMBER 2014

 

 

Attachments:

1

4840/2015 - Attachment 1 - Flood Damage Expenditure for December 2014 QBR

 

2

5083/2015 - Attachment 2 - Capital Works Report QBR 2 December 2014 quarter

 

3

5129/2015 - Attachment 3 - Macksville Fun and Fitness Precinct Project - QBR

 

  


Ordinary Council Meeting - 26 February 2015

Capital Works Report - December 2014

 


Ordinary Council Meeting - 26 February 2015

Capital Works Report - December 2014

 


Ordinary Council Meeting - 26 February 2015

Capital Works Report - December 2014

 


Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF85                260215         NSW Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 – Service Level Agreement 2015

 

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

 

Summary:

 

The NSW Rural Fire Service, Lower North Coast Zone, Liaison Committee met on Wednesday 11 February 2015.  This report provides Council with an overview of the activities of the RFS for the third quarter.

 

 

Recommendation:

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2014/2015 held on Wednesday 11 February 2015.

 

 

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 Wednesday 11 February 2015 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.

 

Presentation of National Awards

 

Four volunteers from the Nambucca Shire brigades will be presented with RFS National awards on Sunday 22 March 2015

 

SLA Business Plan/Quarterly Performance Report

 

The RFS Zone Manager presented the quarterly performance report 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 orange at risk of not being achieved or behind target).

 

Financial Report

 

The Zone Manager, RFS Lower North Coast Zone presented the expenditure for the Service for the period ending January 2015 for the Nambucca Shire Council. The final expenditure for the fourth quarter period will be reported in May with any forecast of savings within the budget. It is anticipated that the expenditure will be under budget attributed to low fire activity and wet weather conditions across the Shire.

 

In accordance with Council adopted resolution any under expenditure at the end of the financial year will be placed into a RFS reserve for instances where there are budget over runs due to fire activity or used toward supplementing the purchase of fire assets,

 

Operational Report

 

Nambucca - There has been total of 148 incidents across the Nambucca Local Government Areas

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

71

33

 

 

104

Fire & Rescue

18

7

 

 

25

National Parks

1

1

 

 

2

Forest Corp

2

3

 

 

5

Police

2

8

 

 

10

Ambulance

2

-

 

 

2

SES

-

-

 

 

-

Total

96

52

 

 

148

 

Kempsey - There has been total of 391 incidents across the Kempsey Local Government Areas

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

133

83

 

 

216

Fire & Rescue

94

55

 

 

149

National Parks

4

2

 

 

6

Forest Corp

1

2

 

 

3

Police

6

9

 

 

15

Ambulance

-

2

 

 

2

SES

-

-

 

 

-

Total

238

153

 

 

391

 

Total Lower North Coast - There has been total of 539 incidents across the two Local Government Areas

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

204

116

 

 

320

Fire & Rescue

112

62

 

 

174

National Parks

5

3

 

 

8

Forest Corp

3

5

 

 

8

Police

8

17

 

 

25

Ambulance

2

2

 

 

4

SES

-

-

 

 

-

Total

334

205

 

 

539

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

71

33

 

 

104

Fire & Rescue

18

7

 

 

25

National Parks

1

1

 

 

2

Forest Corp

2

3

 

 

5

Police

2

8

 

 

10

Ambulance

2

-

 

 

2

SES

-

-

 

 

-

Total

96

52

 

 

148

 

Liaison Committee meeting

 

The next Liaison Committee meeting is scheduled 13 May 2015 at Kempsey Fire Control Centre

 

 

CONSULTATION:

 

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 2013/14 budget incorporated the RFS contribution.

 

Source of fund and any variance to working funds

 

There is anticipated variation to working funds attributed to under expenditure which will be reported at the May SLA meeting and a recommendation to place and savings into the RFS reserve.

 

 

Attachments:

1

4868/2015 - Minutes of the NSW RFS Service Level Agreement meeting - 11th February 2015

 

2

4869/2015 - NSW RFS - Lower North Coast Business Plan 2014-15 Q2 SLA

 

  


Ordinary Council Meeting - 26 February 2015

NSW Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 – Service Level Agreement 2015

 

 

MINUTES OF LOWER NORTH COAST (LNC) SERVICE LEVEL AGREEMENT (SLA) LIAISON COMMITTEE MEETING WITH KEMPSEY & NAMBUCCA SHIRE COUNCILS HELD WEDNESDAY, 11th FEBRUARY 2015 AT NAMBUCCA EMERGENCY OPERATION CENTRE (NEOC)

 

 

 

PRESENT

Cr Bruce Morris             Councillor, Kempsey Shire Council (Chair)

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

Narelle Jones                   RFS – Lower North Coast Zone

 

Meeting commenced 0910hr.

1.       WELCOME

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

2.       APOLOGIES

            Cr John Ainsworth      Councillor, Nambucca Shire Council

            Paul Bourne                NSW Rural Fire Service – Kempsey Brigade Volunteer

Wayne Leader            RFS - Lower North Coast Zone

3.         PREVIOUS MINUTES

Recommendation: Minutes of the meeting held 12th November 2014 be accepted.

Moved: Paul Gallagher                       Seconded: Darryl Lang     Motion Carried

4.       BUSINESS ARISING

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.

Lachlann has written request, but received no reply.  Lachlann to follow up.

Moved: Bruce Morris        Seconded: Kathy Oliver        Motion Carried

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.  Bruce Morris asked if a column could be added with the total of the equivalent of the previous year.

Moved: Kathy Oliver    Seconded: Paul Gallagher    Motion Carried

c/    Financial Reports – Q2

·    Kempsey and Nambucca financial report review general discussion.

d/    2015/16 Budgets

·    Lachlann met with Kempsey and Nambucca Councils on Thursday 29th January 2015.

·    Kempsey Council agreed to fund the renovations for Kempsey Fire Control Centre, Temagog Station over-spend plus the replacement of one Cat 9 (Yarrahapinni / Stuarts Point).

·    Nambucca Council are still to confirm their agreement.

·    Both Councils have requested a five to ten year capital works plan, for stations and trucks. 

6.       GENERAL BUSINESS

·    Award ceremony – Sunday 22nd February 2015.

·    Future SLA meeting start time changed to start at 0930.

7.       DATE AND TIME FOR NEXT MEETING

·    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 0935 hours

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Operational Summary – 2014/15

 

Nambucca

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

71

33

 

 

104

Fire & Rescue

18

7

 

 

25

National Parks

1

1

 

 

2

Forest Corp

2

3

 

 

5

Police

2

8

 

 

10

Ambulance

2

-

 

 

2

SES

-

-

 

 

-

Total

96

52

 

 

148

 

 

Kempsey

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

133

83

 

 

216

Fire & Rescue

94

55

 

 

149

National Parks

4

2

 

 

6

Forest Corp

1

2

 

 

3

Police

6

9

 

 

15

Ambulance

-

2

 

 

2

SES

-

-

 

 

-

Total

238

153

 

 

391

 

 

Total Lower North Coast

 

Lead Agency

Q1

Q2

Q3

Q4

Total

Rural Fire Service

204

116

 

 

320

Fire & Rescue

112

62

 

 

174

National Parks

5

3

 

 

8

Forest Corp

3

5

 

 

8

Police

8

17

 

 

25

Ambulance

2

2

 

 

4

SES

-

-

 

 

-

Total

334

205

 

 

539

 

*Figures obtained from ICON

 


Ordinary Council Meeting - 26 February 2015

NSW Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 – Service Level Agreement 2015

 





Ordinary Council Meeting                                                                                              26 February 2015

Assistant General Manager Engineering Services Report

ITEM 11.3    SF843              260215         Minutes of the Vehicular Access To Beaches Committee meeting - 13 February 2015

 

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

 

Summary:

 

The meeting for the Vehicular Access to Beaches Committee occurred on Friday 13 February 2015 and the minutes are attached for Council’s information.

 

 

Recommendation:

 

1        That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 13 February 2015 be received and noted.

 

2        That Council provides signage on North Valla Beach to note entering an area that requires a beach access permit, and also at the beach entry access point of north valla beach advising no access beyond this point.  The signage to be funded from beach access works order.

 

 

OPTIONS:

 

1        Adopt the recommendations.

2        Amend the recommendations.

 

 

DISCUSSION:

 

The VABC convenes twice per annum. The minutes of the meeting held on the 13 February 2015 are attached.

 

 

CONSULTATION:

 

No other consultation was undertaken with respect to this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications as a result of this report.  Funds for the access tracks are generated from the sale of beach permits as per Resolution No. 37/11 of the Minutes of the Vehicular Access To Beaches Committee 11 March 2011 and subsequently adopted by Council at its meeting on 7 April 2011 by Resolution No. 2764/11, the unspent funds emanating from the sale of Beach Driving Permits are placed into a reserve.  There is $23,900.00 in the reserve as at the 30 June 2014.

 

Source of fund and any variance to working funds

 

None required.

 

Attachments:

1

4406/2015 - Minutes - Vehicular Access to Beaches Committee - 13 February 2015

 

  


Ordinary Council Meeting - 26 February 2015

Minutes of the Vehicular Access To Beaches Committee meeting - 13 February 2015

 

PRESENT

 

Cr John Ainsworth

Cr Bob Morrison

Cr Paula Flack

Georgette Allen

Greg Artlett

Paul Gallagher

Bob Bennett

Jim Brazel

Dale Edwards

Tony Hardge

Kevin Morrison Snr

Bill Watts

 

 

APOLOGIES

 

Cr Brian Finlayson

Brian Hall

Kevin Morrison Jnr

 

 

 

CONFIRMATION OF MINUTES

 

1/15   RESOLVED:          (Bennett/Morrison)

 

That the Committee note the adoption of the Minutes of the Meeting held 14 February 2014.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 6.1      SF843                130215      Outstanding Actions - Reported to 13 February 2015 meeting

2/15   RESOLVED: (Flack\Watts)

 

1        The progress on the outstanding actions presented to the meeting on the 13 February 2015 be received and noted.

 

2        That Council, following investigations, erect appropriate signs at North Valla on the boundary of Bellingen Shire and Nambucca Shire and one at the North Valla Beach 4WD access track to the beach.

 

3        That Council write to Bellingen Shire Council requesting they join the Beach Permit system.

 

 

 

 

 

ITEM 6.2      SF843                130215      Financial Report as at the 5 February 2015

3/15 RESOLVED:  (Hardge/Edwards)

 

1        That the Financial Report as at the 5 February 2015 noting Income of $ 10,652.00 and Expenditure of $ 2303.38 be received and noted.

 

 

 

 

 

ITEM 6.3      SF843                130215      Parks Supervisor Inspection Report - February 2015

4/15 RESOLVED:  (Allen/Morrison Snr)

 

That the report on the beach access tracks as at the 6 February 2015 and presented to the Vehicular Access To Beaches Committee on 13 February 2015 be received and noted.

 

 

 

 

 

ITEM 6.4      SF843                130215      Honorary Rangers Reports - February 2015

 DISCUSSION FROM RANGERS:

 

Dale Edwards:

 

Would like to request that any of the NHSLSC caretakers vehicles be exempt from the restriction of driving 4WD’s from the Surf Club up to Swimming Creek.

 

Bill Watts

 

Shelly Beach and South Beach are his main areas. He did not notice anyone accessing the little Tern area on the end.  The beach is used by a lot of public, about 10% fishermen and a lot of elderly use it. The access road is the big issue.  There was an incident of a boat going over on the bar Monday morning and he will campaign strongly to keep Shelly Beach Road open at all times because if it ever shuts and the ramp is not available it forces people over the bar and there could be a loss of life.  When will works commence to repair Shelly Beach Road. ?

 

Assistant General Manager Engineering Services advised Council have to close the road as soon as we get a 50mm rain event. Headland could give way at any given time during a rain event due to the terrain and it must be kept closed for 48.  Funding received to carry out repairs however funding from RMS is not for improvements (we would like to use gabion baskets, but if this used we would not get the funding as this is classed as an improvement).

 

Bob Morrison

 

We need increased tourism and residents - recreational fishing and commercial fishers.  Fisheries have now responded given no answer to the problems, no decrease to fish in the area and anecdotal evidence that commercial catch was half of the previous.  Minister – won’t look at recreational fishing in this area unless you have talked to rec and commercial fishers and get an agreement.

 

Kevin Morrison advised that you can obtain catch records and he will liaise with Cr Morrison about this.  45 licences on the river. 110kilos of fish per day.

 

Georgette Allen

 

Happy for signage and almost came ready to resign due to feeling ineffectual with what the Honorary Rangers can do.  She had approached the same gentleman 2 years ago as he did not have a licence – he stated he rang Council and they said don’t bother because it is too short. 

 

Assistant General Manager Engineering Services advised that when any Honorary Ranger has difficulty dealing with an issue they should call Council who will deal with it.

 

 

Tony Hardge

 

Thanked Heather Leclercq for her assistance with a request for the removal of trees.

 

Greg Artlett

 

Enquired whether he could get one permit for multiple vehicles? 

Assistant General Manager Engineering Services advised no – one permit per vehicle.

 

Do pensioners get if FOC?  Paul Gallagher

 

Kevin Morrison

 

Do we have a ranger?

Assistant General Manager Engineering Services advised yes see report attached.

 

5/15 RESOLVED:  (Watts/Artlett)

 

That the verbal reports from the Honorary Rangers provided on the 13 February 2015 be received and noted.

 

 

 

 

ITEM 6.5      SF843                130215      Report from Manager Development and Environment and Council's Ranger as at 5 February 2015

6/15 RESOLVED:  (Hardge/Artlett)

 

That the report from the Manager Development and Environment for the period February 2014 to 30 January 2015 be received and noted.

 

 

 

   

 

 

NEXT MEETING DATE

 

The next meeting will be held on 1.30pm commencing at 13 November 2015

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.00pm

 

 

Cr John Ainsworth

(CHAIRPERSON)