NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

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

5        NOTICES OF MOTION

5.1     Notice of Motion - Donation Of Inspection Fees (SF24).................................................... 13

5.2     Notice of Motion - Cr Smyth - Request for Leave - 20 March to 12 April 2015 .................... 14  

6        PUBLIC FORUM

Mr Owen Rushton - on behalf of Macksville Gift Committee of Management - New Skate Facilities

 

DELEGATIONS

9.7     Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility..................................................................................................................................... 52

          i)        Mr Jeff Unwin—Objector

          ii)       Jenny Rainford—Objector

          iii)      Mr Ronald Nunn—Supporter

          iv)      Mr Elwin Lock—Supporter

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 15

9.2     Drainage Issues - 4 Alberta Street, Bowraville................................................................... 23

9.3     Application to Seek Dividend from Water and Sewerage Operations................................. 25

9.4     2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer..... 31

9.5     Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade......... 36

9.6     Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets.... 42

9.7     Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility—DELEGATIONS ............................................................................................................. 52

9.8     Council Ranger's Report February 2015.......................................................................... 117

9.9     Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 February to 4 March 2015................................................................................. 119

9.10   2015 February - Development and Complying Development Applications Received ........ 122

9.11   2015 February - Construction And Complying Development Certificates Approved .......... 125

9.12   Bowraville Folk Museum Inc. - Charitable Status............................................................. 129

10      Assistant General Manager Corporate Services Report

10.1   Developer Contributions Plan Review: Surf Life Saving Clubs ........................................ 131

10.2   Schedule of Council Public Meetings............................................................................. 148

10.3   Scotts Head Events Committee of Management AGM - 29 September 2014 - Minutes and Financial Statement..................................................................................................................... 149

10.4   Investment Report To 28 February 2015......................................................................... 154

11      Assistant General Manager Engineering Services Report

11.1   Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close Nambucca Heads......................................................................................................... 159    

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

12.1   Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close, Nambucca Heads

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

 

12.2   Tender T401415MNC for the Provision of Traffic Control Services - 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.

 

12.3   Tender T391415MNC for Supply Only and Supply and Installation of Road Safety Barrier Systems - 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.

  

            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

OFFICER

Leave for Bowraville at 3.30 pm from onsite Land Development Committee

Item 9.2 – Drainage Issues – 4 Alberta Street, Bowraville

onsite

GM

 


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 26 February 2015

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

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.3 Gumma Swamp Event Water Quality Monitoring Study and Recommendations under the Local Government Act as Cr Ainsworth owns property in the study area.  Cr Ainsworth left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 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.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item5.1 Announcement of $50m for the Redevelopment of the Macksville Hospital under the Local Government Act as Cr Flack is an employee of the Mid North Coast Local Health District .  Cr Flack left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 February 2015

 

682/15 RESOLVED:        (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 12 February 2015 be confirmed subject to the following amendment:

 

Page 8 Item 9.6 Outstanding DA’s Greater than 12 Months… an amendment was moved by Cr Ainsworth seconded Cr South that an inspection be conducted in regard to DA2014/158 - the proposed pistol range at Missabotti – the amendment was lost.

 

 

 

NOTICE OF MOTION - CR Hoban

 

Cr Flack left the meeting for this Item at 5.34pm and returned after the conclusion of the Item at 5.35 pm.

 

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

683/15 RESOLVED:        (Hoban/South)

 

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.

 

  

 

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                260215      Outstanding Actions and Reports

684/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

Motion:      (Flack/Smyth)

 

That Council does not undertake a site inspection of the proposed pistol range Missabotti (DA2014/158) given that the development application remains incomplete and that staff have no alternative but to recommend refusal and that all those who received notification be notified accordingly.

 

Amendment:       (Finlayson/Ainsworth)

 

That the decision by Council as to whether the Council makes an inspection be deferred until 12 March 2015.

 

685/15 Resolved:        (Finlayson/Ainsworth)

 

That the amendment be put.

 

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

 

686/15 Resolved:        (Finlayson/Ainsworth)

 

That the decision by Council as to whether Council makes an inspection be deferred until 12 March 2015.

 

687/15 Resolved:        (Hoban/Ainsworth)

 

That the General Manager write to the applicants and advise them that as it this is an integrated development and requires concurrence it will now be put to Council on 12 March 2015 with a recommendation for refusal unless all the necessary information is provided to Council by 12 March 2015.

 

 

 

ITEM 9.2      PRF17                260215      Future Use and Management of Faringdon Fields

688/15 RESOLVED:        (Flack/Ballangarry)

 

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.

 

 

 

Cr Ainsworth left the meeting for this item at 6.36 pm and returned after the conclusion of this item at 6.37 pm.

 

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

689/15 RESOLVED:        (Finlayson/Flack)

 

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.

 

 

 

ITEM 9.4      SF1148              260215      Council Ranger's Report January 2015

690/15 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

ITEM 9.5      RF275                260215      Bellingen-Bowraville Road

691/15 RESOLVED:        (Smyth/Flack)

 

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.

 

 

 

ITEM 9.6      SF2038              260215      2015 January - Construction And Complying Development Certificates Approved

692/15 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.7      SF2038              260215      2015 January - Development and Complying Development Applications Received

693/15 RESOLVED:        (South/Flack)

 

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

 

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 9.8      SF1935              260215      Allocation of Section 94 Funds to Macksville Skate Park Project

694/15 RESOLVED:        (Flack/Smyth)

 

That Council approve an allocation of $225,000 from Section 94 Community Facilities and Public Open Space Fund as a contribution to the Macksville Skate Park project, within the overall Macksville Fun and Fitness Precinct.

 

 

 

ITEM 10.1    SF251                260215      Schedule of Council Public Meetings

695/15 RESOLVED:        (Ainsworth/Morrison)

 

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

 

 

 

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

696/15 RESOLVED:        (Smyth/Ainsworth)

 

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.

 

 

 

 

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

697/15 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

 

 

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

698/15 RESOLVED:        (Finlayson/MacDonald)

 

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.

 

 

 

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

699/15 RESOLVED:        (MacDonald/Finlayson)

 

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.

 

 

 

ITEM 10.6    SF1998              260215      December 2014 Budget Review

700/15 RESOLVED:        (MacDonald/South)

 

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.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              260215      Capital Works Report - December 2014

701/15 RESOLVED:        (Ainsworth/Finlayson)

 

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 $97,000.00 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.

 

 

 

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

702/15 RESOLVED:        (MacDonald/Ainsworth)

 

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.

 

 

 

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

703/15 RESOLVED:        (Morrison/Ainsworth)

 

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.

 

3        That Council write to Bellingen Shire Council inviting them to join the Beach Permit System.

 

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/MacDonald)

 

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:

 

 

 

The Mayor left the meeting at 7.15 pm.

The Deputy Mayor took the Chair for the remainder of the meeting.

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    DA2001/096        260215      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 7.15 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (MacDonald/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.30 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    DA2001/096        260215      Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

704/15 RESOLVED:        (Finlayson/South)

 

That Council proceed to finalise the conciliation agreement in accordance with the recommendation contained within the report.

 

NOTECr Flack requested her vote be recorded against the resolution because negotiations should have continued in order to get an agreement on a peer review of the performance audit.

Cr Smyth requested her vote be recorded against for the same reason as Cr Flack and also because she does not believe it is substantially the same development.

Cr Ballangarry requested his vote be recorded against this resolution because of their poor compliance record in the past.

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 7.31 pm. 

 

Confirmed and signed by the Mayor on 12 March 2015.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

    


Ordinary Council Meeting                                                                                                  12 March 2015

Notice of Motion

ITEM 5.1      SF2049            120315         Notice of Motion - Donation Of Inspection Fees (SF24)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Monroe Mills is a three year old local girl who suffers from photo-aggravated eczema and solar urticaria which leaves her covered in itchy rashes after any exposure to the sun.

 

$20,000 has already been raised by the community to purchase a special spa bath with microscopic bubbles that cleanse Monroe’s pores and offer her some relief.

 

Local tradesmen have volunteered their time, materials and expertise to install the spa bath and renovate the bathroom in Monroe’s family home.  The plumbing work has to be inspected by Council and carries inspection fees of $294.00.

 

It is recommended that in recognition of Monroe’s condition and the generosity of local tradesmen that Council cover the cost of the inspection fees by way of a donation from the Water and Sewerage Funds. 

 

 

Recommendation:

 

That, in recognition of Monroe Mills’ ongoing medical condition and the generous contributions of local tradesmen, Council donate the cost of plumbing inspection fees of $294.00 from Council’s Water and Sewerage Funds.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  12 March 2015

Notice of Motion

ITEM 5.2      SF2049            120315         Notice of Motion - Cr Smyth - Request for Leave - 20 March to 12 April 2015

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave for the period Friday 20 March 2015 to Sunday 12 April 2015, inclusive.

 

 

 

Recommendation:

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 20 March 2015 to 12 April 2015, inclusive.

 

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager

ITEM 9.1      SF959              120315         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.

As at 28 February 2015 dam was 28% full

.

 

JULY 2014

 

8

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

 

9

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

 

 

10

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 estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding.

 

 

SEPTEMBER 2014

 

11

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.

 

 

12

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).

 

13

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.

 

14

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

 

15

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.

 

Meeting held with one resident on Friday 27 February 2015 – a proposal was put forward by Council.  Awaiting resident’s response.

 

 

16

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.

 

 

17

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.

 

 

18

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.

 

Meeting with Lions Club on 4 March 2015.

 

 

19

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 report for determination is to be submitted to Council’s meeting on 12 March 2015.

 

 

NOVEMBER 2014

 

20

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.

 

21

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

 

22

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

 

22

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

 

23

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

 

Response received from Bellingen Shire Council on 2 March 2015.

 

24

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

 

Response received from Minister.

 

25

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

 

26

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

 

27

SF247

11/12/14

There is 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

 

28

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.

 

 

29

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.

 

Meeting held on 2 March 2015 – outcome to be reported to Council on 26 March 2015.

 

30

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.

 

 

31

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

 

32

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.

 

33

SF1541

29/01/15

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

 

GM

Report April 2015

 

34

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

 

35

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

 

36

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

 

37

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.

 

38

SF988

26/02/15

Council seek a similar funding assurance ($50m for the Macksville Hospital) from the NSW Opposition.

 

GM

Letter sent 6 March 2015

 

39

SF843

26/02/15

Council write to Bellingen Shire Council inviting them to join the Beach Permit System.

 

AGMES

Letter sent 5 March 2015

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.2      LF6900             120315         Drainage Issues - 4 Alberta Street, Bowraville

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the inspection of 4 Alberta Street, Bowraville.

 

 

OPTIONS:

 

Council has resolved to undertake an inspection.

 

Council could determine to allocate funding to undertake further stormwater drainage work to try and alleviate the problems at 4 Alberta Street.  It should be noted that there are many stormwater drainage issues in the Shire which can result in the flooding of private property.  Given that Council has funding to address only a small percentage of all complaints, it is important that such work be prioritised on the basis of likelihood and consequence.

 

Ms Bush did seek compensation from Council for the cleaning of the inside of her car which was affected by the floodwaters.  Without any admission of liability, Council could determine to pay compensation however this would be a precedent for similar claims by that property owner or others.  As a consequence of torrential rain events Council could receive many similar claims.

 

 

DISCUSSION:

 

At Council’s meeting on 29 January 2015 it was resolved to conduct a site inspection of 4 Albert Street, Bowraville.  It will be recalled that the owner of the property, Ms Leona Bush addressed Council at this meeting to complain about the flooding of her property and in particular her carport and car.

 

Council undertook drainage work in this location following similar complaints in 2008.

 

 

CONSULTATION:

 

Following a public forum address by Ms Bush, Council has resolved to undertake an inspection.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The recommendation has no social implications.

 

Economic

 

The recommendation has no economic implications.

 

Risk

 

Council needs to determine the allocation of funding for stormwater drainage issues based on likelihood and consequence.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no significant impact on staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.3      SF665              120315         Application to Seek Dividend from Water and Sewerage Operations

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

All local water utilities (LWU’s) including this Council pay a dividend for tax-equivalents.  In 2014/15 this dividend is budgeted to be $18,500 for the Water Fund and $15,700 for the Sewer Fund, a total of $34,200.

 

However LWU’s are also permitted to seek an annual dividend from any surplus for its Water and Sewerage Funds.  Historically, this Council has not sought such dividends, a major reason being that until relatively recently the capital works program to construct the off river water storage had not be fully funded.

 

Now that the off river water storage has been funded and Council is under significant pressure to demonstrate improving financial sustainability in its Fit for the Future submission, notwithstanding the loss of FAGS indexation and the impeding “handover” of the existing Pacific Highway, it is appropriate for Council to revisit the matter.

 

In Council’s 2014 financial statements, in the Water Fund there was a surplus from continuing operations after capital of $8.83m and in the Sewerage Fund there was a deficit from continuing operations after capital of $214,000.

 

In Council’s 2014 financial statements, the potential dividend calculated from the surplus in the Water Fund would be restricted to 6,065 (the no. of assessments) x $30 = $181,950, less the dividend for tax equivalents of $18,500 = $163,450.  This is equivalent to about a 1.8% of Council’s rate income.

 

The following acronyms are used in the report:

 

FAGs = (Federal) Financial Assistance Grants

LWU = Local Water Utility (a Council or County Council)

CRC = Current Replacement Cost

TRB = Typical Residential Bill

SBP = Strategic Business Plan

IWCM = Integrated Water Cycle Management Strategy

DWE = Department of Water & Energy now known as the Office of Water

KPI = Key Performance Indicator

 

 

Recommendation:

 

1        That Council note the achievement of the required outcomes of the Best Practice Management of Water Supply and Sewerage Guidelines.

 

2        Commencing for the 2014/15 financial year and for subsequent years, that Council seek approval for the maximum permissible dividend calculated from any surplus in the Water and Sewerage Funds.

 

3        That following the assessment of eligibility for a dividend from any surplus, that each year Council determine the quantum of the dividend to be taken from any surplus in the Water and Sewerage Funds having regard to the available working funds, planned capital works and any other relevant considerations.

 

4        That investigations be undertaken in consultation with Council’s Auditor and the Office of Water for the potential to seek approval to take dividends from the 2013/2014 financial year and financial years prior to that.

 

5.       That Council’s auditors be advised of Council’s resolution.

 

 

OPTIONS:

 

Council can choose whether or not to seek an annual dividend from any surplus from its Water and Sewerage Funds.  It can also choose the quantum of that dividend up to the maximum specified in the 2007 Best Practice Management of Water Supply and Sewerage Guidelines.

 

 

DISCUSSION:

 

A Local Government water utility (LWU) is permitted to pay an annual dividend from its water supply and sewerage businesses.  Such a dividend may be paid for each business after the end of each financial year.

 

A dividend is in the nature of a “return on investment” paid to the “shareholder” which in this case is the local government council responsible for managing and investing in the LWU’s water supply and sewerage functions.  The council may apply the dividend for any purpose under the Local Government Act or any other Act.

 

The dividend is in two parts:  a dividend calculated for tax-equivalents and a dividend calculated from the surplus.

 

All LWU’s including this Council pay the dividend for tax-equivalents.  In 2014/15 this dividend is budgeted to be $18,500 for the Water Fund and $15,700 for the Sewer Fund, a total of $34,200.

 

Provided that the LWU has demonstrated achievement of the required outcome for specified criteria in the Best Practice Management of Water Supply and Sewerage Guidelines for its water supply or sewerage businesses the LWU may also pay an annual dividend from the surplus of that business.  The guidelines provide that prior to paying a dividend from the surplus of a water supply or sewerage business, the LWU must:

 

1        obtain an independent compliance audit report verifying that the LWU has demonstrated achievement of all  of the required outcomes set out in column (3) of Table 1 (page 22); and

 

2        obtain an independent financial audit report that verifies the water supply and/or sewerage Special Purpose Financial Reports are a true and accurate reflection of the business and that the overhead reallocation charge to these businesses is a fair and reasonable cost.

 

The LWU must also resolve in a council meeting that it has achieved the required outcome for each of the criteria in Table 1 of the guidelines.

 

The LWU must then complete and forward the following documents to the Office of Water prior to payment of a dividend from the surplus:

 

·              The Statement of Compliance and the Dividend Payment Form

·              The Statement of Financial Performance of Business Activities

·              The independent compliance audit report, and

·              The unqualified independent financial audit report.

 

The Office of Water will then advise the LWU whether it may pay the proposed dividend from the surplus within 5 working days.

 

The guidelines caution that LWUs facing major capital expenditure for new or replacement infrastructure should defer paying a significant dividend from their surplus as such a payment would directly increase the required typical residential bill (TRB).  Such capital expenditure in any financial year is defined as that which exceeds 3% of the current replacement cost (CRC) of the LWU’s water supply or sewerage assets.

 

Required Outcomes for Criteria Listed in Table of the 2007 Best Practice Management of Water Supply and Sewerage Guidelines

 

Required Outcome

Indicators to Demonstrate Achievement of Outcome

Compliance

A current, sound Strategic Business Plan (SBP) and financial plan

A SBP that includes:

*Operating environment review

*Asset management plan

*Key performance indicators

*Customer service plan

*Levels of service

*Human resources plan

*Prepared or updated within the last 3 years

The Best Practice Management Guidelines are dated August 2007 and don’t consider new checklists for the preparation of IWCM’s and SBP’s introduced in 2014.  The IWCM and SBP now need to be prepared every 8 years on a rotation of every 4 years.  The transitional arrangements mean that Council will need to prepare a new IWCM in 2016 with a new SBP and financial plan to be prepared in 2020.

 

Notwithstanding Council’s SBP’s for water & sewer were completed in 2012 and incorporate all of the required components.

A robust financial plan which includes a capital works plan

*A robust minimum 20 year financial plan which identifies the lowest required stable TRB.

*Address the issues in the check list in appendix A

Yes.

 

Council’s SBP’s are for a 30 year period and address the matters listed in the checklist.

Full cost recovery for each water supply and sewerage business

*Appropriate tariffs without significant cross subsidies

*Total annual income and projected TRB should be consistent with the financial plan.

Yes

Complying water supply tariff

*Appropriate water usage charge based on long run marginal cost

*Access charge relative to customer’s capacity requirements

*No land value based charges and no free or pre-paid water allowances

*Any large increases in non-residential customer bills phased in over 5 years

*To encourage water conservation, high water consuming residential customers should be subjected to a step price increase of at least 50% for incremental usage above a specified minimum.

*LWU with 4,000 or more connected properties to have at least 75% of residential revenue generated through usage charges

Council has complying water supply tariffs except that we don’t have a two tiered step increase for high consuming residential properties.  There are a number of factors affecting household consumption, with the number of residents in the dwelling being a major factor.  Depending upon the consumption at which the tiered tariff commences, it may unduly penalise large households.

Complying sewerage tariff

*appropriate residential tariff

*no land value based charges

*two part non-residential tariff

*appropriate sewer usage charge for non-residential

*access charge that is reflective of the cost of providing these sewerage services

*any large increases in non-residential bills phased in over 5 years.

Yes

Complying liquid trade waste fees and charges for all liquid trade waste dischargers.

*Annual trade waste fee for all liquid trade waste dischargers.

*Trade waste usage charge for dischargers with prescribed pre-treatment.

* Excess mass charges for large dischargers and industrial waste.

Yes

Commercial Developer Charges

*Development Servicing Plan in accordance with Ref 6, with commercial developer charges.

Yes

Liquid trade waste approval issued to each trade waste discharger.

*Liquid Trade Waste approvals issued in accordance with Ref 5

*Liquid Trade Waste Policy adopted and implemented in accordance with Ref 5.

Yes

Complying tariffs for dual water supplies

*The potable water supply tariff in dual water supplies to comply, except that step pricing is not a requirement.

*For the non-potable component of dual water supplies:

*LWUs are encouraged to install a non-potable water meter for each customer served where practical.

*Appropriate non-potable water usage charge/kL based on long run marginal cost

*Access charge relative to a customer’s capacity requirements

*No land value based charges & no free non-potable water allowance

*At least 50% of residential revenue generated through usage charges

Not applicable.  Council does not have a dual water supply of potable and non-potable water. 

Sound water conservation & demand management in place

*Sound water conservation and demand management implemented

*Identification of most cost effective demand management initiatives

*Subsidisation and promotion of at least two of the identified demand management initiatives

*Include demand monitoring, leakage measurement and reduction and community education.

Yes – contained in IWCM

Sound drought management in place

*Compile data on existing system, your LWU’s drought management planning, including adoption of trigger points for timely implementation of appropriate water restrictions.

*Sound drought management implemented in accordance with the LWU’s adopted schedule.

Yes

Completed performance monitoring reporting forms to DWE

*Reporting forms provided to DWE

*Draft of Special Schedules to DWE

*Action plan provided to Council following review of LWU’s 2 page Performance Report

*Statement of Compliance to be submitted to DWE prior to payment of dividend from surplus

Reports are provided to DWE but action plan not always provided to Council.

Sound IWCM implemented.

*Completion of IWCM by June 2007

*Completion of IWCM strategy by June 2008

*Implementation of IWCM in accordance with the Strategy by June 2008

Given the best practice guidelines are dated 2007, the nominated dates would not seem to be relevant.  Council is im

 

In Council’s 2014 financial statements, in the Water Fund there was a surplus from continuing operations after capital of $8.83m and in the Sewerage Fund there was a deficit from continuing operations after capital of $214,000.

 

The dividend payment is subject to the following preconditions:

 

1        The “Surplus Before Dividends” must be calculated on the basis shown in the Statement of Financial Performance of Business Activities; and

 

2        The dividend from surplus must not exceed 50% of this surplus in any one year; and

 

3        The dividend from surplus must not exceed the number of water supply or sewerage assessments at 30 June of the relevant year multiplied by $30, less the dividend for tax equivalents; and

 

4        The dividend from surplus may only be paid so that the total dividend from surplus paid in each rolling three year period does not exceed the total relevant surplus in the same period.

 

Therefore for the 2013/2014 financial year a dividend on a surplus would have only been payable for the Water Fund.

 

In relation to the third criterion, as at 20 February 2015, the Council had 6,065 water supply assessments and 5,648 sewerage assessments.  This means that the potential dividend calculated from the surplus would be restricted to 6,065 x $30 = $181,950, less the dividend for tax equivalents of $18,500 = $163,450.

 

 

CONSULTATION:

 

There has been consultation with the Manager Water & Sewerage and the Assistant General Manager Corporate Services.  The matter has been discussed in MANEX.

 

The matter has been discussed with Council’s Auditor.  The Auditor has suggested that Council may be eligible for dividends from previous financial years and that this should be investigated.  This has been included in the recommendation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal to seek a dividend from any surplus from the water and sewer funds will not affect the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Depending on what dividend (if any) is taken, to the extent that Council’s General Fund is more reliant on water and sewerage operations means that Council’s General Fund operations may find it more difficult to “stand alone” should its water and sewer operations ever be transferred to another entity.  Such a proposal was put forward by the Armstrong and Gellatly Report in 2008.

 

However balanced against this risk is the fact that Council has been found to have weak financial sustainability with a negative outlook.  With its Fit for the Future response due by 30 June 2015, Council is at the stage where it has to look for every opportunity to improve the financial performance of its General Fund which has historically operated with a significant deficit in its operating performance.  For example the Fit for the Future KPI’s include an operating performance ratio which is greater or equal to break even averaged over 3 years.  For the operating performance ratio, comparisons of Mid North Coast Councils’ financial statements for 2014 indicate the following results:

 

Nambucca Shire Council                     -17.8%

Coffs Harbour City Council                 -17.0%

Greater Taree City Council                   -26.1%

Kempsey Shire Council                       -41.9%

Gloucester Shire Council                     -46.7%

Port Macquarie Hastings Council         -9.5%

Bellingen Shire Council                       -33.3%

 

In addition to the above the Council has been burdened with a loss of any indexed growth in FAGs and will soon be faced with the liability of the old Pacific Highway.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Based on the surplus in the Water Fund for the 2013/2014 financial year, Council could obtain a dividend from surplus of $163,450.  The recommendation provides that Council determine on an annual basis the dividend it wishes to take.

 

Source of fund and any variance to working funds

 

The likely budgeting arrangements would be that any dividend identified from the previous year’s financial operations would be brought to account in the budget of the subsequent financial year.  Whilst the dividend payment would be sourced from the working funds surplus, it would be budgeted for.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels or resourcing/staff implications.  Council already calculates a dividend for tax equivalents.  This dividend is incorporated in Council’s annual financial statements and is subject to audit. 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.4      LF4225             120315         2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

At Council’s meeting on 29 January 2015 it was resolved that in relation to this matter that the General Manager and Assistant General Manager Engineering Services undertake a site inspection and then report to Council on whether advice should be sought from a geotechnical engineer.  A site inspection has now been undertaken.

 

In terms of minimising any potential liability which Council may have for any instability in the steep bank it is recommended that Council engage a qualified and experienced geotechnical engineer to prepare a preliminary investigation report on the site NH44.  This is the process which Council has followed in attending to other sites with proven or potential land slip risk.  It is estimated that a preliminary investigation report would cost in the order of $5,000.  The report will likely set out recommendations for both Council and the property owner in terms of minimising risk.

 

 

 

Recommendation:

 

1        That Council engage Coffey and Partners to prepare a preliminary investigation report on the site NH44 being the cliff at the east end of Nelson Street as described in the report by Douglas Partners dated October 2003.

 

2        That Council pay or reimburse payment for $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in a sewer line.

 

3        That Mr & Ms Leckie be advised that they will have to replace their house sewer drainage lines to avoid further root blockages.

 

 

OPTIONS:

 

The Council has options as to what, if any, geotechnical investigations it undertakes.

 

The Council can decide not to reimburse/pay the invoice for the use of a water jetter to clear root blockages from the house sewer drainage line.

 

 

DISCUSSION:

 

On 18 January 2015 Council received the following email from an owner of the property, Mrs Leckie.

 

“I refer to our prior discussions in this matter.

 

My Husband and I would like to safeguard our property as you are aware there are issues with the land to which Council is yet to address.

 

This matter has been before Council for about 2 and a half years with no resolution.

 

We have provided expert reports re the issues and Council has its own expert report addressing the landslide issues and the resulting damage that has already happened to our home as a result.

 

Council has been put on notice regarding the issues and resulting liability and has done nothing.

 

The matter has been ongoing for some time without any resolution and further damage has resulted to our property – I note that photographs have been provided to you.

 

As you are aware my Husband and I were agreeable to purchase the land in front of our property and pay for the necessary measures to rectify the issues.

 

As nothing has been decided by Council I seek forthwith that Council attend to the rectification works at its sole expense.  I further put council on notice that any damage to my property resulting from Council’s neglect to attend to the rectification will be claimed in damages.

 

Please further note that due to Council’s non-attendance to this matter and poor decision making regarding adjoining development site resulting in my loss of human amenities I now feel that I have no choice but to approach the land and environment court and media for assistance.

 

I would appreciate your prompt attention to this matter.”

 

In response to a query as to the rectification works sought, Council was advised by Ms Leckie on 19 January 2015 as follows:

 

“The extensive delay and approach that Council has taken with this matter to date contradicts natural justice.  In brief to assist, the imminent repairs necessary are appropriate storm water infrastructure.  Pruning/removal of required trees to rectify blockages to sewerage and undermining of walls.  Repairs to retaining walls and house foundations.”

 

At Council’s meeting on 29 January 2015 it was resolved that in relation to this matter that the General Manager and Assistant General Manager Engineering Services undertake a site inspection and then report to Council on whether advice should be sought from a geotechnical engineer.  A site inspection has now been undertaken.

 

Council also resolved to write to Mr & Mrs Leckie reminding them of Council’s previous resolution to provide a recommendation to Crown Lands that a lease be entered into for the purpose of constructing a retaining wall to protect their property.

 

In response to this resolution Ms Leckie has advised by email on 2 February as follows:

 

“I am not aware of any resolution to that effect the last we heard was that Council was awaiting a letter from Crown Lands re: their position.

 

With due respect we will not enter into a lease of the land and have to pay for the lease plus pay for rectifying the issues to the land when the land is not ours.  The land is in the management of the Council as the trustees and hence your responsibility to fix.

 

As previously stated if we owned we would undertake to fix the issues affecting our land.”

 

On 14 February 2015, Ms Leckie also submitted an invoice for Council’s urgent attention.  She indicated that the invoice was previously forwarded to council however the account remains outstanding.  The invoice is dated 21/3/14 and is from Hightide Plumbing addressed to Leckie Law for the sum of $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in the sewer line which took 1.5 hours.  Ms Leckie advised that Council is well aware of the root issues from the rubber tree and indicated that Council has previously paid the accounts noting the issue arises from a tree on its land.

 

The stability of the slope at 2 Nelson Street was considered in some detail in the report commissioned by Council and prepared by Douglas Partners on natural disaster risk management in Nambucca Heads dated October 2003.

 

The study referred to the site as NH44 being the cliff at the east end of Nelson Street.  It was noted that cracking at the south east corner of the house was consistent with soil creep.  It was also noted that the retaining wall leans downslope at 20 degrees to the vertical.  The observed instability was described as “minor movement” and it was commented that there were large trees at the crest and batter and that vegetation was critical to stability.  The risk evaluation for the property was assessed as between medium (for a landslip) and high (for soil creep).  The risk treatment options were assessed as:

 

*        Maintain vegetation and monitor

*        Emergency stabilisation if necessary

*        Large scale stabilisation of cliff face

*        Set back structures from cliff on redevelopment

 

The report recommended that on redevelopment of the property, that structures be set back 10m from the cliff unless specific geotechnical assessment is conducted.

 

An aerial photo overlain with cadastral detail showing property and road boundaries is attached.  It will be noted that the property (2 Fraser Street) at 468.84m2 is relatively small in area and is almost totally occupied by the existing dwelling.  There is a relatively small section of Nelson Street which drains down the steep bank.  The roof drainage of the dwelling would also drain down the bank.  It is unknown the extent to which this drainage is contained within a pipe system.  Any uncontrolled drainage down the bank will increase the slip potential.

 

In terms of minimising any potential liability which Council may have for any instability in the steep bank it is recommended that Council engage a qualified and experienced geotechnical engineer to prepare a preliminary investigation report on the site NH44.  This is the process which Council has followed in attending to other sites with proven or potential land slip risk.  It is estimated that a preliminary investigation report would cost in the order of $5,000.  The report will likely set out recommendations for both Council and the property owner in terms of minimising risk.

 

In relation to the request for reimbursement of the invoice for $396.00 for the removal of several root blockages in the sewer line, in September 2013 Council paid $1,166.88 as reimbursement of costs associated with the clearing of tree roots from internal sewer pipes.  Council’s letter to Mr Leckie advised;

 

“that further consideration is being given to the longer term solution to this problem which may include installation of tree root barriers or removal of the rubber tree.  Removal of the tree may raise stability issues with the embankment and may involve substantial retaining works.  Evaluation of these issues and subsequent funding may take some time.”

 

The importance of the vegetation on the existing bank in minimising the risk of mass movement is referred to in the report from Douglas Partners.  It may be that the property owners have to accept the need to fund the occasional sewer choke as the price of minimising the land slip risk.

 

A contributing factor to the tree root blockages is probably old earthen ware pipes which allow tree roots entry particularly at the joints.  Those same joints may also allow moisture to leave the pipe and infiltrate the bank.

 

Council does not normally reimburse expenses incurred in removing root blockages to house drainage lines.  The Council does have a very large number of trees in public places and the precedent of funding every sewer choke which may be caused by those trees is undesirable.  Property owners also have some responsibility to ensure that defects in their house drainage lines are repaired and not left inviting further invasion from tree roots.

 

As there has apparently been no further consideration of a longer term solution to the root blockages it is recommended that Council reimburse (or pay) the tax invoice dated 21/3/2014 and advise Mr & Mrs Leckie that they will have to replace their house sewer drainage lines to avoid further root blockages.

 

 

CONSULTATION:

 

There has been consultation with the Assistant General Manager Engineering Services and with Council’s Engineering Designer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation has no implications for the environment.

 

Social

 

The recommendation has no social implications.

 

Economic

 

The recommendation has no economic implications.

 

Risk

 

The recommendation is concerned with minimising Council’s risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of the geotechnical investigation will need to be met from the General Fund.

 

Source of fund and any variance to working funds

 

It is likely that the geotechnical investigation will be undertaken in this financial year meaning that its cost will need to be funded from working funds.

 

Service level changes and resourcing/staff implications

 

There are minimal resourcing/staff implications.

 

 

Attachments:

1

6336/2015 - 2 Nelson Street - aerial cadastral overlay

 

  


Ordinary Council Meeting - 12 March 2015

2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

 


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.5      SF841              120315         Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is short.  A summary is not required.

 

 

Recommendation:

 

That Council note the response from Ray Williams MP Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

 

OPTIONS:

 

Council can make further representations about the matter, however there is no indication that they will produce a different result.

 

DISCUSSION:

 

At Council’s meeting on 13 November 2014 it was resolved to write to the Minister for Roads with a copy to the Local Member pointing out the issues created when the RMS resume land without making clear in their standard contracts the liability for rates.  Further, that the RMS should be obtaining Section 603 certificates and ensuring that the balance for the year is paid.  Further, that the Council request the RMS pay the balance of rates payable on any of the properties they acquire.

 

It will be recalled that the issue arose as a consequence of representations made by Mr & Mrs Sheather and Mr McIIwain that they should not have to pay rates for the balance of the financial year following the settlement of a partial acquisition of their land by the RMS in December 2013.

 

Council wrote to the RMS on 9 May 2014 advising of the issue and querying why the normal process of adjusting rates as part of the settlement cannot be applied by the RMS in their compulsory acquisitions. 

 

Council has had previous issues with the RMS wherein as a matter of policy they do not obtain from Councils’ Section 603 certificates which indicate the outstanding rates on the land which are owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same time that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and the property is scheduled to be sold at the forthcoming auction sale for unpaid rates and charges to be conducted on 22 April 2015.

 

The RMS staff referred to Council as being just a “third party” creditor who they could have no particular regard to.  However local government, like the RMS, is a government authority operating for the benefit of the State.  The anticipation is that government authorities should be respectful of policy impacts they may have on other authorities and agree to minor changes to their operations which are in the collective good.  In the scheme of RMS operations, Council’s request to the RMS to obtain and act on Section 603 rates certificates for partial acquisitions was a very minor matter.

 

This is the context to Council’s resolution of 13 November and the attached letter to the Hon. Duncan Gay MLC dated 19 November 2014.

 

A response to Council’s letter from the Parliamentary Secretary for Transport and Roads has now been received and is attached.  The letter simply restates the RMS policy; notes the dispute with Mr and Mrs Sheather and Mr McIllwain and then paradoxically advises that the dispute is now a matter for Council and the landowner to resolve.  If the suggestions put forward by Council were heeded there would not be a dispute to resolve.  Neither would Council be about to sell by auction for unpaid rates an occupied house.

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.  There has been previous consultation with staff of the RMS.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

The social implications are identified in the report.

 

Economic

 

There are no economic implications.

 

Risk

 

The submissions put to the RMS were all about reducing the risk of outstanding rates and charges not being paid.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report has no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There has been staff time spent in meeting with RMS staff and also in making written representations to the RMS and the Minister.

 

Attachments:

1

34567/2014 - Letter to Minister for Roads

 

2

4623/2015 - Response from Parliamentary Secretary for Transport and Roads

 

  


Ordinary Council Meeting - 12 March 2015

Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

OFFICE OF THE MAYOR

 

Enquiries to:        Cr Rhonda Hoban

Phone No:           6568 0214

Mobile:                0408 661 412

Email:                 mayor@nambucca.nsw.gov.au

Our Ref:             SF841

 

 

 

19 November 2014

 

 

 

The Hon Duncan Gay MLC

Minister for Roads

GPO Box 5341

SYDNEY   NSW   2001

 

 

Dear Minister

 

PROBLEMS WITH PARTIAL ACQUISITION OF LAND BY THE RMS FOR THE PACIFIC HIGHWAY UPGRADE

 

Nambucca Shire Council has previously made representations in relation to the process followed by RMS staff in undertaking partial property acquisitions for the Pacific Highway upgrade.

 

I now ask that you seek a change to the RMS administrative arrangements to ensure that both outstanding rates and rates due in the current financial year are paid up as part of the contracted settlement for partial property acquisitions.  Council also resolved to request the RMS to pay the balance of rates payable on any of the properties they acquire.

 

A matter of concern to Nambucca Shire Council is the practice of the RMS not to obtain Section 603 Certificates which indicate the outstanding rates on the land which may be owed to Council.  In one instance this has resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same time that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and Council is proceeding with an action to sell the property for unpaid rates. 

 

More recently, Council has received representations from Mr Noel and Mrs Joy Sheather of Old Coast Road, Macksville and Mr Barry McIlwain of River Street, Macksville concerning the contracts they entered into with the RMS for the partial acquisition of their respective properties.

 

An extract of their contract with the RMS provides that the vendor is to pay all rates, taxes and outgoings up to and including the completion date (this includes the payment in full of the quarterly installment of rates and charges for the period including the completion date) but is silent as to who is responsible for the payment of rates for the balance of the year.

 

Council has been advised that the settlement for the partial acquisition of the Sheather property occurred on 12 December 2013 and settlement for the partial acquisition of the McIlwain property occurred on 17 December 2013.  Both the Sheathers’ and Mr McIlwain advised Council that they would not pay either installment as they do not believe they are liable and further, that the valuation of their land post acquisition diminished and even if they are liable for the rates they should not be liable for the same amount given the diminished valuation.

 

2

 

The Hon Duncan Gay MLC

Minister for Roads

19 November 2014

 

 

Nambucca Shire Council is concerned that issues with the payment of rates associated with partial acquisitions by the RMS continue to occur when they could be simply resolved by contractual arrangements which provide for all outstanding and levied rate payments to be paid on date of settlement.

 

Council does not accept the position of RMS staff that Council is just a “third party” creditor who they can have no particular regard to.  My understanding is that Nambucca Shire Council is a public authority operating under authority delegated by the NSW Government in the same way as Roads and Maritime Services.

 

My belief is that public authorities answerable to the State should be having regard for the respective interests of the other authority and in particular where relatively minor changes to the administrative process of one authority could provide substantial benefit to the other.

 

I look forward to your consideration of Council’s request.

 

 

Yours faithfully

 

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 


Ordinary Council Meeting - 12 March 2015

Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 



Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.6      SF841              120315         Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A particular issue with the proposed handover of the existing Pacific Highway is that this Council will become responsible for a disproportionate number of bridges and large culverts.  It is recommended that Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that these bridges and major culvert structures should remain state assets and not be handed over to Council.

 

 

Recommendation:

 

That Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain state assets and not be handed over to Council.

 

 

OPTIONS:

 

Council has options in relation to whether or not it makes representations in relation to the proposed handover of the Pacific Highway, the form of those representations and their timing.

 

DISCUSSION:

 

NSW Roads and Maritime Services (RMS) have announced their intention to hand over responsibility for the existing Pacific Highway to Nambucca Shire Council upon completion of the new upgraded highway which is currently under construction.  The proposed transfer of responsibility involves more than 30 kms of road and 14 bridges or major culvert structures.  Taking into account road and bridge lengths, this equates to more than 10% of Council’s existing sealed road and bridge infrastructure.

 

At Council’s meeting on 30 January 2014 it was resolved to advise RMS that as Council is unable to maintain and replace its existing infrastructure that it cannot afford the maintenance of additional roads and bridges.  The RMS then responded to Council by letter dated 28 February 2014 requesting that Council participate in the “handover process” or alternatively ongoing maintenance and liability would default automatically to Council, pursuant to the NSW Roads Act 1993.

 

Then at Council’s meeting on 13 March 2014 it was resolved that the RMS put to Council in writing a proposal for the road classification of the bypassed sections of the Pacific Highway, the proposed interchanges on the new highway, and the Macksville Bridge for its consideration.  It was also requested that the RMS put forward a proposal for a project handover funding package.

 

On 7 November 2014 the Mayor wrote to the General Manager of the Pacific Highway in relation to the Macksville Bridge and advising that Council would not accept responsibility for the bridge.  On 22 December 2014 the RMS responded agreeing with Council’s views that the existing bridge is a large and complex asset, and that it may be beyond the financial and technical capability of council to own, manage and maintain.  The RMS agreed to retain ownership and management responsibility for the Macksville Traffic Bridge, subject to Council’s agreement to play a minor role in the ongoing management of the bridge.  This minor role is for Council to agree to maintain the bridge “running surface”.  This involves the clearing/cleaning of objects from the road and walkway surface for the full length of the bridge including the walkway and approach spans.  The RMS proposed that these arrangements be formalised in the handover process.

 

In December 2014 the Council made representations to the Member for Oxley and also to the NSW Premier requesting that the RMS put forward a proposal for a project handover funding package.  The letter also requested their support for the appointment of an independent authority to determine the funding package to be provided by the RMS to Council for the maintenance of the old (bypassed) Pacific Highway.  Concern was expressed that the RMS has a significant conflict of interests in being both the sole determining authority of the funding package whilst at the same time having the opportunity to cost shift maintenance responsibility for road and bridge assets from its budget to Council’s.  It was suggested that IPART be the determining authority.

 

The Minister for Roads and Freight, the Hon. Duncan Gay has responded to Council’s letter about the transfer of assets and his letter is attached.

 

The Mayor raised further questions and concerns about the handover process in a letter to the RMS dated 14 January 2015.  That letter is attached.

 

The RMS General Manager Pacific Highway replied to the Mayor’s letter on 24 February 2015 and that letter is attached.

 

On 26 February 2015 the Council met with representatives of the RMS to discuss the process for the handover of the old highway.  The Council learnt that the funding package for the road would be based on specified maintenance work (larger specific maintenance treatments such as resurfacing or pavement rehabilitation) over a 10 year period.  If the road was determined to have a regional road classification then the funding package would be discounted by 50% for specified maintenance for years 6 to 10.  According to the minutes of handover meeting held on 24 November 2014 a list of asset information is to be available to the next meeting to be held on 23 March 2015.

 

As mentioned at the meeting on 26 February 2015 a particular issue for this Council with the handover is that the 30 kilometres of existing highway has a disproportionate number of bridges and large culverts.  Whilst the RMS is yet to identify these bridges and culvert structures and provide condition reports, they include from south to north:

 

1.       Bridge over Warrell Creek at timber mill

2.       Bridge over railway line (ARTC responsibility to be confirmed)

3.       Culvert structure

4.       Bridge over Warrell Creek near Scotts Head Road

5.       Macksville Bridge (accepted as a State Asset subject to Council maintaining running surface)

6.       Bridge over Newee Creek

7.       Bridge over Watt Creek

8.       Bridge over Teague Creek

9.       Bridge over Bellwood Creek

10.     Bowraville Road overpass

11.     Bridge over railway line (ARTC responsibility to be confirmed)

12.     Major culvert over Boggy Creek

13.     Major culvert over Cow Creek

14.     Bridge over Deep Creek

15.     Culvert structures over Oyster Creek

 

Many of these bridges are very large structures and well beyond the capacity of this Council to fund individually let alone collectively.  Accordingly it is recommended that Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that these bridges and major culvert structures should remain state assets and not be handed over to Council.

 

CONSULTATION:

 

There has been consultation with Manex.  The Council has also discussed the handover with the RMS at a meeting on 26 February 2015.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no particular social issues.

 

Economic

 

There are no economic issues.

 

Risk

 

The report concerns the unacceptable risk to Council’s financial sustainability presented by the proposed handover of the old Pacific Highway and particularly its bridge and culvert structures. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed handover of the old Pacific Highway will have a profound effect on Council’s future budgets. 

 

Notwithstanding that Council has to present its Fit for the Future response by 30 June and also have adopted a 10 year financial plan by the same date, the RMS is yet to supply any asset information in relation to the roads and bridges to be handed over.  Consequently Council is unable to determine replacement costs, useful life and the applicable depreciation.  Of particular concern are the number and size of the bridges and culvert structures to be handed over.  The three largest bridges alone are likely to have replacement costs in 2015 dollars exceeding $10m each.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage the resourcing/staff implications relate to lobbying activities.

 

Attachments:

1

5677/2015 - Minister's Response

 

2

6711/2015 - Pacific Highway handover

 

3

1096/2015 -  Pacific Highway—Warrell Creek To Nambucca Heads Upgrade - Mayor's Response

 

  


Ordinary Council Meeting - 12 March 2015

Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets

 



Ordinary Council Meeting - 12 March 2015

Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets

 






Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.7      DA2014/158      120315         Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

Development application DA2014/158 for a shooting range at Lot 262 DP 755549, 132 Morans Road, Missabotti was lodged on 25 September 2014.  As a result of there being insufficient information submitted with the development application for Council to give proper consideration to the proposal, additional information was requested from the applicant on 22 October 2014.

 

The originally specified period of time for the applicant to submit the requested information was extended to ensure a reasonable period to submit the information was provided.  On 15 January 2015, the applicant lodged some of the requested information.  After assessment of the information submitted, it was still evident that sufficient information was not available for Council to give proper consideration to the proposed development.

 

As such, on 22 January 2015 Council provided the applicant with the opportunity to submit the requested information before 21 February 2015 (30 days) or withdraw the application, otherwise Council would refuse the application.

 

To date, the requested information has not been received and it is recommended that Council refuse the development application.

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, refuse consent for Development Application 2014/158 for a recreation facility (outdoor) at Lot 262 DP 755549 because:

1.   Sufficient information has not been submitted with the development application for Council to give it proper consideration under the following sections of the Environmental Planning and Assessment Act 1979:

·    Section 5A

·    Section 79BA

·    Section 79C (1) (a) (i)

·    Section 79C (1) (a) (iii)

·    Section 79C (1) (b) (c) (e)

·    Section 91A (2)

·    Section 79A

2.   In accordance with clause 54 (6) of the Environmental Planning and Assessment Regulation 2000, the applicant is taken to have notified the consent authority that the information will not be provided.

 

OPTIONS:

 

(a) Refuse consent to the development application.

 

(b) Grant additional time for the applicant to either provide the requested information or withdraw the application, and provide delegation to staff to refuse the application if either of the options are not satisfied within the additional time specified by Council.  If additional time is provided it is recommended that Council specify the period of time.

 

 

DISCUSSION:

 

Development application DA2014/158 was lodged on 25 September 2014.  The proposed development is a recreation facility (outdoor) which includes the construction of a 16 bay shooting range on Lot 262 DP 755549, 132 Morans Road, Missabotti.  The development site is located within an intermittent first order watercourse, is surrounded by steep terrain and thick forest vegetation, and is accessed via a 950m (approximately) long internal track from the end of Morans Road.  The site is also located within Councils drinking water catchment.

 

Having regard to the location of the development, the potential impacts on the natural and social environments due to the nature of the development, and the lack of detail submitted with the application; additional information was requested from the applicant on 22 October 2014 (see letter in attachment 2). This information was requested to enable Council to properly consider the development application in accordance with the Environmental Planning and Assessment Act 1979 (the Act).

 

At Council’s meeting on 30 October 2014 it was resolved that the application be called in for determination by Council and that Council undertake an inspection at an appropriate time.

 

After several meetings with the applicant and members of the gun club regarding the requested additional information, and extensions in the time period provided for the submission of the information, the applicant submitted some of the information on 15 January 2015 (refer to attachment 3).

 

After an assessment of the information submitted, it was evident that the applicant had not addressed a number of the matters raised in Councils original request for information on 22 October 2014 and that the majority of information submitted insufficiently addresses the matters raised.

 

This resulted in another letter being sent to the applicant on 22 January 2015 which outlined the outstanding information required to enable an adequate assessment of the application to be undertaken in accordance with the Act (see letter in attachment 4). Please note that this letter provided the applicant with the opportunity to submit the information before 21 February 2015 (30 days) or withdraw the application, otherwise Council would refuse the application.

 

On 8 February 2015 Council received a letter from the applicant (attachment 5) which indicated that they do not anticipate submitting the information within the specified period. The applicant also requested that Councillors and staff meet them on site to enable them to explain the proposal and discuss the requested information. A response was provided to this letter on 9 February 2015 (attachment 6) where it was acknowledged that the applicant did not intend to submit the requested information within the specified period. The applicant was informed that the application would be referred to this Council meeting, with notification of any site inspection and meeting times to be provided under separate cover.

 

At its meeting on 12 February 2015, Council resolved “that Council staff, once the timeframe has expired and the requested information has not been provided, provide the applicant with the opportunity to withdraw the application otherwise it will be put to Council with a recommendation for refusal”.

 

The applicant has not submitted the requested information before the specified period and has not withdrawn the application as requested in Councils letter dated 22 January 2015. As such, it is recommended that Council refuse the development application due to a lack of information.

 

Please note that the proposal is integrated development under section 91 of the Act due to the proposed works within a watercourse. As such, Council is currently unable to grant development consent because general terms of approval have not been obtained from the NSW Office of Water (NOW) in accordance with section 91A (2) of the Act and the application is yet to be advertised in accordance with section 79A of the Act. The application is yet to be referred to NOW or re-advertised due to the lack of information provided by the applicant as identified in Councils letter within attachment 4.

 

Having regard to the above, without the submission of the requested information it is not considered that Council can undertake an accurate or lawful assessment of the proposed development, as it is required to under the Act, with regards the following:

 

·   Section 5A - The nature of the proposed development has the potential to impact on the movements of fauna within the immediate vicinity of the site. Without the assessment of the site and its surrounds by a suitably qualified person, the potential impacts are unknown.

 

·   Section 79BA – A bushfire report is required to assist in determining the proposals compliance with Planning for Bushfire Protection 2006.

 

·   Section 79C (1) (a) (i) – Without adequate detail which demonstrates that the proposal will not result in any lead contamination, the proposed development cannot be considered to be consistent with an objective of the RU2 Rural Landscape zone which is ‘to control development which could have an adverse impact on the Councils urban water supply’. Furthermore, with the location of the development and the associated catchment and terrain of the surrounding area, further detail is required regarding the potential flooding of the site and its vehicular access for consideration of the proposal under clause 7.3 of the Nambucca Local Environmental Plan 2010.

Without a satisfactory report prepared in accordance with Part 2 of the State Environmental Planning Policy No 44 – Koala Habitat Protection, Council cannot grant development consent.

 

·   Section 79C (1) (a) (iii) – The location of the development within a watercourse requires sufficient detail to assess potential stormwater flows and sediment impacts to justify varying clause F1.3.4 of the Nambucca Development Control Plan 2010.

 

·   Section 79C (1) (b) (c) (e) - The likely impacts of the development on the natural environment, potential social and economic impacts in the locality, suitability of the site for the development, and the public interest cannot be adequately assessed.

 

·   Section 91A (2) – General terms of approval have not been obtained from the NSW Office of Water (NOW) and will not be provided until the additional information is received and assessed by NOW.

 

·   Section 79A - The application is yet to be advertised in accordance with section 79A of the Act. Any re-advertisement of the application should be done when all fees have been paid to Council and sufficient information is available for the public to comment on.

 

 

CONSULTATION:

 

General Manager

Manager Development & Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The full extent of potential impacts cannot be assessed until the requested information is received.

 

Social

 

The full extent of potential impacts cannot be assessed until the requested information is received.

 

Economic

 

The full extent of potential impacts cannot be assessed until the requested information is received.

 

Risk

 

Nil.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

4556/2015 - Attachment 1 - Original DA Documentation

 

2

4555/2015 - Attachment 2 - First Additional Information Request

 

3

4553/2015 - Attachment 3 - Information Received on 15 January 2015

 

4

4552/2015 - Attachment 4 - Second Additional Information Request

 

5

4666/2015 - Attachment 5 - Applicants Request for Meeting

 

6

4667/2015 - Attachment 6 - Response to Applicants Request for Meeting

 

  


Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 




















Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 




Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 


































Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 




Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 


Ordinary Council Meeting - 12 March 2015

Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

 


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.8      SF1148            120315         Council Ranger's Report February 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 February 2015.

 

Recommendation:

 

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

 

 

 

CATS

DOGS

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

3

Abandoned or Stray

0

14

Surrendered

0

0

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

0

17

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

4

Sold

0

3

Released to Organisations for Rehoming

0

1

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

1

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

0

1

Total Outgoing Animals

0

10

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

0

7

 

 

FEBRUARY 2015

PARKING & OTHER

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE SENT

BV-34-CY

3106925791

No Stopping

242.00

3/02/2015

BH-02-TK

3106925800

No Stopping

242.00

3/02/2015

UEK-561

3106925755

No Stopping

242.00

3/02/2015

VFR-587

3106925829

Park longer than permitted

104.00

3/02/2015

AGD-09B

3106925838

Park longer than permitted

104.00

3/02/2015

BJ-43-XA

3106925847

Park longer than permitted

104.00

3/02/2015

BVZ-25Y

3106925856

Park longer than permitted

104.00

3/02/2015

ZB-18-BJ

3106925865

Park longer than permitted

104.00

3/02/2015

AIF-85H

3106925874

Park longer than permitted

104.00

3/02/2015

CA-26-JT

3106925883

No Parking (School zone)

173.00

3/02/2015

BR-00-WE

3106925892

No Parking (School zone)

173.00

3/02/2015

AC-13-DG

3106925910

No Parking (School zone)

173.00

3/02/2015

AXK-84J

3106925901

No Parking (School zone)

173.00

3/02/2015

BR 33 SH

3106925948

No Parking

104.00

12/02/2015

BDY-06T

3106925975

No Disabled permit displayed

519.00

18/02/2015

BN-64-YN

3106925966

No Parking (School zone)

173.00

4/02/2015

AKX-25S

3106925957

No Parking (School zone)

173.00

4/02/2015

BK-01-EW

3106925984

Park longer than permitted

104.00

25/02/2015

 

 

TOTAL VALUE OF PENALTIES:

3115.00

 

 

 

FEBRUARY  2015

COMPANION ANIMALS

MICROCHIP

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE SENT

941000016202825 

3106925920

#81562 - Own dog that attacks

550.00

3/02/2015

 

3106925939

#81562 - Own dog that attacks

550.00

3/02/2015

 

 

TOTAL VALUE OF PENALTIES:

1100.00

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.9      SF2038            120315         Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 February to 4 March 2015

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

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

 

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

Please note that there are no unresolved Development Applications in Excess of 12 months old.

 

TABLE 2: DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2014/158

24/09/2014

Recreation Facility (Outdoor): Shooting Range

Lot 262 DP 755549, 132 Morans Road, Missabotti

SUBMISSIONS RECEIVED/STAFF COMMENTS

66 public submissions have been received (3 late submissions) – 36 oppose the proposal and 30 support it.

 

Opposing submissions

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

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

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

·    Potential pollution to waterways and land due to lead contamination

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

·    All of Missabotti should be notified

·    Influx of armed strangers to the area a concern – Council should not be supporting the proliferation of guns

·    Negative effect on real estate values

·    Area is not “free from fauna”

·    Property owner is not a local resident

·    Too many people will be using the shooting range

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

·    Stock in the area will be disturbed

·    Will make properties more difficult to sell

·    Area is rural-residential therefore development is inappropriate

·    Once established it may be expanded.

·    Will result in a loss of amenity

·    Independent EIS and sound tests required

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

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

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

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

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

·    Spent and unexploded ammunition may lead to land contamination issues

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

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

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

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

·    No economic or employment benefit to the Shire

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

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

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

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

·    Public has been inadequately notified

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

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

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

·    Out of character for the area

·    Proposed hours of operation will mean no respite for locals

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

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

·    How will theft of firearms/ammunition be prevented?

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

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

·    Concerns about using the range during high bushfire danger.

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

·    The site is a known breeding area for Black Cockatoos

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

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

·    Estimated number of people using the range is unstated.

·    Council needs to find out and consider

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

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

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

·    Firearms Registry Approval should be submitted

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

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

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

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

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

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

·    Will additional signage be put on Missabotti Road?

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

·    A hazard and risk report should be prepared

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

·    Closest medical facilities are 30 minutes away

·    A community meeting should be held in Missabotti Hall

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

·    Facility does not meet the RU2 zoning objectives

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

·    Children walk along and ride their bikes on the road

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

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

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

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

·    Construction materials will make the noise issues worse

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

·    Does not comply with requisite legislation

·    There is no stormwater management plan

·    Does not comply with the objectives of the NLEP2010

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

·    Sound of gunfire will lead to stress for residents.

·    No economic benefit for people living in Missabotti.

 

Supporting submissions

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

·       Encourage others to join the sport

·       Support juniors by giving them safe training

·       Keeps local shooters in the Valley

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

·       Bring competitions to the Valley

·       Support and encourage a sustainable, legitimate, family sport

·       Will help the club to grow their membership

·       Reputable organisation that adheres to strict safety rules

·       No complaints from their activities in Gumma

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

·       Only lantana at the site

·       Noise will be muffled by surrounding bushland

·       Proposal meets all requirements so it should be approved.

·       The use of firearms is strictly controlled at these facilities

·       A well-planned alternative to Gumma

·       The remote positioning won’t impact their cattle property

·       Club has wide community support

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

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2014/212

24/12/14

Residential Flat Building

Lot 81 DP 548071, 11 Ridge Street, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Four public submissions have been received – all raise similar concerns

 

·        Stormwater/drainage from Woods Lane needs to be rectified

·        Woods Lane should be upgraded if the DA is approved due to the greater volume of traffic it will attract

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.10    SF2038            120315         2015 February - 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 February 2015 as at 5 March 2015.

 

Recommendation:

 

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

 

 

Attachments:

1

6770/2015 - 2015 February - Development Applications and Complying Development Applications Received

 

  


Ordinary Council Meeting - 12 March 2015

2015 February - Development and Complying Development Applications Received

 



Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.11    SF2038            120315         2015 February - 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 February 2015 as at 5 March 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

6773/2015 - 2015 February - Construction and Complying Development Certificates  Approved

 

  


Ordinary Council Meeting - 12 March 2015

2015 February - Construction And Complying Development Certificates Approved

 




Ordinary Council Meeting                                                                                                  12 March 2015

General Manager's Report

ITEM 9.12    SF309              120315         Bowraville Folk Museum Inc. - Charitable Status

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council remove its caveat to provide a first option to take the Bowraville Folk Museum back for its transfer price in the event that the Incorporated Association is wound up or seeks to transfer the property.

 

 

OPTIONS:

 

Council has the option of not lifting the caveat which means that the Bowraville Folk Museum Inc. will not be able to be registered as a charity.

 

DISCUSSION:

 

The transfer of the Bowraville Folk Museum to the Bowraville Folk Museum Inc. was completed on 17 December 2015.  This followed a resolution of Council on 24 April 2014 to transfer ownership subject to conditions.  The reason for the delay in completing the transfer was that a protracted period of submissions and negotiation was required to satisfy the Office of State Revenue that the transaction (the transfer) was for a charitable purpose and therefore exempt from stamp duty.  Otherwise Council would have been liable for stamp duty of around $20,000.  In the end a change to the Incorporated Association’s constitution satisfied the Office of State Revenue and an exemption was provided.

 

The resolution of Council on 24 April 2014 was as follows.

 

1        That Council transfer ownership of the Bowraville Folk Museum to the Bowraville Folk Museum Inc. with legal agreement/s to incorporate the following:

 

·      Council to pay all the legal costs, stamp duty, GST etc associated with the transfer of ownership

·      Council to pay a “one off” $5,000 for annual fixed charges for water and sewerage

·      Council to pay $22,000 (excluding GST) for building repairs

·      That Council have the first option to take the property back for its transfer price ($0) in the event that the Bowraville Folk Museum Inc. is wound up or seeks to transfer the property.

 

2        That Council’s seal be affixed to the legal documents as required.

 

3        That Council continue with its assistance to the Museum through its Grants Officer and other programs.

 

The Council’s resolution aligned with the conditions put forward by the Incorporated Association being:

 

1.       Council pays all the legal costs, stamp duty, GST etc associated with the transfer of ownership

2.       Exemption from rates

3.       Council pay by way of donation fixed charges for water and sewerage

4.       Council undertakes a dilapidation report to identify any repairs and maintenance required to the buildings and undertake any repair work as a condition of any handover of ownership

5.       Council continue in its assistance of the Museum through its Grants Officer and other programs which may run from time to time, an example being the recently concluded Museum Advisor Program in conjunction with Museums and Galleries.

 

In relation to rates it was reported that as a charity, the Incorporated Association would be exempt from the payment of rates.

 

On 21 January 2015, following the completion of the settlement, Council’s Rates Officer advised the Bowraville Folk Museum Inc. that future rating would be on the basis of business, unless the entity has charitable registration and can provide supporting documents to attest to this.

 

Subsequent to this I have assisted the Incorporated Association in making application to the Australian Charities and Not-for-profits Commission (ACNC) for registration as a charity.

 

For legislative reasons, the ACNC refuse to accept the Incorporated Museum as a charity whilst ever Council has first option to take the property back for its transfer price ($0) in the event that the Incorporated Association is wound up or seeks to transfer the property.  They insist that for the Incorporated Association to be a charity that any surplus assets go to another organisation with similar objects/purposes which is not carried on for the profit or gain of members and that is non-government.

 

So as to avoid breaching the condition put forward by the Incorporated Association being an exemption from rates whilst satisfying the ACNC that the Incorporated Association is a charitable body, it is recommended that Council remove its caveat to provide a first option to take the property back for its transfer price.

 

CONSULTATION:

 

There has been consultation with the ACNC and also with the Bowraville Folk Museum Inc.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implciations.

 

Economic

There are no economic implications.

 

Risk

There is a risk that if the Incorporated Association was to be wound up for any reason that the Folk Museum collection may not remain in the Nambucca Valley.  This risk has to be balanced against the cost to the Association of having to pay business rates into the future.  Whilst Council could simply provide an annual donation to the Association equivalent to the rates they pay the Association should obtain charitable status to assist with its endeavours.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no budgetary impact.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

There has been staff time involved in making application to the ACNC.

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                  12 March 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF544              120315         Developer Contributions Plan Review: Surf Life Saving Clubs

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The Surf Life Saving Facilities and Infrastructure Developer Contributions Plan, with an updated works schedule from 2015 is presented for approval to go on public exhibition for 28 days, as required under the Environmental Planning and Assessment Act, 1979.

 

 

RecommendationS:

 

That Council approve the 28-day public exhibition of the Draft Surf Life Saving Facilities and Infrastructure Developer Contributions Plan – works schedule 2015.

 

 

OPTIONS:

 

The only option is for Council to defer public exhibition of the draft plan in order for required changes to be made. 

 

 

DISCUSSION

 

Surf Life Saving Facilities and Infrastructure Developer Contributions Plan – Works Schedule 2015

 

The current Surf Life Saving Club Developer Contribution Plan requires an updated works schedule as the previous works schedule was completed in 2012. An interim works schedule was developed at that time, while planning reforms were underway. There is now a need for a new five-year works schedule. This schedule has been developed following consultation with both surf lifesaving clubs.

 

Following the public exhibition period and the incorporation of required changes, the final plan will be presented to Council for approval and will be effective from that date.

 

 

CONSULTATION:

 

General Manager

Macksville Scotts Head Surf Life Saving Club

Nambucca Heads Surf Life Saving Club

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are no social impacts associated with this report.

 

Economic

 

There are no economic impacts associated with this report.

 

Risk

 

There are no risks associated with this project.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on current or future budgets.

 

Source of fund and any variance to working funds

 

Section 94 Developer Contributions.

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

1

6051/2015 - Surf Lifesaving Contributions Plan - updated works schedule Feb 2015

 

  


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

Section 94 Developer Contribution Plan: 02/2007

Surf Life Saving Facilities and Infrastructure

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


November 2007


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

Table of Contents

 

Executive Summary                                                             3

 

Introduction                                                                         4

Text Box: PART A

A.1         Name of this Contribution Plan                                        5.

 

A.2         Purpose of this Contribution Plan                                    5.

 

A.3         Land to which this Contribution Plan Applies                    5.

 

A.4         Development to Which this Contribution Plan Applies                6.

 

A.5         Relationship to Other Plans                                             6.

 

A.6         Performance Review of this Contribution Plan                            6.

 

A.7         Date of Commencement                                        6.

 

A.8         Life CyText Box: PART  B 											cle of Plan                                                  6.

    

B.1         Operation of the Contribution Plan                                   7.

 

B.2         The Contribution Formulae                                               7.

 

B.3         When Contributions are Payable                                                9.

 

B.4         Exemptions and Deferments                                           9.

 

B.5         Infrastructure and Facility Provision Schedule                            9.

Text Box: PART C

C.1         Nexus                                                                            10.

 

C.2         Causal Nexus                                                                 10.

 

 

Text Box: PART D											         

D.1         Base Contribution Rates                                        12.

 

D.2         Works Schedule                                                    13.

 

D.3         Contribution Catchment Plan                                           14.

 


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

EXECUTIVE SUMMARY

 

 

This Contribution Plan has been prepared with the express purpose of authorising Council to impose a contribution on specified development under s.94 of the Environmental Planning and Assessment Act 1979 for the provision of additional surf life saving infrastructure as a result of increased incoming population demands.

 

Over the 5 year period 2007 –2012 the population of the Shire is expected to increase at 2% annually, due to an incoming population, and which is expected to be focused on established coastal and near coastal communities.

 

As a consequence of this anticipated development, additional surf life saving infrastructure and services will be required at the Shires beaches to manage increased patronage.

 


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

INTRODUCTION

 

 

S94 Developer Contributions Plan: Surf Life Saving

 

Section 94 of the Environmental Planning and Assessment Act 1979 permits local Councils to authorise the imposition of a developer contribution towards public facilities and/or infrastructure where it can be demonstrated that the subject of the development application will create additional demand on existing facilities and / or infrastructure through increases in population whether these increases be of a temporary or permanent nature.

 

Contributions may be imposed on any development type that clearly places a burden on existing facilities and infrastructure through increased demand. Residential, and tourist development types which intensify the use of a site, either through new development on greenfield sites, or new infill development within established urban areas may be subject to a contribution towards the provision of new and / or upgraded infrastructure and facilities to meet additional population demand.

 

A development contribution under s.94 can only be imposed where a s.94 developer contribution plan is in place as an adopted Council instrument, and complies with the legislative conditions of s.94. The contribution plan must meet specific minimum criteria and prove a nexus between the development and the facility or infrastructure. The contribution plan must demonstrate the principles of reasonableness and fairness in the apportionment of costs associated with providing new facilities, guaranteeing that the fair share of cost is distributed according to demand.


PART A

 

 

A.1  Name of this Contribution Plan

 

This Contribution Plan is known as:

 

Nambucca Shire Council

Section 94 Developer Contribution Plan: Surf Life Saving Facilities and Infrastructure

 

A.2  Purpose of this Contribution Plan

            

This Contribution Plan is prepared in accordance with s.94 of the Environmental Planning and Assessment Act (1979)(the Act) and the Environmental Planning and Assessment Regulation 2000 (the Reg).

 

s.94 of the Act permits Council to place a condition on development consent that will require persons, corporations or any other organisation or body undertaking a specific development to make a monetary or in kind contribution towards the provision of public infrastructure and facilities that are identified to meet the needs of the community as a result of increased demand due to that development.

 

This Contribution Plan has the following aims and objectives:

 

§ To make the case and prove the nexus between expected demand for surf life saving facilities and infrastructure, and increases in population due to new residential and tourist development.

 

§ To determine an equitable and fair contribution rate for the provision of Surf Life Saving facilities and infrastructure within the Shire

 

§ To guarantee the existing community is not financially burdened by the need to provide additional surf life saving infrastructure and facilities as a response to increased population demand due to new residential or tourist development

 

§ To formulate a comprehensive and definitive strategy for the assessment, collection, accounting, expenditure, reporting and review of developer contributions imposed for surf life saving facilities and infrastructure.

 

§ To develop a schedule of provision, identifying facility and infrastructure type and threshold / benchmark for delivery

 

A.3  Land to Which this Contribution Plan Applies

            

This Contribution Plan applies to land indicated within the boundaries indicated at D.3: Contribution Catchment Plan.


 

 

A.4  Development to which this Contribution Plan

Applies

 

This Plan applies to all development occurring within the area identified as the Contribution Catchment at A.3, and which requires a development application to be submitted to Council and which is subject to payment of a Developer Contribution.

 

For the purpose of this Plan, development subject to a Contribution is:

 

§ All new residential development

§ All new tourist development

§ All existing residential housing and tourist accommodation where intensification of use will result in additional demand.

 

A.5  Relationship to Other Plans

 

This Contribution Plan replaces Nambucca Shire Council s.94 Contribution Plan Surf Life Saving Equipment Amendment 5 (1999)

 

This Contribution Plan supports and supplements Nambucca Shire Councils Local Environment Plan (LEP) 1995.

 

A.6  Performance Monitoring and Periodic Review of

this Plan

 

This Contribution Plan is based on specific assumptions concerning predicted levels of development within the Contribution catchment over the defined life cycle of the Plan. The Life Cycle is deemed to be no greater than 5 years from the date of commencement.

 

The Performance of this Plan will be assessed on meeting the objectives outlined in A.2 within the time frame identified in the Schedule of Provision.

 

Performance on meeting these objectives is subject to the predicted development levels within the contribution catchment being achieved. Greater or lesser variance on the assumed level of development will result in provision benchmarks being subject to periodic review.

 

A.7  Date of Commencement of this Plan

 

This Contribution Plan was placed on Public Exhibition on [xxxx] and adopted by Nambucca Shire Council on [xxxx].

 

The Plan is effective from [xxxx], the date of Notification of Adoption was published in local newspapers.

 

This Plan applies to all Development Applications determined on or after this date.

 

A.8  Life Cycle of this Contribution Plan

 

          This Plan has a Life Cycle of five (5) years from the date of commencement.


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

PART B

 

 

B.1  Operation of the Contribution Plan

 

In the determination of a Development Application, a condition may be imposed by Council requiring a monetary contribution according to the provisions of this Contributions Plan. The Plan applies to all development that will create an increased demand for Surf Life Saving facilities or infrastructure within the Shire.

 

B.2  The Contribution Formulae

 

In order to calculate the Contribution Rate to meet the cost for additional surf life saving facilities and infrastructure due to increased population demand the following assumptions are made.

 

Over the five (5) year period 2007 – 2012 the population of the Shire is expected to increase at a rate of approximately 2% annually, growing from a population base of approximately 18 800 persons to 20 775 persons. The increase in population is not expected to be equally distributed across the Shire. The following Table indicates the expected population growth across Contribution Catchment 1 and 2.

 

Table B.2.1 Population Growth Trends 2007 - 2012

 

Nambucca Heads SLSC

 

Catchment                  2007           2012           Variance    

Nambucca Heads              12 032                         13 283                         + 1 251                       

 

Scotts Head – Macksville SLSC

 

Catchment                  2007           2012           Variance    

Macksville                3 629               3 991               + 360              

Scotts Head                         1 632               1 795               + 163              

 

 

The Contribution Rate is formulated as:

 

 

 

      Total Cost of Provision

Rate  =         ----------------------------------------------------------------------------------     X Apportionment %

                                   New Population

                                       (per SDU1)

                                  

(1.) Standard Development Unit (SDU) equivalent one standard dwelling / 2.8 persons

 

Apportioned Costs

 

The apportioned cost is defined as that part of the cost to be borne by the incoming population, through s.94 contributions, for additional facilities or infrastructure required to meet increased demand on existing and established services. The apportioned cost takes into account the likelihood that any new facilities or infrastructure provided within an established population will be shared by the existing population, and as such, costs should be shared proportionally.

 


 

 

The overall assumed increase in population during the period 2007 – 2012 is expected to be 1 955 persons (700 lots adjusted where a standard occupancy of 2.8 persons / lot is assumed).

 

The apportionment factor is calculated as 0.34

 

Contribution Base Rates

 

The Base Per Person Contribution Rate is calculated as:

 

            $185 400

Base Contribution Rate   =            ------------- X 0.34

           1 955

 

=          $32.24 per person

                                  

 

Based on the current occupancy rates per dwelling/lot the contribution rates for additional facilities and infrastructure are listed in Table B.2.2 below

 

Table B.2.2

Adjusted Base Contribution Rates

Shirewide Contribution Catchment

New Lot Subdivision2    2.8 persons  $90.00

One (1) bedroom 1.6 persons  $52.00

Two (2) bedroom 2.0 persons  $65.00

Three (3) bedroom        2.8 persons  $90.00

Tourist Accommodation          per bed       $32.00

 

 (2.) Applies to all urban, rural residential and small lot rural subdivisions

 

For the purposes of this Plan, a residential lot (2.8 persons) is any lot that is created which has an entitlement to erect a dwelling and includes rural subdivisions.

 

One Bedroom and Two Bedroom entitlements incorporate medium density developments where residential development has a density greater than 1 dwelling per 400m2 and includes dual occupancy, residential flats, apartments, duplexes, cluster housing, integrated housing and mobile home parks.

 

Contribution Rates for new tourist and holiday accommodation is based on a per bed rate Based on the current occupancy rates per dwelling/lot the contribution rates

 

 


 

 

B.3  When Contributions are Payable

 

§ Where the Contribution relates to Development Applications involving Subdivision the Contribution is payable prior to the release of the Subdivision Certificate.

 

§ Where the Contribution relates to Development Applications involving Building Approvals, the contribution is payable prior to release of the Building Construction Certificate.

 

§ Where the Contribution relates to Development Applications where no building approval is required, the Contribution is payable prior to occupation or use.

 

B.4  Exemptions and Deferments

 

There are no exemptions from this Contribution Plan.

 

Council will consider in certain circumstances the deferred payment of Contributions subject to the following conditions:

 

i.  Lodgement of a Bank Guarantee or Deed of Agreement for the amount of contribution payable;

 

ii. The maximum period of Deferment is twelve (12) months,

 

iii. Interest is charged on all deferred payments and is to be calculated and included into the Bank Guarantee, and this will represent the amount payable at the completion of the period,

 

iv.                     In the event that the outstanding contribution including interest has not been paid at the completion of the deferment period, Council will call in the Bank Guarantee or Deed without further reference to the applicant

 

B.5  Infrastructure and Facility Provision Schedule

 

s.94 contributions collected under this plan are authorised only for the following facility, infrastructure or services provision:

 

§ As described at Schedule D.2

 

 

 


PART C

 

 

C.1        Nexus

 

Surf Life Saving Clubs form an essential and valuable emergency service for the residents and visitors to the Nambucca Shire Coast. The beauty and accessibility of the Shire’s beaches have made them a popular holiday destination for residents and non-residents of the Shire.

 

The natural beauty of the coastline, and the proximity to the townships of Nambucca Heads, Macksville and Scotts Head has contributed to the continuing growth in the permanent residential population.

 

The Shires two (2) Surf Life Saving Clubs, Nambucca Heads SLSC and Macksville – Scotts Head SLSC, are both volunteer clubs affiliated with Surf Life Saving NSW and are responsible for patrol and rescue services at Nambucca Heads and Scotts Head beach’s.

 

Nambucca Shire Council has long regarded the Clubs as providing an important community service in safeguarding and protecting visitors and residents using the Shire’s beaches.

 

The predicted growth trends for the Shire indicate a substantial increase in the permanent residential population in the key catchments of Nambucca Heads, Macksville and Scotts Head which will directly contribute to an increased demand on surf life saving facilities, infrastructure and human resources. Continued growth in the tourist sector with increased overnight and long stay accommodation availability will place further demand on services during peak holiday seasons.

 

The nexus between the provision of surf life saving facilities and infrastructure as a peak community need, and the continued increasing demand for those facilities and infrastructure to be made available to service the needs of the existing and incoming populations can be clearly demonstrated.

 

C.2        Causal Nexus

 

Causal nexus requires the demonstration that the need for a facility, infrastructure item or service being subject of the Contribution, is a direct result of the subject development.

 

The core catchments likely to contribute the greatest future demand for services are those within the immediate coastal development zone, with lesser demand from hinterland and upper valley communities due in most part to travel distance. While the area and geographic nature of the Shire is such that all members of the community have the opportunity to share in the services and facilities of the Shires SLSC at some time.

 

It has been detailed in Part B.2 of this Plan that the coastal communities, of Nambucca Heads, Macksville and Scotts Head are


 

 

expected to achieve a nett growth of 1 966 persons in the permanent residential population over the life cycle of this plan, 2007-2012.

 

As at the commencement date of this Contributions Plan [xxxx] the existing surf life saving facilities and infrastructure in Nambucca Shire, directly servicing a permanent population of 18 800 people, are the Nambucca Heads SLSC: and Macksville – Scotts Head SLSC.

 

Surf Life Saving Clubs – Facilities and Infrastructure

 

Both Surf Life Saving Clubs operating in the Nambucca Shire are volunteer organisations affiliated with the NSW Surf Life Saving Association. The ongoing sustainability of the clubs and their ability to provide rescue and emergency facilities and services into the future is to a large part reliant on funding from State and Local Government, community service organisations and the Surf Life Saving Association.

 

Costs associated with the provision of these facilities continue to rise, and unlike most community services where the provision of infrastructure and facilities is more permanent and definable, the provision of emergency services are by there very nature difficult to measure and quantify in similar terms.

 

Over the next five (5) years it is anticipated that the annual combined costs of each club may be in the order of $37 000 /yr. Under this Contribution Plan 34% of the cost associated with provision of equipment infrastructure will be met by section 94 contributions.



PART D

 

 

D.1        Base Contribution Rates

 

      Adjusted Base Contribution Rates

       Shirewide

      

Per person                                    $32.24

      

Adjusted

New Lot Subdivision2 2.8 persons  $90.00

One (1) bedroom        1.6 persons  $52.00

Two (2) bedroom        2.0 persons  $65.00

Three (3) bedroom      2.8 persons  $90.00

Tourist Accommodation       per bed       $32.00

 


Ordinary Council Meeting - 12 March 2015

Developer Contributions Plan Review: Surf Life Saving Clubs

 

PART D

 

 

 

D.2  Infrastructure Cost and Delivery Schedule 2015-2020

 

 

Year

 

 

Item

 

Location

 

Description

 

Item Cost

 

2015/2016

 

 

 

 

 

 

 

 

 

 

1.

 

2.

 

 

 

3.

 

 

4.

 

 

MSHSLSC

 

NHSLSC

 

 

 

NHSLSC

 

 

NHSLSC

 

1 x IRB Motor

 

Provision of heavy duty safe storage fuel cabinet

 

2 x Hytera Radio – hand held

 

1 x IRB Motor (partial payment

 

 

$3200

 

$2000

 

 

 

$1390

 

 

$4700

 

 

2016/2017

 

5.

 

 

6.

 

 

7.

 

 

MSHSLSC

 

 

NHSLSC

 

 

NHSLSC

 

1 x All Terrain Vehicle (partial payment to replace existing)

 

2 x Rescue Board - Soft

 

 

3 x Rescue Tubes

 

 

 

$8000

 

 

$3000

 

 

$300

 

 

 

2017/2018

 

8.

 

9.

 

10.

 

 

 

MSHSLSC

 

MSHSLSC

 

NHSLSC

 

 

 

1 x IRB Motor

 

1 x IRB Trailer

 

1 x 4WD vehicle (beach and road use, secondhand)

 

 

 

$3200

 

$5000

 

$9700

 

 

 

2018/2019

 

11.

 

12.

 

13.

 

14.

 

 

 

MSHSLSC

 

MSHSLSC

 

NHSLSC

 

NHSLSC

 

1 x First Aid Kit

 

2 x Rescue Board - Soft

 

2 x Rescue Board - Soft

 

6 x Portable First Aid Kit

 

$2000

 

$3000

 

$3000

 

$600

 

 

2019/2020

 

15.

 

16.

 

17.

 

 

 

MSHSLSC

 

MSHSLSC

 

MSHSLSC

 

NHSLSC

 

 

 

2 x Rescue Board - Hard

 

2 x Rescue Board - Soft

 

1 x ATV – Partial  Payment

 

1 x IRB  - Partial Payment

 

$4000

 

$3000

 

$8000

 

$12000

 

 

 


 

 

 

D.3  Contribution Catchment - Shirewide

 


Ordinary Council Meeting                                                                                                  12 March 2015

Corporate Services

ITEM 10.2    SF251              120315         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

Land Development Committee

12/03/2015

Council Chambers

1.00 pm

Ordinary Council Meeting

12/03/2015

Council Chambers

5.30 PM

Budget Workshop

19/03/2015

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                                                                                                  12 March 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1897            120315         Scotts Head Events Committee of Management AGM - 29 September 2014 - Minutes and Financial Statement

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Scotts Head Events Committee of Management held on 29 September 2014.  Copies of the Minutes and Treasurer’s report are attached

 

 

 

Recommendation:

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 29 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 Scotts Head Events Committee of Management was held on 29 September 2014.

 

The Committee of Management for 2014/2015 is:

 

President/Event Coordinator                         Tina Midson

Vice President                                             Nathan Evelyn

Joint Secretaries                                          Pip Midson/Simone Torelli

Safety Officer/Music Coordinator                 Gary Matley

Treasurer                                                     Pip Midson

Art Exhibition Coordinator                            Kristin Hardiman

Website/Marketing                                       Glen Schaefer

Media/Publicity                                            Elizabeth Bond

Committee Members                                    Jim Forbes, Rai Molki, Kate Peppercorn

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

5700/2015 - Minutes of Annual General Meeting

 

2

6302/2015 - Treasurer's report

 

  


Ordinary Council Meeting - 12 March 2015

Scotts Head Events Committee of Management AGM - 29 September 2014 - Minutes and Financial Statement

 

SCOTTS HEAD EVENTS COMMITTEE

MINUTES OF ANNUAL GENERAL MEETING HELD AT REC.HUT ON 29 SEPT  2014

 

 

ATTENDANCE

Tina Midson, Nathan Evelyn, Pip Midson, Gary Matley, Jim Forbes, Rai Molki, Simone Torelli, Kate Peppercorn

 

APOLOGIES

Kristin Hardiman, Elizabeth Bond, Glen Schaefer

Mins from previous meeting read and confirmed.

 

BUS. ARISING:

Volunteers BBQ for those outside the committee who gave their help for the festival was greatly appreciated by all who attended and new photos were taken to add to our facebook  page.

 

CORRESPONDENCE:

Letter from Jo Evelyn resigning from position of secretary.  This was reluctantly accepted and it was agreed to send a letter of appreciation.

Invoice from council for GST payment.  This payment has been made.

 

TREASURERS REPORT:

Balance at last meeting $15,382.28

No incoming .

Expenses: $79.00        postage/stationary for thankyou certificates to musicians for donating their services.

                  $193.00       food for volunteer thankyou BBQ 

                $1304.70      GST payment to council

Total        $1576.70

New Balance                 $13,805.58

Treasurer’s report moved and accepted.

 

GENERAL BUSINESS:

·    Tina welcomed new members Simone and Kate and announced that Liz and Glen who couldn’t attend this meeting have offered to be our media delegates and create a web-site for our festival. This was unanimously accepted.

·    Tina advised that a meeting with council delegates has been arranged for next month to discuss requirements for our next festival. The agreed date is April 12th 2015. Tina, Nathan, Gary and Pip will attend and report back with details to next meeting.

·    Tina asked for some fund-raising ideas.  Suggestions are:

Carols by Candlelight

Bowls Day

Golf Day

Trivia Night

Major Raffle

Tina will meet with Ali Christopher who volunteered to organise a choir to sing carols 

Pip will check on dates available for Bowls Day, Gary to check on dates available for Golf Day.

 

All members to bring ideas to next meeting for a raffle prize.

 

·    Pip offered to take on secretary position temporarily with some help in correspondence etc. Simone Torelli offered to assist her. Tina put this to the meeting and it was decided to list the duties of office-bearers.

The members unanimously agreed to re-elect

Tina Midson                  President / Event co-ordinator

Nathan Evelyn              Vice President / North Coast Holiday Parks liaison 

Pip Midson           Treasurer

Gary Matley                   Safety Officer/ Music Co-ordinator

Kristin Hardiman Art Exhibition Co-ordinator

Jim Forbes           Committee member

Rai Molki              Committee member

All accepted.

 

New members were elected

Glen Schaefer              Website/Marketing

Elizabeth Bond             Media/publicity

Pip/Simone Torelli        Joint secretaries

Kate Peppercorn          Committee member

All accepted.

 

 

·    Tina thanked everyone and closed the meeting at 7.30pm

·    Next meeting 5.30 Oct 21st 

                                                              


 

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Ordinary Council Meeting                                                                                                  12 March 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF1991            120315         Investment Report To 28 February 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2014 to 28 February 2015 is                $1,061,454 (Cash Result)

Estimated Accrual interest up to 30 June 2015 is                                           $178.548

Anticipated interest return for financial year is                                               $1,240,002.

 

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

 

Council currently has $32.854 Million invested:

 

$5.801

Million with Managed Funds

$3.537

Million with On Call Accounts

$23.000

Million on Term Deposits

$0.516

Million in a Floating Rate Note

 

This report details all the investments placed during February and Council funds invested as at 28 February 2015.

 

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

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 28 February 2015 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during February 2015 and Council funds invested as at February 2015.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2014/2015 will be completed with the March 2015 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the March 2015 Budget Review, Variances will be distributed between the Water, Sewerage and General Funds for the first half of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  12 March 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    T004/2015        120315         Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close Nambucca Heads

 

AUTHOR/ENQUIRIES:    Stephen Fowler, Engineering Designer         

 

Summary:

 

In accordance with Council’s procurement and tendering procedures, the General Manager gave approval on 19 December 2015 to invite tenders for T004/2015 for the Construction of Landslip Stabilisation, Riverside Drive below Foreshore Close, Nambucca Heads.

 

An open tender was conducted through Tenderlink which closed on 12 February 2015.  A compulsory site meeting was held on 2 February 2015 which was attended by Council staff, a representative of the designers, Coffey Geotechnical Pty Ltd, and twenty one (21) representatives from potential tenderers.

 

Six (6) submissions were received from the following contractors:

 

·           Crosana Pty Ltd

·           EarthTEC Pty Ltd

·           Fred Keizer Constructions Pty Ltd

·           JB & JA Bilson

·           Nviroscope Pty Ltd

·           Shamrock Civil Engineering Pty Ltd

 

 

Recommendation:

 

1        That Council accept the alternate submission of a terra mesh wall construction for T004/2015 Construction of Landslip Stabilisation, Riverside Drive (below Foreshore Close) Nambucca Heads from EarthTEC Pty Ltd.

 

2        That Council update the Contract Register.

 

 

OPTIONS:

 

1        Accept the recommendation.

2        Not accept the recommendation and not proceed with the project.

3        Not accept the recommendation and select another tenderer.

 

 

DISCUSSION:

 

The section of Riverside Drive below Foreshore Close has been subject to landslips for several years. In 2008 Council constructed a Gabion basket retaining wall at the corner of Riverside Drive and Piggott Street, below No 1 Foreshore Close after a landslip occurred.  In 2009 a severe landslip occurred below No’s 7 & 9 Foreshore Close and extensive remediation works were carried out in 2012 including the construction of a gabion retaining wall with soil nails and shotcrete facing to the upper slope.

 

Coffey Geotechnics conducted a preliminary investigation of slope movement below 3 Foreshore Close, in October 2013. The report identified signs of ongoing soil movement and recommended further investigation and design of retaining structures to stabilise the embankment.

 

In February 2014 Council engaged Coffey Geotechnics to carry out geotechnical investigation and design below No’s 3 & 5 Foreshore Close.

 

An options report was presented to a Council workshop and the gabion retaining wall with level backfill option was selected as the preferred option. This retaining wall would connect to the two existing structures already in place.

 

In 2013 Mr Luke Hartsuyker, Federal Member for Cowper, undertook to provide Council with funding to carry out road embankment stabilisation works on Riverside Drive.

 

In May 2014 Council made application to the Department of Infrastructure and Regional Development for Funding under the Infrastructure Investment Program.

 

On 25 June 2014 Council received confirmation from the Department of Infrastructure and Regional Development that $5,000,000.00 had been allocated to the Riverside Drive Upgrade project. These funds have been allocated to landslip works at 2 sites, Section 1, from the Tourist Information centre to Bellwood Park and Section 2, below No’s 3 & 5 Foreshore Close.

 

Tender T032/2014 for Road Embankment Stabilisation, Riverside Drive (Section 1) closed 25 November 2014.  This left enough funding from the Federal Grant to use on section 2, Riverside Drive below Foreshore Close.

 

Tenders were invited via Tenderlink in accordance with the Local Government Act and tendering regulations.  Six (6) conforming and two (2) non-conforming submissions where received and an evaluation has been conducted in accord with the following criteria and weightings

 

·           Value for money                                          50%

·           Evidence of Expertise and Resources          30%

·           Proposed Duration                                                10%

·           Enhancement of Local Economy                  10%

 

Post tender submissions where requested from several Tenderers to clarify aspects of their submissions.

Particular attention was paid to proposed methodology to manage the construction risks related to the shoring of the foundation excavation.

 

A numerical evaluation resulted in the Alternate submission by EarthTEC Pty Ltd Pty Ltd receiving the highest overall score.  EarthTEC Pty Ltd has completed similar projects for both Byron Shire Council and Glen Innes Council in recent years and has a good reputation for competency in this line of work.

 

The tendered price is within the budget required to complete the project without Council being called on to find additional funding outside of that provided by the Department of Infrastructure and Regional Development.

 

Details of the tender submissions and evaluation are included in the confidential report.

 

Contractors have been requested to start in April 2015 and complete the project by the end of mid August 2015 to coincide with the completion of Section 1. These dates may be extended due to unexpected delays.

 

 

CONSULTATION:

 

Coffey Geotechnics Pty Ltd

Assistant General Manager Engineering Services

Manager Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Construction will be undertaken from the existing roadway. The works will be carried out in accord with the environmental constraints outlined in the Review of Environmental Factors prepared by Coffey. Erosion and sediment control structures will protect the river from degradation during construction. Three large trees at the base of the slope will be removed to facilitate the retaining wall. Vegetation on the middle and upper part of the slope will not be affected by the project.

 

Social

 

The project will stabilise the base of the slope to prevent possible collapse onto the road. The road way will also be protected by the retaining structure from landslips from the upper part of the slope.

 

Economic

 

The works are designed to protect Riverside Drive from landslips. Such an event would close Riverside drive with economic consequences for the Council and the community. The project also protects Council from liability of landslips emanating from Councils road reserve at the base of the slope.

 

Risk

 

There is little potential for major variations escalating the cost to the point that Council would be required to allocate additional funds. If the work is not undertaken the risk exists of collapse of the embankment onto Riverside drive.  There are some construction risks associated with excavating at the base of the slope. This risk is being managed by careful evaluation of the Contractor’s methods and experience.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$5M have been provided by the Commonwealth Government’s Infrastructure Investment Program

 

Source of fund and any variance to working funds

 

No variation anticipated.

 

Service level changes and resourcing/staff implications

 

No implications.

 

Attachments:

There are no attachments for this report.