NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 April 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 - 16 April 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 March 2015.................................................................................... 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 11

9.2     Vacant Position of Information and Communications Technology Officer (Electronic Engagement)..................................................................................................................................... 19

9.3     Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden....................................................................... 22

9.4     Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group..................... 30

9.5     Re-establishment of Internal Audit Committee.................................................................. 37

9.6     Resolution of Conciliation Hearing - Valla Quarry.............................................................. 40

9.7     Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire............................................................................................................. 42

9.8     Minutes of the Nambucca Shire Council Access Committee meeting held 24 March 2015... 49

9.9     Minutes of the Nambucca Shire Council Access Committee meeting held 24 February 2015 53

9.10   Nambucca Shire Council Centenary Year 2015 - Additional Third Flag Pole and Flag for Administration Centre............................................................................................................................ 57

9.11   Outstanding DA's greater than 12 months, applications where submissions received not determined from 19 March 2015 to 8 April 2015................................................................................. 59

9.12   2015 March - Development and Complying Development Applications Received .............. 61

9.13   2015 March - Construction And Complying Development Certificates Approved ............... 64

9.14   Expressions of Interest for the Provision of Legal Services.............................................. 68

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................... 70

10.2   Grant Application Status Report ..................................................................................... 71

10.3   Report on Rates and Charges for Assessment 11133536.................................................. 74

10.4   Approach to Bellingen Shire Council to explore any interest in a joint meeting to discuss possible amalgamation or other joint activity................................................................................. 81

10.5   Investment Report to 31 March 2015................................................................................ 83


11      Assistant General Manager Engineering Services Report

11.1   Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi........... 88

11.2   Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm road, Thumb Creek.   91

11.3   Request for Assistance to Maintain Welsh Pioneer Park................................................... 94    

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

12.1   Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

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 T003/2015 for Construction of Landslip Remediation , Taylors Arm road, Thumb Creek.

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   Voluntary Redundancies

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) (f) of the Local Government Act, 1993, on the grounds that the report contains matters affecting the security of the Council, Councillors, Council staff or Council property.

 

12.4   General Manager's Performance Review

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 26 March 2015

The following document is the minutes of the Ordinary Council meeting held 26 March 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 April 2015 and therefore subject to change.  Please refer to the minutes of 30 April 2015 for confirmation.

 

 

 

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 5.1 Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders under the Local Government Act as Cr Finlayson acted for the accused in respect of the first murder trial.  Cr Finlayson left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.4 Environmental Levy March Progress and Proposed 15/16 Budget under the Local Government Act as Cr Ainsworth owns property in the Gumma Wetland area.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 March 2015

 

734/15 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 12 March 2015 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

Cr Finlayson left the meeting for this Item at 5.37 pm and returned after the conclusion of the Item at 5.40 pm.

 

ITEM 5.1      SF2049              260315      Notice Of Motion – Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders (SF809)

735/15 RESOLVED:        (Hoban/Flack)

 

That in support of the petition circulating in the community Council writes to the Premier of NSW expressing its support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and ask that they be implemented as a matter of urgency.

 

 

 

DELEGATIONS

 

RESOLVED:

 

That the following delegations be heard:

 

9.3     Coastal Public Safety Risk Assessments - Nambucca Local Government Area – Project Blueprint

i)           Mr Luke Stigter Coastal Risk Coordinator – presentation to Council

 

9.6     9.6     Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

ii)       Mr Jeff Allen, Principal Nambucca Valley Christian Community School (available for questions)

 

 

 

 

ITEM 9.3      SF904                260315      Coastal Public Safety Risk Assessments - Nambucca Local Government Area - Project Blueprint

736/15 RESOLVED:        (Ainsworth/Morrison)

 

1        That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca Local Government Area.

 

2        That Council thank Mr Luke Stigter, Coastal Risk Coordinator for his briefing on the final report for the Nambucca Local Government Area.

 

 

 

 

ITEM 9.6      DA2014/202        260315      Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

737/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/202 for additions to an existing school at Lot 89 DP 261088, 35 Centenary Parade, Nambucca Heads subject to the schedule of conditions outlined in attachment 1 of this report.

 

 

 

738/15 Resolved:        (Ainsworth/Ballangarry)

 

That this item be brought forward as there were interested parties in the gallery.

 

 

ITEM 9.7      SF1541              260315      Planning Proposal - Rural Road Land Severance Provisions

739/15 RESOLVED      (Ainsworth/Finlayson)

 

1        That pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a planning proposal to support an amendment to the Nambucca LEP 2010 to allow land severed by a sealed rural road to be subdivided as outlined in the content of this report.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.  Council request the matter be referred to the Gateway panel for consideration.

 

3        The results of the Gateway determination be reported to Council for further information.

 

Note Cr Flack requested that her vote be recorded against the resolution as she was opposed to the ad hoc creation of more rural residential (RU5) land and the ongoing incremental loss of agricultural land.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There are no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                260315      Outstanding Actions and Reports

740/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2      PRF71                260315      Nambucca Heads Skate Park

741/15 RESOLVED:        (Finlayson/MacDonald)

 

1        That the information concerning the outcome of the meeting to explore opportunities for a “without prejudice” trial agreement for the unlocking of the skate park gate be received.

 

2        That Council advise the NSW Anti-Discrimination Board that it is not in a position to accept the settlement proposal as to do so would be contrary to the Deed of Settlement entered into in response to the Class 4 action against Council in the Land and Environment Court.

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

Cr Ainsworth left the meeting for this Item at 6.46 pm and returned after the conclusion of the Item at 6.48 pm.

 

ITEM 9.4      SF688                260315      Environmental Levy March Progress and Proposed 15/16 Budget

742/15 RESOLVED:        (Finlayson/Flack)

 

1        That Council note the March progress report of the 2014/15 Environmental Levy Management Program.

 

2        That Council note the proposed budget for the 2015/16 Environmental Levy Program and that this program be exhibited for comment.

 

 

 

ITEM 9.5      SF2038              260315      Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 March 2015 to 18 March 2015

743/15 RESOLVED:        (MacDonald/South)

 

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

 

 

Item 9.6 was dealt with earlier in this meeting.

 

 

Item 9.7 was dealt with earlier in this meeting.

 

 

 

General Manager Report – LATE

 

ITEM 9.8      SF732                260315      Successful funding application "Rescuing our Waterways Program" NSW Trade & Investment  Crown Lands

Lost Motion:      (Flack/Ballangarry)

 

1        That Council note the successful funding application for the preparation of a dredging strategy for the lower estuary.

 

2        That Council decline to accept the funding offer at this time as it will be unable to provide the 50% funding contribution towards any substantive maintenance dredging program and that NSW Trade and Investment Crown Lands be advised accordingly.

 

Upon being put to the meeting, the motion was declared lost. Cr Flack seconded Cr MacDonald called for a Division.

 

For the Motion:               Councillors Ballangarry and Flack Total (2).

Against the Motion:         Councillors Ainsworth, Finlayson, Hoban, MacDonald, Morrison, and South

                                      Total (6).

 

744/15 Resolved:        (Morrison/Ainsworth)

 

That Council accept the funding offer of $10,000 from the NSW Office of Trade and Investment Crown Lands and allocate $10,000 from our environmental levy being $7,000 from this year’s budget and $3,000 from next year’s budget in order to allow Council to determine the feasibility of any future dredging and to give Council time to source other funding with the ultimate goal of improving our waterways.  The strategy is to include an option of minimal dredging to keep the channel open for marine rescue access.

 

Upon being put to the meeting, the motion was declared carried. Cr Flack seconded Cr Ballangarry called for a Division.

 

For the Motion:               Councillors Ainsworth, Finlayson, Hoban, Morrison and South Total (5).

Against the Motion:         Councillors Ballangarry, Flack and MacDonald Total (3).

 

Note:  Cr MacDonald requested that her vote be recorded as against the motion as she did not believe the funding should come from the environmental levy.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                260315      Schedule of Council Public Meetings

745/15 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 10.2    SF340                260315      Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 11 November 2014

746/15 RESOLVED:        (South/Finlayson)

 

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 11 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.3    SF335                260315      Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014

747/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 11 November 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF61                  260315      Professional Life Saving Services 2014/2015

748/15 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the Season Report for 2014/2015 by Australian Lifeguard Service.

 

 

 

ITEM 11.2    SF2012              260315      Naming the Nambucca Heads to Kingsworth Estate Cycleway

749/15 RESOLVED:        (Flack/MacDonald)

 

That Council contact the Geographic Names Board with a proposal to name the cycleway connecting Nambucca Heads to Kingsworth Estate and Macksville, following construction, the Brian Cockbain Memorial Cycleway after:

 

a)       Contacting Mr Cockbain’s family for concurrence; and

 

b)       Community consultation by advertising the proposal in the Guardian News with submissions invited and closing after a period of 28 days.

 

   

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.15 pm. 

 

Confirmed and signed by the Mayor on 16 April 2015.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

          


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager

ITEM 9.1      SF959              160415         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.

 

WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study.

 

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.

 

AUGUST 2013

 

3

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 April.

 

 

NOVEMBER 2013

 

4

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 April 2015.

 

DECEMBER 2013

 

5

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

 

6

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

 

7

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.

 

Report presented to Council 12 March 2015 – resolution to write to the Minister. Letters drafted.

 

 

 

AUGUST 2014

 

8

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

 

Deferred until September due to resources as Manager Technical Services and relevant staff have a number of large projects and assessments of development and highway upgrades.  Proposed to work on first draft and present the document to Council for comment in September before going out to the public.

 

 

9

SF595

28/08/14

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

 

SP

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.

 

OEH Estuary Grant application submitted in March 2015 (project value $20,000).  If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek.  A funding announcement is expected in 2015/16.

 

 

SEPTEMBER 2014

 

10

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.

 

Report deferred to April 2015.  Manager Business Development on leave.

 

 

11

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).

 

12

SF399

26/09/14

Council review the vacant position of Information and Communications Technology Officer (electronic engagement) in 6 months’ time.

 

GM

Report April 2015.

 

13

SF399

26/09/14

Council requested a further report on the option of reducing staffing levels in the outdoor workforce.

 

AGMES

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.

 

A report has been drafted for consideration at Council’s meeting 30 April 2015.

 

 

OCTOBER 2014

 

14

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.

 

 

15

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.

 

Report to Council’s meeting on 16 April 2015 concerning Pre-School.

 

 

16

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.

 

Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment.

 

 

NOVEMBER 2014

 

17

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

 

18

SF2031

27/11/14

Council’s 2015/16 budget considers 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.

 

To be reported in May 2015.

 

19

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

 

20

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.  As at 31/3/15 no response from CHCC.

 

 

 

21

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

 

Response received and provided to Council 18 March advising Government are in caretaker mode and there are now funds available under the current Country Town Water and Sewerage Scheme.

 

Council has not had a response regarding a funding grant through the National Stronger Regions Fund.  This is the trigger for the next report.

 

Funding application to National Stronger Regions fund was unsuccessful.

 

 

22

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.

 

Public Works Project Manager for the Iluka Sewerage project will address Council in April.

 

23

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.

 

Report deferred - Awaiting presentation from the Public Works (see item 24) and outcome of grants status before preparing a report.

 

Funding application unsuccessful.  Report in June.

 

 

JANUARY 2015

 

24

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.

Crown Lands’ staff Mr Kevin Cameron, Area Manager, Far North Coast and Ms Tamara Prentice, Group Leader Property Management will be available to meet with Council on Thursday 14 May 2015 to discuss the finalisation of a new Trust Licence for Caravan Park Encroachments (Nambucca Heads Holiday Park) to Dennien Superannuation Custodian Pty Ltd over part Reserve 88941 at Nambucca Heads.

 

They propose to advise Council on:

*the background of the matter

*the risks and liabilities the Trust currently has

*NSW Trade & Investment, Crown Lands and Nambucca Shire Council agreement in relation to the issue of this tenure, and

*Crown Lands requirements to progress the grant of this tenure.

 

 

25

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.

 

26

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 February.

 

Acknowledgement letters received from the RFS and Premier advising receipt of the Council correspondence and a response will be send in due course.

 

 

27

SF1541

29/01/15

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

 

GM

Report April 2015

 

28

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.

 

MBD

Manager Business Development to draft a report up after speaking to the Valla Beach Community Association Committee of Management.

 

29

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

 

30

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

 

31

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.

 

32

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

 

33

SF843

26/02/15

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

 

AGMES

Letter sent 5 March 2015

 

MARCH 2015

 

34

LF4225

12/03/15

2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton.  And further, that Council requires an urgent definitive response to finalise the matter.

GM

Letter written w/e 20/3/2015

 

 

 

35

SF841

12/03/15

Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Roads Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of government.

GM

Letter written w/e 20/3/2015

 

36

SF841

12/03/15

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.

GM

Letter written w/e 20/3/2015

 

APRIL 2015

 

37

SF2049

26/03/15

Council write to the Premier of NSW expressing Council’s support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and asking that they be implemented as a matter of urgency.

GM

Letter signed by Mayor and sent on 30/03/15

 

38

SF904

26/03/15

That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca LGA.

AGMES

Report to May Council Meeting.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.2      SF639              160415         Vacant Position of Information and Communications Technology Officer (Electronic Engagement)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

One of the recommendations in the report on productivity savings considered by Council on 25 September 2014 was that Council review the vacant position of Information and Communications Technology Offer (electronic engagement) in six months’ time.

 

Whilst it would be desirable for Council to have more resources applied to electronic engagement with the community, both through its website and through social media, in the context of Council’s financial challenges the current IT establishment can provide an adequate service level. 

 

 

Recommendation:

 

That Council remove the vacant position of Information and Communications Technology Officer (Electronic Engagement) from the organisation structure.

 

 

OPTIONS:

 

Retain the position of Information and Communications Technology Officer (Electronic Engagement) in Council’s organisation structure and provide funding for same in future budgets.

 

 

DISCUSSION:

 

Council considered a report on productivity savings at its meeting on 25 September 2014.  The report was in response to a decision by the Federal Government to freeze the indexation of the Financial Assistance Grants for 3 years.  This is costing the Council more than $100,000 per annum with Council’s permanent revenue being reduced by the compounding amount.  The loss of FAG indexation is on top of Council’s existing structural deficit in its operating performance ratio.  This deficit has traditionally been in the range of $-3m to $-4m but is currently being reviewed and refined as part of Council’s response to the Fit for the Future reporting requirements.  It may well decline (improve) but is still anticipated to remain in the negative.

 

Council is also aware that it will be “inheriting” a substantial liability in terms of maintaining the existing Pacific Highway, once the current by-passes WC2NH and NH2U are completed.  As the RMS are yet to pass on information about the condition of the assets and their scheduled maintenance, nor the proposed funding package, it is impossible to determine the quantum of the liability but in general terms we know that the proposed handover will exceed 10% of Council’s existing road and bridge network.  It is likely that Council’s Fit for the Future response will be submitted before the quantum of this liability can be determined.

 

One of the recommendations in the report on productivity savings considered by Council on 25 September 2014 was that Council review the vacant position of Information and Communications Technology Offer (electronic engagement) in six months’ time.  The report stated as follows:

 

1.0 EFT Information and Communications Technology Officer (Electronic Engagement)

This position was provided in the structure to improve Council’s web site.  The website does require upgrading to be compatible with portable devices.  The Council will also be using the website to deliver more services such as application processing and DA information.  There is also a need to be more proactive in maintaining the content of the website.  A new Information and Communications Technology Officer, Mr Tim Shields recently commenced employment with Council replacing Ms Jenny Standfield who retired.  At this stage the Manager would like to more time to assess the capacity of both himself and Mr Shields to undertake all IT functions before making an appointment to the position.  It may be that some of the funding allocated for the position might be better used in engaging a contractor to build a new website.  It is recommended that the position be kept under review and be the subject of a further report in six months’ time.

 

Council’s Manager Information Technology is currently arranging an upgrade of Council’s website comprised of two (2) aspects being:

 

1.       Making the website responsive to mobile devices

2.       Ensuring compliance with Web Content Accessibility Guidelines 2.0 (WCAG2)

 

It’s now a requirement that all Federal and State agencies comply with WCAG2.  Local agencies have until 2016 to comply.  Compliance for the web pages themselves will be relatively simple with a contractor providing a fairly simple migration and compliance check.  Council staff will undertake the majority of this work whilst making the website responsive to mobile devices.  There may be difficulty with the masses of PDF and other documentation that Council’s provides for download.  These PDF documents also need to comply and it may mean that the Council can’t simply convert documents to PDF and load to the web.  A process will need to be established and responsible officers trained in what is required.

 

The Manager has obtained an indicative costing from Council’s website contractor of $7,000 to undertake this upgrade.

 

Whilst it would be desirable for Council to have more resources applied to electronic engagement with the community, both through its website and through social media, in the context of Council’s financial challenges the current IT establishment can provide an adequate service level.  By way of example the Manager was able to respond to requests that Council provide a facility on its website to advertise unwanted companion animals with the aim of reducing Council’s euthanasia rate.

 

It should also be acknowledged that additional ICT resources is only part of what would be required to ramp up electronic engagement,  there is a need for continually updated content and social media responses.  An IT specialist is not best placed to provide this.

 

Accordingly it is recommended that the position Information and Communications Technology Officer (Electronic Engagement) be removed from Council’s organisation structure.

 

 

CONSULTATION:

 

There has been consultation with the Manager Information Technology.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There is no significant social impact.

 

Economic

 

There is no significant economic impact.

 

Risk

 

Council’s limited experience with engaging in social media is that it requires constant management.  If the resources are not available to undertake that management then Council is better off not using these forums.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The funding for the position has already been removed from the draft budget for 2015/2016.  If the position is maintained in the organisation structure then the budget deficit will increase by about $90,000 including on-costs.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The service level and staffing implications are discussed in the report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.3      SF638              160415         Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Valla Community Pre-School Inc. has advised that the easement required for their extended Pre-School has not been put in place.  This means that although the building works were finished some years ago and the extended Pre-School was occupied via an interim occupation certificate issued by an accredited certifier, their continued use and occupation of the extensions is contrary to Condition 17 of the development consent which required that the easement be in place prior to the occupation of the building.

 

The Valla Community Pre-School Inc. has requested that Council assist it in resolving this issue as a precursor to considering a possible reclassification and transfer of the property to their ownership.  In the interim they have requested a renewal of their 3 year license agreement to occupy the site which lapses on 30 March 2015.

 

The Pre-School has also sought Council’s approval to to use a section of Lot 8 to the east of the Pre-School fence as a community garden.

 

 

Recommendation:

 

1        That Council make representations to the owner of the adjoining land to the south of the Valla Community Pre-School Inc. to follow through with their initial agreement to the creation of an easement for bush fire hazard reduction.

 

2        That Council enter into a new 3 year licence agreement with the Valla Community Pre-School Inc. with similar terms to the previous licence but subject to the initial rent being updated by the CPI and that Council notify the Valla Beach Community Association of this action.

 

3        That subject to the concurrence of the Valla Beach Community Association Inc., that Council agree to the proposed community garden being placed on that section of Lot 8 immediately to the east of the Pre-School.

 

4        That Council’s seal be attached to the licence documents as required.

 

 

OPTIONS:

 

Council can alter the terms of the licence agreement and not agree to the placement of a community garden.

 

 

DISCUSSION:

 

A licence agreement between Council and the Valla Community Pre-School Inc. for the occupation of Part Lot 8 in DP 821952, being the Valla Beach Community Pre-School expires on 30 March 2015.

 

A request to renew the licence agreement is attached.

 

It will be recalled that Council considered a proposal at its meeting on 11 December 2014 to reclassify the land containing the pre-school as operational with the intention of transferring the property to the Valla Community Pre-School Inc. with Council retaining a licence agreement or easement to allow the continued use of the hall for public meetings.  Council deferred consideration of the recommendation to allow the Pre-School to consider their position.  The General Manager attended a meeting of the Pre-School Management Committee on 27 January to explain the reclassification proposal.  The Committee said that they would consider their position and advise Council in due course.

 

A response from the Pre-School has now been received and is attached.  They have advised that the preschool requires the easement issue to the south of the property to be resolved before it can consider the acquisition of the preschool parcel of land.

 

Council approved the extensions to the Pre-School (DA2010/221) at its meeting on 11 July 2012.  Because of their location in a bush fire prone area, the extensions were integrated development.  The Rural Fire Service required a 60m asset protection zone and that where the APZ cannot be achieved on site an easement is required.

 

Condition 17 required the following condition to be complied with prior to the issue of an occupation certificate:

 

“Register Title Plan showing Easement

 

17.     Evidence must be provided to Council that the easement has been registered, as per the License Agreement signed by council on 26 June 2012, and prior to Occupation of the building.

 

Previous to the issue of the consent Council had agreed to enter into the easements and agreements for the creation of the APZ subject to the Pre-School meeting Council’s legal costs and accepting responsibility for the maintenance of the Asset Protection Zone via a variation to their license to occupy the site.  However the easement also had to extend across the adjoining privately owned land.  In relation to this the report on the development application noted:

 

“The applicant (the Pre-School) then had to try and obtain a legal agreement from the adjacent land owner that they grant an easement to the benefit of their pre-school site, which bore long term implications, as the land related to a deceased estate and there were various disputes over the land transfer between Directors of the VPR developments, prior to one of the Directors passing away.  Council was not in a position to approve the development application subject to the easement on the adjoining land, until the ownership issue could be resolved, and the NSW RFS could be satisfied to give their concurrence, as the development is integrated development.

 

During this process other options were considered including moving the new building.  Previous Manager of Planning and Assessment, Arthur Tsembis also tried to obtain a preliminary “in principle” approval from NSW RFS, unfortunately to no avail.

 

Ownership of the adjacent land was resolved and the owner subsequently confirmed approval of the easement to benefit the pre-school site….

 

The land ownership dispute has now finally been resolved and an Easement agreed to, as per a License Agreement which was signed by Council on 26 June 2012.  Condition 17 of the draft consent, as detailed below, requires the easement to be registered as per the License Agreement and evidence to be provided of registration prior to issue of an Occupation Certificate.”

 

An accredited building certifier proceeded to issue an occupation certificate and the extensions to the pre-school were constructed, however despite a number of “follow ups” for some reason the adjoining owner has not proceeded to register the easement.  Upon completion of the construction, the accredited certifier issued an interim occupation certificate but could not issue a final occupation certificate for a number of reasons, including that the creation of the easement on the adjoining land was still outstanding.

 

As it stands the occupation of the pre-school extensions is contrary to condition 17 of the development consent which required evidence that the easement has been registered prior to the occupation of the building.

 

All that Council can do to assist in trying to resolve the matter is to make representations to the owner of the adjoining land to follow through with their initial agreement to the creation of the easement.

 

In the interim the Pre-School has sought the renewal of their licence agreement.  Even if the easement issue is resolved quickly and Council proceeds with a reclassification and transfer it would take at least 12 months and possibly longer.  For these reasons a new licence agreement should be entered into.

 

The Pre-School has also written to Council seeking approval to use a section of Lot 8 to the east of the Pre-School fence as a community garden.  A copy of the Pre-School’s request is attached.  There is no objection to the proposed community garden being incorporated in the Pre-School’s licence agreement, subject to the concurrence of the Valla Beach Community Association who administer the licence agreement on behalf of Council.

 

 

CONSULTATION:

 

The Pre-School has been advised of these matters being reported to this meeting.  There has previously been consultation in relation to the possible reclassification of the Pre-School from community to operational land.

 

A copy of this report has been sent to the Valla Beach Community Association which as a Section 355 Committee of Council administers the licence to the Pre-School, including collecting the annual rent.  A copy of the report has also been sent to the Pre-School.

 

For the information of Council the Treasurer of the Valla Community Association Inc., Pete Rundle has advised that he usually issues the invoice for annual rental towards the end of April once the CPI figure for the March quarter is available and that the annual rental for the period April 2014 to March 2015 was $825.44 plus GST.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

As it stands the occupation of the pre-school extensions is contrary to condition 17 of the development consent which required evidence that the easement has been registered … prior to the occupation of the building.  If the creation of the required easement cannot be achieved, then there are potential risks for the Pre-School, the Accredited Certifier and Council.

 

The licence agreement requires that the Pre-School have in place a public risk insurance cover of $20m.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Valla Beach Community Association issues an invoice for the annual licence rent.  The rent forms part of the income of that Committee of Management which in turn contributes to the various works the Committee undertakes on behalf of the residents of Valla Beach.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels.

 

Attachments:

1

9462/2015 - Request to renew licence - Valla Community Pre-School Inc.

 

2

9370/2015 - Request for assistance to expedite easement

 

3

8590/2015 - Request to use land as a community garden

 

  


Ordinary Council Meeting - 16 April 2015

Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

 

Hi Michael

 

There is a letter being forwarded regarding ownership of the preschool but, as it is not an issue which will be resolved quickly, it is probably in everyone’s best interest to renew our Licence Agreement. The current one expires on 30 March 2015.

 

Thanks for your assistance once again.

 

Kind regards

Kylie Ferguson

Administration

 

Valla Community Preschool

PO Box 259

Nambucca Heads 2448 NSW

ph   02 65695274

fax 02 65696724

vallapreschool@westnet.com.au

 


Ordinary Council Meeting - 16 April 2015

Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

 


Ordinary Council Meeting - 16 April 2015

Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

 



Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.4      SF1239            160415         Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Agreement has now been reached with the Nambucca Valley Children’s Group Inc. for the transfer of the Eungai Pre-School to their ownership.  They will agree to the transfer of the property subject to compensation of $20,000 excluding GST wherein they will accept all responsibility for any disability access issues which may arise in the future.  This is in addition to Council bearing all the costs in relation to the transfer.

 

 

Recommendation:

 

1        That Council transfer the ownership of the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus compensation to them of $20,000 excluding GST on the basis that the Nambucca Valley Children’s Group accepts all responsibility for any disability access issues which may arise in the future.

 

2        That Council’s seal be attached to contracts and agreements as required.

 

3        That Council meets all legal and transfer costs associated with the transfer of ownership.

 

4        That settlement occur in the 2015/16 financial year.

 

 

OPTIONS:

 

Council can decide not to transfer the Eungai Pre-School to the Nambucca Valley Children’s Group Inc.

 

Another option is that at the end of the existing licence period being 1 October 2016, Council could give notice to the Pre-School to vacate the property and then sell it.  This would be the preferred option for Council’s financial sustainability but the Council would face strenuous opposition to the sale and from experience it would be socially unsustainable.

 

 

DISCUSSION:

 

Council is the owner of a property on Little Tamban Road, Eungai which has been the subject of a licence agreement for occupation by the community based Eungai Pre-school Inc.  The Pre-school operates out of what appears to be the previous school principal’s residence which adjoins the Eungai Public School.  The building has been the subject of substantial modifications to suit its current purpose.

 

The Pre-School operates on each Tuesday, Wednesday and Thursday during school terms.

 

In May 2014 the Director of the Preschool, Ms Anna Veres, contacted Council advising that the Pre-School’s volunteer management committee could not properly acquit their responsibilities as “Approved Providers” of a Children’s Service.  On behalf of the Preschool, she proposed a new auspicing body for the pre-school being the Nambucca Valley Children’s Group which is an NGO and the existing approved provider for Nambucca Valley Family Day Care.  They also operate the Out-of-School Hours care and Early Intervention programs in addition to their family support services.

 

By way of background, the Nambucca Valley Children’s Group Incorporated is a community based organisation which was established in 1984 with the aim of increasing the level of services for children and families in the Nambucca Valley.

 

The Children’s Group established a Toy Lending Library in 1985 and in 1987 took on organising Vacation Care for the area.  Following the closure of the Nambucca Heads Community Service Centre in 1988, the Department of Community Services provided funding to the Children’s Group to establish a Family Support Service in the Nambucca and Bellingen Shires in 1989.  In 1990 funding was also received for a Family Day Care Service and in 1995, the Group received funding to establish an Early Childhood Intervention Service for children with disabilities and their families.

 

The Group restructured its management in 2003 to meet changing needs and increasing responsibilities and as part of this process, appointed a manager for all services operated.  In 2004 these increased with the Children’s Group resuming responsibility for the operation of the Nambucca Valley Out of School Hours Care Service.

 

In 2004 the funding was approved for management of the Reconnect Bellingen/Nambucca service through a partnership with two other local community services.  Macksville Vacation Care service was established in 2006 and After School Care commenced in Nambucca Heads in 2010.

 

Given the history of the Nambucca Valley Children’s Group they would seem to be well qualified to auspice a community based Pre-school.

 

The proposal is that the preschool continue to operate under the existing arrangements with the existing staff and that the preschool parent committee continue to operate in a consultative capacity but not as the responsible legal entity.

 

The relevance of this to Council is that the Director of the Pre-school sought a change to the licence wherein the licensee would no longer be the volunteer incorporated association of parents but instead be the Nambucca Valley Children’s Group.

 

I met with the Manager of the Nambucca Valley Children’s Group and the Director of the Pre-school on 13 August to discuss their proposal in the context of previous discussions to transfer ownership of the Pre-school to the Incorporated Association.

 

Following that meeting a response has now been received from the Manager of the Nambucca Valley Children’s Group advising that the Group would be interested in purchasing the Pre-school for a nominal price subject to the installation of a disability access.

 

Council’s continued ownership of the Eungai Pre-School does represent a liability.  The annual licence fee is only $429.00 but Council is legally liable for all depreciation and building repairs and improvements.  The annual depreciation which Council records as an expense is $6,250.  The written down value of the building is $153,750.  Besides the depreciation expense there are annual operating costs incurred by Council in its ownership of the building.  These are budgeted at $3,000 per annum and include the annual fire safety check, pest inspection, insurances plus overheads.

 

The property is classified as operational land and there is no legal constraint to the proposed sale/transfer.

 

At Council’s meeting on 25 September 2014 it was resolved as follows:

 

1.       That Council agree to sell the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus reasonable compensation for the installation of a disabled access.

 

2.       That Council’s seal be attached to contracts and agreements as required and that the General Manager be provided with delegated authority to determine the reasonable compensation for the provision of disabled access to the Pre-School.

 

3.       That Council meet all legal and transfer costs associated with the sale of the property except any legal and associated costs incurred by the Nambucca Valley Children’s Group.

 

A response to Council’s resolution was received from the Nambucca Valley Children’s Group Inc. on 22 January 2015 and is attached.

 

After discussing the matter with Council’s Manager Development & Environment and Technical Officer – Assets I then wrote to them on 16 February proposing an offer of $20,000 excluding GST to the Nambucca Valley Children’s Group Inc. to accept responsibility for any disability access issues which may arise in the future.  This letter is attached.

 

A response has now been received from the Nambucca Valley Children’s Group Inc. accepting the offer contained in Council’s letter of 16 February.  This letter is attached.

 

 

CONSULTATION:

 

There has been on-going consultation with the Nambucca Valley Children’s Group Inc.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.  The transfer of ownership will make no difference to the Pre-School’s operations.

 

Economic

 

There are no economic implications.

 

Risk

 

Council will need to seek exemption from Stamp Duty from the Office of State Revenue.  If it is assumed that the value of the property (building and land) is $250,000, the duty payable on the transaction would normally be $7,240.  However Section 275 of the Duties Act 1997 provides that duty is not chargeable on a transfer to an exempt charitable or benevolent body.  An exempt charitable or benevolent body includes an organisation whose resources are used wholly or predominantly for the promotion of education in Australia.  Based on the provisions of the Duties Act it is expected that the transfer will be exempt from stamp duty.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nambucca Shire Council has been identified by the NSW Treasury as having weak financial sustainability with a negative outlook.  For this reason Council has been active in transferring a number of community facilities previously managed by Section 355 Committees of Management under the NSW Local Government Act to incorporated association essentially comprised of the same Section 355 Committee membership.  In summary, the Council is seeking to reduce its structural operating deficit of between $2 million and $3 million per annum by a number of means including the transfer of a large portfolio of community buildings to incorporated associations who will continue to operate them for the benefit of the community.

 

Taking into account the proposed compensation/donation of $20,000 excluding GST, the proposed transfer is still financially favourable to Council.  Importantly, it removes all future liability for the maintenance and upgrading of an older timber structure.

 

Source of fund and any variance to working funds

 

There will be an impact on working funds amounting to $20,000 excluding GST will be provided in the 2015/16 budget.

 

Service level changes and resourcing/staff implications

 

The transfer of buildings from Council’s property portfolio will reduce the staff resources required to maintain and oversee Council’s public buildings.

 

Attachments:

1

2039/2015 - Initial Response

 

2

4560/2015 - Disability access proposal

 

3

9545/2015 - Acceptance of offer

 

  


Ordinary Council Meeting - 16 April 2015

Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

 


Ordinary Council Meeting - 16 April 2015

Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

 

Enquiries to:       Mr Michael Coulter

Phone:              02) 6568 0200

Email:                michael.coulter@nambucca.nsw.gov.au

Mobile:              0409 153 788

Our Ref:            SF1239

 

 

 

16 February 2015

 

 

 

Ms Denise Olsen

Manager

Nambucca Valley Children’s Group Inc

PO Box 472

MACKSVILLE   NSW   2447

 

Dear Denise

 

EUNGAI PRE SCHOOL

 

Thank you for your letter of 20 January 2015 advising that the Pre School does not currently comply with requirements for disabled access and facilities and that if the Children’s Group was asked to ensure compliance at some stage in the future, that the Group would not have the necessary funding to undertake such work.  Your rough estimate of the total cost of work for the children’s toilet of about $40,000 is not disputed.

 

You seek a solution whilst acknowledging the Council would never be expected to pay for all of this work.  You seek advice as to whether there is some way that a dispensation can be given in transferring ownership.

 

The advice I have received from Council’s staff is that the required disability accessible facilities is triggered by an application for a construction certificate, for example, for an extension or major internal alterations.

 

Whilst it may be that the requirement is never triggered, Council’s experience in managing its public buildings is that ultimately Council would obtain contributory grant funding to undertake the work required to make the building compliant with disability access standards. 

 

On this basis, and subject to ratification by the elected Council, I make an offer of $20,000 excluding GST to Nambucca Valley Children’s Group Inc to accept responsibility for any disability access issues which may arise in the future.  This is in addition to Council bearing all the costs in relation to the transfer of the building to you.

 

Your response to this revised offer would be appreciated.

 

Yours faithfully

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms


Ordinary Council Meeting - 16 April 2015

Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

 


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.5      SF1415            160415         Re-establishment of Internal Audit Committee

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is short.  A summary is not necessary.

 

 

Recommendation:

 

1        That Nambucca Shire Council’s Internal Audit Committee comprise the Mayor, one (1) other Councillor, Mr Peter Lawry and a staff member of Bellingen Shire Council) to be nominated by that Council.

 

2        That Council nominate a Councillor to participate on the Internal Audit Committee.

 

3        That a Chair of the Internal Audit Committee (not being the Mayor or Councillor) be nominated by the Committee at their first meeting.

 

 

OPTIONS:

 

It is open to Council to propose more or different membership for the Internal Audit Committee.  This could involve increasing the number of councillors and/or increasing the independent representatives.  The guidelines from the Office of Local Government state that membership of the Committee should have a majority of independent members and councillors (excluding the Mayor).

 

 

DISCUSSION:

 

Nambucca Shire Council has reached agreement with Bellingen and Coffs Harbour Councils for the latter to provide an internal audit service to the other two councils.  It is hoped that the arrangement with Bellingen Council may allow some cross-council benchmarking as well as some savings, particularly if there is commonality in the investigations which the internal audit undertakes.

 

Nambucca Shire Council conducted an internal audit program between 2010 and 2012 with the program being terminated as a consequence of a determination by the Office of Local Government (OLG) that Council’s external auditor (Forsyths) could not also be its internal auditor due to what the OLG regarded as unacceptable conflict of interest.  The internal audit program was then terminated whilst Council sought to secure a new internal auditor.  Bellingen Shire Council agreed to participate in a joint internal audit program and expressions of interest were then sought for a new internal auditor.

 

In June 2014 both Councils agreed to engage Coffs Harbour City Council to provide an internal audit service for an initial 2 year term.  Since that time Bellingen Shire Council has been developing a risk management plan and selecting and inducting an internal audit committee.  Initially it was considered that Nambucca Shire Council would be able to use Bellingen Shire Council’s internal audit committee, however with the possibility that the Councils may undertake different internal audit projects and have different emphases on governance arrangements, it is recommended that Council re-establish its own internal audit committee.

 

Since the formation of the Internal Audit Committee in 2010 there have been revised guidelines issued on their formation and operation.  Also one of the Internal Audit Committee members was an employee of Bellingen Shire Council, but recently left the Council.

 

Internal audit is described as an, “independent, objective assurance and consulting activity designed to add value and improve an organisation’s operations.

 

It helps an organisation accomplish its objectives by bringing a systematic disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.”

 

Internal audit’s role is primarily one of providing independent assurance over the internal controls and risk management framework of the council.

 

Typically, internal audit’s scope will include some or all of the following areas:

 

·      Reliability and integrity of financial and operational information

·      Effectiveness and efficiency of operations and resource usage

·      Safeguarding of assets

·      Compliance with laws, regulations, policies, procedures and contracts

·      Adequacy and effectiveness of the risk management framework.

 

The guidelines issued by the OLG suggest a structure for an Internal Audit Committee for smaller councils comprising:

 

·      1 councillor (excluding the Mayor)

·      2 independents – at least one with financial expertise.

 

The guidelines state that to preserve the independence of the Audit Committee, the General Manager should not be a voting member of the Committee.

 

According to the OLG guidelines, the chair of the committee should be independent and should not be the mayor or a member of Council.

 

The frequency of meetings for the Internal Audit Committee will depend upon the number of internal projects undertaken, but based on the proposal for benchmarking with Bellingen Shire Council it is not anticipated that it would be any more than four (4) meetings per year.

 

In terms of an independent person with financial expertise it was decided to enquire with local chartered accountants for their interest in participating on the Committee.  Mr Peter Lawry, a principal of local chartered accountants Hooykaas Lawry Valjan has expressed an interest in participating on the Committee and has offered his services at a 25% discount to his normal hourly rate.

 

It is therefore proposed that the Internal Audit Committee comprise the Mayor, one (1) other Councillor, Mr Peter Lawry and a staff member of Bellingen Shire Council) to be nominated by that Council.  Council’s Assistant General Manager Corporate Services is sitting on Bellingen Shire Council’s Internal Audit Committee in a reciprocal arrangement.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The report has no social implications.

 

Economic

 

The report has no economic implications.

 

Risk

 

The primary purpose of the Internal Audit Committee is to assess and address risk in Council’s financial systems; in the effectiveness and efficiency of its operations and resource usage; in the safeguarding of its assets; in compliance with laws and regulations and in terms of the adequacy and effectiveness of its risk management framework.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Provision has already been made in Council’s budget for the provision of internal audit services.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Depending upon its level of activity, the Internal Audit Committee will require support and assistance from Council’s staff, particularly in terms of organising meetings, circulating agendas and taking minutes.  A more substantial amount of work is likely to flow from the recommendations of the individual internal audit reports.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.6      DA2001/096      160415         Resolution of Conciliation Hearing - Valla Quarry

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment; Michael Coulter, General Manager         

 

Summary:

 

A summary is not required as previous recent reports have detailed the progress in this matter

 

 

Recommendation:

 

That the information concerning the result of the Conciliation hearing be received.

 

 

OPTIONS:

 

There are no options as this report relates to the resolution of the conciliation hearing.

 

 

DISCUSSION:

 

The conciliation was listed before Senior Commissioner Moore for further consideration on 4 March 2015.

 

The Applicant advised the Court that the application was now limited to 95,000 cubic metres, and not the 110,000 cubic metres sought in the modification application with the conditions to be as agreed between the applicant and council.

 

The matter was listed before Senior Commissioner Moore on the 27 March 2015 for the continuation of the s34 conference to determine whether or not the conciliation agreement was consistent with the Environmental Planning and Assessment Act.

 

Mr McEwan SC appeared for the Applicant.  The Senior Commissioner commented that he did not necessarily agree with all of the submissions made however he found that, on a very slim margin, he was able to find that the s34 conciliation agreement could be made in these proceedings.

 

The applicant’s solicitor was directed to amend the form of the agreement and order (to the correct format now required by the Court) and to file and serve those documents by Monday 30 March.  A copy of the agreement and order will be provided in due course.

 

Whilst not a matter for the court, Council required in the matter of legal fees that there be a written undertaking to pay Council’s agreed costs of $30,000.  This undertaking has been provided.

 

 

CONSULTATION:

 

There has been consultation with the Manager Development & Environment and Council’s solicitors.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment, Social and Economic

 

Whilst the economic, social, environmental and financial implications of the proposed agreement have been outlined in a previous report, the outcome of the conciliation hearing is considered to be a good result for Council and the community.  Council and the community have been able to participate in a legal process to determine the modification application at minimal cost.  Council has been able to achieve the following:

 

·      Increased restriction on the hours of operation of the rock pick.

·      Construction and maintenance of the quarry access road with a 2 coat bitumen seal.

·      Improvement of the intersection of Valla Road and Sullivans Road.

·      Increase in Section 94 contributions for road maintenance of Valla Road of 250% for that extraction volume above 50,000m3 (in situ).  That is a 250% (indexed) increase in the road maintenance contribution for up to the additional 45,000m3 (in situ).

 

Council has also avoided the costs of an appeal in the Land and Environment Court which may well have run to $100,000 with little prospect of a costs order.  There would also be the risk in such an appeal that the conditions which may have been endorsed by a Commissioner may not be as favourable to Council and the community as those negotiated above.

 

Risk

 

The risks in relation to the conciliation agreement have been outlined in a previous report.

 

The applicant’s announcement that they are now reducing the requested increase in annual production from 110,000m3 in situ to 95,000m3 in situ has from Council’s perspective further improved the negotiated agreement.  It is still an increase on the 82,807m3 in situ extracted in the 2014 calendar year but will mean less noise, dust and truck movements than the 110,000m3 in situ which was originally sought.

 

At the same time there will be benefits for Council and the community from the negotiated conditions which include a restriction on the hours the rock pick can be used; a 250% increase in the road maintenance contribution (above 50,000m3); the improvement of the intersection with Sullivans Road.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The increased section 94 contributions will improve Councils future budgets.

 

Source of fund and any variance to working funds

 

The impact of the proposed agreement on working funds has been previously reported.

 

Service level changes and resourcing/staff implications

 

At this stage there is no significant service level or staffing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.7      SF2070            160415         Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Michael Coulter, General Manager         

 

Summary:

 

The purpose of this report is to advise Council of a successful submission to the Mid North Coast Regional Boating Plan for Six (6) projects in the Nambucca Shire including an offer of matching funding to the complete the works by the end 2017.

 

 

Recommendation:

 

1        Council accept the offer of funding from Transport NSW.

 

2        There be a further report to Council on the sources of the required matching funds for the projects approved under the NSW Boating Now Program.

 

 

OPTIONS:

 

Council may choose not to accept funding for one or more the proposed projects.

 

Consideration was given to trying to defer a decision on the acceptance of the funding, however Transport NSW have been pushing Council for an answer and had nominated 14 April with an extension to 17 April as the due date.

 

 

DISCUSSION:

 

In 2014 the Minister for Roads and Freight announced the NSW Boating Now Program (replacing the former Better Boating Program) and allocated $14m per year for 5 years for the delivery of boating infrastructure throughout NSW.  The funding is derived from licenses and other fees associated with maritime activities.  The first stage of this program was to develop Regional Boating Plans in order to identify issues and key regional projects for future funding.

 

In 2014 Council’s staff including Council’s Strategic Planner, Community Development Officer and Grants Officer made a submission on the NSW Draft Regional Boating Plan for the Mid-North Coast Region.  Using existing plans and strategies Council made a submission identifying 8 projects, 6 of which have been accepted by Transport NSW for a total funding offer of $639,000 - matching funding needs to be sourced to secure the grant.  The table below shows each of the accepted projects:

 

 

Project

Description / Comments

Council (including management and in-kind)

Funds Offered

Total Cost &

Supporting documents

1.Stuart Island Boating Facilities Improvements Stage 2

 

 

Replacement of small wharf;

Sealing of inner parking area;

Recreational Shelters x2;

Ancillary facilities;

Pedestrian Paths to parking and foreshore;

Bank stabilisation and landscaping

$98,400

$98,400

Project identified in Nambucca River Masterplan. Stage 1 underway. Conceptual Planning for Stage 2 has been completed. Community facilities and public open SPACE Strategy 2015

 

Total Cost: $196, 800

2. Shelly Beach Boat Ramp and Facilities Improvements

Improve access and use of Shelly Beach boat ramp – maintenance of sand levels, redesign of ramp and wash down areas, stormwater drainage. Replace or renovate existing amenities block. Improve car parking.

$137,500

$137,500

Project identified in Coastal Zone Management Plan, Preliminary Stakeholder Consultation completed. Conceptual Planning Completed. Community facilities and public open Strategy 2015

 

Total Cost: $275,000

3. Gordon Park Boat Ramp

Improve access and use of Gordon Park boat ramp.  Improve recreation and parking area around boat ramp – new boat/trailer access and parking, upgrade amenity block for wheelchair access, install new timber deck at water, picnic shelter and shade trees

$287,000

$287,000

Project identified in Nambucca River Master Plan adopted by Council. Community facilities and public open Strategy 2015

 

 

 

 

Total Cost: $574,000

4. Macksville river foreshore facilities improvements

Improve access to waterway with 2 additional pontoons at Macksville.  Provide information and education on vessel safety around the bridges in Macksville.

$60,000

$60,000

Project identified in the Regional Boating Plan. Community facilities and public open Strategy 2015

 

Total Cost: $120,000

5. RSL Car Park Nambucca Heads

Improve use and access to waterway for passive water craft vessels - resurface boat ramp, establish small craft wash down area.  Improve safety and connectivity for water users – improve parking/trailer area with bollards, improve lighting, identify mix use area connect boardwalk with way-finder, stabilise the bank.

$27,000

$27,000

Project identified in Nambucca River Master Plan adopted by Council, and Regional Boating Plan. Community facilities and public open Strategy 2015

 

 

 

 

Total Cost: $54,000

6. Deep Creek Boat Ramp Improvement

Improve the main ramp for boat and other water activities. Remove debris near ramp. Formalise parking and improve access road following community consultation.

$25,000

$30,000

Project identified in Coastal Zone Management Plan. Community facilities and public open Strategy 2015

Total Cost: $54,000

 

Except for Stuart Island all the other projects require additional refinements to ensure they meet the community needs.  Stuart Island is ready to progress with the next stages of works; however staff will undertake some further consultation with relevant user groups about the detail of the works.

 

Council contributions or matching funds

 

For each of the projects a funding strategy will need to be developed using existing budget allocations where possible and an approximate in-kind contribution of 10-15% for each project (typically for project management and consultation).

 

The individual projects are discussed below.

 

Stuart Island Stage 2

 

This project has commenced and works have been undertaken as part of stage 1. A council budget has been available to complete additional works but these have been paused awaiting the announcement of the Regional Boating Plan Funding. Council is required to match $98,400 worth of funds offered by Transport NSW.

 

It is anticipated that the project will have the following outcomes shown in the below plan:

 

-     Sealing of internal trailer parking area

-     Installation of two new shelters and facilities

-     Pedestrian path link trailer parking and shelters to wharf and boat ramp

-     Replace existing wharf

-     Boat ramp improvement

-     Bank stabilisation and foreshore protection.

Shelly Beach

 

The two (2) main items that need work at this location include the boat ramp itself and the amenities block.  The Shelly Beach Boat ramp is deteriorating, it has been patched over time but in some areas the steel reinforcing is exposed and subject to the coastal environment.  This grant offers an opportune time to re-surface the ramp with funding assistance.

 

The toilet block in this area has also been identified as an item that needs renewal. It doubles as the Offshore Fishing Club and additional consultation will be undertaken with the Club to develop and plan for the amenities.

 

The other main items include defining the boat preparation area so it is only used for loading and unloading of the boats and also management of the stormwater which presently contributes to the deterioration of the revetment wall.

 

Council is required to match $137,000 of funds offered by Transport NSW.

 

Gordon Park

 

This is the largest of the projects identified in the plan for our area and Council is required to match $287,000 of funds offered by Transport NSW.  The application was largely based on the Gordon Park precinct identified in the Nambucca River Masterplan, however discussion with the Assistant General Manager Engineering Services and a number of river users groups have identified that the first requirement for this project will be to re-examine the masterplan.  Some key questions for the future of the area include:

 

-   Should the existing waterfront carpark be reclaimed for Open Space and re-constructed towards Wellington Drive as shown in the plan?

-     Should the area provide a space for mixed use development as shown in the plan?

 

Additional consultation will also be required with organisations such as the Tennis Club, the Gordon Park Rainforest Committee, river users etc as the master plan is re-examined.

 

As identified in the Masterplan the area has significant potential for not only river users, but the broader community and tourism.  With careful planning this project provides an opportunity to revitalise the water front area.

 

The adopted masterplan is displayed below:

 

 

 

 

 

Artist’s impression of Gordon Park post works above.  This project will provide the following outcomes:

 

-     Review of Masterplan

-     Boat ramp improvements

-     New amenities

-     Access amendments (pedestrian and vehicular)

-     Parking changes

-     Mooring deck and ancillary works

-     Picnic facility and open space improvements

-     Landscaping, bank stabilisation.

 

Deep Creek

 

The Deep Creek boat ramp is well used but is in reasonably poor condition.  Council has been offered $30,000 from Transport NSW to upgrade this ramp and surrounds.  Council is only required to match this project with $24,000.

 

Again this project will require additional consultation, but the project includes the following key outcomes:

 

-     Boat ramp upgrade

-     Access improvements

-     Protection of sensitive vegetation and interpretive signage (Deep Creek).

 

Nambucca RSL Carpark

 

Council has been offered $27,000 from Transport NSW, which we are required to match.  Again further consultation will be required in regards to this project but some initial consultation with the Nambucca River Users Group, Tourism Association and Offshore Fishing Club agreed to the proposed closure of the ramp for motorised vessels but retaining and retrofitting it to suit a passive craft launching area.

 

This would involve the re-surfacing of the ramp with an appropriate material to allow kayaks, canoes and like vessels to launch.  Surfaces will be no slip, low maintenance and long life materials.  This project would also involve the use of bollards to limit vehicle access and facilities to improve use for passive craft and pedestrians.  This is a more affordable option than the passive craft jetties and pontoons highlighted in the Masterplan and Estuary Management plan.

 

This project will provide the following outcomes:

 

-     Boat ramp re-surfacing

-     Potential wash down area and holding area for vessels

-     Wayfind (signs, bollards, lighting)

-     Landscaping and bank stabilisation.

 

Macksville Foreshore Facility Improvements

 

Council has been offered $60,000 from Transport NSW which Council is required to match. Originally this project was targeting two (2) pontoons on the northern side of the River.  However, through consultation with Macksville Rotary, the Nambucca River Festival Committee representatives, the Nambucca River Users Group and Macksville & District Chamber of Commerce an alternative project has been proposed.

 

Representatives of the above groups have requested that Council consider a project with three (3) main components on the southern side of the River adjoining River Street.  A letter from Rotary is provided to support this concept.  The proposal is to provide the following improvements:

 

-     a floating pontoon immediately west of the existing Jetty

-     upgrade to half of the existing timber jetty including a roof and more durable materials

-   improve access to the jetty and pontoon via generous stairs stretching from the existing toilets to the nearest half circle seating area.

 

The project has significant community support and will provide valuable assets for the river users as well as the Macksville community.  The community is offering $25,000 worth of in-kind labour via builders (J Bilson, D Banks and D Ainsworth).  The improvements will provide safer mooring for large vessels via the pontoon, a more prominent pedestrian access to the foreshore for general pedestrians and river users and a covered foreshore facility.  In addition to this the facilities may be used to support occasional events on the foreshore such as markets and festivals, the covered pontoon will provide a staging area and the stairs seating for events on the foreshore or river.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Asset Manager

Manager Infrastructure Services

Manager Development and Environment

Rotary (Macksville)

Nambucca River Users Group

Tourism Association

Offshore Fishing Club

Nambucca River Festival Committee

Macksville & District Chamber of Commerce

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Staff will be required to undertake appropriate environmental assessment for each of the proposed projects and environmental approvals from relevant agencies will be required for all works.

 

Social

 

The offer of funding for Council to improve the facilities relates to some of our greatest assets (our waterways), and is anticipated to provide contribute positively to the communities use of its estuary.

 

Economic

 

The quality of Council’s infrastructure on its estuary will affect tourism.

 

Risk

 

The major identified risk is in providing the matching funds which is discussed in the financial implications below.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Comment from General Manager

 

Council’s Strategic Planner has prepared a preliminary budget and source of funds which identified that a total of $193,000 in matching funding would be required from Council’s General Fund over the two financial years, 2016/17 and 2017/18.  This is a significant sum and further investigation is required to plan for the provision of the funding.  The other potential funding sources are Section 94 reserves and Council’s Environmental Levy.

 

It is also noted that Council may wish to apply significant funding to maintenance dredging which will also be funded $ for $.  It is unlikely that Council will have sufficient funding for the projects discussed in this report plus a maintenance dredging program of some scale.  Currently a funding commitment has only been made for the preparation of a maintenance dredging strategy.

 

The other option available to Council is to decline the funding offer for some or all of the projects listed in this report.  Given the importance of the estuary to the community’s quality of life and for tourism, it is recommended that Council accept the funding offer and further consider the sources of funding.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no impact on service levels or staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.8      SF2037            160415         Minutes of the Nambucca Shire Council Access Committee meeting held 24 March 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 February 2015 are attached for Council’s endorsement. 

 

There are 2 recommendations requiring Council’s attention as follows:

 

That in regards to the NSW Disability Inclusion Plan and in preparation for the development of a Disability Inclusion Action Plan by Council, over the next four meetings, the Committee address the four focus areas of:

1.   Developing positive community attitudes and behaviours

2.   Creating liveable communities

3.   Supporting access to meaningful employment

4.   Improving access to mainstream services through better systems and processes

 

That the Chairperson being Cr South, Deputy Chair being Peter Shales and members of the Committee being Dorothy Secomb, Keith Davis, Margaret Hutchinson, Alba Sky, Lee-anne Funnel, Les Small, Jenny Adams, Janet Pope, Peter Shales and Shirley Holmes, be endorsed by Council.

 

 

 

Recommendation:

 

1        That in regards to the NSW Disability Inclusion Plan and in preparation for the development of a Disability Inclusion Action Plan by Council, over the next four meetings, the Committee address the four focus areas of:

·              Developing positive community attitudes and behaviours

·              Creating liveable communities

·              Supporting access to meaningful employment

·              Improving access to mainstream services through better systems and processes

 

2        That the Chairperson being Cr South, Deputy Chair being Peter Shales and members of the Committee being Dorothy Secomb, Keith Davis, Margaret Hutchinson, Alba Sky, Lee-anne Funnel, Les Small, Jenny Adams, Janet Pope, Peter Shales and Shirley Holmes, be endorsed by Council.

 

3          That the remaining minutes be endorsed.

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

 

DISCUSSION:

 

The NSW Disability Inclusion Plan was launched by the Minister for Disability Services the Hon John Ajaka on 26 February 2015 at the Sydney Opera House.

The plan is the NSW Government’s commitment to identifying and breaking down the barriers which prevent those with disability from enjoying the same opportunities and choices as everyone else.

It aligns with the Australian National Disability Strategy and our obligations under the United Nations Convention on the Rights of Persons with Disabilities.

The plan has four focus areas that are aimed at creating long term change and require consistent efforts from government and the wider community. The focus areas are:

 

1.               Developing positive community attitudes and behaviour

2.               Creating livable communities

3.               Supporting access to meaningful employment

4.               Improving access to mainstream services through better systems and processes

 

The NSW Plan forms the basis for plans developed by Local Government. Councils are to have a Disability Inclusion Action Plan developed by 1 July 2017.  The Access Committee is well placed to commence the process.

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nothing identified

 

Source of fund and any variance to working funds

Nothing required

 

Service level changes and resourcing/staff implications

Nothing identified

Attachments:

1

8248/2015 - Minutes - Access Committee - 24 March 2015

 

  


Ordinary Council Meeting - 16 April 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 24 March 2015

 

PRESENT

 

Cr E South (Chairperson)

Dr Dorothy Secomb

Mrs Shirley Holmes

Mr Keith Davis

Mr Peter Shales

Ms Coral Hutchinson

Dr D Secomb

Ms Janet  Pope (Guide Dogs)

 

APOLOGIES

 

Cr A Smyth

Ms Margaret Hutchinson

Ms Lee-anne Funnell

Ms Jenny Adams

Mr Les Small

Ms Alba Sky

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              240315      Confirmation of the Minutes of the Previous Meeting held 24 February 2015

Recommendation: (davis/shales)

 

That the minutes of the meeting held 24 February 2015 be confirmed.

 

 

 

ITEM 3.2      SF2037              240315      Business Arising from Previous Meeting held  24 February 2015

ReSOLVED:

 

That the matters arising be noted.

 

 

ITEM 3.3      SF2031              240315      Correspondence to the Access Committee meeting 24 March 2015

ReSOLVED:

 

That the correspondence be noted.

 

 

 

ITEM 3.4      SF2031              240315      Report on General Business to the Access Committee 24 March 2015

Recommendation: (davis/shales)

 

That in regards to the NSW Disability Inclusion Plan and in preparation for the development of a Disability Inclusion Action Plan by Council, over the next four meetings, the Committee address the four focus areas of:

1.   Developing positive community attitudes and behaviours

2.   Creating liveable communities

3.   Supporting access to meaningful employment

4.   Improving access to mainstream services through better systems and processes

 

 

 

ITEM 3.5      SF2037              240315      Election of Chairperson and Confirmation of Committee

Recommendation: (DAVIS/POPE)

 

That the Chairperson being Cr South, Deputy Chair being Peter Shales and members of the Committee being Dorothy Secomb, Keith Davis, Margaret Hutchinson, Alba Sky, Lee-anne Funnel, Les Small, Jenny Adams, Janet Pope, Peter Shales and Shirley Holmes, be endorsed by Council.

 

 

   

NEXT MEETING DATE

The next meeting will be held on Tuesday 28 April 2015  commencing at 2.00pm.

 

CLOSURE

There being no further business the Chairperson then closed the meeting with the time being  3.43  pm. 

 

CR SOUTH

(CHAIRPERSON)


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.9      SF2037            160415         Minutes of the Nambucca Shire Council Access Committee meeting held 24 February 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 February 2015 are attached for Council’s endorsement. 

 

There is 1 recommendation requiring Council’s attention as follows:

 

·           That Council place a seat at the bus stop in Back Street Nambucca Heads (on the kerb side, with its back to the street) to assist the many elderly people who shop at Woolworths and use bus transport here.

 

Note:  the recommendation regarding Janet Pope’s membership is not included here as it is included in a separate item on this Agenda.

 

 

Recommendation:

 

1        That Council place a seat at the bus stop in Back Street Nambucca Heads (on the kerb side, with its back to the street) to assist the many elderly people who shop at Woolworths and use bus transport here.

 

2        That the remaining minutes be endorsed.

 

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

 

DISCUSSION:

 

Seat for Back Street Nambucca Heads

 

In November 2014, Council received a request to locate a seat in Back Street Nambucca Heads adjacent to Woolworths almost directly opposite Nambucca Valley Funerals as there is a bus stop at this location and many seniors have to stand there holding groceries, whilst waiting to catch a bus home. The request also referred to the many seniors in Nambucca Heads who reply on buses for their transport.

 

The matter was referred to Council’s Engineering section and staff followed the request through by consulting with the Chamber of Commerce and businesses in the vicinity.  The feedback was mixed and the matter appeared to be stalled until it was raised by a member of the Access Committee. 

 

The Chamber felt there was an opportunity to have the seat located with its rear to road abutting the telegraph pole; however there was also feedback from individual businesses in the area that installing seats creates an opportunity for people to congregate and become a nuisance. Further, there are other demands for footpath space in this area with Nambucca Funerals having planter boxes installed along their wall and Coral by the Sea using footpath space for tables. 

 

The age profile of the Nambucca Heads population is well documented and the demand for seating increases where there is an aged population therefore this request would not seem unreasonable.  There does not appear to be a history of complaints regarding unruly behaviour in this area, however Council must somehow reconcile this request with the views of some, that providing seats attracts anti-social behaviour.

 

Council will note that the Access Committee supports the request for the seat.

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

There is a risk that people will complain about the installation of the seat and there is also the possibility that people who aren’t catching the bus will sit there and socialise. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified

 

Source of fund and any variance to working funds

 

The installation of the seat will need to be placed on a priority list of works.

 

Service level changes and resourcing/staff implications

 

It is worth noting that minor matters like this where there are conflicting views, can consume a significant amount of staff time, usually at Manager level.

 

Attachments:

1

5648/2015 - Minutes - Access Committee - 24 February 2015

 

  


Ordinary Council Meeting - 16 April 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 24 February 2015

 

PRESENT

 

Cr E South (Chairperson)

Ms Jenny Adams

Mr Peter Shales

Mrs Margaret Hutchinson

Cr A Smyth

Dr Dorothy Secomb

Mr Keith Davis

Ms Alba Sky

Ms Coral Hutchinson

Mr Les Small

Ms Janet Pope (Guide Dogs)

 

 

APOLOGIES

 

Mrs Shirley Holmes

Ms Lee-anne Funnell

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              240215      Confirmation of the Minutes of the Previous Meeting held 25 November 2014

Recommendation: (SHALES/DAVIS)

 

That the Committee confirm the minutes of the meeting held 25 November 2014.

 

 

 

ITEM 3.2      SF2037              240215      Business Arising from Previous Meeting held  25 November  2014

Recommendation: (DAVIS/SMYTH)

 

That Janet Pope be endorsed as a member of the Access Committee.

That the matters arising be noted.

 

 

 

ITEM 3.3      SF2037              240215      Correspondence to the Access Committee meeting 24 February 2015

Resolved:

 

That the correspondence as reported be noted, together with the Coffs Harbour Access Advisory Committee meeting minutes 30 January 2015.

 

 

 

 

ITEM 3.4      SF2037              240215      Report on General Business to the Access Committee 24 February 2015

Recommendation: (SECOMB/DAVIS)

 

That Council place a seat at the bus stop in Back Street Nambucca Heads (on the kerb side, with its back to the street) to assist the many elderly people who shop at Woolworths and use bus transport here.

 

The following items were noted without formal recommendations:

 

1.   Accessible voting information for State election on 28 March.

2.   YMCA Swimathon on Sunday 1 March – fund raising for stronger wheelchair for use with chair lift. 20 students involved in Swimability.

3.   Changes to flight booking processes by Virgin Australia to make flying more accessible for people with disabilities.

4.   Seniors Week luncheon and computer workshops.

5.   Dr Karen Wolf, a specialist in working with children with vision impairment is visiting the region – 7 March, contact Guide Dogs.

 

 

   

NEXT MEETING DATE

 

The next meeting will be held Tuesday 24 March commencing at 2.00 pm.  This will be an election of chairperson and confirmation of Committee.

Note:  Cr Smyth will be an apology.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.20 pm. 

 

………………………………

CR SOUTH

(CHAIRPERSON)


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.10    SF2031            160415         Nambucca Shire Council Centenary Year 2015 - Additional Third Flag Pole and Flag for Administration Centre

 

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

 

Summary:

 

At Council’s meeting on 27 November 2014 it was resolved:

 

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

 

As this was not considered at the recent budget meeting, it is now being put to Council for consideration of funding from working funds.

 

It is intended to fly Council’s logo on a flag on this pole as well as “guest” flags which are requested be flown from time to time.  For example recently the Council agreed to fly the Red Cross flag to celebrate their centenary of operations.

 

 

Recommendation:

 

1        That Council approve of the purchase and erection of a third flag pole for the Administration Centre.

 

2        That Council approve the purchase of two new flags showing Council’s logo.

 

 

OPTIONS:

 

1              To refuse the purchase and erection of a third flag pole.

2              To refuse the purchase of two logo flags for Council’s Administration Centre

 

 

DISCUSSION:

 

At Council’s meeting on 27 November 2014 it was resolved:

 

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

 

As this was not considered at the recent budget meeting, it is now being put to Council for consideration for funding.

 

Two quotations have been received for the supply and delivery of a flag pole: one being for $1690.00 (plus GST) and the second being for $1208.00 (plus GST).  The installation of same would be carried out by Council staff.

 

Throughout the year there are occasions when Council is asked to fly a flag for another organisation.  Most recently Council agreed to fly the Red Cross flag to celebrate their centenary.  Currently to do this Council staff must take down the Aboriginal flag down for the duration of the time the “guest” flag is flown.  The third flag pole would allow us to fly our usual two flags as well as the “guest” flag.

 

It is intended to fly Council’s logo on the third flag pole at all other times.

 

The cost of two (one spare) flags with Council’s logo is approximately $370 (plus GST, plus postage). 

 

 

CONSULTATION:

 

General Manager

Flags of Australia

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

The installation of a third flag pole would enable Council to proudly fly its own flags and a guest flag when requested.  Flying Council’s logo would further show Council’s pride in this Valley.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on future budgets.

 

Source of fund and any variance to working funds

 

Costs can be met from working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to resourcing or staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.11    SF2038            160415         Outstanding DA's greater than 12 months, applications where submissions received not determined from 19 March 2015 to 8 April 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

2014/212

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/003

11/03/15

Relocated Dwellings (Principal & Secondary Dwelling) & Ancillary Garages

 

Lot 15 DP 786630, Connors Crescent, Macksville

SUBMISSIONS RECEIVED/STAFF COMMENTS

Three public submissions has been received. All oppose the development:

 

·        Dwellings have already been relocated to the site prior to approval being issued by Council

·        Aesthetics – the second dwelling will only have a negative impact on property values (primary dwelling is fine)

·        Secondary dwelling does not meet criteria of being no bigger than 50% of the floor area of the primary dwelling

·        Second dwelling has placed on the block in a different position to that shown on the site plan

·        Secondary dwelling will make the block look overcrowded

·        Concerned that there won’t be enough room for adequate septic systems

·        If secondary dwelling becomes a rental, traffic in the cul-de-sac will increase

·        The secondary dwelling is ugly and will block the light to the adjoining property

·        Only one dwelling should be permitted

·        Does not meet the objectives of R5 zoned land

·        Houses are too close to the property boundaries

·        Proposed central driveway would make the dwellings appears to be housing units. Shared use of driveway could lead to conflict.

·        House 1 is to be completely reclad and probably contains asbestos

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.12    SF2038            160415         2015 March - 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 March 2015 as at 7 April 2015.

 

Recommendation:

 

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

 

 

Attachments:

1

10104/2015 - Development Applications and Complying Development Applications Received - March 2015

 

  


Ordinary Council Meeting - 16 April 2015

2015 March - Development and Complying Development Applications Received

 



Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.13    SF2038            160415         2015 March - 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 March 2015 as at 7 April 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

10107/2015 - Construction Certificates and Complying Developments Approved - March 2015

 

  


Ordinary Council Meeting - 16 April 2015

2015 March - Construction And Complying Development Certificates Approved

 




Ordinary Council Meeting                                                                                                    16 April 2015

General Manager's Report

ITEM 9.14    E008/2015        160415         Expressions of Interest for the Provision of Legal Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is short.  A summary is not required.

 

 

Recommendation:

 

1        That Council seek expressions of interest in the provision of legal services with the intention of establishing a panel tender of preferred suppliers from which Council can choose a service provider/s.

 

2        That Council consult with Coffs Harbour, Bellingen and Kempsey Councils as to their interest in participating in the proposed expressions of interest and tender process.

 

3        That once established the panel for the provision of legal services be reviewed at 5 yearly intervals.

 

 

OPTIONS:

 

Council can elect not to test the provision of legal services in the market and continue with the existing arrangements.

 

 

DISCUSSION:

 

Council’s current arrangements for the provision of legal services are that conveyancing and property related matters are undertaken locally by Mr Terry Perkins and matters involving the Land and Environment Court (or litigation generally) are handled by the large international firm Norton Rose Fulbright whose office is in Sydney.  This arrangement has been in place for many years and has not been tested in the market.

 

Council’s Procurement of Goods and Services Policy requires the procurement of goods and services in the most timely, cost effective and environmental sustainable manner whilst meeting legal and statutory obligations.  The policy also lists the following parameters to attain this goal:

 

·      Open and effective competition

·      Council recognises the need to support local businesses when appropriate

·      Techniques designed to obtain the best prices/value available will be applied

·      Potential suppliers will be given fair and equitable consideration for each tender or quotation submitted

·      Environmental sustainability

·      Risk management

 

The NSW Local Government Act 1993 provides that when goods and services with a value greater than $150,000 (including GST) are being purchased, that Council must undertake the purchase by tender.  Formal tenders are to be invited either by public advertisement or from persons short listed as a result of a public advertisement for expressions of interest.

 

Whilst Council’s expenditure on legal services from year to year is quite variable, over a period of 5 years it is likely to exceed the tender limit of $150,000 and accordingly should Council choose to test the market, it is recommended that this be via an expressions of interest process and the establishment of a panel tender of preferred suppliers wherein Council will have some options in the selection of a legal services provider/s taking into account factors such as price, the complexity of the matter and previous performance.

 

The panel for the provision of legal services should be reviewed at 5 yearly intervals.

 

 

CONSULTATION:

 

There has been discussion about testing the market in Manex.

 

There has been consultation with the General Manager of Bellingen Shire Council about that Council’s arrangements for the provision of legal services.  The General Manager indicated that Bellingen Shire Council may be interested in participating in a joint tender.  At this stage there has not been any discussion with Kempsey Shire Council about their arrangements for the provision of legal services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The major risk relates to complying with the tendering requirements under the Local Government Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts at this stage.  One of the reasons

 

Source of fund and any variance to working funds

 

There will be some costs in advertising for expressions of interest.

 

Service level changes and resourcing/staff implications

 

There will be considerable staff time involved in managing the process and considering the submitted tenders to establish a panel of preferred suppliers.  The involvement of other councils may reduce both the resourcing requirements and the costs of advertising.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 April 2015

Corporate Services

ITEM 10.1    SF251              160415         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

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

Ordinary Council Meeting

16/07/2015

Council Chambers

5.30 PM

Access Committee

28/07/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

30/07/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

13/08/2015

Council Chambers

5.30 PM

Access Committee

25/08/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

27/08/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

10/09/2015

TBA

5.30 PM

Access Committee

22/09/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

24/09/2015

TBA

5.30 PM

Ordinary Council Meeting

15/10/2015

TBA

5.30 PM

Access Committee

27/10/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

29/10/2015

TBA

5.30 PM

Ordinary Council Meeting

12/11/2015

Council Chambers

5.30 PM

Vehicular Access to Beaches

13/11/2015

Council Chambers

1.30 PM

Ordinary Council Meeting

26/11/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

17/12/2015

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                                                                                                    16 April 2015

Corporate Services

ITEM 10.2    SF1120            160415         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That the list of grant applications and their status to 31 March 2015 be received.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Coastal Management Grant

Closed 20 February 2013

$55,000

$55,000 (Enviro Levy)

Stage 2 – Beaches Access ways program extension

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$111,000

$10,000 (Reserve funds)

Renovation and other associated works at Boulton’s Crossing Reserve

Department Sport and Recreation Macksville Skate Park

Closed 30 October 2013

$25,000

$200,000

some in kind,

s.94 funds

Redevelopment of skate park to higher standard.

ClubGRANTS 13/14

Macksville Fun and Fitness Precinct

Closed 10 April 2014

$975,565

$163,000

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

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

NEOC training facilities

Closed 18 October 2013

 

$20,060 but received $10,084

$4,600 (in-kind)

Purchase and installation of training equipment at NEOC

LIRS 3

Closed 31 December 2013

 

Up to $332,673 subsidy

NA

Bridges program III

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

 

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

NSW Seniors Week

Closed 19 September 2014

 

$3,450

$6,520 (in-kind)

Seniors’ workshops and intergenerational celebration/gathering

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

Protection of two endangered populations and treatment of Wakki Beach, Scotts Head and bush track

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$30,000

$3,000 (in-kind)

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

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$53,467

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

Construction of walkway in reserve between Ocean Drive and Beach

Office of Local Government – Responsible Pet Ownership Program

Closed 3 October 2014

 

$15,000

TBC

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

Indigenous Advancement Strategy – Department of Prime Minister and Cabinet

Closed 17 October 2014

Only approx. $60,000 of total request of $415,503

NA

Ritchie Donovan’s Health and Wellbeing Program partial funding for one year.

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Total

$1,998,399

 

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

$40,000

$35,000 (EL)

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

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

RMS – Pedestrian and Cycleway Infrastructure

Closed 12 December 2014

+$2m

 

NA

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

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$25,000

$25,000 (EL)

Dawkins Creek to Nambucca River Riparian management plan

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$50,000

$50,000 (EL)

 

Nambucca River – Bank Stabilisation and Restoration

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$82,150

$32,150 (EL)

$50,000 (Local Land Services)

 

Nambucca EcoHealth Monitoring Program

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$85,000

$50,000 (EL)

$25,000 (NSW Coastal Holiday Parks Trust)

$10,000 (Local Lands Services)

 

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$10,000

$10,000 (EL)

$10,000 (Local Land Services)

 

Valla Crown Reserve (Valla Beach) Endangered Ecological Community Restoration – Weed management and revegetation

 

Crown Lands

Public Reserves Management Fund

Closes 10 April 2015

TBC

TBC

Weeds on Crown Reserves 2015

 

 

Unsuccessful applications in this period: NONE

 

Funding Body

Amount

Amount - Council

Project Name

 

 

 

 

 

Notes

 

Community Groups assisted:

 

Bowraville Junior Football League – NSW Footy Funding January 2015

Macksville Primary School – Circus Funding January 2015

River Festival – Ride Around the River – DSR Sport and Recreation Events Grant January 2015

Macksville Gift - DSR Sport and Recreation Events Grant January 2015

Scotts Head Junior Sports Club Inc. - DSR Sport and Recreation Events Grant January 2015

Missabotti CoM – chairs for the Hall – FRRR Small Grants for Small Communities

Nambucca Valley Youth Services Centre – Commonwealth Bank’s Community Grants February 2015, FRRR Restore, Repair, Renew and SGSC Round 27 for Making Tracks/Music program projects

Bowraville Arts Council – digital cinema laptop FRRR Small Grants Round 27 March 2015

Nambucca Heads and Valla Chamber of Commerce – Post Office Mosaic, Australia Post Community Grants March 2015

 

Successful Community Group Grants

Macksville Showgrounds Ring Fence – Public Reserves Management Funding

Nambucca Heads and Valla Chamber of Commerce Mosaics – Community Arts Support Program

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF848              160415         Report on Rates and Charges for Assessment 11133536

 

AUTHOR/ENQUIRIES:    Chris Wills, Rates Officer; Michael Coulter, General Manager         

 

Summary:

 

The above assessment comprises land contained in Lot D DP 420534 at Wallace Lane, Macksville.  The registered owners are Neville Patrick Miles, Sandra Fay Miles and Andrew Roy Gray.  The land has an area of two hundred and twenty one point three (221.3) square metres and a Land Value of $11,100 (VG date 1/7/2013).  It is accessed via a Council lane off Wallace Lane. The LEP zoning is B3 - Commercial Core.

 

The property has been ‘sheltered’ from the normal rates and charges that apply to properties in the Business – CBD rating category/sub-category in that it has only been levied the ad-valorem amount for ordinary rate as well as the levy and base charge for the Environmental Rate.  The minimum amount for the ordinary rate has not applied nor has Council service charges for Water Access, Sewer Access or Vacant Waste Charge.

 

The Rates Officer wrote to the ratepayer advising them that the correct rates and charges would be applied to the property from 1/7/2015.

 

 

Recommendation:

 

1        That correct rates and charges be applied to the property from 1 July 2015.

 

2        That Council removes the Restriction as to User created by Council Resolution on 8 April 1982.

 

 

 

OPTIONS:

 

1        Council continue to ‘shelter’ the property from normal rates and charges, theoretically, at the expense of all other ratepayers.  This would be contrary to its adopted rating structure.

 

2        Council purchase the property and create a proper sealed parking area to service the surrounding businesses.

 

3        The property owners dedicate the land to Council and that Council maintain it as a sealed parking area to service the surrounding businesses.

 

 

DISCUSSION:

 

The property is used as a private parking area by adjoining businesses and also as a collection point for waste bins.  An aerial photo cadastre overlay showing the land is attached.

 

Access to the property is via an unsealed Council laneway off Wallace Lane, (being Lot C DP 420534) which the Council acquired in 1962 (Reference – Director of Engineering Services, report to Council 15/2/2012 - attached).

 

The Restriction as to User was created following a Council Resolution dated 8/4/1982 and the Manager Development and Environment can find no documentation detailing the reason why this Restriction was created.  The restriction is “that the owner for the time being of the land the subject of the burden of this covenant will not use the said land for any purpose other than as a car park”.  Furthermore, he is of the opinion that such a Restriction is not necessary and the owners should be able to apply for development consent if they so desire.

 

The property is within the statutory distances of Council’s water and sewer infrastructure and as such should be charged the Annual Water Access and the Annual Unconnected Sewer Charge that is applied to all other vacant land located within the statutory distances, being 225 metres for water and 75 metres for sewer.

 

The property is also not charged a Vacant Waste Management Charge that is applied against all other vacant properties.

 

In response to the owner’s letter of 31/1/2015 (attached):

 

“A – Council previously seconded part of this property for ‘right of way’ access for businesses surrounding the property”.  The previous property was subdivided into Lots C & D DP 422534 in 1960 with the purpose Lot C being a Right of Way to Lot D.  The Council subsequently acquired Lot C in 1962 and has reviewed it since, the last being the Director of Engineering Services, report to Council 15/2/2012:

 

“B – In 1998 Council changed the rating to the property, separating this property from the Strata Plan 19511 claiming there was not common ownership, prior to this both properties were combined under one rating”.  I assume from this that the Council in the past had aggregated properties for rating purposes and once this practice was ceased separate Notices were issued for each property.

 

“C – The property is used to store garbage bins for all surrounding businesses and to allow access to the rear of many businesses”.  It is also used as a parking area for vehicles presumably belonging to surrounding business proprietors or their staff; this is allowed under the Restriction as to User conditions.

 

“D – The property has a ‘restriction of use’ on the land which means it cannot be developed”. The Restriction as to User was created following a Council Resolution dated 8/4/1982 and the Manager Development and Environment is of the opinion that such a Restriction is not necessary and the owners should be able to apply for development consent if they so desire.

 

“E – There are no services to this block – no sewerage, water, garbage”.  As vacant land that is within the statutory distances of Council water and sewerage infrastructure annual charges should be applied; also a vacant waste management charge should be applied.  These charges are applied to all other vacant land where applicable.

 

“F – And no sealed access to the property – therefore there is little or no Council expenditure”.  The Director of Engineering Services, report to Council 15/2/2012 estimated the cost of repairing the parcel of land (Lot C) for vehicle access as a laneway to trafficable standard is estimated at $10,000.  Council is liable for further on-going maintenance.

 

“G – An increase of 1160% is an unreasonably significant increase – there are no means to recoup such an increase due to the restriction on the property”.  I agree in ordinary circumstances an increase of 1160% would be unreasonably significant, however the owners have been sheltered from the correct charges for many years and the Act provides no such avenue for applying rates and charges to this property different to any other property.”

 

 

CONSULTATION:

 

General Manager, Rates Officer and Manager Development and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No Impact

 

Social

 

No impact

 

Economic

 

Minimal

 

Risk

 

There are risks in relation to the options, and particular the potential expenditure of working funds.

 

There are also risks in Council establishing “individual” rating arrangements which are inconsistent with its adopted rating strategy and where other ratepayers may seek similar relief.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The loss of revenue to Council for 2014-15 is $1,164.41

 

Source of fund and any variance to working funds

 

No impact

 

Service level changes and resourcing/staff implications

 

No impact

 

Attachments:

1

9776/2015 - Lot D DP 420534 - Aerial Cadastre

 

2

1164/2012 - Report to Council -Use of Council Owned Land as Laneway Access

 

3

3395/2015 - Submission

 

  


Ordinary Council Meeting - 16 April 2015

Report on Rates and Charges for Assessment 11133536

 


Ordinary Council Meeting - 16 April 2015

Report on Rates and Charges for Assessment 11133536

 

Director of Engineering Services Report

ITEM 11.3    SF600              150212         Use of Council Owned Land as Laneway Access  - Lot C DP 420534 Wallace Street Macksville”

 

AUTHOR/ENQUIRIES:    Phillip Smith, Surveyor         

 


 

Summary:

 

Council has received several complaints regarding the state of repair of a parcel of land adjacent to Wallace Lane Macksville owned by Council being Lot C DP 420534.  The parcel of land is used as laneway access to a private internal car park being Lot D DP 420534.  Access/egress from the private car park to Wallace Lane is facilitated by a right of carriageway over the Council land.

 

There appears to be some confusion over the status of the land and whether or not Council is responsible for maintenance.  The subject parcel of land, which is currently being used as a laneway access (Lot C DP 420534) was sold to Council in 1962 for the amount for ₤1 and is freehold land owned by Council and has never been dedicated as Public Road and remains “Operational Land”.

 

A report was presented to Council in March 2008 recommending that the subject land be sold to the adjoining owners.  The Motion - That Council offer this land to the three adjoining land owners who do not have access entitlement, as tenants in common, to ensure access is not denied to any one property was lost.

 

 


 

Recommendation:

 

That Council offer Lot C DP 420534 for sale to one or more of the adjoining owners provided that all interested parties are given legal access to Wallace Lane.

 

 


OPTIONS:

 

·           Council sell Lot C DP 420534 to the adjoining land owners to access the private internal car park being Lot D DP 420534  

·           Council seek an annual contribution towards the maintenance of the parcel of land from the businesses benefiting from the use of the parcel of land

·           Council dedicate the unnamed lane as Public Road and provide funding for future maintenance

 

 

DISCUSSION:

 

Lot C was transferred to Council for ₤1 in 1962 for a public right of way.  The transfer included a right of footway and carriageway in favour of Lot D.  It seems that the intention was for Council to take over maintenance of the lane, (why otherwise transfer the land for only ₤1).  But there is nothing in the Council Minutes of the time to confirm this.

 

Lot D and Lot 12 DP 659758 (National Bank) are the only lots to have a legal right of carriageway over the Council land. Land to the south (Skylight Arcade, Optometrist, Department Store) does not have legal access over the Council land, but still use the Council land to get access to Wallace Lane.

 

Lot D is a private car-park used by adjoining businesses. Council may elect to maintain a “laneway status” for the parcel of land which provides access to a private car-park.  The cost of repairing the parcel of land for vehicle access as a laneway to trafficable standard is estimated at $10,000.(as there are drainage issues associated with the area).

 

Council considered the sale of the land in March 2008 and resolved not to sell the land.

 


CONSULTATION:

 

Director, Engineering Services

Manager Civil Works

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no perceivable environmental impacts.

 

Social

Concerns of local businesses regarding access and maintenance issues

 

Economic

See above

 

Risk

There are liability considerations for Council if an accident occurs on Council land.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Provision of annual funding towards the maintenance of the site.  Legal costs for sale and valuation fees are estimated at $2000, and value of land is estimated at $40000.  If Council take over maintenance – cost to bring the site up to a minimum standard is estimated in the vicinity of $10,000

 

There are drainage issues associated with the site and further costs to drain the site are anticipated

 

Source of fund and any variance to working funds

Additional working funds will be required for ongoing maintenance

 

 

 

 


Attachments:

1

1643/2012 - Site plan- Council land off Wallace Lane

 

2

7007/2008 - MINUTE Offer to Purchase Council Land (Council - 20/03/2008)

 

 


Ordinary Council Meeting - 16 April 2015

Report on Rates and Charges for Assessment 11133536

 


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF2025            160415         Approach to Bellingen Shire Council to explore any interest in a joint meeting to discuss possible amalgamation or other joint activity.

 

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

 

Summary:

 

It was resolved at the Council meeting 15th January 2015 that  representations be made to Bellingen Shire Council to gauge interest in a joint meeting of the two Councils to discuss possible amalgamation with Nambucca Shire Council or other joint activities.  The meeting was held 2nd March 2015.  The resolution was discussed and opportunities for regional co-operation were identified. Both Councils committed to further exploring these possibilities. Since the meeting Kempsey Shire has expressed interest in investigating a shared service arrangement between Kempsey, Bellingen and Nambucca Shires.

 

 

Recommendation:

 

That Council notes the response from Bellingen Shire Council and endorses on-going development of a shared services proposal.

 

That a Councillor or Councillors be nominated to participate in future discussions with other Councils on proposed shared service arrangements.

 

 

OPTIONS:

 

Council can choose not to pursue shared service arrangements.

 

DISCUSSION:

 

It was resolved at the Council meeting 15th January 2015 that 

 

“That 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”

 

The meeting was held 2nd March 2015 at Bellingen Shire Council Chambers.  It was an informal meeting and minutes were not recorded.  A summary of the conversation is below.

·      The resolution was discussed at length.

·      Alliancing (shared services) was supported by both Nambucca and Bellingen.  The possible role of a Joint Organisation or MIDROC was discussed.  It was concluded that it was possible an agreement could be independent of these organisations.

·      Cr Hoban noted that key driver for Nambucca Shire Council was showing Council would be financially sustainable into the future.

·      Opportunities for alliancing that had been developed by David Rawlings, General Manager of Kempsey Shire Council were tabled for discussion.

·      Principles for evaluating alliancing opportunities were discussed and it was concluded that a list of opportunities be prepared for considerations of both Councils.  The list was based on areas of interest to both Councils and seen as having the best possibility of returning positive results.

The list of identified possibilities is financial services, human resource management, information and communication technology, procurement and contract management, waste management, internal audit, service reviews and animal holding facilities.

·      Guiding principles in developing a proposal were discussed, it was agreed that any proposal should drive down costs, respect the career paths of employees, give preference to local suppliers, that any entity created to deliver shared services would be jointly owned and shared services should increase both Council’s capacity to efficiently deliver services to their respective communities.

·      It was suggested that a follow up meeting be scheduled in two months.

 

At a meeting of 27th March 2015, David Rawlings Manager of Kempsey Shire Council presented a more detailed and structured proposal to develop a business case for shared services.  The proposal included Bellingen, Nambucca and Kempsey Councils.  It is based on work completed by David and a report on Shared Services commissioned by MIDROC and produced by KPMG.  It would require an investment by Council that is not currently included in the current budget or the draft 2015/16 budget.  The initial discussions supported human resource management, financial services and information and communication technology as areas for investigation.  Nambucca strongly advocated that any shared services had a much greater probability of success if all participants are using the same corporate software and therefore information and communication technology should be one of the first services considered.  The proposal from Kempsey warrants further consideration.

 

Council has commenced an internal service review process.  The Service Delivery Review Manual published by the Australian Centre for Excellence for Local Government is being used.  The initial stage simply identifies the services Council currently provides, how much they cost and if there is a formal level of service.  This work should complement any of the proposals currently being considered.

 

 

CONSULTATION:

 

Cr Mark Troy (Mayor Bellingen Shire Council), Cr Desmae Harrison (Deputy Mayor Bellingen Shire Council), Liz Jeremy (General Manager Bellingen Shire Council), Cr Rhonda Hoban (Mayor Nambucca Shire Council), Cr John Ainsworth (Deputy Mayor Nambucca Shire Council), Michael Coulter (General Manager Nambucca Shire Council).

 

 

SUSTAINABILITY ASSESSMENT:

 

It is recommended that Council endorses ongoing development of a shared services proposal.  The associated environmental, social and economic impacts cannot be known at this stage. Any proposal should include a sustainability assessment.

 

FINANCIAL IMPLICATIONS:

 

It is recommended that Council endorses ongoing development of a shared services proposal.  The associated financial implication and impacts on service levels are not known at this stage. Any proposal should include predictions for both.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF1991            160415         Investment Report to 31 March 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2014 to 31 March 2015 is $1,214,231. (Cash Result)

Estimated Accrual interest up to 30.6.15 is $52,067

Anticipated interest return for financial year is $1,266,297.

 

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

 

Council currently has $33.376 Million invested:

·      $  5.816     Million with Managed Funds,

·      $  3.544    Million with On Call Accounts

·      $23.500    Million on Term Deposits

·      $  0.516    Million in a Floating Rate Note.

 

This report details all the investments placed during March and Council funds invested as at 31 March 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 31 March 2015 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during March 2015 and Council funds invested as at March 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 three quarters of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    T002/2015        160415         Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

 

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 T002/2015 for the Construction of Landslip Remediation, Rodeo Drive and Wirrimbi Road Intersection.

 

An open tender was conducted through Tenderlink which closed on 19 March 2015. A compulsory site meeting was held on 3 March 2015 which was attended by Council staff, a representative of the designers, Coffey Geotechnical Pty Ltd, and nine (9) representatives from potential tenderers.

 

Seven (7) conforming and three (3) alternative submissions were received from the following contractors:

 

·           EarthTEC Pty Ltd

·           Geotech Pty Ltd

·           Mainland Infrastructure Pty Ltd

·           Piling and Concreting Australia Pty Ltd

·           Specialised Geo Pty Ltd

·           Sporting Services Pty Ltd T/as Pan Civil

·           The Rix Group

 

 

Recommendation:

 

1        That Council accept the conforming submission for T002/2015 Construction of Landslip Remediation, Rodeo Drive, Wirrimbi, from The Rix Group 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:

 

An intense rain event January 2012 resulted in cracks appearing in Rodeo Drive westbound lane opposite the intersection with Wirrimbi Road.  A subsequent rain event in May 2013 resulted in a landslip below the road encroaching to within 1.0 metre of the edge of the bitumen.

 

The Attorney Generals Department announced on 3 February 2012 that natural disaster funding would be available for damage caused by the 28 January 2012 storm. The Attorney Generals Department announced on 28 June 2013 that natural disaster funding would be available for damage caused by the 25 May 2013 storm.

 

Coffey Pty Ltd was commissioned in Sept 2014 to carry out geotechnical investigations and prepare concept designs for remediation options.  A draft options report was presented to Council in November and a final report was received 10 December. The options considered were:

 

1   Realignment of Rodeo Drive

2   Soil Nail & Shotcrete Wall

3   Rock Fill

 

The Road Realignment option was rejected due to the undesirable road geometry that would result (compound curve) and other factors related to the proximity of the unstable topside embankment to the east of the road.

 

The Rock Fill option was the most expensive and would encroach extensively onto private land.  The Soil Nail and Shotcrete solution is estimated to be the least expensive and with the least risk.

 

Coffey’s report recommended a Soil Nail and Shotcrete wall option be constructed. RMS was consulted and a response was received 12 December 2014 concurring with the recommendation.

 

Coffey Pty Ltd was commissioned to proceed with preparation of detailed design drawings and specifications. These documents were received 11 February 2015.

 

Tenders were invited on 17 February 2015, and the tender closed 19 March 2015.

 

The submissions have been assessed by the evaluation panel in accord with the criteria and weightings set out in the tender documents.

 

·           Value for money                                          50%

·           Evidence of Expertise and Resources          30%

·           Proposed Duration                                                10%

·           Enhancement of Local Economy                  10%

 

A numerical evaluation resulted in the submission by The Rix Group receiving the highest overall score.  Rix is a well-established contractor with a good reputation for competency in this line of work.

 

The tendered price is within the budget allocated by RMS for this natural disaster funded project

 

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

 

Contractors have been requested to start in early May 2015 and complete the project by 30 June 2015.  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. Erosion and sediment controls will limit disturbance of the private land and dam below of the project. The site is a highly disturbed environment.

 

Social

 

The project will stabilize the road and prevent a possible collapse.

 

Economic

 

The project will reduce the risk of further costly restoration works being required in the future.

 

Risk

 

If the work is not undertaken the risk exists of collapse of the road.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The funds will be provided by RMS as Natural Disaster Funding.

 

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.  


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    T003/2015        160415         Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm road, Thumb Creek.

 

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 T003/2015 for the Construction of Landslip Remediation, Taylors Arm Rd, Thumb Creek, 55.5Km west of Macksville.

 

An open tender was conducted through Tenderlink which closed on 2 April 2015. A compulsory site meeting was held on 19 March 2015 which was attended by Council staff, a representative of the designers, Coffey Geotechnical Pty Ltd, and twelve (12) representatives from potential tenderers.

 

Seven (7) conforming and one (1) alternative submissions were received from the following contractors:

 

·           EarthTEC Pty Ltd

·           Geotech Pty Ltd

·           Mainland Infrastructure Pty Ltd

·           JB & JA Bilson

·           Specialised Geo Pty Ltd

·           Sporting Services Pty Ltd T/as Pan Civil

·           E A Negri Pty Ltd

 

 

Recommendation:

 

1        That Council accept the conforming submission for T003/2015 Construction of Landslip Remediation, Taylors Arm Road, Thumb Creek, from Pan Civil 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:

 

An intense rain event February 2013 resulted in a Land slip on Taylors Arm Rd 55.5 Km west of Macksville. The site of the landslip is on a serpentine section of road through steep country above Taylors Arm Creek. The road crosses a natural gully which has been channelled under the road through a concrete culvert. In the last decade the road was widened and the downstream embankment reinforced with the placement of fill material from a nearby cutting and the culvert was lengthened. In the intense storm event three lengths of reinforced concrete pipe culvert were dislodged and a large amount of material was lost from the downstream side of the road.

 

The Attorney Generals Department announced that natural disaster funding would be available for damage caused by the January 2013 storm.

 

Coffey Pty Ltd was commissioned in Sept 2014 to carry out Geotechnical Investigation and prepare concept designs for remediation options. A draft options report was presented to Council in November and a final report was received 11 December. The options considered were:

 

1        Terramesh / Paramesh reconstruction

2        Soil Nail & Shotcrete Wall

3        Rock Fill

 

Coffey’s designs have not attempted to reinstate the road to its pre landslip width or alignment, rather they have concentrated on the issue of the stability of the embankment.

 

Council acknowledges the reasonableness of this approach as the road geometry (post landslip) is currently being negotiated (hesitantly), and is of a similar standard to other serpentine sections Upper Taylors Arm Road.

 

However, post landslip, the road is not only narrow but extremely exposed with no restraint for erring traffic. There is not enough width in the road or stability in the embankment to install traffic barriers. Heavy vehicles (log trucks) that frequent this section of road are tracking right to the edge of the embankment. The material lost in the landslip was not only adding width to the road but was adding support to the embankment which is now very steep and vulnerable to further collapse. The culvert section partially dislodged in the storm event has shifted further in subsequent rain events and is in imminent danger of collapse.

 

Suggestions were discussed regarding improving the alignment by further excavation of the embankment above the road. Coffey’s report noted that these slopes are already extremely steep with evidence of prior landslips. The topography above the cut embankments continue to rise steeply. Any further excavation of these faces will be creating another risk of topside landslips or will require structural treatment make them stable.

 

Coffey’s report recommended the Terramesh/ Paramesh reconstruction option. It was estimated to be the most cost effective. The design includes the replacement of the damage culvert. Council accepted Coffey’s recommendation. RMS was consulted and responded on 12 December 2014 concurring with the recommendation.

 

Coffey Pty Ltd were commissioned to proceed with preparation of detailed design drawings and specifications. These documents were received in early March 2015. Coffey’s final design is a combination of gabion/ reinforced earth construction at the culvert and Soil Nail and mesh construction on the flanks. The full gabion/ reinforced earth option was discarded due to the extent of the disturbance, the poor foundation conditions and the duration of the road closure.

 

Tenders were invited on 10 March 2015, and the tender closed 2 April 2015. It is Council’s intention that construction will commence in May and all costs will be committed by 30 June 2015 to meet the time limits for natural disaster funding for this project.

 

The submissions have been assessed by the evaluation panel in accord with the criteria and weightings set out in the tender document. The Construction will require the closure of Taylors Arm Rd, isolating 6 properties west of the landslip site. The duration of the closure was a major factor in evaluating tender submissions.

 

Evaluation Criteria and Weightings:

 

·              Value for money                                        50%

·              Evidence of Expertise and Resources        25%

·              Proposed Duration                                    15%

·              Enhancement of Local Economy                10%

 

A numerical evaluation resulted in the submission by Pan Civil receiving the highest overall score.  Pan civil is a well-established contractor who has already completed 2 projects for Nambucca Shire Council and several projects for surrounding Councils. They have a wide range of experience and equipment making it possible for them to undertake and control all aspects of this multi-faceted project. Pan Civil have several staff living in the Nambucca Valley and nearby towns.

 

The tendered price is within the budget allocated by RMS for this natural disaster funded project.  Details of the tender submissions and evaluation are included in the confidential report.

 

 

CONSULTATION:

 

Coffey Geotechnics Pty Ltd

Assistant General Manager Engineering Services

Manager Assets

Andrew Rooney - RMS

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Construction will require the closing of Taylors Arm Road for several weeks. Consultation with landholders beyond the slip site is continuing. The topography will rule out the construction of a vehicular side track. A safe pedestrian crossing of the worksite will be maintained 24 hours a day. Vehicle parking bays will be provided on both sides of the worksite.

 

The site is a highly disturbed environment. Erosion and sediment controls will limit disturbance of the waterway downstream of the project

 

Social

 

The project will stabilize the road and prevent a possible collapse.

 

Economic

 

The project will reduce the risk of further costly restoration works being required in the future.

 

Risk

 

If the work is not undertaken the risk exists of collapse of the road.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The funds will be provided by RMS as Natural Disaster Funding

 

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.  


Ordinary Council Meeting                                                                                                    16 April 2015

Assistant General Manager Engineering Services Report

ITEM 11.3    PRF69              160415         Request for Assistance to Maintain Welsh Pioneer Park

 

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

 

Summary:

 

At its meeting on 13 February 2014 Council resolved to relinquish the Macksville Lions Club (being a Section 355 Committee of Council) of the care, control and management of Welsh Pioneer Park and agreed to the proposal that the Talarm Hall Committee of Management take over the care, control and management of Welsh Pioneer Park in addition to the management of the Talarm Hall.

 

The Talarm Hall Committee is now seeking Council assistance in maintaining the Welsh Pioneer Park located on Welshs Creek Road, Talarm.

 

 

Recommendation:

 

1        That Council acknowledge the volunteer work provided to service the reserve and advise the Talarm Hall Committee that due to the financial constraints placed on Council and significant aging infrastructure across the Shire, Council is not in a position to provide any additional resources or funding towards the reserve and is unable to accede to their request for:

 

a    Assistance to mow and maintain the reserve with day or contract labour

b    Provide a garbage bin and waste service to the reserve by day or contract labour

c    Provide any assistance in repairing the Swimming area and boat access facilities.

 

2        Council advise the Talarm Hall Committee that when considering the 2012/13 budget for Parks and Gardens the vote was reduced by $25,000.00 to balance the budget and that this area has only been increased with the rate pegging limit since that budget.

 

3        That Council advise the Talarm Hall Committee that interim assistance can be provided for the mowing of the reserve via other means (for the cost of fuel) with the use of the Work for the Dole program which is scheduled to commence in the 2015/16 financial year and that this assistance can be made available while the Work for the Dole program continues.

 

4        That Council review the long term future of the reserve and its management with the Talarm Hall Committee giving consideration to the removal of any infrastructure and returning the area to a natural reserve.

 

5        Council continue the progressive installation of warning signs to the outlying reserves along the river estuary which would include the Welsh Pioneer Reserve if the reserve was to remain open for public use.

 

 

OPTIONS:

 

1        Note the report and endorse the recommendations.

2        Allocate funds to undertake the work.

3        Consider extending services to the area which is an increase level of service not funded with the current or future budgets (at the time of this report the cost has not been calculated).

4        Undertake the maintenance through the Work for the Dole program – noting this is only limited the continuation of the funding for the program.

 

Request for waste service collection:

 

Waste collection is undertaken by the Town Services Gang and the level of service provided across this team is subject to a report to Council on the Organisation Structure within Infrastructure Services.

 

Over the past 24 months a number of small but significant changes have been implemented to reduce the cost of the service (in labour and travel) and address the illegal dumping of commercial and domestic waste in reserves.

 

Some of the changes undertaken to service outlying waste areas include:

 

·      Eungai – Council day labour service removed and transferred the waste collection to a commercial service with an additional service provided for special events or as required.  The net result to Council is a saving in labour and travel to collect the waste and Council paying the domestic collection cost

1 x 240 lt MGB mixed waste removed from day labour collection.

 

·      Taylors Arm - Council day labour service removed and transferred the waste collection to a commercial service with an additional service provided for special events or as required.  The net result to Council is a saving in labour and travel to collect the waste and Council paying the domestic collection cost:

2 x 240 lt MGB and 1 x 65 lt street bin mixed waste removed from day labour collection.

 

·      Welshes Pioneer Reserve - Service removed altogether due to illegal dumping of domestic waste and signage installed advising the users of the reserve to take their rubbish with them as the reserve was no longer serviced.

 

Request for mowing of the reserve:

 

The Work for the Dole program has proved quite successful at Gumma Reserve and at a number of other sites across the Shire.  Discussion with the provider that administers this program has indicated that the Work for the Dole program will continue into 2015/16 and beyond.

 

Two complete gangs will be made available (between 6 to 10 people) to Council, providing 4 days in each week and it is recommended to use this program to assist the Talarm Hall Committee maintain the reserve as an interim short term solution.

 

Request for signage and bollard and repair to the swimming area:

 

The reserve is managed by a Section 355 Committee, and Council has not previously maintained this reserve.  The activities of swimming and boating have been promoted at the user’s risk.  This is a potential risk issue within itself as the site is being promoted for these activities and therefore some form of risk management is required as a risk liability to Council remains regardless of who manages the site.

 

Council has progressively been installing warning signage at high use areas located along the beaches and river park areas.  (As evidenced in the recent presentation on the Coastal Public Safety Risk Assessments - Nambucca Local Government Area - Project Blueprint at the meeting 26 March 2015).  There is no warning signage with respect to the use of Welshs Pioneer Reserve at the present.  Council is progressively installing warning signage to the outlying reserves along the river estuary.

 

 

CONSULTATION:

 

Manager Infrastructure Services

Parks and Reserves Supervisor

Risk Safety Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is a potential impact on the environment associated with the use of this area.  If the Section 355 Committee and Council are unable to continue the maintenance of this reserve, it is prudent to plan to rehabilitate the area back to a natural state (possibly funded from the environmental levy) over time or as other funding permits.  There were significant implications to the environment from the dumping of domestic waste at the reserve. 

 

Social

 

The social implications are unknown as there is no statistical data on the amount of use for this reserve, nor the impact a closure of the reserve would have.

 

Economic

 

The economic implications are unknown as there is no statistical data on the amount of use for this reserve.

 

Risk

 

An unmanaged reserve located on a water body poses a significant risk, this can be managed through signage high lighting the potential risks to the user of the facility.  This does not necessary mitigate Council’s responsibilities.  There are also implications to Council as follows:

 

a    in the event of an incident occurring at the reserve which has not been maintained or appears to have been improved to encourage use

b    of negative comment from the community that use the reserve has ceased

c    that an unmanaged reserve may be subject to dumping of waste or becoming overgrown with noxious weeds.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the 2014/15 budget for maintenance or other works for the Welsh Pioneer Reserve.

 

Council would recall that in determining the 2012/13 budget that Council resolved to reduce the Parks and Gardens vote by $25,000.00 to balance the budget and this area has only been increased with the rate pegging limit since then.

 

There is an amount of $5000.00 in the current budget and draft 2015/16 budget towards the purchase and installation of beach hazard warning signage.

 

Source of fund and any variance to working funds

 

There are no variations proposed if Council adopt the recommendations within this report.

 

Attachments:

1

7994/2015 - Request for consideration of ouncil assistance with ongoing maintenance at Welsh Pioneer Park

 

  


Ordinary Council Meeting - 16 April 2015

Request for Assistance to Maintain Welsh Pioneer Park