NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

25 June 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 - 25 June 2015

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 11 June 2015...................................................................................... 5

5        NOTICES OF MOTION

5.1     Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)............................................................................................................ 14

5.2     Jamie Bekis - Donation................................................................................................... 35  

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     Inquiry into Local Government in New South Wales........................................................... 41

9.2     Outstanding Actions and Reports.................................................................................... 50

9.3     Outstanding DA's greater than 12 months, applications where submissions received not determined from 4 June 2015 to 17 June 2015................................................................................... 56

9.4     Profile & Performance of the NSW Local Government Section 2013/14 - Comparative Data 58

9.5     Environmental Levy Proposed 15/16 Budget ................................................................... 61

10      Assistant General Manager Corporate Services Report

10.1   Making of Rates and Charges 2015/2016......................................................................... 66

10.2   Schedule of Council Public Meetings............................................................................... 72

11      Assistant General Manager Engineering Services Report

11.1   Application for Temporary Road Closure -  Naidoc Week March and Drag-Ens Hot Rod Displays..................................................................................................................................... 73

11.2   Suitability of Nose-to-Kerb Parking within Nambucca Shire .............................................. 75

11.3   Bellingen-Bowraville Road............................................................................................... 86

11.4   DRAFT Water Policy with Demand Management and Water Conservation  ........................ 91     


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 11 June 2015

The following document is the minutes of the Ordinary Council meeting held 11 June 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 25 June 2015 and therefore subject to change.  Please refer to the minutes of 25 June 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Richard Spain (A/g AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

APOLOGIES

 

Paul Gallagher, Assistant General Manager Engineering Services

 

 

PRAYER

 

Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 (points 3 and 4) Review of Policy on the Payment of Section 64/94 Developer Contributions under the Local Government Act Kerrs/Ryeline are customers of her employer and they will potentially be quoting on fuel for this subdivision/works.  Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.6 Transfer of Eungai Pre-School under the Local Government Act as Cr MacDonald’s sister is an employer of the Nambucca Valley Children’s Group.  Cr MacDonald left the meeting for this item.

 

Councillor B Morrison declared a non-pecuniary significant conflict of interest in Item 9.11 Removal of Registered Nurses from Nursing Homes under the Local Government Act as Cr Morrison’s wife is an Aged Care Nurse working in an Aged Care Facility in Nambucca Heads. Cr Morrison left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.11 Removal of Registered Nurses from Nursing Homes under the Local Government Act as Cr Flack is a registered nurse (not working in aged care) and member of the NSW Nurses and Midwives Association.

 

Councillor R Hoban declared a pecuniary interest in Item 11.1 Tender T007/2015 for Construction of a Recreation Room at Macksville Memorial Aquatic Centre under the Local Government Act as Cr Hoban has a family member working for a firm that she believes has a subcontract relationship with one of the tenderers.  Cr Hoban left the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 May 2015

 

867/15 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 28 May 2015 be confirmed.

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2049              110615      Notice of Motion - LGNSW Annual Conference Call for Motions (SF45)

867/15 RESOLVED:        (Hoban/Smyth)

 

That Councillors forward proposed motions for the LGNSW Annual Conference Business Paper to the Mayor by COB 30 June 2015 for reporting back to Council for endorsement prior to submission to the Association.

 

 

 

NOTICE OF MOTION - CR Morrison – LATE

 

ITEM 5.2      SF2049              110615      Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

Motion:      (Morrison/Ainsworth)

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation.  Submissions are required by 26 June 2015.

 

Amendment:       (Flack/Smyth)

 

That Council makes a submission but the content of the submission be deferred to Council’s meeting on 25 June 2015 so that it may be finalised at that meeting.   And further, that any Councillors wishing to contribute to the submission have their submission to the General Manager by Wednesday 17 June 2015.

 

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

 

868/15 Resolved:        (Flack/Smyth)

 

That Council makes a submission but the content of the submission be deferred to Council’s meeting on 25 June 2015 so that it may be finalised at that meeting.   And further, that any Councillors wishing to contribute to the submission have their submission to the General Manager by Wednesday 17 June 2015.

 

  

 

PUBLIC FORUM/DELEGATION

 

RECOMMENDATION

 

That the following delegations be heard:

 

          Ms Samantha Cox - Keeping Registered Nurses in Aged Care 24/7

 

Cr Morrison left the meeting for this Item at 5.51 pm and returned after the conclusion at 6.10 pm.

 

Ms Cox addressed Council.  A copy of her speaking notes are found in the General Manager’s report.


 

ITEM 9.11    SF952                110615      Public Forum - Removal of Registered Nurses from Nursing Homes

869/15 RESOLVED:        (Flack/Ainsworth)

 

That Council acknowledge that all residents in Nursing Homes should be provided with quality care led by Registered Nurses; notes with concern the potential risk to residents of Nursing Homes across Nambucca Valley Shire of the removal of the requirement to have a Registered Nurse on duty at all times; supports the NSW Nurses and Midwives Association campaign to ensure permanent legislation is in place requiring a registered Nurses on duty at all times and the appointment of a Director of Nursing in all NSW nursing homes, as a minimum, and writes to the NSW Minister of Health, the Hon. Jillian Skinner MP and Shadow Minister for Health, Walt Second MLC conveying the resolution.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                110615      Outstanding Actions and Reports

870/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2      SF137                110615      Anzac Day 2015

871/15 RESOLVED:        (MacDonald/Smyth)

 

That Council formally thank all of those involved in the Bowraville Anzac Day Committee for the outstanding job they did in organising the Centenary of Anzac Service at Bowraville.

 

 

 

ITEM 9.3      SF1031              110615      Review of Policy on the Payment of Section 64/94 Developer Contributions

872/15 RESOLVED:        (Ainsworth/South)

 

That items 1 to 4 below be dealt with individually.

 

873/15 Resolved:        (Ainsworth/South)

 

1        That Council adopt the revised policy on the payment of Section 64/94 developer contributions.

 

For the motion:      Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South    (Total 6)

Against the motion:Councillors Flack and Smyth              (Total 2)

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

874/15 Resolved:        (Ainsworth/South)

 

2        For the purposes of the revised policy, that Council utilise the attached Deed of Agreement subject to:

 

·      Clause 3 being amended to provide for payment upon settlement (instead of within 48 hours)

·      Clause 5 providing for a 5 year period for the payment of all contributions.

·      A schedule being provided to the Deed of Agreement listing the contributions payable for each lot and the application of the CPI index to the contributions each anniversary of the agreement.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

Cr MacDonald left the meeting for Items 3 and 4 below at 6.21pm and returned after the conclusion of the items 3 and 4 at 6.22 pm.

 

875/15 RESOLVED:        (Ainsworth/South)

 

3        That Council enter into a Deed of Agreement with Mr Barry Kerr (Ryeline Pty Ltd) for deferral of developer contributions to be paid on settlement of each subdivided lot with Council’s interest in the payment of such contributions being “secured” by a caveat on each title.  As per the provisions of the revised policy this arrangement is to be restricted to a maximum of 30 lots.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

876/15 Resolved:        (Ainsworth/South)

 

4        That Council’s seal be attached to the Deed of Agreement between Council and Ryeline Pty Ltd as required.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

 

 

ITEM 9.4      SF323                110615      Nambucca Entertainment Centre - Request to Change Name to "The Nambucca Community and Arts Centre"

877/15 RESOLVED:        (Flack/Smyth)

 

That Council endorse the “Nambucca Entertainment Centre” being renamed, “The Nambucca Community and Arts Centre”.

 

 

 

ITEM 9.5      SF848                110615      Issues Arising from a Compliance Audit of Council's Eligibility for a Dividend from its Water and Sewerage Operations

878/15 RESOLVED:        (MacDonald/Ainsworth)

 

That the information concerning the outcome of the audit of Council’s compliance with the eligibility criteria set out in the NSW Office of Water Guidelines be received.

 

 

 


Cr MacDonald left the meeting for this item at 6.26 pm and returned after the conclusion at 6.26 pm.

 

ITEM 9.6      SF1239              110615      Transfer of Eungai Pre-School

879/15 RESOLVED:        (Ainsworth/Smyth)

 

1        That Council transfer the ownership of the Eungai Pre-School to Lifetime Connect Inc. for $1.00 plus compensation to them of $20,000 excluding GST on the basis that Lifetime Connect Inc. 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.

 

 

ITEM 9.7      SF722                110615      Change to Natural Disaster Relief and Recovery Funding Arrangements

880/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council make representations to the Member for Oxley and Member for Cowper in relation to the new policy/interpretation of the National Disaster Relief and Recovery Funding Arrangements to exclude as a claimable expense work undertaken by Council staff during their normal hours, noting that this will likely further delay NDRRA funded repairs and potentially increase the cost of such work.

 

2        That Council put a notice of motion to the LGNSW Conference seeking reinstatement of the claimable expense pertaining to the use of Council staff during normal working hours to undertake repairs associated with declared Natural Disaster events.

 

3        That Council write to the Premier expressing its strong concerns on the impact of this change, particularly for an area that receives high rainfall.

 

881/15 Resolved:        (Hoban/Ainsworth)

 

4        That Council makes representation to the Local Member and Minister for Emergency Services seeking an urgent determination of Nambucca Shire Council’s application for a Disaster Declaration for the rainfall event of 30 April 2015 to 2 May 2015.

 

 

ITEM 9.8      SF2038              110615      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 May 2015 to 3 June 2015

882/15 RESOLVED:        (Flack/Smyth)

 

That the information be noted by Council.

 

 

ITEM 9.9      SF2038              110615      2015 May - Development and Complying Development Applications Received

883/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 


 

ITEM 9.10    SF2038              110615      2015 May - Construction And Complying Development Certificates Approved

884/15 RESOLVED:        (Flack/Smyth)

 

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

 

 

ITEM 9.11 was dealt with under Delegations.

 

 

ITEM 9.12    SF114                110615      Local Government Reform - Position of United Services Union (USU)

885/15 RESOLVED:        (Flack/Smyth)

 

That the information concerning the position of the United Services Union in local government reform be received.

 

 

ITEM 9.13    SF639                110615      Review of Council's Organisation Structure

886/15 RESOLVED:        (Ainsworth/South)

 

1     That Council note that consultation following the review of Infrastructure Services has resulted in the six affected employees opting for voluntary redundancy.

 

2     That the following amendments to the organisation structure be adopted:

 

i.    Business Services Co-ordinator deleted and hours redeployed within the Business Services Unit

ii.   Ranger reduced from EFT 2 to EFT 1

iii.  Creditors Clerk to report to Accountant

iv.  Sewer Attendant changed to Sewer Attendant/Relief Operator

v.   Town Services Attendant reduced from EFT 5 to EFT 3.

 

3     That the savings in wages from the reduction in Town Services staff be reallocated to the capital refurbishment of the public amenities in the 2015/16 budget and be further considered in the 2016/17 budget if required.

 

4     That a report come to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

 

ITEM 9.14    SF1148              110615      Council Ranger's Report May 2015

887/15 RESOLVED:        (Smyth/Ainsworth)

 

That Council’s Ranger’s report for May 2015 be received and noted by Council.

 

 

ITEM 9.15    SF2049              110615      Report on the use of motels for long term accommodation

888/15 RESOLVED:        (Smyth/Ainsworth)

 

With respect to the Nirvana and Blue Dolphin Motels that the Orders provisions of the Environmental Planning and Assessment Act 1979 be employed to resolve the unauthorised Boarding House aspects of the current land uses and substandard fire safety within the premises.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1620              110615      Draft Integrated Planning and Reporting Documents

889/15 RESOLVED:        (MacDonald/Smyth)

 

That Council adopt:

 

1        The Draft Operational Plan 2015-16

2        The Draft Revenue Policy 2015-16

3        The Draft Long Term Financial Plan 2015-2025.

 

 

 

ITEM 10.2    SF1991              110615      Investment Report To 31 May 2015

890/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

The Mayor left the meeting for this Item at 7.07 pm.

Cr Ainsworth took the Chair for the duration of this Item.

The Mayor returned to the Chair at the conclusion of this Item at 7.09 pm.

 

ITEM 11.1    T007/2015           110615      Tender T007/2015 for Construction of a Recreation Room at Macksville Memorial Aquatic Centre

891/15 RESOLVED:        (Morrison/Smyth)

 

1        That Council accept the conforming submission for T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre from Commercial Project Group Pty Ltd.

 

2        That Council update the Contract Register.

 

For the motion:      Councillors Morrison, Flack, Smyth, Finlayson, Ainsworth, MacDonald and South                                 (Total 7)

Against the motion: Nil

 

    

ITEM 12.2    T007/2015           110615      Tender T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre

892/15 RESOLVED:        (Morrison/Flack)

 

That Council note the tendered sums and assessment results enclosed for T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre.

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

893/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

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

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    EF4021              110615      Assistant General Manager Engineering Services - Request to Renew Contract

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    T007/2015           110615      Tender T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2047              110615      Dog Breeding at 83 Old Coast Road, North Macksville

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.10 pm.

 

 

 

RESUME IN OPEN MEETING

 

894/15 RESOLVED:        (Ainsworth/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.27 pm.

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    EF4021              110615      Assistant General Manager Engineering Services - Request to Renew Contract

895/15 RESOLVED:        (Flack/Smyth)

 

1        That Council advise Mr Paul Gallagher that it wishes to enter into a future employment contract with him as Council’s Assistant General Manager Engineering Services.

 

2        That Council seek independent advice as to the remuneration package for the position of Assistant General Manager Engineering Services so that it accords with the market for similar sized councils.

 

3        That Council formally thank Mr Gallagher for the contribution he has made to improving Council’s financial sustainability.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2047              110615      Dog Breeding at 83 Old Coast Road, North Macksville

896/15 RESOLVED:        (Ainsworth/Morrison)

 

1          That Council’s solicitors be requested to write to the property owners advising them that their proposed dog breeding is a commercial activity and if it continues that Council will seek orders in the Land and Environment Court to stop it as well as an order for costs.

 

2          If sufficient evidence is obtained demonstrating that breeding of dogs for a commercial purpose is being undertaken at 83 Old Coast Road, North Macksville that Council staff be provided with delegated authority to commence proceedings against the owners of the premises for their offence against section 76B of the Environmental Planning and Assessment Act 1979.

 

3          That Council rescind its resolution made on 30 April 2015 to issue an order under section 124 of the Local Government Act 1993 to reduce the number of dogs kept at 83 Old Coast Road, North Macksville to two.

 

4          That Council give the owners of 83 Old Coast Road, North Macksville a period of 6 months to reduce the number of dogs on the premises to six dogs and that Council staff proceed to issue an order under section 124 of the Local Government Act 1993 to this effect.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.28 pm. 

 

Confirmed and signed by the Mayor on 25 June 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                    25 June 2015

Notice of Motion

ITEM 5.1      SF2049            250615         Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Bob Morrison, Councillor         

 

Summary:

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation.

 

 

Recommendation:

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation. Submissions are required by 26 June 2015.

 

 

 

DISCUSSION:

 

This Notice of Motion was considered by Council at its meeting on 11 June 2015 and it was resolved as follows:

 

“That Council makes a submission but the content of the submission be deferred to Council’s meeting on 25 June 2015 so that it may be finalised at that meeting.  And further, that any Councillors wishing to contribute to the submission have their submission to the General Manager by Wednesday 17 June 2015.”

 

What follows is the content of the Notice of Motion submitted to Council’s meeting on 11 June 2015.  The proposed submission is attached to the report.

 

From the last Government report on our Shire, our financial situation was classed as weak and our outlook for the future was classed as negative.

 

Our Council of late has been working on our FIT FOR THE FUTURE report to the Government.  Although this report illustrates how we can improve our Shire for the future, it does not provide certainty.

 

In simple terms the future of our Shire depends on improving the rating situation by having more people and families settling in our area and improving our business industrial base.  It also depends on an increase in tourism because as shown by anecdotal evidence, a large percentage of those people and families visiting our area as tourists later become residents.

 

We are very lucky in our Shire that we have a new dam and new sewerage works capable of providing an infrastructure for many thousands of extra persons settling in our area together with this, we also have additional subdivisions opening up.  What we lack are persons moving to and settling in our area.

 

We have a pristine environment, we have a variety of community groups providing community activities and support for our community and our infrastructure is capable of supporting many more people in our area.  What is still required is that we have the facilities that will attract people to visit as tourists and later settle in our area.  Previously an important feature of this was the quality of activities and the fish in our rivers which attracted many people to come here for holidays and later settle.

 

The problem now is with our rivers, namely lack of fish causing many families and tourists to bypass our area for other areas.  The present cause of our problems is Fisheries causing our rivers to be open to commercial fishing and closing all the other rivers around our area with the result that the commercial fishers both with licenses and those without licenses raping our rivers of our fish stocks and destroying fish habitat.

 

This Council has attempted to bring this matter forward to Fisheries.  Fisheries have totally ignored our requests to address Council, and answer our questions concerning fish and fishing in our rivers.

 

This now leads me to put forward the above motion, to make it mandatory for the Fisheries Department to consult with us in matters concerning our rivers.  There is nothing in the attached proposal that makes changes to the Fisheries Management Act 1994 (attached) making them consult with us on matters concerning our rivers.  The aim is to make it mandatory for them to consult us on matters concerning our rivers and not treat us in the ignorant, supercilious way they have in the past.  This is the reason that we should put in such an amendment proposal to make the government aware of the way Fisheries have behaved which is affecting our shires future.

 

The following is an example of the way Fisheries have treated this Shire over the last three years during this term of Council.

 

Some Recent History

 

In the Nambucca River, Creeks, Estuaries and Coastline Management Committee meeting held on Friday, 20 September 2013.  The following motion was proposed and passed unanimously:

 

"That this committee provides support for Council in any initiative to close our rivers to commercial fishing and encourage our Council to become a fish friendly Council with the aims of protecting fish habitat and encourage sustainable recreational fishing".

 

In passing this motion, it should be noted that recreational fishing is sustainable and that is because of size limits and bag limits placed on recreational fishers and not the free for all we have with commercial harvesting.

 

At Council’s meeting on 31 October 2013 the following motion was resolved:

 

"That in respect to item 7 above, Council request the Department of Fisheries to write to those people and organisations where it is considered that this motion may have either a positive or negative effect on their business or the Shire if the river was closed and to ask these organisations and people for their opinions. E.g. those with fish licences, fish shops and other organisations that provide tourist facilities like caravan parks and our local tourist committee and associations."

 

Our request was ignored.  Reminder letters were sent to Fisheries but no replies were received.  Again our requests were ignored.  As a result of this, Council at their meeting of 29 May 2014 resolved:

 

That Mr Andrew Goulston and Mr Darren Reynolds from the Fisheries (Coffs Harbour) be invited to address Council on the state of recreational fishing in our Shire’s rivers and be requested to answer questions.

 

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

For the Motion: were Councillors Ainsworth, Ballangarry, Finlayson, Hoban, MacDonald, Morrison and South    Total (7).

Against the Motion: Nil   Total (0)".

 

On 10 June 2014 Council sent a letter to the Senior Fisheries Manager, Coffs Harbour "requesting a representative of Fisheries address Council on the state of recreational fishing in the Nambucca River and to answer questions in relation to the impact of commercial fishing on fish stocks".

 

On 20 August 2014, a reminder letter was sent to Fisheries Coffs Harbour attaching a copy of the letter dated 10 June 2014.

 

On 12 September 2014, the original letter was finally replied to which totally ignored the contents of the request being made.  Most of the information in the letter provided was purely of a background nature to the whole fishing industry that had NO relevance to council's original request.  The only part of the letter that mentions our region was as follows:

 

"With regard to fisheries management in New South Wales, DPI implements stringent management frameworks, rules and policies across many areas including commercial and recreational fishing, species protection and habitat management to ensure long-term sustainability of NSW fisheries resources. The assertion regarding a lack of fish in the Nambucca River due to commercial fishing is not consistent with commercial catch and fishing effort information. Anecdotal information from the community is valued, but must be considered along with the long-term records of commercial fishery catch and effort.  In addition to the suite of fisheries research and environmental impact assessment information that has been done and is available to fisheries scientists, managers and the community."

 

Again, that part of the letter has no relevance to actual fact and ignores the obvious. Commercial fishers catches over the last many years has decreased and anecdotal evidence over the last 10 years concerning recreational fishing has been ignored, as has this Council's request for the relevant representatives of Fisheries to address Council.  The letter received shows there is a total lack of understanding of the situation concerning the Nambucca River and its estuaries and the effects of unbridled commercial fishing on recreational fishing.  The perception in some quarters is that Fisheries have abrogated their responsibilities to our district as far as recreational fishing is concerned.

 

One of the factors lacking in our attempts to improve recreational fishing in our rivers and estuaries is our lack of information concerning licenses, volume of fish caught and personnel who hold these licenses.  It is felt important that detailed information be provided so that a more analytical proposal be put forward to the Minister of Department of Primary industries (DPI).

 

Having basically been ignored by Fisheries for the last few years the following motion was proposed on the 10 February 2015

 

That this Council writes to Fisheries in Coffs Harbour, with a copy to our local member requesting the following information;

 

1        How many licenses have been issued in region 3?

2        The names of the people who hold the licenses?

3        The date when the various licenses were issued?

4        How many people from the licenses issued live in the Nambucca Shire?

5        The number of families that hold more than one license and list the number of licenses held by that family?

6        The amount paid for each license and periodic fees?

7        The period of validity of each license?

8        The amount of fish caught in region 3 by variety for the last 10 years?

9        The amount of fish caught by each license holder for the last five years?

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

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

 

The motion was passed unanimously.

 

On the 19 February 2015 a letter containing the above request for information was sent to Fisheries. No reply was received.

 

On 30 April 2015 a follow-up letter was sent to Fisheries – no reply was received.

 

On 6 May 2015 a letter was sent to our local member requesting her to assist us in obtaining answers to our request from Fisheries.  The local member advised that she had sent our request to the Minister for reply – to date no reply has been received.

 

To sum up all our requests to fisheries over the last 2 to 3 years have been ignored.

 

What is more difficult to understand is that Fisheries have totally ignored sections of the Fisheries Management Act 1994 No 38, in particular the objects of the act as follows;

 

"The objects of this Act include:

 

(a)            to conserve fish stocks and key fish habitats, and

(b)            to conserve threatened species, populations and ecological communities of fish and marine vegetation, and

(c)            to promote ecologically sustainable development, including the conservation of biological diversity, and, consistently with those objects:

(d)            to promote viable commercial fishing and aquaculture industries, and

(e)            to promote quality recreational fishing opportunities, and

(f)             to appropriately share fisheries resources between the users of those resources, and

(g)            to provide social and economic benefits for the wider community of New South Wales, and

(h)            to recognise the spiritual, social and customary significance to Aboriginal persons of fisheries resources and to protect, and promote the continuation of, Aboriginal cultural fishing."

 

Please particularly note sub Para (e), (f) and (h) above.

 

SOME PAST HISTORY

 

At a meeting in 2001, Messers Kent and Hudson - addressed Council.  They tabled a copy of a circularised letter which had been signed by some 520 individuals and forwarded to the Minister – many pointing out that they would not visit the Nambucca again because of the poor fishing.

 

A letter was also tabled from the Local Nambucca Aboriginal Land Council pointing out that this impact and rapidly depleting fish stocks were having an adverse effect on Gumbayngirr culture, heritage, leisure and lifestyle.

 

Now that was the situation in 2001-2003.  Fifteen (15) years have now elapsed, and nothing has changed and the situation has become worse, to the extent that tourists are bypassing our areas and going on further in both directions to rivers that have fish and that are closed to commercial fishing. Our businesses and the vibrancy of our Shire is declining. Fewer families are settling in our area.

Given the events that have unfolded, particularly the declaration of Recreational Fishing Areas in neighbouring rivers and their closure to commercial fishing, the pressures have increased alarmingly on the Nambucca River to the extent there are hardly any fish remaining in the river for recreational fishing. Because of this, many of the netters (commercial fishers) have moved to our rivers.

 

As a result of a couple of newspaper articles a year or so ago, many replies were received detailing people's experiences of fishing in the Nambucca River and estuaries, basically stating there was hardly any fish and they would not be stopping in our area again.

 

On 11 April 2012, the Mayor at the time in an email reply to a local resident stated the following;

 

"as I stated previously, even if it involves a cost to the taxpayer. I think the Tasmanian experience of the government buying back licenses and cancelling them may well be in the long-term financial and environmental interests of all concerned, including the commercial fishermen.  Overfishing costs us money in lost tourism and makes the commercial fishing industry unliveable even for licensed commercial operators who do "do the right thing"".

 

What really needs to be considered at the moment is a strategy that will benefit both our local long time commercial fishers and recreational fishers and limiting (by buying back) the licenses of commercial fishers from outside our area.

 

If we look at the last paragraph of the Mayor's letter, we can see an excellent option for discussion in solving the problem. But how can we discuss or solve such a problem when Fisheries, the controlling body refuses to talk to us and refuses our requests for information.

 

The following are additional options that maybe put on the table that may assist us in coming to a positive outcome that will benefit our Shire:

 

1          Rotate river closures to commercial fishing in the coastal areas of New South Wales at say three yearly intervals.

2          Buyback the fishing licences from those persons who live outside our Shire.

3          Allow commercial fishing in region C for local fisherman of our Shire where their licenses have been utilised continuously in the last 10 years.

4          Close all commercial fishing during holiday periods including Christmas, Easter and school holidays for one week prior to these holidays and ending one week after the holidays.

 

These are just a few suggested options that may be worth discussing with Fisheries to assist our Shire with our tourism, businesses and future residents settling in our area.  The problem is that Fisheries have totally ignored all our requests and it would appear that the only way for any improvement to happen is to make it mandatory that discussions take place between Fisheries with ours or any other Council before any decisions are taken by Fisheries regarding our rivers and estuaries.  To ensure this happens it must be enshrined in the latest amendments to the Fisheries Management Act 1994 relevant to recreational fishing otherwise the impasse continues.

 

The problem at the moment is that nothing is happening and nothing will happen unless we continue to press the matter. Council’s efforts now are to make ourselves FIT FOR THE FUTURE.  It is difficult to understand why Fisheries are working against our interests and to the detriment of our Shire.  We must endeavour to make Fisheries considerate of our present situation and our future plans and aspirations and work together with us in our endeavours.

 

 

Attachments:

1

17368/2015 - Draft Submission

 

2

17912/2015 - Summary of Proposed Changes Commercial Industry

 

3

17909/2015 - NSW Councils - Advice of Fisheries Amendment Bill Consultation

 

  


Ordinary Council Meeting - 25 June 2015

Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

 

Enquiries to:    Mr Michael Coulter

Phone:             02 6568 0200

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

Mobile:             0409 153 788

Our Ref:          SF2049

 

 

 

15 June 2015

 

 

 

Mika Malkki

Manager Licensing and Policy

Fisheries Legislation

 

Email: 

 

 

Dear Madam

 

RESPONSE TO PROPOSED FISHERIES MANAGEMENT AMENDMENT BILL

 

Thank you for your letter of 28 May 2015 advising that the Department of Primary Industries is accepting feedback on the Fisheries Management Amendment Bill up until 26 June 2015.

 

Council notes that the Amendment Bill contains various provisions in relation to public consultation.

 

Council wishes to place on record its concern in relation to the existing consultation arrangements which have resulted in the closure of some rivers on the Mid North Coast to commercial fishing but not others.

 

Nambucca Shire Council has repeatedly sought information on the impact of commercial fishing in Nambucca Estuary and to date has not received a response from the Department of Primary Industries. As a tourist and holiday destination, we are particularly interested in the available fish stock for recreational anglers and the impact that commercial fishing may have on this fish stock.

 

We remain concerned that decisions to close estuaries as large as the Hastings River to commercial fishing may have led to increased commercial fishing activity in the Nambucca River Estuary with a reduced fish stock for recreational anglers.

 

Council wishes to emphasise that there should be closer communication with local councils in the matter of river closures to either commercial or recreational fishing including amendments or revocation.

 

Council also requests that Fisheries officers with knowledge of commercial fishing in Mid North Coast estuaries make themselves available to brief the Elected Council on their knowledge of the impact of commercial fishing on the estuaries and particularly the Nambucca River. Nambucca Shire council meets in the late afternoon of the last Thursday of the month and the Thursday two weeks before that. If you could nominate a time when an officer could address Council I will make arrangements for the briefing to be incorporated in Council’s meeting agenda.

 

Thank you for the opportunity to provide comment on the Amendment Bill.

 

Yours faithfully

 

Description: signature mcoulter

 

Michael Coulter

GENERAL MANAGER

 

MAC


Ordinary Council Meeting - 25 June 2015

Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

 















Ordinary Council Meeting - 25 June 2015

Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

 


Ordinary Council Meeting                                                                                                    25 June 2015

Notice of Motion

ITEM 5.2      SF2049            250615         Jamie Bekis - Donation

 

AUTHOR/ENQUIRIES:    Kim MacDonald, Councillor         

 

Summary:

Council has been approached to assist local junior Cricketer Jamie Bekis in any way possible to help him achieve his dreams of one day following in his idol's footsteps (the Late Phillip Hughes) to also one day play Cricket for his Country.

 

 

Recommendation:

 

That Council implement the following actions:

 

a        (Given Council’s Budget constraints) that Council assist by providing Jamie with a one off Payment to assist in covering his Expenses of his June/July 2015 tour of England in the amount of $250.00.

         

b        Request Council’s Grants Officer to Contact Jamie and Family to proactively ascertain whether Jamie may be eligible for Australian Government Local Sporting Champions Program over the coming 2 years. (Jamie is only 16 and could potentially qualify for the next 2 years)

         

c        that Council formally congratulate Jamie for his recent achievement of Selection in the Darren Lehmann Cricket Academy tour of England.

 

d        Finally, that Miss Henry be thanked for taking it upon herself to place a donation tin in Council Staff Rooms to help raise funds for Jamie in recent weeks.

 

 

OPTIONS:

 

Council could choose one of the following other options available:

 

a        Council could choose to make a donation of a greater amount

 

b        Council could choose to reduce the Donation amount suggested or indeed make no Donation at all.

 

 

DISCUSSION:

 

Jamie Bekis is a 16 year old High School Student from Macksville.

 

He was recently selected for the Darren Lehmann Cricket Academy's tour of England during the months of June/July 2015. The tour includes the invaluable experience of playing in different conditions, on different playing surfaces etc. It touches on Skills and Strength and Conditioning and also recovery. It gives players irreplaceable access to the Coach of the Australian Cricket team and may indeed include the opportunity to meet at least some of the current Australian team. A full outline of the tour can be found in the annexure to this notice of motion for your information.

 

Jamie was also the 2015 Nambucca Shire Junior Sportsperson ( male) of the Year.

 

A list of Jamie’s Achievements can be found in the annexure attached to the Notice of Motion entitled "Jamie Bekis - Cricket Achievements" Written and supplied by well known retired teacher and sportsperson Errol Noble.

 

For Jamie to one day be able to follow in the footsteps of his idol, the late Phillip Hughes, himself a Macksville Junior, is going to take a lot of sacrifice by not only Jamie but also his family.

         

Several fund raising initiatives have been carried out including a Dance Night at Utungun Hall that was supported by local businesses and citizens. The Macksville Ex-Service mans Club was directly receiving donations for Jamie on his behalf up until recently. Support has come from Local politicians including Luke Hartsuyker.

 

In excess of $ 1,000 has been raised by the local community.

 

The tour came at a cost of $ 4,995 excluding any airfares or spending money.

 

At the time of writing this NOM there was just over $ 1000 left in the Council’s Donation Budget for the year ended 30th June 2015.

 

The aim of the Donation is not to reimburse the family for expenses but rather to show that Nambucca Shire Council supports Jamie Whole heartedly in his endeavours. The success of local sportspersons such as Greg Inglis, Matt Gillett and so on also hopefully encourages our youth to live a more active lifestyle and also to believe that they can achieve their dreams through dedication and hard work.

 

In the event that Jamie were to find success in the future in the cricketing arena it would be a proud moment to be able to say that in some small way Nambucca Shire Council assisted in helping him to get there.

 

 

CONSULTATION:

General Manager

Jamie Bekis and Family

Errol Noble

 

 

Attachments:

1

17769/2015 - Jamie - Supporting documents

 

  


Ordinary Council Meeting - 25 June 2015

Jamie Bekis - Donation

 




     


Ordinary Council Meeting                                                                                                    25 June 2015

General Manager's Report

ITEM 9.1      SF578              250615         Inquiry into Local Government in New South Wales

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Legislative Council’s General Purpose Standing Committee No. 6 is currently conducting an inquiry into local government in New South Wales.  The Inquiry’s terms of reference include the New South Wales Government’s “Fit for the Future” reform agenda.  It is proposed that Council endorse the attached submission to the Inquiry with any changes as it sees fit.

 

 

Recommendation:

 

That Council endorse the attached submission to the NSW Legislative Council’s General Purpose Standing Committee No. 6 which is enquiring into local government in NSW.

 

 

OPTIONS:

 

It is open to Council to determine the content of any submission to the NSW Legislative Council’s Committee of Inquiry or to make no submission.

 

DISCUSSION:

 

The NSW Legislative Council’s General Purpose Standing Committee No. 6 is currently conducting an inquiry into local government in New South Wales.  The closing date for submissions to the enquiry is Sunday 5 July 2015.

 

The composition of the Committee conducting the inquiry is:

 

The Hon Paul Green MLC          Christian Democratic Party (Chair)

The Hon Lou Amato MLC                    Liberal Party (Deputy Chair)

The Hon Catherine Cusack MLC Liberal Party

The Hon Scott Farlow MLC                 Liberal Party

The Hon Peter Primrose                      Australian Labor Party

Mr David Shoebridge MLC                  The Greens

The Hon Ernest Wong MLC                 Australian Labor Party

 

The Inquiry’s terms of reference are as follows:

 

1        That General Purpose Standing Committee No. 6 inquire into and report on local government in      New South Wales and in particular:

 

(a)      the New South Wales Government’s “Fit for the Future” reform agenda,

 

(b)      the financial sustainability of the local government sector in New South Wales, including the         measures used to benchmark local government as against the measures used to benchmark State        and Federal Government in Australia,

 

(c)      the performance criteria and associated benchmark values used to assess local authorities in New          South Wales,

 

(d)      the scale of local councils in New South Wales,

 

(e)      the role of the Independent Pricing and Regulatory Tribunal (IPART) in reviewing the future of local          government in New South Wales, assisted by a South Australian commercial consultant,

 

(f)       the appropriateness of the deadline for “Fit for the Future” proposals,

 

(g)      costs and benefits of amalgamations for local residents and businesses,

 

(h)      evidence of the impact of forced mergers on council rates drawing from the recent Queensland      experience and other forced amalgamation episodes,

 

(i)       evidence of the impact of forced mergers on local infrastructure investment and maintenance,

 

(j)       evidence of the impact of forced mergers on municipal employment, including aggregate      redundancy costs,

 

(k)      the known and or likely costs and benefits of amalgamations for local communities,

 

(l)       the role of co-operative models for local government including the “Fit for the Futures’ own Joint     Organisations, Strategic Alliances, Regional Organisations of Councils, and other shared service          models, such as the Common Service Model,

 

(m)     how forced amalgamation will affect the specific needs of regional and rural councils and     communities, especially in terms of its impact on local economies,

 

(n)      protecting and delivering democratic structures for local government that ensure it remains close to         the people it serves,

 

(o)      the impact of the “Fit for the Future” benchmarks and the subsequent IPART performance criteria on       councils’ current and future rate increases or levels, and

 

(p)      any other related matter.

 

2        That with the agreement of the committee participating members’ travel costs be covered by the   committee.

 

3        That the committee report by Monday 17 August 2015, unless the committee resolves to table at a         later date.

 

Resolution passed 27 May 2015, Minutes No. 7, item 18 page 131-132.

 

The Inquiry will be covering many of the matters considered by the NSW Independent Local Government Review Panel which issued its Final Report in October 2013.

 

Council has previously resolved to advise the Office of Local Government that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation (resolution of 27/03/2014).

 

Council has also resolved to agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils (resolution of 25/09/2014).

 

The Inquiry will also be considering new matters arising out of the Government’s “Fit for the Future” reform agenda which was announced as its response to the Independent Inquiry’s recommendations.  In particular, the Fit for the Future benchmarks, the role of IPART; and the appropriateness of the 30 June deadline for Fit for the Future responses.

 

In September 2014, the Government established four criteria it considered necessary for a council to be “Fit for the Future”.  These criteria are:

 

·      Scale and capacity to engage effectively across the community, industry and governments

 

·      Sustainability

 

·      Effectively managing infrastructure and delivering services for communities, and

 

·      Efficiency

 

The Government has established the “scale and capacity” criterion as the threshold criterion for councils.  In making a “Fit for the Future” proposal, councils must first assess their scale and capacity against the Independent Local Government Review Panel’s recommendations, and submit one of three types of proposals:

 

·   Council Merger Proposals – for councils that need to undertake structural change by merging with one or more other councils to achieve sufficient scale and capacity

 

·   Council Improvement Proposals – for councils that currently have sufficient scale and capacity without any structural change, or are proposing changes to achieve scale and capacity without merging with another council (this is the proposal to be put forward by Nambucca Shire Council)

 

·   Rural Council Proposals – for councils with rural council characteristics (eg, small, declining populations spread over a large area and where mergers may not be feasible), which need to demonstrate plans and strategies for real change in order to increase their capacity and improve performance against the Fit for the Future criteria.

 

This criterion which is based on the work of the Independent Panel, is the most contentious as it promulgates the amalgamation of many councils, and particularly those in the Sydney region.  The Independent Panel preferred mergers for the following councils:

 

In Sydney:

 

·      Ashfield, Burwood, Canada Bay, Leichhardt, Marrickville, Strathfield

·      Auburn, Holroyd, Parramatta, Ryde (part), The Hills (part)

·      Botany Bay, Randwick, Sydney, Waverly, Woollahra

·      Fairfield, Liverpool

·      Hornsby, Kur-Ring-Gai

·      Hunters Hill, Lane Cove, Mosman, North Sydney, Ryde (part), Willoughby

·      Canterbury, Hurstville, Kogarah, Rockdale

·      Manly, Pittwater, Warringah

 

In the New England

 

·      Walcha, Uralla

·      Armidale, Guyra

 

In the Hunter

 

·      Newcastle, Lake Macquarie

·      Dungog, Maitland

 

In Southern and Western NSW

 

·      Balranald, Wentworth (or joint administration)

·      Bourke, Brewarrina (or joint administration)

·      Bombala, Cooma-Monaro

·      Boorowa, Harden, Young

·      Conargo, Deniliquin, Murray

·      Gundagai, Tumut

·      Jerilderie, Berrigan

·      Murrumbidgee, Griffith

·      Urana, Corowa

·      Cabonne, Orange

·      Palerang, Queanbeyan

 

Amalgamations of this scale would see the number of councils in NSW decline by 40 from 152 to 112 (a decrease of about 25%).

 

For Nambucca Shire Council there is no merger proposal and Council has previously resolved that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation.

 

In relation to the other criteria the Government has established certain measures with benchmarks for each of these criteria as follows:

 

Sustainability

 

Operating Performance Ratio              Greater or equal to break-even average over 3 years

Own Source Revenue Ratio                 Greater than 60% average over 3 years

Building & Asset Renewal Ratio          Greater than 100% average over 3 years

 

Effective infrastructure and service management   

 

Infrastructure Backlog Ratio                Less than 2%

Asset Maintenance Ratio                    Greater than 100% average over 3 years

Debt Service Ratio                             Greater than 0% but less than/or equal to 20% av. over 3 years

 

Efficiency

 

Real Operating Expenditure                A decrease in Real Operating Expenditure per capita over time

 

In relation to these measures they are overwhelmingly financial and whilst it is agreed that financial performance is at the core of councils’ fitness for the future, it is surprising that there is no reference to the fitness or capacity of councils to deliver environmental, economic or social outcomes.

 

In relation to the role of the IPART in assessing the “Fit for the Future” proposals, there has been some criticism that as an expert panel it lacks local government practitioners.  However this council’s dealings with IPART have indicated that it does provide impartial, rigorous and thoughtful economic analysis and it is not agreed that simply changing the Expert Advisory Panel will necessarily provide better outcomes.

 

With the IPART methodology being released on 5 June 2015 it is agreed with criticism that the deadline for submissions by 30 June is inadequate to provide a fully informed response which includes consultation with the Council and the community.

 

Also the Government has only provided IPART until 16 October 2015 to assess all 152 submissions and provide the Minister for Local Government and the Premier with a final report identifying whether or not each council is fit for the future and the reasons for this assessment.  Given that IPART intend to undertake public consultation after 30 June and given the number of submissions which need to be deliberated on, this doesn’t seem to be an adequate period.

 

CONSULTATION:

 

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

 

A submission prepared by the Mayor on the Fit for the Future reforms has assisted in the drafting of the proposed submission to the Inquiry.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As discussed in the report the Fit for the Future benchmarks are overwhelming financial.

 

Social

 

As discussed in the report the Fit for the Future benchmarks are overwhelming financial.

 

Economic

 

As discussed in the report the Fit for the Future benchmarks are overwhelming financial.

 

Risk

 

There are no identified risks in making a submission to the NSW Legislative Council’s General Purpose Standing Committee No. 6 which is enquiring into local government in NSW.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts arising out of making a submission.

 

Source of fund and any variance to working funds

 

There are no implications for workings.

 

Service level changes and resourcing/staff implications

 

There are relatively minor staffing implications in preparing this report and the submission.

 

Attachments:

1

17369/2015 - Draft Submission

 

  


Ordinary Council Meeting - 25 June 2015

Inquiry into Local Government in New South Wales

 

SF578

 

The Director

General Purpose Standing Committee No. 6

gpsc6@parliament.nsw.gov.au

 

 

Dear Sir/Madam

 

Submission to Inquiry into local government in New South Wales

Thank you for your letter of 4 June 2015 inviting Nambucca Shire Council to make a submission to the Inquiry with the closing date for submissions being 5 July 2015.

At Council’s meeting on 25 June 2015 it was resolved to endorse this submission to the Inquiry as reflecting the views of our Council.

Council is agreeable to the contents of this letter including the contact details being made public.

Our comments specifically refer to the situation of Nambucca Shire Council being a Council on the Mid North Coast of NSW representing the interests of 19,500 residents.

In relation to our circumstances we endorse the words of the Final Report of the NSW Independent Local Government Review Panel which stated, “there is no doubt that the sheer scale of infrastructure problems threatens to overwhelm a significant number of councils … this applies particularly to north coast councils having to cope with varying combinations of retiree driven growth, dispersed populations, difficult terrain, frequent flooding, numerous old timber bridges, coastal erosion and the demands of tourism.”

As such our comments cannot be regarded as instructive or insightful in relation to any reform which should occur in other parts of the State

Our Position on the Final Report of the NSW Independent Local Government Review Panel

Nambucca Shire Council has previously resolved that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation (resolution of 27/03/2014). 

Council has also resolved to agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils (resolution of 25/09/2014).

From our Council’s perspective, faced with a growing infrastructure backlog and report cards labelling almost half of the councils in NSW as financially weak with a negative outlook, reform is essential. The risk of business as usual is critical asset failure – the failure of vital assets leaving communities disadvantaged and potentially isolated.

We were pleased when State and Local Government agreed to work together to make Local Government financially sustainable and “Fit For the Future”.

Councils must work with their communities to identify priorities, agree on service levels and ensure that what limited funds they have are spent wisely and efficiently.

However it seems that the promised reform has dwindled to Joint Organisations and the possibility of forced amalgamations. We are not convinced that merging cash-strapped councils to achieve “scale and capacity” is going to solve financial woes. It may well only produce cash strapped mega-councils. Forced amalgamations have occurred in both Victoria and Queensland but we don’t see them held up as shining examples of financial sustainability. One has to ask why not?

The proposed Joint Organisations appear to be organisations of individual councils that will collaborate on regional strategic planning; inter-governmental collaboration and regional leadership/advocacy. We see nothing in Joint Organisations that will improve financial sustainability. There is a danger that they will become an extra layer of government requiring administrative staff at an additional cost to ratepayers.

There is however a real opportunity for councils to gain all of the potential benefits of mergers without losing local identity or local representation and this is by sharing services. There are many administrative functions of councils that could be shared to achieve economies of scale without having any impact on a community’s local identity. In fact they are not visible to the average ratepayer.

Functions such as human resources, information technology, records management, purchasing, safety and risk management, internal audit, and governance are carried out by every council in NSW. We are bound by the same regulatory requirements so for these back-of-house services, our requirements are the same. These are areas where Councils could work together and share resources to achieve economies of scale and improved capacity.

Our Position on the Government’s “Fit for the Future” Reform Package

In September 2014, the Government established four criteria it considered necessary for a council to be “Fit for the Future”.  These criteria are:

·    Scale and capacity to engage effectively across the community, industry and governments

 

·    Sustainability

 

·    Effectively managing infrastructure and delivering services for communities, and

 

·    Efficiency

 

The Government has established the “scale and capacity” criterion as the threshold criterion for councils.  In making a Fit for the Future proposal, councils must first assess their scale and capacity against the Independent Local Government Review Panel’s recommendations, and submit one of three types of proposals, ie council merger proposal, council improvement proposal or rural council proposal.

 

As indicated Nambucca Shire Council is accepting of participating in the proposed North Coast Joint Organisation subject to the member councils having input into the regional functions which it undertakes and importantly that its focus be on improving the financial sustainability of its constituent councils.

 

In relation to the other criteria, the Government has established certain measures with benchmarks for each of these as follows:

Sustainability

 

Operating Performance Ratio         :

          Greater or equal to break-even average over 3 years

 

Own Source Revenue Ratio:

          Greater than 60% average over 3 years

 

Building & Asset Renewal Ratio:

          Greater than 100% average over 3 years

 

Effective infrastructure and service management      

 

Infrastructure Backlog Ratio:

          Less than 2%

 

Asset Maintenance Ratio:

          Greater than 100% average over 3 years

 

Debt Service Ratio:

          Greater than 0% but less than/or equal to 20% av. over 3 yrs.

 

Efficiency

 

Real Operating Expenditure:

          A decrease in Real Operating Expenditure per capita over time

 

In relation to these measures they are overwhelmingly financial and whilst it is agreed that financial performance is at the core of councils’ fitness for the future, it is surprising that there is no reference to the fitness or capacity of councils to deliver environmental, economic or social outcomes.

 

In relation to the role of the IPART in assessing the “Fit for the Future” proposals, there has been some criticism that as an expert panel it lacks local government practitioners.  However this council’s dealings with IPART have indicated that it does provide impartial, rigorous and thoughtful economic analysis and it is not agreed that simply changing the Expert Advisory Panel will necessarily provide better outcomes.

 

With the IPART methodology being released on 5 June 2015 it is agreed with criticism that the deadline for submissions by 30 June is inadequate for Councils to provide a fully informed response which includes consultation with the elected Council and the community.

 

Also the Government has only provided IPART until 16 October 2015 to assess all 152 submissions and provide the Minister for Local Government and the Premier with a final report identifying whether or not each council is fit for the future and the reasons for this assessment.  Given that IPART intend to undertake public consultation after 30 June and given the number of submissions which need to be deliberated on, this doesn’t seem to be an adequate period.

 

Nambucca Shire Council looks forward to constructively working with the State Government to deliver much needed reforms to achieve financial sustainability for rural and regional councils.

 

Yours faithfully

 

 

Description: signature mcoulter

 

Michael Coulter

General Manager

 

 

 

 

 

 


Ordinary Council Meeting                                                                                                    25 June 2015

General Manager

ITEM 9.2      SF959              250615         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.

 

As at 29 May 2015 public consultation on the preparation of the Flood Risk Management Plan had commenced.

 

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.

 

Deferred until September after the budget, restructure and staffing levels settle.

 

 

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.

 

Deferred until September after the budget, restructure and staffing levels settle,

 

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.

 

Second media release issued 20 May 2015.

 

AUGUST 2014

 

6

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.

 

 

7

SF595

28/08/14

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

 

GM

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

 

8

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).

 

OCTOBER 2014

 

9

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.

 

 

10

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.  The Pre-School advised that they wanted to resolve the provision of the bush fire easement on the adjoining property prior to considering any potential transfer of land.

 

No further work required at this stage. 

 

 

11

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.

 

Draft PoM to be provided to Councillors and Lions Club for comment towards the end of September 2015

 

 

NOVEMBER 2014

 

12

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

 

13

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed Visitor Information Centre (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.

 

To be reported in June 2015.

 

A tender for the Highway Service Centre has been accepted.  The Manager Business Development has made an enquiry in relation to securing 100m2 of floor space for a Visitor Information Centre and associated retail.  Awaiting advice as to potential cost and will then be reported to Council.

 

 

14

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 successful.  Report in July 2015.  Consideration being given to financing options.

 

Council’s Grants & Contributions Officer is writing to property owners proposing a financing arrangement for their comment.  The financing arrangement is based on all property owners paying the sewer headworks charge for their existing ET with the Stronger Regions Funding being used to discount that contribution.  For example the Pelican Caravan Park has 38 ET @ $9,335 per ET = $354,730 but the $241,000 funding across 66 existing ET allows a discount of $3,651 per ET.  Therefore the contribution payable by Pelican Park would be $354,730 – ($3,651 x 38) = $215,992.

 

For the existing 66 ET Council will achieve $616,110 in sewer headworks contributions with further ET contributions possible from new development.

 

Will be reported back to Council following the receipt of any comments from property owners.

 

 

JANUARY 2015

 

15

SF1541

29/01/15

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

 

GM

Report April 2015

 

Will incorporate requested report from meeting on 16 April concerning secondary dwellings.  Deferred until May.

Further deferral until June.

 

As at 16 June work had commenced on the housekeeping amendments and a report is now scheduled for a July Council meeting.

 

 

FEBRUARY 2015

 

16

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

 

17

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

 

Follow up letter written 21/05/15

 

Mayor and GM meeting with Crown Lands staff in Grafton on 24 June.  This matter will be raised amongst others.

 

18

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.

 

As at June 2015 arrangements being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council.  Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets.

 

APRIL 2015

 

19

SF848

16/04/15

That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.

 

AGMCS

Report to June Council meeting.

 

As at 15 June 2015 - Council’s Rates Officer has met with Neville Miles.  A number of options were discussed, including dedicating the land to Council and consolidating the land with the adjoining strata.  Mr Miles advised that he would consult with other property owners and advise Council.  A response has not been received to date.

 

20

SF959

30/04/15

That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council’s questions regarding fishing matters in the Nambucca River … as listed in Council’s letter on 19 February.

 

GM

Letter sent 6/05/2015

 

MAY 2015

 

21

SF2049

14/05/15

That Council write to the Min. for Emergency Services, David Elliott (cc Member for Oxley) requesting that the flood event April 30 to May 2 be declared a Natural Disaster.

 

GM

Letter sent 20 May 2015.

 

Follow up letter sent 15 June 2015.

 

 

 

22

SF972

14/05/15

That Council receive a report regarding the possibility of funding a part-time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.

 

GM

Report August 2015

 

23

SF1699

28/05/15

Council await a future planning proposal to be presented to consider including secondary dwellings within the R5 Large Lot Residential Zone and detached dual occupancies within the RU1 Primary Production and RU2 Rural Landscape zones

 

GM

Report August 2015

 

24

SF1699

28/05/15

Staff prepare amended Water Supply and Sewerage Developer Servicing Plans and Section 94 Contribution Plans for Council’s consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

 

GM

Report August 2015

 

JUNE 2015

 

25

SF639

11/06/15

That a report come to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

GM

Report August 2015

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    25 June 2015

General Manager's Report

ITEM 9.3      SF2038            250615         Outstanding DA's greater than 12 months, applications where submissions received not determined from 4 June 2015 to 17 June 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 information be noted 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 NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/048

08/04/15

Residential Additions

Lot 412 DP 611276, 7 Ocean Street, Scotts Head

SUBMISSIONS RECEIVED/STAFF COMMENTS

Four public submissions have been received. All oppose various aspects of the proposal

 

·        The submission requests that adequately sized guttering and stormwater drainage be installed due to the large size of the garage roof and the addition of the pergola roof.

·        Proposal will impose on neighbouring dwelling and will block the natural flow of the breeze

·        Proposal will overshadow neighbouring back yard making the area damp and mouldy

·        Proposal is too close to neighbouring boundary

·        Height of garage appears unnecessary for just housing a car.

·        Access issues will be created for an adjoining property

·        The access to the garage will cross over a right of footway

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/058

5/05/2015

Dwelling-House - Relocated

Lot 9 DP 1147908, Goulds Rd, Utungun

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received. It supports the proposal

 

·        Having a dwelling on the block will improve local security.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/066

27/05/2015

Depot

Lot 10 Section 1 DP 758085, 32 Pacific Highway, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received. It opposes the proposal

 

·        The development has already commenced without Council approval

·        The containers in the back yard should be painted as they are an eyesore

·        Back gate is often open during the day and the back yard is very untidy and messy

·        Trucks and other vehicles enter the property from Mumbler Street, damaging the kerb and gutter and vacant land

·        The front driveway is shared with another property – who will maintain this?

·        Cars are often parked across the footpath, cycleway and grass verge of the highway which creates a safety concern for neighbouring properties and those using the footpath and cycleway.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    25 June 2015

General Manager's Report

ITEM 9.4      SF42                250615         Profile & Performance of the NSW Local Government Section 2013/14 - Comparative Data

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Office of Local Government (OLG) has released its annual report providing comparative data on the performance of NSW Councils.  The report is for data from the 2013/2014 financial year.  The full report can be found on their website which is www.olg.nsw.gov.au.

 

 

Recommendation:

 

The information concerning the comparative data on the profile and performance of NSW Local Government be received.

 

 

OPTIONS:

 

There are no real options.  The report is for information.

 

 

DISCUSSION:

 

The Office of Local Government (OLG) has released its annual report providing comparative data on the performance of NSW Councils.  The report is for data from the 2013/2014 financial year.  The full report can be found on their website which is www.olg.nsw.gov.au.

 

The report provides the community with important information about how local government in NSW is currently performing and explains some of the drivers behind this performance.  The key performance indicators and the quality of the data is gradually improving and the Office of Local Government anticipates they will be making further improvements in the coming years.

 

In overall terms the number of councils recording an operating deficit before capital increased in 2013/2014.  The OLG attributes this to the decision of the Federal Government to roll back the advanced payments of the Financial Assistance Grants (FAGs).  Of the 152 Councils in NSW, 111 councils (73%) reported deficits for 2013/2014 compared with 98 councils (64%) for 2012/13.  The operating performance ratio state average deteriorated from -5.0% in 2012/13 to -8.76% in 2013/14.  All regions reported deterioration in this ratio, which may indicate the significance that FAGs contribute to local government.  In response to this result the OLG encourages Councils to budget for surplus results and to take into account the condition and maintenance requirements of assets in this process.

 

Whilst the state average for the operating performance ratio was -8.76%, it was higher for large rural councils at -12.92% and higher again for rural councils at -15.19%.  This compares with the TCorp benchmark being >0%.

 

The state wide change in rates over the preceding 5 year period provided some interesting data.

 

Over the five year period from 2009/10 to 2013/14:

 

·           Total rates income from residential ratepayers increased by 18.5% (an average of 3.7% per year)

·           Income from farmland properties increased by 15.3% (an average of 3.1% per year)

·           Income from the mining category increased by 51.6% (an average of 10.3% per year)

·           Total business income from rates increased by 21% (an average of 4.1% per year)

 

Across the State Councils spent an average of 17% of their expenditure on services on Governance and Administration.  The comparative figure for Nambucca Shire Council is 3%.  Conversely Nambucca Shire Council allocated 30% of its total expenditure to Roads, Bridges and Footpaths compared to a State average of 16%.  Also of interest was Council’s expenditure on the Environment being 15% of total expenditure, almost the same as the State average of 16%.

 

In relation to expenditure, key observations made by the Office of Local Government are:

 

·           Rural councils generally have far greater costs per capita due to their relatively smaller populations

·           Road related expenditure is far greater in rural areas due to the significant larger road networks

·           Metropolitan and Metropolitan Fringe councils have lower per capita expenditure primarily due to economies of scale

·           Expenditure per capita can vary due to councils’ decisions in relation to number and size of services provided

·           Metropolitan councils do not provide water and sewer services

·           Many rural councils provide “Other Services” such as landing strips, aerodromes and agricultural services that are not provided by most other councils

 

Across the State the average asset maintenance ratio improved marginally from 91.1% in 2012/13 to 91.2% in 2013/14.  A measure of 100% indicates a council is investing sufficient funds to ensure its infrastructure backlog does not increase.  Nambucca Shire Council’s asset maintenance ratio for 2013/14 was 93%.

 

The following table indicates selected comparative data for the 7 councils comprising the Mid North Coast Region Organisation of Councils.

 

Selected Local MIDROC Comparative Data – 2013/14 Financial Year

 

 

Bellingen

Coffs Harbour

Gloucester

Greater Taree

Kempsey

Nambucca

Port Macquarie

Population

12,854

71,798

4,974

48,846

29,361

19,529

76,563

FTE1

124

503

86

250

286

119

489

Revenue2

27,276

147,760

14,469

68,417

58,683

41,286

177,462

Expenses3

32,152

159,987

18,616

65,437

79,536

35,480

145,591

Pensioners %4

28

21

29

29

30

37

30

Road length5

567

848

757

1,725

1,188

704

1,333

SEI rating6

55

70

47

12

4

9

75

Unemployment7

6.7

5.8

5.7

8.7

9.1

10.1

6.0

Av. Res. Rate8

846

905

646

896

780

794

1,024

Av. Farm Rate9

1,859

1,637

2,596

1,543

1,548

1,633

1,759

Av. Bus. Rate10

964

3,688

1,217

3,972

1,762

1,595

3,257

Water&Sewer11

1,142

1,352

n/a

n/a

1,303

1,078

1,254

Waste12

430

513

560

359

297

416

366

% Grants13

28

16

39

38

26

39

31

Operating Ratio

-39

-16

-83

-25

-39

-14

-6

Debt Service14

2.5

25.0

4.0

10.1

15.2

15.9

10.7

Governance%15

15

16

14

16

15

3

4

Environmental%16

15

17

9

20

11

15

16

 

1FTE = full time equivalent staff

2Revenue = Total revenue from continuing operations ($’000)

3Expenses = Total expenses from continuing operations ($’000)

4Pensioners % = % Pensioner residential rate

5Road length = Total road length (including local, regional & state in kms)

6SEI rating = Socio-Economic Index Rating (out of 152 with 1 being the most disadvantaged)

7Unemployment = unemployment rate as at 30 June 2013

8Av. Res. Rate = Average Residential Rate 2013/14 in $

9Av. Farm Rate = Average Ordinary Farmland Rate 2013/14 in $

10Av. Bus. Rate = Average Ordinary Business Rate 2013/14 in $

11Water&Sewer = Typical water and sewer bill in 2013/14 in $

12Waste = Average Domestic Waste Annual Charge in 2013/14 in $

13% Grants = % Grants Revenue

Operating Ratio = Operating Performance Ratio which measures a council’s achievement in containing operating expenditure within operating income.  An operating deficit before capital occurs when total expenses are greater than total revenue (excluding all capital amounts).  Total expenses include depreciation, amortisation and impairment.  Expressed as a % with the objective being a positive result.

14Debt Service = Debt Service Ratio which measures the amount of general income that is used to repay debt and interest charges.  The benchmark is greater than 0% and less than 20%.

15Governance% = % of total expenditure on governance and administration

16Environmental % = % of total expenditure on environmental

 

The local comparison indicates how Nambucca Shire Council is performing in relation to these key indicators in its local region.  Of course the comparison does not explain the reasons for the different performance.  There is some related data such as the SEI rating, % of pensioners, % unemployed which does provide a reasonable indication of relative disadvantage.

 

In relation to the key financial indicator being the Operating Performance Ratio, all of the Councils except Port Macquarie – Hastings had a worse result than the State average.  The result for Nambucca Shire Council whilst being worse than the state average and unsustainable, was reasonable compared to the other MIDROC councils.

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

SUSTAINABILITY ASSESSMENT:

Environment

 

The comparative data indicates the relative significance of expenditure on the environment.

 

Social

 

The comparative data provides many social performance indicators.  It demonstrates that Councils like Kempsey, Nambucca and Greater Taree operate in communities with a high level of disadvantage.

 

Economic

 

The comparative data provides some economic indicators.

 

Risk

 

There are no risks.  The report is for information.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no resourcing/staff implications.

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    25 June 2015

General Manager's Report

ITEM 9.5      SF688              250615         Environmental Levy Proposed 15/16 Budget

 

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

 

Summary:

 

The purpose of this report is to provide Council with the Environmental Levy budget for 2015/16 for endorsement.  

 

 

Recommendation:

 

That Council endorse the proposed budget for the 2015/16 Environmental Levy Program.

 

 

 

OPTIONS:

 

Council may amend the proposed program and propose alternative or additional actions.

 

DISCUSSION:

 

As with previous reporting it is noted that the Environmental Levy Budget changes frequently, largely due to the objective of leveraging the maximum available funds through grant applications.

 

2014/15 Subsidies

 

Since reporting in March new grants and variations to existing grants have contributed an additional $462,581 or approximately 126% of the original environmental levy income ($365,000 2014/15).

 

2015/16 Subsidies

 

Council has been successful in receiving funding to continue with its Heritage Program in the 2015/16 year. Two (2) offers of funding have been announced being:

 

$7,000 for our heritage places grant; and

$7,500 for our Heritage Advisor.

 

As with previous years these funds need to be matched by Council. This year the final allocation for the program was $4,961 on heritage places to complete 5 projects with a total cost of over $40,000 and $5,280 on our heritage advisor. It is expected that we will need a similar amount for this year with the matching funding coming from the Environmental Levy.

 

Along with running our heritage places fund in the 2015/16 year, the other main task will be completing two (2) LEP amendments for heritage items. Stage 1 will include simple sites such as Council cemeteries and public buildings; Stage 2 will include privately owned properties. Preparing the inventory of the significant places in the shire has been one of the major roles of the Councils heritage officer over the last 2 years.

 

The amendments will be reported to Council individually at a later date. In particular, landholders potentially impacted by stage 2 would first be identified and consulted in regards to their willingness to participate in a heritage listing.

 

By listing properties, either public or private, the amendments will ensure the character of important historic places are conserved and maintained.  There will also be greater opportunities to attract heritage related funding or utilise heritage conservation incentives identified in the Nambucca LEP 2010.

 

On completion of the LEP amendments during this coming financial year it is not expected we will require the services of our Heritage Advisor for following years. Should specialist advice be required on particular matters external heritage advice could be sought at that time. This matter will be considered in more detail at the end of the year.

 

Based on previous years of this program it is proposed to allocate $6,000 for the heritage advisor and $7500 for the grants program ($13,500) total from the Environmental levy towards to program.

 

There has been feedback that environmental levy funds should not be used to support the heritage program.  Council may choose not to accept part or all of the heritage funding and OEH can be notified accordingly.  However as previously indicated, the program is considered to be worthwhile and is expected to gain momentum as landowners become more familiar with it.  Bellingen LGA has had its successful program in place for 17 years.  Similar programs have operated in other LGA’s for decades.  The program assists in conserving the Shire’s cultural heritage and also contributes to the appearance of the public/private domain in our towns. 

 

Further to this the environmental benefits of Heritage Conservation are becoming more recognised and the conservation of Heritage Buildings form an important role in achieving sustainable urban environments by maintaining existing buildings and facilitating there adaptive re-use. The maintenance and conservation of heritage buildings in recognised as significantly reducing demolition and new construction waste and conserves energy used to construct the existing building.

 

As the Environment Levy program progresses and more staff resources are available to contribute to its implementation it is aimed to provide better monitoring and reporting mechanisms on the results of the levy – for instance number of trees planted, hectares managed, length of river bank stabilised, number of persons employed etc. As these mechanisms are developed the Environmental benefits of Heritage program will also be considered.

 

Should Council not wish to fund this program through the Environmental Levy with the financial constraints on the General Fund it will be difficult to identify another funding source.

 

2015/16 Environmental Levy Program

 

The following Table provides the proposed environmental levy program for 2015/16 financial year with an expected income of $375,000. The changes to the budget submitted are highlighted in red and discussed.

 

Environmental Levy Budget 2015-16

Proposed Budget

2015/16

Other Notes

APPROVED

Nambucca River Flood Study - above Watt Ck  formerly 4060.440.502

Revote (OEH subsidy)

revote (OEH subsidy)

Deep Creek Flood Risk Management Study and Plan

Revote (OEH subsidy)

revote (OEH subsidy)

Water quality river health monitoring

                                       $10,000

Annual allocation

Enviro Comp Officer - supervisory Vehicle

                                          $2,000

Annual allocation

Bowraville Grassy Park Management

                                          $2,500

Annual allocation

Minor bird eradication

                                          $2,500

Annual allocation

GPT Maintenance

                                       $10,000

Annual allocation

Environmental Weed Management

                                       $10,000

Control of Noxious Weeds

                                       $66,200

Annual allocation

Vegetation Mapping

Revote (OEH subsidy)

revote (OEH subsidy)

Servicing Dog Bin/ Bags

                                       $14,000

Annual allocation

CZMP Action - Beach Access Improvement Program

 Revote (OEH subsidy)

revote (OEH Subsidy)

Ongoing Our living Coast Websites

                                         $2,000

Annual allocation

Annual River Cleanup

                                           $  500

Annual allocation

Prepare/review/implement concept plans for CBD streetscape improvements

 $                                            -

revote

Gumma Swamp Healthy  Wetland

 Revote (OEH subsidy)

revote

Riverbank erosion program (rehabilitation)

                                       $10,000

Annual allocation

Environmental Levy Salaries

                                       $56,000

Annual allocation

State of the Environment Reporting

                                          $2,500

 Revote (ongoing fund contribution to regional SOE)

Stuarts Island (north)

 Revote

revote (OEH subsidy)

Street Lighting

 Revote

revote

Dawkins Park Reserve (water quality and environmental improvement investigation -  expanded 2015/16 to include plan of management for Hughes Creek

 Revote (OEH subsidy 15/16 application submitted)

revote (OEH subsidy application lodged 12.03.15)

Valla Beach (crown Reserve Management plan - draft action) pedestrian access

 Revote (Crown subsidy)

Revote (Crown subsidy)

Continuation of Estuary Management plan actions (Stuart Island south)

 Revote (OEH subsidy)

Revote (funding successful Stuart Island south bank stabilisation)

Continuation of CZMP Actions (Nambucca Surfclub)

 Revote (OEH subsidy)

Revote (funding successful Nambucca surfclub 2 year project compete 2016)

Environmental Management Fund

                                       $10,000

Annual allocation

Continuation of CZMP Actions (Scotts Head Surfclub precinct OEH NCHP)

$ …                             50,000 (OEH subsidy  15/16 application submitted)

(OEH subsidy application lodged 12.03.15)

Continuation of Estuary Management plan actions (Bank Stabilisation OEH; RMS)

$                                 6,500 (OEH subsidy  15/16 application submitted)

$50,000 allocated in grant application (OEH subsidy application lodged 12.03.15) funding to be determined upon outcome of application.

Continuation of Estuary Management plan actions (Ecohealth Monitoring Program LLS)

 $                                32,150 (OEH subsidy  15/16 application submitted)

(OEH subsidy application lodged 12.03.15)

NSW Regional Boating (bank stabilization; landscaping/ revegetation)

$        ….                         43,900 (Transport NSW Subsidy)

Environmental contribution to successful regional boating plan submission.

Heritage Advisor

$6,000

OEH successful grant funding

Heritage Places Grant

$7,500

OEH successful grant funding

Natural Resource & Environmental Planning Officer

$30,000

 

TOTALS

                                    $374,250

 

As reported in March the items identified in green are projects targeting grant funding in 2015/16.  The projects were distributed to Council and Council’s Nambucca River, Creeks, Estuaries and Coastline Management Committee via email for comment. Staff have identified a number of project partners for these new projects which were previously reported to Council. 

 

For the immediate budget it is proposed to support the following two projects which have been added to the budget in red above.

 

-         Funding for the Heritage Program has been announced and Council has been offered $14,500. Based on previous years it is proposed to allocated $6000 for the heritage advisor and $7500 for the grants program ($13,500);

 

-         Allocation of $30,000 for an officer to assist in the implementation of Natural Resource Projects and Environmental Planning projects.

 

It has been previously reported to Council that management would monitor the implementation of the Environmental Levy and should it be necessary to support the program additional staff resourcing would be considered.

 

Also at Council’s meeting on 14 May 2015 it was resolved that Council receive a report regarding the possibility of funding a part time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.

 

In the last 12 months Councils Environmental Levy has been successful in leveraging funds to support a number of projects across the shire which are now requiring effective and timely delivery to maintain good rapport with funding bodies.

 

Options are presently being considered for a part time position to assist in the delivery of these projects and prepare for future projects. The types of activities the role would undertake include the preparation of REF’s; various permit applications and associated GIS layers; project management and monitoring; engagement and liason (both government agency and community); representation on relevant committees; and general assistance as required in the coordination of Environmental Levy funded projects.

 

As with the 2014/15 financial year there is expected to be an amount of unallocated funds to be given additional consideration in 2015/16 after reconciliation of the Environmental Levy. A future report on the redistribution of the unallocated funds will be provided in August once the reconciliation of the Environmental Levy has been completed. By this time it is also likely that Council will know the outcome of five (5) recent grant applications which have been submitted.

 

Nevertheless, in order to support the additional projects above it is necessary to amend the budget (amendments shown in red). As the recent OEH grant applications are yet to be determined it is proposed to make up the funds required to support new position and the heritage program from the $50,000 allocated to the OEH Riverbank Stabilisation Grant application. Should the grant be successful the funds for the project will be reported back to Council for consideration and funding allocation. The changes recommended to the budget are shown in red above.

 

Exhibition

 

Council did not receive any submissions in response to the exhibition of the environmental levy budget.

 

CONSULTATION:

 

General Manager

Manager of Development and Environment

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental levy contributes to projects that have environmental benefits.

 

Social

 

The environmental levy contributes to projects that have social benefits.

 

Economic

 

The management of the environmental levy does not have any negative economic impacts.

 

Risk

 

The Strategic Planner is finding it difficult to cope with current workloads which cover strategic planning and the management of the environmental levy, including its works program and grant acquittal.  As indicated in the report Council needs to adequately fund the delivery of the environmental levy program or there is a risk that funding bodies will not provide Council with grants.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The environmental levy has been actively managed by Councils Strategic Planner with assistance of Council General Manager and Manager of Development and Environment.

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

An allocation of funding has been identified to assist with the delivery of projects undertaken as part of the environmental levy.

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    25 June 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1873            250615         Making of Rates and Charges 2015/2016

 

AUTHOR/ENQUIRIES:    Chris Wills, Rates Officer         

 

Summary:

 

The Independent Pricing and Regulatory Tribunal (IPART) confirmed a rate increase of 5.0% under Section 508A (1) of The Local Government Act 1993 for 2015/2016 financial year.

 

Council is now required to make the rates and charges in accordance with Section 535 of The Local Government Act 1993 (hereinafter referred to as the Act)

 

 

Recommendation:

 

1          That it be confirmed that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2015/2016 is made at one hundred and twenty eight dollars ($128.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and twelve dollars ($512.00) for a 40mm connection, eight hundred dollars ($800.00) for a 50mm connection, two thousand and forty eight dollars ($2,048.00) for a 80mm connection and three thousand two hundred dollars ($3,200.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and twenty eight dollars ($128.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and ninety cents ($2.90) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          That it be confirmed that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2015/2016 is made at six hundred and twelve dollars ($612.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and thirty nine dollars ($239.00)  for 20mm connection, nine hundred and fifty six dollars ($956.00) for 40mm connection, one thousand four hundred and ninety four dollars ($1,494.00) for 50mm connection, three thousand eight hundred and twenty four dollars ($3,824.00) for 80mm connection and five thousand nine hundred and seventy five dollars ($5,975.00) for 100mm connection, per connection for each assessment; and two hundred and thirty nine dollars ($239.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and thirty one cents ($3.31) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          That it be confirmed that in accordance with Section 501 of the Act, the waste management tip provision charge for 2015/2016 is made at one hundred and forty three dollars ($143.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          That in accordance with Section 496 of the Act, the annual charge for 2015/2016 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and twenty seven dollars ($527.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $527.00, where “A” equals the annual charge, “B” equals the number of occupancies and $527.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and twenty seven dollars ($527.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Waste Management Officer.

            A waste management ‘tip provision’ annual charge of one hundred and forty three dollars ($143.00) for the year 2015/2016 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          That it be confirmed that in accordance with Section 496 of the Act the annual charge for 2015/2016 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and forty three dollars ($143.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          That it be confirmed that in accordance with Section 501 of the Act, the annual charge for 2015/2016 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and twenty seven dollars ($527.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $527.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $527.00 is the unit price.

 

7          That it be confirmed that in accordance with Section 501 of the Act the annual charge for waste for 2015/2016 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and forty three dollars ($143.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

8          That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

9          That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

10         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

11         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at $100.00 then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

12         That a rate of zero point zero zero five five seven four dollars ($0.005574) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2015/2016, subject to a minimum rate of four hundred and ninety seven dollars ($497.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

13         That a rate of zero point zero zero five seven zero three dollars ($0.005703) on the land value of all rateable land in the rating category “Residential” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

14         That a rate of zero point zero zero five seve zero three  dollars ($0.005703) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

15         That a rate of zero point zero zero five seven zero three dollars ($0.005703) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

16      That a rate of zero point zero zero seven six six five dollars ($0.007665) on the land value of all rateable land in the rating category “Business” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “Caravan Park”, “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

17      That a rate of zero point zero zero nine two five eight dollars ($0.009258) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as Business sub category “Caravan Park” and have a short title of “Business Caravan Park”.

 

18      That a rate of zero point zero one zero one one six seven nine dollars ($0.011679) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

19      That a rate of zero point zero zero seven two six six dollars ($0.007266) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

20      That a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars and twenty cents ($20.20) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one three nine five dollars ($0.0001395) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2015/2016. The base amount will produce approximately forty nine point seven six percent  (49.76%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

21      That a charge of ninety four dollars ($94.00) for the annual fee for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

22      That a charge of ninety four dollars ($94.00) for the annual fee for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and seventy seven cents ($1.77) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2015/2016 pursuant to Section 502 of the Act.

 

23      That a charge of one hundred and fifty six dollars ($156.00) for the annual fee for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and seventy seven cents ($1.77) per kilolitre or fifteen dollars and eighty two cents ($15.82) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2015/2016 pursuant to Section 502 of the Act.

 

24      That a charge of one hundred and fifty six dollars ($156.00) for the annual fee for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and thirteen cents ($1.13) per kilogram for Excess Mass, is made for the year 2015/2016 pursuant to Section 502 of the Act.

 

25      That a charge of ninety four dollars ($94.00) for the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

26      That a charge of ninety four dollars ($94.00) for the annual fee for Category 4 Caravan Dump Effluent Disposal, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and thirty seven dollars ($137.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty dollars ($50.00) per 1000L, is made for the year 2015/2016 pursuant to Section 501 of the Act.

 

27      That an interest rate of 8.5% per annum is set for the year 2015/2016, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

OPTIONS:

 

Council may resolve to adopt the Rates and Charges without applying the 5.0% rate increase or to adopt the Rates and Charges with a percentage between 0 and 5.0%.

 

 

DISCUSSION:

 

IPART has approved a rate increase in general income of 5.0%.

 

Council's minimum rate for Residential and Business categories has been increased by $18.00 to $759.00 (being the rate peg increase of 2.4%).

Council’s minimum rate for the Farmland category has been increased by $12.00 to $497.00 (being the rate peg increase of 2.4% and determined by IPART vide, Regulation Clause 126).

 

Previous Recommendation 7 – Deleted. This detailed a charge under Section 502 for a weekly waste collection service for non-rateable properties. The Waste Management Officer advises that there is no provision in the Coffs Coast Waste contract for such a service and it was omitted from this year’s Fees and Charges.

 

Recommendations 4, and 6 have been amended to include Non Rateable properties receiving a residential or commercial waste collection service.

 

Recommendations 3, 5, and 7 have been amended to include vacant Non Rateable properties and Non Rateable properties that are not vacant but do not receive a waste collection service.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Waste Management Officer

Rates Officer

Division of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental impact.

 

Social

 

This report has no social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

There are no additional financial implications to the adopted budget.

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    25 June 2015

Corporate Services

ITEM 10.2    SF251              250615         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

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                                                                                                    25 June 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF565              250615         Application for Temporary Road Closure -  Naidoc Week March and Drag-Ens Hot Rod Displays

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received three requests for temporary road closures in Bowraville and Nambucca Heads to conduct the 2015 Naidoc Week March and Drag-Ens Hot Rod displays.

 

 

Recommendation:

 

1        That Council endorse the Temporary Road Closure Application from Bowraville Local Aboriginal Land Council to conduct the 2015 NAIDOC Week March to be held between 10.00am and 10.30am on Monday 6 July 2015 as follows:

 

·      High Street, Bowraville – Bowra Street to Young Street

 

2        That Council the endorse temporary road closure application from Drag-Ens Hot Rod Club to hold a hot rod display and billy cart derby, to be held between 10.00am and 2.00pm Friday 25 September 2015 as follows:

 

·      High Street, Bowraville – George Street to Young Street

 

3        That Council the endorse temporary road closure application from Drag-Ens Hot Rod Club to conduct the annual hot rod display, to be held between 10.00am and 12.00pm Saturday 26 September 2015 as follows:

 

·      Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

 

4        That Council notes the following information has been received for all the above 3 events:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

 

 

OPTIONS:

 

Refuse the applications for road closures.

 

DISCUSSION:

 

The Bowraville Local Aboriginal Land Council has requested a temporary road closure of High Street Bowraville between Bowra and Young Streets from 10.00am – 10.30am to conduct the 2015 NAIDOC Week March on Monday 6 July 2015.

 

The Drag-Ens Hot Rod Club has requested a temporary road closure of:

 

·           High Street Bowraville between George and Young Streets from 10.00am – 2.00pm to hold a Hot Rod Display and Billy Cart Derby; and

·           Bowra Street and Mann Street Nambucca Heads between Ridge and West Streets from 10.00am – 12.00pm to hold the Annual Hot Rod Display.

 

The requests for road closures have been forwarded to the Local Traffic Committee members for concurrence and no objections have been received.  A 4m wide corridor has been provided through the middle of the Drag-Ens Hot Rod Events as requested by the Nambucca Shire Local Emergency Management Committee.

 

 

CONSULTATION:

 

Roads and Maritime Services

NSW Police

Nambucca Shire Local Traffic Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The closure provide for an enjoyable event for the local community and visitors.

 

Economic

 

The event contributes to the local economy.

 

Risk

 

There is minimal risk to road users as traffic controllers will be at the events and detours will be in place.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

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 other than administration.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    25 June 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF95                250615         Suitability of Nose-to-Kerb Parking within Nambucca Shire

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has called for a report regarding nose-to-kerb parking including what other local government areas are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.  This report considers the issues in making a decision to make such changes.

 

The report recommends that there is no need for change, as change to nose-to-kerb parking comes at a cost in dollar terms, the loss of car parking spaces and the loss of ability for many drivers to re-enter the traffic flow safely.

 

 

Recommendation:

 

1        That Council note the contents of the report and retains existing rear-to-kerb angled parking arrangements throughout the Nambucca Shire townships, with the exception of

 

·      That subject to consideration of the Local Traffic Committee and in consultation with the Macksville Chamber of Commerce and Industry, Council endorse a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank.

 

2        That after the 6 month trial period of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank Council receive a further report on the outcome of the trial period.

 

 

OPTIONS:

 

1        That Council receive a further report to consider endorsing changes to on-street angled parking arrangements in Macksville and adopt nose-to-kerb parking throughout subject to:

 

a) consideration of the Local Traffic Committee;

b) after a 6 month trial of nose-to-kerb parking in River Street (West), Macksville; and

c) favourable feedback from the community.

 

2        That Council receive a further report relating to cost implications of endorsing changes to on-street angled parking arrangements in Nambucca Shire townships and adopt nose-to-kerb parking throughout subject to:

 

a) consideration of the Local Traffic Committee;

b) after a further 12 month trial of nose-to-kerb parking in Macksville; and

c) favourable feedback from the community.

 

 

DISCUSSION:

 

At the Ordinary Meeting of Council held on 14 August 2014, Council considered the Ranger’s report for July 2014.  This report is in response to Resolution 399/14 which states:

“That Council receive a report regarding nose-to-kerb parking including what other local government areas are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.

The main issue raised in this resolution is the direction of parking in view of some concerns about the current rear-to-kerb parking across the town centres.  Another issue for parking is the supply and demand for parking spaces.

 

In order to address the Resolution (399/14), this report considers a number of other key issues as they relate to on-street parking, including:

 

1    the benefits and disbenefits of nose-to-kerb verses rear-to-kerb parking

2    preferred angle of parking (90, 60, 45, 30 degrees)

3    the provision of parking spaces for other road users (e.g. Loading Zones and parking for people with disabilities)

4    the key recommendation of this report is to retain the existing angle of car parking spaces and direction that allows drivers to re-enter traffic flow safely while acknowledging the community has had previous consultation on this matter.

 

If the matter were to be put to the community again it could be simply put in the form of the question:

 

“Do you prefer nose-to-kerb or rear-to-kerb parking within the Nambucca Shire Town Centres?”

 

Ultimately, any changes to the regulatory arrangements for parking have to be referred to the Local Traffic Committee (LTC).  This could be done following the input from the community. However, some discussion, as detailed later in this report, has already taken place.

 

Background

 

The predominant number of on-street angled parking spaces across the Nambucca LGA and its town centres are reverse angle 90 degrees, reverse angle 60 degrees or parallel to kerb parking.

 

The off-street Council controlled parking areas are less stringent in regulatory requirements of the parking direction as manoeuvres do not have an impact on the public road system or shop front dining areas.

 

Consistency in parking arrangements within a town is important and any change from rear-to-kerb to nose-to-kerb will need to be applied throughout a town centre to avoid inconsistencies.  Any change in the specified angle of parking across the town centre must first be referred to the Local Traffic Committee prior to Council formally endorsing a change.

 

Guidance in the decision making process for a town centre parking arrangement needs to be taken from AUSTROADS.  AUSTROADS is made up of all Government based Roads Authorities across Australia and New Zealand.  They provide technical papers, planning and design guidelines for all matters pertaining to the development of roads as a transport corridor.

 

Other issues involving parking to be considered in the town centre include the congestion caused by vehicles manoeuvring, or simply waiting, to manoeuvre into a parking space.  In this regard there is adverse effect on Bowra Street, Nambucca Heads and River Street (west) Macksville due to the reverse angled parking.

 

The option of nose-to-kerb parking in all streets may alleviate some congestion problems. However, in view of vehicles having to reverse out into oncoming traffic if the current direction of parking is changed, there is concern that drivers may simply not get out.  Thus frustration may set in and this can lead to an increase in accidents.

 

Issues of ‘special’ parking spaces in the town centre are regularly raised.  There are often requests for additional parking spaces for people with a disability and for more loading zones to help businesses.  Consideration of special parking spaces needs to be set in context of the loss of generally available spaces for all drivers.  This is discussed later in this report.

 


Streetscape Improvements Plans

 

In December 2012 Council resolved to allocate $20,000 from the environmental levy to Streetscape Improvements or Plans between each Macksville, Nambucca Heads and Bowraville. Each Chamber of Commerce was approached in writing and comments were received from Nambucca Heads and Macksville.

 

-         Nambucca Heads proposed to complete some outstanding actions within their existing Streetscape Improvement Plan.

-         Macksville proposed to prepare some streetscape options/plans.

-         No response was received from the Bowraville Chamber of Commerce.

 

Nambucca Heads

 

The predominant number of on street, angled, parking spaces across the Nambucca Heads town centre are reverse angle 90 degrees, reverse angle 60 degrees, or parallel to kerb parking.  The actual reverse angle parking in Bowra Street varies and a majority of spaces are in the order of 70-80 degrees, this would be due to insufficient room available for 90 degree angle parking.

 

Council engaged Rupert G H Milne Home, Landscape Consulting to develop the Nambucca Heads Town Centre Streetscape and Traffic Management Plan.  The Plan was adopted by Council in 2004 and incorporated landscaped blister arrangements to complement a reverse parking strategy throughout the CBD.  A majority of the blisters have been installed at significant expense to reflect the plan.

 

Council has previously received a letter from Nambucca Heads Chamber of Commerce requesting the Traffic and Access Committees consider changes to rear-in parking in Bowra Street.  The contents of the letter follow:

 

“Chamber discussed the letter received from Tom Sawtell regarding front end parking Bowra St. Chamber has taken the position that rear parking may constitute:

 

·           danger to pedestrians, particularly those who are vision impaired, with protruding tow bars or dangerous overhanging tray bodies.  Tom has incurred injuries in recent times.

·           a potential health hazard to employees who work in shops with open doors allowing exhaust gases to more easily enter the premises

·           detracts from the residential and tourist amenity by having exhaust gases freely accessing footpaths especially at venues with outdoor footpath dining.

 

Accordingly, Chamber requests that the Traffic Committee and the Access Committee assess the position of Council to this issue.”

 

In discussing this request, the Chamber was asked to note that this topic was dealt with in 2004 with a questionnaire sent to and completed by residents in Nambucca Heads.  Some of the pros and cons of each method of parking presented to the community were as follows:

 

Nose-To-Kerb Angle Parking

 

Points for:

 

1        Exhaust fumes are directed away from pedestrian areas and shops.

2        Ease of parking and positioning vehicle within lines.

3        Improves traffic flow.

 

Points against:

 

1        Lack of vision caused by adjacent vehicles when reversing from parking bay into traffic.

2        Through traffic unlikely to allow vehicles out of space.

3        Restricted manoeuvring area when reversing out.  Vehicles likely to use both through lanes if existing 60º angle is maintained.

4        To improve the reversing manoeuvre a 45º angle will have to be implemented. This will result in a loss of parking spaces.

5        Danger to persons loading and unloading boot of car or station wagon – mothers with prams; groceries etc. and service vehicles such as bread vendors etc.

6        Consideration should also be given to the age and physical capability of the drivers using this parking.  Drivers may have difficulty in turning their head sufficiently and whilst this applies to Rear-to-kerb they have the opportunity to make an alternate choice before they are committed.

7        Need to consider changes to all angled business centre parking to provide consistency throughout the Shire.

 

Rear-To-Kerb Angle Parking

 

Points for:

 

1        Easy to exit parking bay.

2        Choice of travel direction after exiting parking bay.

3        Moderates speed of through traffic while parking.

4        Persons loading and unloading boots of cars and station wagons can do so in relative safety as can persons accessing service vehicles.

 

Points against:

 

1        Reversing into space interrupts traffic flow.

2        As with Nose-to-kerb some drivers may have difficulty in turning their head sufficiently, however, there is an opportunity to make an alternate choice before being committed.

3        Exhaust fumes are directed toward shops and onto pedestrian areas.

4        Towbars overhang – problem for pedestrians.

 

The response to the 2004 questionnaire was sizeable with nearly 900 responses received.  The community demonstrated significant support for the retention of rear-to-kerb parking with an overwhelming response of 634 for and 236 against.  Council subsequently resolved to maintain the existing rear-to-kerb angle parking. 

 

As a result of the questionnaire the Town Centre Management Plan was adopted and blisters have since been constructed, at significant cost, to suit reverse parking angles.  Changing to nose in parking will result in the net loss of parking bays and cost upwards of $50k to implement, possibly more.

 

Council’s Engineers wrote back to the Chamber with the above information and have since received the following advice:

 

“At its meeting on Monday (11/11/13) the Chamber decided not to proceed with action on parking in Bowra St. While Chamber can see benefits to front end parking the issues of safety, cost and loss of spaces where prevailing arguments.”

 

Macksville

 

Council engaged Bennell and Associates and Jackie Amos Landscape Architects to prepare a Streetscape plans for Macksville in accordance with the brief and with reference to an Observations and Opportunities report which was prepared internally.  Further, due to the Pacific Highway realignment Council’s Strategic Planner prepared a brief for the investigation of traffic issues in Macksville Town.  The brief was titled “Macksville Revitalisation and Post Highway Traffic Needs Review and Solutions Report”.

 

The outcomes of the project will be used to drive the delivery of the on ground works and ensure they meet relevant traffic outcomes, and provide certainty for future community consultation.

 

RoadNet Pty Ltd has been engaged to produce the report and have completed the initial modelling for the Macksville CBD traffic study.  The report discusses changes to River Street parking arrangements where River Street (west) currently has 29 x 600 reverse angle parking spaces on the northern side.  It is proposed in the Plan for the same number of 900 front-to-kerb parking bays, facing the river.

 

In order to accommodate 900 front-to-kerb parking bays the report suggests:

 

“Austroads Guidelines require a distance of 11.6 metres to the road centre line so that vehicles do not cross to the incorrect side of the road while manoeuvring.  This width is not available in River Street.  There is sufficient width for 900 parking bays if encroachment risk can be tolerated and there is a high community benefit from the Revitalisation Plan.  Council may be prepared to accept the risk of noncompliance as River Street is a 40kph speed zone with little through traffic and the risk of collision and injury are low.  If Council wishes to fully comply with Austroads then it should retain the existing arrangement”.

 

Front-to-kerb verses rear-to-kerb parking

 

AUSTROADS most recent publications include “Guide to Traffic Management Part 11: Parking”, published February 2008.  Section ‘7.4 Provision of Angle Parking’ discusses the relative merits of angle parking.  An extract of that section is detailed below.

 

Angle parking involves parking at angles other than 0 degrees (parallel parking). It has the following advantages:

 

·    It can accommodate up to twice as many vehicles per unit length of kerb as parallel parking. This difference is a function of the angle used, where low angles of 30 degrees or less gives little advantage and the maximum advantage occurs where 90 degrees is used.

 

·    The parking manoeuvre is easier for angle parking than parallel parking, especially for small angles.

 

Disadvantages of angle parking include:

 

·    More roadway width is required for angle parking bays and associated parking manoeuvres.  This requirement may present a problem for commercial vehicles parking as the increased length of these vehicles may encroach into traffic lanes.  Hence adequate parallel parking space should be provided for those vehicles.

 

·    All angle parking presents a greater hazard to road users than parallel parking.  This situation is mainly due to the fact that parking at an angle always requires reversing which causes bottleneck effects in the moving traffic and may lead to collisions directly involving the reversing vehicle.

 

·    Sight/visibility issues and increased conflict with pedestrians crossing midblock.

 

The decision whether to use angle parking should be based on consideration of:

 

·    Width of the road

·    Traffic volume

·    Type of traffic

·    User Safety

·    Traffic speed characteristics

·    Vehicle dimensions

·    Expected turnover

·    Land use served

·    Functional road classification

 

AUSTROADS “Guide to Traffic Management Part 11: Parking”, section 7.4.2 discusses the merits of front-in verses tail-in parking.

 

Reversing out of front-to-kerb angle parking bays involves some of the vehicle protruding into the adjacent road space before the driver can see oncoming vehicles.  This affects safety and also interferes with traffic movement.  Unless there is a manoeuvre space between the parking bays and the traffic lanes, the obstructed sight lines when reversing out are particularly dangerous for the less visible and more vulnerable bicycle traffic, making rear-to-kerb angle parking preferable on designated bicycle routes or in areas with significant bicycle use.

Reversing into rear-to-kerb angle parking bays may reduce many of the problems associated with forward entry parking.  However, it creates a traffic hazard as the vehicle stops in the moving traffic stream prior to reversing into a parking bay, and the nose swings into the adjacent through traffic lane at the start of the back-in manoeuvre.  Rear-to-kerb angle parking may also create excessive footpath obstruction from the rear overhang and will produce exhaust fumes on the footpath.

 

In a number of jurisdictions (e.g. South Australia) rear-to-kerb parking is illegal and cannot be considered as an option. In other areas rear-to-kerb angled parking does have its applications (e.g. on designated bicycle routes and in loading zones) but based on the relative merits of front-to-kerb and rear-to-kerb arrangements, AUSTROADS suggests that front-to-kerb angled parking is preferable in most situations.

 

Table 1: Relative merits of front-in verses rear-in parking

 

Issue

Front-to-kerb parking situation

Rear-to-kerb parking situation

Preferred option

Exhaust emissions

Exhaust facing away from footpath.

Vehicle’s exhaust directed onto pedestrian footpath (causing discomfort and staining of footway paving), and into open doors of shops in retail precincts

Front-to-kerb

Loading/unloading vehicles

Boot/rear hatch faces away from the footpath exposing the motorist/shopper to moving traffic.

Boot/rear hatch faces towards the footpath allowing for safer loading/unloading.

Rear-to-kerb

Judgement in a reversing manoeuvre

Reversing occurs into a space relatively free of fixed obstructions (provided the motorist is able to observe approaching traffic or the approaching traffic poses no significant hazard).

Reversing occurs into a limited and obstructed space.

Front-to-kerb

Motorist confusion

Vacant spaces are clearly visible and a motorist is able to slow down and move directly into a parking space in a single movement, causing little confusion or delay to the following motorists.

It is more difficult to observe vacant spaces and a motorist needs to actually pass the parking space in order to reverse into it, potentially confusing a following motorist who may also wish to park in the same space.

Front-to-kerb

Disruption to passing traffic when reversing

Motorist reversing out from the parking bay can select a time when passing traffic will not be disrupted.

Stationary motorist about to reverse into the parking bay tends to disrupt passing traffic by trapping a vehicle behind.

Front-to-kerb

Traffic and cyclist safety

Motorist leaving a front-to-kerb space must reverse approximately 1 m or more before gaining a clear view of approaching traffic and cyclists. This is aggravated by increasing numbers of large 4WDs and vans.

Motorist about to drive forward from a rear-to-kerb space has a relatively good view of approaching traffic and cyclists without moving forward significantly.

Rear-to-kerb

Impact with kerb obstructions

Motorist can more easily view high kerbs and footpath obstructions whilst moving in the normal forward motion into the parking space.

Motorist reversing into the parking space cannot easily view the obstructions, and the rear overhang is generally greater than the front overhang which results in greater footpath intrusion.

Front-to-kerb

Pedestrian safety

Motorist reverses into a vehicle based environment.  

Motorist reverses into a pedestrian environment. Vehicle projections, e.g. tow bars, bicycle racks, etc., may also pose an additional hazard for pedestrians.

Front-to-kerb

 

Regardless of the issues raised in AUSTROADS, given the demographic of the area, there is concern about safety of reversing into oncoming traffic if the direction of parking is changed to front-to-kerb.  This may not be a significant issue in areas of low traffic volumes, but in areas such as the Nambucca Heads town centre where there are existing issues of traffic congestion, this is a major concern.

 

Another matter that needs to be considered is the safety of children as they leave the parked vehicle.  If the car were parked rear-to-kerb the child (passenger) is protected from entering the road by the open door whereas front-to-kerb passengers are required to negotiate a gap between the open door and the adjacent parked vehicle, there is no protection from entering the carriageway.

 

Subject to Council’s resolution on this matter and any proposed change to angle parking, a report will be need to be presented to the Local traffic Committee in the near future discussing the suitability of front-to-kerb parking for the townships of the Nambucca Shire.

 

There are a number of issues that should be considered in any recommendation to change the angle/direction of parking:

 

·   The debate about which direction to kerb is preferable for town centre angle parking has been a long standing one, there may well be more objections if the angles are changed

 

·   Front-to-kerb parking makes the process of entering an angled parking space quicker thus not requiring a vehicle to slow down before entering a space

 

·   Front-to-kerb parking means access to a car boot is adjacent to the road and the travelling vehicles

 

·   Why change what is there? – there has been issues being raised by individual businesses from time to time, however Council has not been overwhelmed by requests for change; and

 

·   It is noted that there will be a loss of parking spaces with a change unless there are significant funds expended on making changes to physical infrastructure (kerb blisters and landscaping structures).

 

As well as changing the angle of parking such that all vehicles face the kerb, thus removing common concerns about consistency and exhaust fumes across the footpath and sometimes into shops, there are several other financial and staging matters that can be considered.

 

If it is intended to change the angle parking, initially changing the line marking only should occur. Any change to existing infrastructure would have to be undertaken over time.  It is at this time when changes to landscaping could take place.  So if there are remnant areas of road pavement as a result of these changes, the best option initially would be to provide bike or motorbike parking spaces.

 

Precise measurements have not been carried out at this stage of the space available for parking if changes are implemented.  The intent is to maximise the available space for parking but where the space dimensions, allowance for pedestrian crossings, driveways and other issues are taken into account, the remaining space will be used for bike racks or landscaping.

 

It may ultimately be preferable to change all kerb blisters to suit any new angle/direction of parking but this is costly. At this stage, it is recommended that line marking be used to change any angle. 

 

The cost of implementing the changes will be at least $50,000 in Bowra Street alone.

 


What other local government areas are doing

 

Byron Bay Town Centre

 

Changes to on-street angle parking within Byron Bay town center from rear-to-kerb to 45 degree front-to-kerb parking was incrementally introduced between 9 and 23 March 2010.

Two main changes to the current parking arrangements are proposed:

§ Increase the number of short term (1-2 hours) time limited parking.

§ Extend the area of paid parking in the town centre.

While changes did result in a small loss of on-street car spaces, the changes have resulted in many benefits, including ease of parking and more in line with common (and standard) NSW practice for on-street angle parking.

 

Street parking within the CBD is mostly 60 degree angle parking nose-to-kerb, however parallel parking can still be found in the fringe areas.

 

Coffs Harbour City Council

 

Street parking within the CBD is mostly 60 degree angle parking nose-to-kerb, however parallel parking can still be found in the fringe areas.

 

Bellingen Shire Council

 

Rear-to-kerb and parallel

 

Kempsey Shire Council

 

Rear-to-kerb and parallel

 

Port Macquarie-Hastings

 

Progressively changing from rear-to-kerb to front-to-kerb, a senior staff member suggests the benefits are questionable given the reduced level of safety where vehicles revers into traffic.

 

*Greater Taree City Council

 

Progressively changing from rear-to-kerb to front-to-kerb

 

Greater Taree City Council (GTCC) have nearly completed changing all Taree parking to nose in configuration.  Other towns that still have reverse in but less traffic and consistency (i.e. not a combination of nose in and rear in) means they are not currently pursuing a change to these.

 

The catalyst for changing in Taree was mostly for consistency.  Taree had about 60% nose in and 40% rear in.  It has been met with some that don’t like it (don’t like change I suspect) but most believe the change is for the better.

 

Taree had a CBD Transport study prepared by Bitzios and they recommended changing to nose in.  It appears that the majority of the traffic industry “experts” recommend nose in and the need for consistency is how Council sell it to the public.

 

Manning Street is the busiest street that was changed.  From a traffic flow point of view it definitely has improved the situation (not as much queuing, darting around on the wrong side of the road).  There is also less damage to street furniture now that people are driving in forwards. Some local shop keepers suggested the Council have taken away their entertainment as they thought watching some people (daily) reverse into a single park was a comedy show.

 

Other benefits include the fact that exhaust fumes are now not pumped onto the footpath and into the stores, including eateries.

 

On the negative side is the fact that shoppers from the supermarket with trolleys or parents with prams need to pack the boot near the travel lane.  The biggest complaint Taree gets is that it is dangerous reversing into the traffic, especially when a large 4WD or van is parked next to you and you can’t see past it until the rear of your vehicle is in the traffic lane.  This could be an issue when the street is narrower, but in Taree’s case, provided care is taken when reversing out, there is plenty of room to spot a car, stop, and room is left for the traffic to go around.  The good thing is that the traffic can see the car reversing and prepares for it.  There have been no reported accidents due to this.

 

One other consideration is rear in parks adjacent to driveways allowed the vehicle departing the driveway to look over the parked car bonnet to see oncoming traffic.  Nose in parking means it can be more difficult seeing past 4WD’s and station wagons.

 

All in all, most traffic professionals prefer nose in, most of the community agree its preferable and GTCC believe it is better.

 

Other Matters for consideration

 

Preferred angle of parking (90, 60, 45, 30 degrees)

 

As well as determining the preferred direction of parking, the preferred angle is also an essential discussion.  The smaller the angle, the more space required for parking and there is a subsequent loss of parking spaces. However, the larger the angle, the more road space is required for accessing the spaces and providing for through-traffic.

 

Where possible within Nambucca Shire 90 degree reverse angle parking has been installed as it provides the most efficient use of available space.  The following text and diagrams are from Australian Standard 2890.5 – 1993 Parking Facilities Part 5: On-street parking.  The overall width of space required (W) and the parking space width (D) and (B) space width parallel to kerb are shown for medium-use turnover of parking.

 

 

 

W* = 10.3 – 13.8m

D = 4.4m

B = 3.5

 

 

 

W* = 11.6 - 15.1m

D = 5.7m

B = 2.9

 

 

 

 

 

 

W* = 12.2-15.7m

D = 5.4m

B = 2.5

 

*The lower value is used where traffic volumes are less than 800 vehicles/hour (Nambucca LGA typical)

 

Parking provision for Other Road Users

 

(Ref: Guide to Traffic Management Part 11: Parking Section 7.8 – AUSTROADS) - Such parking may include spaces for:

 

·      Trucks (Loading Zones)

·      Buses and coaches

·      Motor cycles

·      people with a disability

·      bicycles

·      caravans and trailers

·      emergency vehicles

·      taxis,

·      special purpose uses

 

There is always a perception of not enough parking provision for other road users.  Council staff regularly receive requests for parking bays specific to the user’s needs, however, any request for additional specific bays need to be balanced against the loss of general use parking spaces for the use by the customers of these businesses.

 

 

CONSULTATION:

 

Nambucca Heads Chamber of Commerce

Nambucca Shire Access Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Unacceptable levels vehicle exhaust fumes directed onto pedestrian footpath and dining areas support change to nose-to-kerb parking.

 

Social

 

The report supports a number of pro’s and con’s that would be considered either socially acceptable or unacceptable.

 

Economic

 

The report does not investigate the economic impacts; however café owners would envisage greater patronage at footway dining areas if levels of exhaust fumes from reversing cars were reduced.

 

Risk

 

There is an identified increased risk of vehicular collisions where motorists reverse blindly into oncoming traffic if nose-to-kerb parking is adopted.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of implementing the changes will be at least $50,000 for Nambucca Heads and approximately $20,000 for Macksville

 

Source of fund and any variance to working funds

 

Grant applications from Roads and Maritime Services

 

Service level changes and resourcing/staff implications

 

There are limited service level changes and resourcing/staff implications as a result of this report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    25 June 2015

Assistant General Manager Engineering Services Report

ITEM 11.3    RF275              250615         Bellingen-Bowraville Road

 

AUTHOR/ENQUIRIES:    Stephen Fowler, Engineering Designer         

 

Summary:

 

Council has responded to the letter from Roads and Maritime Services (RMS) offering “as a guide” up to $1m for environmental works associated with the road closure.  Site meetings have been held with National Parks and Wildlife Service (NPWS) staff, and tree clearing and landslip remediation contractors to assess the issues that need to be addressed. 

 

A costing proposal has been issued for investigative works to confirm the viability of reopening the road as an access trail.  RMS have offered in the attached letter $190,925.00 for planning and survey works on the subject section.

 

 

Recommendation:

 

1        That Council accept the offer of $190,925 for planning and survey works to investigate the provision of an access trail on the southern section of Bellingen Road as per the offer from Roads and Maritime Services in their letter dated 10 February 2015.

 

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

 

 

OPTIONS:

 

Council has the option to not accept the funding for investigation and not undertake any work.

 

 

DISCUSSION:

 

Council received a letter from the Roads and Maritime Services (RMS), dated 10 February 2015, offering “as a guide” up to $1m for environmental works associated with the road closure.  The funding can also be used for the construction of an access trail.  RMS offered to make available initial funds for scoping and estimation work associated this expenditure.  On the basis of this letter, a site meeting was held with Martin Smith, NPWS Ranger in charge of Bowraville Nature Reserve, to determine NPWS support for the proposal and how their concerns for the environmental welfare of the nature reserve could be met. 

 

Council has sought a quotation for the removal of vegetation necessary for the undertaking of a survey and investigation of landslips and drainage infrastructure. On the basis of these preliminary enquiries a cost proposal has been presented to RMS for the investigation stage of the project.

 

The investigation stage will include the following activities:

 

·    A Review of Environmental Factors (REF) for the investigation site works to be prepared in cooperation with the NPWS.

·    Clearing of vegetation to gain access to the site.

·    Survey of landslips and landslip debris.

·    Clearing of culvert inlets to assess condition and suitability.

·    Design and costing of landslip remediation.

·    Design and costing of drainage works.

·    Costing of debris removal.

·    Costing of access track construction.

·    A Review of Environmental Factors (REF) for the construction stage works to be prepared in cooperation with the NPWS.

·    Preparation of a report to Council and RMS regarding the viability of the project progressing to Construction.

 

The investigation will determine if the project is viable and whether additional funding will then be sought for the construction stage. It will also consider what level of service the proposed “access track” will provide and what limits to access will be established and how this can be managed into the future.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

NPWS (Martin Smith)

Council’s Surveyor

Langhams Tree Services

Pan Civil Pty Ltd

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

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

 

Social

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

 

Economic

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

 

Risk

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The proposed investigation work will be funded by the RMS.

 

Source of fund and any variance to working funds

There will be no impact on working funds.

 

Service level changes and resourcing/staff implications

There will be staffing resources required to liaise with NPWS and manage a contract and day labour to undertake various aspects of the proposed work.

 

Attachments:

1

17016/2015 - Nambucca Shire Council - Agreed funding schedule - Bowraville Road

 

  


Ordinary Council Meeting - 25 June 2015

Bellingen-Bowraville Road

 




Ordinary Council Meeting                                                                                                    25 June 2015

Assistant General Manager Engineering Services Report

ITEM 11.4    SF265              250615         DRAFT Water Policy with Demand Management and Water Conservation 

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council is proposing to take a dividend from the Water and Sewerage Fund to supplement the General Fund.  Payment of the dividend is subject to an audit confirming compliance with Guidelines for Best Practice Management for Water Supply and Sewerage.

 

The audit was recently completed and a noted shortcoming was that Council does not have an overarching water conservation strategy and plan and needs to put action plans in place for community education and regularity of demand monitoring,

 

A water conservation strategy has been documented and the opportunity has been taken to include it in an updated and rationalised Water Supply Policy Document.

 

The document is provided for Council review and comment prior to public exhibition and adoption by Council.

 

 

Recommendation:

 

1        That Council receive and note the information included in the DRAFT Water Supply Policy (Our Ref: 17106/2015).

 

2        That Council review and provide written comment on the DRAFT Water Supply Policy by 15 July 2015 so that any agreed changes can be included in the document prior to Council approval for public exhibition.

 

 

OPTIONS:

 

There are no options to consider.

 

DISCUSSION:

 

A recent audit of water supply and sewerage management practices for compliance with NSW Office of Water Guidelines determined that Council does not have an overarching water conservation strategy and plan and needs to put action plans in place for community education and the regularity of demand monitoring,

 

Council currently undertakes a number of activities that are directly targeted at water demand management and compliance with the Guidelines for Best Practice Management for Water Supply and Sewerage.  These include:

 

·           User pays pricing for water usage

·           Permanent Water conservation measures

·           Water saving fixtures rebate scheme

·           Rainwater water tank rebate scheme.

·           Water loss monitoring and leak detection.

·           Pressure reduction

·           Water main renewals program

·           Community education

 

Some of these measures and how they are to be applied have not been clearly documented.  For that reason a water conservation and demand management strategy has been prepared and the opportunity has been taken to include it in an updated and rationalised Water Supply Policy Document.

 

The revised Water supply policy will provide information on most matters relating to water supply and its adoption will mean that the following specific policies will become redundant.

 

·    Water Account Charges - Faulty meters (Our Ref 25351/2007)

·    Rural Connection to Water Supply (Our Ref: 25358/2007)

·    Reimbursement of Water Saving Devices (Our Ref: 25360/2007)

·    Undetected Water Leakage (Our Ref: 20464/2013)

·    Water Accounts - Dialysis Patients Free Water Allowance (Our Ref: 25350/2007)

·    Water Policy - Water Service Connections (Our Ref: 25359/2007)

 

Council’s water supply consumption over recent years is detailed in the table below

 

YEAR

RESIDENTIAL WATER SUPPLIED

kL/property/annum

TOTAL WATER SUPPLIED

ML

08/09

137

1,585

09/10

143

1,614.57

10/11

142

1,543.54

11/12

135

1,476.01

12/13

139

1,586.66

13/14

135

1,489.20

 

The data indicates that water supply consumption has remained fairly consistent over the time indicated.  The water demand management strategies may not be having a significant impact on reducing consumption but there has certainly been no increase and it is considered that Council does not have a problem with managing demand.

 

The state wide median average water usage per residential property in 2012/13 was 166 kL / property /annum and the median average for coastal Council’s was 160 kL / property /annum.  The neighbouring Shires of Port Macquarie, Kempsey, Bellingen and Coffs Harbour reported annual residential property consumption of 155 kL, 155 kL, 159 kL and 161 kL respectively

 

These days consumers are much wiser and better informed in regard to the importance of not wasting water and the fact that it is a precious resource.  The permanent water conservation measures being implemented by Council are more common sense usage of water than anything else.

 

The biggest impact on consumption has been that of the introduction of a user pays tariff for water.  Since the introduction of water meters and the user pays system the annual water supplied by the Nambucca Shire has dropped from a peak of 3,250 ML in 1991 to the 1500 to 1600 ML indicated above. Even allowing for the closure of Midco, who were the Shire’s largest individual water user, consumption has dropped from that of 1935 kL recorded in the 2001 calendar year.

 

Council has introduced a number of rebate schemes to encourage residents to take up the use of water saving devices such as dual flush toilet cisterns,  AAA rated shower heads and rainwater tanks. These schemes have been operating for some time now and in recent years the takeup has been very low as indicated in the table below.

 


 


YEAR

APPLICATION FOR WATER SAVING DEVICES REBATE

TOTAL REBATE EXPENDITURE

APPLICATION FOR RAINWATER TANK REBATE

TOTAL REBATE EXPENDITURE

11/12

17

$830.00

13

$5,000.00

12/13

5

$246.40

4

$2,000.00

13/14

1

$31.96

18

$11,100.00

14/15

3

$145.00

2

$800.00

 

All new houses built now have BASIX requirements that virtually dictate the use of water efficient fixtures and rainwater tanks.  It is also considered that the majority of consumers in the wider community have already made the move to replacing old toilet systems and shower heads to reduce water consumption.

 

It is unlikely that the uptake of these rebate schemes will see any marked increase in the future however they are still recommended to be retained to satisfy Best Practice Guideline. The Guidelines suggest other rebate schemes such as for front loader washing machines and property audits however it is considered that subsidising washing machines is a step too far for this Council and that the return on property audits for water usage would be non existent given the resources and cost involved in implementing and managing such a program.

 

Council has installed meters on the outlet of the majority of water supply reservoirs serving all urban areas and this enables the monitoring of water usage and leakage.  Night flow is the best indicator of leakage and any sudden increase or gradual increase over time is a prime indication that there may be leakage or breakage issue.

 

Current leakage rates are well within the limits of what is considered to be reasonable.  These will continue to be monitored and if significant increases occur then action will be taken to engage contractors to carry out leakage testing to identify problem areas that Council can target for repair.

 

Council currently has an active renewal program where older sections of asbestos cement (AC) pipe or poorly performing sections of pipe are replaced.  Most AC pipe has now been replaced and Council’s reticulation system has very few areas that provide continued problems as a result of breakage. In some areas where breakage has been an issue the problem has been rectified with the installation of a pressure reduction valve that limits the pressure downstream of the valve.

 

Wastewater reuse schemes are another means of reducing potable water demand by providing treated waste water as a replacement for potable water.  These schemes are invariably very expensive to implement and require a consumer or consumers that can utilise all of the water on a 24/7 basis to make them worthwhile.  Even then the water must be sold at a rate considerably less than potable water to provide an incentive for the consumer to use it.

 

Although this is one area were a significant difference could be made in managing and reducing potable water demand Council would need to be very careful in making a decision to implement a wastewater reuse scheme.  It is considered that the economic viability of the project would have to far out way the environmental or social benefits as the ratepayers in the Shire would have a very limited capacity to subsidise such a scheme.

 

A reuse scheme may be best considered at a future time when increased water demand requires Council to investigate capital works options such as expanding the borefield or raising .the off river storage embankment.  The capital cost of the reuse scheme may provide a cost advantage over the water supply upgrade works and delay the need for that work to be undertaken.  All of these issues should be considered in the development of future Integrated Water Cycle Management Strategies.

 

Council has undertaken a limited program of community education.  The majority of educational information has been provided in a passive manner through Council’s website using material provided through membership of Savewater.  Unfortunately the Savewater organisation has recently been disbanded and many of their initiatives are no longer available.

 

In recent times Council has provided plenty of information to the ratepayers in relation to the dam project, in particular why it was required and the cost implications to consumer.  Tours provided during the course of the project reinforced the importance of properly managing Council’s water resources and were well received by the community.  A continued program of regular tours promoting a message of water conservation may be something that Council could pursue.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Demand management and water conservation measures reduce the amount of water extracted for potable water supply and provide for increased environmental flows.

 

Social

 

Demand management and water conservation measures provide good social outcomes by ensuring that consumers take responsibility for their water usage and do not waste it.

 

Economic

 

Demand management and water conservation measures have the capacity to reduce potable water usage and may delay the need for expensive capital works projects required to satisfy the needs of increased water demand.  This can provide significant savings to the community

 

Risk

 

Demand management and water conservation is not considered to be a significant issue for Council.  Residential water usage per property is well below the State medians and compares very favourably with neighbouring coastal Council’s

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

No significant changers to current demand management and water conservation practices are proposed so there is not expected to be any significant changes to the water supply budget in terms of capital works and operational costs.

 

There is the intention to continue to draw a dividend from the Water Fund to supplement the General Fund and this should be allowed for in the future.

 

Source of funds and any variance to working funds

 

No additional funding is required

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service. 

 


Attachments:

1

17106/2015 - DRAFT Water Supply Policy

 

2

25351/2007 - DES - POLICY - Water Accounts General - Water Charges - faulty meters

 

3

25358/2007 - DES - POLICY - Water Supply - rural connections to the water supply

 

4

25360/2007 - DES - POLICY - Water Supply - Reimbursement for Water Saving Devices

 

5

20464/2013 - CS - Policy - Undetected Water Leak

 

6

25350/2007 - DES - POLICY - Water Accounts General - Dialysis Patients Free Water Allowance

 

7

25359/2007 - DES - POLICY - Water Supply - Water Service Connections

 

8

17673/2015 - Blank Councillor Comment Sheet for Draft Water Supply Policy

 

  


Ordinary Council Meeting - 25 June 2015

DRAFT Water Policy with Demand Management and Water Conservation 

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT WATER SUPPLY POLICY

 

 

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.’

 

 

 

1.0       Policy objective

 

            Refer Part A – Section 1.1

 

2.0       Related legislation

 

            Refer Part A – Section 1.2

 

3.0       Definitions

 

            Refer Appendix A - Definitions

 

4.0       Policy statement

 

            Refer Part A: Section 1.1 Clause 1.1.1

 

5.0       History

 

Over the years Council has had many policies related to water supply matters.  The NSW Office of Water encourages councils to comply with Guidelines for Best Practice Management of Water Supply & Sewerage.  This has bought about many changes in the way Council operates the water supply system and charges consumers for the supply of water and infrastructure provided.  This Water Supply Policy is a standalone document that provides consumers with all the information relating to water supply matters and its adoption will mean that the following specific policies will become redundant.

·   Water Account Charges - Faulty meters (Our Ref 25351/2007)

·   Rural Connection to Water Supply (Our Ref: 25358/2007)

·   Reimbursement of Water Saving Devices (Our Ref: 25360/2007)

·   Undetected Water Leakage (Our Ref: 20464/2013)

·   Water Accounts - Dialysis Patients Free Water Allowance (Our Ref: 25350/2007)

·   Water Policy - Water Service Connections (Our Ref: 25359/2007)

 

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

Manager Water & Sewerage Richard Spain

 

 

Document No.

17106/2015

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 

 

TABLE OF CONTENTS

TABLE OF CONTENTS. 3

Part A - Preliminary Information.. 1

1.1         About this Document. 2

1.1.1      Purpose. 2

1.1.2      Title. 2

1.1.3      Outline. 2

1.1.4      Statutory Context 2

1.1.5      Consistency. 2

1.1.6      Review of this document 2

1.2         The Legislative Framework. 3

1.2.1      Local Government Act 1993. 3

1.2.2      Local Government (General) Regulation 2005. 3

1.2.3      Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005  4

1.2.4      Water Management Act 2000. 4

1.2.5      Water Act 1912. 4

1.2.6      Public Health Act 1991. 4

1.2.7      Fluoridation of Public Water Supplies Act 1957. 4

1.2.8      Residential Parks Act 1998. 4

1.2.9      Australian Drinking Water Guidelines 2004. 4

1.2.10        Australian Standard AS/NZS 3500:2003: Plumbing and drainage. 5

1.2.11        Australian Standard AUS- SPEC DM-2004: Design Manual 5

1.2.12        Australian Guidelines for Water Recycling: Managing Health and Environmental Risks 2006. 5

1.2.13        NSW Code of Practice Plumbing and Drainage 2006. 5

1.2.14        NSW Office of Water Guidelines for Best- Practice Management of Water Supply & Sewerage 2007. 5

1.2.15        NSW Guidelines for Urban and Residential Use of Reclaimed Water 1993. 5

1.2.16        State Environmental Planning Policies. 6

1.2.17        Environmental Planning and Assessment Regulation 2000. 6

1.2.18        Nambucca Shire Local Environmental Plan 2010. 6

1.2.19        Nambucca Shire Council Management Plan. 6

1.2.20        Nambucca Shire Council Development Control Plan 2010. 6

1.2.21        Nambucca Shire Council Development Servicing Plan for Water Supply - 2011. 6

1.3         Delineation of Responsibilities. 8

1.3.1      Council’s Water Supply System.. 8

1.3.2      Customer’s Water Supply System.. 8

Part B - What services are provided.. 10

2.1         Water supply services. 11

2.1.1      Supply of Drinking Water 11

2.1.2      All Water Through an Independent House Service Pipe. 11

2.1.3      All Water Connections to be Metered. 11

2.1.4      Cutting off or Restricting Water Supply. 11

2.1.5      Drinking Water Quality. 12

2.1.6      Drinking Water Pressure. 12

2.1.7      Life Support/ Dialysis. 12

2.1.8      Fire Hydrants and other fittings. 12

2.1.9      Reliance on Water Supply. 12

2.2         Factors affecting water supply service and infrastructure. 13

2.2.1      Repairs and Maintenance. 13

2.2.2      Unplanned Interruptions. 13

2.2.3      Planned Interruptions. 13

2.2.4      Mandatory Water Conservation Measures. 13

2.2.5      Restrictions during Drought or Emergency Situations. 13

2.2.6      Restrictions during Major Operational Difficulties. 14

2.2.7      Pipelines and Easements. 14

2.2.8      Catchment Areas, Pumping Stations and Reservoirs. 14

2.3         Water supply levels of service. 15

2.3.1      Council’s targeted levels of service. 15

Part C - Water Tariff and Billing.. 17

3.1         The Water Supply Tariff. 18

3.1.1      Tariff Structure. 18

3.1.2      Water Supply Charges. 18

3.1.3      Fire Service Charges. 18

3.1.4      Water Consumption. 18

3.2         Concessions, Rebates and Variations. 19

3.2.1      Pensioner Rebate. 19

3.2.2      Granny Flats. 19

3.2.3      Dialysis Customers. 19

3.2.4      Interim Access Charge Rebate Staged Development 19

3.2.5      Variations for Unforeseen Leaks Residential Properties. 20

3.2.6      Customers with Defective Meters. 20

3.3         Billing. 21

3.3.1      Your Account 21

3.3.2      Changes to Water Prices. 21

3.3.3      Overdue Accounts. 21

3.3.4      Financial Hardship. 21

3.3.5      Cutting off or Restricting Supply. 21

3.3.6      Additional Meter Readings. 22

Part D - Water Conservation & Demand Management. 23

4.1         General. 24

4.1.1      Council’s Approach. 24

4.2         Mandatory Water Conservation Measures. 26

4.2.1      Mandatory Water Conservation Measures. 26

4.3         Water Loss Management. 27

4.3.1      What is Water Loss?. 27

4.3.2      Leak Reduction Program.. 27

4.3.3      Pressure Reduction Program.. 27

4.3.4      Watermain Renewals Program.. 27

4.3.5      Meter Replacement Program.. 28

4.3.6      Customer’s Water System.. 28

4.4         Water Efficient Retrofit Program.. 29

4.4.1      Council Retrofit Program.. 29

4.4.2      Water Saving Fixtures Rebate Scheme. 29

4.5         Rainwater Tanks. 30

4.5.1      General 30

4.5.2      History. 30

4.5.3      Eligibility. 31

4.5.4      Properties Connected to Town Water Supply. 32

4.5.6      Rebate Amounts. 32

4.6         Greywater Reuse. 33

4.6.1      Owner’s Responsibility. 33

4.6.2      Council Approval 33

4.7         Community Education. 34

4.7.1      Education Initiatives. 34

4.8         Reclaimed Water. 35

4.8.1      Aims. 35

Part E - New Connections, Metering and Development Issues. 36

5.1         New Connections. 37

5.1.1      Water services installation. 37

5.1.2      Water meter installation. 38

5.1.3      Large water services. 38

5.1.4      Properties previously not rated for water supply. 38

5.1.5      Strata and multi residential developments. 39

5.1.6      Torrens title stratum developments. 39

5.1.7      Non connection to Council’s water supply system.. 39

5.1.8      Connections in rural areas. 39

5.1.9      Disinfection and pressure testing. 40

5.1.10        Fire services. 40

5.1.11        Water pressure certificate. 40

5.1.12        Cross-connection control 40

5.1.13        Multiple occupancy. 41

5.1.14        Easements. 41

5.1.15        Private water hydrants. 42

5.1.16        Private water meters. 42

5.2         Meter Issues. 43

5.2.1      Meter security. 43

5.2.2      Meter testing. 43

5.2.3      Meter replacements. 43

5.2.4      Meter relocation. 43

5.2.5      Multiple meters. 44

5.2.6      Upsizing/downsizing meters. 44

5.3         Development Issues. 45

5.3.1      Headworks & distribution charges. 45

5.3.2      Augmentation of water supply system.. 45

Part F - Drought Management. 46

6.1         Objectives and Notification. 47

6.1.1      Objectives. 47

6.1.2      Water Conservation and Demand Management 47

6.1.3      Declaring Measures for Drought Management 47

6.1.4      Notification. 47

6.2         Water Restrictions. 48

6.2.1      Introduction. 48

6.2.2      Water Restrictions Levels. 48

APPENDIX A – DEFINITIONS. 52

 



Ordinary Council Meeting - 25 June 2015

DRAFT Water Policy with Demand Management and Water Conservation 

 

 

Part A - Preliminary Information

1.1     About this Document

1.2     The Legislative Framework

1.3     Delineation of Responsibilities

 


 

 

1.1      About this Document

 

 

1.1.1        Purpose

Nambucca Shire Council’s adopted mission is:

The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people”

Council has adopted various local policies, in accordance with the Local Government Act 1993 and Water Management Act 2000 that are relevant to the supply of drinking water and reclaimed water.

The purpose of this consolidated document is to bring together all Council policies relating to water supply into a single document and to allow Council’s customers and ratepayers to be reasonably aware of the existence of relevant regulations and local policies.

 

1.1.2        Title

This consolidated document is Nambucca Shire Council Water Supply Policy 2015 (The Water Supply Policy).

 

1.1.3        Outline

The Water Supply Policy generally covers those activities relating to the water supply system that can be done, those that cannot be done and those that require Council’s approval.

The Water Supply Policy is supported by Council’s detailed Procedures. These are listed in Council’s Procedure Document Register

 

1.1.4        Statutory Context

The Water Supply Policy is a local policy made under the Local Government Act 1993 (Chapter 7, Part 3).

The Water Supply Policy is a publicly available policy document under the Freedom of Information Act 1989.

 

1.1.5        Consistency

All Council’s policies are required to comply with the requirements of relevant Acts and Regulations and also to be consistent with the principles of ecologically sustainable development.

Where a local policy is inconsistent with the Local Government Act 1993 or  the Regulations, then to the extent to which it is inconsistent, it is void.

In addition, a local policy cannot to be more onerous than the Local Government Act 1993 or the Regulations.

 

1.1.6        Review of this document

This policy document will be reviewed annually as required as part of the Corporate Plan to ensure that it is up-to-date with current legislation and community expectations.


1.2      The Legislative Framework

 

 

Council provides water services appropriate to the current and future needs of local communities in accordance with the relevant Acts, Regulations and standards. Some of the relevant Acts, Regulations and standards are outlined below.

 

1.2.1  Local Government Act 1993

The Local Government Act 1993 outlines Council’s power to do a range of functions, including those relating to water supply. This includes Council’s power to:

construct water supply works (Chapter 6, Part 3, Division 2),

specifies when certain approvals are required (Chapter 7, Part 1, Division 1)

order a person to connect to the water supply system if the premises are within 225 metres of a water pipe of the Council (Chapter 7, Part 2)

authorise an employee to enter any premises to carry out water supply work (Chapter 8, Part 2)

transfer a return on capital invested payment (dividend) from the Water Fund to the General Fund subject to compliance with Government guidelines (Chapter 13, Part 3)

charge for water services, in particular by the quantity of water supplied and an annual service charge (Chapter 15)

levy water charges for vacant land within 225 metres of a water pipe of the Council (Chapter 15, Part 5, Division 2)

exempt certain types of land from water supply charges (some types of land must be exempt, for example land owned by the Crown, not being land held under a lease for private purposes) (Chapter 15, Part 6)

charge a fee for service (Chapter  15, Part 10, Division 2)

prosecute for work not carried out by licensed tradespeople, interference or damage to any water supply property (including the meter) or negligently wastes or misuses water from a public water supply (Chapter 16, Part 3)

 

1.2.2  Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005, made under the Local Government Act 1993, further outlines and defines Council’s powers regarding the provision of water services. This includes

installation of water meters on all connections (Part 2, Division 3)

approvals relating to water supply work (Part 2, Division 3)

adoption of the Building Code of Australia (Part 2)

the power relating to orders (Part 3, Division 1)

information to be shown on the bill (Part 5)

water restrictions, fire hydrants and inspections (Part 6)

work to be carried out in accordance with the NSW Code of Practice Plumbing and Drainage (Schedule 1, Part 2)

 

1.2.3     Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

This Regulation outlines standards of design for Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings. Provisions relating to water supply include:

a manufactured home estate must be connected to a mains water supply (Part 2, Division 3, Subdivision 4) and the water supply works must be installed in accordance with the Plumbing and Drainage Code of Practice (Part 2, Division 4, Subdivision 3)

no part of a dwelling site or community building within a manufactured home estate may be situated more than 90 metres from a fire hydrant (Part 2, Division 3, Subdivision 5)

a caravan park or camping ground must be connected to a mains water supply and the works must be installed in accordance with the Plumbing and Drainage Code of Practice (Part 3, Division 3, Subdivision 4)

no part of a dwelling site, camp site or community building within a caravan park or camping ground may be situated more than 90 metres from a fire hydrant (Part 3, Division 3, Subdivision 8)

 

1.2.4  Water Management Act 2000

The Water Management Act 2000 is to provide for the sustainable and integrated management of the water sources of the State and regulates the extraction of water from the natural environment. The Act also contains provisions relevant to Council relating to developer contributions for water supply works (Chapter 6, Part 2, Division 5).

 

1.2.5  Water Act 1912

The Water Act 1912 is to be repealed on the whole commencement of Schedule 7 of the Water Management Act 2000. The Water Act 1912 currently has provisions relating to licences for water supply, including bores.

 

1.2.6  Public Health Act 1991

The Public Health Act 1991 contain provisions relating to the safety of drinking water and the functions of the Chief Health Officer if there are any possible risks to health involved in the consumption of drinking water.

 

1.2.7  Fluoridation of Public Water Supplies Act 1957

The Fluoridation of Public Water Supplies Act 1957 provides for the Secretary of the Department of Health to approve or direct a water supply authority to add fluorine to any public water supply.

 

1.2.8   Residential Parks Act 1998

The Residential Parks Act 1998 sets out the respective rights and obligations of park owners and residents, including the payment of water availability and water consumption charges (Part 4, Division 2).

 

1.2.9  Australian Drinking Water Guidelines 2004

The 2004 Australian Drinking Water Guidelines have been developed by the National Health and Medical Research Council in collaboration with the Natural Resource Management Ministerial Council and provides the Australian community and the water supply industry with guidance on what constitutes good quality drinking water.

Council is committed to providing water in accordance with the Australian Drinking Water Guidelines.

 

1.2.10   Australian Standard AS/NZS 3500:2003: Plumbing and drainage

Australian Standard AS/NZS 3500:2003 provides plumbing and drainage solutions that will satisfy the performance requirements outlined in the Plumbing Code of Australia.

However, the responsibility for regulation for on site plumbing remains with the states and territories. NSW has adopted the NSW Code of Practice Plumbing and Drainage 2006, which is based on AS/NZS 3500, with State variations and additional provisions.

 

1.2.11   Australian Standard AUS- SPEC DM-2004: Design Manual

The Port Macquarie-Hastings Councils AusSpec Design Manual provides guidance, procedures and quality checklists for the design of civil infrastructure works. Of particular relevance is D11 regarding water supply reticulation design and C401 regarding water supply reticulation construction.

 

1.2.12   Australian Guidelines for Water Recycling: Managing Health and Environmental Risks 2006

These national guidelines, released in November 2006, outline a best practice framework for the supply, use and regulation of reclaimed water schemes.

The guidelines cover the monitoring and management of health and environmental risk, as well as communication and community consultation issues.

 

1.2.13   NSW Code of Practice Plumbing and Drainage 2006

The NSW Code of Practice Plumbing and Drainage 2006 outlines the requirements for, among other things, work on drinking water supplies and reclaimed water systems.

Provisions covered in the code include: fire service installation, backflow prevention devices, meters, multiple occupancy, rainwater harvesting installations, materials to be used and the sizing of water services.

 

Under the Local Government Act 1993, the prior approval of Council is required for any plumbing work involving water supply or reclaimed water systems and the work must be carried out in accordance with the NSW Code of Practice Plumbing and Drainage 2006. Environmental planning instruments (State environmental planning policies (SEPP), regional environmental plans (REP) and local environmental plans (LEP)) are legal documents that regulate land use and development. Generally a SEPP prevails over a REP and the REP prevails over a LEP, if there is an inconsistency.

 

1.2.14   NSW Office of Water Guidelines for Best- Practice Management of Water Supply & Sewerage 2007

The Guidelines for Best-Practice Management of Water Supply and Sewerage 2007 encourage continuing improvement in performance and identify 11 criteria for best-practice management of water supply and sewerage. The criteria include guidelines for the structure of the water tariff, strategic business planning and drought management.

 

1.2.15   NSW Guidelines for Urban and Residential Use of Reclaimed Water 1993

These guidelines set out the requirements for reclaimed water use in NSW, including water quality and permissible uses.

 


1.2.16   State Environmental Planning Policies

The Minister for Planning makes SEPPs  to deal with issues significant to the state and people of NSW. Many may be relevant to the provision of water services. For example, Division 24 (Clauses 124 & 127) of Part 3 of SEPP (Infrastructure) 2007 contains State- wide planning controls relating to water supply systems.

 

1.2.17   Environmental Planning and Assessment Regulation 2000

The EPA Regulation contains provisions requiring the submission of, and compliance with, a BASIX certificate, which is designed to achieve more sustainable development, including reduced consumption of mains supplied potable water.

 

1.2.18   Nambucca Shire Local Environmental Plan 2010

The Nambucca Shire Local Environmental Plan 2010 has been prepared to guide planning decisions in the local government area.

One of the objectives of the LEP is to ensure that development occurs in a coordinated and efficient manner and that costs are borne equitably (clause 13).

LEPs are prepared by councils to guide planning decisions, through zoning and development controls. Development control plans (DCPs), prepared in accordance with the Environmental Planning and Assessment Act, are also used to help achieve the objectives of the local plan by providing specific, comprehensive requirements for certain types of development or locations eg for urban design, and heritage precincts and properties

In accordance with the LEP, Council cannot grant consent for a development unless satisfactory arrangements are made for the provision of water supply, if the proposed uses of the land will, in the opinion of Council, generate a need for water supply.

 

1.2.19   Nambucca Shire Council Management Plan

Every year, Council prepares a draft Management Plan outlining Council's activities for at least the next 3 years, and the revenue policy for the next year. This includes fees and charges for all of Council’s activities, including water supply and reclaimed water. The draft Management Plan is exhibited and comments are invited from the public prior to it being adopted by Council.

 

1.2.20   Nambucca Shire Council Development Control Plan 2010

The Nambucca Shire Council Development Control Plan (DCP) 2010 makes more detailed provisions to achieve the purposes of the LEP and specifies criteria that the Council takes into consideration.

The DCP makes provisions for energy and water efficient residential buildings, for residential buildings where State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 does not apply.

 

1.2.21   Nambucca Shire Council Development Servicing Plan for Water Supply - 2011

Council has prepared a Development Servicing Plan, in accordance with State Government guidelines, which details the water supply developer charges to be levied on development areas utilising a Council’s water supply infrastructure.

The developer charges cover the cost of providing the water supply capacity either within Council’s existing water supply system or through future capital works.


Section 64 of the Local Government Act 1993 enables local government to levy developer charges for water supply infrastructure. This power is derived from a cross-reference in that Act to section 306 of the Water Management Act 2000.

 


1.3      Delineation of Responsibilities

 

 

1.3.1   Council’s Water Supply System

Nambucca Shire Council water supply is drawn from 10 bores located adjacent to the Nambucca River upstream of Bowraville.

The water supply headworks is located close to the borefield and it is here that the bore water is collected treated and pumped to twin high level reservoirs located on Balance Tank Road.  The water treatment involves the addition of lime to reduce water hardness, dosing with sodium hypochlorite for disinfection purposes, fluoride dosing in accordance with NSW Health requirements and pH correction using carbon dioxide gas.

From the Balance Tank Road reservoirs the water is able to be gravity fed via trunk water supply mains to the service reservoirs located in each main urban area supplied with town water.  These are Bowraville, Macksville, Nambucca Heads, Hyland Park, Valla Beach and Scotts Head.  The water from the town reservoirs travels through reticulation mains located in the street verge to the consumers property.

Council has recently completed the construction of an off river storage to provide security of supply for the Shires water supply.  During periods when flow in the river is not low Council pumps water from the borefield to the off river storage where it is stored for use in drought conditions or when river flows are low.

Once this storage is in operation Council will not pump water from the bores when the flow in the river drops below pre-determined minimum environmental flows.  These environmental flows are required to protect the river's ecosystem, including fish, and aquatic plants.  A river flow gauging station is located directly downstream of the borefield to continuously monitor river flows and this will be used to assist in the control pumping operations this will be

Council is responsible for the operation and maintenance the off river storage and all the pumps, reservoirs and equipment required to deliver water to its customers. Council also manages and maintains the water pipe network up to and including the water meter at the consumers property.

 

1.3.2   Customer’s Water Supply System

The property owner is responsible for maintaining all of the pipes and fittings, including backflow prevention devices, between Council’s water meter and the buildings and taps on your property. This is referred to as the internal property water system.

Council retains ownership of the water meter however the property owner is also responsible for any damage to the water meter or damage caused by a failure in internal property water system.

 

Figure 1: Diagram showing ownership and responsibility

(adapted from the NSW Code of Practice Plumbing and Drainage 2006)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part B - What services are provided

2.1     Water supply services

2.2     Factors affecting water supply service

2.3     Water supply levels of service

 


2.1      Water supply services

 

 

2.1.1   Supply of Drinking Water

Nambucca Shire Council will supply a customer with drinking water to meet a customer’s reasonable needs except:

in the case of planned or unplanned interruptions;

in the case of drought or major operational difficulty;

where Council is entitled to restrict or discontinue supply; or

in the case of events beyond Council’s reasonable control.

 

2.1.2   All Water Through an Independent House Service Pipe

Where your property has a direct street frontage to Council’s water supply system, you must ensure the connection from Council’s water supply system to your water supply system is by an independent house service pipe (refer Local Government (General) Regulation 2005 clause 152).

 

2.1.3   All Water Connections to be Metered

All water services within the Nambucca Shire Local Government area are to be individually supplied and metered in an approved manner in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

The installed water meter always remains the property of Council. It is an offence under the Local Government Act 1993 to remove or tamper or interfere with the installed meter. Any person found removing or tampering or interfering with the meter may be subject to legal action.

As the property owner, you must ensure that your water meter is not used to measure the quantity of water supplied by the Council to other premises (refer Local Government (General) Regulation 2005 clause 156).

Mains that service dedicated fire hydrant or sprinkler systems shall be installed with a metered bypass around a dualcheck valve in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

Council will work with property owners whose fire services do not comply with the standard, with the view to installing a standard meter layout at the owner’s cost.

 

2.1.4   Cutting off or Restricting Water Supply

Council may cut off or restrict the supply of water to premises (refer Local Government (General) Regulation 2005 clause 144):

if any water supply charges in respect of the premises are unpaid, or

if the water supply customer fails to comply with a lawful order or requirement of Council to repair or alter water connections, pipes, fittings or fixtures connected to Council’s water supply system, or to remove, replace, alter, extend, repair or stop using a water pipe, fitting or fixture.

if any water meter used to measure that supply has been tampered with so that it incorrectly registers the supply of water.

 


2.1.5   Drinking Water Quality

The drinking water that Nambucca Shire Council supplies will comply with the health, taste and odour related guidelines provided in the 2004 Australian Drinking Water Guidelines, developed by the National Health and Medical Research Council in collaboration with the Natural Resource Management Ministerial Council.

 

2.1.6   Drinking Water Pressure

Council will use its best endeavours to ensure that the drinking water supplied to your property is at a minimum pressure of 120 kilopascals (12 metres head of water) at the point of connection to Council’s water supply main, under normal operating conditions.

A number of designated low water pressure areas have been identified in various locations due to the ground elevation of the affected properties. In these locations property owners that want an increased pressure are required to install and maintain approved private booster pump arrangements at their own cost.

Pressure pump arrangements shall not be connected directly to the water supply system.  A break tank shall be provided and located on private property with an “over the top” feed and suitable air gap.

 

2.1.7   Life Support/ Dialysis

If you require a water supply to operate a life support machine you should notify Council.

Council will include you on our list of critical customers and ensure all practical steps are taken to provide you with an uninterrupted water service.

You will receive advance notification of any planned interruption to the water supply service.

In addition, Council will make best endeavours to contact you as soon as possible in the event of any unplanned interruption and make alternative arrangements for your supply.

For customers on a dialysis machine, Council has also agreed to a reduction in the usage component of your water bill (refer to Part C of this document).

 

2.1.8   Fire Hydrants and other fittings

Council installs and maintains hydrants in its water mains at convenient distances and places for the ready supply of water to extinguish fires and for operational purposes. Hydrants are installed in accordance with the Australian Standard 2419.

The only people approved to access or operate fire hydrants are members of the NSW and Rural Fire Brigades and Council’s water supply staff. Council’s water supply staff are the only persons approved to access or operate all other water supply fittings, including stop valves.

 

2.1.9   Reliance on Water Supply

If you are heavily dependent on a continuous supply of water (say, for manufacturing or operational processes), it may be in your interests to consider contingency arrangements independent of the town water supply in the event of an interruption to the water supply. Any such arrangements would be at your cost and may need Council approval.


2.2      Factors affecting water supply service and infrastructure

 

 

2.2.1   Repairs and Maintenance

If Nambucca Shire Council undertakes any work on or adjacent to your property, Council will leave the affected area and immediate surrounds as near as possible to the state which existed prior to the works being undertaken, unless Council has agreed to a different arrangement with you.

 

2.2.2   Unplanned Interruptions

If there is an unplanned interruption to your water supply service, Council will attempt to minimise the inconvenience to you by:

 

restoring the service as quickly as possible;

providing as much information as practicable with available resources, such as how long the interruption is likely to last, based on the best information available at the time;

flushing the water supply system to reduce the impacts of possible dirty water caused by such events.

 

2.2.3   Planned Interruptions

Council may need to arrange planned interruptions to your water supply services to allow for planned or regular maintenance of the water supply system.

Council will use its best endeavours to inform you of the expected time and duration of any planned interruption, prior to the work being undertaken, in accordance with Council’s target levels of service (refer to Section 2.3 in this Part of the document).

 

2.2.4   Mandatory Water Conservation Measures

In accordance with Council’s adopted water conservation and demand management strategy and due to the limited capacity from time to time of the water supply scheme to meet water supply needs of users on an “unrestricted basis” and to also recognise the ongoing need to reduce water wastage, Nambucca Shire Council has instituted “Mandatory Water Conservation Measures” (refer to Part D of this document).

 

2.2.5   Restrictions during Drought or Emergency Situations

Council may interrupt, limit or place restrictions on the supply of water including

 

the purposes for which the water can be used, or

the times when the water can be used, or

the  methods  by which the  water  can  be used, or

the quantities of the water that can be used.

These restrictions may be applied if there is a drought, or if the available stored water, or the available capacity of supply, is so limited as to make extraordinary measures necessary in the general interest of water consumers.

If restrictions are to be applied, Council will publish a notice in a newspaper circulating within Council’s area.

 

2.2.6   Restrictions during Major Operational Difficulties

Council may need to shut down a water supply source in the event that a major operational difficulty occurs. If customer demands for water are high at the time of such an event, Council may interrupt, limit or place restrictions on the supply or use of the water supply to you until such time as the operational difficulty is over.

 

2.2.7   Pipelines and Easements

The location and protection of water supply infrastructure remains the responsibility of the person and/or organisation undertaking any excavation or associated works. The “PPP” approach of “Plan, Pot-Hole and Protect” must be applied at all times when works are undertaken in the zone of influence associated with any water supply infrastructure.

Upon request Council will provide plan details and/or onsite locations to assist with the location of water supply infrastructure including buried pipelines and associated fittings.

However any damage and/or subsequent failure of these assets due to excavation or other site works will be rectified by Council and the cost of such rectification works will be charged to those identified responsible for such damage and/or failure.

Special conditions including building, structures and excavation exclusion zones apply to all water supply pipelines and/or easements in favour of Council on public and private land.

 

2.2.8   Catchment Areas, Pumping Stations and Reservoirs

The Council owned land including the catchment areas surrounding the water supply off-creek storage dams is a special protection zone, which assists in ensuring the quality of drinking water supplied to consumers, as such public access to this land will be restricted and strictly controlled at all times.

Similarly public access to other water supply sites and infrastructure including; river intakes, pumping stations, water treatment plants and reservoirs will be restricted and strictly controlled at all times.

In general it will not be permissible to install other equipment and/or infrastructure inside, attached or upon water supply infrastructure.


Ordinary Council Meeting - 25 June 2015

DRAFT Water Policy with Demand Management and Water Conservation 

 

2.3      Water supply levels of service

 

 

2.3.1   Council’s targeted levels of service

The target levels of service for the Nambucca Shire Council water supply system are summarised in the table below. These levels of service are set out in Council’s Strategic Business Plan for Water Supply and are targets that Council aims to achieve. They are not intended to form a formal customer contract.

 

Description

Unit

Level of Service

Availability of Supply

Normal Quantity Available

Domestic annual

Fire Fighting

Compliance with Building Codes and Fire Brigade requirements

Pressure

Minimum pressure

(Measured at a flow rate of 0.15 L/s per tenement at Council’s watermain adjacent to property boundary.)

Maximum static pressure

 

 

 

kL/tenement/year

 

% of service area

Metres head Metres head

 

 

 

200

 

100%

 

 

12

 

 

60

Restrictions

Refer to Part G of this Document

No longer than 5% of the time, not more often than once in 10 years, at least 80% of normal quantity is available (Water Supply Secure Yield design parameters).

Interruptions

 

 

 

Days

 

 

 

2

Planned Interruption

Notice to domestic customers

Notice to commercial customers

Days

2

Notice to industrial customers

Days

2

Notice to special customers

Days

7

(Special customers include schools, nursing homes and

 

 

home dialysis patients and are given a personal notice.)

 

 

Maximum duration

Hours

6

Maximum frequency

Customers/year

1

Unplanned Interruption

 

 

Maximum duration during working hours

Hours

4

Maximum frequency

Number/year

2

 


 

Description

Unit

Level of Service

Response Times

 

 

 

Hours

 

 

 

2

Supply Interruptions

Working hours

After hours

Hours

2

Minor problems/general inquiries

 

 

Oral

Work days

5

Written

Work days

10

Time to provide new connection in serviced area

 

 

for 80% of requests

Working days

5

Water Quality

Microbiological

 

 

% of samples

 

 

100%


Ordinary Council Meeting - 25 June 2015

DRAFT Water Policy with Demand Management and Water Conservation 

 

 

Part C - Water Tariff and Billing

 

3.1     The Water Tariff

3.2     Concessions, Rebates and Variations

3.3     Billing


3.1      The Water Supply Tariff

 

 

3.1.1   Tariff Structure

Council’s adopted water supply tariff structure has the following attributes:

 

That all properties that have a frontage to a water main and to which a water service can be provided with be levied the water supply “Access Charge”, with the exception of land that is zoned 1(a3).

The tariff applies to all customers irrespective of their end use of the water (that is, the same tariff applies to residential, commercial or industrial uses) or where the customers live (for example, rural areas pay the same as urban areas).

The tariff has two parts, an annual “Access Charge” and consumption “Usage Charge”.

Normally the Access Charge is dependent on the customer’s meter size, being reflective of the customer’s demands on the system. The Access Charge is proportional to the square of the size of the customer’s water meter.

The Usage Charge is applied to the amount of water measured through the water meter.

Where customers do not have an individual meter (eg older Strata Units) they will be charged as if they had an individual 20mm meter.

 

Council has worked to achieve the criteria for best-practice management. This include that at least 75% of the total residential revenue should be recovered from residential water “Usage Charges”.

 

3.1.2   Water Supply Charges

The water supply charges that apply are determined each year through the Corporate Plan process in accordance with the Local Government Act 1993.

 

3.1.3   Fire Service Charges

All water supplied for fire services is to be metered and measured.

The Access Charge for a dedicated fire service will be charged at the same rate as 20mm metered service.

 

3.1.4   Water Consumption

The annual water consumption for a property is taken to be the meter readings taken during that year and not necessarily to the water consumed during that year. This allows for variations in the meter reading cycle.


3.2      Concessions, Rebates and Variations

 

 

3.2.1   Pensioner Rebate

In accordance with the Local Government Act 1993, Council provides eligible pensioners with a reduction up to $87.50 for water supply charges.

 

The statutory pensioner rebate scheme is funded by the State Government (50%), the Federal Government (5%) and Council (45%).

An “eligible pensioner” is prescribed in the Local Government Act 1993 and the Local Government (General) Regulations 2005 as a person who is the owner and occupier of the dwelling as their principal place of living, and:

who receive a pension, benefit or allowance under the Commonwealth Social Security Act 1991, or a service pension under the Commonwealth Veterans’ Entitlements Act 1986, and who are entitled to a pensioner concession card issued by the Commonwealth, or

who receive a pension from the Department of Veterans‟ Affairs as:

the widow or widower of a member of the Australian Defence or Peacekeeping Forces, or

the unmarried mother of a deceased unmarried member of either of those Forces, or

the widowed mother of a deceased unmarried member of either of those Forces,

and do not have income and assets that would prevent them from being granted a pensioner concession card (assuming they were eligible for such a card), or

who receive a general rate of pension adjusted for extreme disablement under section 22 (4) of the  Veterans’ Entitlements Act 1986 of the Commonwealth, or a special rate of pension under section 24 of that Act.

 

3.2.2   Granny Flats

Council shall treat a single residential property that includes a “granny flat” as a single residential property for charging the water Access Charge.

A “granny flat” is defined as a habitable occupancy within a rateable assessment that is occupied by a dependant relative and where no financial remuneration is paid by that person/s to occupy the occupancy.

Council requires that ratepayers apply annually for classification as a granny flat for water tariff purposes.

Where a single residential property includes a flat that does not meet the criteria above and is assessed to be a dual occupancy, two Access Charges will be applied.

 

3.2.3   Dialysis Customers

For customers on a dialysis machine Council will provide up to 100 kL of water per year at no charge.

 

3.2.4   Interim Access Charge Rebate Staged Development

On properties subject to staged development and where the water service has been sized to serve ultimate requirements, the water Access Charge may be reduced each year to the equivalent of the rate for the size of the service required for that stage of the development that has Council approval.


An application for such reduction will need to be made each year and include details of current approvals and an assessment of the size required in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

 

3.2.5   Variations for Unforeseen Leaks Residential Properties

The property owner is responsible for maintaining all of the pipes and fittings between Council’s water meter and the buildings and taps on your property (refer to Figure 1).

They are also responsible for the payment of all water charges based on the water that passes through the water meter, including onsite leaks.

Council will consider varying water consumption as well as related sewer and trade waste usage charges where:

The water service is constructed of material approved by Council including:

copper pipe

polyethylene (PE) pipe for pressure applications and

A defect in the service has occurred which is not readily visible or apparent and Council is satisfied that there has been immediate and effective action to make repairs; and

A copy of the invoice from a licensed plumber for the repairs has been provided to Council

The variation to an account will reduce the charges to an amount which is the lesser of the actual metered amount or twice the average water usage for the property as determined using three (3) previous equivalent billing periods not affected by the unseen leak.

No claims for subsequent leaks will be considered by Council.

 

3.2.6   Customers with Defective Meters

In accordance with the Local Government (General) Regulation 2005, if a water meter is found to be defective and not correctly measuring the quantity of water passing through it, Council may charge for the supply of water on the basis of a daily consumption equal to the average daily consumption during the corresponding meter reading period of the previous year, or previous three years, or similar basis.

In accordance with the Local Government (General) Regulation 2005, if a water meter is found to be defective and not correctly measuring the quantity of water passing through it, Council will charge for the supply of water on the following basis:

The water usage account will be determined by estimating the consumption for the period.

The water consumption will be estimated based on the average daily usage for the three previous years for the same consumption period.

If the water supply has been connected for less that three equivalent periods the estimate will be based on the number of periods available.

If any of the three periods has an extraordinarily high or low consumption, that period is to be substituted with the fourth period.

If the estimated consumption is less than the consumption recorded up to the malfunction, the final meter reading will be used to calculate the account for the period

In the event that a property owner considers the meter to be faulty or reading incorrectly they may request Council to carry out a meter test at their cost. The cost of the test is detailed in Council’s Management Plan.

Should the meter prove to be defective Council will reimburse the cost of the test, replace the meter and calculate the water usage as detailed above.


3.3      Billing