NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

24 September 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 - 24 September 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 - 10 September 2015............................................................................. 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 12

9.2     Shared Services............................................................................................................. 19

9.3     Election of Deputy Mayor 2015-2016............................................................................... 26

9.4     Committees of Management - Facilities and Events.......................................................... 30

9.5     Inquiry into economic development in Aboriginal communities.......................................... 33

9.6     E J Biffin Playing Fields - Settlement of Purchase and Classification of Land.................... 36

9.7     Notification of "Future Acts" under the Native Title Act 1993.............................................. 41

9.8     Fit for the Future - Joint Organisations Emerging Directions Paper.................................... 51

9.9     Koala Habitat Study and Vegetation Mapping -  Results and Recommendations................ 70

9.10   Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy    80

9.11   Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 2 September 2015 to 15 September 2015........................................ 116

9.12   Council Ranger's Report August 2015............................................................................ 119

9.13   Modification Application Assessment Report for DA2014/198......................................... 121

9.14   Extension of Existing Contract for Kerbside Waste Collection and Recycling................... 153

9.15   Year End Financial Result and Statements - 30 June 2015    ........................................... 159

9.16   Nambucca Waste Management Facility.......................................................................... 241

9.17   Local Government Grants Commission - Details of 2015-16 Grant Calculations and Submissions Relating to 2016/17 Grants............................................................................................ 246

10      Assistant General Manager Corporate Services Report

10.1   Financial Report – Statement By Councillors And Management – 30 June 2015................ 277

10.2   Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2015.................................................................................................................................... 285

10.3   Missabotti Community Centre Committee of Management AGM - 9 August 2015 - Minutes 287

11      Assistant General Manager Engineering Services Report

11.1   Proposed Pressure Sewerage for South Nambucca........................................................ 291

11.2   T191516MNC Tender for Supply, Delivery & Placement of Road Resurfacing. ................. 295

11.3   Quotation Q017/2015 - Preparation of Reports - Pacific Highway Assets Handover.......... 297    

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

12.1   T191516MNC Tender for Supply, Delivery & Placement of Road Resurfacing.

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

 

12.2   Quotation Q017/2015 - Preparation of Reports - Pacific Highway Assets Handover

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 10 September 2015

The following document is the minutes of the Ordinary Council meeting held 10 September 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 24 September 2015 and therefore subject to change.  Please refer to the minutes of 24 September 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

 

APOLOGIES

 

Scott Norman (AGM Corporate Services)

 

 

PRAYER

 

The Reverend Jilleen Chambers from the Anglican Church, Macksville offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest – Less Significant Interest in Item 9.4 Extension of Star Street Medical Centre – Request for Review of (Section 94) Developer Contributions for Water and Sewerage under the Local Government Act as Cr MacDonald is a patient at the Star Street Medical Centre.  Cr MacDonald remained in the meeting for this item.

 

Councillor E South declared a pecuniary interest – Less Significant Interest in Item 9.4 Extension of Star Street Medical Centre – Request for Review of (Section 94) Developer Contributions for Water and Sewerage under the Local Government Act as Cr South is a patient at the Star Street Medical Centre.  Cr South remained in the meeting for this item.

 

Councillor P Flack declared a pecuniary interest – Less Significant Interest in Item 9.4 Extension of Star Street Medical Centre – Request for Review of (Section 94) Developer Contributions for Water and Sewerage under the Local Government Act as Cr Flack works at the Macksville Hospital. Cr Flack remained in the meeting for this item.

 

Councillor J Ainsworth declared a pecuniary interest – Less Significant Interest in Item 9.4 Extension of Star Street Medical Centre – Request for Review of (Section 94) Developer Contributions for Water and Sewerage under the Local Government Act as Cr Ainsworth is a patient at the Star Street Medical Centre. Cr Ainsworth remained in the meeting for this item.

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 August 2015

 

1010/15 RESOLVED:       (Smyth/Flack)

 

That the minutes of the Ordinary Council Meeting of 27 August 2015 be confirmed.


 

 

DELEGATIONS

 

RECOMMENDATION

 

That the following delegation be heard by Dr Tony Adams in relation to Item 9.4 - DA2015/116 Extension of Star Street Medical Centre - Request for Review of (Section 64) Developer Contributions for Water and Sewerage.

 


 

ITEM 9.4      DA2015/116        100915      Extension of Star Street Medical Centre - Request for Review of (Section 64) Developer Contributions for Water and Sewerage

1011/15 RESOLVED:       (Ainsworth/South)

 

That Council determine to modify DA2015/116 by waiving the Section 64 water and sewer headworks contributions on the grounds that the extensions to the existing medical practice will provide the Macksville Hospital with an additional Visiting Medical Officer (VMO) and Anaesthetist and provide for a continuation of the existing GP training program.

 

For the Motion:                        Councillors South, Flack, Smyth, Ballangarry, Finlayson, Ainsworth, MacDonald, Hoban                            Total 8

Against the Motion:        Councillor Morrison                          Total 1

 

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                100915      Outstanding Actions and Reports

1012/15 RESOLVED:       (Ainsworth/MacDonald)

 

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

 

 


 


 

ITEM 9.2      SF1856              100915      Voting Arrangements for the Local Government NSW Annual Conference 2015

1013/15 RESOLVED:       (Flack/MacDonald)

 

1        That the Mayor be nominated as a voting delegate to the LG NSW Conference.

 

2        Should one or more other Councillors propose to attend the Conference that they advise the General Manager before 18 September 2015 with the first Councillor nominating being Council’s second voting delegate.

 


 

ITEM 9.3      SF1856              100915      Financial Assistance Grants (FAGS) to Local Government

1014/15 RESOLVED:       (Ainsworth/Flack)

 

1        That Council acknowledges the importance of Federal funding through the Financial Assistance Grants (FAGS) program for the continued delivery of Council’s services and infrastructure.

 

2        That Council acknowledges that it will receive $3,601,324 in Federal Financial Assistance Grants in 2015/16.

 

3        That Council will ensure that this Federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports.

 

4        That Council write to the Deputy Prime Minister and Minister for Infrastructure and Regional Development, the Hon Warren Truss MP, raising the issue of financial sustainability of Local Government, the importance of FAGs to Council’s budget and sustainability, and urging Minister Truss to support the restoration of the indexation of FAGs as soon as possible.

 

5        That LG NSW be advised of Council’s resolutions and actions.


Item 9.4 was dealt with earlier.


 

ITEM 9.5      SF722                100915      Funding of Council Staff under the Natural Disaster Relief and Recovery Arrangements (NDRRA)

1015/15 RESOLVED:       (Flack/South)

 

1        That Council enquire with Roads and Maritime Services or other appropriate State authority regarding the proposal which has been put by the Australian Government for the reform of the Natural Disaster Relief and Recovery Arrangements (NDRRA); whether local government has or will have the opportunity to provide any comment on the reform proposal and thirdly whether or not the offer of a temporary day labour exemption will be taken up.

 

2        That Council provide a copy of the Minister’s letter, this report and Council’s letter to the RMS to LG NSW for their information.


ITEM 9.6      SF2038              100915      Outstanding DA's greater than 12 months, applications where submissions received not determined from 19 August 2015 to 1 September 2015

1016/15 RESOLVED:       (MacDonald/Flack)

 

That the information be noted by Council.

 


 


 

ITEM 9.7      SF2038              100915      2015 August - Development and Complying Development - Applications Received

1017/15 RESOLVED:       (MacDonald/Ainsworth)

 

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

 


 

 

ITEM 9.8      SF2038              100915      2015 August - Construction And Complying Development - Certificates Approved

1018/15 RESOLVED:       (Ainsworth/MacDonald)

 

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

 


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2116              100915      Investment Report to 31 August 2015

1019/15 RESOLVED:       (MacDonald/South)

 

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

 

 

1020/15 Resolved:       (Ainsworth/MacDonald)

 

That there be a report regarding options to maximize returns on Council’s Invested Funds from Corporate Services and if Council requires a change in the Investment Portfolio to invite its Financial Advisors to address Council.

 


 

ITEM 10.2    SF251                100915      Schedule of Council Public Meetings

1021/15 RESOLVED:       (Flack/Ballangarry)

 

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

 


 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              100915      Capital Works Report - June 2015

1022/15 RESOLVED:       (Ainsworth/Flack)

 

1        That the Capital Works Report for the fourth quarter and end of the 2014/15 financial year ending 30 June 2015 be received and noted.

 

2        That the proposed variations as contained within the report be endorsed and included in the June 2015 budget review.

 

3        That the unexpended funds from the flood damage grant be revoted into the 2015/16 financial year to complete the works in July/August.

 

4        That the allocation of $135,000 for the Bellwood toilet block be revoted to 2015/16 financial year.

 

5        That an allocation from the quarry gravel royalty reserve of $222,000 be drawn from the reserve to supplement the allocation for the rehabilitation and realignment of pavement on Valla Road.

 

6        That the unexpended allocation of $168,000 within the Road Capital Works Renewal Program be revoted to 2015/16 financial year to fund the finalisation of sealing of the pavement works.

 

7        That the unexpended allocation of $85,000 within the Urban Street Rehabilitation be revoted to fund an urban street rehabilitation project in 2015/16 financial year.

 

8        That the unexpended allocation of $98,000 from the Reseal Programme for 2015/16 financial year be revoted to the 2015/16 financial year.

 

9        That the unexpended allocation of $196,000 from the Gumma Road project be revoted to the 2015/16 financial year to complete the project.

 

10      That the unexpended allocations of:

          a)       $29,000 emanating from savings on Purcells Bridge

          b)       $44,000 emanating from savings on Browns Crossing No.2 Bridge

          be placed into the bridge reserve.

 

11      That the unexpended allocation of $69,000 within the K&G fund be revoted towards funding

          a)       the Adin Street footpath at Scotts Head

          b)       Thompson Street Car Park at Valla Beach

          in 2015/16 financial year.

 

12      That the unexpended allocation of $49,000 from Gregory Street Car Park (Section 94 funding) be revoted to fund the Thompson Street Car Park at Valla Beach in the 2015/16 financial year.

 

13      That unexpended allocation of $158,000 from the Environmental levy be placed into a restricted reserve for street lighting pending the LED Street lighting upgrade and a future report be provided to Council once Essential Energy has determined the provider of the LED luminaires and a program for the upgrade within the Nambucca Local Government Area.

 

14      That the unexpended allocation of $22,000 within the Gravel Rural Roads Pavement Maintenance fund be revoted within the 2014/15 budget towards the sealing of a 250m section of pavement on William Hill Road between the existing bitumen and a dust seal constructed under private works.

 

15      That any unexpended funds within the 2014/15 Rural Fire Service Budget be placed onto the RFS reserve and used to assist in funding future over expenditures and or plant replacement and upgrades.

 

16      That the unexpended amount of $438,000 for plant replacement emanating from the Infrastructure Services restructure report be revoted to complete the purchases in 2015/16 financial year.

 


 

 

ITEM 11.2    SF2080              100915      Pacific Highway Transfer of Assets - Meeting 5 - Minutes

1023/15 RESOLVED:       (Smyth/Flack)

 

That Council receive and note the minutes emanating from the Warrell Creek to Urunga Pacific Highway Upgrade Transfer of Assets meeting held on the 10 August 2015.

 


   

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.37 pm. 

 

Confirmed and signed by the Mayor on 24 September 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                           24 September 2015

General Manager

ITEM 9.1      SF959              240915         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.

 

Council’s Strategic Planner is to organise a meeting of the Estuary Committee, probably on 10 September 2015, where the consultants will make a presentation in relation to engineering options to reduce floodplain risk – flood levies, home raising etc.

 

An Estuary Committee meeting has been arranged for 17 September 2015.

 

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.

 

Third media release planned for an update as of 30 June 2015.

 

AUGUST 2014

 

6

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

 

7

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

 

8

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

 

 

DECEMBER 2014

 

9

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.

 

 

10

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 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 has written 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.

 

The period for comment has now closed and the matter will be reported to Council in September 2015.

 

 

MARCH 2015

 

11

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 19/05/15

 

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

 

At the meeting on 24 June 2015, the Manager of Crown Lands at Grafton advised that the Minister had received the Council’s letter and that a response would be forthcoming.

 

A response has now been received from the Minister and this is attached to this report.

 

12

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 are 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.

 

Mayor and GM meeting with the Member for Oxley on 18 September 2015.

 

APRIL 2015

 

13

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.

 

Follow up letter sent 30 June 2015.

 

Following the letter from the Minister for Primary Industries the GM has telephoned Fisheries staff in Coffs Harbour seeking their attendance at a Council meeting.  The Fisheries staff member requested that they be provided with a list of the questions to be asked.  The GM has now written to the Fisheries office with a list of questions.  Letter sent 3 September 2015.

 

 

JUNE 2015

 

14

SF639

11/06/15

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

 

GM

Report August 2015

 

Deferred to September 2015 for reasons of work load.  Also Bellingen Shire Council has expressed an interest in opportunities for sharing ranger and companion animal pound services.

 

Meeting arranged with Bellingen Shire Council on 15 September 2015.

 

 

15

SF2049

25/06/15

Council make a submission to the Dept. of Primary Industry in relation to the proposed changes to the Fisheries Management Act 1994.

 

GM

Submission sent to Dept. on 26/6/15.

 

16

SF95

25/06/15

That the matter (suitability of Nose to Kerb Parking) be deferred for a presentation by the MTS and that the Chambers of Commerce be invited to the presentation.

 

AGMES

Report August 2015.

 

Briefing to be conducted prior to the first meeting in October 2015.

 

AUGUST 2015

 

17

PRF72

13/08/15

Council investigate opportunities to assist in the management of the (Kingsworth Lake) reserve and the matter be reported back to Council in 6 months.

 

GM

Report in February 2016

 

18

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

Letter to be drafted to appropriate Minister.

 

19

SF1031

27/08/15

That Council receive a report on the ability of Council to apply for a licence variation to capture a percentage of high flow water at the Bowra Dam for the life of the dam.

 

AGMES

Report in October 2015.

 

SEPTEMBER 2015

 

20

SF2116

10/09/15

That there be a report regarding options to maximise returns on Council’s Invested Funds from Corporate Services and if Council requires a change in the investment portfolio to invite its financial advisers to address Council.

 

AGMCS

Report in November 2015.

 

Attachments:

1

28619/2015 - Clint & Kellie Leckie- Response from Minister

 

 

 


Ordinary Council Meeting - 24 September 2015

Outstanding Actions and Reports

 


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.2      SF979              240915         Shared Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

In 2014 the Mid North Coast Regional Organisation of Councils (MIDROC) engaged consulting firm KPMG to undertake an investigation to identify optimal service delivery models for the MIDROC councils.  With a limited data set, KPMG identified the potential for a 10% saving in councils’ operating costs by councils working collaboratively across their boundaries through “shared service” endeavours.

 

Following the KPMG report, the General Managers of Bellingen, Nambucca, Kempsey and Gloucester councils have met on several occasions to continue a dialogue in relation to the potential opportunities which shared services might provide their respective councils.

 

At a meeting of the councils’ General Managers in Kempsey on 10 August, there was discussion concerning a draft Memorandum of Understanding (MoU) for further engagement in shared services.  Agreement was reached on the attached draft MoU as an overarching statement of intent and direction.

 

 

 

Recommendation:

 

1        The information concerning the draft Memorandum of Understanding for Shared Services be received.

 

2        That Councillors provide the General Manager with any comments in relation to the draft Memorandum of Understanding for Shared Services so that they may be considered in finalising the document for adoption by the respective councils.

 

3        There be a further report to Council on a Memorandum of Understanding for      the provision of shared services.

 

 

 

OPTIONS:

 

There are many potential options.

 

In the first instance there needs to be agreement to the principle that Councils will achieve efficiencies for their communities by working collaboratively with other councils in sharing some services.

 

 

DISCUSSION:

 

In 2014 the Mid North Coast Regional Organisation of Councils (MIDROC) engaged consulting firm KPMG to undertake an investigation to identify optimal service delivery models for the MIDROC councils.  With a limited data set, KPMG identified the potential for a 10% saving in councils’ operating costs by councils working collaboratively across their boundaries through “shared service” endeavours.

 

Following the KPMG report, the General Managers of Bellingen, Nambucca, Kempsey and Gloucester councils have met on several occasions to continue a dialogue in relation to the potential opportunities which shared services might provide their respective councils.

 

It is fair to say that the meetings have evidenced some differences between the councils in relation to their values, processes, capabilities and relative strengths and weaknesses.  However more importantly there is solid agreement to the principal that the councils will improve their efficiency by sharing a range of services.  In this forthcoming “Fit for the Future” period it will be important for councils, and particularly smaller councils, to demonstrate the efficiency improvements which could be achieved through using the same economies of scale which underpin much of the justification for Council amalgamations.

 

At a meeting of the councils’ General Managers in Kempsey on 10 August, there was discussion concerning a draft Memorandum of Understanding (MoU) for further engagement in shared services.  Agreement was reached on the attached draft MoU as an overarching statement of intent and direction.

 

Reaching agreement on an MoU is important as all of the councils are undertaking or are proposing to undertake reviews of their service delivery.  It is possible for some of those service reviews to be undertaken collaboratively and not only examine possibilities for efficiency/effectiveness gains within the Council but also across Councils.

 

Other associations of councils are also undertaking similar work.  A recent paper prepared by Percy Allan & Associates for North Shore Councils (document no. 25817/2015) has been circulated to Councillors for their information.  The paper is useful as it corroborates the findings of KPMG and provides similar direction to that proposed in the draft MoU.

 

Because of the need to undertake process review across Council boundaries and obtain agreement and approval to a governance structure, the implementation of shared services will be more akin to a “journey” than a single key performance indicator which will be completed within 2 years.  As with any journey there will be sectors which don’t go as well as others but a travel map is required to ensure that everybody is aware of both the starting point and destination.  At this preliminary stage the “travel map” or steps towards the achievement of shared services between the councils is envisaged as follows:

 

1          Development of draft Memorandum of Understanding (MoU)

2          Adoption of Memorandum of Understanding by each Council

3        Development of a draft constitution for the governance structure

4        Adoption of the constitution by each Council

5        Obtain approval of Minister for Local Government (under Section 358 of the Act) to the formation of a corporation or other entity which will be responsible for delivering the shared services to the respective councils

6        Undertake cross boundary service reviews to identify those services which would benefit from a shared services approach

 

The councils’ General Managers have agreed on five (5) service areas which they believe will provide benefits being:

 

·           Information Technology

·           Procurement

·           Fleet

·           Human Resources (including Work, Health and Safety)

·           Finance

 

These are seen as key services which will be required to underpin any provision of other shared services, so are seen as being necessary to review first to ensure that the organisations have the capacity to provide any other shared services where this is seen as advantageous.

 

 

CONSULTATION:

 

There has been consultation between the General Managers of Bellingen, Nambucca, Kempsey and Gloucester Councils.

 

In the first instance there will need to be consultation with the management staff of each Council.  These staff will be primarily responsible for identifying opportunities for efficiency gains and implementing the recommendations arising out of service reviews.

 

At the meeting on 10 August there was also a representative of Midcoast Water.  There should be consultation with other Mid North Coast Councils to ascertain their interest in being a party to the MoU.

 

There will need to be consultation with the Office of Local Government in relation to the creation of a governance entity, such as a corporation.

 

There will also need to be consultation with the Unions representing Council staff.  At the meeting on 10 August 2015, the position of the General Managers was that the Local Government Award apply to all staff of any corporation which may be formed by the councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are no immediate risks.

 

At a strategic level there are risks in doing nothing.  As the responsibility to opt in or out of a specific service provision will be determined in the first instance by the member councils, each Council will retain control over the services they elect to provide through a shared service model.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

If there is agreement to an MoU and an appropriate governance structure is created then there will be costs associated with the service delivery reviews to determine those functions which could be undertaken more efficiently through a collaborative/shared services model than by the Councils individually.  Much of this cost would still accrue to the Councils if they were to undertake service delivery reviews for their own administrations as a separate endeavour.

 

Given previous and current examples of shared services arrangements either failing or being hampered by the lack of a governance structure, Council should not be contributing any cash funding to the development of the model until the MoU is endorsed and the separate entity is created. Section 358 of the Local Government Act provides that a Council must not form or participate in the formation of a corporation or other entity, or acquire a controlling interest in a corporation or other entity, except with the consent of the Minister and subject to such conditions, if any, as the Minister may specify.  In applying for the Minister’s consent, the council is required to demonstrate, to the Minister’s satisfaction, that the formation of, or the acquisition of the controlling interest in, the corporation or entity is in the public interest.

 

Council should not consider contributing any cash funding to the development of the model until the MoU is endorsed and the separate entity is created.  This position has been put to the other General Managers.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage it is expected that there will be increased discussion by management of the respective councils but agreement will need to be reached as to an MoU and the creation of a governance structure before any major commitment of staff resources.

 

Attachments:

1

25826/2015 - Shared Services Draft Memorandum of Understanding

 

  


Ordinary Council Meeting - 24 September 2015

Shared Services

 

MEMORANDUM OF UNDERSTANDING

 

DATE:

 

PARTIES:

 

Bellingen Shire Council

Nambucca Shire Council

Kempsey Shire Council

Gloucester Shire Council

 

 

PURPOSE:

 

This Memorandum of Understanding relates to the intent of the Councils to collaboratively undertake service reviews and develop shared services for the purpose of improving the service delivery to the community by reducing the cost of service provision and better utilising the resources available.

 

 

OPERATIVE PART:

 

1       Definitions

 

Service Review refers to the process of reviewing the way in which a service, or component of a service is provided, to identify the best way to provide the service as well as to assessment of what services or service levels are to be provided to the community(ies).

 

Shared Services refers to two or more local government authorities jointly planning, employing staff, undertaking management, business and/or regulatory activities, delivering and/or maintaining infrastructure, or providing services to their communities.

 

 

2       Use of Shared Services to Reduce Operating Costs

 

2.1      The Councils acknowledge that by sharing a range of services they will improve their efficiency of service provision by tackling common tasks and by taking                            advantage of economies of scale.

 

2.2      The Councils acknowledge that their priority in undertaking shared services              will generally relate to services meeting one or more of the following criteria:

 

·    Are essential to support the development of a shared services platform

·    Are capable of providing improved efficiency or effectiveness outcomes in the shorter term

·    Provide the greatest value in improving service delivery to the community based on the following factors:

o Require high degree of expertise

o Largely self-contained

o Can realise economies of scale

o Non-strategic, low risk, rule based services

o High volume transaction processing, and

o Services requiring access to the latest technology

 

2.3      All services will be reviewed. This does not mean that all services will be provided through shared services, but all need to be assessed to identify opportunities to improve service provision.

 

2.4      The Councils acknowledge that their commitment to the use of shared services to reduce operating costs will require a willingness to cede a degree of local autonomy, albeit within a negotiated framework.

 

2.5      The Councils also acknowledge that for any shared services arrangement to succeed it will require:

 

·        Political and management commitment from each council

·        A commitment of funding or in-kind resources to investigate the opportunities for shared services and to establish a governance structure

·        Staff who are passionate in identifying and realising the potential economies of shared services

·        A willingness to invest time and energy into building relationships with staff from other councils

·        An effective governance framework which provides for equal rights in decision making and influence over the activities of shared services

 

3          Creation of a Governance Framework for Shared Services

 

3.1      The Councils acknowledge that the development of shared services arrangements between the councils will require the use of a separate entity in which each Council has equal say.

 

3.2      When agreement is reached amongst the Councils that a particular activity should be delivered via a shared services arrangement, then the Councils agree that the particular activity will be undertaken by the separate entity and not the constituent councils.

 

3.3      The entity is to be a corporate structure.

 

 

3.4      The board comprised of the General Manager who are the appointed representatives of the member councils to manage the shared service delivery.

3.5      The responsibility to opt in or out of a specific service provision is determined in the first instance by the member councils.

 

4          Allocation of funding

 

4.1      Initial funding of the model will be provided by:

 

Bellingen Shire Council: $50,000

 

Gloucester Council: $50,000

 

Kempsey Shire Council:

 

·    Staffing for positions of Head of Service Reviews, Program Manager, and Scheduling/Benefits Manager seconded from within existing staffing,

·    $210,000 in cash funding.

 

Nambucca Shire Council: $50,000

 

4.2      The Councils agree to the prioritisation of funding to the governance structure from savings gained through the shared service activities until such time as the shared entity become self funding.

 

4.3      The intent is to have all councils as equal equitable members of the entity.

 

4.4      The entity will be run on the basis of reducing cost to members and as such shall determine pricing to reflect the long term cost of service provision and not make profits for the purpose of dividends or distributions.

 

5          General Principles

 

5.1      The council agree that they shall enter into shared service provision where there are benefits shown to the community or where other members gain benefits and there is no disadvantage to the council.

 

5.2      There is no expectation that cross subsidisation will occur and cost attributed to members should as close as practicably reflect the cost of the service provision.

 

5.3      Decisions on service levels to the community to each council area remains with the member councils and the shared service entity role is to provide service to meet the agreed service standard.


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.3      SF830              240915         Election of Deputy Mayor 2015-2016

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

It is a requirement under the Local Government (Elections) Regulations 1998, Clause 124 that the annual election of a Deputy Mayor is to be in accordance with Schedule 3 of that Regulation.

 

 

Recommendation:

 

1        That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General manager as returning Officer for the election of Deputy Mayor.

 

3        That the election of Deputy Mayor proceeds.

 

4        That following the election, the Mayor declares Cr……..elected as Deputy Mayor for the term of office expiring in September 2015. 

 

5        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

 

 

OPTIONS:

 

There are options as to the method of election being open voting (show of hands); ordinary (secret) ballot or a preferential (secret) ballot.

 

 

DISCUSSION:

 

Schedule 3 provides that the General Manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.

 

Whilst a nomination form is included in this report, I appreciate that Councillors may not be able to print same.  For this reason I will have printed copies of the form available before the Council meeting.  I have also put a printed copy of the form in Councillors’ trays.

 

If only one Councillor is nominated, that Councillor is elected.  Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.  (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands).

 

Ordinary Ballot or Open Voting

 

The process for an ordinary ballot or open voting is as follows:

 

·           Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.

 

·           Where there are three or more candidates, the one with the lowest number of votes is excluded.

 

·           If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.

 

·           If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.

 

Where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot.  By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.

 

If the method of voting resolved by Council is by ordinary ballot or open voting the Part 2 of the Regulations apply (paragraph 20-2360 and onwards).

 

Preferential Ballot

 

The ballot papers are to contain the names of all the candidates.  The councillors are to mark their votes by placing the numbers “1”, “2”, and so on against the various names to indicate their order of preference for all the candidates.

 

If the candidate has an absolute majority of first preference votes, the candidate is elected.  If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with the second preferences on those ballot papers.  A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.

 

For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected.  If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidates whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.

 

Choosing by lot

 

The names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications for Council.

 

Source of fund and any variance to working funds

 

There are no financial implications for Council.

 

Service level changes and resourcing/staff implications

 

There are no service level or staffing implications.

 


NAMBUCCA SHIRE COUNCIL

 

 

 

 

NOMINATION

 

ELECTION OF DEPUTY MAYOR

 

24 SEPTEMBER 2015

 

PRINT IN CAPITALS

NAME OF COUNCILLORS

NOMINATED FOR ELECTION:           ………………………………………………….

 

 

 

SIGNATURE OF COUNCILLORS

CONSENTING TO NOMINATION:      …………………………………………………..

 

 

 

SIGNATURE OF COUNCILLOR

ENDORSING THE NOMINATION:      ………………………………………………….

 

 

 

 

 

 

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

AND

RETURNING OFFICER

 

 

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           24 September 2015

General Manager

ITEM 9.4      SF842              240915         Committees of Management - Facilities and Events

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has many Section 355 Committees managing Council facilities and also staging community events.  At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the Annual General Meeting (AGM) of each facility or event Committee of Management.  It may be pertinent that on occasions the General Manager’s delegate (usually an Assistant General Manager) attend the AGM.

 

It should be noted that:

 

a)       the North Macksville Playing Fields Committee of Management is now an active Committee again and is mainly used by the Soccer Club.

b)       the Macksville Senior Citizens Centre Committee of Management has retired and the facility bookings are now being administered by Council.

c)       Council sold the Nambucca Heads Senior Citizens Centre.

d)       Council has signed over the ownership of the Bowraville Folk Museum.

e)       there is no Committee of Management for Gumma Reserve (Boultons Crossing)

 

 

 

Recommendation:

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees.

 

 

 

DISCUSSION:

 

Councillors are, by virtue of their office (ex officio) entitled to attend all meetings of Committees of Council.

 

However, although Councillors may attend in an ex officio capacity they do not necessarily have a right to vote.  That right to vote attaches to the appointment as a representative or member or delegate as appropriate.

 

At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the AGM of each facility or event Committee of Management.  It may be pertinent that on occasions the General Manager’s delegate (usually an Assistant General Manager) attend the AGM.  The roster is as follows:

 

 

COMMITTEE OF MANAGEMENT

ROSTER FOR AGM ATTENDANCE

Argents Hill Hall

Cr Paula Flack

Australia Day

General Manager

Bowraville Sports Ground

(aka Hennessy Tape Oval)

Cr Ballangarry

Burrapine Public Hall

General Manager

Coronation Park

Cr Anne Smyth

Crosswinds Wetland Nature Reserve

Cr Kim MacDonald

Donnelly-Welsh Playing Fields

Cr Ainsworth

EJ Biffin Playing

Cr Rhonda Hoban (Mayor)

Eungai District Memorial Hall

General Manager

Gordon Park Rainforest

Cr Anne Smyth

Gordon Park Tennis Centre

Cr Anne Smyth

Grants Hall

Cr Martin Ballangarry OAM

Macksville Gift

Cr Kim MacDonald

Macksville Park and Sports

Assistant General Manager Engineering Services

Macksville Tennis Courts

Assistant General Manager Engineering Services

Missabotti Community Centre

Cr Paula Flack

Nambucca District Band

Cr Martin Ballangarry OAM

Nambucca District Historical Society Museum

Cr Anne Smyth

Nambucca Community and Arts Centre

(formerly Nambucca Entertainment Centre)

Cr Bob Morrison

North Macksville Playing Fields & Soccer Club

General Manager

Scotts Head Events Committee

Assistant General Manager Corporate Services

Scotts Head Sports Field

Assistant General Manager Corporate Services

Scotts Head Tennis Courts

Assistant General Manager Corporate Services

South Arm Hall

Cr Martin Ballangarry OAM

Talarm Hall and Welsh Pioneer Park

Cr Brian Finlayson

Taylors Arm Hall

Cr Elaine South

Taylors Arm Sports Reserve

Cr Elaine South

Tewinga  Community Centre

Cr Bob Morrison

Unkya Reserve

General Manager

Valla Beach Tennis Club

Cr Hoban

Valla Beach Community Association

Cr Hoban

Valla Public Hall

Cr Hoban

Warrell Creek Public Hall

General Manager

 

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no impact on the environment.

 

Social

 

This report has no social impacts.

 

Economic

 

This report has no economic impacts.

 

Risk

 

There are no risks associated with this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect financial impacts.

 

Source of fund and any variance to working funds

 

There are no variances to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or staffing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.5      SF770              240915         Inquiry into economic development in Aboriginal communities

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Legislative Council’s Standing Committee on State Development is currently conducting an inquiry into economic development in Aboriginal communities.  The proposed thesis for Council’s submission to the Standing Committee’s Inquiry is that the existing network of Local Aboriginal Land Councils should be encouraged and mentored to undertake further economic development, particularly to secure an on-going return from some of the land they own or control.

 

 

Recommendation:

 

That Council forward a submission to the Inquiry into Economic Development in Aboriginal Communities proposing that the existing network of Local Aboriginal Land Councils be encouraged and mentored to undertake further economic development, and particularly to secure an on-going return from some of the land they own or control.

 

 

OPTIONS:

 

Council can choose not to make a submission to the Inquiry.  If Council does choose to make a submission the nature of its submission is at the discretion of Council.

 

DISCUSSION:

 

The NSW Legislative Council’s Standing Committee on State Development is currently conducting an inquiry into economic development in Aboriginal communities.  The terms of reference for the inquiry are as follows:

 

1.       That the Standing Committee on State Development inquire into and report on strategies to support     economic development in Aboriginal communities in NSW, including but not limited to:

          (a)      options for sustainability and capacity building of NSW Aboriginal communities into the future,            utilising existing community networks and structures

          (b)      leveraging economic development support, including provided by the Commonwealth                          Government and the private sector

          (c)      establishment and sustainability of Aboriginal owned enterprises

 

2.       That the committee report by 30 September 2016

 

The Committee has invited Council to make a submission to the inquiry with the closing date for submissions being Sunday 11 October 2015.

 

The recently published report by the Productivity Commission on Overcoming Indigenous Disadvantage:  Key Indicators 2014 measures the wellbeing of Aboriginal and Torres Strait Islander Australians at a national scale.

 

The report found that outcomes have improved in a number of areas including a narrowing of the gap in life expectancy; a reduction in mortality rates for children; an increase in the proportion of 20-24 year olds completing year 12; and an increase in the proportion of adults whose main income was from employment having increased from 32 percent in 2002 to 41 percent in 2012-13.  However there has been little change or a worsening in other indicators including virtually no change in the proportion of students achieving national minimum standards for read, writing and numeracy; relatively high rates of family and community violence; little change in alcohol and substance use and harm over time; and an increase in imprisonment rates.

 

It is plain that there are no simple “quick fix” solutions to turning around the levels of disadvantage that have been many generations in the making.  Ultimately solutions must be found across a broad range of social and economic indicators including education, health and well-being, housing, law and justice and in communities.  Another important indicator which is relevant to the Standing Committee’s inquiry is employment derived from economic development in Aboriginal communities.

 

One element to reducing the unacceptably high unemployment rate for Aboriginal and Torres Strait Islander people is for an increase in sustainable employment generation across the range of occupations, including professional and managerial positions across industries.

 

Whilst not exclusively the case, to date the experience of the Nambucca Valley has often been of employment opportunities focussed on well meaning, short term Federal funded schemes which have neither been sustained nor integrated with existing Aboriginal community networks and structures.  In some examples the management of these short term employment opportunities has remained with non-indigenous people.  Whilst these schemes have provided employment opportunities they have not provided capacity building for our local Aboriginal community nor sustainable economic enterprise.

 

In terms of sustainability it is important that Aboriginal people identify and implement economic development opportunities themselves.  In this respect many existing Local Aboriginal Land Councils, including those from the Nambucca Valley, already undertake some economic development initiatives.  Some of these are also associated with education and training which provides a double benefit in responding to not one, but two key indicators of disadvantage being employment and education/training.

 

It should also be acknowledged that there are many Aboriginal people in the Nambucca Valley who have initiated their own enterprises particularly in the creative industries but also increasingly in other industries.

 

The proposed thesis for Council’s submission to the Standing Committee’s Inquiry is that the existing network of Local Aboriginal Land Councils should be encouraged and mentored to undertake further economic development, particularly to secure an on-going return from some of the land they own or control.  The returns from such investment could then be invested by the Land Councils themselves in supporting other key indicators such as education and training or health and well-being.

 

CONSULTATION:

 

There has been consultation with the CEO’s of the three Local Aboriginal Land Councils in the Nambucca Valley as well as Council’s Manager Business Development and Council’s community development staff.

 

Ms Louise Robinson, CEO of the Nambucca Heads Local Aboriginal Land Council has provided the following comments.

 

“NSW Parliament has to give more standing to the LALC’s within communities. The legislative and NSWALC requirements demanded of LALC’s in any region show that these community hubs are well run and transparent places from which to launch programs and initiatives for the whole community. Capacity of LALC CEO’s and boards continues to increase with outstanding accomplishments over the past 12 months as seen at the State Conference in Cessnock in 2015. 

 

The Land Council network on the East Coast of Australia is asset rich (land) and Cash poor. Inland land available to claim is less; and the value of that land is negligible in some cases. Leveraging Land for Commercial Ventures requires LALC’s to have ROI percentages higher than banking institutions require to meet the NSWALC requirements. Land is not often sold as the membership are reluctant to get rid of lands that have been hard fought for. Capital Investment or Economic Development Start Up Contributions are what is needed. It is all very well to have a successful set of businesses if you start off with a good asset base or bank balance. The Aboriginal Community start with nothing and have to write grants competing against large multinational companies with professional grant writers. These grant writers stretch the truth and win the largest grants which should provide state or regional services but which inevitably leave out large sections of community. Grass roots programs are far more appropriate and can be run successfully. Funding must be ongoing based on results and not one off. No one can produce good sustainable business within one year if you do not have enough money or your employees have little capacity. 

 

Economic Development can be achieved in all Land Council areas with a focus on Culture. This in turn would impact on Tourism within NSW. Together relationships with Tourism NSW and other areas would see small tourist businesses being able to expand and diversify with ongoing funding and support.”

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

There is obviously a linkage between the key indicators of disadvantage as reported by the Productivity Commission.  To the extent that economic development outcomes can be improved there should also be positive impact on other measures of well-being such as health, education, employment etc.

 

Economic

 

The Inquiry is concerned with strategies to support and improve economic development outcomes for Aboriginal communities.

 

Risk

 

The risk concerns achieving the highest rate of return from government expenditure.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on Council 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 service level or resourcing implications for Council.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.6      PRF16              240915         E J Biffin Playing Fields - Settlement of Purchase and Classification of Land

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The construction of the HealthOne facility has now been completed and the land has been transferred to the Local Health District.  Council has also been paid $90,000 for the land.  The report concerns the arrangements for the dispersal of the proceeds obtained from the sale and also the classification of the new lots pursuant to the Local Government Act.

 

 

Recommendation:

 

1        That Council note the information concerning the settlement of the sale of land for the HealthOne Facility and the arrangements which are being made for the funding of projects at E J Biffin Fields and the presentation of a cheque to the Nambucca Valley Cancer Support Group Inc.

 

2        That Council classify Lot 222 DP 1210269, Fred Brain Avenue, Nambucca Heads as Operational Land.

 

3        That Council classify Lot 223 DP 1210269 as Community Land, category Sportsground

 

 

OPTIONS:

 

Council has already made commitments in relation to the expenditure of the proceeds from the sale of the land.  Council does have the option of classifying Lot 222 community land notwithstanding its previous classification as community land.  Continuing the operational classification of Lot 222 provides the most flexibility for Council in that the land can continue to be used as part of the sporting complex or consideration could be given to a lease or transfer of the land in the future.

 

DISCUSSION:

 

Settlement of Purchase

 

Council approved the sale of land to the Mid North Coast Local Area Health District for a HealthOne facility on part of land previously leased to a private operator for use as tennis courts in Fred Brain Avenue, Nambucca Heads.  The construction of the HealthOne facility has now been completed and the land has been transferred to the Local Health District.  Council has also been paid $90,000 for the land.  It was previously resolved on 27 March 2014 that:

 

“1       That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

 

2        That following settlement, Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community.

 

3        That the $55,000 less valuation expenses be allocated to the work identified on the EJ Biffin Playing       Fields master plan.”

 

The E J Biffin Fields Committee of Management has been advised of the settlement.  In anticipation of the settlement the Council advanced $3,471 in October 2014 for the purchase of a PA system and facilities for the kitchen.  The Committee has advised that it intends to convene a meeting to put to Council a proposal for the expenditure of the funds as per the resolution of 27 March 2014.  The General Manager has advised the Committee that if they are provided with the funds then they will need to acquit their expenditure on the agreed work.

 

Arrangements are being made for a representative of the Nambucca Valley Cancer Support Group Inc. to be invited to a future meeting to be presented with their cheque for $35,000.

 

Classification of Land

 

Section 31 of the Local Government Act 1993 provides that before a council acquires land, or within 3 months after it acquires land, a council may resolve that the land be classified as community land or operational land.  Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.  Subsection (3) provides that a council must not resolve under this section that land be classified as operational land if the land is classified as community land immediately before its acquisition.

 

A plan showing the existing lot configuration before the transfer for the HealthOne facility is attached.  Also attached is the plan showing the new lot configuration.  The HealthOne facility is located on Lot 221 DP 1210269 which is mainly comprised of the previous Lot 22 DP 1161807.

 

Given the resubdivision of the land and the issue of new titles it is recommended that Council reconsider its classification, noting the provisions of Section 31(3) of the Local Government Act that a council must not resolve under this section that land be classified as operational land if the land is classified as community land immediately before its acquisition.

 

The previous Lot 22 DP 1161807 was classified as operational land as a consequence of its lease to a private operator for tennis courts.  It is proposed that the new lot 222 DP 1210269 being the balance of the former Lot 22 continue with an operational land classification.

 

It is proposed that the new lot 223 DP 1210269 which was previously Lot 1 DP 1004209 and which had a community land classification continue as community land.  This lot comprises the land which people would regard as comprising the E J Biffin Playing Fields.

 

 

CONSULTATION:

 

There has been consultation with the E J Biffin Fields Committee of Management and also with the Nambucca Valley Cancer Support Group Inc.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

The proceeds from the sale of the land for the HealthOne Facility will provide significant financial support for cancer support services in the Nambucca Valley and also for the operations of the E J Biffin Fields sporting complex.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The major risk relates to ensuring the proceeds from the sale of the land are properly acquitted for their intended purpose.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing implications.

 

Attachments:

1

28194/2015 - E J Biffin Fields DP (pre HealthOne)

 

2

28097/2015 - Plan of New Subdivision - DP 1210269

 

  


Ordinary Council Meeting - 24 September 2015

E J Biffin Playing Fields - Settlement of Purchase and Classification of Land

 


Ordinary Council Meeting - 24 September 2015

E J Biffin Playing Fields - Settlement of Purchase and Classification of Land

 


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.7      SF621              240915         Notification of "Future Acts" under the Native Title Act 1993

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has responsibilities for notifying “future acts” under the Native Title Act 1993.  Future acts generally include public facilities and works constructed on Crown Land including the erection of amenities, the construction of car parks, jettys, board walks, ramps etc.  For example the recommendations of Council’s Nambucca River Master Plan are “future acts” pursuant to the legislation.  It is recommended that Council’s standard reporting form for Part 5 assessments be amended to ensure that notification of “future acts” occurs.

 

 

Recommendation:

 

1        Council note the requirement for notification of “future acts” under the Native Title Act 1993.

 

2        That Council amend its “pro-forma” for Part 5 assessments under the Environmental Planning and Assessment Act to include consideration of the requirement to notify NTSCORP of “future acts” under the Native Title Act and particularly under Section 24KA.

 

 

OPTIONS:

 

There are no real options.  The Council has to comply with the law.

 

 

DISCUSSION:

 

On 24 August 2015, Council’s General Manager and Strategic Planner met with representatives of the National Native Title Tribunal and also a Senior Solicitor from NTSCORP which represents the Wangaan Corporation (the corporation set up to hold and manage the native title), the Gumbaynggirr People in relation to another claim and the Gumbaynggirr People in relation to other claims to be filed over Gumbaynggirr Country.  At the meeting the National Native Title Tribunal provided information about the responsibilities of local government authorities for complying with the notice provisions for proposed future acts over Crown land or waters where native title may exist.

 

NTSCORP have now provided follow up correspondence to Council in relation to its legal responsibilities.  A copy of their correspondence is attached.

 

The Native Title Act 1993 was created to:

 

·           Recognise and protect native title;

·           Establish a mechanism for determining claims to native title;

·           Establish ways in which future dealings affecting native title rights can proceed; and

·           Validate past acts that affected native title rights.

 

Under Section 223 of the Act, Native title means the communal, group or individual rights and interests of Aboriginal peoples in relation to land or waters, where

 

(a)      the rights and interests are possessed under the traditional laws acknowledged, and the traditional       customs observed, by the Aboriginal peoples; and

 

(b)      the Aboriginal peoples, by those laws and customs, have a connection with the land or waters; and

 

(c)      the rights and interests are recognised by the common law of Australia.

 

The Native Title Act defines a future act as:

 

·           An activity that affects native title in relation to land or waters to any extent (Section 233)

·           Acts that do not affect native title are not future acts (Section 24AA(1))

·           An act affects native title if it extinguishes the native title rights and interests or if it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise (Section 227) eg, acquisition of land, granting of mining license

 

If Council were to undertake “future acts” without following the processes laid out in the Act, Native Title claimants could undertake legal action and seek compensation as a consequence of denying their procedural rights.

 

A future act has three essential characteristics.  The act or activity:

 

·           Must occur on or after 1 January 1994 for non-legislative future acts or 1 July 1993 for legislative future acts

 

·           Must affect an area where native title exists or may exist and

 

·           Must affect (extinguish, impair, or in some way limit) the continued existence or enjoyment of native title

 

The future act provisions of the Native Title Act provide the native title holders and registered native title claimants with certain procedural rights.  This means that they have certain rights that should be afforded as part of the procedures that are to be followed when it is proposed to do a future act.  Depending on the act involved, these rights include:

 

·           The right to be notified and

·           The opportunity to comment or

·           The right to be consulted or

·           The right to negotiate or

·           The right to object or

·           The same rights as an ordinary title holder (freeholder)

 

By way of example any acts which Council proposes in relation to Crown Land which it manages by way of legislative changes, declaration of reserves, creation of plans of management for reserves, clearing native vegetation, exploration, mining prospecting, building public infrastructure, tourist resorts and issuing water licences all entail at a minimum a right to be notified.

 

Or particular relevance to Council is the provisions of Section 24KA of the Native Title Act which provides as follows:

 

24KA Facilities for services to the public

 

(1)      This Subdivision applies to a future act if:

 

(a)      it relates, to any extent, to an onshore place; and

(b)      it either:

 

          (i)       permits or requires the construction, operation, use, maintenance or repair, by or on behalf of                  any person, of any of the things listed in subsection (2) that is to be operated, or is operated,               or the general public; or

 

          (ii)      consists of the construction, operation, use, maintenance or repair, by or on behalf of the                       Crown, or a local government body or other statutory authority of the Crown, in any of its                              capabilities, or any of the things listed in subsection (2) that is to be operated, or is operated,                 for the general public; and

 

(c)      it does not prevent native title holders in relation to land or waters on which the thing is located or to        be located from having reasonable access to such land or waters in the vicinity of the thing, except:

 

          (i)       while the thing is being constructed, or

          (ii)      for reasons of health and safety; and

 

(d)      a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or         protection of areas, or sites, that may be:

 

          (i)       in the area in which the act is done; and

          (ii)      of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with           their traditions….

 

(2)      For the purposes of paragraph (1)(b), the things are as follows:

 

          (a)      a road, railway, bridge or other transport facility (other than an airport or port);

          (b)      a jetty or wharf;

          (c)      a navigation marker or other navigation facility;

          (d)      an electricity transmission or distribution facility;

          (e)      lighting of streets or other public places;

          (f)       a gas transmission or distribution facility;

          (g)      a well, or a bore, for obtaining water;

          (h)      a pipeline or other water supply or reticulation facility

          (i)       a drainage facility, or a levee or other device for management of water flows;

          (j)       an irrigation channel or other irrigation facility;

          (k)      a sewerage facility, other than a treatment facility;

          (l)       a cable, antenna, tower or other communication facility

          (la)     an automatic weather station

          (m)     any other thing that is similar to any one or more of the things mentioned in the paragraphs           above….

 

The provisions of the Native Title Act in relation to future acts are of particular significance to the mainly grant funded work which Council is undertaken as part of the implementation of the Nambucca River Master Plan.  Works on Crown Land including amenity buildings, riparian plantings, car park construction, jetty installation etc all require notification under the provisions of Section 24KA.

 

Any future proposal for maintenance dredging of the lower estuary will also require notification.

 

Most of the Council work affected by the Native Title Act is that work requiring a Part 5 approval under the Environmental Planning and Assessment Act, ie does not require development consent but where there is still a duty to consider environmental impact.  The Council utilises “pro-forma” assessment forms in documenting Part 5 works.  It will be necessary to amend the Council’s “pro-forma” assessment form to include a consideration concerning compliance with the notice requirements under the Native Title Act 1993.

 

 

CONSULTATION:

 

There has been consultation with the National Native Title Tribunal and also a solicitor from NTSCORP who represents the Gumbaynggirr People in Native Title claims.

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Concern was expressed that the lengthy process required for Native Title determinations may prejudice many longstanding and unresolved Aboriginal Land Claims under NSW legislation.  The advice of the NTSCORP solicitor is that Native Title and Aboriginal Land Claims under the NSW legislation can occur in parallel.  Presumably this means that a determination under an Aboriginal Land Claim in favour of a particular Local Aboriginal Land Council may be subsequently overturned in favour of the Native Title claimants.  With respect, it is difficult to contemplate the State making a determination which might be contrary to the outcome of the Native Title legislation.

 

Economic

 

The process for the determination of Aboriginal Land Claims as well as Native Title determinations is far too slow.  There are approximately 30 unresolved Aboriginal Land Claims in the Nambucca Valley, many of which have remained unresolved for more than a decade.  The process for determining the Native Title claim which created the Gaagal Wanggaan National Park also took about 15 years to complete.

 

The delays in determining such claims deny economic opportunities for Aboriginal people.  They also create uncertainty for licence and lease holders of Crown Land.

 

Risk

 

The major risk seems to relate to the relationship between Native Title claims under Federal legislation and Aboriginal Land Claims under NSW legislation.  The Council has to work within the legislation.

 

 

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 significant service level implications.

 

Attachments:

1

27991/2015 - Native Title Rights

 

  


Ordinary Council Meeting - 24 September 2015

Notification of "Future Acts" under the Native Title Act 1993

 







Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.8      SF42                240915         Fit for the Future - Joint Organisations Emerging Directions Paper

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Minister for Local Government, the Hon Paul Toole MP has released a report on the future direction of Joint Organisations (JO’s).  The report expresses concerns with the likely operating costs of a JO and their governance model.  The report restates Council’s previous concern that a JO for the Mid North Coast should be focussed on providing opportunities to increase efficiency and improve financial sustainability.

 

 

Recommendation:

 

That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

 

OPTIONS:

 

Council can choose whether or not to make a submission to the Office of Local Government in response to the Joint Organisations Emerging Directions Paper.

 

The issues raised in any submission are a matter for

 

DISCUSSION:

 

The Minister for Local Government, the Hon Paul Toole MP has released a report on the future direction of Joint Organisations.  The report is attached.

 

The Ministerial Circular which accompanied the release of the Emerging Directions Paper states as follows:

 

“Joint Organisations are central to local government reform in regional NSW and an opportunity for councils to play a more active role in their region and work in new ways with each other and the State.

 

Currently five pilot Joint Organisations are being trialled in Central NSW, the Hunter, Illawarra, Namoi and Riverina regions to tackle the issues that matter to regional communities – jobs, transport, water and tourism.

 

To mark the halfway mark of the trial, an Emerging Directions Paper has been released which outlines thinking on the key components of the JO model – the purpose, functions, governance and resource needs.

 

Successful Joint Organisations will bring more economic and social opportunities to regional areas so it is important to continue to work together to get this key part of Fit for the Future right….

 

How to make a submission

 

·      Submissions are to be sent to the Joint Organisations Emerging Directions email address: jointorganisations@olg.nsw.gov.au

·      The closing date for submissions is 5.00pm, Friday 16 October 2015

 

This important next step gives the many councils across NSW with a keen interest in JOs the opportunity to help shape the model that will bring real benefits to their communities.”

 

Part A:  Purpose, Principles and Core Functions

 

As expected, the Emerging Directions Paper proposes that Joint Organisations be provided with legal status and be enabled through the Local Government Act.  As legal entities JO’s would be able to employ staff, manage contracts and undertake regulatory functions, if and as directed by member councils.  The Paper says they will not be a fourth tier of government, but as a legislated entity undertaking functions at a regional level it is difficult to avoid this label.

 

Whilst the three core functions of the JO’s remain being:

 

·      Regional strategic planning and priority setting;

·      Intergovernmental collaboration; and

·      Regional leadership and advocacy

 

the Emerging Directions Paper seems more predisposed to JO’s undertaking additional functions.

 

“Joint Organisations may choose to undertake core functions only.  As these functions are unlikely to require significant cost or pose significant financial or governance risks, they may be undertaken by a relatively small, structurally “lean” Joint Organisation.  However, it is important to ensure that the Joint Organisation is not prevented from undertaking larger projects to carry out their core functions, such as infrastructure projects, if appropriate …

 

Regionally defined functions, or optional non-core functions, may be broadly operational and give practical effect to strategic decisions that the Joint Organisations make.  These functions may include strategic capacity building and service delivery.”

 

The Emerging Directions Paper is silent as to how the defined core functions will operate in tandem with the functions of the constituent councils.  For example, will the JO core function of inter-governmental collaboration exclude the individual councils from also undertaking this function?  If the JO is not a fourth tier of government you would not expect such functions to be the exclusive preserve of the JO.  But in practical terms what if one or more of the JO Councils makes representations or undertake actions which are inconsistent with a decision of their JO?  This issue pertains to all of the JO’s core functions.

 

The position of this Council has been that the purpose of JO’s should be principally focussed on providing opportunities to increase efficiency and improve our financial sustainability.  The overwhelming issue for Mid North Coast Councils is financial sustainability but the JO’s nominated core functions do not directly respond to this priority.  With reference to the other report in this business paper concerning Shared Services which does directly address efficiency and capacity, an emerging issue may be whether or not the Office of Local Government will support the creation of corporate entities between Councils not in the same JO.

 

The Emerging Directions Paper refers to the creation of “Joint Organisation formed entities or subsidiaries and states, “the advantages of these … are that they keep the core Joint Organisation relatively lean, focussed on policy setting and at “arm’s length” from significant service and asset management and risk”.  Whilst it’s not clear what functions these entities or subsidiaries might undertake, or why they need to be at “arm’s length” necessitating a separate governance structure, they may be a vehicle to deliver shared services such as the Coffs Coast Waste Service.  If so, it begs the question as to how they might be delivered in the context of a JO if the arrangement does not involve all of the councils in a JO or potentially councils from different JO’s.

 

Part B:  Entity and Powers

 

It is agreed that the preferred option should be a Body Corporate in the Local Government Act (Enabling) as being the most enabling and flexible option for the operations of a JO.

 

Part C:  Governance and Accountability

 

This section has some interesting principles.

 

Under the Local Government Act 1993, Councillors already have potentially conflicting roles as a member of a governing body and as an elected person.  The Emerging Directions Paper proposes to add a third potentially conflicting role being that the Councillors participating in a Joint Organisation must have a “regional hat” on.  It is difficult to accept that Councillors will approach their role on the JO free from any allegiance or loyalty to their other roles as a member of a Council governing body and as an elected person.

 

This issue has further ramifications in that it is proposed that the Joint Organisation Board comprise one representative from each full member council.  This means a council such as Coffs Harbour City Council with 72,000 residents will have the same representation on a JO as Bellingen Shire Council with 13,000 residents.  This is fundamentally undemocratic and is unlikely to be sustainable if the larger Council believes the JO is not acting in its best interests.  It may be that a JO does not challenge the parochial interests of individual councils over the region, but this may imply the JO as being relatively ineffectual in achieving its core functions.

 

The requirement to have a majority vote of 75% with the Chair having no casting vote may also hamper effective and timely decision making.  In terms of decision with no casting vote for the Chair it would be preferable that JO’s have an odd number of members but this may not always be possible.

 

The Emerging Directions Paper proposes that Joint Organisations be required to employ an Executive Officer, with the equivalent capabilities and at an equivalent level to a General Manager, senior staff member in a council or a Department of Premier and Cabinet Regional Co-ordinator.  This means a remuneration package with on costs upwards of $200,000 per annum.  With say a minimalist model comprising three support staff the employment costs alone for a JO will be upwards of $500,000 per annum.  This compares with this Council’s current contribution of $12,000 to the Mid North Coast Regional Organisation of Councils and $28,000 to Local Government NSW.

 

The only reference the Emerging Directions Paper makes to resourcing is a comment that members will fund ongoing administration and regional priorities from available sources, most likely based on contributions from member councils using a “locally negotiated formula”.  With member councils proposed to have equal voting rights, larger councils may not be supportive of a per capita based funding model. 

 

 

CONSULTATION:

 

There have been discussions and email exchanges with other General Managers of Mid North Coast Councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

The major risk identified in the report is the possible creation of a costly and ineffective additional (4th tier) of government. 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposals in the Emerging Directions Paper regarding for the staffing and operations of Joint Organisations is very concerning for the financial sustainability of Mid North Coast Councils.  Notwithstanding that all of the Councils on the Mid North Coast have real issues with financial sustainability, the JO’s are not focussed on providing opportunities to increase efficiency and improve financial sustainability.  Instead it seems they will impose significant additional costs on Council.  The actual cost will depend on the “locally negotiated formula”.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no impact on service levels and resourcing.  If the Council is obliged to make a significant financial commitment to the JO then consideration will need to be given to reducing service levels in other aspects of Council’s operations.  The proposed core functions being regional strategic planning and priority setting; intergovernmental collaboration; and regional leadership and advocacy are not undertaken by any existing staffing position.  In fact it would be the Mayor and General Manager who currently commit most time to these functions.

 

Attachments:

1

28890/2015 - Joint Organisations - Emerging Directions Paper

 

  


Ordinary Council Meeting - 24 September 2015

Fit for the Future - Joint Organisations Emerging Directions Paper

 
















Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.9      SF1804            240915         Koala Habitat Study and Vegetation Mapping -  Results and Recommendations

 

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

 

Summary:

 

The purpose of this report is to provide Council with the results of the Koala Habitat Study and Vegetation Mapping undertaken in the Nambucca Shire over the last 12 months it also provides Council recommended actions.

 

 

Recommendation:

 

1.       Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council commence the preparation of the Comprehensive Koala Plan of Management for the Coastal Part of the shire.

 

2.       Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council arrange further surveys (both community and field) and data analysis in the precincts 2 and 3 to better understand and document the distribution and status of any koala populations in these areas.

 

3.       Council work with landholders, government agencies and departments and the community to promote the protection and management all Primary, Secondary A and Secondary B koala habitat mapped in this study.

4.       The areas mapped as ‘Core Koala Habitat’ within the meaning of State Environmental Planning Policy 44 – Koala Habitat Protection should be a key focus for council in promoting koala habitat protection, threats management, habitat regeneration and corridor establishment, including seeking landholder support through targeted awareness, education and funding opportunities.

5.       That Council develop a register of landholders interested in environmental management and/ or improvements on private land in the shire to assist in the development of future grant applications. A call for expressions of interest be added to the next rates notice.

 

OPTIONS:

 

Council may choose not to endorse one or more of the recommendations

 

 

DISCUSSION:

 

On the 29 May 2013 Council resolved to accept funding offers from the Office of Environment and Heritage with a small commitment from Councils Environmental Levy to undertake Vegetation mapping for a koala habitat survey for part of the shire.

 

The Office of Environment and Heritage (OEH) has provided  $70,000 to Nambucca Council to undertake CLASS 5 vegetation mapping of the coastal part of the Nambucca Local Government Area (LGA) not previously mapped as an endangered ecological community.  This vegetation mapping of plant community types will be of significant benefit to council and the community in all aspects of strategic planning and land management and across the LGA.  This work has been completed.

 

Additionally under the state government’s Saving Our Species koala ‘iconics’ funding, OEH has committed $50,000 in funding for koala habitat mapping and reporting in the LGA.  Councils Environmental Levy has committed $10,000 along with some in-kind support to these projects which are now complete. The document is included in full as [attachment 1]

 

Below is an extract from the document being the executive summary:

 

The Nambucca Shire Local Government Area (LGA) is located on the Mid North Coast of New South Wales, midway between Sydney and Brisbane. The LGA covers an area of approximately 1,491 km² from the coastline to the Great Eastern Ranges escarpment.

 

The study area covered by this report comprises some 36,301ha generally east of Great Eastern Range out to the coastline (refer Map 1). Within this area national parks and nature reserves comprise 2,412ha (7%), state forests 3,028ha (8%), Crown reserve or leasehold land 710ha (2%) and 28,645ha (79%) is privately owned lands. This study undertook both an assessment of all available koala records across all land tenures, and a systematic field-based assessment across private lands.

 

The study aimed to examine the historic and recent koala distribution through an analysis of koala records in the NSW Wildlife Atlas and field based surveys. Some 498 koala records were used to analyse trends in distribution and persistence over time. Surveys were undertaken at 126 sites across the study area of which 15 recorded koala activity. Opportunistic searches identified an additional four active sites. An assessment of key threats on koalas in this area was also undertaken. The results, outcomes and recommendation of this study are intended to inform Nambucca Shire Councils regional and strategic planning and may contribute to the preparation of a Comprehensive Koala Plan of Management for the coastal area of the LGA.

 

Nambucca LGA contains the historical homeland of the Gumbaynggirr Aboriginal people to the north of the Nambucca River and the Dunghutti to the south. It is thought that local tribes used koalas together with other species for food and for their skins. Europeans first explored the area in 1820 and the cutting of cedar is believed to have commenced in about the 1840’s. From this time there was significant land clearing and ringbarking for agricultural establishment as well as habitat disturbance from forestry, the introduction of weeds and changing fire regimes. Today large areas of the floodplains, valleys and mid-slope areas have been cleared, significantly reducing the availability and quality of habitat available for koalas. This reduction and fragmentation of koala habitat likely peaked in the period from the late 1890’s to the mid 1900’s where koala abundance and distribution were probably at their lowest.

 

This study has found that koalas still persist in many forested areas and, in particular, in the northern part of the study area generally north and north-west of Nambucca Heads. In this area, there is recorded evidence of koala persistence over 3 - 4 koala generations or a period of 18 - 24 years. This finding is supported in both the analysis of koala records and the results of the field surveys.

 

Both the records analysis and the surveys, however, also showed a trend of decline in some parts of the study area particularly in the south and east of the Macksville township, in the western Scotts Head area and to the north of Warrell Creek.

 

While there were too few records to calculate occupancy rates for areas supporting koalas, occupancy rates are likely to be below optimal level (50% per Phillips et al 2011a) but are likely to be similar to areas observed in other north coast studies (e.g. 28% in the Byron Coast Koala Habitat Study, Biolink 2011).  Active management will be required to ensure koalas persist in the long term within the coastal areas of the LGA.

 

The following maps taken from the Koala Habitat Study demonstrate some of the results of the study.  It is appreciated that the following maps may not be legible on an IPad so they have been circulated in hard copy.

 

Map 3 Koala Record Generations – this image illustrates the period in which records were recorded in certain areas.

 

Map 4 Generation Persistence – This image demonstrates the generational persistence of Koalas in particular areas.


Figure 5 Field Sites – This image highlights the location of surveys undertaken as part of this project, and the results of surveys (active or non-active or landholder record).

Map 8 Core Koala Habitat – This map illustrates recommended Core Koala Habitat based on the results of the surveys and the historical records within the shire.

Map 9 Corridors – This figure illustrates important landscape linkages for the long term sustainability of the Koala based on the results of the survey and the historical records.

 

The above map shows the core Koala Habitat mapped over the shire including Council owned or controlled land highlighted in red. The following items of note in respect to the core habitat and Council land or future strategic infrastructure or growth:

 

·           Core Koala Habitat fringes Councils Waste Facility on old Coast Road and the Kingsworth Estate Lake.

·           Core Koala habitat incorporates an undeveloped part of the R5 Large Lot Residential Land in the western portion of Kingsworth estate.

·           Core Koala Habitat encompasses a small area of Boggy Creek Road and the south western existing vegetation of the Valla Urban Growth Area;

·           Part of a Council reserve in the Birrugun Close area at Valla Beach (previously recognised as koala habitat through subdivision DA’s) is identified as Core Koala Habitat

·           Core Koala Habitat fringes the Bowraville Dam site;

·           An extensive portion of Valla rural area is identified as core Koala habitat. It is noted that Councils Rural Residential Release Strategy largely eliminated remnant native vegetation from future release although previously cleared land was highlighted for long term release.

 

Designation of Core Koala Habitat and the Koala Plan of Management

 

The preparation and adoption of a Comprehensive Koala Plan of Management in the future is likely to have a number of implications in addition to the improved management of the species:

 

-         Landholders in areas of koala habitat will not have to undertake and fund their own individual studies and koala plans of management  - SEPP 44 Koala Habitat Assessment;

-         Private Native Forestry under Native Vegetation Act 2003 would be excluded from areas designated as Core Koala Habitat;

-         The comprehensive Koala Plan of Management would provide staff, private landholders and environmental groups with the information to target funding opportunities and management programs developed at a landscape scale.

 

Future management

 

A number of management actions are recommended in the study and they are based around three separate management precincts. These recommendations are reproduced below:

 

1          To ensure effective and targeted management of koalas and their habitat across the study area it is recommended that each of the three koala management precincts (KMP) (refer Map 11) be dealt with separately.

KMP 1 - North and North-west of Nambucca River

Significant area of occupied koala habitat between the coast and the escarpment which adjoins the forested lands of Newry State Forest, Nambucca State Forest Viewmont State Forest, Bollanolla Nature Reserve, Jagun Nature Reserve, Valla Nature Reserve and  Nunguu Mirral Aboriginal Area. This population is likely to form part of a larger koala population within the south Bellingen LGA.

 

Management of this population on private lands will require a moderate to high level of intervention ranging from statutory controls to effectively limit any further habitat clearing and/or fragmentation, to other measures including reducing the threats impacting on koalas and encouraging the establishment and enhancement of koala habitat including in key corridors. Landholder education, awareness, involvement and support is critical to the long-term viability of the koala population in this area.

 

KMP 2 - South of the Nambucca River and west of the Pacific Highway

Widespread and dispersed area of often fragmented koala habitat supporting a low density population with a low occupancy rate. Areas more likely to be occupied adjoin the public forested lands including Ingalba State Forest, Tamban State Forest and Ngambaa Nature Reserve. Some area of suitable koala habitat may be unoccupied.

 

Management in this mostly rural area requires a coordinated approach from council and other government agencies to promote the recovery of a long-term free ranging koala population. Landholder involvement and support will be a critical component of the management of koalas and their habitat in this precinct.

 

KMP 3 - South of the Nambucca River and east of the Pacific Highway

Primarily comprises areas of fragmented and often disturbed koala habitat that historically was occupied by a low density koala population that now appears to be absent or in very low numbers.

Further research and monitoring is required to establish if any isolated koala populations remain in this area. This should include promotion of landholder education and awareness and a community-based koala reporting system to council.

 

2        The above KMAs should be used to spatially target and designate key issues for koala recovery and management actions in the preparation of a Comprehensive Koala Plan of Management for the coastal part of Nambucca Shire Council. The primary objective of this plan should be the recovery and management in perpetuity of a free-ranging koala population across the area by way of habitat protection, rehabilitation and restoration (linkages), reduction of threats, community education and awareness and appropriate management of koala welfare and health.

3        Subject to funding and resources, further surveys (both community and field) and data analysis should be undertaken in the precincts 2 and 3 to better understand and document the distribution and status of any koala populations in these areas.

4        Council should work with landholders, government agencies and departments and the general community to promote the protection and management all Primary, Secondary A and Secondary B koala habitat mapped in this study

5        The areas mapped as ‘Core Koala Habitat’ within the meaning of State Environmental Planning Policy 44 – Koala Habitat Protection (refer Map 8) should be a key focus for council in promoting koala habitat protection, threats management, habitat regeneration and corridor establishment, including seeking landholder support through targeted awareness, education and funding opportunities.

John Turbill and Paul Sherringham from the Office of Environment and Heritage are available to do a short presentation to Council on both the Vegetation mapping and the Koala Habitat Study.


Related Matters

 

To assist in meeting the requirements of many of these actions it is recommended that Council develop a register of landholders who are interested in participating in future environmental projects that may benefit their land and the broader ecological landscape. In addition to addressing the recommendations from this study it will also assist in preparing applications for a number of grant opportunities commonly arising where landholder participation is required. Often these grants not only provide environmental benefits but property benefits as well such as weed management, fencing, bank stabilisation and similar outcomes.

 

A component of this register that staff would like to explore is the potential to acquire land for conservation purposes, examples would be acquisition of significant wetland area or core koala habitat land. Further research on the management of these lands would be required but generally there would be two (2) main options:

 

1        Acquisition and management (using environmental levy, leveraged from grant funding); and

2        Acquisition, protection (through conservation agreement) and disposal  (using the environmental levy leveraged grant funding);

 

Staff with assistance from other agency representatives would need to strategically determine priority areas.

 

CONSULTATION:

 

General Manager

John Turbill (Office of Environment and Heritage)

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The study will contribute significantly to the future management of koala habitat in the Nambucca Local Government Area.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.  However it is flagged that the designation of Core Koala Habitat would exclude the opportunity for Private Native Forestry under the Native Vegetation Act 2003

 


Risk

 

In general terms the report concerns balancing environmental and economic risks.  In terms of maintaining biodiversity the koala is an “icon” species.  It is listed as a vulnerable species.  However the retention of core koala habitat will impact on the economic return from private native forestry which is excluded from Core Koala Habitat.  The definition of Core Koala Habitat and the relevant controls do not apply to National Parks or State Forests.  In the instance of State Forests the SEPP 44 legislation does not apply, however State Forests are required to undertake pre-harvest surveys and map high use areas as part of their approval system for forestry operations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Staff resources will be required to assist with the preparation of a Comprehensive Koala Plan of Management.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.10    SF453              240915         Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer; Michael Coulter, General Manager         

 

Summary:

 

This report provides Council with an update on the status of the draft preparation of the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

 

Recommendation:

 

1        That Council approve the public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

2        That following the additional endorsement of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 by Bellingen Shire Council and Coffs Harbour City Council, that the Councils, publicly exhibit and invite submissions on the draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 for a period of 28 days.

 

3        That a further report be presented to Council, following public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.

 

 

OPTIONS:

 

1        Adopt the recommendations provided in this report. This will enable public exhibition of the Draft Strategy to gain further community input.

 

2        Reject the recommendations provided in this report. This option will result in a significant delay for the adoption of the Strategy and delay strategic outcomes in resource recovery and waste management in the region.

 

 

DISCUSSION:

 

In January 2015 the Council endorsed the preparation of a Coffs Coast Region Resource Recovery & Waste Management Strategy. This Brief was further endorsed by Bellingen Shire and Coffs Harbour City Councils at their meetings respectively. Consequently, consultants Jacobs Group (Australia) Pty Ltd were engaged in April 2015. 

 

CCWS committee and staff from the three Councils have worked with the consultants in developing the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 (Draft Strategy).

 

Background

 

The three Councils have been working collaboratively since 2002, through joint contracts to deliver improvements to waste management and implement a focused approach that considers the principles of the waste management hierarchy.  The three Councils formed the ‘Coffs Coast Waste Services’ (CCWS), under a collaboration agreement to deliver domestic and other waste management services across the three local government areas. Our commitment to managing waste more proactively is illustrated by being one of the first groups of Councils in New South Wales (NSW) to invest in Alternative Waste Technologies (AWT).

 

Residents in all three Council areas are provided with a three bin kerbside collection service, and CCWS were early adopters of the ‘NSW EPA Best Bin System’, as this was fully implemented across the region by 2007.  Materials collected and frequencies of collection for the three bins are:

 

·              Organics (garden and food) - collected weekly in the green lidded bin,

·              General waste - collected fortnightly in the red lidded bin, and

·              Recycling - collected in the yellow lidded bin on alternate weeks to general waste.

 

A network of transfer stations is operated by the three Councils. These provide domestic waste drop-off facilities which accept general waste, recycling and garden organics, with some also accepting waste from businesses.  Three of these transfer stations or landfill sites are upgrading to accept a range of ‘problem wastes’ through the NSW EPA Community Recycling Centre grants programme.

 

At the Coffs Coast Resource Recovery Park (CCRRP) at Englands Road there is a landfill and three waste processing operations that accept and process the contents of the red, yellow and green lidded bins. The mixed recycling (yellow lidded bin) is received into the Materials Recovery Facility (MRF) where the different materials are sorted using a mixture of hand picking and machinery, and then baled for resale.

 

The Englands Road MRF separates the following materials for recycling:

 

·              Clean paper and cardboard

·              Steel

·              Aluminium

·              Rigid plastics (Types 1 to 5)

·              Glass (coloured, clear and fines)

·              Polystyrene

·              Liquid paperboard (Tetra paks)

 

The green lidded food and organics bin is sent to the Englands Road Biomass Solutions organics processing plant where it is treated through an In-Vessel Composting (IVC) process.  The incoming food and organic material is shredded and placed into enclosed bays. The composting material is routinely turned and aerated in a controlled manner to assist the composting process. The resulting compost is nutrient rich and is sold to the agricultural and landscaping sectors.

 

General waste from the red lidded bin is sent to the Englands Road Biomass Solutions AWT plant where it is processed to remove contaminants and then treated in an autoclave to reduce the putrescible portion of the waste (that portion of the waste which would otherwise decay). This process stabilises the organic or putrescible waste, driving off a significant portion of the moisture. The waste is then processed to remove metals for recycling, and then screened to produce an organic product suitable for use as a soil additive, and a residual portion that requires landfill disposal. Advantages of this technology are that the potential for the waste to generate greenhouse gases is significantly reduced, as well as greatly reducing the quantity of waste sent to landfill.

 

There are four Council operated landfill sites in the region; one in Coffs Harbour at Englands Road, two in Bellingen Shire and one in Nambucca Shire.  The Englands Road site accepts a range of waste types conforming to the General Solid Waste classification including asbestos. It is also the primary disposal point for the waste generated by the AWT which cannot be recycled. The Englands Road landfill is reaching capacity and, based on current disposal rates, will not be able to accept waste past 2020.

 

Bellingen Shire Council operates a landfill at Raleigh. BSC also operates a small scale landfill in Dorrigo which is co-located with a transfer station.

 

Nambucca Shire Council operates a landfill at Nambucca Heads which accepts mixed building and demolition waste, clean fill, bulky kerbside goods, asbestos and biosolids.

 

Moving Forward

 

The Draft Strategy considers the achievements of CCWS to date, and identifies a number of core challenges moving forward along with opportunities for improvement in waste avoidance, resource recovery and collaboration.

 

The Draft Strategy sets out the following vision for waste management in the region and groups future activities into a series of priority areas, or Key Result Areas (KRAs), which will be used to deliver the Vision: 

 

The regional Councils will innovate and collaborate to provide waste services that demonstrate leadership, a culture of continuous improvement and a community focus that delivers social, environmental and economic benefits.

 

Commencing in 2015 this Draft Strategy provides a regional framework for delivering waste management services and initiatives through to 2027.   It is broken down into a series of 7 key result areas; each of which have associated objectives and measures which all of the participating Councils are committed to pursuing.  These key result areas form the strategic direction for waste services in the region, detailing how they can be improved and how the Councils can help residents and businesses to manage their waste better.

 

The first 6 KRAs reflect the focus of the NSW Waste Avoidance & Resource Recovery Strategy 2014-21. The seventh KRA focuses on strategic management of waste management infrastructure across the region.

 

The seven KRAs are:

 

1          Avoid and Reduce Waste Generation

2          Increase Recycling

3          Divert More Waste from Landfill

4          Manage Problem Waste Better

5          Reduce Litter

6          Reduce illegal Dumping

7          Infrastructure Management

 

These seven Key Result Areas, identified in the Draft Strategy will underpin its implementation. By working with the community, businesses and industry the Coffs Coast region will achieve the vision and objectives within the Draft Strategy.  This will include developing existing collection and processing infrastructure, supporting local community initiatives, developing better ways of working together and improving the data available on how much waste is generated, processed and disposed of to landfill.

 

Monitoring of the strategy against KPIs is critical to assess the progress against delivering the vision and objectives in the Draft Strategy.  Data will be collected and calculated in accordance with State and Federal requirements, and in a consistent manner.

 

At the joint council briefing held on 16 September it was agreed that the nominated KRA’s should be each subject to a “triple bottom line” assessment whereby the financial cost of achieving improved environmental and social outcomes is considered.  As it stands there is unlikely to be any disagreement with the nominated seven KRAs but there is likely to be different views as to what level of financial commitment is applied to achieve a level of improvement in each KRA.

 

 


CONSULTATION:

 

General Manager Nambucca Council

Assistant General Manager Engineering Services

Waste Management Officer

Bellingen Shire Council

Coffs Harbour City Council

CCWS Regional Waste Committee

Jacobs Consulting

 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No identifiable environmental risks at this stage.

 

Social

 

No identifiable social risks at this stage.

 

Economic

 

No identifiable economic risks at this stage.

 

Risk

 

The experience of the CCWS has been of a number of changes in the regulatory environment which have negatively impacted on the Councils’ waste processing costs.  The regulatory changes have been imposed by the EPA.  Consideration was also given to the impact of a carbon tax (or cap and trade scheme) which was subsequently imposed by one Federal Government only to be removed by the following Government.  With any strategy there is a risk of regulatory change imposed from other levels of government.  To this extent any strategy needs to be relatively flexible to allow the councils’ to quickly respond to any changes in the regulatory environment.

 

CHCC have a risk to their cost structure with the Englands Road landfill site only having a capacity of 6 years.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No identifiable impacts on current or future budgets at this stage.

 

Source of fund and any variance to working funds

 

No identifiable changes or implications at this stage.

 

Service level changes and resourcing/staff implications

 

No identifiable changes or implications at this stage.

 

 

Attachments:

1

28795/2015 - CCWS Waste Strategy 2015-17 Report

 

  


Ordinary Council Meeting - 24 September 2015

Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

 

































Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.11    SF2038            240915         Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 2 September 2015 to 15 September 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

2015/067

27/05/2015

Two Lot Subdivision

Lot 10 DP 584683, 9 Richards Road, Newee Creek

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·        The development would further contribute to a dust problem, therefore Newee Creek Road should be sealed from the end of the current bitumen to the furthest edge of the proposed subdivision.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/099

2 July 2015

132 Lot Residential Subdivision

Lot 1 DP 1119830, Marshall Way, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Two public submissions has been received – they oppose the development

·        The increase in expected traffic raises major concerns re safety (particularly for the elderly and the young), congestion, parking within the Plaza and speeding.

·        Concerned that there isn’t enough local infrastructure and services to support new residents eg doctors.

·        A community forum should be held to gauge dissatisfaction with the proposal

·        Spring Street isn’t wide enough to cope with the increased traffic

·        Stormwater in Spring Street and surrounding areas is already a problem

·        Concerned about the safety of turning out of Spring Street, when Marshall Way is a through road

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/097

30 June 2015

Environmental Protection Works

Lot 7 DP 248676 & Lot 3 DP 817508, 250 & 412 Gumma Rd Gumma

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·           The structures will lead to a build-up of storm and flood water on their property

·           Marine and aquatic creatures will not be able to access waterways to breed

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/103

6 July 2015

Recreational Facility (Outdoor) – Shooting Range

Lots 262, 263 & 264 DP 755549, 132 Morans Road, Missabotti

 

SUBMISSIONS RECEIVED/STAFF COMMENTS

Fifty-three public submissions have been received – Fifty-one oppose the proposal and two support it. Additionally, two petitions have been lodged with Council – a paper petition, with approximately 256 signatures and an online petition, with 542 signatures. Both petitions oppose the proposal.

 

Oppose

·           Council should honour their Mission Statement and Community Strategic Plan and reject the application

·           A more thorough and comprehensive environmental assessment should be carried out physically on site – what has been provided lacks sound research

·           A mandatory process of community consultation should be initiated and installed, as procedure, between developers and impacted residents of any proposed development

·           A moratorium should be immediately established on the approval of developments in the catchment of the Bowra Dam and any catchments that supply water to the dam, that pose a risk of contaminating the rural and domestic water supply

·           No guarantees that lead and other metals will not end up in the water supply or will not otherwise affect flora and fauna – no containment system will be 100% effective

·           Regular heavy rain events could wash away the lead catchment mound

·           Safe transportation and storage of weapons have not been addressed

·           Property owner is neither a resident of Missabotti nor the Nambucca Shire

·           There is a well-equipped and under-utilised shooting range at Scotts Head, plus others at Kempsey and Bellingen

·           There is a large amount of local opposition – see objections, Facebook page and online petition

·           Bellingen, Missabotti and Morans Road unsuitable for the increase in traffic. Mirrors at the blind spot are unlikely to be maintained by the Pistol Club

·           Noise pollution will be unacceptable

·           No mobile phone reception in the area, therefore any emergency response to life-threatening situations will be limited

·           Development will reduce property values, possibly by 15 – 20%, as valued by real estate agent

·           Proposed effluent disposal method is inadequate

·           Gun ownership should be discouraged by all levels of government

·           Gun owners from outside the Shire will use the facilities with firearms other than pistols

·           There are large numbers of wildlife who will be negatively impacted by the proposal

·           Children living nearby will be in danger from the people attending the club and the activities carried out

·           Inadequate access to the site is of concern particularly if fires occur

·           The activities at the site increase fire risk

·           Cost of works on the DA form seems under-valued

·           Proposed range is sited within an intermittent water course

·           Missabotti Hall will be under- utilised as patrons will be able to hear gunfire

·           70% of residents in the Missabotti Valley are aged 60 or over and want a peaceful and safe rural lifestyle – approving the DA would only lead to stress and anxiety for them

·           The development is in opposition to a stronger, more sustainable image for the Nambucca Shire

·           Council needs to demonstrate that it is committed to protecting the environment and not compromising natural assets

·           Evacuating the site during an emergency is problematic

·           Current site used at Gumma is polluted and has not been correctly maintained or cleaned up

·           It would have a detrimental effect on the amenity of the area

·           Clearing topsoil and removing natural bush would have a detrimental environmental impact

·           Residents do not support activities which could detract from the tranquillity and beauty of the hinterland region

·           Previous sound tests were inadequate – need to be carried out in a variety of situations and seasons

·           How is security to be addressed? Will the entire site be fenced off?

·           Guns may be stolen from vehicles which stop at local shops along the way to Missabotti

·           Is an appropriate authority able to ensure the development, if approved, complies with all requirements in an ongoing way, eg pollution, unapproved weapons, littering, numbers of shooters, etc?

·           Request that the DA be tabled and considered by all Councillors at a Council meeting

·           Roads have deteriorated further since the previous DA was lodged – these need to be addressed and additional bitumen laid to the proposed shooting range

·           Where will shooters be accommodated if there is a flash flood?

·           Flora and fauna report unacceptable – it has been peer reviewed and found wanting

·           Previous noise test was carried out with members using smaller calibre weapons than would ordinarily be used and firing fewer shots. The noise on properties on the flat was not surveyed. The noise test should be redone

·           Water Control Plan and Line of Sight Plan are not of a high enough quality for submission in a DA

·           Information submitted with DA is inadequate and contradictory

·           No provisions for access for people with disabilities

·           Better suited to an industrial site

·           Cattle will be disturbed by the noise

·           Hours of operation and scale of proposal are both excessive

·           Moran’s Bridge is a popular swimming hole in the summer – people there could be endangered by the extra traffic

·           Bowraville LALC were not consulted – they are the elders and protectors of the area and claim it is an area of significance

·           There is no benefit to the people of Missabotti from the development

·           Section 94 contributions should be charged if the DA is approved

·           This is a remote site that is difficult to police

·           Safety concerns if alcohol is consumed – alcohol should be banned from the site.

·           Information that was required and not submitted with their previous DA (subsequently withdrawn) has not been adequately addressed in this application either.

·           If approved, local relationships will be damaged

·           Wildlife may be accidentally shot

·           Despite the property being 1500 acres, the proposed site for the range is very close to the boundary of the property – probably because the property owners don’t want it close to their homes

·           Distances and other data on the maps provided seem inaccurate

·           Doesn’t comply with the objectives of the RU2 land use zone

·           Any Councillors or staff members involved in shooting clubs should not be involved in assessing this DA

 

Support

·             Young people will be able to be taught professionally about firearms at the range.

·             One adjoining owner has no concerns about the range being next door.

·             The club has a very credible record of activity at Gumma with no complaints from surrounding landowners

·             Pistol shooting is a longstanding Olympic sport

·           Club is well structured and teaches members how to use firearms safely. They have a culture of concern for safety. All activities comply with the National Firearms Safety Code

·           Proposed site has a logging permit that addresses issues of flora and fauna protection

·           Only three properties are adjacent to the property and one of those is State Forest. Therefore, noise will be a minimal concern and will be less than that created by logging operations

·           Strategy for lead capture is entirely adequate and conforms to current best practice

·           No noticeable increase in traffic will occur and any traffic generated will do far less damage than logging trucks

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/133

26 August 2015

Use of Shipping Container

Lot 4 Section 18 DP 758150, 33 George Street, Bowraville

SUBMISSIONS RECEIVED/STAFF COMMENTS

One submission has been received by Council – it opposes the proposal

·           The shipping container has structurally unsafe footings/foundations and loading zone issues

·           Concerned about the deterioration of the surface of Aston Lane due to increased usage, as well as loading/unloading issues

·           Decreased scenic views, blocking the south westerly breezes and decreased street appeal

·           Increased health issues, due to increased dust on Aston Lane

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.12    SF1148            240915         Council Ranger's Report August 2015

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

3

Abandoned or Stray

2

5

Surrendered

0

4

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

2

12

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

2

Sold

0

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

1

Owner’s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

2

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

1

Total Euthanased

2

5

Total Outgoing Animals

2

8

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

0

4

 

 

August 2015

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

662-EKU

3106928110

No angle park as on parking control sign

106.00

4/08/2015

AO-62-SM

3106928120

Loading Zone

177.00

4/08/2015

ANL-80R

3106928139

No angle park as on parking control sign

106.00

4/08/2015

WWU-389

3106928148

Loading Zone

177.00

4/08/2015

CNZ-33X

3106928157

Not park in direction of travel

177.00

4/08/2015

CB-68-XI

3106928166

Not park in direction of travel

177.00

4/08/2015

AH-48-PZ

3106928047

No angle park as on parking control sign

106.00

4/08/2015

ATA-84L

3106928056

No angle park as on parking control sign

106.00

4/08/2015

ANA-93T

3106928065

No angle park as on parking control sign

106.00

4/08/2015

BMP-57S

3106928074

No angle park as on parking control sign

106.00

4/08/2015

CXK-09P

3106928083

No angle park as on parking control sign

106.00

4/08/2015

CWL-36S

3106928092

No angle park as on parking control sign

106.00

4/08/2015

CYG-89M

3106928101

No angle park as on parking control sign

106.00

4/08/2015

CZC-95Z

3106928175

No Parking (School Zone)

177.00

17/08/2015

CVE-22D

3106928184

No Parking (School Zone)

177.00

17/08/2015

CA-76-QM

3106928193

No angle park as on parking control sign

106.00

17/08/2015

BF-05-RZ

3106928202

No angle park as on parking control sign

106.00

17/08/2015

BX-96-DE

3106928211

Not park in direction of travel

177.00

17/08/2015

CD-76-DT

3106928220

Not park in direction of travel

177.00

17/08/2015

CE-43-RS

3106928230

No angle park as on parking control sign

106.00

26/08/2015

TNY-721

3106928249

No Parking

106.00

26/08/2015

CA-42-QM

3106928258

Not park in direction of travel

177.00

26/08/2015

CPB-400

3106928267

No angle park as on parking control sign

106.00

26/08/2015

DS-2017

3106928276

No Stopping (School Zone)

319.00

26/08/2015

YVP-402

3106928285

Bus Zone (School Zone)

319.00

26/08/2015

CYT-57M

3106928294

Bus Zone (School Zone)

319.00

26/08/2015

CXW-21X

3106928303

Bus Zone (School Zone)

319.00

26/08/2015

BA-83-DC

3106928312

Bus Zone (School Zone)

319.00

26/08/2015

AR-62-UI

3106928321

Bus Zone (School Zone)

319.00

26/08/2015

BQ-70-TT

3106928330

Bus Zone (School Zone)

319.00

26/08/2015

MZ-7469

3106928340

No angle park as on parking control sign

106.00

26/08/2015

 

August 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BX-60-DD

3106928359

Stop on painted island

106.00

26/08/2015

WND-179

3106928368

No angle park as on parking control sign

106.00

26/08/2015

BM-55-CO

3106928377

No Stopping

248.00

26/08/2015

CVZ-09B

3106928386

Loading Zone

177.00

26/08/2015

BX-31-DD

3106928395

No Parking (School Zone)

177.00

26/08/2015

 

 

TOTAL:

6230.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.13    DA2014/198      240915         Modification Application Assessment Report for DA2014/198

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015 as part of development application DA2014/198. The applicant has lodged a modification application seeking to modify conditions within the development consent relating to the timing and scale of works.

 

A copy of the applicants’ documents outlining the proposed modifications has been included within attachment 1 of this report. A copy of the originally approved plan has been included within attachment 2 and the original development consent within attachment 3.

 

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration subject to the recommended conditions of consent contained within attachment 4.

 

The modification application is being referred to Council for determination due to the potential financial and precedent implications associated with the proposed variance to the Nambucca Development Control Plan regarding the timing of road upgrade and sealing requirements.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 1, 2, 21 & 23 of the original consent as outlined within attachment 4 of this report.

 

 

OPTIONS:

 

a)       Approve the application to modify the development consent in accordance with the recommendation.

 

b)       Approve the modification application subject to amendments to the recommendation. Please note that only conditions subject to the modification application can be modified.

 

c)       Refuse the modification application.

 

DISCUSSION:

 

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015 as part of development application DA2014/198. A copy of the originally approved plan has been included within attachment 2 and the original development consent within attachment 3.

 

The subject modification application seeks to modify the development consent as follows:

 

·      The development consent requires the development sites frontage with Old Coast Road to be upgraded/sealed and its intersection with the proposed road to be constructed prior to the release of any subdivision certificate. The applicant proposes to modify the development consent to enable one lot (either lot 1 or 26) to be released without having to upgrade/seal Old Coast Road or construct the intersection with the proposed road.

 

Planners Comment: Clause B3.4.5 of the Nambucca Development Control Plan 2010 (DCP) requires a continuous bitumen sealed road constructed to a public road standard to connect each lot within the subdivision to an urban area. It also requires the frontages of all lots to be sealed. The variance to this clause as proposed by the applicant would result in the initial release of one of the approved allotments without sealing any roads or constructing the intersection of the proposed new road with Old Coast Road. Release of the remaining approved allotments would be undertaken as part of a separate subdivision certificate application(s), at which time all road upgrade and sealing works would be undertaken.

 

In order to do this under the current development consent, the applicant would need to provide Council with a bond for the estimated cost of all the works prior to the release of the subdivision certificate (estimated over $400,000). During consultation with the applicant and owner of the land it was indicated that the intent of the proposed variation to the above clause was to enable one lot to be sold off to fund the remaining development.

 

Because Old Coast Road will be sealed up to the frontage of the development site from the south as part of the Pacific Highway upgrade, approximately 650m of Old Coast Road is required to be sealed by the applicant to comply with clause B3.4.5 of the DCP.

 

Given the extent of remaining unsealed road and that the development will essentially be located at the end of a no through road once the Pacific Highway upgrade is complete; it is considered to be reasonable to permit one lot to be released without undertaking any sealing or intersection works due to the lower traffic volumes on the road, the remaining development potential of the land and the thick road side vegetation that will mitigate dust impacts. This is subject to the payment of a reduced bond of $100,000 towards the future extension of road seal within the development frontage. Should there be a delay in progressing the remaining development, such a bond will enable the existing seal to be extended at least 200m which would minimise maintenance costs to Council and assist in protecting the viability of undertaking the remaining development in accordance with Councils DCP and subsequently the development consent.

 

As such, it is recommended that condition 23 of the development consent be modified to reflect the above and condition 2 modified to clarify sealing requirements. Modified conditions have been included within the recommended conditions of consent.

 

·      Amend condition 2 by replacing the requirement for a 1.2m wide concrete footpath between the subdivision and Florence Wilmont Drive with a requirement for a widened sealed shoulder with line marking and guide post separation.

 

Planners Comment: Condition 2 requires a concrete footpath to be constructed from the entrance of the development site to Florence Wilmont Drive to provide connectivity for pedestrians and cyclists as required by clause B2.4 of the DCP. The applicant’s proposal to incorporate a widened sealed shoulder as part of the footpath design within Old Coast Road is considered to be consistent with the DCP and suitable for the locality.

 

As such, it is recommended that condition 2 of the development consent be modified to reflect the above. A modified condition has been included within the recommended conditions of consent.

 

·      Add a condition requiring the footpath connection between the site and Florence Wilmont Drive to be completed by the release of Lot 12 and for Council to accept a bank guarantee for the estimated cost of the footpath prior to the release of the third lot within the subdivision.

 

Planners Comment: The applicant proposes to provide a sealed shoulder within Old Coast Road to facilitate the required footpath. It is considered that such works should be done as part of the upgrading of Old Coast Road which, as mentioned above, is to be undertaken prior to the release of more than two lots from the development. It is considered that this is a reasonable variance to clause B2.4 which requires the path to be provided prior to the release of the first lot.

 

As such, it is recommended that condition 23 of the development consent be modified to ensure the footpath (widened seal) is undertaken as part of the required road works. A modified condition has been included within the recommended conditions of consent.

 

·           Amended staged release of the proposed allotments.

 

Planners Comment: The development is not a staged subdivision as defined by the environmental Planning and Assessment Act 1979 (the act). As with any subdivision, it is permissible under the act for Council to approve multiple subdivision certificates associated with the development providing the applicant has complied with the relevant conditions of consent.

 

·      Add a condition requiring the new road to be constructed to the extent necessary to provide access to the proposed lots as they are released.

 

Planners Comment: The existing development consent provides for this. However, condition 23 has been modified to provide clarity.

 

·      Add a condition stating that the provision of reticulated water to each lot is not required until proposed Lot 12 is released.

 

Planners Comment: Under clause B2.7.2 of the DCP Council ‘generally’ does not permit large lot residential lots (such as proposed) to be connected to reticulated water. However, approval was granted as part of this development consent for the connection of each lot to reticulated water due to the existing credits for the land which were created as a result of the water supply works associated with the development of lots within Kingsworth Estate.

 

Given that it is not essential for all lots to be connected to reticulated water, it was not intended to require each lot to be connected prior to the release of the subdivision certificate. As such, condition 23 has been modified to clarify that reticulated water does not need to be connected prior to the release of any subdivision certificate. This will leave it up to the applicant as to whether or not connection proceeds.

 

·      Add a condition enabling all services to be provided to each lot as the subdivision progresses.

 

Planners Comment: The existing development consent provides for this. However, condition 23 has been modified to provide clarity.

 

·      Add a condition requiring the payment of section 94 contributions on a lot by lot basis as the allotments are released.

 

Planners Comment: Condition 35 of the existing development consent provides for this. Each additional lot released as part of a subdivision certificate is subject to a contribution equivalent to 1 unit.

 

·      Amend the approved plan by reducing the length of the proposed road and reconfiguring allotments/building envelopes.

 

Planners Comment: The proposed reduction in road length will reduce maintenance costs for council and disturbance to the site, while still providing appropriate access and lot design which is consistent with relevant planning controls and the original consent.

 

As such, it is recommended that condition 1 of the development consent be modified to reflect the modified plan of subdivision included within attachment 1. A modified condition has been included within the recommended conditions of consent.

 

·      Amend condition 21 to enable the provision of the right of carriageway over lot 8 or 9 benefiting Council.

 

Planners Comment: Condition 21 requires a right of carriageway to be created over lot 9 between the road and the adjoining public reserve within Lot 40 DP 711098. The intent of this requirement was to enhance the existing limited public access to the reserve which is currently severely constrained.

 

Condition 21 also contains a requirement for a boundary adjustment to enable access around the perimeter of the dam within the adjoining public reserve to enable maintenance and public recreational use.

 

It is considered that relocating the right of carriageway to within lot 8 will not impact on the intent of the easement. As such, condition 21 has been modified to permit the easement to be located in Lot 8.

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

 

The proposed modification application is assessed against the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979 as follows:

 

SECTION 96(1A)

Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if:

 

Complies

Comments

(a) It is satisfied that the proposed modification is of minimal environmental impact,

Yes

The proposed modifications will reduce the level of environmental impacts resulting from the original consent.

(b) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),

Yes

It is considered that the development will remain substantially the same development for which consent was originally granted as the proposed modifications will result in only minor changes to conditions and subdivision design.

(c) It has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent,

Yes

The application was not re-notified as it is not considered that the proposed modifications will increase any environmental impacts.

(d)It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Yes

No submissions were received.

 

 

SECTION 96 (3) & (5)

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The matters referred to in section 79C (1) are as follows:

 

Complies

Comments

a  the provisions of:

 

 

(i)  any environmental planning instrument, and

Yes

The proposed modification will not be contrary to any provision of an EPI which applies to the land.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Yes

There are no draft instruments that have been placed on exhibition that are relevant to the land.

 

(iii) any development control plan, and

Yes

Aside from the above mentioned variance to clauses B2.4 and B3.4.5, the proposed modifications are not considered to be contrary to any provision of the Nambucca Development Control Plan 2010.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Yes

No planning agreement or any draft planning agreement has been entered into under section 93F.

 

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Yes

There are no relevant matters prescribed by the regulations.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

Yes

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

b   the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

Yes

Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural or built environments or any social or economic impacts on the locality.

c   the suitability of the site for the development,

Yes

The modifications will not impact on the suitability of the site for the proposal.

d   any submissions made in accordance with this Act or the regulations,

Yes

No submissions were received.

e   the public interest.

Yes

Subject to the recommended conditions of consent, it is not considered that the proposed development is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.

Yes

The subject site does not contain any critical habitat and it is not considered that the proposed modifications will result in the development having any significant impacts on threatened species, populations, communities or their habitats.

 

CONSULTATION:

 

Manager Technical Services

Manager Development and Environment

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposed modifications will reduce the level of impacts that would result from the original development consent. 

 

Social

 

It is not considered that the proposed modifications will alter any social impacts resulting from the original consent.

 

Economic

 

Subject to the recommended conditions of consent, it is not considered that the proposed modifications will result in any adverse economic impacts.

 

Risk

 

The only risk considered to be associated with the proposed modification is the increased degradation of Old Coast Road as a result of no upgrading/sealing works being undertaken prior to the first allotment being released. However, it is considered that the payment of the required bond will offset any maintenance costs associated with road deterioration as a result of the addition of one allotment as it will facilitate an extension to the existing seal by at least 200m should there be a delay by the applicant in progressing with the remaining development.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Addressed above.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

29280/2015 - Attachment 1 - Applicants Documentation

 

2

29279/2015 - Attachment 2 - Original Approved Plan

 

3

29277/2015 - Attachment 3 - Original Development Consent

 

4

29276/2015 - Attachment 4 - Recommended Conditions of Consent

 

  


Ordinary Council Meeting - 24 September 2015

Modification Application Assessment Report for DA2014/198

 







Ordinary Council Meeting - 24 September 2015

Modification Application Assessment Report for DA2014/198

 


Ordinary Council Meeting - 24 September 2015

Modification Application Assessment Report for DA2014/198

 

Enquiries to:        Daniel Walsh

Contact Phone:    6568 0259

Our Ref:             DA 2014/198

 

 

 

27 February 2015

 

 

 

Mr P D Burgess

Po Box 609

MACKSVILLE NSW 2447

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

(Issued under Section 81(1)(a) of the Environmental Planning and Assessment Act 1979)

 

 

Development Application No:                   2014/198

 

Applicant:                                                Mr P D Burgess

 

Subject Land:                                          Lot 42 DP 711098 & Lot 101 DP 755550, Old Coast Road, North Macksville

 

Development Proposal:                            26 Lot Subdivision

 

 


DETERMINATION

 

Determination:                                         The development application has been determined by Nambucca Shire Council by way of granting of consent subject to conditions described below.

 

Made on:                                                  27 February 2015

 

Consent to operate from:                         27 February 2015

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:                                                                27 February 2020

 

 


RIGHT OF APPEAL

 

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

 



Ordinary Council Meeting - 24 September 2015

Modification Application Assessment Report for DA2014/198

 

DETAILS OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plan endorsed with the Council stamp, dated 27/02/2015 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Plan Showing Proposed Subdivision

1 of 3 (Rev 7)

Clarke Dowdle & Associates

25/2/15

 

In the event of any inconsistency between conditions of this development consent and the plan referred to above, the conditions of this development consent prevail.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

 

Engineering Construction Plans

 

2.       Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Street Name Signs

Street name signs and posts to all proposed new roads. (Note: street/road names proposed for the subdivision must be submitted for Council approval 12 weeks prior to lodgement of the Subdivision Certificate application. A suitable name for any new road/s must be in accordance with Council’s adopted policy).

Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan, minimum 6m seal on an 8m formation.

 

Concrete dish drains are required where table drain gradients are less than 1% or more than 5%. Sealed shoulders shall extend to the table drain. Open table drains are to be turf lined and supplemented with subsoil drainage .

 

The intersection of Old Coast Road and the proposed subdivision road shall be designed in accordance with Austroads Guide to road design – Intersections.

 

Old Coast Road shall be constructed and sealed to public road standards to provide a continuous bitumen sealed road to connect each lot to an existing urban area. Council acknowledges that sections of Old Coast Road heading towards Macksville will be sealed as part of the Pacific Highway bypass and is willing to accept design plans that illustrate the sealing of Old Coast Road to the end point of the highway sealing works. Sufficient documentation is required to be submitted as part of the construction certificate application.

 

A bus stop is to be provided at the entrance to the subdivision.

 

The radius of the cul-de-sac head shall be a minimum of 12 m and guide posts shall be installed around the perimeter.

 

A temporary 12m radius gravel turnaround shall be provided at the termination of each stage of road construction.

Footpath Construction

A 1.2 metre wide concrete footpath from the entrance of the development site to Florence Wilmont Drive. The footpath is to be within the road reserve of Old Coast Road on the eastern side of the road carriageway and is to connect to the road verge of Florence Wilmont Drive through the existing 20m wide right of carriageway located within Lot 64 DP 1167978.

Driveways Rural – sealed roads

Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen to 3 metres within the property boundary to each of the proposed new allotments.

 

Minimum 375 RCP and headwalls through the table drain

Service Conduits

Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities’ requirements.

Estate sign and/or structure

Council will not accept ownership or responsibility for any estate sign or structure. Council will need to be satisfied that a Plan is in place that will provide for ongoing maintenance of the sign and/or structure. Council reserves the right to assess the condition of the sign or structure and also its relevance at intervals of 5 years. The Estate name will not be recognised by Council as part of a property address.

Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

Culverts required across drainage channels or streams

Culvert to be designed to ensure that peak flow rates for the 1 in 10 year storm event are not affected. The applicant is to obtain any necessary approvals from the Department of Natural Resources and/or the Department of Primary Industries, Fisheries, and plans.

Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Department of Land and Water Conservation NSW (1998) The Constructed Wetlands Manual and Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

Erosion and Sedimentation Control Plan

 

3.       The plans and specifications to accompany the Construction Certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

The sediment and erosion control plan must be prepared by a suitably experienced person such as a person certified by:

 

·           The Institution of Engineers, Australia, for engineering and hydrology matters.

·           The International Erosion Control Association for soil conservation matters.

·           The Australian Society of Soil Science for collection or analysis of soil data.

 

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

Traffic Control Plan

 

4.       The plans and specifications to accompany the Construction Certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

 

Splay corner required

 

          5.       A 7.5m splay corner is to be dedicated to Council at no cost to Council.

 

Sewerage and Water Mains

 

6.       Engineering plans of the proposed water supply works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

 

Street Tree Planting Scheme

 

7.       The plans and specifications to accompany the Construction Certificate application are to include a street tree planting scheme which has been prepared in accordance with the requirements of Council’s Policy.

 

The Plan must show all services. Plants to be used in the street tree planting scheme must:

 

a        be a minimum size of 2 metres in height and have a minimum mature height of 5m.

b        have a 50mm calliper diameter,

c        be sourced from at least a 25 litre container,

d        be protected by a suitable tree guard (eg a 750mm square tree guard made from a 3m “Acacia” panel painted “Caulfield Green”),

e        be suitably supported by two 2100mm black star picket posts,

f        provided with slow release fertiliser,

g        include the provision of 125mm flexible agricultural pipe filled with 14mm blue metal for watering of the plant, and

h        be mulched with 100mm of native tree mulch.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

 

Construction Certificate 

 

8.       Subdivision work the subject of this development consent MUST NOT be commenced until:

(a)  A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b)  The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(c)  The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Section 138 Consent

 

9.       Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Erosion & Sediment Measures

 

10.     Erosion and sedimentation controls are to be in place in accordance with an approved Erosion and Sediment Control Plan.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

Public Liability Insurance

 

11.     The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $20 million. Council is to be nominated as an interested party on the policy. The public liability insurance cover is to be maintained for the duration of the period of the works and during any maintenance period.

Erection of Signs

 

12.     A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Maintenance of sediment and erosion control measures

 

13.     Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Inspection of Public Works

 

14.     Development works on public property are not to proceed past the following hold points without inspection and approval by Council. Notice of required inspection must be given 24 hours prior to inspection. You must quote your construction certificate number and property description to book your inspection.

 

i         prior to commencement of site clearing and installation of erosion control facilities;

j         at completion of installation of erosion control measures;

k        at completion of installation of traffic management works;

l         at the commencement of earthworks;

m       before commencement of any filling works;

n        when the sub-grade is exposed and prior to placing of pavement materials;

o        when trenches are open, stormwater/water pipes and conduits jointed and prior to backfilling;

p        at the completion of each pavement (sub base/base) layer;

q        before pouring of concrete for kerb and guttering;

r         prior to the pouring of concrete for sewerage works;

s        on completion of road gravelling or pavement;

t         during construction of water infrastructure;

u        prior to sealing and laying of pavement surface course.

 

All works at each hold point are to be certified as compliant, in accordance with Council’s current Design and Construction Manuals and Specifications, prior to proceeding to the next hold point. Council will undertake random audits of work sites to verify compliance of public works as required.

 

 

 

 

Construction times

 

15.     Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

Builders rubbish to be contained on site

 

16.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

An ecological consultant must supervise works

 

17.     A suitably qualified and experienced ecological consultant must inspect all native trees that have been approved for removal before they are felled. If there are any koala or other fauna species in the tree, work in the vicinity is to cease until the animal has moved from the area. If it is likely that hollows are providing habitat for native species, traps are to be set for several nights and any native species found must be relocated to an appropriate nearby location.

 

Standards for demolition work

 

18.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

Discovery of a Relic

 

19.     The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

20.     An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Plan of Subdivision and Section 88B Instrument Requirements

 

21.     The final plan of subdivision and an instrument prepared under section 88B of the Conveyancing Act 1919 are to provide for the items listed in the following table. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenants.

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

Dedicated Corner Splays

Dedication of 7.5m corner splays at all street junctions and intersections.

Dwelling Envelope

Restrictions to limit the erection of dwellings to the nominated dwelling envelopes. The dwelling envelopes on lots 1 and 26 are to be located at least 21m from the north-western boundary for compliance with Planning for Bushfire Protection 2006.

Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Right of Carriageway

The creation of a right of carriageway for emergency access over adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates and shall be in favour of proposed Lots 1 to 26.

Right of Carriageway

In order to provide access for all allotments to the adjoining public open space, provide a right of carriageway 5m wide, or of such width as approved by Council, over proposed Lot 9 to benefit the owners of Lot 40 DP 711098. The right of carriageway shall be located along the eastern boundary of propsoed lot 9 and is to extend from the propsoed road to the boundary of Lot 40 DP 711098.

Boundary Adjustment

The boundary between proposed Lot 9 and Lot 40 DP 711098 is to be adjusted to ensure that a 1.5m access way between the dam and the allotment boundary is available for public access within the adjoining reserve. A survey plan demonstrating compliance with this condition is to be submitted to Council prior to the issue of a subdivision certificate.

Asset Protection Zone

A restriction on the land shall be placed on all lots shown on the approved plan, burdening them with the provision of an Asset Protection Zone (APZ) for future dwellings that fall outside their boundaries.

The restriction is to be worded to benefit adjoining allotments and enable future dwellings on them to obtain a bushfire attack level of at least BAL 29. These APZs shall be maintained by the owners of those lots benefited as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document Standards for Asset Protection Zones. This restriction can be extinguished upon commencement of any future proposed residential development on the adjacent lots but only if the hazard is completely removed during the course of undertaking approved works.

Hazard Reduction

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Easement for Services

Where necessary, the creation of suitable easements for services.

 

Lot Sizes

 

22.     All lots are to be no less than 1ha in area. Lot 26 is to have a minimum of 1ha of R5 Large Lot Residential zoned land and all land within the parent lot zoned RU2 Rural Landscape.

 

Completion of All Works

 

23.     All roads, drainage, landscaping, and civil works, required by this development consent and associated Construction Certificate, are to be completed.

          Note: In the event that the proposed allotments are released in stages, each lot being released must have sealed access to an urban area as required by this consent and frontage to a sealed road, with temporary turning heads provided where necessary.

 

Erection of Street Signs

 

24.     Street signs are to be erected showing the approved street name in accordance with this development consent and the Construction Certificate approval.

 

Rural House Numbering

 

25.     Prior to the issue of a subdivision certificate, apply for and obtain a rural address number for each lot from Council.

 

Redundant Infrastructure

 

26.     Any irrigation pipes or redundant electricity wires within the road reserve to be dedicated to Council are to be removed.

 

Certificates for Engineering Works

 

27.     The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

 

Works-As-Executed Plans

 

28.     Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council’s GIS Officer.

 

Certificate for Pipes, Access Driveways, etc. Within Easements

 

29.     A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements/road reserve.

 

Maintenance Bond

 

30.     A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Record of Infrastructure

 

31.     A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

 

Bushfire Protection

 

32.     In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

(a)    Asset Protection Zones

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(b)   Water and Utilities

Water and electricity are to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)    Access

i.    Public road access shall comply with Section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006’. A temporary turning circle is to be incorporated as part of any staging of the release of allotments.

ii.    The proposed emergency access road on adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates shall:

·      Be pursuant to section 88B of the Conveyancing Act 1919 and in favour of proposed Lots 1 to 26.

·      Be constructed in accordance with Section 4.1.3 (2) of ‘Planning for Bushfire Protection 2006’.

 

Electricity Supply Certificate

 

33.     Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

Telephone Supply Certificate

 

34.     Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

Section 94 Contributions

 

35.     Contributions set out in the following Schedule are to be paid to Council prior to the release of the subdivision certificate. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Lot

25

$1,956

$48,900

June 2015

Surf Life Saving Equipment

Lot

25

$110

$2,750

June 2015

Section 94 Administration Charge

10 % of above contributions

$206.60

$5,165

June 2015

TOTAL

$2,272.60

$56,815.00

June 2015

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure that all traffic, car parking and access requirements arising from the development are addressed.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        B1 Carry out water supply work

 

 

Integrated Development:                          Yes – 100B of the Rural Fires Act 1997

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

Signature: ....................................................................

 

Name:           Daniel Walsh

                     SENIOR TOWN PLANNER

 

Date:              27 February 2015

 

Certifying Authority:         Nambucca Shire Council


Ordinary Council Meeting - 24 September 2015

Modification Application Assessment Report for DA2014/198

 

DETAILS OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Site Plan

DA01

De Groot & Benson

August 2015

Cul De Sac Plan

DA02

De Groot & Benson

August 2015

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

 

Engineering Construction Plans

 

2.       Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Street Name Signs

Street name signs and posts to all proposed new roads. (Note: street/road names proposed for the subdivision must be submitted for Council approval 12 weeks prior to lodgement of the Subdivision Certificate application. A suitable name for any new road/s must be in accordance with Council’s adopted policy).

Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan, minimum 6m seal on an 8m formation.

 

Concrete dish drains are required where table drain gradients are less than 1% or more than 5%. Sealed shoulders shall extend to the table drain. Open table drains are to be turf lined and supplemented with subsoil drainage.

 

The intersection of Old Coast Road and the proposed subdivision road shall be designed in accordance with Austroads Guide to road design – Intersections.

 

Old Coast Road shall be constructed and sealed to public road standards to provide sealed frontages to each lot and a continuous bitumen sealed road to connect each lot to an existing urban area. Council acknowledges that sections of Old Coast Road heading towards Macksville will be sealed as part of the Pacific Highway bypass and is willing to accept design plans that illustrate the sealing of Old Coast Road to the end point of the highway sealing works. Sufficient documentation is required to be submitted as part of the construction certificate application.

 

A bus stop is to be provided at the entrance to the subdivision.

 

The radius of the cul-de-sac head shall be a minimum of 12 m and guide posts shall be installed around the perimeter.

 

A temporary 12m radius gravel turnaround shall be provided at the termination of each stage of road construction.

Footpath Construction

A minimum 1.2 metre wide sealed public footpath from the entrance of the development site to Florence Wilmont Drive. The footpath is to be located on the eastern side of the Old Coast Road carriageway and is to connect to the road verge of Florence Wilmont Drive through the existing 20m wide right of carriageway located within Lot 64 DP 1167978. If the footpath is to consist of a widened sealed shoulder of the road carriageway, it is to be delineated by line marking and guide post separation.

Driveways Rural – sealed roads

Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen to 3 metres within the property boundary to each of the proposed new allotments.

 

Minimum 375 RCP and headwalls through the table drain

Service Conduits

Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities’ requirements.

Estate sign and/or structure

Council will not accept ownership or responsibility for any estate sign or structure. Council will need to be satisfied that a Plan is in place that will provide for ongoing maintenance of the sign and/or structure. Council reserves the right to assess the condition of the sign or structure and also its relevance at intervals of 5 years. The Estate name will not be recognised by Council as part of a property address.

Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

Culverts required across drainage channels or streams

Culvert to be designed to ensure that peak flow rates for the 1 in 10 year storm event are not affected. The applicant is to obtain any necessary approvals from the Department of Natural Resources and/or the Department of Primary Industries, Fisheries, and plans.

Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Department of Land and Water Conservation NSW (1998) The Constructed Wetlands Manual and Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

Erosion and Sedimentation Control Plan

 

3.       The plans and specifications to accompany the Construction Certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

The sediment and erosion control plan must be prepared by a suitably experienced person such as a person certified by:

 

·           The Institution of Engineers, Australia, for engineering and hydrology matters.

·           The International Erosion Control Association for soil conservation matters.

·           The Australian Society of Soil Science for collection or analysis of soil data.

 

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

 

Traffic Control Plan

 

4.       The plans and specifications to accompany the Construction Certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

 

Splay corner required

 

          5.       A 7.5m splay corner is to be dedicated to Council at no cost to Council.

 

Sewerage and Water Mains

 

6.       Engineering plans of the proposed water supply works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

 

Street Tree Planting Scheme

 

7.       The plans and specifications to accompany the Construction Certificate application are to include a street tree planting scheme which has been prepared in accordance with the requirements of Council’s Policy.

 

The Plan must show all services. Plants to be used in the street tree planting scheme must:

 

a        be a minimum size of 2 metres in height and have a minimum mature height of 5m.

b        have a 50mm calliper diameter,

c        be sourced from at least a 25 litre container,

d        be protected by a suitable tree guard (eg a 750mm square tree guard made from a 3m “Acacia” panel painted “Caulfield Green”),

e        be suitably supported by two 2100mm black star picket posts,

f        provided with slow release fertiliser,

g        include the provision of 125mm flexible agricultural pipe filled with 14mm blue metal for watering of the plant, and

h        be mulched with 100mm of native tree mulch.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

 

Construction Certificate 

 

8.       Subdivision work the subject of this development consent MUST NOT be commenced until:

(a)  A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b)  The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(c)  The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Section 138 Consent

 

9.       Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Erosion & Sediment Measures

 

10.     Erosion and sedimentation controls are to be in place in accordance with an approved Erosion and Sediment Control Plan.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

 

 

 

Public Liability Insurance

 

11.     The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $20 million. Council is to be nominated as an interested party on the policy. The public liability insurance cover is to be maintained for the duration of the period of the works and during any maintenance period.

Erection of Signs

 

12.     A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Maintenance of sediment and erosion control measures

 

13.     Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Inspection of Public Works

 

14.     Development works on public property are not to proceed past the following hold points without inspection and approval by Council. Notice of required inspection must be given 24 hours prior to inspection. You must quote your construction certificate number and property description to book your inspection.

 

i         prior to commencement of site clearing and installation of erosion control facilities;

j         at completion of installation of erosion control measures;

k        at completion of installation of traffic management works;

l         at the commencement of earthworks;

m       before commencement of any filling works;

n        when the sub-grade is exposed and prior to placing of pavement materials;

o        when trenches are open, stormwater/water pipes and conduits jointed and prior to backfilling;

p        at the completion of each pavement (sub base/base) layer;

q        before pouring of concrete for kerb and guttering;

r         prior to the pouring of concrete for sewerage works;

s        on completion of road gravelling or pavement;

t         during construction of water infrastructure;

u        prior to sealing and laying of pavement surface course.

 

All works at each hold point are to be certified as compliant, in accordance with Council’s current Design and Construction Manuals and Specifications, prior to proceeding to the next hold point. Council will undertake random audits of work sites to verify compliance of public works as required.

 

Construction times

 

15.     Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

Builders rubbish to be contained on site

 

16.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

An ecological consultant must supervise works

 

17.     A suitably qualified and experienced ecological consultant must inspect all native trees that have been approved for removal before they are felled. If there are any koala or other fauna species in the tree, work in the vicinity is to cease until the animal has moved from the area. If it is likely that hollows are providing habitat for native species, traps are to be set for several nights and any native species found must be relocated to an appropriate nearby location.

 

Standards for demolition work

 

18.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

Discovery of a Relic

 

19.     The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

20.     An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Plan of Subdivision and Section 88B Instrument Requirements

 

21.     The final plan of subdivision and an instrument prepared under section 88B of the Conveyancing Act 1919 are to provide for the items listed in the following table. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenants.

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

Dedicated Corner Splays

Dedication of 7.5m corner splays at all street junctions and intersections.

Dwelling Envelope

Restrictions to limit the erection of dwellings to the nominated dwelling envelopes. The dwelling envelopes on lots 1 and 26 are to be located at least 21m from the north-western boundary for compliance with Planning for Bushfire Protection 2006.

Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Right of Carriageway

The creation of a right of carriageway for emergency access from the proposed road over adjoining  Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates and shall be in favour of proposed Lots 1 to 26. The right of carriageway shall extend over the access handle of lot 25. 

Right of Carriageway

In order to provide access for all allotments to the adjoining public open space, provide a right of carriageway 5m wide, or of such width as approved by Council, over proposed Lot 8 or 9 to benefit the owners of Lot 40 DP 711098 (Council). The right of carriageway is to extend from the proposed road to the boundary of Lot 40 DP 711098.

Boundary Adjustment

The boundary between proposed Lot 9 and Lot 40 DP 711098 is to be adjusted to ensure that a 1.5m access way between the dam and the allotment boundary is available for public access within the adjoining reserve. A survey plan demonstrating compliance with this condition is to be submitted to Council prior to the issue of a subdivision certificate.

Asset Protection Zone

A restriction on the land shall be placed on all lots shown on the approved plan, burdening them with the provision of an Asset Protection Zone (APZ) for future dwellings that fall outside their boundaries.

The restriction is to be worded to benefit adjoining allotments and enable future dwellings on them to obtain a bushfire attack level of at least BAL 29. These APZs shall be maintained by the owners of those lots benefited as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document Standards for Asset Protection Zones. This restriction can be extinguished upon commencement of any future proposed residential development on the adjacent lots but only if the hazard is completely removed during the course of undertaking approved works.

Hazard Reduction

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Easement for Services

Where necessary, the creation of suitable easements for services.

 

Lot Sizes

 

22.     All lots are to be no less than 1ha in area. Lot 26 is to have a minimum of 1ha of R5 Large Lot Residential zoned land and all land within the parent lot zoned RU2 Rural Landscape.

 

Completion of All Works

 

23.     All works required by this development consent and associated Construction Certificate (excluding the extension of reticulated water) are to be completed prior to the issue of a subdivision certificate.

          In the event that the proposed allotments are released in stages, each lot being released must have sealed access to an urban area as required by this consent and frontage to a sealed road, with temporary turning heads provided where necessary. Relevant services are to be provided to each lot being released.

         

Notwithstanding the above, this development consent permits Council to approve a subdivision certificate for the release of no more than 1 additional lot (either lot 1 or 26) on the approved plan without the required sealing, intersection, or footpath works being undertaken. This provision is subject to the applicant paying Council a $100,000 bond for future extensions to the Old Coast Road bitumen seal and providing a dual entrance off Old Coast Road designed in accordance with Councils engineering standards to service the two allotments (either lot 1 or 26 and residue lot).

          Note: Should subdivision works be physically commenced, the bond figure is subject to review by Council after five years from the date of this consent.

 

Erection of Street Signs

 

24.     Street signs are to be erected showing the approved street name in accordance with this development consent and the Construction Certificate approval.

 

Rural House Numbering

 

25.     Prior to the issue of a subdivision certificate, apply for and obtain a rural address number for each lot from Council.

 

 

 

 

Redundant Infrastructure

 

26.     Any irrigation pipes or redundant electricity wires within the road reserve to be dedicated to Council are to be removed.

 

Certificates for Engineering Works

 

27.     The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

 

Works-As-Executed Plans

 

28.     Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council’s GIS Officer.

 

Certificate for Pipes, Access Driveways, etc. Within Easements

 

29.     A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements/road reserve.

 

Maintenance Bond

 

30.     A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Record of Infrastructure

 

31.     A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

 

Bushfire Protection

 

32.     In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

(a)    Asset Protection Zones

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(b)   Water and Utilities

Water and electricity are to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)    Access

i.    Public road access shall comply with Section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006’. A temporary turning circle is to be incorporated as part of any staging of the release of allotments.

ii.    The proposed emergency access road on adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates shall:

·      Be pursuant to section 88B of the Conveyancing Act 1919 and in favour of proposed Lots 1 to 26.

·      Be constructed in accordance with Section 4.1.3 (2) of ‘Planning for Bushfire Protection 2006’.

 

Electricity Supply Certificate

 

33.     Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

Telephone Supply Certificate

 

34.     Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

Section 94 Contributions

 

35.     Contributions set out in the following schedule are to be paid to Council prior to the release of the subdivision certificate. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Lot

25

$1,956

$48,900

June 2015

Surf Life Saving Equipment

Lot

25

$110

$2,750

June 2015

Section 94 Administration Charge

10 % of above contributions

$206.60

$5,165

June 2015

TOTAL

$2,272.60

$56,815.00

June 2015

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure that all traffic, car parking and access requirements arising from the development are addressed.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        B1 Carry out water supply work

 

 

Integrated Development:                          Yes – 100B of the Rural Fires Act 1997

 

 

 

 



Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.14    SF674              240915         Extension of Existing Contract for Kerbside Waste Collection and Recycling

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Kerbside Waste Collection and Recycling Contract is due to expire in May 2016. Due to extenuating circumstances (refer to Recommendation 1 above), it is recommended that Nambucca Shire Council does not tender the services under the Collection Contract at this time, but rather extends the current Kerbside Waste Collection and Recycling Contract as set out in Recommendation 2. This will:

 

·           Enable finalization of the Waste Strategy, and for the waste collection services to be aligned with the Waste Strategy;

·           Enable the scope of the Kerbside Waste Collection and Recycling Contract to be included in a broader waste services tender which is anticipated to achieve economies of scale; and

·           Ensure continuity of the services under the Kerbside Waste Collection and Recycling Contract in the interim period.

 

 

Recommendation:

 

1        That pursuant to Section 55(3)(i) of the Local Government Act, Nambucca Shire Council does not call Tenders, at this time, for the Kerbside Waste Collection and Recycling Services (Contract 04/05-183-TO Part 1) due to extenuating circumstances comprising:

 

a        The need for the Regional Resource Recovery and Waste Management Strategy ('Waste Strategy') to be in place before further waste contracts are let to ensure that a cohesive, strategic approach is taken to the delivery of waste services, defining which approach represents best value for rate payers.

b       Economies of scale that could be achieved by including the services under the Collection Contract as part of a future tender for broader waste services.

 

c        There is insufficient time to engage a contractor to ensure continuity of the service without an extension to the existing Contract.

 

2        That Council delegate to the General Manager the authority to negotiate with the incumbent Kerbside Collection and Recycling Contractor being Handybin Waste Services (Coffs Harbour) Pty Ltd, the intention being to extend the existing Collection Contract for an initial period of 1 year, with an option to extend for another period of up to 1 year, on notice from Nambucca Shire Council to Handybin.

 

3        That subject to successful negotiations between Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council and Handybin, a further report be brought to Council for the endorsement of the extension of the term of the Collection Contract.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.

 

 

OPTIONS:

 

Options available include:

a)       Adopt the recommendations which would allow the existing Collection Contract to be extended for one or more periods. This offers the least risk to CCWS for several reasons, including by incorporating a degree of flexibility to enable the Councils to properly plan and deliver a strategy for future waste services.

b)       Amend the recommendations provided to CHCC adopting an alternative extension date. If this date was for a shorter period it would be unlikely to allow sufficient time to tender, evaluate, award and tooling up period for the Collection Contract. This would expose CCWS to the risk of discontinuity of the existing collection and recycling service. This may also limit the participants in the tender process if a shorter 'tooling up' period were involved as it would depend on the capacity of tenderers to deliver the services in a relatively short time frame.

c)       Reject the recommendations provided to CHCC and adopt an alternative that would provide a shorter tender and ‘tooling up’ period. This would also expose CCWS to the risk of discontinuity of the existing collection and recycling service. This may also limit the participants in the tender process if a shorter 'tooling up' period were involved as it would depend on the capacity of tenderers to deliver the services in a relatively short time frame.

DISCUSSION:

 

With the exception of recommendation 4, this report has been prepared by staff of Coffs Harbour City Council (CHCC).

 

Coffs Harbour City Council has entered into a tripartite deed with Nambucca and Bellingen Shire Councils to form Coffs Coast Waste Services ('CCWS').

 

CCWS, through the Councils’ collaboration, have achieved economies of scale, providing best value services for waste collection and processing, as well as providing best practice services.

 

There are two waste Contracts that CCWS are involved in, one of which is the Kerbside Waste Collection and Recycling. ('Collection Contract').

 

The current Collection Contractor is Handybin Waste Services (Coffs Harbour) Pty Ltd ('Handybin') and the contract expires on 27 May 2016. Handybin deliver excellent service to CCWS, providing approximately 87,000 bin pick-ups per week and processing/recycling approximately 300 tonnes of waste per week.

 

CHCC has not gone to tender for the Collection Contract for reasons including as set out below.

 

1        CCWS are currently developing and finalising a new Waste Strategy. CHCC has engaged consultants, Jacobs Group (Australia), to prepare the draft strategy. The current schedule proposes to have the Waste Strategy adopted by the three Councils by the end of 2015. It is important that waste services are delivered based on a cohesive, strategic approach. It is therefore recommended that retender of the Collection Contract is postponed until the Waste Strategy is available. This would necessitate the existing Collection Contract to be extended.

 

2        Economies of scale with respect to the delivery of waste services could be achieved by combining two of the current waste services contracts into a broader waste services contract, (i.e. by combining the parks and litter bin services (CHCC Only) with the major kerbside collection services (CCWS)). It is anticipated that economies of scale could be gained with respect to the contractor’s overhead and administration costs, as well as plant costs, by negating the need to duplicate resources. It is therefore proposed to combine these two waste services into one Collection Contract. This necessitates the alignment of the completion date of the two existing contracts.

 

3        If Council was to go to tender immediately, there would still be insufficient time to ensure continuity of the kerbside collection and recycling service without an extension of the term of the existing Collection Contract. This is due to the time needed to tender, evaluate and engage a contractor, and then a 12 month ‘tooling up’ period for the contractor after award (this 'tooling up' period relates to the time for procuring a fleet of trucks and equipment and for the design, construction and commissioning of any new facility which will be required as part of the delivery of a collection and recycling contract).

 

Tender Requirements

Under the Local Government Act 1993 (NSW) (LGA) and the Local Government (General) Regulations 2005 (NSW) (Regulations) relating to tendering, a Council must invite tenders in circumstances identified in section 55 of the LGA. The Collection Contract falls within section 55 of the LGA for a number of reasons including the fact that the value of the collection services for the proposed extension period will exceed $150,000.00.

This means that CHCC would be required to undertake a tender process because of the application of section 55 of the LGA unless one of the section 55(3) exceptions applies to the Collection Contract. Section 55(3)(i) of the LGA provides that it is not necessary to tender for the following classes of contract:

(i)         a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.

If because of any of the exceptions in section 55(3)(i) of the LGA a satisfactory result would not be achieved by inviting tenders, CHCC could, by resolution, decide:

a)       to extend the existing Collection Contract by an appropriate period, or

b)       to enter into a new contract with respect to the services the subject of the Collection Contract.

Extenuating circumstances within the meaning of section 55(3)(i) of the LGA, exist including for the reasons set out above. In this regard it is noted that 'extenuating circumstances' does not mean 'exceptional circumstances', rather the requirement is that the circumstances are 'sufficiently different to justify not calling tenders'.

In order to carry out an open, transparent and accountable tender process for the collection services, and to obtain best value for money it is proposed to not tender for the collection services at this time but rather to extend the existing Collection Contract.

It is proposed to extend the Collection Contract for one year in the first instance. This extension will:

a)       move the expiry date to a point in time when the Waste Strategy will be in place; 

b)       provide time for CCWS to consider and propose the best approach to waste contracting going forward; and

c)       enable each of the Councils comprising CCWS to properly consider and make the relevant determination.

In addition, an option for another extension by notice from CHCC to Handybin is proposed, for up to one year. This further extension is intended to allow the necessary flexibility such that there would be sufficient time to prepare and conduct a tender of this substantial scope and value, for the Councils to consider the appropriate design and performance requirements for a new Materials Recycling Facility ('MRF'); and for the selected Contractor's 12 month ‘tooling up’ period (should this period commence later than anticipated).

Issues:

 

There are two main issues with the proposed extension to the Collection Contract.

 

The first issue is the willingness of both parties to the Collection Contract to agree to the extension. Informal discussions with the incumbent Contractor indicates a willingness to extend the Collection Contract.

 

The second is the issue of compliance with the LGA and Regulations with regards the calling of tenders and the granting of an extension to the Contract. This second issue is the subject of consideration above.

 

If CHCC (Nambucca Shire Council) resolves to accept the recommendations as written, then the Collection Contract will be extended so that it can be awarded in October 2016, with a 12 month ‘tooling up’ period, the Contractor will take over the service in October 2017. An indicative timeline is attached to this report. (it is not attached but can be made available).

 

The proposed extension period is initially for 1 year, with an option to extend for 1 more period, up to 1 year, on notice from CHCC to Handybin.

 

Conclusion:

 

It is believed that adopting the recommendations as written will reduce CHCC's risks with regards to ensuring an advantageous Contract for waste services. Extending the existing Collection Contract will ensure:

a)       that the service provided will align with the Waste Strategy outcomes;

b)       that the scope of the contract is able to be combined with the other waste services which is likely to provide best value for money for the community, and

c)       continuity of the existing essential collection and recycling service.

Extension of the Collection Contract will require deferral of the tender process at this time. These actions are within the requirements of the LGA and Regulations.

 

 

CONSULTATION:

 

CHCC has received legal advice from Lawyers, HWL Ebsworth, which is subject to Legal Professional Privilege, with regards to compliance with the LGA and Regulations and the existence of extenuating circumstances.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

CCWS provide some of the highest levels of waste services, recycling, reuse and processing in Australia. The extension of the current Collection Contract will have no adverse environmental impact, as it would ensure existing services will be maintained. The extension of the Collection Contract coupled with possible outcomes of the Waste Strategy should provide positive environmental benefits. If the extension is not granted, there is a high risk of discontinuity of the service which would incur the adverse environmental outcomes of increased litter and pollution.

 


Social

 

There is unlikely to be any adverse social impact by the extension of the existing Collection Contract and the delay of a new contract. Local employment and investments will continue, and the service will continue to enhance community wellbeing, by providing a high quality service to the community.

 

Economic

 

The extension of the Collection Contract will continue to provide local employment and services for the community. It will not impact on the positive economic viability that a best practice waste management service currently provides. Continuity of the Collection Contract will continue to enhance tourism and its economic benefits.

 

Risk

 

Pursuant to the LGA, CHCC is responsible for ‘waste removal, treatment and disposal services and facilities’.

 

The outcomes of this report are consistent with Objective LE3.1 of the Coffs Harbour 2030 Community Strategic Plan. CHCC is both a provider and facilitator for this objective and will continue to provide civic leadership with best practice management.

 

The major risks that have been identified and evaluated are:

 

1        Compliance with the LGA and Regulations with regard to the extension of the existing Collection Contract.

 

2        Calling of Tenders with a short Tender and ‘tooling up’ period could result in a non-competitive tender process and possible below standard submissions, as well as the high risk of lowering levels of service.

 

The risks can be controlled by the extension of the existing Collection Contract due to extenuating circumstances.

 

3     Negotiation with the incumbent may not provide a satisfactory outcome for Council.

 

Preliminary informal discussions with Handybin have been positive and this risk is deemed low.

 

The proposed delay of the tender process, and subsequent extension of the existing Contracts is allowable under section 55(3)(i) of the LGA.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Expenditure for the Collection Services is currently included in the Waste Budget. Extensions of the current contracts are not expected to adversely affect the Operation Plan or Delivery Program. The annual value of the Collection Contract is approximately $7.0m.

 

(Note:  The $7m referred to is only for CHCC.  The contract value for the three councils is $10m)

 

Source of fund and any variance to working funds

 

At this stage there is no variance to working funds.  This may change depending upon the outcome of the negotiations and whether or not they are completed before the budget for 2016/17 is finalised.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level implications.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.15    SF1974            240915         Year End Financial Result and Statements - 30 June 2015   

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

A substantial fourth quarter surplus has been attained.  The end of year surplus as it is currently displayed within this June Budget Review, differs significantly to the result forecast at the March Budget Review.  It should be noted though, due to the timing of reports, a number of actions from the June Capital Works report have not been included and will be incorporated with the September Budget Review.

 

Major variations at year end have been a recent trend and a concern in relation to analysis for financial planning. Current budget management procedures will need to be reviewed. It is proposed initially to introduce a procedure where significant budget variations will be added to the Manex A agenda. This will be followed by seeking a more robust informational tool to assist with works programs, preparation of activity budgets and timely review of these budgets.

 

A summary of Current Liquid Equity is shown on page 1 of the attached budget review document. A list of revotes and explanations commence page 2 of the Budget Review document and a review of the estimated results for 2014/15 is discussed below and explanations from responsible officers for items impacting the budget result by 5% and $10,000 are shown from pages 10 to 20. From page 21 actual totals and the variances for each budget review heading are shown.

 

Council’s General, Water Supplies and Sewerage Services funds’ CLE levels are solid enough to deal with moderate unforeseen setbacks.

 

Along with the Financial Report – Statement by Councillors and Management reported at this meeting, the figures are subject to audit which is scheduled to occur on the 30th September 2015 with a final report to Council expected late October early November.

 

 

Recommendation:

 

That the list of revotes be approved and included as subvotes for 2015/16.

 

 

OPTIONS:

 

The June Budget Review is not mandatory since the commencement of the IP&R regime in accordance with paragraph 203 of the General Regulation. Continued reporting year end of budget vs actuals is considered important along with advising of Council’s working funds result and approval of revotes.

 

 

DISCUSSION:

 

 

WORKING CAPITAL RESULTS

 

Current Liquid Equity (CLE) represents Council’s ‘working funds’ account or Council’s short term uncommitted cash and receivables balance. The greater the level of CLE the more ability Council has to manage day to day and short term contingencies. At the 30 June after taking into account non cash operational items such as depreciation and employees leave liability the remaining surplus or deficit either increases or decreases CLE respectively. During a budget year CLE will fluctuate depending on blowouts or savings in expenditure, unplanned inclusions to the budget, and new, greater or less than estimated sources of income.

 

The results shown are preliminary and are subject to any further end of year annual statement procedures and audit. Any changes to the estimated position as a result of the completion of the Annual Statements will be reported as part of the presentation of the audited Financial Statements.

 

Net Change in Working Capital as at 30 June 2015

 

General Fund:               The original 2014/15 budget forecast a net change in working capital of $29,200 deficit. Items revoted from 2013/14 amounted to $467,000. The balance of internal loans borrowed from current liquid equity was $965,238.

 

The estimated 30 June 2015 net change in working capital for the year 2014/15 (incorporating year ending reconciliations as part of the statements preparation post budget review document) is a surplus of $936,631, which changes to a deficit of $1,364,511 after net revotes to 2015/16 of $1,199,500 and internal loans due of $1,101,642. Thus, an improvement in working capital of $67,727 and a surplus of $96,889 on the original budget.

 

Water Supplies:             The original 2014/15 budget forecast a net change in working capital of $9,500 deficit. Items revoted from 2013/14 amounted to $20,000.

 

The estimated 30 June 2015 net change in working capital for the year 2014/15 (incorporating year ending reconciliations as part of the statements preparation post budget review document) is a surplus of $302,574, which remains a surplus of $302,574 after net revotes to 2015/16 of $0. Thus, an improvement in working capital of $322,574 and a surplus of $332,074 on the original budget.

 

Sewerage Services:       The original 2014/15 budget forecast a net change in working capital of $14,000 deficit. There were no 2013/14 net revotes.

 

The estimated 30 June 2015 net change in working capital for the year 2014/15 (incorporating year ending reconciliations as part of the statements preparation post budget review document) is a surplus of $874,653, which changes to a surplus of $808,353 after net revotes to 2015/16 of $66,300. Thus, an improvement in working capital of $808,353 and a surplus of $822,353 on the original budget.

 

It should be noted that not all variations as resolved with Council’s previous meeting’s Capital Works report are included in this June Budget Review as they were not on hand prior to ledger balances and revotes being completed. Any disparities will need to be incorporated in the September Budget Review. Particularly; the $222,000 transfer from the quarry gravel royalty reserve to supplement the rehabilitation and realignment costs of pavement on Valla Road; the revote of $168,000 underspent in the Roads Capital Works Renewal Program; the revote of $85,000 unexpended allocation within the Urban Street Rehabilitation; the revote of the unexpended allocation of $98,000 from the Reseal Programme; the revote of the unexpended allocation of $49,000 of the Gregory St Car Park to fund the Thompson St Car Park; and; any unbudgeted plant items within the $438,000 for plant replacement emanating from the Infrastructure Services restructure.

 

General Activities

 

Current Liquid Equity

 

At the 30 June 2015, the current liquid equity position for General, net of depreciation and employees leave liability provision is estimated as a surplus of $5,595,432. Allowing for net revotes of $1,199,500 and internal loans due of $1,101,642, the adjusted estimated position is $3,294,290 (Surplus).

 

General’s net current liquid equity position at the 30 June 2014, was a surplus of $3,226,563, therefore the estimated position has improved by $67,727. Taking into account the abovementioned Capital Works report items not included in this review other than the plant replacement item, the position declines by $178,000 to a deficit of $110,273 and CLE reduces to $3,116,290. If all the $438,000 for plant replacement is not yet budgeted then CLE will reduce a further $438,000.

 

Current Liquid Equity will still remain in a satisfactory position at $1,300,000 above the minimum level as per Council’s policies.

 

Budget Review Result

 

The 2014/15 General Activities Budget was adopted with a $29,200 deficit.

 

At the September Budget Review, Council’s expected Financial Assistance Grant was reduced by $122,000 after the announcement that the grant would not be indexed for three years. A vote of $68,000 for the Gumma Reserve Aerated Waste Treatment System was also required after the revote was not shown with the June 2014 Budget Review. Statewide Mutual property insurance premium rebate of $63,000 was removed from the budget and a further $50,000 for Gumma Rd was included. The net impact on the result of all variances was a $268,000 deficit to the original budget.

 

Although a slight decline of $6,100 was forecast with the December review a number of positive variations were able to offset an additional $101,000 for Touts Bridge.

 

Despite $105,000 in additional revenue for bulk tipping fees as a result of the highway construction, a significant decline in the result of $215,600 was forecast with the March Budget Review. The major variances were redundancy costs totalling $170,000 and a variance of $70,000 for the “betterment” section of pavement on Taylors Arm Rd.

 

The end of year surplus as it is currently displayed within this June Budget Review, contradicts that predicted at each of the previous Quarterly Budget Reviews. A $783,000 surplus from the predicted March Budget Review has been forthcoming. As mentioned in the corresponding report last year this has been a growing trend in recent years and is a concern that various major revenue and expenditure budget items aren’t acknowledged until year end. It is again reiterated that if council was devoid of adequate working funds this phenomenon would create problematic cash issues. Notwithstanding, accurate budget calculation and analysis along with timeliness of budget variations is critical for Council’s financial planning. It is evident that current budget management procedures will need to be reviewed. It is proposed initially to review the budget exception reporting mechanism and introduce a procedure where a table of significant budget variations will be added to the Manex A agenda. This will be followed by a more robust informational tool to assist with works programs, preparation of activity budgets and timely review of these budgets.

 

The following provides a brief review of the major variations in General Activities for the final quarter.

 

Forecast Real Estate sales did not eventuate during the year and now are expected to occur in October. The $300,000 from these expected sales to balance the original budget was therefore unable to be utilised and the development costs incurred have resulted in the Land Development reserve overdrawn by $120,000 until replenished by the sales in October.

 

There were some substantial savings in roads maintenance both sealed and unsealed totalling $427,000. Bridge & culvert maintenance costs were also under budget by $26,000. Kerb & Gutter costs were also overestimated resulting in a saving of $24,000. Further redundancy costs of $124,000 were experienced in the Transport & Communication activity. Street lighting energy costs were underestimated by $68,000. The costs for McNeill Close for stormwater works impacted on the budget by $56,000. Also, the Works Depot improvements varied from the original budget where Water & Sewerage were to contribute 100% but were only responsible for 50% and therefore expected general fund revenue was down $37,000.

 

As reported in December, Council should expect savings in salaries and wages from the annual pay increase of the new Local Government (State) Award being 2.6% as opposed to the original budget framed on 3.25%. No adjustment to the budget was made and therefore these savings have contributed somewhat to the surplus. Additionally, in relation to employee costs, savings were also forthcoming in Corporate Services with positions vacated and unfilled for periods throughout the year. The overall saving in Corporate Services employee costs was $130,000. Overall supervisory vehicle costs not costed directly to jobs were overestimated by $73,000. Also, the ‘Call Centre’ establishment costs of $20,000 were not required in the 14/15 budget. Further, expected insurance claims were also down providing a saving of $22,000 as well as an insurance claim of $26,000 for the ‘write off’ damage to a utility.

 

In Environment & Development, a continued rise in the value of development has seen further income from DA and Complying Development fees of $30,000. Construction Certificates, Complying Development and associated building/plumbing inspections yielded an additional $45,000. Cemetery Fees revenue also exceeded budget by $26,000. Parking revenue was also up by $23,000 after the re-establishment of an alternating roster including weekend patrols.

 

Changes made to the operations in Town Services towards the end of the year provided a saving of $46,000 in Street Cleaning. This was more than offset by the capital purchase of solar waste compactor bins totalling $73,000 not previously included in the budget and severance payments to Town Services staff of $20,000. Also, Public Amenities maintenance was underestimated by $28,000.

 

An unbudgeted grant for Southern Key Threatening weed species was the prime contributor to the additional $37,000 in revenue to that budgeted in Noxious Weeds.

 

In Public Recreation & Culture a cost of $58,200 for two more redundancies in Parks & Reserves was incurred. Maintenance to Parks & Reserves Grounds was down by $44,000. Two renewed caravan park leases generated an additional $24,000 in revenue. Libraries administration expenditure was overestimated by $21,000. The Aquatic Centre contract and management fee was under budget by $31,000 but was partly offset by the urgent need to purchase a vacuum cleaner and deep fryer costing around $22,000.

 

Disposal to the landfill again exceeded expectations in the final quarter and associated landfill levy costs and revenue and gate fees saw an additional $62,000 recouped in Domestic Waste along with savings in operational employee and plant costs of $105,000. As Domestic Waste Management is a self-funding activity the net surplus was transferred to the Domestic Waste Management Reserve. In Other Waste the additional disposal of material saw a further increase in income of $74,000.

 

 

Water Supplies

 

Current Liquid Equity

 

The current liquid equity position for Water Supplies, net of depreciation is estimated as a surplus of $2,612,067. Allowing for net revotes of $0, the adjusted estimated position remains at $2,612,067 (Surplus).

 

Water Supplies’ net current liquid equity position at the 30 June 2014, was a surplus of $2,289,493, therefore the estimated position has improved by $322,574.

 

Current Liquid Equity levels remain strong at approximately $1,000,000 above the minimum level as per Council’s policy.

 

Budget Review Result

 

Council adopted a $9,500 deficit net change in working capital in the original budget.

 

A number of minor variations resulted in a decline of $42,100 on the Original Budget at the September Budget Review.

 

There was no change to the forecast result at the December review.

 

The March review forecast a significant surplus at year end and a number of major variances. A reduction in the forecast pumping costs for the Off River Water Storage Facility of $410,000 and an additional subsidy claim for seepage of $487,000 was included. Also in relation to the dam a further subsidy of $444,000 not shown in the original budget was included which was offset by a subsidy reduction of $189,000 in relation to GST not included in a 13/14 claim. There were also additional dam maintenance costs of $65,000 along with capital costs of $225,000. A review of interest on investments saw a decrease in forecast returns for Water of around $144,000.

 

The variation from the March quarter was impacted by a number of items. The anticipated loan draw down in relation to the final construction costs of the Dam was not required producing a $136,000 saving to the budget. The less than estimated contribution towards the Works Depot improvements mentioned earlier provided a $51,000 saving as the original budget was also overstated. Also, reimbursement of water savings devices has also declined saving $21,000. Savings were also experienced in the timing of bulk purchases of fluoride of $29,000, a further saving of $82,000 to that previously brought to account was experienced in pump station maintenance through the lower than anticipated operation of pumps. With the new Dam maintenance costs difficult to predict at present there was a $46,000 saving to the budget. Water mains issues were fewer this year for both Nambucca and Bowraville which contributed to a saving of $59,000.

 

With lower than anticipated operational costs the overhead distribution was less by about $47,000. Interest on investments along with rental income were $43,000 above budget.

 

All the savings mentioned above were partly offset by a deficit in water sales income of $210,000. Also the transfer from the augmentation reserves was not adjusted down at the March BR as a result of the additional Water Storage claim for seepage and subsidy and therefore a $517,000 adjustment to the transfer to reserve was made at year end.

 

 

Sewerage Services

 

Current Liquid Equity

 

The current liquid equity position for Sewerage Services, net of depreciation is estimated as a surplus of $2,068,373. Allowing for net revotes of $0, the adjusted estimated position remains $2,002,073 (Surplus).

 

Sewerage’s net current liquid equity position at the 30 June 2014, was a surplus of $1,193,720, therefore the estimated position has improved by $808,353.

 

Current Liquid Equity levels have improved and are satisfactory at approximately $600,000 above the minimum level as per Council’s policy.

 

Budget Review Result

 

Council adopted a $14,000 deficit net change in working capital in the original budget.

 

A decline of $7,500 on the Original Budget was experienced with the September Budget Review.

 

An improvement of $15,000 was forecast with the December Review.

 

The March Budget Review improved the result to a $569,500 surplus. The major variation was the deferral of the Bowraville Sewerage Treatment Plant Constructed Wetland capital works which contributed $440,000 to the forecast result.

 

For the final quarter, as with Water Supplies, a saving of $51,000 in the contribution to the Works Depot improvements occurred. There was a saving of $104,000 in Filtration Plant maintenance as a result of a reduction in energy prices from the carbon tax and other reform. A delay in the supply of an electrical switchboard resulted in a saving of $66,000 for the 14/15 year to pump station capital and will be rescheduled into the future program. A change to the contract to reline sewer mains was required as some lines were in poor condition and will require open excavation in the future. This deferral provided a saving of $30,000 Further, the figure provided for plant hire internal recovery was overestimated by $42,000.

 

 

 

CONSULTATION:

 

General Manager

AGMCS

AGMES

Accountant
Budget item responsible officers

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

 

 

Attachments:

1

29334/2015 - June 2015 BR

 

  


Ordinary Council Meeting - 24 September 2015

Year End Financial Result and Statements - 30 June 2015   

 













































































Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.16    SF452              240915         Nambucca Waste Management Facility

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Simon Chapman, Waste Management Officer; Joanne Hudson, Manager Human Resources; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

The retirement of Councils long servicing Attendant/Operator has enabled an assessment of the operating hours and staffing requirements for the Waste Facility.

 

It is proposed that Council reduce the opening hours of the Waste Depot by 1 hour per day and replace the vacant position with 2 x permanent/part time gatehouse attendants for a combined cost saving to Council of $17,347.22 per annum.

 

It is also proposed that the Waste Depot become a cashless facility from 1 July 2016 to avoid the risk of armed robbery, break and enters, and cash misappropriation.

 

 

Recommendation:

 

1        The hours of operation for the Nambucca Waste Management Facility be reduced to 8am to 4pm 7 days per week week with the Facility to remain closed on all public holidays.

2        The Nambucca Waste Management Facility moves to become a cashless facility from 1 July 2016 and in the interim there be extensive advertising of this fact by way of signage at the Waste Depot, by an article in Council’s rates newsletter and through advertising in newspapers.

3        That Council advertise 2 x permanent/part time gatehouse attendant positions.

 

 

OPTIONS:

 

1.       Maintain the current hours of operation for the Nambucca Waste Management Facility being 7.30am to 4.30pm 7 days a week with the Facility to remain closed on all public holidays.

2.         Continue to accept cash payments for transactions

3.         Advertise 1 x fulltime gatehouse attendants position or 1 x fulltime attendant/operators position

4.         Suggest other options

 

DISCUSSION:

 

Hours of Operation – The Nambucca Waste Management Facility’s current hours of operation are 7.30am to 4.30pm 7 days a week with the Facility closed on all public holidays.

The table below provides a weekly seasonal snap shot of the first and last vehicles to enter and exit the facility during the 2014/15 period,

Season

First Vehicle In (AM)

Last Vehicle Out (PM)

Summer

7:47, 8:06, 9:04, 8:07, 7:31, 7:47, 7:38

15:33, 15:45, 16:17, 16:05, 15:54, 14:53, 16:03

Autumn

8:21, 7:33, 7:32, 7:44, 8:18, 7:39, 7:50

15:42, 15:56, 16:15, 16:09, 15:59, 16:08, 16:15

Winter

7:47, 7:51, 7:59, 7:56, 7:30, 8:53, 8:07

16:00, 15:50, 15:49, 16:19, 16:11, 16:02, 16:08

Spring

8:43, 7:32, 7:28, 8:04, 7:51, 8:02, 8:11

15:42, 16:14, 16:17, 14:52, 15:30, 16:08, 15:59

 

Based on the above data if Council reduces the hours of operation for the Nambucca Waste Management Facility to 8am to 4pm 7 days per week with the Facility remaining closed on all public holidays it would not have a huge impact on the community as the majority of vehicles appear to utilise the waste facility between the proposed change of hours.   The proposed change of hours would reduce Council’s staffing requirements by 1 day per fortnight.  This is explained further in the report.

Payment Methods - The Nambucca Waste Management Facility currently accepts transactional payments by way of cash, cheque, credit cards, EFTPOS and account.

The table below identifies the breakup of payment methods for the 2014/15 period:

Payment Method

Transaction Count

Dollar Amount

Cash

14,057

$117,170.43

Cheque

95

$7,974.99

Credit Card

479

$42,769.59

EFTPOS

1,843

$67,413.97

Accounts

3,743

$631,710.67

 

Based on the above data, if Council moves towards becoming a cashless facility from 1 July 2016 at the Nambucca Waste Management Facility it would appear to have a reasonable impact on the community as the most common payment method is by way of cash. Staff at the facility indicate that the majority of cash users are among the older rural population. 

However the risk to Council and its employees by offering a cash service is quite high due to the threat of armed robbery and break and enters. This can be either at the waste facility site or whilst employees are undertaking the daily banking whereby the cash takings are delivered to the nominated banking institution in person or via the banks night safe.

There is also the risk of cash misappropriation by staff which can be managed by robust internal control measures but is a risk nevertheless (as with all cash handling activities).

By moving towards becoming a cashless facility, the threat of armed robbery, break and enters, and cash misappropriation, will be removed however this may increase illegal dumping and outstanding transactions which would need to be followed up by Council’s Finance Department.

Staffing - The Nambucca Waste Management Facility staff are currently employed on a nine day fortnight, spread of hours covering the 7 day a week operation. This leaves a gap in the roster of 1 day per fortnight which is filled by a permanent Council employee from another section (on overtime rates), or by labour hire personnel.

The following table identifies the current staffing roster:


 

An unpaid lunch break of 49 minutes will be taken within the first five hours of each working day.

 

 

Week Commencing Saturday 12 September 2015. Hours 7.30am to 4.45pm

 

          Casuals

Saturday

Supervisor

 

Vacant

 

Sunday

Supervisor

 

Vacant

 

Monday

Supervisor

 

Vacant

 

Tuesday

Supervisor

 

Vacant

 

Wednesday

Supervisor

 

Vacant

 

Thursday

Supervisor

Attendant/Operator

 

 

Friday

Supervisor

Attendant/Operator

 

 

 

 

Week Commencing Saturday 19 September 2015. Hours 7.30am to 4.45pm

 

           Casuals

Saturday

 

Attendant/Operator

Casual

Sunday

 

Attendant/Operator

Vacant

 

Monday

Attendant/Operator 

Vacant

 

Tuesday

 

Attendant/Operator

Vacant

 

Wednesday

 

Attendant/Operator

Vacant

 

Thursday

Supervisor

Attendant/Operator

 

 

Friday

Supervisor

Attendant/Operator

 

 

 

A review of staffing arrangements indicates the vacant position could be amended from an Attendant/Plant Operator to Gatehouse Attendant which would be a lower pay rate.

There is also the option of replacing the vacant position with 1 full-time (10 days per fortnight) or 2 part-time (5 day per fortnight) alleviating the need to bring in a person 1 day per fortnight.

However the “downgrading” of the position comes with the loss of multi-skilling opportunities for the work team with the possibility of a relief operator being required if the Supervisor or Attendant/Operator are both on leave.  As the previous incumbent to the vacant position was not operating the compactor, the opinion of management is that the best option is to recruit for a Gatehouse Attendant/s and not an Attendant/Plant

There would be cost savings of $17,347.22 per annum by reviewing the position and the working hours arrangements as per the recommendation.

The following tables indicate the difference in costs:


 

Staffing cost under current arrangements:

Staffing

Days per fortnight

Cost per fortnight

(exc on-costs)

Cost per annum

(exc on-costs)

Cost per annum

(incl 42 % on-costs)

1 x full-time

Supervisor

9

2,647.78

68,842.28

97,756.03

2 x full-time

Attendant/Operator

18

4,912.94

127,736.44

181,385.74

1 x part-time

Attendant/Operator

1

448.58

11,663.08

16,561.57

 

28

8,009.30

208,241.80

295,703.34

 

Staffing cost under proposed arrangements:

Staffing

Days per fortnight

Cost per fortnight

(exc on-costs)

Cost per annum

(exc on-costs)

Cost per annum

(incl 42 % on-costs)

1 x full-time

Supervisor

9

2,647.78

68,842.28

97,756.03

1 x full-time

Attendant/Operator

9

2,348.23

61,053.98

86,696.65

1 x full-time or

2 x part-time

Attendant

10

2,543.43

66,129.18

93,903.43

 

28

7,539.44

196,025.44

278,356.11

 

Considerations also included the outsourcing of the vacant position to a Security Company to undertake the operations and banking requirements of the position however initial quotations received indicated there would be no cost advantage to Council.

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Human Resources

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

All self-hauled waste materials received at the Nambucca Waste Management Facility are source separated with all recyclable materials being reprocessed through the materials recycling facility and biomass plants located at the Coffs Coast Resource Recovery Park in Coffs Harbour.  All reject, residual and inert materials are landfilled at the waste depot.

 

Social

 

Community expectations are to be met in terms of waste and recycling disposal options.

 


Economic

 

A potential decrease in income from waste disposal charges due to a change of operational hours and the Waste Management Facility becoming cashless.  The first of these is considered to be negligible and the second is likely to be overcome with an appropriate phase in period.

 

Risk

 

Potential increase in illegal dumping and outstanding transactions due to a change of operational hours and the Waste Management Facility becoming cashless

 

However the significant existing risks of armed hold up, break and enter and cash misappropriation would be avoided.  The potential workers compensation costs associated with armed hold up should not be underestimated.  No matter the level of training provided to Council staff to deal with such situations, they can be traumatic and have long term psychological and physical impacts.  With most people having the ability to undertake electronic transactions the risks and costs associated with cash handling at remote work sites can now be overcome.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Current and future budgets will need to reflect the changes

 

Potential savings identified: $17,347.22

 

Source of fund and any variance to working funds

 

No identifiable variance at this point

 

Service level changes and resourcing/staff implications

 

The proposed changes to the operational hours at the Waste Management Facility do represent a minor decrease in service levels but which will provide a $17,347 per annum improvement to the waste service budget.  This will ultimately be reflected in waste charges being less than they otherwise would.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           24 September 2015

General Manager's Report

ITEM 9.17    SF399              240915         Local Government Grants Commission - Details of 2015-16 Grant Calculations and Submissions Relating to 2016/17 Grants

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information from the Local Government Grants Commission on the 2015-2016 grant calculations and submissions relating to the 2016-17 grants be received.

 

 

OPTIONS:

 

Council can choose whether or not to make a submission.

 

Council could invite a representative of the Local Government Grants Commission to provide another briefing on their activities.

 

 

DISCUSSION:

 

The Council has received the attached letter from the Local Government Grants Commission setting out its calculations for this Council’s share of Financial Assistance Grants.

 

The Local Government Grants Commission provides the opportunity for councils to make submissions in relation to the distribution of financial assistance grants.  Submissions need to be lodged by 30 November 2015.

 

Council has previously made submissions in relation to the permanent occupation of caravan parks being a revenue disability (allowance).  Council’s submission was not accepted.

 

The Grants Commission has requested their letter be tabled at this Council meeting.

 

It is open for Council to make a submission to the Grants Commission with the understanding that the formula for disability factors and allowances has been extensively tested over the decades.

 

Besides the disability factors and allowances Council can also query the figures applied to this LGA.

 

The Grants Commission periodically travel to NSW Councils explaining the process and the outcomes for individual councils.

 

Given previous efforts and available resources it is not proposed that Council make a submission but the offer is open to Councillors to identify any matters which they believe should be raised in a submission.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

29007/2015 - Details of Grant Calculations

 

  


Ordinary Council Meeting - 24 September 2015

Local Government Grants Commission - Details of 2015-16 Grant Calculations and Submissions Relating to 2016/17 Grants

 





























 


Ordinary Council Meeting                                                                                           24 September 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2114            240915         Financial Report – Statement By Councillors And Management – 30 June 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

Attached is the completed 2014/2015 primary financial reports.  These primary reports and the full set of financial statements have not yet been audited and may change after the audit.

 

Council is required to make declarations under Section 413(2) (C) of the Local Government Act, Local Government Code of Accounting Practice and Financial reporting as per the following recommendations and detailed in the discussion.

 

Council’s financial reports must include a statement in approved form as set out in Sect. 215 of the Local Government (General) Regulation as to its opinion on the general purpose special purpose financial reports.  The declarations are required under the Local Government Act and Local Government Code of Accounting Practice and Financial Reporting and therefore needed in order for the audit to be commenced.

 

 

 

Recommendation:

 

1        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

OPTIONS:

 

Council has the option to form another opinion on the Financial Reports bearing in mind that the audit will need to be deferred until Council agrees to make a statement on the Financial Reports in the approved form.

 

 

DISCUSSION:

 

The audit is scheduled to occur from 30 September – 2 October and it is expected it will be completed to allow the audited Statements to be provided to the Department before the 31 October 2015 and presented to the Public prior to the end of November 2015.

 

A further report of the results for 2014/2015 will be presented to Council prior to presentation to the public.

 

In accordance with the requirements of Section 413(2)(C) of the Local Government Act and the Local Government Code of Accounting Practice and Financial Reporting, Council is required to prepare statements in the approved form as to its opinion on the general purpose and special purpose financial reports.

 


The General Purpose Reports Statement by Councillors and Management declares:

 

1          That the Financial Reports to be submitted to the Auditor have been drawn up in accordance with:

·                 The Local Government Act 1993 (as amended) and the Regulations made thereunder

·                 The Australian Accounting Standards and professional pronouncements, and

·                 The Local Government Code of Accounting Practice and Financial Reporting

 

2          That the Financial Reports also:

 

·              Present fairly the Council’s operating result and financial position for the year, and

·              Accords with Council’s accounting and other records.

 

3          That we are not aware of any matters that would render the reports false or misleading in any way.

 

The Statement must be made by resolution of Council and be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.  The Statement has to be completed and attached to the relevant annual financial reports so that the audit process can continue.

 

The Special Purpose Reports Statement must also be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.

 

The Statement declares:

 

1          That the Special Purpose Financial Statements have been prepared in accordance with the Local Government Code of Accounting Practice and Financial reporting and the:

 

·        NSW Government Policy Statement “Application of National Competition Policy to Local Government”

·        The Division of Local Government Guidelines “Pricing & Costing for Council Businesses - A Guide to Competitive Neutrality”

·        The Local Government Code of Accounting Practice and Financial Reporting

·        The NSW Office of Water (Department of Environment, Climate Change and Water) Guidelines – “Best Practice Management of Water and Sewerage”.

 

2        These reports, to the best of our knowledge and belief:

 

·        Present fairly the Operating Result and Financial Position for each of Council’s declared Business Activities for the year, and

·        Accords with Council’s accounting and other records

 

3          That we are not aware of any matter that would render the reports false or misleading in any way.

 

CONSULTATION:

 

·              Local Government Act 1993

·              Local Government (General) Regulation 2005

·              Local Government Code of Accounting Practice and Financial Reporting

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable 

 

FINANCIAL IMPLICATIONS:

Refer to discussion.

 

Attachments:

1

29105/2015 - Primary Reports for Financial Statements 2014/2015

 

  


Ordinary Council Meeting - 24 September 2015

Financial Report – Statement By Councillors And Management – 30 June 2015

 






Ordinary Council Meeting                                                                                           24 September 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF355              240915         Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2015

 

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

 

Summary:

 

The Local Government Act 1993 requires that Councillors and designated persons submit returns disclosing their pecuniary interests and other matters annually.

 

 

Recommendation:

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2015 be tabled.

 

 

 

OPTIONS:

 

There are no options.  Section 450A of the Act requires the returns to be tabled.

 

 

DISCUSSION:

 

The General Manager is obliged to ensure returns are tabled in accordance with Section 450A of the Local Government Act.

 

In accordance with Section 450A of the Local Government Act, I hereby inform Council that returns disclosing interests of Councillors and designated persons have been received from:

 

Councillors

Rhonda Hoban; John Ainsworth; Martin Ballangarry OAM; Brian Finlayson; Paula Flack; Kim MacDonald; Bob Morrison; Anne Smyth; Elaine South.

 

Designated Staff

Michael Coulter; Paul Gallagher; Scott Norman; Craig Doolan; Joanne Hudson; Wayne Lowe; Daniel Finlayson; Paul Guy; Coral Hutchinson; Richard Spain; Keith Williams; Clint Fitzsummons.

 

 

CONSULTATION:

 

There has been follow up for outstanding returns with Councillors and designated persons.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on 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 are no changes to service levels or resourcing/staffing implications.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                           24 September 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF321              240915         Missabotti Community Centre Committee of Management AGM - 9 August 2015 - Minutes

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Missabotti Community Centre Committee of Management and the new Committee.  Copies of the Minutes and the Treasurer’s Report are attached.

 

 

Recommendation:

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 27 July 2014, and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Missabotti Community Centre Committee of Management was held on 9 August 2015.

 

The Committee of Management for 2015/2016 is:

 

President                        Dawn Kennedy

Vice President                 June Owen

Secretary                        Diana Trilsbach

Treasurer                         Marnie Moran

Committee Members       Mal Ray, Kerry Smith, John Owen, Adrian Weir, Brian Creevey and Steve Hayes

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

Attachments:

1

27464/2015 - AGM Minutes 9 August 2015

 

  


Ordinary Council Meeting - 24 September 2015

Missabotti Community Centre Committee of Management AGM - 9 August 2015 - Minutes

 

 

MISSABOTTI COMMUNITY CENTRE

ANNUAL  GENERAL  MEETING

9TH AUGUST 2015

 

Meeting opened: 1015 am

 

Chairperson Dawn Kennedy presides over the following items:

 

Welcome

 

Present:    Dawn Kennedy, Diana Trilsbach,  Marnie Moran,   June, John and Kevin Owen, Tina Holmes, Brian Creevey, Hugh Frazer

 

Apologies: Adrian Weir (Proxy - Tina Holmes)  Kerry Smith and Mal Ray (Proxy - Brian Creevey)

 

Minutes of Previous AGM 27 July 2014. Read.  Moved: Brian Creevey  Seconded: Hugh Frazer.  Carried

 

Treasurer's Report: Read.  Moved: Dawn Kennedy  Seconded:  Tina Holmes.  Carried

 

All positions declared vacant and Hugh Frazer appointed Returning Officer takes the chair.

 

Election of office bearers

 

Chairperson:   Nominated: Tina Holmes, Seconded: Brian Creevey:                   Dawn Kennedy

 

Vice Chairperson:   Nominated: Dawn Kennedy   Seconded: Diana Trilsbach   June Owen

 

Secretary:   Nominated:  Tina Holmes,  Seconded: Dawn Kennedy :                    Diana Trilsbach

 

Treasurer:    Nominated: Diana Trilsbach   Seconded: Tina Holmes :                    Marnie Moran

 

Committee MembersMal Ray,  Kerry Smith,  John Owen, Adrian Weir, Brian Creevey, Steve Hayes

 

No Annual Fees Required

 

Chairperson Dawn Kennedy thanked Hugh Frazer for presiding as Returning Officer and welcomed

the new Committee.

 

AGM CLOSED: 10.35 am at the Missabotti Hall.

  

 


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Ordinary Council Meeting                                                                                           24 September 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2139            240915         Proposed Pressure Sewerage for South Nambucca

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council has received a number of reports including a concept design report on the provision of a sewerage system to the South Nambucca area.

 

Council has also been successful in obtaining a Federal Grant of $241,240 through the National Stronger Regions Program for the construction of the sewerage system.

 

Kingsworth Estate residents have provided an overwhelming response that they do not support the ex