NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

26 November 2015

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

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

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 26 November 2015

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 12 November 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.................................................................................... 17

9.2     Section 88b Instrument - request removal of restriction - T100659 Lot D DP 420534 Wallace Lane Macksville...................................................................................................................... 24

9.3     Macksville Traffic Study Outcomes and Revitalisation Strategies...................................... 26

9.4     Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 2015.............................................................................................................................. 36

9.5     Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley..................................................................................................................................... 39

9.6     Classification of Lot 2 DP 1173066, 6857 Pacific Highway, Valla....................................... 55

9.7     Obtaining a Dividend from the 2015 Surplus in Council's Water Operations........................ 57

9.8     Donation to the Nambucca River Festival - Waste Processing Costs................................. 64

9.9     Development Application - Use of Building as Depot....................................................... 67

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................... 93

10.2   Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 8 November 2015.............................................................................................................................. 94

10.3   Year End Financial Statements – 30 June 2015............................................................... 101

10.4   September 2015 Budget Review.................................................................................... 118

10.5   Annual Report 2014-2015............................................................................................... 121

11      Assistant General Manager Engineering Services Report

11.1   Appointment of State Emergency Service Acting Volunteer Local Controller.................... 123

11.2   Capital Works Report - September 2015......................................................................... 127

11.3   Bowra Dam - Variation to Licence Conditions for Environmental Release......................... 132

11.4   Draft Water Supply Policy............................................................................................. 135

11.5   Waste Management - Coffs Coast Region Resource Recovery & Waste Management Stragety    180    


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

12.1   Development Application - Use of Building as Depot - Confidential Attachment for Report in Open

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

TIME

 

DESCRIPTION

 

WHERE

 

4.00 pm leave Chambers

Item 9.9       Development Application - Use of Building as Depot

Onsite

5.30 pm

Item    Year End financial Statement 30 June 2015

Presentation by Mr Geoff Allen of Forsyths

CC

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 12 November 2015

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

 

 

PRESENT

 

Cr John Ainsworth (Deputy Mayor)

Cr Brian Finlayson

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

APOLOGIES

 

Cr Rhonda Hoban (Mayor); Cr Paula Flack

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 11.4 Plan of Management for the Unofficial Rest Area on Link Road, Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads; he holds no Executive position in the Club and is not involved in any decision making committees.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 12.1 Outstanding Water Account under the Local Government Act as Cr Morrison is a member of the Nambucca Heads Golf Club, he holds no Executive position in the Club and is not involved in any decision making committees.

 

Councillor BJ Finlayson declared a pecuniary interest in Item 10.3 Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval under the Local Government Act as Cr Finlayson is a director of a company with current development applications before Council .  Cr Finlayson left the meeting for this item.


 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 October 2015

 

12098/15 RESOLVED:     (South/MacDonald)

 

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

 

In regard to Item 10.4 – Geotechnical Report – 2 Nelson Street, Nambucca Heads, Cr Morrison’s motion “That Council agree with the Crown Lands recommendation as stated in their letter of 16 January 2014 and supports the revised application of the Leckie’s to acquire a small section of Gordon Park (290m2) in accordance with the recommendation of Crown Lands at a price to be determined by an independent Valuer agreed to by both parties taking into account the costs to the application of having to fix up the retaining wall, present damage to their house and to the land slippage problems”.  The motion was withdrawn.


 

 

PUBLIC FORUM

 

RESOLVED:

 

That the following Public Forum be heard:

 

i)          Mr Paul Foley Use of the Macksville Senior Citizens Centre

·                7 years at Macksville Senior Citizens Centre

·                From $15 to $36 per class

·                Approx. 30 seniors taught in his classes

·                Advised that Mayor said he could use Centre for free but over ruled by Council staff

·                Misguided decision by Council staff (staff misinformed)

·                Venue at Stuarts Point is free and is paid by Kempsey Council to conduct the classes – for the past 7 years

·                Ex services Club will let him use the facility for free

·                Mayor offered to pay from her allowance

·                Highly recommended by recognised USA authorities that people over 64 should undertake weight training (at least)

·                Requested that Mr Foley’s class not be charged – ie it should be free to run a senior citizens activity

 

2099/15 Resolved:       (Finlayson/Morrison)

 

That Council be provided with a report in regard to the increase in Council’s fees for the Macksville Senior Citizens Centre including any grant funding possibilities.


 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

General Manager Report

 

ITEM 9.1      SF959                121115      Outstanding Actions and Reports

2100/15 RESOLVED:       (Finlayson/South)

 

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

 


 

 

ITEM 9.2      PRF16                121115      Site Inspection - Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads (EJ Biffin Playing Fields)

2101/15 RESOLVED:       (MacDonald/South)

 

That, as a result of a site inspection on 29 October 2015, Council notes the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility; and that the proceeds be placed in reserve funds for use on agreed projects at the EJ Biffin Fields and the General Manager review the opportunity for grant funding for any of the proposed items mentioned in the report.

 


 

 

ITEM 9.3      SF657                121115      Representations concerning the Stricter Interpretation of the Australian Government's Natural Disaster Relief and Recovery Arrangements - Response from the Hon. David Elliot MP

2102/15 RESOLVED:       (Finlayson/Smyth)

 

That the information concerning the outcome of representations made by Council in relation to the stricter interpretation of the Australian Government’s Natural Disaster Relief and Recovery Arrangements be received.

 


 

 

ITEM 9.4      SF2025              121115      "Local Government in New South Wales" - Report of NSW Legislative Council General Purpose Standing Committee No. 6

2103/15 RESOLVED:       (Finlayson/South)

 

That the information concerning the report issued by the NSW Legislative Council General Purpose Standing Committee No. 6 into Local Government in New South Wales be received.

 


 

 

ITEM 9.5      PRF30                121115      Rotary Lookout Nambucca Heads - Concept Improvements

2104/15 RESOLVED:       (Morrison/Finlayson)

 

1        That Council endorse the draft concept for staged implementation as funding becomes available.

 

2        That Council note that the Crown does not permit the transfer of $30,000 Crown Reserve grant funds from the pedestrian bridge to the Rotary Lookout improvements; and that Council approach the Minister for Primary Industry, Land and Water advising him of the present situation and that Council is willing to provide matching funding to the funding provided by Rotary and requests the Minister to reconsider their allocation of funds and advising him of the community’s support for this community initiated project

 

3        That Council note the contribution of $3,500 cash and $3,500 in-kind support being offered by Rotary towards the project.

 


 

 

ITEM 9.6      SF1496              121115      Minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting held 17 September 2015

2105/15 RESOLVED:       (MacDonald/South)

 

That Council endorse the minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee held Thursday 17 September 2015.

 


 

 

ITEM 9.7      SF688                121115      Environmental Levy - Status Report

2106/15 RESOLVED:       (Finlayson/Smyth)

 

That Council note the status of Environmental Levy Projects.

 


 

 

ITEM 9.8      SF1852              121115      Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

2107/15 RESOLVED:       (Morrison/Finlayson)

 

That Council proceed with the exhibition of the planning proposal in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

 

For the Motion:               Councillors Ainsworth Morrison Smyth Finlayson MacDonald and South                                               (Total 6)

Against the Motion:         Nil

 


 

 

ITEM 9.9      PRF47                121115      Dawkins Park - Macksville

2108/15 RESOLVED:       (Finlayson/Smyth)

 

1        That staff commence ecological investigations into flora and fauna that are present in Dawkins Park.

 

2        That Council endorse the draft concept for public consultation purposes.

 

3        That Council commence the preparation of a Plan of Management for Dawkins Park which will incorporate a concept plan for the reserve.

 


 

 

ITEM 9.10    SF239                121115      Adoption of the Score on Doors Program - Hygiene and Food Safety

2109/15 RESOLVED:       (MacDonald/Finlayson)

 

1        That Council adopts the ‘Scores on Doors’ program for its food businesses on a trial basis for this financial year to promote compliance with hygiene and food safety standards, promote consumer trust in food businesses and to further the reputation and economy of food businesses in the Nambucca Valley.

 

2        That the initiative be included in Council’s food business inspection program.

 


 

 

ITEM 9.11    SF2151              121115      Living Coast Festival

2110/15 RESOLVED:       (Finlayson/MacDonald)

 

That the information in the report be noted.

 


 

 

ITEM 9.12    SF2038              121115      Outstanding DAs greater than 12 months OR where submissions received - 21 October - 3 November 2015

2111/15 RESOLVED:       (Finlayson/Morrison)

 

That the information be noted by Council.

 


 

 

ITEM 9.13    SF2038              121115      Outstanding DA greater than 12 months OR where submissions received - 16 September - 20 October 2015

2112/15 RESOLVED:       (MacDonald/Finlayson)

 

That the information be noted by Council.

 


 

 

ITEM 9.14    SF2036              121115      2015 October - Development Applications Received and Complying Development Applications Received

2113/15 RESOLVED:       (Finlayson/South)

 

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

 


 

 

ITEM 9.15    SF2038              121115      2015 October - Construction Certificates and Complying Development Certificates Approved

2114/15 RESOLVED:       (MacDonald/Finlayson)

 

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

 


 

 

ITEM 9.16    SF1148              121115      Council Ranger's Report October 2015

2115/15 RESOLVED:       (South/Finlayson)

 

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

 


 

 

ITEM 9.17    SF532                121115      Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

2116/15 RESOLVED:       (Finlayson/South)

 

That this item be deferred to the first meeting on 15 December 2015.

 


 

 

ITEM 9.18    SF1963              121115      Defence of Claim by Community Housing Ltd

2117/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That Council note the NSW Court of Appeal has upheld an appeal by Community Housing Limited against a decision of the NSW Land & Environment Court concerning the rating of properties owned by Community Housing Ltd in the Clarence Valley, Parramatta City, Port Macquarie Hastings, Gosford, Coffs Harbour and Nambucca local government areas.

 

2        That Council make representations to the Minister for Social Housing, the Hon. Brad Hazzard, in relation to its concerns about the transfer of public housing from Housing NSW to various non-government organisations and the substantial loss of rate income which will flow from such transfers.  Further that the Minister introduce legislation which ensures that such organisations be required to pay Council rates on the public housing which they own.

 

3        That Local Government NSW be informed of Council’s concerns and representations.

 

2118/15 Resolved:       (MacDonald/Smyth)

 

That, where ever possible, Council, with regard to shared legal expenses in the future, consider a pro rata share of costs as opposed to equal expense splitting.

 


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              121115      Consultation on Local Government Reform

2119/15 RESOLVED:       (Finlayson/Smyth)

 

That Council make a submission to the Department of Premier and Cabinet acknowledging that Council accepts IPART’s findings in relation to Nambucca Shire’s Fit for the Future Proposal and confirming Council’s commitment to continuing to deliver the reforms aimed at meeting the Fit for the Future benchmarks by 2020.

 


 

 

ITEM 10.2    SF2025              121115      IPART Assessment Of Fit For The Future Proposals

2120/15 RESOLVED:       (Finlayson/Morrison)

 

1        That Council note that IPART assessed Nambucca Shire Council as “Fit” for Fit for the Future.

 

2        That Council formally congratulate and thank the Assistant General Manager Corporate Services and his staff for their work in developing Council’s Fit for the Future response.

 


 

Cr Finlayson left the meeting for this Item at 7.27 pm and returned after the conclusion of the item at 7.32 pm.

ITEM 10.3    SF544                121115      Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

2121/15 RESOLVED:       (MacDonald/South)

 

That Council approve the Final Draft Local Roads and Traffic Infrastructure Developer Contributions Plan 2016 for public exhibition from 19 November 2015 to 17 December 2015.

 


 

 

The meeting adjourned at 7.33 pm.

The meeting resumed at 8.07 pm.

 

 

ITEM 10.4    SF298                121115      Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 7 September 2015

2122/15 RESOLVED:       (South/MacDonald)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 7 September 2015, and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.5    SF334                121115      South Arm Hall Committee of Management - Minutes of Annual General Meeting - 6 September 2015

2123/15 RESOLVED:       (Finlayson/South)

 

That Council endorse the minutes of the Committee of Management for the South Arm Hall’s Annual General Meeting held on 6 September 2015 and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.6    SF588                121115      Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 15 September 2015

2124/15 RESOLVED:       (MacDonald/Finlayson)

 

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 15 September 2015.

 


 

 

ITEM 10.7    SF312                121115      Gordon Park Rainforest Committee of Management - Annual General Meeting – 10 September 2015 - Minutes

2125/15 RESOLVED:       (Finlayson/MacDonald)

 

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Annual General Meeting which was held on 10 September 2015 and that Council thank the outgoing Committee for their work in 2014/2015.

 


 

 

ITEM 10.8    SF344                121115      Warrell Creek Hall Committee of Management AGM - 2 September 2015 - Minutes

2126/15 RESOLVED:       (South/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 2 September 2015 and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.9    SF336                121115      Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

2127/15 RESOLVED:       (MacDonald/Morrison)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 11 December 2013 and thank the Committee for their continued good work in the past twelve months.

 


 

 

ITEM 10.10   SF251                121115      Schedule of Council Public Meetings

2128/15 RESOLVED:       (MacDonald/South)

 

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

 


 

 

ITEM 10.11   SF2116              121115      Investment Report to 31 October 2015

2129/15 RESOLVED:       (MacDonald/South)

 

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


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2068              121115      Bowraville Sewage Treatment Plant - Recycled Water Scheme Options Investigation Report

2130/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That Council postpone work on the Recycled Water Management Plan and the Section 60 (Part C) approval for the Recycled Water Scheme.

 

2        That Council accept the recommendations of the Bowraville Sewerage Treatment Plant Recycled Water Scheme Options Investigation Report and commit to a project to upgrade the treatment process at the Bowraville STP to improve the quality of the recycled water through filtration and UV treatment.

 

3        That Council seek a fee proposal from HydroScience Consulting and NSW Public Works to project manage the delivery of the project in accordance with DPI Water requirements.

 

4        That Council give delegated authority to the Assistant General Manager Engineering Services and the Manager Water and Sewerage to select and engage the preferred consultant to undertake the project management work following the steps required by DPI Water contained within this report.

 

5        That Council reduce the current 2015/16 budget allocation for this project within this financial year from $435,000 to $100,000 and allocate sufficient funding to finalise the project in the 2016/17 budget.

 

6        That Council receive a future report on the preferred treatment options and procurement process to gain the most economical outcome for the project.

 


 

 

ITEM 11.2    SF565                121115      Application for Temporary Road Closure - High Street Bowraville for Bowraville Children’s Christmas Party 2015

2131/15 RESOLVED:       (Finlayson/MacDonald)

 

That Council approve a temporary road closure for the following event:

 

Event:         Bowraville Children’s Christmas Party 2015

Date:           16 December 2015

Street:         High Street, Bowraville between Young and Belmore Streets

Time:          3.00 pm and 7.00 pm

 

noting that the following documentation has been received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval granted

·           Confirmation advertising will be carried out 7 days prior to the event by Nambucca Shire Council.

 


 

 

ITEM 11.3    SF453                121115      Waste Management Quarterly Report July - September 2015

2132/15 RESOLVED:       (Finlayson/Smyth)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 July – 30 September 2015.

 


 

 

ITEM 11.4    SF1092              121115      Plan of Management for the Unofficial Rest Area on Link Road Nambucca Heads known as Duffo's Rest

2133/15 RESOLVED:       (South/Smyth)

 

1        That the Plan of Management for Link Road Reserve Nambucca Heads, Tourist Information Rest Area, Duffo’s Rest Awhile be placed on public exhibition for 28 days.

 

2        That at the end of the exhibition period a further report will be presented to Council for formal adoption.

 


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

2134/15 RESOLVED:       (MacDonald/Smyth)

 

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

 

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

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF848                121115      Outstanding Water Account

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2001/096        121115      Valla Quarry - Production Limits and Road Maintenance Contributions

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


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.23 pm.

 


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Finlayson/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.37 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF848                121115      Outstanding Water Account

MOTION:      (Finlayson/Smyth)

 

1        That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement and that no discount be provided for previous or future water consumption.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That if a repayment arrangement cannot be agreed or if it is not maintained, that Council proceed to impose a water restrictor on the ratepayer’s premises.

 

Amendment:       (Morrison/Finlayson)

 

1           That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That they be asked to forward their June 2015 financial statement to Council.

 

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

 

2135/15 Resolved:       (Morrison/Finlayson)

 

1        That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That the rate payer be asked to forward their June 2015 financial statement to Council.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2001/096        121115      Valla Quarry - Production Limits and Road Maintenance Contributions

Motion:      (MacDonald/South)

 

1        That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That Councillors Ainsworth, Flack, Smyth and South along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

Amendment:       (Smyth/MacDonald)

 

1           That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That those Councillors who wish to be involved along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright in relation to the production anniversary date.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

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

 

2136/15 Resolved:       (Smyth/MacDonald)

 

1        That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That those Councillors who wish to be involved along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright in relation to the production anniversary date.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

Note: Cr Smyth requested her vote be recorded against the resolution as she believes this matter should be taken to the Land and Environment Court.


 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.40 pm. 

 

Confirmed and signed by the Mayor on 26 November 2015

 

 

 

 

CR JOHN AINSWORTH

DEPUTY MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                            26 November 2015

General Manager

ITEM 9.1      SF959              261115         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.

 

Provided to Councillors on 29 October for comment.

 

Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment.

 

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.

 

Provided to Councillors on 29 October for comment.

 

Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment.

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).

DECEMBER 2014

8

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.

 

MARCH 2015

9

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 met with the Member for Oxley on 18 September 2015.  Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council.

 

APRIL 2015

10

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

11

SF639

11/06/15

That a report goes 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.  Bellingen SC interested in sharing Council’s pound.  Also discussed covering our Ranger when he is on leave.  Bellingen SC to advise of inspection date.

Report in November 2015.

 

A Casual Ranger has been secured to backfill the Ranger’s position whilst he’s on leave.  Still awaiting advice from Bellingen Shire Council about sharing Council’s pound and undertaking weekend pound maintenance, turnabout.  Suggest deferring report to December or early 2016

 

12

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.

AUGUST 2015

13

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

14

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.

 

Letter sent week ending 30 September 2015.

15

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.

Report to be presented to Council on 29 October 2015.

 

Deferred to 26 November 2015.-

No meaningful report can be provided until advice from the DPI Water.  Two letters have been forwarded. No response received to date.

 

SEPTEMBER 2015

16

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.

 

Report when CPG available to attend Council.

17

SF959

24/09/15

That Council advise the Minister of its determination in relation to the land at Gordon Park and provide him with a copy of Council’s resolution.

 

GM

Letter sent 22/10/2015

18

Q17/2015

24/09/15

That Council receive a further report and briefing from Greg Powter Consulting once an independent assessment has been completed (re the Pacific Highway Assets Handover)

 

AGMES

Council briefing planned for February 2016

 

Consultants engaged. RMS reviewing data supply.

OCTOBER 2014

19

SF42

15/10/15

Council make a submission to the OLG in relation to the JO Emerging Directions Paper outlining concerns identified at Council’s workshop.

 

AGMCS

Submission sent 16 October 2015

20

SF2052

15/10/15

There be a further report to Council on the funding of the Mosaic project at the NH’s Post Office corner once the grant applications have been determined.

 

GM

Determination of grant application anticipated early 2016

21

SF2071

15/10/15

In relation to the 2015 World Rally, that Council receive a further report from the AGMES regarding the damage to roads and roadside furniture; the compensation offered, and also the insurance status of the cars.

 

AGMES

Report November 2015

 

Report to December 2015

22

SF95

15/10/15

Following the 6 month trial period of nose-to-kerb parking arrangements in River Street adjacent to the river bank, that Council receive a further report on the outcome of the trial period.

 

AGMES

Report late 2016

23

LF780

15/10/15

Gumma shooting range – issue of a direction to take clean-up action in accordance with S91 of the POEO Act.

 

GM

Report on progress in December 2015

24

LF4225

29/10/15

Council write to Coffey Geotechnics seeking clarification regarding the differences between their 2 reports regarding the geotechnical investigations near 2 Nelson Street.

 

GM

Letter sent 4 November 2015

25

SF1031

29/10/15

That Council take action regarding the unapproved shipping container at 21 George Street, Bowraville.

 

GM

Notice of Intention to Serve an Order has been issued (was issued prior to the Council meeting on 29/1015).

26

SF1031

29/10/15

That the General Manager follow up the question of the appropriate number of companion animals at 21 George Street, Bowraville, and the requirement for a DA for the shipping container.

 

GM

Inspection being arranged.  Report to Council in late November/early December.

NOVEMBER 2015

27

SF366

12/11/15

That Council be provided with a report in regard to the increase in Council’s fees for the Macksville Senior Citizens Centre including any grant funding possibilities.

 

GM

Report to meeting on 26 November 2015

28

PRF30

12/11/15

That Council approach the Minister for Primary Industry, Land & Water advising him of the present situation (with the Rotary Lookout) and that Council is willing to providing matching funding to the funding provided by Rotary and requesting the Minister reconsider their allocation of funds…

 

GM

Letter sent 17/11/2015

29

SF532

12/11/15

That the DCP for the Service Centre at Valla be deferred to the first meeting in December.

 

GM

Report 15/12/2015

30

SF1963

12/11/15

Council make representations to the Minister for Social Housing in relation to its concerns about the transfer of public housing to various non-government organisations and the substantial loss of rate income which will flow from such transfers….

 

GM

Letter sent 17/11/201531

31

SF2068

12/11/15

Council receive a future report on the preferred treatment options & procurement process to gain the most economical outcome for the recycled water scheme at the Bowraville STP.

 

AGMES

Report in 2016

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.2      LF6902             261115         Section 88b Instrument - request removal of restriction - T100659 Lot D DP 420534 Wallace Lane Macksville

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment         

 

Summary:

 

The subject property was subject to a rate review whereby the rating of the land increased 1160% - see report Item 0.0 16 April 2015 (attached)

 

Correspondence has been received by the owners 30 September 2015 requesting that a restriction placed on the Title by Council in 1983 be waived so that they can improve their commercial return to offset the rates. (Note that the removal of the restriction was recommended in the above report but not adopted).   

 

 

Recommendation:

 

That Council revise the restriction to read – The status of the existing carpark to remain consistent in any future development of the site.

 

 

OPTIONS:

 

Previous option as resolved by council 16/04/2015

 

-     That further discussion be entered into with the property owners with respect to dedicating this land to council as public land

 

 

DISCUSSION:

 

Council in respect of a report from the rates officer concerning the proper rating of the above described parcel of commercial land on the 16 April 2015 resolved as follows:

 

That Council approaches the property owners and discuss the options of

a)   dedicating this land to Council as public land or

b)   paying the rates or

c)   consolidating land into an adjoining property.

 

The owners did not pursue option a) and option c) was found to be          due to the surrounding tenures being in different ownerships including strata plan 19511 which is owned by the owners of Lot D but in separate numbers of units.

 

Because the owners were left with the option of a 1160% rate increase they have requested that the restriction burdening the property on the 88b instrument – “will not use the land for any purpose other than a carpark’- benefitting council.be removed.

 

The site has history particularly with respect to its connection with Lot C DP 420534 which was separated from it in 1962 and transferred to Council as a public right of carriageway benefitting Lot D  – ( see Phillip Smith, Surveyors report Item11.3 15/02/2015 attached).

 

Insufficient information about its history does not present a clear picture as to why the restriction was applied apart from what appears obvious as to create a public carpark which was probably being used as such.

 

The section 88b instrument was executed by council on the 08/04/1982 under common seal in pursuance of a resolution of council passed on 08/04/1982. The minutes of council for the said date and all minutes back to January 1982 have been read without finding any reference to the resolution and unfortunately the reason the restriction was raised.

 

To achieve an outcome therefore it is necessary to convey in today’s terms that the land is valuable commercial land, is important as a carpark and is subject to modern development/building practice which allows for the carpark to remain with a commercial building constructed in the air space above it.

 

Further, the right of carriageway providing access to it could be dedicated as a public road at such time that Lot D was further developed and the development could contribute to the cost of up-grading the lane which was also referred to in the report compiled by Phillip Smith, Surveyor mentioned above.

 

 

CONSULTATION:

 

Discussed with Rates Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Potential improved environmental outcomes from development in relation to proper sealing and draining of site and lane

 

Social

 

Status of carpark maintained

 

Economic

 

Potential for development contribution towards infrastructure

 

Risk

 

No apparent risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As above

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.3      SF1855            261115         Macksville Traffic Study Outcomes and Revitalisation Strategies

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with an update on the Traffic Study undertaken for the Macksville CBD and its relationship with Revitalisation Strategies prepared for the Town.

 

 

Recommendation:

 

1        That Council update the revitalisation plan to incorporate the recommendations of the traffic study.

 

2        That Council proceed to prepare final concept plans for the Macksville CBD taking into consideration the options presented by the Traffic Consultant and the recommendations in this report including:

 

          - on-footpath landscaping including trees and garden beds

          - mountable roundabout at Princess Street and River Street

          - option for traffic lights at River Street and Cooper Street.

 

 

OPTIONS:

 

Council may choose not to proceed with the plan.

 

 

DISCUSSION:

 

In 2013 Council commenced preparation of revitalisation plans for Macksville in preparation of the future Pacific Highway bypass. The draft plans were exhibited and feedback received was generally positive and included a number of practical suggestions and recommendations.

 

The draft plans were also reported to the traffic committee which made a number of recommendations.

 

One of the highlighted concerns associated with the future of the town were the traffic arrangements. To support the development of the revitalisation strategy a traffic study was prepared for Macksville. The traffic study focused on two (2) primary objectives:

 

1        The requirements of each of the main intersections with the Pacific Highway in a post bypass scenario

2          The practicality of the revitalisation strategy from a traffic and safety perspective.

 

In respect to Item 1 the traffic study recommended that all existing intersections with Cooper St (Pacific Highway) should be retained including the traffic signals. The exception was the intersection of Cooper St and Partridge St which our consultants indicated should be monitored with the potential for the future removal of the lights. It was noted that the recent embellishments to the fitness precinct in this area may lead to high levels of pedestrian traffic, and this would require further investigation.

 

In regards to Item 2 the traffic consultants made a suite of recommendations and some of the key items are discussed and are the focus of this report.

 

Cooper Street

 

The original concept for Cooper Street post highway, provided a wide central median strip for feature trees. The Traffic Study has indicated that a 0.9m median with some landscaping is possible but not to the grandeur originally proposed. The study has also provided for painted medians in sections to allow for delivery movement to a number of businesses on Cooper Street. There may also be opportunities for the landscaping to be incorporated into the existing footpath, this is discussed later in this report.

 

Recommendation:

 

It is recommended Council incorporated these traffic changes into the draft concept plan and staff also investigate the potential for on footpath landscaping in Cooper Street.

 

Intersection of Pacific Highway and River St

 

The revitalisation plans for Macksville showed a proposed mountable roundabout at the River St intersection with the Pacific Highway. The objective of this facility was to open traffic movements in the CBD to all directions (eg vehicles unable to find a park in River St would not be directed over the bridge and out of town).   The Local Traffic Committee and Council’s traffic consultants agree that a roundabout at this intersection is not feasible. Councils Traffic Consultant indicates that the only way to open vehicle movements to all directions at this location is to install traffic signals.

 

It is noted that a ‘do nothing option’ or the traffic signal option will not impact on proposed improvements to River Street. So these can still be pursued. Alternative options for traffic movements may be looked at further once the bypass occurs.

 

Recommendation:

 

It is recommended Council pursue the option for traffic signals at the River Street Cooper Street Intersection to ensure manoeuvrability within the CBD is improved post highway. This may lead to discussions with the RMS who may provide alternative options for Council. This option or a do nothing option will not impact on improvements to River Street.

 

 

 

 

 

 

 

River Street Improvements

 

 

In respect to River Street the traffic consultants have provided areas where landscaping may work and not impact on traffic movements, these are shown in yellow traffic consultant recommendations.

 

The option of nose in parking has already been considered by Council and staff provided the chamber of commerce with a presentation on the matter recently. The nose in parking option in River Street has the potential to provide an additional two (2) spaces and additional area for landscaping. The importance of this was highlighted to the Chamber particularly as the proposed blisters and outdoor dinning areas on the southern side of River Street would result in the loss of spaces. A parking comparison table is provided in the study which indicates 29 spaces are available at present on the northern side of River Street with the potential for 31 spaces if developed in accordance with the plan below.

 

 

Based on some feedback received from community the traffic consultants were requested to investigate opportunities to allow access to the River Street carpark (adjoining the toilets) to be two (2) way. An option to achieve this was provided via the provision of a mountable roundabout that was also expected to slow traffic prior to entering the River Street considered to be a positive addition particularly with potential for nose in parking. A concept for this is provided below, this proposal would remove two (2) space directly in-front of the residence on the corner of Princess Street and River Street.

 

Recommendation:

 

It is recommended that this mountable roundabout be incorporated into concept plans for the Macksville CBD

 

 

The above image also shows two (2) options for blister design:

 

Option 1 – is for blisters that are constructed without changing the existing curb and gutter (similar to the Nambucca Heads blisters). Option 1 is preferred primarily due costs and would also better suit designs  relocatable dinning areas also shown on the above image.

 

Option 2 – is for a complete reconstruction of the blister including curb gutter and stormwater.

 

Recommendation:

 

It is recommended that Council endorse option 1 for the future design of any on road blisters and outdoor dinning areas incorporated into concept design

 

Garden Beds and Street Trees

 

The below images show some typical garden bed designs for in road garden beds. These designs are noted and may have a place in the improvements, however one of major issues identified in the Traffic Study is the narrow nature of Macksville Road network. Macksville does not have street width to consume with garden beds.

 

There is an opportunity to look at using the existing footpath some areas where appropriate standards will be met. For example Detail G above shows a landscaping feature outside the Dental Surgery on the corner of Princess Street and River Street. This feature has a number of attributes, it guides pedestrians away from the corner to cross the road, it provides seating and an opportunity for landscaping. Another example which may suit this location is provided below.

 

 

Recommendation:

 

It is recommended staff pursue landscape options within the footpath. This will done in consultation with engineering services, health and building staff and Green Space Coordinator. Shop owners will also be consulted. These opportunities be added to the concept plan.

 

 

 

Princess Street and Wallace Street

 

Council may recall that the original proposal identified that a potential ‘Market Square’  on the corner of Wallace Street and Princess Street. The concept was aimed at increasing activity in the south western side of the CBD. Other than the River Foreshore, this is one of the larger open spaces in the CBD and has the potential for embellishments.

 

The traffic consultants have provided Council with an alternative option to close part of this area to all traffic and expand the open space area. This would have some merit in removing an awkward three (3) way intersection in this area. However it would also have a number of negative implications such as impact access to the building on the corner of Wallace Street and Princess Street as well as loosing parking adjoining the NSW Rural Fire Service Building to allow for two (2) movements in this area.

 

Recommendation:

 

Council not endorse the option presented by the Traffic Consultant at this location.

 

 

 

 

CONSULTATION:

 

NIL

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The opportunity to improve landscaping and street trees within the urban landscape has a number of environmental benefits.

 

Social

 

The additional of landscaping and other improvements to Macksville Urban area would have a number of social benefits.

 

Economic

 

The improvement of the amenity in the Macksville Town Centre has a number potential economic benefits.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a budget remaining for the streetscape improvement planning, which was directed to the original plan and the street trees in Nambucca. This funding will be used to bring the results of the traffic study and the original concept plan together.

 

In terms of implementation the original concept and the traffic study both provide costs associated with each activity. As the final plans are prepared cost estimates will be developed based on both studies and staff will use these costing to assist in making grant applications for the proposed improvements.

 

 

Source of fund and any variance to working funds

 

NIL, A quote has been provided update the plans. This is within the existing budget.

 

Service level changes and resourcing/staff implications

 

NIL

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.4      SF2038            261115         Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 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

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

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

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

2015/138

4 September 2015

Shed (Shelter for plants and storage)

Lot 3 DP 1015406, 180 Coronation Road Congarinni North

SUBMISSIONS RECEIVED

Two submissions have been received by Council – both oppose the proposal

·           Applicant hasn’t complied with conditions of previous DAs eg fences, operating hours, landscaping, car parking (customers are blocking the driveway of a nearby resident on occasion)

·           Construction has already commenced without consent

·           The shed covers an already rebuilt dog shed that is being used as a residence

·           Have all septic systems been approved and properly installed?

·           Building is too close to the main road

·           Existing buildings shown on the plan were all constructed without consent

·           There is no builders’ signage on site

·           Four separate lots of people are living on site

·           Companion animals are not confined to the property, but wander on the road

·           Drawings submitted with DA are sub-standard

·           Mature trees have been removed even though the original DA requested that they stay

·           Large excavation is being undertaken at the rear of the property – no details about this with the DA

·           All illegal buildings should be removed

·           The kennels should be closed as they are operating outside of approved DA conditions

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/144

15/09/2015

73 Lot Subdivision

Lot 176 DP 1190467, Seaforth Drive, Valla Beach

Nine submissions have been received by Council – all oppose aspects of the proposal

·           There should be parks, public open space as part of the development – children already play on Seaforth Drive as there is nowhere else for them to play

·           Road in and out of the estate should be higher quality and suitable for evacuation in the case of bushfire – two exits instead of just one would be preferable

·           Fauna in the wetland reserve (to the south of the proposal) will suffer if it is approved

·           Overall, the scale of the development is too large

·           There should be footpath provided to link the development to the shops, bus stop and preschool

·           Visual and noise pollution will result because bush to be cleared provides a buffer for the noise of the railway and the highway

·           There is an endangered ecological community (Coastal Salt Marsh) within the proposed area

·           Acid sulphate soils could be disturbed and leach into Deep Creek

·           An earlier, preliminary flora and fauna report referred to a 65 lot subdivision – this would be more appropriate

·           4.1 hectares of native vegetation should be retained and an SIS required

·           Loss of habitat will negatively impact on macropods

·           Hollow bearing trees shouldn’t be removed

·           Wildlife corridors be maintained

·           Hydrological studies be carried out in relation to disturbance of Acid Sulfate Soils\

·           Section 94 contributions should be levied

·           What research has been done in relation to climate change and sea level rise impacts?

·           APZs should all be on private land

·           A perimeter road should be included as it would provide a good buffer between the residential lots and the wetland

·           Can Council guarantee that the block between this proposal and the pre-school won’t be developed and no further connecting road will be built to Valla Beach Road?

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/159

09/10/2015

2 Lot Subdivision

Lot 176 DP 1190467, Seaforth Drive, Valla Beach

Two submissions have been received by Council – they oppose the proposal (they were also submitted for DA 2015/144)

·           In addition to the points raised in submissions to DA 2015/144, the SEE for this development says that no clearing of bush or trees is necessary. There are several large trees on the block, so this statement appears unlikely to be true.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/165

19/10/2015

Dual Occupancy

Lot 3 DP 1015406, 180 Coronation Road, Congarinni North

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

·           The property has other structures being illegally used as dwellings

·           Applicant has not complied with conditions issued in previous DAs

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.5      SF366              261115         Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Mr Paul Foley is seeking free use of the Macksville Senior Citizens Centre to conduct Seniors’ fitness classes.  When Council took over the management of the facility in October 2014, the Senior Citizens Club was charging Mr Foley $15 per hour for the use of the facility.  Notwithstanding advice from the Club’s management that the classes often took longer than 1 hour, the Senior Citizens Club maintained the charge of $15 per session.  In Council’s 2015/2016 fees and charges, the cost of hiring the facility was increased to $18 per hour including GST with a minimum hiring period of 2 hours.

 

The “out of pocket expenses” to Council in operating the Macksville Senior Citizens Centre is approximately $15,000 per annum.  This does not include the staff time involved in administering bookings and maintaining the facility.  Expected revenue from hall hire charges in 2015/2016 is approximately $16,000.

 

As a matter of principle for a Council which is seeking to maintain its status as “Fit for the Future” it is recommended that wherever feasible user pay arrangements apply to the use of Council owned facilities.  This is the advice which is regularly provided to all of Council’s Committees of Management who administer the hire charges for halls and other facilities

 

Council should be aware that there are several other people and organisations conducting specialist fitness classes for seniors including the YMCA.

 

 

Recommendation:

 

That Council continue to charge Mr Foley for the use of the Macksville Senior Citizens Centre for Seniors Fitness Classes in accordance with Council’s adopted fees and charges.

 

 

 

OPTIONS:

 

Besides the recommendation Council has a range of options being:

 

1.       Agree to Mr Foley’s request and provide the Macksville Senior Citizens Centre for his use at no cost    for Seniors’ fitness classes.  In relation to this option the Council may wish to stipulate a           maximum     number of hours that the Centre would be made available to him under this arrangement.  Similarly      the Council may wish to seek some assurance from Mr Foley that increases in charges to the        participants in his class will be maintained in accordance with the CPI for the period that the Council         makes the centre available at no charge.

 

2.       Levy some hire charge, presumably less than the minimum charge of $36 including GST which is         currently levied.  As discussed in the report, the Senior Citizens Club previously charged Mr Foley    $15 per session excluding GST (as the Club was not registered for GST).

 

3.       Review the existing fees and charges for all users of the Macksville Senior Citizens Centre.

 

4.       Review the existing fees and charges for those groups using the Macksville Senior Citizens Centre      who are predominantly seniors, eg the old time dancing groups as well as Mr Foley’s Fitness        Classes.

 

5.       Review the existing provision in the fees and charges for a minimum 2 hour hire and charge Mr   Foley pro-rata for the time that he actually uses the facility.

 

 

DISCUSSION:

 

Mr Paul Foley has made representations to Council about the cost of hiring the Macksville Senior Citizens Centre to conduct Seniors fitness classes.  Mr Foley is requesting that he not be charged for the use of the facility.  Mr Foley addressed Council’s meeting on 12 November 2015 making the following points:

 

·           7 years at Macksville Senior Citizens Centre

·           From $15 to $36 per class

·           Approx. 30 seniors taught in his classes

·           Advised that Mayor said he could use Centre for free but over ruled by Council staff

·           Misguided decision by Council staff (staff misinformed)

·           Venue at Stuarts Point is free and is paid by Kempsey Council to conduct the classes – for the past 7 years

·           Ex services Club will let him use the facility for free

·           Mayor offered to pay from her allowance

·           Highly recommended by recognised USA authorities that people over 64 should undertake weight training (at least)

·           Requested that Mr Foley’s class not be charged – ie it should be free to run a senior citizens activity

 

It was resolved that Council be provided with a report in regard to the increase in Council’s fees for the Macksville Senior Citizens Centre including any grant funding possibilities.  Council’s Grants and Contributions Officer has advised there are currently no grant opportunities for this program.

 

Council will recall that the Macksville Senior Citizens Club relinquished management of the facility in October 2014 as their dwindling membership meant that they were no longer able to form a committee to manage the bookings and operations of the Centre.

 

At the time of the handover of the Senior Citizens Centre to Council management, the usage charge was $15 per hour excluding GST.  In Council’s 2015 Fees and Charges which were adopted in June of this year, the hourly rate was increased to $18 including GST but with a minimum hire period of 2 hours.  The advice Council staff received from the Senior Citizens Club at the time of the handover was that Mr Foley’s fitness classes invariably take much longer than 1 hour as there is time required for set-up and also morning tea at the conclusion of the class.

 

In terms of the cost to Council of operating the Senior Citizens Centre, the following annual costs are listed in Council’s budget:

 

1.   $3,093 - Insurance

2.   $2,332 - Electricity

3.   $3,785 - Cleaning

4.   $3,271 - General building maintenance and repairs

5.   $650 - Maintenance of essential fire safety measures

6.   $847 - Hygiene services and toilet consumables

7.   $600 - Airconditioning maintenance

8.   $422 - Termite inspections and pest control

 

These costs do not include any major breakdowns or refurbishments such as painting or polishing the dance floor.  Nor do they include the cost of Council staff in administering the bookings and maintaining the facility.  Currently an Executive Assistant administers the centre’s bookings and a Finance Officer undertakes the invoicing and debt recovery.  Council’s Technical Officer – Assets attends to checking on the work of the cleaners and other contracted maintenance.

 

So in general terms the typical annual operating cost of the facility (excluding staff overheads) is $15,000.

 

The existing regular hirers of the facility, their rental times and rental payments are as follows:

 

Zenryoku Australia (martial arts) – Mondays 4pm to 7.30pm = $63 per week

Zenryoku Australia (martial arts) – Thursday 4pm to 8.00pm = $72 per week

Jaytone Dance Group (old time dancing) – 7.30pm to 10.30pm (monthly) = $54 per month

Macksville Dance Group (old time dancing) – Wednesday 1pm to 4pm = $54 per week

Ruth Dancers Group (old time dancing) – Wednesday 7pm to 10pm = $54 per week

Senior Citizens Morning Tea – Thursday 9.30am to 2.30pm = no charge (condition of handover)

 

Besides the regular hirers Council also has casual hirers being Pacifico, Nambucca Valley Parkinsons, Aboriginal Land Council elections, State elections and Council elections.

 

The income for the facility in the financial year to date (as at 17/11/2015) was $6,177.23.  If this income is extrapolated for the whole financial year, the annual income for the facility would be $16,060.  This income figure is quite similar to Council’s operating costs, not including the cost of Council staff in administering the bookings and maintaining the facility.

 

As a matter of principle for a Council which is seeking to maintain its status as “Fit for the Future” it is recommended that wherever feasible user pay arrangements apply to the use of Council owned facilities.  This is the advice which is regularly provided to all of Council’s Committees of Management who administer the hire charges for halls and other facilities

 

Council should be aware that there are several other people and organisations conducting specialist fitness classes for seniors including the YMCA.

 

In terms of potential grant funding possibilities the Mayor identified the attached funding program being the Liveable Communities Grants program.  The program has now closed but provided for grants of up to $100,000 to strategic and innovated projects addressing one or more of the following categories:

 

1.       Helping people stay healthy

2.       Helping people stay connected with others

3.       Helping people work or contribute

4.       Helping people live where they want to live.

 

The Mayor referred the potential grant opportunity to Mr Foley and it is referred to in the email listed in the following consultation section.

 

CONSULTATION:

 

In addition to the attachments, the Mayor received the following email communication from Mr Foley 

 

Hi Rhonda,

First of all thank you for all the time and support you have given us when I know you must be even busier than your normal very busy self.

Rhonda when I found out you weren’t going to be at the October Council meeting I contacted the Councillor who was to take your place at the meeting. This conversation led me to both postpone our appearance until the November meeting and to conclude that even with your support, it would be very unlikely that our attendance or impassioned speeches, by me or the angry people from my classes, would lead to a change in Council policy. This is because, as your staff members have indicated previously, it would either require that my classes receive preferential treatment from Council or alternatively it would be establishing a precedent for other exercise classes wishing to use the Senior Citizens Hall for free. I believe that my classes do deserve this preferential treatment. So I am relying solely on the evidence presented in this email to convince your Councillors and staff, so could you please send this email on to everyone concerned.

Rhonda I have moved my classes to the Macksville Ex Services Club. This move hasn’t been very successful and I know it looks like giving up without a fight, but my classes at the Senior Citizens Centre weren’t really viable even when I was paying only $15.00 rent per class, so Council’s recent rent increase to $36.00 per class made continuing my classes there completely out of the question.

 

So now to my sales pitch. This is going to take some reading, but I’m hoping you and others might also find it useful for your own health.                                                                                                                                                                                                                                           The idea of getting seniors to lift heavy weights isn’t new. I have attached a two page table of exercise guidelines for healthy adults and older adults, from various large health organisations (The American College of Sports Medicine, shown as ACSM on the table, has over 40,000 doctors, physiotherapists, and other health professionals who get together regularly to examine any new research and give reliable advice about the links between exercise and health). You can see from this table that medical professionals and Health Departments worldwide recognised back in 1999 that weight training is essential for older adults (over 64’s) to counteract the many health problems and the disabilities that come with ageing. The Australian Government Dept. of Health uses the ACSM guidelines in this table. 

 

 This table shows that older adults can do all the cardio and flexibility exercise they need to at home, just by doing something like fast walking and stretching, but the other two activities in this table - muscle strengthening activity and balance training will require most older adults to attend a supervised class.

The recommendations in this table for muscle strengthening are very specific – they clearly describe weight training using actual weights, and this weight training must be progressive. This means you will need a wide range of weights to start training, because different exercises require vastly different weights, and you will need to progressively buy more weights as you get stronger. When I started classes back in 2007, I based my classes on this principle of progressive weight training. 

As well as the high costs involved in buying all these weights, seniors rarely have any previous experience in weight training and they will need careful instruction and close supervision by a qualified older adult trainer to make their weight training a safe activity. I provide the seniors in my class with this specialised instruction and a vast range of weights.

Balance training to avoid falls doesn’t need any expensive equipment but it obviously requires the same careful instruction and close supervision. For many seniors this type of exercise would be quite risky if done at home.

You can see from this attached table there is no mention of Pilates, yoga or tai-chi or any cardio exercise that requires specialised equipment or close supervision by a qualified instructor. That’s why my senior’s classes are different, and that’s why my senior’s classes need to be given preferential treatment. 

As you can see from the table, these recommendations were first introduced ten to fifteen years ago, and I can assure you they haven’t been changed much at all since – the only change relevant to this letter is that adults - but not older adults - can substitute their weight lifting with other strength activities like chopping wood or digging. Health experts are now saying that older adults can’t rely on this physical activity – they need a planned, weekly exercise schedule.  

Unfortunately this wholesale endorsement of weight training still hasn’t filtered down to the general population. We are all constantly bombarded with conflicting advice about how we should be exercising and there’s no reason Council’s clerical staff would be better informed than anyone else. This becomes a serious problem when these same Council staff are allowed to formulate policy that requires them to differentiate and even discriminate between different exercise activities, especially when their decision will impact on a disadvantaged group like my seniors. Without professional knowledge or expertise most people will do whatever is expedient, and rather than risk what other uninformed people might see as favouritism, they will choose the policy that seems most “fair”.

With recent moves afoot towards Council amalgamation I think it’s very important that Council doesn’t just rely on expediency or market forces or acting like a commercial corporation. We need a local government that is willing to govern - to treat individual cases on their merits.

If I was a lot younger and trying to build up a successful business I would be out gathering endorsement from local physios and doctors, organising a petition, gathering further scientific evidence and citing Council policy documents to support our cause. My exercise group were quite angry with Council’s recent decision and they formed a Committee to do just that. Some of them, and obviously the 5 or so people who can now no longer come to class, still want me to front Council at the meeting this week. They think Council has failed to recognise that the Shire’s seniors should always retain some ownership of the Seniors Citizens Centre and have a say in how it is used, and they don’t think Council’s recent taking over control of the Centre should not have affected this.

The Ex Services Club is giving us the use of their hall for free and also some free advertising. Other people are running exercise classes at the Club and they pay rent, but the Club can see that we are a seniors class and therefore deserve special treatment. They also have no problem with me charging participants $5.00 per class, because they recognise that this is less than half the price you would pay for a seniors exercise class at the YMCA.

 

Unfortunately there have been some serious downsides to our change of venue:

•             We had to change our Monday class to Tuesday and now at least five people can’t make it.

•             Running on Tuesdays and Thursdays gives us only a one day break between classes. This is far from ideal for seniors - as we age it takes a lot longer for our muscles to recover and then grow between workouts.

•             A gold coin donation at the Senior Citz gave us a minimal cost morning tea, with different people bringing an occasional food plate and enough money left over for a subsidised luncheon twice a year. Only a handful of people now stay for morning tea. There’s no food and most people can’t afford or aren’t prepared to pay $3.00 plus for a tea or coffee. For many of the seniors in my class this is a serious loss of social contact. It contravenes Council’s publicised policy on supporting senior’s physical and mental health, and is a direct result of Council’s inflexibility and arbitrary tripling of the Senior Citizens rent.

•             Parking is now a problem, especially loading and unloading the large amount of equipment we use for classes.

 

Rhonda thanks for sending me the info on the Liveable Communities grant. Colleen Henry has offered to help me apply for this, but Colleen also pointed out that this grant requires a lot more jumping through hoops than previous grants, and I’m too old and too lazy for all that jumping. This grant is also seeking something new and innovative, and my classes have been funded previously under the Healthy Communities grant. As well as this, after 15 years of endorsement by medical experts worldwide, my classes should now be regarded as a mainstream, fundamental and essential exercise activity for all seniors. So far Nambucca Shire Council has failed to recognise this, but hopefully that will change this week.

With reduced class numbers I’m now getting about $65.00 a class. Not great for 3 hours away from home but still twice what I was left with after paying Council $36.00 rent per class before I moved. But despite this huge improvement in my financial situation, for the four reasons I have given above, my class members and I would like to return to the Senior Citizens Centre. For eight years now I have been running these classes for my own enjoyment as much as anything else, but Council has now made my classes not only unviable but also less enjoyable, and this is has already had an effect on class numbers.

 

To return to the Senior Citizens Centre I would require Council to match Macksville Ex Services Club by providing free use of the Senior Citizens Centre for a senior citizens exercise class. In previous emails I have shown that the direct cost to Council for each of my classes is less than $2.00 for electricity. Macksville Ex-Services Club has decided they can absorb these miniscule costs and I request that in supporting our Seniors Council do the same.

Thanks again Rhonda,

Paul Foley

 

There have been submissions and petitions from members of Mr Foley’s Seniors Fitness Class which are attached.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

It is agreed that Mr Foley’s classes contribute to participant physical and mental well-being which is very important in a community which is skewed to an older age cohort.  The question is the extent to which Council should subsidise such classes, noting that there are a number of organisations in different venues directly supporting seniors’ fitness whether it be through floor classes, pilates, hydrotherapy, weight training or a combination thereof.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The particular risks are outlined in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial implications are detailed in the report.

 

Source of fund and any variance to working funds

 

The financial implications are detailed in the report.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing/staff implications in relation to the recommendation or any of the options.

 

Attachments:

1

30015/2015 - Submission re use of Macksville Seniors Citizen's Building

 

2

34806/2015 - Petition - J Richardson and others

 

3

37265/2015 - Submission on use of Macksville Senior Citizens Centre

 

4

37270/2015 - Electricity costs to run Stronger for Longer classes

 

5

37343/2015 - Liveable Communities Grants

 

  


Ordinary Council Meeting - 26 November 2015

Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 



Ordinary Council Meeting - 26 November 2015

Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 




Ordinary Council Meeting - 26 November 2015

Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 

The Mayor

Rhonda Hoban

Nambucca Shire Council

28th September 2015

 

Dear Rhonda,

I am Paul Foley, trading as Foley Fitness, writing for your help in getting Council to support the Stay Stronger for Longer strength training classes that I have been running for seniors at the Macksville Senior Citizens Centre since 2006. I have been running these classes at little or no profit for seven of the last nine years, but I have now been forced to cancel them. Council’s recent decisions to raise the rent from the $15.00 per class previously charged by the Senior Citizens Committee to $18.00 when Council took control of the Centre bookings and then to $36.00 per class has made these classes not just unviable but actually cost me money to run. Compare this situation with the strength training class for seniors that I have been running at Stuart’s Point since 2008. Kempsey Council has been paying me $70.00 (soon to rise to $80.00 to allow for 7 years inflation) to run each class, and the venue is provided free by the Stuarts Point Workers Club as a benefit to the senior members of their local community.  

I really enjoy running my twice a week Macksville classes but, except for the 18 months I received a payment of $100.00 per class under the Healthy Communities grant, I have been doing these classes for many years now mostly for my own enjoyment - as a semi-retired senior myself I can live frugally on my superannuation from TAFE and the participants are a very fun group of people.  But fun aside, I also know that these classes are not just beneficial but vital to my thirty or so senior participants, both for the many proven health benefits they provide and for the twice a week social contact that is so important to their mental wellbeing. I know that you have attended at least one of our luncheon parties so I am hoping you agree that Council should make some real effort to see these classes continue.

I have now been forced to cancel all classes until and unless they become viable. Although this decision was precipitated by Council’s recent 240% increase in the rent, even before this latest rent increase I was making less than $20.00 per hour before costs to run these classes, and I am no longer willing to do this.

Putting it simply, if Nambucca Shire Council can’t afford to pay me for these classes from their ongoing budget, as does Kempsey Council, I am requesting that:

Nambucca Shire Council provide the Senior Citizens Centre free of all rent and all other charges as a venue for this vital Senior Citizens activity.

The main direct cost to Council of doing this would be the running costs of using the Senior Citizens Centre for 4 hours per week for classes and morning teas. I have been using Surf Clubs and various community halls at four different locations for over 10 years now and I am therefore quite familiar with these running costs. The total weekly electricity cost to Council for running all my classes would be close to $1.35 per week. That’s for boiling water, lights, fans and air conditioning. I have detailed these costings in a separate attachment.

As well as electricity I would also need Council to cover their own costs for any insurances etc. that are directly related to the running of my classes. As I am already covered for public liability and professional indemnity insurances to run all my classes I would expect Council’s costs to be minimal.

I have over 30 seniors participating in my classes, but with their doctor and other medical appointments, commitments as carers and as minders of grandchildren etc. my current average attendance per class is about 15 senior participants paying $5.00 per class.  I can therefore expect to earn about $75 per class, before deducting my costs. With travel time, each class takes me 3 hours door to door. I am willing to resume classes on that basis.

Thanks Rhonda for your support.

Paul Foley

4 Sunrise Close

Scotts Head 2447

Phone 65698269


Ordinary Council Meeting - 26 November 2015

Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 

Electricity costs to run Stronger for Longer classes at Macksville Senior Citizens

Morning Teas – This social interaction is an extremely important part of running these classes. How much will it cost? Electricity is 29 cents per kilowatt hour. This means if you boil water in a 1000 watt urn for 30 minutes it will cost you 14 cents. This gives us a total running cost of less than 30 cents per week for both morning teas – a major part of total electricity costs is often just the cost of staying connected to the power supply.

                                                                                                                                                                                                                        Lights - An old style double tube florescent light typically uses about 72 watts (modern ones use a lot less then this). So if you have 10 of them going it will cost you 20 cents per hour. That’s 60 cents for each 3 hour class. If it’s sunny we don’t use the lights, we just open the curtains, so let’s say we use the lights half the time. Our running costs for lighting are roughly 60 cents per week.

                                                                                                                                                                                                       Ceiling Fans -  Ceiling fans run at about 60 watts each , so if you have all 6 of them going it will cost you about 10 cents per hour. We use the ceiling fans more than half the time, so let’s say 30 cents average weekly cost for the six fans.

                                                                                                                                                                                              Air conditioners – these use a lot of electricity, but we very rarely use the air conditioning – seniors hate cold air – We would use the air conditioners on about 10 very hot days per year, but only run them for the two and a half hours per week that we are getting hot and sweaty, so allowing for four air conditioners using 500 watts each we would need about 58 cents per hour to run them. That’s $1.45 per week for 5 weeks (10 classes) per year, giving an average weekly cost of 15 cents per week.

 

Total Costs - The total weekly electricity cost to Council for running our classes would be about $1.35 per week. That’s for boiling water, lights, fans and air conditioning. I would suggest that a large proportion of the total electricity costs for the Senior Citizens Centre might be from the continuously running refrigerator (which we don’t use).


Ordinary Council Meeting - 26 November 2015

Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

 



Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.6      SF2086            261115         Classification of Lot 2 DP 1173066, 6857 Pacific Highway, Valla

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That land known as Lot 2 DP 1173066, 6857 Pacific Highway, Valla, which is being acquired by Nambucca Shire Council be classified as operational land.

 

 

OPTIONS:

 

There are no options.

 

DISCUSSION:

 

Council has now been advised by its solicitor that contracts for the purchase of this property were exchanged on 29 October 2015 with settlement due to take place on or before 10 December 2015.  A Statutory Declaration for the purposes of stamp duty exemption has been signed and lodged.

 

Section 31 of the NSW Local Government Act provides that before a council acquires land, or within 3 months after it acquires land, it may resolve that the land be classified as community land or operational land.  If Council does not resolve in relation to the classification of the land, then at the end of the 3 month period it is automatically classified as community land.

 

As the Council is acquiring the land for the purposes of economic development, it needs to be classified as operational land.

 

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

 

The classification of the land has no economic implications.

 

Risk

 

If Council does not classify the land it will revert to a community classification after 3 months. This would significantly limit Council’s flexibility in realising the economic potential of the land.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The classification of the land has no budgetary impact.

 

Source of fund and any variance to working funds

 

The classification of the land has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or staffing implications in relation to the classification.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.7      SF848              261115         Obtaining a Dividend from the 2015 Surplus in Council's Water Operations

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

With the completion of a Water Supply Policy incorporating water conservation and demand management, Council’s Auditor has advised that the Council has met the best practice criteria being a necessary pre-requisite to seek a dividend from its water supply business.

 

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

 

Council should seek to secure the dividend by lodging the necessary documentation with the NSW Office of Water.  Council should apply any approved dividend to the capital renewal of its road and bridge assets.

 

 

Recommendation:

 

1.       That Council resolve that it has achieved the required outcome for the six criteria in Table 1           of the Best Practice Management of Water Supply and Sewerage Guidelines for its water           supply business being:

 

          (1)      Complete Strategic Business Plan (including Financial Plan)

 

          (2)      Pricing with full cost-recovery, without significant cross subsidies

                   Complying charges

                             (a)      Residential

                             (b)      Residential Revenue from Usage Charges at least

                                                50% in 2006/2007

                                                60% in 2007/2008

                                                75% in 2008/2009

                             (c)      Non-residential

         

                   DSP with Commercial Developer Charges

 

          (3)      Complete Performance Reporting Form by 15 September each year.

 

          (4)      Sound Water Conservation implemented

 

          (5)      Sound Drought Management implemented

 

          (6)      Integrated Water Cycle Management Strategy

 

2.       That Council forward the necessary documents to the NSW Office of Water seeking their           approval for the payment of a dividend from the water supply surplus.

 

3.       That any dividend from a surplus in water supply and sewerage businesses be held in an           internally restricted reserve to be expended only on the capital renewal of road and bridge           assets.

 

4.       Council note the proposed review of the Integrated Water Cycle Management Strategy to           commence in the first half of 2016.

 

 

OPTIONS:

 

Council has the option of not seeking a dividend from the water supply surplus.

 

DISCUSSION:

 

At Council’s meeting on 26 March 2015 it was resolved that Council seek approval for a dividend calculated from any surplus in the Water and Sewerage Funds.

 

The dividend payment is subject to the following preconditions:

 

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

 

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

 

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

 

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

 

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

 

In order to achieve a dividend from any surplus in the Water & Sewerage Funds the Council must demonstrate achievement of the required outcome for specified criteria in the Best Practice Management of Water Supply and Sewerage Guidelines issued by the Office of Water.  The determination of compliance must be made by an Auditor.  The Auditor must also verify the water supply and sewerage special purpose financial reports are a true and accurate reflection of the business and that the overhead reallocation charge to these businesses is a fair and reasonable cost.

 

Council’s Auditor has now completed a review of Council’s compliance with the eligibility criteria set out in the NSW Office of Water Guidelines.  The Auditor’s findings are attached.

 

Council’s Auditor has recently advised that as the financial statements have now been audited, that they are now in a position to finalise issuance of a dividend assurance report to the NSW Office of Water.

 

In order for the Auditor to issue the report they have advised that the following needs to occur as per their previous advices:

 

1.       A water conservation policy and report on actions taken to date must be completed.

          Comment:  The policy is incorporated in a draft water supply policy which is elsewhere reported for          adoption.  The policy was placed on public exhibition with no submissions being received.

 

2.       Council needs to complete the submission forms and documents as per guidelines so they can be      reviewed by the Auditor and attached to the Audit report (refer to Office of Water guidelines)

 

3.       Completion and adoption of submission and dividend calculation resolution at a Council meeting        (refer to Office of Water guidelines)

 

The Special Purpose Financial Statements for the year ending 30 June 2015 have now been completed with a determination of a maximum dividend from surplus for water of $180,522.  Whilst there was a small surplus in the sewerage fund, because of deficits in preceding years, there is no dividend available from the surplus in the sewerage fund.

 

As per the Office of Water Guidelines the Council must resolve in an open Council meeting that it has achieved the required outcome for each of the 6 criteria listed in Table 1 of the guidelines.

 

This is a reasonable course of action that is commonplace at all levels of government and is merely the owners of the business – the residents of the Nambucca Shire seeking a small return from the investment – the public water supply.  Comparisons at State level are electricity authorities and ports.  Comparisons at Federal level are Medibank Private and Australia Post.  The return is modest being $0.16m on equity of $84.864m equals 0.002% return.

 

In terms of Council being satisfied to resolve in this manner, it must rely on the audit which has been conducted by Forsyths.  Their advice is that the only matter to be finalised is a water conservation policy which is separately reported in this business paper.  Other than that, based on their review nothing has come to their attention which causes them to believe, that Council has not complied, in all material respects, with the dividend eligibility criteria for water supply.

 

CONSULTATION:

 

The matter has been discussed in MANEX with agreement that Council should seek to secure the dividend to be applied to the capital renewal of road and bridge assets.  It is proposed that in the first instance the funds be derived from the reserve funds for water.  In following years the source of funds for the payment of the surplus (if available) can be included in the financial plan for the water and sewerage businesses.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Depending upon the source of funds for the payment of a dividend and future revenue policy (water usage charges), the risk in terms of such “inter fund” transfer payments is that reserve funds for future water supply augmentation will not be as well financed as they otherwise would without the dividend “transfer” payments.

 

To minimise such risk it is important that Council regularly review its long term capital works program for water supply and sewerage services.  In relation to this at Council’s meeting on 14 August 2014 it was resolved that Council note the planned timing of the preparation of a new Integrated Water Cycle Management Strategy (IWCM) in the first half of 2016.  The timing of this review is based on new requirements from the NSW Office of Water for the preparation of an IWCM Strategy and Strategic Business Plan (SBP) every 8 years on a rotation of every 4 years.  As Nambucca Shire Council adopted its IWCM in December 2010 and its SBP in February 2012, new transitional arrangements mean that a new IWCM will fall due in 2016.  The SBP would then be prepared in 2020.

 

Of course there is also risk associated with not taking any dividend which the Council is entitled to.  Even though the Council has been assessed by IPART as having a financial plan to secure the financial sustainability criteria to make it “Fit for the Future”, the Council has to implement this plan as proposed and overcome any unforeseen risks to its implementation.  And there are plenty of risks.  By way of example the financial plan which was submitted to IPART did not include any consideration of the handover of the existing Pacific Highway road and bridge assets to Council not did it contemplate on-going financial difficulties at the Federal Government level affecting the distribution of Financial Assistance Grants.

 

Hence it is imperative that the benefit of any dividend which might be obtained from a water supply surplus be applied to the Council’s financial “Achilles heel” which is the funding of the capital renewal of its road and bridge assets.  The payment of the dividend opens up the possibility of replacing more of Council’s timber bridges in concrete which itself would provide a compounding long term benefit of likely halving the size of the bridge replacement program.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary impact and risks are discussed in the report.

 

Source of fund and any variance to working funds

 

If the Office of Water agrees to the payment of a dividend from the surplus from water it will represent an increase of $163,450 in the working funds in Council’s General Fund.  Of course from a consolidated funds position there will be no change in working funds as the dividend is essentially an inter fund transfer.

 

Service level changes and resourcing/staff implications

 

There has been considerable work undertaken by Council’s Auditor with the assistance of Council staff in conducting the audit of Council’s water supply business to determine the Council’s eligibility for a dividend from surplus.  The audit has resulted in the preparation of a new draft water supply policy which is separately reported in this business paper.

 

Attachments:

1

15479/2015 - Proposed Dividend from Surplus - Water and Sewer review management letter 2015

 

  


Ordinary Council Meeting - 26 November 2015

Obtaining a Dividend from the 2015 Surplus in Council's Water Operations

 




Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.8      SF1910            261115         Donation to the Nambucca River Festival - Waste Processing Costs

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council support a donation to the Nambucca River Festival equivalent to the cost of processing the Festival’s collected mixed and recyclable waste.

 

 

OPTIONS:

 

There are no real options.  Given the available time to organise the event, arrangements have already been made for the supply of the hooded bins.

 

DISCUSSION:

 

The Nambucca River Festival Committee contacted the Mayor and General Manager in relation to the provision of waste receptacles for the event.  The email concerning their request for the provision of waste receptacles is shown below.

 

Michael

 

At the request of the Council the Nambucca River Festival signed up as a Nambucca Shire signature event in the Living Coast Festival. This has meant adopting a raft of sustainability principles such as ensuring stall holders use recyclable materials and banning plastic bags and sales of bottled water.

 

I attended the first event in the Living Coast Festival at Coffs Harbour - the Coffs Harbour Sustainable Living Day on 1 November and in discussion with Erika van Schelleback of Coffs Council discovered that their event was using Event Hooded Bins which separated recyclable waste from other waste. Erika told me these bins were provided free of charge and were processed through the domestic waste stream.

 

There are three benefits for using these bins at the Nambucca River Festival:

1. Effective separation of recyclable waste,

2. Reduced volunteer effort - the alternative requires regular emptying of bins throughout the festival and transfer to a skip.

3. Reduced cost - we understand these hooded event bins are provided free but the cost of a skip is a few hundred dollars.

 

I now understand that the Nambucca Shire Council has refused a request to process the hooded event bins through the domestic waste stream leaving us with no alternative but to use a skip. I believe this is not in the spirit of our agreeing to sign up to the Living Coast Festival and adopting sustainable principles. It is also inconsistent with the practice of Coffs Council - one of the councils with which Nambucca Shire a Council shares a Waste Management service.

 

I ask that the decision to deny us the ability to send waste through the domestic stream and so take advantage of the Event Hooded Bins be reviewed and reversed.

 

(Emails relating to this issue follow)

 

Regards


Rod Edwards

Chair, Steering Committee, Nambucca River Festival

 

In relation to the request (and the initial refusal) it should be noted that whilst the event bin hoods can be supplied at no cost, the Council is liable for the processing charges for the collected waste.  These charges are $141.55 per tonne for mixed waste and $61.54 per tonne for recycled product.  The initial request was refused as no donation request had been made for a waste service nor had any provision been made in the waste budget for the expense.

 

The Mayor queried the determination given the enormous effort put in by volunteers and in the spirit of the “Living Coast” theme.  With the remaining time left to organise the Festival the General Manager then instructed staff to make arrangements for the hooded bins to be provided with the processing costs to be at Council’s expense.  It is understood that Handybin will make a special trip to Macksville on Monday morning to collect the bins.

 

Handybin will be providing 7 x 240 litre red event bins and 7 x 240 litre yellow event bins.

 

The purpose of this report is to obtain Council’s approval for a donation to cover the waste processing costs.  It is unknown what the cost of the waste processing will be.  Given the size of the Festival the best guess is something in the order of $500.  Council’s Waste Management Officer will keep records of the cost so it is available for consideration for next year’s event.

 

Council’s Waste Management Officer has advised the Festival organisers about Council’s Donations Policy and its application to the provision of waste management services.

 

CONSULTATION:

 

There has been consultation with Council’s Waste Management Officer (now titled Civic Services Coordinator).

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The separation of recyclables from the general waste stream is an environmental benefit.

 

Social

 

Council’s financial support will reduce the Nambucca River Festivals expenses.

 

Economic

 

The Nambucca River Festival is of economic benefit to the community.

 

Risk

 

There are no significant risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost to Council’s budget is expected to be in the order of $500.

 

Source of fund and any variance to working funds

 

About $500.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

General Manager's Report

ITEM 9.9      DA2015/093      261115         Development Application - Use of Building as Depot

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor; Kyle Bates, Area Health & Building Surveyor         

 

Summary:

 

The proposed development is for the use of an existing building and the operation of an existing water carting business on lot 202 DP 841112 765 Wilson Road, Congarinni North. The building has been provided with a new access across the property in a location that will be beneficial to reduce any associated negative impacts observed by adjoining property owners.  The water carting business comprises 3 trucks. The construction of the building is in accordance with a detail plan provided by a professional engineer.

 

It is understood that the water carting business has been in operation for over 8 years from the subject property. In recent times a large shed was constructed adjacent to existing buildings that the business operated from. Due to the size of the shed, it needed Development Consent from Council. Investigations into the unauthorised structure further disclosed the operation of the water carting business. This also required Development Consent from Council as a ‘depot’. Pursuant to Council’s Local Environmental Plan 2010 a depot ‘means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building’.

 

A copy of the plans and Statement of Environmental Effects for the proposed development can be found in Attachment 1 of this report.

 

The application has been notified and assessed in accordance with the Environmental Panning and Assessment Act 1979 and subject to the recommended conditions of consent.  It is also considered to be consistent with all the relevant matters of consideration.

 

The development application has being referred to Council for determination as the subject property involves a Council employee.

 

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:

 

1        That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/093 for the use of existing buildings on site as a depot incorporating the operation of an existing water carting business on lot 202 DP 841112, subject to the schedule of conditions outlined in Attachment 2 of this report.  The consent shall also endorse the plans contained in Attachment 3 of this report.

 

2        That Council note the submission in the confidential report.

 

 

 

OPTIONS:

 

(a) Grant consent to the development application, either unconditionally or subject to conditions, or

(b) Refuse to grant consent to the development application and take compliance action.

 

 

DISCUSSION:

 

The subject site is located at 765 Wilson Road, Congarinni North and is legally known as Lot 202 DP 841112.  The site is located within the RU2 Rural Landscape zone and contains a dwelling house swimming pool, garages, farm building/truck depot, two internal driveways with a common road access, slight slopes, scattered trees with areas susceptible to bushfire (area developed not affected by bushfire).  The majority of the site is cleared grazing land.

 

The proposed development includes the use of the existing buildings as a truck depot and operation of an existing water carting business on lot 202 DP 841112 765 Wilson road Congarinni North.  The specifics of the proposed development are outlined within the plans and Statement of Environmental Effects submitted by the applicant. These can be found in Attachment 1 of this report.

 

The buildings associated with the housing of the vehicles are also used as farm buildings for storage of farm equipment and associated items. The existing buildings host a vehicle service pit, amenities (connected to recently upgraded on site sewerage management system) and a diesel storage tank and petrol pump.

 

Subject to the recommended conditions of consent, the proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows;

 

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

 

Due to the scale and location of the development and that no vegetation was required to be removed it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Section 79C(1) Evaluation

 

In determining a development application, Council is required to take into consideration the following matters:

 

(a)         The provisions of

 

(i)         any environmental planning instruments

 

·      The Nambucca Local Environmental Plan 2010 (NLEP 2010)

 

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

Truck depot is permitted with consent under the zone RU2 Rural Landscape.  The proposal also complies with the objectives of the zone by virtue of not unreasonably interfering with the rural landscape and character of the land, and does not have an adverse impact on the Council’s urban water supply.

5.9AA – Trees or vegetation not prescribed by a development control plan

Yes

The Nambucca Development Control Plan 2010 (NDCP) is the only Development Control Plan applicable to the proposed development. The NDCP does not prescribe for the purposes of clause 5.9 any tree or other vegetation.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

The proposed development is assessed against the relevant State Environmental Planning Policies in the following table:

 

State Environmental Planning Policy

Complies

Comments

SEPP 44 - Koala Habitat Protection

Yes

No vegetation removal was required for the purpose of the development.

SEPP 55 - Remediation of Land

Yes

The land is considered suitable for the purpose for which the development is proposed to be carried out.

 

           (ii)                                                                                                                  The provision of any draft environmental planning instrument (EPI)

 

There are no draft environmental planning instruments applicable to the proposed development.

 

          (iii)  any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

The proposed development is assessed against the relevant clauses of the Nambucca Development Control Plan 2010 in the following table:

 

Part

Complies

Comments

Notification and advertising (Part A)

Yes

The application was notified and advertised in accordance with Part A of the DCP.

Environmental context (Part A)

Yes

Subject to the recommended conditions of consent and as assessed against the relevant clauses of the LEP and DCP in this report, the proposed development is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.

Car Parking (Part C)

Yes

It is considered that there is sufficient room for all vehicles associated with the development to be accommodated onsite.

Rural and environmental development  (Part F)

Yes

1       The truck depot complies with the minimum setback requirement to a sealed road.

2       The truck depot will be located over 157m from the closest dwelling not associated with the development which exceeds the 150m minimum.  A vegetation buffer also exists between the truck depot and the closest dwelling reducing the required separation distance to 80m however, 157m is provided.

Waste Minimisation And Management (Part N)

Yes

Conditions have been recommended to be included within the consent regarding the management of waste during construction and operation of the development.

 

         (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.

 

There are no planning agreements applying to the subject site.

 

          (iv) Any Matters prescribed by the Regulation

 

The proposed development is assessed against the relevant matters for consideration prescribed by the regulation in the following table:

 

 

Complies

Comments

Clause 94(1) — For development involving alterations and/or extensions to an existing building: Will it be appropriate to require partial or total conformity with

Yes

Partial Compliance – Fire Extinguishers Required In accordance with the relevant National Construction Code (BCA)

 

 

(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.

 

Issue

Comments

Context and Setting

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the existing character of the site or surrounding area due to its scale (height and footprint not contrary to what is prevalent within the rural zone), separation from the closest dwelling not associated with the development (157m), substantial setback and vegetation screening.

Access, Transport and Traffic

A secondary access has been created on the lot that exits at the same point of Wilson Road and has been constructed on the western side of the existing dwelling on-site.  This new driveway creates a greater separation from the dwelling on the property to the east.  It is noted that the business comprises of 3 water trucks having little affect upon the traffic using Wilson Road Bowraville. Council’s Manager Technical Services has also advised that Desirable Safe Intersection Sight Distance is achieved. The required sight distance for 90km/h speed limit is 226 metres with a 2.5 second reaction time. The access achieves a site distance of approximately 400 metres to the West and approximately 320 metres to the East. The Applicant will be required to provide a seal of 3 metres from the edge of Wilson Road

Public Domain

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the public domain.

Heritage

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Air and Micro-climate

The use of the secondary access road will limit air quality/dust nuisance issues to the dwelling located to the east of the proposed development.  A condition of consent also requires that the road verge be sealed and that the new access road be gravelled at all times during the operation of the business.

Flora and Fauna

It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Waste

Conditions regarding the storage and disposal of waste during construction and the operation of the truck depot have been included within the recommended conditions of consent.

Noise and Vibration

Due to the separation of the truck depot from surrounding dwellings and the nature of its proposed operation (intermittent truck movements and maintenance within shed) it is not considered that it will have any significant noise impacts on the surrounding area. Restrictions on construction and operation hours have been included within the recommended conditions of consent.

Social Impact in the Locality

Having regard to the above and subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant social or economic impacts on the locality.

 

(c)      The suitability of the site for the development

 

Subject to the recommended conditions of consent, it is considered that the site is suitable for the proposed development with the truck depot being suitably screened and separated from the surrounding area, with sufficient access available to the site which can accommodate the proposed truck movements.

 

d)       Any submissions made in accordance with this Act or the Regulations

 

Representations have been made with Council over the last 12 months or so with respect to the subject land use. The subject Development Application was notified to adjoining property owners for a period of 21 days. One submission was received. The following table summarises both past submissions and those matters raised in the submission to the Development Application.  (Attachment 4 in the confidential report).

 

Summary of Matters Raised From Adjoining Property 

Reporting Officers Comment

Strong and persistent diesel fume smell and impacts in dwelling

No diesel fumes were observed on any required site inspections of the property. All fuel storage kept on-site is to be in a safe and contained environment.  Quantities and storage methods have been conditioned to comply with the relevant guidelines. Given the setback of the development from adjoining dwellings, it is not likely that fumes would be at levels such to cause harm.

Subjected to vibration

With the sufficient setback from adjoining dwelling and use of additional driveway the effects of vibrations felt to adjoining properties will be reduced.

Subjected to noise

As per above the setback and new access along with compliance with Nambucca DCP setbacks  and use of existing vegetation buffer the effects of noise issues will be reduced.  Conditions of consent have also been included specifying operating restrictions to aid in noise control.

Subjected to dust

The use of the new gravel access, setback distances and existing vegetation buffer will reduce the effects of dust issues observed on adjoining properties.

Subjected to undue traffic and associated vehicle noise

The existing setback and use of new access will reduce the effects of negative vehicle related matters to be observed on adjoining properties.

Adversely affect adjoining property values

Council’s role as the consent authority is to assess the proposed development in accordance with the Environmental Planning and Assessment Act 1979.    Matters of property values are not required to be assessed and the development is also permissible on the land.

Compliance with zoning objectives

The proposed development is not considered to be averse to the objectives of the RU2 land zoning. A depot is permissible with consent in the zone.

Traffic issues

This has been addressed in the body of the report.

Objections to the Statement of Environmental Effects (SEE)

The SEE was completed by the Applicant. The buildings associated with the business are also used for farm related storage of equipment and other goods. Exemptions exist for farm buildings and uses therein. This Development Application seeks to legitimise a new building and an historic water carting business, noting that it is the housing of the vehicles associated with the business that triggers the consent requirement.

Context and Setting

This can be a subjective area however given the setback of the building from the road and the pattern of development along Wilson Road it is not considered to be inconsistent within the landscape.

Environmental Impacts

Potential impacts are not considered to be of major impact. Recommended conditions of consent will manage any potential environmental impact.

Social and Economic impacts

These have been dealt with in the body of the report.

Flora and Fauna

This has been dealt with in the body of the report.

Natural and Technological Hazards

The development site is not subject to any hazards within this category.

Operational and Management details

These matters have been considered in the body of the report. It is noted that the proposed development would not fall in to the definition of ‘storage premises’ pursuant to Nambucca Local Environmental Plan 2010.

 

(e)     The public interest

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As outlined above and subject to recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural environment due to the nature of the development and the site, with appropriate pollution mitigation measures included within the recommended conditions of consent.

 

Social

 

As outlined above and subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the existing amenity of the surrounding area.

 

Economic

 

The proposed development will allow for the existing business to operate under a set of conditions to reduce the impacts observed by any adjoining property owners.  With compliance with these set conditions the development is not considered to result in any significant economic impacts on the surrounding area.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

NIL

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

NIL

 

Attachments:

1

33759/2015 - Attachment 1

 

2

37563/2015 - Attachment 2 - Conditions of Consent

 

3

37497/2015 - Attachment 3

 

4

37496/2015 - Attachment 3

 

5

37494/2015 - Attachment 3

 

6

37493/2015 - Attachment 3

 

7

37492/2015 - Attachment 3

 

  


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 











Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 

Recommended Conditions of Consent

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

-

Neale + Simone Howle

-

Site Plan + Building Plan + ENGINEERING

15-070

Ron Hawkins & Associates

8.10.15

 

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

 

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

2        All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

          In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

This condition does not apply:

 

a        to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b        to the erection of a temporary building.

 

Existing buildings to be bought into compliance with fire safety provisions

 

3        In accordance with Clause 93 and 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s), subject to a development application, be bought into partial compliance with the provisions of the Building Code of Australia in respect to the following table:

 

Building Code of Australia edition (Year)

Section & Clause No to be complied with

Description of upgrade works

2015

Services & Equipment

Part E1 Fire Fighting Equipment

E1.6 Portable fire extinguishers.

Provide portable fire extinguishers in accordance with Sections 1,2,3 and 4 of AS2444

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Construction times

 

4        Any works involving the generation of noise which extends beyond the boundary of the land, other than works required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm, shall only be carried out between 7:00 am and 6:00 pm Monday to Saturday inclusive. No works shall occur on public holidays.

 

The builder/site manager is responsible to instruct and control sub-contractors regarding the hours of work

 

Builders rubbish to be contained on site

 

5        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.

 

Consent required for works within the road reserve

 

6        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.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF THE BUILDING CERTIFICATE

 

Sealed driveway in accordance with Roads Act

 

7        A sealed driveway is to be constructed 3  metres in from the edge of the road formation in accordance with the Roads Act consent.

 

Damage to Council’s Infrastructure

 

8        Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Rural stormwater disposal

 

9        Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a        Clear of buildings and infrastructure,

b        Clear of effluent disposal areas,

c        Not concentrated so as to cause soil erosion,

d        Not directly to a watercourse, and

e        Not onto adjoining land.

 

Works to be completed prior to the Use and issue of the Building Certificate

 

11      All engineering works as specified by Ron Hawkins & Associates Ref No 15-070 are to be completed and inspected by Council prior to the issue of the Building Certificate.

 

Design and installation of the fuel tank

 

12      The diesel fuel tank must comply with the requirements of the NSW Work Cover Authorities and Australian Standard AS1940-2004 “The Storage and Handling of Flammable and Combustible Liquids”.  In this regard, certification from a Work Cover Authority Approved Consultant must be submitted to Council.

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Building not to be used for residential occupation

 

13      The building must not be used for any form of residential occupation.

 

Fire Safety Certificate (Part 9, Division 4 Clause 172 of the EP&A Regs 2000)

 

14      As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

 

a        must cause a copy of the Certificate (together with a copy of the Fire Safety Schedule) to be given to the Commissioner of the NSW Fire Brigade, and

b        must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

Access must be permitted to Council officers

 

15      Authorised Council Officers must be permitted access to the property during normal business hours for the purpose of ensuring compliance with consent conditions.

 

Servicing of Vehicles associated with business

 

16      All servicing of the vehicles shall be conducted within the existing workshop that is operated in association with truck depot. Waste from servicing must be managed in accordance with EPA guidelines. Any associated noise that is generated from the servicing of the water carting vehicles must not unreasonably interfere with the amenity of the area. In particular noise when audible on adjoining residential premises, can only occur:

 

A    Monday to Friday from 7.00am to 6.00pm

B    Saturday, from 8:00am to 1.00pm 

 

17      The use of the truck depot to service vehicles and machinery that are not owned/leased by the owners of the business undertaking on the land is not permitted under this development consent.

 

Number of Trucks Onsite

 

18      No more than 3 watering trucks are to be utilised as part of the operation of the business should they be stored on the property subject to the development application.

 

Noise

 

19      Noise emitted from the truck depot must comply with the requirements for industrial premises contained in the NSW Industrial Noise Policy and must not cause the relevant amenity criteria in Table 2.1 in the NSW Industrial Noise Policy to be exceeded.

 

Use of Internal Property Access

 

20      Vehicles used in association with the operation of the water carting business must use the most western internal property road.  The use of the eastern access road may only be used by the water carting vehicles for servicing and in exceptional circumstances and not before 8am or after 4pm on any day.

 

 

 

 

Erosion and Sediment Measures

 

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

 

 

REASONS FOR CONDITIONS

 

i.    To comply with the provisions of Nambucca Local Environmental Plan 2010

 

ii.    To ensure the development is completed in accordance with conditions of consent and approved plans

 

iii.   To preserve the environment and existing or likely future amenity of the neighbourhood

 

iv.   To ensure adequate access to and from the development

 

v.   To protect vegetation

 

vi.   To protect the environment

 

vii.  To preserve the amenity of the area

 

 

NOTES

 

Issue of Building Certificate required

The building must not be occupied until Council has issued a Building Certificate.

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $750 or $1500 Corporation) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

 


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 


Ordinary Council Meeting - 26 November 2015

Development Application - Use of Building as Depot

 

 


Ordinary Council Meeting                                                                                            26 November 2015

Corporate Services

ITEM 10.1    SF251              261115         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Access Committee

24/11/2015

Access Committee

2.00 PM

Ordinary Council Meeting

26/11/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

Tuesday 15/12/2015

Council Chambers

5.30 PM

 

 

An idea which has been discussed is moving Council’s scheduled meeting from 17 December 2015 to 15 December 2015 as the latter date is exactly the 100th anniversary of Nambucca Shire Council’s constitution.  To add a bit of novelty to the event it is suggested that Councillors and Council Staff come to the meeting dressed in period costume.  Of course in 1915 there were no female Councillors and the possibility of a female Mayor would have been as foreign as same sex marriage.  So the call is not for the ladies to cross dress (unless they want to) but to come in “Sunday Best” period attire.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF306              261115         Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 8 November 2015

 

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

 

SUMMARY:

 

The report acknowledges the Minutes of the Annual General Meeting of the Burrapine Public Hall Committee of Management and the new Committee.  Copies of the Minutes of this meeting (which was held on 8 November 2015) and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 8 November 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Burrapine Public Hall’s Committee of Management was held on Sunday 8 November 2015.

 

The Committee of Management for 2015/2016 comprises:

 

          President                        Peter Wear

          Secretary                        Sue Le Maistre

          Treasurer                         Julie Noble

          Social Secretary              Peter and Jenny McKay

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

36960/2015 -  AGM minutes - 8 November 2015

 

  


Ordinary Council Meeting - 26 November 2015

Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 8 November 2015

 






Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1974            261115         Year End Financial Statements – 30 June 2015

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services; Faye Hawthorne, Accountant         

 

Summary:

 

Pursuant to Section 418 and Section 419 of the Act, Council is required to present the audited Financial Statements and Auditor’s Reports to the public.

 

The Financial Statements for the year ended 30 June 2014, have been completed and the audit reports required by the provisions of Section 417 of the Local Government Act 1993 have been received and copies are attached.

 

The attached Audit Report under Section 417(2) and 417(3) provides an independent and comprehensive explanation of Council’s financial position and Mr Geoff Allen of Forsyths has advised that he will attend the public meeting to report on the Statements. 

 

The financial statements indicate Council’s financial position as at 30 June 2015 once again remains sound, continuing the trend of positive financial results.  Notwithstanding, prior to the Fit for the Future assessment process, Council’s long term financial sustainability was problematic based on the perceived maintenance and renewal backlog associated with Council’s Infrastructure Assets. Council has been mindful for some time of the criticalness of this issue and steps such as rate variations have been taken over a number of years to ameliorate this scenario.  Council resolved last November ‘that Nambucca Shire does have the scale and capacity broadly consistent with the recommendation of the Independent Local Government Review Panel….’.  With Council required to submit a Council Improvement Proposal by the 30th June 2015, the 2015/2016 budget process became crunch time to intensify and formalise asset management processes and procedures, maintenance and renewal reporting, focus with greater criticality on each budget responsibility, crystallise the perceived sustainability issues, and provide a more rigorous and justifiable reflection of Council’s future financial position.  

 

Council’s Assistant General Manager Corporate Services has kept Council up to date with the process and advised Council at its previous meeting of 12 November of IPART’s assessment of the Nambucca Shire Council as ‘Fit for the Future’.  The onus now will be on this organisation as a whole to continue to firmly abide by its long term financial and asset management planning proposals to ensure the performance targets set in the Improvement Proposal are met.

 

With regard to the 2014/1015 Financial Statements, the Income Statement, Statement of Financial Position, Statement of Changes in Equity and Statement of Cash Flows consolidate the information contained in the notes to the accounts and provide the big picture of Council’s operations and financial position as at the 30 June and are attached for Council’s information along with the notes and schedules showing Council’s financial indicators. Copies of the Consolidated Financial Statements are available on Council’s website and hard copies can be provided upon request. 

 

Also attached is a copy of Council’s investments detailing external and internal restrictions for which the investments are held as at 30 June 2015.

 

 

 

Recommendation:

 

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2015 be received.

 

 

 

OPTIONS:

 

Presentation of the audited Financial Statements and Auditor’s Reports is a requirement under the Local Government Act 1993.

 

 

DISCUSSION:

 

 

OPERATING RESULT

 

The Income Statement shows a consolidated operating surplus for the year of $6,801,000 compared to a surplus of $5,806,000 the previous year. Council’s operating result before capital grants and contributions is a deficit of $3,215,000.

 

For Council’s category 1 business activities Water Supplies and Sewerage Service, the continuing operations result for the year after imputation of tax equivalents is a surplus of $1,457,000 and a surplus of $367,000 respectively.

 

The operating results distinguish from the Working Capital Result figures reported with the June Budget Review as they do not include capital expenditure and include non-cash items of depreciation, fair value adjustments and increase in employees leave entitlement liability. In addition, the results do not recognise the transfers to and from restricted assets, or items revoted to 2015/16.

 

 

TOTAL EQUITY

 

Council’s Total Equity or Net Assets increased to $406,159,000 from the $327,613,000 held as at 30 June 2014. The increase again was influenced primarily by an increase in infrastructure assets reflecting the work on the Off-Stream Water Storage project and the revaluation of roads. The Statement of Financial Position lists the items that make up this equity and the Statement of Changes in Equity shows the increase from 2013/14 to 2014/15.

 

 

PERFORMANCE INDICATORS

 

Note 13 of the Financial Statements provides Local Government Industry Indicators. These indicators were revamped last year to align with the Performance Measures utilised by TCorp.

 

The Operating Performance Ratio is aimed to assess Council’s ability to meet operating expenditure through its operating revenue. Logically an ongoing average ratio of >0% would be required to prove sustainability. This ratio indicates that Council’s operating income was sufficient to cover operating expenses. It is favourable with the TCorp benchmark of -4%. The contributing factor to that of the previous year’s ratio was the increase in operating grants resulting from the timing of FAG and natural disaster grant funding.  

 

Own Source Operating Revenue measures how much financial flexibility Council has through the non-reliance of external funding sources.  The TCorp benchmark is >60%. Council remains around this benchmark which indicates that Council is not completely hamstrung in financing planned expenditure.

 

The Unrestricted Current Ratio is the financial indicator that is the truest of the indicators reflecting Council’s working funds position. The TCorp benchmark is 1.5:1. Council’s ratio confirms the strength of Council’s working funds.

 

Council’s Debt Service Cover Ratio which highlights the magnitude of available cash being utilised to service debt is also favourable against the TCorp benchmark of 200%.

 

Rates, Annual Charges, Interest & Extra Charges Outstanding Percentage indicator assesses the impact of uncollected rates and charges on liquidity and the adequacy of recovery efforts. Council’s ratio is well below that of the TCorp benchmark of 10% which confirms Council’s thorough debt recovery process and the minor impact on liquidity.

 

The Cash Expense Cover Ratio is another liquidity measure and shows the number of months Council can continue paying immediate expenses without cash inflows. TCorp’s benchmark is 3 months. The reported ratio substantiates Council’s strong liquidity position. It should be noted that this strength is primarily a result of healthy reserves that are set aside for future projects particularly those in Water & Sewerage funds.

 

 

INFRASTRUCTURE ASSET PERFORMANCE INDICATORS

 

Special Schedule 7 includes indicators designed to provide a measure on Council’s management of its infrastructure assets.

 

The Building and Infrastructure Renewals Ratio reflects the extent to which council is preserving the condition of its building and infrastructure assets or the capital renewal capacity of council i.e. the amount of funds spent on renewing building and infrastructure assets (as opposed to maintaining them). TCorp considers a ratio of 100% as acceptable. The actual ratio again is well down on this figure and the perception emanating from this indicator is that Council will endure potential asset failure or major financial shocks to restore assets to a reasonable state.  The Fit for the Future assessment process and Council’s response with an Improvement Proposal dealt with this scenario. Accordingly, Council’s 2015/2016 budget was critical in this respect and asset management processes and procedures were reviewed and formalised with maintenance and renewal reporting scrutinised to obtain a more rigorous and justifiable reflection of Council’s future commitments and the timing of these commitments.

 

Although at this stage it is predicted that Council will not meet the benchmark by 2020 improvement is shown through a significant reduction in the depreciation expense and establishing a regular pattern of expenditure to keep assets in a consistent condition. As asset management recording, reporting and practices improve over time Council will be better informed to make the decisions possible to achieve the benchmark.

 

Infrastructure Backlog Ratio highlights the accumulation of outstanding infrastructure spending required to bring infrastructure assets up to a satisfactory condition. Without proven asset management plan data these figures are generally judgemental flowing from the perceived condition of the assets and what correlates to a satisfactory condition. TCorp believe Councils should strive for less than 2%. Councils ratio was just above this mark at 3.44%. This is a stark improvement on the previous year as a result of a move to a risk based methodology to calculate backlog. Under this methodology Council will meet the benchmark in 2016/2017.

 

Supplementing the above indicator is the Asset Maintenance Ratio that highlights the percentage of actual to required maintenance. Anything below 100% reflects deterioration in the condition of Council’s assets which is the benchmark set by TCorp. Council’s ratio is 146%.

 

The Capital Expenditure Ratio expresses the growth of Council’s assets for the year. The benefit over time of this indicator is to show whether Council is over or under capitalising in terms of providing an appropriate level of infrastructure for the community. The ratio dropped from 2.98 in 2014 to 2.52 in 2015.

 

 

REVOTES OF EXPENDITURE

 

This indicator is not a requirement for disclosure in the Financial Statements but is considered important to illustrate how well Council is planning and utilising its resources. Re-votes at year end are the commitments of expenditure that were not carried out during the budget year.

 

The ratio is intended to highlight the effectiveness of planning and the co-ordination of resources in terms of meeting project objectives in Council’s operational plan and delivery program.

 

The measure used to indicate this level is the percentage of expenditure re-votes to the total ordinary and capital expenditure of Council for the year. It should be noted that to prevent a distortion of the ratio expenditure relating to the Water Storage project has been excluded.

 

Year

Total Expenditure Re-Votes

Ordinary & Capital Expenditure

 

Ratio

 

2014/2015

  $3,049,600

$52,406,800

5.8%

2013/2014

$1,155,400

$42,404,000

2.7%

2012/2013

$1,009,400

$43,472,000

2.3%

2011/2012

$4,285,000

$41,932,000

10.2%

 

 

 

 

2010/2011

$3,504,000

8.8%

 

$39,955,000

 

 

 

 

2009/2010

$3,660,100

9.4%

 

$38,912,000

 

 

 

 

2008/2009

$4,338,100

12.2%

 

$35,596,000

 

 

Although up on the previous two years, the ratio is at a manageable level just under 6%, slightly above the industry benchmark of 5%. This again is pleasing considering the extensive flood damage works required throughout the year and the disruptions associated with a number of retirements and redundancies in the later part of the year.

 

 

CONSULTATION:

 

Assistant General Manager Corporate Services

Accountant
Budget item responsible officers

Local Government Act 1993

Local Government (General) Regulation 2005

Local Government Code of Accounting Practice and Financial Reporting

Local Government Asset Accounting Manual

 

 

SUSTAINABILITY ASSESSMENT:

Refer to discussion.

 

FINANCIAL IMPLICATIONS:

Refer to discussion.

 

Attachments:

1

37267/2015 - Year End Financial Statistics 2014-15

 

  


Ordinary Council Meeting - 26 November 2015

Year End Financial Statements – 30 June 2015

 














Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF2126            261115         September 2015 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2015/16 to a deficit of $599,900 and varies Current Liquid Equity to $2,194,400, a decline of $667,800 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $800,000 above the minimum level as per Council’s policy.

 

Water Supplies:             This review revises the net operating result for 2015/16 to a surplus of $41,400 and varies Current Liquid Equity to $2,653,500, a decline of $200 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,600,000 above the minimum level as per Council’s policy.

 

Sewerage Services:       This review revises the net operating result for 2015/16 to a surplus of $12,700 and varies Current Liquid Equity to $2,014,800, an improvement of $1,600 to the Original Budget.

 

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

.

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report. On page 5 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2015/16 year as at the 30 September 2015. Also on page 5 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 6-10 of the budget review document.

 

 

Recommendation:

 

1    That the budget review for the quarter ended 30 September, 2015 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2015/2016.

 

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated net current liquid equity surplus is $2,194,400 inclusive of internal loans.

 

The original 2015/16 budget forecast a net operating surplus of $67,900. Items revoted from 2014/15 amounted to $1,199,500. The balance of internal loans borrowed from current liquid equity was $1,101,600. This review sees a $667,800 decline in the result.

 

As noted in the June Budget Review report, the budget was not adjusted in relation to a number of variations arising from the Capital Works report of 10th September. The variations from that report now included with this review are: a net variation of $314,000 associated with unexpended plant replacement emanating from the Infrastructure Services restructure; the unexpended allocation of $98,000 relating to the 14/15 reseal programme; $168,000 to fund the finalisation of the sealing and pavement works for 14/15; and, $85,000 to fund a urban street rehabilitation project. Offsetting these expenditure items slightly was the transfer of $220,000 of gravel royalties from the reserve to supplement the previous year’s expenditure for the rehabilitation and realignment of pavement on Valla Road.

 

With regard to this financial year a number of other items have also impacted on the result. Council’s Financial Assistance Grant (FAG) budget was reduced by $43,000 ($36,000 general purpose component and $7,000 roads component) after confirmation of the actual allocation was received from the Grants Commission.  An amount of $100,000 to cover consultant costs in relation to the Pacific Highway Handover Project has been included with this review along with $22,000 for the seal extension to remove the gravel section between the existing seal and new private works on Williams Hill Rd. Also, a budgeted amount of $17,000 shown as a contribution by the SES towards operational costs has been removed as the contribution has not been received for past three years. Further, an amount of $15,000 proposed for next financial year for a Customer Satisfaction Survey has been brought forward and included with this review. Also not included in the original budget was the restriction to reserve of the lease income of $10,000 received from the Headland Caravan Park. The move to auto issue of penalty infringements has also required an adjustment to the budget of $12,000 ($8,000 capital and $4,000 operational costs).

 

In relation to income, an additional $25,000 relating to environmental compliance fees as discussed in the Manager Development & Environment’s report of this Council Meeting is included with this review.

 

It should also be noted that the purchase costs and internal loan funding associated with the acquisition of Lot 2 in the Valla Growth Area has also been included with this review.

 

WATER SUPPLIES

 

Water Supplies estimated current liquid equity surplus is $2,653,500.

 

The original 2015/16 budget forecast a net operating surplus of $41,600. Items revoted from 2014/15 reflected a zero net amount.

 

There are no major variances impacting on the result for this September Budget Review.

 

SEWERAGE SERVICES

 

Sewerage Services estimated current liquid equity surplus is $2,014,800.

 

The original 2015/16 budget forecast a net operating surplus of $11,100. Items revoted from 2014/15 amounted to $66,300.

 

As with Water Supplies there are no major variances impacting on the result for this September Budget Review.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF134              261115         Annual Report 2014-2015

 

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

 

Summary:

 

In accordance with the Local Government Act 1993, Council is required to prepare an annual report within 5 months of the end of each year. The annual report must address the Council’s actual performance against its original projected performance of its principal activities outlined in its adopted Management Plan.

 

The report is a large document and for reason of practicality it has been circularised to all Councillors. It covers the period 1 July 2014 to 30 June 2015.

 

A copy of the Annual Report is to be posted on Council’s website and a copy provided to the Minister for Local Government.  The Annual Report must have annexed to it, the Audited Statements.

 

 

Recommendation:

 

That Council note the completion of the 2014/2015 Annual Report and that the 2014/2015 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.

 

 

 

OPTIONS:

 

There are no options as Council must place the Annual Report on its website and advise the Minister by 30 November 2015.

 

 

DISCUSSION:

 

Council must prepare its Annual Report within 5 months of the end of the financial year and advise the Minister for Local Government.  The report is to include as an annexure, the Audited Statements.

 

The Annual Report has now been completed in accordance with the Act and will be placed on Council’s website and advice extended to the Minister for Local Government by 30 November 2015.

 

 

CONSULTATION:

 

All responsible officers within Nambucca Shire Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report as it has been completed within the prescribed time limits outlined in the Local Government Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not Applicable

 

Source of fund and any variance to working funds

 

Not Applicable

 

Service level changes and resourcing/staff implications

 

Not Applicable

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                            26 November 2015

Engineering Services

ITEM 11.1    SF86                261115         Appointment of State Emergency Service Acting Volunteer Local Controller

 

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

 

Summary:

 

Mr Peter Shales has been appointed Local Controller for the Local State Emergency Services (SES) for a 2 year period effective 29 September 2015.

 

 

Recommendation:

 

That Council acknowledges the advice of the appointment of Peter Shales as the Local Controller for the Nambucca Local Government area for a 2 year period commencing 29 September 2015.

 

 

OPTIONS:

 

Receive and note the report.

 

 

DISCUSSION:

The State Emergency Service Act 1989 - SECT 17 requires the appointment of a Local SES Controller.  Formal notification has been received from the SES Commissioner, Adam Dent, of Mr Shale’s appointment and a copy of his letter is dated 29 September 2015 is attached.

 

 

CONSULTATION:

 

Commissioner – State Emergency Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report.

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report as the position is on a volunteer basis.

 

Risk

 

There are no risk implications associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the 2015/2016 budget as Council make a provision to the operating expenses of the Nambucca SES and also the Emergency Service Levy within the annual budget and management plan.

 

Source of fund and any variance to working funds

 

There is no variation to working funds required this financial year as a result of this report.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or implications to resourcing or staff associated with this report.

 

Attachments:

1

32599/2015 - SES advice of appointment of Nambucca LGA Local Controller, Peter Shales

 

  


Ordinary Council Meeting - 26 November 2015

Appointment of State Emergency Service Acting Volunteer Local Controller

 



Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF1676            261115         Capital Works Report - September 2015

 

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

 

Summary:

 

This report provides Council with a quarterly report on the Capital Works Program for the first quarter of the 2015/2016 financial year with expenditure YTD week ending 13 November 2015.

 

 

Recommendation:

 

1        That the Capital Works Report for the first quarter of the 2015/16 financial ending 30 September 2015 be received and noted.

 

2        That Council endorse the proposed variation to the electricians van and place the $20,000 allocation back into the plant reserve and note the van has been placed on a five year plant replacement cycle as per other commercial vehicles in Council and the variation be included in the December 2015 budget review.

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

Comments from Assistant General Manager Engineering Services:

 

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

 

An auction sale is being organised for February/March 2016 for the disposal of surplus material. Council presently sells any surplus steel through the Midwaste steel collection contract.

 

Disposal of vehicles – The vehicles changes made from the restructure have now been purchased and the Manager Assets will elaborate on the purchase and disposal of vehicles within his section.

 

Timber materials – Suitable reclaimed bridge materials have been reused in council parks and reserves, an example being the installation of timber bollards at Stuart Island and Morrison Park. Were feasible consideration is being given to the reuse of materials rather than waste,

 

The Capital Works report is presented for the period ending 30 September 2015.

 

2014/15 revotes:

 

Civil Works – The revotes for civil works at 30 June 2014 was endorsed by Council and carried forward into 2015/16 financial year as a revote.

 

At the time of this report, the majority of revotes have not been expended as they coincide with bitumen sealing works scheduled for January and February or footpath and drainage works associated with grants and the Aden Street footpath which has only recently been endorsed by the community.

 

Road works that were undertaken in Nambucca and Macksville Streets are still to receive the final pavement treatment via asphalt and or bitumen seal, these works are still being monitored as there have been some sections that experienced subgrade failures requiring further attention through contractor warranty prior to the final wearing course being completed

 

Plant - Council resolved to place the unexpended funding of $438,000 for 2014/15 plant replacement emanating from the Infrastructure Services restructure report back into the plant reserve to be re-voted to complete the purchases within the 2015/16 financial year.

 

RFS - Council resolved to place the unexpended 2014/15 RFS funding into a reserve for consideration of allocating the unspent funds toward capital plant and capital work upgrades on buildings. The RFS Zone Manager will be presenting his 2016/17budget to Council in January 2016 which will incorporate the request for the use of these funds held in reserve.

 

Water and Sewerage - Outside of the civil works there was a revote in funds associated with the Bowraville Off River Storage project to finalise outstanding construction and commissioning costs as well as the funding for the two outstanding compensation payments

 

Flood Damage Program -The flood damage restoration works were to be completed by 30 June 2015 and Council has received the entire payment of the grant allocations for these works.  There is a provision in the funding agreement that works may be extended into July.  With the complications surrounding the concurrence on the agreed rehabilitation techniques, the allocation and tender authorisation and concurrence required from RMS for these works, the timeframe surrounding the finalisation was extended into August All Flood damage works stemming back to 2009 have now been completed and awaiting final acquittal from the RMS

 

First quarter review of the 2015/2016 financial year:

 

This current review reflects the first quarter of the 2015/2016 financial year with expenditure reported to 13 November 2015.

 

The majority of work undertaken in this first quarter has been orientated on maintenance works with particular emphasis on maintenance grading using the new techniques and reuse of asphalt milling retrieved from the asphalt works on trial sections of gravel pavement.

 

The 2015/2016 capital works program is in progress with Gumma Road under construction. Geotechnical investigation and design is in progress for the remaining road capital works program which are scheduled to commence in the second quarter through to the end of the financial year..

 

The rural and urban heavy patching program has commenced and preparation is underway for the annual rural roads reseal program scheduled for February 2016.

 

April 2015 flood event

 

Council’s natural disaster funding for the flood event that occurred in April 2015 is presently being assessed by the Public Works on behalf of the RMS. With the change to funding arrangements, it is anticipated that the majority of work may have to be undertaken via the use of contractors which will prolong the repair to infrastructure. The value of the claim submitted is $2,261,000.

 

Macksville Park “Fun & Fitness” Project

 

Work on this project has now been completed as per the grant conditions and staff will be organising to acquit the grant in December and are awaiting some outstanding invoices to be processed. An official opening has been scheduled for November to coincide with River festival. The project entailed:

 

·      Fitness Trails and landscaping

·      Skate Park

·      Community Recreation Room.

·      Lighting of the oval

 


Riverside Drive Project

 

All stabilising and pavement works on this project has now been completed as per the grant conditions and staff will be organising to acquit the grant in February 2016.  The following funds for the revegetation of the EEC along Riverside Drive have been placed into a restricted reserve for use over the next five years.

 

Riverside Drive EEC Revegetation Funding Plan

Item

Frequency

Number

Rate

Cost

Audit of Littoral Rainforest

Annual

5

$ 3,450.00

 $  17,250.00

Vegetation management plan

Once

1

$ 3,960.00

 $   3,960.00

Weed Spray

Annually for 3 Years

3

$ 3,600.00

 $  10,800.00

Plant trees 1000 Plus 10% replacement of failures

Once

1100

$    20.00

 $  22,000.00

Maintenance

Annually for 2 years

2

$ 8,800.00

 $  17,600.00

Total

 $  71,610.00

 

There are also approximately $251,000 in unexpended funds from savings with the contracts and scope of works.  The funding authority has been provided with an amendment proposal for additional works to the Scope of Works at Section 2, Riverside Drive between Piggott and Nelson Streets. The additional items are a retaining wall and dish drain east of Piggott Street toward Nelson Street, and pavement reconstruction and asphalt at the adjacent intersection with Piggott Street.

 

This would complete the necessary work along Riverside Drive.  The cost estimates are as follows:

 

Road Pavement                        1325 m2       $  80,000

Asphalt                                    1225 m2       $  38,000

Dish Drain                                100 LM        $  10,000

Drainage Pits                            x 2               $    3,000

Graviti Block Retaining Wall       80LM           $120,000

TOTAL                            $251,000

 

Comments from Manager Infrastructure Services:

 

This report reflects the first quarter of the 2015/2016 financial year with a very favourable outlook on the completion of the annual program.

 

Council’s bridge program

 

The bridge program is well progressed at the time of preparing this report.  Staff are presently investigating the use of prefabricated concrete bridge components for the construction of Bakers Creek Bridge and Bradleys Bridge which is subject to Natural Disaster funding.  (Note: Bradleys Bridge is under flood damage vote).  The tender documents have been prepared Boat Harbour Bridge which is a proposed as a Design and Construction contract.

 

 


Adin Street Detention Basin

 

Work on the basin was scheduled to commence in the first quarter, however there have been a number of changes to the design emanating form the community group and the latest design ready for construction has seen basin enlarged in area but the walls of the bern lowered which lessening the impact of an engineered constructed basin.

 

Adin Street footpath

 

Work on the footpath was scheduled to commence in the first quarter, another design change emanating from discussion with the community group has resulted in a compromise and the footpath relocated from the top of the embankment adjacent to the road to the toe of the embankment which will be much cheaper option to construct and safer proposition for pedestrians.

 

Comments from Manager Assets:

 

Public toilet amenities block

 

The Bellwood Park public toilet block has been completed and is now open to the public. An amended design based on the tilt slab construction is being drafted for Gordon Park and Shelly Beach. These environments have a high corrosive element and the roof structure is being amended from roof timbers and sheeting to a concrete slab. Advice from the builder is that this will save approximately two weeks in construction from the ease of tilt construction methods and a provide a smooth and robust finish that is suitable for a high use amenities facility.

 

Plant replacement

 

As a result of the restructure within Infrastructure Services, a number of changes to the 2014/15 plant budget occurred. The timing of this restructure had affected the plant replacement program resulting in the need for some revotes which were endorsed by Council.

 

Some of the deliveries of these vehicles did not eventuate within the 2014/15 financial year, and these vehicles have been held onto until the new vehicles were supplied and have been fitted out and made suitable for use. All vehicles have now been purchased with the final two trucks to be traded when the fit out of the new trucks have been completed in November.

 

A number of light vehicles are scheduled to be transferred back to Toyota as their respective lease expires in December and January and a replacement vehicle will purchased in accordance with the budget allocation.

 

The Assistant General Manager Corporate Services has been allocated the vehicle that former Water and Sewerage Supervisors used (which was a Hyundai IX35) and his vehicle subsequently sold. A replacement 4x4 utility has been allocated (currently on order) for the Water and Sewer Coordinators position. With this change, all the coordinator positions will be in a similar type of vehicle.

 

New vehicles have been ordered for the Manager Community and Cultural Services (replacing a Toyota leased vehicle) and a new vehicle has been ordered replacing the vehicle written off in a motor vehicle accident on 19/08/2014 (Maintenance Grader vehicle).

 

The electricians van shown in the 2015/16 budget has been reviewed and postponed due to low kilometres and the need to fit out the van with storage units.  The $20,000 allocation for the Electrician’s van is to be placed back into plant reserve and reallocated in the 2017/18 year.  The Electrician’s van has now been placed on a 5 year replacement program, which is in alignment with other Commercial Vehicles in Council’s fleet.

 

Comments from Manager Water and Sewerage:

 

There are no variations proposed for the September 2015/16 Budget review. 

Carryovers from the 2014/15 budget for the Off River Storage Project (WO 2012) and Off River Storage Land Matters (WO 1810) should provide enough funding to finalise these works.  There is only one remaining landowner where negotiations for compensation are yet to be finalised.

 

Council has been previously advised of changes to the proposed works at Bowraville STP to ensure that the recycled water system conforms to current guidelines and will satisfy DPI – Water Section 60 approval requirements.  Construction of proposed upgrade works will not occur until next financial year and the budget for this project will be adjusted accordingly for this financial year.

 

It should be noted that additional funding may be required for repairs to sewer mains in Sturdee Street.  This will be the subject of a separate report to Council once a decision has been made on whether to proceed with the work.

 

Comments from Waste Management Officer:

 

There are no capital works to report in this period.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental issues associated with this report.

 

Social

There are no social issues associated with this report.

 

Economic

There are no economic issues associated with this report.

 

Risk

There is no risk issues associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

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

 

Source of fund and any variance to working funds

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

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

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Engineering Services Report

ITEM 11.3    SF818              261115         Bowra Dam - Variation to Licence Conditions for Environmental Release

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

At the ordinary meeting of Council on 27 August 2015 the following resolution was made:

 

“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.”

 

Nothing can be done in this regard without the support of DPI – Water so as a result they have been contacted with a request to provide advice as to whether a proposed variation would be considered.  The following response was received by email on 12 November 2015:

 

“Thank you for your email and letter of 21st October.  I apologise for the delay in responding. I have been on unplanned leave for much of the recent months.

 

In terms of your request to vary the license condition to allow for the retention of a part of rainfall events occurring above the dam the Department has initiated an internal discussion as to whether or not to support Council's request.  

 

Since this is a long term proposal and a departure from what was originally considered it is suggested that a brief environmental assessment be undertaken (REF?) to support Council's proposal. This would give stakeholders an opportunity to have their say and give the department something upon which to base a more informed decision.”

 

 

Recommendation:

 

That Council:

 

a   Request NSW Public Works to provide a fee proposal to prepare a Review of Environmental Factors on the impacts of capturing a percentage of runoff from high rainfall events to assist in maintaining water levels in Bowra Dam during operation and delegate authority to the Assistant General Manager Engineering Services to approve their engagement should the proposal be considered reasonable.

 

b   Approve the allocation of up to an amount of $15,000 being additional funding to the Dam Operation budget to cover the cost of the fee proposal and report the amount through the quarterly budget review.

 

c   Submit the REF to DPI – Water with a request that Council’s Manager Water and Sewerage be given the opportunity to meet with stakeholders to present Council’s case for the proposed licence variation.

 

 

OPTIONS:

 

Operate the dam in accordance with existing licence conditions

 

 

DISCUSSION:

 

The licence conditions for the  operation of  the off river storage require Council to release all runoff generated from rainfall events to mimic as close as possible the natural conditions in Bowra Creek as if the dam was not there.

As the storage is an off river storage Council has to expend considerable energy and money pumping water into the dam to ensure that water level is maintained as high as possible to safeguard against the onset of periods of drought.

 

As the dam fills and the surface area increases a significant portion of the water pumped into the dam is just to replace water lost through evaporation.  However Council gains no benefit from water naturally falling in the catchment as rain as the licence requires the equivalent amount of water to be released as soon as practical after the event.

 

Whilst Council acknowledges that the environmental impacts of the dam should be minimised it is also aware that Bowra Creek is not a pristine environment and has been impacted by downstream users for many years.  There is a feeling that it is not unreasonable for Council to be allowed to capture a percentage of runoff from high rainfall events that would be of no real benefit to downstream property owners.

 

The main arguments for requesting the licence variation are as follows:

 

·    Bowra Creek receives a continual flow from the dam as a result of natural seepage even during times of dry weather.

·    Council has to replace water lost to evaporation but gets no gain from rainfall runoff.

·    DPI – Water have indicated that they are prepared to consider Council’s request on the proviso that Council undertake and submit an Environmental Assessment (REF) to support the proposal.

·    Runoff from high rainfall events can cause nuisance flooding and the higher flow is of no tangible benefit to downstream users.

·    Environmental releases to Bowra Creek have to be replaced by water pumped from the Nambucca River.

It is recommended that NSW Public Works be requested to provide a fee proposal for the documentation of the REF as they are very familiar with the project and the reasons why Council is seeking such a variation.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

DPI - Water

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed licence variation to allow capture of a portion of runoff from high rainfall events will have a minimal impact on the environment.

 

Social

 

It is considered that the proposed licence variation will have no direct social benefits.

 

Economic

 

The proposed licence variation will provide Council with an economic benefit by reducing pumping costs to fill the dam.

 


Risk

 

It is considered that proposed licence variation presents no risk to Council.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council will have to allocate an additional estimated amount between $10,000 and $15,000 in the current budget to prepare the REF.  The proposal would have very little impact on future budgets other than a slight reduction in operational costs for pumping water to fill the dam.

 

Source of funds and any variance to working funds

 

Funds for the documentation of the REF would be sourced from working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and resourcing.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            26 November 2015

Assistant General Manager Engineering Services Report

ITEM 11.4    SF1031            261115         Draft Water Supply Policy

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

An updated and rationalised draft Water Supply Policy document has previously been provided to Council for review and comment and subsequently placed on public exhibition for the requisite period of time.

 

No submissions have been received from the general public and it is recommended that the policy be adopted by Council.

 

 

Recommendation:

 

That Council adopt the new Water Supply Policy (Our Ref: 17106/2015) which makes the following policies redundant:

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

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

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

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

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

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

 

 

OPTIONS:

 

No other options considered.

 

 

DISCUSSION:

 

An updated and rationalised draft Water Supply Policy document has previously been provided to Council for review and comment and subsequently placed on public exhibition for the requisite period of time.

 

This new draft Water Supply Policy is a standalone document that provides consumers with all the information relating to water supply matters and its adoption will mean that the following specific policies will become redundant:

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

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

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

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

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

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

 

No submissions have been received from the general public and it is recommended that the policy be adopted by Council.

 

Council also requested a review of the policy’s impact on commercial enterprises that are high water users and it is considered that the adoption of the policy will have little or no impact on these users.  The policy merely documents Council requirements for connecting to the water supply and how Council manages the supply of water to individual consumers.

 

The policy gives an explanation as to how the consumer is billed for water access and usage but as Council continues to conform to Best Practice Management Guidelines as required by the Department of Primary Industries – Water nothing has changed in this regard.  The implementation of the Policy will not in itself bring about any increase in water charges and now that the off river storage has been constructed these charges are not expected to increase significantly in coming years.

 

Water restrictions may have an impact on high water users and this is something Council will need to develop a strategy to manage over time.  At the moment the proposed water restriction levels focus on residential consumers.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The demand management and water conservation measures included in the Water Supply Policy aim to reduce the amount of water extracted for potable water supply and provide for increased environmental flows.

 

Social

 

The Water Supply Policy rationalises existing documentation and should make it easier for consumers to find out all the need to know about how Council provides water to end users

 

Economic

 

The Water Supply Policy provides no direct economic benefit f

 

Risk

 

The adoption of the Water Supply Policy presents no risk to Council.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

There is impact on the current budget and there is not expected to be any significant impact on future budgets.

 

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

 

Source of funds and any variance to working funds

 

No additional funding is required

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service. 

 

Attachments:

1

17106/2015 - DRAFT Water Supply Policy

 

  


Ordinary Council Meeting - 26 November 2015

Draft Water Supply Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT WATER SUPPLY POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

1.0       Policy objective

 

            Refer Part A – Section 1.1

 

2.0       Related legislation

 

            Refer Part A – Section 1.2

 

3.0       Definitions

 

            Refer Appendix A - Definitions

 

4.0       Policy statement

 

            Refer Part A: Section 1.1 Clause 1.1.1

 

5.0       History

 

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

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

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

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

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

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

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

 

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

Manager Water & Sewerage Richard Spain

 

 

Document No.

17106/2015

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 

 

TABLE OF CONTENTS

TABLE OF CONTENTS. 3

Part A - Preliminary Information.. 1

1.1         About this Document. 2

1.1.1      Purpose. 2

1.1.2      Title. 2

1.1.3      Outline. 2

1.1.4      Statutory Context 2

1.1.5      Consistency. 2

1.1.6      Review of this document 2

1.2         The Legislative Framework. 3

1.2.1      Local Government Act 1993. 3

1.2.2      Local Government (General) Regulation 2005. 3

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

1.2.4      Water Management Act 2000. 4

1.2.5      Water Act 1912. 4

1.2.6      Public Health Act 1991. 4

1.2.7      Fluoridation of Public Water Supplies Act 1957. 4

1.2.8      Residential Parks Act 1998. 4

1.2.9      Australian Drinking Water Guidelines 2004. 4

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

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

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

1.2.13        NSW Code of Practice Plumbing and Drainage 2006. 5

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

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

1.2.16        State Environmental Planning Policies. 6

1.2.17        Environmental Planning and Assessment Regulation 2000. 6

1.2.18        Nambucca Shire Local Environmental Plan 2010. 6

1.2.19        Nambucca Shire Council Management Plan. 6

1.2.20        Nambucca Shire Council Development Control Plan 2010. 6

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

1.3         Delineation of Responsibilities. 8

1.3.1      Council’s Water Supply System.. 8

1.3.2      Customer’s Water Supply System.. 8

Part B - What services are provided.. 10

2.1         Water supply services. 11

2.1.1      Supply of Drinking Water 11

2.1.2      All Water Through an Independent House Service Pipe. 11

2.1.3      All Water Connections to be Metered. 11

2.1.4      Cutting off or Restricting Water Supply. 11

2.1.5      Drinking Water Quality. 12

2.1.6      Drinking Water Pressure. 12

2.1.7      Life Support/ Dialysis. 12

2.1.8      Fire Hydrants and other fittings. 12

2.1.9      Reliance on Water Supply. 12

2.2         Factors affecting water supply service and infrastructure. 13

2.2.1      Repairs and Maintenance. 13

2.2.2      Unplanned Interruptions. 13

2.2.3      Planned Interruptions. 13

2.2.4      Mandatory Water Conservation Measures. 13

2.2.5      Restrictions during Drought or Emergency Situations. 13

2.2.6      Restrictions during Major Operational Difficulties. 14

2.2.7      Pipelines and Easements. 14

2.2.8      Catchment Areas, Pumping Stations and Reservoirs. 14

2.3         Water supply levels of service. 15

2.3.1      Council’s targeted levels of service. 15

Part C - Water Tariff and Billing.. 17

3.1         The Water Supply Tariff. 18

3.1.1      Tariff Structure. 18

3.1.2      Water Supply Charges. 18

3.1.3      Fire Service Charges. 18

3.1.4      Water Consumption. 18

3.2         Concessions, Rebates and Variations. 19

3.2.1      Pensioner Rebate. 19

3.2.2      Granny Flats. 19

3.2.3      Dialysis Customers. 19

3.2.4      Interim Access Charge Rebate Staged Development 19

3.2.5      Variations for Unforeseen Leaks Residential Properties. 20

3.2.6      Customers with Defective Meters. 20

3.3         Billing. 21

3.3.1      Your Account 21

3.3.2      Changes to Water Prices. 21

3.3.3      Overdue Accounts. 21

3.3.4      Financial Hardship. 21

3.3.5      Cutting off or Restricting Supply. 21

3.3.6      Additional Meter Readings. 22

Part D - Water Conservation & Demand Management. 23

4.1         General. 24

4.1.1      Council’s Approach. 24

4.2         Mandatory Water Conservation Measures. 26

4.2.1      Mandatory Water Conservation Measures. 26

4.3         Water Loss Management. 27

4.3.1      What is Water Loss?. 27

4.3.2      Leak Reduction Program.. 27

4.3.3      Pressure Reduction Program.. 27

4.3.4      Watermain Renewals Program.. 27

4.3.5      Meter Replacement Program.. 28

4.3.6      Customer’s Water System.. 28

4.4         Water Efficient Retrofit Program.. 29

4.4.1      Council Retrofit Program.. 29

4.4.2      Water Saving Fixtures Rebate Scheme. 29

4.5         Rainwater Tanks. 30

4.5.1      General 30

4.5.2      History. 30

4.5.3      Eligibility. 31

4.5.4      Properties Connected to Town Water Supply. 32

4.5.6      Rebate Amounts. 32

4.6         Greywater Reuse. 33

4.6.1      Owner’s Responsibility. 33

4.6.2      Council Approval 33

4.7         Community Education. 34

4.7.1      Education Initiatives. 34

4.8         Reclaimed Water. 35

4.8.1      Aims. 35

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

5.1         New Connections. 37

5.1.1      Water services installation. 37

5.1.2      Water meter installation. 38

5.1.3      Large water services. 38

5.1.4      Properties previously not rated for water supply. 38

5.1.5      Strata and multi residential developments. 39

5.1.6      Torrens title stratum developments. 39

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

5.1.8      Connections in rural areas. 39

5.1.9      Disinfection and pressure testing. 40

5.1.10        Fire services. 40

5.1.11        Water pressure certificate. 40

5.1.12        Cross-connection control 40

5.1.13        Multiple occupancy. 41

5.1.14        Easements. 41

5.1.15        Private water hydrants. 42

5.1.16        Private water meters. 42

5.2         Meter Issues. 43

5.2.1      Meter security. 43

5.2.2      Meter testing. 43

5.2.3      Meter replacements. 43

5.2.4      Meter relocation. 43

5.2.5      Multiple meters. 44

5.2.6      Upsizing/downsizing meters. 44

5.3         Development Issues. 45

5.3.1      Headworks & distribution charges. 45

5.3.2      Augmentation of water supply system.. 45

Part F - Drought Management. 46

6.1         Objectives and Notification. 47

6.1.1      Objectives. 47

6.1.2      Water Conservation and Demand Management 47

6.1.3      Declaring Measures for Drought Management 47

6.1.4      Notification. 47

6.2         Water Restrictions. 48

6.2.1      Introduction. 48

6.2.2      Water Restrictions Levels. 48

APPENDIX A – DEFINITIONS. 52

 


 

Part A - Preliminary Information

1.1     About this Document

1.2     The Legislative Framework

1.3     Delineation of Responsibilities

 


 

 

1.1      About this Document

 

 

1.1.1        Purpose

Nambucca Shire Council’s adopted mission is:

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

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

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

 

1.1.2        Title

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

 

1.1.3        Outline

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

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

 

1.1.4        Statutory Context

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

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

 

1.1.5        Consistency

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

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

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

 

1.1.6        Review of this document

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


1.2      The Legislative Framework

 

 

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

 

1.2.1  Local Government Act 1993

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

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

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

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

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

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

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

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

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

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

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

 

1.2.2  Local Government (General) Regulation 2005

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

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

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

adoption of the Building Code of Australia (Part 2)

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

information to be shown on the bill (Part 5)

water restrictions, fire hydrants and inspections (Part 6)

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

 

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

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

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

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

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

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

 

1.2.4  Water Management Act 2000

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

 

1.2.5  Water Act 1912

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

 

1.2.6  Public Health Act 1991

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

 

1.2.7  Fluoridation of Public Water Supplies Act 1957

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

 

1.2.8   Residential Parks Act 1998

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

 

1.2.9  Australian Drinking Water Guidelines 2004

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

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

 

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

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

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

 

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

The AusSpec Design Manual provides guidance, procedures and quality checklists for the design of civil infrastructure works. Of particular relevance is Section D11 regarding water supply reticulation design. Council’s Water Supply Reticulation Construction Specifications outlines the requirements for the construction of water supply infrastructure.

 

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

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

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

 

1.2.13   NSW Code of Practice Plumbing and Drainage 2006

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

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

 

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

 

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

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

 

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

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

 

1.2.16   State Environmental Planning Policies

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

 

1.2.17   Environmental Planning and Assessment Regulation 2000

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

 

1.2.18   Nambucca Shire Local Environmental Plan 2010

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

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

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

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

 

1.2.19   Nambucca Shire Council Management Plan

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

 

1.2.20   Nambucca Shire Council Development Control Plan 2010

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

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

 

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

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

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

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

 

1.3      Delineation of Responsibilities

 

 

1.3.1   Council’s Water Supply System

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

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

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

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

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

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

 

1.3.2   Customer’s Water Supply System

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

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

 

Figure 1: Diagram showing ownership and responsibility

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

 

 

 

 

Part B - What services are provided

2.1     Water supply services

2.2     Factors affecting water supply service

2.3     Water supply levels of service

 

2.1      Water supply services

 

 

2.1.1   Supply of Drinking Water

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

in the case of planned or unplanned interruptions;

in the case of drought or major operational difficulty;

where Council is entitled to restrict or discontinue supply; or

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

 

2.1.2   All Water Through an Independent House Service Pipe

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

 

2.1.3   All Water Connections to be Metered

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

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

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

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

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

 

2.1.4   Cutting off or Restricting Water Supply

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

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

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

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

 

2.1.5   Drinking Water Quality

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

 

2.1.6   Drinking Water Pressure

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

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

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

 

2.1.7   Life Support/ Dialysis

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

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

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

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

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

 

2.1.8   Fire Hydrants and other fittings

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

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

 

2.1.9   Reliance on Water Supply

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

2.2      Factors affecting water supply service and infrastructure

 

 

2.2.1   Repairs and Maintenance

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

 

2.2.2   Unplanned Interruptions

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

 

restoring the service as quickly as possible;

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

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

 

2.2.3   Planned Interruptions

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

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

 

2.2.4   Mandatory Water Conservation Measures

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

 

2.2.5   Restrictions during Drought or Emergency Situations

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

 

the purposes for which the water can be used, or

the times when the water can be used, or

the  methods  by which the  water  can  be used, or

the quantities of the water that can be used.

These restrictions may be applied if there is a drought, or if the available stored water, or the available capacity of supply, is so limited as to make extraordinary measures necessary in the general interest of water consumers.

If restrictions are to be applied, Council will publish a notice in a newspaper circulating within Council’s area.

 

2.2.6   Restrictions during Major Operational Difficulties

Council may need to shut down a water supply source in the event that a major operational difficulty occurs. If customer demands for water are high at the time of such an event, Council may interrupt, limit or place restrictions on the supply or use of the water supply to you until such time as the operational difficulty is over.

 

2.2.7   Pipelines and Easements

The location and protection of water supply infrastructure remains the responsibility of the person and/or organisation undertaking any excavation or associated works. The “PPP” approach of “Plan, Pot-Hole and Protect” must be applied at all times when works are undertaken in the zone of influence associated with any water supply infrastructure.

Upon request Council will provide plan details and/or onsite locations to assist with the location of water supply infrastructure including buried pipelines and associated fittings.

However any damage and/or subsequent failure of these assets due to excavation or other site works will be rectified by Council and the cost of such rectification works will be charged to those identified responsible for such damage and/or failure.

Special conditions including building, structures and excavation exclusion zones apply to all water supply pipelines and/or easements in favour of Council on public and private land.

 

2.2.8   Catchment Areas, Pumping Stations and Reservoirs

The Council owned land including the catchment areas surrounding the water supply off-river storage dams is a special protection zone, which assists in ensuring the quality of drinking water supplied to consumers.  As such public access to this land will be restricted and strictly controlled at all times.

Similarly public access to other water supply sites and infrastructure including; river intakes, pumping stations, water treatment plants and reservoirs will be restricted and strictly controlled at all times.

In general it will not be permissible to install other equipment and/or infrastructure inside, attached or upon water supply infrastructure.

2.3      Water supply levels of service

 

 

2.3.1   Council’s targeted levels of service

The target levels of service for the Nambucca Shire Council water supply system are summarised in the table below. These levels of service are set out in Council’s Strategic Business Plan for Water Supply and are targets that Council aims to achieve. They are not intended to form a formal customer contract.

 

Description

Unit

Level of Service

Availability of Supply

Normal Quantity Available

Domestic annual

Fire Fighting

Compliance with Building Codes and Fire Brigade requirements

Pressure

Minimum pressure

(Measured at a flow rate of 0.15 L/s per tenement at Council’s watermain adjacent to property boundary.)

Maximum static pressure

 

 

 

kL/tenement/year

 

% of service area

Metres head Metres head

 

 

 

200

 

100%

 

 

12

 

 

60

Restrictions

Refer to Part G of this Document

No longer than 5% of the time, not more often than once in 10 years, at least 80% of normal quantity is available (Water Supply Secure Yield design parameters).

Interruptions

 

 

 

Days

 

 

 

2

Planned Interruption

Notice to domestic customers

Notice to commercial customers

Days

2

Notice to industrial customers

Days

2

Notice to special customers

Days

7

(Special customers include schools, nursing homes and

 

 

home dialysis patients and are given a personal notice.)

 

 

Maximum duration

Hours

6

Maximum frequency

Customers/year

1

Unplanned Interruption

 

 

Maximum duration during working hours

Hours

4

Maximum frequency

Number/year

2

 


 

Description

Unit

Level of Service

Response Times

 

 

 

Hours

 

 

 

2

Supply Interruptions

Working hours

After hours

Hours

2

Minor problems/general inquiries

 

 

Oral

Work days

5

Written

Work days

10

Time to provide new connection in serviced area

 

 

for 80% of requests

Working days

5

Water Quality

Microbiological

 

 

% of samples

 

 

100%

 

Part C - Water Tariff and Billing

 

3.1     The Water Tariff

3.2     Concessions, Rebates and Variations

3.3     Billing

3.1      The Water Supply Tariff

 

 

3.1.1   Tariff Structure

Council’s adopted water supply tariff structure has the following attributes:

 

That all properties that have a frontage to a water main and to which a water service can be provided with be levied the water supply “Access Charge”, with the exception of land that is zoned 1(a3).

The tariff applies to all customers irrespective of their end use of the water (that is, the same tariff applies to residential, commercial or industrial uses) or where the customers live (for example, rural areas pay the same as urban areas).

The tariff has two parts, an annual “Access Charge” and consumption “Usage Charge”.

Normally the Access Charge is dependent on the customer’s meter size, being reflective of the customer’s demands on the system. The Access Charge is proportional to the square of the size of the customer’s water meter.

The Usage Charge is applied to the amount of water measured through the water meter.

Where customers do not have an individual meter (eg older Strata Units) they will be charged as if they had an individual 20mm meter.

 

Council has worked to achieve the criteria for best-practice management. This include that at least 75% of the total residential revenue should be recovered from residential water “Usage Charges”.

 

3.1.2   Water Supply Charges

The water supply charges that apply are determined each year through the Management Plan process in accordance with the Local Government Act 1993.

 

3.1.3   Fire Service Charges

All water supplied for fire services is to be metered and measured.

The Access Charge for a dedicated fire service will be charged at the same rate as 20mm metered service.

 

3.1.4   Water Consumption

The annual water consumption for a property is taken to be the meter readings taken during that year and not necessarily to the water consumed during that year. This allows for variations in the meter reading cycle.

3.2      Concessions, Rebates and Variations

 

 

3.2.1   Pensioner Rebate

In accordance with the Local Government Act 1993, Council provides eligible pensioners with a reduction up to $87.50 for water supply charges.

 

The statutory pensioner rebate scheme is funded by the State Government (50%), the Federal Government (5%) and Council (45%).

An “eligible pensioner” is prescribed in the Local Government Act 1993 and the Local Government (General) Regulations 2005 as a person who is the owner and occupier of the dwelling as their principal place of living, and:

who receive a pension, benefit or allowance under the Commonwealth Social Security Act 1991, or a service pension under the Commonwealth Veterans’ Entitlements Act 1986, and who are entitled to a pensioner concession card issued by the Commonwealth, or

who receive a pension from the Department of Veterans‟ Affairs as:

the widow or widower of a member of the Australian Defence or Peacekeeping Forces, or

the unmarried mother of a deceased unmarried member of either of those Forces, or

the widowed mother of a deceased unmarried member of either of those Forces,

and do not have income and assets that would prevent them from being granted a pensioner concession card (assuming they were eligible for such a card), or

who receive a general rate of pension adjusted for extreme disablement under section 22 (4) of the  Veterans’ Entitlements Act 1986 of the Commonwealth, or a special rate of pension under section 24 of that Act.

 

3.2.2   Granny Flats

Council shall treat a single residential property that includes a “granny flat” as a single residential property for charging the water Access Charge.

A “granny flat” is defined as a habitable occupancy within a rateable assessment that is occupied by a dependant relative and where no financial remuneration is paid by that person/s to occupy the occupancy.

Council requires that ratepayers apply annually for classification as a granny flat for water tariff purposes.

Where a single residential property includes a flat that does not meet the criteria above and is assessed to be a dual occupancy, two Access Charges will be applied.

 

3.2.3   Dialysis Customers

For customers on a dialysis machine Council will provide up to 100 kL of water per year at no charge.

 

3.2.4   Interim Access Charge Rebate Staged Development

On properties subject to staged development and where the water service has been sized to serve ultimate requirements, the water Access Charge may be reduced each year to the equivalent of the rate for the size of the service required for that stage of the development that has Council approval.

An application for such reduction will need to