NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

29 September 2016

 

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:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly 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.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information.  Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

In the public forum 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 - 29 September 2016

 

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 - 25 August 2016.................................................................................. 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     Oath or Affirmation of Office.......................................................................................... 12

9.2     Proposed Councillor Training and Induction..................................................................... 14

9.3     "Hit the Ground Running" Councillor Workshops............................................................... 19

9.4     Outstanding Actions and Reports.................................................................................... 22

9.5     NSW Emergency Services Property Levy......................................................................... 28

9.6     Local Government Amendment (Governance and Planning) Act......................................... 36

9.7     Future of Brook Park, Nambucca Heads.......................................................................... 43

9.8     Local Government Grants Commission Visit..................................................................... 50

9.9     Horticulture Land Use Regulation..................................................................................... 87

9.10   Modification to DA2016/097............................................................................................ 96

9.11   Minutes of the Nambucca Shire Council Access Committee meeting held 23 August 2016 109

9.12   Nambucca and Deep Creek Flood Risk Management Study and Plan.............................. 115

9.13   Development Applications greater than 12 months or where submissions received - 18 August to 20 September 2016........................................................................................................... 118

9.14   Council Ranger's Report August 2016............................................................................ 120

9.15   Joint Organisations - Getting the boundaries right........................................................... 123

9.16   Asylum Seekers - Safe Haven Enterprise Visa Scheme................................................... 132

9.17   2016 August - Development and Complying Development Applications Received............ 140

9.18   2016 August - Approved Construction and Complying Development Certificates.............. 143

10      Assistant General Manager Corporate Services Report

10.1   Review of the Local Government Rating System - Draft Submission................................ 148

10.2   Investment Report To 31 July 2016 ............................................................................... 156

10.3   Grant Application Status Report ................................................................................... 161

10.4   Schedule of Council Public Meetings............................................................................. 171

10.5   Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 1 August 2016 - Minutes........................................................................................................................ 172

11      Assistant General Manager Engineering Services Report

11.1   Draft Proposed Pressure Sewerage Policy..................................................................... 177     


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

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 25 August 2016

The following document is the minutes of the Ordinary Council meeting held 25 August 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 29 September 2016 and therefore subject to change.  Please refer to the minutes of 29 September 2016 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Paula Flack

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 Martin Ballangarry OAM and Cr Kim MacDonald

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.5 Gordon Park Rainforest Committee of Management - Annual General Meeting - 10 September 2016 – Minutes under the Local Government Act as Cr Smyth is a Committee member of the Gordon Park Rainforest Committee of Management in a non-executive position.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 August 2016

 

359/16 RESOLVED:        (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 11 August 2016 be confirmed.


 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.1      SF2183              250816      Notice of Motion - Sewerage Discharge Factors (SF848)

Motion:      (Morrison/Ainsworth)

 

1        That Council write to the top 20 prolific water users in the shire and advise them of the "Best Practice Management of Water and Sewerage Guidelines" which states;

 

"if a commercial premises in any category has a garden ,e.g. hotel, motel, restaurant, a SDF used can be reduced by about 10% compared to a similar business without a garden".

 

2        That Council in their next bulletin to ratepayers, advise them of the guideline as mentioned above and advise the owners of any commercial premises, that if they consider that their premises meets the requirements of the above guidelines, to make application to Council for consideration for a reduction in their SDF (Sewerage Discharge Factor) for Sewerage Usage Rates.

 

Amendment:       (Hoban/South)

 

That Council write to all 591 rateable business assessments advising how the Sewer Usage Charge is calculated and the relevance of the Best Practice Discharge Factors including reference to the discharge factor relating to gardens and advise that businesses can request a review of their Sewer Usage Charge.

 

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

 

360/16 Resolved:        (Hoban/South)

 

That Council write to all 591 rateable business assessments advising how the Sewer Usage Charge is calculated and the relevance of the Best Practice Discharge Factors including reference to the discharge factor relating to gardens and advise that businesses can request a review of their Sewer Usage Charge.

 

 

NOTICE OF MOTION - CR Morrison – LATE

 

ITEM 5.2      SF2183              250816      Notice of Motion - Sewerage Discharge Factors - Additional Information

Recommendation:

 

That the information be noted in conjunction with Item 5.1.


 

 

361/16 Resolved:        (Ainsworth/Flack)

 

That Item 9.2 be brought forward as Ms Robyn Bunton from the Nambucca District Historical Society was in the gallery.

 

 

ITEM 9.2      SF588                250816      Nambucca District Historical Society - Request for Assistance with Internet Access

362/16 RESOLVED:        (Ainsworth/Flack)

 

That Council make provision in its budget to provide financial assistance of $30.00 per month ($360 per year) to the Nambucca District Historical Society and the other three museums within the Nambucca Valley for the purposes of assisting them in funding ADSL Broadband or NBN connections.


 

 

ASKING OF QUESTIONS WITH NOTICE

 

QWN2/16CR BALLANGARRY OAM - HOW DO YOU DISPOSE OF OIL FILLED ELECTRIC HEATERS AND CAN ANY COMPONENTS BE RECYCLED?

 

Response from Assistant General Manager Engineering Services:

         

·         Information back indicates that oil heaters are only accepted at scheduled clean out events run by ChemClear (similar to Drumuster) which would operate from the waste depot recycling area. These are operated outside of Council operations

·         ChemClear® is a not for profit chemical collection and disposal service for unwanted and unknown agvet chemicals. The program contributes to the ongoing sustainability of Australia’s food and agricultural industries ensuring that unwanted chemicals are collected and disposed of in a safe and responsible manner

·         Residents can register them for collection @ www.chemclear.com.au or Free call 1800 008 182

 

Toxfree who currently undertake the EPA collection via Councils “Community Recycling Centres”. do not accept the oil heaters and we are still awaiting advice from scrap metal recyclers.

 

Question asked by Councillors Thursday 11 August 2016:

1        What and how do we handle oil filled bar heaters - Council does not accept or handle the oil filled heaters

2        Do we receive them - Council does not accept the oil filled heaters

3        Can the oil be recycled from these type of oil bar heaters - Unknown at this stage

4        f we don’t receive them - Who takes these type of oil bar heaters -ChemClear   chemclear.com.au or Free call 1800 008 182.

 

 

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                250816      Outstanding Actions and Reports

363/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

Item 9.2 was dealt with above.


 

 

ITEM 9.3      SF256                250816      Proposed Councillor Training and Induction

364/16 RESOLVED:        (Ainsworth/South)

 

1        That the information concerning the proposed training and induction for the new Council be received and any feedback in relation to the proposals be provided to the General Manager.

 

2        That a report on proposed training and induction be provided to the first meeting of the new Council post the 10 September 2016 election incorporating any feedback provided to the General Manager from recommendation no. 1.


 

 

ITEM 9.4      SF25                  250816      Fee Waivers (Donation) - Use of Macksville Senior Citizens Centre by the Nambucca Valley Parkinson's Support Group

365/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council donate the hire fee of $114.00 for the Nambucca Valley Parkinson Support Group for their use of the Macksville Senior Citizens Centre.


 

 

ITEM 9.5      SF600                250816      Offer to Acquire North Macksville Soccer Fields and Casey Drive

366/16 RESOLVED:        (Ainsworth/South)

 

That Council authorise the Mayor and General Manager to negotiate with the RMS for the purchase of the land (Lot 2 DP 562469 and Lot 2 DP 245262)up to a maximum value indicated in the report.


 

 

ITEM 9.6      SF731                250816      NSW Funding for Nambucca Shire Council Industrial Plan

367/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the provision of a grant of $55,000 for the planning of Council’s Valla Industrial land.

 

2        That the Member for Oxley be formally thanked for her work in securing this grant funding.


 

 

ITEM 9.7      SF2173              250816      Outstanding DAs greater than 12 months or where submissions received - 3 August 2016 - 17 August 2016

368/16 RESOLVED:        (Flack/South)

 

That the information be noted by Council.


 

 

ITEM 9.8      SF1148              250816      Council Ranger's Report July 2016

369/16 RESOLVED:        (Ainsworth/Flack)

 

That Council’s Ranger’s report for July 2016 be received and noted by Council.

 

Question with notice from Mayor Rhonda Hoban for Council meeting on 29 September 2016

Does Nambucca Shire Council need to take any action to provide some form of transition for greyhound owners to prevent the destruction of dogs that are now of no commercial value?


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1438              250816      End of Term Report on Progress Towards Implementing the Community Strategic Plan

370/16 RESOLVED:        (Flack/South)

 

That Council adopt the draft end of term report on the progress on implementation of the Community Strategic Plan 2013-2023.


 

 

ITEM 10.2    SF2116              250816      Investment Report To 31 July 2016

371/16 RESOLVED:        (Ainsworth/Morrison)

 

That the Accountants’ Report on Investments placed to 31 July 2016 be noted.


 

 

ITEM 10.3    SF251                250816      Schedule of Council Public Meetings

372/16 RESOLVED:        (Flack/Smyth)

 

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


 

 

ITEM 10.4    SF325                250816      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 28 July 2016 - Minutes

373/16 RESOLVED:        (Smyth/Flack)

 

1        That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 28 July 2016 and that Council thank the outgoing Committee for their work in 2015/2016.

 

2        That Council note the Tennis Club has resolved to enter into a contract with Uniplan for the construction of the new Tennis Club House.  Further, that the Club be advised that they will be responsible for the project management and delivery of the contract.

 

3        That in consultation with the Tennis Centre Committee of Management, Council staff investigate the option for not including the new Club House on Council’s asset register.


 

 

ITEM 10.5    SF312                250816      Gordon Park Rainforest Committee of Management - Annual General Meeting - 10 September 2016 - Minutes

374/16 RESOLVED:        (Flack/Smyth)

 

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Annual General Meeting which was held on 11 August 2016 and that Council thank the outgoing Committee for their work in 2014/2015.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    RF135                250816      Drainage Issue - 8 Loftus Lane, Nambucca Heads

375/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council advise the owner of No 8 Loftus Lane that they will need to maintain the property in a manner that allows the free flow of storm water along the natural flow path and that Council are unable to provide funding towards this maintenance nor the construction of a concrete low flow pipe and dish drain on private property.

 

2        That Council note it is not Council’s responsibility to install drainage structures in a natural water course to facilitate greater use of the private land for a property owner.


 

 

ITEM 11.2    SF85                  250816      Emergency Services Annual Assessment Notice

376/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive, note the information and adjust the budgets accordingly at the next quarterly budget review meeting.


 

 

ITEM 11.3    SF1481              250816      Supplementary report to  Legalise Access to White Albatross Caravan Park and the V-Wall Tavern - August 2016

377/16 RESOLVED:        (Flack/Morrison)

 

1        That Council proceed with the compulsory acquisition of the Extension of Wellington Drive described as Lot 1 in DP 1187844 for the purpose of Road widening in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2        That Council make an application to the Minister and the Governor for approval to acquire Lot 1 in DP 1187844 the extension of Wellington Drive by compulsory process under section 177(1) of the Roads Act 1993.

3        That Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.38 pm. 

 

Confirmed and signed by the Mayor on 29 September 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

 

 

 

          


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.1      SF42                290916         Oath or Affirmation of Office

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

This is a procedural requirement to be conducted at the commencement of the meeting and is not a matter requiring a vote by the Council.

 

 

OPTIONS:

 

There are no options.  The requirement for each councillor to take an oath of office or affirmation of office is a legal requirement.

 

DISCUSSION:

 

A recent change to the NSW Local Government Act requires that a councillor must take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.  The oath or affirmation may be taken or made before the general manager of the council, an Australian legal practitioner or a justice of the peace.

 

Section 233A of the Local Government Act 1993 requires the Oath and Affirmation to be in the following form:

 

Oath

 

I (name of councillor) swear that I will undertake the duties of the office of councillor in the best interests of the people of the Nambucca local government area and the Nambucca Shire Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

 

Affirmation

 

I (name of councillor) solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of the Nambucca local government area and the Nambucca Shire Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

 

It is proposed that each Councillor take the oath or affirmation at the commencement of this meeting.

 

It is suggested that each Councillor stand to read either the oath or affirmation, that the General Manager similarly stand and that the minute taker record each councillor as taking the oath or affirmation (as appropriate) in the minutes of this meeting.

 

CONSULTATION:

 

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

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social issues.

 

Economic

 

There are no economic issues.

 

Risk

 

A councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office is not entitled to attend a meeting as a councillor.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels or resourcing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           29 September 2016

General Manager

ITEM 9.2      SF256              290916         Proposed Councillor Training and Induction

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

It is proposed to provide the new Council with training in the Code of Conduct and Code of Meeting Practice.  Besides the training in the Code of Conduct and Code of Meeting Practice it is proposed to conduct a series of short, one hour briefings on some critical matters and then undertake several separate tours of Council facilities which are not open to the public. 

 

 

Recommendation:

 

That the information concerning the proposed training and induction for the new Council be received.

 

 

OPTIONS:

 

There are many potential options for councillor training and induction.  A component of a successful council will be one where Councillors feel engaged and confident to question and if necessary challenge the information and views which are presented.

 

 

DISCUSSION:

 

This report was provided to the last meeting of the previous Council but should also be considered by the new Council given the change in the composition of the elected Council.

 

Consideration has been given to Councillor training and induction post the 10 September 2016 election. 

 

A proposed training and induction program is as follows:

 

Training in Code of Conduct and Code of Meeting Practice

 

Arrangements are being made with Bellingen Shire Council for an external provider to provide a training session for both Councils on the Code of Conduct.  This will be a similar arrangement to that which occurred in 2012 for the reason that a joint session reduces cost.  The training will be scheduled in consultation with Bellingen Shire Council as soon after the election as is practicable.  At the time this report was drafted a date of Monday 26 September had been agreed for this training.  So it is likely that this training will have been completed by this first Council meeting.

 

Induction

 

Besides the training in the Code of Conduct and Code of Meeting Practice it is proposed to conduct a series of short, one hour briefings on some critical matters and then undertake several separate tours of Council facilities which are not open to the public.  The tours of facilities will assist Council in undertaking the review of its Integrated Water Cycle Management Strategy (IWCM) which is due this financial year.

 

The proposed briefings and tours are set out in the table below.

 

Time/Date

Briefing/Tour

4 pm 22/9/2016

“House-keeping” arrangements for remuneration, reimbursement, conferences,   work health & safety, insurance, Council committees etc.  At this initial induction forms will be distributed for travel reimbursement, IT reimbursement, Conflict of Interest.  Also, Councillors will need to provide contact details, any special dietary requirements.  Photos of the new Council will be taken at this induction.  A paper copy of the business paper for the scheduled Council meeting on 29 September 2016 will be distributed.  For Councillors who may not be available to attend this induction, it can be repeated the following day being Friday 23 September or otherwise by arrangement with the General Manager.

 

4pm 29/09/2016

Information Communication Technology (ICT) and Records Management including the provision of iPads and instruction in their use.  Please note for the first meeting on 29 September a paper copy of the business paper will have been distributed.

 

4pm 13/10/2016

 

Integrated Planning and Reporting

Council meeting at Bowraville Theatre

 

4pm 27/10/2016

Town Planning Law

 

 

4pm 10/11/2016

Financial Position and Asset Management

Council meeting at Nambucca Community & Arts Centre, Nambucca Heads

 

3pm 24/11/2016

Boat Trip at Bellwood – River bank erosion on the section of the existing Pacific highway to be handed to Council

 

3pm 15/12/2016

Inspection of Bowraville STP, Bowraville Borefield and Bowra Dam

 

 

Council facilities which are open to the public have not been listed for inspection for the reason that if Councillors wish to learn more about them they can visit them at a time of their convenience.

 

It is proposed that there be a report on the election of the Deputy Mayor and the composition of Council committees to the scheduled Council meeting on 13 October.  This will allow new Councillors time to consider their potential roles.

 

A brief summary of Council’s Committees are as follows:

 

Committee

Previous Councillors

Terms of Reference

Access Committee

Cr South

Cr Smyth

To develop and implement strategies which aim to ensure that the Nambucca Shire becomes an accessible community to all people, regardless of their abilities/ disabilities.

 

Arts Mid North Coast

 

Cr Flack

This is not a committee of council but rather a regional arts body which receives funding from Councils and the State Government and whose mission is to foster and support the creative arts on the Mid North Coast.

 

Audit, Risk & Improvement Committee

One Councillor (can no longer be the Mayor)

Mr Peter Lawry

Bellingen Shire Council Finance Manager

Committee must review the following aspects of the Council’s operations: compliance, risk management; fraud control; financial management; governance; implementation of strategic plan, delivery program and strategies; service reviews; collection of performance measurement data by the Council; any other matters prescribed by regulation.

 

Estuary & Coastline Management Committee

Cr Ainsworth (Chair)

Cr Flack

Cr Morrison

(plus government department & community reps)

Provide overall guidance for future management of Nambucca LGA’s river estuaries, coastal floodplains, coastal zone and flood risk in accordance with the NSW Coastal Policy, Flood Policy, State Rivers and Estuary Policy and NSW Wetlands Policy.

 

Oversee various investigations and studies that are required to evaluate flood risk, coastal zone and estuarine management options.

 

Assist Council in the preparation of Flood, Estuary and Coastal Zone Management Plans for all Nambucca Shire’s estuaries and coasts in accordance with the State Government Flood, Coast and Estuary Management Manuals.

 

Explore opportunities and assist Council in obtaining funding for works and projects that are identified as scheduled actions in Flood, Estuary and/or Coastal Management Plans; deemed necessary to effect improved management of coastal and estuary systems prior to the development of such plans.

 

Act as an advisory body to Council on coastal and estuary issues.

 

Provide a forum for open discussion, debate and education on coast, flood and estuary issues.

 

Provide linkages to other natural resource management committees, the catchment management board and community/stakeholder groups.

 

General Manager’s Performance Review Committee

 

All Councillors

The Office of Local Government recommended that a Committee be appointed to review the General Manager’s performance.  Whilst Council has a Committee, the practice has been for the twice yearly review of the General Manager’s performance to be undertaken by the Council at a Council meeting.

 

Land Development Committee

 

All Councillors

The Council has an extensive property portfolio that comprises both operational and community land.  The portfolio requires strategic management.  The Committee has met infrequently, mainly because many property matters have been reported direct to Council meetings.

 

Local Traffic Committee

(please note that despite the name, the Committee is not a committee of Council but rather the RMS)

One Council rep – currently the Manager Technical Services

NSW Police

RMS

Local State Member of their nominee (Mr Barry Reed)

 

Primarily a technical review committee which is required to advise the Council on matters referred to it (as per the guide to the delegation to councils for the regulation of traffic). 

Lower North Coast Bushfire Management Committee

 

Cr Ainsworth

The Committee is responsible for the Lower North Coast Bushfire Risk Management Plan preparation and review for Kempsey and Nambucca LGA’s.  It meets quarterly.

 

Nambucca Bushfire Management Committee

 

Cr Ainsworth

 

The Committee is primarily concerned with planning for hazard reduction and meets about quarterly.

Nambucca Emergency Operations Centre Committee of Management

 

Cr Ainsworth

Cr Morrison

This Committee meets once a year to review the management arrangements and floor space of the NEOC complex which is located at the rear of the Mary Boulton Cottage Museum (rear of Works Depot).

 

Nambucca Entertainment Centre

 

Cr Smyth

Cr Ballangarry OAM

The name of the entertainment centre has now been changed to the, “Nambucca Community and Arts Centre” which more accurately reflects its functions.  Council has exercised its right to have delegates in attendance at Committee meetings.  The Committee has included two Councillor representatives as delegates.

 


 

NSW North Coast Weed Advisory Committee

 

Cr Ainsworth

Tim Woodward

The objectives of the Committee are to promote awareness of noxious and environment weeds, to recommend weed policy, and to educate and train people in all matters pertaining to weeds.  The Committee meets about quarterly.

 

Vehicular Access to Beaches Committee

 

Cr Ainsworth

Cr Finlayson

Cr Flack

Cr Bob Morrison

Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets to address the implementation of the policy including standard of access, signage, repairs to access, fees etc.  This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.

 

 

Beside the Committees listed above, in 2012 the Council considered the establishment of a Library Committee.  At the time the Council had recently withdrawn from the Clarence Regional Library and it was resolved to further consider the matter at a later date so as to allow staff to concentrate on establishing the “stand alone” library service.  It was resolved that Cr Smyth be the Council’s representative at the Public Libraries NSW North East Zone meetings with Cr MacDonald as observer, and together with the Senior Librarian were to report back to Council on matters of interest.

 

In 2012 the Council resolved to disband the Plant Committee and that a quarterly report be provided to Council on plant purchases and plant condition as part of the Quarterly Budget Review.

 

In 2012 the Council also resolved to disband the Aboriginal Community Advisory Committee and instead hold an annual Aboriginal forum using Council’s Aboriginal Culture and Heritage Management Plan as a point of reference with the aim of raising relevant issues that can formally feed into Council’s processes.  In addition that Council maintain an annual Elders morning tea.

 

The Council also delegates powers under Section 355 of the Local Government Act to manage particular facilities or activities to the following 35 volunteer based committees.  As a means of maintaining Council’s stewardship of the facilities and activities and to support the very extensive network of volunteers who support Council’s functions, the practice has been adopted of having a Councillor or senior council officer attend the Annual General Meeting of each Section 355 Committee.  The last adopted roster for AGM attendance is shown in the table below.

 

Committee of Management

Roster for AGM Attendance

Argents Hill Hall

Cr Flack

Australia Day

General Manager

Bowraville Sports Ground

Cr Finlayson

Burrapine Public Hall

General Manager

Coronation Park

Cr Smyth

Crosswinds Wetland Nature Reserve

Cr Ainsworth

Donnelly-Welsh Playing Fields

Cr Ainsworth

E J Biffin Playing Fields

Cr Hoban (Committee not functional)

Eungai District Memorial Hall

Cr MacDonald

Gordon Park Rainforest Walk

Cr Smyth

Gordon Park Tennis Centre

Cr Smyth

Grants Hall

Cr Flack

Macksville Gift

Cr MacDonald

Macksville Netball Courts

General Manager

Macksville Park and Sports

Cr MacDonald

Macksville Tennis Courts

General Manager

Mary Boulton Pioneer Cottage and Museum

Cr Ainsworth

Missabotti Community Centre

Cr Flack

Nambucca District Band

Cr Ballangarry OAM

Nambucca Heads Museum

Cr Smyth

North Macksville Playing Field

General Manager

Scotts Head Events Committee

AGM – Corporate & Community Services

Scotts Head Sports Fields

AGM – Corporate & Community Services

Scotts Head Tennis Courts

AGM – Corporate & Community Services

South Arm Hall

Cr Ballangarry OAM

Talarm Hall & Welsh Pioneer Park

Cr South

Taylors Arm Hall

Cr South

Taylors Arm Sports Reserve

Cr South

Tewinga Community Centre

Cr Morrison

Unkya Reserve

General Manager

Utungun Community Centre

Cr South

Valla Beach Tennis Club

Cr Hoban

Valla Beach Community Association

Cr Hoban

Valla Public Hall

Cr Hoban

Warrell Creek Public Hall

AGM Corporate & Community Services

 

CONSULTATION:

 

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

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The purpose of the training and induction is so that Councillors are better able to perform their role and as such reduce the risk of mistakes in all their forms.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a cost for the Code of Conduct training shared with Bellingen Shire Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.  The cost of the training can be met from the training budget.

 

Service level changes and resourcing/staff implications

 

There are no service level changes.  The briefings will require management staff to contribute to the presentations.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.3      SF42                290916         "Hit the Ground Running" Councillor Workshops

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

Recommendation:

 

That any Councillors interested in attending the “Hit the Ground Running” workshop at Coffs Harbour on Wednesday 16 November 2016 advise the General Manager so their attendance can be registered.

 

 

OPTIONS:

 

Attendance at the workshop is optional although strongly encouraged by the Office of Local Government.

 

DISCUSSION:

 

Council has received the attached circular from the Office of Local Government inviting Councillors to participate in a one-day workshop based on the “5 Key Things” all Councillors need to know in order for them to be effective in their roles.  Amongst other matters, the workshop will be covering the Model Code of Conduct and Integrated Planning and Reporting.

 

At the date of preparing this report the registration arrangements had not been released.  A promotional flyer with further details is also to be released.

 

CONSULTATION:

 

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

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no information available concerning the cost, if any, for the workshop.

 

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

There is no service level or resourcing implications.

 

Attachments:

1

31191/2016 - Hit the Ground Running Workshop

 

  


Ordinary Council Meeting - 29 September 2016

"Hit the Ground Running" Councillor Workshops

 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager

ITEM 9.4      SF959              290916         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

The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee.

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

Council staff and OEH are reviewing the draft.  The draft requires further work before it can be circulated to the Estuary Committee and Councillors.

Draft now being circulated to Estuary Committee and Councillors.

 

Draft being uploaded to Council’s website.

 

 

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

The project is awaiting the completion of the floodplain risk management matrix.

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

 

Council staff are still in the process of reviewing the draft document.

 

 


 

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. 

 

Deferred whilst trialling the International Society of Arboriculture, Tree Hazard Evaluation form which is intended to replace the tree inspection form within the policy. The policy in its present form has shown some issues pertaining to property owners wanting healthy trees removed citing the criteria in the policy, the new form provides greater transparency and clarity   

 

New policy and procedures will be presented to the new Council in October for comment following the local government elections.

DECEMBER 2013

4

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 issued 30 November 2015.

 

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.


 

MARCH 2015

5

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.

The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum.

Council is expecting receiving a written offer from the RMS in relation to the handover.

Council received a briefing from the consultants reviewing the RMS assets to be handed over to Council on 30 June 2016 and a compensation package will not be developed until the transfer of traffic onto the new highway as the pavement can’t be assessed until the traffic is transferred off the old highway.

 

A report on the status of the Bridges is anticipated in August

 

Mayor, GM and AGMES met with Member for Oxley on 16 August 2016.  Agreed that Council consult with other affected councils and submit a paper on the financial implications for the councils and options for a revised policy on Highway handovers.  In particular the Member for Oxley was interested in the proposition of IPART being asked to assess the appropriate handover package.

 

AUGUST 2015

6

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.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 


 

OCTOBER 2015

7

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

Trial date not set as the Coordinator Strategic Planning and Natural Resources has to carry out a further round of public consultation regarding landscaping that includes the design for the roundabout and gauge feedback from effected business.

 

The roundabout is required to slow approaching traffic, and manage vehicles reversing into the carriageway. Design parameters at the bend require greater investigation before changing the parking arrangements.

 

Councillor’s verbally advised by AGMES on 11 August that the Manager Technical Services has advanced the trial and written to the properties on River Street advising that Council will implement the trial in October, signs have been ordered and order raised for the line marking contractor.

 

Trial underway with new markings installed Wednesday, 14 September 2016.

NOVEMBER 2015

8

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

9

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

APRIL 2016

10

SF1540

14/4/16

That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.

 

AGMES

Letter sent

 

Response from RMS is forthcoming. Councils Manager Technical Services was verbally advised by the RMS that the section does not warrant a reduction in the speed limit to 40km/h and that RMS will be proposing traffic management solutions which are eligible for a 50:50 grant.

 


 

JUNE 2016

11

SF2172

16/6/16

That Council staff provide a report on a revised (bulky goods waste) voucher system being:

a. 2 vouchers used for 2 deliveries

b. 2 vouchers, of which one can be used for collection and the other used for delivery.

 

AGMES

Report to 28 July 2016 following the closure of community survey.

 

Report deferred to August as the survey undertaken by the University for the contractor and results are being correlated by a third party.

 

Still awaiting survey results being compiles by Southern Cross University. Deferred to October.

 

JULY 2016

12

LF968

14/7/16

Council note the inspection of drainage issues at Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.

 

AGMES

Letter sent to residents thanking them for the meeting and providing them with the three design options and their cost.

13

SF2183

28/7/16

1. That Council write to the NH’s Island Golf Club & ask them to advise on action they have taken & intend to take to ensure their financial sustainability & reduce their water consumption.

2. That Council receive a report on alternate methods to assist the NH’s Island Golf Club without altering Council’s adopted fees & charges to be considered by the new Council.

3. That Council request clarification of the term “vulnerable customer” from the Office of Water.

GM

Report in October 2016.  Definition of “vulnerable customer” has been clarified.

 

 

14

SF2081

28/7/16

Following consideration of the report on Shoaling and Dredging by Council’s Estuary Committee, there be a further report to Council concerning a possible maintenance dredging strategy.

GM

Report in October 2016.

AUGUST 2016

15

SF1148

25/8/16

Does NSC need to take any action to provide some form of transition for greyhound owners to prevent the destruction of dogs that are now of no commercial value?

 

GM

Council’s Ranger advises that he has met with the RSPCA and they have advised that if Council is contacted by any greyhound owner who wants to surrender their dogs, that Council can receive the dogs and the RSPCA will come and take them from Council for rehoming.  This is apparently part of the arrangements the State Government has entered into in relation to their decision to ban greyhound racing in NSW.  There will be no fee for the surrender of any animal.


 

16

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

 

AGMCS

To be discussed with Auditors.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.5      SF591              290916         NSW Emergency Services Property Levy

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is brief.  A summary is not required.

 

 

Recommendation:

 

That the information concerning the NSW Emergency Services Property Levy which is scheduled to commence on 1 July 2017 be received.

 

 

OPTIONS:

 

There are no options as the report is for information.

 

The NSW Government has stated its intention to introduce the Emergency Services Property Levy from 1 July 2017.

 

 

DISCUSSION:

 

The NSW Government is undertaking major reform to the funding of emergency services.  From 1 July 2017 the existing insurance based arrangements will be replaced by an Emergency Services Property Levy (ESPL) bringing NSW into line with most other States.

 

One reason for the reform is that emergency services (Town Fire Brigades, Rural Fire Service, State Emergency Services) are largely funded through property insurance premiums meaning that those who take out insurance ane subsidising those who don’t.  Modelling by NSW Treasury indicates that the average residential insurance premium will fall by about $200 per annum.  Professor Allan Fels AO and Professor David Cousins AM have been appointed as Insurance Monitors and given a range of powers to ensure that the savings that will be generated when the insurance based levy is abolished are passed on to customers.

 

It is anticipated that the change will help address the serious issue of underinsurance in NSW by reducing the cost and improving the affordability of insurance.  Although not mentioned in the advice from NSW Treasury, the ESPL should also improve the transparency of funding arrangements for emergency services and by definition their accountability.  Currently the general public has little knowledge of the funding used to provide emergency services, nor the significant percentage increases in funding which have occurred in some years.

 

From 1 July 2017 ESPL will be collected by local councils from all property owners.  Council will list the levy on its rates notice as a separate item and it will be paid in the same way as council rates.  Pensioners, war veterans and other concession cardholders will be eligible for a concession under the ESPL.

 

The Council has received the attached advice from NSW Treasury concerning implementation arrangements for the levy.  The ESPL will be based on their ESPL classification and land value.  Each Council is being asked to classify all land within their boundaries against one of the ESPL property sectors by 31 December 2016.  The Government is advancing Council $23,598 to cover this cost.

 

Council staff have completed and returned the Memorandum of Understanding and participated in the webinars.

 

 


 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

To the extent the reforms address underinsurance, there will be a positive social outcome.

 

Economic

 

There should be no significant economic consequences.  The proposal should make the funding of emergency services more equitable.  Importantly it should also improve the transparency and accountability of emergency services funding.

 

Risk

 

There are no significant risks to Council.  The will be obliged to implement the levy.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The letter from NSW Treasury indicates that councils will be reimbursed all reasonable start-up and ongoing costs associated with collecting the ESPL.  In the initial years it is expected that councils will be required to report costs against agreed cost heads and that these costs will be subject to audit.

 

Source of fund and any variance to working funds

 

The Council has or will receive $23,598.

 

Service level changes and resourcing/staff implications

 

At the date of preparing this report, the Council had not been advised of the proposed ESPL land classification system.  Hopefully it will closely mirror the local government rating system and not require significant staff time in coding individual properties.

 

Attachments:

1

29488/2016 - NSW Emergency Services Property Levy

 

  


Ordinary Council Meeting - 29 September 2016

NSW Emergency Services Property Levy

 


 


 


 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.6      SF42                290916         Local Government Amendment (Governance and Planning) Act

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The attachment provides a summary of the report.

 

 

Recommendation:

 

That the information concerning the amendments to the Local Government Act 1993 be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

The Local Government Amendment (Governance and Planning) Act was assented to on 30 August 2016.  A summary of what the new legislation will mean for councils is attached.

 

Whilst not addressed in the summary advice from the Office of Local Government the Act does provide new guiding principles for councils and roles for elected members and staff.  It is worth listing these for the consideration of the new Council as they provide overall guidance for the effective operation of a council.  The principles are listed as follows:

 

Chapter 3 Principles for local government

8    Object of principles

The object of the principles for councils set out in this Chapter is to provide guidance to enable councils to carry out their functions in a way that facilitates local communities that are strong, healthy and prosperous.

8A  Guiding principles for councils

(1) Exercise of functions generally
The following general principles apply to the exercise of functions by councils:

(a)      Councils should provide strong and effective representation, leadership, planning and decision-making

(b)      Councils should carry out functions in a way that provides the best possible value for residents and ratepayers

(c)      Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community

(d)      Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements

(e)      Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community

(f)       Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way

(g)      Councils should work with others to secure appropriate services for local community needs

(h)      Councils should act fairly, ethically and without bias in the interests of the local community

(i)       Councils should be responsible employers and provide a consultative and supportive working environment for staff.

 

(2)      Decision-making
The following principles apply to decision-making by councils (subject to any other applicable law):

(a)      Councils should recognise diverse local community needs and interests

(b)      Councils should consider social justice principles

(c)      Councils should consider the long term and cumulative effects of actions on future generations

(d)      Councils should consider the principles of ecologically sustainable development

(e)      Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

 

(3)      Community participation
Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

8B  Principles of sound financial management

The following principles of sound financial management apply to councils:

(a)      Council spending should be responsible and sustainable, aligning general revenue and expenses

(b)      Councils should invest in responsible and sustainable infrastructure for the benefit of the local community

(c)      Councils should have effective financial and asset management, including sound policies and processes for the following:

(i)       performance management and reporting

(ii)      asset maintenance and enhancement

(iii)     funding decisions

(iv)     risk management practices.

(d)      Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i)       policy decisions are made after considering their financial effects on future generations

(ii)      the current generation funds the cost of its services.

8C  Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a)      Councils should identify and prioritise key local community needs and aspirations and consider regional priorities

(b)      Councils should identify strategic goals to meet those needs and aspirations

(c)      Councils should develop activities, and prioritise actions, to work towards the strategic goals

(d)      Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources

(e)      Councils should regularly review and evaluate progress towards achieving strategic goals

(f)       Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals

(g)      Councils should collaborate with others to maximise achievement of strategic goals

(h)      Councils should manage risks to the local community or area or to the council effectively and proactively

(i)       Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.

 

223 Role of governing body

(1)      The role of the governing body is as follows:

(a)      to direct and control the affairs of the council in accordance with this Act

(b)      to provide effective civic leadership to the local community

(c)      to ensure as far as possible the financial sustainability of the council

(d)      to ensure as far as possible that the council acts in accordance with the principles set out in Chapter 3 and the plans, programs, strategies and polices of the council

(e)      to develop and endorse the community strategic plan, delivery program and other strategic plans, programs, strategies and policies of the council

(f)       to determine and adopt a rating and revenue policy and operational plans that support the optimal allocation of the council’s resources to implement the strategic plans (including the community strategic plan) of the council and for the benefit of the local area

(g)      to keep under review the performance of the council, including service delivery

(h)      to make decisions necessary for the proper exercise of the council’s regulatory functions

(i)       to determine the process for appointment of the general manager by the council and to monitor the general manager’s performance

(j)       to determine the senior staff positions within the organisation structure of the council

(k)      to consult regularly with community organisations and other key stakeholders and keep them informed of the council’s decisions and activities

(l)       to be responsible for ensuring that the council acts honestly, efficiently and appropriately.

 

(2)      The governing body is to consult with the general manager in directing and controlling the affairs of the council.

 

226 Role of mayor

The role of the mayor is as follows:

(a)      to be the leader of the council and a leader in the local community

(b)      to advance community cohesion and promote civic awareness

(c)      to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities

(d)      to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council

(e)      to preside at meetings of the council

(f)       to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act

(g)      to ensure the timely development and adoption of the strategic plans, programs and policies of the council

(h)      to promote the effective and consistent implementation of the strategic plans, programs and policies of the council

(i)       to promote partnerships between the council and key stakeholders

(j)       to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council

(k)      in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community

(l)       to carry out the civic and ceremonial functions of the mayoral office

(m)     to represent the council on regional organisations and at inter-governmental forums at regional State and Commonwealth level

(n)      in consultation with the councillors, to lead performance appraisals of the general manager

(o)      to exercise any other functions of the council that the council determines.

 

232   The role of a councillor

(1)      The role of a councillor is as follows:

 

(a)      to be an active and contributing member of the governing body

(b)      to make considered and well informed decisions as a member of the governing body

(c)      to participate in the development of the integrated planning and reporting framework

(d)      to represent the collective interests of residents, ratepayers and the local community

(e)      to facilitate communication between the local community and the governing body

(f)       to uphold and represent accurately the policies and decisions of the governing body

(g)      to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor.

 


 

(2)      A councillor is accountable to the local community for the performance of the council.

 

335Functions of general manager

The general manager of a council has the following functions:

(a)      to conduct the day-to-day management of the council in accordance with the strategic plans programs, strategies and policies of the council

(b)      to implement, without undue delay, lawful decisions of the council

(c)      to advise the mayor and the governing body on the development and implementation of the strategic plans, programs, strategies and policies of the council

(d)      to advise the mayor and the governing body on the appropriate form of community consultation on the strategic plans, programs, strategies and policies of the council and other matters related to the council

(e)      to prepare, in consultation with the mayor and the governing body, the council’s community strategic plan, community engagement strategy, resourcing strategy, delivery program, operational plan and annual report

(f)       to ensure that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions

(g)      to exercise any of the functions of the council that are delegated by the council to the general manager

(h)      to appoint staff in accordance with the organisation structure determined under this Chapter and the resources approved by the council

(i)       to direct and dismiss staff

(j)       to implement the council’s workforce management strategy

(k)      any other functions that are conferred or imposed on the general manager by or under this or any other Act.

 

Determination of Organisation Structure

 

Previously the Council’s legal advice was that councillors were responsible for determining all positions in Council’s organisation structure.

 

One significant change in the legislation is that the organisation structure of a council is to be determined by councillors, in consultation with the general manager, for senior staff (contract) positions and by the general manager, after consulting with the council, for the remainder of the positions in the organisation structure.  Given the consultation requirements for both the council and the general manager, this council’s existing practice of reporting all changes to the organisation structure will remain unchanged.

 

However the changes to Section 332 of the Local Government Act provide that councillors, after consulting the general manager, determine the resources to be allocated towards the employment of staff.  This is important to ensure that councillors still have the authority to exercise control over the Council’s most significant expenditure.

 

CONSULTATION:

 

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

 

SUSTAINABILITY ASSESSMENT:

Environment

 

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 


 

Risk

 

There are no risks.  The report is for information.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing implications.

 

Attachments:

1

30235/2016 - Local Government Amendment (Governance and Planning) Act

 

  


Ordinary Council Meeting - 29 September 2016

Local Government Amendment (Governance and Planning) Act

 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.7      PRF14              290916         Future of Brook Park, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received complaints from many residents concerning anti-social behaviour from a group of juveniles using Brook Park, a small park located in Hibiscus Avenue, Nambucca Heads.

 

It is proposed that Council write to the 117 residential property owners within 150 metres of the park advising of the complaints that Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park.  In the interim it is recommended that Council provide signage in the park prohibiting its use outside daylight hours and prohibiting the lighting of fires.

 

 

Recommendation:

 

1        That Council install additional signage at Brook Park, Nambucca Heads prohibiting its use outside daylight hours and also prohibiting the lighting of fires.

 

2        That Council write to the 117 property owners within 150 metres of Brook Park, Nambucca Heads advising of the complaints council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park, Nambucca Heads.  Where the property owner is not the occupant, they will be asked to inform the occupant of the consultation.

 

3        There be a further report to Council on the outcome of the consultation with property owners and residents.

 

 

OPTIONS:

 

Council has discretion as to what, if any, action it takes in relation to the complaints about anti-social behaviour at Brook Park.  It can do nothing or implement any or all of the options discussed at the on-site meeting on 14 September.

 

Council can write to property owners within a greater or lesser radius than the 150 metres nominated.

 

There may be other options available but the options listed in this report are those considered feasible by those in attendance at the on-site meeting.

 

DISCUSSION:

 

Council has received complaints from many residents concerning anti-social behaviour from a group of juveniles using Brook Park, a small park located in Hibiscus Avenue, Nambucca Heads.   A photo of the park is attached as well as a cadastre/aerial photo of Brook Park together with the next closest neighbourhood park being Richardson Park, about 360 metres by road to the east.  The park has an area of 1,340m2 and has a drainage easement 3m wide incorporating a low flow pipe running through middle of its frontage to Hibiscus Avenue.

 

In response to resident complaints, on 14 September the General Manager met on-site with six concerned residents from nearby houses and Senior Constable Steve Cherry who is the Crime Prevention Officer for the Mid North Coast Command.  Another resident expressed similar concerns in a separate meeting with the General Manager.  The matters of concern to the residents are the activities of a group of juveniles aged between approximately 8 years and 15 years who they allege frequently occupy the park to all hours of the night and who often display anti-social/unlawful behaviour comprising:

 

·           Loud offensive language

·           Minor vandalism of street lights, park furniture, trees and surrounding fences

·           Lighting of fires, including aerosol cans

·           Trespassing on private property to collect balls and take short cuts

·           Intimidation of other children who may wish to use the park

·           Some drug dealing

 

The residents also expressed concern about retaliatory action taken by the juveniles when they have been counselled including offensive language, threats and minor vandalism.  One example cited was the power supply to an adjoining residence being switched off at the main power board resulting in the contents of the refrigerator being spoiled.

 

Council’s records indicate this is not the first time that there have been issues with the use of the Park.  In response to similar complaints, Senior Constable Cherry undertook a security assessment of the Park in 2013 and made some recommendations in relation to the protection of the surrounding private property.

 

At the on-site meeting on 14 September a range of initiatives to combat the anti-social behaviour were discussed including:

 

·           Additional signage to prohibit the use of the park outside daylight hours and to prohibit the lighting of fires.

·           Lighting.  Constable Cherry advised that his preferred alternatives for lighting were to either maintain the status quo where there is no lighting or alternatively to have exceedingly bright lighting which would be uncomfortable to park users.  However this would mean significant light spillage onto adjoining properties and it would affect the amenity of those residents.

·           Contacting the Police when anti-social behaviour was occurring.  However it was acknowledged that depending upon the location of the police at the time and other priorities they may not be able to respond whilst the problem is occurring.  It was also acknowledged that pursuant to the Young Offenders Act 1997 that the Police can only issue cautions and that generally these only escalate to a conference after an individual receives multiple cautions.  Even if a matter concerning a juvenile with a lengthy record of cautions for minor vandalism proceeds to Court there is reasonable likelihood the Court would order a further conciliation conference.  In summary the process does not lend itself to the alleged anti-social behaviour being satisfactorily addressed within a reasonable period.

·           Installation of CCTV.  This was previously suggested by the residents but given the comments in relation to lighting and Police powers in relation to anti-social behaviour by juveniles, it is unlikely to provide residents with a solution.

 

The option of changing the classification of the park from community to operational land and its subsequent sale for housing was also discussed as a certain and long term solution to the problem.  This option was favoured by those residents in attendance who remarked that the park had very little recreational value and noted its current usage was largely restricted to the juvenile group complained of.

 

As indicated in the attached photo, the park contains a small swing set, a small slippery dip and a single shelter.  The grassed area in the park is too small to kick a ball and avoid the risk of it landing in adjoining private property, this being a source of complaint from the neighbours.

 

As an isolated “pocket” park it is also relatively expensive for Council to maintain.  The very limited playground equipment does not make it an attractive destination for young children and their carers’ which in turn contributes to a loss of passive surveillance/social interaction which in turn results in the anti-social activities by juveniles who are not the target age group for this type of park.  It is difficult to foresee these fundamental design flaws in the park ever being remedied by signage or crime prevention initiatives.

 

It is proposed that Council write to the 117 residential property owners within 150 metres of the park advising of the complaints that Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park.  In the interim it is recommended that Council provide signage in the park prohibiting its use outside daylight hours and prohibiting the lighting of fires.

 

Even if more residents express a preference to retain the park than close it and the Council decides to take no further action, the exercise of engaging with the community may improve behaviour by the park users, knowing that the Council will seriously consider its closure if the pattern of complaints continues.

 

 

CONSULTATION:

 

There has been consultation with Senior Constable Steve Cherry, Crime Prevention Officer for the Mid North Coast Command; seven concerned residents being six at the meeting on 14 September and a further resident who approached the General Manager on site on 16 September.

 

Council’s Green Space Coordinator, Tim Woodward, undertook an audit of all of Council’s parks in 2015 and the following is an extract of his comments on Brook Park together with some photos of the play apparatus.

 

Brook Park contains one set of swings, a slide and a shelter. All of the equipment in the park is tagged heavily with graffiti and the slide had been damaged by burning (which has since been plastic welded for safety reasons). Overall the equipment is in good condition.

 

 

Description: C:\Users\timw\Pictures\Playgrounds 29092015\P1000762.JPG

 

Description: C:\Users\timw\Pictures\Playgrounds 29092015\P1000765.JPG

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

The apparent problems with behaviour at Brook Park would seem to arise from social issues being inadequate parental/carer control of juveniles (for whatever reason/s).

 

The location, size and nature of the park are also contributory problems.  It is too small to be very effective for recreation and is inadequately equipped to be attractive to its target users being pre-school children and their carers’.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.  The recommendation is for additional signage and for additional consultation.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a minor cost associated with the additional signage.  This is estimated to be $300.

 


 

Source of fund and any variance to working funds

 

The cost of the signage can be met from existing budgets.

 

Service level changes and resourcing/staff implications

 

There will be resourcing required in registering and considering feedback from residents and preparing a further report to Council.

 

Attachments:

1

31956/2016 - Brook Park September 2016

 

2

31958/2016 - Brook Park & Richardson Park

 

  


Ordinary Council Meeting - 29 September 2016

Future of Brook Park, Nambucca Heads

 

 

 



Ordinary Council Meeting - 29 September 2016

Future of Brook Park, Nambucca Heads

 

 

 



Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.8      SF827              290916         Local Government Grants Commission Visit

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That the information concerning presentations by and to the Local Government Grants Commission at 9.00am on Thursday 3 November 2016 be received.

 

2        That the additional road and bridge length on the existing Pacific Highway proposed to be handed over to Council be forwarded to the Grants Commission so they may be able to advise on what additional funding the Council will receive.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

The Local Government Grants Commission will be visiting Council on Thursday 3 November 2016 from 9.00am to approximately 11.00am.

 

For the benefit of new Councillors the Financial Assistance Grants, otherwise known as the FAGs, will provide Nambucca Shire Council with funding of $3,588,504 in 2016/17 consisting of two components:

 

·           a general purpose component of $2,455,624

·           a local roads component of $1,132,880

 

The local roads component consists of a population and local road length formula amount of $897,258 and a bridge length formula amount of $235,622. 

 

The total grant is a general purpose grant with no conditions attached to the expenditure of the funds.

 

By way of comparison the Council’s general rate income for 2016/2017 will amount to just over $10m.  Therefore the FAGs represent about 35% of our rate income and by definition are very important to the financial sustainability of the council.

 

The purpose of the meeting is for the Commission to explain its operations and the basis of its calculation of financial assistance grants.  The meeting also gives Council the opportunity to present its particular problems and for the Commission to see first-hand Council’s circumstances.

 

At this stage the members of the Commission’s group will be:

 

The Hon Jenny Gardiner (Chair)

Tim Hurst, Deputy Chair

Alan McCormack, Commissioner

Graeme Fleming, Commissioner

Bruce Wright, Executive Officer

 

Following a presentation by the Commission, the Council has the opportunity to make a presentation to the Commission about its particular needs.  For a presentation or submission to have a direct impact on the grant calculations it must provide an estimate of the additional costs experienced by Council due to the inherent characteristics of the area which Council believes are not adequately recognised by the Commission’s disability calculations.

 

If Council proposes to make a submission they request that an outline of the matters to be raised be emailed to them a few days prior to the meeting.  Council has previously made submissions to the Commission without success in relation to our revenue disability arising out of the number of people residing permanently in caravan parks.

 

It is proposed that Council make a presentation to the Commission on the proposed handover of the Pacific Highway to Council and secondly to reinforce the recommendations of the Independent Local Government Review Panel and others that the 30% per capita provision of the general purpose component be abandoned in favour of an allocation based purely on the expenditure and revenue allowances.

 

Councillors are welcome to review the attached information provided by the Grants Commission and to suggest the inclusion of different or other matters in the presentation.

 

Given the relative significance of the FAGs to Council’s financial sustainability it would be desirable if as many councillors as possible were available to attend the briefing at 9.00am on Thursday 3 November.

 

CONSULTATION:

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

 

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

There are no identified risks in relation to the visit of the Local Government Grants Commission.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

There are no financial impacts.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

There are no service level impacts.  Council staff will need to prepare the presentation to the Grants Commission.

 

Attachments:

1

30908/2016 - Grants Commission letter

 

2

30909/2016 - Grants Commission FAGS calculation

 

3

30910/2016 - Grants Commission information sheet

 

  


Ordinary Council Meeting - 29 September 2016

Local Government Grants Commission Visit

 


 


 


Ordinary Council Meeting - 29 September 2016

Local Government Grants Commission Visit

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 29 September 2016

Local Government Grants Commission Visit

 


 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.9      SF1541            290916         Horticulture Land Use Regulation

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The expansion of the blueberry industry within the Nambucca Shire has attracted attention from members of the community and Councillors. The intention of this report is to outline that horticultural activities such as blueberry plantations and associated structures such as netting are currently permissible without development consent under the Nambucca Local Environmental Plan 2010 (NLEP).

 

This report also provides an option for Council to amend the NLEP so that horticulture and associated structures are exempt development subject to them complying with specified controls. The intent of amending the NLEP is to enable regulation of horticultural activities to mitigate potential land use conflicts; particularly from horticultural land uses adjacent to or within the R5 Large Lot Residential zone which encroach within recommended buffer areas to existing development or are visually prominent within the rural landscape.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1        That Council staff proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the Nambucca Local Environmental Plan 2010 and relocate to ‘permitted with consent'.  In addition to this, make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 subject to specific controls to mitigate potential land use conflicts.

 

2        That Council staff report the intended exempt development controls to be implemented into Schedule 2 of the Nambucca Local Environmental Plan 2010 to Council for approval prior to undertaking public consultation.

 

OPTIONS:

 

·       Recognise that blueberry netting is ancillary to ‘horticulture’ and make no alterations to the Nambucca Local Environmental Plan 2010 so ‘horticulture’ remains permissible without development consent within the RU1 Primary Production, RU2 Rural Landscape and the R5 Large Lot Residential zones.

 

·       Authorise Council staff to proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the Nambucca Local Environmental Plan 2010 and relocate to ‘permitted with consent. In addition to this, make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 subject to specific controls to mitigate potential land use conflicts.

 

 

DISCUSSION:

 

The recent expansion of the blueberry industry in the Coffs Harbour area has seen the proliferation of white netting within the rural landscape to protect the blueberries from wildlife. Such netting is quite prominent within the rural landscape and has attracted significant public opinion with regards to its impact on rural scenic amenity within the Coffs Harbour area.

 

Recently, blueberry farmers have established plantations within the Nambucca Shire and have commenced erecting netting structures. Members of the community have voiced their concerns with regards to the visual impact of the netting as well as potential chemical spray drift onto surrounding land.

 

Netting for the blueberry plantations at 537 Old Coast Road, North Macksville and 42 Ironbark Road, Wirrimbi were approved under development applications DA2016/121 & DA2016/125. Development consent was sought for the netting as a result of community dissatisfaction with the use of white netting and advice that development consent was required.

However, after a review of the permissibility of blueberry netting it is apparent that their erection is currently permissible without development consent within the RU1 Primary Production, RU2 Rural Landscape and the R5 Large Lot Residential zones under the Nambucca Local Environmental Plan 2010 (NLEP) as outlined below.

 

When considering the permissibility of the netting it is important to note the following points:

 

·      Horticulture is defined within the NLEP as follows:

horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.

 

Horticulture is permitted without development consent within the RU1, RU2 and the R5 zones.

 

·      Under the Environmental Planning and Assessment Act 1979, a building is defined as:

building includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure or part of a manufactured home, moveable dwelling or associated structure.

 

The erection of netting over blueberry plantations includes the erection of 3-5m poles and tensioned wire to support the netting. Having regard to the above definition of a building, the erection of netting is considered to be a building (structure).

·      Under the NLEP a farm building is defined as:

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

 

Farm buildings are permissible only with development consent within the RU1, RU2 and R5 zones under the NLEP.

 

·      An ancillary use is a component of a development which serves the dominant purpose. A ‘mixed use development’ means a building or place comprising 2 or more different land uses (NLEP).

 

As such, if a development includes a land use which is ancillary to another land use, then the development is characterised by the single dominant land use. However, if both land uses serve their own purpose and are independent of each other; they would be classified as a ‘mixed use development’.

 

This is outlined within the Planning Circular “How to Characterise Development” which has been included within attachment 1.

 

Having regard to the above, blueberry plantations are classified as ‘horticulture’ and can be planted anywhere on land within the Shire's RU1, RU2 and R5 zones without development consent. Because the purpose of the netting over the blueberry plantations is to protect them from wildlife damage; they are considered to be ancillary to the horticultural land use as they serve that dominant purpose. As such, because ‘horticulture’ is permitted without development consent on any land within the above land use zones, so too is the erection of any ancillary netting as they are classified as ‘horticulture’.

 

This principle applies to all ‘farm buildings’ which are ancillary to an agricultural land use which is permissible on land without development consent. For example, greenhouses associated with ‘horticulture’ and sheds associated with ‘extensive agriculture’ (crops/fodder, grazing, bee keeping, or dairy).

 

Development consent for a farm building is currently only required when it is ancillary to an agricultural land use which is only permissible on the land with development consent under the NLEP and is not exempt under clauses 2.31 and 2.32 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

The north coast blueberry industry had grown rapidly to be worth more than $20 million and is becoming a key economic driver within the region’s economy. While it is considered that Council should encourage the growth of the industry within the Nambucca Shire, it is also considered that it should be regulated to areas that protect existing development and future growth within Councils mapped R5 Large Lot Residential Zone. Given such horticultural enterprises can be established in locations which are contrary to both Councils and the NSW Department of Primary Industries development standards and that there is considerable public opinion against the visual impacts of the associated netting and potential chemical spray drift; it is recommended that Council consider the potential land use conflicts which can result from horticultural activities and amend the NLEP to enable Council to appropriately regulate the location of horticultural land uses.

 

Council's options with regards to this matter are:

 

1        Recognise that blueberry netting is ancillary to ‘horticulture’ and make no alterations to the NLEP so ‘horticulture’ remains permissible without development consent within the RU1, RU2 and R5 zones; or

 

2        Authorise Council staff to proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’. In addition to this, make ‘horticulture’ exempt development in Schedule 2 of the NLEP subject to specific controls to mitigate potential land use conflicts.

 

It is recommended that Council adopt the second recommendation. Please note that should Council adopt the second recommendation, Council staff will prepare a report outlining the recommended controls which would make ‘horticulture’ exempt development under the amended NLEP and report the matter back to Council for consideration prior to undertaking community consultation. It is envisaged that the recommended controls would include the use of black netting for blueberries and setbacks from existing dwellings as specified in Part F of the Nambucca Development Control Plan 2010.

 

As outlined above, the intention of regulating the location of horticultural land uses is to mitigate potential land use conflicts; particularly from horticultural land uses within the R5 zone in which the primary objectives are to facilitate residential land uses. Please note that if a horticultural activity does not comply with the exempt development controls formulated by Council; it would mean a development application would need to be lodged with Council seeking approval for the activity. It is part of this process in which the landowner could seek to justify encroaching within specified buffer distances, use alternate coloured netting, etc.

 

It is considered that this approach will still permit the vast majority of horticultural land uses to be undertaken without requiring development consent (subject to Councils resolution on exempt controls). However, it will enable Council to regulate those horticultural land uses which encroach within recommended rural buffer distances. This is considered to be particularly important to mitigate the potential impacts of anticipated/planned growth on large Greenfield areas within the R5 zone and on or adjacent to the large amount of existing ‘rural residential’ style development which currently exists within Councils RU1 and RU2 zones.

 

 


 

CONSULTATION:

 

General Manager

Manager Development and Environment

Coordinator of Strategic Planning and Natural Resources

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommended amendment to the NLEP will enable greater consideration to be given to minimising environmental impacts which result from horticulture.

 

Social

 

As outlined above, the recommended amendment to the NLEP is intended to mitigate land use conflicts which will reduce the social impacts associated with horticultural activities.

 

Economic

 

Regulating areas of land on which horticultural activities can be undertaken has the potential to reduce harvest yields. However, not regulating horticultural activities location has the potential to impact the value of surrounding land and development; particularly in the R5 Large Lot Residential Zone.

 

The proposed amendments are intended to mitigate potential conflicts with existing development. Future development within the RU1, RU2 and R5 zones would need to demonstrate compatibility with adjoining horticultural uses when that development is proposed.

 

Risk

 

Over regulation may result in horticultural industries not expanding within the Shire. However, no regulation has the potential to slow investment in the expansion of rural residential development within the greenfield areas of the Shire zoned R5 Large Lot Residential. 

 

 

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

28708/2016 - Attachment 1 - Planning Circular

 

  


Ordinary Council Meeting - 29 September 2016

Horticulture Land Use Regulation

 


 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.10    DA2016/097      290916         Modification to DA2016/097

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

This report provides an assessment of an application lodged under section 96 of the Environmental Planning and Assessment Act 1979 to relocate an approved trolley bay to the Council footpath within the frontage of the IGA supermarket at 76 High Street, Bowraville.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, refuse the application to modify development consent DA2016/097 for the following reasons:

 

1        The proposal will result in unacceptable pedestrian conflicts which are contrary to the public interest and will be a negative precedent for Council to set.

 

2        The location of the proposed development is within a heritage conservation area as described in schedule 5 of the Nambucca Local Environmental Plan 2010 (LEP). In accordance with clause 5.10(4) of the LEP, locating developments such as a trolley bay within the streetscape of the conservation area is considered to have a negative impact on the significance of the heritage conservation area in which it is located.

 

3        The development fails to enhance the streetscape as required by clause I1.3 of the Nambucca Development Control Plan 2010. 

 

4        There are alternative locations and designs for the development which better serve the public interest.

 

 

OPTIONS:

 

1          Refuse the modification application as recommended.

 

2          Approve the modification application subject to modified consent conditions. Draft conditions have been included within attachment 6.

 

3          As Council is the owner of the footpath, it can withdraw its owner’s consent to the development application which would mean the development application is invalid.  Accordingly if Council refuses to issue consent, an appeal is not a practical option.

 

DISCUSSION:

 

Development application DA2016/097 includes the construction of a trolley bay on Councils footpath adjoining the existing IGA at 76 High Street, Bowraville (Lot 7 DP 664103). An aerial photograph of the site is shown below.

 

 

The application originally proposed the location of the trolley bay within the shop front of the IGA supermarket on the High Street footpath. However, due to the location of the development within a heritage conservation area as described in schedule 5 of the Nambucca Local Environmental Plan 2010 (LEP) and due to increased pedestrian conflict; the applicant was advised that the development as proposed could not be supported. The applicant was advised that a relocated trolley bay to the footpath within Belmore Street would be considered by Council. The applicant subsequently submitted amended plans and the application was approved under delegated authority on 3 August 2016. The approved plan has been included within attachment 1.

 

IGA then made contact with Council staff seeking approval to relocate the trolley bay back to the front of the store on the High Street footpath. After being advised that Council staff would not support the location of the trolley bay within the shop front, an onsite meeting was requested with Councils Senior Town Planner and Mayor.

 

During the onsite meeting members from IGA expressed their reasons for wanting the trolley bay within the shop frontage rather than within the shop or the Belmore Street footpath. An alternative location within the Belmore Street footpath was suggested for consideration; however, this was refuted by the IGA representatives and has been reiterated within the applicants supporting statement submitted with the subject modification application in attachment 2.

 

The subject modification application seeks approval to modify development consent DA2016/097 to permit a portable trolley bay to be located on the High Street footpath within the IGA shop frontage. It is proposed that the trolley bay will be similar to the one illustrated within attachment 3. The plan submitted with the modification application has been included within attachment 4.

 

It is not considered that the proposed location of the trolley bay within the IGA frontage on the High Street footpath is acceptable for the following reasons:

 

1.   The proposed location was considered by Councils Access Committee at its meeting on 23 August 2016. The Access Committee did not support the proposal and made the following resolution:

 

That Council be made aware of the Committee’s concerns regarding a proposal to house shopping trolleys on the Council footpath outside the Bowraville IGA based on the following:

Ø Potential cluttering and limits access along the shop front;

Ø This is a key gathering point and therefore there isn’t the room;

Ø It prevents full use of the street by the public;

Ø Scooters users park outside in this area;

Ø Creates an obstacle for people with vision impairment;

Ø Creates a precedent;

Ø The business is increasing its floor area by using public space;

Ø Shopping trolleys would be hard to contain and may wander creating further hazards.

 

While the applicant has stated that there will be a 1500mm clearance between the shop entrance and the trolley bay; this does not address the key issue for vision impaired people who generally use the first metre between from the shop front of buildings as access. Given the proposed portable trolley bay will be located within this area on a primary public thoroughfare, it is not considered that it will be in the public interest and will be a negative precedent for Council to set.

 

2.   The location of the proposed development is within a heritage conservation area as described in schedule 5 of the Nambucca Local Environmental Plan 2010 (LEP). In accordance with clause 5.10(4) of the LEP, locating developments such as a trolley bay within the streetscape of the conservation area is considered to have a negative impact on the significance of the area and fails to enhance the streetscape as required by clause I1.3 of the Nambucca Development Control Plan 2010 (NDCP). 

 

3.   It is considered that there are alternative locations for the trolley bay. Trolleys associated with the IGA have always been stored within the shop. However, it is now proposed to locate them on Councils footpath to maximise the floor area of the shop. While maximising business potential is supported, it should be done so in a manner which best meets the public interest; particularly when it is proposed to do so by utilising public land.

 

As mentioned earlier, an alternative location was raised with the IGA representatives during a site meeting. This was on the Belmore Street footpath in line with the buildings High Street frontage as illustrated in attachment 5. This option was recommended as it would enable trolleys to still be accessed from High Street, could be designed to have a negligible impact on the heritage significance of the area, would reduce pedestrian conflicts, and would allow the shop to maximise its floor area.

 

As can be seen in attachment 2 and expressed during the site meeting, the applicant does not want to locate the trolley bay within Belmore Street footpath for the following reasons:

 

·      The trolleys will get wet when it rains and customers will have to go out into the rain to get a trolley.

Comment: The alternative location suggested by Council staff and illustrated in attachment 5 enables trolleys to be collected from the High Street footpath. The erection of an awning to cover the trolley bay and pedestrian access could be undertaken by the applicant to ensure the trolleys and customers would not get wet. Such an awning would serve a dual purpose as it would provide greater articulation to the existing building which would satisfy the ‘in need of remodelling’ and requires ‘special attention’ considerations within Part I of the NDCP. It is considered that this in conjunction with the existing screening on the corner of Belmore and High Street and a non-transparent cover around the trolley bay would improve the existing streetscape.

 

·      The slope of the footpath would make handling of the trolleys difficult.

Comment: Trolleys would be accessed from the High Street footpath. There is no significant change in gradient at this location compared to anywhere else along the shop frontage.

 

·      Collecting trolleys from this area at night is unsafe.

Comment: Trolleys would be accessed from the High Street footpath which from a safety prospective, is not considered to present any increased safety risks to IGA staff or customers than the proposed location. If this is such a concern for IGA, it would be advised to continue to store the trolleys within the shop.

 

·      It would obstruct access to Councils disabled toilet.

Comment: The trolley bay is 800mm wide. Given the Belmore Street footpath is 2400mm wide at its narrowest point and that a minimum 1200mm is required to maintain disabled access; the proposal will not obstruct disabled access to the public disabled toilet as a 1600mm wide access will be available.

 

It is considered that the suggested alternative option is a reasonable compromise which will enable the business to maximise its floor area while ensuring the development does not adversely impact the public interest. While there are expenses associated with the alternative option, it is considered that such expenses should be borne by the applicant if they wish to utilise Council land to maximise their business.

 

Given the applicant has stated that they do not wish to locate the trolley bay on the Belmore street footpath; it is recommended that Council refuse the modification application which is considered to be consistent with the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979.

 

CONSULTATION:

 

Access Committee

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

It is not considered that there will be any adverse impacts on the natural environment.

 

Social

Subject to the implementation of the recommendation, there will be no impacts on the social environment.

 

Economic

Subject to the implementation of the recommendation, there will be no adverse impacts on the economic environment.

 

Risk

Subject to the implementation of the recommendation, there will be no increased risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

32271/2016 - Attachment 1 - Approved Plan

 

2

32270/2016 - Attachment 2 - Applicants Supporting Statement

 

3

32269/2016 - Attachment 3 - Example

 

4

32267/2016 - Attachment 4 - Plan of Proposed Modification

 

5

32266/2016 - Attachment 5 - Plan of Alternative Location

 

6

32265/2016 - Attachment 6 - Draft Modified Conditions

 

  


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


 


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


Ordinary Council Meeting - 29 September 2016

Modification to DA2016/097

 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.11    SF2172            290916         Minutes of the Nambucca Shire Council Access Committee meeting held 23 August 2016

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development        

 

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 23 August 2016 are attached for Council’s endorsement. 

 

Note: Recommendation 2 relates to Report Item 9.10 (included in this Business Paper) - Modification to DA 2016/097.

 

 

 

Recommendation:

 

1        That Council note the application for the 2017 Seniors Week luncheon. 

 

2        That Council note the Committee’s concerns regarding a proposal to house shopping trolleys on the Council footpath outside the Bowraville IGA.

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 July 2016.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

LEGISLATIVE ASSEMBLY COMMITTEE INQUIRY INTO THE ACCESS TO TRANSPORT FOR SENIORS AND DISADVANTAGED PEOPLE IN RURAL AND REGIONAL NSW

 

Council is advised that Cr Smyth made a submission to the Legislative Assembly Committee on Community Services inquiry into the access to transport for seniors and disadvantaged people in rural and regional NSW on behalf of the Access Committee and Council. As submissions have now been published a copy can be publicly released and is attached for information.

 

MODIFICATION TO DEVELOPMENT APPLICATION 2016/097

 

The Access Committee’s concerns regarding a proposal to house shopping trolleys on the Council footpath outside the Bowraville IGA are based on the following:

 

·      Potential cluttering and limits access along the shop front;

·      This is a key gathering point and therefore there isn’t the room;

·      It prevents full use of the street by the public;

·      Scooters users park outside in this area;

·      Creates an obstacle for people with vision impairment;

·      Creates a precedent;

·      The business is increasing its floor area by using public space;

·      Shopping trolleys would be hard to contain and may wander creating further hazards.

 


 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

28746/2016 - Minutes - Access Committee - 23 August 2016

 

2

24629/2016 - Submission: Inquiry into Access to Transport for Seniors and Disadvantaged People in Rural and Regional NSW

 

  


Ordinary Council Meeting - 29 September 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 23 August 2016

 

PRESENT

 

Cr Elaine South (Chairperson)

Cr A Smyth

Ms Lee-anne Funnell

Mr Les Small

Mr Peter Shales

Ms Margaret Hutchinson

Ms Sam Noble (NV Phoenix)

Mr Keith Davis

Ms Coral Hutchinson

 

 

APOLOGIES

 

Ms Jenny Adams

Dr Dorothy Secomb

Ms Fiona Henwood (Guide Dogs)

Ms Alba Sky

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2172              230816      Confirmation of the Minutes of the Previous Meeting held  26 July 2016

Recommendation: (davis/smyth)

 

That the Committee confirm the minutes of the meeting held 26 July 2016.

 

 

 

ITEM 3.2      SF2172              230816      Business Arising from Previous Meeting held 26 July 2016

Recommendation: (davis/smyth)

 

That the matters arising, including the interest by Bowraville Chamber of Commerce in the “Recharge” Scheme and the publication of Council’s submission: Inquiry into Access to Transport for Seniors and Disadvantaged people in rural and regional NSW, be noted. 

 

 

 

ITEM 3.3      SF2172              230816      Correspondence to the Access Committee meeting 23 August 2016

Recommendation: (small/funnell)

 

That correspondence received and sent be noted.

 

 

ITEM 3.4      SF2172              230816      Report on General Business to the Access Committee 23 August 2016

Recommendation: (hutchinson/davis)

 

1    That an application for the Seniors Week luncheon be submitted and that the inclusion of a component promoting physical activity for seniors (eg using Council’s outdoor exercise equipment) be considered. 

 

Recommendation: (davis/funnell)

 

2    That Council be made aware of the Committee’s concerns regarding a proposal to house shopping trolleys on the Council footpath outside the Bowraville IGA based on the following:

·      Potential cluttering and limits access along the shop front;

·      This is a key gathering point and therefore there isn’t the room;

·      It prevents full use of the street by the public;

·      Scooters users park outside in this area;

·      Creates an obstacle for people with vision impairment;

·      Creates a precedent;

·      The business is increasing its floor area by using public space;

·      Shopping trolleys would be hard to contain and may wander creating further hazards.

 

Note:  The Committee received a report on the Seniors Expo. 

 

 

   

NEXT MEETING DATE

The next meeting will be held on 27 September 2016 at 2.00pm.

 

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3.15 pm. 

 

………………………………

(CHAIRPERSON)


Ordinary Council Meeting - 29 September 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 23 August 2016

 

The Chair

Legislative Assembly Committee on Community Services

 

 

SUBMISSION:   INQUIRY INTO ACCESS TO TRANSPORT FOR SENIORS AND DISADVANTAGED PEOPLE IN RURAL AND REGIONAL NSW

 

This submission is made on behalf of Nambucca Shire Council's Access Committee, of which I am a member.  The Committee is an advisory committee of Council, whose members include two Councillors, representatives from Guide Dogs, SES, Nambucca Valley Phoenix (a supported employment service for people who have an intellectual disability), Macksville Aquatics Centre, as well as a number of interested members of the public. 

 

The Nambucca Shire Local Government Area is located on the Mid North Coast of NSW, approximately 500km north of Sydney and 480km south of Brisbane and has a population of 19,655 (ABS).  The median weekly household income is approximately $700. 

 

The population of Nambucca Shire includes more than 7,000 rural residents; 24.4% of people are aged 65 years or older; 7.3% of people are Aboriginal; and 10.7% of the population are unemployed.  According to ABS statistics, there are 5,742 people with a disability who are living in private dwellings. 

 

With regard to accessibility to transport in the Nambucca Shire, Public Transport options are limited to a couple of train services north and south each day.  There is a privately-run bus service available which connects to towns in the Shire and north to Coffs Harbour. There is a private taxi service available for those who can afford to utilise that service.  Community Transport operates a service in the Shire, which is always in high demand. 

 

At a recent meeting, the Access Committee discussed access to transport and the challenges presented to the elderly and those with disability and decided to make a brief submission to the Inquiry. 

 

The issues identified by the Access Committee in relation to accessibility to transport services in our Shire are:

·    ACCESS TO TRAINS:  TIMETABLES,  ACCESS TO NIGHT TRAINS

Railway stations in the Shire are not located in town centres, nor connect with bus services. Accessing train stations at night is particularly concerning, but due to the limited service available to Sydney and Brisbane, this is sometimes unavoidable. Timetabling has been an issue in recent years, with one of the daily services to Nambucca Heads being removed.

The Access Committee supports the recent decision by the NSW State Government and NSW Trainlink to ensure that employees will continue to staff Macksville and Nambucca Heads Railway Stations particularly so that trains will continue to be met by staff.  This is a high priority due to the number of night connections and the large number of elderly people and people with disabilities relying on train services.

Also, timetable reform would be supported if trains were able to offer a daily commute within the region as well as travel options.

 

·    CONNECTIONS TO TOWNS AND CITIES SOUTH OF THE VALLEY, PARTICULARLY KEMPEY AND PORT MACQUARIE

Difficulties with connections arise because bus services to the south are operated by a different company to that which operates from the Nambucca Valley.

·    CONNECTIONS TO SCHOOLS AND UNIVERSITY IN COFFS HARBOUR/PORT MACQUARIE

More connections would be desirable, particularly to allow students to attend classes/activities conducted out of school hours. 

·    DISCHARGED PATIENTS (WHO HAVE ARRIVED VIA AMBULANCE) HAVING TRANSPORT FROM MACKSVILLE HOSPITAL TO RETURN HOME OR TO AGED-CARE FACILITY

Patients who arrive by ambulance to hospital are required on discharge to find their own way home.  This can be a costly exercise, particularly if a taxi is required to travel from Macksville Hospital to a remote rural property.

·    ABILITY TO TRAVEL TO COFFS HARBOUR TO VISIT DOCTORS AND SPECIALISTS

The number of specialist doctors practising out of the Nambucca Shire is limited, necessitating travel by many residents to attend appointments in Coffs Harbour (our closest city), 50kms north. Trying to juggle a limited bus and train timetable to attend appointments in Coffs Harbour is particularly challenging for the elderly and those with mobility issues. Many residents do not have their own vehicle and the cost of a taxi is often out of people's reach.  Due to the demand on its services, Community Transport is not always available on short notice. 

 

The Access Committee would welcome the introduction of a fuel card similar to that available for seniors in remote Western Australia, which assists with the costs of private transport where public transport is unavailable. 

Increased availability of Community Transport services in the Nambucca Shire would also be of great benefit.

 

Thank you for the opportunity of making a submission to this important Inquiry.

 

Councillor Anne Smyth

Access Committee member

Nambucca Shire Council

19 July 2016

 

 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.12    SF1958            290916         Nambucca and Deep Creek Flood Risk Management Study and Plan

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources; Michael Coulter, General Manager         

 

Summary:

 

The purpose of the report is to provide Council with advice on the status of the Flood Risk Management Study and Plan for Deep Creek, the Nambucca River and adjoining tributaries.

 

 

Recommendation:

 

1        The Council note the draft Flood Risk Management Study and Plan has been prepared by WMA water.

 

2        Following consideration of the report by Council’s Estuary Committee, there be a further report to Council recommending the study be exhibited.

 

 

OPTIONS:

 

Council may resolve to exhibit the document now.

 

DISCUSSION:

 

Council received funding from the Office of Environment and Heritage (OEH) to prepare a Flood Risk Management Study and Plan for the Deep Creek and Nambucca River Catchments. This funding was matched with funding from Councils Environmental Levy at a 2:1 ratio (OEH : Levy).  The total budget for the project is $172,000.

 

The draft Flood Risk Management Study and Plan have now been completed and can be viewed at:

 

http://www.nambucca.nsw.gov.au/cp_themes/default/page.asp?p=DOC-HZB-01-85-56

 

What is the Study and the Plan?

 

The NSW Government’s Flood Policy provides a framework to ensure the sustainable use of floodplain environments. The Policy is specifically structured to provide solutions to existing flooding problems in rural and urban areas. In addition, the Policy provides a means of ensuring that any new development is compatible with the flood hazard and does not create additional flooding problems in other areas.

 

Under the Policy, the management of flood liable land remains the responsibility of local government. The State Government subsidises flood mitigation works to alleviate existing problems and provides specialist technical advice to assist Councils in the discharge of their floodplain management responsibilities.

 

The Policy provides for technical and financial support by the Government through four sequential stages:

 

1. Flood Study

Determine the nature and extent of the flood problem.

 

2. Floodplain Risk Management

Evaluates management options for the floodplain in respect of both existing and proposed development.

 

3. Floodplain Risk Management Plan

Involves formal adoption by Council of a plan of management for the floodplain.

 

4. Implementation of the Plan

Construction of flood mitigation works to protect existing development, use of Local Environmental Plans to ensure new development is compatible with the flood hazard.

 

The Nambucca Shire Floodplain Risk Management Study constitutes the second stage of the management process.

 

The Nambucca Shire Floodplain Risk Management Draft Plan constitutes the third stage of this management process.

 

These documents provide the basis for future management of flood prone lands in the Shire.

 

What has the Study investigated?

 

The study has:

 

·       investigated hazard and hydraulic categorisations

·       made flood damages assessments

·       made recommendations to adopt Flood Planning Levels appropriate for the catchment

·       investigated available flood risk management measures along with prioritisation, staging of works and preliminary costings; and

·       reviewed Councils flood policy.

 

What has the plan produced?

 

Using the study to identify appropriate management measures, the plan has identified 13 actions for implementation.  These actions are:

 

H1      Evacuation Planning

The NSW SES Local Flood Plan was prepared in 2015 and schedule for review in 2020.  Incorporate any major future events into flood intelligence and evacuation planning.  Place signs advising risk of driving through floodwaters on roads subject to inundation.

 

H2      Flood Awareness and Preparedness

Develop a flood awareness program, which also includes information about the relationship between the new gauge and Lanes Bridge.

 

H3      Flood Planning Levels

Revise FPL (Flood Planning Level) and FPA (Flood Planning Area – being land below the flood planning level and typically subject to development controls) as per the outcome of this study.  Make the FPL and other flood information and extents available on website.

 

H4      Revise LEPs and DCPs

Changes to LEP and DCP as specified in Section 6.4.3.2 of the FRMS

 

H5      Flood Warning

Develop additional warnings for Warrell Creek and Utungun.  Install additional gauge in upper reaches of Taylors Arm.  Develop accurate correlation between new and old sites of Bowraville gauge.  Monitor timing difference between Utungun, Macksville and Bowraville.

 

M1     Section 149 certificates

Reissue s149 certificates to all residents affected by revised FPA.  Issue 149(5) at the same time as 149(2) at no additional cost in order to promote flood awareness.

 

L1      East Macksville Levee

Construct a levee on the eastern side of the Macksville Highway Bridge.

 

L5      Flood Access

Raise the low point on Wilson Road as part of future road maintenance or works budgets.

 

L3      Housing Raising

Undertake further investigations into potential for house raising in the Shire.

 

L4      Hyland Park

Fill low lying terrain in Hyland Park to 1.4m AHD

 

L6      Temporary Flood Barriers

Consider optimising the East Macksville Levee to include a temporary flood barrier.

 

L7      Town Drain Levee

Further investigations of Town Drain levee or flap gates.

 

L2      Voluntary Purchase

Assess and consider the viability for voluntary purchase of the two properties in Bowraville.

 

CONSULTATION:

 

The report concerns proposed consultation arrangements which will result in the Study and Plan being placed on public exhibition.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The implications for the environment are considered in the Study and Plan

 

Social

 

The study and plan considers social implications.

 

Economic

 

The study and plan considers economic implications.

 

Risk

 

The Study and Plan is primarily concerned with managing flood risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no significant resourcing/staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.13    SF2173            290916         Development Applications greater than 12 months or where submissions received - 18 August to 20 September 2016

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer - Development and Environment         

 

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 shows development applications which have been received but not yet determined due to submissions received.  In accordance with Minute 848/08 from the 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

 

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

STATUS:

Applicant has met with Council’s assessing officer – now has until 26 September 2016 to submit information.

 

 

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

 

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

STATUS: Applicant has until 26 September 2016 to submit information

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/142

29 August 2016

Retail Premises

Lots 13 & 14 Section F DP 20823, 7 Adin Street, Scotts Head

Two submissions have been received – both support the proposal

·           One submission mentioned that they would prefer a dark, non-reflective roof to be installed on the development.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/140

24 August 2016

Demolition of existing building & erection of dwelling-house

Lot 110, DP 1014095, 47 Wallace Street, Scotts Head

One submission has been received – it supports the proposal, with conditions

·           A tree in the easement at the rear of the block should be removed due to safety concerns

·           All stormwater needs to be directed to stormwater infrastructure

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/146

2September 2016

Markets

Lot 11 DP 607046, 26 West Street, Scotts Head (Scotts Head Bowling Club Car Park)

One submission has been received – it opposes the proposal

·           Increased noise impacting on nearby residences due to early set up

·           Increased parking in Adin Street will lead to dangerous congestion

·           The Village Green would be a preferable site

·           Markets are already being advertised prior to decision being made by Council

·           How can Council be sure that funds raised are going back to the community?

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/147

5 September 2016

Telecommunications Facility

Lot: 28 DP: 1048659, Vernon Street Scotts Head (Buz Brazel Park)

One submission has been received – it opposes the proposal

·           Too close to the Yarning Circle and other parts of the park where people relax

STATUS: Being assessed

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.14    SF1148            290916         Council Ranger's Report August 2016

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council’s Ranger’s report regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Ranger for August 2016.

 

 

Recommendation:

 

That Council’s Ranger’s report for August 2016 be received and noted by Council.

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

3

Abandoned or Stray

0

10

Surrendered

0

3

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

0

16

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

1

Sold

0

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

2

Total Euthanased

0

5

Total Outgoing Animals

0

7

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

0

9

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 


 

 

August 2016

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

PUD-009

3120797930

No angle park as on parking control sign

106.00

18/08/2016

BU-05-EL

3120797940

Not park in direction of travel

177.00

18/08/2016

GMRAMS

3120797959

No angle park as on parking control sign

106.00

18/08/2016

BQ-31-UY

3120797968

Bus Zone

248.00

18/08/2016

AC-0448

3120797977

Taxi Zone

177.00

18/08/2016

BN-08-NG

3120797986

Bus Zone

248.00

18/08/2016

XXH-962

3120797995

No angle park as on parking control sign

106.00

18/08/2016

DAE-91G

3120916004

No angle park as on parking control sign

106.00

18/08/2016

VEL-747

3120916013

No Stopping

248.00

18/08/2016

434-VNU

3120916022

Not park in direction of travel

177.00

18/08/2016

CF-66-DT

3120916031

No angle park as on parking control sign

108.00

18/08/2016

CA-81-PN

3120916040

No angle park as on parking control sign

108.00

18/08/2016

AQR-83N

3120916050

No Parking

106.00

18/08/2016

BAY-12F

3120916069

Loading Zone

180.00

18/08/2016

YBT-242

3120916078

No angle park as on parking control sign

108.00

18/08/2016

BG-22-ZW

3120916087

No angle park as on parking control sign

108.00

18/08/2016

CG-04-EW

3120916096

No angle park as on parking control sign

108.00

18/08/2016

CDC-11G

3120916105

No angle park as on parking control sign

108.00

18/08/2016

AFP-09F

3120916114

Not park in direction of travel

177.00

18/08/2016

GJ-211

3120916123

No angle park as on parking control sign

108.00

18/08/2016

AET-31H

3120916132

Not park in direction of travel

177.00

18/08/2016

BN-83-KN

3120916141

No angle park as on parking control sign

108.00

18/08/2016

CVE-55U

3120916150

No angle park as on parking control sign

108.00

18/08/2016

CHE-25P

3120916160

No angle park as on parking control sign

108.00

18/08/2016

BKC-44W

3120916179

No angle park as on parking control sign

108.00

18/08/2016

IS-212

3120916188

Loading Zone

180.00

18/08/2016

CG-71-DS

3120916197

Bus Zone

253.00

18/08/2016

BMK-92K

3120916206

No angle park as on parking control sign

108.00

18/08/2016

AGD-10A

3120916215

No angle park as on parking control sign

108.00

18/08/2016

 


 

August 2016 (cont.)

PARKING

ASM-04W

3120916224

No angle park as on parking control sign

108.00

18/08/2016

CE-75-PP

3120916233

No angle park as on parking control sign

108.00

18/08/2016

CD-56-ZG

3120916242

No angle park as on parking control sign

108.00

18/08/2016

BS-28-YN

3120916251

No angle park as on parking control sign

108.00

18/08/2016

CC-95-XH

3120916260

No angle park as on parking control sign

108.00

18/08/2016

1CFH-551

3120916270

No angle park as on parking control sign

108.00

18/08/2016

CTZ-91U

3120916289

No angle park as on parking control sign

108.00

18/08/2016

103-KWE

3120916298

No angle park as on parking control sign

108.00

18/08/2016

KS-0908

3120916307

No angle park as on parking control sign

108.00

18/08/2016

CI-98-PL

3120916316

Loading Zone

180.00

18/08/2016

YEH-480

3120916325

Not park in direction of travel

177.00

18/08/2016

UGM-895

3120916334

No Stopping

253.00

18/08/2016

AWQ-31Q

3120916343

Not park in direction of travel

177.00

18/08/2016

NVF-005

3120916352

Loading Zone

180.00

18/08/2016

BX-30-LS

3120916361

Not park in direction of travel

177.00

18/08/2016

BHP-19L

3120916370

No Parking

106.00

18/08/2016

CXK-48Y

3120916380

Not park in direction of travel

177.00

18/08/2016

APP-87R

3120916399

Taxi Zone

177.00

18/08/2016

CHT-66F

3120916370

Not park in direction of travel

177.00

18/08/2016

507-VDX

3120916417

Not park in direction of travel

177.00

18/08/2016

AH-52-PB

3120916426

Not park in direction of travel

177.00

18/08/2016

BJ-49-XC

3120916435

Not park in direction of travel

177.00

18/08/2016

AXL-28V

3120916444

Loading Zone

180.00

18/08/2016

AYZ-07Y

3120916453

No Parking

106.00

18/08/2016

BR-54-YE

3120916462

Stop heavy vehicle for longer than 1 hr

106.00

18/08/2016

BZZ-60Y

3120916471

Not parking wholly in bay

106.00

18/08/2016

122-MZH

3120916480

No angle park as on parking control sign

108.00

18/08/2016

 

TOTAL:

8066.00

 

 

 

August 2016

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.15    SF2025            290916         Joint Organisations - Getting the boundaries right

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

An Office of Local Government consultation paper contains suggested boundaries for all Joint Organisations, including a North Coast Joint Organisation comprising Port Macquarie-Hastings Council, Kempsey Shire Council, Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council, and Clarence Valley Council.  The discussion paper says that the proposed boundaries are, “designed to be a basis for further discussion and consultation”.

 

There is nothing in the consultation paper which affects a resolution of Council on 30 June 2016 which was based on membership of a North Coast Joint Organisation whose boundaries represent a distinct community of interest based around Coffs Harbour as a strong regional centre.

 

The only additional consideration arises out of a possible push to form a single North Coast Joint Organisation comprised of the proposed North Coast and Northern Rivers Joint Organisations.

 

 

Recommendation:

 

1        There be a further report to Council’s meeting on 13 October 2016 concerning a submission in response to the discussion paper by the Office of Local Government – “Getting the Boundaries Right”.

 

2        Councillors provide any feedback to the General Manager on their views so they may be included as considerations and options for the report to the meeting on 13 October 2016.

 

 

OPTIONS:

 

Council has the option of whether or not it makes a submission.

 

Whilst a number of reports to Council have expressed a range of concerns about the formation and operation of Joint Organisations, the approach taken has been to engage in the consultation based on the fact that the Joint Organisations will be legislated regardless of this Council’s views.

 

Council could opt not to make a submission in response to the latest consultation from the OLG and await the outcome of the investigation by the AEC consulting group.

 

 

DISCUSSION:

 

The Council received the attached consultation paper from the Office of Local Government on 16 September.  An accompanying email advises that Councils, Regional Organisations of Councils and Pilot Joint Organisations are invited to make submissions by the closing date of 5pm on Thursday 27 October by email to jointorganisations@olg.nsw.gov.au.  Submissions may also be posted to Joint Organisations, Office of Local Government, Locked Bag 3015 Nowra NSW 2541.

 

For the benefit of new Councillors it should be noted that the NSW Government has decreed that all Councils in NSW will belong to a Joint Organisation whose three core functions will be:

 

·           Regional strategic planning and priority setting

·           Intergovernmental collaboration

·           Regional leadership and advocacy

 

Other decisions which have been made by the State Government are that the Joint Organisation Board will comprise one representative from each Council, each with one vote and that the Joint Organisations will be required to employ an Executive Officer, with the equivalent capabilities and at an equivalent level to a General Manager.

 

The Council has already made a number of submissions in relation to the proposed formation of Joint Organisations, with the most recent decision from Council’s meeting on 30 June 2016 being attached.

 

It will be noted that the consultation paper contains suggested boundaries for all Joint Organisations, including a North Coast Joint Organisation comprising Port Macquarie-Hastings Council, Kempsey Shire Council, Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council, and Clarence Valley Council.  The discussion paper says that the proposed boundaries are, “designed to be a basis for further discussion and consultation”.

 

The new Council should be aware that the proposed boundary for the North Coast Joint Organisation differs from that originally proposed by the Independent Local Government Review Panel.  That Panel proposed a North Coast Joint Organisation comprising Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.

 

There was to be a Mid North Coast Council comprising Great Lakes, Gloucester, Greater Taree, Port Macquarie-Hastings and Kempsey Councils.  However Great Lakes Council at their request was permitted to join with the Hunter pilot Joint Organisation and with the subsequent amalgamation of Great Lakes, Gloucester and Greater Taree Councils to form the Mid-Coast Council, it would seem that the State Government is sanctioning their continuation with the proposed Hunter JO.  This has left Port Macquarie-Hastings and Kempsey Councils with less capacity to form their own JO and hence the suggested new JO boundary effectively stretching from the Camden Haven in the south to Iluka in the north.

 

At a recent meeting of Mid North Coast Regional Organisation of Councils (MIDROC) General Managers, it was decided (not unanimously) to prepare a submission to investigate the inclusion of the proposed Northern Rivers Joint Organisation with the North Coast Joint Organisation to form a single coastal joint organisation stretching from the Camden Haven in the south, north to the Queensland border.  The AEC consulting group has now been engaged to undertake this investigation.

 

It will be apparent from these decisions that the process of forming joint organisations has been flawed to the extent that local parochial interests are affecting the initial recommendations of the Independent Local Government Review Panel.  The Panel carefully considered its recommended JO boundaries based on the following factors:

 

·           Manageable geographic area and suitable scale for strategic planning

·           Regional or sub-regional communities of interest reflected in current arrangements, including existing ROCs and County Councils

·           Alignment as far as possible with key State and federal agencies for strategic planning purposes

·           Strong socio-economic links identified through the Panel’s “cluster factor” analysis

·           Viability of a regional alliance of water utilities (at least 10,000 connections)

·           A regional centre with existing or potential strategic capacity to anchor the Joint Organisation and to assist smaller member councils where required.

 

The possible inclusion of Port Macquarie-Hastings and Kempsey in the North Coast Joint Organisation was anticipated by the previous Council, with Council’s resolution on 30 June 2016 providing as follows:

 

1        That Council make a submission to the Office of Local Government (OLG) regarding the Joint Organisation (JO) Model. 

 

·   That the submission be limited to recommending the boundaries of the JO in which Nambucca Shire will be included.

 

·   That the recommendation be that Nambucca Shire is comfortable with membership of the North Coast JO and feels that those boundaries represent a distinct community of interested based around Coffs Harbour as a strong regional centre. 

 

·   However as it is now evident the JO will take on many of the functions of the current Regional Organisation and that the cost of being part of a JO will far exceed the cost of participating in MIDROC; Council would be agreeable to the alternative of being part of a larger JO, comprising the combination of the North Coast and Mid North Coast JO’s. 

 

·   This approximates the membership of MIDROC, an organisation that has functioned successfully for a long time.  Such a membership would include more than one regional centre and more than one corresponding community of interest, Council does not consider this to be a significant hurdle and argues that the topography, demographics and regional issues are more alike than they are different and the combined Joint Organisation would be well placed to deliver the proposed core functions.

 

2        That Council support initially limiting the new JO to the core functions as prescribed by the NSW Government and structuring the new entity so it can effectively deliver these core functions at the minimum cost.

 

There is nothing in the consultation paper which affects the resolution of 30 June 2016.

 

The only additional consideration arises out of a possible push to form a single North Coast Joint Organisation comprised of the proposed North Coast and Northern Rivers Joint Organisations.  Whilst this possibility is to be the subject of a detailed investigation by the AEC consulting group, prima facie it is difficult to see such a large JO satisfying the criterion that it be able to demonstrate clear community of interest between member councils and regions.  The other obvious concern is that it would be so large as to create diseconomies in management with travel distances and the involvement of an increased number of councils substantially increasing administration costs.

 

As the deadline for submissions is 27 October 2016, Council can defer making a decision to its meeting on 13 October 2016.  However it is unlikely that the paper by the AEC consulting group will be completed by this date.  In the absence of any new considerations which might come out of the AEC investigation the following recommendation is foreshadowed:

 

That Nambucca Shire Council express its preferences for the boundaries of the proposed North Coast Joint Organisation as being:

 

Most Preferred – as initially recommended and proposed being Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.

 

Less Preferred – as currently proposed being Port Macquarie-Hastings Council, Kempsey Shire Council, Nambucca Shire Council, Bellingen Shire Council, Coffs Harbour City Council and Clarence Valley Council.

 

Least Preferred – an amalgamation of the proposed North Coast Joint Organisation and Northern Rivers Joint Organisation into a single Joint Organisation

 

CONSULTATION:

 

There has been discussion amongst the General Managers’ of the Mid North Coast Regional Organisation of Councils.  The matter has been discussed with the Mayor and Assistant General Manager Corporate Services.

 

The Council has received the attached media release from the Member for Oxley which supports the creation of the Joint Organisations.  According to the media release Joint Organisations are a major part of the NSW Government’s plan to strengthen local government and revitalise regional NSW by giving all councils and communities a stronger voice.  The media release also refers to the proposed Joint Organisations improving the delivery of important services that regional communities need, such as roads and bridges.  That JO’s will improve the delivery of roads and bridges is welcome news.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The boundaries of the Joint Organisation, whatever they may be, are unlikely to have any social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are significant risks in the formation of Joint Organisations, including the duplication of effort and resources and the consequent waste of ratepayers’ funds in establishing what is effectively a fourth tier of government.  These risks have been previously reported and discussed and have been the subject of previous submissions to the Office of Local Government.

 

Other risks in the establishment of the Joint Organisations are that the Government may use them as an opportunity to follow through with previous Inquiry recommendations (Armstrong/Gellatly) to amalgamate local water utilities.  As water and sewerage operations comprise about one third of the Council activity, such action would substantially weaken the capacity of Nambucca Shire Council and its financial sustainability to remain as a separate local government entity.

 

Of course the other discussion point has been that the Joint Organisations may be a platform for a further round of Council amalgamations at some future time.

 

Whatever the reasons (stated or otherwise) for the establishment of Joint Organisations, the NSW Government has decided they will proceed.  As such this Council’s approach has been to engage with the State Government in good faith so as to ensure the Joint Organisations have the best chance of succeeding in undertaking their core functions and value adding to the existing system of government.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the budgetary impact is unknown.

 

Source of fund and any variance to working funds

 

There is unlikely to be any impact on working funds as the required funding for the operation of the Joint Organisations will be incorporated in a subsequent operational plan (budget) with grant funding being provided to allow the organisation to commence in the interim.

 

Service level changes and resourcing/staff implications

 

At this stage the implications for resourcing and staff are unknown.

 

Attachments:

1

22762/2016 - MINUTE Joint Organisations - 30/06/2016

 

2

32200/2016 - Joint Organisations - Getting the boundaries right - media release

 

  


Ordinary Council Meeting - 29 September 2016

Joint Organisations - Getting the boundaries right

 

 

For Action

Council

30/06/2016

TO: General Manager (Michael Coulter)

 

                                                                                                                                                                

 

Subject:

Joint Organisations - Operational Arrangements

Target Date:

30/06/2016

Notes:

 

Trim Reference

SF2025 (20897/2016)

                                                                                                                                                                    

283/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council make a submission to the Office of Local Government (OLG) regarding the Joint Organisation (JO) Model. 

 

·   That the submission be limited to recommending the boundaries of the JO in which Nambucca Shire will be included.

 

·   That the recommendation be that Nambucca Shire is comfortable with membership of the North Coast JO and feels that those boundaries represent a distinct community of interested based around Coffs Harbour as a strong regional centre. 

 

·   However as it is now evident the JO will take on many of the functions of the current Regional Organisation and that the cost of being part of a JO will far exceed the cost of participating in MIDROC; Council would be agreeable to the alternative of being part of a larger JO, comprising the combination of the North Coast and Mid North Coast JO’s. 

 

·   This approximates the membership of MIDROC, an organisation that has functioned successfully for a long time.  Such a membership would include more than one regional centre and more than one corresponding community of interest, Council does not consider this to be a significant hurdle and argues that the topography, demographics and regional issues are more alike than they are different and the combined Joint Organisation would be well placed to deliver the proposed core functions.

 

2        That Council support initially limiting the new JO to the core functions as prescribed by the NSW Government and structuring the new entity so it can effectively deliver these core functions at the minimum cost.

 

 

 Open Item in Minutes                                                                                                                                

 

This action sheet has been automatically produced by the Minute Secretary using InfoCouncil, the agenda and minutes database.
Please forward updated action sheet to the Governance Unit (by email or hard copy post) once completed.

 

 

 

 

 

 

 


ACTION TAKEN BY OFFICER

 

ONGOING / COMPLETED

Completion date: ____________

(Please update once item is actually completed)

 


Ordinary Council Meeting - 29 September 2016

Joint Organisations - Getting the boundaries right

 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.16    SF1067            290916         Asylum Seekers - Safe Haven Enterprise Visa Scheme

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is short.  A summary is not required.

 

 

Recommendation:

 

1.       That Nambucca Shire Council request the Mid North Coast Regional Organisation of Councils (MIDROC) or in their place, the proposed North Coast Joint Organisation, to consider a regional response to the opportunity to participate in the Safe Haven Enterprise Visa Scheme.

 

2.       In any deliberations by MIDROC or the North Coast Joint Organisation, that Nambucca Shire Council indicate its willingness to accept “genuine” refugees under the Safe Haven Enterprise Visa Scheme proportionate to any agreement by the region to participate in the Scheme.

 

3.       That Multicultural NSW be advised of Council’s actions.

 

 

OPTIONS:

 

There are many potential options.

 

The Council could simply respond to the request in the affirmative or the negative.

 

DISCUSSION:

 

The Mayor has received the attached letter from the Hon Catherine Cusack MLC, Parliamentary Secretary to the Premier and Cr Keith Rhoades AFSM, President Local Government NSW.  The letter was received on 14 September 2016.

 

The letter advises that NSW was the first state to sign up to the Safe Haven Enterprise Visa (SHEV) scheme, which will give asylum seekers an alternative to the Temporary Protection Visa, with a five year option to live, study and work in regional NSW.  The visas will be available to those assessed to be “genuine” refugees by the Commonwealth Government and who indicate they are prepared to work or study in NSW.  Sydney, Newcastle, Wollongong and the Central Coast areas are excluded from this scheme.

 

The letter seeks the Mayor’s views on our community’s willingness to welcome new arrivals and the support and opportunities the community may be able to offer refugees.  In addition, the NSW Government is interested in the Mayor’s views about the best ways to work together with local government to ensure successful resettlement outcomes.

 

The letter encourages the Mayor to seek the community’s views and interests on the issue and provides a deadline of 14 October 2016 to express interest in hosting SHEV holders in the area.  This is an optimistic deadline given opportunities for consultation and the fact that the outcome of the Council’s election was not determined until 17 September with the first Council meeting not scheduled until 29 September.

 

It is likely that most communities would wish to assist with the resettlement of “genuine” refugees.  As the Citizenship ceremonies presided over by the Mayor states, “Australia’s own heritage is made richer by way of contributions from many lands”.  Notwithstanding, the capacities of rural communities to provide such support varies considerably.  This capacity relates to the available work, education, health care and housing.

 

The Nambucca Valley has a generosity of spirit but is also a rural area of relatively high disadvantage (by NSW standards).

 

According to the Australia Bureau of Statistics (2011) the Nambucca Valley has a socio-economic index for area (SEIFA) ranking (IRSD) of 9.  At the time this ranking was based on 153 councils with the least disadvantaged being Kur-ring-gai at 153 and the most disadvantaged being Brewarrina at no. 1.  By way of comparison on the mid-north coast the Clarence Valley has a ranking of 13, Coffs Harbour a ranking of 70, Bellingen a ranking of 55, Kempsey a ranking of 4 and Port Macquarie a ranking of 75.  There are other regional centres with higher than average rankings including Albury (87), Armidale (103), Ballina (99), Bathurst (104), Byron (98), Dubbo (83) and Wagga Wagga (108).

 

Our community may query a willingness from this Council to support refugees if there is not an equitable commitment from regional centres which have greater capacity to provide assistance.  There is also the consideration that the support services required for “genuine” refugees will likely extend outside the boundaries of this local government area.  For example for work, health care and education there may well be implications for the residents of the local government areas to our north and south.

 

To this end it is considered that any response to the Hon Catherine Cusack MLC and Cr Keith Rhoades AFSM should come from a regional or sub-regional level.  For example the question readily resides within the three core functions of the proposed Joint Organisations being:

 

·      Regional strategic planning and priority setting

·      Intergovernmental collaboration

·      Regional leadership and advocacy

 

Accordingly it is recommended that Nambucca Shire Council ask the Mid North Coast Regional Organisation of Councils (MIDROC) or in their place, the proposed North Coast Joint Organisation, to consider a regional response to the opportunity to participate in the Safe Haven Enterprise Visa Scheme.

 

Assuming a generosity of spirit in our community it is further proposed that Nambucca Shire Council indicate its willingness to accept “genuine” refugees under the Safe Haven Enterprise Visa Scheme proportionate to any agreement by the region to participate in the Scheme.

 

Multicultural NSW should be advised of this action, including Council’s willingness to participate in a regional response.

 

CONSULTATION:

 

The matter has been discussed with the Mayor.  Notwithstanding the letter being addressed to the Mayor, it was agreed in discussion with the Mayor that the matter is more properly one for the Council to deliberate on.

 

The letter suggests that the Mayor undertake a consultation program to elicit community opinion before 14 October 2016.  Reporting on the matter to a Council meeting means that it may attract some media attention, and hence community awareness.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There have been many studies of the relationship between population growth and environmental sustainability.  The letter provides no indication of the potential number of “genuine” refugees who might participate in the SHEV scheme.  It is expected that a regional response might seek this information.  However the social and economic capacity of the Nambucca Valley is likely to be the limiting factor before consideration of the question of population growth and environmental sustainability.

 


 

Social

 

Depending upon the numbers and needs of the “genuine” refugees there will be social considerations, particularly in relation to the availability of services provided by government and non-government organisations.  There may be some resentment from existing residents having to share already stretched and substandard services (by NSW standards).  Again the significance of this issue is likely to be a function of the number of “genuine” refugees.

 

Economic

 

The Nambucca Valley generally has an unemployment rate in the vicinity of 10% compared to the current national average of 5.6%.  There are some horticultural and meat processing industries in the region which might benefit from new and willing labour.  Of course balanced against this is concern from existing residents that job opportunities might be lost to the new arrivals.  Again there have been many studies of the relationship between migration and economic growth and it is not proposed to cover these in this report.  In general terms it is understood that the most favourable economic outcomes are obtained from literate and skilled migrants.

 

Risk

 

The risks are discussed in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact on Council.  The attached letter provides no indication of any funding which might be made available to Councils who are interested in hosting SHEV holders.  It is assumed that no additional funding would be made available, however this could be taken up in a regional response.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no service level or resourcing implications for Council.

 

Attachments:

1

31708/2016 - Mayor - Safe Haven Enterprise Visa Scheme

 

  


Ordinary Council Meeting - 29 September 2016

Asylum Seekers - Safe Haven Enterprise Visa Scheme

 


 


 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.17    SF2173            290916         2016 August - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”

 

Below is a list of Development Applications and Complying Development Applications received in August 2016 as at 15 September 2016.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in August 2016 be received for information.

 

Attachments:

1

31951/2016 - 2016 August - Development Applications and Complying Development Applications

 

  


Ordinary Council Meeting - 29 September 2016

2016 August - Development and Complying Development Applications Received

 


 


Ordinary Council Meeting                                                                                           29 September 2016

General Manager's Report

ITEM 9.18    SF2173            290916         2016 August - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

 Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of August 2016 as at 15 September 2016.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for August 2016 be noted and received for information by Council.

 

 

Attachments:

1

31952/2016 - 2016 August - Construction Certificates and Complying Developments

 

  


Ordinary Council Meeting - 29 September 2016

2016 August - Approved Construction and Complying Development Certificates

 


 


 


 

 


Ordinary Council Meeting                                                                                           29 September 2016

Assistant General Manager Corporate Services Report

ITEM 10.1    SF770              290916         Review of the Local Government Rating System - Draft Submission

 

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

 

Summary:

 

IPART has released a Draft Review of the Local Government Rating System for comment.  Nambucca Shire made a submission on the Issues Paper released prior to the drafting of the report.  Most of Nambucca’s concerns have been addressed.  It is recommended that Council make a submission on the Draft Review supporting the changes that address these issues and suggesting alternatives for those recommendations that would adversary affect the Shire.

 

 

Recommendation:

 

That Council make a submission to IPART on the draft review of the Local Government Rating System.

 

 

OPTIONS:

 

Council can choose not to make a submission

 

 

DISCUSSION:

 

The draft report can be found at http://www.ipart.nsw.gov.au.  The fact sheet is attached for reference.

 

Nambucca made a submission on the Issues Paper released prior to the drafting of the report, it is attached for reference.

 

Most of the issues raised in the submission have been addressed with the notable exception of the State paying some type of rates on Crown Land and Forestry.

 

It is recommended that Council make a submission based on the key assertions listed below.

 

Council is disappointed in the recommendation that rate pegging will remain. Council supports the Advisory Panels option that rate pegging be replaced with rate benchmarking and argues that councils should be free to work with their communities to set rates that enable the delivery of services the communities are prepared to pay for.  It is noted the draft report suggests that rating categories can be used to adjust service levels to relect communities wiliness to pay, however while revenue is capped it would appear that the only way levels of service can be adjusted is down.

 

As a second option Council supports the Panel’s option of introducing earned autonomy, where councils that can demonstrate consistent high performance earn complete exemption from rate pegging; or as an alternate, partial relief from rate pegging.  The “Fit for the Future” reforms discussed a simplified Special Rate Variation process for “Fit” Councils.

 

The absence of a recommendation to simplify the Special Rate Variation (SVR) process is disappointing and seems inconsistent with the commentary accompanying the “Fit for the Future” Program.

 

Council welcomes the changes to rate exemptions so eligibility is based on land use rather ownership.  In particular if this means Public Benevolent Institutions will be liable for rates on community housing.

 

Council welcomes the move to Capital Improve Value (CIV) method.

 

As a rural Council with very modest growth the advantage will be small but fundamentally worthwhile.  Nambucca Shire Council sees the advantages as:

 

·      A fairer system. CIV more accurately reflects ability to pay.

·      Assisting with high density developments that are not units - Mobile home parks and caravan parks; although this is not as powerful as being able to rate residents of Mobile Home Parks separately.

·      Assists with multi occupancy dwellings, this is a minor advantage to Nambucca going close to no advantage without an increase in the allowable total rate income to reflect the change.

·      A small advantage in growth of rate revenue from new developments; this is because population growth in the Nambucca has been averaging about 1% a year.  The difference in additional income will be marginal but still welcome.

 

Nambucca Shire Council has the following concerns:

 

·      That offering a choice between CIV and Unimproved Land Value (ULV) will make the system unnecessarily complex and difficult to understand and expensive to administer.  Nambucca Shire Council submits that a transition to the exclusive use of CIV would be preferable and have very limited drawbacks.  This aligns with accepted taxation principle - make it as simple as possible.

·      Nambucca Shire Council is also concern that that acquiring CIV values may prove more expensive than the cost of ULV values.  The reforms become self-defeating if any modest increase in revenue is outstripped by increased costs.  Being able to choose between the between the market and NSW Valuer General is of little help if they both charge substantially more than Council have previously paid for ULV’s.

 

Council welcomes the abolition of a minim rate and agrees that it is unnecessary where the use of base rate is available.

 

Council welcomes the option to create new categories however as previously mentioned it will difficult to use the principle to adjust service levels to willingness to pay.  Council is of the opinion that there would have to be a significant self-evident advantage in creating additional categories based on a general principle that less complexity in the rating system, the better it is understood and  less it costs to administer.

 

Council welcomes any initiative that removes the obligation for Local Government to contribute to pensioner discounts on rates.  Council acknowledges the virtue of pensioners receiving a discount on a social equity basis but believes that Local Government is least able of all tiers of government to fund the concession.  The subsidy contributed by Council’s is currently lost revenue - no one pays more to make up the pensioners paying less.  Nambucca has one of the highest proportion of assessments that are eligible for pensioner discount in the State.  In 2015-16 year the total discount forgone equated to over 4% of the rate revenue.

 

A new type of special rate to fund joint infrastructure projects with the State or federal government is welcomed.  The concept appears a sensible approach to fund essential infrastructure.

 

 

CONSULTATION:

Nambucca Shire’s submission to the Issues Paper - Local Government Rating System was endorsed by the elected Council.  The General Manager, Manager of Finance and Rates Officer were also consulted.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The review includes a proposal to permit an Environmental Rate Category.

 

Social

The Review proposes changes to the Pensioner Discount on Rates.  The proposed changes in rating methodology would better equip Councils to address social equity issues.

 

 

Economic

Changing the distribution of the rating burden has economic impacts.

 

Risk

The review would not appear to substantially alter the risk profile of Council.

 

 

FINANCIAL IMPLICATIONS:

Financial implications all relate to future net rate revenue

 

 

Attachments:

1

14595/2016 - Nambucca Shire Submission to Review of the Local Government Rating System

 

2

28821/2016 - fact sheet - review of local government rating system - 22 august 2016

 

  


Ordinary Council Meeting - 29 September 2016

Review of the Local Government Rating System - Draft Submission

 


 


 


 


Ordinary Council Meeting - 29 September 2016

Review of the Local Government Rating System - Draft Submission

 


Ordinary Council Meeting                                                                                           29 September 2016

Assistant General Manager Corporate Services Report

ITEM 10.2    SF2230            290916         Investment Report To 31 July 2016

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2016 to 30 June 2017 is $975,558.

 

The budget allocation for the financial year “2016/17” was $876,100.

 

Council currently has $30.611 Million invested:

 

·      $   6.001     Million with Managed Funds,

·      $   1.124     Million with On Call Accounts

·      $ 20.486      Million on Term Deposits

·      $   3.000     Million with Floating Rate Notes

 

This report details all the investments placed during July and Council funds invested as at 31 August 2016.

 

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

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 August 2016 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

DISCUSSION:

 

This report details all the investments placed during August 2016 and Council funds invested as at August 2016.

 

CONSULTATION:

 

Grove Research and Advisory

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2016/2017 based on current performance.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2016/2017 will be completed with the September 2016 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2016 Budget Review, Variances will be distributed between the Water, Sewerage and General Funds for the financial year each quarter.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           29 September 2016

Corporate Services

ITEM 10.3    SF1120            290916         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That Council receive the list of grant applications to 9 September 2016, and the list of current grant funding available from Council’s new Grants Calendar.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

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

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

Two year program paying Ritchie Donovan’s contract for continuation of program

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

Office of Environment and Heritage – Local Government Heritage Program - Advisor

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Transport for NSW – Community Transport

 

$12,000

In-kind only

Young people’s awareness raising/skills sessions using public transport

Office of Local Government Responsible Pet Ownership Grant

Closed September 2015

$15,000

$15,000

Desexing, vaccination and microchipping of companion animals – Round 2

CURRENTLY finishing up Round 2 program

Office of Environment and Heritage Estuary Management

$43,500

$43,500 (EL)

Nambucca River – Bank stabilisation and restoration

Office of Environment and Heritage Coastal Management

$82,150

$32,150 (EL) $50,000 (Local Land Services)

Nambucca EcoHealth Monitoring Programme

Office of Environment and Heritage Coastal Management

$85,000

$50,000 (EL) $25,000 (NSW Coastal Holiday Parks Trust) $10,000 (Local Land Services)

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

$10,000

$10,000 (EL) $10,000 (Local Land Services)

Valla Crown Reserve (Valla Beach) Endangered Ecological Community Restoration – Weed Management & Revegetation

Department of Infrastructure and Regional Development

Stronger Communities Programme

Closed 9 October 2015

$8,450

 

 

 

$2669 (Cash -Council)

$500 (in kind Council)

$1863 (in kind CoM)

 

 

 

Argents Hill Hall Amenities Upgrade

 

 

$5268

$5268 (Cash – CoM)

Nambucca Valley Community Arts Centre Solar Panels – PROJECT COMPLETED

 

$15,000

$12850 (Cash CoM)

$1500 (in kind CoM)

$1500 (in kind Lions)

Valla Beach Sun Shade

PROJECT COMPLETED

 

$10,019

$3819 (cash CoM)

$1200 (in kind CoM)

 

Utungun Hall Outdoor Space on the Green

PROJECT COMPLETED

Community Building Partnership Programme – Dept of Family & Community Services

 

$13,695

$13,695 (cash CoM)

 

Sun shade at Anderson Park Valla Beach Community Association

IN PROGRESS

Fish Habitat Grant (Large)

 

$40,000

$44,450 (in-kind and EL)

Restoring Fish Habitat on the Nambucca River – Congarinni North Stage 2

Department of Social Services Volunteers Grants

 

Various

N/A

Under NSC

Argents Hill Hall CoM ($2035)

Nambucca District Band ($4669)

Utungun Entertainers ($4168)

Donnelly Welsh Playing Fields CoM ($5000)

Talarm Hall CoM ($2478)

Macksville Park & Sports CoM ($3418)

 

Walking Communities (Regional) Partnership Fund – RMS

$10,000

 

$10,000

T/08312 – Riverside Drive Pedestrian Refuge, Nambucca Heads

EPA – Derelict UPSS CRR Program

Variation - $100,000 returned to EPA as 2 Bowraville sites identified as infrastructure on private property

$200,000

 

N/A

Remediation of 3 Sites being:

4-6 Princess Street, Macksville - $75,000;

60 High Street, Bowraville - $75,000;

56 High Street, Bowraville - $50,000;

EPA – Derelict UPSS CRR Program

Investigation conducted – August 2016 – final report being prepared – not all funds spent so money to be returned also

 

$40,000

 

N/A

Investigation of 3 Sites being:

4-6 Princess Street, Macksville - $15,000;

60 High Street, Bowraville - $15,000;

56 High Street, Bowraville - $10,000;

 

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Public Reserves Management Fund Program

Closed 8 April 2016

$14,630

NSC - $0

CoM – in kind $2653

 

Construction of a stage on Unkya Reserve – PRMFP#900770

Office of Environment & Heritage - 2016-2017 Local Government Heritage Places Grant

$7,500

NSC - $7,500

Local Government Heritage Places Grants

 

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$3,000,000

$3,800,000

Infrastructure – roads, water & sewerage to Valla industrial area

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$500,000

$500,000

Upgrade Macksville CBD – Stage 1 – Dawkins Park

NSW Community Safety Fund Grant – NSW Dept of Justice

Closed 22 January 2016

$24,000

$2,000 (cash NSC)

EJ Biffin Fields Nambucca Heads – fencing to secure clubhouse and amenities building

FRRR Innovation for Community Impact (I4CI) grants

Closed 8 April 2016

$50,000

$24,750 (NSC – Environmental Levy)

$12,400 (NSC site works)

$6,200 (NSC Admin & Project Management)

Bowraville FAYCE – (Family and Youth Community Engagement) project

Pedestrian Safety Infrastructure Program around Schools – nominations only

Closed 8 April 2016

 

 

Nambucca Heads Public School

Bowraville Central School

Responsible Pet Ownership Grants Program (Year 3)

Closed 29 April 2016

$15,000

$17,720 (NSC in-kind & cash)

Better for Pets, Better for the Community – Stage 3

Landcare Australia Support Grants 2016

Closed 29 April 2016

$1,000

$160 (CoM)

Unkya Bush Regeneration – Stage 2

(Submitted by Unkya Reserve CoM – see TRIM #14376/2016)

Youth Opportunities Program

Closed 27 June 2016

$50,000

$15,000 (NSC in-kind works & cash)

Nambucca Youth Council CYCLE - Connecting Youth to Community Learning &

Employment

Community Building Partnership Grant funding

Closed 22 July 2016

$8,200

$5,700 (NSC)

$2,500 (CoM)

Taylors Arm Hall CoM – painting the hall

CBP16 - 1258

Community Building Partnership Grant funding

Closed 22 July 2016

$4,519

$4,520 (CoM)

Valla Beach Community Association CoM – upgrade of the community hall

CBP16 - 1035

Community Building Partnership Grant funding

Closed 22 July 2016

$7,750

$7,750 (NSC)

Nambucca Shire Council – Establish Basketball & Handball courts in Macksville Fitness Precinct

CBP16 - 1606

Community Building Partnership Grant funding

Closed 22 July 2016

$26,402

$13,202 (NSC)

$13,201 (CoM)

Scotts Head Tennis Club CoM – Enhance & repair tennis facility including fencing and facilities

CBP16 - 2557

Community Building Partnership Grant funding

Closed 22 July 2016

$8,000

$1217 (CoM)

NVAC & NCAC CoM – Provision of an additional 150 chairs for NCAC building

CBP16 - 0735

Community Building Partnership Grant funding

Closed 22 July 2016

$12,610

$12,610 (NSC)

Nambucca Shire Council – Pool Blanket for 50m pool at Macksville Memorial Aquatic Centre

CBP16 -

Coastal & Estuary Grants Program 2016-2017

Closed 18 August 2016

$207,500

$207,500 (NSC)

Nambucca Shire Council – Stage 2 Nambucca Heads Surf Lifesaving Club Protection

Holden Home Ground Advantage – Winter 2016

Closed 31 August 2016

$38,250

$7,500 (in-kind labour – Coronation Park Trust)

Construction of DA approved BBQ kiosk facility at Coronation Park, Nambucca Heads

2017 NSW Seniors Festivals Grants

Closed 12 September 2016

$1,000

$1675 (NSC)

$5370 (in-kind)

Public Event – Age? Who’s Counting?

2017/2018 Walking & Cycling Programs – RMS – Priority Cycleways

Nominations Closed 9 September 2016

$2,185,694

$0

Cycleway – 4.25km – Florence Wilmont Drive to Nursery Road, North Macksville

2017/2018 Walking & Cycling Programs – RMS – Priority Cycleways

Nominations Closed 9 September 2016

$864,889

$0

Cycleway – 1.81km – Upper Warrell Creek Road to Boundary Street, South Macksville

Flying Foxes Grants Program – Stream 2

Application submitted 15 September 2016 – Program closes 30 April 2017

$15,000

$10,800 (NSC)

$4,375 (In-kind)

Gordon Park Flying Fox Camp – Preparation of Management Plan

 

 

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Public Reserves Management Fund Program

Closed 8 April 2016

$29080

$3500 (cash NSC)

$7000 (cash NHds Rotary Club)

$6000 (in kind labour – NHds Rotary Club)

$12580 (in kind NSC – recycled bridge timbers, project admin, etc)

Rotary Lookout Revitalisation – PRMFP#900509

Public Reserves Management Fund Program

Closed 8 April 2016

$10,590

$24,500 (cash NSC)

 

Protecting and enhancing only known site of recognised Threatened Species - Glycine Clandestina Broad Leaf Form - Protecting Scented Achronychia population in the Nambucca Heads area and treating high priority Noxious Weeds in other Crown Reserves – PRMFP#900844

Public Reserves Management Fund Program

Closed 8 April 2016

$746,353

$315,700 (cash RMS – Boating Now)

$433,418 (cash and in-kind NSC)

Gordon Park Rejuvenation – PRMFP#900330

FRRR – Small Communities Grants – Round 29

Closed 24 March 2016

 

$2322

N/A

Burrapine Hall CoM – Upgrade of Hall kitchen

 

NOTES

 

1.   Assisted Taylors Arm Hall Committee of Management with CBP application for painting hall;

2.   Letter of support to Taylors Arm Hall CoM CBP application;

3.   Prepared and submitted CBP application for Valla Beach Community Association Committee of Management for upgrade of community hall;

4.   Letter of support to Valla Beach Community Association CoM CBP application;

5.   Prepared and submitted CBP application for Scotts Head Tennis Club CoM for upgrade of tennis facility;

6.   Letter of support to Scotts Head Tennis Club CoM CBP application;

7.   Prepared and submitted CBP application for NSC – with Naj Hadzic - for establishment of basketball and handball courts – Macksville Fitness Precinct;

8.   Organised requisitions for payment to all Council’s Section 356 donatees 2016/2017, and all Nambucca Valley Schools;

9.   Liaised with and assisted in the preparation of CBP grant application for 2NVR for Tewinga Hall, including letter of support and letter advising of responsibilities should grant be successful;

10.  Liaised with and assisted in the preparation of CBP grant application for NCAC building – provision of 150 chairs – including letter of support;

11.  Assisted Nambucca District Band, Nambucca Entertainers, Talarm Hall CoM, Argents Hill Hall CoM and Macksville Park and Sports Fields CoM with orders for goods to be purchased with Volunteers grant funding;

12.  Did an overview of grant funding currently available to Donnelly Welsh Playing Fields CoM, including donation as approved by Council;

13.  Prepared and submitted Holden Home Ground Advantage grant application for Coronation Park Trust CoM;

14.  Prepared Final Report for CLM-2015-CRR-003 – Investigation of UPSS 3 sites – will have to repay some of funding – Tax invoice to be supplied by EPA after acceptance of Final report;

15.  Organised for repayment of half UPSS grant funding($100,000) – Remediation of 3 sites – CLM-2015-CRR-004, as after investigation, revealed the Bowraville sites infrastructure – tanks – are situated on private property – Tax invoice supplied by EPA.

 

A Grants Calendar has been created and an excerpt outlining current available funding and grant purposes will be attached to the Grants Report each quarter.

 

Attachments:

1

9814/2016 - Grants Calendar excerpt quarterly for Council report

 

  


Ordinary Council Meeting - 29 September 2016

Grant Application Status Report

 


 


 


 


Ordinary Council Meeting                                                                                           29 September 2016

Corporate Services

ITEM 10.4    SF251              290916         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.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Council Induction Briefing

22 September

Council Chambers

4.00 pm

Access Committee Meeting

27 September

Council Chambers

2.00 PM

Ordinary Council Meeting

29 September

Council Chambers

5.30 PM

Ordinary Council Meeting

13 October

Bowraville Theatre

5.30 PM

Access Committee Meeting

25 October

Council Chambers

2.00 PM

Ordinary Council Meeting

27 October

Council Chambers

5.30 PM

Ordinary Council Meeting

10 November

Nambucca Community & Arts Centre, Nambucca Heads

5.30 PM

Access Committee Meeting

22 November

Council Chambers

2.00 PM

Ordinary Council Meeting

24 November

Council Chambers

5.30 PM

Ordinary Council Meeting

15 December

Council Chambers

5.30 PM

 

Note:   Departure times to off-site meetings have been added.

Note:   Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           29 September 2016

Assistant General Manager Corporate Services Report

ITEM 10.5    SF308              290916         Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 1 August 2016 - Minutes

 

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

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting of the Donnelly-Welsh Playing Fields Committee of Management, which was held on 1 August 2016, and the new Committee.  A copy of the minutes and financial statements is attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management of the Donnelly-Welsh Playing Fields Annual General Meeting which was held on 1 August 2016 and that Council thank the outgoing Committee for their work in 2015/2016.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Donnelly-Welsh Playing Fields Committee of Management was held on 1 August 2016.

 

The Committee of Management for 2016/2017 consists of:

 

Chairman                        Terry Baldwin

Secretary                        Tom Mann

Treasurer                         Terry Baldwin

Committee Members       Tim Bekis, Brett Lockhart, Todd Bartlett, Darrell Welsh, Tim Davidson, Dane Luffman, Scott Leece, Amanda Mann

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications


Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

 

 

Attachments:

1

31064/2016 - Minutes of AGM 1 August 2016

 

  


Ordinary Council Meeting - 29 September 2016

Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 1 August 2016 - Minutes

 


 


 

 


Ordinary Council Meeting                                                                                           29 September 2016

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1031            290916         Draft Proposed Pressure Sewerage Policy

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council has awarded a contract for the installation of a pressure sewerage system to service properties in South Nambucca along the existing Pacific highway between Teagues Creek and Florence Wilmont Drive.

 

The sewerage system including the on property pump station units will be owned operated and maintained by Council.  Therefore it is in Council’s interest to have a policy in place that sets out how this pressure sewerage system and any other subsequent pressure sewerage systems will be managed by Council.

 

A draft policy was prepared for Council’s review with a request for comments to be received by 15 August 2016.  Comments have been received and an amended version of the document prepared to address those issues considered to be relevant.  A copy of the amended draft policy is attached for Council’s information.

 

It is recommended that Council place the draft policy on public exhibition.

 

 

Recommendation:

 

1        That Council place the Draft Pressure Sewerage Policy on public exhibition for the required period of 28 days.

 

2        That Council address any reasonable concerns raised by the submissions prior to finalising the document for the endorsement of Council.

 

3        That Council receive a further report at the completion of the exhibition period with a view to endorsing the policy document.

 

4        That Council endorse the Home Owners' Manual  for issue to property owners and residents whose properties will be serviced by a pressure sewerage system

 

4        That Council provide a rebate on the sewerage access charge for properties with pressure sewerage as compensation for the power consumed in operating the onsite pump.

 

5        That Council set the rebate for 2016/17 at $25 and that the pressure sewerage access charge be included in the 2017/18 and future fees and charges.

 

 

OPTIONS:

 

No alternative option is proposed

 

 

DISCUSSION:

 

Comments on the Draft Pressure Sewerage Policy were received from the Mayor and General Manager and the actions proposed to be taken to address them are detailed in the following table.

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

Unnumbered

On the unnumbered first page of the policy the definition of “Accredited Installer” refers to Section 11.4 of the Policy.  There is no Section 11.4

Wording amended to read Section 9.4

Unnumbered

On the third page of the policy under Section 5.0 History, there is a discussion about Oyster Creek and it is noted that the individual pump units remain the responsibility of the property owner to maintain.  However we are moving away from this with the South Nambucca extension.  Should the maintenance arrangements for Oyster Creek be brought into line with what is proposed for South Nambucca and future pressure sewerage systems?

This would appear to be a reasonable course of action to ensure a consistent approach to the management of pressure sewerage systems within the Shire.

 

Council may wish to resolve to take over the operation and management of the on-site pump stations at Oyster Creek when it adopts the policy.

All pages

At the top of each page there are the letters “taTA”.  Not sure why?

Letters removed

2

About half way down the page under 2.1 – “Developers proposing to use pressure sewerage are advised to checking with Council’s …”  Should be check.  Further section 2.1 has multiple subheadings labeled a) and b).  Also noticed other dot points further down.  It would be better to have consistent formatting in whatever is the preferred form.

Wording amended and consistent formatting applied.

2

Third dot point under Section 2.2.  “New subdivisions where there is a significant …”

Wording amended

3

Under Section 2.4 it is stated that Council “may” resolve to offer a rebate on sewerage rates to offset the cost of power consumption.  Given the document is the Council’s policy on the operation of such systems shouldn’t we be more definitive.  We are quite explicit in setting out our expectations of residents so we should be equally explicit in setting out what we will do.

Agreed – It is common practice for Council’s to provide a reduced sewerage access charge for properties on pressure sewerage to compensate for power used to operate the pump.  It is considered that a reduction of $25 from the normal access charge is reasonable. A recommendation has been made to adopt a lower access charge

4

Under Section 2.8 there is reference to Council requiring a positive covenant reinforcing Council’s right of access.  I also note that Council has powers of entry under the Act to undertake repairs (refer page 6).  Given our legislative powers, is the positive covenant required and is it the right tool to provide a right of access?  I would query both.  Positive covenants do cost money to create and would suggest we get some legal advice as to whether or not they are required and/or whether an easement is required.

Powers under the Local government Act are not as strong as they used to be.  The positive covenant is only stipulated for new subdivisions and reinforces Council’s right to access the property and as it is shown on title documents it is a clear notice to property owner that they have a pressure sewerage system that Council may need to access.  Any additional expense is considered to be negligible in this scenario when 88B instruments are being drawn up in any case. There may be issues with an easement if for any reason the pump station needs to be relocated in the future.

No action proposed.

13

Section 8.2 refers to a standard Clarence Valley Council pressure sewerage system.  Is this reference correct?

The reference is not correct although the systems may essentially be the same. This wording will be changed.to Nambucca Shire Council

 

General concern with particular properties being named in terms of potential contamination issues. I think a generalised reference would be more appropriate. 

Agreed – reference to particular properties will be removed and a more generalised wording included.

 

The changes have been incorporated into an amended Draft Pressure Sewerage Policy that is recommended for public exhibition.

 

The contractor engaged to complete the works to design and construct the South Nambucca Sewerage System was also requested to make comment on the policy document.  They have suggested some changes based on their experience with pressure sewerage and these have also been incorporated in the amended document.  These changes were minor in nature and were mainly related to references to codes, better clarifying Council’s requirements and protecting Council’s interests.

 

The policy makes reference to a Home Owners' Manual that is proposed to be provided to all properties to provide a reference detailing what a pressures sewerage system is, what the residents responsibilities are and the actions to take in the event of an emergency situation.  A copy of the Home Owners' Manual is provided for Council endorsement.

 

 

CONSULTATION:

 

General Manager

Mayor and Councillors

Assistant General Manager Engineering Services

Clarence Valley Council

NSW Public Works

Pressure Sewer Services Australia Pty Ltd.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues raised by the introduction of the policy.

 

Social

 

There are no social issues raised by the introduction of the policy.

 

Economic

 

There are no economic issues raised by the introduction of the policy.

 

Risk

 

Council’s risk in managing the operation and maintenance of pressure sewerage systems is reduced by ensuring that a policy is in place to provide clear guidelines on how it will be done.

 

 


 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The policy has no impact on current or future budgets

 

Source of funds and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service. 

 

 

Attachments:

1

22015/2016 - DRAFT Pressure Sewerage Policy

 

2

31984/2016 - DRAFT Pressure Sewer Home Owners Manual - A4

 

  


Ordinary Council Meeting - 29 September 2016

Draft Proposed Pressure Sewerage Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT PRESSURE SEWERAGE 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

 

To provide clear guidelines and instruction on how the installation and operation of pressure sewerage systems will be managed in the Nambucca Shire given that there are significant differences to gravity sewer systems.

 

 

2.0       Related legislation

 

Local Government Act 1993

Environmental Planning and Assessment Act 1979

Water Management Act 2008

Local Government (General) Regulation 2005

 

 

3.0       Definitions

 

Accredited Installer an installer accredited by the Period Supply Contractor for undertaking on-property works in accordance with Section 9.4 of this policy

Actual Pump Head This is the actual static head plus the frictional losses that the pump has to meet in discharging the collection tank’s contents. The final or actual pump head is determined from field measurement, to confirm previous design calculations of the pump head.

Alarm Volume This is the volume that is stored in the on-property collection tank, before the collection tank alarm activities.

As constructed drawings – see work as executed drawings

Backlog area - existing residential areas that do not currently have a centralised (or reticulated) sewerage system

Boundary kit – see Property Boundary Assembly

Collection/Pump unit a collection tank and associated pumping equipment including grinder pump, level switches, pipework and valves

Collection/Pump unit supplier a company that supplies collection/pump units, technology (primarily Grinder pumps) and knowledge and guarantees the performance of the individual items within the collection/pumping unit

Collection Tank that part of a collection/pump unit which collects and stores flows from sanitary drains

Control/Alarm Panel The power and control panel which controls operation of the Grinder pump and which contains audible and visual alarm components. The panel also contains a dedicated circuit breaker for power disconnection.

Council This term should be interpreted to mean Nambucca Shire Council and its successors.

Designer This is the individual responsible for the design of either the pressure sewerage reticulation system or the on-property works (or both).

D&C Design and Construction Tender/ Contract.

Emergency Volume- This is the volume which is stored in the pressure sewerage collection tank from just above the alarm activation level to just before the overflow relief gully begins to discharge.

Flushing Point This is a formal point in the reticulation to which a large supply of water can be connected under pressure to flush out the reticulation pipelines, or alternatively to remove sewage from the reticulation system.

Grinder Pump - a mechanical device designed to pump liquid and in the process reduce the size of solids contained in the sewage

High Level Alarm This is both an audio and visual alarm system activated when the level of the sewage in the on-property pressure sewer collection tank reaches the alarm volume level.

Home Owner’s Manual a manual informing resident of what they can and cannot do in relation to the pressure sewerage system on their property, as well as what to do if their system should fail.

Installer This is the company/ individual responsible for carrying out all of the on-property works. Council will only permit accredited installers to undertake works.

Low Pressure Sewerage Scheme – This is a different name also often used to describe pressure sewerage schemes.

On-property Works These are the total works undertaken on a property, including any excavation, installation, compaction and restoration associated with the Collection/Pump unit, Property discharge line/s, Control/Alarm panel, Property boundary assembly, Pump control/power cable and a one (1) metre stub of gravity sanitary drain extending outside the pressure sewerage collection tank.

Overflow Relief Gully This is a control overflow device to prevent overflows occurring inside the dwellings on the property, by ensuring that as such overflows occur outside of the dwelling. Its arrangements and dimensions are contained in the NSW Plumbing Code.

Construction Contractor This is the company/ individuals responsible for constructing the off property works, such as the reticulation system and the property boundary assemblies. This company/ individuals might also be the Installer.

Period Supply Contract This is a Contract Council enters into for supply of Goods and Services for a set period.

Pressure Sewerage Lateral– This is the continuation of the property discharge line from the property boundary assembly to the reticulation system pipeline and includes any road crossings (where applicable).

Pressure Sewerage Reticulation System the series of pipelines laid in the streets connecting the properties to either a treatment plant or some designated discharge point in an existing sewerage system, and includes the property boundary assemblies.

Pressure Sewerage Systems This is a specialist system wherein all of the property sewage is connected to an on-property pumping station (or series of pumping steps). This dedicated pumping unit incorporates a grinder to reduce solids in the sewage to watery slurry. The pumping station then discharges through small diameter pipelines laid minimum depth.

Council’s pressure main reticulation systems rely on the pressure generated by all the “on property” pumps in the system to move sewage from the pumping unit to the treatment plant or the set discharge point in a gravity reticulation network.

Pressure Zone This is a collection of properties, that are capable of being isolated from upstream and downstream areas during the construction phase and are clearly marked as such on the reticulation drawings. The zones are used to allow one area to become operational whilst the upstream areas are still being constructed.

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