Agenda of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 04 December 2008

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 Aboriginals present.

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 20 November 2008

5 Notices of Motion

5.1 Notice of Motion - Cr Anne Smyth - Request for Leave 22 December 2008 to 12 January 2009

5.2 Notice of Motion - Nambucca River Tourist Park - Request for Bus Service

5.3 Notice of Motion - Section 355 Committees of Management - Improved Communications between Council and Committees

6 DELEGATIONS—Motion to hear Delegations

11.4.. Scotts Head Road - Wildlife Protection Signage

i) Scotts Head Public School

9.4 2007/2008 Financial Statements - 30 June 2008

i) Mr Bob Finch – Forsyths

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

Note: Council will break for dinner between 7.00 pm and to allow the Mayor, interested Councilllors and the General Manger to meet and welcome the Indonesian Minister Abri at the Nambucca Heads Entertainment Centre.

9 General Manager Report

9.1 Outstanding Actions and Reports November 2008

9.2 Grant Application Status Report - December 2008

9.3 Grant Application - Regional and Local Community Infrastructure Program 2008-009

9.4 2007/2008 Financial Statements - 30 June 2008

9.5 Election Funding and Disclosure Act 1981 - Mayors and Councillors Obligation for Reporting

9.6 Macksville Saleyards

9.7 Annual General Meeting - Eungai District Community Centre - Committee of Management

9.8 Annual General Meeting - Talarm Hall Committee of Management

9.9 Annual General Meeting - Taylors Arm Reserve Committee of Management

9.10 Annual General Meeting - Nambucca Valley Netball Association Committee of Management

9.11 Annual General Meeting - Nambucca Senior Citizens Club - 18 November 2008

9.12 Grant Application - Regional and Local Community Infrastructure Program - Strategic Projects 2008-2009

9.13 Report on Nature Conservation Council Conference held in Sydney 12-13 November 2008 - Cr Flack & Cr Smyth

9.14 National Awards for Local Government - Commendation to Nambucca Shire Council for Innovation in Regional Development

10 Director Environment and Planning Report

10.1 Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 25 November 2008

10.2 Report on Access Committee Minutes of 28 October 2008

10.3 Report on Nambucca Shire Council Crime Prevention Plan

10.4 Report on Youth Week 2009 Program

10.5 Joint 49th Annual Floodplain Management Authorities (NSW) & 6th Biennial Victorian Flood Conference - Albury 17-20 February 2009

10.6 Environmental Levy - Review of Income and Expenditure

10.7 Report on Successful Funding Application - Estuary Management Program, Coastal Management Program and Floodplain Management Program

11 Director Engineering Services Report

11.1 Plan of Management - Donnelly Welsh Playing Fields

11.2 Nambucca Heads Sewerage Augmentation Land Acquisition

11.3 Liquid Trade Waste - Grease Arrestors

11.4 Scotts Head Road - Wildlife Protection Signage

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

12.1 Monitoring of General Manager's Performance

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

13 MEETING CLOSED TO THE PUBLIC

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

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.1 SF959 041208 Outstanding Actions and Reports November 2008

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

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.

No	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER	ACTION BY	STATUS
MARCH 2007
1	QWN19	01/03/07	Floodgates Gumma	DES	~~Halted by wet weather.~~ ~~The main floodgate has been installed and has created a freshwater wetland—damaged by storms—probable revote due to weather. Main floodgate repaired. Will require a dry winter to complete.~~ ~~Programmed after riverbank work.~~ Revised to end of Nov 08. main gate operating two side gates on minor drains to be installed.
SEPTEMBER 2007
2	SF428	20/09/07	That Council vigorously pursue the exclusion of the Farmland Mapping from those areas already identified for rural residential development that are already fragmented or removed from primary production. All affected property owners within the quota zoning to be directly notified.	DEP	Department of Planning advised by letter 12/10 that all previous 1(C) zoned land and land not identified as Class 1, 2 or 3 Agricultural Land within the "broken black line" in Council's LEP will be excluded from the farmland mapping project. Six pockets still to be resolved. Which will be finalised after the Draft-Rural Residential Strategy is ratified by Council.

					Draft RRS now on exhibition, with submissions being considered. Met with DoP 20/5 to further discuss Rural Residential & Farmland Mapping. Working towards a resolution. Met with DoP on Tuesday 11/11/08 where agreement has been reached on the exclusion of 4 pockets and part of the other 2 pockets. A map and letter from the DoP should be received by the end of November 2008.
APRIL 2008
5	SF744	17/04/08	Rehabilitation Bonds Mac’scon – that Council again write to the Dept of Water & Energy giving them 30 days to concur with release of 2 bonds	DEP		Letter received from DWE and forwarded to Mac’scon. Met with applicant’s consultant 22/5. Currently working through DWE issues. Follow up letter sent to Mac’scon 30/9/08. Further follow up letter sent 18/11 seeking a response by 12/12/08.
6	SF699	17/4/08	A report be brought forward on assessing the best arrangement for Town Services in subsequent years.	DES		Report December 2008.

MAY 2008
7	QWN 103	15/05/08	Enviro Saver Program – further investigations	DEP	Onsite inspection and assessment for the retrofitting and installation arranged for late August/September 2008. Rescheduled for Oct/Nov. Can only assist with incandescent globe replacement and shower heads. Requires a Council Officer to accompany them to visit all Council buildings. Deferred until Technical Officer Asset commences.
8	QWN 111	15/05/08	Second Hand Shop at Newville—water coming off street into storage shed	DES	~~Design being costed and proposed to~~ revise stormwater program to be included in 2008/09. Works have commenced, K&G outstanding. Letter to owner. Still awaiting K&G contractor. Speed humps installed.
9	QWN 112	15/05/08	Missabotti Rd—spraying of vegetation	DES	~~Revisit in Spring for lantana & other vegetation growth.~~ ~~Programmed for October~~. Specific herbicide required for lantana in February.
10	SF35	15/5/08	That as a 6 month trial, Council amend the GM’s delegations so as to provide authority for functions under Part 4 of the EPA Act except where objections have been received and the application is “called in” by any Councillor.	DEP	Report to Council on 18 December 2008.
JUNE 2008
11	SF357	05/06/08	NoM – That Council investigate the establishment of a district map on the western wall of the pool complex as public art and apply funds set aside for the tourist office.	GM	Grant application made under Regional Arts Fund.
12	SF793	05/06/08	NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches.	DES	Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries. Ongoing discussions with DPI.
13	~~SF844~~	~~19/06/08~~	~~Council send a delegation to the Minister for Water and Energy, the Hon. Nathan Rees to request confirmation of the Department’s subsidy for the Off River Storage Project.~~	GM	~~Letter sent 9/07/08.~~ ~~Letter written to Andrew Stoner MP on 24/09/08 seeking a follow-up.~~ ~~Further letter sent to new Minister Costa on 27/10/08. Report to Council’s meeting on 20 November. Response received.~~

JULY 2008
16	Item 9.9	03/07/08		Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694	GM	Letter sent 15/07/08. Follow up letter sent 14/11/2008
17	Item 9.1	03/07/08		Council form working party to resolve conflicting issues surrounding the use of footpaths	DEP	Working party meeting to be arranged August/ September. To be deferred to after elections. Arrangements made to hold meeting on 18 December at 2.00 pm
18	Item 11.4	03/07/08		That a new plan of management be prepare for Faringdon Playing Fields	DES	Awaiting outcome of grant application before proceeding. Outcome of grant expected early December
19	QWN 166	17/07/08		Road Base Repairs – Taylors Arm road near Johnston’s farm	DES	Listed.
20	SF42	17/07/08		Revised Model Code of Conduct – seek co-operation of adjoining Councils to establish single conduct review committee – invite Mr Terry Perkins to participate – direction attention of staff to new Code – letter to all Committees of Management.	GM	Adjoining Councils notified. Letter sent to Terry Perkins. Remainder underway.
21	~~SF908~~	~~17/07/08~~		~~Request Minister for Planning for direction on a planning standard for sea level rise.~~	GM	~~Letter sent to Minister Sartor on 23/07/08. Response received from Minister Keneally which has been circulated to Councillors.~~
22	SF283	17/07/08		List of areas in Council administration centre requiring work to ensure compliance with relevant standard for access for people with disabilities be referred to Council’s technical officers for assessment and if necessary a report be prepared for Council or the Access Committee.	DES	Audit to be undertaken by a Building Inspector and Community Manager. Audit to be undertaken by January 2009.
23	LF3891	17/07/08		Access to timber mill – Nambucca Heads. Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.	DES	Deferred to December 2008
AUGUST 2008
24	NoM	07/08/08		Council seek quotations from landscape designers to prepare, in consultation with Joan’s Army, a landscaping Masterplan for riverfront from the Bridge to the public toilets.	DES	Deferred to December 2008
25	~~QWN 169~~	~~07/08/08~~		~~Donnelly Welsh Playing Fields – Illegal Clearing – Council receive a report on the outcome of the referral to the DECC and NRCMA.~~	~~DEP~~	~~Letter sent 17/09/08.~~ Response from NRCMA 29/9/08 advising that DECC are responsible for compliance. Formal response received 30 October 2008. See attached – Council needs to determine whether it wishes to take any further action.
26	~~SF276~~	~~07/08/08~~		A report come back to Council on an amended Workplace Equity and Diversity Strategy which includes the designation of at least 2 positions for Aboriginal employment subject to the candidate being a suitable candidate.	GM	~~Report to 20 November 2008.~~
27	QWN 188	21/08/08		Dead trees to be removed at Peter Trisley’s and at the gravel dump on Valla road	DES	~~Listed~~. To be removed by 28 Nov
28	QWN 194	21/08/08		Cleanup roadsides at Bowraville – request from Lions Club	DES	Draft agreement & risk Assessment prepared. Forwarded to the Lions Club
31	DA2006/056	27/08/08		Council received a report on the standard width for cycleways and its implications for DCP 17.	DES & DEP	November 2008 Deferred to February 2009
SEPTEMBER 2008
32	QWN 197		04/09/08	Burn off maps to Council’s website	DEP	Maps to be available on website during October. Deferred until December 08
OCTOBER 2008
34	QWN 211		16/10/08	Buz Brazel Park – report to Council of public meeting	DES	Report to GPC 17/12/2008
35	RF256		16/10/08	Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive	DES	Subject to GHD undertaking evaluation. Commenced.
36	~~SF241~~		~~16/10/08~~	~~Report on outcome of public hearing facilitated by Bennell & Assoc. re~~ ~~Hearing for Reclassification of Community Land to Operational Land in Draft LEP 2008~~	~~DEP~~	~~Contract let – hearing date set for 3 December 2008~~
37	SF360		16/10/08	Argents Hill Hall – on site meeting to be arranged with DoL and request for funding assistance from the DoL.	GM	Letter sent 17/10/08. Follow up letter sent 14/11/2008
38	SF1222		16/10/08	Referral of request for clothes optional beach to Valla Beach & Hall Management Committee and Valla Tourist Resort & Police	GM	Letters sent 23/10/08.
39	SF15		16/10/08	Council receive a budget on the saleyards to determine whether facilities can be funded and for consideration in 09/10 budget and seek grants & investigate effluent management.	GM	Occ Health and Safety Committee undertaking inspection. Report December 2008.
40	SF740		16/10/08	Bellevue Drive fig trees – deferred to next GPC for an inspection.	DES	Inspection by GSC in December
41	SF1197		16/10/08	Report Environmental Levy	DEP	See Item in Business Paper
NOVEMBER 2008
42	NOM SF794		6/11/08	Report on grease arrestors and trade waste	DES	Report for December 2008
43	~~SF283~~		~~6/11/08~~	~~Council consider funding for fixing the footpath area at the front of Nambucca Valley Phoenix and the resealing of Adam Lane Bowraville in the 2009/10 budget.~~	~~DES~~	~~Listed for 2009/2010 Budget~~
44	~~SF429~~		~~6/11/08~~	~~Council apply for funding for Buttsworth No 1 and No. 2 and Lanes Bridges.~~	~~DES~~	~~Application submitted~~
45	SF429		6/11/08	Council review its current bridge program	DES
46	SF544		6/11/08	Council receive a report on options for the provision of matching general fund contributions for the S94 works schedule for community facilities and open space. Including the possibility of establishing a reserve.	GM	To be considered with management plan for 2009/10. Report May 2009
47	SF544		6/11/08	Council review its Policy on Deferment of Section 94 payments.	GM	Report December 2008
48	SF544		6/11/08	Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.	GM	Report November 2009
49	SF959		20/11/08	Inspection of Donnelly Welsh Playing Fields at next GPC meeting	DES	Listed.
50	SF844		20/11/08	Council invite Phillip Costa to inspect off-stream water storage site @ Bowraville	gm	Invitation issued 26/11/08
51	SF98		20/11/08	~~Advertise seeing~~ submission to naming of O’Grady’s Lane	DES	To be advertised 4 December 2008.
52	SF844		20/11/08	Copy to Council of Planning Focus meeting minutes for 16 October 2008 and Council receive a report on the IWCM Plan	DES	Report on IWCM will be prepared after receiving current status from Dept of Commerce.
53	135		20/11/08	That Council receive a report of the allocation of resources for preparing the next comprehensive SOE report and that this be considered as part of the 2009/2010 budget.	DEP	Report to be presented with budget considerations. Feb/March 2009
54	SF285		20/11/08	Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.	DEP	March 2009
55	SF42		20/11/08	That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.	DEP	April 2009
56	SF382		20/11/08	That the exhibition for the Scotts Head draft Master Plan be extended to end of February 2009 and be a minimum of 2 months and Councillors receive the draft Master Plan a minimum of 5 days before it is placed on public display.	GM	Resolution conveyed to consultants and Department of Lands.
57	SF820		20/11/08	The 3 Councils get together to review the operation of the Coffs Coast Waste Service.	DES
58	SF820		20/11/08	Council receive a report on the process of handling complaints concerning vehicles on beaches. The report to include process for handling misdemeanours and advice as to the number of infringements issued.	DES
59	SF1163		20/11/08	Council investigate refinancing of its loans and the matter be reported to a meeting of the Finance Committee.	GM	Meeting of Finance Committee to be arranged in December 2008.
60	SF1163		20/11/08	That a report be prepared for the Plant Committee on utilisation rates for all of Council’s heavy plant.	DES
61	SF1163		20/11/08	Report to Council on its organisation structure to determine whether funding for redundant position of excavator operator will be reallocated to another position.	GM	Report to 18 December 2008.

Attachments:

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.2 SF706 041208 Grant Application Status Report - December 2008

AUTHOR/ENQUIRIES: Jenny Chance, Grants Officer

Summary:

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs. The following table provides a report on grant programs which Council has been made aware of; their closing date; consultation with community groups; their current status and eventual determination by the funding body.

Recommendation:

That the list of grant programs and their status be received.

	Grant Program	Action	Status
1	~~Department of Environment and Climate Change~~	~~DEP~~	~~Application for additional "Flood Study" to provide more accurate Flood Mapping of the Shire.~~ ~~Lodged 15 February 2008.~~ ~~Closing date 15 February 2008—announcement expected later 2008~~ *~~Unsuccessful with application~~*.
2	New Federal Environmental Programme - Still to be announced	GM DES DEP	The Area Consultative Committee (ACC) is proposing to take a lead role in putting forward an expression of interest for a major environmental project for Federal funding based on a “Clean Waters Model” implemented for Wallis Lakes. The ACC is seeking Federal Government support for a $176m program over four years for each of the 8 Mid North Coast Councils plus Port Stephens, Clarence Valley and the Shoalhaven. There is no matching funding required other than Council’s existing commitment to its environmental levy works program. A letter of support for the initiative has been provided to the ACC.
3	Department of Environment & Climate Change Estuary and Coastal Management Programs 2008/09 Funding on a 1:1 basis Closing date: 28 May 2008	DEP	Several projects identified and supported through the Nambucca River Estuary and Coastline Management Committee · Flood study—Deep Creek · Implementation of Nambucca River Estuary Management Plan · Updated flood study Lower Nambucca *Council successful with three of the above being* · *Implementation of Nambucca River Estuary Management Plan* · *Updated Flood study Lower Nambucca* · *Stage 2 Coastal Hazard management Plan* *Total funding being $250,000 matched $ for $ from Council’s Environmental Levy*

NSW Environmental Trust Round 3 – Urban Sustainability Program

Closing date: 20 June 2008

DEP

Council previously resolved to submit both a joint application with Bellingen and Coffs Harbour Councils and an individual application. Amended criteria excluded individual applications. Joint application lodged.

No advice as at 12 November 2008.

Northern Rivers CMA – River Reach Program.

Ongoing funding program

DEP

Stage 2 Lower Nambucca River, River Bank stabilization, rubbish and weed eradication. (Nursery Rd/Pacific Hwy north for approx 2 kms)

Funding application proposal from the Nyambaga Green Team. Total application for Stage 2 $35,000 - $45,000.

Council contribution of $5000 maximum to provide some machinery to collect and remove rubbish, vegetation; prepare traffic management plan for traffic control on Pacific Highway. Council’s $5,000 (max) in-kind contribution from the Environmental Levy.

NSW Maritime – Maritime Infrastructure Program

Funding on a 1:1 basis

Closes: 22 August 2008

GO & MTS

The Maritime Infrastructure Program (MIP) provides up to $2M annually to local government and community organisations for waterways infrastructure projects that benefit the recreational boating community across NSW, including the provision of public wharves/jetties, boatramps, public sewage pumpout facilities and public moorings. Applications submitted for Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads. Applications submitted with the assistance of the Nambucca River Users Group for pontoon at Macksville with $15,000 from the Environmental Levy and In-kind contributions. Site meeting with MIP Manager to discuss projects – 24 September 2008.

The announcement of successful projects has been delayed until mid December.

Caring for our Country

Caring for our Country Open Grants

Closes: 1 August 2008

Community Coastcare

Closes: 25 July 2008

Caring for our Country is the Federal Government's new natural resource management program.

An application has been submitted to the National Reserve System on behalf of the Nambucca Heads Local Aboriginal Land Council to purchase Faringdon Fields.

Advice received that applications will be determined in early December 2008.

8	Regional Arts Fund (NSW) Australian Government – Regional Arts Fund Closes: 14 August 2008	MBD	Application for Macksville Memorial Aquatic Centre mosaic mural under the Partnerships Program. The announcement of successful projects has been delayed until early December
9	NSW Blackspot Program Closes: 22 August 2008	MTS	RTA is inviting all Councils to identify and nominate new conforming projects for the 2009-2010 programme. Construction costs must be greater than $10,000 for rural Councils. Application completed to gain funding for pedestrian refuge at Bowra Street (intersection of Wellington Drive, Woods Lane, Back Street, Fraser Street), Nambucca Heads
10	Northern Rivers CMA River Health Plan Development (Stage 1) Closes: 1 December 2008	GO	River Health Plan Development (Stage 1) A River Reach plan needs to be developed prior to project implementation. In most cases, groups undertake the plan development in one year and then apply to implement the plan the following year. To develop a river health plan Council can: Submit an Expression of Interest (EOI) for Plan Development using form provided. This is a competitive process, EOIs for plan development will be assessed (using eligibility criteria) and ranked. Successful applicants will receive assistance from an NRCMA officer to produce a plan, OR Produce a plan independently. Council successful with a $25,500 grant for water monitoring and testing of the river and its estuaries within the oyster zone as well as Gumma, Tilly Willy and Newee Creek. There is no matching contribution required of Council.
11	Northern Rivers CMA Development and Implementation of local Government local scale coastline NRM plans	GO	Funding to provide consistent standardised beach access signage across the Shires coastal foreshore accesses utilising current best practice signage systems for aquatic and recreational use. Joint application with DECC.
12	Area Assistance Scheme Closes: 10 October 2008	GO & MCCS	The Area Assistance Scheme (AAS) is a regional community development program run by the Department of Community Services. It provides grants to local councils and non-government organisations for projects that improve community well being and how communities function. The AAS works within a whole-of-government framework to deliver its outcomes. Council staff in consultation with the committees of management are in the process of identifying possible projects for submission.
13	NSW Sport and Recreation – Capital Assistance Program Closes: 14 November 2008 *Funding on 1:1 basis*	GO	NSW Sport and Recreation (the Agency) offers the Capital Assistance Program for the development of local level facilities with the maximum grant available being $30,000. This program requires applicants to fund at least 50 per cent of the net project cost. Voluntary labour and donated materials are allowed as part of the applicant’s contribution to the project. Eligible applicants are those from local government authorities and incorporated not-for-profit organisations wishing to develop facilities that will increase participation in sport, recreation and physical activity. Local government authorities must submit applications on behalf of their committees eg Section 355 committees.
14	Department of Planning - NSW Heritage Grants Closes: 28 November 2008	GO	Works projects for the conservation, maintenance and adaptive reuse of heritage items listed on the State Heritage Register and state significant heritage items. Minimum project value of $25,000 with maximum funding of $75,000 per project. On ground interpretation works eg signage etc for major tourism focused state significant heritage items with funding up to $20,000 per project. Community strategic products and services for the delivery of state significant or state-wide heritage products and services with funding up to $30,000 per project. Special program for major cultural and community heritage buildings for the conservation, maintenance, ongoing and adaptive reuse of public halls, town halls, theatres and cinemas etc that are heritage items listed on the State heritage Register, or state or local heritage items listed in a Local Environmental Plan. Minimum project value $25,000 with maximum funding of $75,000 per project.
15	Playground Equipment Upgrade Grants for Local Government – Round 2 Closes: 21 November 2008	GO/ MCW	Grants for Upgrades of Council Playground Facilities A total of $2 million has been made available over two years. Round 1 grants for 2008/09 have been allocated and councils are now invited to apply for Round 2 grants for 2009/10. The grants will only be available for local government and must be used to either provide new playground facilities and/or equipment or upgrade existing playground facilities and/or equipment. Councils must utilize grants received for playground projects on land which is council-owned or managed. Funded playground projects must be free to use and publicly accessible. Projects will be funded in 2009/10 to a maximum of $20,000. All councils in NSW are eligible and encouraged to apply for funding under the program. There is a limit of one project application per council. Council submitted an application to upgrade existing parks to ensure they meet safety requirements.
16	Crime Prevention Grant - Crime Prevention Division of the NSW Attorney General's Department Closes: 12th December 2008	GO/ MCCS	NSW Crime Prevention Project Grants are provided by the CPD to support the implementation of strategies designed to reduce crime. The primary objective of the NSW Crime Prevention Grants Program is to achieve the crime reduction goals of the NSW State Plan, namely to reduce violent crime and property crime. Eligible councils are currently invited to apply for up to $50 000 per annum each year for the duration of their plan’s endorsement.
17	NSW Coastline Cycleway – Department of Planning Closes: 19th December 2008. *Funding on 1:1 basis*		This program provides grants to non-metropolitan coastal councils to improve cycling facilities by developing and implementing the NSW Coastline Cycleway route. Councils can apply for dollar-for-dollar grants for projects on the defined NSW Coastline Cycleway route.

For Council’s information, as at 12 November 2008, the Grants Officer has applied for 25 grants totalling $3,024,786. Of that total Council has been unsuccessful with $1.38m. The remainder are mostly still to be determined.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.3 SF923 041208 Grant Application - Regional and Local Community Infrastructure Program 2008-2009

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council will receive $423,00 from the Regional and Local Community Infrastructure Program announced by the Prime Minister on 18 November 2008. It is proposed that this funding be applied to the replacement of the Coronation Park amenities and kiosk building. As an estimate of the cost of the project is $1,050,000, it is proposed to also apply Section 94 funds of $262,677 and proceeds from the sale of an unused 1,640 sq. metres of Coronation Park with an estimated value of $250,000. In all $935,677 should be available for the project.

Recommendation:

1 That Council thank The Hon Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government for the Regional and Local Community Infrastructure Program, an important funding initiative which will bring tangible benefits to our community.

2 That Council utilize the funds to be made available under the Regional and Local Community Infrastructure Program for the replacement of the Coronation Park amenities and kiosk building and provide the details of the project to the Department of Infrastructure, Transport, Regional Development and Local Government.

3 That Council proceed with draft local environmental plan no. 42 to rezone and classify the unused 1,640 sq. metres of Coronation Park as Residential 2(a) and Operational land respectively.

4 That Council staff immediately finalise the location of the new amenities and kiosk building in consultation with the Coronation Park Committee of Management.

5 That a budget of $935,677 be fixed for the new amenities and kiosk building.

6 That plans to “development application” standard be immediately prepared and referred to Council for endorsement prior to proceeding to tender.

OPTIONS:

There are many options for the expenditure of the $423,000 which will become available from the Regional and Local Community Infrastructure.

In accordance with accepted principles of asset management, it is recommended that the funds be expended on existing building assets which are in poor condition rather than the creation of new assets. It is also recommended that the funds be applied to buildings with higher levels of usage.

If the recommendation is not accepted or is not achievable then some other projects in order of preference could be:

2^nd Preference - Upgrade/repair of existing building assets

· Refurbishment of toilets

· Upgrade of playgrounds

· Repair of Grants Hall and painting of Entertainment Centre

· Improving fire safety arrangements in halls

· Rectifying safety issues at the Saleyards

· Acquisition of North Macksville Park from the RTA

3^rd Preference – Acquisition of new assets

· Skate Park (to replace proposed funding)

· Amenities for Anderson Park, Valla Beach

· Development of South Macksville Park

· Scotts Head Multi-Purpose Hall

· Extension of cycle ways (matching funding available)

DISCUSSION:

The inaugural meeting of the Australian Council of Local Government was held on 18 November at Parliament House in Canberra. More than 400 Mayors and Shire Presidents across Australia attended the meeting to discuss a range of issues of mutual concern including local, regional and national infrastructure, local government efficiency, improving the liveability of major cities, strengthening regional economies, adapting to climate change, housing affordability, tackling Indigenous disadvantage and improving community wellbeing.

At the meeting, the Prime Minister announced initial funding of $300 million to councils and shires to build and improve community infrastructure and boost local economies through the new Regional and Local Community Infrastructure Program.

The funding guidelines for the program are now available. In essence there are 2 distinct programs. This report deals with one of the funding programs being the Regional and Local Community Infrastructure Program 2008-2009.

This is a “one off” funding package of $250 million to be made available for additional and ready-to-proceed community infrastructure projects and for additional stages of projects that are currently underway. The funding will be provided directly to local governments as a one-off payment.

The program will provide funding for community infrastructure including new construction and major renovations or refurbishments of assets such as:

· Social and culture infrastructure (eg art spaces, gardens);

· Recreational facilities (eg swimming pools, sports stadiums);

· Tourism infrastructure (eg walkways, tourism information centres);

· Children, youth and seniors facilities (eg playgroup centres, senior citizens’ centres);

· Access facilities (eg boat ramps, footbridges); and

· Environmental initiatives (eg drain and sewerage upgrades, recycling plants).

A full list of examples of community infrastructure the funding can be spent on is attached.

Funding will not be made available for activities such as ongoing costs (eg operational costs and maintenance); transport infrastructure, such as roads; or related infrastructure covered by the Roads to Recovery or Black Spots programs.

Each Council will receive a base component of $100,000 with the balance of the $250m to be distributed on the basis of the Grants Commission methodology. Nambucca Shire Council will receive $423,000.

Councils are required to provide the Department of Infrastructure, Transport, Regional Development and Local Government with details of projects that will be funded by 30 January 2009. Councils will be required to enter into an agreement prior to receipt of the payment. Funding must be expended by 30 September 2009.

Payments will be structured to schedule the release of 100 percent of the funds to Councils on signing the agreement.

Council has many, many potential projects which fit within the funding guidelines and which could be finished by 30 September 2009. In considering a preferred project or projects consideration has been given to the following criteria:

1. Priority should be given to existing building asset/assets in poor condition rather than the creation of a new asset.

2. Level of usage – higher levels of usage preferred

3. Availability of any funds which may be required to supplement the grant

4. Ability to complete the project by 30 September 2009

5. Project management – less resources required to manage a single project than multiple projects

Replacement of the Coronation Park Amenities and Kiosk

The recommendation for the application of the funding is for the replacement of the Coronation Park amenities block and kiosk which is already listed as a project in Council’s Community Facilities and Open Space Developer Contribution Plan 2008.

The poor condition of the existing amenities block has been the subject of at least one report to Council.

The Director Corporate Services reported to Council’s meeting on 20 April 2006 as follows:

“The amenities building in the south east corner was built some time in the 1960’s. The building is in poor condition and needs expenditure of $84,000 to address the issues identified. Allowing for this expenditure the building will still be an old building that is not in the best location to service ground users and does not provide the multi-purpose functionality of modern amenities”.

In response to the report Council resolved:

“That Council note works with an estimated cost of $58,380 are outstanding and works with a cost of $125,500 are required at Coronation Park over the next three to five years to address the identified occupational health and safety issues, to protect Council assets and minimize the risk of injury to the public” and also:

“That Council investigate the options to fund the works program at Coronation Park, including assistance from “Work for the Dole”, Section 94 contributions and financial and in kind assistance from user groups”.

However Council has not had the funds to undertake most of the work which was identified at that time.

The following comments are made against the identified criteria:

1. The existing amenities block is in an extremely poor condition. It is completely inadequate for attracting any premier sporting fixtures. It is located on a steep section of the site; has numerous trip hazards and drainage problems. There have been on-going inquiries from sporting users to seek grants to undertake improvements to the building but it is in such poor condition that such expenditure would likely be wasted. There is a community water grant which has been approved for the building but which is only partly expended and further expenditure is now on hold.

2. Coronation Park is a well used sporting venue supporting junior rugby league, senior rugby league, senior and junior soccer and senior and junior cricket. It is used throughout the year for competition events and for training. Coronation Park hosted National Rugby League trial games in the 1990’s however the condition of the amenities was a major reason the games went to other locations.

3. The funding of the proposed replacement amenities block is discussed in more detail below.

4. The project can be completed by 30 September 2009 if work on the project is commenced immediately.

5. It is a single project.

In terms of funding, the estimate of cost for a new amenities building provided in Council’s recently adopted Community Facilities and Open Space Section 94 Developer Contribution Plan 2008 is as follows:

Floor Area 300 sq m (30m x 10m)

$/sq m $3,500

Sub Total $1,050,000

Prelims $73,500

Fees $39,322

Project Management $11,628

Contingency $148,259

TOTAL EST. $1,322,709

Of this estimated cost, $262,677 was identified as coming from existing Section 94 funds. This funding will remain available to supplement the funds derived from the Regional and Community Infrastructure Program which are being provided directly to local governments as a one-off payment.

At Council’s meeting on 7 June 2001 it was resolved to prepare an amendment to the Nambucca Local Environmental Plan 1995 to reclassify and rezone an unused 1,640 sq m section of Coronation Park to Operational Land and Residential 2(b) Medium/High Density. The land has a slope of 10-16% and no significant vegetation. A plan showing the land is attached.

Council resolved that the draft local environmental plan for the reclassification be placed on public exhibition from 18 February to 18 March 2005.

Council resolved on 7 April 2005 that a public hearing be held with regard to the classification.

Council conducted a public hearing in relation to the reclassification and rezoning on 28 November 2006 at the Nambucca Entertainment Centre. The public hearing was facilitated by Mr Graham Gardner of Greater Taree City Council and a copy of his report together with the report to Council’s meeting on 5 April 2007 is enclosed with the business paper as a circularised document.

The premise of the proposed reclassification and rezoning was that all of the proceeds of the land sale be applied to assisting with the upgrading of the grounds and facilities.

Council considered the outcome of the public hearing at its meeting on 5 April 2007. It was resolved,

”that Council proceed to prepare a detailed Plan of Management for Coronation Park including a program of works for the proposed upgrade of:

a. playing fields

b. amenities

c. spectator facilities

d. parking/access

e. passive facilities

and also,

“that Council defer consideration of rezoning and sale of the land and liaise with Coronation Park Committee of Management to determine if there are options for fund raising and Government grants to fund the capital works to upgrade the facilities.”

Council subsequently adopted a detailed plan of management for Coronation Park at its meeting on 7 February 2008. A copy of this plan of management is a circularised document. Other than the announcement of the $423,000 grant funding under the Regional and Local Community Infrastructure Program there have been no grant funding opportunities of the quantum required to replace the main amenities building.

Proceeding with the reclassification, rezoning and sale of the land should realize $250,000. It is proposed that the reclassification and rezoning proceed in accordance with the recommendation of the independent facilitator that any future development for the land be restricted to single dwellings only with a maximum height of two storeys.

Therefore the available funding for the replacement of the amenities block is as follows:

Regional and Local Community Infrastructure Program $423,000

Section 94 Community Facilities and Open Space funds $262,677

Proceeds from sale of land $250,000

Total $935,677

Whilst this amount is less than the estimate provided in the Section 94 contribution plan, it is more than the provision made in the plan of management for Coronation Park. The budget should be sufficient to provide for an amenities building and kiosk to a good standard.

If for whatever reason, the proposed reclassification and rezoning was not supported by Council or the State Government, then the proceeds which were to be obtained from the sale of land would need to be derived from the 2009/2010 budget.

CONSULTATION:

There has been consultation with the Director of Engineering Services, Director Environment and Planning, Manager Financial Services, Section 94 planner, the President of the Coronation Park Committee of Management, and Mr Garry Johnson.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

Any improvement of the existing facilities will be beneficial for sport in the Nambucca valley and may allow trial games of national leagues to be reintroduced.

Economic

To the extent that the improvement of amenities will improve the potential for regional, State and national level matches to be held in Nambucca Heads there will be positive economic benefits.

Risk

There is a risk that the reclassification and rezoning will not be supported and hence the finance for the budget will fall short. If this were to eventuate, then Council would need to budget for an equivalent funding commitment by general fund in 2009/2010.

There are other risks associated with managing a major building infrastructure project including budget overruns and design issues.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Provided the project proceeds in accordance with the budget and financing arrangements in the report, there will be no impact on current budgets. The replacement building will reduce Council’s future capital expenditure requirements and accordingly will have a positive impact on future budgets and Council’s overall financial position.

Source of fund and any variance to working funds

Provided the project proceeds in accordance with the budget and financing arrangements in the report, there will be no impact on working funds.

Attachments:

1View	29720/2008 - Regional and Local Community Infrastructure Program - Examples of Community Infrastructure
2View	Plan showing land

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.4 SF1126 041208 2007/2008 Financial Statements - 30 June 2008

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

Summary:

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

The Financial Statements for the year ended 30 June 2008, have been completed and the audit reports required by the provisions of Section 417 of the Local Government Act 1993 have been received and copies are attached.

As a result of end of year processes consolidated Current Liquid Equity has increased by $145,139. General activities’ net CLE balance is $1,631,273, Water Supplies $1,569,931 and Sewerage Services $829,172.

The attached Audit Report under Section 417(2) and 417(3) provides an independent and comprehensive explanation of Council’s financial position and Mr Bob Finch of Forsyths, is expected to attend the public meeting to report on the Statements.

The financial statements indicate Council’s financial position remaining sound despite the unexpected loss from investment earnings and reflect Council’s undertaking towards its financial policies.

The Income Statement, Balance Sheet, Statement of Changes in Equity and Statement of Cash Flows consolidate the information contained in the notes to the accounts and provide the big picture of Council’s operations and financial position and are attached for Council’s information. Copies of the Consolidated Financial Statements are available on council’s website and hard copies can be provided upon request.

Financial indicators regarding asset management are also discussed as part of this report.

Also attached is a copy of Council’s investments detailing external and internal restrictions for which the investments are held as at 30 June 2008.

Recommendation:

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2008 be received.

OPTIONS:

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

DISCUSSION:

With the Accountant position vacated at the end of June and the position not being filled until a month later, finalising the June Budget Review and end of year financial statements was difficult. The reports though have been completed within the statutory timeframe with a copy received by the Department prior to the 7 November deadline.

CURRENT LIQUID EQUITY

Council at its meeting of the 02 October 2008, as part of the 30 June 2008 budget review, was provided with details of the current liquid equity position, operating results for 2007/08, and list of revotes for General Activities, Water Supplies and Sewerage Services.

As a result of the audit process consolidated current liquid equity increased by $145,139.

General activities increased by $81,123 as a result of adjustments to transfers to/from restricted assets and/or movements between the current and non current classification within debtors. Water Supplies and Sewerage Services increased by $37,840 and $26,176 respectively.

The final current liquid equity positions as at the 30 June 2008 (excluding revotes) are; General Activities $3,479,359, Water Supplies $1,647,831 and Sewerage Services $1,274,571.

The estimated positions in the June budget review were General Activities $3,398,236, Water Supplies $1,609,991 and Sewerage Services $1,248,395.

OPERATING RESULT

The consolidated operating result for the year is a deficit of $1,717,000. Council’s operating result before capital grants and contributions is a deficit of $3,837,000. The deficit result predominantly related to the fall in investment income, increase in depreciation expense in particular Water & Sewerage network assets revalued at the 30 June 2007, and an increase in materials and contracts for operational works.

For Council’s category 1 business activities Water Supplies and Sewerage Service, the continuing operations result for the year after imputation of tax equivalents is a surplus of $293,000 and $7,000 respectively.

The operating results do not include capital expenditure and includes non cash items of depreciation and increase in employees leave entitlement liability. In addition, the results do not recognise the transfers to and from restricted assets, or items of expenditure revoted to 2008/2009.

TOTAL EQUITY

Council’s Total Equity or Net Assets increased to $272,127,000 from the $251,990,000 held as at 30 June 2007. The Statement of Financial Position lists the items that make up this equity and the Statement of Changes in Equity shows the increase from 06/07 to 07/08.

DEBT SERVICE RATIO

The Debt Service Ratio highlights the amount of annual revenue necessary to service annual debt obligations (loan repayments).

The consolidated ratio as shown in the attached Note 13 of the Financial Statements is: 4.69%.

The ratio for each of General Activities, Water Supplies and Sewerage Services is:

	2007/2008	2006/2007	2005/2006	2004/2005
General	4.12%	6.06%	6.92%	7.94%
Water	0.40%	0.74%	0.88%	0.82%
Sewerage	13.55%	12.49%	13.74%	21.56%

The ratios reflect a disparity of positions between the funds and the different borrowing situations of each.

An industry benchmark set by Local Government Managers Australia (LGMA) is between 10 - 15%. The ratios therefore indicate that Council is not overcommitted in terms of debt and with the current downward trend of interest rates provides Council with leverage opportunities to supplement its recent borrowing strategy to improve the service level of its existing assets which as Council is aware, still require significant expenditure injections.

Council’s intended borrowing program in relation to the Water Storage and Sewerage Augmentation projects will impact significantly on the ratios. Water in particular will increase considerably because of the magnitude of the project although the associated debt will be contingent upon the level of subsidy secured which at this point in time is still unknown.

ASSET RENEWAL EXPENDITURE

The asset renewal expenditure indicator reflects the extent to which council is maintaining the condition of its assets.

The measure used is capital expenditure on existing assets over annual depreciation and is the capital renewal capacity of council ie the amount of funds spent on renewing assets (as opposed to maintaining them).

The consolidated ratio as shown in Note 13 of the Financial Statements is: 0.61:1. A 1:1 ratio is the ideal benchmark.

This ratio was not included as part of the 2005/06 Financial Statements and not mandatory for 2006/07 but because it is considered an important indicator for Council’s impending asset management strategy the ratio was included in 2006/07 Statements and 2005/06 comparisons have been made for Council’s information.

The improvement in the ratio for general relates to both an increase in renewal expenditure but also a refinement in the ratio to include building & infrastructure assets only.

The revaluation of both water and sewerage assets has resulted in accounting for an increase in depreciation expense thus reducing the ratio. It is also assumed that the comparatively low ratios for both water and sewerage reflect a different capitalisation methodology of renewal works to that of general. Council’s Manager Water & Sewerage has indicated that an asset management system will give scope to note the type, value and date of each major work done on a particular asset and this will provide a clear indication of whether it was capital works or maintenance.

	2007/08	2006/07	2005/06
*General*	0.82:1	0.57:1	0.59:1


*Water*	0.18:1	0.77:1	1.02:1


*Sewerage*	0.05:1	0.18:1	0.29:1


*Consolidated*	0.61:1	0.54:1	0.58:1

The ratio needs to be taken into account with Special Schedule 7 which is attached. Special Schedule 7 summarises the condition of Council’s assets. Visual condition ratings indicated an improvement in the condition of Council’s Sealed Roads with the estimated cost to bring to a satisfactory standard for Public Roads Infrastructure decreasing by over $20m at 30 June 2007 to $13m for 2008 as per Special Schedule 7. More formal ratings are currently being undertaken which should provide more precision in the estimates.

As mentioned last year, the asset renewal ratio is a longer term indicator and Council should remain cautious in forming conclusions utilising this indicator. Actions from this indicator will come from trends over time in conjunction with an asset management system. As mentioned in the past, an asset management system is important to verify and support financial information and guide Council on future asset decisions. The process of installing an asset management system and the revaluations that are currently taking place will update asset information. Possible variations to valuations, depreciation rates, and recording of maintenance v capital transactions, as seen this financial year, will tend to result.

RE – VOTES OF EXPENDITURE

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

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

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

	Total Expenditure Re-Votes
Year	Ordinary & Capital Expenditure	Ratio

*2007/2008*	$3,645,900	12.1%
	$30,203,000

*2006/2007*	$3,361,500	12.5%
	$26,979,000

*2005/2006*	$2,783,000	10.5%
	$26,482,000

*2004/2005*	$3,231,000	12.8%
	$25,259,000

A slight improvement in the ratio is shown primarily as a result of increased capital expenditure in most activities. In addition to the commitment to the infrastructure strategy, Council increased spending on plant and also to a lesser degree community, recreational and environmental areas.

Having the capacity to spend on capital works is important for the long term sustainability of Council. It allows Council to plan for the future and to ensure assets are maintained at an acceptable level. The capacity to spend on capital works not only refers to the ability to allocate funds but also the ability to plan and allocate resources to ensure that works are completed satisfactorily and timely. It is therefore important that Council does not overcommit itself and thus fall short on its sustainability objective.

Considering the magnitude and diversity of Council’s expenditure, revotes cannot be avoided as factors such as weather will always impact on annual commitments. Council though, should continue to endeavour to reduce this ratio to ensure that resources can be properly estimated and managed and not complicate future budgets. A level of 5% or below is considered adequate by the industry.

CONSULTATION:

Local Government Act 1993

Local Government Code of Accounting Practice and Financial Reporting

Local Government Asset Accounting Manual

Manager Civil Works

Manager Water & Sewerage

SUSTAINABILITY ASSESSMENT:

Not applicable.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council’s financial position and performance are presented with this report and by Council’s Auditors and were also discussed as part of the 30 June Budget Review presented to Council’s Meeting 02 October 2008.

Source of fund and any variance to working funds

Attachments:

1View	29719/2008 - Audited Reports	11 Pages
2View	29721/2008 - Income Statement, Balance Sheet, Statement of changes in Equity and Cash Flows	4 Pages
3View	29722/2008 - Investments as at 30 June 2008	2 Pages
4View	29723/2008 - Note 13 of the Financial Statements	1 Page
5View	29724/2008 - Special Schedule 7	2 Pages

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.6 SF15 041208 Macksville Saleyards

AUTHOR/ENQUIRIES: Steven Williams, Property Officer

Summary:

This report is compiled in response to Council’s resolution of 16 October 2008 and to review the saleyard operation generally to identify a list of priority work required at the saleyards.

The 2008/2009 saleyard operating budget accounts for a net operating deficit in the amount $35,100.00. This deficit does not include operational funds being sought to meet the shortfall in the saleyard improvement allocation.

Significant costs to be incurred in the current financial year include the finalisation of shade sail installations and the continuation of internal fencing replacement to steel fencing ( budgeted $37,000.00) to remedy identified safety issues within the yards.

General maintenance in the saleyard is budgeted to cost in the order of $14,000.00, a significant proportion of which is expected to be spent on Effluent Pump Out services.

In order of priority current and future budgets will need to account for the following work:

· Effluent Disposal System

· Grandstand upgrade or replacement

· Completion of internal fencing and irrigation

· Completion of shade cloth sails; and

· Provision of toilet facilities closer to the saleyards

· General maintenance

· Saleyard staff training

The current waste management system at the saleyards is deficient insofar as we do not have any mechanism to control overflow from the waste collection pit. It is recommended that Council engage a suitably qualified Consultant to investigate options and the implementation of an affordable and reliable waste management system at the Macksville Saleyards.

There appears to be a general trend of rationalisation of saleyards towards regional livestock exchanges. Smaller saleyards are finding it increasingly difficult to remain economically viable in light of the increasing costs of maintenance and OH & S compliance. It is predicted that two out of every three sale yards will have ceased operation within the next 20 years.

The Macksville Saleyards is socially and economically important to both the rural and transport industries within the Shire. It would be prudent however for Council to carefully consider the return period on infrastructure spending in light of the predicted trends to best ensure the continuing economic viability of the yards.

Recommendation:

1 That Council note the identified trend of rationalisation of the saleyard industry towards regional livestock exchanges resulting in the foreseeable closure of smaller saleyards.

2 That Council consider a variance to the saleyard improvement budget (38601) to increase allocated funds in the amount $4,000.00 to meet the cost of improvements required to remedy identified safety risks within the saleyard enclosure.

3 That Council consider a variance to the saleyard improvement budget (38601) to increase allocated funds in the amount $10,000.00 required to engage a suitably qualified Consultant to report on the optimum waste management system for the Macksville Saleyards and the most economical implementation of that system.

4 That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville Saleyards.

OPTIONS:

1 As to recommendation 2 - Council has no option but to effect the necessary work to the fencing to eliminate identified risk to livestock handlers operating within the saleyards.

2 As to recommendation 3 - Continue with existing effluent pump out service, although this does not address the potential for overflow in extreme wet weather or flood.

3 As to Recommendation 4 - Utilise Water and Engineering staff to design and implement the Kempsey model based on appropriate guidelines and regulations.

4 As to recommendation 5 – In light of the industry trends it is critical that Council develop a strategic plan for the ongoing operation of the Macksville Saleyards which accounts for a measured and economical return period for infrastructure spending. It is likely that any change to the operation of the Macksville Saleyards will initially attract opposition from some sections of the community. Consequently it would be prudent to involve interested parties in the strategic planning process.

DISCUSSION:

Council has requested a report on the saleyard operation budget to determine whether toilet facilities can be funded in some manner and for consideration in the 2009/2010 budget and to investigate what Grants may be available to assist with funding.

Council has also requested a report on the saleyard effluent management system.

This report is compiled in response to Council request and to review the saleyard operation generally to identify a list of priority work required at the saleyards.

General Overview of Macksville Saleyards

Macksville Saleyards is currently operated under a licence agreement by G J Kennedy & Co. Under this agreement the operator conducts regular livestock sales and manages the National Livestock Identification System scanning and reporting requirements. The operator also attends to saleyard cleaning and general upkeep and reports maintenance and OH & S risk issues to Council for Council attention.

Nambucca Shire Council as the owner of the facility remains primarily responsible for the overall operation of the saleyards including infrastructure, maintenance and repairs, worker and patron safety, OH & S issues, livestock well being and environmental impacts.

Council resolved on 21/02/2008 to adopt the Australian Code of Practice for the selling of livestock. The Code is designed to protect the owners and operators of saleyards. Animal welfare is the main driver of the Code.

By observing the Australian Code of Practice Council and the operator would be deemed to be operating within acceptable standards and the law, therefore should circumstances arise, this observance, will help show that Council has exercised due diligence and care in the workplace.

Core Business of Macksville Saleyards

Macksville Saleyards deals almost exclusively in cattle sales. The Saleyards are the smallest of four saleyards in the area bordered by Kempsey, Grafton and Dorrigo.

Cattle sold at Saleyards are drawn primarily from the Nambucca Valley as well as the Bellinger Valley, Coffs Harbour and, to a lesser extent, Kempsey and Dorrigo.

Cattle turnover during the last quarter (July – September 2008) was 2553 head. Revenue from this period was $18,032.80. This is representative of average quarterly figures.

Budgeted revenue for the Macksville Saleyards for 2008/09 is $66,000.00.

Major operating costs to be incurred in the current year include:

1 Pump Out of effluent pit $11,000.00

2 Shade sail installation (complete but not yet billed) $15,000.00

3 Saleyard improvements (fencing to rectify the safety issues detailed below) $26,000.00

Funds allocated to points 2 & 3 above exceed current budget estimates by the approx amount $4,000.00. To ensure completion of this work funds will need to be raised by way of a budget review. Should Council resolve to obtain a Consultants report on the effluent management system further funds will be required in the approximate amount $10,000.00.

It should be noted that in 2005 the saleyards obtained an internal loan in the amount $100,000.00 to commence fence and yard replacement. The outstanding balance of this loan is currently approximately $88,000.00, payable by 2025.

Current Work Schedule for Macksville Saleyards and in order of priority:

1 OH & S Issues

The Macksville Saleyards Manager has identified the race leading to the weigh bridge and the mouthing chute as work areas which, in their current state, present significant risk of injury to livestock handlers. Both areas form part of the internal fencing replacement project and as such have been prioritised for immediate replacement. Quotes are currently being obtained for this work. Based on rough estimates it is expected that the work will cost in the vicinity $25-26,000.00.

As these work areas have been identified as a significant risk of injury to livestock handlers Council has no choice but to implement changes.

Utilisation of the 2005 loan funds: The perimeter fence had been replaced entirely with steel fencing. Work continues on replacing the internal fencing. It was intended to largely complete the fencing work this financial year however the substantial increase in the cost of steel over the last ten months has curtailed the amount that can now be completed with the budgeted funds ($24,000.00). Given the current costs of steel it is expected that replacement fencing will be limited to the race leading to the weighbridge and the mouthing race – these being areas that have been identified as posing significant risk of injury to livestock handlers.

Upon completion of the current year work schedule approximately two thirds of the yards will have been updated to steel fencing.

Irrespective of the future direction of the Macksville Saleyards the above mentioned work is required to be completed to best ensure the safety of the livestock handlers.

2 Effluent Management

Currently the saleyard effluent is drained to a pit in the North Eastern corner of the saleyard complex. This pit is periodically pumped out by a contractor.

This regime is largely acceptable albeit expensive (in excess of $10,0000 per year). Of significant concern however is our inability to control overflow from the pit in periods of extreme and prolonged wet weather.

Council should consider implementing an effluent management system which is compliant with current regulations for larger saleyards (and which has operational capacity even during extreme wet weather). Council staff were directed to, and have since inspected, Kempsey Saleyards. This system incorporates a sediment separation pit and two settling ponds. Waste water is directed to the ponds and the resulting effluent used for irrigation.

The Kempsey system includes a truck wash facility. Macksville Saleyards Manager has reported that the installation of a truck wash facility would facilitate a further 12 sales per year.

Kempsey Council staff estimated the cost of the system was in the order of $100,000.00. It should be noted however that Kempsey has a stock turnover approximately 4 time greater than Macksville Saleyards. Accordingly any effluent system would not necessarily need to be to the same scale as Kempsey’s.

Should Council seek to implement a waste system based on the Kempsey model the placement of settlement ponds would need to be carefully considered as they would need to be completely fenced. Under certain condition such ponds can also generate significant odour. Options include siting the ponds within the Showground complex or on private land adjacent to the showground complex. The latter necessarily involves long term leasing and irrigation agreements.

It is recommended that Council engage a suitably qualified consultant to report on the optimum effluent system for the Macksville Saleyards. Enquiries of Geo Link Coffs Harbour estimate consultancy fees in the amount $10-12,000.00 for such a report.

3 Grandstand Replacement

Council has received a number or reports of patrons falling from the grandstand. As an interim measure to improve safety hand rails have been installed.

Notwithstanding this Council’s Risk & Safety Officer has advised that the current Grandstand does not comply with building guidelines and present a risk of injury from potential falls and that replacement or modification of the grandstand is required.

Funding aside - This present two issues. Firstly the Macksville Saleyards Manager reports that current seating capacity is limited. Upgrading of the existing grandstand within the current infrastructure will necessarily curtail available seating. The Macksville Saleyards Manager has advised that this is not practical and will pose further risks to patron as a consequence of overcrowding.

Secondly to maintain or increase the seating capacity the infrastructure of the saleyard building/shelter would need to be extended. This would entail lifting and extending the roof and providing for entrance to the selling ring by way of a central walkway. Neither proposal has been costed at this stage.

4 Shade Sails

In the interest of animal welfare in 2007/2008 Council erected shade sails to the holding pens on the western side of the saleyards. This work is complete however an invoice is yet to be presented for payment. It is expected that the final account will be in the order of $15,000.00.

Shade sails to the balance of the yards were planned for the current year. In light of the significant increase in the price of steel however (80% over the last ten months) the fencing work detailed in the previous section has taken priority and the shade sail installation has been deferred pending further funding.

5 Toilet Amenities

The catalyst for this report is to explore the feasibility of toilet amenities at the Macksville Saleyards. The Director of Engineering Services has reported that because of the location of the saleyard in relation to the sewer main the cost of constructing and connecting toilet facilities to the existing sewer main would be in the order of $120,000.00.

Kempsey saleyards have basic toilet facilities on a septic system. The facilities appear to be a similar distance from the sale ring as the existing facilities at the Macksville Saleyards. A costing for septic operated toilet facilities has not been obtained at this stage.

Grant Opportunities

The author has liaised with Ms Jenny Chance for the possibility of Grant funding to assist with improvements to the saleyards.

Possibilities include Aus Industries Infrastructure Grants. DECC, Public Infrastructure Funding, Green Precincts Funding, Department of Sport and Recreation Regional Infrastructure Grant (although this would most likely require an application through a sports body).

Future of Local Saleyards

Saleyard auditors Huefner & Associates reported to Wodonga Council in late 2005 that changes in the livestock industry will have a negative impact on saleyards leading to the elimination of two out of three saleyards in Australia by 2030.

A subsequent report in 2005 by GHD (again for Wadonga Council) indicated that:

“it is anticipated that livestock exchanges (saleyards) throughout Australia will be subject to industry rationalisation with smaller facilities becoming increasingly less viable over time, particularly where stock turnover is less than40,000 per year” (Macksville Saleyards currently has a stock turnover of 10,0000 per year)”.

Both reports cited an increasing trend towards vertical integration of the livestock industry with movement of cattle increasing distances to feed lots, collection and dispersal centres and saleyards.

The critical factor with this trend is the capacity of smaller yards to achieve a sale rate sufficient to offset or better the cost of transport to the bigger yards. The Weekly Times Newspaper reported in August 2008 that “the cost of transporting cattle is in the order of 2 cents per kg live weight per 100km”. It should be noted that fuel costs have increased substantially since that report was published.

Macksville Saleyards Manger Mr Tom Stanton advises that average sale prices at Macksville Saleyards ensure that the vast majority of producers within the Macksville Saleyards catchment continue to utilise the saleyards in preference to other saleyards. Council does not hold data to report on the total number of cattle reared and/or sold within the Macksville Saleyards catchment to validate this report.

Unless Macksville Saleyards can establish a niche market that quarantines it from the industry trend towards rationalisation (or seeks to establish itself as the regional centre) it would be prudent to carefully consider the return period for infrastructure spending on the saleyards generally.

Non Financial Benefits of Macksville Saleyards

There is a national trend towards rationalisation of saleyards to create centralized regional yards. Notwithstanding this and the ongoing operating deficit at Macksville Saleyards consideration should also be made to the non financial benefits generated by the Macksville Saleyards.

Non financial benefits of local saleyards identified by the Saleyard operators of Australia include:

· Congregation of farmers from outlying areas in the town centre for re-stocking, shopping, domestic chores such as bill payments and general town chores (often this includes other family members).

· Networking opportunities between other farmers, transporters, operators and stock gents.

· Community and social benefits. The Macksville Saleyards Manager reports that whilst farmers will on average sell at the Macksville Saleyards four times per year they will attend up to three times more regularly, if not at every sale.

CONSULTATION:

G J Kennedy & Co – Mr Tom Stanton

Council’s Safety and Risk Officer

Department of Environment and Climate Change Grafton

Kempsey Shire Council Saleyard Manager

SUSTAINABILITY ASSESSMENT:

Environment

Improvement to the current management of waste from the Macksville Saleyards will overcome the potential for waste contamination in the event of overflow. Should circumstances arise, positive action in this regard, will help show that Council has exercised due diligence and care in managing waste from the Saleyards.

Social

The continued operation of the Macksville Saleyards would have positive social benefits to the patrons and service providers involved in the livestock and associated industries.

Economic

The Macksville Saleyards contributes to a broader business community involving transporters, livestock operators and traders, butchers, breeders and stock agents.

Risk

DECC advises that in the event Macksville Saleyards waste overflows and contaminates river water they would have no option but to issue an order for Council to remedy the waste management arrangements. In extreme circumstances fines would be issued.

There is a risk of overcapitalising the saleyards insofar as the market trend indicates a rationalising of saleyards generally. It is foreseeable that Council would not get a return on significant infrastructure spending if saleyard rationalisation results in the closure of Macksville Saleyards.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is insufficient fund allocation in the current budget to address the immediate fencing work required. A budget variance would be required to meet the additional costs.

The 2009/2010 budget will need to account for the cost of completing the internal fencing and shade cloth improvements (should Council so choose) and to meet the cost of implementing an improved waste management system.

Source of fund and any variance to working funds

It is intended to source the additional funds for the 2008/09 Financial Year to address fencing requirements from working funds. This will mean a reduction in working funds of $4,000.00.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.12 SF923 041208 Grant Application - Regional and Local Community Infrastructure Program - Strategic Projects 2008-2009

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Commonwealth Government has made available $50 million for a limited number of large strategic projects seeking a minimum Commonwealth contribution of $2 million. Larger projects and projects which include partnership funding will be given preference.

It is recommended that Council submit an application for funding under the Regional and Local Community Infrastructure Program – Strategic Projects 2008-2009 for an upgrade of the Nambucca Heads Sewerage Scheme.

Recommendation:

That Council submit an application for funding under the Regional and Local Community Infrastructure Program – Strategic Projects 2008-2009 for an upgrade of the Nambucca Heads Sewerage Scheme.

OPTIONS:

The funding priority is for large projects (more than $2m) which include partnership funding. There would be other potential projects which fit within the funding examples but Council would be unable to provide any significant partnership funding. Further it would be difficult to have a major strategic project in a form which is “ready to proceed”.

DISCUSSION:

The inaugural meeting of the Australian Council of Local Government was held on 18 November at Parliament House in Canberra. At the meeting the Prime Minister announced “one off” funding of $250 million to local councils to stimulate additional growth and economic activity. This is the subject of a report elsewhere in the business paper.

The Prime Minister also announced the Regional and Local Community Infrastructure Program – Strategic Projects 2008-2009 Program where the Australian Government is making up to $50 million for a limited number of large strategic projects seeking a minimum Commonwealth contribution of $2 million.

Larger projects and projects which include partnership funding will be given preference.

Projects will be allocated funding on a nationally competitive basis and will be assessed by the Department of Infrastructure, Transport, Regional Development and Local Government on a tight timetable.

All local councils or groups of councils are eligible to apply for funds. There is a limit of one application per council or group of councils.

Eligible projects must be additional and “ready-to-proceed” (the project must be ready to commence construction within six months of signing the Funding Agreement (contract), or be additional stages of projects that are currently underway.

RLCIP – Strategic Projects will provide funding for community infrastructure including new and major renovations or refurbishments such as:

· Social and culture infrastructure (eg art spaces, gardens);

· Recreational facilities (eg swimming pools, sports stadiums);

· Tourism infrastructure (eg walkways, tourism information centres);

· Children, youth and seniors facilities (eg playgroup centres, senior citizens’ centres);

· Access facilities (eg boat ramps, footbridges); and

· Environmental initiatives (eg drain and sewerage upgrades, recycling plants)

The eligible projects are the same as the list attached to the Regional and Local Community Infrastructure Program 2008-2009.

The Nambucca Heads Sewerage Scheme Upgrade is a project which meets the eligibility criteria. The preferred stage 1 upgrade option is estimated to cost $8.8 million plus an additional $2.1 million for associated works involving the collection and transport of effluent. This is a total cost of $10.9 million including survey, design and project management. The project is ready to proceed to tender and construction would certainly be well underway within 6 months of signing the Funding Agreement (contract).

CONSULTATION:

There has been consultation with the Director Engineering Services.

SUSTAINABILITY ASSESSMENT:

Environment

The sewerage treatment plant upgrade will substantially improve the quality of effluent and reduce the environmental impact of its discharge.

Social

There are no significant social implications.

Economic

The sewerage treatment plant upgrade will provide an economic boost to the local community during the construction phase.

Risk

There are no risks in seeking the grant.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

If Council is successful its Sewerage Fund would benefit by $2 million.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.13 SF256 041208 Report on Nature Conservation Council Conference held in Sydney 12-13 November 2008 - Cr Flack & Cr Smyth

AUTHOR/ENQUIRIES: Paula Flack, Councillor; Anne Smyth, Councillor

Summary:

Councillors Smyth and Flack attended the Nature Conservation Council’s Conference ‘Saving a Sunburnt Country – the challenges of species adaptation in a heating land’, held in Sydney on 12 & 13 November 2008.

The conference was attended by approximately 130 representatives from numerous organisations and government departments, including councillors and staff from a number of NSW councils.

The conference provided a wide ranging overview of some of the most important scientific research, policy and programs on assisting adaptation and mitigation for biodiversity and ecosystems facing climate change. Of particular relevance to Councils was discussion on current policy and planning issues in relation to adaptation, mitigation, sea-level rise, conservation on private land and the importance of continuing to lobby State and Federal Governments for guidance.

A copy of the programme of speakers is available for any interested Councillors. Papers presented at the Conference are available on the Nature Conservation Council’s website www.nccnsw.org.au

Recommendation:

That Council note the report on the Nature Conservation Council Conference.

OPTIONS:

There are no options to consider.

DISCUSSION:

On 12^th and 13^th November 2008, the Nature Conservation Council of NSW hosted its conference, ‘Saving a Sunburnt Country? The challenges of species adaptation in a heating land’. The conference was held in Sydney and was attended by Councillors Flack and Smyth and was addressed by many speakers, including a number of scientists.

During the two days, many topics were covered, including risks and opportunities of climate change; conserving biodiversity under climate change; species adaptation and predicting climate impacts on species; protected areas and connectivity – travelling stock routes; ecological monitoring; impacts on flora and fauna; adapting to climate change – a legal perspective; climate change adaptation and the bushland urban interface; private land conservation; invasive animal action; future distributions of invasive plant species under predicted climate change; green carbon – the role of natural forests in carbon storage.

Keynote Speaker, Dr Ben McNeil, Senior Fellow, Climate Change Research Centre, University of NSW, discussed “Climate change projections for Australia”. His talk had a particular emphasis on coastal environments, new evidence on sea-level rise projections and discussion about ocean acidification. A key message from Dr McNeil’s address related to the fact that the world’s oceans are huge carbon sinks and increasing levels of CO2 in the atmosphere is resulting in greater absorption of CO2, with a resultant reduction of ocean pH (acidification). This in turn dissolves calcium carbonate (marine shells), which impacts upon the food chain and, ultimately, the biosphere.

Many presentations highlighted the interconnectedness of environmental impacts and flow-on effects to planning, human settlement, agriculture, fishing and aquaculture industries, water quantity and quality, and natural disasters such as flooding, fire and more intense storm events.

Biologist, Dr Graeme Pearman, referred to a past sea level rise of 18cm over the last 100 years due to ocean warming (thermal expansion), but warned that glacial melt was now accelerating the process. He claimed that 20-30% of species are likely to be at high risk of extinction if global temperatures exceed 1.5 - 2.5%. Dr Pearman informed the conference that metabolic rates, photosynthesis and rainfall are temperature-sensitive and explained that a species of fruit fly has now made a southern migration in its known range of 400km due to increasing temperatures.

Dr Michael Dunlop, CSIRO stated that we must aim to manage change in response to climate change to minimise loss. Maintaining habitat diversity at a multiple/ecosystem scale he believes is the best strategy in terms of biodiversity.

Dr Veronica Doerr, CSIRO gave a very stimulating and informative address relating to the findings of her habitat corridor and fauna dispersal study, concluding that restoring connectivity across landscapes with wide (minimum 350m), fully functional corridors is critical for species adaptation to changing climate conditions. She emphasised the importance of travelling stock routes and the national reserve systems as key components to a broad scale system of habitat corridors across the country.

Dr Dan Lunney, Principal Research Scientist, DECC gave a presentation on the impact of climate change on selected forest mammals. Dr Lunney explained that increasing CO2 levels reduce leaf nutritional quality for koalas, which forces them to expand home ranges and travel further to gain sufficient nutrition to survive. The implications of this statement, in light of the incremental loss of koala habitat along the east coast, should be easily understood.

Dr Michael Ray Kearney, Zoologist from Melbourne University, stated that cane toads are moving up to 65km/year in northern Australia where rainfall is highest, but only 1km/year in southern regions of its current range. Climate change predictions of decreased rainfall to southern regions of the country may reduce the southern spread of this exotic pest species.

Professor Bruce Thoms gave a thought-provoking talk, emphasising that climate change goes beyond political cycles. Prof. Thoms pointed out the need for key Federal Government rules on climate change and for all levels of government to work together overseeing adaptation to climate change. He called for a halt to cost-shifting to Local Governments and for State and Federal Governments to provide core funding to Local Government, so that it could improve decision-making and planning functions with regard to climate change. He concluded by suggesting the establishment of an independent Climate Change Commission, which would report back to the Federal Government.

Of particular relevance to Local Government was the presentation by Adam Davis from Connell Wagner, who is developing a Climate Change Adaptation Plan for Hornsby Shire Council.

In the closing address, Dr John Williams, Commissioner, NSW Natural Resources Commission, discussed the possibility of turning challenges into opportunities and of already having the knowledge to make a difference. He raised the question “how do we get our science into policy"?

There was general consensus amongst speakers that the Federal Government should provide leadership; all levels of Government need to agree on the policies necessary to deal with climate change; we need consistent direction in order to minimise the projected impacts of future climate change; there is a need for standard policy throughout all sectors, but Local Government needs direction in order to make change. To this end, Dr Williams stressed the importance of having policies ready, so that we are prepared to make those changes speedily.

CONSULTATION:

Councillors Flack and Smyth have consulted in the provision of this report.

SUSTAINABILITY ASSESSMENT:

Environment

The conference emphasised the need to take action now, to prevent further degradation of fragile environments and minimise negative impacts on biodiversity. There are significant environmental issues to be addressed at a Local Government level.

Social

There are enormous social impacts to be expected as a result of ‘climate change’. Many speakers stressed the role that society needs to take in addressing future scientific projections now. An interesting presentation by Dr Haydn Washington, Project Director of Sustainability Projects, Willoughby City Council, discussed the Climate Change Action Campaign, which WCC are implementing, to engage the community in a more proactive way, in an effort to address the social impacts expected because of our warming environment.

Economic

All speakers were very clear that there already are, and will continue to be, enormous economic impacts as a result of global warming. Much emphasis was given to the importance of being proactive now, in order to reduce future costs. Actions to respond to climate change will be costly; however the full economic impacts of not taking any action are likely to be much higher - for example, tourism, agriculture, fishing and aquaculture industries and legal challenges.

Risk

There was consensus of agreement by all speakers that there are many and varied risks associated with climate change. The presentation by Tom Holden, Scientific Director of the Environmental Defender’s Office, highlighted the legal aspects to be considered, both in legislation and the possibility of litigation. To this extent, it was interesting to note that on the Mornington Peninsula in Victoria, one Council has denied a Development Application on the basis that it was “too much of a risk” to allow the development, in light of future scientific projections in relation to sea-level rise.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council approved travel and accommodation expenses for Cr Smyth and travel expenses for Cr Flack to attend the conference. The actual costs are: Councillor Smyth - $416 and Councillor Flack - $280.

Direct and Indirect impact on future budgets

There is little doubt, from the presentations and speeches given, that there will be enormous impact on future budgets. It is also obvious that the costs will be more if we do not begin to take some action now to address these alarming issues. Several Councils have invested in Climate Change Strategies, while others have introduced Sustainability Levies to help implement changes and look for strategies to help reduce future costs.

Source of fund and any variance to working funds

The costs for Councillors attending conferences were provided for in the 2008/09 budget and no variations are required.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 December 2008

General Manager's Report

ITEM 9.14 SF882 041208 National Awards for Local Government - Commendation to Nambucca Shire Council for Innovation in Regional Development

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council has received a Commendation for Innovation in Regional Development in the National Awards for Local Government which were presented in Canberra on 17 November 2008.

Recommendation:

That the information concerning Council’s Commendation for Innovation in Regional Development be received.

OPTIONS:

There are no options. The report is for information.

DISCUSSION:

At a function at Parliament House on 17 November 2008, the Minister for Infrastructure, Transport, Regional Development and Local Government, the Hon. Anthony Albanese, presented the Mayor with a Certificate of Commendation for Innovation in Regional Development.

The citation in the National Awards publication reads as follows:

“Nambucca Shire Council, New South Wales

Collaborating Industry and Local Government

The Nambucca Shire Council development an economic development plan that set clear guidelines to create employment opportunities by positioning the shire as a sustainable industrial, manufacturing and distribution hub to service the 350,000 people who now reside in the Mid North Coast Region.

With the unemployment rate in the shire in 2001 at a record high of 21%, the main purpose of the Council’s strategy was to lower the number of unemployed people in the shire and increase the average weekly income of those employed.

The strategy focussed on developing Macksville Industrial Estate by providing improved infrastructure to attract new and expand existing niche manufacturing in the shire.

By 2008, unemployment in the region was down to 10.4%, a drop of 10.6%. Ten new manufacturers have been attracted to the shire and Council assisted in expanding a total of 44 local manufacturing companies with a partnership formed with the NSW Department of State and Regional Development.

Council’s success can be attributed to its vision to achieve positive economic outcomes following the closure of Midco; successful entrepreneurialism in acquiring land for industrial development; and in developing close and collaborative relationships with local manufacturers and the Department of State and Regional Development.

Finally the driving force to bring these elements together has been Council’s Manager of Business Development, Mr Wayne Lowe.

The community and Council can be justly proud of their achievement.

CONSULTATION:

There has been no consultation.

SUSTAINABILITY ASSESSMENT:

Environment

The report is for information. There are no implications for the environment.

Social

The report is for information. There are no social implications.

Economic

The report is for information. There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no impact on budgets.

Source of fund and any variance to working funds

There is no impact on working funds. The Commonwealth Government paid for the travel and accommodation expenses of the Mayor and General Manager in attending the Award Ceremony.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

4 December 2008

Director Environment & Planning's Report

ITEM 10.1 SF691 041208 Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 25 November 2008

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

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 are development applications which have been received but not yet determined due to submissions received. These DA’s are presented should any Councillor wish to “call in” the application to a future meeting. 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:

1 That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

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

3 That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

OPTIONS:

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

FILE NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	COMMENTS ON APPLICATION
2005/310	19/4/05	Change of Use to Furniture Manufacturing Business	Lot 2 in DP 550795, 25 Cooper Street, Macksville.	DA approval relies upon rezoning under draft LEP 66.
2008/013	12/07/07	Dwelling-House	Lot 223 DP 828243, 35 Raleigh Street, Scotts Head	31/07/07 – Letter requesting Bush Fire assessment. 20/08/07 – Letter requesting additional information sent as bush fire assessment incorrect. 23/08/07 – Letter to Local RFS with amended plan & file note. 23/08/07 – Notification to adjoining owners issued. Letter issued to owner advising of current position with DA. 30/08/07 – Response from Local RFS office requiring Bush Fire Assessment Report. 14/03/08 - Letter to owner requesting the submission of the further information within 14 days.

2008/013 continued				18/03/08 – Telephone contact with owner, owner has not made contact with Bush Fire Consultant requested to lodge letter seeking extension of time to have report prepared 25/03/08 – Letter received from owner requesting 8 weeks to finalise Bush Fire Report Extension granted until 02/06/08 19/6/08 - Additional information received 21/05/08 - Re-referred to Rural Fire Service. 3/06/08 Phone call from the local RFS advising that the application has been referred to the Head Office of NSW Rural Fire Service due to the level of variation sought with this proposed development. 12/08/08 Letter to applicant advising the Head Office of RFS has been contacted in relation to the delays and a response is expected within 2-3 weeks 26/08/08 RFS contacted Council re clearing of land by Council to the rear of the property. Discussions held with DES – there are environmental issues to be considered prior to clearing and a decision is not yet made as to whether it will be a ‘one-off’ clearing or ongoing. RFS Sydney has been informed of this. Comments received 30/09/08 Applicant is preparing and amended Bushfire Assessment Report to address RFS concerns – report to be submitted by 31 October 2008 Modified Bushfire Report received from Consultant on 17/11/08. this report referred to RFS on 18/11/08 for further comment This application has been “called in” and will be reported to Council once the application is ready to be determined
2008/043	24/08/07	Supermarket, three specialty shops and car park	Lot 2 DP 544563, Lot 13 DP 654087 & Lot 14 DP 654086, 37 Cooper Street, Macksville	DA relies on Department of Planning’s determination of draft LEP 66. Council resolution 19/6/08 to approve the application subject to draft LEP 66 being made by the Minister.

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE: 3

TABLE 2: Development Applications where submissions have been received and are not yet determined.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/193

11/3/08

6 Lot Rural Subdivision

Lot 15 DP 114372, Lot 1 DP 386702, Lot 71 DP 654563, Lot 120 DP 755538, Lot 23 DP 755548 & Lots 44,45,49 & 98 in DP 755546, 207-208 Upper Buckrabendinni Road Buckrabendinni

§ Access from proposed lots

§ Location of dwelling envelopes

§ Aboriginal and archaeological issues

“Stop the clock” in place as it is an Integrated application.

Outstanding matters yet to be finalised and discussed with applicant. Unlikely to be determined in the immediate future
Awaiting from applicant an Aboriginal Registered Sites search and list of sites if applicable, for the development site
Upon completion of this search the Local Aboriginal Land Council Elders are to be consulted
18/06/08 response from DWE confirming general terms of approval for Controlled Activity Approval.
8/8/08 Additional information received confirming no Aboriginal sites recorded on the subject land. Information forwarded to Bowraville Local Aboriginal Land Council giving them 30 days to respond.
This application has been “called in” and will be reported to Council once the application is ready to be determined
5/9/08 30 day letter sent to applicant advising that SEPP1 not supported by Council's Planning Department and the proposal should be amended to comply with minimum lot sizes. 07/09/08 Applicant advised Council that amended plan will be prepared and submitted by end of October.
3/11/08 – Amended plan received – satisfactory to Council. Meeting scheduled for Friday 14/11/08 with adjoining landowner to resolve original objection to the proposal.
There has been no further objection to the amended plan.