Agenda of Ordinary Council Meeting

Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.1 SF959 160709 Outstanding Actions and Reports

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.

FILE

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

STATUS

~~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.~~

~~The meeting with Dave Mitchell was held on the 25 March 2009 and as a result Council determined a number of actions:~~

~~1 That a letter be written to the Minister for Primary Industries seeking legislation that enables enforcement of the Code of Conduct for Ocean Haul Fishermen.~~

~~2 That information be sought on the success or otherwise of having a Professional Fishermen's Motor Vehicle Beach Access Permit.~~

~~3 That the Department of Primary Industries Representative raise the concerns of Nambucca Shire Council at the next meeting of the Ocean Haul Operators Management Advisory Committee.~~

4 That the Department of Primary Industries be asked to provide temporary signage on the beach that advises the public that Beach Haul fishing is underway with reference to the Department of Primary Industries Website.

~~DES~~

~~Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries. Ongoing discussions with DPI.~~

~~DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council.~~

~~Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March.~~

~~David Mitchell has spoken to local commercial operators re Council concern.~~

~~Request for feedback sought from Kempsey Shire Council on the Professional Fishermen’s Permit Scheme.~~

~~Minister’s representative considering Council’s comment on a legislated Code of Conduct.~~

Season is late this year, expected late May. The Department of Primary Industries will respond to any issues. The Department of Primary Industries will be issuing guidelines that include the beach signs.

~~Floods have impacted on this year’s season. Mullet prices are low. Likely to be little impact this year.~~

Response to Council drafted. Not received as at 6 July 2009.

JULY 2008

1	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. Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim. Follow up letter sent 9 April.
2	Item 11.4	03/07/08			That a new plan of management be prepared for Farringdon Playing Fields		DES		~~Awaiting outcome of grant application before proceeding.~~ ~~Outcome of grant expected early December but not yet received.~~ Funding declined. Work on preparing plan to be scheduled. Interested parties will need to identify potential uses for inclusion in revised plan of management. Local cricket and soccer associations to be contacted regarding use of the fields. No response as at 22 June 2009.
OCTOBER 2008
3	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. Separate assessments underway for: *Ellis Ave* *& Doyle Lane Landslips: Awaiting further survey. GHD site mapping complete. Catchment Assessment:* Report being prepared by GHD.

NOVEMBER 2008

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.

Report November 2009

~~SF42~~

~~20/11/08~~

~~That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.~~

~~DEP~~

~~16 April 2009~~

~~Matter deferred as AIBS and DEPA are currently investigating the consequences of this circular.~~

DECEMBER 2008
6	SF688	4/12/08	That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.	DEP	Programmed for September 2009.
7		~~18/12/08~~	~~Alliance~~ ~~Tender for the Provision of a Corporate Software System~~ ~~That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.~~	GM	~~MIT consulting with tenderers. Tender evaluation to occur April/May 2009.~~
8	SF1046	18/12/08	That the Wellington Drive component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.	DEP	Report March 2009. Deferred in Draft Budget. 16 April 2009 meeting. Deferred until draft Nambucca River Master Plan prepared.
JANUARY 2009
9	PRF53	15/01/09	Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.	DES	Quotations being sought. Late March. Deferred to May 2009. Deferred to June 2009. Deferred to July 2009. Brief posted – deadline 31 July 2009.
10	PRF53	15/01/09	DES to enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.	DES	Letter sent to the Manly Hydraulics Laboratory. The Dept of Commerce have advised that Council in 1981 raised no objection to the Department of Public Works proposal to install an automatic recorder after consideration of the approximate location and type of structure, The site is important because of the consistency with historical data. An alternative building or structure must still use the same site. Letter sent re standard of building required.

FEBRUARY 2009
11	SF241	5/02/09	That a new plan of management for the reserve within Kingsworth Estate be prepared by DES. To include pedestrian and vehicular access arrangements and management of environmental values.	DES	October 2009
12	SF869	19/02/09	Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.	DES	DES to meet Country Energy to discuss further. Meeting 15 June 2009—Cancelled Now 13 July 2009
13	~~SF1031~~	~~19/02/09~~	~~That a report be brought to Council on its capacity to keep electronic information long term and in a fail safe condition.~~	GM	~~MIT to report in July 2009.~~
MARCH 2009
14	SF1297	5/03/09	That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.	DEP	Letters to be prepared and sent. Letters sent 16 March 2009. Response from DECC received No response from RFS as at 23 June 2009. Further letter sent to RFS 3 July 2009.
15	DA09/049	5/03/09	The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.	DES	Letter sent. No response as at 24 March 2009. RTA advised 6 April 2009 that they will review and advise Council of outcome. Follow up letter sent to RTA. Verbal advise that on-site assessment done. No written notification 6 July 2009.
16	DA09/061	5/03/09	That Council review the Carparking Section 94 plan for Nambucca Heads..	GM	Target report to Council in July 2009. Report to consider priorities for contribution plan reviews. Awaiting on Section 94 Coordinator, deferred to August 2009.
17	SF791	19/03/09	That a report go back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.	GM	Report to come back following advertising. DES to investigate potential for closure of part of the road to add to the industrial land. Surveyor to identify services and boundaries.
APRIL 2009
18	SF939	2/04/09	Views of Chambers of Commerce, Nambucca Valley Tourism and High Schools be sought as to proposed marketing slogan and billboards and alternative suggestions	GM	To be reported back in August 2009
19	SF871	16/04/09	That the future of the Pioneer Community Centre be subject to a further report to Council in 3 months time following receipt of any proposal from the CoM to retain the building. Also Council seek the flat be vacated and obtain insurance details.	GM	Report in August 2009. Letter sent 20/4/09 to CoM requesting that the flat be vacated and requesting insurance details. Committee of Management wish to be provided with reasons as to why the flat should be vacated (verbal advice to GM on 22/5/09). Committee of Management advised that vacancy of flat recommended by the report on the building’s fire safety (by letter on 23/6/09). Further letter issued instructing that the flat be vacated (7 July 2009).
20	SF959	16/04/09	Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.	GM	A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan. Report to be completed by June 2009. Subcommittee to report by March 2010. Review will now have to be in accordance with new legislation. GM to prepare report for August 2009.
21	SF1305	16/04/09	Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009. Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.	GM	Letters sent 21 April 2009. Follow-up letter sent 28 May 2009. DES to write to RTA requesting a program as to when they will make determinations and when emergency funds will be available.
23	SF444	16/04/09	That the revised road hierarchy plan, incorporating a grading program be deferred to the next GPC meeting with Councillors to provide any comments to Acting DES within 7 days.	DES	Report to GPC 17 June 2009. Deferred to GPC August 2009.
MAY 2009
24	SF851	7/05/09	That Council receive a report on progress and a timeline for completion of Stage 1 of the Climate Protection Program and that the report also identify the staffing resources and funds needed to complete the project.	DES	To be considered with report on administrative staff due July 2009. Deferred to August 2009 so that Consultative Committee is advised.
25	SF959	07/05/09 & 4/6/09	That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.	DEP	~~To be reported 21 May 2009.~~ ~~Deferred to June 2009 to enable all options to be considered.~~ ~~See item in business paper 4/6/2009.~~ Council again write to Dept Water & Energy Letter sent 10 June 2009. No response as at 6 July 2009.
26	SF639	07/05/09	That the staffing of the Department of Environment and Planning be reviewed in 6 months or upon resignation of any professional staff member, whichever occurs first.	GM	Report to Consultative Committee 8 July 2009 and Council 16 July 2009. Consultative Committee meeting deferred to 21 July. Report in August 2009.
27	SF639	07/05/09	Council receive a report relating to the need for administrative support across the organisation.	GM	Report to Consultative Committee 8 July 2009 and Council 16 July 2009. Consultative Committee deferred to 21 July 2009. Report in August 2009.
28	SF21	07/05/09	Council investigate the implementation and costs of an effluent management system at the saleyards	GM	August 2009
29	SF1213	07/05/09	Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review	DES	November 2009 Follow-up letter sent.
30	SF1213	07/05/09	Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.	GM	November 2009
31	SF1213	07/05/09	Council review the cycleway plan so as to ensure its funding requirements are realistic.	DES	December 2009
32	SF1213	07/05/09	Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.	GM	September 2009
34	SF1269	21/05/09	Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.	DES	Letter sent 18 June 2009.
35	~~SF820~~	~~21/05/09~~	~~That the draft tree planting program for 2009/10 be referred to Council for its consideration.~~	~~DES~~	~~Report July 2009~~
36	SF1231	21/05/09	Use of Road Reserves and public land for commercial, community and charitable activities – that there be a further report to consider items 1-6 in the letter from the Chamber of Commerce.	DEP	Report in August 2009. Meeting scheduled for 5.00 pm 16 June 2009 with Chambers of Commerce. Formal responses requested from participants by end July 2009 for presentation to Access Committee before finalising policy. Final report to Council in September 2009.
37	SF452	21/05/09	Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.	DES	Local DECC office advised by letter of Council’s intention. Formal proposal for Minister being prepared.
38	SF452	21/05/09	Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.	DES	Report to July 2009. proceeding to provide 3 addition monitoring bores at the Cost of $3,000
39	~~QWN256~~	~~21/05/09~~	~~Thank you to Ray Hadley re Thistle Park when matter with Dept of Education has been finalised~~	GM	~~Letter of offer sent to Minister of Education sent 25 May 2009.~~
JUNE 2009
40	SF1269	4/6/2009	Report on options for pedestrian safety for Wallace Street in consultation with M&D Chamber of Commerce	DES	Report September GPC. Preliminary concepts commenced.
41	SF639	4/6/2009	Review of Tourism Function	GM	Deferred to 16 September GPC
46	SF1131	18/6/2009	That the RTA be requested to contribute 50% of the funding to undertake repair of the landslip below Jason Cottages and the matter be reviewed at the budget review for the June 2009 quarter.	DES	To be considered at September 2009 GPC. Letter sent to RTA.
47	SF750	18/6/2009	That the report on S138 applications, bonds and footpath specifications be deferred so as to enable more information to be provided on the standard of concrete	DEP DES	Report to be resubmitted to July GPC meeting. Deferred to August GPC
48	RF256	18/6/2009	That the RTA be requested to contribute 50% of the funding for the works required to stabilise Riverside Drive from landslip in addition to the Regional Road funding.	DES	Letter sent.
49	~~SF382~~	~~18/6/2009~~	Council clarify ownership of the land (associated with the draft Scotts Head Reserve Masterplan) before proceeding further and when the information is obtained that Council proceed with a workshop and site visit to determine its position.	~~DES~~	~~Report to General Purpose Meeting 15 July 2009~~
JULY 2009
50	SF769	2/7/2009	Council make representations in conjunction with Bellingen Shire Council to the RTA and Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road and seek a deputation to meet the Minister	GM	Letters drafted 6/7/09
51	SF736	2/7/2009	A review of the strategic direction for the Aboriginal Youth Worker project be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.	DEP	January 2010
52	~~SF741~~	~~2/7/2009~~	~~Council receive a report on the heavy plant and paveliner being the reports that were presented to the Plant Committee Meetings.~~	~~DES~~	~~August 2009~~

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.2 SF1272 160709 Council's capacity to ensure the preservation of Council's electronic information

AUTHOR/ENQUIRIES: Chris Mattick, Manager Information Technology

Summary:

Councils digital records are one of this organisations greatest assets and the NSW Government encourages Council to manage the information efficiently in order to safeguard this asset and derive the most benefit from it, now and into the future.

The ideal solution for digital preservation would be to preserve electronic records of permanent value without their being dependent upon a specific computer for processing or on specific computer programs for access. Unfortunately this solution will never be an option due to evolutionary processes.

Digital preservation comes at a cost and the success of this preservation is dependent on Councils commitment to, and allocation of adequate resource to ensure this.

Recommendation:

1 That Council engage a consultant to identify and recommend improvements to our existing records management practices. (estimated 2 week consultancy - $15,000)

2 That Council provide an additional resource for ongoing management of electronic records. ($50,000 pa)

3 That Council acquire suitable remote office space to house disaster recovery equipment.

OPTIONS:

Refer to option provided by GM in the consultation section.

There is the option of doing nothing and accepting greater levels of risk.

The other option is deferring the recommendation for consideration in the budget for 2010/2011.

DISCUSSION:

Increasingly, Council records are being received, created and stored in electronic format.

It is a requirement under s.14 of the State Records Act that Public offices have an obligation to maintain accessibility to equipment/technology dependent records, more importantly those records that are required to be kept for long term retention or as state archives.

Recently, State Records launched a website, namely “Future Proof – Protecting our digital future” as “a place for people to learn more about the NSW Government digital recordkeeping strategy and to share information about their own activities, projects and experiences in regards to digital recordkeeping. It is also a place to ask questions and offer advice to others who may be going through similar experiences”.

This website will no doubt be an important on going resource to assist Council with our data preservation however at this point in time it provides little supplementary information to what is already identified in this report.

State Records have also produced a comprehensive 100 page guideline titled “Managing Digital Records” February 2009 to assist organisations with the management of their digital records.

I will briefly list some of the most relevant points this guideline recommends to re-enforce how Council should be managing electronic records.

I will then provide details of Councils current position with some suggestions on how we can improve the future proofing and retention of our electronic information.

State Records Guidelines

Council should ensure that the infrastructure, systems, policies and procedures are in place to support capture and maintain digital records.

Council should ensure that policies and document standards are adhered to.

Open formats for documents and data storage should be adopted. These formats are less at risk of becoming inaccessible because of change to vendor arrangements and are easier to migrate.

File formats should be limited to help simplify the ongoing management of digital records.

Digital records should be regularly destroyed in accordance with State Records Act (General Disposal Authority). Retention of superfluous records is expensive and can inhibit the ability to locate and retrieve information quickly.

Council should be aware of current and proposed future changes to systems and technologies and ensure that Computer software applications and hardware systems are adequately maintained.

Validation of digital resource at creation time is paramount. The cost to “clean-up” at a later stage when most of the context may have been lost is conservatively estimated to be ten times greater.

Employees should have appropriate expertise and training in the digital systems that are implemented.

Effective data backup and disaster recovery methodologies must be practiced.

Digital records must be kept secure and stored in an appropriate fireproof and climatic environment.

Migrations from one hardware or software configuration to another or from one generation of technology to another must be managed effectively.

Problematic records such as email should be managed effectively.

Effective policy and guidelines should be adopted for the management and disposal of digital images.

Our current position

Internal policy and guidelines are adopted to ensure that all data is stored in appropriate systems and storage areas.

In the main these policies and guidelines are adhered to but there would be many records that are not managed in accordance with the previously mentioned best practices. To identify these records thoroughly would require significant additional resources.

Generally our software applications are current and are compliant with State Records standards on digital record keeping.

The current systems and storage areas are backed up to magnetic tape or other magnetic media every night. These tapes are rotated and eventually become monthly backups and are saved indefinitely in a fireproof and secure location. Relatively current copies of monthly backups are also stored remotely some kilometres away.

In addition to the magnetic tape backups all current data forming part of the Fujitsu 2000+ suite of software, which encompasses Councils financial and property related systems, is copied daily to a disaster recovery server (computer) at a local external site.

It would be very advantageous for Council to copy all data and systems to external servers to provide for seamless disaster recovery however these facilities are not currently available.

These backup procedures are not bullet proof and do not necessarily future proof Councils electronic information however they do provide a reasonable guarantee that relatively current information is secure.

The future – Digital Preservation

Planning for digital preservation must recognise that the process is ongoing and that investments in improving capture rates, accuracy, resolution, and verification will have long term benefits.

Current commercial products generally provide utilities for data migration and conversion and provide for backwards compatibility. These features in their own right should guarantee the preservation of Council’s data.

CONSULTATION:

There has been consultation with Councils Records Officer.

The General Manager agrees with the sentiments expressed but believes that Council does not have the finances available to implement the recommendations. His view is that the first priority should be the provision of a data link and adequate server capacity to allow all back up to a server rather than tape. Currently only the financial data is backed up to a server with all other data such as letters; reports; and spreadsheets being backed up on tape. This would provide for superior business continuity in the event of a disaster. Provision for this could be considered in a quarterly review.

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Nil

Economic

Nil

Risk

Loss of information.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no provision in the budget to finance the recommendations.

Source of fund and any variance to working funds

If the recommendations are adopted they would need to be funded from working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.3 SF270 160709 Local Government Remuneration Tribunal - Determination of Councillor Remuneration Effective from 1 July 2009

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Local Government Remuneration Tribunal has issued a determination to increase the fees for Councillors and Mayors by 2.5 percent. It is recommended that Council adjust its Councillor Annual Fee and the additional Mayoral Allowance in accordance with the determination backdated to 1 July 2009.

Recommendation:

1 That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a Rural Council being $9,290 for each Councillor and $20,280 for the additional Mayoral Allowance.

2 That the change in fees be backdated to 1 July 2009 in accordance with the determination by the Local Government Remuneration Tribunal.

OPTIONS:

There are 3 options. Council can adopt a fee for Councillors and the Mayor at the minimum or maximum levels. The minimum annual fee for a Councillor is $7,040 and the minimum additional fee for the Mayor is $7,480. Council can also choose not to adopt any fee in which case the fee which is applied is the minimum.

DISCUSSION:

Pursuant to Section 241 of the Local Government Act 1993, the Local Government Remuneration Tribunal determines in each category of Council, the maximum and minimum amount of fees to be paid to Mayors and Councillors of Councils, as well as chairpersons and members of County Councils. The Tribunal has now completed a fundamental review of the categorisation of Councils. Whilst there has been a change in the description of categories there has been no substantive change in categorisation or remuneration.

The Tribunal noted that the number of people seeking election to local government continues to increase. During 2008, 4,410 persons nominated for election to local government. This was an increase of 28% over the 3,428 persons who nominated for election in 2004.

The Tribunal also noted the impact of State Government planning reforms. “These reforms will result in a range of Council development and planning responsibilities being transferred to either the Planning Assessment Commission or to Joint Regional Planning Panels. While these changes are still be to be fully realised, the Tribunal will monitor over the coming year the likely impact of planning reforms on Councillor roles and responsibilities”. The Tribunal also mentioned the global economic downturn as posing significant challenges to local government. Having regard to these and other factors the Tribunal fixed an increase of 2.5 per cent in the fees for Councillors and Mayors as appropriate for the forthcoming year.

The full report on the 2008 Annual Review can be read on the following website www.remtribunals.nsw.gov.au/local_government/2009_report_and_determinations

The determination means the fees for Councillors can increase from $9,060 in 2008/2009 to $9,290 in 2009/2010 with the additional allowance payable to the Mayor increasing from $19,790 in 2008/2009 to $20,280 in 2009/2010.

Nambucca Shire Council along with 76 other Councils is classed as a Rural Council. The applicable fees for councillors, effective 1 July 2009 for a Rural Council are shown in the following table. By way of comparison with Mid North Coast Councils, Coffs Harbour, Greater Taree, Great Lakes, Port Macquarie-Hastings and Kempsey councils are all Regional Rural councils. Bellingen, Nambucca and Gloucester Councils are classed as Rural Councils.

	Councillor/Member Annual Fee		Mayor/Chairperson Additional Fee*
	Minimum	Maximum	Minimum	Maximum
Rural	7,040	9,290	7,480	20,280
Regional Rural	7,040	15,500	14,980	33,840
Metropolitan	7,040	15,500	14,980	33,840
Metropolitan Centre	10,560	19,730	22,460	52,410
Metropolitan Major	14,080	23,250	29,940	67,750
Major City	14,080	23,250	29,940	67,750
Principal City	21,140	31,000	126,310	170,150

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member (S.249(2)).

The LGSA indicate that a reasonable expectation of work load for new councillors would be 21 hours per week and as the experience of the Councillor increased that this may reduce slightly. Assuming some leave, to provide for say 1,000 hours of time in a year means an hourly rate for a Councillor of $9 per hour. And that doesn’t include consideration of election expenses and other out of pocket expenses such as telephone calls. Accordingly it is recommended that Councillor Fees and the Mayor’s Fee be increased to the maximum allowable for a Rural Council.

CONSULTATION:

There has been consultation with the Manager Financial Services

SUSTAINABILITY ASSESSMENT:

Environment

There is no impact on the environment.

Social

The NSW approach to local government is increasingly out of step with our neighbouring States. It is possible that the current level of fees discourages younger people and/or people of more diverse backgrounds from seeking election to local government.

Economic

There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The budget for 2009/2010 provided for a 3.2% increase compared to the determination of 2.5%. The recommendation will result in a minor improvement in working funds.

Source of fund and any variance to working funds

There will be a minor positive improvement in working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.4 SF600 160709 Request by Nambucca River Jockey Club to purchase Council Land at the Bowraville Racecourse Precinct

AUTHOR/ENQUIRIES: Steven Williams, Property Officer

Summary:

Council is the registered proprietor of Lot 3 and 4 in DP 593774 being the land upon which the Nambucca River Jockey Club has its clubhouse and racing facilities (Lot 3) and land forming the starting run to the racecourse proper (Lot 4). The land is classified as community land.

Council is also the Trust Manager for Reserve D540002 being the racecourse proper. The Reserve is gazetted as a Public Recreation Reserve.

Both Lots 3 & 4 In DP 593774 and the Crown Reserve are leased to the Nambucca River Jockey Club until September 2013. The leases are interdependent. The rental on each lease is set at the minimum statutory rent of $396.00 per annum.

The Nambucca River Jockey Club has requested Council consider selling the Council owned land to the Club and transferring the Crown Reserve Management to the Club.

The Club advises that Racing NSW (the controlling body of Thoroughbred Racing in NSW) is in the process of establishing a Minimum Venue Standard for every racing and training venue in NSW. The Club has advised that they are committed to achieving minimum standards to ensure the ongoing operation of the racecourse.

The Club’s commitment to the ongoing operation of the racecourse however presents a less than ideal situation for the Club insofar as the Club’s capital expenditure on assets will be committed to land they do not own or control. It should be noted that currently the majority of improvements to the racecourse facilities have been financed and completed by the Jockey Club.

The Club does not propose to change the current operation of the facility or reserve other than to effect improvements that may be required to meet the Minimum venue Requirements required by Racing NSW so as to best ensure continued operation.

Numerous issues will need to be addressed should Council consider selling the land to the Club including reclassification of the land from Community to Operational and drafting of terms to protect Council’s interest in the event the Club seeks to sell or transfer the land in the future.

Recommendation:

1 That Council agree in principle to a proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club subject to negotiation of terms satisfactory to Council. These terms are to include the right of first refusal or a buy back option for the price for which the land is sold in the event the Nambucca River Jockey Club seeks to sell or transfer the land in the future.

2 That Council write to the Nambucca River Jockey Club requesting details of their proposal to meet the minimum venue standards.

3 That Council receive a report from the Property Officer detailing the suggested terms of the proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club for their further consideration of the matter.

4 That Council obtain a valuation for the sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774, the cost of the valuation to be met by the Nambucca River Jockey Club.

OPTIONS:

1 Council can retain the status quo that being leasing the Council owned land to the Jockey Club on terms interdependent with the Lease of the Crown Reserve, of which Council remains as Reserve Trust Manager.

DISCUSSION:

Council Owned Land

Council is the registered proprietor of Lot 3 and 4 in DP 593774. The land is classified as Community land.

Lot 3 DP 593774 is the land upon which the Racecourse facilities are located.

Lot 4 DP 593774 is a strip of land which forms the starting race to the racecourse proper.

Both parcels are currently leased to the Nambucca Valley Jockey Club on minimal rental of $396.00 per year until September 2013. The Lease is interdependent with a Lease to the Jockey Club of Lot 75 DP 755549 being the Crown Reserve forming the racecourse proper. See site map - annexure 1.

The Lease provides the Jockey Club with exclusive use of the land and to this end the Jockey Club attends to, and finances all maintenance and improvements on the land. It should be noted that the majority of improvement on the land (kiosk, clubhouse, change rooms etc) have been erected by and at the expense of the Jockey Club. The Jockey Club insures the improvements. The effect is that the operation of the Bowraville racing precinct is at nominal to no expense to Council.

Council cannot sell or transfer community land. Should Council consider a possible sale, the land would need to be reclassified to Operational by way of a Local Environment Plan (cl 27 Local Government Act 1993). This process entails environmental studies, community consultation, public exhibition of the plan and Ministerial approval (Clauses 54,57,62,66 and 69 of Environment and Planning Assessment Act 1979 respectively).

Crown Reserve D540002

The balance of the racecourse precinct comprises Lot 75 in DP 755549 being the racecourse proper. The reserve is gazetted as a public recreation reserve and is currently managed by Council.

Council as Trust Manager of the Reserve has licensed the use of the reserve to the Nambucca River Jockey Club for the period to September 2013. This Agreement is interdependent with the Lease of the Council owned land.

The Licence permits the use of the reserve for horse racing and training purposes 6am – 10am daily and for 6 meetings per year. Access to the Reserve is available to the public at all other times. The Jockey Club facilitates community use of the reserve for function such as garden expo’s, tree fairs, pony club and weekend markets.

The Club proposes that they be appointed as the Reserve Trust Manager in lieu Council. There are clear administrative benefits in Council withdrawing as Reserve Trust Manager.

Club activities on the Land

The Nambucca River Jockey Club is a voluntary organisation reformed in the 1970’s and committed to Thoroughbred Racing in the Nambucca. They conduct 6 TAB accredited races annually including the Bowra Cup.

The club reports that all racecourse and public facilities have been funded by the Club.

Outside of racing events and training the facility is unused. The Nambucca River Jockey Club secretary Mr Graham Brookes has identified this as an area that the Club seeks to expand its activities by accrediting itself as a conference venue, (Governors Licence).

The Club currently employs one person for 25 hours per week. It is planned to seek a Governors Licence in due course to extend trading options to include licensed functions on days other than race days. Further employment opportunities would arise should a Governors License be granted.

The club reports annual expenditure of $500,000 per year.

The president of the Bowraville Chamber of commerce Mr Mark Scott advised that in his opinion the jockey club activities create significant and invaluable economic activity for the township and attract a substantial number of new visitors each year. Mr Scott has offered to seek a formal statement from the Bowraville Chamber of commerce should the Council so desire

Proposal to sell Council land to the Jockey Club

The Club advises that Racing NSW (the controlling body for Thoroughbred Horse Racing in NSW) is in the process of establishing a Minimum Venue Standard for every racing and training venue in NSW. The final terms of the minimum venue standards have not yet been finalised. Notwithstanding this however the Club advises that they are committed to achieving the minimum standards to ensure the ongoing operation of the Bowraville racecourse. For example it is anticipated that the Minimum Venue Standard will require venues to have a 12 horse start capacity. The existing track has a ten horse start capacity and accordingly the club would be required to extend the racecourse to accommodate the new standards. It is anticipated that this work will cost in excess of five thousand dollars to complete.

The Club’s commitment to the ongoing operation of the racecourse however presents a less than ideal situation for the Club insofar as the Club’s capital expenditure on assets will be committed to land they do not own or control. The Club does not propose to change the current operation of the facility or reserve other than to effect improvements that may be required to meet the Minimum venture Requirements required by Racing NSW.

The Club Secretary advises that in the event the Club is unable to meet the anticipated minimum venue standards they will not be able to conduct race events.

Should Council consider selling the land to the Jockey Club it would need to first reclassify the land from Community to Operational.

This process can only be achieved through the gazettal a Local Environment Plan pursuant to cl 27 of the Local Government Act 1993 and the provision of the Environment and Planning & Assessment act 1979.

The process requires application to the Minister for Planning, environmental studies measuring the impact of the proposed reclassification, conduct of a public hearing and the exhibition of the Draft LEP and finally Ministerial consent.

Should Council elect to sell the land to the Jockey Club it is recommended that a contract for sale encompass provision whereby completion of the contract would be subject to and conditional upon the above-mentioned process. Further it is recommended that the Purchaser meet the costs of (or at least contribute to) the reclassification process and legal costs associated with the sale.

Council should also consider their control of the facility beyond the Transfer to the Jockey Club. To ensure ongoing control it is recommended that a Contract for sale include provision whereby Council has a right of first refusal or a buy back option for the price the land is sold in the event the Jockey Club seeks to sell or transfer the land in the future.

CONSULTATION:

Mr Graham Brookes – Secretary Nambucca River Jockey Club

SUSTAINABILITY ASSESSMENT:

Environment

The recommendations do not give rise to any environmental issues.

Social

The Jockey Club provides a significant and valuable attraction to the Bowraville community in conducting their race events, particularly the Bowra Cup. Accordingly Council should consider how it may facilitate the continued operation of the Club.

Economic

The rent income generated by way of the Lease Agreement of the Council land and Reserve are nominal. Conversely costs associated with maintenance and repairs are virtually nil on account of the Jockey Club attending to the upkeep of the precinct. The club reports generating significant economic activity for the Village of Bowraville on race event weekends, particularly the Bowra Cup event.

Risk

The recommendations do not pose any significant risk to Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Only nominal rent is generated from the Licence Agreements. Administrative cost for the management of the Licence would exceed rentals income.

It is recommended that the purchaser meet any out of pocket expenses incurred by Council as a consequence of the sale (should it be decided to pursue this matter).

Source of fund and any variance to working funds

It is recommended that the purchaser meet any out of pocket expenses incurred by Council as a consequence of the sale (should it be decided to pursue this matter). Accordingly no variation to working funds is expected.

Allocation of sale proceeds has not been considered at this stage.

Attachments:

1View

16537/2009 - Map for the Bowraville Racecourse Precinct

Ordinary Council Meeting

16 July 2009

General Manager's Report

ITEM 9.5 SF1213 160709 Special Rate Variation and Making of Rates - 2009/2010

AUTHOR/ENQUIRIES: Jenita Hunt, Rates Officer

Summary:

The Minister for Local Government has determined Council’s application for Special Variation to General Income.

In addition to the approved rate pegging of 3.5% the Minister has approved a special variation increase of 1.12%.

Council is now required to make the rates and charges in accordance with Section 535 of The Local Government Act 1993.

Recommendation:

1 That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the annual standing charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Local Government Act 1993 for 2009/2010 is made at sixty six dollars ($66.00) per assessment, for a 20mm or 25mm connection, two hundred and sixty four dollars ($264.00) for a 40mm connection, four hundred and twelve dollars and fifty cents ($412.50) per assessment for a 50mm connection, one thousand and fifty six dollars ($1,056.00) for a 80mm connection and one thousand six hundred and fifty dollars ($1,650.00) for a 100mm connection, with a consumption charge of one dollar and thirty seven cents ($1.37) per kilolitre to apply to all water consumption and such charges to have a short title of “Water Charge”.

2 That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Local Government Act 1993 for 2009/2010 is made at three hundred and eighty five dollars ($385.00) per assessment for single residential connections, two hundred and thirty six dollars ($236.00) per assessment for 20mm non residential connection, six hundred and four dollars ($604.00) per assessment for 40mm non residential connection, nine hundred and two dollars ($902.00) per assessment for 50mm non residential connection, two thousand one hundred and ninety eight dollars ($2,198.00) per assessment for 80mm non residential connection, three thousand three hundred and eighty eight dollars ($3,388.00) per assessment for 100mm non residential connection and two hundred and twenty six dollars ($226.00) for vacant land/non connection with a sewer usage charge of one dollar and eighty six cents ($1.86) per kilolitre to be calculated on the estimated volume discharged from all properties excluding single residential connections using the total water consumption based on Land and Water Conservation's formula and Department of Energy, Utilities and Sustainability's best practice pricing guidelines and such charge to have a short title of "Sewerage Charge".

3 That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the waste management tip provision charge for 2009/2010 is made at ninety eight dollars ($98.00) per assessment for properties which do not receive a domestic waste or other waste service; such charge to have the short title of “Waste Management Tip Provision”.

4 That in accordance with Section 496 of the Local Government Act 1993, the annual charge for 2009/2010 for domestic waste service on all occupied rateable land in the Shire, categorised Residential or Farmland under Section 515 or 516 of the Local Government Act 1993 to which a domestic waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Domestic Waste Management — Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 is the unit price.

5 That it be confirmed that in accordance with Section 496 of the Local Government Act 1993 the annual charge for 2009/2010 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development lots along rural roads contiguous to developed estates, all ribbon development lots along rural roads immediately opposite to developed estates, and categorized RESIDENTIAL – VILLAGE/ESTATES, where the domestic waste collection service is available, is made at one hundred and twenty six dollars ($126.00) per assessment, such charge to have short title of “Domestic Waste Management – Vacant”.

6 That it be confirmed that in accordance with Section 501 of the Local Government Act, 1993 the annual charge for 2009/2010 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Local Government Act 1993) to which a waste service is provided, is made at four hundred and thirty eight dollars ($438.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Waste Management — Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 is the unit price.

7 That it be confirmed that in accordance with Section 502 of the Local Government Act 1993 the waste service charge for 2009/2010 for actual use of accessing weekly waste service by non rateable properties is made at eight dollars and forty two cents ($8.42) per week per service per separate occupancy per land parcel/assessment, such charge to have the short title “Waste Management — Non Rateable”, and the amount of the charge will be the amount derived by applying the formula A = B x C X $8.42, where “A” equals the charge, “B” equals the number of separate occupied sites, "C" equals the number of weekly services and $8.42 is the unit price per service per week.

8 That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual charge for waste for 2009/2010 on all vacant rateable land in the Shire, categorised business (under Section 518 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and twenty six dollars ($126.00) per assessment, such charge to have a short title of “Waste Management — Vacant”.

9 That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Management—Residential Charge".

10 That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Management—Residential Strata Charge".

11 That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed urban business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Management Business Charge".

12 That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2009/2010 for stormwater management services on all rateable privately owned developed urban business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres divisible on a pro rata basis between the strata lots, such charge to have a short title "Stormwater Management-Business Strata Charge".

13 That a rate of zero point three two one six nine one cents in the dollar (0.321691¢) on the land value of all rateable land in the rating category of “Farmland”, be now made for the year 2009/2010, subject to base amount of four hundred and forty five dollars ($445.00) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point seven four (29.74) per cent of the total amount payable by the levying of this ordinary rate for this category so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Local Government Act 1993 as amended, such rate to have a separate short title of “Farmland” in accordance with Section 543 of the Act.

14 That a rate of zero point three eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Residential-Town” and “Residential-Village/Estates”, such rate to have a separate short title of “Residential-Rural” in accordance with Section 543 of the Act.

15 That a rate of zero point three eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential”, sub category “Town” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25)per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, and land not otherwise categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential-Town”, in accordance with Section 543 of the Act.

16 That a rate of zero point three eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential – Village/Estates”, in accordance with Section 543 of the Act.

17 That a rate of zero point five three eight zero four eight cents in the dollar (0.538048¢) on the land value of all rateable land in the rating category “Business” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all properties categorised as “Business”, pursuant to Section 518 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Business-Manufactured Home Community”, “Business-Caravan Park”, “Business-Commercial” and “Business-Industrial”, such rate to have a separate short title of “Business” in accordance with Section 543 of the Act.

18 That a rate of zero point five three eight zero four eight cents in the dollar (0.538048¢) on the land value of all rateable land in the rating category “Business”, sub category “Manufactured Home Community”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties being Assessment Number 2495/03270.4 known as “Faringdon Village” and Assessment Number 2836/52700.8 known as “Newville Cottage Park”, such rate to have a short title of “Business-Manufactured Home Community” (Man Home Comm) in accordance with Section 543 of the Act.

19 That a rate of zero point nine two six zero nine six cents in the dollar (0.926096¢) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to the rateable properties being Assessment Numbers:

1998/10000.0	Nambucca River Tourist Caravan Park
2011/00000.3	Pelican Caravan Park
2812/10000.2	Headland Caravan Park
2841/00000.9	Foreshore Caravan Park
3219/00000.1	Nambucca Beach Holiday Park
3334/50000.0	Aukaka Caravan Park
32342/70102.9	White Albatross Holiday Centre
3695/21000.1	Valla Park Resort

such rate to have a short title of “Business-Caravan Park”, in accordance with Section 543 of the Act.

20 That a rate of zero point eight six six six six three cents in the dollar (0.866663¢) on the land value of all rateable land in the rating category “Business”, sub category “CBD” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, Scotts Head and such rate to have a separate short title of “Business-CBD” in accordance with Section 543 of the Act.

21 That a rate of zero point five three eight zero four eight cents (0.538048¢) in the dollar on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads, Macksville, and such rate to have a separate short title of “Business-Industrial Estate” in accordance with Section 543 of the Act.

22 That a special rate of zero point zero one zero seven one five cents (0.010715¢) in the dollar on the land value of all rateable land in Council’s area (Section 538) be now made for the year 2009/2010, subject to a base amount of seventeen dollars ($17.00) per assessment (Section 499) so that the levying of the base amount will produce forty nine point seven (49.7) per cent of the total amount payable by the levying of the special rate so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act. Such special rate to have a separate short title of “Environmental” in accordance with Section 543 of the Act.

23 That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

24 That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

25 That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade Waste with one dollar and forty eight cents ($1.48) for the Usage Charge per kilolitre be now made for the 2009/2010.

26 That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 3 (High Risk) Sewer Trade Waste with a one dollar per kilogram for Excess Mass Charge now be made for the year 2009/2010.

27 That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste now be made for the year 2009/2010.

28 That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Caravan Dump Effluent Disposal with a charge of one hundred and fourteen dollars ($114.00) for Disposal at Treatment Works with a maximum of 2,500L Disposals over 2,500L will have an additional charge of forty one dollars ($41.00) per 1000L.

DISCUSSION:

The office for the Minister for Local Government has advised that the Minister has approved Council's rating variation application. The Minister's instrument formally approving this variation is now at hand.

The Minister has approved an overall increase in general income of 4.67%. In addition to the approved rate pegging increase of 3.5% the Minister has approved a special increase of 1.12. Council's minimum rate has also been increase to $648.25. The increase is made up of the following components:

%	Description
-0.03	Excess Adjustment
-0.02	Valuation Objections
0.10	Income Adjustment for Farmland Rates written off in excess of 20% greater than the prior year levy
3.50	2009/2010 General Variation
1.12	Special Variation
4.67	Total Variation

CONSULTATION:

Rates Officer

Department of Local Government

SUSTAINABILITY ASSESSMENT:

Environment

This report has no environmental impact.

Social

This report has no social impact.

Economic

There is no economic impact.

Risk

There is no risk to Council.

FINANCIAL IMPLICATIONS:

Council’s adopted 2009/10 budget included the special rate variation increase, therefore there are no additional financial implications to the adopted budget.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.1 SF1148 160709 Contract Regulatory Officer's Report - June 2009

AUTHOR/ENQUIRIES: Phillip Gall, Manager Health and Building

Summary:

The following is the Contract Regulatory Officer’s Report for June 2009.

Recommendation:

That the report from the Contract Regulatory Officer for June 2009 be received and noted by Council.

Dogs	Total	Total
Seized		13
Returned to Owner	3
Impounded	10
Total Seized	13	13
Breakdown	Total	Total
Seized		13
From Previous Month		12
Stolen Dog Recovered		0
Released to Owner	1
Returned to Owner	3
Euthanized	12
Currently in Pound	8
Sold	1
Stolen from Pound	0
Total in Pound	25	25
Dumped	0
Surrendered	1

Cats	Total	Total
Seized		18
Returned to Owner	0
Impounded	18
Total Seized	18	18
Breakdown	Total	Total
Seized		18
From Previous Month		0
Released to Owner	0
Returned to Owner	0
Euthanized	18
Currently in Pound	0
Sold	0
Escaped from Pound	0
Total in Pound	18	18
Dumped	0
Surrendered	4

Kilometres travelled

3180

Cattle	Breakdown	Total
Seized		1
Returned to Owner	1
Impounded	0
Total Seized	1	1

CSR’s (Customer Service Requests) Actioned – Not including Merit

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.2 SF1261 160709 Outstanding DA's >12 months, applications where submissions received & not determined 4 July 2009

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. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

Recommendation:

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.

OPTIONS:

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/269

30/06/08

Deck, Garage & Alterations

Lot D Section 9 DP 5611, 48 High Street, Bowraville

18/07/08 letter to applicant requesting fees for advertising. 21/07/08 Fees received. 22/07/08 Adjoining owners notified & newspaper advertising, expire 8/08/08 - 7/8/08 Objection received - Grace - Report to Council 20/11/08

Council deferred this matter as its 15/01/09 meeting.
Noise assessment undertaken. Identified issues to be taken up with noise generator.
Matter to be reported back to Council in near future

2/7/09 Deferred for 4 weeks at the request of the applicant

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE: 1

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

2009/087

05/01/2009

67 Lot Residential Subdivision

Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road

§ Request for pedestrian and buggy access to remain

16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks
10/02/09 Applicant requests extension for submission of noise report
Extension granted until 9 March 2009
9/03/09 7 Day letter sent requesting outstanding information to be submitted

18/03/09 Noise report submitted Application being assessed.

27/04/09 Department of Lands have advised that they don’t support use of the TSR – subdivision layout may need to be amended – discussions ongoing between Department of Lands, Council and the applicant. Council has advised the applicant to submit an amended plan – applicant has agreed & amended plan being prepared.
20/05/09 Amended Plan submitted – awaiting Traffic Report
16/06/09 Traffic Report submitted – referred to DES for comments

2009/128

25/02/2009

2 Lot Rural-Residential Subdivision plus Residue

Lot 10 DP 1033603, Scotts Head Road, Way Way

§ Issues with the removal of native bushland, placement of building envelope and rainwater run off

§ Access is a high hazard floodway

§ 7B Wetlands vulnerability to be considered

§ Believes has area of threatened species

§ An established WIRES Wallaby rehabilitation and release program area could be jeopardised

§ Concerns re bushfire hazard protection and dwelling envelopes

01/04/09 Application referred to Department of Natural Resources for undertaking of creek crossing

21/04/09 NSW RFS not prepared to issue 100B approval

27/04/09 Amended plans and Bushfire Report

18/06/09 Council resolution for applicant to be given opportunity to relocate building envelope to reduce clearing impacts –

23/06/09 - 30 day letter sent

1/07/09 – Amended subdivision plans received

Currently being assessed

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/143

18/3/2009

2 Lot Residential Subdivision

Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head

§ Concerns with stormwater system, removal of rocky outgrowths for road widening, speed limit, dogs and entry to beach

§ Support application but would like ROW marked on the plans and restriction of fill

Submissions being reviewed.

22/04/09 Applicant requested to submit Coastal Hazard Assessment.

05/05/09 Written request from Applicant that Council await preliminary data from SMEC to use in its assessment of Sea Level Rise & Coastal Hazard Impacts. SMEC data due by end of May.
Information not yet received – expected by the end of July

Assessment will recommence on receipt of data.

2003/028/01 Modification

12/05/09

Dwelling-House

Lot 851 DP 1038800, 359 Rhones Creek Road, Talarm

§ Construction materials – roofing (zincalume) & reflection issues

§ Siting of water tanks

§ Solar panels (not shown on original plans)

§ Non-compliance with original consent condition (vegetation buffer)

1/7/09 - Site inspection carried out and owner advised of requirement to change the roofing colour and amended plans to be submitted showing solar panels

Application to be dealt with by late-July

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.3 SF1261 160709 DEP Applications and Statistical Reports July 2008-June 2009, 2002-2009 and Certificates Received 2004-2009

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

Summary:

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

Recommendation:

1 That Council note development application statistics and processing times for July 2008-June 2009 compared with July 2007-June 2008.

2 That Council note development application statistics and processing times for the years 2002 to 2009.

3 That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-30 June 2009.

4 That Council note the statistical information for Certificates received by Council for 2004-2009.

Development Application Statistics

The figures show a 29.18% decrease in the number of DA’s received for July 2008-June 2009 with construction costs decreasing by 10.95% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of June was 12 plus 3 modification.

DA’S AND COMPLYING DEVELOPMENT

	Construction Costs	No Applications Received	Applications Approved (DA & CD)
July 2007-June 2008	$54,799,241	301	301
July 2008-June 2009	$49,393,046	233	209

FINANCIAL:

Direct and indirect impact on current and future budgets

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

Source of fund and any variance to working funds

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009
Month	Mean Time	Median	#Average age of DA’s (Days)
Month	Mean Time	Median	*Average*	*Highest*	*Lowest*
January	41.75	40	51	83	32
February	90.00	54	165.1	575	17
March	36.27	33	51.70	140	3
April	34.59	21	53.23	153	2
May	62.94	36	72.72	307	12
June	45.60	35	85.36	939	12

#Average age of DA’s

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

COMPLYING DEVELOPMENTS RECEIVED

YEAR	Jan	Feb	Mar	Apr	May	June	July	Aug	Sept	Oct	Nov	Dec	Total
2007 Private Cert	5	3	4	1	2	4	4	3	5	4	6	1	42
2007 Council	0	3	3	1	3	4	7	0	1	2	6	3	33
2008 Private Cert	0	3	1	4	6	2	6	4	2	2	6	6	44
2008 Council	2	2	2	3	2	5	2	2	2	7	1	3	33
2009 Private Cert	3	7	6	4	3	2							25
2009 Council	1	3	2	2	3	2							13

CONVEYANCING CERTIFICATES ISSUED

YTD (June)	Drainage Diagrams	Section 149 Certs	Outstanding Notices
2004	170	449	123
2005	133	385	78
2006	135	352	109
2007	139	422	104
2008	151	359	100
2009	121	405	88

OCCUPATION CERTIFICATES RELEASED

YEAR	Jan	Feb	Mar	Apr	May	June	July	Aug	Sept	Oct	Nov	Dec	TOTAL	Average/ Month
2002	20	3	7	8	15	7	13	13	16	13	13	14	142	11.80
2003	18	7	7	14	24	19	18	10	17	17	21	19	191	15.90
2004	11	15	17	20	18	20	20	17	16	23	26	30	233	19.41
2005	10	28	29	18	26	12	14	28	26	24	19	18	252	21.00
2006	26	26	12	20	27	24	20	18	25	23	10	15	246	20.50
Private 2007	1	0	0	3	7	5	3	2	3	2	9	5	40	3.33
Council 2007	6	20	14	7	22	13	12	10	14	13	8	12	151	12.58
Private 2008	4	0	4	2	4	5	5	8	7	11	4	7	61	5.08
Council 2008	12	16	9	9	29	12	19	25	16	20	17	13	197	16.41
Private 2009	1	4	5	3	2	3							18	3.00
Council 2009	21	11	19	14	14	15							94	15.66

Attachments:

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Ordinary Council Meeting

16 July 2009

Director Environment & Planning's Report

ITEM 10.5 SF42 160709 Report on Department Of Local Government Circular 08-61 - Plumbing Inspections By Council

AUTHOR/ENQUIRIES: Phillip Gall, Manager Health and Building

Summary:

Council dealt with a report in relation to the circular on 20 November 2008 and resolved in the following manner:

1 That Council make urgent representations to the Department of Local Government and the Local Government & Shires Association to lobby to have the NSW Plumbing & Drainage Code of Practice (2006) amended to remove reference to the qualifications required to undertake plumbing and drainage inspections.

2 That in the meantime Council maintain the status quo with its current inspection regimes and responsible officers.

3 That the matter be brought back to Council in three (3) months, or sooner if further advice is received.

This matter has lead to staff being referred to a number of Government Departments in an attempt to seek clarification in relation to whether Council’s Health and Building Surveyors are required to hold a Plumbers Licence to enable them to undertake inspections of work on private lands undertaken by Licensed plumbers for sewer, plumbing and drainage works associated with Council’s sewerage systems and any on-site sewerage management systems.

Recommendation:

That the information be noted with no further action be taken in relation to the Department of Local Government Circular 08-61.

OPTIONS:

It is considered that following the advice from the Office of Fair Trading and Commerce there are no other worthwhile options. This will need to be reviewed following the final report in regard to water and sewer utilities.

DISCUSSION:

Council's request for clarification in regard to qualifications required to under taker sewer inspections from the Department of Local Government lead to a referral to the Department of Water & Energy.

Discussions with representative from the Department of Water & Energy indicated the requirements for Inspectors of plumbing works to be licensed came from within the Home Building Act 1989.

Further inquiries to the Office of Fair Trading & Commerce who administer the Home Building Act were made, with a response being received on the 23 June 2009, (see copy of email reprinted at the end of the report).

After speaking with representatives of the various Departments it now appears that Council’s who are the responsible water and/or sewerage Authority have the right to authorises appropriate persons under the Local Government Act 1993 to carry out such inspections on Council’s behalf.

Council’s Health & Building Surveyors have the required delegations to carry out such inspection works whilst ever Council remains the appropriate Authority.

Discussions with representatives from other Local Government Authorities within rural areas of the state have indicated that the majority have made no changes to their mode of operations in relation to who carries out plumbing inspections within their councils. What is interesting is that due to the significant shortage of qualified Health and Building Surveyors some rural and regional Council's have employed Licensed plumbers to pick up this aspect of their operations.

Whilst some of the larger specialised water & sewerage supply authorities have also engaged specialised plumbing inspectors.

CONSULTATION:

Department of Local Government

Department of Water & Energy

Office of Fair Trading

Other Local Government Authorities including Ballina, Lismore, Coffs Harbour, Gunnedah, Moree Plains Wakool

SUSTAINABILITY ASSESSMENT:

Environment

No impact on the environment as this matter is an operational matter.

Social

No impact.

Economic

No economic impact.

Risk

There is not expected to be any risk as the appropriate delegations have been provided by Council to the General Manager and onto the staff carrying out the works under section 378(2) of the Local Government Act 1993.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is not expected to be any impact on current and future budgets as the status quo remains. Any future changes to the creation of regional water & sewerage authorities or alliances between local authorities may see the inspection function transfer to any new authorities, but this would be subject these new authorities or alliances being established through any change in legislation adopted by the State government in the future.

Source of fund and any variance to working funds

Funds for these operations of Council are covered by section 68 application fees, under the Local Government Act 1993.

Copy of Email from Commissioner for Fair Trading

Dear Mr Gall

Sorry about the late reply to your enquiry (I have been on leave).

You have enquired to the Office of Fair Trading whether a plumbing licence is required to supervise plumbing inspection.

The Home Building Act 1989 does not specifically mention inspections in the legislation.

Under the Act, a licence in the class of ‘Plumber’ or Water Plumber is required to carry out any water plumbing work.

Water plumbing work is defined under the Act as work of water supply as defined in AS/NZS 3500.0:2003, Plumbing and drainage, including such work on pipes and fittings, whether or not connected or intended to be connected to a water main, that are in a building in which any part of the sewerage service is connected to a septic tank, effluent system or sullage system.

The work of water supply as defined in AS/NZS 3500.0:2003 is the construction, alteration, extension, disconnection, maintenance, repair, renewal or cleaning of any pipes or fittings of any water service connecting or intended to connect directly or indirectly with any water main of an authority.

If the method used to inspect the plumbing falls within the above definition, the tradesperson carrying out the inspection requires a licence in the class of ‘Plumber’ or Water Plumber under the Home Building Act 1989.

However, there is other NSW legislation that regulates the plumbing industry.

Those Acts are:

· Sydney Water Act 1994

· Hunter Water Act 1991

· Local Government Act 1993

· Water Management Act 2000

If your plumbing inspections fall under the jurisdiction of one of the above Acts, you would need to comply with their requirements as well.

Regards

Tony Travers

A/Co-ordinator

Information Communication Unit

Home Building Licensing

For Commissioner for Fair Trading

Phone: 02 9895 9995

Attachments:

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