NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

17 June 2010

 

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

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

 

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

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

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

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

 

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

 

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

 

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

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as outlets in all towns and villages of the Shire and Council?s website: www.nambucca.nsw.gov.au

 

 


NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 17 June 2010

 

Acknowledgement of Country????????? ? (Mayor)

 

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

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 3 June 2010

5??????? DELEGATIONS?Motion to hear Delegations

6??????? ASKING OF QUESTIONS WITH NOTICE ??

7??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? Integrated Water Supply Management Strategy - Report of Value Management Workshop held on 12 May 2010

8.3???? Proposed Memorandum of Understanding with the Northern Rivers Catchment Management Authority

8.4???? Options for Insurance of Council's Buildings

8.5???? General Manager - Delegations of Authority

8.6???? Financing of Environmental Defender's Office

8.7???? Proposed lease for encroachments onto Reserve R88941 by Nambucca Beach Holiday Park

8.8???? Report on Workshop for Saleyard Safety and Compliance

8.9???? Tenders for Provision of Banking and Associated Services - T008/2010

9??????? Director Environment and Planning Report

9.1???? Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 June 2010

9.2???? DA's and CDC's Received and Determined under Delegated Authority 25 May-7 June 2010

9.3???? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

9.4???? Contract Regulatory Officer's Report - May 2010

9.5???? Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 28 May 2010

9.6???? Report on Nambucca Shire Crime Prevention Plan

10????? Director Engineering Services Report

10.1?? Nambucca Emergency Operations Centre Committee Minutes - 2 June 2010

10.2?? Status of Plans of Management for Community Land ???

 

 

GENERAL PURPOSE COMMITTEE MEETING ? 16 JUNE 2010


 

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

11.1?? General Manager - New Employment Contract

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.

??

??????????? a????? Questions raised by Councillors at 7 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii?????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv??????? DEAL WITH MOTION TO CLOSE THE MEETING

12????? MEETING CLOSED TO THE PUBLIC

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

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

??????? ?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.1????? SF959????????????? 170610???????? 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.

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

JULY 2008

1

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Preparation of Plan of Management commenced.

Nambucca River Masterplan has identified possible users.

Low priority.

Plan will need to be prepared by an external consultancy.? A budget will need to be provided.

 

A report is being prepared on Community Land to identify the need and priority for new Plans of Management.

 


OCTOBER 2008

2

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads ? report re geotechnical engineers re stability of Riverside Drive

 

 

DES

 

Catchment Assessment:

Final report assessed.? Maintenance recommendation included in works program.? There are a number of existing stormwater inlet pits within the study area which require maintenance.? These pits are blocked with vegetation and debris both within the pit and in the grate and lintel, grates are broken, and lintels are broken, reducing the inlet capacity of each pit.? Maintenance and repair of these pits will at least ensure each pit is functioning to its capacity.

 

Phase 2 analysis of pipeline from Bismark to Nambucca Streets authorised.? Not expected to be completed until 30 June 2010.

 


FEBRUARY 2009

 

3

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

Preparation of Plan of Management commenced.

Requests for information sent to Nambucca Heads Local Aboriginal Land Council and DECC.

The Lands Council has advised they will charge for an archaeological assessment.

In respect to the Kingsworth Lake Reserve the potential for Aboriginal objects to be found near this area is HIGH and inspections should be carried out as a walk over site survey should any activity be planned for this area.

Plan will need to be developed by an external consultancy.? A budget will need to be provided.

 

A report is being prepared on Community Land to identify the need and priority for new Plans of Management.

 

 

MAY 2009

 

4

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

GM

First letter sent 4 December 2007.

November 2009.

Followup letter sent.

26 June 2009.

No reply at 17 July 2009.

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

No reply expected until Scotts Head Master Plan completed.

Followup letter sent 24 May 2010.

 

 

JULY 2009

 

5

SF283

16/7/09

Option for a rebated access ramp in lieu of removal of podium in Council Chambers is put to the Access Committee.

 

DES

Matter presented to Access Committee 28 July 2009.

Matter deferred for consideration at next Access meeting.

Matter further deferred for consideration by Committee.

Matter discussed and will come back to Council with recommendation.

Access Committee minutes to come to Council.

Concept design to be provided to Council. (Technical Officer ? Assets)

Report to GPC 16 June 2010.?

 

 

6

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

Deferred to December 2009.

Quotes being sought for fibre optic link to the Library.? Will report when quotes are in.

Indefinitely delayed due to workload, illness and completion of Civica (Authority) implementation.

Provision made in Budget for 2010/11

 

 

AUGUST 2009

 

7

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed for Briffen fencing.

(Not suitable).

Guardrail design and costing in progress.

Expected cost $30,000 to install.

Work to be completed June 2010.

Contractor engaged.

 

8

5.2

Notice of Motion

20/08/09

Council receive a bimonthly report that individually lists all required flood restoration work and the current status of each job.

 

DES

19 November 2009

July 2010

9

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

OCTOBER 2009

 

10

SF1075

15/10/09

Council review staffing requirements & costs for CCP milestones as well as the savings made in 12 months time.

 

DES

October 2010

NOVEMBER 2009

 

11

SF1269

5/11/09

Council write to the Premier and Lands Department and to the Minister for Local Government requesting that caravan parks on crown land pay general rates.

 

GM

Letters sent 11 November 2009.? Rate notice issued for Scotts Head Caravan Park to Trust Manager.

Follow up letter sent 12 January 2010.

Minister has now responded advising that the Scotts Head Caravan Park, being located on part of Reserve 65963 for Public Recreation and Resting place, complies with the criteria outlined in Section 556 of the Local Government Act 1993 and qualifies for exemption from the general rate.

A copy of the Minister?s letter has been circulated to Councillors.

Notwithstanding the Minister?s response, legal advice is to be sought.

Legal advice has been obtained confirming requirement to pay general rates.? Advice has been referred to Minister for his consideration and comment.

 

JANUARY 2010

 

12

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going.

 

 

 

 

13

SF839

21/01/10

General Manager uphold resolution of 18/12/2008 that as a matter of policy Council be forwarded draft Plans of Management by way of memo at least three weeks before a GPC meeting so those comments can be considered after collation and prior to the next GPC meeting.? This also applies to draft policies.

 

GM

On-going

 

FEBRUARY 2010

 

14

SF1471

18/02/10

That Council write to the Minister for LG seeking permission not to have a Bi-Election for a casual vacancy

 

GM

Letter written 24 February 2010

 

15

SF1471

18/02/10

Council canvass option on reducing Councillor numbers in the next customer survey

 

GM

Provision for Customer Survey to be made in 2010/2011 budget

 

16

SF741

18/02/10

That a further report be prepared on the operation of the Paveline Machine from July 2009 to June 2010

 

MCW

Report in August 2010

 


 

MARCH 2010

17

SF430

18/03/10

Council look at funding from the Environmental Levy to clear camphor laurels and that.

 

Council apply for urgent funding from NPWS Conservation grants.

 

Send copies of residents? petitions to Ministers and invite them to meet with Council and residents onsite.

 

DEP

In progress.

Funding application submitted and letter sent to the Minister.

 

Response from the Scientific Committee received.

 

Application made to deccw and Federal Department of Environment for removal of all camphour laurels.? Awaiting response.

No response staff changeover.

DoE application to remove camphor laurels to be determined 11 June.

DECCW application still being processed in Sydney.

Removal of understorey wooden weeds and other noxious weeds currently being removed by Landcare.

 

18

SF1354

18/03/10

That Council write to the RFS to query why program costs were underestimated for the current year.

 

DES

Draft budget figures provided to RFP for explanation.

No response as at 23/4/2010.

RFS are changing to a 4 year plan that is reviewable annually.

 

APRIL 2010

19

SF1471

1/04/10

Council receive a report which includes a recommended brief and budget to undertake further investigation of an on-stream dam.

 

GM

Report to Council?s meeting on 15 April 2010.? Brief issued to Department of Services for a response on 16 April 2010.? Work underway as at 21 May 2010.

20

SF1471

1/04/10

Councillors to be advised regarding time and date of special meetings or workshops.

 

GM

On-going

21

SF1471

15/04/10

That prior to any meeting with the RTA, a list be provided to the RTA, the Department of Planning and Councillors identifying all issues Council has in regard to the flooding.

 

GM

Letter identifying all issues sent to Dept. of Planning and RTA on 29/4/2010.? Letter to Dept. of Planning also advises that Council does not accept RTA?s environmental assessment.

Bob Higgins attending GPC 16 June.

 

22

SF1484

15/04/10

Council consider funding an assessment of the odour issue (Tewinga piggery) in the 2010/11 budget.

 

DEP

To be reported in May/June 2010 with the draft budget.

Considered in budget report.

23

SF1269

15/04/10

That a report with a recommendation on boundaries for collector areas comes back to Council before the end of October 2010 for consideration.

 

DEP

Report in September 2010.

24

SF30

15/04/10

That Council meet with reps from the other 2 Councils within the next 12 months to discuss the future of the Clarence Regional Library particularly in relation to the 10% per capita contribution increase.

 

DEP

Meeting to be arranged and reported to Council.

25

SF1446

15/04/10

That a report be prepared on the condition of Council?s public amenities buildings.

 

DES

Report for 16 June 2010 GPC.

26

SF1446

15/04/10

A report be prepared on options for the insurance of all Council buildings.

 

GM

Report on or before June 2010 GPC.

27

SF1031

15/04/10

A report comes to Council in 6 months time to review the take up rate of the new tank rebate and identify any Council buildings where a rainwater storage tank could be installed.

 

DEP

Report to October 2010 GPC.

MAY 2010

28

SF380

6/05/10

Loan and lease matters relating to Bowraville Theatre are deferred for one month.

 

GM

To be reported in July 2010.

Loan and lease has been discussed with the BAC who are to meet on 15 June to finalise a position.

 

29

SF324

6/05/10

That Council defer requesting the Committee of Management to consider the opportunity for transfer of trusteeship of the Boulton?s Crossing Reserve to the NPWS until the Minister makes a decision on whether the number of sites can be maintained.

 

GM

Pending advice from Minister/Department.

30

SF341

6/05/10

Council defer consideration of a request to change the name of the Valla Beach Urban and Hall CoM to the Valla Urban and Hall CoM to provide for consultation with the Valla Public Hall CoM.

 

GM

Letter sent 12 May 2010.? Response received from Valla Public Hall objecting to the name change.? Has been recommended that both Committees meet to consider alternatives.

31

SF1064

6/05/10

Council make urgent representations to both the NSW Government and Opposition concerning the removal/deferral of funding from the Country Towns Water and Sewerage Program arising out of the November 2009 Mini Budget and the impact that this will have on the proposed off river storage.

 

GM

Letters sent 10 May 2010.

32

SF1461

20/05/10

Council respond to the draft Library Regulation 2010 with strong representations on the inadequacy of the current State Government subsidy and seek the support of the Shires Association.

 

DEP

Responses being developed.

33

SF21

20/05/10

Council reconsider the budget allocation for 2010/11 to allow the cost of addressing risks at the Saleyards identified in the South Eastern Safety Report.? Also that Council receive a report on all future options for the Saleyards.

 

GM

To be considered in finalising draft budget for 2010/11 in June 2010.

34

SF98

20/05/10

Road naming ? item be deferred so that Unkya LALC can be consulted regarding appropriate local Aboriginal names.

 

DES

No response at this stage.

35

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.? Also dot points be replaced with no?s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going

36

SF624

20/05/10

Council defer consideration of the MOU with the Northern Rivers CMA until it can be considered by all Councillors.

 

GM

Report on MOU has been relisted for Council?s meeting on 17 June 2010.

37

SF46

20/05/10

Council consider becoming a member of the NSW Cemetery and Crematoria Association in 12 months time.

 

DEP

Report in May 2011.

38

PRF71

3/06/10

That a report be brought to Council regarding the history of attendances at the Skate Park, any disciplinary actions and that recommendations 1 to 4 be deferred until the report comes to Council.

 

DEP

Report to be prepared following consultation with the Ranger targeting July 2010 GPC.

39

SF959

3/06/10

Council receive a report on its community land which is being actively used and currently does not have a plan of management.

 

DES

 

40

SF394

3/06/10

That a report goes to Council on the amount of lost capital on the principal originally invested.

 

GM

Commentary provided in Investment Report.

41

SF358

3/06/10

In relation to the Macksville Memorial Aquatic Centre, that Council receive a report on funding sources for the projected expenditure which will be required to maintain the facility.

 

GM

August 2010.

42

SF1254

3/06/10

That Council make further enquiries as to how the Environmental Defenders Office is funded.

 

GM

Report to 17 June 2010.

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.2????? SF614????????????? 170610???????? Integrated Water Supply Management Strategy - Report of Value Management Workshop held on 12 May 2010

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Following concerns as to the affordability of the estimated $221.3m cost of the Integrated Water Cycle Management Strategy (IWCM) of which the proposed Bowraville off river water storage comprises $54m, a value management workshop was conducted on 12 May 2010.

 

The Workshop proposed a number of amendments to the adopted Scenario 3 in the IWCM which in aggregate will reduce the indicative cost of the water supply strategy from $115m to $74.6m.? Further investigation may also provide savings in the sewerage strategy.

 

 

Recommendation:

 

That Council adopt the report and recommendations of the Value Management Workshop held on 12 May 2010.

 

 

OPTIONS:

 

All previous reports and legal advice make it plain that a status quo or ?do nothing? option is not acceptable.? Council must produce an affordable Integrated Water Cycle Management Strategy which will guide its capital works program for water and sewerage services over the next 30 years.

 

 

DISCUSSION:

 

Following concerns as to the affordability of the estimated $221.3m cost of the Integrated Water Cycle Management Strategy (IWCM) of which the proposed Bowraville off river water storage comprises $54m, a value management workshop was conducted on 12 May 2010.

 

The Workshop facilitator, Mr Kevin Plummer from NSW Public Works has now submitted his report on the outcomes of the workshop.? A copy of his report is circularised.

 

The major conclusions, recommendations and actions arising from the Workshop are:

 

1.?????? There was general recognition that:

 

????????? a.?????? Do nothing is not an option

?????????

????????? b.?????? Rates and developer charges have to increase as soon as possible and the increase should ?????????????????? preferably be as close as possible to neighbouring Councils

 

????????? c.?????? A communication strategy is required to convey to ratepayers the reasons for and quantum of ???????????????? the increase

 

2.?????? A supplementary IWCM report is to be prepared and submitted to Council with revised capital ?????? works, etc, based on the adopted 1% population growth rate.? The report is to define Scenario 4 ?????? being the outcomes from the review of Scenario 3 at the Value Management Workshop.? In the ? report Scenario 4 needs to have a Triple Bottom Line (TBL) scoring using the assessment criteria ???????? developed in the IWCM study process and recommendations.

 

3.?????? The NSW Office of Water is to be advised of the reasons for the IWCM review, Council?s revision of ???????? Scenario 3 and adoption of Scenario 4.

 

The Workshop proposed a number of amendments to the IWCM Scenario 3 being:

 

????????? a.?????? The water treatment plant not be included for the typical residential bill and developer charge ???????? ????????? calculations.

 

?????????????????? b.?????? The size of the off river storage be reduced from 5,000 ML to 4,500 ML and a decision on ???? borefield extensions be deferred to allow consideration of the results of the borefield pumping ?? tests as this may avoid or reduce the need for new bores.

 

????????? c.?????? The requirement to construct a storage foundation for a future 14,000 ML capacity dam be ??????????? reviewed before detailed design proceeds.

 

????????? d.?????? The following items in the residential retrofit program not proceed:

 

?????????????????? i.??????? Micro irrigation unit installation

?????????????????? ii.?????? Washing machine rebate

?????????????????? iii.????? Cistern replacement rebate

 

????????? e.?????? Allowance for system leakage program be adjusted to $1m over 10 years.? Allowance to be ?????????? reviewed based on findings of water reduction program currently underway.

 

????????? f.??????? Rainwater tank refit program is to be reviewed to cap the cost at $2m whilst achieving ???????? appropriate take up by ratepayers.? To establish the typical cost of a rebate program a sample of up to 5 different residential house settings be assessed including cost of plumbing to ???????? provide water to garden and toilet.

?????????

????????? g.?????? The allowance for parks and gardens reuse at Macksville be adjusted to $0.5m for ???? investigation only.

 

????????? h.?????? Additional typical residential bill analysis be undertaken for scenario 4 including staged ?????? increase to TRB, financing arrangements, subsidy level, affordability etc.

 

A number of components of Scenario 3 are also to be reviewed with outcomes included in Scenario 4.? These are the provision for 400 lots in Nambucca Heads; the assumptions for population growth at Scotts Head and the proposed dual reticulation for the South Scotts Head release area as well as the program, scope and costs of all sewerage schemes.

 

As it stands, following the Value Management Workshop the revised indicative future estimates for the IWCM are:

 

????????? Water Supply Strategy???? =??????? $74.6m (down from $115.0m)

 

????????? Sewerage Strategy?????????? =??????? $106.3m (unchanged but subject to further review)

 

????????? Total IWCM???????????????????? =??????? $180.9m (down from $221.3m)

 

The Value Management Workshop has been a worthwhile undertaking and provides a clear direction for producing an affordable Integrated Water Cycle Management Strategy.? As indicated in its recommendations, further work is required before Council can consider proceeding with a detailed design for the off river water storage.

 

 

CONSULTATION:

 

The Value Management Workshop has been a consultative process involving Councillors, Council staff, and representatives of the NSW Office of Water, NSW Public Works, and NSW Water Solutions.


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

In general the IWCM, both Scenario 3 and the proposed Scenario 4, will substantially improve environmental outcomes over the ?do nothing? option.? This is due to a number of factors including:

 

1.???????? the proposed off river water storage will provide for the maintenance of environmental flows in the Nambucca River

2.???????? water conservation measures will reduce per capita consumption of water

3.???????? the upgrading of sewerage treatment plants will improve the quality of treated effluent discharged to the environment

4.???????? the reuse of treated effluent will reduce the quantity of treated effluent discharged to the environment.

 

Social

 

A good quality, reliable, potable water supply is consistently reported as of the highest importance to local communities.? In the customer satisfaction survey undertaken by this Council in December 2007, our water supply was rated as the most important Council service.

 

Economic

 

The relationship between a good quality, reliable, potable water supply and economic growth is self evident.? Without the capability to provide water and treat effluent, it is impossible to support economic growth.

 

Risk

 

Council has received advice from its solicitors, Norton Rose that if it does not proceed with the IWCM when it has been made aware there is an unacceptable risk of future water supply failure, then it is taking a grave risk of being held liable in the future for losses caused to third parties in the Council area.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial implications of the Value Management Workshop are to be detailed in a supplementary IWCM report which is to be prepared and submitted to Council with a revised capital works program based on the adopted 1% population growth rate.? The supplementary report will define and evaluate a new Scenario 4.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

?- Circularised document

 

??


Ordinary Council Meeting - 17 June 2010

Integrated Water Supply Management Strategy - Report of Value Management Workshop held on 12 May 2010

 

 

 

 

 

 

CIRCULARISED DOCUMENT

 

ITEM 8.2

 

 

Integrated Water Supply Management Strategy

Report of Value Management Workshop

held on

12 May 2010

 

 

 

 

 

?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.3????? SF624????????????? 170610???????? Proposed Memorandum of Understanding with the Northern Rivers Catchment Management Authority

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

This report was originally deferred from the General Purpose Committee on 19 November 2009 so that Council could invite Northern Rivers Catchment Management Authority to address Council with regard to what the Memorandum of Understanding (MOU) involves and issues relating to the Blueprint.

 

The Acting General Manager of the Catchment Management Authority, Mr Royce Bennett along with Board members Rod McKelvey and Steve MacDonald attended the General Purpose Committee meeting on 19 May 2010.? With Councillor South on leave the General Purpose Committee meeting was unable to make a decision on the MOU.? At Council?s meeting on 20 May 2010 it was resolved to defer consideration of the MOU until it can be considered by all Councillors.

 

The Northern Rivers CMA proposes that Council and the CMA enter into an agreement based on a set of principles for a coordinated regional approach to managing natural resources, to define the roles of each organisation, to promote information sharing and investment and to publicly demonstrate our intent to work together.? The agreement would be in the form of a memorandum of understanding (MOU).

 

The effective management of natural resources, and particularly our river system, does require a coordinated approach by relevant government agencies.? For this reason, Council should enter into the MOU for an initial period of 3 years.

 

 

Recommendation:

 

That Council enter into a Memorandum of Understanding with the Northern Rivers Catchment Management Authority as proposed in their letter of 22 September 2009.

 

 

 

OPTIONS:

 

Council can either enter into the Memorandum of Understanding (MOU) as proposed or suggest amendments or not enter into any MOU.

 

 

DISCUSSION:

 

Council has received the attached letter from the General Manager of the Northern Rivers Catchment management Authority (CMA).

 

The Northern Rivers CMA proposed that Council and the CMA enter into an agreement based on a set of principles for a coordinated regional approach to managing natural resources, to define the roles of each organisation, to promote information sharing and investment and to publicly demonstrate our intent to work together.? The agreement would be in the form of a memorandum of understanding (MOU).

 

The proposed MOU is attached.? It is in the form of a general statement of intent that is founded on the desire of both parties to facilitate the effective management of natural resources by working in partnership.? It does not require council to make any financial commitment nor does it obligate Council to determine any matters in any particular way.

 

The effective management of natural resources and, in particular, our river systems, does require a coordinated approach by relevant government agencies.? For this reason Council should enter into the MOU for an initial term of three (3) years.


CONSULTATION:

 

There has been consultation with the Northern Rivers CMA.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A coordinated approach to the management of natural resources will result in a positive outcome for the environment.

 

Social

 

There are no social implications.? The Northern Rivers CMA operates in a consultative manner and it's difficult to perceive any adverse social outcomes.

 

Economic

 

A coordinated approach to natural resources management should not have any adverse economic implications.? In fact the reverse should be the case.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

25217/2009 - Letter and Proposed Memorandum of Understanding

 

??


Ordinary Council Meeting - 17 June 2010

Proposed Memorandum of Understanding with the Northern Rivers Catchment Management Authority

 



?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.4????? SF1031??????????? 170610???????? Options for Insurance of Council's Buildings

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

It is understood that Council sought a report on options for the insurance of all Council buildings with a view to exploring opportunities for the respective Committees of Management to make a contribution to all or part of the cost.

 

Council is aware that it is very reliant on volunteer Section 355 Committees of Management to operate and undertake day to day management of its assets.? Whilst this saves Council substantial administrative cost, it is not a business relationship whereby Council can or should insist on the payment of levies.? The Committees have varying levels of support, funding and administrative acumen.? History has demonstrated it has been impossible to apply an insurance contribution policy on the volunteer Committees.

 

The only other option to reduce insurance costs is to remove buildings from Council?s insurance schedule.? However given the size of Council?s insurance portfolio the removal of one or two halls from the insurance schedule does not lead to a significant reduction in the annual premium.

 

 

Recommendation:

 

That the information concerning options for the insurance? of Council?s buildings be received.

 

 

OPTIONS:

 

Council previously sought a 50% contribution to the cost of property insurance from the relevant Section 355 Committee of Management.? This policy could not be enforced and as a consequence the level of compliance was haphazard with only about half of the Committees making the required contribution.

 

If Council wishes to revisit the previous policy in the same form or with a variation to the contribution requirement, consideration must be given to how compliance will be achieved.

 

DISCUSSION:

 

At Council?s meeting on 15 April 2010 it was resolved that a report be prepared on options for the insurance of all Council buildings.? It is understood that the intent was to explore opportunities for the respective Committees of Management to make a contribution to all or part of the cost.

 

In 2002 Council adopted the policy on Committees of Management ? Insurance Matters.? Essentially the policy sought to recover from respective Committees of Management, 50% of the cost of property insurance with the exception of the Macksville and Nambucca Heads Senior Citizens Centres.

 

However, following the adoption of the policy many Committees of Management did not met the requirements of the policy.? As a consequence a number of Committees accumulated significant arrears despite being invoiced annually.

 

The following is an extract from a report to the Works Inspection Committee on 19 March 2008.

 

?A letter has been forwarded to those Committees of Management in arrears requesting payment or alternatively to contact the General Manager to make alternate satisfactory arrangements.? A written response has been received from the Nambucca Entertainment Centre and a telephone response has been received in relation to the Macksville Sports Oval.? The latter advised they had $150 in the bank.? A copy of the response from the Nambucca Entertainment Centre is attached.

 

In the case of the Nambucca Entertainment Centre, their required contribution well exceeds most of the other facilities and perhaps more than other venues, there are community service obligations in making the venue available at a reasonable rate for charitable and not-for-profit groups.

 

The Committees of Management which have arrears and their outstanding contributions as at 11 March 2008 are as follows:

 

Grants Hall????????????????????????????????????????????????? $1,666.02

Nambucca Entertainment Centre?????????????????? $7,908.85 (have made a payment of $1,000)

Tape-Hennessy Oval???????????????????????????????????? $1,358.12

Macksville Sports Oval???????????????????????????????? $1,870.83

Macksville Sports Oval (football clubhouse)??? $? 1,511.03

Dudley Street Playing Fields????????????????????????? $???? 658.28

EJ Biffin Playing Fields???????????????????????????????? $? 1,951.57

Coronation Park?????????????????????????????????????????? $? 1,573.97

TOTAL??????????????????????????????????????????????????????? $18,498.67

 

It is obviously unfair that about half the Committees of Management are sufficiently organised to either pay their contributions or in the case of the Nambucca Entertainment Centre to make some contribution whilst others have not.? As can be seen from the spreadsheet, the policy is meant to generate user payments towards insurance of $11,340 per annum.?

 

Because of the problems of debt recovery and the large cost attributable to the Nambucca Entertainment Centre Committee of Management, the policy was abandoned at Council?s meeting on 20 March 2008.

 

Council is aware that it is very reliant on volunteer Section 355 Committees of Management to operate and undertake day to day management of its assets.? Whilst this saves Council substantial administrative cost, it is not a business relationship whereby Council can or should insist on the payment of levies.? The Committees have varying levels of support, funding and administrative acumen.? History has demonstrated it has been impossible to apply an insurance contribution policy on the volunteer Committees.

 

The only other option to reduce insurance costs is to remove buildings from Council?s insurance schedule.? However given the size of Council?s insurance portfolio the removal of one or two halls from the insurance schedule does not lead to a significant reduction in the annual premium.

 

CONSULTATION:

 

There was previously consultation with a number of Committees of Management in relation to the Policy.? There has been no consultation in relation to this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation has no impact on the environment.

 

Social

 

The recommendation has no social impact.

 

Economic

 

The recommendation has no economic impact.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no budgetary implications.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.5????? SF35??????????????? 170610???????? General Manager - Delegations of Authority

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The General Manager?s delegations were last reviewed on 6 May 2010.

 

Legislative change arising out of the Building Professionals Act 2005 (accreditation of Council?s Health and Building Surveyors) as well as recommendations from Council?s Auditor require further amendment of the delegations.

 

 

Recommendation:

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment.

 

 

OPTIONS:

 

The delegations of authority to the General Manager are at the discretion of Council.? The General Manager then has discretion to delegate such authorities to individual staff members.

 

DISCUSSION:

 

Section 377 of the Local Government Act provides that a Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) any function other than a specified list of items (a) to (u).

 

The General Manager may then delegate those functions to other staff.

 

The Building Professionals Act 2005

 

The Building Professionals Act 2005 provides that a person may apply to the Board for a certificate of accreditation or the renewal of a certificate of accreditation.? An application for accreditation to carry out certification work only on behalf of councils may not be made except on the recommendation of a council.

 

Council recommendations for accreditation must take into account the requirements of the accreditation scheme that are relevant to the category of accreditation sought; any assessment guidelines issued by the Board; the qualifications of the applicant; the experience of the applicant as known to the council and as documented by the applicant; and whether the council is of the opinion that the applicant is a fit and proper person.

 

Given the personnel matters raised by the accreditation requirements it is appropriate that the General Manager?s delegations include a new delegation under staff as follows:

 

30.13? To recommend, authorise and approve applications from staff for accreditation under the provisions of the Building Professionals Act 2005 and Regulation 2007.

 

Financial Delegations

 

In his recent Interim Management letter for the year ended 30 June 2010, Council?s Auditor has recommended that Council reconsider their delegations to ensure more appropriate review by senior management for significant purchases.? Fundamentally, the person committing Council to the expenditure should not be the person authorising the expenditure.? The person approving the expenditure should have the authority and responsibility to ensure that only valid Council business related expenditure is approved and paid.

 

The matter has been discussed with the auditor and the issue in part relates to a single A4 page which the Auditors use to verify the financial delegations of Council staff when checking orders.? For a number of staff there is ?no limit? listed for these financial delegations but reference to their full delegations indicates they are limited by the funds being available in the budget and secondly that the expenditure is the responsibility of the particular officer.

 

It is agreed with the Auditor that the key element is that the person committing Council to the expenditure should not be the person authorising the expenditure.? However concern was expressed to the Auditor that if all major expenditure had to come through the General Manager then there may well be less control as the General Manager would be expected to authorise expenditure for which he had no immediate knowledge.? Rather it would be better for Directors to authorise such expenditure and in the event that the Directors? were to commit Council to the expenditure then it come to the General Manager for authorisation.? The Auditor is agreeable to this arrangement as a means of overcoming the risk of a ?tick and flick? culture.

 

Under Council?s new Authority software there is a hierarchy established in the purchases system whereby the order automatically escalates from the person requisitioning the good or service to that person?s supervisor who authorises the expenditure.? The delegations determine the financial limits the supervisor has to authorise expenditure and in some instances they would in turn need to refer it to management for authorisation.

 

In accordance with the Auditor?s recommendations it is recommended that the existing Finance delegation 15.11 be deleted as it does not provide separation between the person committing the expenditure and the person authorising it.? It is also recommended that there be a new delegation to reflect the activity of requisitioning goods and services.

 

The proposed changes are shown in bold in the attached document.

 

CONSULTATION:

 

There has been consultation with Council?s Auditor and Finance staff.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The purpose of regularly reviewing delegations of authority is to minimise the risk of Council staff acting outside their delegations.?

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications although it needs to be acknowledged that in the absence of appropriate delegations of authority, decision making is slower and there will be the potential for increased costs.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

14124/2010 - Recommended Delegations of Authority

 

??


Ordinary Council Meeting - 17 June 2010

General Manager - Delegations of Authority

 

 

 

 

 

 

 

 

 

 

 

 

 

GENERAL MANAGER'S

 

DELEGATIONS OF AUTHORITY

 

As recommended to Council on 17 June 2010

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 


 

1.? Administration ? General

 

1.1?????? To sign all applications addressed to the Registrar General to record the Council as the registered owner of resumed land.

 

1.2?????? To release any accounting or financial record of the Council where circumstances seem to the General Manager to warrant such action.

 

1.3?????? To sign cheques and investment instructions on behalf of Council.

 

1.4?????? To authorise the supply of documents to members of Council, where such members request copies of documents that have been dealt with by Council through its meetings or have been dealt with by staff under delegated authority.? The supply of such documents must be in accordance with any legislation relevant to the disclosure of information.

 

1.5?????? To destroy or dispose of records of Council, after the expiration of six years from the last transaction thereon, other than those defined in the Regulation subject to:

 

??????????? Any record relating to accounts not being so destroyed or disposed of unless the Council?s auditors should have previously certified in writing that such record or paper is of no value

??????????? Any other record not being so destroyed or disposed of unless the General Manager shall have previously certified in writing that such record or paper is of no further value

 

1.6?????? To prepare and circulate Council?s Annual Report to residents in accordance with the Local Government Act 1993.

 

1.7?????? To deal with applications under the Freedom of Information Act 1989 and the Government Information (Public Access) Act 2009 and determine such applications.

 

1.8?????? Authority to issue photo identification cards to staff where appropriate.

 

1.9?????? To accept proposals from financial institutions and Post Offices operating in the area to act as agents for Council for the collection of payment of rates and charges.

 

1.10???? To accept service of documents on behalf of Council.

 

1.11???? To extend or renew approvals in accordance with the provisions of Section 107 of the Local Government Act (operation of sewage management systems).

 

1.12???? Authority to supply information which is readily available upon request.

 

1.13???? Sign correspondence.

 

1.14???? Act as compliance officer for the purposes of the Trade Practices Act.

 

1.15???? Approve applications for activities and events on community land.

 

2.? Administration ? Execution and Documentation

 

2.1?????? The release of caveats and execution of deeds upon appropriate certification by the relevant Council Director.

 

2.2?????? Attach Council?s seal to documents in accordance with the requirements of Clause 400 of the Local Government (General) Regulation 2005.

 

3.? Advertising

 

3.1?????? Approve the erection of under awning signs, top hamper signs and fascia signs.

 

4.? Authorised Officer

 

4.1?????? To act as an authorised officer pursuant to the following Acts and Regulations (as amended):

??????????? Public Health Act, 1991

??????????? Public Health Regulation, 1991

??????????? Food Act 2003 and Regulations

??????????? Companion Animals Act 1998 and Regulations

??????????? Crown Lands Act, 1989

??????????? Roads (General) Regulation, 1994

??????????? Roads Act, 1993

??????????? Traffic Act, 1909

??????????? Swimming Pools Act, 1992

??????????? Protection of the Environment Operations Act, 1997 and Regulations

 

4.2?????? The functions of the Public Officer in accordance with the Local Government Act 1993.

 

5.? Building Control and Building Sites

 

5.1?????? Approve or reject applications for complying development certificates and construction certificates generally, including applications where development approval has already been given by Council or approved under delegated authority, provided the plans comply in all respects with those submitted with any development application.

 

5.2?????? To determine Building Certificates in respect of buildings.

 

5.3?????? To determine applications for objections to the regulations and local policies, pursuant to Section 82 of the Local Government Act, in concurrence with the Director General, Department of Local Government or in accordance with any delegations provided to Council.

 

5.4?????? To exercise the discretionary provisions of the Local Government Act, 1993, the Local Government (Approvals) Regulation 1993 and the Building Code of Australia.

 

5.5?????? Give approval to occupy a caravan on-site where an application for a construction certificate for a dwelling has been approved and buildings under construction have reached the ground floor level and toilet and washing facilities have been provided.? Approval shall be for a maximum period of 6 months.

 

5.6?????? Upon certifying that bonded works have been completed to Council?s satisfaction, release the relevant bond.

 

5.7?????? Approve or refuse the placing of flags and bunting over private property including buildings.

 

5.8?????? To issue Certificates of Compliance for swimming pools under the Swimming Pools Act 1992.

 

5.9?????? To determine applications for exemptions under the Swimming Pools Act 1992.

 

5.10???? Authority to give notice to adjoining property owners of applications in accordance with the provisions of Section 114 of the Local Government Act 1993.

 

5.11???? In accordance with the Local Government Act and Environmental Planning and Assessment Act, reject any application within 7 days after receipt if it is not clear and easily legible.

 

5.12???? Request applicant to give more information that is necessary to enable proper determination of an application under the Local Government Act and Environmental Planning and Assessment Act.

 

5.13???? To approve of refunds being made of part of the fee paid in respect of applications which have been rejected or where the proposal is not to proceed and the appropriate plans and specifications are returned.

 

5.14???? To approve applications to erect fences.

 

6.? Cemeteries

 

6.1?????? To deal with all matters relating to the administration of cemeteries, in accordance with the provisions of the Local Government Act.

 

7.? Community Groups

 

7.1?????? Approve the lending of Council equipment to community groups and service clubs.

 

8.? Development Matters

 

8.1?????? To authorise the lodgement of a development application on land owned or controlled by Council.

 

8.2?????? Deal with letters of notification submitted by the Workcover Authority on applications received for the issue of licences.

 

8.3?????? In respect of the processing of draft LEPs and to the extent permitted by the Act, Regulation and Council policy, to:-

(a)??????? determine matters that an environmental study shall have regard to (subject to any specifications from the Department of Planning

(b)??????? determine the public authorities or bodies, other Councils and such other persons with whom to consult

(c)??????? determine the form, manner, place/s and timing for public exhibition of (any) environmental study and draft LEP

(d)??????? confirm to the Department of Planning that minor changes to draft LEPs conform generally to those adopted by Council, ie for insignificant changes such as different wording required by the Parliamentary Draftsman

(e)??????? certification of draft LEPs for public exhibition, under Section 65 of the Environmental Planning and Assessment Act in accordance with any delegations from the Department of Planning which may exist at the time;? Report to the Minister on draft LEPs, under Section 69 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time

(f)???????? Report to the Minister on draft LEPs, under Section 69 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time

 

8.4?????? For all functions of the Council or a consent authority in carrying out all the functions imposed/or conferred by Part 4 and Part 4A of the Environmental Planning and Assessment Act, 1979 with respect to applications pursuant to Section 80 of the Act, with the following exceptions:

 

(a)??????? There is a request to vary an LEP or DCP standard and there is inadequate justification for such variation.

(b)??????? There is a proposed variation of greater than 10% to a maximum height standard or maximum density standard.

(c)??????? There is a proposed variation of greater than 10% to a minimum lot size standard.

(d)??????? The development application has been ?called in? by Council.

(e)??????? Applications on land owned or under the care and control of Council.

 

Provided that where refusal of an application is proposed the applicant has been advised in writing, and offered the following options:

 

To withdraw the DA; or

To amend the DA,

 

8.5?????? The power to take injunction proceedings to cause the cessation of unauthorised activities and if necessary, to cause restoration works to take place.

 

8.6?????? Issue Section 149 zoning certificates.

 

8.7?????? Authority to approve an ?activity? once an environmental review has determined that such activity is not likely to significantly affect the environment.

 

8.8?????? Allow deferral of development contributions in accordance with the Council policy applicable at the time.

 

9.? Discharge of Mortgages

 

9.1?????? Authority to discharge mortgages held by Council on condition that Council?s Manager Financial Services certifies that all conditions of the mortgage have been met.

 

9.2?????? The authority exercised under this delegation be reported to Council.

 

10.? Emergency Services

 

10.1???? Authorise the use of Council?s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

 

10.2???? Authorise the sale of materials from Council stock under emergency circumstances, as considered appropriate.

 

10.3???? Lend materials from Council stock under emergency circumstances, as considered appropriate.

 

10.4???? Authorise participation of Council staff on the Local Emergency Management Committee.

 

11.? Entry onto Property

 

11.1???? Authority to enter any premises in order to enable Council to exercise its functions under: Local Government Act 1993;? Roads Act 1993;? Public Works Act 1912;? Noxious Weeds Act;? Swimming Pool Act 1992;? Environmental Planning and Assessment Act 1979;? Protection of the Environment Operations Act 1997;? Environment Protection and Biodiversity Conservation Act 1999;? Impounding Act 1993;? Companion Animals Act 1998;? Surveyors Act 2002;? Food Act 1998;? Public Health Act 1989.

 

12.? Environment and Pollution

 

12.1???? Consider the likely environmental impact of any activity proposed by Council as required by Part V of the Environmental Planning and Assessment Act and to determine whether or not that activity is likely to significantly affect the environment.? Generally act on Council?s behalf in matters of any kind, or in any manner, in relation to premises other than scheduled premises, under the provisions of the Protection of the Environment Operations Act 1997, and when appropriate, serve permissible notice under such Acts.

 

13.? Explosives

 

Not applicable.

 

14.? Finance ? Debt Recovery

 

14.1???? To approve the disconnection of the water supply to a property for non payment of water charges and to order the reconnection to the water supply, in cases where financial hardship prevents the repayment, in full, of the outstanding amounts.

 

15.? Finance ? Expenditure and Authorisation

 

15.1???? Authorise the payment of the salaries and wages of the servants of the Council within the sums voted by the Council for expenditure thereon.

 

15.2???? Authorise any work which, in the General Manager?s opinion is urgent, at a cost not exceeding $5,000 or such other limit beyond that amount as the Council may determine, and shall ensure that the amount for any work so authorised is submitted for payment by the Council in the same way as other accounts for goods and services against the Council.

 

15.3???? To obtain quotations and authorise the purchase of equipment, goods and services up to the value of $1,000 at any one time on items not covered by existing votes.

 

15.4???? To authorise the payment of subsidies to various organisations as provided in each year?s adopted budget.

 

15.5???? To write off accounts of less than $500.00 where every effort has been made to secure payment.

 

15.6a?? To prepare requisitions for goods and services.

 

15.6b?? Sign orders for goods and services on behalf of Council within the limits of approved funds as set out in the budget..

 

15.7???? Purchase small items of miscellaneous plant for use by Council?s workforce, within the approved allocation set by Council, where the cost of the individual items of small plant does not exceed $10,000.

 

15.8???? To concur with consultant proposals and tenders invited by State Government Departments when acting as project manager on Council?s behalf, and when the funds have been voted, the costs are less than $15,000 and Council has endorsed the brief.

 

15.9???? To invite tenders in accordance with the requirements of the Local Government Act in respect to works and services, provided that due provision has been made in the approved estimates for the incurring of such expenditure or the incurring of such expenditure is otherwise authorised.

 

15.10?? To respond to ratepayer?s requests within the constraints of the budget.

 

15.11?? To obtain quotations and authorise the purchase of goods, works and services required and to incur expenditure for such goods, works and services, provided that due provision has been made in the approved estimates for the incurring of such expenditure or the incurring of such expenditure is otherwise authorised.

 

15.12?? To be authorised to check and certify accounts against the Council.

 

15.13?? To engage consultants to assist with Council infrastructure projects (roads, bridges, water, sewerage, drainage and buildings only) where funds for the project have been approved, the project has been approved by Council and the cost of the consultancy does not exceed $150,000 are available, the project has been approved by Council and the cost of the consultancy does not exceed $150,000.

 

15.14?? To approve the payment of travelling and sustenance expenses to Council members and staff, in accordance with Council?s policy.

 

15.15?? To sign PAYG Statement of Earnings, tax stamps and separation certificates or copies thereof.

 

16.? Finance General

 

16.1???? To permit speedy payment, to formally accept grants, as provided for in Council?s annual budget.

 

16.2???? With regard to discrepancies in cashier banking, to determine amounts of $50 or less; amounts of greater than $50 to be reported to Council.

 

16.3???? Refund trust fund deposits, including contract deposits on the recommendation and certification of the appropriate Council officer.

 

16.4???? Certify that the prices and computations on vouchers have been checked and are correct and in as far as can be ascertained, are fair and reasonable, and are in accordance with any quotation/contract under which the goods/services are supplied.

 

16.5???? To approve applications for extensions of time to pay accounts against the Council, if considered appropriate.

 

16.6???? To invest any surplus of funds of the Council when and where considered advantageous to Council, provided investments shall only be made in accordance with the provisions of the Local Government Act and Council?s policies.

 

16.7???? Make (but not accept) applications for grants.

 

16.8???? Accept applications for grants which are either fully funded by the funding authority or where a co-contribution is required to be made by Council and that co-contribution has been approved by Council in the Management Plan or otherwise.

 

16.9???? To transfer Council funds electronically after approval by the Accountant.

 

16.10?? To download Council?s bank statements.

 

16.11?? To download records of payments into the appropriate financial systems.

 

16.12?? To handle Council?s petty cash monies.

 

17.? Finance ? Rates and Extra Charges

 

17.1???? To make alterations or amendment to the rate books or valuation books and initial such alterations and amendments as necessary, under the provisions of the Local Government Act 1993.

 

17.2???? To abandon rates in accordance with the Section 582 of the Local Government Act, 1993 as amended and make application for subsidy toward pensioner rebates.

 

17.3???? To determine whether land is used or occupied solely as a site of a single dwelling house for the purposes of Section 585 of the Local Government Act 1993.

 

17.4???? To inspect land for rating purposes in accordance with Section 524 of the Local Government Act 1993.

 

17.5???? Authority to determine categories for rating purposes and eligibility for rate concessions.

 

18.? General Matters

 

18.1???? Carry on the regular services and operation of the Council within the sums voted by the Council for expenditure thereon, and in accordance with the resolutions of the Council.

 

18.2???? Authorise action to be taken to comply with any policy of Council or any provision of the Local Government Act.

 

19.? Health

 

19.1???? To issue immunisation certificates in accordance with the Public Health Act 2001 and Regulations.

 

19.2???? To appoint authorised officers subject to the provisions of Section 114 of the Food Act 2003.

 

19.3???? To initiate legal proceedings for breaches of the Food Act, 2003 and regulations.

 

20.? Impounding and Animals

 

20.1???? Act in the capacity of Impounding Officer in accordance with the provisions of the Impounding Act 1993.

 

20.2???? Act in the capacity of Registrations Clerk in order to satisfy the provisions of Section 23(a) of the Companion Animals Act 1998 and Regulations.

 

20.3???? To receive companion animals into the Companion Animals Pound.

 

20.4???? Under the Companion Animals Regulation 1999 to authorise those Council staff members to be authorised identifiers on the following conditions:

????? That the person has had training in the insertion of microchips in companion animals and is competent in being able to do so;

????? That the person being authorised can only implant microchips into animals held at the Council pound.

?????

21.? Licences and Permits

 

21.1?? Determine approvals under Section 68 of the Local Government Act 1993.

 

21.2???? Consider liquor licence applications and lodge an objection under the Liquor Act, where such objection is warranted.

 

22.? Legal Action and Fines

 

22.1???? To present information at any court exercising jurisdiction in New South Wales in relation to legal matters for which prosecution is authorised by Council and to give evidence as required on behalf of Council.

 

22.2???? Institute legal proceedings for unauthorised dumping of rubbish.

 

22.3???? Institute legal proceedings for the dumping of litter where on the spot fines are unpaid within the prescribed period.

 

22.4???? Lay or make any information or complaint for or on behalf of Council.

 

22.5???? Under Section 687 of the Local Government Act, 1993, as amended, to represent Council in all proceedings in any Court or before any Justice in all respects as though the General Manager is the party concerned and to institute and carry on any proceedings which the Council is authorised to institute and carry out and this shall extend to any proceedings under all other Acts

 

22.6???? To authorise the institution of legal proceedings for the recovery of outstanding rates and other debts due to Council and to take all necessary action to recover such rates or debts.

 

22.7???? Issue notices requiring cessation of illegal and unauthorised uses within a limited period (this does not authorise the taking of legal action and would still be necessary for such matters to be referred to Council for the action to be authorised).? Where such legal action has been resolved to be taken, authority is provided to present information and provide evidence for legal action required pursuant to the Environmental Planning and Assessment Act 1979.

 

22.8???? Authority to act on Council?s behalf in cases where recovery efforts prove fruitless and Court proceedings have to be instituted, provided any cases of hardship be reported to Council before any legal action is taken.

 

22.9???? To initiate legal proceedings for offences against the Companion Animals Act 1998 and Regulations.

 

22.10?? To initiate legal proceedings for breaches of the Food Act, 2003 and Regulations.

 

22.11?? To initiate legal proceedings for offences under Chapter 16 Part 3 of the Local Government Act 1993 (water, sewerage and stormwater drainage offences).

 

22.12?? To initiate prosecutions in the Local Court for breaches of any legislation regulated by Council.

 

22.13?? To serve penalty notices under Section 127A of the Environmental Planning and Assessment Act 1979.

 

22.14?? Following consultation with the Mayor, to enter into agreements to resolve legal proceedings with such agreements to be reported to the next meeting of Council.

 

23.? Meetings and Associated Matters

 

23.1???? To limit the number of persons within the Council Chambers in order to prevent any obvious overcrowding.

 

23.2???? Authority to, after consultation has been held with the relevant Committee Chairperson, to cancel a meeting of a Committee when there is insufficient business to warrant holding a Committee meeting.

 

24.? Notices and Orders

 

24.1???? Authorise the service of notices on property owners whose properties are infested with noxious weeds.

 

24.2???? Serve any notices under the Public Health Act or any other Act administered by Council which the General Manager deems necessary in regard to premises and unsanitary conditions, and if not complied with in the given period, a final notice giving fourteen (14) days to comply will be served.? If compliance is not then secured, a notice to show cause in writing within 7 days as to why legal proceedings should be taken shall be served.? If compliance is not then secured, the matter shall be referred to Council for legal proceedings.

 

24.3???? Under the Protection of Environment Operations Act 1997 authority to issue on the spot fines.

 

24.4???? To issue on the spot penalty infringement notices for parking on footpaths.

 

24.5???? To issue on the spot penalty infringement notices as set out in the appropriate Acts and Regulations in matters relating to:-

????? Illegal camping

????? Exceeding load limits

????? Obstructions on footpaths

????? Street trading

????? Mis-use of fixed hoses

????? Companion animals

????? Parking offences committed within Council controlled carparks which relate to parking within prohibited areas and for obstructing traffic within parking areas

????? Uncovered loads

????? Allowing loose material to fall onto the road

????? Beach driving offences

????? Non-compliance with a Council sign or notice.

 

24.6???? To administer and serve notices of intention to serve orders and to serve orders in the circumstances that are indicated in the table to Section 124 of the Local Government Act 1993.

 

24.7???? To administer and service notices of intention to serve orders, to serve orders and infringement notices, as appropriate and to take action, as circumstances warrant, in relation to the following Acts:

????? Public Health Act, 1991

????? Swimming Pools Act 1992

 

25.? Parks, Reserves and Crown Land

 

25.1???? Approve (subject to conditions) or refuse, the use of parks, playing and sports areas by organisations or individuals in situations where a development consent is not required.

 

25.2???? Appointment of authorised officers submitted by the Local Surf Life Saving Clubs, to enforce the provisions of the Local Government Act (Section 681) for the purposes of controlling and impounding water based recreational equipment (surf boards, jet skis, wave skis etc).

 

25.3???? Sign on Council?s behalf, licence and deed of indemnity documents in relation to Council?s lifeguard service at any beaches not under Council?s control.

 

26.? Private Works

 

26.1???? Authorise use of Council's work staff, plant, equipment and contractors to carry out private works where the full estimated cost of the work is paid in advance and where such works will not adversely affect Council's work schedules or cause a financial loss.? Also, carryout works for Government departments and statutory bodies upon receipt of an official order.? Hire out Council's plant at charges approved by Council.? Any authorisation in relation to private works is subject to the provisions of Council's Code of Conduct..

 

27.? Public Relations

 

27.1???? To make or authorise media releases on all matters to do with Council, provided that the concurrence of the Mayor is obtained.

 

27.2???? To answer questions and make statements to the media on all matters to do with Council.

 

28.? Roads, Footpaths and Public Places

 

28.1???? To approve (subject to conditions), or refuse and control and regulate applications for the conduct of doorknock appeals within the area, in accordance with any Council policy.

 

28.2???? To approve (subject to conditions), or refuse, street stalls, button days or street buskers in the area.

 

28.3???? Approve (subject to conditions) or refuse, use of public roads for walkathons, motor car trials, charitable collections or other like events.

 

28.4???? Order the removal of obstructions on roads or public places where such obstruction constitutes a public danger.

 

28.5???? Close roads, or parts thereof, temporarily for repairs or construction or for public activities.

 

28.6???? Approve the advertising of proposed road levels.

 

28.7???? N/A

 

28.8???? Approve parking of mobile display caravans in public streets and places where the caravans display information from Government Departments.

 

28.9???? Negotiate and ensure payment of the charge for the restoration of trenches and openings in roads and/or footpaths where the constructing authority or firm has caused damage or interference.

 

28.10?? Manage cattle grids on Council roads in rural areas in accordance with any Council policy.

 

28.11?? Approve the placement of direction signs within road reserves in accordance with RTA guidelines.

 

28.12?? Approve banners over public roads and reserves in accordance with any Council policy.

 

28.13?? Decide on changes to footpath paving in consultation with adjoining property owners and the Access Committee..

 

28.14?? Approve applications to install pipelines with road reserves.

 

28.15?? Approved naming of new roads in accordance with Council's Road Naming Policy.

 

28.16?? Exercise control over street food hawking, the erection of tents on private land, lighting of fires in public places, the exercising of greyhounds on roads or public places.? If compliance is not secured within a reasonable period, the matter shall be referred to Council for authority to institute legal action.

 

28.17?? Issue on the spot infringement notices for unauthorised street trading.

 

28.18?? Be responsible for the implementation and control of numbering of properties.

 

28.19?? Issue orders requiring persons to identify premises under Section 124 of the Local Government Act 1993.

 

28.20?? Under Section 125 of the Roads Act 1993, grant approval for an outdoor dining area in accordance with Council?s policy (if any).

 

28.21?? Under Section 125 of the Roads Act, 1993, to execute any deed of guarantee that is required to be entered into as part of an Outdoor Dining Approval.

 

29.? Septic Tanks

 

29.1???? Approve, subject to conditions, or refuse the installation of septic tanks and chemical closets.

 

30.? Staff

 

30.1???? To determine applications for leave, including leave without pay.

 

30.2???? To extend the closing time for submission of job applications where, in the General Manager?s opinion, circumstances warrant such extension.

 

30.3???? To issue references under seal to staff who have completed at least ten years continuous and satisfactory service with Council.

 

30.4???? Deal with all industrial disputes, but not to commit Council to any additional expenditure resulting from changed conditions.

 

30.5???? Appoint a staff member to act as General Manager during periods of absence of the General Manager.

 

30.6???? To reclassify staff and adjust salaries in accordance with Council?s human resources management policies.

 

30.7???? Where required for operational reasons, to approve, subject to conditions, an employee driving a motor vehicle, truck or plant item to and from his place of residence to the work site.

 

30.8???? Approve applications for education and training in accordance with Council?s policies

 

30.9???? To adjust the salaries and wages of staff in accordance with the Local Government State Award and Council?s Policies.

 

30.10?? To enter into redundancy arrangements with staff where through restructuring and other changes agreed to by Council, such staff become redundant provided redundancy payments do not exceed the entitlement under the award up to a maximum of 34 weeks.

 

30.11?? To determine the allocation of communication devices (mobile telephones, 2 way radios and the like) to Council staff.

 

30.12?? To determine the use of overtime and/or the provision of time in lieu provided that any such approval can be funded from the available allocation for wage and salaries or untaken leave entitlements.

 

30.13?? To recommend, authorise and approve applications from staff for accreditation under the provisions of the Building Professionals Act 2005 and Regulation 2007.

 

31.? Subdivision Matters

 

31.1???? Not applicable.

 

31.2???? Not applicable..

 

31.3???? Grant development consent to subdivisions and consolidation of properties in accordance with Council?s policies.

 

31.3???? Authorise registration of plans of subdivision or release of subdivision certificates when all conditions of relevant approvals have been complied with.

 

31.3???? Authorise registration of plans of subdivision when all conditions of relevant approvals have not been complied with, subject to:

????? Provision of a cash security or suitable alternative to guarantee satisfactory completion of engineering works and maintenance period

????? Work to be in hand and no less than 25% complete

????? Bond to be for a maximum period of one year

????? Bond not to be accepted until major engineering problems overcome

????? Security to be for full contract value of outstanding works plus 10% of contract price to cover maintenance, plus 20% of value of outstanding work to cover variations

 

31.4???? To sign plans of subdivision and issue subdivision certificates upon certification by Council staff that all Council requirements have been complied with or that satisfactory bonding arrangements have been entered into.

 

31.5???? To vary restriction as to users created by Section 88B instruments in relation to subdivisions and to fix the common seal of Council.

 

32.? Tenders

 

32.1???? To open and record tenders in accordance with the requirements of the Local Government Act and Regulations and Council?s internal controls.

 

33.? Trees

 

33.1???? Authorise the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council?s utilities or adjoining private property.

 

34.? Trade Shows

 

34.1???? Authorise attendance of persons at Trade Shows and the like.? (A concise and complete budget for the specific item is to be presented; such budget to include, where appropriate, provision for meeting, travelling, accommodation and other appropriate expenses of any staff and volunteers involved).

 

35.? Water

 

35.1???? To implement water restrictions in the Nambucca Local Government Area to level 1 and 2 only.

 

35.2???? To grant licences, subject to conditions, where applications are received in writing and the applicant can clearly demonstrate a financial loss or hardship if not granted some limited exemption to water restrictions that may be imposed.

 

?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.6????? SF1254??????????? 170610???????? Financing of Environmental Defender's Office

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council resolved to make further enquiries as to how the Environmental Defender?s Office is funded.

 

According to its Annual Report for 2008-2009 the EDO is ?overwhelmingly? dependent on grants to fund its operations at their current level.? The major source of funding is the Public Purpose Fund (PPF) which is triennial funding.? The PPF provided $1,357,048 or about 66% of the EDO?s income in 2008-2009.

 

All up for the year ended 30 June 2009, the EDO had total income of $2,058,457 of which grants totalled $1,805,823.? Expenditure for the year was $2,012,093.

 

 

Recommendation:

 

That the information concerning the financing of the Environmental Defender?s Office be received.

 

 

OPTIONS:

 

There are no real options.? The report is for information.

 

DISCUSSION:

 

At Council?s meeting on 3 June 2010 it was resolved that:

 

?That Council make further enquiries as to how the EDO is funded.?

 

The EDO?s stated mission is, ?to promote the public interest and improve environmental outcomes through the informed use of the law?.

 

According to their website, the Environmental Defender?s Office New South Wales (Ltd) receives financial assistance from the Public Purpose Fund of the Law Society of New South Wales; the Legal Aid Commission of New South Wales; the Commonwealth Attorney-General?s Department; the Department of Agriculture, Fisheries and Forestry; and the New South Wales Government through its Environmental Trust.? The website also seeks public donations and support by becoming a friend of the EDO or through volunteering.

 

There is further detail concerning its financing in the EDO?s Annual Report for 2008-2009.

 

According to its Annual Report for 2008-2009 the EDO is ?overwhelmingly? dependent on grants to fund its operations at their current level.? The major source of funding is the Public Purpose Fund (PPF) which is triennial funding.? The PPF provided $1,357,048 or about 66% of the EDO?s income in 2008-2009.

 

The Public Purpose Fund comprises interest earned on solicitor?s clients funds held in compulsory trust account deposits under the NSW Legal Profession Act, 1987.? The use of the PPF funds is determined by the Trustees.? The Trustees consist of 3 persons appointed by the Attorney General of whom 2 are members of the Law Society Council nominated by the President of the Law Society with 1 person whom the Attorney General considers to have appropriate qualifications and experience to act as a trustee.

 

Triennial funding is also received from both the Commonwealth Attorney-General?s Department and Legal Aid NSW through the Community Legal Services Program.

 

Interestingly, up until recently, all EDOs in Australia have been subject to a ?no-litigation? condition preventing them from using funding received from the Commonwealth Government to undertake litigation or litigation related activities (against the Commonwealth Government).? This restriction was recently lifted.

 

In 2008-2009 the EDO benefitted from a one off boost to its triennial grant from the NSW Government through its Environmental Trust.? Funding through this Program amounted to $75,000 in the 2008-2009 financial year.

 

The John D and Catherine T MacArthur Foundation is another major funder of the EDO with triennial funding of $US250,000 from 1 March 2007 to 28 February 2010.

 

In addition to the triennial grants, the EDO received a number of smaller grants for a shorter period and for specific projects.? These were from the Aboriginal Legal Access Program and the City of Sydney Council.

 

Beside the income received from grants; the EDO generated other income from fees charged for other professional services, education activities, memberships, donations and bank interest.? In 2008-2009 this other income amounted to $152,861.

 

All up for the year ended 30 June 2009, the EDO had total income of $2,058,457 of which grants totalled $1,805,823.? Expenditure for the year was $2,012,093.

 

CONSULTATION:

 

There has been no consultation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report is for information and has no impact on the environment.

 

Social

 

The report is for information and has no social impact.

 

Economic

 

The report is for information and has no economic impact.

 

Risk

 

There are no risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets as a consequence of the report.

 

Source of fund and any variance to working funds

 

There is no impact on working funds as a consequence of the report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.7????? SF1480??????????? 170610???????? Proposed lease for encroachments onto Reserve R88941 by Nambucca Beach Holiday Park

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

Council has recently considered encroachment lease issues for the reserve abounding the White Albatross Caravan Park in Nambucca Heads. The matters raised in this report are essentially the same as the encroachment matters at the White Albatross and the same principles apply.

 

Council is the Reserve Trust Manager of the Nambucca Heads Public Recreation Reserve (R88941) being the Reserve surrounding the Nambucca Beach Holiday Park at Swimming Creek, Nambucca Heads. The Gazetted purpose of the Reserve is for the Public Recreation and Preservation of Native Flora over part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183.

 

A number of dwellings, sheds, awning and garden spaces in the Caravan park encroach onto the Reserve.

 

The Trust has previously leased the encroached area to the Park Operator on the proviso the encroachments would be corrected. The Minister of Lands has previously consented to the leases notwithstanding the lease was contrary to the gazetted purpose of the Reserve.

 

The current lease is due to expire in May 2011. The Lessee has not removed the encroachments and it appears that it is unlikely that the encroachments will be removed prior to the expiry of the lease.

 

The Park Operator has requested grant of further tenure.

 

The Trust can seek to enforce removal of the encroachments or grant a further Lease. Ministerial consent will be required for the grant of a further lease.

 

In the event a further lease is granted the Trust will need to ensure that appropriate fire risk mitigation measures are taken, including the establishment of a satisfactory APZ to the Northern and Eastern boundaries of the park.

 

It is recommended that Council grant further tenure for a period of ten years on the proviso the Lessee meets all costs associated with the preparation and registration of the lease and such other conditions required by Councils legal advisors on the matter.

 

 

RECOMMENDATION:

 

1????????? That Council in its capacity as Reserve Trust Manager for Reserve R88941 offer to the Registered Proprietor of Lot 162 in DP755560 (?the Operator?) a ten year Lease of part Lot 7003 DP 1113130 being the area encroached upon by improvements on the Nambucca Beach Holiday Park on the proviso:

 

i?????????? The Operator meets all costs associated with the preparation and registration of the Lease;

ii????????? The Operator establishes an APZ on the Northern and Eastern boundaries of the Park in accordance with and pursuant to the recommendations and directions of the Land and Property Management Authority;

iii???????? That the Operator relocate immediately all dwellings situate over the Council rising main the subject of the registered easement;

iv???????? That all other encroachments will be entirely removed prior to or upon expiry of the Lease;

v????????? The Lease contain any other term or condition deemed necessary by Council?s Legal advisors on the matter.

 

2????????? That the rent under the proposed Lease of part Lot 7016 in DP 1065524 be determined by independent market evaluation on a best and highest use basis, such valuation to be obtained at the expense of the Lessee.

 

3????????? The Operator of the Nambucca Beach Holiday Park be advised that Council is unable to renew the Operating Approval for the Caravan Park/Holiday Centre until such time as the encroachment issues are either resolved or a new Lease over part of the adjoining Reserve area R88941 is granted.

 

4????????? That the General Manager and the Mayor be authorised to conclude negations for the Lease terms and conditions and execute all documents required to give effect to the Lease of part Reserve R88941.

 

 

OPTIONS:

 

Options are relatively straight forward. Council in its capacity as Reserve Trust Manager for Reserve R88941 can seek to remedy the encroachments now or later. It is proposed that the grant of long term tenure will afford the Trust and the Park Operator sufficient time to address the encroachment issues whilst reducing the adverse affect on current occupants. This approach will of course require ongoing management.

 

Alternatively Council can seek to resolve the encroachment issue immediately and thereby avoid ongoing operational and management costs. It is proffered that aggressive action in this regard will likely result in a costly exercise with negative public relation outcomes in the short term.

 

Council can make representations to the Department of Lands for the encroached land to be transferred to the Park Operator at market consideration. Note the Department of Lands has indicated that it will not acquiesce to this request

 

 

DISCUSSION:

 

Council is the Reserve Trust Manager for the Nambucca Heads Public Recreation Reserve (R88941).? The Reserve is located at the northern end of Swimming Creek Road, Nambucca Heads.

 

Many of the issues that impact on Council?s role as the Reserve Trust Manager also may impact on Council?s ability to issue ongoing operating approvals for the park, particularly where there are encroachments on the Reserve and no formal Lease in place to recognise these encroachments.

 

Numerous portable buildings, awnings, sheds and gardens in the caravan park encroach onto the Reserve. Reportedly infrastructure servicing the park has also been laid on the Reserve. Previously the Trust has leased the area of encroachment to the Park Operator. The current Lease is due to expire in May 2010.

 

The Caravan Park is currently being assessed for renewal of its operating approval and without either removal of all encroachments, or a formal Lease over the Reserves area to recognise these encroachments, a new operating approval can not be issued under Section 68 of the Local Government Act 1993.

 

The express intention of the Lease was that the Lessee would, throughout the course of the tenure, remove encroachments from the leased area and deliver the land in its original state and condition, free of encroachments, upon expiry of the Lease.

 

The Lessee has not removed the encroachments and it appears that it is unlikely that the encroachments will be removed prior to the expiry of the Lease.

 

A further dwelling has been erected almost entirely on the Reserve and over the easement for rising main. Council s Health and Building staff, in processing an application for a further operating license, have advised the park operator that this dwelling, irrespective of future lease arrangements, will need to be relocated to within the park.

 

The use of the Reserve as a caravan park (that part of the park that encroaches onto the Reserve) is contrary to the Gazetted purpose of the Reserve, being Public Recreation and Preservation of Native Flora. Previous Lease terms have sought to acknowledge and correct this.

 

Enforcing the removal of the encroachment is problematic because the dwellings are:

 

1??????? The primary residence of the owners;

2??????? May not able to be economically relocated due to their age or type of construction;

3??????? May be unable to be relocated to within the park due to space constraints.

 

Notwithstanding this it is incumbent on the Trust to ensure that the encroachments are managed and controlled so that further encroachment does not occur and efforts are directed to removing the encroachments in due course.

 

The Lessee has requested that the area the subject of encroachments be transferred to them by way of a boundary adjustment with appropriate consideration. The Land and Property Management Authority (Grafton) however resolutely advised that the transfer of the land was not an option.

 

The Lessee has also requested the grant of a further long-term tenure.

 

There have been numerous discussions with representatives from the Land and Property Management Authority (Grafton) on this matter.

 

Issues canvassed include:

 

1??????? The practicality of enforcing the removal of the encroachments including:

 

????????? i???????? The displacement of residence

ii??????? The potential for adverse publicity against the Trust and Council? and the Land and Property Management Authority

????????? iii?????? The cost of enforcing the removal of the encroachment

 

2??????? The legality of ongoing tenure

 

3??????? The cost of administering on going tenure

 

4??????? Liability issues arising to the Trust in light of the deficient APZ on the Eastern and Northern boundaries

 

Another matter for the Trust to consider is the dual role of Reserve Trust Manager and Local Government Authority. Council is the consent authority for the issue operating Licence for the caravan park.? Any grant of tenure would need to be reflected in the terms and conditions of the operating license and vice versa.

 

Examining the above issues separately:

 

1??????? Practicality of enforcing the removal of the encroachments

 

Dwelling encroachments are problematic as they are privately owned by the occupiers who use them as their principal place of residence. Reportedly the dwellings constitute the owners only major asset and therein represent substantial security for the owners.

 

The Park Operator advises that in some instance there is insufficient room within the park to allow for relocation and remain compliant with setback and access requirements.

 

In some instances the dwellings are not in a condition that would allow relocation without substantial cost and/or damage to the structure.

 

Having regard to the above it is likely that any attempt to relocate the residence would result in media attention. Notwithstanding the legal legitimacy of the action the fact remains that the dwelling encroachments are relatively minor and do not substantially detract from the public use of the reserve. On this basis it is presumed that enforcement proceedings would attract adverse media attention.

 

The cost of removal and any legal matters arising there from would need to be met by the Trust in the first instance and then recouped from the Lessee and/or owners.

 

Notwithstanding, the Lessee has proceeded to permit the installation of moveable dwellings and outbuildings that encroach upon the reserve contrary to the previous Lease and Approval to Operate a Caravan Park conditions. The regulatory provisions of the Local Government Act have not been instigated at this stage pending the outcome of Council's consideration.

 

2??????? Legality of ongoing Tenure

 

The grant of Lease for the encroachment is inconsistent with the gazetted purpose of the Reserve and is not permissible without Ministerial consent. A Lease exceeding five years would need to be registered and would constitute a subdivision under the EPA Act 1979. Plans would need to be compiled and lodged. Native Title interest may need to be investigated.

 

Land Property Management Authority staff have advised that they would support an application for ongoing tenure on certain conditions, principally that the rent is at market rates and that efforts were being made to restore the Reserve to its gazetted purpose (see recommendations).

 

 

3??????? Cost of administering ongoing Tenure

 

From a Reserve perspective there is no public benefit in granting tenure to the caravan park for encroachments. Accordingly it is proposed that any costs arising from the tenure be borne by the Lessee.

 

If appraisal of current market rent does not meet these costs then the proposed Lease payment should be increased accordingly.

 

It is proposed that the Lessee be required to submit a bond which would be redeemable by the Trust in the event the terms of the Lease are breached or there are further encroachments onto the Reserve.

 

 

4??????? Establishment of a satisfactory APZ to the Northern and Eastern boundaries

 

Staff obtained legal advice to the effect that the Trust would potentially be liable for damages for injury or damage arsing from bush fires on the basis the encroachments are not protected by a sufficient APZ.

 

On the strength of this advice the Operator was instructed to obtain a fire risk assessment report detailing the risk mitigation measures required at the park to enable the trust to properly consider the issues arising from a potential lease..

 

The recommendations included the establishment of a 30 m APZ to the Northern and Eastern Boundaries. The Department of Lands support the recommendation of the risk mitigation report on the proviso a Review of Environmental Factors does not bring to light any adverse environmental impacts (particularly the possible impacts of clearing vegetation on the eastern aspect for the potential of coastal erosion processes).

 

It is proposed that any Lease would include provision for the ongoing maintenance and management of this part of the Reserve by the Operator.

 

It is not considered practical or cost effective to seek to enforce the removal of encroachments at this stage.

 

Proposed terms for a long term tenure to include:

 

1??????? The Lessee at the Lessees expense:

 

????????? i????????????? Obtain an independent market valuation of ?best and highest use? rent for the area of encroachment. Note it is not proposed that any discount be offered with respect to this tenure irrespective of the terms of previous Leases. It should be noted that the Land and Property Management Authority position in this regard is:

 

??????????????????????? ?Our position is that these prior tenures were provided on more than favourable terms to the holder so as to temporarily authorise the occupation of the land and provide an adequate window for the holder to facilitate the removal of the encroachments. Our view is that upon expiry of the initial tenures this window has closed and any new tenure would reflect standard terms and conditions as related to the ongoing commercial use of the land?.

 

ii???????????? Commission a Review of Environmental Factors (and if necessary an Environment Impact Statement) to determine the viability and impact of establishing the recommended APZ.

iii??????????? Establish the APZ pursuant to Land and Property Management Authority guidelines or as they may otherwise direct.

iv??????????? Compile the Plan of Subdivision and all other documents required to register the Lease

v???????????? Meet all legal costs of the Lessor (the Trust)

 

2????????? The premise of the Lease is to remove/relocate the encroaching structures prior to the expiry of the Lease or as they are vacated or sold whichever occurs earlier.

 

3????????? That the perimeter of the Leased area be defined by the erection of a bollard style fence line to be erected at the Lessee expense.

 

4????????? That the Lessee submit a bond of $25,000.00 redeemable by the Trust in the event the terms of the Lease are breached or further encroachments are made onto the Reserve.

 

5????????? The Lessee then satisfying Council's requirements under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 including the redefining of the boundaries of the park and park site layout.

 

 

CONSULTATION:

 

?????????????? Senior Land Development Officer (LPMA Grafton)

?????????????? Council Solicitor

?????????????? Director Environment & Planning

?????????????? Manager Health and Building

?????????????? Manager Water and Sewerage

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

The establishment of an APZ around the park will have an impact on the Reserve immediately surrounding the Park. From recent observation the flora in this area is compromised by? introduced and exotic species such as bamboo and lantana. The establishment and maintenance of the APZ, completed pursuant to LPMA guidelines will be a positive outcome in this regard.

 

Social

 

The recommendation proposes that the encroachments will be corrected as and when the dwellings are transferred to new owners or cease to be used as a principal place of residence for the owners.? This provision in effect potentially eliminates the market value of the dwelling, particularly if the Park Operator does not have the room within the park to relocate the dwelling. Whilst not a desirable outcome all owners are aware of the encroachment status of the dwellings and that in due course they will need to be relocated.

 

The requirement to remove all dwelling encroachments on the easement for rising main will specifically impact on two residents, one of which is a recent addition. The Park Operator acknowledges the error in erecting the dwelling on the Reserve and will meet any costs associated with the removal. Again whilst not desirable, the negative impact on the residents is a matter between the Park Operator and the owners, and more particularly, is not a matter for the Reserve Trust.

 

Economic

The recommendations do not give rise to any economic issues.

 

Risk

 

Council will almost certainly be joined in any legal action arsing from damage or injury occurring on the Reserve. It is proposed to include Indemnity and Insurance clause in the Lease Agreement which will serve to protect Council

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendations propose that all costs associated with the lease be drawn from Lease payments

 

Source of fund and any variance to working funds

 

No Variance to working funds is required at this stage.

 

 

 

Attachments:

1View

14213/2010 - Boundary Survey - Nambucca Beach Holiday Park - July '09

 

??


Ordinary Council Meeting - 17 June 2010

Proposed lease for encroachments onto Reserve R88941 by Nambucca Beach Holiday Park

 

?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.8????? SF15??????????????? 170610???????? Report on Workshop for Saleyard Safety and Compliance

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

This report is submitted as a pr?cis of the Saleyards safety workshop presented by Mr Gerry Holmes to Councillors on 31 March 2010.

 

Consideration of governance issues accounted for a significant part of the workshop.? It was advised that in the event Council elects to continue its involvement in the Saleyards it must do so in a manner that complies with relevant legislation.

 

The safety and compliance report broadly identified approximately 21 areas of non compliance with minimum work place safety requirements.?

 

The current operation and condition of the Saleyards presents a significant risk to the safety of patrons and workers and a consequent risk to Council in the form of penalties and potential litigation.? It is proffered that this level of risk cannot be justified.

 

Council has considered the Saleyards advisory Committees assessment of the identified risks and has resolved to reconsider future budget allocations to meet the required expenditure.

 

Council can manage the risk in three ways:

?????????

????????? 1??????? Commit sufficient funds to attend to the non compliance and operational issues presented in ?????????????????? the report.

?????????

????????? 2??????? Lease the operation of the yards to an independent and autonomous operator (note that ????? ?????????????????? both this option and option 1 requires a defined area to be excised from the showground for ????????? the exclusive use of the saleyard operation).

 

????????? 3??????? Close and dismantle the yards (noting that this in turn would require council to establish stock ?????????????????? pound facilities elsewhere).

 

In the event Council does not allocate adequate resources to remedy the identified areas of non compliance the Saleyards should cease trading and the facility closed.

 

 

Recommendation:

 

1????????? That Council consult with the Showground committee of Management to clearly identify an area of approximately 7950sq m immediately around the saleyards for the exclusive use for the saleyards and contain the area with appropriate fencing and signage.

 

2????????? That Council undertake the minimum work required to make ready the saleyards for a long term lease arrangement (say 15 years.)

 

3????????? That Council advertise by Tender for suitably qualified parties to operate the saleyard under a 15 year lease arrangement on terms deemed necessary by councils legal advisors.

???????????

4????????? That a report come to Council on the response to the Tender for suitable parties to operate the saleyard under a long term lease arrangement.?

 

5????????? That in the event there are no parties interested in operating the Saleyards under a long term lease arrangement and Council elects not to commit sufficient funds to meet the cost of works required to complete the list of actions and recommendation detailed in the South Eastern Workplace Safety Report dated 21 January 2010, Council serve notice of termination of the licence agreement on the current Licensee and upon expiry of the notice period cease trading at the Saleyards and close the facility.

 

 

OPTIONS:

 

1????????? Commit to the ongoing operation of the Saleyards and provide sufficient budget allocation to meet the three year action plan.

 

Note:? That in the event Council pursues this option more detailed and accurate costing will need to be compiled.? Given the trading history of the Saleyards, the increasing cost of operations, the lack of market growth potential and the relatively small proportion of the community directly involved in the Saleyards it is difficult to justify the estimated expenditure.

 

2????????? Commit to the identified high priority actions and upon completion advertise for expression of interest to operate the Saleyards under a long term lease arrangement.

 

Note:? That in the event Council pursues this option the following will need to be addressed:

 

?????? Reclassification of the land to operational

?????? Subdivision of the land either completely or for leasing purposes

?????? Redesign of Saleyards area including removal and relocation of some or all of the adjoining stables.

This option may make the saleyards a more attractive proposition for prospective lessees.

 

2a???????? A variation to this option would be to advertise for expression of interest (EOI) immediately on the basis that the minimum works required to render the Saleyards fit for purpose are co-financed by the lessee and Council.? It should be noted, however, that the risk audit has identified matters that require immediate and urgent attention.? It is not recommended that attention to these matters be postponed depending the outcome of an EOI process.

 

3????????? Serve notice of termination of licence agreement on the licensee and upon expiry of the termination period close the Saleyards and dismantle all or part of the facility.

 

Note:? That an option to wind down the operations of the Saleyards has not been presented as this option would necessarily entail attention to the priority actions detailed in this report.? Such costs are not considered justifiable in the circumstances.

 

 

DISCUSSION:

 

All Councillors, the General Manager, Manager of Business Development, Asset Manager, Property Officer and Safety and Risk Officer attended a Saleyards Safety Workshop conducted by Mr Gerry Holmes in Council Chambers on Wednesday 31 March 2010.

 

The brief submitted to Mr Holmes for the workshop was to highlight the legal liability held by Council in the operation of the Saleyards particularly having regard to the Safety and Compliance Report compiled by South Eastern Workplace Safety dated 21 January 2010.

 

The brief submitted to South Eastern Workplace Safety was to conduct an asset and safety audit inspection to identify the work required and associated costs to render the Macksville Saleyards ?fit for use? to enable continued operation.? ?Fit for use? was defined as the minimum workplace standards as prescribed by the relevant Acts.

 

A copy of the report and recommendations was submitted to each workshop participant.

 

Governance Matters ? In response to the governance issues canvassed by Mr Holmes, Councillors produced the following table of essential considerations for the provision of services by Council:

 

Group 1 (Councillors Elaine South, Michael Moran and John Ainsworth)

Is there a need for the service?

Is there an overall benefit?

What is the sustainability of the service?

What is the projected population?

 

Group 2 (Councillors Janet Court, Martin Ballangarry, Paula Flack and Property Officer Steven Williams)

Meets a demonstrated public need

Consider the implications of not having the service

Value of service directly and indirectly to the community

Valuable length of time service will be necessary

Consider implications of having the service

Does it fit with strategic goals?

Will it be an integral part of another service or services?

Does it fit under Council?s Chamber and regulatory requirements?

Degree of benefit eg does it augment town?s other services?

 

Group 3 (Councillors Rhonda Hoban, Anne Smyth, Safety and Risk Officer Mark Spry)

Can the community function without the service?

What level of satisfaction is accessible to the community?

What is the cost or benefit of the service?

What is the capacity to fund and maintain the service?

Is there another service or supply of service?

 

Group 4 (Councillors Brian Finlayson, Asset Manager Peter Baynes, Manager Business Development Wayne Lowe)

What is the number who desire service?

What is the cost of the service?

What is the viability of service?

What is the financial benefit of the service?

 

The principal matter for Council to consider and resolve having regard to the identified risks and costs is whether Council seeks to remain in the business of providing Saleyards services to the community.

 

 

OPERATIONAL MATTERS

 

With regard to operational issues 21 broad areas of non compliance with the Occupational Health and Safety Act, the Protection of the Environment Act and the Code of Practice for the selling of livestock in New South Wales were identified.

 

The estimated cost of remedying all areas of non compliance to a minimum compliance level is ?conservatively estimated? at $800,000.00.? Some areas require Council?s immediate attention to ensure workplace safety (and to mitigate the risk of litigation and/or penalties to Council).? More generally, however, and to spread the cost burden, it was suggested that the identified works be rolled out over a period of three years.

 

Council has considered the Saleyard Advisory Committee appraisal and ranking of the risks identified in the report. The Committee has identified a list of works which, in their view, present the greatest risk and recommended that these works be addressed immediately. The cost of work requiring immediate attention ranges from $279,000 (saleyards Advisory Committee estimate) to $480,000 (staff estimate).

 

 

 

 

 

 

RE-CAP OF WORKSHOP AND PREVIOUS CONSIDERATIONS

 

The workshop and previous reports have identified and/or recommended that:

 

1????????? The Saleyards operation is not economically self sustaining.

 

2????????? It is unlikely that turnover at the Saleyards can be significantly increased without capturing the market share of neighbouring regions.

 

3????????? Cost of operating the Saleyards will only increase.

 

4????????? The site compliance audit has identified that there are many significant risks to Saleyards patrons and workers.

 

5????????? The Council Risk Register records the Saleyards as the second most risky activity conducted by Council (note that this was determined prior to the issue of the safety and compliance report).

 

6????????? Conservative estimates of $810,000.00 over three years and ongoing maintenance of greater than $50,000.00 per year is required to meet and operate to a basic level of compliance with relevant legislation.

 

7????????? Based on previous Council resolutions there appears to be consensus that the Saleyards are a valuable community facility and that Council should endeavour to continue providing this service.

 

8????????? The net community benefit generated by the Saleyards (retail, associated services and social) has not been quantified.

 

9????????? If Council does not immediately and adequately resource the process of identifying, evaluating and managing risk and workplace safety at the Saleyards the facility should be closed.

 

 

FUTURE OPTIONS

 

Council considered a report on the business performance of the saleyards in December 2009. In this report the following options were canvassed:

 

1????????? Lease or sell the yards to a private operator

 

The land is classified as operational therefore Council may deal in the land by way of sale or lease.

 

Council has legal advice to the effect that it may mitigate and/or avoid completely the liability issues arising from the operation of the saleyards if the yards were leased to an independent operator. The key requirement being that the operator acts autonomously from Council and has control of the yards and the yard operation for the period of the lease (a distinction here needs to be drawn from operational issues and infrastructure issue - it may be that Council will be required to remedy the environmental control issues raised in the report as a precursor to leasing).

 

In leasing the yards it is proposed that the Lessee will take full care and control of the yards including all yard maintenance, OH&S and National Livestock Identification System (NLIS) Management.

 

In any event the Lease provisions would need to include an express disclosure by Council that no warranty is given as to the compliance or otherwise of the saleyards and that the Lessor insures themselves appropriately and indemnifies Council from any damages or claim that may arise as a consequence of the use of the yards.

 

From a business unit perspective the lease payment structure would need to account for the following:

 

Minimum Rental for proposed lease over ten years

 

 

Loan repayment (principal & Interest)[1]

$8,500.00

Administrative support

$15,000.00

Contribution to Capital Reserve/ Depreciation/Capital Upgrade[2]

$10,000

Rates

$1,000.00

Return on Asset @ 6% of land/asset value estimate (@ $300,000)

$18,000.00

 

 

Total pa

$52,500.00

 

A return rate of 6% of the asset value reflects the current market standard.? This rate however is arbitrary and often subject to negotiation between contracting parties.? Should Council not seek a return on the asset the lease payment would be $34,500.

 

Rental for any less than ongoing costs of the yard would constitute a subsidy of the yards.

 

The sale, or lease over a period of greater than five years, would require a subdivision which in turn would necessitate the creation of rights of carriageway and easements.

 

Attached as annexure ?A? is a diagram indicating the proposed area to be set aside for the exclusive use of the yards and for leasing purposes. This plan would require the replacement of the stables on the eastern boundary as indicted.

 

Mr Tom Stanton of GJ Kennedy and Co has confirmed that this area is sufficient for current and future saleyard requirements.

 

Consultation with the showground Committee of Management is yet to be undertaken. Likewise the cost of relocating/replacing the stables is yet to be calculated.

 

2????????? Do nothing and continue as is

 

This is not a feasible option.? To continue operating the yard ?as is? presents an unacceptable risk to Council on OH&S and Environmental grounds.

 

3????????? Continue trading and determine a subsidy for future operations

 

This option effectively requires Council to place a value on the community and social benefits that the operation of the saleyard brings to the Shire.

 

In light of market trends consideration would need to be had to the future viability of the yards (even when subsidised) as it is unlikely that any further capital works spending could be recouped through trading or sale of the physical asset on ultimate closure.

 

The issues raised in the safety audit report would need to be financed and addressed. This of itself presents considerable expenditure.

 

 

 

4????????? Cease trading and close the yards

 

This is the most extreme option and would have an immediate and certainly profound effect on the local Agent and their staff and will certainly have a flow on effect throughout the local industry and companion industries and rural community.? It is foreseeable that local retailers will see a downturn on sale days.

 

G J Kennedy report that the saleyard arm of their agency directly employs 2 permanent full-time employees and 4 casual employees all of which would be potentially lost in the event of closure of the yards.

 

Closure is unlikely to directly impact on cattle production in the Shire with regional markets expanding to accommodate local production.? Presumably local carriers would share this market.

Closure of the yards would however result in the loss of current Council revenue and the equivalent of the agency fees generated through the yards.? This is estimated in the vicinity of $295,000.00[3].

 

This option would also need to consider what to then do with the physical asset, be it to dismantle, relocate or sell if possible. Future stock pound facilities would also need to be considered.

 

 

CONSULTATION:

 

?????????????? Saleyards Safety Workshop

?????????????? Mr Gerry Holmes

?????????????? South-Eastern Workplace Safety

?????????????? Risk and Safety Officer

?????????????? Saleyard Advisory Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The ongoing operation of the Saleyards presents significant environmental issues which will need to be managed.? These issues are detailed in the report.? A proposed effluent management plan is available, however, full costing and works schedule have not been completed for want of adequate budget allocation. The proposed plan would require consultation with the Showground Committee of Management as the plan impacts on the existing stable facilities.

 

Social

 

Previous reports have highlighted the social implications of not proceeding with the Saleyards operation. The opportunity cost of allocating the estimated funds to other projects has not been considered.

 

Economic

 

The economic impact of the sale Saleyards has been previously reported although it should be noted that the overall economic impact of the Saleyards has not been quantified.? It is presumed, however, that local businesses benefit from increased passing trade on sale days and that associated businesses benefit likewise.? Specialist investigation and reporting would be required to determine if this level of trade would be lost to local business in the event the Saleyards cease trading.

 

Risk

 

The risk to Council in continuing the current operation has been clearly highlighted.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No allocation has been made for the projected costs of the remedial work.? The balance of the Saleyards Equipment reserves as at 30 June 2009 was $20,800.? Continuing the operation of the Saleyards would require a significant investment from Council.? It should be noted that this investment, based on current operating figures would not attract a financial return to Council but would on the other hand, mitigate the risk of incurring significant penalties for breach of legislative requirements and from litigation by injured patrons and workers.

 

Source of fund and any variance to working funds

 

Funds will need to be drawn from working funds.

 

 

Attachments:

1View

14012/2010 - Aerial View Saleyard work area

 

??


Ordinary Council Meeting - 17 June 2010

Report on Workshop for Saleyard Safety and Compliance

 

 

?


Ordinary Council Meeting

17 June 2010

General Manager's Report

ITEM 8.9????? T008/2010??????? 170610???????? Tenders for Provision of Banking and Associated Services - T008/2010

 

AUTHOR/ENQUIRIES:???? Faye Hawthorne, Accountant ????????

 

Summary:

 

Tenders for the provision of banking and associated services for the five year period 1 July 2010 to 30 June 2015 closed on the 27 May 2010.

 

The Tenders were assessed in accordance with criteria provided in the specification.? Tables of results are contained in the attached Confidential Circularised Document Tender Assessment T008/2010.

 

The company with the best score through the evaluation system is the National Australia Bank.

 

 

Recommendation:

 

That Council accept the Tender from the National Australia Bank for the supply of Council?s banking services for the five year period 1 July 2010 to 30 June 2015, in accordance with the terms and conditions stated in its Tender response, excluding the electronic bill payment services that will continue as currently in operation.

 

 

OPTIONS:

 

1????????? Council can retain a status quo and not make a decision.

 

2????????? Council can continue with the National Australia Bank with upgraded arrangements for the period of (5) years as per their tender submission.

 

3????????? Council can decide to change banks to the Commonwealth as per their tender submission.

 

 

DISCUSSION:

 

The two tenders were submitted on a ?Commercial-In Confidence? basis.

 

The tender document was structured to require the tender to provide information on all the banking services available in addition to those already utilised, to ensure Council can improve its day to day operations and offer the best available and cost effective service to its customers.

 

The assessment of tenders was undertaken with regard to the following criteria:

 

1????????? Tender price and value

2????????? Range of services available

3????????? Capability to service needs, including branch structure

4????????? Services available to Council customers

5????????? Interest rate payable on daily credit account balances

6????????? Capacity to service borrowings and loan interest rates

7????????? Methodology for price adjustments during the tem of the contract.

 

The National and Commonwealth Banks are two of the ?big four banks? in Australia and are industry leaders in the development and implementation of new technology and products and services to satisfy customer demands.

 

Council has a good record of embracing new technology in the banking and finance industry and all of the electronic services tendered are being utilised.?

 

The emerging development that may provide future opportunities for cost savings and improvements in processing is eProcurement which is intended to reduce procurement costs and the cost of purchase items as well as processing and payment costs. This technology is evolving and Council will consider implementing when the solution will deliver tangible cost benefits.

 

As the information is ?Commercial-In-Confidence? please refer to Item 4 of the Manager Financial Services for the Confidential Business Paper for the schedule of fees for the two tenders received.

 

It is evident that the banking industry is operating in a competitive market with the tenders showing similar services and facilities for the various fee structures.

 

The following is a summary of the responses to the Banking Services and Operations sought in the tender document.

 

 

1??????? BANKING SERVICES AND OPERATIONS

 

Bank Accounts

 

Both tenders provide the account structure needed including daily transfer of excess funds to an ?on call? investment account that is a higher yield interest bearing account.

 

Both tenders provide an overdraft facility.

 

Rates and Water Accounts

 

Both tenders provide a full range of paper based and electronic revenue collection services.

 

Council currently provides pay by phone and pay by internet through CommSecure e-business and BPay, Direct Debit, EFTPOS and Mastercard and Visa credit card facilities through the NAB.

 

Both tenders provide a fully integrated electronic bill payment service through a single provider that will simplify in house processing and reconciliation and create efficiencies in reducing the time to complete the daily processing.

 

Other Accounts

 

Both tenders provide over the counter EFTPOS facilities with a range of terminals to cater for different transaction volumes and remote locations. They also provide full mobile EFTPOS services.

 

Agency Facilities

 

The NAB provides a pay in person option through Australia Post. The Commonwealth Bank is currently undertaking a concept study to determine the viability and benefit of utilising bill payments through Australia Post.

 

Council provides agency facilities through the BCU and has no immediate plans to discontinue the service.

 

Account Payments and Deposits

 

Both tenders cater for the two existing methods of paying accounts, being cheque and direct credit via electronic funds transfer.

 

Both tenders propose other payment options to reduce the volume of cheques by expanding the use of corporate credit cards and development of eProcurement solutions.

 

Both tenders have a Bank branch in Macksville and will accept deposits of cash and cheques daily.

 

Payment of Salaries and Wages

 

Both tenders have comprehensive and flexible payroll payment systems that process outward payments overnight and have backup procedures to overcome any hardware or communication problems. Both have the flexibility to manage processing that may miss designated cut off times.

 

Daily Account Information Access ? On line banking

 

Both tenders provide online access to all bank accounts. The NAB provides access to transactions for the previous day. The Commonwealth provides real time access as transactions are processed.? The only benefit for Council with real time access would be online enquiries, which would be insignificant. Daily transactions only need to be downloaded once a day.

 

Both tenders provide a wide range of options for downloading daily transactions and interface with the new Authority solution.

 

Both tenders provide the facility to automate overnight transfers between accounts within perimeters predetermined by Council.

 

Corporate Credit Cards/Purchasing Cards

 

Both tenders have comprehensive offering for corporate cards enabling Council to choose a card and credit limit to suit. Council is able to administer the cards online and make real time changes to the card holder details and check transactions.

 

Night Security / Cash Deposit Safe

?????????

Neither tender have night safe facilities. The purpose of such facility is for

Council to make after hours deposits of cash from a remote location. Council can continue to utilise the BCU night safe.

 

 

2??????? SYSTEMS REQUIREMENTS

 

Both Banks have extensive IT and Communications Departments that ensures their products are compatible with their customers requirements. Council?s new Authority software system has full integration with both Banks for day to day operations and the seamless upload of enhancements and new functionality.

 

 

3??????? OTHER BANKING SERVICES

 

Both tenders indicate they are always developing their products with the aim of continually adding value to customers and organisations.

 

Both tenders offered employee benefits programs and usage reports to give indication of the program?s impact on staff.

 

The Commonwealth has a dedicated Local Government Group, with industry representatives that are able to focus on the particular and unique requirements of Councils.

 

The Commonwealth detailed its proven implementation methodology for commissioning its services in a new organisation. They recognise the cost to Council in adopting a new supplier and have either waived or significantly reduced establishment fees for the majority of facilities. They refer to their achievements with two recent new clients, Gosford City Council and Liverpool City Council and that they are the primary banker to 76 of the 152 NSW Councils.

 


4??????? BORROWINGS

 

Council will be undertaking extensive capital expenditure in Water Supply and Sewerage services in conjunction with the Department of Commerce. These programs are subject to approval, however this expenditure could require loan funds of between $10 million and $30 million within the five year term of this bank service.

 

The NAB referred to its current loan book with Council and its history of meeting Council requests for loans The Bank is committed to the Local Government sector and will continue this support.

 

The Commonwealth indicate they are a major lender to the Local Government market in NSW with their 76 Council customers and are well placed to assist with Council?s future borrowings.

 

 

5??????? INVESTMENTS

 

Both tenders provide a range of investment options and advice that maximise Council?s returns and ensure Council is fully informed of new market developments.

 

A report on the expressions of interest received for Specialised Investment Advice is a separate item for the meeting which will determine Councils investment solutions.

 

 

6??????? METHODOLOGY FOR PRICE ADJUSTMENTS

 

The fee structure for both tenders has been determined based on the statistical information provided by Council in the tender document. A significant decrease in the transaction volumes will result in both banks reviewing their fees.

 

The Banks also reserved their right to alter the fee of a product or service should there be material changes in statutory charges, fees and charges applied by Card schemes that are charges directly to the banks or increase in communication charges between financial institutions.

?

The two original documents are available for review on a ?commercial-in-confidence? basis.

 

The two tenders received will provide the comprehensive banking service required to allow Council to continue to carry out it financial operations in an efficient manner, and offer the latest facilities to its customers.

 

The summary of the schedule of fees reveals minor variations in most products with the overall variation such to be considered non material.

 

The most cost effective banking solution is to retain the National Bank as Council?s primary banker and continue to utilise the current electronic service providers.

 

 

CONSULTATION:

 

?????????????? Manager Financial Services

?????????????? Former Director of Corporate Services (Mr Perry McNally)

 

 

SUSTAINABILITY ASSESSMENT:

 

Not Applicable.

 


FINANCIAL IMPLICATIONS:

 

Not Applicable.

 

Attachments:

1View

?- CONFIDENTIAL CIRCULARISED DOCUMENT - Tender Assessment T008/2010

 

??


Ordinary Council Meeting - 17 June 2010

Tenders for Provision of Banking and Associated Services - T008/2010

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Tenders for Provision of Banking and Associated Services - T008/2010

 

 

 

CONFIDENTIAL CIRCULARISED DOCUMENT - Tender Assessment T008/2010

 

??Pages

 

??


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 170610???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 June 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, 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.

 

 

 

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

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:? 0

 

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

2010/114

26/02/10

Change of Use - wine tasting

Lot 1522 DP 593173, 536 Welsh's Creek Road, Yarranbella

? Objection to sale of liquor so close to dwelling

? Increase in traffic and dust issues on narrow dirt road

? Loss of privacy as driveway looks onto living area

? Amenity with lights of vehicles

? Noise and security issues

? Potential anti-social behaviour

? Devaluation of property, especially if the development is expanded

Site inspection to be scheduled to discuss issues raised.
DES is considering road and traffic impact and will recommend conditions accordingly.
Site inspection and interview with objector 21/4/10 - recommend conditions to address concerns raised.

This has been Called in ? see report for 16 June GPC.


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2010/123

11/02/2010

Dual Occupancy? - Second Dwelling

Lot 3 Section 7 DP 244537, 1 Henderson Street, Valla Beach

? Height and density not consistent with current community

? Lot size too small for proposed dwelling

? Concerns with stormwater provisions

DES is considering stormwater impact and feasibility of pumping stormwater to the street.
Site inspection 22/4/10 ? recommend conditions to address concerns raised.

4/06/10 Applicant engaging engineer to address stormwater concerns. Applicant given further 14 days to lodge information or withdraw application.

 

2010/146

27/04/10

Demolition of existing dwelling & construction of 3 townhouses

Lot 11 Section N DP 20823, 60 Wallace Street, Scotts Head

? Sun and natural light reduction to neighbouring dwelling

? 2 storey building imposition on skyline

? Potential noise issues

? Privacy issues

The matters raised will be addressed in the determination of the application.

To be determined by the end of June.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 170610???????? DA's and CDC's Received and Determined under Delegated Authority 25 May-7 June 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
25 MAY-7 JUNE 2010

 

DA Number

Application Date

Development

Address

2010/164

24/05/2010

Awning on front of garage

Lot 171 DP 755560, Sullivans Road, Valla

2010/165

25/05/2010

Use of building for food providore

Lot 142 DP 1072154, 6 Monro Street, Nambucca Heads

2010/166

31/05/2010

Change of Use - Dwelling-House

Lot 3 DP 828880, 106 Partridges Road, Tamban

2010/167

01/06/2010

Retaining Wall

Lot 295 DP 755550, 24 Wellington Drive, Nambucca Heads

 

 

 

 

 

 

 

 

 

 

 

 

2010/630

31/05/2010

Storage Shed

Lot 32 DP 813322, 7 Alfred Close, Nambucca Heads

 


 

DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 25 MAY-7 JUNE 2010

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.3????? SF1261??????????? 170610???????? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2009-2010 compared with 2008-2009 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 2009-June 2010 compared with July 2008-June 2009.

 

2????????? That Council note Occupational Certificate released for the years 2004 to 2010.

 

3????????? That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4????????? That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

Development Application Statistics

 

The figures show a -8.29% decrease in the number of DA?s received to May 2010 with construction costs decreasing by -178.25% compared to the same period in 2008/2009 (there was a particularly large development during this comparison period). The total number of DA?s/CD?s approved for the month of May was 15 plus 2 modification.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2008-May 2009

$46,593,607

209

197

July 2009-May 2010

$16,745,239

193

192

 

 

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 2010

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

64.63

38

89.75

287

38

February

30.29

22

38.92

75

6

March

38.88

27

56.56

203

1

April

37.00

34

42.42

88

6

May

36.00

34.43

67.8

301

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

#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

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

 

 

 

 

 

 

 

22

2010 Council

3

6

2

1

2

 

 

 

 

 

 

 

14

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (May)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

147

374

101

2005

118

339

67

2006

126

309

87

2007

121

374

82

2008

128

305

87

2009

112

353

79

2010

92

291

61

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

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

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

 

 

 

 

 

 

 

29

5.8

Council
2010

10

14

9

12

11

 

 

 

 

 

 

 

56

11.20



Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.4????? SF1148??????????? 170610???????? Contract Regulatory Officer's Report - May 2010

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for May 2010.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for May 2010 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

18

Returned to Owner

3

 

Impounded

15

 

Total Seized

18

18

Breakdown

Total

Total

Seized

 

18

From Previous Month

 

4

Stolen Dog Recovered

 

0

Released to Owner

2

 

Returned to Owner

3

 

Euthanized

7

 

Currently in Pound

10

 

Sold

0

 

Stolen from Pound

0

 

Total in Pound

22

22

Dumped

2

 

Surrendered

3

 

 

 

Cats

Total

Total

Seized

 

1

Returned to Owner

0

 

Impounded

1

 

Total Seized

1

1

Breakdown

Total

Total

Seized

 

1

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

1

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

1

1

Dumped

0

 

Surrendered

0

 

 


 

Kilometres travelled

3,207

 

 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

55

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.5????? SF1496??????????? 170610???????? Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 28 May 2010

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Attached for Council?s endorsement is a copy of the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 28 May 2010.

 

There are several recommendations from the Committee which Council needs to be particularly aware of:

 

Item 5.2? That Council write to the Minister for Roads and Andrew Stoner requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

Item 5.3? That the Committee recognise the local organisations and groups who have undertaken the successful projects along the Nambucca River.

 

Item 5.5? That the Nambucca River, Creeks, Estuaries and Coastline Management Committee recommend to Council that pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

General Business:?

 

That future Agendas include the opportunity for Reports from Members and Departmental updates from Attendees.

 

That as a matter of urgency a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, be sent to the Member for Oxley, Andrew Stoner for his information.

 

 

Recommendation:

 

1????????? That Council write to the Minister for Roads and Andrew Stoner requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

2????????? That Council formally acknowledge in writing, the local organisations and groups identified in the report submitted to the Nambucca River, Creeks, Estuary and Coastline Management Committee, recognising the work undertaken to successfully complete the projects along the Nambucca River.

 

3????????? That Council pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

4????????? That future Agendas of the Nambucca River, Creeks, Estuary and Coastline Management Committee include a General Business section, which provides the opportunity for Reports from Members and Departmental updates from Attendees.

 

5????????? That Council, as a matter of urgency provide a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, to the Member for Oxley, Andrew Stoner for his information.

 

6????????? That Council accept an Alternate Delegate for those members of the Committee who represent a group or organisation where the appointed member is unable to attend.

 

7????????? That the remaining minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee held on 28 May 2010 be endorsed.

 

 

OPTIONS:

 

1??????? Endorse the minutes

2??????? Not endorse the minutes

3??????? Endorse the minutes with amendments

 

 

DISCUSSION:

 

A number of matters were discussed at the Nambucca River Estuary and Coastline Management Committee meeting held on Friday, 28 May 2010. Each of the matters were presented through detailed reports.

 

Item 5.2? That Council write to the Minister for Roads and Andrew Stoner requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

The Committee feel that to achieve an outcome in this matter, it be referred to the Minister for Roads and also the Member for Oxley, Andrew Stoner, as the advice and information being received from the Grafton RTA Office, is not satisfactory. This matter has been before the Committee since 2005.

 

Item 5.3? That the Committee recognise the local organisations and groups who have undertaken the successful projects along the Nambucca River.

 

At a previous Nambucca River Estuary and Coastline Management Committee Meeting a motion was moved that Council write to organisations and groups within the Shire, to ascertain the success or otherwise of the projects they have undertaken along the Nambucca River.

 

The responses received suggest that all projects have been successful and continue to be monitored for their continued success. The Committee felt that as the request was via a resolution of Council, that Council now write to those organisations recognising the positive work that they have undertaken in partnership with individual land owners, groups and organisations.

 

Item 5.5? That the Nambucca River, Creeks, Estuaries and Coastline Management Committee recommend to Council that pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

Several attempts have been made to seek alternative quotes from companies who could provide the same service as quoted by Greenspan. Two other companies were contacted, one from Newcastle and the other from Sydney who both declined to submit a quotation due to the distance and small nature of the project. indicating that as data loggers require regular attention and are often the subject to vandalism, the travel costs associated with this project would be significant along with the potential loss of equipment in the event of heavy storms/local floods.

 

In accordance with Council's adopted Procurement Procedures Manual, the Committee have endorsed the use of Clause 4.2.2 h. which provides Council with the ability to Exempt this Contract from the Tendering Process.

 


That future Agendas include the opportunity for Reports from Members and Departmental updates from Attendees.

 

To enable this to occur, it is proposed to include in the Agenda a General Business Section which will enable members to bring matters forward and also provide the opportunity for the members and Departmental attendees to bring matters to the attention of the Committee for further consideration, future reports and/or referral to Council.

 

That as a matter of urgency a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, be sent to the Member for Oxley, Andrew Stoner for his information.

 

Committee Member Fay Lawson, enquired as to whether the submission that Council made to the Department of Planning for the environmental assessment of the proposed Pacific Highway Bypass had been submitted to Member for Oxley, Andrew Stoner. The advice indicated that a copy had not been sent to Mr Stoner, and it was the Committee?s view that a copy be sent to Mr Stoner so he may take these matters forward in Parliament on behalf of his constituents.

 

CONSULTATION:

 

Nambucca River, Creeks, Estuary and Coastline Management Committee

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues with this report.

 

The matters presented to the Nambucca River, Creeks, Estuary and Coastline Management Committee for consideration and discussion provided an assessment on the environmental impacts.

 

Social

 

There are no social issues with this report.

 

The reports presented to the Nambucca River, Creeks, Estuary and Coastline Management Committee provided an assessment on the social impacts.

 

Economic

 

There are no economic issues with this report.

 

Risk

 

There are no risks with this report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets ? N/A

 

Source of fund and any variance to working funds ? N/A.

Attachments:

1View

12382/2010 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 28 May 2010

 

?

?


Ordinary Council Meeting - 17 June 2010

Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 28 May 2010

 

PRESENT

 

Cr Janet Court (Chairperson)

Peter McNally (Nambucca Valley River Users Group)

James Hallam (NSW Farmers)

Tim Ryan (Landcare)

Louise Robinson (NH LALC) (Aboriginal Interests)

Fay Lawson (Flood Affected Landowner)

Joy van Son (Environmental Group)

 

 

 

ALSO PRESENT

 

Greg Meyers (Director Environment & Planning)

Barbara Parkins (Minute Secretary)

Jacqui Ashby (Environmental Compliance Officer)

Darryl Lang (SES)

Anna Sedlak (Maritime)

Robert Kennedy (Nambucca Valley Tourism)

 

 

APOLOGIES

 

Cr John Ainsworth

Theresa Spens-Black (Oyster Farmers)

Eleanor Snart (Nambucca Valley Tourism)

Kevin Gibson (DECCW)

Steven Channells (Lands and Property Management)

Marcus Riches (Primary Industries, Fisheries & Compliance)

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

13/10 Resolved: (Lawson/McNally)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 12 February 2010, by Council at its meeting of 4 March 2010.

 

 

 

Asking of Questions with Notice

ITEM 4.1????? SF1496????????????? 280510????? Boat Ramps for Macksville

14/10 RESOLVED: (Ryan/Lawson)

 

That the Committee refer this matter to the Nambucca River Users Group and Maritime for comment.

 

 

 

?


Director Environment and Planning Report

ITEM 5.1????? SF1496????????????? 280510????? Induction for the New Members of the Nambucca River, Creeks, Estuaries and Coastline Management Committee

15/10 RESOLVED: (Robinson/Hallam)

 

That the Committee members note their responsibilities and accountabilities as a member of the Nambucca River, Creeks, Estuaries and Coastline Management Committee being a Section 355 Committee of Council.

 

 

 

 

 

ITEM 5.2????? SF1496????????????? 280510????? Report on Outstanding Items 14 May 2010

16/10 RESOLVED: (McNally/Ryan)

 

That the list of outstanding actions be noted and received by the Committee.

 

17/10 Resolved: (Lawson/van Son)

 

That Council write to the Minister for Roads and Andrew Stoner requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

 

 

 

 

ITEM 5.3????? SF1496????????????? 280510????? Restoration projects and programs in the Nambucca River Catchment

18/10 RESOLVED: (Ryan/Robinson)

 

That the report be noted that all projects completed along the Nambucca River have been assessed as being successful.

 

19/10 Resolved: (Lawson/Hallam)

 

That the Committee recognise the local organisations and groups who have undertaken the successful projects along the Nambucca River.

 

 

 

 

 

ITEM 5.4????? SF1338????????????? 280510????? Lower Nambucca Flood Study Update

20/10 RESOLVED: (McNally/Ryan)

 

That the committee note the progress with the Lower Nambucca River Flood Study Review.

 

 

 

 

 

ITEM 5.5????? SF765??????????????? 280510????? Water quality testing/Acquisition of Data Loggers - Nambucca River

21/10 RESOLVED: (van Son/Lawson)

 

That the Nambucca River, Creeks, Estuaries and Coastline Management Committee recommend to Council that pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

22/10 Resolved: (Robinson/Ryan)

 

That for future projects the Committee consider partnerships and capacity building within our own LGA as an option.

 

 

 

ITEM 5.6????? SF1184????????????? 280510????? Nambucca Coastal Hazard Management Plan

23/10 RESOLVED: (Robinson/van Son)

 

That the Committee note the progress with the Nambucca Coastal Hazard Management Plan.

 

 

 

GENERAL BUSINESS

 

24/10 Resolved: (van Son/Robinson)

 

That future Agendas include the opportunity for Reports from Members and Departmental updates from Attendees.

 

 

25/10 Resolved: (Lawson/Robinson)

 

That as a matter of urgency a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, be sent to the Member for Oxley, Andrew Stoner for his information.

 

NEXT MEETING DATE

 

The next meeting will be held on 13 August 2010 commencing at 8.30 am.

 

CLOSURE

 

There being no further business the meeting was closed, the time being 10.00 am.

 

???????????.

CR JANET COURT

(CHAIRPERSON)

 

?


Ordinary Council Meeting

17 June 2010

Director Environment & Planning's Report

ITEM 9.6????? SF785????????????? 170610???????? Report on Nambucca Shire Crime Prevention Plan

 

AUTHOR/ENQUIRIES:???? Colleen Henry, Community Safety Project Officer ????????

 

Summary:

 

As required by the State Attorney General's Office, Council must provide an annual Safer Community Compact progress report indicating satisfactory implementation of Council's Crime Prevention Plan (NSW Crime Prevention Grant Guidelines 2008). Following consultation with a range of community stakeholders, the action plan section of the plan has been modified to identify achievements and note progress against the plan.

 

 

Recommendation:

 

1????????? That Council note the report against progress for the Crime Prevention Plan (CPP) action plan as attached.

 

2????????? That Council inform the NSW Attorney General's Office of progress against the original plan.

 

 

OPTIONS:

 

None.

 

 

DISCUSSION:

 

The CPP was released in 2008 following a lengthy development process. Council endorsed the plan and the submission of a grant application for the Safer Women Around Nambucca Shire (SWANS) project, which was subsequently successful.

 

Consultation associated with the current review of the plan has taken a number of forms, including a workshop attended by the Department of Juvenile Justice, the Nambucca Valley Neighbourhood Centre, Nambucca Valley Family Support Service, NSW Police Force (Nambucca Region and Domestic Violence Coordinator), Warrina Women and Children's Refuge, Miimi Mothers, Macksville Local Court Registrar, a Primary Health representative, and the Council's Youth Development and Community Development Officers. Presentations have been given to the Nambucca Heads Chamber of Commerce (with offers of presentations to other chambers); the Nambucca Heads Community Action Group, and an interagency networking meeting held at the Neighbourhood Centre in May. One-on-one consultation has taken place with the Department of Corrective Services.

 

As a result of these consultations, the action plan has been updated to report on progress against activities over the two last years. Also, slight modifications have been made to actions to bring them into line with current priorities for crime prevention activities according to consulted stakeholders.

 

One major issue highlighted by the consultation was that there was a very low level of awareness of the plan's existence, even among agencies or groups which were tasked in the plan with delivering activities. For example, there is a heavy reliance in the existing plan on the Nambucca Valley Family Violence Action Group, which is a non-funded, loosely organised group of people who feel strongly about decreasing family violence, but which has almost no resources to run projects.

 

A pr?cis of the crime prevention workshop is attached for Council's information.

 

Council should note that the CPP is due for a full review in 2011 and will need to consider how to resource this review in the near future.

 

 

CONSULTATION:

 

Director Environment and Planning

Manager Community and Cultural Services

Youth Development Officer

Community Development Officer

NSW Police Force

Others as identified above.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

None.

 

Social

 

Council and other government and non-government agencies will be able to apply for future grants, thus leading to further crime prevention initiatives within the Shire.

 

The CPP has a higher profile than it did previously and a number of groups which are named in the plan as stakeholders are now actively pursuing crime prevention activities from the plan.

 

Economic

 

None.

 

Risk

 

None.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

None.

 

Source of fund and any variance to working funds

 

None.

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

17 June 2010

Director of Engineering Services Report

ITEM 10.1??? SF992????????????? 170610???????? Nambucca Emergency Operations Centre Committee Minutes - 2 June 2010

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

The Committee addressed the issue of priorities for building maintenance.

 

 

Recommendation:

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 2 June 2010.

 

 

OPTIONS:

 

No other options are required.

 

 

DISCUSSION:

 

The Committee discussed the agenda items as presented. Each meeting addresses issues and progress within budgets. A copy of the minutes of 2 June 2010 is attached.

 

 

CONSULTATION:

 

Members of the Nambucca Emergency Operations Centre Committee (NEOC), Nambucca Shire Council, NSW Rural Fire Service and State Emergency Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant impact.

 

Social

 

The Committee aims to provide equity amongst facility users.

 

Economic

 

Council, as the landlord, is responsible for building and ground maintenance.

 

Risk

 

The meeting allows the user groups to come together and discuss matters of common interest and understand the office and storage needs of the NSW Rural Fire Service and the State Emergency Services.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget provides $5,000 from Council funds for building maintenance at NEOC.

 

Source of fund and any variance to working funds

 

No additional funds from Council required.? The NSW Rural Fire Service have provided funding for their extension.

 

Attachments:

1View

14108/2010 - Minutes - Nambucca Emergency Operations Centre Committee - 2 June 2010

 

??


Ordinary Council Meeting - 17 June 2010

Nambucca Emergency Operations Centre Committee Minutes - 2 June 2010

 

 

PRESENT

 

Cr John Ainsworth (Chairperson)

Cr Mike Moran OAM (Nambucca Shire Council)

Bruce Redman (Director Engineering Services)

P King (Rural Fire Service)

R Townend (State Emergency Services)

R Monk (Observer ? Nambucca Shire Council)

M McHugh (State Emergency Services)

A Luzuriage (Observer ? State Emergency Services)

C Miller (Rural Fire Service)

T Jarrett (Observer ? Rural Fire Service)

 

 

APOLOGIES

 

There were no apologies for this meeting.

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

6/10 Resolved:?? (McHugh/King)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 12 February 2010, by Council at its meeting of 4 March 2010.

 

 

 

?

Director Engineering Services Report

ITEM 5.1????? SF992??????????????? 020610????? Membership

7/10 RESOLVED:?? (Miller/Townend)

 

That the Nambucca Emergency Operations Centre Committee adopt Acting Manager Cecil Miller as the NSW Rural Fire Service committee member instead of Inspector David Phillips.

 

 

 

 

 

ITEM 5.2????? SF992??????????????? 020610????? State Emergency Services Extension Review MG56 1-6 Revision B

8/10 RESOLVED:?? (Townend/Miller)

 

That the Nambucca Emergency Operations Committee note the status of the SES building modifications proposal.

 

 

 

 

 

ITEM 5.3????? SF992??????????????? 020610????? NSW Rural Fire Services Extensions

9/10 RESOLVED:?? (King/Miller)

 

That the Committee note that Council let the tender for the NSW Rural Fire Service Extensions to Costa Builders Pty Ltd.

 

 

 

 

 

ITEM 5.4????? SF992??????????????? 020610????? Works Program Update - May 2010

10/10 RESOLVED: (Townend/McHugh)

 

That the Nambucca Emergency Operations Centre note the progress of the Works Program Update ? May 2010.

 

 

 

 

 

ITEM 5.5????? SF992??????????????? 020610????? General Business - Progress on issues raised - May 2010

11/10 RESOLVED: (King/McHugh)

 

That progress on the issues raised at the meeting held in February be noted.

 

 

 

 

GENERAL BUSINESS

 

GB4/10 ? Mr A Luzuriage - SES Extension (Ref SF992)

Advised that the $20,000.00 grant will be approved for 2011/2012.? No written advice at this time.

 

 

GB5/10 - Mr Richard Townend - Training Room 1 (Ref SF992)

Request that the allocation of Training Room 1 to the SES be recognised before the SES extensions take place and that training by other bodies be allocated to Training Room 2.

 

 

GB6/10 - Mr Richard Townend ? Grading Works (Ref SF992)

Request that the grader be made available to level the back area to improve drainage.

 

 

GB7/10 - Ms Margaret McHugh - Vermin Removal (Ref SF992)

Request that the large rat be trapped and removed from the building.

 

 


 

GB8/10 - Mr Richard Townend - Replacement of skylights (Ref SF992)

Request that the replacement of the clear sheeting (skylights) in the storage shed be replaced in the 2010/2011 NEOC building maintenance budget.

 

 

GB9/10 - Mr Tony Jarrett - Waste Bins (Ref SF992)

Would like more litter bins provided at entry areas.

 

 

GB10/10 - Mr Richard Townend - Maintenance for External Walls (Ref SF992)

The external walls of the old section of the building need painting or recladding.

 

 

GB11/10 - Ms Margaret McHugh - Replacement of kitchen equipment (Ref SF992)

The dishwasher and stove need replacing or removing when the kitchen is upgraded.

 

 

GB12/10 ? Mr Tony Jarrett - Room Hire Fees (Ref SF992)

Can the cleaning fees or room hire charges be enforced on organisations using the Training Rooms.

 

 

 

???

 

NEXT MEETING DATE

 

The next meeting will be held on 4 August 2010 commencing at 9.00 am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 10.00 am.?

 

 

 

 

 

____________________

CR JOHN AINSWORTH

 

?


Ordinary Council Meeting

17 June 2010

Director of Engineering Services Report

ITEM 10.2??? SF1092??????????? 170610???????? Status of Plans of Management for Community Land

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

An overview has been prepared on the status of Plans of Management for Community Land to enable Council to forecast future priorities and the associated funding.

 

 

Recommendation:

 

1??????? That Council note the report on the status of the Plans of Management for Community Land.

 

2??????? That Council adopt the Bellwood Road Reserve as priority 1 for the development of a future Plan of Management.

 

 

OPTIONS:

 

?????????????? Priority as recommended

?????????????? Include Faringdon Playing Fields and Kingsworth Lake Reserve as high priority reviews

 

 

DISCUSSION:

 

The Local Government Act 1993 created the requirement to develop Plans of Management for Community Land.?

 

Such Plans could be of three types if appropriate:

 

1??????? Generic Plans

 

????????? Areas that are separated but have a common use such as playgrounds and bushland reserves.

 

2??????? Geographical Plans

 

????????? Appropriate for a parcel of land relating a natural feature such as a headland.

 

3??????? Significant Area Plans

 

????????? This is a Plan for a specific park or facility.

 

All the three have been used in the Nambucca Shire.

 

Council sought a report on what Plans of Management are outstanding and what urgency is attached to each.

 

Firstly it is helpful to know what Plans are in place.

 

1??????? Generic Plans

 

????????? The following common use Plans exist:

 

????????? i???????? Playgrounds?????????????????????????????????????? 8 sites

????????? ii??????? Natural Areas, Bushland ???????????????????? 16 sites

????????? iii?????? Natural Areas, Watercourses?????????????? 21 sites

????????? iv??????? Natural Areas, Foreshores?????????????????? 3 sites

 

 

2??????? Geographical Plans

 

????????? i???????? Draft Valla Beach Coastal Plan.

 

 

3??????? Significant Area Plans

 

????????? i???????? Crown Land ? Bellwood Park

 

?????????????????? Creating a Plan of Management over Crown Land requires a direction from the Minister (Crown Lands) to prepare and eventually to adopt.

 

????????? ii??????? Other Public Land

?????????????????? a??????? Coronation Park

?????????????????? b??????? E J Biffin Playing Fields

?????????????????? c??????? Anderson Park

?????????????????? d??????? Taylors Arm Sports Reserve

?????????????????? e??????? River Street, Macksville Foreshore

?????????????????? f???????? Buz Brazel Park

?????????????????? g??????? Donnelly Welsh Playing Fields

?????????????????? h??????? Macksville Park

?????????????????? i???????? North Macksville Playing Fields

?????????????????? j???????? Adin Street Oval

?????????????????? k??????? Faringdon Playing Fields

?????????????????? l???????? Unkya Reserve

 

A number of Plans have been commenced or are being reviewed to varying degrees.? They are:

 

No

Plans

Comments

% completed

1

Valla Beach Coastal Reserves

This is Crown land and there has been regular consultation with the previous Dept of Lands.? A number of pre-exhibition community consultation sessions have been held to ensure that it meets broad community expectations.? Amendments are required to meet Dept of Lands comments.? The Minister has to agree to the exhibition.

90% completed

2

Faringdon Playing Fields

There is already an existing Plan.? A revision is necessary to reflect a change from being a sporting field area to a passive park

5% completed

3

Kingsworth Lake Reserve

This area is currently covered by an existing generic Plan for Natural Areas, Bushland.? A revision is necessary to create a Significant Area Plan because of the potential of the site.? The recent increase in road frontage to Old Coast Road provides improved access and increases the scope that the Reserve could be used for in the future.

5% completed

4

Bellwood Road

There is a 20 metre wide strip the length of the road on the northern side starting about opposite the Muurrbay Aboriginal Language and Cultural Centre.

 

This area would benefit from a Plan of Management because of potential conflict and misunderstanding for a range of issues that include, bush fire hazard, overhanging tree limbs, difference of opinion over the standard of maintenance tree clearing and Aboriginal cultural issues.

1% completed

 

The main areas without a Plan of Management include the following:

 

i???????? Gordon Park

ii??????? McKay Park

iii?????? McMorrine Park

iv??????? Rotary Park/Dawkins Park

v??????? Anzac Park

vi??????? Bellwood Road

vii?????? Stuart Island (North)

vii?????? Bowraville (Park Street)

viii????? Mackay Park

ix?????? Weir Reserve (Scotts Head)

x??????? Hennessey Tape Fields

 

The Plans of Management are for Community Land ?managed? by Council.? There are examples of Community Land ?managed? by others that therefore do not have Plans of Management prepared by Council.? These are:

 

i???????? Bowraville Golf Course

ii??????? Nambucca River Racecourse

iii?????? Stuart Island Golf Course

iv??????? Showground

 

There are also parcels of land that Council has expressed an interest in developing eg? Deep Creek Reserve.

 

All the Plans have been developed in-house but this arrangement may not be possible in the future as the staff have limited expertise in this area.

 

The suggested priorities are:

 

1??????? Valla Beach Coastal Reserves

2??????? Bellwood Road Reserve

 

The other Plans are low priority.

 

The two Reserves currently identified for revised Plans do already have Plans of Management.? Faringdon Playing Fields as a ?sportsground? and the Kingsworth Lake Reserve as ?bushland?.? They do not need addressing until a clear development proposal has been determined.

 

It is my intention to complete the Draft Plan for Valla Beach Coastal Reserves as it has a long history that would be difficult for a third party to ?pick-up?.

 

This leaves as the greatest priority the Bellwood Road Reserve.

 

 

CONSULTATION:

 

Nil.

 

SUSTAINABILITY ASSESSMENT:

 


Environment

 

Plans of Management address environmental issues.? Some of the land is categorised as bushland etc due to the environmental value.

Social

 

The Plans of Management give the sporting groups, neighbours and general community stated standards permitted uses and future Plans for Community Land.

 

Economic

 

Plans of Management identify annual costs and future capital works costs should certain actions occur.

 

Risk

 

Plans of Management identify the means of compliance to reduce the risk of incorrect uses and development.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Likely costs to prepare the Bellwood Road Reserve can be sought through expressions of interest.

 

Source of fund and any variance to working funds

 

Funds will need to be provided from revenue to fund the development of Plans of Management by external sources.

 

Attachments:

1View

?- A folder of Plans of Management will be available for reading.? Many of the Plans are on Council's Website.

 

??


Ordinary Council Meeting - 17 June 2010

Status of Plans of Management for Community Land

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Status of Plans of Management for Community Land

 

 

 

A folder of Plans of Management will be available for reading.? Many of the Plans are on Council's Website.

 

??Pages

 

?? ?



[1] Note that this repayment rate matches the repayment for 2008/2009 over the next ten years. The loan matures in 2025.

[2] This amount is an arbitrary amount calculated to accrue $100,000 over a ten year period. Capital reserve can be used to upgrade/reinstate the asset upon expiry of the lease period or to demolish, relocate or dismantle the asset if operations do not continue beyond the lease term.

[3] This being the estimated? Revenue directly generated from saleyard activities by council and the agent