Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

2 September 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 - 2 September 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 - 19 August 2010

5??????? Notices of Motion

5.1???? Notice of Motion - Request for Leave - Cr Anne Smyth

5.2???? Notice Of Motion - Local Governmemnt (Manufactured Home Estates, Caravan Parks, Camping Grounds & Moveable Dwellings) Regulation 2005 ?

6??????? PUBLIC FORUM

7??????? ASKING OF QUESTIONS WITH NOTICE ??

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports

9.2???? Fees and Charges - Section 94 Developer Contributions:? Bellwood Local Roads and Traffic Contribution Plan 2009

9.3???? Missabotti Community Centre Committee of Management AGM ? 28 July 2010

9.4???? Gordon Park Tennis Centre Committee of Management - AGM ? 22 July 2010

9.5???? Gordon Park Rainforest Walks Committee of Management - AGM - 5 August 2010

9.6???? Welsh Pioneer Park Committee of Management - AGM ? 11 August 2010

9.7???? South Arm Hall Committee of Management AGM - 22 August 2010

10????? Director Environment and Planning Report

10.1?? DA's and CDC's Received and Determined under Delegated Authority

????????? 10-23 August 2010

10.2?? Outstanding DA's Greater than 12 Months, Applications Where Submissions Received Not Determined to 23 August 2010

10.3?? Advice of Successful Grant Applicati?????????????????????????????????????????????????????????? ons - Nambucca Coastal Hazard Management Plan and Nambucca River Flood Study Review

10.4?? Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 13 August 2010

10.5?? Our Living Coast Update

11????? Director Engineering Services Report

11.1?? Successful Grant Applications for Scotts Head and Bowraville

11.2?? Deed of Agreement for transfer of land for Kingsworth Estate Water Supply reservoir

11.3?? Tender - T024/2010 - Supply and incorporation of stabilising agents

11.4?? Tender - T025/2010 - Supply and spraying of bitumen

11.5?? Tender - T026/2010 - Supply of Crusher Run - Ex Bin Maintenance & Emergency Work

11.6?? Tender - T027/2010 - Supply of Raw Feed Ex Bin

11.7?? Tender - T028/2010 - Supply of Roadbase Ex Bin

11.8?? Nambucca Emergency Operations Centre Committee Minutes - 4 August 2010

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

2 September 2010

General Manager's Report

ITEM 9.1????? SF959????????????? 020910???????? Outstanding Actions and Reports

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

Summary:

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with ~~strikethrough~~ and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

Recommendation:

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

FILE

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

STATUS

OCTOBER 2008
1	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 31 July 2010.~~ GHD advise that ground survey completed.? Capacity analysis starts end of July 2010.
MAY 2009
2	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. Scotts Head Trust has approved Council spending $40,000. Return letter sent advising that $40,000 matching contribution is required. Project will not proceed unless budget is $80,000.? Cancel project and reallocate Section 94 funds if Scotts Head Reserve Trust do not contribute $40,000.

JULY 2009
3	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. IT Support Officer now proceeding with implementation.
AUGUST 2009
4	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
5	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. ?Planet Footprint? engaged for 1 year at a cost of $3,450 to report on energy consumption by site and also to negotiate lower tariff for halls and museums with Country Energy.? Their first report will be to the October 2010 meeting.
JANUARY 2010
6	SF839	21/01/10		General Manager and Directors be reminded to report on potential revotes at quarterly reviews.	GM	On-going.
7	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
8	SF1471	18/02/10	Council canvass option on reducing Councillor numbers in the next customer survey		GM	Provision for Customer Survey made in 2010/2011 budget.? Jetty Research has been engaged.? Tentative booking made for late October/November.? Draft questions to be circulated to shortly.
9	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.? Report deferred to September. ?Obtaining comparative data difficult.

	MARCH 2010
10		~~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.~~ ~~DoE referral was returned as not controlled action therefore we must look at the section 91 licence.~~ ~~The DECCW section 91 licence is in draft form with the conditions. A meeting with Landcare will be set up and conditions discussed as to how Council and Landcare will be able to implement them.~~ ~~Section 91 licensed issued.?? Meeting held.? Contractor engaged to remove camphor laurels.~~ ~~Camphor laurels removed 27 July 2010.~~ ~~Meeting being arranged with residents and DECCW.~~ ~~Meeting arranged for Tuesday 24 August 10.00 am at Bowraville Lions Park.~~
	11	SF1471	1/04/10	Councillors to be advised regarding time and date of any/all special meetings or workshops.	GM		On-going
	12	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.
	13	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		Council?s General Manager has had discussions with General Managers from both Bellingen and Clarence Valley Shire Councils when finalising the 2010-2011 budget.? The matter is to be revisited for additional discussions in November/December 2010 in the lead-up to developing the 2011-2012 budget and in light of the Library Agreement concluding September 2011. Report to be prepared for Council?s consideration.
	14	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
15	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.? No response received as at 24 July 2010.? Follow up letter sent by Mayor on 20 August 2010.
16	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.~~ Developer has asked Council to select names. List of default names being developed by MTS.
17	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
18	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.
JUNE 2010
19	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. Deferred to September.
20	~~SF841~~	~~17/06/10~~	~~RTA to erect flood markers showing anticipated 1:100 year FFL with and without the new highway at Kings Point and River Street.~~	~~DEP~~		~~This will be followed up with the RTA.~~ ~~Letters sent 9 July 2010.~~ ~~Response received from RTA see Trim 18986/2010~~
JULY 2010
21	SF1487	1/07/10	Complaint regarding lack of access at the Salvation Army Thrift store in Macksville be investigated and planning staff advise whether a DA was required for the change of use and whether there were any conditions regarding wheelchair access.	DEP	Matter being investigated. Discussion with operators regarding the construction of a ramp underway.
22	SF755	15/07/10	That Council defer a decision on demolition of the old amenities at Coronation Park to allow the Junior and Senior Rugby League Clubs to put their proposed business plan to Council explaining the uses, and how the work and ongoing maintenance is to be funded.	DES	Awaiting response from Clubs by the Committee of Management. Committee submitted proposal for retention of amenities. Report to Council in October.
23	~~SF1498~~	~~15/07/10~~	~~Council write to the DoP asking for clarification on their definitions ? supplementary feeding, wholly and substantially, and intensive and extensive agriculture.~~	~~DEP~~	~~Letter sent 28 July 2010.~~ ~~No response as at 10 August 2010.~~ Response received 23 August 2010 see Trim 20423/2010 attached.
24	SF45	15/07/10	Council write to the Minister for Roads outlining condition of its roads and bridges and our financial constraints in providing an adequate level of service.? Also encourage other A Division councils to do likewise.	GM	Letters sent w/e 23 July 2010.
25	SF1528	15/07/10	GIPA ? review policies and prepare registers by August 2010, define open access information by September 2010, complete publication guide and submit to OIC by October 2010, upload all information to web by November.	GM	Review of policies and preparation of registers underway.
26	SF638	15/07/10	Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.	GM	Scheduled for October 2010.
27	SF1360	15/07/10	That Council consult with the RTA concerning their proposals for Deep Creek Bridge in providing access with the new highway.	DES	Letter sent week ending 23 July 2010. Response attached to end of report.
28	SF15	15/07/10	That a report goes to Council on the response to the tender for suitable parties to operate the saleyard under a long term lease arrangement.	GM	December 2010
28	SF218	15/07/10	Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.	GM/ DEP	Letter sent to owners in Lower Nambucca.? Briefing and discussion with property owners to be arranged. DEP to investigate Eungai. De Groot Benson to be contracted concerning a meeting date.?
AUGUST 2010
30	~~SF1391~~	~~5/08/10~~	~~Council write to all major political parties to seek a commitment to match the State Government?s funding for the off stream dam.~~	GM	~~Letters sent 9 August 2010.~~
31	SF1471	5/08/10	GM ensure any Manex or OH&S Committee decisions that impact on Council policies or budget allocations be reported to Council.	GM	On-going
32	PRF71	19/08/10	Council?s Ranger to continue surveillance of the Skate Park and provide another report on the outcome of the surveillance.	DEP	Report November 2010
33	SF382	19/08/10	That Council meet with the Minister for Lands to discuss major issues re Scotts Head Master Plan (semi-permanents and maintenance of day area)	GM	Letter sent on 25 August 2010 o Minister requesting delegation
34	SF382	19/08/10	Council hold a workshop in open meeting to discuss and formulate a position to put to the Minister for Lands.? Workshop to select reps to attend delegation to the Minister.	GM	Contact being made with Dept. of Lands and other stakeholders (business, community and semi-permanents) about a date.? Proposed to be a special GPC.? Awaiting formal advice from the Dept. of Lands as to whether they will attend a workshop.
35	PRF54	19/08/10	Boultons Crossing Reserve ? matter be deferred and CoM be notified of Council?s intention to seek an expression of interest from the NPWS to manage the reserve.	GM	Letter sent 25 August 2010.
36	RF275	19/08/10	Council defer a decision on the repair of the Bellingen Road to 2 September 2010.? Council seek Natural Disaster Funding for interim repairs.	GM	Nothing further to report.
37	SF182	19/08/10	NSW Public Works to be requested to justify pipeline delivery from on-stream storage and indicate whether they have any evidence a fish ladder would be required.	GM	Letter sent 25 August 2010.
38	SF382	19/08/10	Council seek from the Minister for Lands a copy of the legal advice provided to him by the Chief Executive of Land & Property Management in relation to the liability of the Scotts Head Caravan Park to pay general rates.	GM	Letter sent 25 August 2010.

Attachments:

1View	20423/2010 - Clarification of definitions in LEP 2010
2View	19841/2010 - RTA response for funding - Bridge Construction on Deep Creek Rd

Ordinary Council Meeting

2 September 2010

Director Environment & Planning's Report

ITEM 10.1??? SF1261??????????? 020910???????? DA's and CDC's Received and Determined under Delegated Authority 10-23 August 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
10-23 AUGUST 2010

DA Number	Application Date	Development	Address
2010/209	11/08/2010	Boundary Adjustment	Lot 25 DP 755539, Lot 242 DP 537787, Lot 135 DP 755539, 178 Gumma Road, Macksville
2010/210	11/08/2010	Dwelling Additions	Lot 1 DP 404148 Sec O, 70 Jellico Street, Macksville
2010/211	13/08/2010	New shed & carport	Lot 2 DP 20016, 20 Bellevue Drive, Macksville
2010/212	13/08/2010	Dwelling - House	Lot 73 DP 1099538, 54 Seaforth Drive, Valla Beach
2010/213	20/08/2010	Steel Shed	Lot 252 DP 843060, 5 Cocos Court, Nambucca Heads

DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY 10-23 AUGUST 2010

CONSENT/ DA	PROPERTY DESCRIPTION	DEVELOPMENT DETERMINED	EST VALUE $
DA 2010/176	Lot 1 DP 121639, 49 High Street, Bowraville	Retail plant nursery and business identification sign		2,000
DA2010/186	Lot 51 DP 1082071, 5 Wallaby Drive, Gumma	Garage ? Residential		23,000
DA2010/188	Lot 57 DP 248782, 3 Zingara Close, Nambucca Heads	Replace and extend verandah and cover		30,000
2010/202	Lot 61 DP 1099538, 41 Seaforth Drive, Valla Beach	Residential Dwelling		206,349
2010/146	Lot 11 DP 20823, 60 Wallace Street, Scotts Head	Demolish dwelling and erect multi-dwelling townhouses		700,000
2010/194	Lot 104 DP 1073632, 7 Telopea Place, Nambucca Heads	Retaining Walls		10,500
2010/160	Lot 5 DP 726509 & Lot 61 DP 260020, Sullivans Road, Valla	Dwelling-House		100.000
2010/059/01	Lot 106 DP 245010, 31 South Pacific Drive, Scotts Head	Dwelling-House and Garage MODIFICATION		272,243
2010/189	Lot 2 Sec 2 DP 2037, 2/10 Princess Street, Macksville	A-Frame sign and trading table		100

COMPLYING DEVELOPMENT ? NIL DETERMINED

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

2 September 2010

Director Environment & Planning's Report

ITEM 10.2??? SF1261??????????? 020910???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 23 August 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

2010/183

05/07/2010

Demolition of existing dwellings and erection of multi-storey residential flat building containing 15 dwellings

Lots 1 & 2 Section 35 DP 758749, 40-42 Liston Street, Nambucca Heads

? Height, overshadowing and loss of views

? Inadequate parking and traffic impact

? Visual impact on streetscape

? Loss of privacy and increased noise

Notification expired 6 August 2010

Meeting held with applicant on 12/8/10 which considered the issues raised in submissions. The applicant has agreed to submit amended plans to address some of the comments raised.

This application has been "called in" by Council and will be submitted to a GPC meeting and to Council for final determination

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2010/184

06/07/10

Use of rural property for horse breeding and riding school

Lot 1 DP 1016461,? 100 Grassy Road, Bowraville

? Dust and volume of traffic on unsealed road.

? Impact on health from dust

? Level of intensity from use of property understated.

? Noise

Notification expired 13 August 2010.

Applicant requested by letter dated 13 August 2010 to provide additional information to address all aspects of the use of the subject property.

2004/136

Ongoing from Court Decision

11 Lot Rural-Residential Subdivision

Lot 2 in DP 548175, 346 East West Road, Valla

? Dust issues and related health problems

? Clearing of koala habitat

? Impacts on biodiversity

? Threatened Species Act ? 7 part assessment ? doesn?t believe it satisfies it

? Further consideration should be given to soil testing and endangered species

Further additional information received by letter dated 30 July 2010. DA? readvertised and renotified until 13/9/10.

Attachments:

There are no attachments for this report. ?

Ordinary Council Meeting

2 September 2010

Director Environment & Planning's Report

ITEM 10.3??? SF1391??????????? 020910???????? Advice of Successful Grant Applications - Nambucca Coastal Hazard Management Plan and? Nambucca River Flood Study Review

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

Summary:

Council has received advice from the Hon Frank Sartor AO, Minister for Climate Change and the Environment that Council has been successful with two of its four applications made under the Coastal, Estuary and Floodplain management funds.

The two successful applications are:

?????? Nambucca Coastline Management Plan ? Final Stage?????????????? $15,000

?????? Continuation of the Nambucca River Flood Studies/Review???????? $40,000 (max)

Both applications are matched $ for $ through the Environmental Levy.

Recommendation:

1.?? That Council accept the two funding applications for the final stage of the Nambucca Coastal Hazard Management Plan and the continuation of the Nambucca River Flood Study and Review.

2.?? That the Director Environment and Planning use his delegations to complete and return the funding agreements.

OPTIONS:

Council could choose not to accept either or both of the grants.

DISCUSSION:

The NSW State Government implemented a new process for the calling of funding applications under the Coastal, Estuary and Floodplain management funds to align with Council's budget program.

Council submitted 4 applications (Expressions of Interest) being for:

?????? Continuation of the Implementation of the Nambucca River Estuary

????????? ?? Management Plan (Riverbank restoration)??????????????????????????????????????????????????? $50,000

?????? Implementation of the Nambucca River Masterplan????????????????????????????? $50,000

?????? Nambucca Coastline Management Plan ? Final Stage????????????????????????????????? $15,000

?????? Continuation of the Nambucca River Flood Studies/Review??????????????????????????? $40,000 (max)

Council has received advice from the Hon Frank Sartor AO, Minister for Climate Change and the Environment, that Council has been successful with two of its four applications made under the Coastal, Estuary and Floodplain management funds (see attachments).

The two successful applications are:

?????? Nambucca Coastline Management Plan ? Final Stage?????????????? $15,000

?????? Continuation of the Nambucca River Flood Studies/Review???????? $40,000 (max)

Both applications are matched $ for $ through the Environmental Levy. This further demonstrates justification for the introduction and continuation for the Environmental Levy to source external grant funds that would not normally be available to Council or its community for projects identified through the Levy. These two grants of $55,000 will see benefits for future generations within the shire and place Council in a positive position to apply for further grants for the implementation of recommendations through these Management Plans, thereby reducing the financial impact on its residents and ratepayers.

The $30,000 ($15,000 grant & $15,000 Environmental levy) for the Coastal Hazard Management Plan will assist with funding the completion of the Coastal Hazard Management Study and Plan.

The $80,000 ($40,000 grant & $40,000 Environmental levy) will assist with the continued review of the Nambucca River Flood Study and assist with the extension of the Flood studies further up the two main arms of the River.

There is a recommendation for the appointment of a Consultant to complete the final stages of the Nambucca Coastal Hazard Management Plan in the minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 August 2010 which are included in the agenda for this Council meeting. The budget for this consultancy includes the $30,000 from this grant.

The continuation of the review and extension of the Flood Studies for the Nambucca River will be assisted by these funds and will see the Flood studies extending up the river and its two main arms hoping that these funds enable the inclusion of Bowraville.

A brief will be prepared for presentation to the November 2010 meeting of the Nambucca River, Creeks, Estuary and Coastline Management Committee for endorsement and referral to Council to proceed with Tenders for the Flood Studies and Review.

CONSULTATION:

DECCW

SUSTAINABILITY ASSESSMENT:

Environment

The projects funded under the two grants will consider, identify and include the many environmental impacts and benefits.

Social

Both projects will need to take account of the impacts and benefits associated with Coastal Hazards and Flooding.

Economic

Both projects identify economic impacts associated with hazards from coastal processes and flooding. Some of the recommendations may have positive and negative economic impacts for landowners and land managers.

Risk

The projects funded under the two grants will consider, identify and include the many environmental. social, economic and exposure risks for Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Both grants were identified in draft budget and are in the final adopted 2010/2011 budget.

Source of fund and any variance to working funds

Council's matching funds are specifically identified in the Environmental Levy

Attachments:

1View	20351/2010 - Advice of Funding for Nambucca Coastline Management Plan - Final Stage
2View	20353/2010 - Advice of Grant from State Floodplain Management Program

Ordinary Council Meeting

2 September 2010

Director Environment & Planning's Report

ITEM 10.4??? SF1496??????????? 020910???????? Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 13 August 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, 13 August 2010.

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

Item 4.1? That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council?s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council?s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

Item 6.2? That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council?s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia.

The contract with SMEC Australia and Umwelt is to include an initial round of community engagement discussion as well as the community consultation during the exhibition period of the draft Nambucca Coastal Zone Management Plan.

Recommendation:

1??????? That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council?s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council?s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

???????????

2??????? That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council?s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia?????

3??????? That the remainder of the Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 August 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, 13 August May 2010. Each of the matters was presented through detailed reports.

The Director Environment and Planning confirmed that Council had written to the RTA identifying the locations of markers in the Kings Point area and along River Street Macksville. He also confirmed that the RTA noted the letter and will present Council with a map of the proposed marker locations.

This recommendation identifies additional marker locations and following the adoption of the Minutes a further letter is to be sent to the RTA.

That the Committee recommend that Council write to the other Consultants advising that they have been unsuccessful on this occasion.

Discussions will be held with SMEC to negotiate the additional community engagement without any increase in cost.

Council will recall that it endorsed a recommendation from the last Committee meeting that each representative will be given the opportunity to provide an update on their organisation/department which is of general information.

The tracking and recording of these "general business" discussions will be captured in a Table in the minutes. Any Actions that require a further letter or report for the next meeting will be specifically identified. The tracking table will be in the following format.

MEMBER	ORGANISATION	CONTENT OF REPORT	ACTION/RESPONSE
Insert Name of Member	Insert Organisation/Dept	Brief outline/description of report	What action to be taken or what response was provided

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

The funds for the finalisation of the Nambucca Coastal Hazard Management Plan are provided for in the 2010/2011 budget through the Environmental levy and External Grant funds.

Source of fund and any variance to working funds

No variation required.

Attachments:

1View

19009/2010 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 13 August 2010

Ordinary Council Meeting - 2 September 2010

Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 13 August 2010

PRESENT

Cr John Ainsworth (Chairperson)	Eleonora Snart (Nambucca Valley Tourism)
Tim Ryan (Landcare)	Fay Lawson (Flood Affected Landowner)
Theresa Spens-Black (Oyster Farmers)	Cr Janet Court

ALSO PRESENT

Greg Meyers (Director Environment & Planning)	Emma Shaw (Minute Secretary)
Jacqui Ashby (Environmental Compliance Officer)	Darryl Lang (SES)
John Schmidt (DECC)	Stephen Channells (Department of Lands)
Anna Sedlak (Waterways)

APOLOGIES

Marcus Riches (I&I NSW ? Fisheries)	Joy van Son (Environmental Group)
James Hallam (NSW Farmers)

DISCLOSURE OF INTEREST

There were no Disclosures of Interest declared.

CONFIRMATION OF MINUTES

26/10 Resolved: (Ryan/Court)

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 28 May 2010, by Council at its meeting of 16 June 2010.

NOTICE OF MOTION ? FAY LAWSON

ITEM 4.1????? SF1496????????????? 130810????? Notice of Motion - Fay Lawson - Marking of Predicted Flood Heights

27/10 RESOLVED: (Lawson/Ryan)

That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council?s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council?s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

Director Environment and Planning Report

ITEM 6.1????? SF1496????????????? 130810????? Report on Outstanding Items 13 August 2010

28/10 RESOLVED: (Court/Lawson)

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

ITEM 6.2????? SF1184????????????? 130810????? Report on Nambucca Coastal Zone Management Study and Plan Final Stages Tenders

29/10 RESOLVED: (Ryan/Court)

1????????? That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council?s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia.

2????????? That the Committee recommend that Council write to the other Consultants advising that they have been unsuccessful on this occasion.

30/10 Resolved: (Court/Spens-Black)

3????????? The contract with SMEC Australia and Umwelt is to include an initial round of community engagement discussion as well as the community consultation during the exhibition period of the draft Nambucca Coastal Zone Management Plan.

ITEM GB5/10???????????????????????? SF1496???? 130810???? Reports from Committee Members and Attendees as required

Recommendation:

That the verbal reports as given, be noted.

MEMBER	ORGANISATION	CONTENT OF REPORTS	ACTION/RESPONSE
Fay Lawson	Flood affected land owner	1?? Where is Lower Nambucca Flood Study up to? 2?? Follow up Roads and Traffic Authority power point presentation for GPC	DEP advised that the final draft will be presented to the next committee meeting DEP advised that this will be followed up
Theresa Spens-Black	Oyster Farmers	1?? Timing of Roads and Traffic Authority Flooding Peer review 2?? Soft vegetation in conjunction with rock reventment work for riverbank restoration 3?? Shellfish water quality. Nambucca River closure is 35mm of rain. Recent rain event of 37mm identified elevated levels of Faecal Caliform.	RTA advised Council that the peer review will be submitted to a future GPC meeting DEP advised that this is being considered by Engineering No comment offered
Eleonora Snart	Nambucca Valley Tourism	Logs and obstacles in river any possibility or removing them. ?	Anna Sedlak gave a response as did Steve Channells
Tim Ryan	Landcare	1?? Landcare could look at funding to assist a community group to remove obstacles for an environmental benefit 2?? Caring for Country funding. Final $100,000 component for South Beach 3?? Assisting Gordon Park, Littoral Rainforest 4?? Application for funding for the vegetation guide for the Shire 5?? Application to print 15,000 brochures etc
John Schmidt	DECC&W	1?? Interpretative signage at four (4) boat ramps, Scotts Head, Boulton?s Crossing, Stuart Island and Macksville 2?? Riparian lands Vegetation Guide booklet needs revamping to include vegetation plus stabilisation and a link on the Council website
Anna Sedlak	Maritime	1?? Covers area from Nambucca to Corindi 2?? Issue with houseboat on river, working towards finalisation 3?? Designated mooring sites on Nambucca River ? NIL 4?? Estuary Management Plan Boating regulation/controls now sign posted 5?? Advised that new regulations requires wearing of life vests in certain situations 6?? Levies on Boat Registrations/Licences
Darryl Lang	SES	Awaiting survey marks to install River Water Depth Markers

???

NEXT MEETING DATE

The next meeting will be held on Friday 12 November 2010 commencing at 8.30 am.

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 10.10 am.?

CR JOHN AINSWORTH

(CHAIRPERSON)

Ordinary Council Meeting

2 September 2010

Director Environment & Planning's Report

ITEM 10.5??? SF1268??????????? 020910???????? Our Living Coast Update

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

Summary:

The Our Living Coast Project is a joint initiative of Coffs Harbour City Council, Bellingen Shire Council and Nambucca Shire Council and is being funded through a $1.998m grant from the NSW Environmental Trust, under the Urban Sustainability Program.

As part of the conditions of the grant agreement the second milestone report for the Our Living Coast project has been presented to the NSW Environmental Trust on the 31^st July 2010. The following is a summary of the detailed report.

Recommendation:

That Council note the progress of the ?Our Living Coast? sustainability initiative, that is being conducted in partnership with Coffs Harbour City Council and Bellingen Shire Council, with funding from the NSW Environmental Trust.

OPTIONS:

There are no other options.

DISCUSSION:

There are several milestones within the project that have been reached, these include:

o? Sustainability Routemap completion

o? Our Living Coast website first pages available

o? Household convenors recruited

o? Sustainability workshops started

o? On ground works identified

o? Our Living Coast Launch Date

Sustainability Routemap

The routemap process started with an inception meeting with the consultants and the project team on the 28^th April to discuss the scope and development of the document. A workshop was convened for the steering committee and project team on the 10^th May and set out the broad parameters and design of the routemap. A presentation to the General Managers of each alliance council followed.

A workshop was run in Bellingen on the 11^th May for people who, based on their experience, knowledge and position would be useful contributors to the development of the routemap. The workshop provided further input into the design and considered priority sustainability issues for the region.

The draft routemap was circulated to those persons attending the workshop and team members for comment and another workshop was held to fine tune the draft on the 16^th June in Bellingen.

The last and most important workshop was conducted on the 17^th June in Urunga with the steering committee, project team, consultants and selected alliance Council Directors and Managers in order to obtain feedback and support. There were 27 people from the 3 Councils that attended this workshop and discussed the routemap, collaboration on sustainability across Councils and finally to develop real possible projects.

Finalisation of the routemap was done on the 1^st July with the steering committee and the project team. The document was printed and distributed on the 12^th August.

The routemap will be used as a operational tool for a collaborative approach to regional environmental issues, designed for operational Directors and Managers of Council to work together on joint projects

The routemap is a series of 5 questions posed to any collaborative project to ensure its sustainability success. It will help with:

o? Assessing potential projects for collaboration across the Our Living Coast region

o? Establish appropriate governance structures for collaboration

o? Guiding the sharing of resources

o? Supporting the leveraging of external support, and

o? Building increased community participation

Our Living Coast Website

The domain name www.ourlivingcoast.com.au has been registered by Coffs Harbour City Council on behalf of the Our Living Coast alliance.

The front page has been live since May and has an electronic subscription service which is available for community members to subscribe to the e-newsletter, the first e-news going out on the 30 July. It also shows the 3 alliance Councils? logos which act as links to each Council?s website.

The sustainable living guide topics have been chosen and written to include the regions local resources.

The site is set to go live 15^th September.

Household Convenors Recruited

The Our Living Coast household engagement program is to be delivered in 3 ways

o? Offering a structured 8 module course using the CSIRO Energymark program by recruiting convenors to lead participants through the course;

o? Occasional workshop series each month available to members of the community on a range of sustainability topics, and

o? Via the OLC website by providing information of living sustainability, footprint calculators, etc.

Sustainability workshops started

The first Sustainability workshop was on energy efficiency for the home which was run on 14^th July and included an energy efficiency kit to the value of $50 and the second one on renewable energy for the home on 24^th August. There are many more scheduled including, Sustainable House open day 12^th September, Solar Hotwater (Sept), Waterwise Homes and Gardens (Oct) and Growing Food for People and Wildlife (Nov).

On Ground Works

The total OLC on ground works budget is $1 034 970 as per agreed budget.

o? OLC Regional Flying Fox Program?????????????? $155 000????? (Nambucca share $30 000)

o? OLC walk and environmental projects $779 970????? (Nambucca share $250 000 approx*)

o? Council Action Learning Project?????????????????? $100 000????? (Nambucca share $33 000)

* total share has not been finalised due to NSW Environmental Trust delay on accepting the suitability of some on ground projects submitted.

Our Living Coast Launch

The Our Living Coast is to be officially launched on Wednesday 15^th September 2010 at the Cavanbah Centre, Coffs Harbour. The Mayor and all Councillors are invited to attend noting it clashes with the September General Purpose Committee meeting.

CONSULTATION:

Extensive consultation has taken place between the three participating Councils. Representatives of the three Councils make up the Steering Committee which coordinates the Our Living Coast grant program.

SUSTAINABILITY ASSESSMENT:

?????????????? Identification of broad sustainability issues for the region within a single plan that provides clear direction based on ecological, physical and social evidence and on-going monitoring and evaluation.

?????????????? Improve urban biodiversity health (weeds, regeneration, corridors).

?????????????? Improved understanding of biodiversity and sustainability issues by key stakeholders including Councils, partners, decision-makers, the community and businesses.

?????????????? Increased capacity of councils to adopt sustainable practices.

?????????????? Reduced energy, water and waste across councils, community and businesses.

?????????????? Improved sustainable use of resources through improved management techniques within Councils.

?????????????? More use of alternative transport options.

Social

?????????????? Improved knowledge and data management and information sharing across all stakeholders through a regional online hub.

?????????????? New and strengthened partnerships and networks across a range of stakeholders, including business and community.

?????????????? Sustainability embedded in Council systems and governance.

?????????????? Community actively engaged in participatory activities such as Landcare, Coastcare, indigenous green teams.

?????????????? Improved access, amenity and educational opportunities in urban natural areas for communities.

?????????????? Indigenous communities engaged in design and planning of education materials and on-ground works.

Economic

?????????????? Improved understanding of sustainable economic development possibilities in the region (eg ecotourism).

?????????????? Improved resource sharing (knowledge, costs) and allocation across alliance and partners group by identification of priority funding requirements.

?????????????? Reduced energy and water usage and improved efficiencies with associated costs savings.

?????????????? Funding secured for regional sustainability initiatives.

Risk

Low

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The only costs incurred by Council are in kind costs

Source of fund and any variance to working funds

Nil

Attachments:

There are no attachments for this report. ?

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.1??? SF656????????????? 020910???????? Successful Grant Applications for Scotts Head and Bowraville

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

Summary:

Council?s Grants Officer submitted grant applications for the following projects:

1??????? Bringing Cricket Back ? The Scotts Head Cricket Development and Integration Program $9,000

2??????? Lighting Up Our Game ? A Partnership approach towards supporting sport participation in Bowraville $40,000

These applications have been successful.

Recommendation:

1??????? That Council note the successful applications of:

????????? i???????? Bringing Cricket Back ? The Scotts Head Cricket Development and Integration Program for $9,000; and

????????? ii??????? Lighting Up Our Game ? A Partnership approach towards supporting sport participation in Bowraville for $40,000.

2????????????? That an additional $21,570 be included in the 2010/2011 budget for the Bowraville Project.

3??????? That the Committee of Management be advised that they are responsible for the running costs and required repairs for the lights.

OPTIONS:

1??????? Note the successful grants

2??????? Allocate additional funds for the Bowraville Project

3??????? Not allocate additional funds for the Bowraville Project and return the grant funds

DISCUSSION:

1??????? Bringing Back Cricket Project is for the construction of a cricket pitch and practice nets at Buz Brazel park.? The total project cost is $30,000 and the approved grant is for $9,000.? Council?s contribution ($21,000) is included in the existing budget allocation for the redevelopment of Buz Brazel Park.

2??????? Lighting Up Your Game Project is for the installation of floodlighting at Hennessey Tape Oval.? The total project cost is $80,000 and the approved grant is for $40,000.? The balance is to be funded by a combination of ?in kind? contributions of $18,430 and a direct Council budget allocation of $21,570.? Council?s contribution is currently unfunded.

CONSULTATION:

?????????????? Bruce Redman

SUSTAINABILITY ASSESSMENT:

Environment

There are no issues as a result of this report.

Social

Improvement to sporting facilities will enhance the health and social well being of the Scotts Head and Bowraville communities.

Economic

Improved facilities may attract sporting teams from other districts and generate income for the local communities.

Risk

There are no risks as a result of this report.

The Committee of Management will have to be responsible for the collection of ground fees to pay for the running costs of the lights and also the replacement of globes.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Additional funding of $21,570 is required for the Bowraville project.

There will be ongoing costs for the maintenance of the floodlights at Hennessey Tape Oval.

Source of fund and any variance to working funds

The capital funds of $24,500 would be sourced from working funds.? Maintenance funds would be sourced from maintenance allocations or offset by charges to the respective user groups.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.2??? SF185????????????? 020910???????? Deed of Agreement for transfer of land for Kingsworth Estate Water Supply reservoir

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage ????????

Summary:

As part of the development approval for the Kingsworth Estate subdivision the developer was required to construct a reservoir to ensure adequate water supply was provided to the new properties.

The reservoir deemed to be practically completed and acceptable for handover to Council in October 2004.? The land on which the reservoir is located is yet to be transferred to Council.

As a condition of transfer of the developer wants Council to enter into a Deed of Agreement that recognises a credit toward future water supply headworks contributions due to the fact that the reservoir was sized to cater for future potential development of residue land in Kingsworth Estate.

The developer has proposed that a credit for future development of 150 Equivalent Tenements (ET) should apply however it is considered that the credit should relate to the actual construction cost of the reservoir and the water supply headworks contributions charge that applied at the time it was constructed.

This equates to a credit for an additional 63 lots and the way this has been calculated as detailed below.

Recommendation:

1?????????? That Council write to the developer acknowledging that they agree to enter into a Deed of Agreement for the proposed reservoir land transfer that acknowledges water supply headworks contribution credits for the construction of the reservoir on the proviso that the credit is limited to a maximum of 63 additional future lots.

2?????????? The Council delegate authority to the Mayor and General Manager to stamp and execute all documents required to finalise the transfer of the reservoir land to Council including an amended Deed of Agreement acknowledging a credit for water supply headworks contributions for 63 additional lots.

3?????????? That Council resolve to dedicate the land transferred to Council as operational land for the purposes of water supply.

OPTIONS:

Accept the developers proposed Deed of Agreement for transfer of the land.

Apply the agreed credit in another form such as a monetary value, however this is not considered to be as equitable as applying it in terms of the ET charge at the time of construction.

DISCUSSION:

Development consent for Stage 2 of the Kingsworth Estate subdivision imposed a requirement to upgrade the water supply infrastructure by constructing a 200 mm dia water supply main along Old Coast Road connected to the Nambucca trunk main as well as a reservoir adjacent to the developed lots.

The reservoir was initially proposed to be sized to cater for Stages 2 and 3 of the development which was assessed at 80 ET.? However it became apparent that if a reservoir of this size was built then another reservoir would be required in order to cater for future development of residue land on the estate.

Therefore Council and the developer reached an agreement to construct a larger reservoir that would cater for this future development on the proviso that Council acknowledged the additional capacity by way of credits for water supply headworks contributions on future lots.? The reservoir was constructed with a design capacity of 690 kl that would cater for an agreed total of 230 ET.

Council deemed that the reservoir had reached the stage of practical and was acceptable for handover in October 2004.? Council has been operating and maintaining the reservoir since this time however the land on which it is constructed is yet to be transferred to Council?s ownership.

The developer has recently approached Council to finalise this matter however as a condition of transfer they want Council to acknowledge a water supply headworks contribution credit by means of a Deed of Agreement.? The Deed drafted by the developer proposes recognition of water supply headworks contribution credits for all of the additional 150 ET that the reservoir was designed and constructed to cater for.

This proposal does not allow for the fact that water supply headworks contributions can rise significantly over time.? This is particularly relevant for Council given that we are currently working through the pre construction phase of an off river storage project that will have a big impact on these charges should it proceed to construction.

It is considered that the most equitable means of recognising the value of the credits that were agreed to apply to the additional storage capacity provided would be to equate the total cost of the reservoir to the headworks contribution per ET that applied at the time it was accepted by Council.

The developer?s consulting engineer, de Groot Benson Pty Ltd provided the following details on the construction cost off the reservoir.

Construction contract ?????????????????????????????????????????????????????????????? $353,975 including GST

Project Management (including inspection and certification)????????? $???? 7,869 including GST

Telemetry??????????????????????????????????????????????????????????????????????????????? $???? 6,160 including GST

Electricity supply????????????????????????????????????????????????????????????????????? $?? 16,563 including GST

Ancillary works (survey, earthworks, fencing etc.)??????????????????????? $??? 60,000 including GST (approx.)

???????????????????????????????????????????????????????????????????????? TOTAL??????????? $444,567

Say the construction cost for the reservoir was $445,000

Water supply headworks contribution charges for the 2004/05 financial year were $3,372/ET

Therefore the cost of the reservoir equated to ET?s is $445,000 / $3,372 = 132 ET

The developer has 69 lots approved to date therefore the agreed credits that would be applicable would be for 63 lots.? Any future development in excess of an additional 63 lots would be subject to the charges applicable at the time of development.

Copies of the developer?s letter to Council and the proposed Deed of Agreement are enclosed for Council?s information

CONSULTATION:

?????? Malcolm Drummond (acting for the developers)

?????? Previous Director Engineering Services

?????? Director Environment and Planning

SUSTAINABILITY:

Social

There is no environmental impact associated with the proposed Deed of Agreement.

Environment

There is no environmental impact associated with the proposed Deed of Agreement.

Economic

It is considered that the proposed means of applying a credit for the reservoir construction is the most equitable means of ensuring that the developer makes an appropriate contribution towards any future headworks augmentation requirements.

Risk

The proposed means of calculating the applicable credit mitigates Council?s risk in undercharging for likely future headworks contributions.

FINANCIAL:

Direct and indirect impact on current and future budgets

There is no impact on currents budgets and the proposed credit calculation is considered to be the most equitable means of ensuring appropriate developer contributions are collected as revenue in future budgets.

Source of funds and any variance to working funds

No funding is required.

Attachments:

1View	20213/2010 - Letter - Drummond Parmenter Pty Ltd - Transfer of Water Reservoir to Council - Kingsworth Estate
2View	20214/2010 - Deed - Transfer of Water Reservoir to Council - Kingsworth Estate

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.3??? T024/2010??????? 020910???????? Tender - T024/2010 - Supply and incorporation of stabilising agents

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

Summary:

Biennial tenders for the Supply and Incorporation of Stabilising Agents closed on 11 August 2010.

Three tenders were received.? Tendered prices are provided in a Circularised Confidential document.

Recommendation:

That Stabilised Pavements be accepted as the preferred Contractor for 2010-2012 for T024/2010 for the Supply and Incorporation of Stabilising Agents as detailed at the following rates:

Depth?????????????? % of stabilising agent?????????? Price

150mm?????????????????????????? 3%??????????????????????? $?????? 4.24

????????????????????????????????????? 4%??????????????????????? $?????? 4.80

????????????????????????????????????? 5%??????????????????????? $?????? 5.36

200mm?????????????????????????? 3%??????????????????????? $?????? 4.90

????????????????????????????????????? 4%??????????????????????? $?????? 5.67

????????????????????????????????????? 5%??????????????????????? $?????? 6.42

250mm?????????????????????????? 3%??????????????????????? $?????? 5.47

????????????????????????????????????? 4%??????????????????????? $?????? 6.18

????????????????????????????????????? 5%??????????????????????? $?????? 7.39

300mm?????????????????????????? 3%??????????????????????? $?????? 6.23

????????????????????????????????????? 4%??????????????????????? $?????? 7.40

????????????????????????????????????? 5%??????????????????????? $?????? 8.59

Establishment ?????????????????????????????????????????? $3,289.00

Surcharge $ per sqm???????????????????????????????? $?????? 2.26

OPTIONS:

1??????? Accept the recommendation

2??????? Accept another tender

3??????? Not accept the tender

DISCUSSION:

This contract is for the supply and incorporation of stabilising agents (cement) in road pavements.?

The approximate value of the contract in 2009/2010 was $570,000.

Prices were sought for a range of depths of stabilisation ranging from 150mm to 300mm and percentage of stabilising agent from 3% to 5% for each depth.

The specification stated an assessment criteria for comparison of 200mm and 4%.

A table of prices is circularised as a confidential document.

Based on the assessment criteria Stabilised Pavements have provided the lowest price of $6.18/sqm.? It should also be noted that Stabilised Pavements also submitted the lowest price for all treatment combinations.

CONSULTATION:

Nil

SUSTAINABILITY ASSESSMENT:

Environment

Contractors are required to submit an Environmental Management Plan for the use of cement products.

Social

Rehabilitation of road pavements improve safety and community stabilisation through lower operating costs and improved driver comfort.

Economic

Better road surfacing reduces transport costs.

Risk

Reduces risk due to motor vehicle accidents as a result of poor pavements.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Rehabilitation projects included in current Budget and Forward Plan.

Source of fund and any variance to working funds

Current Budget.

Attachments:

1View

?- CONFIDENTIAL DOCUMENT - Comparison of Tenders - T024/2010

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.5??? T026/2010??????? 020910???????? Tender - T026/2010 - Supply of Crusher Run - Ex Bin Maintenance and Emergency Work

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

Summary:

This biennial tender for the supply of Crusher Run-Ex Bin Maintenance and Emergency Work has been advertised as a PANEL CONTRACT.

Three tenders have been received.? Two tenders are from local suppliers and one from Coffs Harbour.

Recommendation:

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T026/2010 for the Supply of Crusher Run ? Ex Bin Maintenance and Emergency Work at the rates (inclusive of GST) listed:

Supplier?????????????????????????????????????????? Quarry Solutions?????????? Nambucca Valley Gravel

Supply Crusher Run per tonne??????????????? $22.00?????????????????????????????? $23.10

OPTIONS:

1??????? Accept the tenders as a panel

2??????? Not accept the tenders

DISCUSSION:

Traditionally this contract has been exclusively offered to one contractor.? This has resulted in unacceptably high transport costs to areas of the Shire remote from the selected quarry.? The approximate value of the contract in 2009/2010 was $460,000.

The adoption of a ?PANEL? allows the selection of the quarry closest to the worksite and hence minimising the transport costs.? In order to give staff some guidance the adoption of two zones is proposed as shown on the Circularised plan.

Transport costs are variable depending on traffic, job location and road condition.

Based on an average driving speed of 50kph the additional transport cost would be in the order of $200.00 for a trip of 50 km each way ie $2.00/km for the round trip.

This equates to:

$20.00 per tonne for a truck with a 10 tonne payload; or

$10.00 per tonne for a truck and trailer.

CONSULTATION:

??????????? General Manager

??????????? Senior Overseer

SUSTAINABILITY ASSESSMENT:

Environment

There are no issues for the environment as a result of this report.

Social

There are no issues as a result of this report.

Economic

Acceptance of one dedicated contractor can result in higher overall operating costs due to increase cartage distance and costs.

Risk

There are no risks as a result of this report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding is included in the current Budget.

Source of fund and any variance to working funds

Current Budget.

Attachments:

1View

?- Circularised Document - T026/2010 - Plan of Zone Boundaries

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.6??? T027/2010??????? 020910???????? Tender - T027/2010 - Supply of Raw Feed Ex Bin

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

Summary:

This biennial tender for the supply of Raw Feed Ex Bin has been advertised as a PANEL CONTRACT.

Three tenders have been received.? Two tenders are from local suppliers and one from Coffs Harbour.

Recommendation:

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T027/2010 for the Supply of Raw Feed Ex Bin at the rates (inclusive of GST) listed:

Supplier:???????????????????????????????? Quarry Solutions?????????? Nambucca Valley Gravel

Supply Raw Feed per tonne???????????? $17.60??????????????????????????????? $19.80

OPTIONS:

1??????? Accept the tenders as a panel

2??????? Not accept the tenders

DISCUSSION:

Transport costs are variable depending on traffic, job location and road condition.

Based on an average driving speed of 50kph the additional transport cost would be in the order of $200.00 for a trip of 50 km each way ie $2.00/km for the round trip.

This equates to:

$20.00 per tonne for a truck with a 10 tonne payload; or

$10.00 per tonne for a truck and trailer.

CONSULTATION:

??????????? General Manager

??????????? Senior Overseer

SUSTAINABILITY ASSESSMENT:

Environment

There are no issues for the environment as a result of this report.

Social

There are no issues as a result of this report.

Economic

Acceptance of one dedicated contractor can result in higher overall operating costs due to increase cartage distance and costs.

Risk

There are no risks as a result of this report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding is included in the current Budget.

Source of fund and any variance to working funds

Current Budget.

Attachments:

1View

?- CIRCULARISED Document - T027/2010 - Plan of Zone Boundaries

Ordinary Council Meeting

2 September 2010

Director of Engineering Services Report

ITEM 11.7??? T028/2010??????? 020910???????? Tender - T028/2010 - Supply of Roadbase Ex Bin

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

Summary:

This biennial tender for the supply of Road Base Ex Bin has been advertised as a PANEL CONTRACT.

Three tenders have been received.? Two tenders are from local suppliers and one from Coffs Harbour.

Recommendation:

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T028/2010 for the Supply of Roadbase Ex Bin at the rates (inclusive of GST) listed:

Supplier??????????????????????????????????????????? Quarry Solutions??????????? Nambucca Valley Gravel???????

Supply Road Base per tonne

DGB 20?????????????????????????????????????????????????????? $26.51??????????????????????????? $23.10???????????????????????????

DGS 20?????????????????????????????????????????????????????? $23.65??????????????????????????? $23.10???????????????????????????

DGS 40?????????????????????????????????????????????????????? $23.65??????????????????????????? $23.10????????????????????????????

OPTIONS:

1??????? Accept the tenders as a panel

2??????? Not accept the tenders

DISCUSSION:

Transport costs are variable depending on traffic, job location and road condition.

Based on an average driving speed of 50 kph the additional transport cost would be in the order of $200.00 for a trip of 50 km each way ie $2.00/km for the round trip.

This equates to:

$20.00 per tonne for a truck with a 10 tonne payload; or

$10.00 per tonne for a truck and trailer.

CONSULTATION:

??????????? General Manager

??????????? Senior Overseer

SUSTAINABILITY ASSESSMENT:

Environment

There are no issues for the environment as a result of this report.

Social

There are no issues as a result of this report.

Economic

Acceptance of one dedicated contractor can result in higher overall operating costs due to increase cartage distance and costs.

Risk

There are no risks as a result of this report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding is included in the current Budget.

Source of fund and any variance to working funds

Current Budget.

Attachments:

1View

?- CIRCULARISED DOCUMENT - T028/2010 - Plan of Zone Boundaries

Ordinary Council Meeting - 2 September 2010

Nambucca Emergency Operations Centre Committee Minutes - 4 August 2010

PRESENT

Cr John Ainsworth (Chairperson)	P King (Rural Fire Service)
Bruce Redman (Director Engineering Services)	R Monk (Observer ? Nambucca Shire Council)
R Townend (State Emergency Services)	A Luzuriaga (Observer ? State Emergency Services)
M McHugh (State Emergency Services)	T Jarrett (Observer ? Rural Fire Service)
C Palmer (Rural Fire Service)

APOLOGIES

Cr M Moran OAM

CONFIRMATION OF MINUTES

12/10 Resolved: (McHugh/King)

That the Committee note the adoption of the Minutes of the Meeting held on the 2 June 2010.

Director Engineering Services Report

ITEM 5.1????? SF992??????????????? 040810????? State Emergency Services Extension Review MG56 1-6 ??????????????????? Revision B

13/10 RESOLVED: (Townend/Palmer)

That Council support the reinstatement of the SES building extension in the 2010/11 budget at the 30 September 2010 budget review by including Council?s $20,000 contribution and the SES $20,000 contribution.

ITEM 5.2????? SF992??????????????? 040810????? NSW Rural Fire Services Extensions

14/10 RESOLVED: (Townend/McHugh)

That the Committee note the progress of work on the NSW Rural Fire Service extension.

ITEM 5.3????? SF992??????????????? 040810????? Works Program Update - June 2010

15/10 RESOLVED: (King/McHugh)

That the Nambucca Emergency Operations Centre note the progress of the Works Program Update ? June 2010.

ITEM 5.4????? SF992??????????????? 040810????? General Business - Workplace Inspection Report

16/10 RESOLVED: (Palmer/McHugh)

That the Nambucca Emergency Operations Centre Committee note the identified issues in the Workplace Inspection Report dated the 13 May 2010 and progressively address each matter.

ITEM 5.5????? SF992??????????????? 040810????? General Business - Progress on issues raised - June 2010

17/10 RESOLVED: (Townend/King)

That progress on the issues raised at the meeting held on the 2 June 2010 be noted.

GB13/10 - Margaret McHugh - Training Room (Ref SF992)

It was agreed that the central training room would transfer to SES use once the RFS move into their new offices.

GB14/10 - Richard Townend - Air Conditioning (Ref SF992)

Requested a service of air conditioning units to remove the noisy operation.

GB15/10 - Richard Townend - Old Shed Site (Ref SF992)

Request for filling over the old slab to stop the ponding of water.

GB16/10 - Richard Townend - Southern Drainage (Ref SF992)

Drainage and filling needs to be rectified for the area between the No. 2 shed and the Community Services shed. Surveyor to take levels.

GB17/10 ? Tony Jarrett - Slashing (Ref SF992)

Request for area to be slashed.

GB18/10 ? A Luzuriage - Resignation of Dave Mackey (SES Region Controller) (Ref SF992)

Advised that Dave Mackey (SES Region Controller) has resigned.

GB19/10 - Bruce Redman - Acting LEMO (Ref SF992)

Advised that Noel Chapman, Nam bucca Shire Council will be the Acting LEMO.

GB20/10 - Margaret McHugh ? Clean up of Kitchen (Ref SF992)

Requested a cleanup of the kitchen after the building and painting works are completed.

GB21/10 - Margaret McHugh - Step Modification (Ref SF992)

Requested that the step from the kitchen to the new Rural Fire Service courtyard be modified.

GB22/10 - Richard Townend - Request for Air Conditioner in the Kitchen (Ref SF992)

Requested that an air conditioner be installed in the kitchen along with the upgrade.

GB23/10 - Richard Townend - Request for removal of Bug Catcher (Ref SF992)

Can the ?bug catcher? hanging from the ceiling be removed?

GB24/10 - Margaret McHugh - Poor quality of wall lining in the kitchen (Ref SF992)

Expressed concern at the poor quality of the internal wall lining on the northern kitchen wall.

GB25/10 - Cr. John Ainsworth ? Thank you to Bruce Redman (Ref SF992)

The Chairman on behalf of the Committee stated a thank you for the role Bruce Redman played in assisting the Committee and the emergency services in improving facilities over the years.

???

NEXT MEETING DATE

The next meeting will be held on Wednesday, 6 October 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

(CHAIRPERSON)

?? ?

1View	20514/2010 - Minutes of AGM 22 August 2010
2View	20696/2010 - Financial Statement 1 July 2009 to 30 June 2010