Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

01 December 2011

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?

1??????? Addressing Council with regard to an item on the meeting agenda:

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

2??????? Public forum address regarding matters not on the meeting agenda:

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

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 Council?s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 01 December 2011

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 - 17 November 2011, Special Meeting of? Council - 28 November 2011

5??????? NOTICES OF MOTION

5.1???? Notice of Motion ? Submission to the NSW Government?s School Bus Safety Advisory Committee (SF912) ?

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???? National Broadband Network - Digital Economy Strategy

9.3???? Grant Application Status Report - 25 October 2011

9.4???? Macksville Memorial Aquatic Centre - Budget Variation Request

9.5???? Macksville Memorial Aquatic Centre - Heating Plant

9.6???? Talarm Hall Committee of Management - Minutes of Annual General Meeting - 16 November 2010

9.7???? Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 13 November 2011

9.8???? Upgrade of the Pacific Highway between Nambucca Heads and Urunga

9.9???? Repair of Bellingen Road - Response from Minister for Roads and Ports

9.10?? Media Release - Night Works on the Pacific Highway at McGraths Creek, Valla

9.11?? Request for Consent to Sublease of Shop 2 being Part of Crown Reserve 85113 Riverside Drive Nambucca Heads

9.12?? Proposal to Swap 8.9 Hectares of Council Land at Bellwood for 5.3 Hectares of RTA Owned Land (North Macksville Soccer Fields)

9.13?? Adin Street Reserve - Proposed Plan of Management

9.14?? Proposed Special Rate Variation - Outcome of Community Consultation

10????? Director Environment and Planning Report

10.1?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18 November 2011

10.2?? DA's and CDC's Received and Determined under Delegated Authority to 18 November 2011

10.3?? Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 12 August 2011

11????? Director Engineering Services Report

11.1?? Tender for the Supply of Ready Mixed Concrete

11.2?? Status of Deer Hill Road, Bucrabendinni

11.3?? NSW Rural Fire Service - 2011/2012 Budget

11.4?? NSW Rural Fire Service Information Forum

11.5?? Review of Draft Noxious Weeds and Invasive Plants Policy and deletion of Class 4 Noxious Weed Plan of Management

11.6?? Temporary Road Closure for Events on Roads

11.7?? Capital Works Program (Civil Works) - Update

11.8?? Lighting Along V-Wall, Nambucca Heads ????

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?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager

ITEM 9.1????? SF959????????????? 011211???????? 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

JULY 2009
1	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.	RO/IT	Hardware has been installed being: 1. ESXi host server in the library. This server runs VMware ESX which is then capable of hosting our servers in a virtual environment if required. 2. Platespin Protect. Installed on the ESX host is a virtual server dedicated to handling replications from our physical servers. Each physical server has a Platespin agent installed to facilitate this replication. 3. Fibre link between admin office and library DR site. Initial testing has been done of virtual server in library.? Power points and wireless connection being provided in Senior Citizens Centre for a full test of disaster recovery.
AUGUST 2009
2	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. Plan currently being reviewed. Deferred to October 2010. Not completed ? deferred to November 2010. MANEX agreed to rehabilitate Bellwood between Pacific Hwy & Mumbler St with existing contributions. To be included in Works Program for 2011/2012. Enquiry to be made with D of P re progress of subdivision application. DoP confirmed that subdivision application submitted, but not ready for public exhibition yet (8/3/11) Now to be determined by the JRPP.? Report to 17/11 meeting. To be reported in January 2012.

JANUARY 2010
3		SF839	21/01/10	General Manager and Directors be reminded to report on potential revotes at quarterly reviews.	GM		On-going.
	MARCH 2010
	4	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.
	JULY 2010
	5	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. Deferred to November 2010. Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.? Plan of Management to be prepared following resolution of Pre School extensions.
	6	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 contacted concerning a meeting date in February 2011. Information sent through to consultant.? Meeting now not likely to late March 2011. Consultant advised that meeting will need to be deferred to May 2011 due to unavailability. Staff workloads have not permitted to proceed in May.? June now targeted. Now deferred to August. Costing being prepared on a pressurised system so facts and figures will be discussed. Further deferred.
	DECEMBER 2010
	7	SF844	16/12/10	That a Project Implementation Management Plan for the off-stream dam be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimension provided in suitable vegetation, with the catchment above the dam top water level.	DES		~~GHD commissioned.? Plan anticipated in March 2011.~~ To be included within the contract documentation as a condition imposed on the contractor obligations and compliance with the EIS.

FEBRUARY 2011
8	SF1508	3/2/11	Council revert to in-house monitoring of energy consumption and greenhouse gas production and revisit the option of engaging consultants for benchmarking in 12 months time.	DES	Report in February 2012.
MARCH 2011
9	DA2010/234	17/3/11	Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan	DEP	Brief to be prepared and new floodplain study to be undertaken during 2011. RTA has now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion.? At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.
MAY 2011
10	SF1595	19/5/2011	The General Manager presents an overview of the Annual Report to Councillors upon its completion.	GM	Overview report to be presented in November 2011.? Awaiting auditors ? deferred to December.
11	~~SF909~~	~~19/5/2011~~	~~Manager Business Development prepare a digital economy strategy re identifying blackspots to be presented to the NBN Co for rollout consideration.~~	GM	~~September 2011.? Due to World Rally preparations will need to be deferred until October 2011.~~ ~~Deferred to November 2011.~~ ~~Deferred to December 2011.~~
12	SF1031	19/5/2011	That a new policy covering donations to charities be prepared to cover all existing policies and to better ration the limited donations budget.	GM	In progress ? report to October Council meeting.? Agenda for Oct GPC too large.? Deferred to November. Deferred to December 2011.
JUNE 2011
13	SF841	2/06/2011	Council write to the RTA requesting they design the new Nambucca River bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under at maximum high tide.	DEP	Letter sent 8 June 2011. No response as at 26/10/2011.
JULY 2011
14	~~SF952~~	~~7/7/2011~~	~~Grants Officer investigate grants for solar lighting and that the V-Wall be included in the quarterly budget review to see whether solar lighting can be funded.~~	~~DES~~	~~October 2011~~ ~~No success with grant funding to date for solar lighting, however following Council resolution on 4 August 2011 to write to the LMP (Crown Lands) -~~ Confirmation has been received that LMP (Crown Lands) will replace the light poles on the basis that Council accept the maintenance responsibility for replacement of the globes, controls and fittings of the lights (as per the existing arrangement since the lights were installed along the V-wall) and that Crown Lands is responsible for replacement of the poles.
15	SF1031	21/7/2011	That the policies be organised and made functional under each Directorate and the regular review and updating of the policies be the responsibility of each Director.	GM DEP DES	Policies have been classified.? GM & Directors to review and update at least 25% of their policies annually.
16	SF1031	21/7/2011	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy	DEP	Policy under revision and to be reported to future General Purpose Committee Meeting.
AUGUST 2011
17	SF15	4/8/2011	Four Councillors have conflict of Interest in Saleyards issues	GM	GM writes to the Minister of Local Government for seeking dispensation for Councillors.? Letter sent to DLG on 11 August 2011.? Telephone advice received w/e 7/10/11 advising the DLG had received the letter, the staff member was on leave, but it was being considered.? Follow up telephone call was made on 20/10/11.? Staff member still on leave.? Advised they would be back on 25/10/11 with a response to follow after that date.? Still no response as at 8 November 2011.? Still no response as at 22 November.
18	SF84	18/8/2011	Council write to the Premier of NSW stating its dissatisfaction with the response received from the Minister for Policy and Emergency re huge disparity between the current RFS bid and the rate peg.	DES	Letters sent.
19	SF741	18/8/2011	Paveline truck - that a further report be prepared on the half year July 2011 to December 2011 for comparison with the results for the previous 6 month period.	DES	Report to January 2012.
SEPTEMBER 2011
20	SF21	1/09/2011	Council investigate an effluent management system for the Saleyards	GM	Preferred design to be determined by 30/6/2012.
21	SF21	1/09/2011	Council investigate funding an effluent management system at the Saleyards through its environmental levy.	GM	To be the subject of a further report.? Cannot be funded before 2012/2013.
22	SF1496	1/09/2011	That more information on the pilot program for the aquatic system monitoring be provided to a future GPC meeting.	DEP	Information being sought for presentation to future GPC meeting.
23	~~SF841~~	~~15/9/2011~~	Council offer 8.9 ha of high conservation land at Lower Nambucca to the RTA for their biodiversity offset strategy for the Pacific Highway upgrade in exchange for providing Council with title to the North Macksville Soccer Fields and Casey Drive.	GM	~~Letter sent 19 September 2011~~ ~~Follow up letter sent.~~ Verbal advice received from the RTA on 8 November that they are not interested in the land swap because the land is too small to be managed by OEH; is not suitable habitat and it would pre-empt the RTA?s offset strategy which hasn?t been developed. ?An alternative view was put to the Officer, including that Council manage the land via a conservation agreement or other contractual mechanism. ~~Report to meeting on 1 December.~~
OCTOBER 2011
24	SF1595	6/10/2011	Councillors to be provided with major documents at least 3 weeks before the nominated GPC when they are to be first considered.	GM	In place for a six month trial
25	SF15	6/10/2011	An inspection of the Saleyards be arranged at the first available GPC meeting	GM	November GPC.? Deferred to December GPC.
26	SF15	6/10/2011	Future of the Saleyards	GM	February 2012 GPC
27	SF1595	20/10/2011	Council review its Tree Maintenance and Removal Application Policy asap, to provide greater clarity with regard to application assessments	DES	January GPC
28	SF959	20/10/2011	Council write to Minister re lack of response concerning future management of Boultons Crossing (Gumma) Reserve with a cc to the Local Member.	GM	Letters sent 26/10/11
29	~~SF1655~~	~~20/10/2011~~	~~Council arrange a delegation to the Premier to discuss the need for funding to repair the Bellingen Road.~~	GM	~~Letters sent to the Premier and Deputy Premier on 26/10/11.? See report on response from Minister Duncan Gay.~~
30	SF29	20/10/2011	The Library Working Group meet with the Manager Community & Cultural Services asap to arrange discussions with the State Library, meetings with Kempsey, Port Macquarie-Hastings and Coffs Harbour councils so that a recommendation can be made to Council in February 2012 on the future of the library service.	DEP	Report in February 2012
31	SF688	20/10/2011	Council consider and prioritise the unfunded items in the Environmental Levy in a future report to Council.	DEP	Report to follow IPR Exhibition.
32	~~SF408~~	~~3/11/2011~~	Council write to the Minister for Lands highlighting the problems associated with Deer Hill Road whereby the Lands Department allowed part of a Crown Road to be sold to one land owner without the approval of other affected property owners.	~~DES~~	~~Letter sent 21/11/2011 to the Minister and General Manager of Crown Lands~~
33	SF15	3/11/2011	WorkCover Authority of NSW be invited to review the Macksville Saleyards and Saleyard Risk Assessment to provide advice on what is reasonably practicable to satisfy Council?s obligations under the Work Health and Safey Act 2011. Also Council seek an opinion from the Office of Environment & Heritage on the work required to address environmental issues. Councillors be advised of the time/date of an audit by both Departments so that they may be available to hear first hand of any problems.	GM	Letters sent 9 November 2011
34	SF938	3/11/2011	Council receive from the Property Officer a draft policy on future licensing for water reservoir space	GM	Report in December 2011
35	SF938	3/11/2011	Council receive a report on the proposed water theme park at Bellwood Park, including the design, process, flooding impacts and power source and total costs for construction and ongoing maintenance and running expenses.	GM	Report in December 2011
36	~~SF841~~	~~3/11/2011~~	Council make urgent and persuasive representations to the Local Member and Deputy Premier as well as the RTA that the Nambucca Heads to Urunga upgrade of the Pacific Highway be the next section of Highway which is committed to construction.	GM	~~Letters sent 9 November 2011.? Refer to report in this business paper.~~
37	~~SF841~~	~~3/11/2011~~	Council write to the Local Member and Deputy Premier to request that the promised brifen wire be installed in the median of the Pacific Highway between Nambucca Heads and Urunga.? Further that the RTA be requested to reduce the speed limit at the northern section to Nambucca Heads to 80kmph.	GM	~~Letters sent 9 November 2011.? Refer to media release in this business paper.~~
38	SF1595	17/11/2011	DES consider the unsealed section of South Arm Road or McHughs Creek Road as a site for expenditure of the $25,000 allocated for unsealed pavement management testing.	DES	To be considered in 2012.
39	3225/11	17/11/2011	Council receive a report on the outcomes of investigations into filling activities adjacent to the Nambucca River at Lower Nambucca, as per Cr Flack?s questions with notice.	DEP	Report in December 2011.
40	SF1460	17/11/2011	Structure of the Farmland (rate) Category be changed to incorporate the statutory minimum with ad valorem maintaining yield.? Council undertake a review of the farmland criteria to better reflect high intensity pursuits.	GM	Farmland criteria to be revised prior to the issuing of the 2012/13 rates.
41	SF826	17/11/2011	Council note trial of asphalt zipper and await a report on the outcome of the trial including advice as to all costs involved with using the machine.	DES	Report to March 2012 GPC.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.2????? SF873????????????? 011211???????? National Broadband Network - Digital Economy Strategy

AUTHOR/ENQUIRIES:???? Wayne Lowe, Manager Business Development ????????

Summary:

At Council?s meeting on 19 May 2011 it was resolved as follows:

1??????? That the Manager Business Development prepare a digital economy strategy that works towards providing mapping of our existing copper wire network and country energy network also identifying local black spots to be presented to the National Broadband Network (NBN) Co management for rollout consideration.

2??????? That the Manager Business Development advise NBN Co that Nambucca Shire would expect that NBN comply with the requirements outlined in the Infrastructure SEPP for the items to be installed and erected in conjunction with the NBN rollout.

3??????? That the Manager Business Development advise NBN Co that a Memorandum of Understanding relating to repairing any damage to Council's existing infrastructure, including roads, footpaths, parks and reserves would be required prior to any works being undertaken within the Shire.

4??????? That the Manager Business Development be identified as the single point of Contact in regard to the NBN.

Recommendation:

That Council note the report on the digital economy strategy.

DISCUSSION:

Overview

On the 19 May 2011 the Council resolved that the Manager Business Development prepare a digital economy strategy for the Shire.? The strategy will identify how Council will prepare an application for funding the implementation of the National Broadband Network (NBN) rollout and provide NBN and its contractors with information required to deliver the rollout within the Shire.? The strategy will identify the digital black spots within the Shire and the strategic steps to be implemented by Council staff to support NBN and other contractors to deliver the service to the Shire.

The Manager Business Development attended the Local Government NBN one day conference on the 4 May 2011 to be informed of the future opportunities relating to business and industry that the implementation of NBN would deliver within the Shire.

NBN is the rollout of optic fibre within communities throughout Australia with the aim of replacing the existing copper wire infrastructure delivering super high speed internet access to the global network.

The Broadband network is being rolled out in towns and communities across Australia in what is called test sites with the first rollout expected to be completed by the end of the 2012 financial year.

Council?s Manager of Business Development (MBD) provided input into Coffs Harbour?s second round application for major centres around Australia to compete for the next rollout to be commenced in the second half of 2011.? The MBD provided letters of support from local industry to identify the local need for high speed internet to support business growth for our local exporters and companies who distribute nationally, to the Southern Cross University who submitted a regional application to have the second rollout of the NBN delivered to the Mid North Coast region.? The application was successful and Coffs Harbour as a main centre will have the NBN optic fibre rolled out in the second round to 3,000 sites with the aim of this infrastructure being connected before the end of 2011.

The initial NBN rollouts are being implemented in small pockets of major sized communities first into what they call black spots within these communities with the vision for the future that each first release will be extended in the future.? Black spots are locations with poor or no existing copper infrastructure to provide high speed in areas which have limited or no broadband access.

The MBD held a business network function in Council?s Administration Centre on Thursday 14 April 2011 and invited all local manufacturers and civil construction companies to the function to register as businesses that are willing and able to supply and deliver resources and skills to implement the NBN into our region.? Through the Industry Capability Network (ICN) a not for profit agency who provide information to NBN contractors of local suppliers, our local companies can be sourced to tender for work all over Australia.? This strategy was recommended at the conference as a ?must do? for each community in which has already been promoted throughout our business community prior to the conference with many local companies now registered at no charge.

The business opportunities for our community to be connected to the NBN in e-education, e-medical and face to face business with our global partners is immense with optic fibre connectivity of high speed internet to places such as Bowraville and other outlying areas within the Shire and within our industrial estates.? Growth in e-business over the past 15 years has grown from 1995 16 million users to today, 1.9 billion users actively engaging in the digital economy globally.

Even though Nambucca Shire formed part of the Coffs Coast application it is not envisaged that the Nambucca will benefit in the short term but what it does deliver is the start of the core infrastructure in our region that is essential for us as a smaller community to get implementation of services sooner rather than later as the rollout is said to take 10 years to deliver.

To build on the work that has already been done by Council, the MBD has joined a network of councils who are well aware of the work required by Local Government to gain a better position to gain faster rollouts in our communities.? Some of the work that could be completed by Council at no great expense is the mapping of existing infrastructure and identifying black spots that would greatly benefit from optic fibre rollout particularly if industry and business are located in these areas.

It is obvious that NBN would deliver services to councils that have mapped their areas, in essence, done some of the research work for them, delivering a major cost saving to NBN.? This would place us as investment ready in business terms and be attractive when considering the next location for rollout.

Many councils are installing pits and pipes at their own cost but due to our existing infrastructure where a community like ours has an estimated 80% power connection to housing via telegraph poles and 20% underground power connection it is likely that NBN will use the existing above ground power network to connect NBN to existing houses within our community.

The next step for Council in terms of getting NBN ready for business is that the MBD to create a business relationship with NBN Regional Manager and keep them informed of work that can be delivered over time and form part of a developing a digital economy strategy.

Aims

The aim of this strategy is to develop a funding submission to the Australian Government providing the NBN with the information to assist with the implementation and delivery of high speed broadband to the Nambucca Shire through positive engagement with local communities and Local Government.

Objective

The objective for Council is to assist the NBN in creating a platform for the implementation and delivery of high speed broadband to families and businesses, particularly where fibre deployments are planned in rural and regional Australia.? NBN is seeking assistance from Local Government to expedite the rollout whilst protecting amenities.

Local government Planning impacts

The Telecommunications Act 1997 and the related Telecommunications (Low Impact Facilities) Determination 1997 (LIFD 1997) establishes a broad framework for the installation, operation and maintenance of certain ?low impact? telecommunication facilities.

The legislation includes a number of powers and immunities that make a range of telecommunication facilities exempt from some local planning controls and other laws.

One of the key requirements for these exemptions is that the facilities must not be located in an area of environmental significance.? To fall within the exemptions, some facilities are subject to certain design and other specifications and some notification process also need to be followed.

Not all of the facilities that NBN will be installing are currently ?low impact? facilities under the LIFD 1997. NBN is also seeking the assistance of State and Territory Governments and local Council?s to facilitate the rollout in the context of Federal, State or Local Government requirements.

This strategy will be based on providing the information that NBN and its contractors/agents may need to assist in the NBN planning process and attract government funding for the implementation.

As demonstrated by the rollout in Tasmania, and the five First Release Sites (FRS) on the mainland, NBN is committed to working closely with Local Government on the design and deployment of the NBN in their area ensuring a lasting positive legacy for the local community.

Strategy Development

Therefore, the initial Nambucca Shire digital economy strategy will be focused on gathering and documenting the information from Council required by NBN, Telstra and other providers to support the future application to the Australian Government Department of Broadband, Communications and the Digital Economy.

Many of the items identified in the strategy development are already available within Council, however, the information will be required to be gathered and compiled into the application ready for the announcement of the next funding rollout. The date of this announcement is unknown at this point in time, however, it is proposed that the next round will be a 3 year rollout program.

A check list of information that will be required to be supplied by Council in a formal application will be as follows:

?????????????? Zoning maps and planning controls

?????????????? Identification and location of heritage and conservation areas and / or heritage items (both indigenous and non indigenous)

?????????????? Location of environmentally significant areas e.g. conservation/ protected areas, national parks, nature reserves, wetlands, bushland, significant street trees

?????????????? Any specific local planning controls, policies or codes that may apply to telecommunications facilities

?????????????? Confirmation of any local exemptions, restrictions or prohibitions for telecommunication facilities.

?????????????? Development application requirements (if necessary)

?????????????? Location of Commonwealth land education, health or government facilities

?????????????? Location of major development proposals and areas e.g. (green field sites) major infrastructure locations or areas that require major upgrade to infrastructure.

Council can also work with NBN and it?s contractors to enter into agreements to rent facilities that could be used in the rollout such as depots, temporary site offices by providing some indication of Council properties that might be useful for the rollout purpose.

Council Collaboration

NBN will be working very closely with Council in the communication effort in connection with NBN on the outcome of a successful application.

Local Government will be requested to play a critical role in both informing NBN about any potential local issues and requirements and assisting in the development and dissemination of community education and publicity.

Community consultation

Information relating to how each of the industry sector can gain greater benefits from the implementation of NBN rollout will be sources via a series of industry development meetings and can be facilitated by Council staging a number of community workshops across the identified broad group of community sectors being:

?????????????? Creative & cultural Industries

?????????????? Government departments

?????????????? Business networks

?????????????? Council Staff

?????????????? Health sector

?????????????? Broader community

?????????????? Education & training providers

The information gained from these workshops will create the content of a digital strategy to be developed on the successful application for the NBN rollout.

Roles and Responsibilities of Council Staff

Council Stakeholder Group	Activity	Comments
Mayor/GM MBD	Media opportunities and communication of NBN related information, including direct communications with NBN & the community.	?????? Assist in identifying key stakeholders ?????? Provide advice on legacy issues ?????? Assist with opt-in consent program (where implemented) ?????? Briefs to Council
Environment & Planning. MBD Property Officer GIS Officer	Planning, data, infrastructure development, leasing and licenses	?????? Planning ?????? Development approval ?????? Heritage, environmental, native vegetation ?????? Statutory and structure planning ?????? Greenfield developments ?????? Infrastructure projects ?????? Council civil works ?????? Forward scheduling of works ?????? Road closure & traffic management ?????? Notifications ?????? GIS Officer ?????? Access to Council GIS data and overlays ?????? Economic development
Corporate Services, MBD & Grants Officer	Coordination of information & development of funding application	?????? Stakeholder business groups contact ?????? Health education and Emergency services contacts ?????? Data base of Business ?????? Survey businesses
Media & Communications MBD	Marketing Opportunities	?????? Media releases ?????? Photo opportunities for Mayor & GM ?????? Information flow between Council & NBN Co ?????? Translation & story boarding assistance
Library	Collateral & venue hire	?????? Story board of progress and static displays ?????? Community information sessions and workshops.
Community Health (aged care) Manager Community Services	As above	?????? Effective engagement strategies ?????? Updating story boards and static displays ?????? Community information sessions.

Council strategic direction to guide the strategy

The objective of this strategy for Council is to assist the NBN in creating a platform for the delivery of high speed broadband to families and businesses, particularly where fibre deployments are planned in rural and regional Australia.

Council?s objective from this strategy is to deliver high speed broadband infrastructure for the community by gaining funding from the commonwealth government to provide further support for Council?s strategic direction.

The implementation of this strategy will assist Council to deliver the adopted vision and mission statements; a commitment to provide the highest quality service and facilities to the community through high speed broadband infrastructure delivering:

??????????????? Enhance the Nambucca Shire as a lifestyle and employment area

??????????????? Enhancement and protection of the environment

??????????????? Deliver the digital infrastructure to provide higher education to a disadvantage community

??????????????? Foster opportunity and innovation in Business and manufacturing

??????????????? Ensure Council?s as an organisation is responsive, effective and sustainable

The Benefits to the Broader Community

The community benefits are many in relation to gaining high speed broadband digital technology into the Nambucca economy from medical, education, business and industry development and training those communities that are left behind will be disadvantaged.?? In an area such as the Nambucca, with so many programs being outsourced from the larger centres of Coffs Harbour and Port Macquarie, the digital technology can bring the world closer to our community and provide new business and social opportunities that do not presently exist.? It is within the community?s interest that Council work toward attracting the funding being rolled out by the Australian Government to deliver digital technology to the community and access the huge marketing and business opportunities including access to health and education available from this initiative.

Regional Participation by Regional Development Australia (RDA)

Regional Development Australia delivered a presentation to the Nambucca Shire Council in which local community business and industry stakeholders were invited to identify gaps in the existing telecommunications in each shire with the meeting being facilitated by Council?s Manager Business Development.

The outcome from this meeting is for a report to be produced as supporting documentation for future funding applications and to demonstrate to the Commonwealth Government that this region is digital economy investment ready and has the industry, medical and education needs for this infrastructure.? The meeting identified that the existing telecommunications infrastructure in the Nambucca falls well short of the aim of Telstra who in the past has been the infrastructure provider of telecommunications for this region for many years.

A key concern of workshop stakeholders was what the RDA Mid North Coast Calls ?the gap?.? There was enthusiasm for the NBN?and a hunger for bandwidth and speed?but what to do in the interim until it becomes ubiquitous?

The gap takes many forms.? Already there has been a long gap between the announcement that the NBN was coming to the region and the identification of the locations for test sites and the roll-out program. There are still gaps in knowledge as to when and where the roll-out will take place.? There is a gap between what stakeholders told us they needed?fast, efficient, accessible and affordable broadband?and what many of them receive currently and are likely to receive for some time.

The RDA report adds weight to our application by identifying the weaknesses in the Shire and the broader region also adding weight we have a strong manufacturing sector who sell products nationally and internationally

Project Implementation Plan

Strategy	Who	Report
1. Obtain information regarding the next NBN three year rollout.	MBD	Provide grant information to Grants Officer.
2. Gather Local Government information required by NBN identified in the roles and responsibilities table.	Identified staff member	Provide information
3. Obtain a copy of the regional strategy and see that the local strategy dovetails into the regional initiative.	MBD, Grants Officer	Provide a copy of the regional report to Councillors for their information.
4. Prepare a submission for NBN rollout in the Nambucca Shire	MBD, Grants Officer	Present the application to the Australian Government Department of Broadband, Communications and the Digital Economy for funding approval.
5. Request letters of support from local manufacturers, education providers, and medical practitioners.	MBD	Supply letters of support for application.

Where to Next

A copy of the Coffs Harbour digital strategy is available on request providing a guide to what will be required of Council to gain maximum benefit for the broader community on the ultimate success of obtaining the rollout funds to implement the NBN rollout in the Nambucca Shire.

NBN Rollout 2^nd round

Switched On Coffs Digital Strategy

The applications for the second round of funding have now been finalised with Coffs Harbour being one of the successful applications.? Coffs Harbour has developed their digital strategy identified as ?Switched on Coffs?.? This strategy was developed by Dr Tim Williams with the strategy focusing on implementation after the initial funding for the fibre rollout had been secured identifying the commitment from Coffs Harbour City Council to the ongoing future development of content of open data.

Open data is a term used to:

??????????????? Identify data sets that can be released digitally ? like details of local land/property ownership, spending by the Council

??????????????? Release original research data commissioned by Council indicating useful facts, trends, features of local; economy and society ? local organisations and business can access data freely which will help local enterprise, social or commercial

??????????????? Create open data on the Coffs Harbour City Council website, including social media

??????????????? Create Apps for networks of enthusiasts/data developers locally, for example: stage events.

CONSULTATION:

Dr Tim Williams, Author of connecting Communities

Manager Business, Jenny Ollomen, Coffs Harbour City Council

Regional Development Australia (Regional Strategy)

SUSTAINABILITY ASSESSMENT:

Environment

There are no impacts on the environment.

Social

The implementation of NBN in the Shire will deliver major social benefits.

Economic

The implementation of NBN in the Shire will deliver positive economic benefits.

Risk

No risk to Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

No direct impacts on current budget.

Source of fund and any variance to working funds

No source of funds required nor any variances.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager

ITEM 9.3????? SF1389??????????? 011211???????? Grant Application Status Report - 25 October 2011

AUTHOR/ENQUIRIES:???? Colleen Henry, Grants Officer ????????

Summary:

At Council?s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

Recommendation:

That the list of grant applications and their status to 17 November 2011 be received.

Successful grant applications (not yet acquitted):

Grant and date of approval	Funding Amount	Amount -Council	Description
Regional and Local Community Infrastructure Program November 2010	$165,000	None required	Macksville Park ? Storage Building $45,000 Macksville Pool ? Additional Lane $20,000 E J Biffin Fields ? carpark rehabilitation $68,000 Bowraville Public amenities ? upgrade $32,000
Office of the Premier Community Building Partnership Program December 2010	$70,938	Matching funding	Amenities Anderson Park, Valla Beach - $34,000 Playground Anderson Park, Valla Beach - $15,000 2NVR Assistance for relocation - $10,000 History in Print Project (Microfilm Reader) $11938
Sport and Recreation Participation Program December 2010	$9,888	None required	Staying Strong exercise program to be delivered as part of Safe and Savvy Seniors (SASS), at Macksville Senior Citizens? Centre
Federal Government election commitment? (confirmed)	$120,000	None required	Relocation of 2NVR radio station to Tewinga Hall
Better Boating Program	$40,750 $14,290	Matching funding Matching funding	Public pump-out facility at Nambucca Heads jetty Lions Park Boat Ramp widening Macksville
Department of Sustainability, Environment, Water etc	$1 million	None required	Detailed design for off river water storage
Saluting Their Service, Department of Veterans Affairs (Grants Officer Assisted Community Group)	$4,000	NA	Rebuilding of Taylors Arm War Memorial
Department of Families, Housing, Community Services and Indigenous Affairs support for Nambucca Valley Sports Facilitation Program	$12,000	NA	Ritchie Donovan position and contribution toward oval maintenance equipment
Indigenous Sport and Recreation Program August 2011	$46,300 (full request of $168,000 not awarded)	NA	Nambucca Valley Sports Facilitation Program (Ritchie Donovan)
Department of Families, Housing, Community Services and Indigenous Affairs Volunteers Grants October 2011	$4171 $1729 $4650 $1999	None required	Mary Boulton gardening/collection supplies. Talarm Hall ? sound system, data projector Valla Beach ? trailer, sound system Argents Hill Hall ? refrigerator
NSW Floodplain Management Program October 2011	$60,000		Implementation (continued) of the Nambucca River Flood Study

Additions since last report:

Grant and Date of Notice

Amount

Amount - Council

Description

Northern Rivers Catchment Management Authority

November 2011

$37,000

Weed control from Swimming Creak to Deep Creek. Installation of geo-textile for dune stabilisation, working with Nambucca Dunecare Group.

Total year to date

$1,592,715

Applications made but not yet determined:

Funding Body	Amount	Amount - Council	Project Name
Department of Sustainability, Environment, Water, Population and Communities No closing date	$10 million	TBC	Off-river water storage (subject to a number of conditions including detailed plans, relevant approvals, Council funding, confirmation of final project costs.
Coastline Cycleway Grant 2010-2011 Closed November 2011	$50,000	$50,000	Completion of 350m section of cycleway between Nambucca Heads and Macksville.
Department of Sport and Recreation Facilities Grant Closed 15 April 2011	$960	NA (matching funds to come from NHTTC)	1 Table Tennis Tables for NH Table Tennis Club (NHTTC)
	$406,870	$206,870 (2011/12 budget)	2 E J Biffin Drainage Improvement
	$19,042	NA (matching funds to be provided by group)	3 Bowraville Cricket Club Nets and Pitch
	$62,194	$20,000 (2011/12 budget)	4 Unkya Reserve Playground equipment and toilets
Transport for NSW Better Boating Program Closed 29 July 2011	$47,734	$47,734	Scotts Head Boat Ramp ? all-season facility
Department of Health and Ageing Closed 19 August 2011	$566,430	NA	Healthy Communities Initiative Phase 3 (original application has been resubmitted to this round)
Environmental Trust Restoration and Rehabilitation Grant Closed 2 September 2011	$95,600	Some in-kind	Construction of access way from southern part of Wellington Headland to avoid landslip area; weed management of steep slopes and native plant regeneration on site
NSW Community Building Partnership Program Closed 31 October 2011	$48,685	$48,685 (S.94 funds)	Macksville Showground internal road.
Regional Tourism Product Development Fund ? Stream 2 Large Scale Closed 31 October 2011	$180,000	$99,000	The application is to fund a water theme park in Bellwood Park as proposed in the Nambucca River Master Plan.? The funding from Council would be for the replacement of the existing dilapidated toilet block.

Unsuccessful applications in this period:

Funding Body

Amount

Amount - Council

Project Name

NRMA Road Safety

Closed 25 September 2011

$2,250

Scooter safety workshops under Safe and Savvy Seniors program

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.4????? SF358????????????? 011211???????? Macksville Memorial Aquatic Centre - Budget Variation Request

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

Summary:

The budget request for maintenance at the Macksville Memorial Aquatic Centre was $50,000 based on the asset audit and maintenance plan compiled by Stevenson and Associates.

The Manager of Assets has reported further that an appropriate maintenance budget to ensure adequate preventative maintenance should be in the order of $84,000.

The maintenance budget adopted for 2011/2012 was $37,200.

The change over in pool management has brought to light numerous maintenance, replacement and repair issues which have not been budgeted for.? Further, storm damage in January has required additional expenditure (although a portion of the costs incurred have been recouped under an insurance claim).? A consequence is that the allocated budget will be overspent.

This report is submitted for Council?s endorsement of an increase in the maintenance budget for the Macksville Memorial Aquatic Centre in the amount $44,655 for the period July 2011 to June 2012.

This report is also submitted to advise Council of the recent discovery of numerous cracks which have appeared in the pool shell. The issue is being monitored at this stage but it is timely to revisit the urgency and necessity to build reserves for the ultimate replacement of what is an aging facility.

Recommendation:

1????????? That the Macksville Memorial Aquatic Centre Maintenance budget for 2011/2012 be increased by $21,655 to account for unexpected plant maintenance, repairs and replacements identified during contract changeover.

2????????? That Council include the adopted reserve allocation for the Macksville Memorial Aquatic Centre in the 2012/2013 budget.

3????????? That the Macksville Memorial Aquatic Centre maintenance budget be increased incremental over the next three years to $84,000 pursuant to the recommendation of the Asset Manager.

OPTIONS:

Council can restrict preventative maintenance to a minimum.? This approach will not deliver long term benefits and will in all likelihood prompt the contractor to seek reimbursement for additional costs incurred by them.

DISCUSSION:

The recent change over of management has brought to light numerous issues which have required our urgent attention to best ensure the new contactors are positioned to deliver their services.

The issues that have been addressed stem in part from a deficiency in the quality of building and workmanship with the initial construction, part in satisfaction of new safety requirements and part due to poor periodic maintenance under the previous contract and by Council in the years prior to that.

With regard to the latter staff recognised an inherent flaw in the previous contractual provisions and have redrafted the terms of the current contract such that Council retains the responsibility (and hence timing and quality) of periodic services and maintenance.? Notwithstanding this the contractors are still responsible and liable for the cost of day to day maintenance to the value of $2,500 on a per job basis (ie reactive maintenance).

The reactive maintenance provisions are premised of course on adequate preventative maintenance being undertaken by Council.

Additional repair and Maintenance costs

Additional issues that have been or are required to be addressed by Council include

i. Replacement and update of First aid equipment and signage??????????????????????????? $? 3,750

ii. Installation of safety anchor points on the hydro pool? roof??????????????????????????????? $? 2,512

iii.????????? Repairs to the existing gas heater???????????????????????????????????????????????????????????????? $? 3,500

iv. Installation and re-engineering of a replacement pump in the outdoor pool???????? $? 3,047

v. Refixing of replacement starter blocks *??????????????????????????????????????????????? $? 1,000

TOTAL additional expenses incurred???????????????????????????????????????????????????????? $13,809

(* noting that the Macksville Marlins acquired second hand starter blocks from the Coffs Harbour Swimming Club)

Repair cost covered by Insurance

Councillors will recall that the Aquatic Centre suffered storm damage in January this year.? The cost of repairs has been financed initially through the Pool maintenance budget as follows:

i.? Building repairs and painting??????????????????????????????????????????????????????? $?? 13,950

ii.? Replacement shade structures and shade sail post?????????????????????? $?? 15,600

iii. Replacement solar tubes???????????????????????????????????????????????????????????? $?? 577.00

iv. Replacement carpet??????????????????????????????????????????????????????????????????? $8,382.00

v.? Installation of? solar tubes??????????????????????????????????????????????????????????? $?? 671.00

The insurers have reimbursed all of Council?s expenses pursuant to the insurance claim (less the policy excess). ?Notwithstanding this the cost of the repairs has been drawn from the maintenance budget, of which $23,000 has been expended in this financial year.

Building defect costs

In addition to the above the Insurers damage assessment report indentified numerous building defects which stem from the initial construction and fit-out of the facility.? The insurer advised that the identified work must be addressed to ensure that future claims are not compromised.? Further the insurer advised that as the work was not a consequence of storm damage it could not be covered by the insurance claim.

The work has been completed at a cost of $7,846.00.

Required Budget increase

It is recommended that additional funds be allocated to the pool maintenance budget for 2011/2012 as follows:

Reimbursement of storm damage costs expended in 2011/2102???????????? $23,000

Additional costs identified from contract changeover???????????????????? $13,809

Repair costs in accordance with insurance damage report????????????????????? $? 7,846

TOTAL BUDGET VARIATION INCREASE??????????????????????????????????????????? $44,655

Accounting for the insurance reimbursement the actual budget increase for 2011/2012 is $21,655.

Observation of Pool cracks

Council staff have observed numerous cracks in the base of the pool.

There are 2 longitudinal cracks approximately 0.5-1mm wide in lanes 6 and 7.? The cracks start approximately 5 metres in from the deep end.? The crack in lane 6 intersects perpendicular to and extends through the 1/3 flexible control joint. A further horizontal crack has been identified across lanes 1 ? 5 terminating at the centre feed line.

The cracks are raised and open indicating the pool has been subject to up lift possibly attributable to emptying the pool whilst the adjacent ground water levels were high.

The start and finish points of the cracks have been marked.

Council Safety and Risk Officer has inspected the cracks and recommends the following action:

?????????????? Install incremental crack monitoring devices as soon as possible to monitor and gauge any further movement

?????????????? initial weekly visual inspections of the cracks and of the rest of the pool shell

?????????????? ensure the rest of the system is water tight and closely monitor water usage.

Staff are acting on these recommendations and a further report will be presented to Council when more information is available.

Reserve Contributions

Council considered a report in December 2010 wherein it was noted that there was a deficiency in the Reserve balances for the swimming pool, particularly given its age.? Council resolved to allocate $119,000 pa to a pool reserve to build the Reserve to an appropriate level.? Regrettably the budget situation did not allow for the contribution to commence in 2011/2012 as desired.

Given the recent observation of cracks in the outdoor pool the necessity to account and save for future expenses is imperative.? The alternative is to continue with the current practice, however, this will invariably place Council in a similar predicament it now faces with the Macksville Saleyards.

The pool is now over 50 years old.? Overall the pool and plant is in reasonable condition for its age, however, Council should expect that maintenance and repair cost will invariably increase in the coming years.

CONSULTATION:

Manager Assets

Technical Officer ? Assets

Safety & Risk Officer

JLT Insurers

Manager Business Development

SUSTAINABILITY ASSESSMENT:

Environment

The recommendations do not give rise to any environmental issues.

Social

The recommendations do not give rise to any social issues.

Economic

The recommendations do not give rise to any economic issues.

Risk

Failure to address the deficiency in replacement and redevelopment reserves will place significant financial pressure on future budgets if (when) the pool infrastructure and plant ultimately fails.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The recommendation will require additional funds in the amount $21,655 to be allocated to the current budget.? It is recommended that future budgets be increased incrementally over the course of the next three years to meet the allocation recommended by the Asset Manager.

Source of fund and any variance to working funds

The $21,655 will need to be sourced from current working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.5????? SF358????????????? 011211???????? Macksville Memorial Aquatic Centre - Heating Plant

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

Summary:

This report is submitted to obtain Council endorsement of a new heat system to be installed at the Macksville Hydrotherapy Pool at a project cost of $25,000 to be funded from Pool Reserves.

Since taking over the contract to operate and manage the Macksville Memorial Aquatic Centre the YMCA has reported a series of issues relating to the hydrotherapy pool heating plant. On a number of occasions the heating pant has failed and the pool temperature has dropped to a point where activities have been cancelled.

Councillors will recall that the heating system was supplied (and subsequently reengineered) by Country Energy as part of their energy solutions program.? The original proposal was to provide a solar heating plant with a gas booster.

In practice we have found that the projected gas consumption has well exceeded modelling indicating that the plant is not working to specification.? The gas heater has met the bulk of the pools heating load and as such has been operating well beyond its designed performance specification. Consequently the expected life span of the gas heater has been truncated.? Consensus amongst all tradespeople who have inspected the heater is that its continued operation cannot be guaranteed.? It needs to be replaced if we are to ensure a consistent pool temperature of 30? - 33?C.

Numerous calls have been made to Country Energy but no response has been received.

Local specialist contractors in pool construction, renovation, refurbishment, filtration, water treatment and heating have assessed the heating plant and recommended that Council install a heat pump system to service the heating requirements of the hydro pool.? The cost of the project will be in the order of $23,000. It is recommended that Council follow the Swimplex recommendation and engage Swimplex to supply and install a heat pump system at the hydrotherapy pool.? It is further recommended that the required funds be sourced from the Waste and Sustainability Improvement (WaSIP) Program or if they are not forthcoming from the Hydrotherapy Pool/Gymnasium Reserve which has a current balance of $35,000.

Recommendation:

1????????? That Council engage Swimplex to install a 60kW heat pump system to the Macksville Hydrotherapy pool to replace the current solar system and that funds required for the project be sought from the Waste and Sustainability Improvement Program grants or in the event Council?s application is rejected from the Hydro Pool/Gymnasium Reserve.

2????????? That Council seek legal advice on what remedy may be available to Council for the failure of the Heat Plant supplied by Country Energy.

3????????? That Council modify the solar system to connect all heat exchange tanks to the hydrotherapy pool shower system.

4????????? Council note the proposed replacement of the gas heater at a cost of approximately $8,000.

OPTIONS:

1??????? Council can choose to continue to repair and service the existing system.? The cost and time requirements for this approach will continue to increase.? Conversely the guarantee that Council can maintain the required pool temperature to enable the contractors to continue their operation will be compromised.? It is foreseeable that future and further disruption to trade at the hydrotherapy pool will prompt the YMCA to seek a contract variation.? In any event it is recommended that legal advice be sought on what remedies are available to Council for what appears to be a fundamental failure of the pool heating plant.

2??????? Council can persist with the current solar system design and acquire a new gas heater with a greater operational capacity.? Cost modelling indicates that there is no capital or operational savings with this approach.

3??????? Council can explore further the deficiencies in the solar plant and seek to include it in a two tier heating system based on either gas or heat pump devices.? Swimplex advise to disengage the solar system from the pool heating altogether.

DISCUSSION:

The Macksville Hydrotherapy pool is heated by a solar system comprising 20 roof mounted solar panels and six Aquaheat heat exchangers.? The system is augmented by a gas boost heater.

The system was acquired from Country Energy for approximately $100,000 and was installed at the time the hydrotherapy pool was constructed in 2005/6.? The expected life span of the system was 12 years.

In 2009 staff contacted Country Energy complaining that the solar system was not performing satisfactorily.? Subsequent modelling by GHD in September 2009 indicated that the solar system could/should supply up to 33.3% of total pool heating requirements.? Against this data it was projected that gas consumption would cost in the order of $15,000 per annum or approximately $300 per week.

Gas consumption has far exceeded this rate indicating that the solar system is not performing to design specifications.? As a consequence the gas heater has performed well in excess of its design capacity.? A further consequence of this is that the life span for the gas heater has been truncated and must now be replaced.

Consensus amongst the tradespeople who have serviced the gas heater and heat plant is that the operating specifications for the current gas heater are insufficient to meet the heating requirements of the pool and more particularly the volume of water.? In other words a replacement gas heater should be of greater capacity than the current model.

The significant and premature cost of replacing the heater has lead staff to review the operation and functionality of the heating plant generally.? To this end staff engaged Swimplex who are a local firm specialising in pool construction, renovation, refurbishment, filtration, water treatment and ?heating who have assessed the heating plant at the hydrotherapy pool.? A copy of the Swimplex appraisal is attached for Councillors? reference.? In brief however the suggestion is to replace the current plant entirely with a heat pump system.

The cost/benefits indicated by Swimplex mirrors the rudimentary comparative analysis of acquisition and operational cost for gas as opposed to a heat pump system.? The data indicated as follows:

System

Make/Model

Supply

Install

Operating cost

Maintenance

Lifespan

Gross annual operating cost over lifespan

Gas Heater

Raypak Commercial Model: P0868PC0/HWT.

$15,800

$7,500

$21,723

$1600

8-10 yrs

(Say 9)

$28,503

Heat Pump

Accent/Rheem HWP60-3 Pool water heat pump

$15,050

$8,765

$11,069

1000

10-12 yrs

(Say 10)

$14,450

The cost in repairing and servicing the unit since July this year has amounted to in excess of $5,000. Council?s contracted plumber and gasfitter Hightide Plumbing has reported that the gas unit is nearing the end of it functional life and that we should expect an increasing number of repair and maintenance call outs to ensure continued operations.

CONSULTATION:

Swimplex Aquatics

Hightide Plumbing

Rheem Australia

SUSTAINABILITY ASSESSMENT:

Environment

The objective of the solar system was to minimise the carbon footprint of the Macksville pool operation. In this respect the system has failed as the power saving shave not been realised and the pool is essentially heated solely by gas.? Gas heating of itself is easy and safe to use and provides rapid heat response times however is more costly than the power requirements of a heat plant.

Social

The recommendations do not give rise to any social issues

Economic

The recommendations do not give rise to any additional economic issues pertaining to the Hydro pool or the Aquatic Centre generally.

Risk

Swimplex have noted that the pool filtration and circulation system is in effect a series of linked domestic systems.? They note that the weakest point is at filter 4 which feeds poll water to the heating plant.? In the event this part of the system fails the heating plant could not operate.? Whilst Swimplex have not been engaged to assess the pool plant they have suggested that a manifold linking the separate components of the system may overcome this design deficiency.

The pool filtration and circulation system have (to date) operated effectively and to Health Regulation standards.? It is suggested that the Swimplex advice be noted and that future development and design of the plant room have regard to the identified deficiencies.? In the meantime it is imperative that routine maintenance and repairs are carried out to the circulation system to ensure breakdown are minimise dif not avoided. In this regard Council has engaged a pool contractor to inspect and service the pool plant and equipment on a quarterly basis

Continued disruptions to pool activities will foreseeable damage ongoing patronage at the pool and more so potentially lead to a claim for contract variation from YMCA.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

It is recommended that the required funds be sourced from WaSIP grants or less preferred from the Hydro pool/Gym Reserve.

Source of fund and any variance to working funds

The use of WaSIP funding will not affect Council?s working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.8????? SF841????????????? 011211???????? Upgrade of the Pacific Highway between Nambucca Heads and Urunga

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

Summary:

The report is brief.? A summary is not required.

Recommendation:

That the information regarding the upgrade of the Pacific Highway between Nambucca Heads and Urunga be received.

OPTIONS:

Council has already made formal representations in relation to this issue.? A formal response has not been received.? As Council is awaiting a response there is no real value in making further representations.

DISCUSSION:

On 27 October 2011, Cr Finlayson, the General Manager and Director Engineering Services received a briefing from Roads and Traffic Authority (RTA) staff on the upgrading of the Pacific Highway.? This was reported to Council?s meeting on 3 November 2011.? A copy of the report and resolution is attached to this report.

Besides advice about the review of the 8km section of the approved highway alignment between Bald Hill and Old Coast Road, the other pertinent advice was the RTA?s proposal to have two projects between Port Macquarie and Raleigh which can be delivered for construction in the immediate future.? The RTA and the State and Federal Governments have already made a commitment that one of these projects will be Frederickton to Eungai (refer to the story below).

The RTA advised that the second project which would be committed to construction would either be a section between Port Macquarie and Kempsey or Nambucca Heads to Urunga.? As previously reported, the section of highway between Warrell Creek and Nambucca Heads is subject to further review and as such could not be considered as the second project.

On 3 November Council resolved to make urgent and persuasive representations to its Local Member and Deputy Premier, the Hon. Andrew Stoner MP that the Nambucca Heads to Urunga upgrade of the Pacific Highway should be the next section of highway committed to construction.

However the following article from the Macleay Argus was published on Tuesday 15 November.

Deadly highway to be fixed

LUKE HORTON

15 Nov, 2011 08:21 AM

It includes the stretch of road where 35 people were killed in Australia?s worst bus crash in 1989.

Federal Transport Minister Anthony Albanese and Deputy Premier Andrew Stoner yesterday announced $100 million would be spent on plan- ning and pre-construction works in the next year.

Expressions of interest to build the 26.5km section of highway were called earlier this year with an announcement on the successful bidder expected to be made sometime in 2012.

No time frame has been announced for the Frederickton to Eungai upgrade but Mr Stoner did say construction would be complete before 2016 - the deadline both governments have committed to for upgrading the Pacific Hwy.

Mr Albanese said further funding for the project would be announced at a later date, with both governments likely to contribute.

He said it was unlikely the project would be funded in the same way the $618 million Kempsey bypass had.

?The Kempsey bypass received funding under the economic stimulus package,? he said.

?Frankly, if more planning had been done there quite possibly could have been more money in the economic stimulus package allocated to completing the Frederickton to Eungai section.

?If projects are proceeding faster than expected we will view them favourably.?

Mr Albanese also committed to fast-tracking the South Kempsey to Port Macquarie upgrade saying it would be the next section both governments would be discussing.

Mr Stoner said it was essential both governments were wholly committed to completing the project as soon as possible.

?The indication is we?re running out of time,? he said.

?We?re both working to a deadline.?

Mayor Liz Campbell said news work would soon start on the Frederickton to Eungai upgrade was another boost to the Macleay.

?The flow on effects to Kempsey we?ve seen from the Kempsey bypass will be extended,? she said.

?This is something we?ve waited a very long time for.?

Seven Oaks dairy farmer Dean Saul said the announcement the highway would finally be upgraded was a huge relief for residents of the area, 22 years on from the devastating Clybucca bus crash.

?After witnessing the trauma of that crash this is an extremely welcome announcement, but long overdue,? he said.

Expressions of interest close on December 15.

If true, the report in the Macleay Argus is of concern to the future staging of the highway upgrade through both the Nambucca and Bellingen valleys.

The section of highway from Nambucca Heads to Urunga already has Part 3A project approval.? The section from Port Macquarie to South Kempsey does not.

The section of highway from Nambucca Heads to Urunga is more dangerous than the section from Port Macquarie to South Kempsey.

There is greater potential travel time savings for the section between Nambucca Heads to Urunga than the section from Port Macquarie to South Kempsey.

A survey of highway motorists by the NRMA also voted the section north of Nambucca Heads as being the worst stretch of Highway.

These concerns have been communicated in an email to the office of the Hon. Andrew Stoner MP.? His office has responded advising that the information in the Macleay Argus has ?not been fully reported? and, ?both the Frederickton to Eungai and Nambucca to Urunga projects are the same priority and Expressions of Interest are being called now?.? Besides being inconsistent with the advice provided by the RTA staff on 27 October and the comments attributed to Minister Albanese, if the Nambucca Heads to Urunga stage had the same priority why didn?t the media event to announce the Frederickton to Eungai upgrade include Nambucca Heads to Urunga?

The residents of the Nambucca and Bellingen Valleys deserve an explanation as to where the Nambucca Heads to Urunga section of the highway upgrade stands with other competing highway priorities.? The recently announced $10m of safety improvements between Nambucca Heads and Urunga is not justification for deferring the upgrade of this section of highway.? The reason the safety improvements are being undertaken simply demonstrates how dangerous this section of road is and the need for its upgrade to occur ahead of Port Macquarie to South Kempsey.

CONSULTATION:

There has been communication with the office of the Hon. Andrew Stoner and also the Federal Member for Cowper.? Bellingen Shire Council has also been provided with copies of Council?s correspondence.

SUSTAINABILITY ASSESSMENT:

Environment

The environmental impacts of the highway upgrade have been investigated and the Minister for Planning has determined the Part 3A application.

Social

It is not an exaggeration to say that nearly everybody in the Nambucca Valley have family or friends who have been killed or seriously injured in motor vehicle accidents on the Pacific Highway.? It is difficult to contemplate a more significant social issue for the Nambucca Valley than ensuring the upgrade of the Pacific Highway at the earliest possible date.

Economic

There will be significant positive economic impacts with the upgrade of the Highway through the Nambucca and Bellingen Valleys.? These positive economic impacts will flow through to the whole community.

Risk

The real risk is that the residents of the Nambucca and Bellingen Valleys will have to put up with a dangerous section of road for more years.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no impact on Council?s budgets.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

1 View	30235/2011 - Status of Pacific Highway Upgrade
2 View	30939/2011 - MINUTE Status of Pacific Highway Upgrade

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.9????? RF275????????????? 011211???????? Repair of Bellingen Road - Response from Minister for Roads and Ports

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

Summary:

Council has received advice from the Minister for Roads and Ports, the Hon. Duncan Gay MLC that no decision will be made on the repair of the southern section of the Bowraville to Bellingen Road until after the repairs of the northern section are completed and then any future decision will also have to consider other competing state wide priorities.

Recommendation:

That the advice from the Minister for Roads and Ports, the Hon. Duncan Gay MLC, in relation to the repair of the southern section of the Bowraville to Bellingen Road be received.

OPTIONS:

There are no real options.? It has taken approximately 3 months for this response to be received.

DISCUSSION:

At Council?s meeting on 20 October 2011 it was resolved that Council arrange a delegation to the Premier to discuss the need for funding the repair of the southern section of Bellingen Road.

Council has now received a response to previous representations made to the Hon. Andrew Stoner MP, Deputy Premier arising out of a Council resolution on 18 August 2011.? The response Council has received is from the Hon. Duncan Gay MLC, Minister for Roads and Ports in a letter to the Hon. Andrew Stoner.

Without repeating all of the history of Council?s efforts to secure Natural Disaster Funding for the repair of this road, attached is the recent relevant correspondence to the Hon. Andrew Stoner together with the response from the Hon. Duncan Gay MLC.? The attachments are:

1.?? A media release from Andrew Stoner MP dated 18 January 2011 appealing to the then NSW Government to take immediate action to ensure natural disaster funding is made available to restore the Bowraville-Bellingen Road.

2.?? The report to Council?s meeting on 18 August 2011.

3.?? The resolution from Council?s meeting on 18 August 2011.

4.?? The letter to the Hon. Andrew Stoner MP dated 24 August 2011.

5.?? Letter from the Hon. Andrew Stoner MP to the Hon. Duncan Gay MLC dated 26 August 2011

6.?? Letter from the Hon. Duncan Gay MLC to the Hon. Andrew Stoner MP dated 16 November 2011

The letter provides no commitment as to the timing of a decision on the repair of the southern section of road, other than to note it will be made after the repair of the northern section and that this project may take a ?significant timeframe? to complete.

Council is advised that, ?alternative access via better, faster and safer roads is available via the Waterfall Way and the Pacific Highway?.

CONSULTATION:

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

SUSTAINABILITY ASSESSMENT:

Environment

The environmental issues of not undertaking rehabilitation of the existing road have been previously reported.? These were detailed in the report on the Value Management Workshop.

Social

The social issues of not repairing the road have been previously reported.? These were detailed in the report on the Value Management Workshop.

Economic

The economic issues of not repairing the road have been previously reported.? These were detailed in the report on the Value Management Workshop.

Risk

The letter from the Hon. Duncan Gay indicates that the Waterfall Way and the section of the Pacific Highway from Urunga to Nambucca Heads is a ?better, faster and safer? alternative access.? This means there is less risk to motorists in driving this section of the Pacific Highway.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

1 View	33191/2011 - Media Release from Andrew Stoner MP
2 View	21780/2011 - Report to Council's meeting on 18 August 2011
3 View	23039/2011 - Resolution from Council's meeting on 18 August 2011
4 View	23679/2011 - Letter to the Hon. Andrew Stoner MP
5 View	24824/2011 - Letter to Minister for Roads from the Hon. Andrew Stoner MP
6 View	32943/2011 - Response to Hon. Andrew Stoner MP from Minister for Roads

OPTIONS:

Council could choose to make representations to other politicians and government authorities.? Council could also choose to pay for advertisements to support its lobbying.

DISCUSSION:

At Council?s meeting on 7 July 2011 it was resolved:

?That Council receive a report on status of the southern section of the Bowraville to Bellingen Road including options for progressing this such as:

1??????? working in tandem with Nambucca Valley Tourism and Bowraville Chamber of Commerce;

2??????? media campaign?

Nambucca Shire Council has taken a very active role in lobbying for the reinstatement of the road.? A brief summary of the actions to date are as follows:

February 2009??????? Road closed by landslips

31 March 2009 ????? Extreme rainfall event with 730mm of rain in 6 hours accompanied by cyclonic winds.? 42 major slope failures destroy road.

July 2009 ?????????????????????? Bellingen and Nambucca Shire Councils propose to the RTA that expressions of interest be sought for an evaluation report on the damage to the road.

September 2009 ??? RTA agrees to evaluation report.

November 2009 ???? GHD appointed to undertake evaluation of the damage to the road

April 2010 ???????????? GHD complete preliminary options report

27 May 2010 ???????? Meeting with RTA, consultants, residents, Nambucca Shire Council reps and Bellingen Shire Council reps at Brierfield Hall

27 July 2010????????? Council agrees to a value management workshop to assess the best option for the road

4 August 2010?????? Public meeting in Bowraville to discuss the future of the road

19 August 2010????? Council resolves to seek Natural Disaster Funding from the RTA for interim repairs to the damaged northern section of the Bellingen Road

16 Sept 2010???????? Council resolves to request that the RTA conduct a value management workshop on the future of the Bellingen ? Bowraville Road as soon as practicable.

7 October 2010????? Council resolves on composition of Value Management Workshop being the respective Mayors and Directors of Engineering of each Council plus a representative from tourism for each Shire.

18 January 2011???? Member for Oxley, Andrew Stoner appeals to the State Government to take immediate action to ensure natural disaster funding is made available to restore the road.? Andrew Stoner notes that, ?it?s now approaching two years since the natural disaster which caused the closure of the Bowraville-Bellingen Road, it?s time to get the road fixed and re-opened? It is now up to the NSW Government to process the claim and ensure adequate funding is available for the Councils to make repair of the road a high priority?.? (attached).

20 January 2011???? Council receives a report on the outcome of the Value Management Workshop.? The workshop concludes by consensus that the best option is the full restoration of both the southern and northern zones.

3 March 2011???????? As a consequence of a Mayor Minute, Council resolves to write to the NSW Minister for Roads and the Premier requesting an immediate decision on Council?s claim for Natural Disaster Relief funding to restore the road.

4 March 2011???????? Letters sent to Minister David Borger and Premier Kristina Keneally.

7 March 2011???????? Minister David Borger announces that $10m has been secured for the repair of the northern section of the road and that the RTA will undertake further assessment into the value of providing the additional $16m funding for the southern section.

17 March 2011?????? Further Mayoral minute and Council resolution to write to the Minister for Roads requesting an immediate decision on the total reconstruction of the Bowraville to Bellingen Road.

1 April 2011?????????? Responses received from the RTA in relation to Council?s representations (attached).

August 2011????????? Bellingen Shire Council advertises for tenders to construct the northern section.

In effect nothing has progressed in relation to a decision about the southern section of the Bowraville-Bellingen Road since the correspondence of 1 April 2011.? In the letter from the Minister?s office it advises that the RTA will advise Council of the outcome of the additional assessment of the southern section as soon as possible.? In the letter on the same date from the Regional Manager of the RTA, he advises that a final decision on the repair of the southern section will not be made until completion of the northern section repairs.

It is not apparent why a decision on the southern section cannot be made until the completion of the work on the northern section.? There has been a lot of time and expense incurred in assessing the road and the options for its repair or otherwise.? There is no indication from the Regional Manager as to what additional assessment will be undertaken.

In any event the NSW Government changed on 26 March 2011 and our local member and now Deputy Premier was quite specific that the whole road should be fixed and re-opened.

CONSULTATION:

Nambucca Valley Tourism and the Bowraville Chamber of Commerce should be requested to support Council?s representations.

SUSTAINABILITY ASSESSMENT:

Environment

The sediment in runoff from the closed southern section of the road is having a significant impact on water courses and vegetation in the nature reserve.

Social

There are significant social impacts with tourism and forestry businesses having restricted access from only the northern section.? In addition both the Bellingen and Nambucca valleys have lost an iconic tourist route that also provided the opportunity for local access.

Economic

The closure of the road has an adverse impact on tourism and forestry businesses.

Risk

There is increasing environmental damage being caused by sediment running off the southern section of the road.? There is an increased bushfire risk to residents and visitors with access only being available from the north.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report has no budgetary impact.

Source of fund and any variance to working funds

The report has no impact on working funds.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.11??? SF764????????????? 011211???????? Request for Consent to Sublease of Shop 2 being Part of Crown Reserve 85113 Riverside Drive Nambucca Heads

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

Summary:

Council is the Reserve Trust Manager for Crown Reserve 85113. Part of the Reserve has been leased to the Nambucca Heads RSL and Ex-servicemen Club Limited until 7 November 2021.

The Lessee has requested consent to a sub lease.

Consent has previously been given for two sub leases (one for the Kiosk and one for the boatshed) In this instance the request is to renew the sublease for? the Kiosk.

The proposed sub-lessors are the incumbent lessors under the expired lease and the terms of the proposed sublease are largely identical to those of the expired lease.

Council has no grounds, nor foreseeable reason, to withhold consent

Recommendation:

1????????? That Council in its capacity as Reserve Trust Manager of Reserve 85113 endorse the proposed sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 2 (The Kiosk) to Dean Cruikshank & Amber Elliott for a period of 5 years commencing 22 May 2011 and with an option of a further period of 5 years.

2????????? That Council authorise the General Manager and the Mayor to execute and to affix Council's seal on the sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 2 (The Kiosk) to Dean Cruikshank & Amber Elliott for a period of 5 years commencing 22 May 2011 and with an option of a further period of 5 years.

OPTIONS:

Clause 8 of the lease to the Nambucca Heads RSL and Ex-servicemen Club Limited makes provision for sub leasing.? Clause 8.2 precludes the lessor from withholding consent if particular conditions are met.? In this instance all conditions have been adequately met and therefore there is no option.

DISCUSSION:

Council is the Reserve Trust manager for Crown Reserve 85113. Part of the Reserve has been leased to the Nambucca Heads RSL and Ex-servicemen Club Limited until 7 November 2021.

In turn the Nambucca Heads RSL and Ex-Servicemen Club Limited has sub let the demised areas known as Shop 1(The Boatshed) and Shop 2 (the Kiosk).

Dean Cruikshank & Amber Elliott were the sublessees of Shop 2 which terminated on 21 May 2011.

Dean Cruikshank & Amber Elliott have sought a new lease which has been granted by the Nambucca Heads RSL and Ex-Servicemen Club Limited.? The proposed new lease commences 22 May 2011 and terminates 21 May 2016.? The lease provides an option for a further period of 5 years. (Note that this date does not exceed the expiry date of the Head lease.)

Clause 8 of the head lease to Nambucca Heads RSL and Ex-Servicemen Club Limited provides that the Lessee may only sub let all or part of the demised land with the written consent of the Lessor and the Department of Conservation and Land Management (now the of Department of Lands).

Clause 8.2 of the head lease provides that the Lessor may not withhold consent if the following provisions have been observed by the lessee:

a) ????? Lessee is not in default

I am unaware of the Lessee being in default of any lease provisions as at 21/11/2011. In a particular all rent is and has been paid on time

b) ????? Lessee is Respectable and responsible

The sub lessee is respectable and responsible.? The lessees? approval of a further sub lease indicates that the lessee is confident in the integrity of the proposed tenants.

Council has no grounds, nor foreseeable reason to withhold consent to the sub lease.? It is recommended that council in its capacity as Trust Manager endorse the lease as requested.

CONSULTATION:

Department of Lands Grafton

SUSTAINABILITY ASSESSMENT:

Environment

The recommendations do not give rise to any environmental issues

Social

The recommendations do not give rise to any social issues.? Arguably the provision a riverside kiosk provides a positive social aspect to the recreational facilities on the River.

Economic

The recommendations do not give rise to any economic issues

Risk

The recommendations do not present any further risk to Council

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The recommendations do not present any direct or indirect impacts on current or future budgets

Source of fund and any variance to working funds

Variance in working funds is not required.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.13??? SF1680??????????? 011211???????? Adin Street Reserve - Proposed Plan of Management

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

Summary:

Council resolved on 04 August 2011 to exhibit the amended draft Plan of Management (POM) for the Adin Street Reserve Scotts Head pursuant to the Local Government Act 1993.

A public hearing was held in accordance with the requirements of the Act on Monday 26 September and was attended by 7 residents, 3 staff and 5 Councillors.

Section 47G precludes Councillors and staff from presiding over the public hearing process and accordingly Mr Rick Bennell of Bennell & Associates was commissioned to facilitate and report on the hearing.(Circularised).

This report presents the recommendations made in the Bennell report.

Further, this reports comments on issues that have arisen during the POM process which do not directly pertain to the process of adopting the POM but are pertinent to the overall plan for the precinct.

It should be noted that the directed scope of the exercise has been to draft a POM which facilitates the adopted Master Plan.? The overwhelming majority of the submissions regarding the proposed POM pertain to objections and alternative recommendations to the Master Plan (being the Scotts Head Holiday Park, Crown Reserve, Community and associated Freehold Land Master Plan, hereafter referred to as the Master Plan) and to the proposal to ultimately lease part of the Adin Street Reserve to the operators of the Scotts Head Holiday Park.? Whilst the comments are pertinent to the overall scheme of the Master Plan project they have not been considered in this process as they are outside the scope of the POM exercise.? Notwithstanding this the consultant?s recommendations touch on these issues directly.

Recommendation:

1??????? That Council note the report and recommendations of Bennel & Associates dated 25 October 2011 on the Public hearing into the re categorisation of Land at Adin Street Reserve Scotts Head.

2??????? That Council proceed with the re-categorisation of the community land known as the Adin street Reserve Scotts? Head and more particularly as Lot 10 DP 722566 from ?sportsground? to ?general community use?

3??????? That Council adopt the Amended Plan of Management for the Adin Street Reserve with the following amendments:

???????? i????? Clause 4.2.5 to state:

????????????????? Subject to current and future lease arrangements as identified in the Master Plan use of the Reserve for camping is expressly prohibited unless prior approval is obtained from the Council, such approval only being granted if the applicant can satisfy Council that all the relevant provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 have been complied with.

4??????? That future development of the Adin Street Reserve has regard to the Nambucca Coastal Zone Management Plan.

5??????? That Council give public notice of the adoption of the Adin Street Reserve Plan of Management including the terms of the amended Plan of Management

OPTIONS:

1????????? Council can adopt the Plan as exhibited or adopt the plan with minor amendments. In the event Council adopts the plan with minor amendments Council is required to give public notice of that adoption, and of the terms of the amended plan of management, as soon as practicable after the adoption (s40 2A LGA,1993)

2????????? Council can amend the plan by amending the proposed categorisation noting however that if any amendments change the proposed categorisation a further public notification period and public hearing process is? required (s40A(3) LGA, 1993).

3????????? Council can amend the plan (but retain the proposed re-categorisation) to an extent that it substantially changes the proposed plan. In such event Council must publicly exhibit the amended draft plan in accordance with the provisions (s40(2), LGA 1993)

DISCUSSION:

Council adopted the amended Draft Plan of Management for the Adin Street Reserve Scotts Head on 4 August 2011 and directed staff to exhibit the plan and to conduct a public hearing pursuant to the requirements of the Local Government Act 1993.

This process is now complete and a copy of the Bennell & Associates report and recommendations is submitted for Council?s consideration.

By way of a brief review the scope for the preparation of the draft plan of management was to explicitly facilitate the Master Plan and to expressly authorise the potential for leasing of part of the Reserve to the operator of the Scotts Head Holiday Park.

Councillors would be well aware of the many submissions, issues and objection raised to the Master Plan during the public consultation process.

Master Plan issues

A number of these concerns have been reiterated in submissions to the Draft Plan of Management. Such issues include;

?????? objection to the Master Plan in its entirety;

?????? objection to relocating the current site of the existing holiday vans (semi permanents);

?????? objections to the proposed access arrangements;

?????? concerns regarding a perceived lack of consideration into the environmental constraints that may impact on the Reserve in light of the projected impacts of climate change.

As these issues are, or will be addressed by the overarching Master Plan they have not been considered as part of the POM process.

Leasing and Lease Negotiation issues

Over and above the Master Plan issues submissions to the POM included concerns that the lease negotiations have not been concluded and that as such:

?????? a failure to reach agreement on a satisfactory lease would render the POM obsolete; and,

?????? adoption of the POM would place Council at a disadvantage in any further negotiations.

In this regard the provisions of the Local Government Act are clear. Specifically s45 LGA 1993 provides that a Council may grant a lease or licence of community land, but only in accordance with this Division (being Division 2 Use and Management of Community Land).. Council may only grant a lease or licence of community land if such use is consistent with and expressly authorised by a plan of management.

The current POM does not allow for leasing. Furthermore leasing is inconsistent with the current categorisation (s46(2) LGA,1993).

It is appropriate and proper for Council to resolve the potential for leasing in the POM prior to negotiating such an outcome. Arguably the capacity to lease or licence the land improves Council?s negotiating power.

Setting aside the POM process the lease between Council and the Reserve Trust for the "semi-permanent section" of the caravan park expired on 31 December 2006. When Council tried to extend the tenure in 2006 it was criticised by the Department of Local Government for not following the correct process under the Local Government Act and Regulations.? The Department refused to approve an extension of the lease.

Currently Council receives a substantially sub market rent for leasing 7,378 square metres of prime waterfront land containing 41 "semi-permanent" sites. Staff research indicates that the market rent should be in excess of three to four times this rate.? The fact that the caravan park continues to operate without a lease, without adequate fire separation distances and without any commercial review of the rental we have received for at least 5 years (and probably much longer) requires Council?s immediate attention.

The proposed POM will facilitate this process.

It should be noted that a provision for leasing in the POM does not equate to the grant of a lease, but merely establishes the authority to proceed with leasing in the event satisfactory terms are negotiated.

Ministerial intervention in POM and leasing matters

A number of submissions were premised on the expectation that any objection to the POM would thereby require the POM to be submitted to the Minister (for Local Government) for approval and consent.? This is not correct.

However, when/if Council seeks to lease the land Council will be required to give public notice of the proposal (s471 and 2, LGA 1993). In the event objections to the proposed lease are received during the exhibition period and Council seeks to grant the tenure, Council must first obtain the consent of the Minister.

In light of the confusion staff have undertaken to include all submissions to the POM with the information required to be submitted to the Minister for determination of the tenure.

Use of land by existing semi permanents

One submission? queried whether the use of the Reserve? by the existing semi permanents was consistent with the core objectives of the ?general community use? category and more specifically in keeping with the leasing provisions of section 47 of the LGA 1993.

It is the writers opinion that the proposed use of the land is consistent with the core objectives of general community use (s36I LGA1993.) and accordingly the proposed lease is permissible pursuant to section 47LGA 1993.? More particularly the adopted Master Plan identifies the Holiday Park as the primary economic activity in Scotts Head and accordingly seeks to facilitate its continued commercial viability and capacity to provide a range of forms of accommodation for visitors to Scotts Head.? This objective is consistent with the core objective of the general community use category (s36I, LGA 1993).? The eventual relationship between the lessee and its tenants is not a matter for Council.

Relocation of existing holiday vans and camping issues

A further submission indentified the wording of section 6 of the POM as being misleading and deceptive insofar as it is not consistent with the wording in the Master Plan. The Master Plan refers to the intention to re-locate the ?holiday vans? to a newly created area for ??37 short term dwelling sites??.

Referring again to the above-mentioned objective of the Master Plan it is considered appropriate to permit all uses approved pursuant to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 for the operation of a caravan park.

Similarly a submission was received criticising the lack of protocol for the potential use of the unused portion of the Reserve for camping by community groups. The criticism stems from a perceived history of ?? (lack of) supervision and abuse of ?casual? camping provisions whereby, in practice, these areas became permanently available to the Scotts Head Caravan Park?.?

The intention of the draft POM was to control this use through the provision of the Regulations wherein specific criteria for amenities, set backs, car parking spaces and fire management issues need to be complied with.? The Regulations set specific requirements for general camping area and it is submitted that these requirements establishes the control protocol.? It would be a matter for the applicant to determine whether it would be economically feasible to meet the regulatory requirements against the revenue that may accrue from the camping.

It is recommended that the draft POM be amended at clause 4.25.

From:

4.2.5 Camping

Traditionally during the Christmas School Holidays the unused portion of the Reserve has been allowed to be used for camping by community groups.? The fee paid is made available to the Sport Grounds Committee of Management for improvements.

Council may grant permission for camping in a restricted area of the Reserve in association with events such as festivals and concerts or during peak holiday periods on the proviso such use is in accordance with and complies with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.? Approval must be sought from Council for each event and will be subject to fees set by Council, payment of damage bonds and Public Liability Insurance to indemnify Council.

To :

Subject to current and future lease arrangements as identified in the Master Plan use of the Reserve for camping is expressly prohibited unless prior approval is obtained from the Council, such approval only being granted if the applicant can satisfy Council that all the relevant provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 have been complied with.

The above recommendation comes with a significant caveat; that being camping on the Reserve has been a practice dating back many years.? It is foreseeable that families will arrive over the coming holiday periods with the expectation of obtaining a camping site on the Reserve.? Council will need to consider how the changes will be communicated to these families or what arrangements can be made as a transition to the new POM.

Recommendations by Bennell & Associates

Addressing each of the recommendations by Bennell and Associates the following comments are made:

Recommendation 1:?????? See report recommendations

Recommendation 2:?????? It is considered that all sub points to this recommendation are addressed by the Master Plan with the exception of managing leasing arrangements which are directly addressed by the POM.

Recommendation 3:?????? The proposed relocation of the existing access way was a prominent issue in the submission to the POM. The revised access way is a component of the Master Plan. Notwithstanding this, it is expected that prior to implementing this part of the plan the relevant traffic studies will be undertaken.

Recommendation 4:?????? The internal functionality of the Reserve refers predominantly to the access arrangements proposed by the Master Plan. Whilst not an issue for the POM the recommendation for the pedestrian footpath in Adin Street along the northern side of Adin Street (towards the Bowling Club) is a matter which would positively contribute to the amenity of the Reserve.

Recommendation 5:?????? The subject matter is being specifically considered in the formulation of the Nambucca Shire Coastal Zone Management Plan which is due for Council consideration December 2011. It is recommended that Mr Bennell?s recommendation be submitted for consideration as a part of this plan. Ultimately Councillors will be guided in the implementation of the Master Plan by the adopted Coastal Zone Management Plan.

Recommendation 6:?????? Council has a statutory obligation to advertise any proposed lease of the Adin Street Reserve pursuant to s47 LGA 1993

CONSULTATION:

SUSTAINABILITY ASSESSMENT:

Environment

The recommendations of themselves do not present any environmental issues.? Submissions to the POM have raised numerous environmental concerns regarding the future development of the Reserve and the potential impact of climate change on the Reserve. Councils proposed Nambucca Coastal Zone Management Plan will provide guidance to Councillors in the implementation of the Master Plan.

Social

The recommendations of themselves do not present any social issues. Implementation of the Master Plan however is intended to improve the amenity and functionality of the Reserve by defining a central community space in the heart of Scotts Head by way of the proposed ?village green?.

Clearly there is some opposition to the Master Plan as evidence by the content of the, albeit small number, of submission to the POM.? It would be prudent to ensure that a clear communications plan is devised to ensure that stakeholders and residents are aware of the progress and direction of the Master Plan and the development of the Adin Street Reserve.

Economic

One submission to the POM was a criticism that the Master Plan development and, by extension, the development of the Adin Street Reserve had not been subject to a rigorous cost /benefit analysis.

It is outside the scope of the POM to consider the cost/benefit of the Master Plan however it can be said that a review of the current leasing arrangements and the introduction of market rent will improve the financial performance of the Reserve.

Whilst yet to be finalised it is intended that a lease condition will be that the cost of re-developing the holiday Park Entry and new sites will be borne by the Reserve Trust. In any event the Master Plan will be financed initially from the public purse and accordingly a rigorous cost/benefit analysis would be an essential commencing point for the project.

Risk

The recommendations do not give rise to any additional risk to Council. On the contrary the revised categorisation enables Council to address and update long outstanding leasing arrangements

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The POM of itself does not add to the current costs of operating the Reserve. Updating the lease to market rental will improve revenue generated by the Reserve.

Source of fund and any variance to working funds

A variance is not required by these recommendations.

Attachments:

1 View

?- Circularised Document for Councillors

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

General Manager's Report

ITEM 9.14??? SF1460??????????? 011211???????? Proposed Special Rate Variation - Outcome of Community Consultation

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

Summary:

A public consultation period on a proposed special rate variation of 10.04% concludes on 30 November 2011.? Because 5.04% of the proposed special rate variation relates to the continuation of existing funding (mainly the Environmental Levy), the actual average dollar increase for rate payers would be 5%.? The report indicates that feedback from the public consultation has been fairly evenly divided, mirroring the results of the 2010 Resident Satisfaction Survey.

Recommendation:

That Council advise the Independent Pricing and Regulatory Tribunal (IPART) of its intention to seek a permanent special rate variation of 10.04% in 2012/2013 under Section 508(2) of the Local Government Act comprising the following:

1??????? 3.0% being a provision for the rate peg;

2??????? 5.04% for the permanent continuation of the expiring special variation for the Environmental Levy and loan financing for the replacement of Deep Creek Bridge and the stabilisation of Riverside Drive;

3??????? 2.0% being for additional revenue to fund a loan program to bring forward capital works indentified in Council?s Infrastructure (Asset) Management Plan.

OPTIONS:

Council can decide to seek a permanent special rate variation as resolved at Council?s meeting on 4 August 2011 or seek a lesser increase or not lodge an application for a special rate variation in 2012.? If Council resolves not to apply for a special variation it will need to reduce its general income for 2012/2013 by approximately $392,000.

DISCUSSION:

The Independent Pricing and Regulatory Tribunal (IPART) announced that Council?s wishing to apply for a special rate variation in 2012/2013 need to advise IPART of their intention no later than 16 December 2011.? Council then needs to complete a very detailed application and collate supporting information for lodgement with IPART no later than 24 February 2012.

At Council?s meeting of 4 August 2011 it was resolved:

A?????? That Council advertise its intention to seek a permanent special rate variation of 10.04% in 2012/2013 under Section 508(2) of the Local Government Act comprising the following:

1??????? 3.0% being a provision for the rate peg;

3??????? 2.0% being for additional revenue to fund a loan program to bring forward capital works indentified in Council?s Infrastructure (Asset) Management Plan.

B?????? That Council undertake a review of its rating structure.

The report which provided the background and justification for Council?s resolution is attached.

IPART require evidence that Council has undertaken an extensive and transparent consultation process with its community in any application for a special rate variation.? Accordingly, the attached newsletter advising the community of the proposal was mailed to all ratepayers in mid September 2011.? Feedback on the proposal was sought by 30 November 2011.

Feedback was provided to the General Manager by telephone, email, letter and in person.? A summary of the feedback received is in the following table.? All written responses have been circularised to Councillors only.? This is because they contain personal information such as addresses.? It is requested that this personal information not be disclosed.

Feedback on Special Variations Fact Sheet ? as at 24 November 2011

Date	How	Who	What they think
19/9/11	Telephone	Jean, Nambucca Heads	Acknowledges that sealed roads are in a poor state of repair and supports rate increase
19/9/11	Email	Lewis	Believes the fact sheet was well done.? Believes the rate increase is moderate and he supports it.
19/9/11	Telephone	Dawn, Nambucca Heads	Paid $1,280 in rates this year.? Agrees that the roads are in a poor state.? Is a pensioner but can afford a 5% increase in rates to improve the standard of the Shire?s sealed roads.
20/9/11	Email	Neil, Newee Creek	Fully supports rate increase
20/9/11	Telephone	Wade, Macksville	Wants more bang for his existing rates.? Council staff not working hard enough.
20/9/11	Telephone	Darryl	Not in favour of an increase in rates.? Doesn?t believe the Council spends its existing rates wisely.? For flood plain management he recommends that Council go back to cleaning gravel out of the river at Wia-Ora.? Would reduce costs to Council and cause less siltation downstream.
20/9/11	Email	John	Supports rate increase
20/9/11	Email	John	A number of questions relating to how effectively Council is in spending its rate revenue and whether the Council is financially sustainable.
20/9/11	Email	Jason	Opposes rate increase
20/9/11	Email	Rob	Supportive
21/9/11	Telephone	Lesley, Eungai	Opposes rate increase because she has to pay more rates but Kesbie?s road is not planned to be sealed.? Wants the road sealed to control dust.
21/9/11	Telephone	Charles, Nambucca Heads	Wants to see mix placed in potholes compacted.? Appreciates that rates have to go up but doesn?t believe pensioners are getting full value for their rates.
21/9/11	Email	Dennis, Eungai	Opposes any rate increase over an inflationary percentage.? Council should cut spending in other areas.? Existing rates are far too high.
21/9/11	Telephone	Des, Valla	Supports rate increase.? Concerned about trucks from the quarry in Valla destroying Valla Road.
21/9/11	Telephone	Marion, Lower Buckra Bendinni	Opposes rate increase.? Lives on a dusty road.? Doesn?t get anything for her rates.? Believes rural people without a garbage service should get some free passes to the tip.? People living in town get all the benefits.
21/9/11	Email	Margaret	Is an aged pensioner and finds it hard to keep up with rising costs.? Pensioners need a bigger discount in their rates.
21/9/11	Telephone	Dr, Valla Beach	Believes that those who benefit from the increased expenditure should have to contribute more.? Should be more user pay.
21/9/11	Email	Claudia, Taylors Arm	Opposes rate increases.? Council is incompetent; Council does nothing for people in Taylors Arm; need to cut back on staffing; staff on workers comp.
21/9/11	Telephone	Graham	Not in favour of rate increase.? Is a pensioner; pays more than the average rate; pays too much.
21/9/11	Email	Terrence, Talarm	Supports rate increase
21/9/11	Email	Susan, Bowraville	Objects to rate increases pertaining to farmland.? Get no services.? Should be user pay.? Tired of funding town services.
21/9/11	Email	Margaret, Eungai Rail	Supports rate increase.
22/9/11	Email	David, Allgomera	Objects to rate increase.? Will be looking for those Councillors who back a rate increase.? Lives on a poorly maintained dirt road with dust a constant problem.? Has a septic and just purchased a water tank.? Has no rubbish to pick up.? Wants a concessional rate reduction for all the services he is not getting.
22/9/11	Email	Paul, Valla Beach	No indication of support or opposition.? Questions put concerning the funding of Deep Creek Bridge and a request that the Ranger enforce signage.
22/9/11	Email	Philippe	Completely rejects any rate increase.? Already pays $1,700, much more than the quoted average of $826.? It is unaffordable.
22/9/11	Email	Ross, Nambucca Heads	Strongly opposes a rate increase.? Properties have fallen in value; a rate increase will deter further investment in real estate; not times of plenty; high unemployment; already facing hardships; Council should consider better work practices and making budget cuts instead of raising rates.
23/9/11	Email	Celia, Nambucca Heads	Fully support rate increase.
26/9/11	Email	Ken, Nambucca Heads	Accepts rate increases as long as it goes to helping maintain problem areas in the Shire.
26/9/11	Telephone	Des, Bowraville	Against paying more rates
26/9/11	Email	Matthew, Burrapine	Against paying more rates.? Doesn?t believe he gets any value for his existing rates.? Has to spend his own money on providing access to his land.
26/9/11	Email	Tony, Bowraville	Is a pensioner and any increase in rates makes it very difficult to live.
27/9/11	Email	Tony	Believes the proposals are justified.? Has travelled extensively in countries where infrastructure has been allowed to deteriorate ? firm believer that governments have a responsibility to leave a positive legacy through sound investment and prudent fiscal management.
27/9/11	Letter	Jim, Nambucca Heads	Supports proposed rate increase both for the environmental levy and also improving the sealed road network.
29/9/11	Email	Milan, Bowraville	Opposed.? Rates shouldn?t increase by more than the pegged amount.? Why should ratepayers pay for wasted projects like the cemetery division of religion and also for the simple reason that council never has enough money.
29/9/11	Telephone	Paul, Macksville	Supports rate increase
29/9/11	Telephone	Diana, South Arm	Supports rate increase, great idea.
30/9/11	Email	David, Nambucca Heads	Lack of work in Lower Lee Street over past 20 years.? No kerb and gutter, potholes.? Against a rate increase as doesn?t see any return from existing rates.
7/10/11	Counter	Mrs, Macksville	Has to live on a fixed income and generally does not use local roads.? Would prefer to pay less rates, rather than more.
7/10/11	Letter	John, Scotts Head	Against any rate increase above the CPI.? Doesn?t believe Council pushed hard enough to get natural disaster funding from the State or Federal Government.? Believes Council should use some of its invested funds.
10/10/11	Telephone	Judy, Hyland Park	Opposed to a rate increase.? Doesn?t use Council facilities.
12/10/11	Email	Ian	Strongly in favour of rate increase.? For too long Councils have been subject to rate pegging.? It has encouraged a cargo cult mentality.
13/10/11	Email	Barry	Against any rate increase; lost confidence in Council; roads have not been properly maintained; low socio-economic area and a rate increase at this time is unaffordable; rather than looking at easy ways to reduce financial burdens Council has to look deeper.
13/10/11	Letter	Nambucca Heads Chamber of Commerce & Industry Inc.	Support proposed rate increase.? Recognised that Council needs extra income to repair and improve infrastructure.
17/10/11	Telephone	Garry, Nambucca Heads property owner	Supports proposed rate increase
17/10/11	Email	Graham, Nambucca Heads	Reported damage to a footpath which was repaired within 1 week.? Happy with service provided by Council and fully supports proposed rate increase
20/10/11	Email	Pat, Nambucca Heads	Supports proposed rate increase.? Identifies cost shifting by State Government as a problem for Councils.
31/10/11	Letter	Philip, Argents Hill	Unsealed road in poor conditions.? Doesn?t believe he receives any value for his rates ? now water , no garbage, no road upkeep.
3/11/11	Email	Mrs A, Macksville	Supports a continuation of the environmental levy as long as it is used to rehabilitate the natural environment.
4/11/11	Email	Darrell, Nambucca Heads	Does not oppose a rate increase if the funds are used to improve roads (and particularly this section of Loftus Street)
10/11/11	Email	Gavin, Newee Creek	Support a 5% increase with extra funds to be spent on roads but don?t support a 10% increase.
17/11/11	Email	Deborah, Leichhardt	Owner of property at Burrapine.? Has no building entitlement, no waste service, no sealed road, no street lights, wooden bridges, difficult access.
17/11/11	Telephone	Roger, Nambucca Heads	Has rate bill well in excess of the average.? Believes that all ratepayers should pay the same amount for services.? Objects to paying any more than an average increase.
24/11/11	Telephone	John, Nambucca Heads	Owns a holiday home on Wellington Drive.? Is happy to pay the nominated average increase of $41.32 per year but doesn?t believe higher valued properties should have to pay more than the average.? (listed as opposing the rate increase as the property will likely attract a higher than average increase).
Summary ? 53 submissions - in support 22 ? against 30? ? don?t know 1

As indicated in the summary, opinion from the feedback is divided with 56% opposed to the proposed rate increase whilst 42% were in favour.

The feedback also provided some interesting insights into the community?s perception of Council and local government finance.

As a general comment many people do not understand that their ?rates? are only one of a number of charges which are levied.? When the rating system was explained there were many comments in support of a flat user charge as being more equitable.

Not surprisingly ratepayers on fixed incomes such as aged pensions are very concerned about any increases in government charges which exceed the CPI.

Rural ratepayers often refer to the urban services which they don?t receive or use, but often do not acknowledge or are unaware of the significant cost of maintaining rural roads and bridges.

Unsealed roads were a frequent source of complaint.? This mirrors the outcome of the 2010 Resident Satisfaction Survey which found that out of 26 Council facilities and services, there was least satisfaction with unsealed roads. ?Dust and trafficability are the greatest reasons for complaint.

In general the feedback reinforces the outcome of the 2010 Resident Satisfaction Survey.? Over 64 percent of those surveyed said they would be prepared to pay a small (50 cents to $1.50 per week) levy to be spent specifically on improved roads and bridges.? The proposed rate increase equates to an increase in the average residential rate of 79 cents per week, an increase in the average business rate of $1.52 per week, and an increase in the average farmland rate of $1.62 per week.

In summary, taking into account the Resident Satisfaction Survey as well as the feedback to the proposed special rate variation, opinion as to the proposed special rate variation is fairly evenly divided.? The proposed special variation, if granted in full, would provide Council with additional revenue of approximately $160,000 per annum (assuming a rate peg/CPI of 3%).? Whilst this is not a significant sum, when used to finance borrowings of $1.5m there will be an appreciable improvement to Council?s sealed road network.? There is majority support in the community for Council to improve its road network.

CONSULTATION:

There has been consultation with approximately 8,000 ratepayers.

SUSTAINABILITY ASSESSMENT:

Environment

There will be significant implications for the environment if the environmental levy is not renewed in 2012/2013.? The environmental levy raised $329,940 in 2011/2012 however it has been used to obtain contributory grant funding from the NSW and Federal Governments.? Therefore the net benefit of the environmental levy well exceeds the $329,940 which is contributed by the local community.

Social

There are social implications in increasing Council?s rates and charges.? Socio-economic indicators suggest that the Nambucca Valley is among the most disadvantaged in NSW and its residents, in general terms, have less capacity to meet increased funding requirements from utilities.? There have already been substantial increases in the price of electricity and water.

Economic

There are unlikely to be significant economic impacts from the proposed special variation.

Risk

There are risks that Council will not receive any approval for a special variation which will mean that its environmental levy program will have to be wound up and expenditure reduced in other areas to meet a loan repayment schedule of $66,000 per annum.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report concerns a proposed special rate variation which will impact on Council?s future budgets.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Attachments:

1 View	19521/2011 - Report to Council's meeting on 4 August 2011
2 View	33232/2011 - Rate variation fact sheet 2012/13
3 View	?- Confidential Circularised Document - Written Reponses -

OPTIONS:

Council has discretion in determining its position on expenditure and rating, except that it requires the approval of the Independent Pricing and Regulatory Tribunal (IPART) should it wish to increase its general rates more than the announced rate peg.? The consequences of not seeking the recommended special variation are self evident but are also outlined in the report.

The Council can operate with reduced funding but there has to be acceptance by the community of a reduced level of service.? A reduced level of service can take many forms including load limited bridges; poor road pavements; closing facilities such as a library or the saleyards; or not undertaking work funded under the environmental levy etc.

There is no evidence from the resident satisfaction surveys undertaken by Council that suggests the community would prefer to trade off rate increases for a reduced level of service.? Rather the evidence suggests the majority support modest rate increases which are targeted at capital works such as replacing bridges and rehabilitating roads.

DISCUSSION:

The Local Government Act 1993 provides 3 mechanisms for increasing a Council?s rate revenue.

Section 506 provides for an increase in rate revenue in accordance with the rate peg limit.? The rate peg for a particular year is determined by the Independent Pricing and Regulatory Tribunal (IPART) and is normally announced in December.? IPART has set the rate peg for 2011/2012 at 2.8%.

Section 508(2) provides that the Minister (now IPART) may approve a variation allowing a single percentage increase in income that may remain in the revenue base temporarily or permanently.

Section 508A provides that the Minister (now IPART) may approve increases in general income in more than 1 year (multi-year) that will remain the revenue base permanently.

A summary of the variations requested by councils for 2011/2012 and the decisions by IPART are attached.? The IPART fact sheet provides some background to the process of seeking special variations.?

The summary of determinations made in relation to applications by Richmond Valley Council; Great Lakes Council and Byron Shire Council are also attached.? They provide background in relation to IPART?s considerations and particularly their five assessment criteria being:

1??????? Demonstrated need for the rate increase implied by the special variation

2??????? Adequate community consultation

3??????? Reasonable impact on ratepayers

4??????? Sustainable financing strategy consistent with the principles of intergenerational equity

5??????? Productivity improvements the council has realised in past years, and plans to realise over the requested special variation period.

Previous Special Variations

The following table indicates all of the special variations Council has applied for since 2000.

Year	% Sought (incl. rate peg)	% Approved (incl. rate peg	Period	Reason
2000/01	14.7	7.55	Ongoing	Unable to maintain an acceptable level and standard of works & services.
2001/02	6.65	2.8	n/a	Unable to maintain an acceptable level and standard of works & services.
2002/03	n/a	n/a	n/a	n/a
2003/04	9.65	9.65	2.34% ongoing 4% for 2 years	2.34% related to the maintenance of infrastructure and management of assets.? 4% related to introduction of an environmental rate to complete a backlog of essential environmental projects.
2004/05	n/a	n/a	n/a	n/a
2005/06	13.5	7.73	5 years	Extension of the environmental rate issued in 2003/2004 for continuation of environmental projects.
2006/07	6.11	6.11	Ongoing	Strategy to raise $5m in loan funds for expenditure on capital works to rehabilitate rural roads, urban streets and renew bridges.
2007/08	5.3	5.3	Ongoing	Part of strategy to raise $5m in loan funds.
2008/09	5.0	5.0	Ongoing	Part of strategy to raise $5m in loan funds.
2009/10	4.67	4.67	Ongoing	Part of strategy to raise $5m in loan funds.
2010/11	7.64%	7.64%	2 years	Funding $500,000 in loan repayments for Deep Creek bridge & Riverside Drive stabilisation.? Also provides for an extension of the environmental levy for a 2 year period.
2011/12	n/a	n/a	n/a	n/a

As it stands if Council elects not to seek a special rate variation for the 2012/13 financial year and do nothing, it will need to reduce its general income for the 2012/2013 rating year by $392,091, plus the equivalent proportion of the increase from the general (rate peg) variation increases for the 2010/2011 to 2011/2012 rating years inclusive.

This effectively means that Council will need to remove the environmental levy which constitutes about 4% of Council?s rate income and reduce operating costs in other areas by at least $66,600 per annum to meet the loan repayments for the work undertaken on Deep Creek bridge and planned to be undertaken on Riverside Drive.

In the assessment of the special variation by Byron Shire Council in 2011, IPART stated that;

?Byron Shire Council has applied for a special variation in all but 1 of the past 11 years and a special variation has been approved on 7 occasions.? Most of these special variations have been permanently included in the rate base.? We are rejecting council?s request because the council?s financial planning to date has not been sufficiently rigorous to identify the underlying reasons why it continually requires special variations.? It has also failed to identify any alternative options for addressing the prospective deterioration in its financial position?.

If Nambucca Shire Council submits a special variation application for the 2012/2013 financial year it will have submitted applications in 9 of the past 13 years.? Council has received special variation approval on each of the 8 occasions it has been requested, except on 3 occasions the variation approved was less than the variation requested.

IPART undertook a major review of the revenue framework for local government in 2008 and 2009 with the final report being published in September 2010.? IPART?s findings included the following statement (page 77).

?On a recurrent basis, we found that more than two-thirds of all NSW councils are sustainable, but those in the rural and fringe categories are less likely to be sustainable.? On a capital basis, the evidence is less reliable and more difficult to interpret.? However, based on the available information, we found that more than half of NSW councils are managing to maintain capital expenditure at levels considered sustainable, even though many appear to significantly underutilise debt to fund long lived assets.? Like previous studies, we found that there are infrastructure backlogs which may mean council?s capital sustainability is at risk.? However, the lack of reliable information made it impossible to measure the extent of the backlogs and the risk they pose.?

So the consideration of financial sustainability can be a ?catch 22?.? Acknowledging and acting on an infrastructure backlog may count against the Council with a perception that numerous applications for a special variation suggest a lack of a sustainable financial strategy.

What is clear from the special variation determinations made by IPART in June 2011 is that to be successful Council has to work just as hard in scrutinising its operational expenditure, asset service levels and fees and charges as it would otherwise have done if it were not seeking a special variation.

Outcomes of the Integrated Planning and Reporting (IPR) Process

Council has made substantial progress in documenting community values and priorities, being an important component of the Community Strategic Plan.? This has been undertaken through two resident satisfaction surveys, the last being in October 2010 as well as a series of forums and ?away? Council meetings.

Council has also made good progress in preparing asset management plans for its infrastructure.

At the same time there has been increasing scrutiny of operating expenses.? A round of voluntary redundancies conducted in 2011 has resulted in offers of redundancy being accepted for 2 full time positions.? Council has also resolved to undertake an independent review of its organisation structure.? In terms of non-operating expenses there has also been increasing scrutiny in relation to the service levels and the costs of assets.? Recent reports on the Boulton?s Crossing Reserve and the Macksville Saleyards are two examples.

Notwithstanding that the work on the IPR process is incomplete, it is absolutely certain that by operating within the rate peg Council will continue to fall behind in asset renewal at a rate of about $3.5m per annum.? Besides falling further behind Council will not make any impression on the existing backlog where an estimated $40m is required to bring general fund assets up to a satisfactory condition.

This decline in financial standing will manifest itself in an inability to meet requirements for major capital expenditure.? Examples include replacing bridges, rehabilitating roads, replacing plant and equipment and undertaking unplanned capital expenditure such as the replacement of the Deep Creek bridge.

As indicated in the IPART reports, a Council?s liability for asset management has to be balanced against the community?s capacity to pay which they express in their third criterion as a ?reasonable impact on ratepayers?.? Like the Richmond Valley Council, socio-economic indicators suggest that the Nambucca Valley is among the most disadvantaged in NSW.

In considering capacity to pay, Council should be considering funding increases provided to other utility providers and economic conditions generally.? For areas such as the Nambucca Valley the available funds that people have to pay utility charges are relatively fixed and to this extent Council?s General Fund is competing with other utilities for a share of that ?fixed? funding.

In 2011/2012 Essential Energy (Country Energy) prices will be increasing by 18.1% adding approximately $316 to an annual bill of $1,747.? However there is a forecast of a further 24% price increase to occur in 2012/2013.

Council has increased its water usage charges in 2011/2012 primarily to fund the construction of the proposed Bowraville Off River Water Storage.? The water usage charge has increased from $1.49 per kilolitre in 2010/2011 to $1.93 per kilolitre in 2011/2012.? This is a 29.5% price increase which will add $107 per annum to the average usage account.? The access charge for a standard connection has also increased from $73.00 in 2010/2011 to $88.00 in 2011/2012.? This is a 20.5% increase which combined with the average water usage charge will add a total $92.00 to an average annual water account.

General economic conditions also remain difficult with a relatively slow property market, limited new investment, and a general lack of confidence.

It is suggested that regardless of Council?s asset liability, on a capacity to pay basis there should be consideration to seek a permanent special variation in 2012/13 of 2% over and above the rate peg and a proposal to renew the expiring special variations mentioned previously.? This would provide Council with ?additional? revenue of $160,000 per annum which would again be used to fund loans to bring forward work identified in its current 5 year Infrastructure Management Plan (to become the Asset Management Plan in the IPR).

The previous program of small special variations to fund borrowings to support a relatively rapid improvement in the condition of Council?s roads and bridges has been very successful.? The condition of Council?s assets has improved markedly and there is a relatively high level of ratepayer acceptance of the strategy as evidenced by the results of the resident satisfaction survey.? There is a continuing high level of acceptance of the need for additional spending on core infrastructure.? At the same time Council?s overall satisfaction rating has also increased.? This suggests that residents accept such initiatives where Council can demonstrate the additional funding is not being directed to operating expenses.? A recent letter from the Nambucca Heads Chamber of Commerce and Industry Inc. (attached) is reflective of this sentiment.

CONSULTATION:

Council staff have arranged to meet with representatives of IPART in Sydney on 8 August to discuss their requirements for a special variation application.? IPART has previously advised that councils which consult in the formulation of applications for a special variation have a greater prospect of succeeding.

The consultation process will be enhanced by staff being able to discuss a proposal with IPART.

The recommendation is a proposal which is to be subject to extensive community consultation.? At the conclusion of that consultation all public submissions will be reported to Council prior to finalising any proposal to be put to IPART.

IPART announced in June 2011 that they intend to bring forward the deadline for special variation applications to January.? IPART require that any application for a special variation be submitted with evidence of substantial community consultation as well as the completed documentation required under the IPR process.? To meet the January deadline Council needs to form an opinion now as to whether it will be seeking a special variation and the quantum of that variation.

SUSTAINABILITY ASSESSMENT:

Environment

There will be implications for Council?s management of the environment if the environmental levy is not renewed in 2012/2013.

Social

Council should undertake a review of its rating structure prior to completing any submission to IPART and prior to completing the IPR process to further assess the capacity to pay for the different segments of our community.

Economic

There are unlikely to be significant economic impacts from the proposed special variation.? Whilst they will mean additional costs for business, the relativity of those costs with other local government areas is also important.

Risk

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report concerns a proposed special variation which would impact on Council?s 2012/2013 budget.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director Environment & Planning's Report

ITEM 10.1??? SF1589??????????? 011211???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18 November 2011

AUTHOR/ENQUIRIES:???? Teresa Boorer, Administrative Support Officer ????????

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) (one application is in excess of 12 months old).

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 (in excess of 12 months old) 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: DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2010/221

03/09/2010

Additions to existing pre-school

Part Lot 8 DP 821952, Valla Beach Road, Valla Beach

This application was placed on hold pending further discussions regarding a Bushfire Hazard easement over the adjoining land. Whilst the applicants were requested to withdraw the application, they requested that the matter remain live as external funding is tied to this proposal and progress has been made with the adjoining landowners regarding the easement with a finalisation considered imminent.

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
2011/011	01/02/2011	13 Lot Large Lot Residential Subdivision plus new road	Lot 1, DP 1087301, Wirrimbi Road, Newee Creek	DA approved with conditions ? to go out week commencing 21/11/2011
2011/103	24/06/2011	Bed & Breakfast Accommodation	Lot 873 DP 601418, 95 Helliwells Road, Missabotti	? Horticulture business operated with use of machinery and bird scaring devices ? potential noise impacts to B&B Site inspection to take place 2/8/11. Requires a BASIX Certificate Soil Assessment report unsatisfactory. 30 day letter issued to applicant to provide new soil assessment report or withdraw application. Applicant withdrawing component of proposal.
2011/139	23/08/11	Crematorium, Chapel and Associated Facilities	Lot 51 DP 613620, Foxs Road, Nambucca Heads	? Crematorium will create ?black spot? on highway as turning lane into Foxs Road won?t be long enough for funeral traffic and traffic coming out of Foxs Road will find it difficult to judge gap in traffic. This issue was also raised when the land was rezoned under the previous LEP via Amendment 57, gazetted on 8 December 2006. The DA has been referred to the RTA for their comments, as it was with the LEP Amendment. The RTA advised, at that time, that safety and efficiency matters can be addressed at the development application stage, provided they are included as specific conditions in any future development consent. No response has been received as yet from the RTA. No response from applicant (7/11/11) re high likelihood of Aboriginal artefacts being found, as per advice from Nambucca Heads LALC. Awaiting RTA and Engineer?s comments
2011/165	4/10/11	Rural Dwelling-House	Lot 2 DP 1130291, Taylors Arm Road, Upper Taylors Arm	? Concerns with the position of the road Requires a modification as outside approved dwelling envelope.
2011/167	19/10/2011	New Dwelling	Lot 3 DP 864681, 21 Eggleton Street, Hyland Park	? Concerns with driveway position in regard to headlights at night ? suggestion re fencing Currently being assessed
2010/114/02	2/11/2011	Home Industry ? alter hours of operation	Lot 1522, DP 593173, 536 Welsh?s Creek Road, Yarranbella	? Submission in support of proposed alteration to operating hours ? good for the fledgling business Currently being assessed

Attachments:

There are no attachments for this report. ?

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director Environment & Planning's Report

ITEM 10.2??? SF1589??????????? 011211???????? DA's and CDC's Received and Determined under Delegated Authority to 18 November 2011

AUTHOR/ENQUIRIES:???? Teresa Boorer, Administrative Support Officer ????????

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 RECEIVED TO 18 NOVEMBER 2011

DA Number	Application Date	Applicant/Owner	Development	Address	Estimated Value
2011/178	08/11/2011	Busways North Coast Pty Limited/North Coast Transit	Removal of underground fuel tanks and installation of 30,000l above ground fuel tank	Lot 10 DP 1125923, 2 Partridge Street, Macksville	15,000
2011/179	08/11/2011	Peter John Neaves Constructions/R & S Rubagotti	continued use of habitable area	Lot 12 Section 34 DP 758749, 24 Pilot Street, Nambucca Heads	4,950
2011/180	11/11/2011	Annette McCarthy/Mr G & Mrs A McCarthy	Dwelling	Lot 33 DP 1090479, 803a Congarinni Road North, Congarinni North	230,000
2011/181	11/11/2011	Cavalier Homes North Coast/Mr G L Donato & Ms R M Domingos	Attached Dual Occupancy and Subdivision	Lot 32 DP 1044587, 100 Ocean View Drive, Valla Beach	341,245
2011/182	14/11/2011	Mick Brooks Building Designs/Mr M & Mrs K Petersen	Alterations & Additions to unit	Lot 2 SP 36372, 2/40 Waratah Street, Scotts Head	200,000
2011/183	14/11/2011	Mick Brooks Building Designs/Mr T & Mrs B Burrill	Alterations & Additions to unit	Lot 3 SP 36372, 2/40 Waratah Street, Scotts Head	200,000
2011/184	14/11/2011	Mick Brooks Building Designs/Mr J & Mrs S Stewart	Alterations & Additions to unit	Lot 4 SP 36372, 2/40 Waratah Street, Scotts Head	200,000
2011/185	17/11/2011	RDM/Department of Education	Subdivision	Lot 3 DP 1022651, Centenary Parade, Nambucca Heads	0

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED TO 18 NOVEMBER 2011

Nil

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 18 NOVEMBER 2011

CONSENT/ DA	PROPERTY DESCRIPTION	DEVELOPMENT DETERMINED	EST VALUE $
2011/079/01	Lot 3 DP 1138902, 18 Jellico Street, Macksville	Attached Dual Occupancy and Subdivision Modification	318,000
2010/102/01	Lot 31 DP 595615, Lot 12 DP 1013974 & Lot 93 DP 755550, 873 Rodeo Drive, Tewinga	Boundary Adjustment ? Rural Modification	0
2011/166	Lot 56 DP 239693, 10 Hibiscus Way, Scotts Head	Patio Cover	10,460
2011/174	Lot 3 DP 1085118, 6 Johnston Close, Macksville	Storage Shed	11,500
2011/162	Lot 207 DP 755537, 105 Wilson Road, Congarinni North	Additions	150,000
2011/177	Lot 4 DP 1014123, 51 Kerr Drive , Macksville	Pergola & Carport	7,700
2011/159	Lot 4 DP 243551, 4 Piggott Street, Nambucca Heads	Dwelling	258,928
2011/122	Lot 2 DP 613260 & Lot 1 DP 213434, 532 Rodeo Drive, Wirrimbi	Rural Subdivision and Boundary Adjustment to Create Eighteen (18) Large Lot Residential Lots in Three (3) Stages	1,300,000
2009/121/01	Lot 2 DP 1082070, Parkins Close, Warrell Creek	Dwelling & Shed Modification
2011/163	Lot 1941 DP 829142, 200 North Arm Road, Bowraville	Shed	55,000
2011/158	Lot 13 DP 560281, 6 Cooper Street, Macksville	Outdoor dining area comprising one (1) table and two (2) chairs and one (1) A-frame sign on the footpath	0
2011/126	Lot 3 DP 1064161, 46 Clayholes Road, Way Way	Rural Dwelling	235,000
2011/133	Lot 19 DP 1076134, 45 Max Graham Drive, Valla Beach	Dwelling House	196,532
2011/104	Lot 1 DP 842652, 1 Faringdon Close, Nambucca Heads	Dwelling House Modification	140,000
2011/136	Lot 1074 DP 800519, 937 Scotts Head Road, Scotts Head	2 Lot Large Lot Residential Subdivision	15,000

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Environment and Planning

ITEM 10.3??? SF1496??????????? 011211???????? Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 12 August 2011

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, 18 November 2011.

There are 3 recommendations from the Committee which require an action of Council.

1??????? Rivers and Road Gauge Post/Markers

????????? That Council install River Gauge Posts at Wilson Bridge, Tilly Willy Bridge, Gumma Bridge and Highway Bridge over Warrell Creek.

2??????? Building Domestic Waterfront Structures Process

1??????? That the report on building domestic waterfront structures process be noted.

2??????? That Council produce a fact sheet to present to customers who want to go through this process.

3??????? That Council also offer the Department of Land and Property Management Authority Domestic Waterfront Facility Policy 2009 to customers who want to build.

3??????? Preparation of the Nambucca Coastal Zone Management Plan

1????????? That the presentation provided by Umwelt Environmental regarding the Draft Nambucca Coastal Zone Management Plan be received and the presenters thanked for their explanation.

2????????? That the Committee recommend that Council proceed to place the Draft Nambucca Coastal Zone Management Plan on exhibition for a minimum period of 30 days.

3????????? That three community information sessions be held during the exhibition period, 1 in Scotts Head, 1 in Nambucca Heads and 1 in Valla Beach.

4????????? That at the conclusion of the exhibition period a further report with recommendations arising from the submissions be prepared and presented to the Nambucca River, Creeks, Estuaries & Coastline Management Committee for consideration.

Recommendation:

1??????? That Council install River Gauge Posts at Wilson Bridge, Tilly Willy Bridge, Gumma Bridge and Highway Bridge over Warrell Creek.

2??????? That the report on building domestic waterfront structures process be noted.

3??????? That Council produce a fact sheet to present to customers who want to go through this process.

4??????? That Council also offer the Land and Property Management Authority Domestic Waterfront Facility Policy 2009 to customers who want to build.

5??????? That the presentation provided by Umwelt Environmental regarding the Draft Nambucca Coastal Zone Management Plan be received and the presenters thanked for their explanation.

6??????? That the Committee recommend that Council proceed to place the Draft Nambucca Coastal Zone Management Plan on exhibition for a minimum period of 30 days.

7??????? That three community information sessions be held during the exhibition period, 1 in Scotts Head, 1 in Nambucca Heads and 1 in Valla Beach.

8??????? That at the conclusion of the exhibition period a further report with recommendations arising from the submissions be prepared and presented to the Nambucca River, Creeks, Estuaries & Coastline Management Committee for consideration.

9??????? That the remaining Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 18 November 2011 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, 18 November 2011. Each of the matters was presented through detailed reports.

The Nambucca Coastal Zone Management Plan has been prepared by Umwelt Australia in conjunction with SMEC Australia and follows on from the Coastal Hazard Study that Council adopted in ??/??/2010. Pam Dean-Jones gave a presentation to the Nambucca River, Creeks Estuary and Coastline Management Committee meeting on Friday, 18 November 2011.

The Committee resolved to recommend to Council as follows:

Whilst there are some minor typographical corrections to be undertaken, the draft document as previously circulated to Councillors is recommended to be placed on public exhibition prior to Christmas through to Friday, 17 February 2012.? This will allow those absentee landowners who visit the Nambucca Valley over January to view the Plan and make comment.

Councillors are requested to bring their hard copy of draft Plan to the meeting should any discussion or clarification be required.

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

There were no recommendations which would impact on any budgets.

Source of fund and any variance to working funds

No variation required.

Attachments:

1 View

31907/2011 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee - 18 November 2011

Ordinary Council Meeting - 1 December 2011

Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 12 August 2011

PRESENT

Janet Court (Chairperson)	Peter McNally (Nambucca Valley River Users Group)
James Hallam (NSW Farmers)	Fay Lawson (Flood Affected Landowner)
Theresa Spens-Black (Oyster Farmers)	Joy van Son (Environmental Group)

ALSO PRESENT

Greg Meyers (Director Environment & Planning)	Lorraine Hemsworth (Minute Secretary)
John Schmidt (DECC)	Peter Shales (SES)
Cr Elaine South	Anna Sadlak
Cr Anne Smyth (Gallery)	Stephen Channells (Department of Lands)
Cr Paula Flack (Gallery)	Pam Dean-Jones ? Umwelt Australia

APOLOGIES

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth (Deputy Mayor)
Cr Michael Moran OAM	Cr Martin Ballangarry
Cr Brian Finlayson	Michael Coulter (General Manager)
Jacqui Ashby (Environmental Compliance Officer)	Rod McDonagh (NSW Waterways Authority)
Kevin Gibson (Department Environment & Climate Change)	Louise Robinson (Nambucca Heads Local Aboriginal Land Council)
Tim Ryan (Landcare)

DISCLOSURE OF INTEREST

There were no Disclosures of Interest declared.

CONFIRMATION OF MINUTES

Resolved: (Spens-Black/McNally)

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held 12 August 2011, by Council at its meeting of 1 September 2011.

ASKING OF QUESTIONS WITH NOTICE

There were no Asking of Questions with Notice received.

Director Environment and Planning Report

ITEM 5.1????? SF1496????????????? 181111????? Report on Outstanding Items 18 November 2011

RESOLVED: ???????? (Spens-Black/van Son)

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

ITEM 5.2????? SF1496????????????? 181111????? Rivers and Road Gauge Post/Markers

RESOLVED: (van Son/Lawson)

That Council install River Gauge Posts at Wilson Bridge, Tilly Willy Bridge, Gumma Bridge and Highway Bridge over Warrell Creek.

ITEM 5.3????? SF1496????????????? 181111????? Status of actions from SoE, Lower Nambucca River Estuary Water Quality Study, and Newee Creek Water Quality Reports 1 & 2

RESOLVED: (McNally/van Son)

That the current status of the Actions adopted out of the SoE, Lower Nambucca Water Quality Report and the Newee Creek Water Quality reports be noted.

ITEM 5.4????? SF1496????????????? 181111????? Building Domestic Waterfront Structures Process

Resolved: (McNally/Hallam)

1??????? That the report on building domestic waterfront structures process be noted.

2??????? That Council produce a fact sheet to present to customers who want to go through this process.

3??????? That Council also offer the Department of Land and Property Management Authority Domestic Waterfront Facility Policy 2009 to customers who want to build.

ITEM 5.5????? SF1184????????????? 181111????? Preparation of the Nambucca Coastal Zone Management Plan

Resolved: (van Son/McNally)

1????????? That the presentation provided by Umwelt Environmental regarding the Draft Nambucca Coastal Zone Management Plan be received and the presenters thanked for their explanation.

2????????? That the Committee recommend that Council proceed to place the Draft Nambucca Coastal Zone Management Plan on exhibition for a minimum period of 30 days.

3????????? That three community information sessions be held during the exhibition period, 1 in Scotts Head, 1 in Nambucca Heads and 1 in Valla Beach.

ITEM 5.6????? SF1496????????????? 181111????? Reports from Committee Members and Attendees as required

resolved: (McNally/Spens-Black)

That the verbal reports as given, be noted.

MEMBER	ORGANISATION	CONTENT OF REPORTS	ACTION/RESPONSE
Joy van Son	Nambucca Valley Conservation Association	Thank Greg Meyers & Jacqui Ashley for presenting tables actions	Noted
Jim Hallam	NSW Farmers	Anything that the Committee wish for him to take to the NSW Farmers Board please ask	Staff will take up this offer if and when information is to be distributed
Faye Lawson	Affected Landowner Residential	What is on agenda with environmental levy funds for riverbank after the completion of River Street	??? Bellvue Drive ??? Bellwood ??? Rodeo Drive between Macksville town limits and rail overbridge
John Schmidt	Department Environment and Climate Change	2^nd round of funding under coastal program ? try to access funding for failed beach access	Council?s Grants Officer and Strategic Planner are working on a funding application for lodgement early December 2011

NEXT MEETING DATE

Advice will be forwarded and date will coincide with conclusion of Draft Nambucca Coast Zone Management Plan coming off exhibition.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 10.35 am.?

Cr Janet Court

CHAIRPERSON

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director of Engineering Services Report

ITEM 11.1??? SF916????????????? 011211???????? Tender for the Supply of Ready Mixed Concrete

AUTHOR/ENQUIRIES:???? Noel Chapman, Manager Civil Works ????????

Summary:

The General Manager approved to proceed to tender under delegation authority on 6 October 2011.

Two tender submissions were received from the following which are listed in assessed apparent order:

????????? Boral, HyTec.

The tender is for a two year period with a one year option.

Recommendation:

1??????? That Council reject all tenders submitted for the supply of ready mixed concrete as insufficient conforming tenders were received to create a panel of suppliers.

2??????? That Council engage Regional Procurement to recall tenders for the supply of ready mixed concrete.

3??????? That the tender be listed on Council?s Tenderlink site and advertised in the Nambucca Guardian News and Sydney Morning Herald..

4??????? That the current contract with Boral be extended to 31 March 2012.

OPTIONS:

1??????? Accept the recommendation

2??????? Accept the one conforming tender submitted.

Note:? If Council wishes to discuss the tenders it will be necessary to move into Closed Meeting.

DISCUSSION:

Tenders for the supply of ready mixed concrete were invited through a group tender process facilitated by Regional Procurement.

Two tenders were received for the supply of ready mixed concrete to Nambucca Shire Council.? Of these tenders one was deemed ?non Conforming? due to being late and incomplete.

The tender was advertised as a panel tender which allows more than one supplier to be contracted for the services.? As there is only one conforming tender this would severely restrict Council?s options if the one approved supplier was unable to supply concrete at the required time.?

Subsequent to the closing of tenders a local supplier wrote to Council expressing interest in supplying ready mixed concrete.? This company is registered with the Nambucca Shire Council Tenderlink system but had not received not received notification of the recent tender.? Regional Procurement lists all tenders on Tenderlink and in the Sydney Morning Herald and Newcastle Herald newspapers.? Investigation has now shown that Tenderlink is site specific and future tenders run by Regional Procurement will need to be listed on both sites and in the local paper.? Other councils in the MIDGOC Group were also unaware of this problem.

In view of the above factors Council could reject all tenders and engage Regional Procurement to recall tenders.? Kempsey Council is also recalling tenders.

As the tender is for the supply of a wide range of concrete quality and quantity the prices submitted by Boral (only conforming tender) are provided in a confidential circularised document.

CONSULTATION:

Director Engineering Services.

SUSTAINABILITY ASSESSMENT:

Environment

There is no impact on the Environment.

Social

There is no social impact.

Economic

There is no economic impact.

Risk

There is no risk to Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no direct or indirect impact on current and future budgets.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

1 View

?- Confidential Circularised Document

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director of Engineering Services Report

ITEM 11.2??? RF492????????????? 011211???????? Status of Deer Hill Road, Bucrabendinni

AUTHOR/ENQUIRIES:???? Phillip Smith, Surveyor ????????

Summary:

Council at its Ordinary Meeting on Thursday 3 November 2011 resolved the following:

That Council immediately contact Department of Lands stating that Council will take over Deer Hill Road with maintenance cost of the road being kept at a reasonable level.

Recommendation:

1??????? That Council advise Mr Rozenboom that council resolved to take over control and maintenance of Deer Hill Road and request that he withdraw his application to close the road through h is property.

2??????? That Council acquire that part of the road formation (within Lot 3 DP 821906) which gives access onto Lower Buckra Bendinni road for dedication as Public Road, and pay all the costs associated with the acquisition and dedication.

3??????? That Council designate Deer Hill Road as a ?Category 4 road? within its road hierarchy and that the extent of maintenance be approximately 1100 metres from Upper Buckra Bendinni road, being up to Mrs McDonald?s driveway.

4??????? That the property owners benefited by access to Deer Hill Road be advised that once the road is gazetted as a public road it will be? categorised as a Class 4 road within Council?s road hierarchy and future maintenance will be limited to a maintenance grade of the existing natural pavement only and shall exclude any gravelling of the pavement.

OPTIONS:

1??????? Council could construct a road over the section of unformed Crown Road negating the need to acquire part of Mr Rozenboom?s land.? But the cost of construction would be prohibitive and the intersection with Lower Buckra Bendinni Road would be on a hairpin bend.

2??????? If the road closure proceeds, Council could acquire a right of carriageway over Mr Rozenboom?s property to ensure that it (and the general public) has legal access to the remainder of Deer Hill Road.

3??????? Council could rescind its resolution to take control of the road, putting the responsibility for management back to Crown Lands.? Although, it is noted that the Crown (under the Roads Act 1993) can transfer authority back to Council, in any case, without Council?s approval.

DISCUSSION:

The Crown road Reserve where is intersects with Lower Buckra Bendinni road is unformed.? It is neither practicable nor cost effective to construct a pavement over the unformed Crown road.? Access to Deer Hill Road is via a private right of carriageway over land owned by PC Rozenboom (Sureshore Properties Pty Ltd) as shown on Plan A attached.

Mr Rozenboom has appliced to the Crown Lands Office to close the section of Crown road within his property as shown on Plan B attached.? The Crown Lands Office agreed to the closure on condition that a suitable right of carriageway benefiting the affected owners was created.? Mrs McDonald and others have objected to the onerous conditions placed on the proposed right of carriageway.

The Department of Lands was contacted by Council officers to ascertain where the road closure application was up to.? The Crown Lands officer advised that unless an agreement can be reached between all parties, regarding the terms of the right of carriageway, the Crown is unlikely to approve the closure of the road.

The original terms and conditions drafted for the creation of the right of carriageway contained conditions unacceptable to the affected owners including Mrs McDonald.? Council officers have been advised that Mr Rozenboom?s solicitor has redrafted the terms of the right of carriageway in an attempt to resolve the impasse.

The proposed new terms relating to maintenance of the right of carriageway (attachment C) place the responsibility for maintenance on the burdened lot (Rozenboom).? They remove the burden of payment of maintenance costs from the benefited lots (apart from the cost of damage which is considered to be over and above normal maintenance).? The document tabled by Mrs McDonald at Council?s meeting on 3 November 2011 showed all the costs being shared by the benefited lots.

There are 4 lots benefited by the right of carriageway; 1/816887 (McDonald, Lamb, Eyles); 1/1120931 (Cameron); 22/835589 (Busch); 3/1134139 (Rozenboom).? At present there are only two dwellings (Rozenboom and McDonald) that use Deer Hill Road for residential access.

For Council officers to enact the Council resolution to take control and maintenance of Deer Hill Road (currently providing access to two dwellings) consideration should be given to taking ownership of the private right of carriageway at the intersection of Lower Buckra Bendinni road as it is untenable that Council will have a Public Road that can only be accessed by private right of carriageway.? This would require further negotiation and potential purchase of land from the property owner (Rozenboom ? Sureshore Properties Pty Ltd) as shown on the attached Plan B.

The length of the Crown Road excluding the private right of carriageway (Rozenboom ? Sureshore Properties Pty Ltd) is 950 metres (1100 metres including right of carriageway).? The road pavement is single land gravel suitable for 2 wheel drive vehicles.

CONSULTATION:

Ms S Houlahan (Supervisor Business Centre, Crown Lands Grafton)

Director Engineering Services

SUSTAINABILITY ASSESSMENT:

Environment

There are no perceivable environmental impacts.

Social

It is conceivable that failure to act by Council could cause economic and social hardship for the affected parties.

Economic

See above.

Risk

There are liability considerations if Deer Hill Road is accessed via a private right of carriageway.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Acquisition costs including plan registration, gazettal, legal and compensation (if any) are estimated to be $5000.

Ongoing maintenance costs are estimated at $500-$1000 per annum which will impact on future budgets if the current resolution remains (this is for a maintenance grade of the natural pavement only and excludes any gravelling of the pavement).

Source of fund and any variance to working funds

Additional working funds will be required for ongoing maintenance.

Attachments:

1 View	32396/2011 - Attachment A (Trim 32396/2011)
2 View	32397/2011 - Attachment B (Trim 32397/2011)
3 View	31816/2011 - Draft terms of right of carriageway (Trim 31816/2011)
4 View	31055/2011 - Documents tabled by Mrs McDonald at 3/11/2011 Council Meeting (Trim 31055/2011)
5 View	32386/2011 - Photos of Deer Hill Road (Trim 32386/2011)

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director of Engineering Services Report

ITEM 11.3??? SF84??????????????? 011211???????? NSW Rural Fire Service - 2011/2012 Budget

AUTHOR/ENQUIRIES:???? Paul Gallagher, Director Engineering Services ????????

Summary:

Council have received the 2011/12 NSW Rural Fire Service budget attachment A which contains an increase of $50,000.00 on the? 2010/11 budget or 38.4% increase ($132k to $172k)? This reports provides Council with the itemised expenditure and outlines what Council is being charged for within an item described as ?other support? attachment B.

Recommendation:

1??????? That Council write to the Minister for Police and Emergency Services requesting a detailed itemised budget for the following:

?????????????????? a) The line item within the RFS budget titled ?Other support? for the amount of ??????? ?????????????????? ????$1,125,542.00 contained in the budget for the Nambucca Shire Council

?????????????????? b) The line item within the RFS budget titled ?Insurances? for the amount of $73,815.00 ?????????????????? ????contained in the budget for the Nambucca Shire Council.

2??????? That Council write to the Minister for Police and Emergency Services seeking an explanation as to why the RFS budgets are not provided to Council ?by the Commissioner by no later than the 28th February of each year in accordance with the Service Level Agreement (SLA) so that Council can prepare its annual budget knowing a true and accurate account of the RFS contribution

3??????? That Council receive the 2011/12 RFS Budget.

OPTIONS:

1??????? Receive and note the report

2??????? Provide additional recommendations

DISCUSSION:

Council would recall the recent reports on the significant increases imposed on Council for the RFS contribution and the presentation from the RFS Area Acting Manager for the Lower North Coast Zone at the April 2011 GPC meeting in which a draft budget was presented for Council consideration. The draft budget allowed for an increase of 4.14% for the 2011/12 financial year (attachment C).

Funding estimates are usually completed between September - November every year for the forthcoming financial year. According to the Service Level Agreement (SLA) the Commissioner is supposed to advise Council of the allocation no later than the 28th February of each year so that Councils can have the RFS expenditure budgeted in the management plan and annual budget.

The 2010/2011 allocations were provided to Council by the RFS in late December 2010 with a significant increase and Council has only received the 2011/12 budget on 10 November 2011 with another significant increase yet again

The transfer of the responsibility for payment of the insurance for the RFS red fleet resulted in a reduction of Councils fleet insurance premium of $19631.37 (incl.GST) however there is a significant amount within the Insurance line item of the RFS budget of $73,815.00 without a detailed explanation as well as anther line item tilted ?Other support? for the amount of $1,125,542.00.

CONSULTATION:

General Manager

Manager Finance

Rural Fire Service.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

The economic implications associated with the ability to fund RFS contribution increases off-set against the reduction of Council services to Nambucca Valley communities to compensate for the increase

Risk

According to the RFS, a large proportion of the increase is in response to risks identified in the Victorian Bush Fires Royal Commission and requirement to meet statutory OH and Safety for the volunteers.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The 2011/12 budget incorporated the RFS contribution based on advice of the RFS Area Acting Manager for the Lower North Coast Zone at the April GPC meeting originally set at $235,282.51, however Council staff anticipated a continuation of the unwarranted increase in contributions and allocated $184,000.00 in the 2011/12 budget

Source of fund and any variance to working funds

There is no variation to working funds required this financial year as the increase was anticipated based on previous budget increases.

Attachments:

1 View	33161/2011 - Attachment A (Trim 33161/2011)
2 View	33136/2011 - Attachment B (Trim 33136/2011)
3 View	33159/2011 - Attachment C (Trim 33159/2011)

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director of Engineering Services Report

ITEM 11.4??? SF84??????????????? 011211???????? NSW Rural Fire Service Information Forum

AUTHOR/ENQUIRIES:???? Paul Gallagher, Director Engineering Services ????????

Summary:

The Deputy Mayor and the writer attended a NSW Rural Fire Service information forum at Coffs Harbour on Friday 11 November 2011.? The forum is a result of the Local Government Shires Association (LGSA) and NSW Rural Fire Service (NSW RFS) Liaison Committee.? The NSW Rural Fire Service Commissioner, Shane Fitzsimmons, addressed the forum and outlined the 2011/12 State Program following the handing down of the State Budget.

Recommendation:

1??????? That Council write to the Premier seeking an end to the shambolic financing arrangements for emergency services and seek the introduction of a property based tax so as to provide for transparency and accountability of the Rural Fire Service other emergency services

2??????? That Council write to the Minister for Police and Emergency Services seeking the justification for a 38.4% increase to the 2011/12 RFS contribution for Nambucca Shire Council and seek the introduction of a property based tax so as to provide for transparency and accountability of the Rural Fire Service other emergency services

3??????? That Council writes to the Local Government Shires Association (LGSA) requesting the LGSA to lobby for an independent review of the RFS financial management practices by the Internal Audit Bureau and seek a detailed explanation as to the substantial increases to the RFS contribution when Local Government remain rate pegged.

4??????? That Council writes to the Local Government Shires Association (LGSA) requesting the LGSA to lobby for the introduction of a property based tax so as to provide for transparency and accountability of the Rural Fire Service and other emergency services

OPTIONS:

1??????? Receive and note the report.

2??????? Make further recommendations towards lobbying for transparency and accountability of the Rural Fire Service other emergency services.

DISCUSSION:

The forum is a result of the Local Government Shires Association (LGSA) and NSW Rural Fire Service (NSW RFS) Liaison Committee.? The NSW Rural Fire Service Commissioner, Shane Fitzsimmons, addressed the forum and outlined the 2011/12 state program encompassing the following agenda items:

??????????? Hazard reduction

??????????? 2011/12 funding

??????????? Pre- season briefing

??????????? Red Fleet Insurance

??????????? District realignment

??????????? RFS Service Agreements

??????????? Customer Service Centres

??????????? State Mitigation Support Services.

The forum was developed to cover the current and emerging issues of mutual interest between the RFS and Local Government.? The primary interest from Councils that were in attendance was the continued increase of the RFS contribution beyond the rate pegging limit.? Tweed and Nambucca Shire Councils sought an explanation as to the increase with the 2011/12 allocations:

??????????? Tweed Shire Council increase of $61,000.00 or 43.8% ($139k to $200k)

??????????? Nambucca Shire Council increase of $50,000.00 or 38.4% ($132k to $172k).

The RFS budget was provided to Council the night before the meeting after the Rural Fire Service (RFS) recognised a funding calculations error in the allocation formula resulting in an over allocation of costs to councils in the west of the state and under allocation in the east.? The total sum of miscalculated funds was in excess of $1 million.

2011/12 State budget for the RFS

Commissioner Shane Fitzsimmons provided an overview of the State Budget as follows:

The total RFS State Budget is $271.7 million an increase of 5.7% on the 2010/11 budget ($14.6 million increase) the key areas include:

??????????? $2 million?Expansion of new PPE clothing for volunteers (replacement of new PPE for

????????? OH&S fire fighting clothing to be replaced over the next 2 years

??????????? $26.1 million?Replacement of 157 appliances

??????????? $2.21 million?Communication and catering vehicles

??????????? $3.5 million?New stations and control centres

??????????? $16.5 million?Additional radio infrastructure

??????????? $3.6 million?Red Fleet insurance

??????????? $11.9 million?Government Radio Network (GRN)

??????????? $12.5 million?Defibrillators

??????????? $7.3 million?Safer neighborhood places

??????????? $2.2 million?Prepare Act Survive program.

(There are other programs associated with the Budget that were not listed that make up the full budget.)

The increase to Council?s contributions is attributed to program charges encompassing the provision of new PPE, upgrade to the radio network, inclusion of the Red Fleet the State Mitigation Support Services and aerial support for fire fighting.

Commissioner Fitzsimmons advised the forum that the RFS had made a 25% reduction on expenditure across various activities which included:

??????????? Reduction in travel, consultants and advertising

??????????? Reduction of motor vehicles in their ?white fleet? in head and regional offices

??????????? Reductions in salaries through management positions

??????????? Review of procurement and contracts.

Other issues with funding included a $30 million carry over of unspent funding comprising:

??????????? $4 million?Works completed but not claimed

??????????? $17 million?Works in progress, tenders have been awarded or DA completed

??????????? $9 million?Uncommitted funds ? seed funding for investigation, or funding for projects that

????????? require additional funding to complete a full project.

Red Fleet Insurance

Council may recall that in 2010 the Local Government Shires Association (LGSA) and NSW Rural Fire Service (NSW RFS) Liaison Committee agreed to see the transfer of the insurance of all the RFS Red Fleet (ie Tankers) from Council to the Rural Fire Service Insurance program.? The Commissioner advised that there are 6366 items insured with the total cost of the new premium worth $3.6 million dollars and commenced on 1 July 2011.

Council?s cost of previously insuring the red fleet for the RFS fleet within the Nambucca Shire Council was $19631.37 (incl GST) and presumably the net cost to Council is now 11.7% of the premium value.

RFS Service Level Agreements

The Commissioner advised that 31 Service Level Agreements between the Minister and councils have been renewed across the State and those agreements that have expired would be extended for a further twelve month period.? The Nambucca and Kempsey SLA were renewed on 1 July 2010 and do not have a review date.

CONSULTATION:

NSW Rural Fire Service

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

Risk

According to the RFS a large proportion of the increase is in response to risks identified in the Victorian Bush Fires Royal Commission and requirement to meet statutory OH&S for the volunteers.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The 2011/12 Budget incorporated the RFS contribution based on advice of the RFS Area Acting Manager for the Lower North Coast Zone at the April GPC meeting originally set at $235,282.51, however, Council staff anticipated a continuation of the unwarranted increase in contributions and allocated $184,000.00 in the 2011/12 budget.

Source of fund and any variance to working funds

There is no variation to working funds required this financial year as the increase was anticipated based on previous budget increases.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????????? 1 December 2011

Director of Engineering Services Report

ITEM 11.5??? SF1031??????????? 011211???????? Review of Draft Noxious Weeds and Invasive Plants Policy and deletion of Class 4 Noxious Weed Plan of Management

AUTHOR/ENQUIRIES:???? Paul Gallagher, Director Engineering Services ????????

Summary:

At the Ordinary Council meeting held on Thursday 15 September 2011, Council resolved :

?1?? That Council place the Draft Noxious Weeds and Invasive Plants Policy (TRIM 12179/2011) on public exhibition for a period of 28 days for public comment.

?4?? That Council adopt the amended Class 4 Noxious Weed Plan of Management for a further 2 year period, pending changes to the Class 4 Weed legislation by the NSW Department of Primary Industries (TRIM 25062/2011).

?6?? That the Plan of Management refer to the same list of Class 4 weeds as the Policy.?

Before this resolution could be acted upon, the NSW Noxious Weeds Advisory Committee in conjunction with the NSW Department Primary Industries completed a review of the Class 4 Weeds Declaration which negated the need for Council to have a local Class 4 Noxious Weeds Plan of Management.?

In accordance with Council direction for review of policies, the amended draft Noxious Weeds and Invasive Plants Policy (TRIM 12179/2011) and the Class 4 Noxious Weeds Plan of Management, to be deleted, were provided to Councillors for further comment.

Recommendation:

1??????? That the Council place the Draft Noxious Weeds and Invasive Plants Policy (TRIM 12179/2011) on public exhibition for a period of 28 days for public comment.

2??????? That the Plan of Management for the Class 4 weeds be deleted.

OPTIONS:

Adopt the amended policy and place on public exhibition and delete the Class 4 Noxious Weeds Plan of Management.

DISCUSSION:

Before Council?s resolution from the Ordinary Council meeting held on Thursday 15 September 2011 could be acted upon, the NSW Noxious Weeds Advisory Committee in conjunction with the NSW Department Primary Industries completed a review of the Class 4 Weeds Declaration.? The review negated the need for Council to have a local Class 4 Noxious Weeds Plan of Management.? Class 4 weeds now have 3 different levels of control being:

1????????? The growth of the plant must be managed in a manner that reduces its numbers spread and incidence and continuously inhibits its reproduction

2??????? The plant must not be sold propagated or knowingly distributed

3????????? The growth of the plant must be managed in a manner that reduces its numbers spread and incidence and continuously inhibits its reproduction and the plant must not be sold propagated or knowingly distributed.

In accordance with Council direction, the amended draft policy on and the Class 4 Noxious Weeds Plan of Management were provided to Councillors for further comment.? Only one comment was received and is listed below:

Comments in regard to the Draft Noxious Weeds and Invastive Plants Policy from Cr Court

Ident No	Proposed changes/Comments/Questions	Staff Response
Page 12	In third para down, insert ?and destroyed? after ?continuously suppress?.	Document amended

The Draft Noxious Weeds and Invasive Plants Policy (TRIM 12179/2011) has been amended accordingly.

CONSULTATION:

Councillors

Manager Civil Works

NSW Noxious Weeds Advisory Committee

NSW Department Primary Industries

SUSTAINABILITY ASSESSMENT:

Environment

Invasive plants, including declared Noxious Weeds, threaten biodiversity, agricultural production and some have health implications for humans and animals alike.

Social

Invasive plants can have direct health implications and can also affect the aesthetic value of an area.

Economic

Adoption of the draft policy will have a positive economic benefit to the wider community through reducing the threat by invasive plant species in areas of high conservation value and retain the high number of tourists that frequent our area for its unique biodiversity.

Risk

The draft policy will ensure that Council meets State and Local Government legislative requirements with regard to Noxious Weed Management within the Nambucca Shire Council Local Government Area.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no impact on the current or future budgets.

Source of fund and any variance to working funds

Not applicable.

Attachments:

1 View	?- Circularised document for Councillors showing track changes
2 View	?- Circularised document - Draft Policy (Trim 12179/2011)

For Action
Council	3/11/2011
TO: General Manager (Michael Coulter)

Subject:	Status of Pacific Highway Upgrade
Target Date:	17/11/2011
Notes:
Trim Reference	SF841 (30235/2011)

For Action
Council	18/08/2011
TO: General Manager (Michael Coulter)

Subject:	Bowraville - Bellingen Road
Target Date:	1/09/2011
Notes:
Trim Reference	RF275 (21780/2011)

1	19597/2011 - Summary of variations and decisions by IPART
2	19594/2011 - Richmond Valley Council's application for a special variation
3	19595/2011 - Great Lakes Council's application for a special variation
4	19592/2011 - Byron Shire Council's application for a special variation
5	19722/2011 - Conditions of roads in Nambucca

1	21800/2011 - Andrew Stoner MP -? Media Release
2	9247/2011 - RTA response on behalf of Former Minister for Roads
3	9290/2011 - Natural Disaster Funding Claim Bellingen - Bowraville Road

1 View	26269/2011 - Land swap proposal forwarded to the RTA
2 View	32335/2011 - Response to letter regarding land swap

Projects Completed as at 1 November 2011
Bowraville Tennis Court Carpark	$20,341	Revoted
E J Biffin Carpark	$46,882	Revoted
Hampton Court Bridge	$107,684	Revoted
Upper Warrell Creek Noise Barrier	$10,900	Revoted
Palmer Street, Rehabilitation	$127,200
Nelson Street, Rehabilitation	$149,000
Fred Brain Avenue, Rehabilitation	$98.300
Herborn Street, Rehabilitation	$26,600
Jellico Street, Rehabilitation	$160,000
Warrell Close, Rehabilitation	$41,600
South Pacific Drive, Rehabilitation	$69,700
Cockburn Street, Rehabilitation	$8,100	Revoted
Main Street, Eungai, Kerb & Gutter Construction and Pavement Rehabilitation	$109,195
Allgomera Road Rehabilitation	$100,800
Marshall Way Stormwater Drainage Construction	$44,686	Revoted