Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

28 November 2013

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 last Thursday of each month commencing at 5.30 pm AND a full day meeting commencing at 8.30 am on the Wednesday two weeks and one day before the Thursday meeting. 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 Council’s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 28 November 2013

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 - 13 November 2013.............................................................................. 6

5 NOTICES OF MOTION

5.1 Notice of Motion - Request for Leave of Absence - Cr Bob Morrison 5 to 12 December 2013 (SF1788)..................................................................................................................................... 15

5.2 Notice of Motion - Proposed Special Rate Variation 2014-2015 (Trim SF1842)................... 16

5.3 Notice Of Motion - Purchase Of Gumbaynggirr Wood Carvings (Trim SF884)..................... 18

5.4 Notice of Motion - Nambucca Valley Branch of the Naval and Mariners Association of Australia - Donation to Macksville Library (Trim SF1077)................................................................... 19

6 PUBLIC FORUM

Joan Rossington - Public forum on behalf of free rural rubbish pickups

Antimony Mining in Area

Maria Tesser - Public Forum on behalf of Secretary South Arm Hall

Ivan Noble - Public Forum on behalf of Water table at South Creek, Building entitlementsfor small blocks cut by publc road, waste disposal

Greg Blake - Public Forum - Unregulated feed lot on behalf of and factory farms in South Arm area

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.................................................................................... 20

9.2 Request to Reinstate the Nambuca Heads Rail Stop - Response from Transport for NSW.. 26

9.3 Exploration Activities of Any Sort in the Nambucca Valley................................................ 29

9.4 Juvenile Crime................................................................................................................ 37

9.5 Environmental Levy - Project Update............................................................................... 41

9.6 Outstanding DA's greater than 12 months, applications where submissions received not determined from 2-15 November 2013............................................................................................... 47

9.7 Request for Council support in relation to an invitation for the OEH to acquire land at 31 Tuna St Valla Beach............................................................................................................................ 51

9.8 Coffs Coast Waste Service - Response from Bellingen Council........................................ 55

10 Assistant General Manager Corporate Services Report

10.1 Schedule of Council Public Meetings............................................................................... 59

10.2 Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 23 October 2013................................................................................................................. 60

10.3 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 12 November 2013..................................................................................................................................... 66

10.4 Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 10 November 2013.............................................................................................................................. 73

10.5 Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 19 November 2012.......................................................................................................... 77

11 Assistant General Manager Engineering Services Report

11.1 Vehicular Access To Beaches Committee........................................................................ 84

11.2 Nambucca District Water Supply – Fee variation for project management of the construction phase of the project...................................................................................................................... 89

11.3 Nambucca District Water Supply Steering Committee Meeting - 6 November 2013............. 93

11.4 Nambucca District Water Supply – Landowner compensation for easements and acquistions required for Off River Storage ..................................................................................................... 95

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

12.1 Attachment to report in Open - Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

12.2 Valla Quarry - Compliance with Consent Conditions - Response to "Show Cause" Notice as to Why the Quarry Should Not be Fined for a Breach of Consent Conditions

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

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

NAMBUCCA SHIRE COUNCIL

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting:
Meeting Date:
Item/Report Number:
Item/Report Title:

I		declare the following interest:
(name)

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

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

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

For the reason that




Signed			Date

Council’s Email Address – council@nambucca.nsw.gov.au

Council’s Facsimile Number – (02) 6568 2201

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

Definitions

(Local Government Act and Code of Conduct)

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

(Local Government Act, 1993 section 442 and 443)

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

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

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

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

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

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

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

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

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 13 November 2013

The following document is the minutes of the Council meeting held on 13 November 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 November 2013 and therefore subject to change. Please refer to the minutes of 28 November 2013 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Kim MacDonald
Cr Paula Flack	Cr Anne Smyth
Cr Bob Morrison	Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)

APOLOGIES

Cr Brian Finlayson on approved leave.

PRAYER

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.4 Master planning for the Macksville District Hospital under the Local Government Act as Cr Flack is an employee of the Mid North Coast Local Health District at Macksville Hospital. Cr Flack left the meeting for this item.

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.19 Valla Quarry Inspection under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent in the Land and Environment Court for this quarry prior to becoming a Councillor. Cr Hoban left the meeting for this item and did not attend the site inspection.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.20 Boultons Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is on the Board of South Beach National Parks. Cr Ainsworth left the meeting for this item.

Councillor K MacDonald declared a pecuniary interest in Item 10.2 2013/2014 Loan Program and the related late Item in Closed Meeting under the Local Government Act as Cr MacDonald’s employer has the fuel contract for several of the dam contractors. Cr MacDonald left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 October 2013

1/13 RESOLVED: (South/MacDonald)

That the minutes of the Ordinary Council Meeting of 31 October 2013 be confirmed.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF1817 131113 Notice of Motion - - Request For Site Inspection DA 2013/129 Ocean View Drive Valla Beach (DA2013/129)

2/13 RESOLVED: (Hoban/Ballangarry)

That Council undertake a site inspection prior to determination of DA 2013/129 and the applicant and those residents who have made submissions be advised of the time and date of the inspection.

NOTICE OF MOTION - CR South – LATE

ITEM 5.2 SF1817 131113 Notice of Motion - Pacific Highway Traffic Through Macksville (SF1009)

3/13 RESOLVED: (South/MacDonald)

1 That as a matter of urgency and safety that Roads and Maritime Services be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at the Partridge/Cooper Street intersection or Boundary Street/Highway intersection.

2 That Roads and Maritime Services be requested to make the left lane at the Cooper Street (Highway) and Partridge Street lights southbound a left turning lane only.

PUBLIC FORUM

Resolved: (MacDonald/South)

That the following delegations be heard:

Ms Lesley Warren – Condition of Kesby's Road, Eungai

Ms Warren addressed Council making the following points:

· Asked if Kesby’s Road could be sealed

· The road is used by a lot of logging trucks

· Wildlife on road being hit

· There has been a lot of development in the area

· Has owned property for 25 years

· Would like some seal in front of her property

ASKING OF QUESTIONS WITH NOTICE

There were no Questions with Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no Questions for Closed Meeting where due Notice has been received.

General Manager Report

Council left the Council Chambers for a site inspection of Valla Quarry at 8.40am returned 11.00am

Mayor did not attend the meeting for this item and returned after the conclusion of the item at 11.02am

ITEM 9.19 SF1431 131113 Inspection of Valla Quarry

4/13 RESOLVED: (Morrison/MacDonald)

That Council note the inspection of the Valla quarry and the location of houses in relation to the quarry.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF1761 131113 Year End Financial Result & Statements – 30 June 2013

5/13 RESOLVED: (Flack/Morrison)

1 That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2013 be received.

2 That the list of revotes be approved and included as subvotes for 2013/14.

3 That Mr Geoff Allen representing Forsyths be thanked for his attendance and presentation.

4 That Council’s Finance staff be thanked for their excellent work in debt recovery.

General Manager Report

Cr Flack left the meeting for this item at 2.19pm and returned after the conclusion of the item at 2.50 pm

ITEM 9.4 SF988 131113 Master Planning for the Macksville District Hospital (MDH)

6/13 RESOLVED: (Ainsworth/MacDonald)

That Council note the information provided by representatives of the Mid North Coast Local Health District on the development of a Master Plan for the Macksville Hospital and thank the Governing Board and staff of the Mid North Coast Local Health District for their attendance at the Council meeting.

General Manager Report

ITEM 9.1 SF959 131113 Outstanding Actions and Reports

7/13 RESOLVED: (Morrison/Ainsworth)

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

ITEM 9.2 SF669 131113 The Planning Bill 2013

8/13 RESOLVED: (South/Ainsworth)

That the information concerning the Planning Bill 2013 be received.

ITEM 9.3 DA2012/011 131113 Provision of Link Road - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

9/13 RESOLVED: (Ainsworth/South)

That Mr Geoff Smyth be allowed to address Council.

Mr Smyth addressed Council making the following points:

The completion of the Link Road is in the best interests of most, noting the Aboriginal community do not agree
Council has resolved to proceed with the Link Road
Issue is who is going to pay for the Link Road
Clients have agreed to forward fund the Link Road
DA for the Link Road is the easiest and cheapest path

10/13 Resolved: (Ainsworth/Morrison)

That Council provide its consent as owner for the lodgement of a development application for the construction of the Link Road on Council’s land and in the event the application is approved, Council authorise the proponent and their contractors to submit for approval detailed design plans and then to enter upon the land to construct the road and ancillary works as required.

For the motion: Councillors Morrison, Ainsworth, MacDonald, South and Hoban (Total 5)

Against the motion: Councillors Flack, Ballangarry and Smyth (Total 3)

Note: Cr Flack and Cr Smyth advised that they did not support the resolution because of the environmental sensitivity, Aboriginal heritage issues, and community opposition and that no other alternatives have been considered for bush fire protection and evacuation.

Note: Cr Hoban, Cr Morrison and Cr Ainsworth advised that they supported the resolution to ensure that a development application occurred so there is advertising and a proper assessment of the proposed Link Road rather than allowing the applicant to undertake their own assessment without public consultation and a formal decision.

Item 9.4 was dealt with earlier in the Meeting.

ITEM 9.5 SF1822 131113 Minutes of the Access Committee meeting held 22 October 2013

11/13 RESOLVED: (MacDonald/South)

1 That a letter be sent to Nambucca Valley Care with a request that residents of Riverside Gardens be made aware of safety issues when leaving the facilities and crossing roads.

2 That Council note a change of Access Committee meeting date to 3 December 2013 (at 12.30pm) to coincide with International Day of People with a Disability, and further that the Committee will join with YMCA to celebrate the day commencing at 10.00am at Macksville Memorial Aquatic Centre with a launch of the YMCA Swimathon and Council’s updated Mobility Map and brochure for visitors with a disability.

3 That the remaining minutes of the Nambucca Shire Council Access Committee meeting held 22 October 2013 be endorsed.

12/13 Resolved: (South/Morrison)

That Council write to the Executive Committee of the Strata for the Nambucca Plaza expressing concern about the condition of the carpark, the faded directional arrows and pedestrian crossings and the potential safety/trip hazards.

ITEM 9.6 SF1759 131113 Nambucca Shire Library Storage

13/13 RESOLVED: (Flack/Smyth)

That Council note the proposed action in regard to installation of a storage container at Macksville Library to provide storage for library items.

ITEM 9.7 SF544 131113 Developer Contribution Status Report

14/13 RESOLVED: (Flack/Smyth)

1 That the Developer Contributions Status Report be received.

2 That the Surf Life Saving Contribution Plan works schedule be approved, to become effective from the date of Council’s approval and advertised on 21 November 2013.

ITEM 9.8 SF1855 131113 Environmental Levy - Nambucca Street Tree Planting Program

15/13 RESOLVED: (Smyth/Ballangarry)

That Council resolve to allow an additional $15,000 to be allocated from the Environmental Levy to continue the planting of Street Trees in Nambucca Heads CBD.

ITEM 9.9 SF1823 131113 Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 October 2013 to 1 November 2013

16/13 RESOLVED: (Flack/Smyth)

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

ITEM 9.10 SF1830 131113 Companion Animals Amendment Bill 2013 - Change to fees payable for registration

17/13 RESOLVED: (Flack/Ainsworth)

That Council note the changes to the Companion Animals legislation and the increase in fees to be incorporated in Council’s Revenue Policy as a legislative change effective from 1 January 2014.

ITEM 9.11 SF1823 131113 Complying Developments Approved October 2013

18/13 RESOLVED: (Ainsworth/Flack)

That the report of the applications be noted and received for information by Council.

ITEM 9.12 SF1823 131113 Construction Certificates Approved October 2013

19/13 RESOLVED: (Flack/Ballangarry)

That the report of the Construction Certificates be noted and received for information by Council.

ITEM 9.13 SF1148 131113 Council's Ranger's Report October 2013

20/13 RESOLVED: (Ainsworth/MacDonald)

That the report from Council’s Ranger for October 2013 be received and noted by Council.

ITEM 9.14 SF600 131113 Hyland Park Residential Land

21/13 RESOLVED: (MacDonald/South)

That Council note the status of the Hyland Park residential land.

ITEM 9.15 SF600 131113 Proposed Subdivision of Land Adjoining the Macksville Sewerage Treatment Plant

22/13 RESOLVED: (MacDonald/Ainsworth)

1 Council note the progress with the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant for the purpose of a proposed grease trap waste processing facility.

2 There be a further report to Council on the estimated cost of the proposed subdivision and the recommended terms of any agreement with Mr Gordon.

Amendment: (Flack/Smyth)

That the matter be deferred pending a further report and that the report come to a Land Development Committee meeting with an on-site inspection to be undertaken.

The amendment was LOST

The motion was CARRIED.

ITEM 9.16 SF600 131113 Status of Land Sales

23/13 RESOLVED: (South/MacDonald)

That Council note the reported land sales.

ITEM 9.17 SF600 131113 Status of Industrial Land

24/13 RESOLVED: (Ainsworth/South)

1 That Council proceed to lodge a subdivision application for Lot 31 DP 248561 to create a lot which incorporates all of the Zone IN2 Light Industrial Land.

2 That the subdivided industrial land identified in 1. be advertised for sale with a reserve price to be determined through the agreement of the Mayor, General Manager and Manager Business Development.

ITEM 9.18 DA2012/069 131113 Traffic Impact Assessment - Intersection of Upper Warrell Creek Road and the Pacific Highway, Macksville

25/13 RESOLVED: (MacDonald/South)

The information concerning the traffic impact assessment for the intersection of Upper Warrell Creek Road and the Pacific Highway be received.

Item 9.19 was dealt with earlier in this Meeting.

Cr Ainsworth left the meeting for this item at 2.03 pm and returned after the conclusion at 2.19pm

ITEM 9.20 SF1823 131113 Boultons Crossing (Gumma Reserve)

Motion: (Morrison/MacDonald)

That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005) with strict adherence to a maximum density within the reserve in the delineated camp sites of 60 combination camper vehicles/caravans and Tents with a maximum of 30 camper vehicles/caravans at any one time.

Amendment: (Flack/Smyth)

That the matter be deferred so that the Council can see confirmation from either the Department of Planning and Infrastructure or Division of Local Government that the Council staff interpretation is correct.

The amendment was carried and it became the motion and it was:

26/13 Resolved: (Flack/Smyth)

Cr Flack returned at 3.10pm

ITEM 9.21 SF1875 131113 Investment Report to 31 October 2013

27/13 RESOLVED: (MacDonald/Ballangarry)

That the Accountants’ Report on Investments placed to 31 October 2013 be noted.

Assistant General Manager Corporate Services Report

Cr MacDonald left the meeting for this item at 3.06pm and returned after the conclusion at 3.08pm

ITEM 10.2 SF395 131113 2013/2014 Loan Program

28/13 RESOLVED: (Ainsworth/South)

That Council consider the offers from the seven financial institutions as a late item in closed.

ITEM 10.3 SF1120 131113 Report on NSW Heritage Grants Local Government Heritage Management - Funding Offer

29/13 RESOLVED: (Flack/Ballangarry)

1 That Council accept the funding offers.

2 That Council write to the owners of all the local heritage places advising them of the Local Heritage Grants program and inviting them to submit an expression of interest for funding under the Program.

3 That the Mayor and General Manager be provided with delegated authority to approve grants under the Local Heritage Grants Program.

4 That the Mayor and General Manager be provided with delegated authority to appoint a Heritage Advisor.

ITEM 10.4 SF251 131113 Schedule of Council Public Meetings

30/13 RESOLVED: (Ainsworth/Flack)

That the schedule of dates for public Council meetings be noted and received for information by Council.

ITEM 10.5 SF300 131113 EJ Biffin Playing Fields Committee of Management AGM - 28 October 2013 - Minutes

31/13 RESOLVED: (Ainsworth/Ballangarry)

1 That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields Annual General Meeting held on 28 October 2013 and thank the outgoing Committee for their work in the past twelve months.

2 That Council thank Mr Trevor Keast for his contribution to the EJ Biffin Playing Fields over many years and for his countless hours of voluntary work in preparing the fields for school athletics; Little Athletics; and for his support for the youth of the area.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1676 131113 Capital Works Report - 1 July 2013 - 30 September 2013

32/13 RESOLVED: (Smyth/South)

1 That the Capital Works Report for the period 1 July 2013 to 30 September 2013 be received and noted.

2 That the proposed variations be endorsed and included in the September 2013 budget review.

ITEM 11.2 SF825 131113 Disposal of Council Owned Surplus Materials and Small Equipment

33/13 RESOLVED: (MacDonald/Ballangarry)

That Council receive and note this report and further that there be an annual report on the items disposed of, how they were disposed of and the prices received.

34/13 Resolved: (Ainsworth/South)

That the meeting move into Closed Meeting to discuss the matters for Item 12.1 Loans Program 2013/14.

Reason reports are in Closed Meeting:

Cr MacDonald left the meeting at 3.47pm and returned after the conclusion of this item at 3.53 pm

35/13 Resolved: (Ainsworth/South)

That the meeting resume in Open Meeting.

12.1 - - Loans Program 2013/2014 (Ref sf395)

36/13 RESOLVED: (Ainsworth/Ballangarry)

1 That Council accept the Westpac Banking Corporation loan offer of $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30 years with renewal after 20 years subject to market movements and delegate authority to the General Manager to finalise the contract and effect the drawdown of funds.

2 That Council authorize the Mayor or Deputy Mayor and the General Manager to execute Loan Agreement for $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30 years with renewal after 20 years subject to market movements.

3 That in the event the Westpac Banking Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30 years with renewal after 20 years subject to market movements.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 3.54 pm.

Confirmed and signed by the Mayor on 28 November 2013.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 28 November 2013

General Manager

ITEM 9.1 SF959 281113 Outstanding Actions and Reports

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

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

Recommendation:

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

No		FILE NO	COUNCIL MEETING		SUMMARY OF MATTER	ACTION BY	STATUS
MARCH 2011
1	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	GM		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. DEP advised meeting arranged with RTA. Draft flood study likely to be presented to Council May/June 2012. Re the delay, Council’s Strategic Planner has followed up the RMS. Staff meeting with Consultants on Wednesday 18/10/12. Part funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program. A grant has been applied for, if unsuccessful will not proceed until next year.
JULY 2011
2	SF1031			21/7/2011	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy	GM		Policy under revision and to be reported to future meeting. Also the State Government policy has recently changed. Awaiting finalisation of Nambucca River Flood Studies which are presently on exhibition, will report to Committee then Council once adopted then proceed with amending the climate change policy and report to Council. Funding has now been received for the Flood Risk Management Plans.

OCTOBER 2011

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.

AGMCS

Change in Rates staff meant that there has not been the opportunity to review the criteria. To be reported in 2013/2014.

Once Finance Structure resolved this matter should progress.

OCTOBER 2012

4	DA2012/069		25/10/2012	Council to seek full external funding for independent traffic study for Pacific Highway Upper Warrell Creek Road Intersection	MBD/ G&CO	Investigations underway Discussed at meeting on 18 March 2013. Agreed that Boral and APS would prepare a traffic study. Study completed & a copy was provided to Council on 31 July. Meeting to be arranged with RMS and Trade & Investment preparatory to APS lodging an application to modify the consent to increase output from 90,000 tonnes p.a. to 200,000 tonnes p.a. Letter has been sent to the RMS requesting concurrence to the installation of an 80kmh speed zone in the vicinity of the Upper Warrell Creek Road intersection.
MARCH 2013
5		RF284	28/3/2013	Council write to the Minister for Transport to expedite the upgrade and replacement of load limited railway bridges (overpasses) on Browns Crossing Road	AGMES	Letter written w/e 5/4/2013 Verbal advice has been provided to Council that a Ministerial request for information was forwarded to the Rail Authority seeking information on the bridges. Further letter sent 31/7/13 Staff investigating whether letters have been sent. No evidence letters were sent. GM sent letter to the Minister, the Hon. Duncan Gay on 10 September 2013. Staff met with ARTC last week to investigate access along the rail corridor. No alternative identified. Council can only access its roads and bridges with plant less than 9 tonnes. Staff are investigating the availability of plant rated under 9 tonne to comply with the bridge load limit to undertake the repairs.
APRIL 2013
6		SF601	10/4/2013	Council request RMS to urgently prepare for On and Off ramps for the Pacific Highway in the vicinity in North Macksville as to facilitate a discussion	GM	Letter sent to RMS on 12 April 2013 Mayor and Ms Janine Reed attended Community Cabinet meeting in Taree on 20 May 2013 in relation to this. Meeting with rms 30 May 2013. Issue discussed. Rms is preparing a concept with indicative costing and will supply to Council. Suggested indicative costing is $10M. Concept plan not received as at 7 August 2013. Follow up letter sent 2 September 2013. Further follow up letter sent 8 November 2013. Meeting with RMS, Mayor & MBD in relation to this on 21 November 2013.

JULY 2013
7	~~SF251~~	~~10/7/2013~~	A delegation comprising the Mayor, interested Councillors, a rep of the three Chambers of Commerce and a victim of crime seek an urgent meeting with the Minister for Police and the Hon. Andrew Stoner MP. Also stat dec forms be distributed and a media release be issued.	GM	~~Request sent to Andrew Stoner’s office on 12/7/2013. Media release issued on 12/7/2013. Stat. dec. forms circulated. Reminder letter sent 13 September 2013.~~ ~~Refer to report in business paper.~~
8	~~SF453~~	~~10/7/2013~~	~~Councillors be notified of the next scheduled meeting of the Coffs Coast Waste Service and Council follow up Bellingen Shire Council.~~	GM	Waste Management Officer to advise Councillors of next meeting. Follow up letter sent to Bellingen Shire Council on 24/10/2013. Matter discussed with GM of Bellingen Council on 15 November 2013.
9	RF275	25/7/2013	Council request that RMS consider providing Natural Disaster Funding for the provision of a bicycle/walking/horse riding trail in lieu of reinstating the Bowraville to Bellingen Road.	GM	Letter sent 1 August 2013. Follow up letter sent 8 November 2013
AUGUST 2013
10	SF29	14/08/2013	That Council receive a report on how its resolution about seeking independent legal advice about any future council alliances and then tracking net asset movements will be captured/used in Council’s procurement policy/processes. The report is to also provide information on the Destination 2036 Working Party report on local government alliances.	AGMCS	Report in September 2013. Deferred to November 2013. AGMCS on leave. Deferred to December 2013.
11	LF6107	14/08/2013	There be a report to Council on the circumstances relating to the construction of a shed and other improvements on the Alpha Street road reservation.	GM	Report in October 2013. Manager Business Development has spoken with the property owner who acknowledges that a shed and large awning were constructed on the road reservation without any planning or building approval. As there has been no work undertaken on the road, the road is owned by the Crown, not Council. The matter has been referred to the Crown for their action. Depending upon the action, if any, taken by the Crown, Council can issue development approval for the existing structures.
12	SF1031	14/08/2013	That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal (SF629) containing the 6D principles.	AGMES	Report in September 2013. Deferred to October 2013. At the request of Cr Morrison this item has been deferred to the first meeting in November 2013. Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.
13	SF1817	29/08/2013	Wilson Road from 200m west of Coronation Road to 400m west of Spaldings Road. Council request the RMS to reconsider the 90kph speed zone. And Further….. Council write to the RMS requesting reinstatement of the 60kph zone on Rodeo Drive travelling east from Bowraville after the Valla Road turnoff where the “s” bends are.	AGMES	Manager Technical Services has requested a further review of these sections of the Drive
SEPTEMBER 2013
14	SF1620	11/09/2013	That a report come back to Council regarding companion animal management & options to improve animal welfare and housing and possible options to improve Council’s performance including the consideration of initiatives by other councils.	GM	Report in October 2013 Deferred to December 2013 Proposals have been developed. Require further assessment by Manager. Report in December 2013.
15	SF1755	11/09/2013	That half yearly progress reports be submitted to Council on the Business Services Unit in February and August.	AGMCS	Report February 2014
16	LF6417	11/09/2013	That Council dye test the spring (above 8 Creek Street) which has been identified and inspect the stormwater drainage of those properties identified as possible sources of ground and surface water.	AGMES	Dye test undertaken and no impact on 8 Creek Street identified. Further investigation for other properties is required. No further action taken to date due to staff resourcing.
17	~~SF1621~~	~~11/09/2013~~	That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.	~~AGMES~~	~~Workshop rescheduled to 2.00 pm 21 November 2013 due to conflicting Council schedule.~~
18	~~SF1431~~	~~11/09/2013~~	That Council inspect the (Valla) quarry & the location of houses in relation to the quarry prior to making any decision. That Council provide the quarry operators with 28 days to lodge an application to modify the development consent; otherwise Council will take legal action.	GM	~~Rescission motion lodged. Action on hold.~~ ~~Rescission motion lost.~~ ~~Inspection to be arranged in November 2013.~~
19	SF1690	11/09/2013	Council note the required variation to its budget to be reported with its September quarter budget review (Skate Park)	GM	Report in February 2014.. Report with December Budget Review
20	SF1817	26/09/2013	Council write to the NSW Small Business Commissioner and ask her if Council can be included in the forthcoming Pilot Program to encourage Councils to support small business.	GM	The Manager Business Development has contacted the Department of Small Business and registered to be involved in this program. He has also registered Council as a member of the NSW Business Chamber so as to be eligible to participate in this program. Council will be contacted early in 2014 regarding its participation in the program.
21	SF844	26/09/2013	Council seek a more detailed report on the cost/benefit of the relaxation of the water extraction licence during the initial filling of the dam.	AGMES	GM has spoken to MWS. A letter is being sent to the Commissioner for Water requesting the relaxation of flow rules for 12 months to assist with the initial filling of the dam. Follow up letter sent 22 November 2013.
OCTOBER 2013
22	~~SF1817~~	~~16/10/2013~~	~~Council write to Transport NSW and the Hon. Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41pm Sydney to Brisbane XPT.~~	GM	~~Letters sent 18 October 2013/~~ ~~Response in business paper.~~
23	~~SF1104~~	~~31/10/2013~~	Council write to Precious Metals Resources CEO, advising of Council’s expectation that condition/clause 34 of EL 8016 will be adhered to and asking when PMR intends to commence exploration activities of any sort in the Nambucca Valley.	GM	~~Letter sent 1 November 2013.~~ ~~Response in business paper.~~
24	~~SF1823~~	~~31/10/2013~~	Council defer licencing the Gumma Reserve as a primitive camping ground pending confirmation that Council staff’s interpretation of the Act is correct with regard to the number of sites per hectare that are allowed. Further that Council receive a report on the max. no. of sites that can be sustained on the Reserve.	GM	~~Report December 2013~~ ~~Refer to resolution at meeting on 13 November 2013.~~
25	SF1915	31/10/2013	Council investigate what other councils are determining as a timely inspection program for pools and whether this can be done in a shorter time frame by Nambucca Shire Council than the four years.	GM	Report December 2013
NOVEMBER 2013
26	SF1817	13/11/2013	RMS be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at Partridge/Cooper Street intersection or Boundary Street/Highway intersection. Also RMS be requested to make the left lane at the Cooper/Partridge Street lights southbound a left turning lane only.	AGMES	Letter sent to RMS 15 November 2013.
27	SF600	13/11/2013	That a further report come to Council on the estimated cost of the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant and the recommended terms of any agreement with Mr Gordon.	GM	Awaiting lodgement of EIS.
28	SF1823	13/11/2013	That the (determination of the Boulton’s Crossing reserve as a primitive camping ground) be deferred so that Council can seek confirmation from either the Dept of Planning & Infrastructure or LG that the Council staff interpretation is correct.	GM	January 2014
29	SF 825	13/11/2013	There be an annual report on the disposal of Council owned surplus materials and small equipment ; the items disposed of; how they were disposed of; and the prices received.	AGMES	Report to July 2014 Council meeting.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 November 2013

General Manager's Report

ITEM 9.5 SF688 281113 Environmental Levy - Project Update

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to provide Council with an update on the projects and expenditure associated with the Environmental Levy.

Recommendation:

1 That Council note the information relating to the environmental levy.

2 That Council accept the $115,000 funding offered by the Office of Environment and Heritage for the preparation of the Deep Creek and Nambucca River Flood Risk Management Studies and Plans.

3 That Council note the deferment of the street lighting upgrade program and adjust the budget in the December Quarterly Budget Review to reflect the works will be undertaken in the 2014/15 financial year.

OPTIONS:

Council may have questions regarding the implementation of the Environmental Levy

DISCUSSION:

An overview of the project budget and status for the Environmental Levy is provided on the attached worksheet [Attachment 1].

As shown in the work sheets the following programs are now largely complete.

Complete projects

Vegetation Mapping (OEH)

Vegetation mapping to be attached to internal GIS for use by staff. Training to be provided to key staff. We are still awaiting the final reports that accompany the GIS information, some funds will be retained to allow publishing of related material.

Nambucca River Flood Study (OEH)

The flood study for Nambucca River and Warrell Creek is now complete. Flood information is being developed into an interactive GIS layer for internal staff use. All relevant material will be made available on Councils website.

Any surplus funds from this project will be directed towards the flood risk management plan and study.

Deep Creek Flood Study and Entrance Management Policy (OEH)

The flood study and Entrance Management Policy for Deep Creek is now complete. Flood information is being developed into an interactive GIS layer for internal staff use. All relevant material will be made available on Councils website.

The Entrance Management Policy has been directed to the Office of Industry and Investment (crown lands division) for approval and ongoing management concurrence.

Weed Management Works

This was an extension to the Coastal Weed Management Program currently being undertaken by Councils Weeds Officer. Two (2) additional areas were targeted with funding from the Environmental Levy. These projects addressed weed encroachments into Endangered Ecological Communities being themeda grassland on seacliffs and coastal headlands. Although the project is completed, future funding may be directed towards follow up management.

Ongoing or Extended Projects

River Bank Stabilisation works

A large amount of bank stabilisation works were undertaken last year. Contractors have been engaged to address two (2) areas with roadside revegetation. Wilson Road and Ferry St are being targeted. The works will involve planting of locally occurring species that will assist with bank stabilisation and erosion. The works should be commencing shortly. Any additional funds available at the completion of these sites will be directed to other areas requiring similar revegetation.

Gumma Healthy Wetland Project (OEH)

Data monitoring devices are in place. The recent rainfall following an extended dry period should provide the information required to provide for informed management of the area. Further details will be provided to the committee and Council once the information becomes available.

Stuart Island Health Estuary Project (OEH)

A program of works will be developed over the next month and a contractor engaged, or works programed, in January for a February commencement. The program of work will include:

· Defining car parking and vehicular and pedestrian access

· Weed management

· Riparian planting and landscaping

· The landscape architect (Redbelly Landscapes) will prepare the plan for the work on Stuart Island. Whilst the Masterplan had conceptual proposal for Stuart Island a landscape architect is require to produce a detailed plan.

Beach Access Improvement Program Round 1 (NRCMA and OEH) and Round 2 (OEH)

Final works are being undertaken at the Valla Footbridge. Once complete, priorities for round 2 will be determined. One of these will be access from the Nambucca Heads Surfclub, which will also be looked at through the program below.

Nambucca Surf Club Protection and Access (OEH)

Test excavations have been undertaken to determine the depth of bedrock below the sand, however no hard surfaces were encountered. Alternative designs are being considered for the access ramp (e.g piling to the bedrock).

In terms of the seawall protection a number of different methods have been considered however the amount of funding available will not cover the full length of protection required. Staff will target the next round of OEH Coastal funding to address this issue, which will provide protection for a significant community asset.

Macksville Streetscape Improvement Plans

The Streetscape plans have been exhibited and comments received. A report will be presented to Council in near future discussing the submissions and recommending a way forward.

Nambucca Streetscape Improvement Works

As previously reported four Tuckeroos were planted in the Bowra St as a trial. Council has recently approved additional funds to proceed with additional plantings.

Country Energy Lighting Replacement Program

Comments from AGMES:

The 2013/14 capital budget included $158,000 for the streetlight upgrade (7390.765.8600) funded from the Environmental Levy. This was for the replacement of the luminaires with more efficient units. The replacement was programmed to commence roll-out in Oct – Nov 2013. Advice has been received from Essential Energy that they may now be able to offer even more efficient fittings based on new LED technology and as a result staff now recommend that Council defer the roll-out until the new offer is received (TRIM 27072/2013).

The timing of the new offer is unknown, however at this stage as the technology is still being assessed, it is anticipated that work will not be commenced until the 2014/15 financial year. An adjustment will need to be made at the December QBR to reflect the deferred commencement of the street light upgrade.

It is proposed to retain the majority of this funding in reserve to support the lighting project for the next financial year. However, if necessary some of the funds may be used to provide matching funds for successful grant applications such as the Flood Risk Management Studies.

Recently Announced Projects

Nambucca Flood Risk Management Study and Plan

Council has recently been advised that our grant application for the Nambucca River Flood Risk Management Plan and Study was successful. A workplan will need to be developed, consultants engaged to undertake the work. The funding is provided at a 2:1 ratio. $90,000 dollars offered for this project requiring a matching fund from Council of $45,000. It is proposed to use funding from the flood studies and unallocated funding to match this amount.

Deep Creek Flood Risk Management Study and Plan

Council has recently been advised that our grant application for the Deep Creek Flood Risk Management Plan and Study was successful. A workplan will need to be developed, consultants engaged to undertake the work. The funding is provided at a 2:1 ratio. $25,000 dollars offered for this project requiring a matching fund from Council of $12,500. It is proposed to use funding from the flood studies and unallocated funding to match this amount.

Heritage

A workplan is presently being developed for this program. Expressions of interest are to be sought for the position of Heritage Advisor.

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

SUSTAINABILITY ASSESSMENT:

Environment

The programs targeted under the environmental levy have some form of environmental benefit

Social

The programs that are targeted under the Environmental Levy assist with the Health and Wellbeing of the local community.

Economic

The programs addressed under the levy have a range of economic benefits from certainty for landholders (flood studies) to improvement of public places and natural areas.

Risk

Nil

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

All projects are funded through the Environmental Levy and subsidies

Source of fund and any variance to working funds

Environmental levy

Service level changes and resourcing/staff implications

At this time projects are being run through staff in the Development and Environment Section and the Engineering Services Department. Contractors are being used as necessary.

Attachments:

N:\cs\Exec Assistant - GM\grants report.docx - Environmental Levy Financial Work Plan (Trim 29435/2013)

Ordinary Council Meeting - 28 November 2013

Environmental Levy - Project Update

APPROVED	Levy Revotes 13-14	Subsidy Revote	Subsidies 13-14	Transfers or other funds	Proposed Budget 13-14	Total Budget - Revotes+ budget+ subsidies	Status	Comment
Nambucca River Flood Study - above Watt Ck formerly 4060.440.502	$25,000.00	$ 4,400.00				$29,400.00	complete	surplus funding used to match recent OEH grant for Flood Risk Management Planning
Deep Creek Flood Study - formerly 4090.360.502	$9,300.00				$5,000.00	$14,300.00	complete	surplus funding used to match recent OEH grant for Flood Risk Management Planning
Water quality river health monitoring	$5,000.00				$10,000.00	$15,000.00	ongoing
Enviro Comp Officer - supervisory Vehicle	$ -				$2,000.00	$2,000.00	ongoing
Bowraville Flying Fox	$4,900.00				$5,000.00	$9,900.00	ongoing	$5000 in weed management maintenance works complete. OEH recommends
Minor bird eradication	$1,000.00				$2,000.00	$3,000.00	ongoing
GPT Maintenance	$ -				$10,000.00	$10,000.00	ongoing
Environmental Weed Management	$ -				$ -	$ -		Projects from 2012/13 complete
Control of Noxious Weeds					$66,200.00	$66,200.00	ongoing
Vegetation Mapping	$8,500.00				$ -	$8,500.00	complete	awaiting final supporting documents; some funds retained for publishing; surplus funds used to match OEH grant for Flood Risk Management
Servicing Doggy bins	$ -				$14,000.00	$14,000.00	ongoing
CZMP Action - Beach Access Improvement Program	$ 40,000.00	$35,300.00	$55,000		$55,000.00	$185,300.00	ongoing	final works being complete at Valla Footbridge; Priorities to be set for round 2 OEH funding;
Ongoing Our living Coast Websites	$ -				$2,200.00	$2,200.00	ongoing
Annual River Cleanup	$ -				$500.00	$500.00	complete
Nambucca Surf club Beach Access	$42,500.00	$20,000.00			$ -	$62,500.00	ongoing	test excavations undertaken; alternative design being investigated; Objective to targeting OEH coastal grants to obtain additional funds to undertake project
Paperless Council (ipad purchase)	$ -				$ -	$ -	complete
Installation of Effluent Management System at Saleyards	$6,200.00				$ -	$6,200.00	complete
Prepare/review/implement concept plans for CBD streetscape improvements	$9,000.00				$ -	$9,000.00	complete	Trees installed in Nambucca as trial; Macksville Streetscape Designs exhibited future report to Council on submissions.
Gumma Swamp Healthy Wetland	$10,000.00				$ -	$10,000.00	ongoing	recent rainfall to provide data for informed decision making future report to Council committee and council on this project
Riverbank erosion program (rehabilitation)	$10,000.00				$ -	$10,000.00	ongoing	Consultants engaged to target rehabilitation areas at Wilson Road and Ferry St

APPROVED	Levy Revotes 13-14	Subsidy Revote	Subsidies 13-14	Transfers or other funds	Proposed Budget 13-14	Total Budget - Revotes+ budget+ subsidies	Status	Comment
Environmental Levy Salaries					$ 56,000.00	$56,000.00	ongoing
State of the Environment Reporting					$2,500.00	$2,500.00	ongoing
Stuarts Island			$24,000		$24,000.00	$48,000.00	ongoing	works program to be complete by end of December; contractors to be engaged by January
Nambucca Heads Street Trees				$15,000	$15,000.00	$30,000.00	ongoing	recently approved program; works programming to commence in December; works to commence January/ February;
Street Lighting					$138,000.00	$138,000.00	deferred	refer to report commentary from AGMES; majority of funds held in reserve some required to match recent OEH grant for Flood Risk Management Planning
Heritage Advisor			$8,500			$8,500.00	ongoing	recently commenced
Heritage Grants			$8,500		$8,500.00	$17,000.00	ongoing	recently commenced
Deep Creek Flood Risk Management Study and Plan			$ 25,000		$12,500.00	$37,500.00	ongoing	subject to Council acceptance of funding this program will commence
Nambucca River Flood Risk Management Study and Plan			$95,000		$47,500.00	$142,500.00	ongoing	subject to Council acceptance of funding this program will commence
TOTALS	$171,400.00	$59,700.00	$216,000.00	$15,000.00	$475,900.00	$ 938,000.00

Ordinary Council Meeting 28 November 2013

General Manager's Report

ITEM 9.6 SF1823 281113 Outstanding DA's greater than 12 months, applications where submissions received not determined from 2-15 November 2013

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Business Service Coordinator

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 is 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:

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works – Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

Submissions outlined in previous report to Council 27 September 2012 – Item 10.1

Voluntary Planning Agreement supported by Council at its 28 February 2013 meeting.

Meeting with applicant and planning agreed that Council would assess its section of the link road under Part 5 of the EPAA. Concept plan for Link Road currently being prepared for assessment. Will be exhibited with VPA.

Status report to Council meeting 16 October On-site briefing meeting held with JRPP 18 October 2013 – advice to be sought from applicant.

Report in Business Paper of 13 Nov 2013.

Please note that there is one unresolved Development Applications in Excess of 12 months old.

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
2013/092	29/08/2013	Health Services Facility & Subdivision	Lot 1 DP 1004209 & Lot 22 DP 1161807, Centenary Parade, Nambucca Heads	· Zoned community land and should be left that way. · Should be located closer to other health facilities or other appropriate zonings · Only one entry and exit road (Centenary Parade) therefore increasing traffic to area and can be dangerous with lots of school children. Issues with emergency evacuations · Parking an issue during carnivals etc · Little consultation into the development of this Health Care Centre - request for dialysis services to be included in the new centre · Existing levels and types of crimes already in area maybe exacerbated · Re-zoning costs borne by Council not required for alternate sites · Request for further consultation with police, schools, school bus providers and other primary health providers for another site Matters pertaining to comments on the submissions particularly the type of health services provided and need for, car parking and traffic – Referred to Applicants Consultant
2013/129	25/09/2013	2 Lot Residential Subdivision	Lot 8 DP 1031509, 125 Ocean View Drive, Valla Beach	· Concerns about the environmental impact of further development · Removal of trees may cause damage to the escarpment area and further land instability. · Coastal erosion concerns · Conflicting issues from the 1995 LEP to the 2010 LEP regarding zoning and restrictions on the lot · Preliminary assessment shows significant constraints. Owner/Applicant advised to consider withdrawal
2001/096/01	27/09/2013	Quarry – increase annual extraction limit	Lot 100 DP 1118337, 491 Valla Road, Valla	· Heavy traffic and incompatibility with road use, water issues, air quality issues, noise and blasting issues, hazard issues, social, health and economic issues (locals paying for road repairs and reduced value of houses etc) · A need to protect the community before it’s too late · Quarry shown disregard for approved extraction rate and · Valla residents have no right of appeal to the Court · Money already spent on road repairs is above funds the Quarry provides to Council and Council funding spent on other roads & providing other services in the Valley · Resident dodge speeding trucks with uncovered loads taking up both lanes · Do not feel safe driving on the Valla Road · After paying rates have to pay for replacement of windscreen repairs and wheel re-alignments · Home rocks and windows rattle when explosions occur · Asking why was there no community consultation? · Residents living in Rural Residential area with Quarry · Truck noise from 6.30am · Narrow road & not constructed to cope with this volume of traffic · Access and egress from property hazardous · Quarry operating illegally why be rewarded with extension · Council has sought legal confirmation of the Development Application being substantially the same development and able to be lodged a modification
2013/125 Modification of T1-9-524	12/09/2013	Khanacross or motocross racing – to include lawn mower racing	Lot 1 DP 1144918, Eungai Creek Road, Eungai Creek	· Noise an issue · Need a proper steel gate which can be kept locked · Need to repair any damage caused to fencing · Return cows to if they get out due to the gate being left open A demonstration has been arranged for the objectors
2013/134	08/10/2013	Residential Additions	Lot 1 DP 328486, 21 George Street, Bowraville	· Position of the proposed carport and non-habitable room causing visual issues · Where is the stormwater to be located? · Blind corner new structure would impair drivers vision · Proposed driveway too close to William and George Streets corner possible traffic chaos · Additions not fitting in with the style and character of Bowraville Development Application has been returned as all owners of property have not consented to lodgement
2013/135	09/10/2013	Increase number of Companion Animals (Cats) outside of Local Approvals Policy	Lot 1 DP 328486, 21 George Street, Bowraville	· Already a large number of both feral and pet cats already roaming around in the area · Cats getting into other properties and causing problems · Smell of urine and faeces. If not cleaned up maggots get into faeces. Possible bacterial infections. Concerns of Toxoplasmosis and Cat Flea Typhus · Pollution from effluent · Policies are set for a reason Development Application has been returned as all owners of property have not consented to lodgement. Awaiting response from Council’s Solicitor with respect to further action
2013/146	22/10/2013	Operation of Markets in Private Carpark	Lot 14 Section F DP 20823, 5 Adin Street, Scotts Head	· Noise starts at 5.00 am-5.30 am · No privacy with people walking across the front verandah using as a footpath · People peering through windows and front door · Cars parking on lawn and in driveways on Market days · Lack of amenities · Suggest The Village Green or Buz Brazel Park with amenities

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 November 2013

Corporate Services

ITEM 10.1 SF251 281113 Schedule of Council Public Meetings

AUTHOR/ENQUIRIES: Monika Schuhmacher, Executive Assistant

Summary:

The following is a schedule of dates for public Council meetings. The meeting dates may change from to time and this will be recorded in the next available report to Council.

Recommendation:

That the schedule of dates for public Council meetings be noted and received for information by Council.

MEETING	DATE	VENUE	COMMENCING
Access Committee	26/11/2013	Council Chambers	2.00 PM
Ordinary Council Meeting	28/11/2013	South Arm Hall Leave Council Chambers at 4.30 pm	5.30 PM
Water Supply Steering Committee	04/12/2013	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	11/12/2013	Council Chambers	8.30 AM
2014
Ordinary Council Meeting	16/01/2014	Council Chambers	5.30 PM
Ordinary Council Meeting	30/01/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	05/02/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	13/02/2014	Council Chambers	5.30 PM
Access Committee	25/02/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	27/02/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	05/03/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	13/03/2014	Council Chambers	5.30 PM
Access Committee	25/03/2014	Council Chambers -	2.00 PM
Ordinary Council Meeting	27/03/2014	Argents Hill – depart at 4.30 pm	5.30 PM
Water Supply Steering Committee	02/04/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	10/04/2014	Council Chambers	5.30 PM
Access Committee	22/04/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	24/04/2014	Utungun Hall – depart at 4.30 pm	5.30 PM
Water Supply Steering Committee	07/05/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	15/05/2014	Council Chambers	5.30 PM
Access Committee	27/05/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	29/05/2014	Scotts Head – depart at 4.30 pm	5.30 PM
Water Supply Steering Committee	04/06/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	12/06/2014	Council Chambers	5.30 PM
Access Committee	24/06/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	26/06/2014	Council Chambers	5.30 PM

Note: Departure times to Rural Halls have been added.

Note: Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting - 28 November 2013

Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 19 November 2012

MINUTES OF ANNUAL GENERAL MEETING of the Valla Beach COMUNITY ASSOCIATION held on MONDAY 18^th November 2013 at the VALLA BEACH COMMUNITY CENTRE commenced at 7 pm

1. Welcome	President John Windmill – Welcomed Mayor Rhonda Hoban GM Michael Coulter Councillors – Anne Smythe, Bob Morrison, - NSC’s Paul Gallagher & Peter Wilson plus residents of the Valla Area – 25 attendees
2. Apologies	Cr Paula Flack – Bruce Anderson-Margie O’brien-Chris Vincent-Gwen Harding Eillen Zabodos
3. Minutes of previous meeting	The minutes of previous AGM dated 19th November 2012 were read. Moved Cath Nezigoda seconded Mac Wilson that the minutes be accepted
4. President’s Report	John Windmill presented his President’s Report 2013 – Another year of Progress President also presented Cath Neizgoda with a certificate of appreciation for her dedication in managing the hall since 2007., she will be hard to replace.
5. Treasurer’s Report	The Treasurer presented the Income & Expenditure Report for the year ending 30 June 2013 plus a verbal report in relation to our current financial position. Moved Peter Rundle seconded Melvyn Best that the report be received.
6. Valla Beach Preschool Report	Catherine Tait from the Preschool Committee, presented the Pre-school’s report for 2013 Attached
7. Election of Officers	All Positions to be declared Vacant NSC Mayor Rhonda Hoban acted as returning officer with the following results President: John Windmill nominated by P.Rundle and seconded by G.Suter Vice President: Graham Jones nominated by M.Best and seconded by J.Windmill Secretary: Melvyn Best nominated by J.Windmill and seconded by C.Nezigoda Treasurer Pete Rundle nominated by G.Jones and seconded by M.Best Committee Members: Tracey Suter nominated by M.Best and seconded by Mac Wilson Bernice Reid nominated by J.Windmill and seconded by T .Suter Chris Vincent has volunteered to help the committee when required. The Current Market Sub Committee agreed to stand again: The Returning officer after asking for any other nominations declared all positions filled and congratulated the new committee and handed the proceedings to the new President,who thanked Mayor Hoban for overseeing the election of the new committee he then - Moved that 3 General meetings be approved for 2014 – being 3^rd Monday of March – July – November and that the AGM combine with July GM. Moved by John Windmill Seconded Pete Rundle – Motion approved unanimously
8. Next AGM	17^th March at 7pm in the Community Hall.[note sign at Hall needs to be corrected]
9. Meeting closed	President closed meeting at 7.35pm - handed over to Nambucca Shire Council’s Peter Wilson for presentation and discussion re proposed rate rise

VBCA President’s Report for 2012 to 2013

Carols in the park.

The second ‘Carols in the Park’ was a great success. I would like to thank the Carols committee for all of the work they did to make this happen with special thanks to Daphne and Graham Jones. This was the first time that the trailer stage was used for something other than the market. This years ‘Çarols in the Park’ is on 13 December.

VBCA Market.

The markets have continued to be very well received by the community and during the last twelve months we had the highest number of stallholders (85) attending since the markets began. Recently we have added further attractions such as cooking demonstrations, Tao Kwon Do Demonstrations and even a circus troupe from Macksville Public School. I would like to thank all of the market committee and the executive committee for their efforts in making our market one of the best, no, the best in the Nambucca Valley. With a special thank you to Tracey Suter for all the grants she has obtained for us. Without this help we would not have been able to finance many of our projects.

VBCA Hall

Cathy Niezgoda has managed the bookings for the hall for many years, I am sorry to say that Cathy cannot continue in this role as she will be moving to Queensland to be nearer to her Daughter. I should like to thank Cathy for all the time and effort she has put in for the community and especially for this committee. We are sorry to lose her and hope that we can find someone as good to replace her.

Gardens

The entrance to Valla Beach has gardens that have been upgraded

My thanks to Carole Anderson and her team for a great job.

Valla Beach Tennis Club

VBCA gave a donation to the tennis club to assist in the necessary replacement of the worn Astro turf surface

Beach Access

The council have provided a beach access walkway at South Valla Beach with steps down to the water at each end of the timber bridge so that people can now easily get to the water to swim in deep creek. Many locals have said how thankful they are for this improvement. Another access walkway was provided at Middle Valla Beach and a shower was installed at the entrance to Robert Lowden Park.

Cricket Nets

The VBCA with a lot of help from council have installed two cricket practice nets at Anderson Park. These nets were asked for by young local cricket players who previously had to travel to Nambucca to practice. The nets are used just about every day since they were installed.

Speed Humps

Speed humps are about to be installed at the South end of Valla Beach Road to reduce vehicle speed down the hill.

Local Roads

The council has repaired many damaged road surfaces in Valla Beach in recent months.

Static exercise equipment

Council has advised that Static Exercise Equipment will be delivered in early December.

I should like to thank the council for all the help they have given to The VBCA in the last 12 months to enable the above projects to be completed. With a special thank you to Michael Coulter for listening to Mel and I on many occasions throughout the year.

I should like to take this opportunity to thank Mel Best my Secretary without whom the VBCA would come to a grinding halt and to Pete Rundle my Treasurer who balances our books with great precision and is also our Web Coordinator.

Thank you

John Windmill

20th November 2013

General Manager

Nambucca Shire Council

PO Box 177

Macksville NSW 2447

Dear Mr Coulter

ANNUAL GENERAL MEETING – NEW COMMITTEE for VBCA 2014

We held our Annual General Meeting on Monday 18^th November 2013, for which I have enclosed the minutes, The newly elected executive members of our committee are:-

President : John Windmill 1 Kuta Avenue VB ph 6569 6886 john.windmill@bigpond.com.au

Vice President: Graham Jones, 21 Henderson St, VB ph 6569 5380 grahamanddaphne@aapt.net.au

Secretary : Melvyn Best, 40 Max Graham Drive, VB ph 6569 6736 mgpabest@bigpond.net.au

Treasurer : Pete Rundle 50 Broughams Rd Valla ph 65696611 pete.rundle@activ8.net.au

Committee Members (2)

Tracey Suter 242 Sullivans Rd Valla ph 6569 5410 traceysuter@bigpond.com

Bernice Reid 11 Henderson St VB ph 6569 5499 berbob@hotmail.com

Offer of services when required

Christine Vincent 90 Ocean View Drive VB ph 6569 5690 chris@vallarealestate.com.au

Yours Faithfully

Melvyn Best

Melvyn Best

Secretary

Encl.

Minutes AGM – Presidents report Financial report.

Ordinary Council Meeting - 28 November 2013

Vehicular Access To Beaches Committee

PRESENT

Cr John Ainsworth

Cr Paula Flack

Cr Bob Morrison

Mr Bill Watts

Mr Charles Brazel

Mr Bob Bennett

Mr Tony Hardge

Ms Georgette Allen

Mr Kevin Morrison

Mr Paul Gallagher, Assistant General Manager Engineering Services

APOLOGIES

Mr Brian Hall

Mr Rhett Smyth

CONFIRMATION OF MINUTES

1/13 RESOLVED:(Morrison/Flack)

That the Committee note the adoption of the Minutes of the Meeting held 8 March 2013.

Assistant General Manager Engineering Services Report

ITEM 6.1 SF843 081113 Outstanding Actions - Reported to 8 November 2013 meeting

2/13 RESOLVED: (Flack/Hardge)

The progress on the outstanding actions presented to the meeting on the 8 November 2013 be received and noted.

3/13 Resolved: (Allen/Flack)

1 That the Vehicular Access To Beaches Committee request that Council write to local and coastal community associations informing them that Council would appreciate more volunteer beach rangers and that this be put on their meeting agendas and information providing a link to Council’s website.

2 That the Vehicular Access To Beaches Committee request Council include the request for volunteer beach rangers in the next newsletter accompanying Council’s rates notices and place the request on Council’s website.

ITEM 6.2 SF843 081113 Complaint - Illegal 4WD access to Forster Beach Scotts head and car park construction

4/13 RESOLVED: (Flack/Hardge)

That the Vehicular Access to Beaches Committee receive and note the report and the actions being implemented by the National Parks and Wildlife Service.

ITEM 6.3 SF843 081113 Financial Report as at the 31 October 2013

5/13 RESOLVED: (Watts/Flack)

1 That the information contained in the Financial Report as at the 30 June 2013 noting Income of $ 9262.00 and Expenditure of $ 6351.07 with an amount of $2900.00 being placed into the Reserve be received and noted.

2 That the Financial Report as at the 1 October noting Income of $ 2895.00 and Expenditure of $ 3468.29 be received and noted.

ITEM 6.4 SF843 081113 Report from Manager Development and Environment and Council's Ranger

6/13 RESOLVED: (Hardge/Flack)

That the report from the Manager Development and Environment for the period April 2013 to 1 October 2013 be received and noted.

ITEM 6.5 SF843 081113 Parks Supervisor Inspection Report - October 2013

7/13 RESOLVED: (Flack/Hardge)

That the report on the beach access tracks as at the 14 October 2013 be received and noted.

ITEM 6.6 SF843 081113 Honorary Rangers Reports - October 2013

8/13 RESOLVED: (Flack/Hardge)

That the verbal and written Honorary Rangers reports provided on the 8 November 2013 be received and noted.

ITEM 6.7 SF843 081113 Results of the community polling on 4WD access to beaches in the Nambucca Shire

9/13 RESOLVED: (Flack/Morrison)

That the Vehicular Access to Beaches Committee note the responses from the community survey undertaken in June/July 2013.

10/13 Resolved: (Flack/Watts)

That the Vehicular Access To Beaches Committee receives a ranger report of the ranger activities on beach tracks and beaches including number of hours, warnings issued, infringement notices issued and suggestions for improved monitoring and compliance.

NEXT MEETING DATE

The next meeting will be held on Friday 14 February 2014 commencing at 1.30pm.

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3.00pm.

Cr John Ainsworth

(CHAIRPERSON)

Ordinary Council Meeting 28 November 2013

Assistant General Manager Engineering Services Report

ITEM 11.2 SF1669 281113 Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

Summary:

NSW Public Works (Coffs Harbour) have submitted a fee variation claim for the Project Management of the construction phase Nambucca District Water Supply Off River Storage Project.

The variation claim relates to the costs associated with the additional time required to manage the construction contract mainly as a result of the extended contract period, negotiations to resolve difficult claims that could not have been reasonably foreseen and managing GHD’s involvement in the project.

The fee variation is considered to be justified and reasonable and is reported to Council for approval.

A confidential copy of the fee variation claim submission is provided for Council’s information only.

Recommendation:

That Council accept the fee variation proposal submitted by Public Works for the amount $296,020.00 (two hundred and ninety six thousand and twenty dollars) excluding GST, being fees additional to those previously approved.

OPTIONS:

Council could seek to negotiate an alternative fee proposal from the Public Works although there would appear to be little value in doing so. Public Works are only paid for hours worked and in theory savings for allocated hours not used are passed on to Council. An increase in fee can only come about through a justifiable change in work scope as has now occurred.

DISCUSSION:

Council engaged NSW Public Works (Coffs Harbour) for the Project Management of the construction phase of the Nambucca District Water Supply Off River Storage Project. The accepted proposal was termed an Upper Limit Fee based on the best estimate of hours likely to be spent on the identified tasks required to manage the project over the assumed project time frame, matched with the hourly rates of the personnel involved. The Upper Limit Fee included a number of qualifications that meant it could be subject to variation if the specified scope of work was varied in any way.

The fee proposal was for an amount of $1,002,341 (excluding GST) for the original contract period of 62 weeks with an allowance for an additional 6 weeks due to wet weather. An amount $30,796 (excluding GST) was also transferred from the preconstruction phase project management for ongoing tasks such as land matters and community consultation to enable that work order to be closed out. Therefore the original approved fee at the time construction commenced was $1,033,137 (excluding GST).

Expenditure on Project Management to the end of September 2013 has been $753,859 (excluding GST). It should be noted that the original time programmed for completion of construction was September 2013 with a contract completion in September 2014 following a one year post completion period including wet commissioning.

During recent Steering Committee meetings Public Works have identified the project management fee as a risk that will take up some of the contingency allocated to the project budget as a result of changes to the scope of works. These changes relate mainly to an extended contract period, negotiations to resolve difficult claims that could not have been anticipated, significant additional requests for information and managing GHD.

As previously mentioned the time for completion of the contract when it was awarded in August 2012 was September 2013. Given the construction issues and progress to date the contract is now not likely to be completed before April 2014.

The contractor has submitted a significant claim for additional costs required to manage underground water flow in volumes larger than they consider could have been anticipated. Public Works are currently negotiating on Council’s behalf to resolve this claim.

Another significant claim is expected from the contractor in relation to delays resulting from the change in foundation conditions that have been experienced in the core trench. An amount of $50,000 has already been approved for additional works to negotiate this claim.

Public Works have prepared a fee variation claim with detailed reasons and costs for the various components of the claim. This submission is provided separately for Council’s information and consideration for approval.

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

NSW Office of Water

SUSTAINABILITY ASSESSMENT:

Environment

The fee variation will have no environmental impact.

Social

The fee variation will have no social impact.

Economic

The fee variation will have no economic impact.

Risk

The fee variation relates to additional Project Management works to limit Council’s exposure to claims and ensure the contract works continue to be properly managed through an extended contract period.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council has committed funding for in the 2013/14 budget sufficient to complete construction works on the Off River Storage Project.

Source of funds and any variance to working funds

Funding for the project will be sourced from reserves, grants and loans.

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program. $8.5 million of the funding has been claimed and paid to date.

Council has also signed a Stage 2 funding deed for the remaining $9 million of a $10 million grant offered by the Federal Government. $8 million of this Stage 2 funding has been claimed and paid to date with the remaining $1 million to be paid on completion of the works.

Service level changes and resourcing/staff implications

There are no implications related to levels of service and resourcing.

Attachments:

- The Confidential attachment is presented in the Confidential Agenda

Ordinary Council Meeting 28 November 2013

Assistant General Manager Engineering Services Report

ITEM 11.3 SF844 281113 Nambucca District Water Supply Steering Committee Meeting - 6 November 2013

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

Summary:

The Water and Sewerage Steering Committee (WSSC) meetings relating to the Nambucca District Water Supply Bowraville Off-River Storage Project are scheduled to be held monthly at the construction site office

The minutes relating to the meeting held on 6 November 2013 are attached for information and adoption by Council.

Recommendation:

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting for the Bowraville Off River Storage project held on 6 November 2013.

OPTIONS:

1 Adopt the minutes

2 Seek further clarification on particular items

DISCUSSION:

Contracts have been awarded and construction works have commenced on the Bowraville Off River Storage Project. As this is a very significant project Council has resolved to hold monthly meetings of the WSSC at the site office of the Principal Dam Contractor with a view to keeping regularly informed of the progress, risks, variations and expenditure on the project.

The main items of discussion were foundation conditions, likely claims for variations and delays on contract including variation for project management fees and the impacts on project contingency.

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

GHD

Haslin Constructions Pty Ltd

Ledonne Constructions Pty Ltd

Councillors

SUSTAINABILITY ASSESSMENT:

Environment

The environment impacts of the project are detailed in the Environmental Impact Statement (EIS) that was prepared by GHD. The contractors are required to prepare and work to Environmental Management Plans that conform to the requirements of the EIS.

Social

The project aims to provide a social benefit through security of water supply.

Economic

The project will have a significant economic impact on the community as increases in both the typical residential bill and developer charges will be required to service Council’s financial commitment to the project.

The construction works should also provide an economic stimulus to the Shire.

Risk

This is a major project for the Shire and there are significant risks associated with construction contracts of this size. An updated project risk register is kept by the Project Managers and the risks are discussed during the meetings.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council has committed funding for construction works on the Off River Storage Project in the 2012/13 budget and funds will also be allocated for inclusion in the 2013/14 budget.

Source of funds and any variance to working funds

Funding for the project will be sourced from reserves, grants and loans.

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program. $8.5 million of the funding has been claimed to date.

Service level changes and resourcing/staff implications

There are no implications related to levels of service and resourcing.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 November 2013

Assistant General Manager Engineering Services Report

ITEM 11.4 SF1103 281113 Nambucca District Water Supply – Landowner compensation for easements and acquistions required for Off River Storage

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

Summary:

Construction works on the Package B contract for the Off River Storage project are now complete. This work involved the construction of two new bores, collection pipework, raw water collection tank, control valve cluster, pump station transfer pipeline and associated electrical and control works.

The bores as well as the majority of the pipelines and electrical infrastructure have been constructed on private property. Council is required to pay the affected landowners compensation for all the land and easements that they need to acquire to enable access for the continued operation and maintenance of the infrastructure.

Plans detailing the full extent of the land to be purchased or acquired for easements as well as valuations of the affected land will be required to assist in the negotiations process. Council is responsible for documenting this information and arrangements are currently being made for this work to commence.

Recommendation:

1 That Council note that works to produce the survey plans and valuations required to enable the negotiation of fair compensation to landowners affected by easements and acquisitions associated with the Off River Storage project is currently being arranged.

2 That Council give delegated authority to the Mayor and General Manager to negotiate compensation with landowners affected by easements and acquisitions associated with the Off River Storage project as required and within the limits of the approved budget.

OPTIONS:

The State Property Authority (SPA) has been previously engaged by Council to assist with land related matters on this project and Council may choose to utilise their services to negotiate compensation. Council needs to be proactive in ensuring that all land matters are addressed as soon as possible.

DISCUSSION:

Construction work on the Package B contract for the Off River Storage has now been completed and one of the affected landowners has instructed their solicitor to pursue the matter of compensation.

Council is responsible for paying fair compensation to all landowners affected by the Off River Storage project as a result of the installation of infrastructure on private property. The two additional bores as well as the majority of pipelines and power supply works have been constructed on private property. There are seven separate lots each with different owners that have been impacted by the works.

As a condition of approval to undertake the power supply upgrade works for the project Essential Energy are also requiring Council to negotiate and pay compensation for the necessary easements over their assets.

In order to make a fair assessment of the compensation owing Council will be required to produce plans detailing the full extent of the land to be acquired and to arrange for an independent valuation of the land including an assessment of reasonable compensation.

It is proposed that quotes will be sought from experienced valuers to prepare a report documenting their assessment of a fair compensation for the impact of the works undertaken on the individual properties. At this stage it is considered that the survey and plan preparation work could be completed in house but if workloads change quotes will also be sought for this work. Arrangements will be made for both these works to commence as soon as possible.

The documents will be used as a basis for negotiating a fair compensation with the affected landowners. There is likely to be some flexibility required to negotiate a final agreement with the landowners. For this reason it is recommended that Council delegate authority to the Mayor and General Manager to negotiate the compensation payment as required and within the limits of the approved budget.

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

NSW Public Works

State Property Authority

SUSTAINABILITY ASSESSMENT:

Environment

The acquisition of land and easements and payment of compensation will have no impact on the environment.

Social

The acquisition of land and easements and payment of compensation will have no direct social impact.

Economic

The acquisition of land and easements and payment of compensation will provide no direct economic benefit.

Risk

The acquisition of land and easements and payment of compensation will ensure that Council has legal access to the infrastructure that it owns and will help to reduce its risk in managing the ongoing operation and maintenance of these assets

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council has committed funding r in the 2013/14 budget sufficient to complete the remaining works on the Off River Storage Project. The preparation of the Management Plans has been included in the project budget.

Source of funds and any variance to working funds

Funding for the project will be sourced from reserves, grants and loans.

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program. $8.5 million of the funding has been claimed and paid to date.

Service level changes and resourcing/staff implications

There are no implications related to levels of service and resourcing.

Attachments:

There are no attachments for this report.

1	25205/2013 - Notice of Motion - Change to XPT Train Service Timetable (SF92)
2	28695/2013 - Transport for NSW - Response regarding Council's request to reinstate the Nambucca Heads stop for the Sydney to Brisbane XPT

1	29285/2013 - Advice and response regarding activities on exploration licence EL 8016
2	26660/2013 - Notice of Motion

1	26561/2013 - letter to Bellingen Shire Council
2	29492/2013 - Response to Councils letter of 23 October 2013 regarding Biomass Recovery of Organic Material (Red Waste Bin) - Bellingen Shire Council