Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

11 December 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 - 11 December 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 - 28 November 2013.............................................................................. 6

5 NOTICES OF MOTION

5.1 Notice Of Motion – Cr Anne Smyth – Request for Leave of Absence From 12 December 2013 To 15 January 2014 (SF1228).................................................................................................... 18

6 PUBLIC FORUM

Mr Russ Holland – Presentation to Council on behalf of Westpac Life Saver Rescue Helicopter

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.................................................................................... 19

9.2 Companion Animal Management & Options to Improve Animal Welfare & Housing............. 26

9.3 Boultons Crossing (Gumma Reserve).............................................................................. 32

9.4 Private Swimming Pools - Inspection Regime................................................................... 35

9.5 Planning Proposal rezoning and reclassification and DA2013/092 Proposed Healthone Facility and Subdivision.................................................................................................................... 43

9.6 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18-29 November 2013............................................................................................. 84

9.7 Council Ranger's Report November 2013......................................................................... 89

9.8 Application For Special Rate Variation 2014/15 ............................................................... 90

9.9 Construction and Complying Development Certificates Approved November 2013........... 106

10 Assistant General Manager Corporate Services Report

10.1 Community Housing lImited V Nambucca Shire Council NSW Land and Environment Court Proeeding 2013/40925................................................................................................................... 109

10.2 Basis of operation and ownership of future Council alliances for the provision of services 118

10.3 Grant Application Status Report ................................................................................... 120

10.4 Investment Report To 30 November 2013...................................................................... 123

10.5 Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 20 August 2013 and Auditor's Report............................................................................. 129

10.6 Schedule of Council Public Meetings............................................................................. 139

10.7 Tewinga Community Centre Committee of Management AGM - 23 November 2013 - Minutes 140

10.8 Westpac Life Saver Rescue Helicopter Service - Presentation to Council......................... 146

11 Assistant General Manager Engineering Services Report

11.1 NSW Rural Fire Service - 2013/2014 Budget................................................................... 148

11.2 Nambucca District Water Supply – Documentation of Management Plans for Off River Storage Licence requirements................................................................................................................. 159

11.3 Nambucca District Water Supply – Off River Storage Adaptive Management Workshop... 174

11.4 Application for Temporary Road Closure - High Street Bowraville for Bowraville Childrens Christmas Party 2013.................................................................................................................... 177

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

12.1 Macksville Industrial Estate - Channel Remediation Works

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.

Starts 8.30am

TIME	DESCRIPTION	WHERE	OFFICER
8.30 am	Russ Holland – Westpac Life Saver Rescue Helicopter Service - present plaque acknowledging the contributions made by Council staff & also update Council on the Service	CC
8.45 am	Item 12.1 - Macksville Industrial Estate Channel Demolition Works	ONSITE	MTS
9.15	Business Paper

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 28 November 2013

The following document is the minutes of the Council meeting held on 28 November 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 11 December 2013 and therefore subject to change. Please refer to the minutes of 11 December 2013 for confirmation.

The Council meeting commenced at 5.42 pm.

PRESENT

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

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

APOLOGY

Cr Elaine South

Ms Alba Sky (President South Arm Hall Committee of Management)

Ms Robin Wilson (Treasurer South Arm Hall Committee of Management)

DISCLOSURE OF INTEREST

Councillor P Flack declared a non-pecuniary less significant conflict of interest in the Public Forum dealing with water monitoring from Lock the Nambucca Valley under the Local Government Act as Cr Flack is a non committee member of Lock the Nambucca Valley.

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 9.3 Exploration Activities of Any Sort in the Nambucca Valley and the Public Forum under the Local Government Act as Cr Flack’s family has property which is within the exploration area of EL8016.

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 10.3 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 12 November 2013 under the Local Government Act as Cr MacDonald is related to half of the Committee and the Treasurer was her supervisor when she was employed by the Bananacoast Credit Union.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 10.7 Boulton's Crossing Funding Offer - Council Acceptance Required under the Local Government Act as Cr Ainsworth is a member of the South Beach National Park Board. Cr Ainsworth left the meeting for this item.

Councillor B Finlayson declared a non-pecuniary significant conflict of interest in Item 10.7 Boulton's Crossing Funding Offer - Council Acceptance Required under the Local Government Act as his Business Associate has an interest. Cr Finlayson left the meeting for this item.

Councillor K MacDonald declared a pecuniary significant conflict of interest in the following items:

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

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

11.4 Nambucca District Water Supply – Landowner compensation for easements and acquisitions required for Off River Storage

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

under the Local Government Act as Cr MacDonald’s employer is the primary fuel supplier to various dam subcontractors... Cr MacDonald left the meeting for these items.

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 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 under the Local Government Act as Cr Hoban was involved in negotiating the Conditions of Consent for this quarry in the Land and Environment Court prior to becoming a Councillors. Cr Hoban left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 November 2013

1/13 2/13 Resolved: (MacDonald/Flack) (Morrison/Ainsworth)

That the minutes of the Ordinary Council Meeting of 13 November 2013 be confirmed subject to the following amendment:

3/13 Resolved: (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 of the Regulations in regard to the number of campers per hectare is correct.

NOTICE OF MOTION - CR Morrison

ITEM 5.1 SF1817 281113 Notice of Motion - Request for Leave of Absence - Cr Bob Morrison 5 to 12 December 2013 (SF1788)

4/13 RESOLVED: (Morrison/Ainsworth)

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 5 to 12 December 2013 inclusive.

NOTICE OF MOTION - CR MacDonald

ITEM 5.2 SF1817 281113 Notice of Motion - Proposed Special Rate Variation 2014-2015 (Trim SF1842)

Motion: (MacDonald/Ainsworth)

That Council moves to exempt Pensioners and Businesses in our Shire from any General Rate increase beyond rate pegging for the number of years as outlined in either scenario 1 or 2 outlined in Council’s Proposed Special Rate Variation 2014/2015.

Amendment: (Ainsworth/Finlayson)

That Council defer this item until Council receives a report to show the costing and impact on Council’s budget.

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

5/13 Resolved: (Ainsworth/Finlayson)

That Council defer this item until Council receives a report to show the costing and impact on Council’s budget.

NOTICE OF MOTION - CR Hoban

ITEM 5.3 SF1817 281113 Notice Of Motion - Purchase Of Gumbaynggirr Wood Carvings (Trim SF884)

6/13 RESOLVED: (Hoban/Ballangarry)

That after checking the appropriateness of displaying such articles, Council purchase the Gumbaynggirr wood carvings from Mr Harris for the purpose of retaining them for the community.`

NOTICE OF MOTION - CR Hoban

ITEM 5.4 SF1817 281113 Notice of Motion - Nambucca Valley Branch of the Naval and Mariners Association of Australia - Donation to Macksville Library (Trim SF1077)

7/13 RESOLVED: (Hoban/Flack)

1 That Council note the donation by the Nambucca Valley Branch of the Naval & Mariners Association of Australia of a copy of “The Search for the Sydney, How Australia’s Greatest Maritime Mystery was Solved” to the Macksville Library on the occasion of the 72^nd Anniversary of the Loss of HMAS Sydney (II).

2 That Council write and formally thank the Association for their generous donation.

PUBLIC FORUMS

Resolved: (Flack/Smyth)

That the following delegations be heard:

i) Maria Tesser - Secretary South Arm Hall; Antimony mining in area and the Hall’s kitchen

ii) Joan Rossington - Free rural rubbish pickups

iii) Ivan Noble - Water table at South Creek, Building entitlements for small blocks cut by public road, waste disposal

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

v) Lyn Orrego – Supporting concern for antimony mining and roadside spraying

vi) Graham McPeade – Water quality testing

1 Maria Tesser

· Welcome Council to South Arm Hall. Built circa 1927

· Antimony mining is a great concern

· Concern for all grandchildren wants to leave a legacy of the hall, fresh water –does not contamination to the South Arm area

· Areas affected by antimony mining will never be rehabilitated

· Asks Council to think carefully about any future mining leases/concerns and that Council says “No”

· Lived in (South Arm) valley since 1980 and involved with hall since then—lots of fund raising

· Distressed with kitchen when new sink was built in middle of work space and right under an electrical outlet

· Support for kitchen bench has been cut so bench is falling apart

· Committee should not be responsible for paying for the correction of this

· Doesn’t mind paying extra rates if there is a decent road to drive on

· Does not want rates to go to other areas

2 Joan Rossington

· Question regarding rubbish pick up

· General opinion is that it is cumbersome

· Residents currently need to book in a time – need to unload and put in trucks

· Would be simpler to get rid of items at no cost and issue 2 vouchers per year so rubbish can be disposed of at residents’ convenience

· Suggests that people in towns should not put their rubbish (bulk collections) out until a few days before the actual collection – it is unsightly and embarrassing when showing towns to visitors

3 Ivan Noble

· Born and bred in this (South Arm) valley –South Creek has disappeared and condition has deteriorated

· Since installation of bores - water has disappeared further and further up creek, stated that it has dropped over a metre

· Trees in river are now that are exposed and would fell with an axe

· Something needs to be done about the condition of South Creek

· Waste—in the 1980’s there was a voucher system for use 2 to 3 times per year

· Can vouchers be issued with rate notices? Then Council doesn’t have to worry about it

· Land that is cut by public roads, farms dissected by public roads eg Simpson’s Ridge Road – when surveyed boundary post would be in middle of road

· Why not allow them to be sold off as individual blocks

· Harder to get stock from one side to another

· Bowraville small community, more building entitlements the more people and more rates for Council

4 Greg Blake

· Lives at 777 South Arm Road

· Surrounded by 3 cattle feed lots and piggery

· Hundreds of cattle with no shade in very confined space

· Odour is intolerable, prisoner in own home, closing windows and doors

· What is happening with the effluent? Ends up in the creek?

· 7 day per week operation, grain b-doubles arriving at all hours 24/7

· Tractors (non licensed) with heavy loads (grain bins) 24/7 in close proximity to his home travelling on South Arm Road

· Cattle treated as ‘units’ – turnover of ‘units’ is on a daily basis

· Constant weaner cattle or distressed cattle bellowing all night

· Up to 6 caged dogs barking all day and night

· Huge explosion of duck population

· Diminished quality of life, visual, smell, noise, unregulated, unsightly

· What is Council’s stance on feed lots?

· Are there any odour and noise exclusion zones

· Is this factory farm setting a bench mark for the Valley

5 Graham McPeade

· Tabled a leaflet from Lock the Nambucca

· Very concerned the mining in this area

· Can Council regularly monitor water quality?

· Asks Council to seek legal advice re developing a baseline of water quality that will stand up in Court and that this is made available to the public

· Cannot understand why any government can consider mining around any water resource

· Why are they allowing this type of mining in areas of high rainfall?

· Grading of South Arm Road – could this be programmed and that deterioration of the road be considered – ie rehabilitation of the Road.

8/13 Resolved: (Hoban/Flack)

That Council receive a report on existing monitoring and advice as to what monitoring would be required to establish baseline information should it ever be required in relation to any mining activity within the Shire.

5 Lyn Orrego

· Thanks Council for its realisation of passion of concern by residents in the (South Arm) valley about possible antimony mining

· Tabled paper on roadside spraying

· In 1980’s negotiated with Council for signage for roadside spraying

· Council has insurance concerns and therefore spraying signs were ceased

· Previous Weeds Inspector (the late John Ennis) communicated with the residents regarding where spraying would occur

· Current contractors have no communication and no concern for residents’ needs

· Suggest using slashing to the utmost, eliminate blanket spraying

· Notification in papers lists roads but not dates and times – limited options to residents to stay away from spraying areas

· Asks Council to review its 2 relevant weeds policy

· All negotiations between residents and the Weeds Inspector

· Suggest keeping a database and ensure good training for the contractors

· Ensure least toxic chemicals are used in the least amount of strength.

9/13 Resolved: (Flack/Smyth)

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

7 Mr Geoff Wilson

· Living here since early 1980’s

· Level of antimony mining in Macleay and in the drinking water

· In our Shire we have had a similar experience

· Large mine at operations started up around 20 years ago, residents in Upper Buccrabendinni Creek residents noticed that the arsenic level was increasing

· It would not take long for our river system to be affected by poisoning from the mining

· Asks Councillors to research what happened 20 years ago at upper Buccrabendinni.

8 Jan Grant

· Was told she provided wrong address, where does the community of South Arm begin (lives at 1820 South Arm Road, South Arm)

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

ITEM 9.1 SF959 281113 Outstanding Actions and Reports

10/13 RESOLVED: (Smyth/Morrison)

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

ITEM 9.2 SF92 281113 Request to Reinstate the Nambucca Heads Rail Stop - Response from Transport for NSW

MOTION (Smyth/Ainsworth)

That the information be received by Council.

Amendment: (Flack/Smyth)

That the information be received by Council and that Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.

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

11/13 Resolved: (Flack/Smyth)

That the information be received by Council and that Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.

12/13 Resolved: (Morrison/Ainsworth)

That Council does not believe this statement that there is no alternative path and that the stopping of trains for one minute cannot be accommodated within the timetable system and that Council be provided the reason for this statement.

ITEM 9.3 SF1104 281113 Exploration Activities of Any Sort in the Nambucca Valley

13/13 RESOLVED: (Ainsworth/Finlayson)

That Council note the advice from Precious Metal Resources Limited that exploration activities on EL 8016 have not included ground activities and have been limited to desktop study.

ITEM 9.4 SF251 281113 Juvenile Crime

14/13 RESOLVED: (Flack/Smyth)

That the information provided by the Hon Michael Gallacher MLC Minister for Police and Emergency Services concerning juvenile crime and antisocial behaviour in the Macksville area be received.

ITEM 9.5 SF688 281113 Environmental Levy - Project Update

15/13 RESOLVED: (Ainsworth/Flack)

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.

4 That heritage grant funding be funded from Section 94 or 94a contributions and be removed from the environmental levy line items and if this is not possible a report come back to Council.

16/13 Resolved: (Flack/Smyth)

That Council receive a report regarding Our Living Coast program and the website with regard to program delivery and the benefits to the Nambucca Shire.

Mayor Cr Hoban left the meeting for this item at 8.22 pm and returned after the conclusion at 8.25 pm.

Deputy Mayor Cr Ainsworth took the Chair for the duration of this item and until Cr Hoban’s returned.

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

17/13 RESOLVED: (Flack/Smyth)

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

ITEM 9.7 LF2974 281113 Request for Council support in relation to an invitation for the OEH to acquire land at 31 Tuna St Valla Beach

18/13 RESOLVED: (Flack/Smyth)

That Council provide a letter of support to the landholder in relation to any request they may make to the Office of Environment and Heritage to purchase land for conservation purposes at 31 Tuna Street Valla Beach.

ITEM 9.8 SF453 281113 Coffs Coast Waste Service - Response from Bellingen Council

19/13 RESOLVED: (Flack/Smyth)

That the information from Bellingen Shire Council in relation to the biomass recovery of organic material and the participation of elected representatives in future waste meetings be received.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 281113 Schedule of Council Public Meetings

20/13 RESOLVED: (Flack/Morrison)

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

ITEM 10.2 SF337 281113 Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 23 October 2013

21/13 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Sports Reserve Annual General Meeting held on 23 October 2013 and thank the Committee for their continued good work in the past twelve months.

ITEM 10.3 SF335 281113 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 12 November 2013

22/13 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 12 November 2013 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.4 SF306 281113 Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 10 November 2013

23/13 RESOLVED: (Flack/Morrison)

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 10 November 2013 and thank the outgoing Committee for their work in the past twelve months; and that the Committee’s Treasurer be informed that Council complimented her on a well presented financial report.

ITEM 10.5 SF341 281113 Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 18 November 2013

24/13 RESOLVED: (Flack/Ainsworth)

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 18 November 2013 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Corporate Services Report – LATE

ITEM 10.6 SF1869 281113 September 2013 Budget Review

25/13 RESOLVED: (Ainsworth/MacDonald)

1 That the budget review for the quarter ended 30 September, 2013 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2013/2014.

Assistant General Manager Corporate Services Report – LATE

Assistant General Manager Engineering Services Report

ITEM 11.1 SF843 281113 Vehicular Access To Beaches Committee

26/13 RESOLVED: (Flack/Ainsworth)

1 That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 8 November 2013 be received and noted.

2 That Council write to local and coastal community associations informing them that Council are seeking nominations for volunteer beach rangers and that this be put in their meeting agendas or newsletters together with information providing a link to Council’s website.

3 That Council include an article seeking nominates for volunteer beach rangers in the next newsletter accompanying Council’s rates notices and also place the request on Council’s website.

4 That Council request the Manager Development & Environment to provide a report to the Vehicular Access Beaches Committee meetings from the rangers detailing their activities on beach tracks and beaches, including the number of hours, warnings issues, infringement notices issued and suggestions for improved monitoring and compliance.

Cr Macdonald left the meeting for item 11.2 and 11.2 at 8.53 pm and returned after the conclusion of item 11.3 at 8.57 pm/

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

27/13 RESOLVED: (Finlayson/Ainsworth)

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.

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

28/13 RESOLVED: (Ainsworth/Finlayson)

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.

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

29/13 RESOLVED: (Finlayson/Ainsworth)

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.

Cr Ainsworth and Cr Finlayson left the meeting for this item at 8.58 pm and returned after the conclusion of the item at 8.59 pm.

ITEM 10.7 SF1120 281113 Boulton's Crossing Funding Offer - Council Acceptance Required

30/13 RESOLVED: (Morrison/Flack)

That Council accept the funding offer of $111,000 through Crown Lands’ Public Reserve Management Fund (PRMF) for an amenities building and two barbeques at Boulton’s Crossing (Gumma) Campground.

Assistant General Manager Engineering Services Report – LATE

ITEM 11.5 DA2013/127 281113 Request for modification to Council footpath adjacent to 35 - 39 Valla Beach Road, Valla Beach

31/13 RESOLVED: (Flack/Ainsworth)

That Council advise the owners of 35-39 Valla Beach Road approval is granted to reshape the public footpath adjacent to the development site to create a batter on Council’s land subject to a $2000 bond being provided to Council which will be returned after the turf is established to Council’s satisfaction.

For the motion: Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and MacDonald (Total 8)

Against the motion: Nil

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/Ballangarry)

1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

Reason reports are in Closed Meeting:

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1815 281113 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.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1431 281113 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

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.07 pm.

RESUME IN OPEN MEETING

Resolved: (MacDonald/Ainsworth)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.08 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

Cr MacDonald left the meeting for this I tem at 9.07 pm and returned after the duration of the item at 9.08 pm

ITEM 12.1 SF1815 281113 Attachment to report in Open - Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

32/13 RESOLVED: (Flack/Smyth)

That Council note the information on the Confidential attachment.

For Confidential Business Paper in Closed Meeting

Cr Hoban left the meeting for this item at 9.11 pm and returned after the conclusion at 9.20 pm and resumed the Chair.

Cr Ainsworth took the chair for the duration of this item.

ITEM 12.2 SF1431 281113 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

33/13 RESOLVED: (Flack/Finlayson)

That Council issue and infringement Notice for $3,000 and that the proprietor of the quarry be informed that Council will seek the imposition of the larger penalty through the Land and Environment Court in the event of future breaches.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.21 pm.

Confirmed and signed by the Mayor on 11 December 2013.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 11 December 2013

General Manager

ITEM 9.1 SF959 111213 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. Grant funding application was successful and Council resolved at the 28 November 2013 meeting to accept the grant. Project will commence in 2014.

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. Work to commence in 2014.
OCTOBER 2011
3	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

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.

Early 2014.

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. Letter sent to Luke Hartsuyker on 11 November and a reply was received from Mr Hartsuyker advising that he has made representation to the Hon Warren Truss to have the matter expedited, (a copy of the letter was provided to Councillors week ending 6 December) The GM was contacted by Raphael Miller Freight & Regional Development Transport for NSW seeking further information from Council on the issues expressed in the Council’s letter to Minister Gay and offered to assist Council with establishing a business case for the project and recommend potential options for funding. Email reply sent to Raphael Miller from GM on Thursday 28/11/12.
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. Design has been released with an on/off ramp north of Macksville. There is no money in the current budget to complete the works.

JULY 2013
7	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
8	~~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.~~
9	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.
10	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. Staff on leave during December – deferred until February 2014.
11	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
12	~~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.~~
13	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
14	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.
15	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.
16	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.
17	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.	GM	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
18	~~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
19	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.
20	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.
21	~~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~~
22	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.
23	SF1496	13/11/2013	That Council write to NSW Fisheries about our desire to close the river to commercial fishing and letting them do some of the work of contacting relevant people concerning their reactions to such a proposal.	GM SP	Grant Nelson wrote to Fisheries on 6/11/13 (28076/2013), no response to date
24	SF757	28/11/2013	That Council receive a report on existing monitoring and advice as to what monitoring would be required to establish baseline information should it ever be required in relation to any mining activity within the Shire.	AGMES	Report to February 2014 Council meeting. November 2013, letter sent to Lock the Nambucca Valley (LNV) emanating from November Council meeting advising of test results.
25	SF642	28/11/2013	That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.	AGMES	Report to March 2014 meeting.
26	S92	28/11/2013	That Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.	GM	Letter sent to Department of Transport Tuesday 3 December 2013.
27	SF1268	29/11/2013	Council receive a report regarding Our Living Coast program and the website with regard to program delivery and the benefits to the Nambucca Shire.	GM	Report to January 2014 Council meeting.
28	SF1431	29/11/2013	That Council issue and infringement Notice for $3,000 and that the proprietor of the quarry be informed that ‘Council will seek the imposition of the larger penalty through the Land and Environment Court in the event of future breaches’.	GM	Infringement notice issued Wednesday 4 December 2013 as well as a letter advising that Council will seek the imposition of the larger penalty through the Land and Environment Court in the event of future breaches’.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 11 December 2013

General Manager's Report

ITEM 9.2 SF1830 111213 Companion Animal Management & Options to Improve Animal Welfare & Housing

AUTHOR/ENQUIRIES: Paul Guy, Manager Development and Environment

Summary:

At Council’s meeting on 11 September 2013 it was resolved that a report come back to Council regarding companion animal management and options to improve animal welfare and housing and possible options to improve Council’s performance including the consideration of initiatives by other councils.

Recommendation:

That Council note the gradual decline in euthanasia rates, reasons for euthanasia and endorse the actions of the Development and Environment section in attempting to ensure more animals are released or sold.

OPTIONS:

That Council consider in future budgets a significant upgrade of the existing pound facility.

DISCUSSION:

The following accurate figures are presented to represent a gradual improvement in pound activities over the last few years:

1 July 2011 - 30 June 2012 - During this period a total of 156 dogs were processed by Beach to Bush Animal Control through the Macksville pound. There were 7 dogs in the pound from the previous year and 2 dogs still in the pound at the end of the year which explains the discrepancy of 5 dogs when totaling the figures below:

These 156 incoming dogs comprised of the following:

· 104 – Seized

· 18 – Surrendered by their owners

· 34 – Abandoned or stray

156 – Total

These 156 dogs were processed in the following manner:

· 41 – Returned to owner instead of being impounded as they were identified

· 10 – Released to owner for pound and release fees

· 2 – Stolen from the pound

· 4 – Sold

· 14 – Euthanaised at owners request

· 8 – Euthanaised feral or infant animal

· 25 – Euthanaised unsuitable to re-home

· 57 – Euthanaised unable to re-home

Summary July 2011 – June 2012

Dogs - In the 2011 – 2012 year 156 dogs were processed. 104 of these were euthanaised, however 47 of these were either unsuitable to re-home, infant/feral or destroyed at their owners request. 57 were euthanaised as we were unable to re-home them.

Cats – In the 2011 – 2012 year 30 cats were processed. 30 of these were euthanaised, however 11 of these were feral, 3 were unsuitable to re-home and 1 was destroyed at owner’s request. 15 were destroyed as we were unable to re-home them.

1 July 2012 – 30 June 2013 - During this period a total of 114 dogs were processed by Beach to Bush Animal Control through the Macksville pound. There were 2 dogs in the pound from the previous year and 1 dog still in the pound at the end of the year which explains the discrepancy of 1 dog when totaling the figures below.

These 114 incoming dogs comprised of the following:

· 47 – Seized

· 36 – Surrendered by their owners

· 31 – Abandoned or stray

These 114 dogs were processed in the following manner:

· 28 – Returned to owner instead of being impounded as they were identified

· 15 – Released to owner for pound and release fees

· 3 – Sold

· 3 – Euthanaised dangerous dog

· 7 – Euthanaised at owners request

· 5 – Euthanaised due to illness or injury

· 3 – Euthanaised feral or infant animal

· 24 – Euthanaised unsuitable to re-home

· 27 – Euthanaised unable to re-home

Summary July 2012 – June 2013

Dogs - In the 2012 – 2013 year 114 dogs were processed. 69 of these were euthanaised, however 42 of these were either unsuitable to re-home, infant/feral, ill or injured, dangerous, or destroyed at their owners request. 27 were euthanaised as we were unable to re-home them.

Cats – In the 2012 – 2013 year 26 cats were processed. 1 was still in the pound from the previous year explaining the discrepancy of 1 cat in the figures. 26 of these were euthanaised, however 12 of these were feral, 5 were unsuitable to re-home, 1 due to illness/disease and 4 were destroyed at owner’s request. 1 was released to its owner. 4 were destroyed as we were unable to re-home them.

1 July 2013 – 30 November 2013 - During this period a total of 57 were processed by Beach to Bush Animal Control and the Council Ranger through the Macksville pound. There was 1 dog in the pound from the previous year and 5 dogs still in the pound at the end of November 2013 which explains the discrepancy of 4 dogs when totaling the figures below.

These 57 incoming dogs comprised of the following:

· 28 – Seized

· 13– Surrendered by their owners

· 16 – Abandoned or stray

These 57 dogs were processed in the following manner:

· 15 – Returned to owner instead of being impounded as they were identified

· 13 – Released to owner for pound and release fees

· 4 – Sold

· 2 – Euthanaised dangerous dog

· 9 – Euthanaised at owners request

· 7 – Euthanaised unsuitable to re-home

· 2 – Euthanaised unable to re-home

· 1 – Died in the Pound

The contract with Beach to Bush Animal Control was terminated on 30 September 2013 and Council now undertakes the work inhouse.

Summary July 2013 – November 2013 YTD

Dogs - In July 2013 – November 2013 YTD 57 dogs were processed. 20 of these were euthanaised, however 18 of these were either unsuitable to re-home, infant/feral, ill or injured, dangerous, or destroyed at their owners request. 2 were euthanaised as we were unable to re-home them.

Cats – In July 2013 – November 2013 YTD 14 cats were processed. 12 of these were euthanaised, however 10 of these were feral and 2 were unsuitable to re-home, 1 was unable to be re-homed. 1 was released to its owner for pound fees and 1 was returned to its owner.

The prior reporting on pound activities clearly demonstrates that recent submissions to council are inaccurate and misleading. One of these submissions stated that 115 dogs entered the pound in 2011 – 2012 and 104 were euthanaised. As can be clearly seen by the preceding figures which were extracted from the DLG Survey of Council Seizures of Cats and Dogs the figures in these submissions can be misleading unless all seizure activities are taken into consideration.

There were actually 156 dogs processed with 104 of these being euthanaised.

These numbers must also be taken in context as some euthanaised animals were unsuitable to re-home, feral/infant or surrendered by their owners because of serious behavioral issues or were aggressive/dangerous.

It can also be seen by comparing the 2011 – 2012 year to the 2012 – 2013 year and the 2013 - 2014 year to date figures that the community awareness and education programs that have been conducted by Beach to Bush Animal Control and now Council are having a positive effect. The preceding figures are proof of this.

As with all education/awareness programs it takes time to change deep rooted attitudes and the results are usually achieved exponentially, as is the case here.

Many pounds in NSW are managed by the RSPCA and not by the local council which allows the animals to be kept for longer periods of time and there is greater opportunity for RSPCA affiliated councils to re-house animals.

Larger councils also have a greater population and usually have access to local animal rescue organisations. There are no registered rescue organisations in our local area. Note that contact was established with Newcastle animal rescue who were interested in operating in this area however that has not evolved further. Council had an illegal operator within the shire who continually denigrated council staff on his facebook site. He has been contacted personally and in correspondence on several occasions with offers of assistance in setting up a legal operation to meet statutory requirements spelt out.

The Coffs Harbour RSPCA will not take animals from our pound. In fact it has been reported that on numerous occasions when residents of the Nambucca Shire have contacted the Coffs Harbour RSPCA to surrender an animal they have been told to take it to their local pound.

Note that Council is severely restricted in how long impounded dogs can be kept as there are only eight cages in which to house them. Some cages must be kept free for incoming dogs by euthanaising animals that could possibly have been be re-homed had they been kept for a longer period of time. The same problem is experienced with the cat cages as they are severely limited in holding capacity.

This matter could only be resolved by the demolition (due to the age, condition and out dated construction) and reconstruction of a larger modern facility at significant cost to Council.

Following is a list of processes formulated and introduced since the control of companion animals was taken off contract and brought in-house.

Process to Pro-Actively Increase the Number of Microchipped Dogs

Dog with microchip found roaming free in public place – dog seized:

· Scan revealed dog is microchipped – access Companion Animal Register on mobile device (iPhone/iPad), contact owner.

· If dog is lifetime registered – return dog to owner.

· Issue verbal warning and educate owner on their responsibilities of dog ownership under the CA Act.

· Any future breaches – issue PIN.

· If dog is not lifetime registered – return dog to owner.

· Issue verbal warning and educate owner on their responsibilities under the CA Act regarding lifetime registration/roaming.

· Give the owner 14 days to Lifetime Register the dog.

· If dog is not Lifetime Registered within 14 Send written notice to owner to have dog Lifetime registered within 28 days.

· If dog is not Lifetime registered within 28 days – issue PIN - Not comply with notice to register animal – CAA-10B(2).

· Any further breaches – issue PIN.

Dog with no microchip found roaming free in public place – dog followed home, or enquiries have found owner of dog:

· Scan revealed dog is not microchipped.

· Issue verbal warning and educate owner on their responsibilities under the CA Act regarding micro chipping/lifetime registration/roaming.

· Offer to microchip the dog immediately at their premises for a fee of $25.00

· If the owner agrees to microchip the dog immediately – Ranger to microchip the dog and receipt owner.

· Give the owner 14 days to Lifetime Register the dog.

· If dog is not Lifetime Registered within 14 days - Send written notice to have the dog Lifetime Registered within 28 days.

· If dog is not Lifetime Registered within 28 days – issue PIN - Not comply with notice to register animal – CAA-10B(2).

· If the owner does not agree to have the dog microchipped immediately - give them 14 days to have a microchip implanted and the dog lifetime registered.

· If the dog is microchipped within 14 days but not lifetime registered –Send written notice to have dog lifetime registered within 28 days.

· If the dog is not Lifetime Registered within 28 days – issue PIN – Not comply with notice to register animal – CAA-10B(2).

· If the dog is not microchipped and lifetime registered within 14 days –Send written notice to have dog microchipped and lifetime registered within 28 days.

· If dog is not microchipped and lifetime registered within 28 days – Issue PIN - Not comply with notice to register animal – CAA-10B(2).

Methods to Increase Sale of Animals from Pound and Reduce Euthanasia Rates

Upgrade Pound – The pound currently consists of eight dog cages and one cat cage with 2 separate enclosures. This means we can hold eight dogs at one time and 3 cats. If the pound is to keep animals for a longer period of time then ideally the size of the pound would need to be increased by 50%.

Even if an increase in size is not possible the pound still needs to be modified to comply with best practice. These upgrades include extending the height of the dividing walls so the dogs cannot see or contact each other between cages which will reduce the possibility of disease transmission and aggression towards the neighboring animal. The floors and walls need to be resealed with a non-porous and non-slip sealer to facilitate proper cleaning and to reduce disease transmission. The beds in the dog enclosures need to be replaced.

Upgrade Council Website – The Council website should be used as an outlet to advertise impounded dogs for sale. The dogs would be photographed and entered onto the web page after they have been in the pound for two days. We would then write a description of each dog to go with the photo and explain the dog will be available to purchase in seven days if it remains unclaimed. This is also a good medium for owners of lost dogs to see if their dog has been impounded without actually going to the pound.

The Hills Shire in Sydney has a website that does this effectively and something similar would increase the re-homing rate of animals from the Macksville Pound.

Education – Councils ranger is constantly educating the public on proper management of their companion animals. Each time a complaint is attended or a patrol is conducted discussion with the animal owner is entered into advising their obligations under the Companion Animal Act and methods of compliance. The location of the leash free areas and their responsibilities while their animal is in a public place is made known.

Beach to Bush Animal Control has delivered information sessions to the View Club, the residents of the White Albatross Caravan Park and conducted in house training for council’s outdoor staff.

Council has been approached by a Nambucca Heads preschool to conduct an information session on companion animals next year. This session would include proper care of the children’s pets and also methods of reducing the possibility of becoming a victim of a dog attack.

This is also an effective way of having children educate their parents regarding responsible pet ownership.

Reduce the Cost of Purchasing an Animal from the Pound - There are many people who like the idea of rescuing an animal from a pound. Many of these caring people still believe this can be done at no cost and don’t go ahead with the rescue when they are made aware of the price of purchasing a pound animal. All animals purchased from a pound must be microchipped, desexed and lifetime registered. In the past a C3 vaccination was included in the purchase price. These fees have now reduced with the price of micro chipping the animal and have made the C3 vaccination an option. This has reduced the purchase price of an animal by $81.00. The fees for desexing are discounted by the local vet surgeries and have not been increased since 28 March 2011. The purchaser is now responsible for vaccinating the animal as advised by the vet at time of desexing.

To remove a companion animal from the pound animals have been released without pound keeping fees to owners who demonstrate their inability to pay or owners have been placed on a payment plan Council endorsement of this practice is sought.

CONSULTATION:

Consideration of a submission from a concerned member of the public.

SUSTAINABILITY ASSESSMENT:

Environment

Improved operations minimise impact on the environment.

Social

A topic that a large percentage of the population are very passionate about.

Economic

Companion animal control is a considerable time consuming activity with little economic return to Council.

Risk

Proper regulatory control of companion animals and removal of menacing or dangerous dogs improves the safety of the broader community especially children.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Upgrade of the current facility will have a direct impact on current and future budgets

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Companion animal control is a considerable time consuming activity for all levels of the organisation

IT support with the upgrading of the web page will be required.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 11 December 2013

General Manager's Report

ITEM 9.3 SF1823 111213 Boultons Crossing (Gumma Reserve)

AUTHOR/ENQUIRIES: Paul Guy, Manager Development and Environment

Summary:

This report has been compiled to answer questions stemming from the report submitted to Council 13 September 2013 with regard to licensing Gumma Reserve as a Primitive Camping Ground in accordance with Section 68 of the Local Government Act and the requirements of the Local Government (Manufactured Homes estates, caravan parks, camping grounds and moveable dwellings - LGMHE, CP, CG & MD) Regulation 2005, i.e., (a) confirmation with respect to the definition of Primitive Camping Ground and (b) the maximum density of the reserve.

Recommendation:

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 allocation within the reserve in the designated camp sites of 60 combination camper vehicles/caravans and tents with a maximum of 30 camper vehicles/caravans at any one time.

OPTIONS:

1 That Council pursue licencing as a caravan park and camping ground and prepare an objection to requirements in the Regulations (as later reported) for concurrence of the Director General; or

2 Reduce the above figures by 33% to reflect the concept of smaller sites for quieter camping

3 Reduce the size of the designated camp sites to around 100m² in conjunction with advice received from Department of Planning and enforce setback requirements which will determine the number of campers at any one time – approximately 16 camper vehicles/caravans or 28-30 tents or variable combined

4 Close the reserve for day use only

DISCUSSION:

Previous reports to Council recommended that the above reserve be licensed as a Primitive Camping Ground where sites are designated however Council deferred the matter on two occasions questioning the definition with the resolution being passed on the 13 September 2013 “That the matter be deferred so Council can see confirmation from either the Department of Planning and Infrastructure or Division of Local Government that the Council staff interpretation is correct”.

Attached(Trim document 30666/2013) is the response from Department of Planning which answers the question affirming the definition of a Primitive Camping Ground with designated camp sites to be correct but introduces elements that are contradictory to Department of Planning Circulars.as well as advising that the legislation does not mention number of campers.

Extract Planning Circular 06-001- Regulating density where camp sites are designated

The new Regulation does not stipulate a minimum or maximum size for a designated camp site. In Planning Circular PS 05-007 the Department suggested sites should be fairly small to encourage the quiet enjoyment of camping. It is acknowledged, however, that some variety in size and configuration of camp sites may be appropriate so as to accommodate different group sizes, the lie of the land and other factors.

Further the response states that the Regulations do no mention delineating a maximum number of users – rightly so however this was done to be concise about camping allocations and to ease of administration.

Note that the figure of 100m² for density as recommended by Department of Planning does not appear in any legislation or previous circulars specific to this matter and when setbacks between different types of campers are introduced for example 100m²= 20 x 5 metre would allow 4 camping vehicle/caravans with 6m setbacks or 7 tents with 3.0 metre setbacks– as previously shown the Department of Planning suggests that the sites be reasonably small to encourage the quiet enjoyment of camping.

Based on the historic use of the reserve, reaction to its potential closure, and the perceived expectations of Council larger designated site areas were used (200m² –560m²).

When the density of the reserve was worked out previously the designated sites were divided in parcels of 10m wide and a result of 30 allocations for camping vehicles was extrapolated. (10) metres wide was appropriate to cater for setback of camping vehicles and the length was as existed on site if sites were laid out along the road. As tents had half the setback distance and it was known that this was the main mode of camping in holiday periods plus there was more flexibility in layout a maximum of 60 camping allocations was introduced with an absolute max of 30 camping vehicles in the mix. This was felt reasonable given the assumption that the reserve would not be subject to 30 camping vehicles at any one time.

Council may in consideration of the requirement for smaller sites and relinquishing historic use may reduce the prior mentioned figures by 33%.

CONSULTATION:

Correspondence as attached from Department of Planning

SUSTAINABILITY ASSESSMENT:

Environment

The control of the reserve as a primitive camping site will prevent access or disturbance to sensitive areas and maintain the park in an ecologically sustainable manner.

Social

The recommendations should meet the expectations of people who use the Reserve for camping. The proposed cap on the maximum number of sites may affect attendance at peak holiday times, but the level of service will continue largely unaltered.

Economic

A primitive camping area significantly reduces Council’s expenditure on upgrade and maintenance

Risk

If Council seeks to allow the park to remain open to campers then the risks to people and the environment have to be managed.

FINANCIAL IMPLICATIONS:

As previously reported –

Note that Council Manager Business Development has procured $111,000.00 from Crown Reserve Trust funding to facilitate reserve improvements

Direct and indirect impact on current and future budgets

See above

Source of fund and any variance to working funds

See above

Service level changes and resourcing/staff implications

See above

Attachments:

There are no attachments for this report.

Ordinary Council Meeting - 11 December 2013

Private Swimming Pools - Inspection Regime

SWIMMING POOL INSPECTION PROGRAM

Adoption Date: DRAFT

Review Date: As required

Responsible Department: Development and Environment

1. PROGRAM OBJECTIVES:

The objectives of the swimming pool inspection program are to:

Ø Increase public awareness of swimming pool safety.

Ø Reduce the potential for infant drowning and near drowning events in backyard swimming pools as a result of non-compliant pool safety barriers within Nambucca Shire.

Ø Implement an inspection program that effectively meets Council’s obligations under the Swimming Pools Act and Regulations.

2. BACKGROUND:

In 2013, the NSW Government implemented a number of changes to swimming pool legislation relating to the operation of swimming pools on private property. These changes were prompted by ongoing significant numbers of preventable drowning’s, and near drowning incidents associated with privately owned swimming pools throughout NSW. Such incidents have been associated with a relatively high rate of non-compliant swimming pool barriers.

The recent amendments to the Swimming Pools Act require, amongst other things, that NSW councils develop and implement a locally developed swimming pool barrier inspection program for privately owned swimming pools within their Local Government area. This program must be developed to commence implementation by 29 October 2013. Councils are then required to inspect swimming pools in accordance with their adopted program and issue a Certificate of Compliance following satisfactory inspection of the swimming pool barrier.

To what properties does this policy apply?

This policy applies to swimming pools (both outdoor and indoor) and spas that are

situated or installed, on premises on which a residential building, a moveable

dwelling or tourist and visitor accommodation is located, but does not apply to

swimming pools and spas that are situated, or proposed to be constructed or

installed, on any premises occupied by the Crown or by a public authority.

Pool Registration

Under the Swimming Pools Amendment Act 2012, the owner of the premises on which a swimming pool is situated must register their pool on an online register provided by the Division of Local Government by no later than 29 October 2013. The register can be found at www.swimmingpoolregister.nsw.gov.au.

What is a pool ‘Certificate of Compliance’ and how can I obtain one?

An application form and payment of the associated fees must be submitted to Council prior to arranging a Certificate of Compliance inspection. A Certificate of Compliance is issued once a pool has been inspected and found to be compliant with the relevant pool safety barrier requirements. The certificate is valid for a period of three (3) years from the date of issue. Swimming pools may be inspected more frequently if a complaint has been received with respect to pool safety or there is good reason to suspect the pool no longer complies with the pool safety requirements.

What happens if a pool ‘Certificate of Compliance’ cannot be issued?

A pool ‘Certificate of Compliance’ cannot be issued if the pool fails to meet the various requirements under the applicable standards and/or is not registered. Under such circumstances Council may issue a Notice specifying the works required. If the works are not undertaken or the pool cannot pass a subsequent inspection then a Direction or Penalty Infringement Notice may be issued. Failure to achieve compliance could result in Council pursuing further legal action.

Relevant Legislation and Standards

The legislation, regulation and standards that apply to this Swimming Pool Inspection Program include:

· Swimming Pools Act 1992

· Swimming Pools Regulation 2008

· Swimming Pools Amendment Act 2012

· Swimming Pools Amendment (Consequential Amendments) Regulation 2013

· Building Code of Australia

· Australian Standards AS1926.1

· Australian Standards AS1926.2

3. PROGRAM ELEMENTS:

Swimming Pool Inspection Regime

Council staff will inspect properties with swimming pools under the following circumstances:

i. Inspection as a result of a complaint (Section 29A)

Section 29A of the Swimming Pools Act requires Council to commence an

investigation within three (72 hours) working days of a written complaint being made.

ii. Inspection at the request of a pool owner – General (section 22C (1))

Section 22C (1) of the Swimming Pools Act requires Council or an accredited certifier to carry out an inspection of swimming pool upon request of a pool owner. The inspection must be carried out within a reasonable time.

iii. Inspection at the request of a pool owner – sale or lease (Section 22C (3))

From 29 April 2014, Section 22C (3) of the Swimming Pools Act requires Council to carry out an inspection of a swimming pool that is being sold or leased where a valid certificate of compliance or a relevant occupation certificate has not been issued within the last three years. Such an inspection is to be undertaken within ten working days of a written request.

iv. Inspection of tourist, visitor, multi occupancy development (Section

22B (2))

From 29 April 2014, Section 22B (2) requires that council must make provision for the inspection, at least once every three years, of a swimming pool situated on a premise on which there is a tourist or visitor accommodation or more that two dwellings.

Pools included within this section include backpacker accommodation, bed and breakfast, hotels, motels, serviced apartments and residences of more than two occupancies.

v. Non-mandatory inspections

From 29 October 2013 and where staff resources permit, Council shall inspect other non-mandatory residential properties that contain swimming pools as part of a proactive program to improve the level of compliance of pool safety barriers as an attempt to curtail incidence of infant drowning’s or near drowning’s within the Nambucca Shire.

The proactive inspection program will incorporate a risk based approach involving the following:

1) Inspections of unauthorised swimming pools

Periodically, Council obtains recent aerial photography of urban and rural areas within the Nambucca Shire. This can be utilised to determine whether there is a swimming pool present on private property. Council will review new aerial photography to check for any unauthorized pools. Appropriate regulatory compliance action will be undertaken once it is established that a pool has been installed on private property without the prior consent of Council.

2) Inspection of Development Applications which have not been finalised Inspection of swimming pools where development consent has been granted but there is no record of an occupation certificate being issued.

3) Inspection of registered and unregistered swimming pools

Council will compare its records with the public register held by the Division of Local Government to identify swimming pools which have not been registered. Council will contact the owners of unregistered pools in writing to arrange a suitable time for an inspection. If no contact is made Council will then utilise its entry powers under the Swimming Pools Act and Local Government Act to inspect these swimming pools and the surrounding child resistant barrier.

4. Enforcement PROCEDURES

The Swimming Pools Act 1992 has very specific provisions in terms of pool safety compliance. Specifically for taking action after investigations, the Notices, Directions,

Penalty Infringement Notices and Offences provisions under the Act are applicable.

In addition, the following procedures will generally apply:

i. Where required, Council will give notice to the owner of a swimming pool of an impending inspection of the premises,

ii. Swimming pools and barriers will be inspected by Council’s officer in the

presence of owners or their representatives (if requested),

iii. Photos and/or videos may be taken of the pool fence for record purposes and/or evidence gathering,

iv. Where it is identified there are outstanding pool safety matters, Council will issue

a Notice of Intention, followed by a Direction under Section 23 of the Swimming

Pools Act. Where there is an immediate safety threat a Direction will be served

without a preceding Notice of Intention,

v. The Direction will outline what works are required and give a prescribed period of

time for the works to be completed. Council may review the time period for completion where it is considered reasonable to do so. All requests for extension

in time are to be in writing and must provide reasons for such a request, including a schedule for completion of the works if appropriate,

vi. An owner who is the recipient of a Direction has a right of appeal to the Land &

Environment Court,

vii. Failure to carry out the works within the prescribed period may result in the issue of penalty infringement notices and/or the instigation of legal proceedings to enforce Council’s Direction,

viii. Inspection fees will be charged in accordance with Council’s Schedule of Fees and Charges and the requirements of the Swimming Pools Act and Regulations thereunder.

Council will view pool safety offences as serious and issue Notices and Directions as

standard procedure. Penalty notices will be issued at the discretion of the authorised

officer. Prosecution may also be considered where deemed to be appropriate. A

minimal tolerance approach is considered appropriate and is consistent with other

enforcement policies by Council.

5. Fees and Charges

A registration fee is payable for those pool owners unable to register their pool themselves on the NSW Swimming Pools Register.

An inspection fee applies in the conducting of inspections under the pool inspection program. The fee is limited under the legislation. The initial fee is payable within twenty-one (21) days of the inspection with a subsequent inspection fee payable at the time of booking the first reinspection.

5.1 Registration fee

At time of gazettal of the Swimming Pool Regulation (April 2013) a maximum fee of $10 is payable where a pool owner requests a council to update the register on his/her behalf.

5.2 Inspection fee

Council will not charge a fee higher than that prescribed by the Swimming Pools Act and Regulations. At time of gazettal of the Swimming Pool Regulation (April 2013) a maximum initial inspection fee of $150 is payable and a second inspection fee of $100 is payable. No fee may be charged for further inspections.

5.3 Penalties

There are a number of offences under the Act which attract fines, as follows:

Offence under the Act

Penalty Notice

(issued by

Council)

Court maximum penalty

section 7 (1): Failure to comply with general requirements for outdoor pools associated with dwelling

$550

50 penalty units = $5,500

section 12: Failure to comply with general requirements for outdoor pools associated with movable dwelling and tourist and visitor accommodation

$550

50 penalty units = $5,500

section 14: Failure to comply with general requirements for indoor pools

$550

50 penalty units = $5,500

section 15 (1): Failure to maintain child-resistant barrier

$550

50 penalty units = $5,500

section 16: Failure of occupier to keep access to pool securely closed

$550

50 penalty units = $5,500

section 17 (1): Failure to display or maintain prescribed warning notice near pool

$110

5 penalty units = $550

section 23 (3): Failure to comply with direction (pool safety order)

$550

50 penalty units = $5,500

section 30B (1): Failure to register a pool

$220

20 penalty units = $2,200

This program does not prevent council from issuing penalty infringement notices for a breach of the Swimming Pools Act and Regulation.

Dictionary

Barrier: means a fence or a wall, and includes:

(a) any gate or door set in the fence or wall, and

(b) any other structure or thing declared by the regulations to be a barrier for the

purposes of the Swimming Pools Act.

Certificate of Compliance: means a certificate issued under section 22D of the Swimming

Pools Act.

Direction - The local authority may, by order in writing served on the owner of any premises in or on which a swimming pool is situated, direct the owner to take, within such reasonable time as is specified in the direction, such measures as are so specified to ensure that the swimming pool or premises comply with the requirements of Part 2 of the Swimming Pools Act.

Emergency Direction - A direction given where there is serious risk to safety. An emergency direction can require immediate action without service of a notice of intention beforehand.

Notice of intention – Before giving a direction, the local authority who gives the direction must give notice to the person to whom the direction is proposed to be given of the intention to give the direction.

Occupation certificate in respect of a swimming pool means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.

Residential building means a building (such as a dwelling-house, residential flat building or boarding-house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to any such building, but does not

include:

(a) a building that merely forms part of a complex of buildings (such as a school or

recreational centre) that is principally used for non-residential purposes, or

(b) a moveable dwelling, or

(d) a shed that is ancillary to a swimming pool and the primary purpose of which is to store

equipment that is used in connection with the swimming pool (but not a shed of a kind

prescribed by the regulations), or

(e) a building or structure of a kind prescribed by the regulations.

Spa pool includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

Swimming pool means an excavation, structure or vessel:

(a) that is capable of being filled with water to a depth greater than 300 millimetres, and

(b) that is solely or principally used, or that is designed, manufactured or adapted to be

solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of the Swimming Pools Act.

Ordinary Council Meeting 11 December 2013

General Manager's Report

ITEM 9.5 DA2013/092 111213 Planning Proposal rezoning and reclassification and DA2013/092 Proposed Healthone Facility and Subdivision

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to advise Council of the results of the exhibition of Planning Proposal and Development Application for the proposed Health Services Facility at EJ Biffin Fields. The report requires a determination in regards to the LEP amendment. The development application cannot be determined until the LEP amendment is made, nevertheless Council is requested to support in principle the draft conditions of consent so they can be forwarded to MNCLHD for consideration.

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

Recommendation:

1 That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal (LEP amendment no 15), associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

2 That those persons/agencies who made submissions be advised of Council's decision.

3 That Council formally thank Ms Liz Jeremy, General Manager of Bellingen Shire Council for her conducting the public hearing.

4 That Council support in principle the draft conditions of consent prepared for this development so that they can be forwarded to Mid North Coast Local Health District for consideration in accordance with the requirements of clause 89 of the Environmental Planning and Assessment Act 1979.

5 That following agreement of the applicant or Minister to the draft conditions of consent and the making of the plan that consent be released under delegated authority.

6 That Council receive a further report regarding any future sale of the land to Mid North Coast Local Health District.

OPTIONS:

Council may choose not to support the LEP amendment.

DISCUSSION:

Details of Proposal

There are two parts to this proposal:

1. An LEP amendment for the rezoning of the land to allow a Health Services Facility and a reclassification of part Lot 1 DP1004209 from community to operational land to allow its future disposal.

2. A development application for a Health Services Facility and subdivision to allow for the disposal of the land.

Subject Land

The land subject to these proposals is Lot 1 DP 1004209 and Lot 22 DP 1161187 Fred Brain Avenue Nambucca Heads. The land is presently zoned RE1 Public Recreation and is as part of EJ Biffin Rerserve

Background

In May 2012 the Mid North Coast Local Health District (MNCLHD) sought the support of Council for a funding application for the establishment of a Community Health Facility in Nambucca Heads. Council provided a letter of support to the application emphasizing Councils support for improved Health Outcomes for the local community and referencing the community’s relative disadvantages.

Council and MNCLHD reviewed a number of potential sites including EJ Biffin Reserve.

A report was provided to Council on 28^th March in regards to the proposed facility and the preferred location at EJ Biffin Reserve. Council resolved to proceed with the rezoning and reclassification subject to a number of considerations. One of the key considerations being the configuration of the proposed facility.

Since this time Council and the consultants acting on behalf MNCLHD refined the plans through a negotiation process. Also, Council submitted a planning proposal to reclassify a portion of the community classified land and rezone the land to SP2 Infrastructure Zone to permit a Health Services Facility.

In relation to the planning proposal Council received a gateway determination from the Department of Planning on the 5 August 2013. The determination had a number of requirements including a requirement for Council to consult with the NSW Rural Fire Service which was completed and no objections to planning proposal were raised.

A Development Application for the Health Facility and subdivision was submitted to Council on the 20 August 2013. This report considers both the planning proposal and the Development Application.

MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT

In its assessment of a development application, Council is required to take into consideration the following matters:

a the provisions of

(i) any environmental planning instruments

The land is zoned RE1 Public Recreation. As a Health Services Facility is not permitted in this zone. It is required to be rezoned to SP2 Infrastructure (health services facility) to allow the proposed development. An amendment to the LEP is also required to adjust the classification of the part of the land from Community to operational in order to allow for its future disposal.

The proposed SP2 Infrastructure (health services facility) zoning will restrict the land to a single land use and ancillary operations.

The proposed development meets other standards contained in the Nambucca LEP 2010. In regards to the subdivision of the land, the land has no minimum lot size standards that are applicable.

(ii) any draft environmental planning instrument

As stated above a draft LEP amendment applies to the land. In order to allow the proposed facility, the land is to be rezoned to SP2 infrastructure (Health Services Facility). Further part of the land fronting Fred Brain Avenue will be reclassified to allow its future disposal.

(iii) any development control plan (DCP)

Nambucca Development Control Plan 2010

There are no specific requirements for Health Services Facilities in the DCP other than for car parking.

In regards to car parking the proposed development is 328.10sqm in floor area and applicant is required to provide 1 space per 40sqm of floor area (8.2 spaces). This leaves a requirement for 9 spaces (rounded up) and the proposed development provides 8 spaces. This is not considered an unreasonable variation to Councils DCP 2010 requirements given other parking available in the area. However there may be peak times when surrounding parking is limited, for this reason a condition of consent has been drafted to require the proposed future parking to be used for overflow parking or staff parking. This will require layback to be installed in the proposed driveway and the proposed future parking area identified on the plan to be provided with a gravel surface. There is enough space on site to accommodate additional parking and this could be considered further with any application for future stages of the facility.

A landscaping plan will be requested as part of the conditions of consent. Objectives of the plan will be to incorporate safer by design principles and softening of the proposed development from surrounding uses.

Other requirements of Councils DCP have been given consideration and as necessary conditions applied to the proposed development.

b the likely impacts of the development

Context and Setting

Since originally being considered by Council on the 28^th March, the design and location of the facility has been significantly amended to better suit the context and setting of the location and retain a more functional space for EJ Biffin Reserve. The following figures illustrate the various forms of the development considered through the process to achieve the final proposed development.

Option 1 Original Design and Location

Option 2 (proposed lot displayed in purple)

Option 3 (proposed Lot displayed in green)

Option 4 Final Design and Location (boundary in bold

Option 4, the final design of the proposed facility reduces the extent to which the facility encroaches into the reserve at the rear of the property by approximately 30m. It also consolidates external uses to the reserve to the north eastern corner of the property which leaves more functional reserve space as the residue to the subdivision of the land.

The proposed facility is located in a largely residential area but other community associated land uses such as the Bridge Club, the playing fields and local schools are adjacent or near to the site. In this respect the context of the facility is not out of place. MNCLHD indicate that the close proximity of the facility to schools and other amenities will help to establish positive links with their services. They also indicate that the facility should not be isolated from the community via placement within an industrial or like land use zone.

It should be noted that Health Service facilities are a permitted use in residential areas but prohibited in the general industrial zone. this has been the case within Council's planning policies for some time and it is likely to be the result of conflicts between industry associated noise, heavy vehicle traffic and the nature of health services and associated patronage.

A visual assessment was undertaken as part of the Statement of Environment Effects, it makes recommendations in regards to landscaping to soften the features of the development and assist blending it into the surrounding area.

c the suitability of the site for the development

There are no significant constraints on the site that would lead to the development being identified as unsuitable. Specific matters requiring further consideration within the assessment included the following:

Bushfire

The land is identified as being bushfire prone. The planning proposal was forwarded to the NSW RFS as part of the gateway determination requirements and no objections were raised. The proposed facility is not regarded as Special Fire Protection Purpose therefore integrated referral to the NSW RFS was not required.

Acid Sulphate Soils

The site presents class 4 Acid Sulphate Soils, however the proposal will not require works 2m below the ground surface. Potential Acid sulphate soils should not be disturbed.

Flood Prone Land

The subject land is not identified in the recently completed flood studies as being flood prone land. Some local flood/ stormwater information was passed on to the applicant during initial design.

Contamination (SEPP 55)

The gateway determination required Council to give consideration to potential contamination. There is no known history of contamination on the site and it is not recorded within Council Contaminated Land register.

SEPP 71 Coastal Protection

Land is identified as being within a coastal area under SEPP 71 however after detail consideration in the planning proposal and the Statement of Environmental Effects, the proposal is considered consistent with the provisions of the policy where they are applicable.

Geotechnical Report

A geotechnical report was submitted with the development application. It indicates the proposed development is suitable in the proposed location.

d any submissions made in accordance with the Act or the regulations

The Development Application and Planning Proposal were exhibited together in accordance with part 72K of the Environmental Planning and Assessment Act 1979. The documents were exhibited between 3 October 2013 and 1 November 2013. A public Hearing was held on the 24 October 2013.

During the exhibition period Council received a total of five (5) submissions to the proposal. The issues raised in a submission from the President of EJ Biffin playing fields prior to the exhibition period are also addressed in this report.

The minutes from the Public Hearing are included as an attachment to this report, as is the report from the public hearing prepared by the facilitator Liz Jeremy (Bellingen Shire Council). As the submissions refer to a number of matters relating to the need, use and operation of the facility the submissions were forwarded to MNCLHD for their consideration and comments. A copy of a response to submissions from MNCLHD included as Attachment.

The issues raised through submissions are provided below:

1 Concern that the existing traffic network in Newville will not accommodate additional traffic and no more development should occur here until there is more than one way out .

Planning Response:

The applicant indicates, ‘the proposal will not generate levels of traffic that would significantly impact on existing traffic conditions’ (SEE).

The road associated with the traffic network to the proposed facility designed to the standard of collector roads and local roads in Councils DCP 2010. These designs should accommodate any additional loads required by the facility. In regards to pedestrian access a condition has been drafted to connect existing pedestrian footpaths to the site.

2 Council born costs for the planning proposal could be avoided if an alternative site was selected.

Planning Response:

Council considered a report on the potential use of the site at its meeting on the 28^th March 2013 and resolved to proceed with the planning proposal to permit the activity. Council also resolved to provide in kind support to the project via the preparation of the Planning Proposal and related material. The planning proposal work is now largely complete.

3 Additional costs involved in building on alternative sites is outweighed by the communities value of the land in provide for sporting activities, and the cost of procuring land to replace that lost now or in the future. The use of alternative sites avoids interruption to any existing community activities

Planning Response:

In considering the issues on the 28^th March 2013 Council resolved to proceed with a planning proposal to permit the activity on the site. To further accommodate the facility on site the design of the facility has been amended through the assessment process. These design changes aimed at minimizing the impact on the future use of the reserve. Once complete the facility will provide significant community asset.

4 The allowance for car parking is extremely low in comparison to that required by other health care facilities in the shire. The existing parking situation in the area is contentious, and parking should be given further consideration in assessment of the proposal.

Planning response:

The proposed car parking on the site is 1 space short of meeting Councils car parking requirements under DCP 2010. There is space on the proposed land to allow additional car parking some of this land is identified as future car park for a future stage to the project. A condition of consent has been drafted to require MNCLHD to accommodate over flow or staff parking within the area identified as future parking. This area shall be graveled and a layback installed in the proposed access. Any future parking areas will be required to meet Councils DCP 2010 requirements. Further comments on parking is provided in later parts of this report.

5 Could Council consider additional consultation with local police, schools, school bus and other primary health providers to determine if other sites such as Old Coast Road would be preferred. Consultation should occur with local police and school representatives regarding conflicts between patients of the facility and surrounding uses such as sporting activities and schools.

Planning response:

Council resolved to consider the proposed site on Fred Brain Avenue for the Health Facility on the 28^th March 2013. Therefore the assessment and planning proposal relate to the merits/ suitability of this site for the proposed facility. Consideration of other sites has not be undertaken as part of this assessment.

The proposal and development application have been exhibited in accordance with statutory requirements. No additional consultation with surrounding organisations outside Councils requirements has been undertaken. MNCLHD indicate that a planning process for the needs of the Nambucca community commenced in 2004 and this involved a community consultation process. Letters of support for the project were provided to MNCLHD from:

- North Coast Medical Local;

- Durri aboriginal medical service;

- Nambucca Valley Care;

- Nambucca Shire Council;

- Andrew Stoner MP;

- Luke Hartsuyker MP; and

- NSW Oral Branch.

To ensure the relevant parties are appropriately engaged during the development of this project MNCLHD proposes to establish a Nambucca HealthOne Consultative Committee involving a range of stakeholders.

6 Fully endorse the proposal however consultation in regards to its future use has been minimal. The Nambucca Valley Dialysis Fund as been seeking a Dialysis unit in the shire since 1993. We hope this unit will be available in the shire in the near future. There is concern that the funding is being misdirected.

Planning Response:

MNCLHD have provided a response to these matters – refer to attachment

7 There has been no consultation with the local medical community to determine positive or negative effects on the current or future health services in the area;

Planning Response:

MNCLHD have provided a response to these matters – refer to attachment

8 There is concern that funding will be utilized for the construction of the facility will not be backed by services funding in order that it can be utilized

Planning Response:

MNCLHD have provided a response to these matters – refer to attachment

e the public interest

Councils original letter of support for the grant indicated the following:

‘This proposal provides a much needed Health Service facility in the township of Nambucca and will offer a range of services which will enhance the opportunity by us to improve health outcomes for all community members living in the Nambucca Shire. I am also pleased that as part of this proposal there is provision for outreach by specialist clinicians to smaller communities in the Shire like Bowraville.

The Nambucca Shire Council believes this new development of a HealthOne service at Nambucca as initiative for the Nambucca Community and a way to more forward to improve service access, integration, promote health and wellbeing in what we believe will bring better health outcomes through effective partnerships with a range of services who are partners with MNCLHD in this endeavour.’

The NSW Department of Planning and Infrastructure recently identified that the Nambucca Shire is included as one of eight local government areas in NSW expected to have 35% or more of the population at the older ages (65 years or older) (information taken from the New South Wales in the future: Preliminary 2013 population projections. Nambucca is also recognised as having a higher than average representation of disadvantaged communities which is outlined in Councils community profile.

In terms of providing a service to the local community the proposal will provide a positive contribution to the community.

Section 64 Contributions

Section 64 contributions for the proposed development apply and in accordance with Councils Developer Servicing Plan the applicable rate would be $51,336 for both water and sewer. These fees have been added to the draft conditions of consent.

Council has previously donated such fees to similar community/government based health facilities. Reference is made to the Cancer Resource Centre on the grounds of the Macksville Hopsital.

Determination

It is recommended Council proceed with the LEP amendment to permit the proposed health services facility and reclassification of part of Lot 1 DP1004209 to allow for its future disposal. Subject to the Plan being made Council will be able to determine the application.

It is noted that as the proposed development is development by the Crown (MNCLHD being a public authority). Clause 89 of the Environmental Planning and Assessment Act contains a number of provisions relating to development by the Crown including the following:

1) A consent authority (other than the Minister) must not:

(a) refuse its consent to a Crown development application, except with the approval of the Minister, or

(b) impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.

In this regard, draft conditions of consent have been prepared for this report and these conditions will be required to be forwarded to the applicant for their consideration. It is recommended Council provide in principle support to draft conditions and they be forwarded to the applicant for consideration. After consideration of this report staff will be able to use delegated authority to determine the application once the LEP amendment is made.

Council will require further reporting in regards to the future disposal of the land.

CONSULTATION:

Mid North Coast Local Health District

SUSTAINABILITY ASSESSMENT:

Environment

Environmental attributes of the site have been considered as part of the assessment process. It is unlikely the proposed development will result in a significant environment impact.

Social

A number of social issues were raised through submissions and have been considered in the body of this report. In terms of providing a service to the local community the proposal will result in a positive contribution to the community.

Economic

The facility will provide opportunities for local employment and benefits during construction period.

Risk

NIL

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Further reporting will be required on the disposal of the land, and the costs involved.

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Council provided in kind support to the planning proposal via an undertaking to prepare planning proposal material.

Attachments:

1	30766/2013 - MNCLDH comments on submissions- HealthOne Facility at Nambucca DA Submissions
2	30982/2013 - signed public hearing report and minutes of hearing
3	25692/2013 - Submission in relation to DA2013/092 - Peter Rosentreter
4	26132/2013 - Submission in relation to DA2013/092 - Paul Mackay
5	26799/2013 - DA2013/092 - Submission - Nambucca Healthcare Centre, 2-6 Willunga Avenue, Nambucca Heads
6	27124/2013 - Submission in relation to DA2013/092 - Nambucca Valley Dialysis Fund
7	27647/2013 - DA2013/092 - Addition to Submission - Nambucca Family Medical, 2-6 Willunga Avenue, Nambucca Heads
8	14734/2013 - Objection to proposed sale of land within E J Biffin Playing Fields for proposed Community Health Facility
9	30946/2013 - DA2013/92 - DRAFT Conditions - Health Services Facility and Subdivision

Ordinary Council Meeting - 11 December 2013

Planning Proposal rezoning and reclassification and DA2013/092 Proposed Healthone Facility and Subdivision

DETAILS OF CONDITIONS

GENERAL CONDITIONS OF THIS CONSENT

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

1 All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply:

a to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b to the erection of a temporary building.

Consent Granted For Works within the Road Reserve

2 This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

Work	Standard to be provided
Dual driveway	Separate entrance and exit driveways with a minimum width of 4 metres. Paving to be 150mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.
Footpath for the full frontage of the site together with a connection to the existing sealed car park at EJ Biffin fields and the existing Centenary Parade footpath	1.2m wide at a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) Offset 1.0m from back of the kerb

Development is to be in accordance with approved plans

3 The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 4/12/2013 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

Plan No/Supporting Document	Version	Prepared by	Dated
Statement of Environmental Effects	2246-1009	GEOlink	30 July 2013
Drawing numbers 635-DA01 – DA06	Issue A	Mcfadyenarchitects Pty Ltd	August 2013
Drawing No. 635-SD01	Issue A	Mcfadyenarchitects Pty Ltd	August 2013
Drawing no. NA80813307 C100	Revision 4	Cardno	July 2013
Geotechnical Report RGS30321.1-AB		Regional Geotechnical Solutions	20 June 2013

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

Separate application required for advertising structures

4 A separate application is to be submitted to, and approved by, Council prior to the erection of any advertisements or advertising structures, other than those permitted without consent by Council.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

Sediment and erosion measures required

5 The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom Manual 2004, “Managing Urban Stormwater, Soils and Construction”. 4^th Edition 2009.

The sediment and erosion control plan is to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

Trade Waste Section 68 approval required

6 An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained.

Access and facilities for persons with access disabilities

7 The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with Disability (Access to premises – Building) Standards 2010, AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

Such plans and specifications must be approved as part of the Construction Certificate.

Long Service Levy to be paid

8 A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

These payments may be made at Council’s Administration Office. Cheques are to be made payable to Nambucca Shire Council.

Waste Management Plan required

9 A waste management plan is to be submitted to and approved by Council to ensure all waste is collected, stored and disposed of to the satisfaction of Council. The plan must incorporate measures to separate recyclable materials and describe the methods for collection of waste containers from the site.

Construction Traffic Management Plan

10 Consent from Council must be obtained for a traffic management plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The plan must incorporate measures to ensure that motorists using roads adjacent to the development and residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

Landscaping plan required

11 The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Council’s Development Control Plan. The landscaping plan must incorporate:

a Safer by design principles;

b Landscape measures to assist in defining the boundary between open space and the subject land;

c The mitigation measures and safeguards recommended in the Visual Impact Assessment. (SOE GEOlink July 2013)

d location of trees identified for retention in the development application plans,

e proposed location for planted shrubs and trees,

f botanical name of shrubs and trees to be planted,

g mature height of trees to be planted,

h location of grassed and paved areas,

i locations of common tap(s) and/or irrigation system to ensure all landscape works can be adequately watered, and.

j an effective physical barrier between public spaces, vehicles, accessways, parking areas and the surrounding landscaped area.

The plan is to be prepared by a suitably qualified landscape architect who has appropriate experience and competence in landscaping.

Such plans and specifications must be approved as part of the Construction Certificate.

Car parking plans required

12 The application for a Construction Certificate is to include plans and specifications that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent. The access, parking and manoeuvring for the site are to comply with the requirements of Council’s Development Control Plan. Plans are to include, but not be limited to, the following items:

a pavement description;

b site conditions affecting the access;

c existing and design levels;

d longitudinal section from the road centreline to the car space(s);

e cross sections every 15 metres;

f drainage (pipes, pits, on-site detention, etc.);

g turning paths; and

h linemarking and signs.

The future car park area with requisite layback marked by a dashed line on plan 635-DA03 shall be constructed as a gravelled hard stand area and clearly marked as parking for the facility.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

The plans must be in compliance with Council's Adopted Engineering Standards. Such plans and specifications must be approved as part of the Construction Certificate.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

Plumbing Standards and requirements

13 All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, Plumbing and Drainage Act 2011, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

The Plumber must submit a Notice of Works (NoW) prior to any work being commenced on-site:

a No later than 20 business days before the work concerned is carried out in the case of work that requires a proposed alternative solution; or

b No later than 2 business days before the work is carried out in any other case.

Toilet facilities

14 Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer.

Site construction sign required

15 A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

a showing the name, address and telephone number of the principal certifying authority for the work, and

b showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m².

Erosion & sediment measures

16 Erosion and sedimentation controls are to be in place in accordance with the Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009. Particular attention is to be given to the provision of the following sediment and erosion control measures:

a Temporary driveway from the edge of road to the building site;

b Temporary downpipes immediately that the roof has been erected;

c Silt fence or sediment barrier.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Acid sulfate soil assessment

17 Works involving excavations beyond 2 metres below natural ground surface must not commence until an acid sulfate soil assessment has been undertaken, the assessment submitted to Council for approval and Council has approved any measures needed for the management of those soils. This assessment must be in accordance with the Acid Sulfate Soil Manual (NSW ASSMAC 1998).

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

Construction times

18 Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a Monday to Friday, from 7.00 am to 6.00 pm.

b Saturday, from 8.00 am to 1.00 pm.

No construction work is to take place on Sundays or Public Holidays.

Construction dust suppression

19 All necessary works are to be undertaken to control dust pollution from the site.

These works must include, but not are limited to:

a restricting topsoil removal;

b regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

c alter or cease construction work during periods of high wind;

d erect green or black shadecloth mesh or similar products 1.8m high around the perimeter of the site and around every level of the building under construction.

Builders rubbish to be contained on site

21 All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

Measures to control stormwater runoff

21 Measures must be put in place to control stormwater runoff. These control measures must be in place prior to the commencement of works so as to prevent soil erosion and the transport of sediment from the site into either:

a adjoining land,

b natural drainage courses,

c constructed drainage systems, or

d waterways.

All disturbed areas must be stabilised and revegetated. Turfing or another approved seeding method must be undertaken in each part of the development within 7 days of completion of earthworks. Topsoil must be preserved for site revegetation. Details of sediment control measures and revegetation works must be submitted to the Principal Certifying Authority for approval prior to release of the Construction Certificate.

Stormwater drainage work

22 Stormwater must be collected and disposed of to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

Stormwater Management

23 a Prior to commencement of stormwater works:

i All erosion controls are to be in place,

ii Written notification of intention to commence works must be forwarded to the Council seven (7) days prior to work commencing. Notification is to include contact details of the supervising engineer and site contractor,

iii The developer and/or contractor must produce evidence to Council of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

iv All public safety and traffic management plans are to be in place.

b During construction of stormwater works:

i Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

ii All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not held responsible for any negligence caused by the undertaking of the works.

iii All works to be constructed to at least the minimum requirements of Council’s current AusSpec Design and Construction Manuals and Specifications.

iv A copy of the approved stormwater plans, details and specifications must remain at the site at all times.

v All on-site stormwater detention works are to be carried out under the supervision of a suitably qualified practising professional Engineer.

vi Inspections and/or tests are required as part of the works approval process. The inspections and/or tests must be in accordance with Council’s current AusSpec Design and Construction Manuals and Specifications. Council’s Development Engineer must be given 24 hours notice for the following inspections:

1 Connection to Council’s drainage infrastructure

2 Connection to the kerb and gutter.

3 Works across the footpath area.

4 Underground detention tanks.

c Upon completion of all stormwater works:

i The submission of works as executed drawings prior to a final inspection. The drawings are to be prepared by a suitably qualified engineer or registered surveyor.

ii The submission of a certificate of hydraulic/hydrological compliance prior to a final inspection. This certificate is to be prepared by a suitably qualified engineer and is to include details of any non-compliance with approved plans and specifications.

iii If this system includes provision of an underground storage tank, the submission to Council of a Certificate of Structural Adequacy for the completed on-site stormwater detention structure, prepared by a practising Structural Engineer, qualified for membership of The Institution of Engineers Australia is required.

iv A satisfactory final inspection for the stormwater works, which Council’s Development Engineer must be given 24 hours notice for.

d All drainage works is to be installed by a suitably qualified person and in accordance with the requirements AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

Consent required for works within the road reserve

24 Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

Site to be landscaped

25 The site must be landscaped in accordance with the approved landscape plan.

Car parking areas to be completed and signs to be provided

26 The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

Damage to Council’s Infrastructure

27 Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

Internal driveway in accordance approved plans

28 A driveway is to be constructed from the property boundary to the proposed car space/s in accordance with the approved plans.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

Fire Safety Certificate (Part 9, Division 4 Clause 172 of the EP&A Regs 2000)

29 As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

a must cause a copy of the Certificate (together with a copy of the Fire Safety Schedule) to be given to the Commissioner of the NSW Fire Brigade, and

b must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

Operation of car parking area

30 All car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

Vehicles using any off-street loading/unloading and/or parking area must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

Plan of Subdivision

31 An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Seven (7) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

Completion of All Works

32 All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

Certificates for Engineering Works

33 The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

Electricity Supply Certificate

34 Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

Telephone Supply Certificate

35 Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

Contributions and Certificate of Compliance (Water, Sewer and Drainage)

36 Contributions set out in the following table are to be paid to Council.

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

Public service	No of Equivalent Tenements	Contribution Rate (Amount per ET)	Contribution Levied	Date until which Contribution rate is applicable
Water	0.4 (x 5 consulting rooms)	$12033	$24,066	30 June 2014
Sewer	0.6 (x 5 Consulting rooms)	$9090	$27,270	30 June 2014

REASONS FOR CONDITIONS

To comply with the provisions of Nambucca Local Environmental Plan 2010.

To ensure access for people with access disabilities

To ensure the development is completed in accordance with conditions of consent and approved plans.

To protect the environment.

To preserve the amenity of the area.

To ensure compliance with Section 68 of the Local Government Act 1993.

OTHER APPROVALS

The following Section 68 Approvals

have been issued with this consent: NIL

Integrated Development: NO

Ordinary Council Meeting 11 December 2013

General Manager's Report

ITEM 9.6 SF1823 111213 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18-29 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 See report this meeting
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? · Proximity to one of the houses · Noise from explosions · Cracking in walls closest to quarry · Possible damage to aquifers · Devaluation of realty value · Scenic, Environment & ecological damage to the Valla Valley · Irreversible dame to the Mt England ridge and geological rock sub structures throughout · Trucks damaging road structure of Valla Road · Speeding trucks · Trucks crossing centre line posing danger · Use of northern access to Pacific Highway along Deep Creek Road and new light bridge · Evasive and dismissive response from the quarry when reporting by phone · Quarry materials taken out of the Shire · To many trucks using Valla Road · Valla Valley developing as rural residential area and should not be industrialised · Air pollution · Is there a significant increase in the environmental aspects · Environmental disaster · Scar on the landscape · Never the intention of original owner · 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 · 59% is a significant change to current consent · Point 30 – How does this relate to application · Point 31 – fewer details to draw information from · Consequences of modification are ignored and obfuscated · Significant change in the operation of the quarry · Proposed modification is substantially different · EPA requiring a noise monitoring is a testament to 10 years of complaints by affected residents · Violates noise requirements · Magnified by current owners with no consideration or consultation to the community · Over producing for over last 24 months · No sound barriers · Vague information received for council · Need meeting between residents and all other parties · Council to enforce conditions · Require monitoring of traffic on road · Breach of original conditions · No plan to revegetate and stabilise each stage prior to moving to next · Moved to a quiet area for business · Destroyed social fabric of the residents eg heavy trucks so dangerous to walk or ride on road · Residents sick with stress · Property valuation decreased · Rocks flying up from trucks · Cost to car repair due to roads that are continually disintegrating · Trucks pull out of quarry in front of oncoming traffic · Trucks on wrong side of road · Declining value of property · Groundwater contamination · Surface water contamination · Exploiting resources Council has sought legal confirmation of the Development Application being substantially the same development and able to be lodged a modification Legal advice has raised 2 matters to be addressed by applicant in the determination of whether the application is a modification: - Truck movements daily; and - Noise
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
2013/133	03/10/2013	Relocate Dwelling	Lot 201 DP 616619, 53 Short Street, Nambucca Heads	· No correspondence from Council as an adjoining owner · Came home from work on 2 separate occasions to find half the house at a time being relocated there · House very close to boundary · Overlooking neighbours back yard · Wanting to know the consultation process to get things approved Renotified – awaiting closure. Consultation has been carried out with concerned neighbour
2013/163	12/11/2013	Truck Parking and Storage area, Earthworks, Drainage, Retaining wall & Pavement	Lot 101 DP 1076306, Kylie Street, Macksville	· Always a problem with water since levelling of neighbours · some crossings are not able to be crossed

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 11 December 2013

General Manager's Report

ITEM 9.8 SF1842 111213 Application For Special Rate Variation 2014/15

AUTHOR/ENQUIRIES: Peter Wilson, Manager Special Projects

Summary:

The report seeks Council’s approval to proceed with an amended Section 508A Special Rate Variation Scenario 3, to increase the general income by 5.30% in 2014/15 and 6.00% in 2015/16, following Phase 1 of the community awareness and engagement program and the announcement of the rate peg for 2014/15.

IPART has announced (2 December 2013) that increases in local council general income will be capped at 2.30% in 2014/15. The rate peg sets the maximum increase of 2.30%, slightly below inflation, to apply to general income collected by NSW councils.

IPART Chairman, Peter Boxall, said this year’s rate peg, down from 3.40% in 2013/14, reflects the lowest rise in public sector wage costs in a decade, along with the final adjustment of the carbon price advance, which was included in the rate peg in 2012/13. The adjustment for the carbon price advance was to avoid double counting of the impact of the carbon price on council services.

The Local Government Cost Index (LGCI) increased by 2.80% in the year to September 2013, and IPART deducted a 0.20% productivity improvement factor to arrive at the underlying rate peg of 2.60%, before adjusting for the 0.30% carbon price advance provided in 2011/12.

The report also informs Council of the next steps to be taken in order to comply with the Division of Local Government’s guidelines and IPART’s assessment process.

Recommendation:

1 That the five (5) submissions be noted and that each be informed of Council’s decision as well as being provided with a copy of the council report.

2 That Council approve of the Section 508A Special Rate Variation Scenario 3 (as amended), to increase the general income by successive annual percentage increases of 5.30% in 2014/15 and 6.00% in 2015/16, which remains permanently in the rate base.

3 That the extra general income, above the annual rate peg amount, be used to establish a Roads and Bridges Renewal Levy, to meet the challenges of maintaining and renewing the infrastructure.

4 That Council not adopt a voluntary pensioner concession, under Section 582 of the NSW Local Government Act 1993, on the basis that the mandatory pensioner concessions already place a significant burden on council’s financial position, the majority of pensioners are subject to a Minimum Rate and the announcement of a lower than expected Rate Peg for 2014/15.

5 That Council notify IPART of its intention to lodge a Section 508A application for a Special Rate Variation.

6 That an Extraordinary Council Meeting be held on Thursday 20 February 2014 to adopt the Draft Delivery Program and Long Term Financial Plan, as council’s IP&R documents must be adopted prior to applying to IPART for a special variation to general income

OPTIONS:

1. Proceed with a Special Rate Variation (Scenario 1) – the ‘do nothing’ option.

2. Endorse the Section 508A Special Rate Variation Scenario 2 to increase the ordinary rates by 6.00% in the 2014/15 financial year, which remains permanently in the rate base.

3. Endorse the Section 508A Special Rate Variation Scenario 2 to increase the ordinary rates by 6.00% in the 2014/15 financial year, for the Farmland and Residential rating categories only and which remains permanently in the rate base.

4. Endorse the Section 508A Special Rate Variation Scenario 3, to increase the ordinary rates by 6.00% in both the 2014/15 and 2015/16 financial years, which remain permanently in the rate base.

5. Endorse the Section 508A Special Rate Variation Scenario 3, to increase the ordinary rates by 6.00% in both the 2014/15 and 2015/16 financial years, for the Farmland and Residential rating categories only and which remains permanently in the rate base.

6. Introduce a voluntary pensioner concession, under Section 582 of the NSW Local Government Act 1993, with the amount of concessions to be set each year by Council resolution.

DISCUSSION:

Council resolved in September 2013 to seek community feedback on a proposal to apply for a Special Rate Variation in 2014/15.

The financial sustainability of local government is a key driver for the future. In 2011/12, 25% of all councils were in a weak or very weak financial position. If nothing changes, 40% of councils will be rated Weak, Very Weak or Distressed by 2014/15.

The majority of council’s are reporting operating deficits which is an indication of fiscal stress. Nambucca Council’s operating deficits over the past 3 years were $3.69M (2010/11), $2.67M (2011/12) and $9.897M (2012/13).

It has also been confirmed that there is a large local government infrastructure backlog in NSW with the backlog estimated to be $7.4 billion as at 30 June 2012, with roads and related assets amounting to $4.5 billion.

The Mid North Coast region had the second largest total reported backlog of $738.2 million. The Table below shows that the eight (8) local government areas are responsible for the maintenance and renewal of 7,462 kms of local roads and 1,291 concrete and timber local bridges, with Nambucca Council having the greatest number of timber bridges of any of the LGAs.

Special Rate Variation Scenarios

The options were to increase the ordinary rates by a one-off 6% in 2014/15 or to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years. The yearly percentage increases were inclusive of a projected rate peg limit of 3% and the annual percentage increases are to remain permanently in the rate base.

The Table below shows that the cumulative impact of the multiple two year option would result in the average Farmland rate increasing by $326 (18.7%), average Residential rate increasing by $114 (12.6%) and the average Business rate increasing by $216 (15.2%). The higher average rate increase in the Farmland category is a result of an adjustment to the income yield to correct the anomaly from 2012/13, when the category rate structure was changed from a Base to a Minimum rate.

The ‘do nothing’ option and leave next year’s increase to the estimated rate pegging amount of 3% was also put to the community. However this option does not address Council’s long term financial sustainability.

Impact of new land revaluation for 2014/15 rating year

The ordinary rate is assessed on a rate in the dollar (ad valorem) as a product of the land value supplied by the Valuer General. A revaluation of the Nambucca Shire Council Local Government Area is undertaken every three years with the latest being undertaken this year with the new values to be used to levy the 2014/15 ordinary rates.

The new valuations have been determined in accordance with the property market as existing at 1 July of the valuing year (2013) and reflect changes in the property market since the previous valuation in 2010.

Whenever a revaluation occurs, the rating distribution within the council area, changes. Although the total ordinary rate income generated is restricted by the rate-pegging limit, individual ratepayers will receive varying increases or decreases in their rates, dependent upon how their property has been affected by the revaluation.

The 2013 revaluation results in a total rateable land value decrease of 94,194,255 or 6.50%. The net change in each of the rate categories is minimal with the exception of Residential Town (decrease of 11.16%) and Business Ordinary (decrease of 6.03%). There is however some significant increases and decreases in land valuations across a number of the rate categories.

Council Rate Structure

The overriding characteristic of local government rating is that the assessments that are produced will be primarily and predominantly determined via the ad valorem method whereby the incidence of any rate burden is split differentially according to the value of rateable property. The Act specifically provides that the application of the base amount must not produce more than 50% of the total revenue to be derived from the rate (or the category or sub-category of the rate) and this fact should serve as a guide to councils that rating is intended to be primarily and predominantly determined upon an ad valorem system.

The higher the amount of a minimum rate the lower will be the ad valorem rate for any given revenue target. As a result higher valued properties may incur a greater or lesser share of the total rate burden depending on the level of the minimum rate.

In NSW rather than specifying a maximum proportion of properties that a minimum rate may apply to there is a prescribed minimum rate ceiling (currently $474). The Division of Local Government’s guidelines encourage councils to be mindful of the ceiling limit (50%) of revenue that can be generated from a base charge and of past legal decisions when seeking permission to apply a minimum rate in excess of the default maximum.

Nambucca Council applies the minimum rate ceiling of $474 to the Farmland category and applies a higher minimum of $724 to the remaining rate categories. It could therefore be argued that the current rating structure is inequitable given that the minimum rate yield for the Residential Town category exceeds 50% and the remainder of the minimum rate yields are below a 50% threshold, to varying degrees. The structure of the Farmland category is also considered to be inequitable on the basis that the ad valorem yield is 99%.

A decision to exempt the Business category from the Special Rate Variation would create further inequities in the rating structure. Also the additional yield from the Business category under the original Scenario 3 (excluding the annual rate peg of 3.0%) would be $65,318. This represents 11% of the total extra yield of $572,659.

The following Tables provide an overview of Council’s current rating structure.

Note that the Table above provides a comparison of the income yield by category, based on the original Special Rate Variation Scenarios and the current land valuations.

Rates and Charges – Pensioner Concessions

Pensioners requesting a concession are required to submit an application on the prescribed form with the production of a current Pension Concession Card (or equivalent card for TPI and EDA pensioners) issued by Centrelink or the Department of Veterans Affairs.

Only eligible ratepayer pensioners are entitled to receive a pensioner concession against their rates and charges. The property for which a pensioner concession is sought must be the applicant’s sole or principal place of living.

Rate concessions are limited to the current rating year and two rating years prior to the application. Any component of the pension concession granted on any water usage account will be limited to the billing period in which the application is submitted.

Mandatory pensioner concessions (under Section 575 NSW LGA 1993) will be granted as follows:

- 50% of Ordinary Rates and Domestic Waste Management Service Charges up to a $250.00 maximum rebate.

- 50% of Water (special) Rates or Charges up to a maximum $87.50 rebate.

- 50% of Sewerage (special) Rates or Charges up to a maximum $87.50 rebate.

Voluntary pensioner concessions (under Section 582 NSW LGA 1993) can be granted by Council with the amount of concession to be set by a Council resolution.

[582 Abandonment of pensioners rates and charges - A council may waive or reduce rates, charges and interest due by any person prescribed by the regulations who is in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.]

Coffs Harbour City Council’s Rates and Charges – Pensioner Concession Policy provides for a voluntary pensioner concession which is granted against Domestic Waste Charges and Environmental Special Rates with the amount of concession to be set each year by Council resolution. The 2013/14 concession granted against Domestic Waste Charges ($87.50) and Environmental Special Rates (50% of levy) totals approximately $600,000.

The financial impact of Nambucca Council’s current mandatory pensioner concessions (2013/14) and voluntary pensioner concessions scenarios are detailed in the following Table.

In 2013/14 there are 1,514 (63%) pensioners subject to the Minimum Rate. A break down per rate categories is as follows:

· Farmland - 2

· Residential Town - 1,152

· Residential Non Urban - 287

· Residential Village - 70

· Business Ordinary - 2

· Business CBD - 1

Further concessions in relation to rates and charges for pensioners suffering from financial hardship may be applied in accordance with a council’s Financial Hardship Policy.

Rate peg for NSW councils for 2014/15

IPART is responsible for setting the maximum increase in general income councils can receive each year. Known as the rate peg, IPART has set the cap at 2.30% for 2014/15 based on movements in indices reflecting council costs, a productivity factor and the withdrawal of the carbon price advance.

The rate peg determines the maximum percentage amount by which a council may increase its general income for the year. Since 2011/12, it has been set by IPART under a delegation by the Minister for Local Government. Before that, the Minister for Local Government set the rate peg.

The rate peg is mainly based on the Local Government Cost Index (LGCI), which measures price movements over the past year for goods, materials and labour used by an average council. IPART also deducts a productivity factor.

The rate peg in 2012/13 was 3.60% (including the carbon price advance of 0.40%), and in 2013/14 was3.40% (including a withdrawal of part of the carbon price advance of 0.10%). Over the past 5 years to 2014/15, the rate peg has averaged 2.9%.

In setting the rate peg, IPART seeks to strike a balance between ensuring that councils can meet the increased costs of delivering services resulting from price changes and ensuring that councils share productivity gains with ratepayers.

IPART calculated the rate peg for 2014/15 by:

- taking the increase in the LGCI for the year to September 2013 of 2.80%

- deducting a productivity factor of 0.20%.

This resulted in an underlying rate peg of 2.60% in 2014/15. IPART then deducted 0.30% to adjust for the remainder of the 0.40% carbon price advance that was brought forward into the 2012/13 rate peg.

The most important contributors to the change in the index were:

- 2.60% increase in employee benefits and on-costs, measured by the ABS wage price index for the NSW public sector. This makes up 1.10% of the change in the index.

- 3.20% increase in Construction works, measured by the ABS producer price series for Road and Bridge Construction in NSW. This makes up 0.44% of the change in the index.

- 14.90% rise in electricity prices. This makes up 0.50% of the change in the index.

The rate peg sets the maximum increase in each council’s general income for the 2014/15 financial year. The IPART Factsheet (2 December 2013), states that the average residential rate per assessment in NSW in 2013/14 is around $890. The rate peg decision implies an average rate increase of around $20 in 2014/15. Because the rate peg applies to general income in total, and not to individual ratepayers’ rates, councils have significant discretion to determine how to allocate this increase between different ratepayer categories. Individual rates are also affected by other factors, such as land valuations.

CONSULTATION:

Council at its Ordinary Meeting held on 28 February 2013 noted the draft Community Engagement Program and timetable for the preparation of the Section 508A Rate Variation commencing in the 2014/15 budget year.

A further report and a revised Project Plan were considered by Council at its meeting held on 11 September 2013 at which Council resolved:

“1. That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of up to 3.00% for up to four (4) years from 2014/15.

2. That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.

3. That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan

4. Also there be a number of rate increase options considered including that Council undertake community awareness of a Section 508(2) application increase of 3.00% over and above the assumed rate peg for one year only being 2014/2015 with the rate then reverting to the previous level.”

Council at its Ordinary Meeting held on 31 October 2013 resolved:

“ 1. That Council endorse the three rate variation scenarios of (a) to increase the ordinary rates by 6% in 2014/15, (b) to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years and (c) to increase the 2014/15 rates by the rate peg amount, as appropriate for community engagement and input.

2. That the presentation on the community awareness and engagement program be noted.”

A Notice of Motion, “That Council moves to exempt Pensioners and Businesses in our Shire from any General Rate increase beyond rate pegging for the number of years as outlined in either scenario 1 or 2 outlined in Council’s proposed Special Rate Variation 2014/15,” was considered by Council at its Ordinary Meeting held on 28 November 2013.

Council resolved “That Council defer this item until Council receives a report to show the costing and impact on Council’s budget.”

The Division of Local Government issued Circular 13-44 and the Guidelines for 2014/15 special variation applications on 30 September 2013. IPART also released a Fact Sheet in October 2013 to guide Councils on how they will assess applications.

The Fact Sheet provides information about IPART’s rate setting functions and the special variation process. In assessing whether a council’s application satisfies the community awareness and engagement criterion, IPART will consider whether;

- the council’s adopted IP&R documents demonstrate that the community is aware of the need for, and the extent of the rate rise

- the council has demonstrated an appropriate variety of engagement methods to ensure community awareness and input into the special variation process

- the council’s adopted IP&R documents canvas alternatives to a rate rise, the impact of any rate rises upon the community and the council’s consideration of the community’s capacity and willingness to pay.

Evidence of awareness and engagement should be proportionate to the size and impact of the proposed rate rise.

Community Engagement - Phase 1

A Press Release was issued on 18 October 2013 inviting the community to have their say on the proposed rate increase and Public Notices appeared in the Guardian News on 31 October 2013 and 7 November 2013. The Guardian News also included an additional news item on page 3 of the 31 October 2013 edition. A news item also appeared in the Midcoast Observer on 6 November 2013. The Valla Beach Community Association distributed a flyer to approximately 980 residences in the Valla area. A Scotts Head community email notified the community of the proposed public forum on 7 November 2013. A copy of the Public Notice was emailed to the Chambers of Commerce on 25 October 2013.

Public Forums were held at Nambucca Heads (4 November 2013), Scotts Head (7 November 2013), Bowraville (11 November 2013), Macksville (14 November 2013) and Valla Beach (18 November 2013). Information was also available on the Council’s website along with a copy of the Press Release and the Public Forum PowerPoint presentation.

Community Engagement - Phase 1 - Submissions

Name

Submission

Council comment

Mr Chris Townsend

Chairman

Macksville Chamber of Commerce

TRIM 29017/2013

The Chamber acknowledges the Council’s budgetary pressures and the significant work that has been done to reign in expenditure. However businesses are doing it very hard due to a depressed market in many areas. There are many empty shops in the town and most businesses are struggling to survive based on feedback from business owners and sales representatives. Businesses must absorb costs due to pressures from customers to cut prices and there is no ability to increase prices for risk of losing customers. Request that there be no rate increase until the local market picks up.

Council’s financial sustainability and the services it provides will suffer without the extra rate income.

Compared to the other seven Mid North Coast councils, Nambucca has the fourth lowest average business rates and the average Water & Sewer bill is the lowest.

The additional yield from the Business category under the original Scenario 3 (excluding the annual rate peg of 3.0%) would be $65,318. This represents 11% of the total extra yield of $572,659.

This burden is considered to be minimal when compared to the other rate categories and the impact is further lessened as the rates are tax deductible.

Ms Cath Walsh

Valla

TRIM 30028/2013

Objection to rate increase as it is difficult enough to keep up with the cost of living. There must be other ways for council to reduce costs eg sale of assets, close one of the libraries and reduce staff numbers. Increasing the bills to be paid shouldn’t be the preferred option.

Council is continually seeking to improve efficiencies and maximise other revenue sources. These however are only sufficient to cover factors such as standard rate peg deficiencies, funding reductions and cost shifting.
The only other alternatives to a rate increase are to either reduce services or service levels in council’s general operations or do nothing and allow infrastructure assets to deteriorate.

Council has strived to maintain financial sustainability through a number of initiatives, including the sourcing of additional grant revenue, loan borrowings, containing employment costs, improving asset management and the sale of assets.

Not addressing asset maintenance needs now will only result in accelerated deterioration of assets, placing a greater burden on future generations.

Mr Brendan Coyne

Valla

TRIM 30030/2013

Objection to the proposed rate rise as the shire is one of the lowest income areas in NSW and the vast majority of residents cannot afford the ever increasing council rate rises. Increases in electricity costs, schooling expenses and health expenses make it increasingly hard to live. Noticed that both the Federal and State governments are looking at options other than increasing taxation and therefore council should be willing to make the hard decisions to reorganise funding or introduce economic cuts to other less important areas of council funding like libraries and tourism marketing. Suggest that Council consider asset sales or redundancies like the Federal and State governments. Two libraries with a population of 12,000 is very extravagant compared to the USA where there is one library for every 33,000 people.

The demographic and rating profiles for the shire suggests that the ratepayers have a capacity to pay.

The SEIFA Index of Disadvantage is comparable with other Mid North Coast councils. However the Index Rating of 9 is the second lowest in the region.

Compared to the other seven Mid North Coast councils, Nambucca has the third lowest average residential rates, fourth lowest average business rates and the fifth lowest farmland rates.

The percentage of outstanding rates has reduced from 6.16% (2011) to 4.88% (2013).

The 2013 Community Satisfaction Survey rated library services as having higher importance and higher satisfaction. In contrast tourism and tourism promotion were considered to be of higher importance but lower satisfaction which indicates that this service requires greater attention and more funding.

Mr Jeff and Mrs Lynne Mott

Bowraville

TRIM 30283/2013

Community Forum held at Bowraville was very informative and the situation that Council has placed itself in is understood. It is time that something is done in relation to the roads and bridges as some have passed their use by date or are in a bad state of repair. Support Scenario 3 as it will be benefit to all ratepayers and Council. A thank you for allowing ratepayers to have a voice and it was a pity that more people did not attend the forums.

Submission supports the Scenario 3 option to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years.

Mr Ian and Mrs Bobbie Taylor

Buckra Bendinni

TRIM 30443/2013

Cannot afford to keep paying these constant rate increases. This is a low income area with little opportunity to increase it. Rely solely on farm income to survive and income is already below the poverty line and costs cut as much as possible. Constant price increases cause more hardship. Eventually will be forced to sell the farm and move into town.

Council’s financial sustainability and the services it provides will suffer without the extra rate income.

The demographic and rating profiles for the shire suggests that the ratepayers have a capacity to pay.

Project Plan Timetable

11 December 2013

Council Meeting

A decision to proceed with an application needs to be made by Council. There will then be further consultation (Phase Two) with all ratepayers in relation to the preferred rating option.

13 December 2013

Notification to IPART of council’s intention to apply for a special variation is due.

16 January 2014

Council Meeting

Adoption of Council’s Draft Delivery Program and Long Term Financial Plan, as council’s IP&R documents must be adopted prior to applying to IPART for a special variation to general income

17 January 2014

Public exhibition of IP&R documents (28 days)

14 February 2013

Public exhibition period closes

20 February 2014

Extraordinary Council Meeting

Adoption of Council’s Delivery Program and Long Term Financial Plan

24 February 2014

Due date for submission of SRV application to IPART.

Community Engagement - Phase 2

Phase 2 of the community engagement strategy will include informing and consulting with the community in the following ways:

- Mail out to all ratepayers in December 2013

- Media releases

- Website content

- Public exhibition of IP&R suite of documents

- Invite submissions

SUSTAINABILITY ASSESSMENT:

TCorp has developed a definition of financial sustainability being:

“A local government will be financially sustainable over the long term when it is able to generate sufficient funds to provide the levels of service and infrastructure agreed with its community.”

The definition takes into account the effect ongoing change could have on a Council’s operating position and service levels over the long term. The definition brings together what TCorp considers are the key elements of financial strength, service and infrastructure requirements, and needs of the community. TCorp considers that this definition is concise enough to be remembered, whilst broad enough to cover the key aspects.

TCorp’s report into the Financial Sustainability of the NSW Local Government Sector (April 2013) assessed Nambucca Shire Council as having a WEAK Financial Sustainability Rating (FSR) and assigned a NEGATIVE outlook

For Councils assigned a Negative Outlook, TCorp provided some recommendations to assist in improving the sustainability position. The recommendations included:

- The need to source additional revenue, such as under an SRV, to improve financial flexibility

and to assist in reducing the Infrastructure Backlog

- For Councils with the borrowing capacity, consider using debt funding to reduce the

Infrastructure Backlog and improve intergenerational equity

- Devising programs and strategies to contain rising costs and improve efficiencies

- Further improvement required in AMPs and integration into the Long Term Financial Plan

(LTFP)

- Increasing spending on maintenance and infrastructure renewal, balancing this with the need

for capital expenditure on new assets

The NSW Government Local Government Infrastructure Audit report (June 2013) confirms that there is a large local government infrastructure backlog in NSW and some councils face real and significant challenges in terms of maintaining and renewing the infrastructure that is critical to their communities and the NSW economy.

The total infrastructure backlog for all NSW councils was estimated to be $7.4 billion at 30 June 2012, of which $4.5 billion relates to roads and related assets and $1 billion relates to buildings. The Mid North Coast region had the second largest total reported backlog at $738.2 million and the combined backlog in the northern rivers and mid north coast area of NSW equates to 29% of the State total.

The infrastructure backlog is over $1,000 per head of the NSW population with the mid north coast region per capita rates just below $3,000.

The report states that there are a number of funding and financing strategies that may help councils to reduce their backlog and/or prevent the backlog increasing such as:

· Borrowings – where there is capacity

· Local Infrastructure Renewal Scheme (LIRS)

· Special rate variations

· Grants from other levels of government

The report states that a key option for councils to help address their infrastructure backlog is through a special rate variation, however it is unrealistic to believe that many councils will ever be able to address their backlog problem solely through additional rate increases.

Environment

Council’s Integrated Planning & Reporting (IP&R) documents address the quadruple bottom line of environment, social, economic and governance.

Social

Special Rate Variation would impact on existing ratepayers and pensioners.

Economic

Special Rate Variation would impact on existing ratepayers and pensioners.

Risk

NSW Local Government Infrastructure Audit Report (June 2013) assessed Council’s infrastructure management as MODERATE.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The option to increase the ordinary rates in 2014/15 by a one-off extra 3.00% would generate additional ordinary income of $286,329pa. An increase in ordinary rates by an extra 3.00% in both the 2014/15 and 2015/16 financial years would generate an additional $572,659. Both options would also maintain general income at a new base level in the future.

The Notice of Motion lodged at the Ordinary Council Meeting on the 28 November 2013 sought to have the Business rate category exempted from the Special Rate Variation. The financial implication of the exemption would be the loss of extra general income of $32,659 in 2014/15 and $65,318 in 2015/16 and onwards. The exemption would also lead to a further inequity in the income yield mix between rating categories, which cannot be justified.

The financial impact of the current mandatory pensioner concessions (2013/14) and voluntary pensioner concessions scenarios are detailed in the report.

The rate peg of 2.30% in 2014/15, whilst slightly below inflation, does not reflect the actual costs incurred by councils. IPART Chairman, Peter Boxall, said this year’s rate peg, reflects the lowest rise in public sector wage costs in a decade. The LGCI is based in part on a 2.60% increase in employee benefits and on-costs, measured by the ABS wage price index for the NSW public sector, which is in contrast to the Local Government (State) Award increase of 3.25%.

The report also informs Council of the next steps to be taken in order to comply with the Division of Local Government’s guidelines and IPART’s assessment process.

Source of fund and any variance to working funds

Reflected in SRV Application and Long Term Financial Plan

Service level changes and resourcing/staff implications

Reflected in SRV Application and Long Term Financial Plan

ATTACHMENTS:

There are no attachments for this report.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 11 December 2013

Assistant General Manager Corporate Services Report

ITEM 10.3 SF1120 111213 Grant Application Status Report

AUTHOR/ENQUIRIES: Colleen Henry, Grants and Contributions Officer

Summary:

This report provides an overview of grant applications and their status for the previous quarter.

RecommendationS:

That the list of grant applications and their status to 4 December 2013 be received.

Successful grant applications (PREVIOUS AND CURRENT FINANCIAL YEARS):

Grant and date of approval	Funding Amount	Amount Council	Description
NSW Govt – Local Infrastructure Renewal Scheme (LIRS) Closed 26 March 2012	$262,542	NA	Council will receive an interest rate subsidy of 4% for bridge projects totalling $1.206 million.
Office of Environment and Heritage NSW Closed 28 February 2012	$60,000	$40,000 (Enviro Levy)	Nambucca Shire Beaches Access Ways – Prioritisation and construction of beach access ways as part of the implementation of the Coastal Zone Management Plan.
Office of Environment and Heritage NSW Closed 28 February 2012	$80,000	$40,000 (Enviro Levy)	Gumma wetland Water Management Regime assessment, planning and implementation of water management regime at Gumma to meet wetland improvement and water quality management objectives.
Local Infrastructure Renewal Round 2 Closed 31 December 2012	$237,062	NA	Loan Interest subsidy of 3% for infrastructure works – bridges and pavement repair
OEH Coastal Management Grant Closed 20 February 2013	$55,000	$55,000 (Enviro Levy)	Stage 2 – Beaches Access ways program extension
OEH Estuary Management Grant Closed 20 February 2013	$24,625	$24,625 (Enviro Levy)	Restoration and revegetation of the river bank at Stuart Island as per recommendations of the Nambucca River Master plan. (Did not receive full funding request, which included Boultons Crossing sewerage works)
Department Sport and Recreation – Participation and Facility Program Closed 26 February 2013	$6,669	N/A In kind and cash from VBCA	Valla Cricket Nets
FRRR – Small Grants for Small Communities Closed 2 April 2013	$2,000	NA	Talarm – signage and blinds
FaHCSIA Volunteer Grants Closed 24 April 2013	$5,000 $3,650 $2,127 $2,287	NA NA	EJ Biffin – ride on lawnmower Coronation Park – grounds keeping equipmt, first aid, safety gear, tables Utungun Hall - Mary Boulton Cottage – mower, outdoor furniture, cleaning equipment, sunshade, gardening tools, urn
Local Government Energy Efficiency Program – solar water heaters Closed 29 May 2013	$26,943	$4578.31 (existing budget)	Non-competitive grant funding for installation of solar water heaters in local government and community buildings. PLEASE NOTE THAT DUE TO THE CHANGE OF GOVERNMENT THIS OFFER HAS BEEN WITHDRAWN.

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

Grant and Date of Notice	Amount	Amount - Council	Description
OEH Floodplain Management Grant Closed 21 March 2013	$90,000	$45,000 (Enviro Levy)	Develop Flood plain management study and plan for Nambucca River and Deep Creek.
Crown Lands Public Reserves Management Fund Closed 3 May 2013	$111,000	$10,000	Renovation and other associated works at Boulton’s Crossing Reserve
Crown Lands Public Reserves Management Fund Closed 3 May 2013	$18,000	N/A	High priority Weed Management on Crown Reserves managed by Council
NSW Office of Environment and Heritage Closed 4 June 2013	$16,000	$8,500 (source to be confirmed)	Provision for Heritage Advisory Services ($7,500) and small grant funding program for heritage properties in Nambucca Shire ($8,500)
Total to date	$1,002,905

Successful Community Group Applications which were assisted:

The Macksville Scotts Head Surf Life Saving Club - $57,000 for storage addition to Club House

Applications made but not yet determined:

Funding Body	Amount	Amount - Council	Project Name
Stuart Island Fish Habitat Action Grant Closed 27 September 2013	$28,730	$16,670 (cash) plus $12,060 (in-kind)	Rock fillets, artificial reefs and revegetation of three areas on Stuart Island
NEOC training facilities Closed 18 October 2013	$20,060	$4,600 (in-kind)	Purchase and installation of training equipment at NEOC, including internet access
RMS Cycleways program Closed 22 October 2013	$600,000	NA	Completion of cycleway priority 1 Nambucca Heads to Kingswood Estate
Macksville Skate Park Closed 30 October 2013	$25,000	$100,000 (cash) $ some in kind s.94 funds	Redevelopment of skate park to higher standard.
Environmental Trust Restoration and Rehabilitation Grant Closed 31 October 2013	$93,310	NA	Protection of two endangered populations and treatment of Wakki Beach entrance and bush track.
NSW State Library Closed 29 November 2013	$35,000	NA	e-resources, including books, magazines and audio materials.

Community groups assisted in making applications:

Nambucca River Festival, Scotts Head Events Committee

Unsuccessful applications in this period:

Funding Body

Amount

Amount - Council

Project Name

NSW Department of Planning and Infrastructure - Planning Reform Fund

Closed 22 February 2013

$78,000

$20,000*

Macksville CBD development – economic strategy post-bypass.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 11 December 2013

Assistant General Manager Corporate Services Report

ITEM 10.5 SF588 111213 Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 20 August 2013 and Auditor's Report

AUTHOR/ENQUIRIES: Monika Schuhmacher, Executive Assistant/Business Services Unit

Summary:

Further to the report submitted to Council at its meeting on 11 September 2013 the Minutes of the Annual General Meeting are presented at the end of this report and the Auditor’s Report is attached.

Recommendation:

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 20 August 2013 and note the Auditor’s Report.

OPTIONS:

There are no real options. Council needs voluntary Committees of management to manage recreation and community facilities across the Nambucca Valley.

DISCUSSION:

The AGM of the Nambucca District Historical Society Committee of Management was held on Tuesday 20 August 2013.

The Committee of Management for 2012/2013 comprises:

President Kevin Scullin

(2) Vice Presidents Edna Stride and George Micolich

Secretary Peter Mitchell

Treasurer June Mathews

CONSULTATION:

There was no consultation.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no financial implications.

Source of fund and any variance to working funds

There are no implications for working funds.

Service level changes and resourcing/staff implications

There are no changes or implications stemming from this report.

NAMBUCCA DISTRICT HISTORICAL SOCIETY

MINUTES OF ANNUAL GENERAL MEETING

HELD AT THE HEADLAND MUSEUM 20 August 2013

Meeting opened at 1.30pm.

Present: Peter Mitchell, Kevin Scullin, Beverley Gibbs, George Micolich, Edna Stride, Doug & Jeanette Hewitt, June Mathews, Val Hoy, Clyde Piggot, Bill Foley, Anne Smyth, Norm Ford, Sue Cambage.

Apologies: Ruth Glasson, Karyn Mitchell, Terry & Lyn Snowden, Judy Thompson, Peter & Anne O’Neill.

Previous Minutes:

Minutes of previous AGM held on 21 August 2012 were read by the Secretary.

Moved Sue Cambage, seconded Kevin Scullin that these minutes as read be adopted as a true and correct record. Carried.

Business Arising:

There was no business arising from these Minutes of 21 August 2012.

President’s Report:

President Peter Mitchell read his report (see attached). This Report was moved by Peter Mitchell, seconded Edna Stride that this Report as read be adopted as a true and correct record. Carried.

Treasurer’s Report:

The Financial Report for year ending 30 June 2013 was read by June Matthews (see attached). This was moved Bill Foley, seconded Sue Cambage that this Financial Report as read be adopted as a true and correct record. Carried.

Currently the Financial Statements for FY 2012/2013 are being audited and a report will be forwarded when completed.

Election of Officers:

President, Peter Mitchell declared all positions vacant and invited Councillor Anne Smyth to take the chair.

Councillor Anne Smyth congratulated all the volunteers on the wonderful job they have done over the years then called for nominations.

THE ELECTION RESULTED AS FOLLOWS:

President:

(1) Kevin Scullin nominated by Peter Mitchell, seconded by Norm Ford – Kevin accepted.

Vice Presidents:

(1) Edna Stride nominated by June Matthews, seconded by Kevin Scullin – Edna accepted.

(2) George Micolich nominated by Kevin Scullin, seconded by Edna Stride – George accepted.

Secretary:

(1) Peter Mitchell nominated by Kevin Scullin, seconded by Bill Foley – Peter accepted.

Assistant Secretary:

(1) Nil nominations.

Treasurer:

(1) June Matthews nominated by Kevin Scullin, seconded by Edna Stride – June accepted.

General Business:

Appointment of Auditor. Moved Edna Stride, seconded Kevin Scullin that Chris Stone will continue as Club Auditor. Carried.

The Meeting agreed that:

That should Chris Stone be unable to continue as Auditor, then Perry McNally be approached in the first instance to request his availability as Auditor of the Nambucca District Historical Society.

Nambucca District Historical Society fees will remain at $2 for membership.

Entry fees will be $3 for adults and 50 cents for children. Moved Kevin Scullin, seconded Sue Cambage that entry fees for children be increased from 50 cents to $1.00. This Motion was withdrawn and will be reconsidered by the Committee at a later date as required.

Signatories for the Cheque Account will stay the same.

They are – June Mathews, Kevin Scullin, Peter Mitchell and Ruth Glasson with any two to sign.

IAW Nambucca Council Guide to Operations & Delegations of Authority – Section 355 Committees, Secretary Peter will advise Council of particulars of all appointments including Committee position, name, address and contact number.

Councillor Anne Smyth welcomed the new committee and wished everyone continued success for the coming year.

Kevin Scullin thanked Councillor Anne Smyth for coming and taking the chair for the election of officers.

Meeting closed at 2.00pm.

…………………………………………………

KEVIN SCULLIN

President

Nambucca District Historical Society

Attachments:

29897/2013 - Auditor's Report - Nambucca District Historical Society

Ordinary Council Meeting 11 December 2013

Assistant General Manager Engineering Services Report

ITEM 11.2 SF818 111213 Nambucca District Water Supply – Documentation of Management Plans for Off River Storage Licence requirements

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

Summary:

The NSW Office of Water has issued Council a Surface Water Licence No. 30SL067140 under Part II of the Water Act 1912 to permit the operation of the Nambucca District Water Supply Off River Storage that is currently being constructed.

A condition of the licence (Condition 9) is that prior to the operation of the storage Council shall develop the following Management Plans:

1 Dam Safety

2 Systems Operation

3 Storage Management

4 Riparian and Geomorphic Management

5 Catchment Management

6 Demand Management and Water Efficiency Program

7 Riverine Management

8 Heritage and Archaeology

9 Hazard Risks and Safety

10 Recreation

NSW Public Works have prepared a position paper on the documentation of the required Management Plans and this is attached for Council’s information. However this paper does not address the probity issues associated with procuring works with a value in excess of $150,000.

In this instance a tender is not considered likely to provide Council with any significant benefit and it is recommended that Council engage Public Works to complete the work in their capacity as a statutory body subject to their fee being considered acceptable.

Recommendation:

1 That Council seek a fee offer from Public Works in accordance with Section 55 of the Local Government Act 1993 (LGA) Clause 3 for the documentation of the Management Plans.

2 That following the receipt of the fee schedule from the Public Works a further report be provided to Council on the engagement of the Public Works for the development of the Management Plans

OPTIONS:

Council staff undertakes the documentation of the more basic Management Plans depending on the availability of resources.

DISCUSSION:

Statutory Compliance

Section 55 of the Local Government Act 1993 (NSW) and Part 7 of the Local Government (General) Regulation 2005 (NSW) & the Department of Local Government Tendering Guidelines for NSW Local Government (October 2009) stipulate that the threshold for requiring Council to formally tender for any particular contract for the supply of goods and services is $150,000 including GST for the life of the contract

However Section 55, Clause 3 of the Local Government Act 1993 also states in part the following:

This section does not apply to the following contracts:

· a contract entered into by a council with the Crown (whether in right of the Commonwealth, New South Wales or any other State or a Territory), a Minister of the Crown or a statutory body representing the Crown

Council may engage Public Works to complete the work as they are a statutory body and are therefore exempt from the tender requirements

This is the recommended course of action as in this instance a tender for the documentation of the various Management Plans required for the Surface Water Licence is not considered likely to provide Council with any significant benefit. The reasons for this are outlined below.

· Whilst the Surface Water Licence does not stipulate a specific timeframe for the preparation of the Management Plans advice received from the Office of Water is that there is an expectation that documentation should be completed before wet commissioning occurs. In any case it is considered to be in Council’s interest to complete the documents as soon as possible so that persons directly involved in the project write the documents and project knowledge is not lost.

· Council does not have the time and in many cases the experience to fully document all of the Management Plans required. Public Works has an intimate knowledge of the project due to their continuous involvement from the pre – construction phase through to final construction.

· Public Works have supervised the construction of the majority of the dams built in recent times and have completed similar Management Plans for the Councils responsible for their operation and maintenance. This experience combined with the specific knowledge relating to this project would be reasonably expected to translate into a streamlining of the time taken to complete the task of documenting the Management Plans

· In contrast a consultant with no background knowledge of the project would have to spend considerable amounts of time going through the myriad of information compiled on the project to date including the EIS and design reports. They would also be more likely to require more time from Council staff to assist them in obtaining all the relevant information required to document the management plans.

· The tender process including preparation of documents, assessment of tenders and awarding of contracts would take considerable time and resources that Council does not have to spare.

· The tender assessment processes would be based around on an Evaluation Plan that includes a significant non – price weighting for tenderers that have experience on similar works specifically related to dams. This would ensure that Council only selects a tenderer with a proven capability to complete the work required. Therefore the assessment weighting would be likely to heavily favour Public Works (or GHD) as they have experience on similar projects and have all the background knowledge on this project in particular

· Throughout the course of this project Public Works have been able to demonstrate that their hourly rates and fees are cost competitive with those of private consultants.

· If a tender were to be called, Public Works in their role as Council’s Project Manager would normally provide any assistance required to prepare the tender documentation. However, as they would be providing a tender submission it would be inappropriate to utilise their services.

An external consultant with no background knowledge of the project would have to be engaged and this would most likely result in additional cost and time being incurred by the project.

As previously stated, Public Works as a statutory body are exempt from the tender requirements and Council is free to engage them without going to tender on the proviso that their fee proposal is considered to be acceptable. Given their experience and knowledge of the project as well as the known competiveness of their hourly rates this is considered to be a practical and reasonable way to proceed with the documentation of the Management Plans.

Consideration will also be given to Council completing some of the more basic plans in house depending on available time, resources and workloads.

The current project budget has an allowance for the preparation of the Management Plans.

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

SUSTAINABILITY ASSESSMENT:

Environment

The preparation of the Management Plans will have no direct environmental impact however the implementation of a number of the plans will determine how the environmental impact of the storage is managed.

Social

The preparation of the Management Plans will have no direct social impact however a plan such as the Recreation Plan will govern how the general public are able to use the asset.

Economic

The preparation and implementation of the Management Plans will provide no direct economic benefit

Risk

A number of the Management Plans are put in place to establish procedures that address Council’s risk in the ongoing operation and maintenance of a water supply storage.

FINANCIAL:

Direct and indirect impact on current and future budgets

Council has committed funding for 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.

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:

28848/2013 - Position Paper on Management Plans for Bowraville Off River Storage

Ordinary Council Meeting 11 December 2013

Assistant General Manager Engineering Services Report

ITEM 11.3 SF1621 111213 Nambucca District Water Supply – Off River Storage Adaptive Management Workshop

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

Summary:

The surface water licence issued by the NSW Office of Water for the operation of the off river storage includes a condition requiring Council to prepare and implement and Adaptive Management Plan

An Adaptive Management Workshop was held on 21 November 2013 with a view to introduce new Councillors to the concept of adaptive management and to make all Councillors aware of Council’s obligations in meeting the requirements of the licence.

These obligations essentially involve setting an acceptable river monitoring regime and establishing a River Monitoring Committee to overview the monitoring reports and advise Council in the operation of the Management Plan.

Recommendation:

1 That the proposed River Monitoring Committee (RMC) and Technical Group be combined into the one Committee.

2 That Council be provided with a draft Terms of Reference reflecting the amalgamation of the River Monitoring Committee and the Technical Group with a report to be provided for the 30 January 2014 Council meeting for formal adoption.

3 That the Environment Protection Authority and NSW Department of Primary Industries (Fisheries) be invited to provide an appropriate officer to sit on the River Monitoring Committee.

4 That Council nominate the Council members to represent them on the Committee.

OPTIONS:

No alternative options proposed.

DISCUSSION:

The Adaptive Management Workshop provided a background to the Adaptive Management Strategy adopted by Council through a review of the licence conditions and a previous power point presentation presented to Council by Dr. Ian Campbell from GHD.

Council were also informed of the river monitoring surveys completed to date and the results of the latest survey completed in October 2013 were briefly reviewed. The structure of the River Monitoring Committee and the proposed Technical Group were also derailed.

The matters discussed in more detail were:

· the monitoring of other aquatic life such as fish;

· the concerns that upstream users have with Council’s increased pumping regime; and

· the suggestion to combine the River Monitoring Committee and the Technical Group into one Committee.

Council was informed that the adaptive management strategy considers that fish monitoring would be too difficult and expensive a task for Council to undertake and that freshwater aquatic vegetation was the preferred indicator to monitor. The impact on fish has been specifically mitigated through the extractive licence conditions that prevent Council from pumping during breeding periods when native fish are known to move upriver.

An attempt was also made to explain that the bores would not have an impact on water levels upstream of the borefield as they only have a very localised impact on the water level at the borefield itself. The Councillor who attended the workshop expressed a desire to do some basic monitoring of water levels at a specific location upstream of the borefield during times when the bore pumps are in operation. It was also suggested that the Office of Water river guage may be able to provide some relevant data.

The adaptive management Plan had been proposed to operate with both a River Monitoring Committee and a Technical Group that advised that committee and made recommendation to it. It was suggested that Council may be best served by combining both these groups to form the one River Monitoring Committee. The consensus from the workshop was that there was no reason why this could not work and that the Terms of Reference would be amended accordingly.

There was also discussion on the composition of this committee and how may Councillors would be on it. It was recommended that stakeholders such as the EPA and Fisheries be invited to have a member on the committee.

CONSULTATION:

Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

SUSTAINABILITY ASSESSMENT:

Environment

The preparation of the Adaptive Management Plan will determine the extent of the environmental impact of the off river storage and how that impact is managed.

Social

The preparation and implementation of the Adaptive Management Plan will have no direct social impact.

Economic

The preparation and implementation of the Management Plans will provide no direct economic benefit

Risk

A number of the Management Plans are put in place to establish procedures that address Council’s risk in the ongoing operation and maintenance of a water supply storage.

FINANCIAL:

Direct and indirect impact on current and future budgets

Council has committed funding for in the 2013/14 budget sufficient to complete the remaining works on the Off River Storage Project. The implementation of the Adaptive Management Plans will require the ongoing funding of river monitoring investigations.

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.

	Cats	Dogs
COUNCIL’S SEIZURE ACTIVITY
Seized (doesn’t include those animals dumped or surrendered)	4	4
Returned to Owner	0	2
Transferred to - Council's Facility from Seizure Activities	4	2
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY
Animals In Council's Facility - (Start of Month)	0	4
Abandoned or Stray	1	3
Surrendered	0	4
Animals transferred from Seizure Activities	4	2
Total Incoming Animals	5	13
ANIMALS LEAVING COUNCIL'S FACILITY
Released to Owners	0	1
Sold	0	2
Released to Organisations for Rehoming	0	0
Died at Council's Facility(other than euthanased)	0	1
Stolen from Council's Facility	0	0
Escaped from Council's Facility	0	0
Other	0	0
EUTHANASED
Restricted Dogs		0
Dangerous Dogs		0
Owner’s Request	0	4
Due to Illness, Disease or Injury	0	0
Feral/infant animal	5	0
Unsuitable for rehoming	0	0
Unable to be rehomed	0	0
Total Euthanased	5	4
Total Outgoing Animals	5	8
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)	0	5

1/10 Pacey St, Nambucca Heads	$ 724.00
5/41 Old Coast Road Nambucca Heads	$ 724.00
6/41 Old Coast Road Nambucca Heads	$ 724.00
9/41 Old Coast Road Nambucca Heads	$ 724.00
11/41 Old Coast Road Nambucca Heads	$ 724.00
Total	$3,620.00

MEETING	DATE	VENUE	COMMENCING
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