Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

10 April 2014

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 AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

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 - 10 April 2014

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 - Rev Lisa Williamson (Anglican Church)

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 27 March 2014.................................................................................... 5

5 NOTICES OF MOTION

6 PUBLIC FORUM/DELEGATIONS

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 Gumma Reserve............................................................................................................. 27

9.3 Purchase of Council Industrial Land - Lot 11 Railway Road Nambucca Heads.................... 31

9.4 Economic Directions Committee..................................................................................... 62

9.5 Minutes of the Access Committee meeting held 25 March 2014......................................... 66

9.6 ANZAC Day Centenary Committee Plans for 2015............................................................ 70

9.7 Outstanding DA's greater than 12 months, applications where submissions received not determined from 14 -28 March 2014.................................................................................................. 72

9.8 2014 March - Development Applications Received........................................................... 77

9.9 Construction Certificates Approved March 2014............................................................... 79

9.10 New South Wales Public Library Funding......................................................................... 82

9.11 Short-term allocation of funding for Valla Beach Tennis Club............................................ 85

9.12 Council Ranger's Report February 2014........................................................................... 87

9.13 Council Ranger's Report March 2014............................................................................... 88

10 Assistant General Manager Corporate Services Report

10.1 Schedule of Council Public Meetings............................................................................... 89

10.2 Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 23 October 2013 - Minutes.......................................................................................................................... 91

10.3 Adoption of Draft Policy - Rates Hardship....................................................................... 97

11 Assistant General Manager Engineering Services Report

11.1 Nambucca Emergency Operations Centre Committee - Minutes - 25 February 2014.......... 104

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 27 March 2014

The following document is the minutes of the Ordinary Council meeting held on 27 March 2014. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 10 April 2014 and therefore subject to change. Please refer to the minutes of 10 April 2014 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Brian Finlayson	Cr Paula Flack
Cr Kim MacDonald	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

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

APOLOGIES

Cr Martin Ballangarry OAM, Cr Bob Morrison

PRAYER

Capt Steve Dorman from The Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.3 Valla Quarry - Addendum to Quarry Environmental Management Plan under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this development prior to becoming a Councillor. Cr Hoban left the meeting for this item.

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.5 Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads under the Local Government Act as Cr Flack is an employee of Mid North Coast Local Health District the proposed buyer of the site. Cr Flack left the meeting for this item.

Councillor K MacDonald declared a pecuniary conflict of interest in Item 11.4 Nambucca District Water Supply Steering Committee Meeting - 5 March 2014 under the Local Government Act as Cr MacDonald’s family is the contractor providing fuel for dam construction and she is in daily contact with Haslin Construction.. Cr MacDonald left the meeting for this item.

Councillor K MacDonald declared a pecuniary conflict of interest in Item 11.5 Bowraville Off River Water Storage - Insurance Excess under the Local Government Act as Cr MacDonald’s employer is the contractor providing fuel for dam construction and she is in daily contact with Haslin Construction.. Cr MacDonald left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 March 2014

152/14 RESOLVED: (Smyth/MacDonald)

That the minutes of the Ordinary Council Meeting of 13 March 2014 be confirmed subject to the following amendment:

Item 9.4, the second recommendation - Resolution 131/14 - should read as follows:

That Council write to the Office of Environment and Heritage and the Department of Health seeking information regarding health risks from flying foxes in close proximity of humans – whether there is a risk to individuals exposed to flying fox urine, faeces or saliva in fresh skin wounds acquired during voluntary work in flying fox habitat.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF1933 270314 Notice of Motion - Request for Report on Staff Training (SF125)

153/14 RESOLVED: (Hoban/Flack)

That Council receive a report on staff training outlining what the staff training requirements are, compared to the training offered and the perceived benefit/value/effectiveness of the training given.

NOTICE OF MOTION - CR Hoban

ITEM 5.2 SF1933 270314 Notice of Motion - Request For Council To Convene A Community Forum On Reducing Crime In The Nambucca Valley And To Consider Potential Closure Of The Macksville Court House (SF706)

154/14 RESOLVED: (Hoban/MacDonald)

1 That Council convene a community forum for the purpose of developing strategies to reduce crime in the Nambucca Valley and to consider the impacts of possible closure of the Macksville Court House.

2 That Council identify interested community groups and invite no more than two representatives from each organisation to attend the forum.

3 That Council liaise with Bellingen Council on the potential closure of both Macksville and Bellingen Court Houses.

NOTICE OF MOTION - CR Hoban

ITEM 5.3 SF1933 270314 Notice Of Motion - Request For Council To Consider Transferring Returned SES Vehicles To The Local VRA (SF86)

155/14 RESOLVED: (Hoban/Ainsworth)

1 That Council receive a report on the request from VRA to reallocate one or both of the returned SES 4WD vehicles to the VRA.

2 The VRA be advised of the date the report will be considered by Council so that they can determine whether they wish to address Council on the matter.

NOTICE OF MOTION - CR Hoban

ITEM 5.4 SF1933 270314 Notice Of Motion - RMS Response To Request To Bridge The Macksville Floodplain (SF841)

Motion: (Hoban/Ainsworth)

That Council make further representations regarding the option of bridging the Nambucca Valley floodplain in preference to a filled embankment and culverts.

Amendment: (Ainsworth/Flack)

1 That Council make further representations regarding the option of bridging the Nambucca Valley floodplain in preference to a filled embankment and culverts.

Further, that Council make representation to the Minister outlining the concerns regarding the impact of the construction phase re the availability of cut and fill and the length of the construction period and the long term maintenance costs and possible impact of additional flooding issue. That the Minister note that the beams for the Kempsey bypass were manufactured locally (in Nambucca Shire) and this will result in additional employment for Nambucca Shire.

2 That Council request from the Minister the difference in cost between an earthen filled embankment and bridging including construction and whole-of-life-costs.

3 That Council ask where the earth for the earthen embankment is being sourced.

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

156/14 Resolved: (Ainsworth/Flack)

1 That Council make further representations regarding the option of bridging the Nambucca Valley floodplain in preference to a filled embankment and culverts.

2 That Council request from the Minister advice as to the difference in cost between an earthen filled embankment and bridging including construction and whole-of-life-costs.

3 That Council ask where the earth for the earthen embankment is being sourced.

DELEGATIONS

Resolved: (Flack/South)

That the following delegations be heard:

Item 9.5 Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue

i) Mr Kevin Mills

Cr Flack left the meeting for this Item at 5.51 pm and returned after the conclusion at 6.12 pm.

Mr Mills addressed Council to speaking notes a copy of which is filed on DA 2013/092.

ITEM 9.5 DA2013/092 270314 Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads

Motion: (Ainsworth/Finlayson)

1 That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

2 That following settlement, Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community.

Amendment: (Hoban/Ainsworth)

1 That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

2 That following settlement, Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community.

3 That the $55,000 less valuation expenses be allocated to the work identified on the EJ Biffin Playing Fields master plan.

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

1 That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

2 That following settlement, Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community.

3 That the $55,000 less valuation expenses be allocated to the work identified on the EJ Biffin Playing Fields master plan.

Amendment: (MacDonald/Smyth)

1 That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

2 That Council attribute an amount of $35,000 to the General Donation fund to be earmarked specifically for health related and not for profit organisations; and further, that expressions of interest are called.

3 That the $55,000 less valuation expenses be allocated to the work identified on the EJ Biffin Playing Fields master plan.

The amendment was LOST.

157/14 Resolved: (Hoban/Ainsworth)

1 That Council adopt a sale price of $90,000 (excluding GST) for the site of the proposed Health One community health facility in Fred Brain Avenue, Nambucca Heads.

2 That following settlement, Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community.

3 That the $55,000 less valuation expenses be allocated to the work identified on the EJ Biffin Playing Fields master plan.

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 270314 Outstanding Actions and Reports

158/14 RESOLVED: (Ainsworth/Smyth)

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

ITEM 9.2 SF894 270314 "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013

159/14 RESOLVED: (Finlayson/Ainsworth)

That Council advise the Division of Local Government that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to the member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation.

Cr Hoban left the meeting for this Item at 6.32 pm and returned after the conclusion of the Item at 6.49 pm

Cr Ainsworth took the Chair for the duration of this Item.

Cr Hoban resumed the Chair at 6.49 pm

ITEM 9.3 SF1431 270314 Valla Quarry - Addendum to Quarry Environmental Management Plan

160/14 RESOLVED: (Finlayson/South)

1 Council approve the variations to the Valla Quarry Environmental Management Plan (QEMP).

2 That Council require that within eight (8) weeks Groundwork Plus on behalf of the quarry operator provide Council and the EPA with a complete and current QEMP, ie the original document incorporating the changes described in the addendum

For the motion: Councillors Finlayson, MacDonald, South and Ainsworth (Total 4)

Against the motion: Councillors Flack and Smyth (Total 2)

Note: Cr Flack requested her vote be recorded against this as Council has not seen a completed QEMP with all amendments and Cr Flack was not willing to support/approve something she has not seen.

ITEM 9.4 SF1930 270314 Report on the Financial Impact of Reducing the Cost of Dogs Purchased from the Pound to $150 per Dog

Motion: (MacDonald/Finlayson)

That Council advertise a change in its fees and charges to sell dogs from its pound for $150.00 with the funding subsidy to initially be provided from the Environmental Levy with grant funding to be sought in the longer term from the Government’s foreshadowed response to the report from the Companion Animals Taskforce.

Amendment: (Flack/Smyth)

That Council advertise a change in its fees and charges to sell dogs from its pound for $150.00; that the subsidy initially be provided from the surplus donation budget and that the subsidy is only available for dogs that are desexed, micro chipped, vaccinated and registered and it be limited to two dogs per person per year.

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

161/14 Resolved: (Flack/Smyth)

That Council advertise a change in its fees and charges to sell dogs from its pound for $150.00; that the subsidy initially be provided from the surplus donation budget and that the subsidy is only available for dogs that are desexed, micro chipped, vaccinated and registered and it be limited to two dogs per person per year.

Item 9.5 was dealt with under Delegations.

ITEM 9.6 SF1639 270314 Economic Directions Committee - Minutes from Meeting on 28 January 2014

162/14 RESOLVED: (Finlayson/Ainsworth)

That Council note the minutes of the meeting of the Economic Directions Committee held on 28 January 2014.

ITEM 9.7 SF1920 270314 Minutes of the Access Committee meeting held 25 February 2014

163/14 RESOLVED: (Smyth/Flack)

1 That the Engineers look into signage around the Nambucca Plaza precinct to alert motorists to high pedestrian activity.

2 That the minutes of the Nambucca Shire Council Access Committee meeting held 25 February 2014 be received.

ITEM 9.8 SF734 270314 Deep Creek Entrance Management Policy and Offer of Licence for Crown Land occupation (5 years)

164/14 RESOLVED: (Ainsworth/Finlayson)

1 That Council agree to the licence to occupy crown land for the purposes of managing the Entrance to Deep Creek in accordance with the Deep Creek Entrance Management Policy.

2 That the General Manager and Mayor be authorised to sign the license agreement and Council’s seal be attached to the documentation.

ITEM 9.9 SF1541 270314 Planning Proposal - Commercial Zoned Land Adin Street Scotts Head, Macksville and Nambucca Heads

165/14 RESOLVED: (Ainsworth/Finlayson)

1 That Council support the preparation of a planning proposal to allow commercial zoned land at Scotts Head to be rezoned to B4 Mixed Use, with an appropriate Floor Space Ratio (FSR) reflecting existing development character and the surrounding FSR.

2 That Council endorse the commencement of investigations and preparation of a planning proposal into a refinement of the commercial zones in both Nambucca Heads and Macksville. A further report would be presented for the endorsement of a planning proposal once the matter has been further investigated.

For the motion: Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South and Hoban (Total 7)

Against the motion: Nil

ITEM 9.10 SF1370 270314 Heritage Program and Heritage Strategy

166/14 RESOLVED: (Flack/MacDonald)

1 That Council adopt the draft Heritage Strategy 2014-2017, subject to on page 7 of the Strategy that reference to the quantum of funds be removed as the Council cannot prejudge its future budgets.

2 That Council refund fees related to 138 permits in the 2013/14 round of Heritage fund applications.

3 That, in future years, application/permit fee refunds will be considered on individual basis as part of Council’s annual donations program.

ITEM 9.11 DA2014/008 270314 DA2014/008 - 2 Lot Subdivision - Yarrawonga Street, Macksville

167/14 RESOLVED: (Ainsworth/Finlayson)

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/008 for a 2 lot subdivision of Lot 31 DP 248561, subject to the schedule of conditions outlined in attachment 2 of this report.

For the motion: Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South and Hoban (Total 7)

Against the motion: Nil

ITEM 9.12 SF1947 270314 Outstanding DA's greater than 12 months, applications where submissions received not determined from 31 February to 14 March 2014

168/14 RESOLVED: (Smyth/South)

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

ITEM 9.13 SF1870 270314 Report on December Quarter Budget Review Variations - Nambucca Heads Skate Park; Valla Quarry Legal Costs; Legal Costs generally; "Surplus" from Sale of the 3 lots in Short Street; Unforeseen Saleyard Maintenance Expense

169/14 RESOLVED: (Ainsworth/MacDonald)

That Council note the additional information concerning the budget review variations for the Nambucca Heads Skate Park; the Valla Quarry legal costs; the “surplus” from the sale of the 3 lots in Short Street and the unforeseen Saleyard maintenance expense.

ITEM 9.14 SF732 270314 NSW Governments Sustainable Dredging Strategy - Rescuing our Waterways funding initiative

170/14 RESOLVED: (Flack/Smyth)

That Council not apply for funding under the NSW Government’s Sustainable Dredging Strategy at this time.

171/14 Resolved: (Ainsworth/Finlayson)

That Council receives a report on what it needs to make an application for funding under the NSW Government’s Sustainable Dredging Strategy to develop a strategy and the costs involved.

ITEM 9.15 SF775 270314 Financial Contribution to Arts Mid North Coast

172/14 RESOLVED: (Flack/MacDonald)

That Council make provision in its 2014/2015 budget for a contribution of $5,058 to Arts Mid North Coast and advise Arts Mid North Coast of its continuing financial support.

ITEM 9.16 SF24 270314 Provision of Waste Services to the Inaugural Scotts Head Food, Wine, Music and Art Festival

173/14 RESOLVED: (Ainsworth/MacDonald)

That the Mayor and General Manager be provided with delegated authority to approve expenditure of up to $500 on the provision of waste management for the inaugural Scotts Head Food, Wine, Music and Art Festival.

ITEM 9.17 SF1933 270314 Council Owned Land - Available, Developable Land Stocks, Including any Unsold Blocks

174/14 RESOLVED: (Flack/Smyth)

That the report be noted and any decisions be deferred until a meeting is held with the Land Development Committee.

ITEM 9.18 DA2014/038 270314 DA2014038 - Additions to a Community Facility (Surf Club) - Ocean Street, Nambucca Heads

Motion: (Ainsworth/MacDonald)

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/038 for additions to an existing community facility on Lots 77 & 478 DP 755550 and Lot 7312 DP 1153709, subject to the schedule of conditions outlined in attachment 2 of this report.

Amendment: (Hoban/Ainsworth)

1 That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/038 for additions to an existing community facility on Lots 77 & 478 DP 755550 and Lot 7312 DP 1153709, subject to the schedule of conditions outlined in attachment 2 of this report.

2 That there be an additional clause in the conditions of consent that the Surf Club accept that they are constructing in an identified coastal hazard zone and Council will accept no responsibility for damage to property or contents.

For the motion: Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South and Hoban (Total 7)

Against the motion: Nil

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

175/14 Resolved: (Hoban/Ainsworth)

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/038 for additions to an existing community facility on Lots 77 & 478 DP 755550 and Lot 7312 DP 1153709, subject to the schedule of conditions outlined in attachment 2 of this report.

That there be an additional clause in the conditions of consent that the Surf Club accept that they are constructing in an identified coastal hazard zone and Council will accept no responsibility for damage to property or contents.

For the motion: Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South and Hoban (Total 7)

Against the motion: Nil

Assistant General Manager Corporate Services Report

ITEM 10.1 SF25 270314 Donations Program (Section 356) 2014/2015 - Applications for Councillor Ranking

177/14 RESOLVED: (MacDonald/Flack)

1 That Council agrees to rank applications out of session according to the criteria and Donations Policy requirements set out in the package circularised to Councillors on 13 March and return completed packages to the General Manager by 3 April 2014.

2 That Council agrees to allocate money from Council’s Waste Management budget to meet the waiver of tip fees for charitable organisations in 2014/2015, following consideration of the applications through the Donations Program process.

3 That Council approves a donation of $200.00 to Legacy and that a cheque be drawn from Section 356 funds for this purpose.

4 That Council workshop the Donations Program prior to the commencement of the next Council meeting.

ITEM 10.2 SF251 270314 Schedule of Council Public Meetings

178/14 RESOLVED: (MacDonald/Ainsworth)

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

Assistant General Manager Corporate Services Report - LATE

ITEM 10.3 SF1935 270314 Approval to proceed with ClubGRANTS application

179/14 RESOLVED: (Flack/South)

That Council approve the preparation of ClubGRANTS 2014 grant application by the Grants Officer.

Meeting adjourned at 8.15 pm.

Meeting resumed at 8.45 pm.

Assistant General Manager Engineering Services Report

ITEM 11.1 Q011/2013 270314 Q011/2013 Quotations Road Patching Unit - Local Government Procurement

180/14 RESOLVED: (Flack/Smyth)

1 That Council accept the quotation from Austroad Systems Pty Ltd for the purchase bitumen patching truck as resolved within the confidential report.

2 That Council allocate an additional $80,000.00 from the plant reserve fund for the purchase of the bitumen patching truck.

3 That Council update the contract register.

ITEM 11.2 SF818 270314 Nambucca District Water Supply - Documentation of Management Plans for Off River Storage Water Licence

181/14 RESOLVED: (Ainsworth/South)

That Council engage NSW Public Works to complete the documentation of the Management Plans in accordance with their fee proposal dated February 2014.

ITEM 11.3 SF1621 270314 Nambucca District Water Supply - Adaptive Management - River Monitoring Committee

182/14 RESOLVED: (Flack/Smyth)

1 That Council defer the adoption the Terms of Reference for the Off River storage River Monitoring Committee with all Councillors’ comments to go to the Manager Water and Sewerage by Thursday 10 April 2014 with the matter to be reported to Council’s meeting on 24 April 2014

2 That the adoption of the Adaptive Management Strategy be considered at the first meeting of the River Monitoring Committee.

Cr MacDonald left the meeting for this Item at 9.03 pm and returned after the conclusion of the Item at 9.04 pm.

ITEM 11.4 SF844 270314 Nambucca District Water Supply Steering Committee Meeting - 5 March 2014

183/14 RESOLVED: (Ainsworth/South)

That the minutes of the record of discussion held on 5 March 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

Cr MacDonald left the meeting for this Item at 9.05 pm and returned after the conclusion of the Item at 9.08 pm.

ITEM 11.5 SF1669 270314 Bowraville Off River Water Storage - Insurance Excess

184/14 RESOLVED: (Ainsworth/South)

That Council assume the risk of a flood event and accept that it will pay the insurance excess in the event that the works suffers significant damage.

Assistant General Manager Engineering Services Report – LATE

ITEM 11.6 SF24 270314 Request for Donation of Soil - Macksville Public School

185/14 RESOLVED: (MacDonald/Flack)

That Council provide an allocation of $150.00 from Council working funds towards the supply of soil (one small tipper truck) for the establishment of the Stephanie Alexander Kitchen Garden Program at Macksville Public School.

Assistant General Manager Engineering Services Report – LATE

ITEM 11.7 SF917 270314 Natural Resources Commission - Review into Weed Management

Motion: (Ainsworth/Smyth)

1 That Council acknowledge the proposed changes to weed management may have effect on the funding and statutory/regulatory functions that currently exist for Council.

2 That Council lobby the Local Government Association to be regularly updated on any correspondence or changes to the draft recommendations implemented by the Natural Resources Commission.

3 That Council acknowledge that weed management is best delivered at a local level to ensure that new weed incursions are expediently controlled and widespread species are under effective management within current resource levels and funding limitations.

4 That Council respond to this report in regards to the issues raised in the report to Council.

Amendment: (Hoban/Flack)

1 That Council acknowledge the proposed changes to weed management may have effect on the funding and statutory/regulatory functions that currently exist for Council.

2 That Council lobby the Local Government Association to be regularly updated on any correspondence or changes to the draft recommendations implemented by the Natural Resources Commission.

3 That Council acknowledge the importance of local identification and treatment of weeds but also acknowledge that there needs to be a regional approach to management and control in order to achieve the best result.

4 That Council respond to this report in regards to the issues raised in the report to Council.

5 That Council receive a six monthly report on the activities of the Noxious Weeds Inspector.

The amendment is carried and it become the motion and it was:

186/14 Resolved: (Hoban/Flack)

1 That Council acknowledge the proposed changes to weed management may have effect on the funding and statutory/regulatory functions that currently exist for Council.

2 That Council lobby the Local Government Association to be regularly updated on any correspondence or changes to the draft recommendations implemented by the Natural Resources Commission.

4 That Council respond to this report in regards to the issues raised in the report to Council.

5 That Council receive a six monthly report on the activities of the Noxious Weeds Inspector.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/MacDonald)

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 SF818 270314 Nambucca District Water Supply - Documentation of Management Plans for Off River Storage Water Licence

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 SF1851 270314 Restructuring of Information Technology Section

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 Q011/2013 270314 Q011/2013 Quotations Road Patching Unit - Local Government Procurement

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.25 pm.

RESUME IN OPEN MEETING

Resolved: (Ainsworth/South)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.50 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF818 270314 Nambucca District Water Supply - Documentation of Management Plans for Off River Storage Water Licence

187/14 RESOLVED: (Ainsworth/South)

That Council engage NSW Public Works to complete the documentation of the Management Plans in accordance with their fee proposal contained in the Confidential Report dated February 2014.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1851 270314 Restructuring of Information Technology Section

188/14 RESOLVED: (Ainsworth/Finlayson)

That the position of GIS Officer be made redundant and that Council recruit an Information Technology Officer, whose duties include the management of Council’s electronic engagement with the community at large, including management of Council’s website, intranet, social media, and all e-services (current and future).

For Confidential Business Paper in Closed Meeting

ITEM 12.3 Q011/2013 270314 Q011/2013 Quotations Road Patching Unit - Local Government Procurement

189/14 RESOLVED: (Ainsworth/South)

That the information be noted.

General Manager Report – LATE

ITEM 9.19 SF1851 270314 Addendum to Restructuring of Information Technology - Recommendation of the Consultative Committee

190/14 RESOLVED: (Flack/Ainsworth)

That Council note the concerns raised by the Consultative Committee and take them into consideration when determining whether to amend the corporate structure.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.50 pm.

Confirmed and signed by the Mayor on 10 April 2014.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 10 April 2014

General Manager

ITEM 9.1 SF959 100414 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.

FILE

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

STATUS

MARCH 2011

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

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

SF1031

21/7/11

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

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

SF1460

17/11/11

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.

Shall be reviewed as part of the 2014-15 budget.

To be included in with proposed rates workshop – April 2014.

JULY 2013

RF275

25/7/13

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.

Letter sent 1 August 2013.

Follow up letter sent 8 November 2013

Recent (January 2014) advice received from National Parks supporting provision of restricted 4 wheel drive access for National Parks and emergency vehicles. National Parks also looking for rehabilitation of eroding slopes. RMS advised that Council supports the submission from National Parks.

AUGUST 2013

SF1031

14/08/13

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.

Deferred until April – Staff dealing with landslips.

SEPTEMBER 2013

SF1817

26/09/13

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.

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.

MBD to follow up on return from leave.

OCTOBER 2013

SF1496

31/10/13

That Council note that the Nambucca River, Creeks, Estuary & Coastline Management Committee supports Council in any initiative to close our rivers to commercial fishing or reduce the impact of commercial fishing on our rivers and encourage Council to become fish friendly Council with the aim of protecting fish habitat and encourage sustainable fishing. That in this respect, Council request the Dept. of Fisheries to write to those people and organisations where it is considered that this motion may have either a positive or negative effect on their business or the Shire if the river was closed and to ask these organisations and people their opinion eg those with fish licences, fish shops and other organisations that provide tourist facilities like caravan parks and our local tourist committee and associations.

Strategic Planner

Grant Nelson wrote to Fisheries on 6/11/13 (28076/2013), no response to date.

Follow-up letter sent 7 February 2014

Arrangements being made for Fisheries to address Council in April 2014 in relation to both fish habitat and the impacts of commercial fishing.

NOVEMBER 2013

SF1817

13/11/13

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.

Acknowledgement letter received from RMS advising the matter has been referred for investigation, (copy of RMS letter provide to Councillors on 17/12/13.)

Raised at the Traffic Committee on 4/2/14. RMS advised that the matter is being investigated.

SF600

13/11/13

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.

Awaiting lodgement of EIS.

SF 825

13/11/13

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.

SF642

28/11/13

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

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

DECEMBER 2013

SF1830

11/12/13

Council consider options for upgrading its Pound when it considers its draft budget

Report February/March 2014

Deferred to April 2014

Proposed upgrade included in Draft Budget.

SF1830

11/12/13

That grants be sought to assist with the Pound upgrade costs.

Report February/March 2014

DLG have announced a grant scheme arising out of the Companion Animals Taskforce. Will need to await the formal release of the funding guidelines and criteria.

SF1830

11/12/13

That an on-line companion animal re-homing scheme via the website, Facebook and the local veterinary clinics start as soon as possible.

Implementation January 2014.

Update as at 6 February 2014 - Ranger and Manager Information Technology refining template for website and newspaper advertising as well as operational arrangements eg, length of time animals are held, whether website is updated daily, animals unsuited to re-homing. The view of Council’s Ranger is that animals which are deemed unsuited to re-homing should not be part of the re-homing scheme. These constitute the large majority of animals euthanized at the pound and comprise animals with a vicious nature or with health risks.

Status as at 17/3/2014 – software has been acquired and installed and is being tested.

SF1830

11/12/13

Council contact local media outlets to establish whether as a community service they would be prepared to promote Council’s initiative to save animals from euthanasia and that a media release be issued once the web based animal re-homing scheme is operating.

MDE

Implementation January 2014.

Update as at 6 February 2014 – as per comment on preceding item.

SF1915

11/12/13

Council note that before a determination as to whether the pool inspection program be shortened, a compilation of the pools is required through investigation of aerial photographs and the current pool register and that a further report be provided to Council once staff have completed this investigation.

MBD

April 2014

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

SF1856

11/12/13

Council invite Mr Kent Lee (LLS Chair) to make a presentation on the Local Land Services

Invitation issued 10 January 2014.

Follow up letter sent 20 February 2014

SF6515

11/12/13

(Macksville Industrial Estate Channel Remediation Works) That Council seek legal advice as to the ownership of the lot containing the drainage channel in the event that Eureka 2 Project 6 Pty Ltd becoming insolvent and the responsibility of liability to rectify the channel. That following legal advice, Council receive another report to determine whether Council should issue a Notice of Intent to issue an order for the remediation of the drainage channel which shall include the terms of the proposed order to be issued to Eureka 2 Project 6 Pty Ltd a) to provide a firm timeline for the remediation of the blocked & unstable drainage channel b) carry out initial works to improve the integrity & capacity of the existing blocked drain c) carry our works that will provide for a permanent solution to unstable drainage walls and floor to the satisfaction of Council.

AGMES

Report in February 2014

Has not been actioned as yet - Council advised that the company has already been placed into liquidation. Brief being redrafted for the legal advice and report to April Council meeting.

JANUARY 2014

SF1933

16/01/14

DA 2013/170 (Boundary adjustment, shed, depot at Valla) be called in for determination by Council and there be a site inspection.

Additional information in relation to the proposed crushing and processing of material is to be submitted by a planning consultant. At this stage it is unknown when the application will be referred to Council for determination.

SF1855

16/01/14

Council resolve to progress to detail plans for River Street – Macksville Streetscape Improvement

The consultant is to be engaged in February 2014 to prepare the plans. The matter was presented to the Local Traffic Committee on 5 February 2014.

DA2012/069

16/01/14

Council seek a delegation with the Hon. Andrew Stoner regarding a reduced speed zone on the Pacific Highway at the Upper Warrell Creek Road intersection.

AGMES

Delegation has not been organised as yet. RMS has provided verbal information that the speed zone will be reduced. Council waiting for formal confirmation. If the letter is not forthcoming, the delegation will be organised.

SF1947

16/01/14

Investigate the possibility of reporting DA’s lodged in the previous month.

Report in March 2014.

Deferred to April 2014

SF1031

30/01/14

Review Code of Meeting Practice to provide greater clarification of the term “due notice” in relation to business transacted at Council meetings; the conduct of public forums and any other matters that need updating or review.

Report April 2014

SF1933

30/01/14

Council receive a report on possible ways to remedy time wasting associated with the approval of minor donations.

Advice sought from DLG.

Report March 2014

Still awaiting advice from DLG, deferred to April 2014

SF1031

30/01/14

A further report on the draft Rates Hardship Policy be considered by Council on 13 March 2014 (following the close of the submission period).

AGMCS

Submissions close on 23 March.

Report 10 April 2014

FEBRUARY 2014

~~SF1933~~

~~13/02/14~~

~~Council erect flood height indicators at the causeway located 100m before 71 Sundowner Road. Council receive a brief report on the merit or otherwise of naming the causeway.~~

~~AGMES~~

~~Report on the naming of causeway/floodway to April 2014. Instructions have been issued to install flood height.~~

SF1933

13/02/14

Council consider a budget allocation of $10,000 for the purpose of recognising and/or supporting existing businesses within the Nambucca Valley ….

Report May 2014

SF734

13/02/14

Council defer the request from the Leckie’s to acquire a small section of Gordon Park and request representatives of Crown Lands come to Council to explain the proposal and its implications.

Letter to Crown Lands’ representatives requesting their attendance at a Council meeting sent on 11/02/14. Email acknowledgement received the same day.

SF1755

13/02/14

Council receive a brief report from the AGMCS indicating the progress in his section, strengths and weaknesses and future direction.

AGMCS

Report to March 2014.

Deferred to April 2014.

~~SF1479~~

~~27/02/14~~

~~There be a further report to Council on the proposed sale of proposed lots 11 and 12, Railway Road, Nambucca Heads.~~

~~Report to meeting in April 2014~~

SF844

27/02/14

That Council prepare a Dam Filling Options report as required by the Office of Water and undertake consultation with Fisheries, EPA and downstream landholders.

AGMES

Report July 2014

DA2011/071

27/02/14

Council investigate whether NVC meets the requirements of the LG Act for a consideration in the reduction in (footpath occupation) fees …

AGMES

Report to April

MARCH 2014
34	PRF28	13/03/14	Council receive a report on the cost of installing interpretive signage in relation to flying fox habitat with appropriate warnings etc.	GM	Report April 2014.
35	SF125 SF1933	27/3/14	Report on staff training outlining what staff training requirements are, compared to training offered; perceived benefit/value/effectiveness of training	GM MHR	Report May 2014
36	SF706 SF1933	27/3/14	Convene community forum to develop strategies to reduce crime and consider impact of closure of M/V Court House Identify interested community groups Council liaise with Bellingen council on potential closure of both M/V and Bellingen Court Houses	GM	Await outcome of meeting on 13 April at Nambucca Heads Bowling Club
37	SF86 SF1933	27/3/14	Council receive a report on the request from VRA to reallocate one or both returned SES 4WD vehicles to the VRA	AGMES	April Meeting
38	SF841 SF1933	27/3/14	Council make further representations re the option of bridging the NV floodplain in preference to a filled embankment and culverts. Council make representations to the Minister re concerns regarding impact of construction phase – cut and fill and length of construction period and long term maint-enance costs and impact of addition flooding issue.	AGMES	Letter drafted 3 April 2014
39	SF1431	27/3/14	Council require that within 8 weeks Groundwork Plus provide Council and the EPA with a complete and current QEMP	GM	Letter drafted weekend 4 April 2014
40	SF1930	27/3/14	Council advertise a change in fees & charges to sell dogs from the pound	MDE
41	SF1541	27/3/14	Commercially zoned land – Council receive a further report for endorsement of a planning proposal once the matter has been further investigated.	GM	Report May 2014
42	SF732	27/3/14	Council receive a report on what it needs to make an application for funding under the NSW Gov Sust Dredging Strategy to develop a strategy and the costs involved.	GM	Report May 2014
43	SF251	27/3/14	Council workshop the Donations Program prior to the commencement of the next Council Meeting	AGMCS	Tentatively arranged workshop but awaiting Councillors’ responses (only one response received as at 2/4/14)
44	SF1621	27/3/14	Comments to MWS by 1/4/14 re adoption of T of R for the Off River Storage Monitoring Committee The adoption of the Adaptive Management Strategy be conserved by the River Monitoring Committee.	AGMES	Memo being drafted to Councillors

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 10 April 2014

General Manager's Report

ITEM 9.2 PRF54 100414 Gumma Reserve

AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Wayne Lowe, Manager Business Development

Summary:

Council is making good progress with the upgrading of the Gumma Reserve. This is mainly a consequence of $110,000 in grant funding from the Public Reserves Management Fund. However from feedback received over the past 4 months there needs to be further changes made to camping fees and allowing dogs on leads if Council is to maximise the income from the Reserve and its economic benefit to the Shire.

Recommendation:

1 That the camping fees for the Gumma Reserve be:

· $20 per site per night in the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays with the maximum number of people allowable per site being five. Additional persons to be charged at $5.00/head.

· $12 per site per night outside of the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays with the maximum number of people allowable per site being two people. Additional persons to be charged at $5.00 per person.

· $10 per site per night outside of the NSW Christmas school holidays, the Easter school holidays and the September/October school holidays for single travellers.

2 That Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior the peak season.

3 That Council charge a fee for dogs of $2.00 per night to cater for the cost of dog poo bags together with their disposal.

OPTIONS:

There are many potential options in relation to the management of the reserve, the applicable camping fees and whether or not dogs are allowed in the Reserve.

DISCUSSION:

Progress with Primitive Camping Ground Upgrade

Council received grant funding under the Public Reserves Management Fund of $111,000 for the upgrading of the Gumma Reserve primitive camping ground. The grant funding was to renovate the existing amenities building and replace the previous failing septic tank with a 22,000 litre pump out effluent management system as the $111,000 would not have been sufficient funds to build a new building above the existing high flood mark and install a new effluent system.

The project was completed before Christmas.

A new solar system was installed prior to the Christmas period break providing power for lighting at night for campers and for the emergency light identifying that the effluent requires pump out to avoid a possible pollution event.

The project required dewatering to keep groundwater out of the excavation required for the three large subsurface tanks. The project coordination was effective with the tanks installed and connected between the17^th – 19^th December allowing for the fencing and earthworks to be completed before the Christmas break up on 24^th December.

The key to sustainability of the new effluent pump out system is to stop any excess water running into the effluent system thus requiring fewer costly pump outs. As the new effluent system separates solids from liquids, the new pump out charges for receiving the effluent at Council’s sewage treatment plant are 50% lower than the previous charge. Other works to deliver water efficiencies will be to install spring loaded taps in the wash basins. This will occur after the Easter school holidays.

Even though council staff had the new effluent system installed many issues remained and ongoing works were required to renovate the amenities building, install a new solar energy system and install new cisterns. Arrangements are currently being made to install a new bore to draw better quality water for 2 new outdoor showers. The new bore is expected to be installed after the Easter school holidays.

An effluent dump point has also been installed on site for use by self-contained motor homes and caravans and to stop any illegal dumping near the reserve.

The other work proposed with the grant funding is the provision of two x double gas barbeques with shelters.

After this work is completed there will be a check of expenditure against the grant funding and if there is any residual grant funds, arrangements will be made to obtain authorisation for expenditure on other work associated with the Reserve.

Income & Expenditure

Since late 2013 Council’s Manager Business Development has moved away from Council “day labour” staff to collect fees, clean toilets and remove rubbish with a set contract rate. Lawn mowing at the Reserve is already undertaken by a contractor.

In twelve months’ time Council will have accurate cost data and will be in a position to seek expressions of interest for the contract management of the Reserve.

Over the school holiday period, whilst the income exceeded the expenditure for the total six week period some visitors made it known that they were leaving earlier than previous years due to the increased fees. Other than the peak Christmas week there was still available camping space over the January/ February period. Many locals did not leave caravan and tents on site for extended periods visiting the site periodically as claimed was taking place in previous years.

Electronic Booking and Banking

Both electronic booking and banking was trialled unsuccessfully over the peak period. Unfortunately whilst there is mobile telephone reception at the site, the signal strength was inadequate for a wireless debit/credit card reader.

Brochure

A brochure was produced that clearly identifies the camping terms and conditions. It provides that no tents should be erected within 2.5m of any other tent group and that there be 3m separation for caravans.

Fees and charges

Council’s Manager Business Development is of the opinion that the existing fees and charges require amendment to be competitive with the broader tourism industry. It is in Council’s interest to have the reserve used by the grey nomads in the quiet non-school holiday periods. Usually they travel single or in pairs and $12.00 per night is the average going rate for off season, not including National Parks where $28.00 per night is the average. However National Parks often deliver hot showers and full time rangers/caretakers.

The existing fees set at $20.00 for a family of five plus $5.00 per person was accepted by most that attended to the reserve over the Christmas holiday period and could be slightly increased in the future to manage any over demand. It is suggested there be no change to these fees at the moment.

However if Council seeks to place the Gumma Reserve as a competitive tourism product in the market then Council will need to meet the needs of the market and build the off season stop overs. The recommended reduction in fees and charges to $12 per night for 2 people, plus $5.00 per extra person in off season periods should build the business.

Dogs

Many complaints were received about the decision to not allow dogs in the Reserve after March 2014. There have been no reported problems caused by dogs in the Reserve. A “no dog” policy will be a significant disincentive to off season use by “grey nomads”, many of whom travel with their dog (usually small).

In the tourism industry it is becoming more common practice to accept dogs at caravan and camping site. If council is keen on growing the business and patronage at the Gumma reserve to improve its financial return and the overall economic benefit to the Shire, then allowing dogs on leads would only attract more visitation and increased business.

The other problem is that many locals attend the Gumma reserve on day visits and bring their dogs. This will cause problems for the contractors when collecting fees from campers with no permanent caretaker on site to manage day visitors. There will be inconsistencies in the way the site is managed, potentially with day visitors bringing their dogs onto the Reserve whilst Council prohibits campers from having dogs on the Reserve.

CONSULTATION:

There has been consultation with the Manager Business Development, the General Manager and with the contractors who have been collecting camping fees.

SUSTAINABILITY ASSESSMENT:

Environment

There are no significant implications for the environment. If leashed dogs are allowed on the Reserve then Council should provide “doggy poo” bags as are supplied at other Reserves used by dogs.

Social

There is a growing recognition of the importance of “dog friendly” camping and caravan sites, particularly to older “grey nomad” tourists who travel with a companion animal.

Economic

The economic implications are discussed in the report. The major economic benefit to the Shire is in attracting tourists from outside the local government area and encouraging them to stay and spend in the area. To this extent Council’s target market should be visitors, many of whom are “grey nomads”, who often arrange trips outside of school holidays

Risk

There are a number of risks in operating the Gumma Reserve. Council has attended to the major identified risk being the failing septic tank which has now been replaced. The report mainly concerns the risks to developing a sustainable business model for the Gumma Reserve, in terms of camping fees and allowing dogs.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report concerns the risk to revenue as a consequence of the existing camping fees and proposed prohibition on dogs.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Service level changes and resourcing/staff implications

The change to contracted provided services has freed up the time available to Council’s town services staff and Rangers (the latter were collecting the fees).

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 10 April 2014

General Manager's Report

ITEM 9.7 SF1947 100414 Outstanding DA's greater than 12 months, applications where submissions received not determined from 14 -28 March 2014

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1) (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

134 public submissions

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 two 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	4 public submissions · 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 In principal support provided by Council. LEP Amendment referred to DOP for consideration. Conditions forwarded to applicant for consideration by the Crown. Awaiting Planning Proposal and resolution of land sale Report deferred for Council determination 10/4/2014
2013/170	18/11/2013	Boundary Adjustment, shed, operate depot	Lot 2 DP 881651, 296 Valla Road, Valla	11 public submissions · Land zoned Agricultural/Rural and this is to establish an Industrial enterprise · Industrial site planned for the Cow Creek area and this is where should be located · More than enough trucks on Valla Road especially with the application for the Valla Quarry being considered with more trucks · Applicant owns very large machinery · Increase in residential numbers over the past years therefore increase in vehicles and these will have to compete with industrial vehicles · Increase in noise and dust · If granted, potential to cause a decrease in the value of the land · Water issues – drains directly into Deep Creek and floods are observed frequently on this land · Air quality reduced by dust and toxics · Green fill would be odorous – comparable to a rubbish tip · Valla Road is not coping with current usage with pot holes – stone chips are common · No compatibility of the proposal to adjoining grazing properties · No mention of 2 operations involving use of concrete crusher and greenwaste tub grinder which is exceedingly noisy · Disagree with “development compatible with adjoining neighbours” · Feeders – running times and how monitored, location · No selling of materials – secondary aggregate is valuable commodity · Water pollution · Most properties in neighbourhood are rated Residential/Village Estate not compatible to industrial · Directors do not reside near property so removed from noise pollution · Visual amenity · Staff amenities not appear convenient for industrial use · Unsupported by adequate environmental impact studies · Council setting precedent for the use of vital agricultural land Notification period extended for a further 14 days Additional information requested · SOEE · Small vegetable garden near by · No adjoining properties have similar development – how compatible · Servicing of site for plant and vehicles – what petroleum being used and storage · Drainage bunded to prevent fuels into water table · What sort of clean fill · Recycled materials being used – what · ? weekday will allow for non impact crushing and plant operation · Construction of sediment ponds · Rubbish – increase in traffic 1 late submission Applicant finalising information required
2014/001	02/01/2014	Tourist Accommodation	Lot 3 DP 1035204, Seascape Place, Scotts Head	1 submission received and requested that content remain confidential
2013/183	12/12/2013	Part Collector Road	Lot 74 DP 832082, Marshall Way, Nambucca Heads	15 public submissions · Increased traffic flow · Large delivery trucks and semi-trailers driving up quiet street · Impact of traffic with older residents of area eg Osprey Villas and Farrington Village · Thought to be a closed road · Decrease in land and house values · Increased noise · Traffic from homes onto street causing traffic hazards · Road in poor condition · Short cuts to Waste Transfer Centre and to and from Bowraville and other facilities at Plaza and area · Concerned over Endangered Ecological Community Swamp Sclerophyll Forest · Even though no recorded sites of Aboriginal cultural heritage values with the property does not mean there are not any · 120m away fence shows little respect for area given · Provision of screening does not satisfy “the Aboriginal People” · Concerns of the men of the Gumbaynggirr Nation to be taken into account and the Aboriginal Cultural Heritage Management Plan 2003 · Playing Fields will be exposed to traffic · Endangered swamp area · A number of steep driveway accesses · Reduction of speed limit to 40km/h in vicinity of the Plaza and Medical Centre · Vehicles parked on both sides of road at Pre-School · Vehicles go round RoundaBout the wrong way · Negative effect on Koala population · Means to “backdoor” to earlier DA2012/11 · Statement of Environmental Effects associated with Collector Road does not address traffic issues · Dispute Traffic Report which states that traffic will use Old Coast Road overpass as consider vehicles will use Marshall Way · Sell properties · Conflict of Interest · Acid Sulphate soils Planning Consultant to work in house and provide report

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 10 April 2014

General Manager's Report

ITEM 9.10 SF838 100414 New South Wales Public Library Funding

AUTHOR/ENQUIRIES: Tracey Ross, Senior Librarian

Summary:

The NSW public library funding is an historic issue that has been ignored by successive NSW governments. The funding level has now reached a crisis point. The Key issues are:

· NSW receives the lowest per capita funding for public libraries from the State Government of all

states in Australia;

· State Government expenditure on public libraries has decreased as a proportion of total public library expenditure from 23% in 1980 to 7% in 2013.

· NSW Local Government Councils are currently paying 93% of the costs to operate public libraries in NSW (which are governed by state legislation);

· The current NSW Public Funding Library Strategy includes three components:

o Per capita subsidy (legislated at $1.85 per NSW resident) - $13,503,243 in 2012-13;

o Disability and Geographic Adjustment (DGA) – includes a component of population-based payments and a proportion of payments based on five disability factors developed by the NSW Local Government Grants Commission (pre-school children; people over 65; people from a non-English speaking backgrounds (NESB); population distribution; isolation) - $6,551,966;

o Library Development Grants - $549,996 (this amount reduced from $3.3m in 2005-06)

· The NSW Public Library Funding Strategy is not indexed to population growth or the consumer price index (CPI). This means that:

o Funds have been taken from the Library Development Grant pool over a number of years to meet the increased per capita subsidy costs (and the per-capita component of the Disability and Geographic Adjustment fund) as the NSW population increases each year. If the government had not provided an “additional” $2m to maintain the Country Public Libraries fund contribution in 2013-14, there would be no funding left for Library Development Grants; and

o If the current funding situation is not addressed urgently, NSW councils will suffer a reduction in their Disability and Geographic Adjustment payments to meet the increase in legislated per-capita subsidy costs for additional NSW population.

Recommendation:

That Council provide support to the campaign mounted by the NSW Public Library Associations for increased State funding to Local Government for public libraries by:

a. Making representation to the local State Member, the Hon. Andrew Stoner MP, in relation to the need for additional funding from the NSW State Government for the provision of public library services

b. Writing to the Hon. George Souris, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries

c. Approving the distribution of NSW Public Library Associations campaign information in Nambucca Shire Council Libraries.

OPTIONS:

1. That Council note the report and adopt the recommendations stated above.

2. That Council note the report and adopt different recommendations to those stated in this report.

DISCUSSION:

During the 2011 election campaign, the current NSW State Government made a pre-election commitment to undertake a comprehensive review of the quantity and allocation of funding for NSW public libraries. To date there has been no significant action by the government to meet this commitment.

In the absence of any government action the Library Council of NSW used the government’s pre-election commitment as a trigger to convene a committee of representatives from the Public Libraries NSW Association (representing regional and rural councils and libraries), the NSW Metropolitan Public Libraries Association (representing metropolitan councils and libraries), and the State Library of NSW, to develop an evidence-based submission about public library funding.

The Library Council of NSW then provided a submission to the State Government called Reforming Public Library Funding in October 2012. The evidence-based submission recommended a fairer, simplified and more transparent method for the distribution of funds.

The following principles for a new approach were recommended:

· Establish a base level of funding for councils with populations below 20,000 people (a safety net for small councils);

· Grant a modest increase in per-capita allocations for all councils to recognise cost movements since 1994;

· Address disadvantage transparently through the application of appropriate disability factors;

· Phase out anomalies in current allocations due to former council amalgamations;

· Ensure sustainability by ensuring that no council receives less recurrent funding than 2012/13; and

· Build and maintain infrastructure via a substantial capital fund, entitles the Building Library Infrastructure Program.

The Library Council recommended that recurrent public library funding to councils be adjusted from the current $26.5m to $30m per annum from 2013/14 and indexed from the following year. This would be allocated as follows: 68% ($20.4m in 2013/14) to councils by population, with a base level of funding for councils with fewer than 20,000 residents; 17% ($5.1m) to councils by NSW Local Government Grants Commission (LGGC) disability factors to explicitly address disadvantage; and 15% ($4.5m) applied to Statewide Programs.

In addition, a Building Library Infrastructure Program of $30m per annum for building and maintaining infrastructure was recommended to replace the now defunct provision of grants from operating funds. This program would enable councils to renew library buildings, systems, collections and equipment in regional, urban and growth areas. It was proposed that this be phased in, rising to $30m over the years from 2013/14 and indexed thereafter.

Many NSW councils, including the Nambucca Shire Council, wrote to the Hon. George Souris, Minister for the Arts during 2012, urging the State Government to adopt the Reforming Public Library Funding strategy. Despite the high level of expectation that the State Government would fulfil its pre-election undertaking to review and increase its funding allocation to NSW public libraries, this did not eventuate in the 2013 state budget.

Campaign

The NSW Public Library Associations (NSWPLA), representing country and metropolitan libraries, are now coordinating a targeted campaign to bring the situation to the attention of politicians and funding decision makers to address the problem. Given that 44% of the state’s population are library users, it is anticipated that there will be strong support for the campaign in the community. Research also highlights the high value placed on public libraries by users and non-users alike.

CONSULTATION:

The Manager Community and Cultural Services has been consulted in the preparation of this report.

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues associated with this report.

Social

There are no social issues associated with this report.

Economic

There are economic issues for library funding associated with this report. If government funding levels for public libraries are not increased this will impact on the ability of local councils to sustain service levels, programs, collection and infrastructure.

Risk

The risks pertaining to NSW State Government funding for libraries are those of the sustainability of library services across the state.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no proposed change to the current budget for the Nambucca Shire Council Libraries.

Source of fund and any variance to working funds

As per the above, there is no proposed change to the current budget for the Nambucca Shire Council Libraries.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 10 April 2014

Assistant General Manager Corporate Services Report

ITEM 10.3 SF1031 100414 Adoption of Draft Policy - Rates Hardship

AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services

Summary:

The purpose of this report is to consider the adoption of a Draft Rates Hardship Policy setting the parameters for the assessment of hardship applications in accordance with Sections 564, 567 and 601 of the NSW Local Government Act 1993.

A draft Rates Hardship Policy was presented for Council’s consideration at the meeting 30 January 2014. The Draft has now been exhibited for public comment for 28 days and is represented to Council with a recommendation to adopt the Draft as policy.

Recommendation:

That Council adopt the Draft Rates Hardship Policy.

OPTIONS:

No policy is adopted or Council amends the draft policy before adopting it.

DISCUSSION:

No submissions have been received on the draft policy.

The NSW Local Government Act 1993 provides Council with three (3) options for providing assistance to ratepayers who are finding it difficult to pay their rates and charges because of financial hardship.

(1) Sections 564 and 567 – Council can enter into payment agreements with ratepayers, who cannot meet their normal instalment payments as provided by the Act and may write off interest charges.

(2) Section 582 – 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.

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.

(3) Section 601 – Any ratepayer who incurs a rate increase in the first year following a revaluation of land values can apply to Council for rate relief if the increase in the amount of rates payable would cause them substantial hardship.

Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable.

The Draft Rates Hardship Policy outlines how Council may help ratepayers who experience genuine financial difficulties to pay their rates and charges (financial hardship). The main objective of the Draft Rates Hardship Policy is to provide for the welfare of resident ratepayers and resident dependents and for the protection of their place of residency.

Guidelines released by the Local Government and Shires Associations (now Local Government NSW) in August 2011 recommended that the policy should cover:

- Financial hardship resulting from certain changes in land valuation according to Section 601 of the NSW Local Government Act 1993;

- All other instances of financial hardship; and

- Reference to and/or include concessions available to pensioners under Section 575 of the NSW Local Government Act 1993.

The LGNSW guidelines state that the policy should distinguish and deal with residential, business and farmland ratepayers. Generally, commercially used properties (business, farmland) should be excluded from the policy. However, the policy should include arrangements for the scenario where the commercially used property is also used as a place of residency.

In accordance with the Act and taking into consideration the LGNSW guidelines, the attached Draft Rates Hardship Policy provides for the following hardship assistance:

(1) Assistance by periodical payment arrangements (Section 564)

(2) Assistance by writing off accrued interest and costs (Section 567)

(3) Assistance due to general revaluation of the Local Government Area (Section 601)

The draft policy sets out the administrative process and the General Manager has the delegated authority to assess applications. In the first instance the application will be reviewed by the Hardship Committee appointed by the General Manager.

Reductions for eligible pensioners (Section 575 NSW LGA 1993)

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.

CONSULTATION:

Manager Special Projects – Peter Wilson prepared the draft policy and initial report.

In addition to the statutory requirement for pensioner rebates, councils have adopted a Rates Hardship Policy.

Council resolved 11 December 2013, inter alia, “That Council not adopt (an additional voluntary) pensioner concession, under Section 582 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.”

The General Manager has the following Delegations of Authority:

· To approve interest charges accrued pursuant to Council’s power under section 567 of the NSW Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person’s control or payment of the accrued interest would cause personal hardship.

· To approve interest charges on current years rates and annual charges levied pursuant to Council’s powers under S564 of the NSW Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

· To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council, except for the compulsory sale of land for unpaid rates.

· To approve the disconnection of the water supply to a property for non-payment of water charges and to order the reconnection to the water supply.

IPART when assessing Council’s Special Variation Application is required to assess the impact on ratepayers. Factors considered include consideration of how the council’s hardship policy might reduce the impact on ratepayers.

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications

Social

The availability of financial assistance by way of a Rates Hardship Policy assists eligible pensioners and others on low incomes in affording and remaining in their own home.

Economic

There are no significant economic implications.

Risk

There are no significant risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

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

Pensioner Concessions	Ordinary	Water	Sewerage	Total
Number of ordinary rate assessments	9,249
Number of concessions granted 2013/14	2,403	1,785	1,588
Percentage of ordinary rate assessments	25.98
Claim 2013/14	$ 574,050	$ 157,900	$ 133,167	$ 865,117
Subsidy claimed (x 0.55)	$ 315,727	$ 86,845	$ 73,242	$ 475,814
Council costs	$ 258,322	$ 71,055	$ 59,925	$ 389,303

The writing-off of interest will reduce Council’s income from interest charges.

Source of fund and any variance to working funds

Not applicable.

Service level changes and resourcing/staff implications

Not applicable.

NAMBUCCA SHIRE 2023 COMMUNITY STRATEGIC PLAN ALIGNMENT:

This policy aligns with the following strategic direction within the Nambucca Shire 2023 Community Strategic Plan:

1.1 Citizen Engagement

Objective: The Council and its community support open government where public participation is encouraged not only in policy development and major decisions, but in the day to day administration of the Council.

Attachments:

9081/2014 - Rates Hardship Policy (2)

Ordinary Council Meeting - 10 April 2014

Adoption of Draft Policy - Rates Hardship

NAMBUCCA SHIRE COUNCIL

RATES HARDSHIP POLICY

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.’

1.0 Policy objective

1.1 To provide assistance to ratepayers experiencing genuine substantial financial difficulties with the payment of rates and charges, and

1.2 To provide an administrative process to determine applications for financial hardship concessions.

1.3 To fulfil the statutory requirements of the NSW Local Government Act 1993 and NSW Local Government (General) Regulation 2005

2.0 Related legislation

The Local Government Act 1993 (the Act) provides Council with the following options to assist ratepayers with financial hardship:

1. Section 564 – Periodical Payment Agreements.

(a) A Council may accept payment of rates and charges due and payable by a person in accordance with an agreement made with that person.

(b) The Council may write off or reduce interest accrued on rates and charges if the person complies with the agreement.

2. Section 567 – Writing off of Accrued Interest.

The Council may write off accrued interest on rates and charges payable by a person if, in its opinion:

(a) the person was unable to pay the rates and charges when they became due and payable for reasons beyond the person’s control, or

(b) the person is unable to pay the accrued interest for reasons beyond the person’s control, or

3. Section 577 – Extension of Concession to Avoid Hardship

This section deals with eligible pensioners and Council currently has an existing policy regarding the extension of the Pensioner Rate Rebate (concession) and it is not proposed to alter such policy.

4. Section 601 – Hardship Resulting from Certain Valuation Changes

(a) A ratepayer who, as a consequence of the making and levying of a rate on a valuation having a later base date than any valuation previously used by a Council for the making and levying of a rate, suffers substantial hardship, may apply to the Council for relief under this section.

(b) The Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as it thinks fit.

Every three (3) years the Land and Property Information provide Council with a general revaluation of all properties within the shire for rating purposes, and this may result in substantial variations in the land value of properties.

3.0 Impact of Options Available to Council

It is not possible to determine the number of applications for financial assistance that Council would receive in any given year.

Any option provided in Council’s Hardship Policy that involves the writing off of interest or rates will have an impact on Council’s revenue for that year.

4.0 Hardship Policy

Part 1 – Hardship Committee

All applications for hardship will be reviewed by a hardship committee. The hardship committee will comprise Council’s Assistant General Manager - Corporate, Rates Officer and Finance Officer - Revenue.

Applicants dissatisfied with the decision of the Committee may request a review by Council’s General Manager.

Part 2 – Periodical Payment Agreements (Section 564)

Council may agree to periodical payment arrangements for rates and charges, including water consumption, from the owner of any rateable property and provided the arrangement is maintained the Council will not commence legal action for recovery of overdue rates and charges.

Part 3 – Writing off of Accrued Interest (Section 567)

Whilst Council’s Debt Recovery Procedure includes various options in regard to arrangements, ratepayers may apply for further assistance in respect to rates levied on their principal place of residence.

Ratepayers suffering from genuine substantial financial hardship may apply to Council to have interest charges waived if they maintain payments in accordance with an arrangement.

Council will only waive interest charges accruing from the date of the arrangement and within the current rating/financial year. Interest charges previously raised will not be written off and must be paid in accordance with the arrangement.

Eligibility Criteria

1. Available to ratepayers of land categorised for rating purposes within the residential category only.

2. The property subject to the application must be the sole or principal place of residence of the owner/ratepayer.

3. Ratepayers eligible for a pension concession rebate must have applied for the concession before a hardship application will be considered.

All payments received will be applied towards payment of those rates and charges in the order in which they became due, in accordance with Section 568 of the Local Government Act.

Part 4 – Increase in Rates Due To Valuation Increases (Section 601)

Any ratepayer satisfying the eligibility criteria set out below may apply to Council for assistance in payment of the current ordinary rate.

Council will provide assistance in the form of an extended arrangement for the payment of rates and charges and provided payments are maintained in accordance with such arrangement Council will waive interest charges in respect to such rates.

Eligibility Criteria

1. Available to ratepayers of land categorised for rating purposes within the residential category only.

2. The rated property must be the sole or principal place of residence of the owner/ratepayer.

3. The percentage change in valuation for the property must be ten percent (10%) greater than the average percentage change for all properties in that sub-category subject to that rate. (eg, if the average increase in valuation for all properties subject to the Residential Town rate is fifteen per cent (15%) the increase on a single property will need to be Twenty five per cent ( 25%) or more to be eligible.)

4. The maximum amount of relief under this section is $200.00

Ratepayers seeking assistance under this Policy will be required to complete an application form and supply all information requested. The application form is available for download from the Council’s website (www.nambucca.nsw.gov.au) or can be collected from the Council’s administration office or mailed out.

All applications will be considered by Council’s Hardship Committee on a case by case basis.

Function: Corporate Services

Area: Finance

Responsible Officer: Rates Officer

Complied: 21/01/2014

Adopted:

Last reviewed:

Cr Rhonda Hoban	Mayor
Cr John Ainsworth (Chair)	Deputy Mayor
Cr Brian Finlayson	Councillor
Michael Coulter	General Manager
Wayne Lowe	Manager Business Development
Steve Benson	Tinks
Paul Hoffman	Express Coaches
Robyn Kennedy	Nambucca River Houseboats
Barry Kerr
Joe Saliba
Adrienne Smith	MidCoast Trucks

Mrs Shirley Holmes (Chairperson)	Mr Les Small
Ms Lee-anne Funnell	Ms Lyndel Bosman (Guide Dogs)
Mr Peter Shales	Mr Keith Davis
Cr A Smyth	Ms Coral Hutchinson
Ms Melissa Fitzgerald

Ms Margaret Hutchinson	Dr Dorothy Secomb
Ms Alba Sky	Ms Jenny Adams

DA No	Date Received	Applicant/Owner	Proposal	Property	Amount
2014/034	03/03/2014	Mr B Caslick for Faringdon Village	Garage	Lot 1 DP 842652, 1 Faringdon Close, Nambucca Heads	3,500
2014/035	04/03/2014	Amos & McDonald Surveyors for Needham Family Trust	4 Lot Residential Subdivision	Lot 20 DP 853585, 4-10 Max Graham Drive, Valla Beach	0
2014/036	12/03/2014	Mr John Leer	Shed	Lot 38 DP 558780, 30 Hallidise Street, Nambucca Heads	9,900
2014/037	13/03/2014	Adenbrook Homes/Mr B C Piggott & Mrs E J Blake	Dwelling	Lot 168 DP 1190467, 24 Seaforth Drive, Valla Beach	263,762
2014/038	13/03/2014	Jane Morrison C/-Nambucca Heads SLSC	Alterations	Lot 478 DP 755550, Newry Street, Nambucca Heads	13,500
2014/039	13/03/2014	David Kinnear/ Mr K M Pawsey, Mr P G Smith, Mr D P & Mrs V M Langham	Dual Occupancy (secondary dwelling)	Lot 6 Section 1 DP 758630, 94 Wallace Street, Macksville	215,000
2014/040	14/03/2014	Mick Brooks Building Design/Mr J A Newman	Continued use of additions	Lot 1 DP 1048034, 698 Gumma Road, Gumma	0
2014/041	14/03/2014	Truck OM Parts and Repairs/Yarra Steel Homes Pty Ltd	Business Identification Sign and Change of Use	Lot 1 DP 1016682, 45-47 Yarrawonga Street, Macksville	1,000
2014/042	19/03/2014	Allyson Stone	Dwelling	Lot 254 DP 755549, 803 Bellingen Road, Missabotti	120,000
2014/043	20/03/2014	Stuart Holmes/Mr S J & Mrs I E Homes	Secondary Dwelling	Lot 29 DP 816018, 10 Kimberley Grove, Nambucca Heads	76,487
2014/044	24/03/2014	Ian Massingham	Tourist Facility	Lot 80 DP 755559, 50 Elliotts Road, Tamban	93,000
2014/045	25/03/2014	Amos & McDonald Surveyors/Mr T R Munro	2 Lot Lge Lot Residential subdivision	Lot 141 DP 1081824, 513 Gumma Road, Gumma	15,000
DA No	Date Received	Applicant/Owner	Proposal	Property	Amount
2014/046	26/03/2014	Cavalier Homes North Coast/	Dual Occupancy	Lot 3 DP 1175475, 64 Helliwells Road, Missabotti	227,650
2014/047	27/03/2014	Mastergroup Pty Ltd/Mr M A Whitfield	Milk Depot	Lots 78 & 79 DP 800111, 50-52 Yarrawonga Street, Macksville	350,000
2014/048	27/03/2014	Perry Homes/Mr F A & Mrs L C Nunnari	Dwelling & Retaining Walls	Lot 164 DP 1190467, 32 Seaforth Drive, Valla Beach	273,000

	Cats	Dogs
COUNCIL’S SEIZURE ACTIVITY
Seized (doesn’t include those animals dumped or surrendered)	2	12
Returned to Owner	0	8
Transferred to - Council's Facility from Seizure Activities	2	4
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY
Animals In Council's Facility - (Start of Month)	0	4
Abandoned or Stray	1	1
Surrendered	9	3
Animals transferred from Seizure Activities	2	4
Total Incoming Animals	12	12
ANIMALS LEAVING COUNCIL'S FACILITY
Released to Owners	0	2
Sold	0	0
Released to Organisations for Rehoming	0	0
Died at Council's Facility(other than euthanased)	0	0
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	9	2
Due to Illness, Disease or Injury	1	0
Feral/infant animal	2	0
Unsuitable for rehoming	0	3
Unable to be rehomed	0	1
Total Euthanased	12	6
Total Outgoing Animals	12	8
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)	0	4

1	9209/2014 - Valuation Report - Lot 1 Railway Road
2	8463/2014 - Letter of offer for sale and lease

MEETING	DATE	VENUE	COMMENCING
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 SLSC – 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
Economic Directions C’tee	10/06/2014	Council Chambers	11.30 pm
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
Water Supply Steering Committee	02/07/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	17/07/2014	Council Chambers	5.30 PM
Access Committee	22/07/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	31/07/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	06/08/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	14/08/2014	Council Chambers	5.30 PM
Access Committee	26/08/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	28/08/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	03/09/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Economic Directions C’tee	09/06/2014	Council Chambers	11.30 pm
Ordinary Council Meeting	11/09/2014	Council Chambers	5.30 PM
Access Committee	23/09/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	25/09/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	01/10/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	16/10/2014	Council Chambers	5.30 PM
Access Committee	28/10/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	30/10/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	05/11/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	13/11/2014	Council Chambers	5.30 PM
Access Committee	25/11/2014	Council Chambers	2.00 PM
Ordinary Council Meeting	27/11/2014	Council Chambers	5.30 PM
Water Supply Steering Committee	03/12/2014	Bowraville site Leave Council Chambers at 10.15 am	10.45 AM
Ordinary Council Meeting	11/12/2014	Council Chambers	5.30 PM

1	7969/2014 - Minutes of AGM held 23 October 2013 - Donnelly Welsh Grounds Committee
2	8179/2014 - Financial Report - 24 September 2012
3	8175/2014 - Financial report - 1 July 2012 to 30 June 2013 - Donnelly Welsh Playing Fields