NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

29 May 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 - 29 May 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

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

 

Special Meeting of  Council - 22 May 2014................................................................................... 5

Land Development Committee – 22 May 2014.............................................................................. 7

 

5        NOTICES OF MOTION  

6        PUBLIC FORUM/DELEGATIONS

i)           Mr Mark Brazel –Caravan Park entry point - increase in payment, decrease in lease term

 

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...................................................................................... 8

9.2     Proposed Highway Service Centre - Nambucca Heads Interchange................................... 15

9.3     Proposed Local Government Boundary Adjustment between Nambucca and Bellingen Shire Councils..................................................................................................................................... 47

9.4     Internal Audit - Engagement of Service Provider............................................................... 53

9.5     Provision of a Renal Dialysis Service in the Nambucca Valley........................................... 65

9.6     3 Lot Subdivision - Adin Street, Scotts Head................................................................... 68

9.7     Outstanding DA's greater than 12 months, applications where submissions received not determined from 8 - 20 May 2014...................................................................................................... 80

9.8     Vegetation Mapping and Koala Habitat Study ................................................................. 87

10      Assistant General Manager Corporate Services Report

10.1   March 2014 Budget Review............................................................................................. 90

10.2   Macksville Gift Committee of Management - AGM - 31 March 2014 - Minutes..................... 94

10.3   Schedule of Council Public Meetings............................................................................... 98

11      Assistant General Manager Engineering Services Report

11.1   Nambucca District Water Supply Steering Committtee Meeting - 7 May 2014................... 100

11.2   Tender for Supply and Delivery of Bulk Chemicals for Water Treatment........................... 108

11.3   Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads................................... 134     

 

 

 

 

 

 


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

Special Meeting of  Council

MINUTES OF THE Special Meeting of  Council HELD ON 22 May 2014

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Bob Morrison

Cr Brian Finlayson

Cr Paula Flack (arrived 6.30pm)

Cr Kim MacDonald

Cr Elaine South

Cr Paula Flack (late)

 

ALSO PRESENT

 

Mr Michael Coulter (General Manager)

Mr Scott Norman (AGM Corporate Services)

Mr Paul Gallagher (AGM Engineering Services)

Mr Craig Doolan (Manager Financial Services)

 

 

APOLOGY

 

Cr Anne Smyth

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 May 2014

 

267/14 RESOLVED:        (Finlayson/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 15 May 2014 be confirmed.

 

 

 

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.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 9.1      SF1873              220514      Draft 2014/15 Operational Plan (Budget) and Delivery Program (Budget) - Report to Council Workshop

 

268/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council adopt the Draft 2014/2015 Operational Plan (Budget), Draft 4 year Delivery Program (Budget) and Draft Fees and Charges

 

2        That Council advertise the Draft Operational Plan, Draft Delivery Program and Draft Fees and Charges for a minimum of 28 days.

 

 

269/14 Resolved:        (Flack/South)

 

That Council consider a report on the Environmental Levy Program including 2014/2015 projects and that it be considered for exhibition so as to coincide with the budget preparation.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.02pm. 

 

Confirmed and signed by the Mayor on 29 May 2014.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 


MINUTES OF THE Land Development Committee Meeting HELD ON 22 May 2014

 

 

PRESENT

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Bob Morrison

Cr Brian Finlayson

Cr Elaine South

Michael Coulter (General Manager)

Mr Scott Norman (Assistant General Manager Corporate Services)

 

APOLOGIES

 

Cr Anne Smyth

Cr Paula Flack

Wayne Lowe (Manager Business Development)

Cr Kim MacDonald

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

CONFIRMATION OF MINUTES

 

 

There were no minutes to adopt.

 

 

ASKING OF QUESTIONS WITH NOTICE

There were no Questions with Notice.

 

 

General Manager Report

 

ITEM 4.1      SF791                220514      Council Owned Land - Available, Developable Land Stocks, Including any Unsold Blocks

1/14 RESOLVED:  (Finlayson/Ainsworth)

 

1        That the information in the report concerning council owned land – available, developable land stocks, including unsold blocks be received.

 

2        That Council close the section of unused road reservation on the corner of Hyland Park Road and Mann Street and incorporate the land into the proposed Lot 14 in Council’s approved subdivision.

 

3        That Council’s seal be attached to any documents relating to the road closure, the creation of a title and the incorporation of the land into the proposed Lot 14 in Council’s subdivision.

 

4        That Council obtain an assessment of the current market value of the land at Hyland Park and Valla Beach.

 

5        That Council investigate alternate flood free areas for the development of commercial and residential areas at Macksville.

 

   

 

 

CLOSURE

There being no further business the Mayor then closed the meeting the time being 5.20 pm. 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

          


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager

ITEM 9.1      SF959              290514         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

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

GM

Brief to be prepared and new floodplain study to be undertaken during 2011.

RTA has now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion. At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.

DEP advised meeting arranged with RTA.

Draft flood study likely to be presented to Council May/June 2012.

Re the delay, Council’s Strategic Planner has followed up the RMS.

Staff meeting with Consultants on Wednesday 18/10/12.

Part funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.  A grant has been applied for, if unsuccessful will not proceed until next year.

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

 

Update as at 16 April – the consultant brief for the project is with the OEH for their approval.  The OEH are providing contributory grant funding towards the project.

 


 

JULY 2011

 

2

SF1031

21/7/11

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

 

GM

Policy under revision and to be reported to future meeting.  Also the State Government policy has recently changed.

Awaiting finalisation of Nambucca River Flood Studies which are presently on exhibition, will report to Committee then Council once adopted then proceed with amending the climate change policy and report to Council.

Funding has now been received for the Flood Risk Management Plans.

 

Work to commence in 2014.

 

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 

 

OCTOBER 2011

 

3

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.

 

2014/15 rating structures set as per Special Rate Variation include with rating workshop A ugust 2014

 

JULY 2013

 

4

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.

 

GM

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

 

5

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.

Deferred until May 2014

Deferred until June 2014

 

 

NOVEMBER 2013

 

6

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.

 

 

 

7

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.

 

GM

Awaiting lodgement of EIS.

 

8

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.

 

9

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.

 

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

 

DECEMBER 2013

 

10

SF1830

11/12/13

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

 

GM

Report February/March 2014

Deferred to April 2014

Proposed upgrade to be considered in Draft Budget for 2014/15.

.

 

11

SF1830

11/12/13

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

 

GM

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.

Grant officer has made enquiries about Grant Scheme

 

 

12

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.

 

GM

MDE

April 2014

 

Deferred until May 2014.

Inspections have been accelerated. Report deferred to June.

 

13

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.

 

GM

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

 

14

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.

 

Brief forwarded for legal advice, report deferred until May pending receipt of the legal advice.

 

 

 

JANUARY 2014

 

15

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.

 

GM

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.

 

Additional information has been submitted and is currently being assessed.

 

 

16

SF1855

16/01/14

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

 

GM

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.

 

Strategic Planner and Engineers to meet on site with consultants on 20 May to review engineering details.  The aim is to have the draft detailed concept plans completed by early June 2014.

 

Report to LATC – June 2014

 

 

17

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.

RMS has advised this matter is being reviewed at their head office in Sydney and Council will be advised accordingly.

Councillors advised 9 May 2014 via email of the change in speed zone.

 

 

18

SF1947

16/01/14

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

GM

Report in March 2014.

Deferred to April 2014.

Deferred to after replacement of Manager IT.

 

 

19

SF1933

30/01/14

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

 

GM

Advice sought from DLG.

Report March 2014

 

Advice from DLG obtained.  Report in June 2014.

 

FEBRUARY 2014

 

20

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 ….

 

GM

Report May 2014

 

To be discussed at the Budget Meeting 22 May 2014

 

21

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.

 

GM

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

 

Follow-up letter sent week ending 18 April 2014.

 

22

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.

Deferred to May 2014.

Financial Briefing at the Budget Meeting on 22 May 2014

 

23

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

 

MARCH 2014

24

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 in May 2014

Deferred to June 2014

25

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 sent 24 April 2014 (TRIM 9433/2014)

Letter drafted 3 April 2014

 

 

26

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 sent 8 April 2014

27

SF1541

27/3/14

Commercially zoned land, Macksville – Council receive a further report for endorsement of a planning proposal once the matter has been further investigated.

 

GM

Report June 2014

28

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 June 2014

APRIL 2014

29

PRF54

10/4/14

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

 

GM

Report December 2014

30

PRF54

10/4/14

Council undertake an inspection of the Gumma Reserve after the grant funds for its upgrade have been expended.

 

GM

To be scheduled – second half of 2014

31

SF853

24/4/14

Council defer consideration of the Salvinia Molesta infestation of Swimming Creek to the next Council meeting to provide the opportunity to investigate biological control or mechanical opening of the Creek to saltwater.

 

AGMES

Report to meeting on 29/5/2015.

MAY 2014

32

SF430

15/5/14

Petition to support Flying Fox  dispersing in urban areas

GM

Petition drawn up

Letters sent to Member for Clarence and Mr Hartsuyker MP sent

Advertisement for Guardian news

 

33

SF453

15/5/14

Waste Management Quarterly Report – Discussions with Bellingen and Coffs Harbour CC for drafting of a regional Waste Collection Tender/Contract. 

Further report to Council on progress of discussions regarding a new tender document

 

AGMES

 

34

SF1496

15/5/14

Commercial Fishing –

Andrew Goulston and Darren Reynolds from Fisheries be invited to address Council on state of recreational fishing

 

GM

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM           SF1948            290514         Proposed Highway Service Centre - Nambucca Heads Interchange

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

At Council’s meeting on 19 November 2011 it was resolved to lobby Roads and Maritime Services (RMS) and the Member for Oxley to support the establishment of a Highway Service Centre at the proposed Nambucca Heads interchange on the upgraded Pacific Highway.

 

Since that resolution there have been on-going discussions with staff of the RMS who have now released a Policy Review for Highway Service Centres along the Pacific Highway (attached).

 

The Policy Review recommends that a Highway Service Centre be able to be established on either or both sides of the upgraded highway at the Nambucca Heads interchange.

 

This is welcome news.  To the extent that a proposed highway service centre will provide additional employment or replacement employment for jobs lost as a result of the relocation of the Pacific Highway, it will have a very positive social and economic benefit.  It is estimated that a successful highway service centre could provide 30 equivalent full time jobs.  These jobs are often for unskilled or semi-skilled labour which is a key employment need in the Nambucca Valley.

 

The RMS has also advised they are calling for expressions of interest to develop a highway service centre at the Nambucca Heads interchange in order to help facilitate road safety and support local communities and businesses.  The letter from the RMS concerning the request for expressions of interest is attached.

 

 

Recommendation:

 

1        That Council make a written submission to Roads and Maritime Services in support of the revised policy for the location of highway service centres, and particularly the proposed highway service centre at the Nambucca Heads interchange.

 

2        That Council note the RMS is calling for expressions of interest to develop a highway service centre at the Nambucca Heads interchange.

 

 

OPTIONS:

 

Council could choose not to lobby for or to oppose a highway service centre.

 

 

DISCUSSION:

 

As Council is aware the Nambucca Heads interchange is ideally located for a highway service centre being half way between Brisbane and Sydney and with the RMS already proposing to provide a highway rest stop at the site.

 

Highway service centres can be significant economic drivers, employing upwards of 30 full time equivalent staff.  A service centre will assist in replacing the loss of trade which will be experienced when the upgraded Pacific Highway eventually bypasses all of the towns in the Nambucca Valley.  In particular some of the loss of passing trade in Macksville could be captured (replaced) at the Nambucca Heads interchange.

 

The Nambucca LEP 2010 permits highway service centres in the RU2 zone which means that a development application can be lodged regardless of the RMS Policy.  It is on this basis that the RMS are now seeking expressions of interest for the site.

 

It is also agreed that the provision of highway service centres encourage drivers to, “stop, revive, survive” and take breaks when they recognise the warning signs of fatigue.  This contributes significantly to travel safety and efficiency.  It is therefore very important that highway service centres are provided at conveniently spaced centres along the route.

 

In simple terms, the Nambucca Valley deserves a chance to have the same sort of large business which already exists in the Greater Taree, Port Macquarie. Kempsey (planned) and Coffs Harbour LGA’s.

 

CONSULTATION:

 

There has been consultation with Roads and Maritime Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A proposed highway service centre will have no discernible additional impact to the highway rest stop.

 

Social

To the extent that a proposed highway service centre will provide additional employment or replacement employment for jobs lost as a result of the relocation of the Pacific Highway, it will have a positive social benefit.  It is estimated that a successful highway service centre could provide 30 equivalent full time jobs.  These jobs are often for unskilled or semi-skilled labour which is a key employment need in the Nambucca Valley.

 

Economic

There are potentially significant economic benefits from a highway service centre providing additional local jobs financed by highway travellers.  There will also be local suppliers who will similarly benefit.  All of these jobs and local contract services provide a multiplier to the local economy.

 

Depending upon the timing of the Warrell Creek to Nambucca Heads upgrade there is likely to be a relatively short period when the proposed highway service centre would be operating in competition with existing highway related businesses in Macksville.  Whilst this is undesirable, if the Nambucca Valley doesn’t position itself to have a highway service centre at some location on the upgraded Pacific Highway it will lose most of the economic value of highway travellers.

 

There is also potential for a Visitor Information Centre to trade off the substantial visitation to a highway service centre.  Council has written to Nambucca Valley Tourism in relation to their preferred strategy for the future of the Visitor Information Centre in response to the relocation of the Pacific Highway.

 

Risk

There are no discernible risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

A highway service centre will be an additional ratepayer in the business category.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Attachments:

1

12381/2014 - Media Release - Location of Highway Service Centres

 

2

12414/2014 - Pacific highway service centres policy review

 

3

12390/2014 - Advice that Expressions of Interest are being sought

 

  


Ordinary Council Meeting - 29 May 2014

Proposed Highway Service Centre - Nambucca Heads Interchange

 


Ordinary Council Meeting - 29 May 2014

Proposed Highway Service Centre - Nambucca Heads Interchange

 
















Ordinary Council Meeting - 29 May 2014

Proposed Highway Service Centre - Nambucca Heads Interchange

 


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 0.0      SF254              290514         Proposed Local Government Boundary Adjustment between Nambucca and Bellingen Shire Councils

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The following report has been prepared by Jenita Ferguson, Revenue Supervisor at Bellingen Shire Council.  The same report will be considered by both Bellingen and Nambucca Shire Councils.

 

Bellingen Shire Council has received land valuations for two part lots that fall within the Bellingen Local Government area.  The two land parcels fall over the two Council areas, with the majority of land falling within the Nambucca Local Government Area.  As a result both Councils are required to levy rates on each part lot within their respective Local Government areas.  To maintain fairness and equity to the ratepayers and avoid financial disadvantage it is recommended that Council make representation to the NSW Minister for Local Government for a proposed boundary adjustment transferring the parcels entirely to Nambucca Shire Council.

 

 

Recommendation:

 

1        That Nambucca Shire Council support a submission to the NSW Minister for Local Government for a boundary adjustment transferring part Lots 11 and 12 DP 851841 to Nambucca Shire Council.

 

2        That Bellingen Shire Council be thanked for initiating the local government boundary adjustment; for dealing with the affected property owners and for preparing a report on the matter.

 

 

OPTIONS:

 

There are no real options other than the recommendation.  The most likely alternative is that no action be taken but this would mean that Bellingen Shire Council would continue to breach the provisions of the Local Government Act by not levying rates on that part of the land within their LGA.

 

 

DISCUSSION:

 

The recent Department of Planning e-Housing Code and land record cleansing process undertaken by Bellingen Shire Council has identified two parcels of land that fall partly within Bellingen Shire Council Local Government area. 

 

The original plan of subdivision was registered on 14 August 1995 thereby creating two lots – Lots 11 & 12 DP 851841.  At the time of registration, the NSW Valuer General’s Office issued land values for rating purposes to Nambucca Shire Council for the part lots that fell within Nambucca Local Government Area.  The residual part lots, falling within Bellingen Local Government area were not issued with land values until identified in July 2013 as part of the Department of Planning e-Housing cleansing process.

 

Details of the two parcels are as follows:

 

Lot 11 DP 851841 with a total area of 14.34 hectares

·    14.279 Hectares within Nambucca Shire Council – Rateable Land Value $186,000

·    606 Square Meters within Bellingen Shire Council – Rateable Land Value $1,000

 

Lot 12 DP 851841 total area 2.726 hectares

·    2.416 Hectares within Nambucca Shire Council – Rateable Land Value $141,000

·    3096 Square Meters within Bellingen Shire Council – Rateable Land Value $17,000

 

A plan showing the location of the land is attached.

 

As a result of the two new valuations received for the two part lots within Bellingen Local Government Area, and in accordance with the Valuation of Land Act 1916 and NSW Local Government Act 1993 (LGA), Bellingen Shire Council is now required to levy rates retrospectively from the date of plan registration.    To date, the ratepayers have paid rates to Nambucca Shire Council for the part lot that falls within Nambucca Local Government Area.

 

Nambucca Shire Council rate structure comprises an ad valorem rate with a minimum applicable – currently $724.00.  Whilst Bellingen Council rate structure comprises an ad valorem rate together with a base amount of $375.00.  In accordance with the NSW Local Government Act 1993 and both Nambucca and Bellingen Shire Council’s Revenue Policies, the land parcels are also subject to an annual Waste Facility/Tip Provision charge; Nambucca currently charge $136.00 and Bellingen $167.00.  Given the rate structure of each Council the following rates and charges apply for 2013/2014:

 

Part Lot 11 DP 851841

·    Nambucca Council (14.279ha):          $1,030.31

·    Bellingen Council: (606spm):             $544.10

 

Part Lot 12 DP 851841

·    Nambucca Council (2.416ha): $893.76

·    Bellingen Council: (3096sqm)            $577.77

 

The levying of rates and charges, retrospectively, to the date of plan registration, whilst required under the relevant legislation, further disadvantages the land owners.

 

The rates and charges liability owing to Bellingen Shire Council for part Lot 11 is $6,110.09 and part Lot 12 $6,687.09 representing rates and charges from 1 July 1996 to 30 June 2014.  It is being recommended to Bellingen Shire Council that these rates and charges be abandoned (written off).

 

The current owner of Lot 12 purchased the property on 16 March 1999.  Bellingen Shire Council is therefore unable to recover the rates owing for the period prior to their ownership – being 1 July 1996 to 30 June 1999.  Therefore Bellingen Shire Council is required to abandon the amount of $715.32.  Likewise, the owners of Lot 11 purchased their property on 21 April 1999 requiring Bellingen Shire Council to abandon $636.83 as unrecoverable.  This is in accordance with Section 603 of the NSW Local Government Act 1993 where these amounts are unrecoverable from the vendors.

 

As Bellingen Shire Council has maximised permissible rate revenue yield each financial year to date, the imposition of rates on the current owners for the period 1 July 1999 to present will result in Council exceeding permissible rate yield for prior years.  Therefore, Bellingen Shire Council will be required to reduce income in 2014/2015 to correct the excess.

 

As Bellingen Shire Council had not factored this rate income into prior year revenues, their staff are recommending that the rates be abandoned for the period 1 July 1999 to the date of a Local Government Boundary Adjustment which is discussed below.

 

Given the rate structures of Nambucca and Bellingen Council’s, rating of the two part lots by both Councils will place a considerable burden on the ratepayers concerned. Consolidation of land values is also not possible.  In order to maintain fairness and equity to the ratepayers, the only way to address this inequity is to propose a Local Government Boundary Adjustment to the NSW Minister for Local Government. 

 

The NSW Local Government Amendment (Amalgamations and Boundary Changes) Act 1999 No 38 together with the NSW Local Government Act 1993 provides the framework for initiating any boundary adjustment.

 

In accordance with Section 218E of the NSW Local Government Amendment (Amalgamations and Boundary Changes) Act 1993 No 38, a proposal may be made to the Minister by a Council affected by the proposal or by an appropriate minimum number of electors.

 

Section 218E(1)(b) provides an appropriate minimum number of electors as:

 

“… if a proposal applies to part only of an area, 250 of the enrolled electors for that part or 10 per cent of them, whichever is the lesser.”

 

Given that only two land parcels are affected and after discussion with both land owners who are both in favour of a boundary adjustment, this sub-section is deemed satisfied.

 

The Minister, on receiving a proposal must then refer the proposal for examination and report to the Boundaries Commission or to the Director-General (now Chief Executive, Local Government).  Section 263(3) of the LGA states the factors the Commission must consider when assessing any such proposal.  These factors are listed below with supporting explanation as to why the boundary adjustment is justified.

 

(a)  The financial advantages or disadvantages of any relevant proposal to the residents and ratepayers of the areas concerned.

 

Comment: The ratepayers are financially disadvantaged by having their land fall within the two local government areas considering the rate structure of the two local government areas and the minimal land area that falls within Bellingen Local Government Area.  The ratepayers predominantly utilise the infrastructure and services provided by Nambucca Council.

 

(b)  The community of interest and geographic cohesion in the existing areas and in any proposed new area.

 

Comment:  The two land parcels fall predominately within Nambucca Local Government Area.

 

(c)  The existing historical and traditional values in the existing areas and the impact of change on them.

 

Comment: The land area affected is minimal and the land owners were not aware part of their land fell partly within Bellingen Local Government Area.  There will be no negative impact on the land owners or local government areas.  In fact the land owners will benefit from the proposed boundary adjustment.

 

(d)  The attitude of the residents and ratepayers of the areas concerned.

 

Comment: Discussions with the affected ratepayers have taken place and the ratepayers are in full support of the proposed boundary adjustment.  The ratepayers are aware of the current financial disadvantage caused by the minimal part lots falling within Bellingen Shire Council and the legislative requirement for rates to be levied from the date of plan registration.

 

(e)  The requirements of the area concerned in relation to the elected representation for residents and ratepayers at the local level, the desirable and appropriate relationship between elected representatives and ratepayers and residents and such other matters as it considers relevant in relation to the past and future patterns of elected representation for that area.

 

(e1) the impact of any relevant proposal on the ability of the councils of the areas concerned to provide adequate, equitable and appropriate services and facilities;

 

Comment: Due to the minimal land area affected no impact on services and facilities provided by either council will be affected.

 

(e2) the impact of any relevant proposal on the employment of the staff by the councils of the areas concerned;

 

Comment: The proposed boundary adjustment will not impact employment of staff within Nambucca or Bellingen Local Government Areas.

 

(e3) the impact of any relevant proposal on rural communities in the areas concerned;

 

Comment: The proposal will not impact on rural areas within Nambucca or Bellingen Local Government Areas.

 

(e4) in the case of a proposal for the amalgamation of two or more areas, the desirability (or otherwise) of dividing the resulting area or areas into wards;

 

Comment: Not applicable.

 

(e5) in the case of a proposal for the amalgamation of two or more areas, the need to ensure that the opinions of each of the diverse communities of the resulting area or areas are effectively represented;

 

Comment: Not applicable

 

(f)   Such other factors as it considers relevant to the provision of efficient and effective Local Government in the existing and proposed new areas.

 

Due to the minimal residual area currently in Bellingen Local Government Area the proposed boundary adjustment will effectively remove the inequity imposed on the current land owners; now and into the future.  The boundary adjustment will also provide a local government boundary that is definable by whole land parcels rather than part land parcels.

 

 

CONSULTATION:

 

There has been consultation with a staff member of Bellingen Shire Council and also with Nambucca Shire Council Rates Officer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The major consideration is that the two existing property owners potentially have to pay two lots of Council rates because of a quirk in the drafting of the local government boundary wherein the local government boundary partially severs their land.  The local government boundary should align with an allotment boundary.  The social implications are restricted to the two affected property owners.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identified risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Most of the consultation and reporting has been undertaken by the staff of Bellingen Shire Council.  Thank you Bellingen Shire Council staff for that.  Nambucca Shire Council staff will need to lodge supporting submissions to Minister for Local Government.

 

 

Attachments:

1

12913/2014 - Spicketts Creek Boundary Adjustment DP Plan

 

  


Ordinary Council Meeting - 29 May 2014

Proposed Local Government Boundary Adjustment between Nambucca and Bellingen Shire Councils

 


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 0.0      SF1415            290514         Internal Audit - Engagement of Service Provider

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

For some time Bellingen and Nambucca Shire Councils have been liaising in relation to an alliance to deliver internal audit services to both Councils.

 

Nambucca Shire Council previously used its external auditor, Forsyths, to provide an internal audit service.  However the Division of Local Government believes this constitutes a conflict of interests and since the reappointment of Forsyths as Council’s external auditor investigations have continued for a new provider.

 

Following consideration of expressions of interest, the staff of both Bellingen and Nambucca Shire Councils’ are recommending that Coffs Harbour City Council be engaged to provide internal audit services to both Councils.

 

Most of the following report has been drafted by Mr Peter Clare, Bellingen Shire Council’s Projects Officer Governance and Engagement.  The work of Mr Clare and Bellingen Council staff in arranging and reporting on the outcome of discussions with Coffs Harbour City Council is acknowledged.

 

 

Recommendation:

 

Subject to clarification on responsibility for employment costs, Nambucca Shire Council engage Coffs Harbour City Council to provide internal audit services for an initial two (2) year term.

 

 

OPTIONS:

 

Council has a choice in obtaining internal audit services from either of the three groups who have submitted an expression of interest.

 

There is also the option of saving $25,000 per annum in General Fund operating expenses by not undertaking internal audit.  Whilst the saving would be welcome, undertaking internal audit is a best practice recommendation from the Division of Local Government.  It has also been the case that internal audit has identified opportunities to improve efficiency and revenue.  For example in the previous round of internal audit investigations undertaken by Forsyths, there was significant additional revenue realised in Council’s diesel fuel rebate claims and also in its fees and charges.

 

 

DISCUSSION:

 

The implementation of an internal audit capability is a component of the Operational Plan and Delivery Program.  In 2014/15 and subsequent years Council has planned to spend $25,000 per year on an internal audit service.  The same budgetary provision has been made by Bellingen Shire Council.

 

Due to Council’s size it is not feasible to provide this service internally, and Bellingen Shire Council is in a similar position. To gain economies of scale when sourcing internal audit services Nambucca and Bellingen have investigated joint sourcing of internal audit services. This approach also potentially provides synergistic benefits that allows for application of lessons learned in a rolling audit program covering the two Councils.

 

In mid-2013 Nambucca Shire Council sought and received expressions of interest from 3 parties being:

 

1.   Coffs Harbour City Council

2.   Lawler Warburtons Audit and Assurance Pty Ltd

3.   TNR Financial Services Pty Ltd

 

The expressions of interest are shown in the closed report attachments.

 

On 3 March 2014 Bellingen Shire’s Manager Governance and Engagement as well as their Projects Officer Governance and Engagement met with myself to evaluate the expressions of interest. The evaluation considered audit methodology, skills and experience of proposed audit resources, value for money, experience in Local Government, compliance with standards, referees, capacity to perform and alignment with shared services.

 

The expressions of interest provided by Lawler and TNR contained sufficient details to facilitate evaluation. Coffs Harbour City Council proved only indicative rates. However, the rates provided by Coffs Harbour City Council at 50-60% of those quoted by Lawler and TNR prompted a decision to seek further information from Coffs Harbour City Council.

 

On 14 March 2014 the Projects Officer Governance and Engagement from Bellingen Shire Council, the General Manager and Assistant General Manager Corporate Services from Nambucca Shire Council met with the Manager Governance Services Coffs Harbour City Council to obtain further detail on audit methodology, skills and experience of proposed audit resources, compliance with standards, and capacity to perform.

 

At the meeting Coffs Harbour City Council provided sufficient information on methods, skills, and standards to satisfy officers from both Councils that Coffs Harbour City Council (CHCC) could provide an adequate quality of service. CHCC also intends to supplement the existing full time internal auditor with external resources depending on demand and skill requirements and confirmed that they would be able to deliver approximately 400 hours of combined internal audit services per year to Nambucca and Bellingen Shire Councils.

 

Coffs Harbour City Council have now forwarded a draft internal audit agreement for consideration by Council.  The agreement is satisfactory, although to avoid the same sort of issue which arose with the Clarence Regional Library Agreement, it will be requested that the agreement make plain that CHCC will remain responsible for all employment costs associated with the delivery of the IAF.  This may become an issue for CHCC if they have to provide permanent staffing for a short term “fee for service” contract.

 

Analysis

 

All three respondents were able to demonstrate capacity to deliver an adequate quality of internal audit services to Council, and so final recommendation is made on value for money.

 

On hourly rates CHCC is approximately 50-60% of those submitted by Lawler and TNR.

 

Additionally, incidental expenses for TNR were estimated at up to approximately 20% of the internal audit service fees. Due to the proximity of CHCC no incidental expenses are expected.

 

Based on rates and incidentals, Council would get approximately double the hours of internal audit services by engaging Coffs Harbour City Council.

 

NB – rates for CHCC audit services have increased since 2013 (refer to the attachments) but this does not affect the recommendation.

 

 

CONSULTATION:

 

There has been consultation with staff from Bellingen Shire Council.  The same report is to be considered by the next meeting of Bellingen Shire Council.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts.

 

Social

 

There are no social impacts.

 

Economic

 

There are no economic impacts.

 

Risk

 

The provision of an internal audit function is largely concerned about identifying and managing risk, particularly in relation to Council’s governance function.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has allocated $25,000 per annum in its Delivery Program for the provision of an internal audit service.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendations of the internal audit reports will require investigation and response from Council staff.  The capacity of Council staff to respond to Internal Audit report recommendations, in terms of their available time and competing priorities, is often limited.  However this is not a reason for not undertaking an internal audit function, management and staff will need to prioritise implementing report recommendations with their other responsibilities.

 

In the past report recommendations have provided opportunities for additional revenue and reduced operating costs.

 

 

Attachments:

1

12515/2014 - Draft Internal Audit Agreement with Coffs Harbour City Council

 

  


Ordinary Council Meeting - 29 May 2014

Internal Audit - Engagement of Service Provider

 

 

AGREEMENT

 

INTERNAL AUDIT FUNCTION

 

COFFS HARBOUR CITY COUNCIL

And


 

THIS AGREEMENT made the                             day of                               2012

AMONG:

1              COFFS HARBOUR CITY COUNCIL (ABN 79 126 214 487) of 2 Castle Street, Coffs Harbour, NSW 2450.

2             

 

RECITALS

A             Each of the Councils listed in this Memorandum of Understanding (MOU) are looking to share the services of an Internal Audit Function (IAF) in line with the details contained in this MOU.

B             Coffs Harbour City Council (CHCC) has agreed to engage an Internal Auditor on a full time basis to serve their own Internal Audit (IA) purposes with the aim of charging out the services of the IAF to other interested Mid North Coast Regional Organisation of Councils (MIDROC) members as required by the adopted Strategic Audit Plan (SAP) of each member Council.

C             It is agreed that the processes by which the IAF will be established and managed and the terms and conditions which will regulate such establishment and management are as set out in this Agreement.


OPERATIVE PART

1              Definitions and Interpretations

1.1          Audit Committee means each of the respective audit committees of the Councils who are signatories to this Agreement

Audit Charter means each of the respective internal audit charters of the Councils who are signatories to this Agreement.

Councils mean the Councils that are signatories to this Agreement.

Employer Council means Coffs Harbour City Council.

IAF is a reference to an Internal Audit Function and means the provision to Councils in accordance with this Agreement.

IAF Personnel means the personnel from time to time employed by the Employer Council to perform the IAF.

Internal Audit Guidelines means the current Internal Audit Guidelines issued by the Division of Local Government (the Internal Audit Guidelines current as at the date hereof are dated September 2010).

Review means the review of this Agreement.

1.2          Obligations imposed on the appointees or representatives of the Councils shall be obligations of the respective Councils to the intent that the Councils shall be responsible for the acts and omissions of their representatives, appointees and servants.

1.3   In this Agreement, unless the context otherwise requires:

1.3.1         The singular includes the plural and vice versa.

1.3.2      A reference to an individual or person includes a corporation, partnership, joint venture, association, authority, or trust and vice versa.

1.3.3      A reference to any gender includes all genders.

1.3.4      A reference to any party includes that party’s executors, administrators, substitutes, successors and permitted assigns.

1.3.5      Where in this Agreement, agreements, undertakings and covenants (“obligations”) are given by more than one person, the obligations on the part of those persons contained in this Agreement take effect as joint and several obligations and take effect as references to persons or any one of them.  None of those persons will be released from liability under this Agreement by reason of any other person not executing this Agreement or this Agreement ceasing to be binding on any other person and the release of any person from this Agreement will not affect the obligations of other persons.

1.4          In this Agreement headings are for convenience of reference only and do not affect interpretation.

2              Councils to Agree on Engagement Processes

2.1          Coffs Harbour City Council (CHCC) will engage an IAF on a full time basis to serve their own Internal Audit (IA) purposes with the aim of charging out the services of the IAF to other interested Mid North Coast Regional Organisation of Council (MIDROC) members. CHCC will be responsible for the following:

2.1.1      Job description and role definition of the IAF personnel

2.1.2      The forms and terms and conditions of employment contracts for the IAF personnel.

2.2          The terms and conditions of how the IAF will be utilised by other Councils will be agreed by all parties that are signatories to this Agreement. The terms and conditions may include but are not limited to the following:

2.2.1      The method by which the Employer Council shall charge the other Councils for the services it is to provide in accordance with this Agreement; (Appendix1)

2.2.2      The manner of calculation of rates for the charges referred to in Clause 2.2.1;

2.2.3      The manner in which the charges under clause 2.2.1 are to be charged to the member Councils;

2.2.4      Any other contributions to be made by the Councils to the costs of provision of the IAF and how they are to be charged to the Councils;

2.3          This Agreement is subject to and conditional upon the decisions to be made pursuant to clause 2.2 being agreed by those Council’s that are signatories to this Agreement.  If the terms of Clause 2.2 are not fulfilled, this Agreement shall be at an end and no Council shall have a claim against any other Council in respect of the subject matter of this Agreement.

2.4          Decisions made pursuant to clause 2.2 shall be deemed part of this Agreement and enforceable as if they were provisions of the Agreement.

3              Role of Employer Council

3.1          The Employer Council shall:

3.1.1      Be responsible for the day to day control, administration and operation of the IAF Personnel and this Agreement, except for any decision which may involve changes in the way the IAF Personnel is charged out to other Council’s will require the agreement of all Council’s that are signatories to this Agreement;

3.1.2      In administering the IAF personnel, use its best endeavours to ensure that the IAF is available to perform works for other Councils that are signatories to this Agreement at mutually acceptable times and days;

3.1.3      In its own capacity or through its appointed representatives and servants as appropriate, comply with the obligations and functions allocated to it by this Agreement;

3.1.4      Provide proper and suitable office accommodation and equipment and other associated necessities to the IAF personnel;

3.1.5      Attend to keeping of records, fulfilment of taxation requirements and payment of salaries and other allowances and remuneration of the IAF personnel;

3.1.6      Be responsible for all other human resources requirements and obligations of and pertaining to the IAF personnel;

3.1.7      Arrange meetings of appointed representatives of the Councils that are signatories to this Agreement on an as needs basis for the purposes of reviewing, amending and implementing this Agreement or any other associated purpose.

3.2          The Employer Council shall accurately record the activities it performs in fulfilling its obligations under this Agreement and shall invoice the member Councils for the work so performed in accordance with the Agreements made pursuant to clause 2.2 as so agreed.

4              Roles of Participating Councils

Each Council shall:

4.1          As far as practicably possible ensure an appointee of the Council attends meetings of the Councils called for the purposes of administering or operating the IAF or this Agreement or for any associated or ancillary purpose;

4.2          In its own capacity or through its appointed representatives and servants as appropriate comply with the obligations and functions allocated to it by this Agreement;

4.3          Provide appropriate office accommodation and equipment and associated necessities for IAF personnel attending the Council;

4.4          Ensure it gives adequate notice and briefing material to IAF personnel prospectively attending the Council to ensure the IAF personnel have opportunity to meet with relevant Council staff and / or the Council’s Audit Committee, if appropriate, and are familiar with the relevant affairs of the Council and the Audit Committee Charter of the Council;

4.5          Promptly pay invoices of the Employer Council and act promptly and reasonably to resolve disputes concerning such invoices;

4.6          By giving one month’s written notice to the other Councils call a meeting of appointed representatives of the Councils to consider any matter of concern to the Council giving notice provided the notice discloses the matter to be considered.

 

5              Review of this Agreement

5.1          On or about each alternative anniversary of this Agreement the Councils by their respective appointed representatives shall meet and review the operation of this Agreement;

5.2          At the Review the participating Councils may decide to terminate this Agreement in which event they must properly conclude all business and affairs of the IAF as it relates to dealing with their Council. If a participating Council exercises this option, it is done so in accordance with clause 6.1

5.3          As part of the Review or at any other time the participating Councils may by majority decide to amend this Agreement with any such amendment to be in writing signed by or on behalf of all the Councils.  This Agreement may not be amended in any other way.

6              Withdrawal from this Agreement

A Council may withdraw from this Agreement:

6.1   At any time, giving six months notice in writing;

6.2         A Council withdrawing pursuant to clause 6.1 shall be responsible for all costs incurred to date by the IAF personnel in relation to works undertaken on behalf of the withdrawing Council;

6.3          A Council withdrawing pursuant to clause 6.1 shall not be responsible for costs incurred by other participating Councils.

7              Mediation

7.1          The participating Councils agree that any dispute or claim whatsoever arising in connection with this Agreement or the IAF personnel shall be submitted to mediation administered by the Australian Commercial Disputes Centre Limited (“ACDC”).  The mediator shall be a person agreed to by the parties chosen from a list suggested by ACDC and failing agreement shall be a person nominated by the Secretary General of ACDC.  All costs, charges and expenses resulting from referral to the ACDC shall be borne equally by the parties involved in the dispute.  In the event that the dispute or claim has not been resolved within twenty eight (28) days (or such other period as agreed by the parties) of appointment of the mediator, the claim may be submitted to litigation.

8              Term of Agreement

This Agreement shall be for an initial period of twelve (12) months commencing on a mutually agreed date, with a further twelve (12) month option available. At the end of each twelve (12) month period, a formal review is to take place prior to commencement of the next twelve (12) month period.

 

The signatories hereby personally warrant that they have express and sufficient legal authority to execute this Memorandum of Understanding on behalf of the party on whose behalf they have signed.

 

EXECUTED by the parties as an Agreement.

Signed for and on behalf of Coffs Harbour City Council by Steve McGrath in the presence of

 

……………………………………………                   ……………………………………………

Witness                                                                        Steve McGrath

 

Signed for and on behalf of XXXX   by XXXXXX in the presence of

 

……………………………………………                   ……………………………………………

Witness                                                                        General Manager


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 0.0      SF988              290514         Provision of a Renal Dialysis Service in the Nambucca Valley

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council extend its thanks to the Mid North Coast Local Health District Board and its Chief Executive for awarding a contract to the Nambucca Health Care Centre to partner with the Health District in providing dialysis services in the Nambucca Valley.

 

 

OPTIONS:

 

There are no real options.  The report is for information.

 

 

DISCUSSION:

 

Community members as well as Nambucca Shire Council have been making representations for the provision of a kidney dialysis service in the Nambucca Valley for many years.

 

Council last considered the matter in December 2012 when Mr Stewart Dowrick, Chief Executive of the Mid North Coast Local Health District (MNCLHD) advised that a review of data from the last five years of dialysis dependent patient numbers by post code demonstrated that on average 23% of the patients dialysing in the Coffs Harbour renal unit were from the Nambucca area.

 

At the time Mr Dowrick advised that the MNCLHD were examining the option of partnerships with other local health care provides to deliver dialysis and other renal services with the Nambucca Shire and MNCLHD will keep the Council apprised of these options after more work is done establishing their feasibility.

 

Mr Dowrick has now written to Council advising that after a lengthy and robust tender process, the Nambucca Healthcare Centre has been awarded the tender to partner with MNCLHD to provide Dialysis Services in the Nambucca Valley.  The service will be known as the Nambucca Valley Dialysis Unit and will open in early June 2014 initially with three patients on dialysis, expanding to six patients over the ensuing months.

 

A copy of Mr Dowrick’s letter is attached.

 

This is very welcome news and Council should extend its thanks to the Health District Board and to Mr Dowrick for achieving this milestone.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

The provision of a local dialysis service will avoid patients and their carers making lengthy trips to Coffs Harbour Base Hospital.

 

Economic

 

A positive aspect of the partnership initiative is that it is supporting an existing local practice.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels.

 

 

Attachments:

1

12751/2014 - Provision of Dialysis Services - Award of Contract

 

  


Ordinary Council Meeting - 29 May 2014

Provision of a Renal Dialysis Service in the Nambucca Valley

 


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 9.6      DA2014/056      290514         3 Lot Subdivision - Adin Street, Scotts Head

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes a three lot subdivision of Lot 104 DP 622709, Adin Street, Scotts Head.  The land is owned by Council and North Coast Holiday Parks is the applicant of the development application.

 

The subject site is located within the RE1 Public Recreation Zone and currently contains a caravan park and recreation facilities.  The proposed three lot subdivision will divide the site in the location of the proposed boundaries illustrated on the approved plan of management for the alteration to the existing Holiday Park on the site and adjoining Crown reserve, which was supported by Council at its meeting on 10 April 2013. A copy of the proposed subdivision plan can be found in attachment 1 of this report and the plan of management in attachment 2.

 

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration.

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/056 for a three lot subdivision of Lot 104 DP 622709, subject to the schedule of conditions outlined in attachment 3 of this report.

 

 

OPTIONS:

 

(a)  Grant consent to the application, either unconditionally or subject to conditions, or

 

(b) Refuse consent to the application.

 

DISCUSSION:

 

North Coast Holiday Parks lodged this development application on 9 April 2014 which includes a three lot subdivision of Lot 104 DP 622709, Adin Street, Scotts Head.  The site is owned by Nambucca Shire Council, has an area of 2.365ha, is relatively flat, contains a caravan park and recreation facilities, and is located within the RE1 Public Recreation Zone under the Nambucca Local Environmental Plan 2010.

 

It is proposed to subdivide the site into three allotments to facilitate future redevelopment of the existing Holiday Park which is partially located on the site and adjoining Crown reserve. Works associated with the redevelopment of the Holiday Park on the subject site are not part of this development application and will be subject to separate development consent.

 

The proposed subdivision is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

Section 5A  - Significant effect on threatened species, populations or ecological communities, or their habitats

 

Having regard to the modified nature of the site and its location; it is not considered that the proposed development will result in any impacts on any critical habitat, threatened species, populations, ecological communities, or their habitats.

 

Section 79BA - Consultation and development consent—certain bush fire prone land

 

Having regard to the managed nature of the site and its surrounds as well as the existing provision of infrastructure and services, it is not considered that the proposed subdivision is contrary to Planning for Bushfire Protection 2006.

 

Section 79C (1) - Evaluation

 

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

 

(a) the provisions of

 

(i) any environmental planning instruments

 

The Nambucca Local Environmental Plan 2010 (NLEP 2010)

 

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

The proposed subdivision is considered to be consistent with the objectives of the zone because:

·    As demonstrated in the approved master plan for the caravan park, the proposed subdivision will enable the continued use of the land for public open space and recreational purposes.

·    It will not alter the existing uses on the land and will enable a range of recreational settings and activities to be maintained on the land.

·    It will not result in any adverse impacts on the natural environment.

·    It is evident that future development on the land can ensure that it is capable of being used for the purpose of active or passive recreation.

5.5 - Development within the coastal zone

Yes

Subject to the conditions of consent, the proposed development will not result in any significant impacts on the coastal environment because:

·    It will not impede or diminish existing public access to and along the foreshore, with opportunities for new public access not available.

·    The site is considered to be suitable for the proposed development as it will not result in any conflicting land uses, the size of the allotments are not contrary to its location, and there is no built form proposed which will impact on visual amenity.

·    It will not result in any significant impacts on any native coastal vegetation or wildlife corridors, rock platforms, water quality of coastal water bodies, or native flora or fauna or their habitats.

·    It will not result in any detrimental cumulative impacts on the coastal catchment.

·   It will not result in untreated stormwater being discharged into the sea, beach, estuary, lake, creek, or onto a rock platform.

·   The subject site is not subject to coastal hazards and will not impact on coastal hazards or increase the risk of coastal hazards on any other land.

7.4 - Public utility infrastructure

Yes

Existing reticulated sewer, water, and power services are available to the proposed development; with extensions to these services considered to be appropriate when future development occurs on the land. A requirement for the inclusion of the relevant easements on the final plan of subdivision has been included within the recommended conditions of consent

 

State Environmental Planning Policy No 55—Remediation of Land

 

The land is not considered to be contaminated because there are no known previous uses or activities on the site that that would have resulted in any contamination of the land and the proposal does not include a change of use of the land.

 

State Environmental Planning Policy No 62 - Sustainable Aquaculture

 

It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area due to the nature of the development and the distance of the site from any of these areas.

 

State Environmental Planning Policy No 71—Coastal Protection

 

The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, coastal processes, wildlife corridors; water quality; or result in conflict between land-based and water-based coastal activities.

 

(ii) any draft environmental planning instrument

 

There are no draft environmental planning instruments applicable to the proposed development.

 

(iii) any development control plan (DCP)

 

Nambucca Development Control Plan 2010 (DCP)

 

The proposed subdivision is considered to be consistent with the relevant clauses of the DCP as follows:

 

Notification and Public Participation (Part A)

The application was notified in accordance with Part A of the DCP. Ten submissions were received during the notification period and have been considered further below in this report.

 

Environmental context (Part A)

With regard to the type, scale, and location of the proposed development and that no physical works are required, it is not considered that it would be contrary to any of the matters for consideration under clause A5.0.

 

Subdivision (Part B)

Subject to the recommended conditions of consent, it is considered that the proposed subdivision is consistent with all of the relevant clauses of Part B.

 

(iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

 

There are no planning agreements applying to the subject site.

 

(iv) Any Matters prescribed by the Regulation

 

Clause 92(1)(a) – NSW Coastal Policy 1997

 

Matters for consideration to implement the NSW Coastal Policy are provided in clause 5.5 of the NLEP 2010 and clause 8 of SEPP 71. Due to the proposals consistency with these clauses (as outlined above) it is not considered that it is contrary to the NSW Coastal Policy.

 

(v) Any coastal zone management plan

 

It is not considered that the proposed development will be contrary to the Nambucca Shire Council Coastal Zone Management Plan.

 

(b)      The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

Issue

Comments

Context and Setting

It is not considered that the proposed development will result in any significant impacts on the existing character of the site or surrounding area as it has been demonstrated in the previously approved master plan that future development can occur on the proposed allotments which will maintain sufficient recreation areas and facilities which are consistent with the existing provision on site. Furthermore, the proposed development does not include any physical works which would impact on the character of the area.

Access, Transport and Traffic

A condition has been included within the consent for a right of carriage way to be provided over lot 1 to benefit lot 2. This will ensure that each proposed allotment will have legal access. It is to be noted that the provision of additional access points is not proposed or considered necessary as part of the proposed subdivision as such works should be undertaken as part of any future lawful development of the land.

Public Domain

With regard to the above, it is not considered that the proposed subdivision will result in any significant impacts on the public domain.

Utilities

Existing reticulated sewer, water, and power services are available to the proposed development; with extensions to these services considered to be appropriate when future development occurs on the land to minimise disruption to public open space. Conditions have been included within the consent requiring the provision of easements for water and sewer to ensure future utilities can be provided to Lot 2.

Heritage

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Flora and Fauna

It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Social Impact in the Locality

Having regard to the above it is not considered that the proposed subdivision will result in any significant social impacts on the locality.

Economic Impact in the Locality

Considering the minimal social impacts posed by the proposed subdivision it is not considered that it will result in any negative economic impacts on the locality.

 

(c)      the suitability of the site for the development

 

It is considered that the proposal is suitable for the site because future development can occur on the land which will not result in any significant impacts on the natural, social, or economic environments.

 

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

 

Ten public submissions were received during the notification of the development application with the following objections made:

 

Summary of objections relating to the land raised by the public

Comment

Has the previous proposal for cabin construction been relinquished?

The proposed subdivision does not impact on the validity of the Scotts Head Reserve Master Plan. Future development on the Council owned land will require separate development consent.

We are not favourable towards any type of unit development in this area.

No unit development is proposed as part of the subject application.

Where will van park patrons enjoy recreational activities with no adjacent oval?

Existing public open space will not be physically altered until future development on the land separate to this proposed development. As illustrated in the master plan, it is considered that adequate provision can be made for recreation areas as part of future development on the land.

What will happen to the existing tennis courts?

They will be maintained within Lot 3.

Council in permitting the subdivision infers that there is a need to divide Lot 104 DP 622709.

There is not necessarily a need but potential for the proposed allotments to be further developed in a manner which is consistent with the existing use of the land and the natural, social and economic environments of the area.

Council has not published information on what provisions have been established, or not, to ensure that the ownership of the full land area will remain the property of Council.

The land is owned by Council. Any transfer or sale of the land is not relevant to the determination of this development application. However, it is noted that Council resolved on 10 April 2013 to transfer Lot 1 to North Coast Accommodation Trust as permitted by the Local Government Act 1993.

The relationship between North Coast Holiday Parks and North Coast Accommodation Trust has not been made clear to ratepayers.

This is not relevant to the determination of this development application.

All rate payers should be notified of any changes regarding the public facility that is provided by Lot 104.

The application was notified in accordance with Council’s DCP. Extending the extent of notification was not considered necessary as it is not considered that the subdivision of the land will have an adverse impact on those who were not notified.

The significance of this DA requires more than just its outline, that is, presentation of a plan. Full details should have been provided to avoid individual ratepayers having to attend Chambers.

The plan of subdivision submitted with the development application was included with all notification letters which outlines the extent of the proposed subdivision. The works associated with the master plan (which has been previously publicly notified and supported by Council) for the reserve is not part of the proposal.

No opportunity has been presented to ratepayers in order to provide alternate measures for administration of the running of the land.

Not applicable to this development application.

The parcel of land in question was given over to Council to keep for the recreational benefit of ratepayers, and this is now usurped by the Trust, this type of transaction is regarded as being corrupt in law.

The ownership of the land and the process of any transfer is not relevant to the proposed subdivision. However; it is noted that the selling, exchanging or otherwise disposing of community land for the purpose of enabling that land to become, or be added to, a Crown reserve is permissible under the Local Government Act 1993.

We are opposed to this development due to the impact it will have on nearby residents due to increased noise and nuisance factors, safety issues, environmental issues, increased traffic problems, financial viability, lack of consideration to general amenity of the existing area as it is, practicality of placement of proposed sites and new entrance, and what appears to be a total lack of concern for those who will be immediately and permanently impacted  particularly by noise and nuisance factors and safety. 

The listed issues are related to future development on the proposed allotments. Consideration of such issues will be taken into account as part of such future development and are not relevant to the proposed subdivision. With regard to safety at the frontage of lot 2, a condition has been included within the consent requiring the dedication of land as road reserve to improve sight distances. Future construction will be required to comply with the relevant engineering standards as part of any future consent for works.

Can Council advise the local residents of what is actually going to be built on these lots? 

The intent of the proposed subdivision is to facilitate the master plan which was supported by Council at its meeting on 10 April 2013 after extensive public consultation. However, such works are not part of the proposed development.

We can’t recall one response with regard to the closeness of these sites to the homes nearby and the noise factor.  There is absolutely no doubt we will be impacted in a negative manner.

The subject application is for the subdivision of land within the RE1 zone. Potential impacts such as those mentioned are to be considered as part of separate applications for use of the land.

With regard to the holiday makers who abide in our properties it is impossible to inform them as suggested by Council due to the fact we can’t obtain their details due to the privacy act.  There are a lot of people to inform from our point of view but it would appear they we are not is a position to be able to do that. 

This is a reference to a standard advice on Council’s notification letter to notify any tenants of adjoining properties of the proposed development. This is not a statutory requirement for the owners.

What consideration was given to the 350 or so signatures on a petition that was submitted to Council very early on objecting to the proposed Master plan?

Consideration is not required to be given to such a petition as it was not received as part of the notification period for the subject application, nor does it relate to the subject application.

We would like a safe walkway through the entire caravan park and its proposed changes and extensions from the boat ramp to the Scotts Club.

Provision of pathways through the site will be the subject of future development on the land.

It is very important that children have an area to play not far from the holiday park. Brasell Oval is too far away. We have seen generations of children use the grass slide down into the oval.

The proposed subdivision will maintain existing recreational areas.

The very attractions of Scotts Head will be eroded and make it simply another overcrowded holiday destination. There have been improvements made thus far and no further development should be considered until it can be proved that the proposed development is warranted.

The proposed subdivision is to facilitate the implementation of the lands plan of management. Physical works associated with the implementation of the pan of management will be subject to separate development consent.

Shop owners complain about the lack of population which can support their business and a number have closed. The rent for a house per week is than the Holiday Park so why do we need more accommodation? The accommodation is already there and rates are paid to Council on those house.

Irrelevant to the proposed subdivision.

Scotts Head needs a focus area where holiday makers can meet, activities provided and services supplied to enhance their experience.

The proposed subdivision will facilitate the implementation of the lands plan of management which incorporates these areas and facilities.

The proposed area for subdivision has for many years been a breeding ground for plovers. What will the impact on these birds and other sea birds be in the area? The lessening of the areas vegetation caused by erosion and excessive weather conditions over the past few years has already put pressure on the wildlife.

The proposed subdivision does not involve any physical works on site. It is considered that future development on the proposed allotments can maintain sufficient open areas for wildlife to occupy.

Lot 2 and 3 are below sea level. Who will be responsible for any legal action taken when during a storm event this area is flooded, cabins and resident’s lives are put at risk. Any build-up of the area will redirect floodwater, making existing and proposed stormwater drainage useless.

Council’s Engineers have considered future development on the proposed allotments as part of the preparation of the lands plan of management. It is considered that the existing drainage on the site can be upgraded as part of future development which will improve the existing systems ability to accommodate storm events.

In 2008, advice was provided by Integrated Site Design Pty. Ltd regarding opportunities for the oval. They then decided to move the semi permanents onto this land which was not supported and they were to look at other options.

This is not relevant to the proposed subdivision. However, it should be noted that the objectives of the overall development plan for the reserve outlined in the Plan of Management adopted by Council in 2011 states that the “relocation of the existing holiday vans located on community land to a new location in the north-western corner of the land (the old cricket pitch and field).” Such development on the land will be subject to separate development consent.

What purpose will this subdivision serve and why is a subdivision being requested by a party that merely holds a short term lease over the property?

The purpose of the subdivision is to facilitate the transfer of Lot 1 to North Coast Accommodation Trust in accordance with Council’s resolution at its meeting on 10 April 2013. The applicant has the right to lodge the development application with the consent of the owners (Council) which has been given.

Why were the Scotts Head Community not informed during the POM process that a subdivision was to be requested at a later time?

Not relevant to the proposed subdivision. However, as stated above the transfer of proposed Lot 1 was supported by Council at its meeting on 10 April 2013.

How can you subdivide the land when there is no provision to do so in the Plan of Management?

The proposed subdivision is consistent with the Scotts Head reserve Master Plan (Attachment 2).

 

(e)      the public interest

 

Having regard to the above assessment, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

 

Section 94 - Contribution towards provision or improvement of amenities or services and Section 64 – Construction of Works for Developers (Local Government Act 1993)

 

With the zoning of the land being RE1 Public Recreation, s94 and 64 developer contributions are only applicable to future development (separate development consent) on the land pending on the type of future land use and its built form.

 

 

CONSULTATION:

 

The application was notified to adjoining owners in accordance with Part A of the Nambucca Development Control Plan 2010. Submissions received were considered in the assessment of the application as discussed above.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposal will result in any significant impacts on the natural environment because it includes a three lot subdivision of an existing modified site which will not require any physical works.

 

Social

 

As discussed above, it is considered that future development on the proposed allotments can be undertaken without resulting in any adverse social impacts on the locality as part of separate development consent.

 

Economic

 

As addressed above, it is not considered that the proposed subdivision will result in any negative economic impacts on the locality.

 

Risk

 

Nil.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

12053/2014 - Attachment 1 - Plan of Subdivision - DA2014/056

 

2

12054/2014 - Attachment 2 - Scotts Head Master Plan

 

3

12083/2014 - Attachment 3 - Schedule of Conditions - DA2014/056

 

  


Ordinary Council Meeting - 29 May 2014

3 Lot Subdivision - Adin Street, Scotts Head

 


Ordinary Council Meeting - 29 May 2014

3 Lot Subdivision - Adin Street, Scotts Head

 


Ordinary Council Meeting - 29 May 2014

3 Lot Subdivision - Adin Street, Scotts Head

 

ATTACHMENT 3 – SCHEDULE OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plan endorsed with the Council stamp, dated TBC and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Job No.

Prepared by

Dated

Plan Showing Proposed Subdivision

1813/3905

Keith H. Wood

10/06/2013

 

In the event of any inconsistency between conditions of this development consent and the plan referred to above, the conditions of this development consent prevail.

 

 

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

 

Plan of Subdivision

 

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

 

Plan of Subdivision and Section 88B Instrument requirements

 

3.       A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dedicated Corner Splays

Dedication of a 12 metre corner splay of Part Lot 3 opposite Gloucester Street.

Drainage Easement

The creation of a 10 metre wide easement for the drainage of water over the existing open stormwater drain within Lots 1, 2 and 3.

Sewer and Water Easements

The creation of water and sewer easements over existing infrastructure within each allotment and the creation of easements within Lot 1 to facilitate future extension of sewer and water infrastructure to Lot 2.

Right of Carriageway

The creation of a right of carriageway 10m wide, or of such width as approved by Council, over the proposed Lot 1 to benefit the proposed Lot 2.

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure that access requirements arising from the development are addressed.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          NO

 

 

 



Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 9.7      SF1947            290514         Outstanding DA's greater than 12 months, applications where submissions received not determined from 8 - 20 May 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.

 

As at 6 May 2014 consultant preparing report for JRPP.

 

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

2013/170

18/11/2013

Boundary Adjustment, shed, operate depot

Lot 2 DP 881651, 296 Valla Road, Valla

11 public submissions

X2 supporting application

 

 

·     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

·     Industry to be kept to industrial estates

·     Proposed location on prime agricultural

·     Lose of peace and quiet and atmosphere

 

·     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

 

This application has been “called-in” for determination by Council

 

Further submissions received

X3 public submissions – points as mentioned above

X2 supporting application

 

2014/001

02/01/2014

Tourist Accommodation

Lot 3 DP 1035204, Seascape Place, Scotts Head

1 submission received and requested that content remain confidential

 

Information received – waiting Rural Fire Service response

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

 

As at 6 May 2014 consultant has assessed DA.  More information sought on road design showing cycleway; RFS requirement for an 8 m pavement and a flooding analysis to demonstrate the road design will not impede flood flows.

 

To be reported to Council 16 June 2014

2014/056

09/04/2014

3 Lot Subdivision

Lot 104 DP 622709, Adin Street, Scotts Head

10 public submissions

 

·      In permitting subdivision of Lot 622709 infers that there is a need to divide Lot 104 DP 622709

·      Council not published information on what provisions have been established on who owns what property eg landowner or Council

·      Relationship between North Coast Holiday Parks and North Coast Accommodation Trust has not been made clear to ratepayers

·      All ratepayers contributing rates in order to support Lot DP 622709 should be notified of any proposed changes

·      Full details of plan instead of outline so that individuals do not have to attend Council offices

·      No alternate measures for administration of running the land has been provided

·      The parcel of land was given over to ratepayers to keep for recreational benefit – now usurped by the Trust, this transaction is corrupt in law

·      Has previous proposal been relinquished for cabins

·      Previously requested to construct safe footpath access along street edge

·      Will this 3 Lot subdivision include building entitlements?  Not in favour of any type of unit development in this area

·      What is happening to existing tennis court facility

·      Where will Van Park patrons enjoy recreational activities?

·      Impact on nearby residents with increased noise, nuisance factors, safety issues, environmental issues, increased traffic problems, financial viability, lack of placement of proposed sites and new entrance

·      Lack of concern for those who will be immediately and permanently impacted

·      Lack of knowledge or understanding of what is planned

·      Relocation of semi-permanents to this proposed subdivision

·      Can Council advise what is going to be built on proposed Lots

·      Relocation of semi-permanents is almost impossible task given what it would take to do this (original objective)

·      Predicted rates increase

·      What will be built on Adin Street Reserve that was once Community land donated for that use?

·      Who will benefit and who will not?

·      Concerns about negative impact of utilising this area as a means of revenue

·      Will there be opportunity to debate this matter further?

·      Cannot recall one response with regard to closeness of sites and the noise factor

·      Holiday makers unable to voice concern as no details are able to be obtained due to Privacy Act

·      What consideration was given to 350 or so signatures on a petition submitted to Council objecting to the Masterplan?

·      Why were the Leaseholders not asked for a 21 year Grant from the NSC

·      Scotts Head has unique character with quite, laid back & restful holiday area.  Children play with friends close to camp site and should not have to go to Brazil Park to play

·      Requesting proof that further development is required

·      Accommodation already provided in form of homes already in Scotts Head and pay rates

·      Requires set around children’s playground area for campers to meet for activities

·      Plovers and other sea birds breed on proposed subdivision area

·      Not in interest of Scotts Head as a holiday destination

·      No mention was ever made of subdivision being required and is only means of Lands Department to permanently obtain community land as the entrance, office and residence

·      Lots 2 & 3 are below sea level – who will be responsible for any legal action taken during storm event.  Any built up of area will redirect flood water making existing and proposed storm water drainage useless – this is main catchment for Scotts Head

·      Whole community should have been consulted

·      Do not support subdivision of community land

·      Not included in Plan of Management

·      Community residents of Scotts Head ignored on views of previous meetings

·      Privacy issue will impact on home as entry and exit is directly opposite driveway with entry of large motorhomes and caravans. 

·      At night lights shine directly into home

·      Blind corner and with large vehicles coming and going will be an accident waiting to happen

·      Entry on curve and downhill slope and dangerous area for traffic

·      Suggest entrance to middle of straight for ample vision

·     

 

As the land is owned by Council, the application will be referred to Council for determination.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     29 May 2014

General Manager's Report

ITEM 9.8      SF1804            290514         Vegetation Mapping and Koala Habitat Study

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with information regarding a funding opportunity to continue with the Vegetation Mapping of the Shire ($70,000) and also undertake a Koala Habitat Study ($50,000) as part of the scientific baseline data for the preparation of a comprehensive Koala Plan of Management (subject to future funding).

 

The report recommends that Council accept the funding offers from the Office of Environment and Heritage.

 

 

Recommendation:

 

1.       That Council accept the funding offer of $70,000 from the Office of Environment and Heritage to commence CLASS 5 vegetation mapping of the areas (gaps) not included in the previous mapping of Endangered Ecological Communities.

 

2.       That Council accept the funding offer of $50,000 from the Office of Environment and Heritage under the  state government’s Saving Our Species koala ‘iconics’ funding in the next financial year for koala habitat study, mapping and reporting.

 

 

3.       That $10,000 and be committed from Councils Environmental Levy to contribute to the project and staff resources be allocated as necessary to assist OEH in the management of project.

 

 

 

OPTIONS:

 

Council may choose not accept 1 or both of the funding allocations

Council may choose not allocated staff resources or environmental levy funds to the projects

 

DISCUSSION:

 

In 2012 Council and the Office of Environment and Heritage (OEH) collaborated to successfully prepare mapping of likely/ potential Endangered Ecological Communities (EEC) as listed under both State and Federal Legislation.

 

This mapping information is now be incorporated into Councils local Geographic Information System (GIS) and is actively being used by staff in decision making, land management and grant submissions. The information has also be distributed to other interested land managers and natural resource practitioners.  

 

The Office of Environment and Heritage (OEH) has indicated that it is in a position to offer funding of $70,000 to Nambucca Council to undertake CLASS 5 vegetation mapping of the areas (gaps) not included in the previous mapping of EECs.  This funding would benefit council and the community in all aspects of strategic planning and land management and across the Local Government Area (LGA).

 

Additionally under the state government’s Saving Our Species koala ‘iconics’ funding OEH has identified Nambucca LGA as a priority area for up to $50,000 in funding in the next financial year for koala habitat mapping and reporting.  This work would require the CLASS 5 Vegetation mapping as a scientific basis for the mapping and ranking of koala habitat.

 

OEH has indicated that there would be a requirement for a level of commitment by Nambucca Council to support the project by way of ‘in kind’ support through a level of project management and if available additional funding to ensure a level of ownership of the project and project outcomes.  Ideally this would include a formal council resolution to proceed with the vegetation mapping and the koala surveys and habitat mapping with a view to the preparation of a Comprehensive Koala Plan of Management under the provisions of SEPP 44.

 

It is proposed that the funding be provided to council through a Funding Agreement that would allow the funding to be made available to OEH to provide specialist and expert staff to undertake the project in accordance with a project brief.

 

This project is considered an excellent opportunity for Council to improve its natural resource base information at a low cost, and in reasonably resource friendly manner (staff time).

 

What is a comprehensive Koala Plan of Management?

 

The Koala Habitat study and report proposed as part of this project will lead to the later development of a Comprehensive Koala Plan of Management (CKPoM). The ultimate purpose of a CKPoM is to provide a strategic and consistent approach to koala management and planning throughout Shire at a landscape scale. The plan seeks to manage the threats operating on koalas and conserve their natural habitat by incorporating koala conservation and management into local government planning processes. The Plan would also identify and recommend actions for non- statutory aspects of koala management and threat abatement such as community education, koala health and welfare issues.

 

The Shire has been identified in the NSW State Recovery Plan for the koala (recently approved by the NSW Minister for Climate Change and the Environment in 2008) as a priority area for the development of a Comprehensive Koala Plan of Management (CKPoM) under the provisions of State Environmental Planning policy 44 - Koala Habitat protection (SEPP 44).

A comprehensive plan, focusing on landscape scale management, is favoured by both the NSW Department of Planning and Department of Environment and Climate Change, as opposed to individual plans prepared on an ad hoc basis, as it provides a greater degree of reliability in terms of koala habitat assessment. A comprehensive plan also removes some of the burden on individual developers to undertake costly and detailed koala studies and potentially prepare individual Koala Plans of Management.

The Nambucca LGA presently presents a gap in the mid north coast area in regards to koala habitat mapping and a CKPoM with Kempsey, Bellingen, Coffs Harbour, Ballina, Lismore, Byron and Tweed councils either having an approved plan or in the process of finalising plans.

 

As the process evolves and funding becomes available it is anticipated that OEH and Council will work together to develop and CKPoM.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The vegetation mapping and koala plan of management will provide positive result the environment

 

Social

 

Nil

 


Economic

 

The proposed mapping and studies will largely be undertaken with funding provided by OEH. A small amount of funding will be provided from Councils Environmental Levy to contribute to the project.

 

Having an adopted CKPOM in place will reduce the need for development applications to be accompanied by a SEPP 44 assessment or KPoM and provide greater certainty with respect to areas suitable for sustainable development.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A contribution of $10,000 is proposed to be allocated from the environmental levy.

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

The vegetation mapping project and koala habitat study will require staff resources to oversee the project but the majority of the engagements, contract management, mapping and reporting will be undertaken by OEH, similar to mapping undertaken last year.

 

It is unknown how much staff time will be required to oversee the Habitat study at this stage as it has not been undertaken in the Nambucca Shire before. However it is estimated that this work would be substantially undertaken by OEH in conjunction with council. Should any issues arise they will be discussed with management and reported as necessary.

 

Should any issues arise they will be discussed with management and reported as necessary.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     29 May 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1871            290514         March 2014 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2013/14 to a deficit of $284,430 and varies Current Liquid Equity to $2,116,591, a decline of $255,630 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) is adequate at approximately $620,000 above the minimum level as per Council’s policy.

 

 

Water Supplies:             This review revises the net operating result for 2013/14 to a surplus of $82,800 and varies Current Liquid Equity to $2,036,291, an improvement of $77,700 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,090,000 above the minimum level as per Council’s policy.

 

 

Sewerage Services:       This review revises the net operating result for 2013/14 to a surplus of $328,830 and varies Current Liquid Equity to $857,140, an improvement of $330,230 to the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is satisfactory $190,000 above the minimum level as per Council’s policy.

 

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report. On page 6 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2013/14 year as at the 31 March 2014. Also on page 6 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 7-10 of the budget review document.

 

 

 

Recommendation:

 

1        That the budget review for the quarter ended 31 March, 2014 be received.

 

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

 

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated current liquid equity surplus is $2,116,591 inclusive of internal loans.

 

The original 2013/14 budget forecast a net operating deficit of $28,800. Items revoted from 2012/13 amounted to $293,770. The balance of internal loans borrowed from current liquid equity was $1,007,600.

 

The September review revised the result for 2013/14 to a net operating deficit of $189,800 a decline of $161,000.

 

The December review revised the result for 2013/14 to a net operating surplus of $11,300 an improvement of $201,100.

 

This review sees a decline in working funds of $295,730. As can be seen each review has reversed the fortunes of the previous.

 

The following are the major variances for this review. Street Lighting energy costs was underestimated by $60,000 primarily as a result of the original budget being reduced on the expectation that the efficient luminaries would be installed. Costs associated with Gumma Reserve required adjusting by $65,000 and is offset slightly by an increase in the estimate for camping fees ($12,000). Redundancy costs associated with, the IT restructure was $21,000, and the job change of Grader Operator to Roller Operator was $35,000. A net variance associated with plant operations of $38,000 was required. Also Public Amenities maintenance required a variation of $35,000 along with Urban Street maintenance of $27,000.

 

The decline also related to the six monthly overheads distribution review as at the 31 December which saw costs reallocated back to general fund from Water and Sewerage. These allocations will be dependent on actual expenditure at year end which may vary the first half trend.

 

Slightly offsetting the unfavourable variations was the deletion of the $25,000 allocation for internal audit services which has been delayed.

 

Although Council’s working capital still remains adequate, it should be noted that the draft 2014/15 budget is relying on the strength of Council’s working funds. The draft budget is sourcing funding from an internal loan of $200,000 as well as a new allocation coming from Council’s Land Development activity through sale of industrial lots which will rely on a sustained improvement in the property market.

 

WATER SUPPLIES

 

Water Supplies estimated current liquid equity surplus is $2,036,291.

 

The original 2013/14 budget forecast a net operating surplus of $5,100. Items revoted from 2012/13 amounted to $50,000.

 

The September review revised the result for 2013/14 to a net operating surplus of $800 a decline of $4,300.

 

The December review revised the result for 2013/14 to a net operating deficit of $50,000 a decline of $50,800.

 

This review sees an improvement of $132,800.

 

A grant for the Fluoride System upgrade of $61,000 was approved with the associated expenditure already committed in the budget. The delay in the Off River Water Storage project has required a variation to the expected pumping to the dam and a reduction to pumping station maintenance of $50,000 has been included. The delay has also increased expected unrestricted interest on investments by $32,000 due to the funds held pending anticipated payments. As mentioned earlier the six monthly overhead distribution review required a reduction to Water’s overhead allocations.

 

Offsetting the above variances was $30,000 and $20,000 required for unplanned mains maintenance and reservoir repair work respectively.

 

SEWERAGE SERVICES

 

Sewerage Services estimated current liquid equity surplus is $857,140.

 

The original 2013/14 budget forecast a net operating deficit of $1,400. No items were revoted from 2012/13.

 

The September review revised the result for 2013/14 to a net operating surplus of $33,600, an improvement of $35,000.

 

The December review revised the result for 2013/14 to a net operating surplus of $252,000, an improvement of $218,400.

 

This review sees a further improvement of $76,830.

 

Apart from the revised overhead redistribution the only significant favourable variance was the $45,000 expenditure reduction associated with the lower tender price estimate for the Sth Macksville Pump Station works.

 

Additional expenditure variances were required for unplanned replacement of switchboard and effluent suction at pump stations of $25,000 and $20,000 for main and replacement of sudge mixer at Bowraville Treatment Works.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

 

 

 

Attachments:

1

 - Circularised Document - Budget Review Document

 

  


Ordinary Council Meeting - 29 May 2014

March 2014 Budget Review

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

March 2014 Budget Review

 

 

 

Circularised Document - Budget Review Document

 

0 Pages

 


Ordinary Council Meeting                                                                                                     29 May 2014

Assistant General Manager Corporate Services Report

ITEM           SF316              290514         Macksville Gift Committee of Management - AGM - 31 March 2014 - Minutes

 

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

 

Summary:

 

The report acknowledges the Annual General Meeting of the Macksville Gift Committee of Management held on 31 March 2014. A copy of these minutes is attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for the Macksville Gift, held on 31 March 2014.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting for the Macksville Gift Committee of Management was held on 31 March 2014.  The newly Elected office Bearers are as follows:

 

President                        Ken Capell

Vice President                 Owen Rushton

Secretary                        Greg Wood

Treasurer                         Helen Rushton

Ground Manager             Ken Capell

Publicity Officers            Geoff Byron and Christian Knight

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are not changes to service levels, resourcing/staff implications.

 

 

Attachments:

1

12490/2014 - Minutes from AGM Meeting - 31 March 2014

 

  


Ordinary Council Meeting - 29 May 2014

Macksville Gift Committee of Management - AGM - 31 March 2014 - Minutes

 

MACKSVILLE ATHLETIC CLUB

ANNUAL GENERAL MEETING

Held 31st March 2014 at Macksville Rugby League Club Clubhouse at 6.00 p.m.

 

 

Present:                       Ken Capell,,  Geoff Byron, Ron Brown, Greg Wood, Malcolm Robinson, Owen Rushton, Luke Rushton, Ritchie Donovan, Rod Edwards, Christian Knight , Rowena   ,Kim MacDonald, Evan Parsons, Tracey Cheers, Tracey’s daughter, Tracey Welsh, Greg Tape

 

Apologies:           Maurie Lonergan, , Lesley Anne Smith, Barry Fuller, Helen Rushton

 

Introduction                Ken  thanked all present for their interest in the future of the Gift. Ken and then Owen spoke on the problems that called the future of the Gift into doubt. These included a lack of spectator interest in the event, a shortage of people willing to get involved in the preparation work for the Gift and a critical lack of funds. Greg presented an Annual Financial Statement showing that our funds in the bank amounted to $152.54. Greg quickly ran through the Statement and answered questions,- primarily around insurance. Kim MacDonald offered to investigate through Council’s brokers whether a better deal could be negotiated. The cost of Waste Disposal was also noted and alternative methods of dealing with this discussed.

                                    Suggestions

                                    Ritchie suggested attracting name Rugby League players – perhaps through their domestic violence elimination program – these would be a big drawcard. Ritchie undertook to investigate this further. Discussion of broadening the days program to include longer distance events for the local community – a fun run could finish at the ground at a suitable time. Ken mentioned the idea of a Touch Football competition on Willis St oval. Tracey Cheers and Ritchie Donovan spoke strongly in favour of building up the Little A’s Carnival to a Regional Gala.

 

Meeting                       Ken stated that there appeared to be clear support for the Gift continuing and proposed that the formal AGM commence.

 

Allan Smith                 Prior to the formal meeting starting Ken asked all to reflect on the recent passing of our Treasurer and very willing worker for the community – Allan Smith. He will be greatly missed by all.

 

Minutes:                      The minutes of the previous A.G.M. were read and confirmed.  Moved Ken, seconded Owen. passed

 

 

Financial Report:       - As the financial report had already been presented and no further discussion was held.

 

Annual                          Moved Greg, seconded Ken that Greg  be authorised to sign Annual

Statement:           Statement.

 

Election of Officers:   Kim MacDonald took the chair and conducted the election of officers. All positions declared vacant,  and nominations were called for:

 

President:                    Ken Capell– moved Owen Rushton seconded Greg Wood elected -

                            

Vice President:    Owen Rushton – Moved Geoff Byron, Seconded Ken Capell - elected    

 

Secretary:           Greg Wood – moved Ron Brown, seconded Owen Rushton - elected.

                            

Treasurer:                  Helen Rushton– moved Ken Capell seconded Owen Rushton – Helen had indicate dhe willingness to accept this position - elected

 

Ground Manager:      Ken Capell  to continue

                            

 

 

 

Publicity Officers:      Geoff Byron and Christian Knight jointly – moved Ron Brown seconded Ritchie Donovan.

Queens Coordinator: Lesley-Anne Smith had indicated that she was not ready to relinquish the position but  would need a little time to make a final decision. Some people had indicated that they may be able to help her. Lesley to be given time to consider further. Malcolm indicated that he knew somebody who may be able to help.

 

Auditor:                      Considered that no Auditor required.

 

Patrons:                      Patrons – leave as is, N ledger, V Laverty, Barry Fuller, Mike Webb

 

Committee:                 Elected Officers, and those present who are able to attend meetings

 

Public Officer             Greg to continue moved Kim MacDonald, seconded Ken Capell

 

Council                        Resolved that our President, Secretary and Treasurer together with Tracey Welsh make up the Committee for the Macksville Gift Procession Committee of Management. It was also noted that Councillor Kim McDonald was the Council’s representative.

                                               

Bank Account                      Need  to alter-  account to be operated by any two of the President, Ken Capell, the Treasurer, Helen Rushton and the Secretary, Greg Wood. Greg to obtain forms.

 

 

General Business                It was proposed to commence some raffles to start raising funds for this years event.

                                                It was agreed to hold the next monthly meeting on the 28th April as the 3rd Monday of the month occurs at Easter.

                                               

.

 

Closure:              The meeting closed at 8.10. pm      

 

 

 

 

Chair person_____________________


Ordinary Council Meeting                                                                                                     29 May 2014

Corporate Services

ITEM           SF251              290514         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

MEETING

DATE

VENUE

COMMENCING

Land Development C’tee

22/05/2014

Council Chambers

4.30 PM

Special Council Meeting

22/05/2014

Council Chambers

5.30 PM

Access Committee

27/05/2014

Council Chambers

2.00 PM

Asset Management Workshop

29/05/2014

Council Chambers

3.30 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 AM

Ordinary Council Meeting

12/06/2014

Council Chambers

5.30 PM

Access Committee

24/06/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

26/06/2014

Council Chambers

5.30 PM

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 AM

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

 

Note:   Departure times to off-site meetings have been added.

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

 

 

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                     29 May 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF844              290514         Nambucca District Water Supply Steering Committtee Meeting - 7 May 2014

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

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

 

A quorum was not available at the meeting held on 7 May 2014 so the agenda items were raised for the information and discussion only.

 

The minutes of the record of discussion relating to the meeting are attached for Council’s information.

 

 

Recommendation:

 

That the minutes of the record of discussion held on 7 May 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

 

 

OPTIONS:

 

No other options considered.

 

 

DISCUSSION:

 

Main items of discussion were the ongoing risks to the project and their impact on the project budget. Haslin lodged a major claim for delay and additional work last month and Council discussed in detail the impact this may have on the project contingency as well as where possible savings may be made on the work yet to be completed.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

NSW Public Works

NSW Office of Water

Haslin Construction Pty Ltd

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

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

 

Risk

 

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

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council has committed funding in the 2013/14 budget that was expected to be sufficient to complete construction works. Delays to the construction program and the contractor claim for delay and additional works will require additional funding to be allocated in the 2014/15 budget

 

Source of funds and any variance to working funds

 

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

 

The Office of Water has confirmed a $14.8 million subsidy as part of the existing Country Towns Water Supply and Sewerage program.  $12.4 million of the funding has been claimed to date.

 

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

 

A significant variation is being negotiated between the NSW Public Works and the Contractor which will have a major impact on the budget. 

 

Service level changes and resourcing/staff implications

 

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

 

 

Attachments:

1

12321/2014 - Minutes of Steering Committee Meeting held on 7 May 2014.

 

  


Ordinary Council Meeting - 29 May 2014

Nambucca District Water Supply Steering Committtee Meeting - 7 May 2014

 





Ordinary Council Meeting                                                                                                     29 May 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    SF711              290514         Tender for Supply and Delivery of Bulk Chemicals for Water Treatment

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council uses a variety of chemicals in the operation of its water supply and wastewater treatment plants.

 

In order to ensure value for money in procuring these chemicals Council agreed to participate in a tender for supply of bulk chemicals to Mid North Coast Council’s arranged by Regional Procurement.

 

Regional Procurement provides tendering and procurement services for member Councils in compliance with Section 55 of the Local Government Act 1993 and Clause 166(a) of the Local Government (General) Regulation 2005.

 

The tender was an open single source tender for each separate chemical requested for supply.  The tender is being reported to Council as the contract value for the supply of one particular chemical over the contract period is likely to exceed the $150,000 threshold requiring Council’s formal approval.

 

A tender evaluation report is attached for Councils information and it is recommended that the recommendations of the Evaluation Panel are accepted by Council.

 

 

 

Recommendation:

 

That Council:

 

1.   Award contracts for the supply and delivery of bulk chemicals in accordance with the recommendations of the Tender Evaluation Committee for Tender T051415 called by Regional Procurement as follows:

 

Omega Chemicals -  Aluminium Sulphate –

Redox Pty Ltd - Hydrated Lime and Sodium Fluoride (Granular)

Price Chemicals – Sodium Hypochlorite

 

2.   Award the contracts for a period of 2 years commencing 1 July 2014 with the provision of a further 1 year period subject to satisfactory performance.

 

 

 

OPTIONS:

 

Council could seek quotes for the supply of bulk chemicals as required however it is considered that this would be inefficient and there would be no benefit to be gained.

 

 

DISCUSSION:

 

The Tender Evaluation report is attached for Council’s information and no further discussion is considered necessary

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

Regional Procurement

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The acceptance of the tender recommendations has no direct environmental benefits

 

Social

 

The acceptance of the tender recommendations has no direct social benefits

 

Economic

 

The tender ensures that Council is obtaining the best possible price for the supply and delivery of the bulk chemicals that it requires to operate its water supply and wastewater treatment plants.

 

Risk

 

There is no risk associated with the acceptance of the tender recommendations

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council has committed funding for supply of the chemicals in the 2013/14 budget.

 

Source of funds and any variance to working funds

 

Funding for the project will be sourced from working funds.

 

 

Service level changes and resourcing/staff implications

 

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

 

 

Attachments:

1

12917/2014 - Tender Evaluation - Bulk Water Treatment Chemicals

 

  


Ordinary Council Meeting - 29 May 2014

Tender for Supply and Delivery of Bulk Chemicals for Water Treatment

 














Ordinary Council Meeting                                                                                                     29 May 2014

Assistant General Manager Engineering Services Report

ITEM 11.3    SF853              290514         Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Tim Woodward, Noxious Weeds Inspector; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Council at its meeting held on 24 April 2014 received a report on the infestation of Salvinia Molesta in Swimming Creek and resolved as follows;

 

That the matter be deferred to the next Council meeting so as to provide the opportunity to investigate biological control or mechanical opening of Swimming Creek to salt water.”

 

A further report is now presented on the investigation of mechanically opening the mouth of Swimming Creek, and the costs associated with alternative treatment measures.

 

 

Recommendation:

 

That Council approve the use of registered herbicides on the Salvinia Molesta infestation in Swimming Creek, following appropriate consultation, preparation of a media release and correct pesticide notification procedures as outlined within this report.

 

 

OPTIONS:

 

Council will be in breach of its legislative obligations under the Noxious Weed Act if no action is taken to treat the Salvinia Molesta and there are four options to consider as follows:

 

1        That Council use the registered herbicides and implement a management plan to treat the Salvinia infestation (in accordance with Council’s legislative requirements under the Noxious Weed Act).

 

2        That Council commit additional funds for mechanical harvesting of the Salvinia (a more expensive exercise through high labour, disposal and cartage costs) in conjunction with follow up herbicide application as required to manage the infestation.

 

3        That Council use biological control.

 

4        That Council seek approval to open mouth of Swimming Creek at the ocean to allow the inflow of salt water into the creek system.

 

 

DISCUSSION:

 

Salvinia Molesta is declared a Class 3 Noxious Weed species in the Nambucca Local Control Authority area and is recognised as a Weed of National Significance which “must be fully and continuously suppressed and destroyed”. Council deferred the decision on using a herbicide application pending further investigation on other means of control.

 

There are four potential control methods available to control Salvinia including:

 

·           opening the mouth of Swimming Creek to natural tidal control of sea water

·           mechanical harvesting

·           biological control

·           herbicide application

 


Opening the mouth of the creek into the ocean:

 

Swimming Creek is classified as an ICOLL (intermittently closing and opening lakes and lagoons) requiring approvals under the dredging and reclamation provisions within the Fisheries Management Act 1994, specifically s200 (for a local Council) or s201 (for an individual or company) to open the entrance onto the ocean.

 

Council officers sought consent to open the mouth via mechanical excavation and approval has been denied as Council does not have an entrance management strategy for Swimming Creek. Where a Council has worked, typically through a Coastal Zone Management Plan process and developed an evidence based entrance management strategy with Office of Environment (Coast and Estuaries officers), Dept of Lands (typically the beach front land where the activity would be undertaken is Crown Land) and Fisheries NSW, and the strategy has been endorsed allowing a Council maintenance permit to be issued for works.

 

Mr. Patrick Dwyer Regional Assessment Officer (North) Department Aquaculture & Aquatic Environment Primary Industries NSW advised that using artificial openings for ICOLLs can give rise to a range of problems (fish kills, erosion, changing fish communities and plant communities) to manage a single problem at Swimming Creek is not a holistic management approach that could be sustained in the long term and are typically best managed with minimal intervention.  When it rains ICOLs naturally break out, during dry and low seas they build up a berm and close.  When they are closed the fish and particularly prawns grow really well.

 

The catchments and foreshores of many ICOLLs are naturally developed and have a range of infrastructure around them that get impacted prior to the natural break out level being reached and therefore many councils have developed entrance management strategies.  Lake Cakora within Clarence Valley will typically be opened if the water level reaches 1.6M AHD.  In Byron LGA Belongil Creek will be opened at 1.1M AHD (cause of impacts on town assets) and Deep Creek.

 

Council does not have a management plan for Swimming Creek, therefore the mechanical opening of Swimming Creek cannot be considered as an option to control the Salvinia Molesta at this point in time due to the time involved in having a management plan developed and approved.

 

The pumping of sea water from the beach into the creek system requires approval under the same ideologies as mechanically opening the mouth and therefore approval will not be granted and this has not been costed.

 

Mechanical harvesting:

 

Initial mechanical removal is extremely difficult to approximate as the creek has many trees and other obstructions within the creek that are holding back Salvinia at various growth stages, and regular follow up harvesting will be required.

 

Initial mechanical harvesting approximate costs:

 

Labour and equipment $42 per hour (150 hours)               $6,300

Bunding installation                                                         $   500

Backhoe Hire 3 hours                                                      $   300

Truck Hire 6 hours (2 loads)                                             $   600

Tipping Fees (135 per tonne) Coffs Waste Centre             $   270

                                      Approximate total                    $7,970

 

The mechanical harvesting can give rise to a range of problems such as erosion, changing fish communities and plant communities as there is potential for substantial damage to the local ecology.

 

Biological control:

 

The Salvinia Weevil (Cyrtobagous salviniae) a bio-control agent has been released extensively within many known Salvinia infestations of the Nambucca Valley, with varying levels of success. The weevil is slow to establish within many infestations and also prefers actively growing Salvinia in a water body that receives full sunlight, unlike the Swimming Creek system. The weevils numbers also expand as the Salvinia infestation expands, therefore the bio-control agent will not eradicate the infestation totally. The best time of release is during the growth period of the Salvinia therefore a release is not at its greatest efficacy until spring.

 

Initial costs are estimated:

 

Labour                                               $ 250.00

Weevils (5 x 30 litre)                           $ 100.00

 

Herbicide application:

 

Implementing an integrated pest management program on any weed or pest species delivers the greatest results. The use of herbicide on, near or in water bodies is highly controversial, but often is the most cost effective management tool available to achieve long term control of weed species, including aquatic weeds. There are various herbicides registered for use (both on label and minor use off label) by the Australian Pesticides and Veterinary Medicines Authority including and not limited to:

 

·           Weedmaster Duo® (Nufarm)

·           Round-up Biactive® (Monsanto)

·           Metsulfuron methyl (Brush-Off® by Dupont) APVMA Off Label Permit No: 10461

 

The only constraint around the utilisation of the approved herbicides is that the correct pesticide notification process must be adhered to, herbicide must not be used in potable water and all efforts to protect off target species must be implemented.

 

Initial herbicide treatment:

 

Labour and spray equipment $110 per hour (9 hours)        $   990

Weedmaster Duo 3 Litres                                                $     21

                                      Approximate total                    $1,011

 

Follow up control:

 

Labour                                                                           $   330

Weedmaster Duo 1 Litre                                                  $       7

                                      Approximate total                    $   337

 

It is recommended to use the registered herbicides and implement a management plan to treat the Salvinia infestation (in accordance with Councils legislative requirements under the Noxious Weed Act).

There are significant water quality and odour issues when Salvinia engulfs a water body:

 

·      The resultant stagnant water under the Salvinia becoming putrid and lowering water quality to levels that impact on the aquatic ecosystems and serious affects to the native plant and animal life.

·      The accumulation of decomposing organic matter within water body emanating a putrid odour from the Salvinia Molesta effecting the air environment surrounding Swimming Creek.

 

It was anticipated that through the heavy rainfall event that occurred during the week of 24 March 2014 that the mouth of Swimming Creek would re-open to the ocean and as a result the Salvinia infestation would be translocated into the ocean or conversely sea water would inundate Swimming Creek to kill the Salvinia infestation (Salvinia cannot survive in brackish water of 3000-4000 ppm of total dissolved salts). Unfortunately this natural occurrence at the mouth of the Swimming Creek did not eventuate.

 

There are a number of residential properties that surround the Creek and are now affected by the obnoxious odours emanating from the infestation, as well as visitors/tourists and residents of the adjoining Swimming Creek Caravan Park.  Council has received multiple complaints from both residents and the Caravan Park management regarding the degradation of the Creek and wish to know what management systems Council intends on implementing to control this invasive aquatic weed species, given the land in question is Crown Lands under Council’s management.

 

The caravan park management advise that the weed within Swimming Creek is now impacting on their business as it is has an appalling odour with both tourists and residents expressing concern that the Creek is toxic and people do not want to stay or reducing their occupancy as the smell is so bad.

 

 

CONSULTATION:

 

·           Councillors

·           Assistant General Manager Engineering Services

·           Manager Civil Works

·           Adjoining residents

·           Caravan Park Managers

·           Mr Rod Ensbey - Pest Management Officer with the NSW DPI

·           Mr Charlie Mifsud - State Aquatic Weed Coordinator with the NSW DPI

 

Extensive consultation will be required to media representatives, adjoining residents, and Caravan Park management, when the use of registered herbicides are to be utilised on the water to gain effective management of this invasive aquatic weed.

 

Furthermore representatives will be contacted from the Environmental Protection Authority to let them know of the pending herbicide use in the water body, to pre-empt any complaints that the public may make regarding the use of registered and approved herbicides in Swimming Creek.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Salvinia is a declared Class 3 Noxious Weed (must be fully and continuously suppressed and destroyed). Salvinia rapidly degrades any water source that it invades and greatly impacts native flora and fauna species that are impacted by this invasive aquatic weed species.

 

Social

 

Salvinia impacts residents and tourists / visitors alike through aesthetic degradation, obnoxious odours emanating from decaying vegetative matter in water bodies and can pose a safety threat by people not realising the depth of a water body that is infected with Salvinia and entering the water body.

 

Economic

 

There are large costs associated with the ongoing management of any weed species, but these costs are multiplied when dealing with aquatic weed species. Depending on the chosen methods of control a long term capital investment will be required to effectively manage this aquatic weed infestation.

 

There are potential economic impacts associated with not treating the Salvinia to the tourist industry and also potential fines for not adhering to legislative requirements.

 

Risk

 

If no action is taken Council is in breach of their responsibilities under the Noxious Weed Act and also there is the potential for fines and ongoing complaints by the adjoining caravan park management and residents. 

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact to current or future budgets as the work can be funded through the annual Crown Land weed control funding 

 

Additional long term funding (over at least 5 years) of at least $3,000 in the first year and $1,500 per year thereafter will required for herbicide control alone, additional funding is required if mechanical harvesting is to be employed with associated transportation, disposal and intensive labour requirement.

 

Source of fund and any variance to working funds

 

The work is able to funded from the annual Crown Land weed control funding (Councils Weed Inspector was successful in obtaining $18,000 in funding from Crown Lands for weed control within Crown Lands under Councils management) for this control program, at the detriment of other weed control programs within Crown lands under Council’s management.

 

Alternatively funding could be considered from the Environmental Levy to implement an ongoing weed management program at this site.

 

Service level changes and resourcing/staff implications

 

There is no impact to service levels or resourcing/staff implications.

 

 

Attachments:

1

10251/2014 - Juvenile Salvinia west of access bridge to Swimming Creek Caravan Park and approximate area of Salvinia infestation

 

  


Ordinary Council Meeting - 29 May 2014

Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads

 

 

Description: Description: F:\DCIM\100_PANA\P1000210.JPG

Juvenile Salvinia west of access bridge to Swimming Creek Caravan Park

Approximate area of Salvinia infestation