Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

23 February 2017

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:

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly 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.

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information. Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

In the public forum 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 - 23 February 2017

Acknowledgement of Country (Mayor)

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land. I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 9 February 2017.................................................................................. 7

5 NOTICES OF MOTION

6 PUBLIC FORUM

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports.................................................................................... 20

9.2 Native Title Application - Gumbaynggirr People #3........................................................... 28

9.3 Proposed Evelyn Greenup Memorial - James Park........................................................... 39

9.4 Establishment of a Business Advisory Committee............................................................ 56

9.5 Future of Brook Park, Nambucca Heads.......................................................................... 59

9.6 Public Forums................................................................................................................ 66

9.7 Rural Land Use Conflicts - Horticulture............................................................................. 69

9.8 Environmental Levy - December Quarterly Report............................................................. 77

9.9 Development Applications greater than 12 months or where submissions received - 2 February 2017 to 15 February 2017............................................................................................................ 83

9.10 Report on Library Services, Library Committee and Strategic Plan..................................... 86

9.11 Community Builders Funding Future - Department of Family and Community Service Targeted Earlier Intervention Reform ...................................................................................................... 106

9.12 2017 January - Development and Complying Development Applications Received........... 110

9.13 2017 January - Approved Construction and Complying Development Certificates............. 113

9.14 Future of Welsh Pioneer Park, Welshs Creek Road, Talarm............................................. 117

9.15 December 2016 Budget Review..................................................................................... 126

10 Assistant General Manager Corporate Services Report

10.1 Investment Report to 31 January 2017............................................................................ 191

10.2 Schedule of Council Public Meetings 2017..................................................................... 196

10.3 Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 6 February 2017 197

10.4 Scotts Head Events Committee of Management AGM - 24 October 2016 - Minutes and Financial Statement..................................................................................................................... 204

11 Assistant General Manager Engineering Services Report

11.1 Capital Works Report - December 2016.......................................................................... 208

11.2 Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2017............................ 217

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

12.1 Legal Matter - Statement of Claim

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

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

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

NAMBUCCA SHIRE COUNCIL

Description: nambucca valley nsc

DISCLOSURE OF INTEREST AT MEETINGS

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

I		declare the following interest:
(name)

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

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

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

For the reason that




Signed			Date

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

Council’s Facsimile Number – (02) 6568 2201

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

Definitions

(Local Government Act and Code of Conduct)

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

(Local Government Act, 1993 section 442 and 443)

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

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

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

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

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

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

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

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

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 09 February 2017

The following document is the minutes of the Ordinary Council meeting held 9 February 2017. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 23 February 2017 and therefore subject to change. Please refer to the minutes of 23 February 2017 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Susan Jenvey	Cr David Jones
Cr Janine Reed	Cr Anne Smyth
Cr John Wilson

ALSO PRESENT

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

APOLOGIES

Scott Norman (AGM Corporate Services)

Cr David Jones (for being late—he arrived at 5.37 pm)

PRAYER

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

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.15 Environment Management Audit of Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for the quarry in the Land and Environment Court prior to becoming a Councillor. Cr Hoban left the meeting for this Item.

Councillor J Reed declared a pecuniary interest in Item 9.9 Macksville Hospital Redevelopment under the Local Government Act as Cr Reed is a member of the Mid North Coast Land Health District Board. Cr Reed left the meeting for this item.

Councillor Jenvey declared a pecuniary interest in Item 9.15 Environment Management Audit of Valla Quarry under the Local Government Act as Cr Jenvey has suffered loss to property and community at Valla from the Valla Quarry. Cr Jenvey left the meeting for this item.

Councillor Jenvey declared a non-pecuniary less significant conflict of interest in Item 9.16 Use of Council owned Land at Valla to Store Caravans for the Lifetime Connect, "Young People in Caravans Project" under the Local Government Act as Cr Jenvey has friendship and membership in an association with Stuart Holmes, Nambucca Men's Shed Coordinator.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 January 2017

31/17 RESOLVED: (Smyth/Jenvey)

That the minutes of the Ordinary Council Meeting of 12 January 2017 be confirmed subject to the following corrections:

i) Item 9.6 Productivity Savings - Organisation Structure – Cr Jenvey requested that her name be recorded against the resolution.

ii) Item 9.9 should read:

Note: Councillors Smyth and Jenvey recorded their reasons for opposing the motion being they do not agree with Items 2.8 and 2.15 but otherwise support the other Items.

NOTICE OF MOTION - CR Smyth – LATE

ITEM 5.1 SF2303 090217 Notice of Motion - Cr Anne Smyth - Request for Leave of Absence from 14 February to 22 February 2017

32/17 RESOLVED: (Smyth/Ballangarry)

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 14 February 2017 to 22 February 2017, inclusive, for personal reasons.

CITIZENSHIP CEREMONY,

PUBLIC FORUMS AND DELEGATIONS

CITIZENSHIP CEREMONY – Mr Fitzroy Powell received his Australian Citizenship bestowed on him by the Mayor, Rhonda Hoban on behalf of the Minister for Immigration and Boarder Protection, the Hon Peter Dutton MP.

RECOMMENDATION

That the following Public Forums and Delegations be heard:

PUBLIC FORUM

i) St Patricks School Girl Captains: Miss Zoe Rudder and Miss Caitlin Mann presenting the

Year 6 Students' suggestions for the Dawkins Park and Macksville Revitalisation Plans

ii) Mr Peter Gill – Roadside Rubbish, Pacific Highway and Giinagay Way(advised by telephone call that he would like to postpone his address to Council until the March Council meeting).

DELEGATIONS

9.2 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

i) Mr Peter Watt

9.3 Single-Use Plastic Shopping Bags

i) Ms Melina Murphy – Supporting the recommendations

9.12 Use of Adin Street Reserve (Village Green) Scotts Head for Markets

i) Ms Pip Midson representing the Scotts Head Events Committee of Management

ii) Ms Annie Holcombe—on behalf of Wildlife Rescue Inc

iii) Mr Bernard Ashcroft—on behalf of Wildlife Rescue Inc

9.13 DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Scotts Head

i) Ms Angie Evans, President Scotts Head Community Group—requesting deferral of Item 9.13

9.15 Environmental Management Audit of Valla Quarry

i) Mr Peter Sobey – interested resident

PUBLIC FORUM

i) School Captains, Ms Zoe Rudder and Miss Caitlyn Mann, from St Patricks School addressed Council to a PowerPoint presentation in relation to a submission put to Council by St Patricks School students for the redesign of Dawkins Park and Macksville CBD rejuvenation.

DELEGATIONS

33/17 Resolved: (Ainsworth/Wilson)

That Council defer Item 9.2 until Mr Watt arrives at the Council meeting.

9.2 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

i) Mr Peter Watt was in the gallery but chose not to address Council.

ITEM 9.2 RF391 090217 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

Motion: (Smyth/Jenvey)

That Council replace Brown’s Bridge as per Council’s Bridge Replacement Program, utilising the $25,000 offered by the property owner to improve the bridge approaches and adjust the Council budget accordingly.

The motion was LOST.

34/17 Resolved: (Finlayson/Ainsworth)

That Council advise the property owner that Council currently cannot afford the replacement of the bridge and that it will considered as part of Council’s four year delivery program commencing in 2017/18.

Note: Cr Smyth requested her vote be recorded against the motion as she does not believe Council’s financial situation will be any different.

Note: Cr Ballangarry requested his vote be recorded against the motion.

Note: Cr Jenvey requested her vote be recorded against the motion as the bridge replacement was already budgeted for and she believes it should be done straight away.

DELEGATIONS continued

9.3 Single-Use Plastic Shopping Bags

i) Ms Melina Murphy addressed Council making the following points:

· already being discussed in the community

· some people threatened by banning of the plastic bag

· mentioned Boomerang Bags, produce recyclable bags

· 2/3 fish stock suffer from plastic bag ingestion

· Pollution of our oceans

· Most States already have banned the plastic bags

· NSW is behind most of Australia

ITEM 9.3 SF617 090217 Single-Use Plastic Shopping Bags

Motion: (Jenvey/Smyth)

1 Council make representations to the Mid North Coast Regional Organisation of Councils (MIDROC) and/or the proposed North Coast Joint Organisation to lobby retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.

2 Council make representations to the Minister for the Environment and the Member for Oxley in relation to supporting legislation to discourage single use plastic shopping bags by for example only making them available for a minimum 10 cent payment.

3 That Council support the Boomerang Bags community initiative, and Council lobby the Chambers of Commerce and local shops to encourage use of these bags.

Amendment: (Ainsworth/Reed)

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

35/17 Resolved: (Ainsworth/Reed)

DELEGATIONS continued

i) Ms Angie Evans, President Scotts Head Community Group— requesting deferral of item 9.13

36/17 Resolved:(Jones/Ainsworth)

That Council hear from the Scotts Head Events Committee or Wildlife Rescue on the impact of delaying a decision on DA2016/236.

ITEM 9.13 DA2016/236 090217 DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street Scotts Head

37/17 RESOLVED: (Smyth/Jenvey)

That this Item be deferred to the Council meeting on 16 March 2017.

For the Motion: Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth, Reed (Total 8)

Against the Motion: Councillor Jones (Total 1)

DELEGATIONS continued

ITEM 9.12 PRF79 090217 Use of Adin Street Reserve (Village Green) Scotts Head for markets

38/17 Resolved: (Ainsworth/Reed)

That on the basis that Item 9.13 was deferred, this item (9.12) be deferred to Council’s meeting on 16 March 2017.

DELEGATIONS continued

9.15 Environmental Management Audit of Valla Quarry

Cr Hoban and Cr Jenvey left the meeting for this Item at 6.29 pm.

Deputy Mayor Cr Ainsworth took the Chair for Item 9.15.

i) Mr Peter Sobey addressed Council making the following points:

· No quarry 30 years ago where the current quarry is now

· 1996 land was leased and a proposal to build quarry

· Provided details of history of conditions

· Noise levels are unacceptable

· Complaints are usually fobbed off

· Continuing problems associated with this quarry

· Consent conditions still not met in relation to noise

· Hopes Council can learn some lessons from the brief history provided.

ITEM 9.15 DA2001/096 090217 Environmental Management Audit of Valla Quarry

39/17 RESOLVED: (Finlayson/Wilson)

1 That Council seek confirmation from Quarry Solutions, the operators of the Valla Quarry, that they have implemented the recommendations of the annual environmental audit prepared by Groundwork Plus and dated November 2016 and if those recommendations have not been implemented that this be reported to the next Council meeting.

2 That Council seek confirmation from Quarry Solutions of their agreement with the assessment that 400,365m³ in situ of the available 950,000m³ in situ resource has been extracted under the consent for DA2001/096 as at 1 October 2016.

Note: Cr Ballangarry requested his vote be recorded against this resolution.

Cr Hoban and Cr Jenvey returned to the meeting after the conclusion of this Item, at 6.47 pm.

Cr Hoban resumed the Chair at this time.

DELEGATIONS continued

40/17 Resolved: (Wilson/Ballangarry)

That Item 9.9 be brought forward as Ms Searle and her mother, Mrs Coombes who are in the gallery would like address Council on the matter of the proposed new hospital for Macksville.

Cr Reed left the meeting for this Item at 7.20 pm and returned after the conclusion of the Item at 7.40 pm.

Ms Searle addressed Council making the following points:

· Speaking for her mother Mrs Diane Coombes

· Letitia Close – first property in Close and highly impacted by highway upgrade

· Impacts of having proposed hospital in that vicinity

· Impacts with traffic congestion and on and off ramps in one direction each

· Emergency services can go across the median strip

· Local residents and visitors to the proposed hospital

· Water will bank up in times of flood

· Mosquitos a health risk (Ross River Fever)

· There are other parcels of land which would be more suitable eg Bald Hill

· Completely for the development of a new hospital

· Suggested the site where currently Pacifico has its work sites on Albert Drive would be more suitable

ITEM 9.9 SF988 090217 Macksville Hospital Redevelopment

41/17 RESOLVED: (Finlayson/Ainsworth)

1 The information concerning the cost/benefit and financial considerations which need to be resolved if a new Macksville Hospital is to be constructed on a greenfield site be noted.

2 That Council make representations to Roads and Maritime Services (RMS) seeking the dedication of approximately 15 hectares of land being the site of the Pacifico pre-cast yard off Old Coast Road for the purpose of establishing the Macksville hospital on the land.

3 Health Infrastructure be advised that subject to a detailed assessment indicating that the extension of water and sewerage services to the RMS site will not require major augmentation works, that Council will provide capital assistance to a new hospital through the provision of reticulated water and sewerage to the site. Further, that Council will waive application fees and any applicable water and sewerage headworks charges.

4 In conjunction with Health Infrastructure, Council seek discussions with the RMS Pacific Highway Team in relation to access to the site and particularly the configuration of the roundabout at the western end of Letitia Close.

5 That Council suggest to the Mid North Coast Local Health District (MNCLHD) and Health Infrastructure the option of seeking expressions of interest for a 7 day per week GP Super Clinic to be co-located on the site of a new hospital as a means of improving its cost/benefit.

6 An enquiry be made with the Mid North Coast Local Area (Police) Command as to their interest in establishing a centralised Nambucca Valley Police Command Station on the RMS site at North Macksville.

7 An enquiry be made with local emergency services (SES, RFS and Fire Brigade) as to their interest in establishing on the RMS site or alternatively the existing hospital site (in the event of the hospital relocating).

8 That there be a further report to Council on the outcome of these consultations and representations as well as the progress with the financing and cost/benefit considerations of a new hospital on the RMS land at North Macksville.

9 Irrespective of the outcome of items 1 to 8 above, that approaches be made to the Minister for Roads and the Local Member that the Mayor and General Manager be appointed to the group responsible for the planning of the new hospital.

The meeting adjoined at 7.56 pm.

The meeting resumed at 8.33 pm.

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due notice has been received.

General Manager Report

ITEM 9.1 SF959 090217 Outstanding Actions and Reports

42/17 RESOLVED: (Reed/Jenvey)

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

Item 9.2 was dealt with under Delegations.

Item 9.3 was dealt with under Delegations.

ITEM 9.4 SF2173 090217 2016 December - Development and Complying Development Applications Received

43/17 RESOLVED: (Ainsworth/Reed)

That the Development Applications and Complying Development Applications received in December 2016 be received for information.

ITEM 9.5 SF2173 090217 2016 December - Approved Construction and Complying Development Certificates

44/17 RESOLVED: (Ainsworth/Ballangarry)

That the Construction and Complying Development Certificates approved for December 2016 be noted and received for information by Council.

ITEM 9.6 SF1148 090217 Council Ranger's Report December 2016

45/17 RESOLVED: (Reed/Wilson)

That Council’s Ranger’s report for December 2016 be received and noted by Council.

ITEM 9.7 SF2143 090217 Asbestos Policy

46/17 RESOLVED: (Finlayson/Ainsworth)

That the Asbestos Policy, based on the Model Asbestos Policy for NSW Councils, be adopted.

ITEM 9.8 SF1320 090217 Provision of Insurance Brokerage Services

47/17 RESOLVED: (Ainsworth/Wilson)

That Council proceed with a tender for the provision of Insurance Brokerage Services and if required engage an appropriate expert to assist with the assessment of the tenders.

Item 9.9 was dealt with under Delegations.

ITEM 9.10 SF2079 090217 Refund of Deposits to 2016 Local Government Election Candidates

Motion: (Reed/Smyth)

That Council refund forfeit nominations deposits to unsuccessful Candidates.

The motion was LOST

ITEM 9.11 SF1415 090217 Audit Risk and Improvement Committee - Minutes of Meeting 18 January 2017

48/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council note the Minutes of the Audit Risk and Improvement Committee.

2 That Council endorse Strategic Internal Audit Plan for 1 July 2016 to 30 June 2019.

Item 9.12 was dealt with under Delegations.

Item 9.13 was dealt with under Delegations.

ITEM 9.14 SF630 090217 2016 Shire Wide Revaluation and Proposed Rating Structure for 2017/2018

49/17 RESOLVED: (Ainsworth/Finlayson)

That Council note the information concerning the 2016 Shire wide revaluation and the proposed rating structure for 2017/2018.

Item 9.15 was dealt with under Delegations.

ITEM 9.16 SF617 090217 Use of Council Owned Land at Valla to Store Caravans for the Lifetime Connect, "Young People in Caravans Project"

50/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council enter into the Memorandum of Understanding prepared by Lifetime Connect Incorporated for the storage of caravans on Council’s land at Valla.

2 That Council’s seal be attached to the Memorandum of Understanding if required.

ITEM 9.17 SF2317 090217 Rally Australia - Community Liaison Committee

51/17 RESOLVED: (Hoban/Smyth)

That Cr Finlayson and Cr Ainsworth represent Council on the Rally Australia Community Liaison Committee.

ITEM 9.18 SF2293 090217 Development Applications greater than 12 months or where submissions received - 8 December to 3 January 2017

52/17 RESOLVED: (Finlayson/Reed)

That the information be noted by Council.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF336 090217 Taylors Arm Hall Committee of Management - Annual General Meeting 15 December 2016

53/17 RESOLVED: (Jones/Ainsworth)

That Council endorse the minutes of the Annual General Meeting held on 15 December 2016 for the Committee of Management for the Taylors Arm Hall and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.2 SF337 090217 Taylors Arm Reserve Committee of Management - Annual General Meeting 15 December 2016

54/17 RESOLVED: (Reed/Finlayson)

That Council endorse the minutes of the Annual General Meeting held on 15 December 2016 for the Committee of Management for the Taylors Arm Reserve and thank the outgoing Committee for their work in the past twelve months.

55/17 Resolved: (Hoban/Reed)

That given the common membership of the Taylors Arm Hall Committee and the Taylors Arm Reserve Committee Council write to both committees seeking their views on amalgamation for the purpose of reducing the burden on volunteers of attending two separate meetings, keeping two sets of documents and to provide financial flexibility in the maintenance and management of two community facilities.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF2319 090217 Funding for Natural Disaster Flood Event - June 2016

56/17 RESOLVED: (Ainsworth/Ballangarry)

1 That Council formally advise the Roads and Maritime Services that it accepts the Natural Disaster funding (RMS Ref 17033AR:SF2016/156439) for the amount of $1,072,354.00 for restoration to local roads following the June 2016 flood event.

2 That Council allocate an amount of $29,000.00 from working funds for the Council contribution in accordance with the conditions of funding for ‘Natural Disaster Arrangements and this be reported through the December financial QBR.

ITEM 11.2 SF1031 090217 Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council

Motion: (Smyth/Jenvey)

1 That Council place the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref: 13154/2013) on public exhibition for the required period of 28 days.

2 That Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land managed by Council.

Amendment: (Jenvey/Smyth)

3 That Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils.

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

57/17 Resolved: (Jenvey/Smyth)

3 That Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils.

ITEM 11.3 SF1031 090217 Review of Guidelines: Trees on Public Land

58/17 RESOLVED: (Reed/Wilson)

That Council endorse the amendments to the Guidelines: Trees on Public Lands and place the amended Guidelines on Council’s website.

ITEM 11.4 SF818 090217 Bowra Dam - Request for Variation to Licence Conditions for Environmental Release.

Motion: (Finlayson/Ainsworth)

That Council note the response from Department of Primary Industry – Water which does not approve the proposal to amend the Bowra Dam operational licence to allow for the capture of a percentage of runoff during high rainfall events.

Amendment: (Hoban/Smyth)

1 That Council staff discuss the determination by the Department of Primary Industry – Water with Council’s consultants GHD with a view to either requesting a review of the determination or the submission a new proposal to amend License 30SL067140.

2 That consideration of a new proposal to amend License 30SL067140 include for rainfall events of over 50mm, to release a volume of water equivalent to a 50mm event and retain runoff in excess of this.

3 There be a further report to Council on the preferred course of action.

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

59/17 Resolved: (Hoban/Smyth)

3 There be a further report to Council on the preferred course of action.

ITEM 11.5 SF453 090217 Waste Management - Quarterly report October - December 2016

60/17 RESOLVED: (Reed/Wilson)

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 October – 31 December 2016.

ITEM 11.6 SF679 090217 Waste Management Facility Construction Works

61/17 RESOLVED: (Reed/Ainsworth)

Re/ai

1 Council reallocate the $100,000.00 for the stage 2 land acquisition within the 2016/17 budget towards the construction works at the Nambucca Waste Management Facility.

2 Council allocate an additional $232,400.00 from the waste management reserves to cover the remaining costs of construction works at the Nambucca Waste Management Facility.

ITEM 11.7 SF452 090217 Waste Management - Processing and Reuse of Construction and Demolition Waste

62/17 RESOLVED: (Ainsworth/Reed)

That Council receives and notes the information provided on the waste management processing and reuse of construction and demolition waste.

ITEM 11.8 SF1696 090217 Tender T381617NAM for the Supply and Delivery of Electricity to Small Mass Market Sites

63/17 RESOLVED: (Ainsworth/Ballangarry)

1 That Council award the Tender T081617NAM to supply retail energy to Council’s small non-contestable sites for a period of 24 months to Origin Energy commencing on 28 January 2017.

2 That Council endorse the tender evaluation as provided in the confidential report to supply retail energy to Council’s small non-contestable sits for a period of 24 months.

3 That Council update the Contract Register (TRIM: 31325/2016).

For the Motion: Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth, Reed and Jones (Total 9)

Against the Motion: Nil

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

64/17 RESOLVED: (Jones/Jenvey)

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

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

Reason reports are in Closed Meeting:

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1696 090217 Confidential Report - Tender T381617NAM for the Supply and Delivery of Electricity to Small Mass Market Sites

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

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF2094 090217 Proposed Auction of Council Owned Englobo Residential Land - Lot 22 DP 1036142, Treleaven Street, Hyland Park

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.10 pm.

RESUME IN OPEN MEETING

65/17 RESOLVED: (Ainsworth/Jenvey)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.30 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1696 090217 Confidential Report - Tender T381617NAM for the Supply and Delivery of Electricity to Small Mass Market Sites

66/17 RESOLVED: (Ainsworth/Wilson)

That Council note the Evaluation Report for Tender T381617NAM for the Supply and Delivery of Electricity to Small Mass Market Sites.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF2094 090217 Proposed Auction of Council Owned Englobo Residential Land - Lot 22 DP 1036142, Treleaven Street, Hyland Park

Motion: (Finlayson/Reed)

1 That Council endorse the proposed sale by public auction of Lot 22 DP 1036142 with the reserve price to be as noted in the report and with the Mayor, General Manager and Manager Business Development being provided with delegated authority to sell the land on behalf of Council where all are in agreement with the price and any conditions of purchase.

2 In the event that the land is sold that Council be provided with a report on the sale and the proposed application of the proceeds.

3 That Council’s seal be applied to any contract of sale as may be required.

Amendment: (Ainsworth/Reed)

That Council defer the sale of the land and investigate the cost of undertaking the development itself.

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

67/17 Resolved: (Ainsworth/Reed)

That Council defer the sale of the land and investigate the cost of undertaking the development itself.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 10.31 pm.

Confirmed and signed by the Mayor on 16 March 2017.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 23 February 2017

General Manager

ITEM 9.1 SF959 230217 Outstanding Actions and Reports

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

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

Recommendation:

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

FILE

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

STATUS

MARCH 2011

DA2010/234

17/3/11

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

The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee.

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

Council staff and OEH are reviewing the draft. The draft requires further work before it can be circulated to the Estuary Committee and Councillors.

Draft now being circulated to Estuary Committee and Councillors.

Draft being uploaded to Council’s website.

Estuary Committee will be considering the study and plan at their meeting on 18 November 2016.

The study and plan are on public exhibition until 3 February 2017. There will be drop in sessions in River Street, Macksville from 9.30am to 12pm on 14 December and also at the Nambucca Entertainment Centre between 1pm and 3.30pm on 14 December.

The study and plan will come off exhibition on 3 February 2017. It is anticipated that they will be reported to a March Council meeting.

JULY 2011

SF1031

21/7/11

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

The project is awaiting the completion of the floodplain risk management matrix.

DECEMBER 2013

SF1842

11/12/13

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

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

Report produced.

Media release issued before 13 November Council meeting.

Second media release issued 20 May 2015.

Third media release issued 30 November 2015.

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.

MARCH 2015

SF841

12/03/15

Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.

Letter written w/e 20/3/2015.

As at June 2015 arrangements are being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council. Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets.

Mayor and GM met with the Member for Oxley on 18 September 2015. Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council.

The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum.

Council is expecting receiving a written offer from the RMS in relation to the handover.

Council received a briefing from the consultants reviewing the RMS assets to be handed over to Council on 30 June 2016 and a compensation package will not be developed until the transfer of traffic onto the new highway as the pavement can’t be assessed until the traffic is transferred off the old highway.

A report on the status of the Bridges is anticipated in August

Mayor, GM and AGMES met with Member for Oxley on 16 August 2016. Agreed that Council consult with other affected councils and submit a paper on the financial implications for the councils and options for a revised policy on Highway handovers. In particular the Member for Oxley was interested in the proposition of IPART being asked to assess the appropriate handover package.

GM’s of Bellingen and Nambucca Shire Councils have now issued a joint letter to both the Member for Oxley and the RMS.

Representatives of Bellingen and Nambucca Councils have met with the CEO of the RMS to discuss the issue. Amongst other matters, the RMS is to investigate a whole of government response to the impact on councils Fit for the Future performance ratio that these asset handovers will generate.

Further meeting with the CEO of the RMS scheduled for 27 February 2017. Will also be making representations to the new Minister for Roads.

AUGUST 2015

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

OCTOBER 2015

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

Report late 2017

APRIL 2016

SF1540

14/4/16

That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.

AGMES

Letter sent

Response from RMS is forthcoming. Councils Manager Technical Services was verbally advised by the RMS that the section does not warrant a reduction in the speed limit to 40km/h and that RMS will be proposing traffic management solutions which are eligible for a 50:50 grant.

Still no response to date, MTS to send another letter

JULY 2016

~~LF968~~

~~14/7/16~~

Council note the inspection of drainage issues at Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.

~~AGMES~~

~~Letter sent to residents thanking them for the meeting and providing them with the three design options and their cost.~~

13 Feb February -Council provided estimates with a six month quotation period which lapsed 6 February, Correspondence has been sent to the residents advising that the quotation has lapsed and the matter now closed

AUGUST 2016

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

AGMCS

To be discussed with Auditors.

~~SF1541~~

~~29/9/16~~

~~Council staff report the intended exempt development controls to be implemented into Schedule 2 of the NLEP 2010 to Council for R5 zoned land only.~~

~~Report in October 2016.~~

~~Deferred to November 2016.~~

~~Discussed with Manager Development & Environment and due workload proposed to report early in the new year.~~

~~Will be reported to Council in late February or early March.~~

OCTOBER 2016

SF2251

13/10/16

That the Visitor Information Centre Leasing be deferred to a Council meeting in March 2017

Report in March 2017

~~SF842~~

~~13/10/16~~

~~MBD provide Council with an information session on approaches to economic development prior to the establishment of a Business Advisory Committee.~~

Briefing provided on 24 November 2016. The Council has resolved to have a tour of the Shire’s industrial estates. There will be a report to a meeting in February 2017 to finalise the composition of a Business Advisory Committee.

~~SF2230~~

~~13/10/16~~

~~There be a report to Council on options for Council’s investments.~~

~~AGMCS~~

~~February 2017~~

~~SF873~~

~~27/10/16~~

~~Council consider the option of avoiding all investment products offer by the Commonwealth Bank unless it reverses its decision to close the Macksville Branch.~~

~~AGMCS~~

~~Report in February 2017 in association with the previous report.~~

~~SF2183~~

~~27/10/16~~

Staff report on the library service status and progress as a stand-alone service, including existing infrastructure & future infrastructure needs. Ideas be sought on the formulation of a Library Strategic Plan. Views of appropriate staff be sought on formation of a Library Committee.

~~Report January 2017. Have followed up with staff and a report will be forthcoming in February 2017.~~

~~27/1016~~

~~GM provide options to Council regarding parameters for public forums.~~

~~Report December 2016. Delayed due to other priorities. Will report in February 2017.~~

NOVEMBER 2016

RF275

10/11/16

Member for Oxley be requested to advise what funding assistance the State can provide to the proposed Bowralea dairy underpass on Bellingen Road.

Letter written w/e 18/11/2016

~~PRF14~~

~~10/11/16~~

~~A decision on the future of Brook Park be deferred until the end of January 2017 and in the interim the use of the park be monitored.~~

~~Report February 2017.~~

DECEMBER 2016

~~Various~~

~~15/12/16~~

~~Public forums at Utungun~~

~~Nicole Murphy~~

~~Speed limits~~

~~Maras Creek Rd intersection~~

~~Culvert in front of hall~~

~~Elaine South~~

~~Dust and condition of Congarinni Road South~~

~~Elaine Ward~~

~~Condition of Wards Lane, overhanging trees, intersection with Taylors Arm Road et al~~

~~Marlene Hillard~~

~~Roots from rubber trees opposite 40 Bellevue Drive~~

~~Marcel De Koning~~

~~Cost of beach permits~~

~~Ange Myer~~

~~Speed limit on Northbank Rd~~

~~Paul Schadel~~

~~Maras Creek Rd intersection~~

~~Michael Griffiths~~

~~Damage caused by World Rally~~

~~Garry Lee~~

~~Condition of Maras Creek Road, intersection, overhanging vegetation.~~

~~Report outcome to February 2017.~~

~~13 Feb February –~~

~~1) RMS determine the speed limits and this has been referred to the Traffic committee for consideration~~

~~2) No action to be taken other than monitor, the road is gravel pavement and it is not proposed to place any bitumen in the current or future program~~

~~3) Funding in the 16/17 budget has been expended on vegetation maintenance has been investigated and included in the 17/18 vegetation maintenance program~~

~~4) This tree was Investigated by Green Space Coordinator in November 2016 and Mrs Hillard was advised in writing that no action would be taken as the tree is in a suitable healthy state~~

~~5) No action to be taken, fees set in conjunction with PMHC and KSC as part of the tri-party arrangement~~

~~6) RMS determine the speed limits and this has been referred to the Traffic Committee for consideration~~

~~7) Noted – claim for damages to the road has been presented to Rally Australia, and a submission on the outcome with the complaints from residents~~

~~8) Funding in the 16/17 budget has been expended on vegetation maintenance has been investigated and included in the 17/18 vegetation maintenance program~~

~~Residents to be advised.~~

SF1540

15/12/16

Council enquire with the RMS as to what action is being taken in relation to noise complaints from Valla and Valla Beach residents and secondly whether or not the RMS is reviewing proposed noise mitigation on the WC2NH section of highway.

Letter sent to RMS on 20/12/2016

LF1547

15/12/16

That Council receive a brief report as to whether there has been any investigation as to the potential for the land (Gumma Swamp) being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering the (dedication) proposal.

Awaiting response from the Nature Conservation Council. Report to Council in February or March 2017.

SF2172

15/12/16

That Council’s engineering staff investigate appropriate locations for dump points for RV’s at Macksville, Nambucca Heads and Bowraville and provide a report back to the Access Committee.

AGMES

Report back to Access Committee in February 2017.

SF842

15/12/16

Council invite Bellingen Shire Council to be part of this (Clean Energy) Committee in order to take advantage of potential resource sharing on future projects, and further if the response is positive, Council forward a copy of the draft terms of reference for consideration.

Letter sent to Bellingen Shire Council w/e 6/1/2017

SF2195

15/12/16

That a report be submitted to a future Council advising of the outcome of negotiations in relation to the damages claim of $156,242 for the World Rally event.

AGMES

Report by March 2017.

Invoice and supporting documentation was sent to Rally Australia prior to 23 December 2016.

13 Feb February – Rally Australia disputing the claim and a meeting has been organised for March

JANUARY 2017

PRF19

12/01/17

Response from Illawong Village re trusteeship of Crown land at McMorrine Park.

Letter sent 18 January 2017.

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

Report May 2017

SF1134

12/01/17

There be a further report to Council when there has been some substantive progress in the matter (council land behind NEOC) or in 6 months’ time, whichever occurs first.

Report July 2017

SF1635

12/01/17

Following referral to the Consultative Committee recommendations to make offers of voluntary redundancy be reported to Council as a variation to the organisation structure.

Report in March 2017

SF2080

12/01/17

A new report be submitted to a future Council meeting, once a final figure for the maintenance diary (highway handover) has been determined.

AGMES

Dependent on RMS. Report by July 2017.

FEBRUARY 2017

SF617

9/02/17

Council make representations to MIDROC and JO re lobbying retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags. Council also make similar representations to the Min. for Environment and Member for Oxley.

Letters sent 14/02/2017

DA 2016/236

9/02/17

That the DA for markets on the Town Green (Adin St), Scotts Head be deferred to 16/3/17

Report to Council on 16/3/2017

DA 2001/096

9/02/17

Council seek confirmation from the quarry re implementation of annual audit report recommendations & to be reported to the next Council meeting.

Letter sent to quarry consultant on 13/2/17

SF988

9/02/17

Representations re a new Macksville Hospital on a green fields site.

Letters sent to RMS, Health Infrastructure, and Police on 13/02/2017

SF1031

9/02/17

Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens etc.

AGMES

13 Feb February -Report to be provided to Council April

SF1031

9/02/17

Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils.

AGMES

13 Feb February -Report to be provided to Council April

SF818

9/02/17

Council staff discuss determination by DPI – Water re Bowra Dam licence variation with a view to either requesting a review of the determination or a submission of a new proposal to amend the licence etc. There be a further report to Council on the preferred course of action.

AGMES

13 Feb February - Report to be provided to Council May

SF2094

9/02/17

Council defer the sale of its land at Hyland Park and investigate the cost of undertaking the development itself.

Amos & McDonald to be engaged to review development consent (subdivision plan) and following that to prepare a project budget for consideration by Council.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.3 PRF33 230217 Proposed Evelyn Greenup Memorial - James Park

AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Najjia Hadzic, Senior Community Development Officer

Summary:

The report is brief. A summary is not required.

Recommendation:

1 That Council request the Department of Aboriginal Affairs to provide the required additional $15,000 in funding for the proposed Evelyn Greenup memorial.

2 Following the finalisation of the funding for the project, that Council seek feedback from adjoining and adjacent property owners in relation to the proposed concept plan.

3 That the matter be further reported to Council once the required additional funding has been secured and following consultation with adjoining property owners but before any further work is undertaken.

OPTIONS:

There are other options including that Council immediately proceed with the project and fund the estimated $15,000 shortfall. Secondly that Council provide some financial contribution to the project and request the Department of Aboriginal Affairs to fund the balance. Council also has the option of not proceeding with the project, or proceeding with the project in another location.

DISCUSSION:

James Park is situated in Carbin Street Bowraville. The land was donated to Council by Mr Tom James for use as a park over 40 years ago.

Over the years the number of people using the space has fluctuated; a range of structures including cricket nets, basketball court and BBQ facilities have been erected but as the use of the park has waned, ageing infrastructure has progressively been removed. The use of the park has significantly diminished over the past 10 years. The toilet block that was damaged and considered a health and safety risk was removed 4 years ago, and the damaged collapsed concrete slab was only recently removed, leaving two small picnic shelters. Whilst Council outdoor staff mow the site, it is essentially an unused and uninspiring site.

Over time there have been a few ideas for James Park but the lack of funds has prohibited progress. In the meantime increasing use of the Hennessey Tape oval has generated community interest in creating an active recreational hub for both locals and visitors there. Hence the Bowraville Connections project which includes a children’s playground, family BBQ area, BMX track and basketball court; essentially an intergenerational active space that is well connected to town through shared paths. This leaves James Park as complimentary passive green space on the edge of town.

Council has been approached by the Department of Aboriginal Affairs to support and assist with the establishment of a memorial for Evelyn Greenup at James Park. At this point the Department of Aboriginal Affairs (DAA) has contributed $15,000 towards the memorial and has requested support from Council to assist with the installation. The letter of request from the Department of Aboriginal Affairs is attached.

By way of background, in 2014 the Parliamentary Inquiry into the Bowraville murders handed down 15 recommendations, which included Recommendation 15 – That the NSW Government provide funding to beautify and maintain the memorial dedicated to Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux in Bowraville.

Whilst a memorial has been established for the three children, Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux, on Gumbaynggirr Road, individual memorials have also been established for Colleen Walker-Craig at Sawtell, and Clinton Speedy-Duroux at Tenterfield. Both Coffs Harbour City and Tenterfield Shire Councils contributed to the establishment of these individual memorials.

The Greenup-Stadhams family have requested an individual memorial dedicated to Evelyn Greenup and have nominated James Park as the preferred site.

Given the condition of James Park and the request from DAA, a concept plan for the upgrade with the inclusion of a memorial has been developed. The concept plan is attached.

Essentially the park will be upgraded and revitalised with tree planting on the periphery, an improved green area, and the inclusion of a memorial and remembrance space.

The design of the memorial and surrounding garden area will be bright and playful to reflect that Evelyn Greenup was 4 years old at the time of the tragedy. Discussions with DAA and family members have been positive to date; the family will provide art work for the remembrance space and are also keen for children from Bowraville Community Preschool, St. Mary’s Primary School and Bowraville Central School to contribute to the art work.

Council staff have had telephone contact with Peter and Terry James, sons of Mr Tom James, about the park upgrade and proposed inclusion of a memorial. The James family no longer live next door to the park, however they have been assured that there will be no name change to the park, and that it will remain a green space public area.

A Crime Prevention Through Environmental Design approach underpins the upgrade to the park, which means building natural surveillance, natural access control, a sense of community ownership, and activity and space management into the design and use. The aim is to foster an appreciation and value of the park.

A costing for the upgrade and memorial project plan has been developed. The cost estimate for the work shown in the concept plan is $35,000. This includes work already done in the removal of the redundant concrete slab ($5,000) which was a safety issue and which needed to be removed regardless of the proposed memorial.

The upgrade of the park will make it functional with a low maintenance regime through heavy mulching, and the planting of native and fruit trees. The remembrance area will be self-sustained and will reach to the open green space. Overall the upgrade will beautify the site and create an inclusive public area that is owned and respected by the community.

CONSULTATION:

There has been consultation with the General Manager, Manager Community Development, Assistant General Manager Engineering, Manager Infrastructure, Technical Officer Assets, Green Space Coordinator, Department of Aboriginal Affairs and the Greenup and Stadham’s family.

There have been representations made to the General Manager from a resident who adjoins the park unhappy that the project has progressed without any consultation with nearby residents. The resident sought an assurance that the project would not proceed until residents had been consulted. This request is addressed in the recommendation.

SUSTAINABILITY ASSESSMENT:

Environment

The site will be more environmentally friendly and safer with the removal of the old fragmented concrete slab. The upgrade will beautify the space and allow for a low maintenance regime.

Social

The upgrade of the park will improve the current site, will enhance options for healthy living through improved green space, and add value to the area.

The upgrade of the park with the inclusion of a memorial for Evelyn Greenup will have positive social implications by way of offering a space of reflection for the family and the wider community affected by the murders. It is an opportunity to recognise and acknowledge the loss of a child in such tragic circumstances and the sustained campaign for justice. By making the remembrance space vibrant and through seeking involvement of local children in development of the art work it will highlight the importance of our children, and their place in our community.

Economic

There are no significant economic implications.

Risk

Initial concerns that the funding offered by the DAA for the memorial would fall well short of the cost of the work have been realised. Some might regard the recommendation to seek funding from the DAA as “mean spirited”, or worse that Council does not support the justice and reconciliation process which arose out of the Parliamentary Inquiry. This is certainly not the case. The Council has taken up the request forwarded by the Department of Aboriginal Affairs on 9 June 2016 in good faith and has undertaken significant work to bring that request to fruition.

The recommendations of the Parliamentary Inquiry is the response of the NSW Government to the justice and reconciliation process and no where is it recommended that Nambucca Shire Council, representing the 9^th most disadvantaged community in NSW, effectively part fund the implementation of Recommendation 15.

In fact Recommendation 15 provides as follows:

“That the NSW Government provide funding to beautify and maintain the Memorial dedicated to Colleen Walker/Craig, Clinton Speedy/Duroux and Evelyn Greenup.”

The other consideration is that Council receives many requests to approve or construct memorials for people who lose their lives in tragic circumstances and notwithstanding the national profile of the Bowraville murders the Council is put in a potentially difficult situation if it were to agree to fund one memorial for $24,000 but make no financial contribution to other requests.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The concept designs prepared by Red Belly Landscape Architects cost $1,200. This cost was met by an existing budget line item. The $5,000 cost in relation to the removal of the concrete slab has also been met by Council.

There is nothing in the letter from the Department of Aboriginal Affairs to suggest they expected the Council to make more than an “in-kind” donation.

Council will also have to accept a significantly higher maintenance cost for James Park to maintain the memorial and improvements into the future. There will be increased costs in maintaining the gardens, the paths and the sculptures. These will all be subject to the risk of vandalism and theft which is a likely additional on-going cost regardless of Council’s best endeavours to try and design out such risks.

Source of fund and any variance to working funds

At this stage there is no impact on working funds. The balance of the funds being sought from the Department of Aboriginal Affairs is calculated as follows:

Project Cost	$35,000
Less grant	$15,000
Balance	$20,000
Less removal of slab by Council	$5,000
Additional funding requirement	$15,000

Note – the concept plan is not included in the project cost estimate

Service level changes and resourcing/staff implications

Significant in-kind resources have been devoted to the project to date, including the expenditure of $1,200 on the preparation of the concept design and $5,000 on the removal of the redundant concrete slab.

Attachments:

1	4414/2017 - Aborginal Affairs - James Park Memorial
2	4398/2017 - James Park Concepts 25 11 16

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.4 SF842 230217 Establishment of a Business Advisory Committee

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

Summary:

A summary is not required.

Recommendation:

1 That the Business Advisory Committee be comprised of 3 members from the public and 2 Councillors, one of whom is to act as Chair.

2 That Council advertise for expressions of interest from the public in participating on the Business Advisory Committee.

3 That the Business Advisory Committee meet quarterly or as required for a particular project.

OPTIONS:

The Council has complete discretion in relation to the creation of advisory committees, their composition and function.

The arguments in favour of establishing a Business Advisory Committee are:

1. It can provide Council with different and experienced insights for attracting business than provided by Council staff alone.

2. It can provide a more considered approach to the development of strategies to attract new business investment.

3. It can provide a more strategic and non-parochial view of economic development.

4. It should not be captured by “nimby” type reactions to new investment opportunities

Equally if the Business Advisory Committee does not succeed in operating in this way, then it will not be adding any value to the resources and processes which the Council already has in place.

DISCUSSION:

At Council’s meeting on 13 October 2016 it was resolved as follows:

3 That the Manager Business Development provide Council with an information session on the past, present and future approaches to economic development prior to the establishment of a Business Advisory Committee with the purpose of facilitating engagement with the Nambucca Shire businesses to work together in preparing the Highway bypass and identifying further opportunities to deliver future economic activity. Terms of reference to be developed and presented to a Council meeting and may include examples such as tourism, Chamber of Commerce, agriculture, horticulture, event organisers and facilities, industrial and manufacturing, retail and service provision, clubs, sporting and lifestyle facilities.

Following this resolution the Manager Business Development provided a briefing on 24 November 2016 but the composition of a Business Advisory Committee has not been finalised.

In the past the Council has had an Economic Development Committee and a Valley Vision Committee. Both committees were serviced by the then Economic Development Officer (EDO). Both of these Committees seemed to dissipate due to the lack of attendance, lack of direction and the need for confidentiality in dealing with some of the investment projects.

Over a two year period the role of the Economic Development Officer emerged out of Mainstreet Coordinator. The first Economic Development Plan was produced in 2000 in response to the closure of the meatworks in Macksville and the domino effect on the local economy with business closures and employees leaving the shire to seek other employment.

Potential Role of a Business Advisory Committee

The first task would to develop a Business Action Plan which clearly identifies the committee role, aims and objectives.

The impending by-pass of Macksville and Nambucca Heads will obviously be a focus for early consideration.

Health, aged care, education, transport and the growth of professional services within the Shire could be considered emerging industries along with the NBN rollout. The Business Advisory Committee could play a valuable role in fostering these emerging industries.

The Business Advisory Committee could provide comment on “big ticket” development applications before Council and significant infrastructure such as the hospital redevelopment.

Composition of Business Advisory Committee

This Committee should be a skill’s based committee.

In regional development 5% of the community are what are referred to as Industry Gazelles, those who have the particular industry experience and the financial backing to make large investment decisions. Usually they are associated with one industry sector and have been very successful in their business and be able to meet the criteria as follows;

· Have a proven business record of success

· Are in business including property development or industrial development

· Have a good understanding of Councils processes and procedures, skills training, industry investment, business growth, risk management, and work, health and safety.

· Are willing to provide their time and commitment to driving the committee and developing future business plans.

· Have a vision and the drive to deliver on the desired aims and objectives of the committee.

· Are associated with a particular industry or industry association.

Committee Structure

The structure proposed is a Council Advisory Committee whereby the minutes and any recommended actions would be reported to Council for adoption.

The appropriate size for the Committee is considered to be in the range of 5 to 7 members. Any more than that effectively limits the input which individuals can have and also increases the logistical costs for organising meetings.

Voting would be under a majority rule from those in attendance. The quorum for the Committee would be a simple majority being three (3) Committee members.

Frequency of meetings

As the role of the Committee will be to provide Council with strategic direction, quarterly meetings would be sufficient. However, if there was a particular project the Committee wished to pursue then more frequent meetings could be arranged.

Reporting

The minutes of the Business Advisory Committee would come to Council for ratification.

The Business Advisory Committee would provide a report to Council on issues and projects that the committee identify are relevant to economic development.

Delegations of Authority

As an Advisory Committee it is not envisaged that delegations of authority will be required.

CONSULTATION:

Councillor Reed has enquired about the progress with establishing the Committee.

The General Manager has discussed the formation of the Committee with Council’s Manager Business Development.

SUSTAINABILITY ASSESSMENT:

Environment

There is no impact on the environment in relation to the establishment of the Committee.

Social

There are no social implications.

Economic

It is hoped that the establishment of a Business Advisory Committee will increase economic development.

Risk

There are no particular risks to the establishment of a Council Committee. The major risk is the opportunity cost of the Council staff time which is required to organise and report on the Committee’s activities.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage 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

As indicated the major risk is the opportunity cost of the Council staff time which is required to organise and report on the Committee’s activities.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 23 February 2017

General Manager

ITEM 9.5 PRF14 230217 Future of Brook Park, Nambucca Heads

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Council has received complaints from many residents concerning anti-social behaviour from a group of juveniles using Brook Park, a small park located in Hibiscus Avenue, Nambucca Heads.

It is proposed that Council write to the 117 residential property owners within 150 metres of the park advising of the complaints that Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park. In the interim it is recommended that Council provide signage in the park prohibiting its use outside daylight hours and prohibiting the lighting of fires.

Recommendation:

1 That Council install additional signage at Brook Park, Nambucca Heads prohibiting its use outside daylight hours and also prohibiting the lighting of fires.

2 That Council write to the 117 property owners within 150 metres of Brook Park, Nambucca Heads advising of the complaints Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park, Nambucca Heads. Where the property owner is not the occupant, they will be asked to inform the occupant of the consultation.

3 There be a further report to Council on the outcome of the consultation with property owners and residents.

OPTIONS:

Council has discretion as to what, if any, action it takes in relation to the complaints about anti-social behaviour at Brook Park. It can do nothing or implement any or all of the options discussed at the on-site meeting on 14 September.

Council can write to property owners within a greater or lesser radius than the 150 metres nominated.

There may be other options available but the options listed in this report are those considered feasible by those in attendance at the on-site meeting.

DISCUSSION:

This report was considered by Council at its meeting on 29 September 2016. It was resolved that the item be deferred in order for Council to undertake a site inspection and that adjacent residents of Brook Park be notified of the site inspection.

A site inspection was undertaken on 10 November 2016.

The Council considered the above recommendation at its meeting on 10 November 2016 and resolved as follows:

1 That a decision on the future of Brook Park, Nambucca Heads be deferred until the end of January 2017 and in the interim the use of the park be monitored.

2 That Council request the Police to increase patrols in the area.

In relation to monitoring the activity at the Park the Council received a further complaint about anti-social behaviour on 30 November 2016. The General Manager attached a file note of the complaint as follows:

“On 30 November 2016, (name removed) telephoned me to advise that the "out of control" juveniles had returned to the Park.

(Name removed) advised me they continually kicked a ball over the fence and then demanded that (name removed) retrieve it and yelled obscenities when they didn't. (Name removed) also advised me that a tree in their front yard had been vandalised.

(Name removed) asked me to take further action in the matter.

I advised (name removed) that the elected Council had deferred consideration of the matter until the end of January 2017. (Name removed) said they were going to make representations to Luke Hartsuyker, MP.”

Council has received complaints from many residents concerning anti-social behaviour from a group of juveniles using Brook Park, a small park located in Hibiscus Avenue, Nambucca Heads. A photo of the park is attached as well as a cadastre/aerial photo of Brook Park together with the next closest neighbourhood park being Richardson Park, about 360 metres by road to the east. The park has an area of 1,340m² and has a drainage easement 3m wide incorporating a low flow pipe running through middle of its frontage to Hibiscus Avenue.

In response to resident complaints, on 14 September the General Manager met on-site with six concerned residents from nearby houses and Senior Constable Steve Cherry who is the Crime Prevention Officer for the Mid North Coast Command. Another resident expressed similar concerns in a separate meeting with the General Manager. The matters of concern to the residents are the activities of a group of juveniles aged between approximately 8 years and 15 years who they allege frequently occupy the park to all hours of the night and who often display anti-social/unlawful behaviour comprising:

· Loud offensive language

· Minor vandalism of street lights, park furniture, trees and surrounding fences

· Lighting of fires, including aerosol cans

· Trespassing on private property to collect balls and take short cuts

· Intimidation of other children who may wish to use the park

· Some drug dealing

The residents also expressed concern about retaliatory action taken by the juveniles when they have been counselled including offensive language, threats and minor vandalism. One example cited was the power supply to an adjoining residence being switched off at the main power board resulting in the contents of the refrigerator being spoiled.

Council’s records indicate this is not the first time that there have been issues with the use of the Park. In response to similar complaints, Senior Constable Cherry undertook a security assessment of the Park in 2013 and made some recommendations in relation to the protection of the surrounding private property.

At the on-site meeting on 14 September a range of initiatives to combat the anti-social behaviour were discussed including:

· Additional signage to prohibit the use of the park outside daylight hours and to prohibit the lighting of fires.

· Lighting. Constable Cherry advised that his preferred alternatives for lighting were to either maintain the status quo where there is no lighting or alternatively to have exceedingly bright lighting which would be uncomfortable to park users. However this would mean significant light spillage onto adjoining properties and it would affect the amenity of those residents.

· Contacting the Police when anti-social behaviour was occurring. However it was acknowledged that depending upon the location of the police at the time and other priorities they may not be able to respond whilst the problem is occurring. It was also acknowledged that pursuant to the Young Offenders Act 1997 that the Police can only issue cautions and that generally these only escalate to a conference after an individual receives multiple cautions. Even if a matter concerning a juvenile with a lengthy record of cautions for minor vandalism proceeds to Court there is reasonable likelihood the Court would order a further conciliation conference. In summary the process does not lend itself to the alleged anti-social behaviour being satisfactorily addressed within a reasonable period.

· Installation of CCTV. This was previously suggested by the residents but given the comments in relation to lighting and Police powers in relation to anti-social behaviour by juveniles, it is unlikely to provide residents with a solution.

The option of changing the classification of the park from community to operational land and its subsequent sale for housing was also discussed as a certain and long term solution to the problem. This option was favoured by those residents in attendance who remarked that the park had very little recreational value and noted its current usage was largely restricted to the juvenile group complained of.

As indicated in the attached photo, the park contains a small swing set, a small slippery dip and a single shelter. The grassed area in the park is too small to kick a ball and avoid the risk of it landing in adjoining private property, this being a source of complaint from the neighbours.

As an isolated “pocket” park it is also relatively expensive for Council to maintain. The very limited playground equipment does not make it an attractive destination for young children and their carers’ which in turn contributes to a loss of passive surveillance/social interaction which in turn results in the anti-social activities by juveniles who are not the target age group for this type of park. It is difficult to foresee these fundamental design flaws in the park ever being remedied by signage or crime prevention initiatives.

Even if more residents express a preference to retain the park than close it and the Council decides to take no further action, the exercise of engaging with the community may improve behaviour by the park users, knowing that the Council will seriously consider its closure if the pattern of complaints continues.

CONSULTATION:

There has been consultation with Senior Constable Steve Cherry, Crime Prevention Officer for the Mid North Coast Command; seven concerned residents being six at the meeting on 14 September and a further resident who approached the General Manager on site on 16 September.

Council’s Green Space Coordinator, Tim Woodward, undertook an audit of all of Council’s parks in 2015 and the following is an extract of his comments on Brook Park together with some photos of the play apparatus.

Brook Park contains one set of swings, a slide and a shelter. All of the equipment in the park is tagged heavily with graffiti and the slide had been damaged by burning (which has since been plastic welded for safety reasons). Overall the equipment is in good condition.

$Description: C:\Users\timw\Pictures\Playgrounds 29092015\P1000762.JPG$

$Description: C:\Users\timw\Pictures\Playgrounds 29092015\P1000765.JPG$

SUSTAINABILITY ASSESSMENT:

Environment

There are no significant implications for the environment.

Social

The apparent problems with behaviour at Brook Park would seem to arise from social issues being inadequate parental/carer control of juveniles (for whatever reason/s).

The location, size and nature of the park are also contributory problems. It is too small to be very effective for recreation and is inadequately equipped to be attractive to its target users being pre-school children and their carers.

Economic

There are no significant economic implications.

Risk

There are no significant risks. The recommendation is for additional signage and for additional consultation.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be a minor cost associated with the additional signage. This is estimated to be $300.

Source of fund and any variance to working funds

The cost of the signage can be met from existing budgets.

Service level changes and resourcing/staff implications

There will be resourcing required in registering and considering feedback from residents and preparing a further report to Council.

Attachments:

1	31956/2016 - Brook Park September 2016
2	31958/2016 - Brook Park & Richardson Park

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.7 SF1541 230217 Rural Land Use Conflicts - Horticulture

AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment

Summary:

At Council’s meeting on 29 September 2016 Council considered a report which highlighted the increased potential for rural land use conflicts as a result of having ‘horticulture’ as permissible without development consent within the RU1, RU2 and R5 zones under the Nambucca Local Environmental Plan 2010 (NLEP). The report provided an option for Council to consider amending the NLEP by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the RU1, RU2 and R5 zones and relocate to ‘permitted with consent’. In addition to this, an option to make ‘horticulture’ exempt development in Schedule 2 of the NLEP subject to specific controls to mitigate potential land use conflicts was also provided.

Council resolved at that meeting for Council staff to report the intended exempt development controls to be implemented into Schedule 2 of the NLEP to Council for R5 zoned land only.

After further consideration, it is recommended that Council amend the NLEP by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 zone and relocate it to ‘permitted with consent’. It is not recommended that Council provide exemptions for ‘horticulture’ within the R5 zone as it would only protect existing land uses and not the future expansion of residential development within the zone. Given the primary intent of the R5 zone is to promote the growth of residential development; it is not considered appropriate to provide exemptions for development such as horticulture which could adversely affect such growth.

It is only considered to be appropriate to provide exemptions for ‘horticulture’ within the RU1 and RU2 zones. Given the increased land use conflicts which arise from permitting horticulture without development consent, this report also provides an option for Council to reconsider its previous resolution and agree to support an amendment to the RU1 & RU2 zones as follows:

· Remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’.

· List ‘horticulture’ as exempt development in Schedule 2 of the NLEP subject to the controls outlined in this report.

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan. Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

Recommendation:

1 Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’.

2 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3 Following the community consultation period, the planning proposal must be reported back to Council for consideration of any submissions received and to determine if Council is to proceed with the proposal.

OPTIONS:

· Make no alterations to the Nambucca Local Environmental Plan 2010 so ‘horticulture’ remains permissible without development consent within the RU1 Primary Production, RU2 Rural Landscape and the R5 Large Lot Residential zones.

· Authorise Council staff to proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the Nambucca Local Environmental Plan 2010 for the R5 Large Lot Residential zone and relocate to ‘permitted with consent’.

· In addition to the above option, make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause to the following effect:

Horticulture

(1) Must be located on land within the R5 Large Lot Residential Zone.

(2) Must be separated from other land uses in accordance with the following:

(a) Dwellings in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b) Dwellings in other residential or business zones – 300m,

(c) Education facilities and Pre-schools – 200m, and

(d) Tourist and Visitor Accommodation – 200m.

(3) All ancillary netting must be coloured black.

· Authorise Council staff to proceed to prepare a planning proposal to seek to remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the Nambucca Local Environmental Plan 2010 for the RU1 Primary Production & RU2 Rural Landscape zones and relocate to ‘permitted with consent.

· In addition to the above option, make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause to the following effect:

Horticulture

(1)Must be located on land within a rural zone.

(2)Must be separated from other land uses in accordance with the following:

(a) Dwellings in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b) Dwellings in other residential or business zones – 300m,

(c) Education facilities and Pre-schools – 200m, and

(d) Tourist and Visitor Accommodation – 200m.

(3) All ancillary netting must be coloured black.

DISCUSSION:

At Councils meeting on 29 September 2016, a report was put forward for consideration regarding a recommended amendment to the Nambucca Local Environmental Plan 2010 (NLEP) to enable the regulation of horticultural activities. The reason for this recommended amendment is because horticulture and ancillary structures such as netting within the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones are permissible under the NLEP without development consent. This means that horticultural land uses can be located up to the boundaries of lots within these zones, without any regard for land uses on adjoining lots. While this will assist the expansion of horticultural landuses, it also results in the increased potential for conflicts with existing and future development on surrounding land due to encroachments within recommended rural buffers. It is considered that permitting horticulture without consent is contrary to the Nambucca Development Control Plan 2010, which acknowledges that such uses within proximity to sensitive land uses create rural conflicts.

The recommendation to Council at the meeting on 29 September 2016 was to regulate horticultural activities within the shire by removing ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’. In addition to this, make ‘horticulture’ exempt development in Schedule 2 of the NLEP subject to specific controls to mitigate potential land use conflicts.

After considering the matter on 29 September 2016 Council made the following resolution:

That Council staff report the intended exempt development controls to be implemented into Schedule 2 of the Nambucca Local Environmental Plan 2010 to Council for R5 zoned land only.

The objectives of the R5 Large Lot Residential zone are as follows:

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

Having regard to the above, the intent of the R5 zone is to promote the development of residential land uses within the zone which minimise conflict with land uses, such as agriculture, within adjoining zones. Given the intent is to promote residential development within the R5 zone; it is not considered to be appropriate to provide exemptions for the establishment of horticultural land uses within the R5 zone as this would only protect existing development, not future development.

An example of this is the establishment of a blueberry plantation within an R5 zoned section of 537 Old Coast Road, North Macksville. As can be seen in the map within attachment 1, the blueberry plantation has been planted within 2m of the dividing boundary with 501 Old Coast Road and 15 Siding Road, North Macksville. Under the current NLEP development consent was not required to plant the blueberries. However, this resulted in no consideration being given to the proximity of the blueberries to the future dwelling on number 501 (approved but not built) and significantly impacts the ability to further subdivide both 501 Old Coast Road and 15 Siding Road due to future allotments non-compliance with the rural buffer requirements contained within Part F of the Nambucca Development Control Plan 2010. For example, Table F1 in the DCP requires new dwellings and proposed dwelling envelopes to be separated from other rural land uses, the buffer requirement for horticulture being a minimum 80m provided that 40m of this distance is vegetated. Otherwise the buffer is 150m.

Another benefit of requiring development consent for horticulture within the R5 zone is that it enables Council to impose conditions regarding the removal of dilapidated structures, such as netting and greenhouses, when they are no longer in use. This would not be permissible to include within any exempt development provisions and will mitigate future amenity conflicts with other development within and outside the R5 zone. An example of dilapidated netting has been included within attachment 2.

Having regard to the above, it is recommended that Council amend the NLEP by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’. It is not recommended that Council provide exemptions for ‘horticulture’ within the R5 zone as it would only protect existing land uses and not the future expansion of residential development within the zone.

It is only considered to be appropriate to provide exemptions for ‘horticulture’ within the RU1 Primary Production and RU2 Rural Landscape zones. This is because it is in these zones in which the desired land uses are predominantly agricultural. Although it is considered that all residential development within and adjoining these rural zones be located so as to minimise land use conflict; there is a considerable amount of ‘rural residential’ sized lots with lawful dwellings located on them within the rural zones, as well as a significant number of dwellings within close proximity to lot boundaries, as a result of past planning practices. In this regard, it is requested that Council reconsider its previous resolution and agree to support an amendment to the rural zones (RU1 & RU2) as follows:

· Remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’.

· List ‘horticulture’ as exempt development in Schedule 2 of the NLEP subject to the following controls to mitigate potential land use conflicts:

Horticulture

(1) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2) Must be separated from other land uses in accordance with the following:

(a) Dwellings in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b) Dwellings in other residential or business zones – 300m,

(c) Education facilities and Pre-schools – 200m, and

(d) Tourist and Visitor Accommodation – 200m.

(3) All ancillary netting must be coloured black.

Please note the above has not been included within the recommendation due to Councils previous resolution on 29 September 2016.

It is considered that the above would minimise potential conflict between proposed horticultural uses and existing lawful development. If a horticultural activity does not comply with the exempt development controls formulated by Council; it would mean a development application could be lodged with Council seeking approval for the activity. It is part of this process in which the landowner could seek to justify encroaching within specified buffer distances, use alternate coloured netting, etc.

The buffer distances referred to above are derived from chapter 6 of the ‘Living and Working in Rural Areas’ handbook. The handbook has been prepared by the NSW Department of Primary Industries and is a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast. A majority of north coast Councils (including Nambucca) have adopted its principles as part of their development control plans to mitigate rural land use conflicts.

In addition to adopting the provisions of the handbook as referred to above, the recommended exempt requirement for all ancillary netting to be black is considered to be appropriate due to there being considerable public opinion against the visual impacts of the white netting used to cover horticultural land uses such as blueberries. It is considered that the black netting blends with rather than stands out from the rural landscape.

Examples of black and white netting used on blueberry plantations within the Coffs Harbour LGA have been included within attachment 3.

CONSULTATION:

Coordinator of Strategic Planning and Natural Resources

SUSTAINABILITY ASSESSMENT:

Environment

The recommended amendment to the NLEP will enable greater consideration to be given to minimising environmental impacts which result from horticulture.

Social

As outlined above, the recommended amendment to the NLEP is intended to mitigate land use conflicts which will reduce the social impacts associated with horticultural activities.

Economic

Regulating areas of land on which horticultural activities can be undertaken has the potential to reduce harvest yields. However, not regulating horticultural activities location has the potential to impact the value of surrounding land and development; particularly in the R5 Large Lot Residential Zone.

The proposed amendments are intended to mitigate potential conflicts with existing development. Future development within the RU1, RU2 and R5 zones would need to demonstrate compatibility with adjoining horticultural uses when that development is proposed.

Risk

Over regulation may result in horticultural industries not expanding within the Shire. However, no regulation has the potential to slow investment in the expansion of rural residential development within the greenfield areas of the Shire zoned R5 Large Lot Residential.

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	4163/2017 - Attachment 1 - Aerial of Blueberry Plantation
2	4162/2017 - Attachment 2 – Example of Dilapidated Netting
3	4161/2017 - Attachment 3 - Examples of Black and White Netting

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.8 SF688 230217 Environmental Levy - December Quarterly Report

AUTHOR/ENQUIRIES: Grant Nelson, Coordinator Strategic Planning & Natural Resources

Summary:

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

Recommendation:

That Council note the progress of Environmental Levy Projects

OPTIONS:

Council may make an alternative resolution

DISCUSSION:

Staff have been progressing with Environmental Levy projects as follows:

Flood Risk Management Study and Plan

The Nambucca and Deep Creek Flood Risk Management Study and Plan has been exhibited and staff will be reviewing the submissions this quarter for reporting to Council and adoption.

Dawkins Park

Council has endorsed an Australian White Ibis Management Plan for Dawkins Lake and supported this plan with a commitment of funds to implement the plan. Staff have called for fee proposals from appropriately qualified ecologists and expect to commence the program with the next couple of months (prior to the breeding season commencing).

Staff have engaged Storm Consulting to prepare a stormwater management plan for the lake which is presently being prepared. The plan will provide solutions to water quality issues presently experienced within the lake. We are presently awaiting survey completion prior to moving forward with the plan.

Staff will be lodging a second application for Dawkins Park under the Building Better Regions Program, which will highlight the environmental and educational potential of the site as well as the economic benefits associated with the revitalisation of the Park, which is timely given the impending highway bypass.

Staff will be recommending a significant allocation from Environmental Levy budget to the improvement of Dawkins Park in the 2017/18 Budget.

Macksville Foreshore stabilisation

The Macksville Foreshore has been slowly consumed by the Nambucca River. Council received relevant permits to reclaim the foreshore at River Street, and implement contemporary stabilisation techniques including use of marine grade geofabric which was missing from historical works completed in the area.

Acknowledging the significance of the space for public use, staff have worked closely with contractors to carefully select rock and rock placement to provide greater interest and function to what would normally be a rock wall. There may be opportunities for additional improvements to the space at a later date.

$Description: S:\Grant from N Drive\Natural Resources\Environmental Levy - Bank Stabilisation\River Street Foreshore\IMG_5810.JPG$

Macksville Revitalisation Plan

The revitalisation plan for Macksville has been exhibited and Council has received numerous submissions. The submissions will be reviewed this quarter and reported back to Council with recommendations.

Macksville Street Tree installation

As above, staff will need to review the submissions.

Gumma Swamp Healthy Wetland

To address a significant Acid Sulfate Soil issues six (6) water control devices were installed in November, the structures will need to be revisited from time to time as they settle and some minor upkeep may be required during this period.

A monitoring program has been established and this will continue to monitor conductivity and water levels for 6-12months prior to undertaking some event sampling to determine the effectiveness of the devices.

$Description: S:\Grant from N Drive\Natural Resources\environmental levy - gumma swamp\Gumma Photos No 16\IMG_5429.JPG$

Our Living Coast

The OLC Sustainability Roadshow was held in the Coffs, Bellingen and Nambucca LGAs in November 2016. A range of workshops were held across the region, with particular workshops being run in all three LGAs.

Six workshops were held in the Nambucca LGA with over 70 people attending the workshops. Subjects covered included reducing your carbon footprint, decluttering in an environmentally friendly way, ethical shopping, making dream catchers out of natural materials, eco-friendly gardening and reducing food waste and cooking sustainably.

The workshops took quite a bit of time and effort to organise but were well-liked by those who attended. If sustainability workshops were organised by our Council on its own, they could be done so much more easily. When we use our own facilities, they turn out to be quite cost-effective and appear to have a positive impact of the behaviour of the attendees.

Bellingen Shire Council has indicated that they are not interested in running an intensive month of workshops next year. Instead, the OLC Alliance will most likely be focussed on working together to obtain regional funding for various sustainability projects.

Ecohealth Monitoring

The ecohealth monitoring program has commenced and two (2) water quality sampling runs have been undertaken by the University of New England with in kind assistance from OEH and one (1) fish sampling run by NSW Fisheries.

Council will receive both a draft and final report on the health of our waterways in the second half of 2017, together with an A4 Report Card, which will provide easy-to-read information for ratepayers and residents.

Nambucca Surfclub Protection

The Nambucca Heads surfclub works is largely complete. Staff will be arranging a post works follow up meeting with OEH and our works section to examine the results of the project, and any additional works required.

$Description: S:\Grant from N Drive\Strategic Plannning\Coast and Estuary Projects\surfclub\construction\IMG_5490.JPG$

Scotts Head Headland Precinct Protection

Council has engaged GHD to prepare some engineering solutions for the coastal protection walls and access in the precinct surrounding the Surf Club. Staff also received a fee estimate from GHD to examine options for the beach in front of the Crown Land (presently managed by North Coast Holiday Parks). This fee proposal was forwarded to North Coast Holiday Parks who have agreed to fund this portion of the investigation.

Draft design options for the precinct have been received. Council will need to undertake some consultation with stakeholders in regard to the proposed options prior to proceeding with more detailed design solutions.

Adin Street Reserve Landscape Plan

Some stakeholder consultation (not public consultation) was undertaken with specific organisations and landholders in respect to the plan. The plans were finalised and works are now underway in respect to the Town Green/ Detention basin which is funded through the general budget/ other sources.

Bowraville Connections Master Planning

Councils Community Services section has progressed with initial planning for the Bowraville Area. A plan was drafted for the Hennessey Tape Precinct. An extension of the work will occur over the broader Bowraville area at a later date.

Nambucca Heads Bowra Street Tree Health and Garden Beds

Works have been undertaken to improve the health of the Tuckeroos recently planted in the Bowra Street. This included removing ‘Wort’ from many of the garden beds. The garden beds have been improved with native, resilient grasses and ground covers.

Minor bird Eradication

The Indian Minor bird program is continuing, a number of new traps were constructed this year to support the program.

Valla Reserve Endangered Ecological Communities

This project funded by OEH, LLS and Council has progressed well, both the headland area at Valla Beach and the Deep Creek riparian area were planted out with locally occurring native species.

Some vandalism at Deep Creek will be addressed with replanting as the weather cools.

Glycine clandestina Scotts Head – Environmental Trust Restoration Project

This project is progressing well, primary weed management is largely complete and will continue. Staff are required to organise another community event/ workshop at the site prior to the end of the financial year.

Some interpretative signed regarding the local Endangered Ecological Community and Endangered Population of Glycine clandestina will need to be developed prior to the end of the financial year.

Fish Habitat Grant & OEH Bank Stabilisation Congarrinni

These projects funded by OEH (Estuary Grant) and NSW Fisheries (Habitat Action Grant) combined have stabilised approximately 1.4km of the Nambucca River. The land is to be fenced and the riparian revegetation will occur as the weather becomes cooler. The project works have been managed by Nambucca Valley Landcare with specialist input from OEH.

Part of the bank was in an extreme state of erosion and Council, OEH and landcare received specialist advice from the Department of Soil Conservation, prior to proceeding with works.

Heritage

On 13 November 2013 Council resolved that the Mayor and General Manager be provided with delegated authority to approve grants under the Local Heritage Grants Program (TRIM number 27731/2013).

In October 2016, staff called for expressions of interest for projects which may suit the heritage fund. Applications closed in November. Four applications were received – The Nambucca Hotel (Macksville), Elwood Upholstery (Macksville), The Historic Coach House Inn (Bowraville) and 49 High Street, Bowraville

$20,000 was requested in total by the four applicants and only $15,000 was available in funding. The merits of assisting the Nambucca Hotel and the Historic Coach House appeared the most obvious, due to the highly visible nature of both the buildings themselves and the works proposed to be undertaken. Elwood Upholstery is also an iconic local building, although the works to be undertaken there are less visible (flooring).

The Bowraville Heritage Study was referred to concerning 49 High Street, Bowraville – in the study it is listed as 47 High Street, but is definitely the building referred to in the application. The Study states concerning this building: “Street context: Out of Character. Recommended action: Screen with landscaping or replace with sympathetic infill building”

Accordingly, the Mayor and General Manager decided to approve funding for the Nambucca Hotel, The Historic Coach House and Elwood’s Upholstery, but not 49 High Street, Bowraville.

The projects will be completed by April 2017.

State of the Environment Reporting

The state of the Environment Report was complete towards the end of last year in accordance with Council reporting requirements under the Local Government Act. The Report is available on Councils Website.

Climate Change Adaptation

Council has joined the Sustainability Advantage program and has undertaken an audit of how sustainable our operations are. We will shortly be prioritising actions to increase sustainability.

Bellingen Shire Council is interested in working with our Council and Coffs Harbour to implement regionally based climate change adaptation programs. OEH is also keen to help our Councils work together in this regard.

Lisa Hall and Terri Brown attended the North Coast Energy Forum and took away useful information and contacts to assist Council in reducing both energy use and greenhouse gas emissions.

Other Projects

Boating Now Projects

The Boating Now projects including, Shelley Beach amenities and ramp, Gordon Park, Stuart Island, Macksville, Deep Creek and the Nambucca RSL ramp are due for completion at the end of 2017.

The four of the bigger projects are well underway but the Deep Creek and Nambucca RSL ramps are yet to commence.

It is expected that the Boat Ramp at Shelley Beach will be re-surfaced prior to the end of the financial year which will be the completion of this project which also included the improvements to the amenities.

The Macksville project will be completed this financial year with the bank stabilisation works occurring at present followed by the installation of the gangway to the pontoon to complete the works.

Stuart Island improvements are nearing completion, interpretative signage being prepared in partnership with Nambucca Local Aboriginal Land Council will be installed prior to the end of this financial year and a solar light will be installed at the boat ramp should the budget permit.

The Gordon Park improvement is the largest of the projects and is running behind schedule, largely due to the requirement to investigate the provision of underground power to the new amenities. It is proposed to separately report on this project to a Council meeting in March 2017.

CONSULTATION:

Manager Development and Environment

Manager Infrastructure Services

General Manager

SUSTAINABILITY ASSESSMENT:

Environment

The environmental levy contributes to various environmental and social matters within the shire.

Social

The environmental levy contributes to various environmental and social matters within the shire.

Economic

Often the Environmental Levy contributes to economic matters within the shire

Risk

NIL

FINANCIAL IMPLICATIONS:

NIL

Direct and indirect impact on current and future budgets

The environmental levy leveraged through grant funding contributes to the majority of projects highlighted in this report.

Source of fund and any variance to working funds

NIL

Service level changes and resourcing/staff implications

NIL

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.9 SF2293 230217 Development Applications greater than 12 months or where submissions received - 2 February 2017 to 15 February 2017

AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment

Summary:

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). Table 2 shows development applications which have been received but not yet determined due to submissions received.

In accordance with Minute 848/08 from Council’s 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 information be noted by Council.

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

There are no Development Applications in excess of 12 months old.

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

DA NUMBER	DATE OF RECEIPT		PROPOSAL		ADDRESS
2016/232	9 December 2016		Continued Use of Retaining Wall		Lots 22, 23 & 33 DP 1212788 & Lot 28 DP 1207166, Lloyd Street, Macksville
Two opposing submissions have been received. · Concerned that wall was erected without consent and that it does not match submitted plans, some of which appear to have been drawn up after the wall’s construction · Wall encroaches on a property for which the owner’s consent has not been given · Wall is not in character with the surrounding environment – a visual eyesore · Concerns re permeability of backfill material, engineering certification of structure and treatment of subsurface water · Concerns that a neighbouring fence has not been correctly replaced and contaminated material remains on a neighbouring site. · Requesting plantings in front of wall and that it be painted to reduce its visual impact.
STATUS: Additional information requested from applicant, including rectification of encroachment, accurate and amended plans, certification by structural engineer, changes to wall to address its height and visual impact and details of backfill material.
DA NUMBER		DATE OF RECEIPT		PROPOSAL		ADDRESS
2016/236		12 December 2016		Markets		Lot 3 DP 1202794, Adin Street Reserve, Scotts Head
One opposing submissions has been received. · .Private driveways will be blocked
STATUS:
DA NUMBER		DATE OF RECEIPT		PROPOSAL		ADDRESS
2017/003		6 January 2017		18 Lot Subdivision		Lot 1 DP 1212394, 1 Regatta Drive, Valla Beach
Seven opposing submissions have been received. · One has no major objections, just want reassurances that stormwater runoff/drainage will be appropriately managed · Bought into the park because of its over 50s lifestyle – the proposed subdivision will change that · New development will have an adverse effect on wildlife · Noise, dust, etc from building will negatively impact them · Concerns regarding privacy, overshadowing and drainage · Exit will be insufficient in case of an emergency · If approved, Council should place controls on new development permitted – drainage, noise, dogs · TV and mobile phone reception will be impacted · Setback breaches regulation · View loss · Loss of vegetation – much vegetation was removed prior to the DA being lodged – habitats of kookaburras, possums, kangaroos, frogs and snakes · Negative impacts on SEPP 14 Wetlands · Traffic will increase · Fire risk increased · All Valla Park residents should have been notified
STATUS: Being assessed. Additional information required from applicant – lot sizes do not comply with NLEP2010 and new easements to be shown on subdivision plan.
DA NUMBER		DATE OF RECEIPT		PROPOSAL		ADDRESS
2017/016		27 January 2017		Transport Depot – Intermittent parking of buses		Lot: 12 DP: 1057791, 9 Edgewater Drive Nambucca Heads
One opposing and two supporting submissions have been received. Opposing: · Not appropriate to have industrial type activities in a prestige residential subdivision · Buses/coaches sometimes remain there for two days or over the weekend · Coaches have to drive over kerb and guttering (which is now cracked) to negotiate turning circle · Some weeks 2 or 3 buses come and go · Buses should be parked elsewhere Supporting: · Council should be able to determine this without requiring residents’ comments · Doesn’t cause any problems and to keep it this way, the application should be approved with the following provisos: three year approval, with automatic extension if no genuine complaints; buses only to be parked; only two buses at any one time to be parked; approval is only for the current land owner and is not transferable to a third party; zoning to stay residential; no industrial-type fencing permitted; if estate is fully developed, then permission may need to be revoked.
STATUS: Being assessed
DA NUMBER		DATE OF RECEIPT		PROPOSAL			ADDRESS
2017/025		3 February 2017		Continued Use of Shipping Containers			Lots 1 & 5 Section E DP 17707, 2 Vernon Street & 3 Wallace Street, Scotts Head
Two opposing submissions have been received · Application should be refused – shipping containers are unsightly and the yard is also overgrown and has rubbish lying around. Looks like an industrial site. · Use of containers should be on DA tracking site
STATUS: Being assessed
DA NUMBER		DATE OF RECEIPT		PROPOSAL			ADDRESS
2017/020		30 January 2017		68 Lot Subdivision			Lot: 176 DP: 1190467, Seaforth Drive, Valla Beach
One opposing submission has been received: · Developer should provide playground · Consider speed bumps to slow down traffic to improve safety for children · Only one entrance/exit raises safety concerns · Disappointed that so many lots are proposed to be crammed in
STATUS: Being assessed.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.10 SF854 230217 Report on Library Services, Library Committee and Strategic Plan

AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development; Tracey Ross, Senior Librarian

Summary:

This report is focussed around a number of Council resolutions from its meeting on 27 October 2016 which were as follows:

“That staff provide a report on the library service status and progress as a stand-alone service, including existing infrastructure and future infrastructure needs.

That the above report be presented to Council by the Manager Community Development.

That ideas be sought from appropriate staff on the formulation of a Nambucca Shire Library Strategic Plan.

That the views of appropriate staff be sought on the formation of a Library Committee and suggested membership of such a committee.

That funding opportunities be explored to develop a Nambucca Shire Library Strategic Plan.”

Recommendation:

1 That Council note the report from the State Library of NSW.

2 That Council note the limitations of the current sites.

3 That Council establish a Library Service Strategic Plan Committee comprised of Mayor and two Councillors with a view to preparing a Library Strategic Plan, which will incorporate a review of the Library staffing structure.

4 That Council endorse the draft Library Service Strategic Plan Committee’s Terms of Reference.

5 That Council note that there does not appear to be an external source of funding for development of a Library Strategic Plan and therefore requires internal/Council resourcing for either a consultant or additional library staff hours; Council is further requested to allocate $20,000 from Working Funds for this exercise.

OPTIONS:

Council has a range of options including endorsing the recommendations, making amendments or adding others.

It is considered that maintaining the status quo in relation to library services is not an option. The future sustainability of the library service hinges upon undertaking the work proposed by this report.

DISCUSSION:

Council is directed to previous reports on Library Services 16 January 2013 and 24 April 2014, which outline in greater detail some of the early work required for the transition to a stand-alone library together with information about achievements. Both reports mention concerns in regard to staffing. (These reports are accessible from Council’s website.)

The timing of this report to Council also coincides with the report by Ellen Forsyth, Public Library Services team State Library of NSW, as part of the 2016-2019 State Library’s Assessment and Compliance Visits Program. This program ensures that all NSW Councils are visited over a 4 year period by a State Library representative with a view to providing advice and assistance on services, funding and Library Act compliance. The report has been attached as it provides a useful assessment of Council’s libraries, together with ideas from other areas for improved service delivery.

STATUS OF LIBRARY SERVICES AND FUTURE NEEDS

From a practical point of view, this section of the report will focus on the library collection and services; staffing and infrastructure.

Library Collection And Services

When Nambucca Shire separated from Clarence Regional Library (CRL) in July 2012 it inherited the book stock held at the Shire’s libraries at the time, with a few very minor adjustments. Whilst this was Council’s approximate share of 23% (based on a per capita allocation), no quality controls were applied. Since then, a large amount of work and resources have gone into critically evaluating the existing physical collection, which has resulted in a very heavy weeding program, developing all aspects of the current collection and adding an e-collection. The result of this review of the collection is that the libraries now have a collection that is more current and better reflects the needs of our population.

In addition to the collection the library delivers a number of services to the community, some of these are:

· Home Library Service for housebound Library Members who are physically unable to access the collection due to their temporary or permanent disability. This service is supported by the Lions Clubs of both Nambucca Heads and Macksville, members of which deliver library materials to individual homes and residential care facilities on a monthly basis. The library staff administer the service and make selections of materials for Home Library Service recipients. There are currently 25 members receiving up to 10 items, per month (or more depending on individual need) from the libraries.

· Access to computer facilities, the demand for which has continued to grow considerably with the general move of Government towards online access. The amount of time that staff are expected to devote to assisting people with PCs and online registration or submission of forms, for Centrelink payments for example, is an increasing problem for both library staff and members of the public. There are a number of people who do not have the skills, or cannot find their way around the mygov website, and expect library staff to assist because there is nowhere else for them to go. The two internet cafes of the past appear to have largely disappeared in both Macksville and Nambucca Heads, so the only alternatives are the Centrelink office in Nambucca Heads which offers limited assistance for those who can get to that office; and Bowraville has the Community Technology Centre for those that are able to access and use its facilities. There is a large part of our community that cannot afford their own computing equipment and rely heavily on access to PCs in the libraries. Council staff have approached and met with the Manager of Centrelink Nambucca Heads to address the lack of support services and the demands placed on Council libraries. Whilst there is an outreach officer located at Coffs Harbour, this has little impact on the ground as far as the libraries are concerned. It is unclear what, if anything, Council staff can do to address the increasing demand.

· Provision of Wi-Fi access, which is heavily used and brings similar demands on staff time. Whilst people bring their own devices to the libraries they are not necessarily au fait with their use. Staff will assist where issues are around access to and use of e-collections but there is an expectation from the community that staff will assist with issues of personal use. Again, the lack of resources in the Shire to assist this sort of learning is problematic.

· There are a number of library services, such as weekly Storytime, ongoing Broadband for Seniors IT tutorials, access and use of e-collection tutorials, which are delivered by volunteers within the libraries however the administration and coordination of these services and programs fall to library staff.

In its annual reporting to the State Library, Councils are required to provide a Narrative Statement which outlines key activities. A comparison of the Statement in 2014-2015 (shown in the State Library Report) and the 2015-2016 Statement (see attached) shows a decline in the activities able to be offered by the libraries due to the need to focus on duties related to the library collection.

Staffing

Library Staff consists of:

Senior Librarian: Tracey Ross (1 Equivalent Full Time (EFT ))

Library Officer positions (1.49 EFT; 2 part-time: Fiona Perry based at Macksville 24.5 hours per week; Sue Hughes based at Nambucca Heads 27.5 hours per week )

Library Assistant positions (1.54 EFT; 3 part-time: Mark Northover 29.5 hours mostly based at Macksville; Leanne Mair at Nambucca Heads 21 hours; Lynn Conder at Nambucca Heads 7.5 hours per week)

Of these staff, four work 3.5 hours at Nambucca Heads Saturday morning on a rotating basis.

Council also has a small pool of casual library staff who replace staff on annual, long service leave and sick leave. All staff leave is not backfilled, just when necessary to keep the doors open.

Under the old CRL arrangement Council staff were not responsible for the technical side of library operations as this was the role of Regional Library staff who were employed by CRL and located in Grafton. As a standalone service, Nambucca Shire Council staff now do acquisitions, cataloguing, collection management, collection development, and all budget management. Whilst Council appointed a Senior Librarian who is qualified and full-time, the remainder of the staff were transitioned into the new model of service with little change to work hours and under existing Position Descriptions which did not include the technical side of library services. Therefore, the current Position Descriptions require review to reflect the types of services and duties required under the stand-alone service.

Council will note from the State Library Report that for a library of our population size the EFT recommended by State Library guidelines is 6.5 EFT staff and Nambucca Shire Council libraries have been operating at around 4 EFT which is well below the recommended staffing level. Having said that, it is understood that Council’s financial constraints are such that any significant increase in staff is unlikely. However without a review of staff qualifications spread of hours, and the ability to allow for staff succession planning we don’t know if we can make any gains in our technical capacity within allocated resource limitations. The fear is that without this review and possibly of even changing the staffing structure, current library services are unsustainable.

Infrastructure

Opening hours for Council’s library branches are:

Nambucca Heads: Monday to Friday 9.30am to 5.30pm; Saturday 9.30 am to 12.00pm

Macksville: Tuesday to Friday 9.30am to 5.30pm

For the purpose of this report, two main areas will be discussed: maintenance and capacity.

The good news is that the two branch libraries are well maintained. Over the past 5 years or so, there has been a concerted effort to de-clutter, update or replace furniture and shelving, repaint and reconfigure as budget allocations have allowed. Essential services are maintained according to a schedule and there are forward plans for shelving and computer replacement. The result is that the libraries are well presented and are not in need of any major work at this point – apart from an internal wall which is planned for Macksville to separate the staff work area from the public areas.

The not so good news is that although the most has been made with the space available, both libraries are under size for the population according to State Library benchmarks and on the ground it is a struggle to find space to perform all the tasks associated with a stand-alone library service. Current buildings and spaces were not designed or built to cater for technical services.

Nambucca Heads (at 240 m2) is very small and crowded and yet caters for the largest number of library users. The library is in need of additional floor space, however even if capital funding was available, the site and the building itself have no capacity at all for extending the library.

Macksville (at 410 m2) manages the level of library usage much better but also acts as the administration centre for the library service and is where most of the technical services work and library management occur. The installation of the Storage Container in 2014 has provided “off-site” (ie not on the shelf in the library buildings) storage which is adequate.

It is important to point out that the technical work relating to library services is essential for the library to function; yet is largely unseen. The tasks, which include processing, accessioning, cataloguing, purchasing are a substantial part of daily library work but cannot be undertaken efficiently whilst being at the circulation desk serving customers. Separate work stations are required. At Macksville, the construction of an internal wall will better designate staff areas and create space for an additional workstation for back of house work and technical services, away from interruptions by the public. Processing will also be better organised and more efficient. Work space for technical services at Nambucca Heads is barely adequate and there are no real options to better manage this within the current layout.

To make things more difficult, the geographic location of the libraries and separation of staff together with their spread of hours between the two branches, mean that performing the majority of the technical services falls consistently to 1 or 2 staff and staff absences create further challenges.

When considering the capacity of current library buildings, some of the questions which arise are:

1. Have we got the right services and staff operating out of each branch?

2. Are there ways to more efficiently use each branch?

3. Do the current opening hours limit other areas of library operations eg technical work?

4. Is one library branch capable of servicing the whole population?

5. If it is desirable to increase library size, how can this occur given the current financial constraints on Council?

Branch Services and Staffing

In the past staff have thought of themselves as being either Nambucca Heads or Macksville Library staff. This has changed somewhat in recent years with 4 staff working Saturday mornings at Nambucca Heads and at least one staff member regularly working across the 2 branches. This has improved communication (along with regular staff meetings) and can make the most of staff skills, however shifts have mostly been established to cater for opening, closing and covering other staff for a lunch break. Flexibility is limited.

Administration and technical services mostly occur at Macksville Library. This location is more practical due to work space and being closed to the public on Mondays allowing for this work to proceed uninterrupted. The Senior Librarian’s PC at this location is networked to Council’s main operating system.

Opening Hours

Some years ago and before the separation from CRL, library opening hours were reviewed for consistency and to respond better to community needs. The result was some more efficient use of staff time as libraries were no longer closed for lunch on some days. When the Senior Librarian commenced, library management work was possible unhindered at Macksville on Mondays.

In terms of savings though, these were insignificant as closing Macksville on Mondays was probably offset by opening Nambucca Heads on Saturday mornings.

It is suggested that the time has come for another review to see if a change in library opening hours could result in use of staff hours in technical services functions. The purpose of this report lies elsewhere but it is opportune to put this on the table. It should be made clear however that a review of opening hours must also considering staffing – hours worked, staff qualifications etc.

One scenario could be to close Nambucca Heads library one day per week, for example on Mondays (so as not to disadvantage those people who work full time and come in on Saturday mornings or between 5.00-5.30pm on their way home) and use the staff hours in technical services functions. As Macksville Library is also closed on Mondays staff could be relocated to Macksville on that day and use the available workstations there uninterrupted.

Having raised the need for a review of opening hours and staff, the question arises as to whether the Council can continue to support two library branches. There are number of factors around this which must be considered further. The entire collection cannot be housed in one location without expanding the current footprint. One (only) of the existing buildings would be unable to house the collection, offsite storage, workroom for technical services, reading areas, children’s area, public access PCs etc. Having said that, both libraries are adjoined by Council-owned buildings which are used by the community for various activities. In theory there may be floor-space around the current locations, however whether the Small Hall (Nambucca Heads) or Seniors Citizen’s Centre (Macksville) would be big enough, available or even practical are questions that would need be looked into if Council was to consider having just one library.

In any case, people are reluctant to travel between Nambucca Heads and Macksville for services and it is expected that community resistance to this concept would be strong and the idea very unpopular. Further matters to be considered are that usage in Macksville is currently lower than Nambucca Heads and Nambucca Heads library has the higher use by the tourist population.

Without a detailed analysis, it is concluded that having one library building for the whole of the Shire is not an option. So, are there ways to more efficiently use each branch? Council will note from the State Library Report that it is not uncommon for library services to be co-located with tourism, cultural or even environmental interests. For Nambucca Heads, should Council think about additional services (such as Tourist Information) to diversify service delivery? Council is still considering the future of its Visitor Information Centre in Riverside Drive, so if Council is successful in gaining a commercial offer of rent for the VIC and decide that a face-to-face tourist information service is still desired for Nambucca Heads, the concept of a combination library and visitor information is worth considering. For example, elements of library operations such as, public access PCs, sale of surplus items, non-catalogued items, and small meetings may co-habit with tourist information.

LIBRARY STRATEGIC PLAN

The need for a Strategic Plan is acknowledged.

We have already raised the staffing constraints and to add a large body of work at this point in time is not realistic. Additional resources will be needed by either backfilling the Senior Librarian’s position or by engaging a consultant.

As part of the development of the Plan it is proposed that some early action include:

· review of staffing

· review of hours

· seek Council’s views on where it sees library services going.

It is also important to note that external funding for the development of a Strategic Plan is unlikely. One might assume a source of funding to be the State Library but it does not fund this kind of work. The cost of such a plan would rest with Council. An indication of the cost of this activity comes from Coffs Harbour City Council, when the development of its Library Strategic Plan was outsourced to a consultant in 2012 cost close to $25,000.

PROPOSED LIBRARY COMMITTEE

It is proposed that given the staffing constraints and challenges identified earlier in this report, that the life of the Committee be limited to the time it takes to develop the Strategic Plan.

The immediate work needed to set the foundation for the future of library services is largely internal and operational and not the usual business of Committee with outside members so it is not proposed to incorporate community members. Community input will be by various types of consultation or at the Draft Strategic Plan stage.

A draft Terms of Reference is attached for Council’s endorsement.

CONSULTATION:

General Manager

Manager Human Resources

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues identified.

Social

A large proportion of library users use the space for community and social reasons beyond just borrowing material. Any reduction in opening hours, number of branches will have social implications.

Economic

No economic sustainability issues are identified at this stage.

Risk

This report alone does not raise risk issues however the results of some of the proposed actions might impact in regard to risk to reputation if the community strongly opposes future Council decisions. This should not however hinder any of the proposed reviews.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

$20,000 from Working Funds to provide resources to develop the Plan.

Source of fund and any variance to working funds

$20,000 from Working Funds to provide resources to develop the Plan.

Service level changes and resourcing/staff implications

The report raises a number of areas where there may be implications for levels of service or staffing but it not possible to define these at this point.

Attachments:

1	1586/2017 - Report from State Library - Nambucca Shire Council libraries, benchmarking, suggestions for improvement and change
2	3083/2017 - Nambucca Shire Libraries Narrative Statement 2015-16 - State Library NSW Subsidy Return
3	4464/2017 - Library Service Strategic Plan Committee - Terms of Reference

Ordinary Council Meeting - 23 February 2017

Report on Library Services, Library Committee and Strategic Plan

Description: SLNSW_POS_LOGO_50mm

Tracey Ross
Manager, Library Services

Nambucca Shire Council Libraries

44 Princess Street

Macksville NSW 2447

Our reference: 54453

17 January 2017

Dear Tracey

I appreciate the recent opportunity to visit your libraries, and hear about the plans you have for them. There are many good ideas about how to increase the outreach and use of the library, and it would be encouraging to see the council support these ideas.

The library collections look good, and the recent weeding makes them more usable as it is easy for people to browse the collection. The collection has solid performance, only being slightly below the NSW median. It will be interesting to see if the weeding increases the turnover of the collection as this can often happen.

The furniture which was purchased with the Revitalising Regional Libraries Program funds looks lovely, and was being well used during my visit to both libraries.

The current library space for the residents of Nambucca Shire is 650 square metres at two locations, Macksville and Nambucca. Both Macksville and Nambucca libraries are less than half the size they should be to comply with People Places: A Guide for Public Library Buildings in New South Wales^{^[1]}. Using the current population of 19,598 with the population approximately divided between Macksville and Nambucca (including Valla and Bowraville) it is suggested that planning for an increase in library space and services commences. Using the People Places population spreadsheet, the information in the following table was calculated.

Library name	Current size in square metres	People Places suggested size
Macksville	410	897*
Nambucca	240	690

*The Macksville figure is higher to enable to space for central library functions

The above figures are indicative, and the State Library can work with council to refine optimum library size, and specifications to assist with planning for future needs. Population projections have not been included so the building sizes above do not cater for future growth in population. These projections would need to be included in future calculations.

There are options at both Macksville and Nambucca for increasing the size of the current buildings. Both library buildings have poor amenities for library staff, with either no separate (Nambucca) or inadequate (Macksville) tea room facilities. At Macksville the material stored in stack is kept in a shipping container which has no heating or cooling, and whose doors can only be opened by two staff members. The workspace at Macksville has poor separation for staff from public spaces, although the use of the shelving provides some visual separation.

In NSW, the library at Bermagui is in the same building as the Visitor Information Centre and they share a foyer.

$Description: R:\pls\Library photographs\bega\bermagui\DSCN1777_209future28July.JPG$ The photograph of this sign shows how the different parts of the building at Bermagui are connected.

This could be an option to consider if Nambucca Library is extended.

The library at Ulladulla is collocated with the Visitor Information Centre as shown below.

The library and the Visitor Information Centre are open at the same time, except on Sunday when the library is not open.

At that time a wall is pulled across the library, leaving the Visitor Information Centre open and blocking access to the library.

For the rest of the time it is shared space, as can be seen in this photograph.

The photograph on the left shows a community information database of wildflowers which is located next to some of the public access computers at Ulladulla. It seemed a nice way to bring in a different approach to local studies as well.

More photographs of Ulladulla Library are on the PLS Flickr account at https://www.flickr.com/photos/publiclibrariesnsw

The White Tank Branch Library in Maricopa County, Arizona combines an environmental center and public library in the one building.

For more information about this library see:

· Information from the council http://www.mcldaz.org/custom/branches/whitetank.aspx

· Information from the architects http://www.dwlarchitects.com/projects/whitetankbranchlibrary/

· Photographs from the architects https://www.flickr.com/photos/dwlarchitects/albums/72157626608243080

· Reports on their solar power generation https://enlighten.enphaseenergy.com/pv/public_systems/pWeA8442/overview

This may give some ideas to consider for plans at Macksville.

As well as planning for new libraries, it is timely to plan for additional staff. I realize that the council has a cap on staffing, but perhaps there are options which can be explored. Currently there are 3.9 EFT staff at the library. For a population of almost 20,000 people, the Living Learning Libraries guidelines^{^[2]} suggest an EFT of 6.5 which would be a significant increase on current levels. Ideally there would be an increase in qualified library staff, as there is a need for the skills which these staff can bring. It would be helpful to have resources to develop local staff, and even to possibly support their training and qualification. This could be a way to recruit new and young people to working in libraries.

In 2011 a Client satisfaction survey tool for NSW public libraries was developed. You may find it helpful for some of the work being consider. It is available from here http://www.sl.nsw.gov.au/public-library-services/client-satisfaction-survey-tool-nsw-public-libraries.

Please see the following pages for more comments about the library service.

Yours sincerely

Ellen Forsyth

2016 – 2019 library visits

1. Library Data and Statistics [from Bibliostat] Nambucca

Population

19 598

Comparison to 2015 Living Learning Libraries standards

Registered library members as a percentage of population

59% was reported.

Baseline 41.5%

Enhanced 49%

Exemplary 55%

Records were checked and currently there are 32.8% of the population who are members

Visits per capita

4.75

Baseline 4.5

Enhanced 5.0

Exemplary 5.4

Expenditure on Library Material per capita

$4.98

Baseline$4.53

Enhanced $4.83

Exemplary $5.57

Expenditure per capita

$36.85

Baseline$49.70

Enhanced $56.35

Exemplary $64.01

Items per capita

Populations up to 100,00

2.23

Baseline 2.38

Enhanced 2.58

Exemplary 3.34

Acquisitions per capita

Populations up to 100,00

0.20

Baseline 0.24

Enhanced 0.27

Exemplary 0.33

% of collection under 5 years old

49.6

Baseline 49.4%

Enhanced 53.39%

Exemplary 56.69%

% of collections under 10 years old

75.37

Baseline 79%

Enhanced 83%

Exemplary 85.89%

Turnover of stock

2.15

Baseline 3.06

Enhanced 4.21

Exemplary 4.99

Circulation per capita

4.7

Baseline 5.51

Enhanced 6.54

Exemplary 7.71

Public Internet workstations

7 + 2 broadband for seniors

1 PC for public access to the Internet per 3,000 residents or part thereof. Libraries serving populations of less than 20,000 at least 5 PCs with Internet access.

Library Programs-no. of programs and attendees

11 programs

408 attendees

Staffing

Minimum number of staff per 3,000 eligible population

Baseline 1, enhanced 1.1, exemplary 1.3

1 full-time

2.9 part-time

Total 3.9

Baseline 6.5

Enhanced 7.1

Exemplary 8.45

Library size/s total 650 m2

Percentage of collection items on Libraries Australia 50.4% from Clarence. It is apparently not feasible to maintain this with current staffing

Information requests/ECR 12,015. It is good to see that this data is being recorded

What services to the Indigenous community? There is a collection with includes material about local Indigenous people. It is planned to update this collection.

Latest Narrative Statement (provided to the State Library 2015).

This year has been one of consolidation of the Nambucca Shire Libraries e-collection, launched in June 2014. Throughout 2014/15 we have continued to add to the number of titles of e-books and eaudio books in the collection. The collection has been largely funded to date by the 'Let's Read Big and Loud' Grant which the library received under the Country Library Grants program. We have held a number of tutorials throughout the year to familiarise our library patrons with the collection, how to access titles and how to install and maintain the required applications on their personal devices. The library does not have devices which we loan to patrons, they must bring their own to tutorials, this in itself has presented us with a number of challenges. Tutorials have however been well attended. Our e-magazine collection was launched at the same time and has been enthusiastically received by our library community. We have continued to conduct our core activities and have hosted a series of special events, developing and maintaining strategic partnerships as part of this process. Some of these are:

· the continuation, in conjunction with ABC Open Mid-North Coast, of a writers group that meets on a monthly basis at the Macksville Library Branch

· continued participation in the Broadband for Seniors Program at the Nambucca Heads Library Branch, providing both computer equipment and tutorials

· embedding our events program in both our library branches. Author visits have been on a monthly basis and well attended by both library patrons and the wider community

· children's storytime is now well established on a weekly basis at both library branches. This activity is facilitated by volunteers and is well attended. It has become a social event for parents, carers and guardians as well as the children.

· participation in State and National programs including Summer Reading Club, Library Lovers Day, Children's Book Week, NAIDOC Week, Library and Information Week and National Simultaneous Storytime where we had 140 pre-school and primary school children in attendance.

· 'Library News' continues as a monthly report on 2NVR community radio and less regularly on the weekly 'Talking Books' program

· the Home Library Service and Baby Bag Program continue to be supported by our local Lions and Rotary Clubs and Baby Health Service.

We have worked towards increasing the profile of the libraries within our community, not only as a library service but as a community hub. We have increasing numbers of people using the libraries as both meeting and social spaces. The library is a very positive face of the Nambucca Shire Council.

2. Site assessment

Name of consultant/librarian visiting

Ellen Forsyth

Visit date

27 October 2017

Staff participating in discussion

Tracey Ross, Manager, Library Service

Coral Hutchinson, Manager Community Development

Libraries visited

Macksville and Nambucca

Building/s

Consider

· Size

· use of space

· condition

· site location

· last refurbishment,

· plans for new buildings or refurbishments

The library service has been standalone since May 2012. The council has maintained the library spending over the last four years. This means the expenditure per capita on library materials is good, however there could be improvements in the overall resources budget as the expenditure per capita is well below baseline, and this has implications for areas such as staffing.

There are no plans to extend the libraries.

There are plans for updating the park next to the Macksville Library, and consideration has been made for an environmental information centre. This should not be done as a separate building.

There is no space for staff meetings and for lunch at either library.

Collections

Consider

· gaps/strengths

· e collections

· how does the library purchase (selection/profiles/standing orders)

· what kind of holdings do they contribute to Libraries Australia/Trove?,

· responsiveness to community need

· do they consult with community about collection? How?

· how does the library evaluate collections-ie Collection HQ?

The collection is well managed, and the staff include many suggestions for purchase from the clients.

The recent weeding should help the circulation statistics. Staff observe that clients browse for material more than they search so effective displays and proactive assistance

The staff are doing some readers advisory with clients.

Information technology

Consider

· wifi access/speed

· public access PCs-age

· bookings system/process

· charges

· programs

· perceptions of community need and usage of technology

· maker spaces

· coding

· use of technology to provide service sand pits, lending laptops,

· tutorials, classes, mobile apps, communication with clients

· staff training in technology…

The WiFi is very slow, and the library has been working with Hitech to try and resolve this. This has also been referred to Joyce Azzopardi at the State Library. Connectivity is an issue in rural areas too and this has an effect on library online and downloadable materials.

For example the slow download speeds have made downloading eAudio very slow, hours rather than minutes. The eBooks and eAudio are being used by the community.

There is a big variation in the use of technology by community with a mix in community skills. Some clients have almost no technology skills and there are lots of people needing assistance with Centrelink forms online. This is a stressful situation for clients and staff. While there is a Centrelink Office in Nambucca Heads, the outreach officer is based at Coffs Harbour and serves a very large area.

Nambucca Libraries participate in broadband for seniors with 2 computers at Nambucca.

With technology, self-directed training is key, as is the interest of staff is key. Most of the technology assistance for clients is done by two staff.

While the website has a basic look it is easy to use, and provides links to online resources including ebooks. The resources available are clear, and easy to find.

The only social media listed on the website is the council Youtube channel. While there are no library videos, this could be a way to reach out to the community. Other social media such as facebook, twitter or instagram could ways to connect to the community and promote the library. Current staffing levels would make implementing these a challenge. The library may be able to be part of council wide social media use.

The library management system has ecollections included in the search. There is potential to increase the amount of local studies material which can be searched online.

Community connections

Consider

· consultation with community

· feedback mechanisms

· most recent survey, market research

· social media use, partnerships

Council does community surveys. The most recent was in 2016. General questions about the library were included.

Feedback from clients is mainly verbal. There was community feedback as part of Library Lovers day.

Programs and services

Consider

· target groups such as NESB, seniors, children, teens, Indigenous, homebound, LIAC, druginfo etc,

· information services, onsite, online/mobile and offsite services, enquiry completion rate.

· Who isn’t using the library?

· Are the library staff involved in any of the state wide working groups?

Library staff would like to run programs, but there is not the staffing to do this. They have storytime but few other programs. The storytime sessions are done by library staff and volunteers. Not all library staff are willing to do storytime. Story time is a social connection for the community as well as providing pre-literacy skills for children.

There are author talks at Nambucca and Mackville and a reading group at Nambucca. There is a separation of communities with the highway and other issues being a divider. Local public transport is not good.

There are good local authors like Carly Lane, Jan McLean, and Anne Seaton. Some of the locals are self-published and happy to sell their own books at the talks. The library provides morning tea – connecting people to each other.

Within the community the libraries are probably missing from 15 year olds, and up through young adults. The local primary school libraries have improved, so less children using libraries for research.

The libraries are seeing some people when they go to university (on breaks) or using eBooks.

The library staff are promoting databases.

There is a council sustainability workshop after hours, and the library is being promoted at that.

Staff are on some of the statewide email lists – and pass on the useful information

There are 28 volunteers, mostly at Nambucca who mostly shelve, and some who do covering and clean DVDs.

Local Studies initiatives and services

Consider

· digitisation projects

· content creation

· preservation

· collecting current content including digital content

· cataloguing and online access

A grant while part of Clarence Regional Library enabled a lot of local newspapers to be digitised plus the provided dedicated pcs

- Small collection

- The library collects a small amount, general on paper

- There are opportunities for information sharing between local museums and the library. This would take time to set up and manage. This would be a challenge with current library staffing.

It is suggested that local studies is included as part of regular library work, and that consideration is given to collecting a wider range of material in this area. This can be an area to collaborate with neighbouring libraries.

3. What would are the priorities and needs for this library service? List the priorities from the discussion, and as you see them.

Priorities and needs

With the limited staff it is hard to have time to plan for the library.

Library staff are wanting to engage with more of the community, and ensure the Nambucca Shire Libraries are sustainable.

There would be value in having a strategic plan for the library. It would need to be meaningful, able to be implemented and with realizable outcomes.

Any other comments

Nambucca was part of the Clarence Regional Library service for many years. The State Library understands that Nambucca made the choice to stand alone with its library service.

Libraries do tend to be able to offer a wider range of services and resources when they are part of cooperative arrangements. While it is understood that a full regional library service may not be desired by Nambucca, the State Library encourages council to consider exploring cooperative arrangements with neighbouring councils. These need not compromise the identity or autonomy of the library service, and may include areas such as shared collection procurement, local studies and library management system.

Follow up required – list by whom	Follow up done
Review of WiFi and internet services by NSW.net – Joyce Azzopardi

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.11 SF1398 230217 Community Builders Funding Future - Department of Family and Community Service Targeted Earlier Intervention Reform

AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development

Summary:

It is some time since Council was provided with a report on the NSW Government’s Targeted Earlier Intervention (TEI) Program Reform which relates to the Department of Family and Community Services (FACS). The reform involves a redesign of the current TEI service structure based on a local needs assessment of client characteristics and by identifying gaps and areas of over-servicing. A new service structure will be put into place.

Council receives the following two grants (under the FACS Community Builders Program) which will be in some way affected by the reforms however at this stage is it not clear how.

1. Aboriginal Community Development ($79,500 in 2016-2017)

2. Youth Development ($108,000 in 2016-2017)

Funding provides resourcing for two positions: Senior Community Development Officer and Community Development Officer (designated position).

The current Funding Agreements conclude 30 June 2017; beyond this is unknown and Council is advised that there is the possibility that the agreements will not be renewed.

Recommendation:

That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders funding agreements conclude 30 June 2017 and beyond that is not known at this stage.

OPTIONS:

Council has the options of endorsing, changing or adding to the recommendation.

DISCUSSION:

Why do FACS want change?

FACS has nine TEI programs, each with its own guidelines, eligibility criteria and target groups, with the current contract structure focusing on service outputs over client outcomes. Despite the best endeavours, the number of children reported at risk of significant harm continues to grow, and intervention is needed earlier. There are many more children and families that need support to have more positive pathways in life. FACS wants the programs it funds to be better coordinated, more consistent and directed to those most in need.

The following nine programs are being considered as part of the reform:

1. Child Youth and Family Support (CYFS) $54.2m

2. Community Builders $43.1m

3. Families NSW $26.5m

4. Youth Hope $10.2m

5. Staying Home Leaving Violence $5.0m

6. Aboriginal Child Youth & Family Strategy $4.3m

7. Integrated Domestic & Family Violence Services $3.5m

8. Getting it Together $2.1m

9. Positive Parenting Program (Triple P) $0.48m

The target for TEI services is vulnerable children, young people and families, with particular focus on:

· Children aged 0–3 years

· Young parents

· Aboriginal children, young people and families

The Vision for Targeted Earlier Intervention is:

· Families, children and young people’s needs are met earlier to prevent the escalation of need.

· Families are able to access support earlier in the lives of their children and young people, and are empowered to live independent meaningful lives.

· Risk factors that lead to child abuse and neglect and domestic family violence are addressed earlier.

· Aboriginal children, young people and families have access to effective and culturally safe support and services.

Community Builders Program

Unlike the other 8 programs, Community Builders is not currently directly related to child protection and has been largely left to the side of the reform so far. This is somewhat concerning given the amount of funding associated with the program and where we are in the program reform timeline. Of further concern is what will happen to things like youth development and capacity building given the move towards focussing on the most in need.

Council Situation

Like all grants, the agreements Council has with the Department of Family and Community Services under Community Builders, identify certain outcomes and outputs which Council is expected to deliver to an identified part of the population – in Nambucca Shire’s case either young people under 18 years or the Aboriginal community. Our outcomes focus around events, programs, community workshops, leadership, life skills, resource development and education/learning programs. Further, there are agreed targets of number of activities and number of people reached within the identified population.

The types of activities and programs delivered include:

· After school homework program

· School Holiday Activities

· Resilient Young People’s program in schools

· Project Development and assistance with grants

· Consultation and community engagement eg 2016 Youth Services and Students Forums

· Youth Week and NAIDOC Week

· Chill-out space at the Show

The current funding agreements, whilst not being generalist as such, can apply across the whole of community in some instances. There is also some room to try to incorporate key outcomes for Council, for example infrastructure development for young people.

Council has been informed that future agreements will be quite prescriptive and aligned to where the FACS demand is. They will also be client-centred. So key questions for Council are what will be expected and will this align with Council’s own future priorities?

What’s next?

FACS is working on a redesign of the current service structure, based on a local needs assessment of client characteristics and current services - this will identify service gaps and areas of over-servicing, to inform the design of a new TEI service structure. This is currently underway via a series of meetings across the State – Nambucca-Bellingen 22 February and Coffs Harbour 7 March 2017.

FACS will apply a mix of outcome-based and output-based contracting with longer contract duration of up to 5 years, previously 3, which is good news for service providers.

Reform of Aboriginal service provision will be embedded into the TEI program reform, to ensure a focus on the needs of Aboriginal children, young people and families. Co-design of services and culturally safe practices will be emphasized.

There will also be a gradual change to the way FACs commissions services - driven by the needs of clients, with the timing of change determined by local collaborative planning processes.

How we’ll get there

FACs will use an incremental approach to implementing its new framework:

• Develop agreed outcomes, indicators and measures.

• Develop an evaluation system that aligns with outcomes.

• Implement infrastructure support, including building capacity for collecting and analysing data and realigning reporting systems.

It is hard to imagine, given the timing, that all the above proposed changes will be in place before the 30 June 2017, however as the end date of the Funding Agreement approaches, it is important to consider the possible scenarios for Council:

1. Council will be offered an extension to the existing funding agreements for a short period under a similar set of program outcomes. This is possible but likely to be only temporary, particularly given that the current agreements are already a roll forward from 3 years ago.

2. The Aboriginal Community Development and Youth Development programs are redesigned to fit FACS desired way of delivering services and there is a transition into the new framework. There are some elements of the current programs that appear to fit, although some changes would still be needed. Council has consistently performed to its funding agreements and annual program assessments and acquittals have been delivered on target and on time. Therefore there should be no governance or performance impediments to further funding. There is however a government move towards managing fewer contracts.

3. The change expected is significant, FACS calls for open tenders and Council would need to compete for the funding.

4. The type of service and client outcomes expected is a step too far away from Council’s core business. If it is direct service and support to individuals or specific families, then Council may decide that this is best left to non-government agencies. It’s not that Council couldn’t employ staff to engage in this type of work, but this type of service is outside anything Council currently does.

Further reports will outline progress. For now, Council is asked to note the report on FACS Targeted Earlier Intervention Reform.

CONSULTATION:

Senior Community Development Officer

SUSTAINABILITY ASSESSMENT:

Environment

Nothing identified.

Social

The types of programs delivered by Council under Community Builders have significant positive social impacts - everything from improved life skills, being better connected to and supported by community, increased engagement, improved relationships with school.

Economic

Nothing identified

Risk

The risks to Council associated with this report are largely that of reputation if there are significant changes to community development at Council and the community does not understand those. In the bigger picture the risk of not providing earlier intervention and support for families has been well documented should be deeply troubling given the number of children at risk of significant harm.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The Youth Development and Community Development programs are 100% externally funded and have a neutral impact on Council’s budget.

Source of fund and any variance to working funds

Nothing required.

Service level changes and resourcing/staff implications

Should the Community Builders funding not continue it is unlikely that Council could afford to just continue the employment of the 2 Community Development Officers.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.14 PRF69 230217 Future of Welsh Pioneer Park, Welshs Creek Road, Talarm

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

A representative of the residents who have been maintaining the Welsh Pioneer Park has requested that Council take over responsibility for its maintenance.

The cost estimate for Council taking over responsibility is approximately $19,000 per annum.

Recommendation:

1. That Council advise the Talarm Hall Committee of Management and advertise its intention in the local media to revert the Welsh Pioneer Park at Talarm to a natural reserve unless a volunteer committee of management to undertake the maintenance of the reserve is forthcoming.

2. That there be a further report to Council following a 1 month notification period during which time proposals for volunteer management can be put forward.

OPTIONS:

Council staff have considered a number of options for the future of the Welsh Pioneer Park. These are listed together with some commentary as follows:

1. Close the Park

This option would obviously be unpopular with the users of the Park as well as the volunteers who have developed and maintained the park over the years. It does get regular use and has a reasonable amount of infrastructure for a riverside picnic reserve.

2. Return the Park to a Natural Reserve

This option was suggested to Council at its meeting in March 2015 and involves the removal of all of the infrastructure and bush regeneration for most of the cleared area leaving only the access to the river and some minor mowing and brush cutting so as to maintain the access and an area on the river bank for parking. Again this option is unlikely to be popular with park users and the volunteers.

3. Allow the Park to be used as a Primitive Camping Ground

This option seeks to create some revenue as a means of offsetting Council’s costs in maintaining the Park. However the experience of Council staff in managing the Gumma primitive camping ground is that there would be no financial return from primitive camping if Council was reliant on contractors to collect fees and maintain the facilities. There may be some minor return if the camping ground was managed by volunteers but regardless it is unlikely to materially offset Council’s costs.

4. Council staff and/or contractors maintain the Welsh Pioneer Park

This option is costed in the report in the vicinity of $19,000 per annum. The Council has not got the financial capacity to take on more reserve maintenance except at the expense of other budget priorities. The pending handover of the Pacific Highway will likely result in an unfunded depreciation expense of over $1m per annum save for the additional funding provided under the regional road block grant and a “one off” compensation package from the RMS. The precise amount of this additional funding is still unknown. The Council will also be inheriting a number of service roads which will be dedicated to Council as local roads. Welsh Pioneer Park is relatively remote from the existing parks directly maintained by Council (as opposed to Committees of Management). Therefore maintenance will be relatively expensive when compared to other parks.

DISCUSSION:

To date the Welsh Pioneer Park at Talarm (just west of the Talarm Hall) has been developed and maintained by volunteers. The Lions Club of Macksville undertook the maintenance activities for many years as a Council Section 355 Committee. Volunteers have constructed a range of amenities at the Park including a large shelter, smaller picnic shelters, BBQ’s, a toilet block, a concrete driveway on the steeper bank and a canoe launching platform that has suffered from erosion and is essentially unusable. Photographs showing the park improvements are attached.

In January 2014 the Lions Club advised Council that they were unable to continue with the park’s maintenance due to ageing membership and ill health. They suggested that the maintenance responsibility be transferred to the Talarm Hall Committee of Management.

This was agreed and at Council’s meeting on 13 February 2014 it was resolved to relinquish the Macksville Lions Club (being a Section 355 Committee of Council) of the care, control and management of Welsh Pioneer Park and that the Talarm Hall Committee of Management take over its care, control and management.

Then in March 2015 the Talarm Hall Committee of Management approached Council seeking assistance in maintaining the Park. The request was considered by Council at its meeting on 16 April 2015 and it was resolved as follows:

1 That Council acknowledge the volunteer work provided to service the reserve and advise the Talarm Hall Committee that due to the financial constraints placed on Council and significant aging infrastructure across the Shire, Council is not in a position to provide any additional resources or funding towards the reserve and is unable to accede to their request for:

a Assistance to mow and maintain the reserve with day or contract labour

b Provide a garbage bin and waste service to the reserve by day or contract labour

c Provide any assistance in repairing the Swimming area and boat access facilities.

2 Council advise the Talarm Hall Committee that when considering the 2012/13 budget for Parks and Gardens the vote was reduced by $25,000.00 to balance the budget and that this area has only been increased with the rate pegging limit since that budget.

3 That Council advise the Talarm Hall Committee that interim assistance can be provided for the mowing of the reserve via other means (for the cost of fuel) with the use of the Work for the Dole program which is scheduled to commence in the 2015/16 financial year and that this assistance can be made available while the Work for the Dole program continues.

4 That Council review the long term future of the reserve and its management with the Talarm Hall Committee giving consideration to the removal of any infrastructure and returning the area to a natural reserve.

5 Council continue the progressive installation of warning signs to the outlying reserves along the river estuary which would include the Welsh Pioneer Reserve if the reserve was to remain open for public use.

It is understood that the Talarm Hall Committee of Management attempted to arrange a sub-committee comprised of residents to look after the park but this didn’t really work and ultimately a small number of residents took responsibility for looking after the park, with considerable assistance from a “Work for the Dole” team which undertook the mowing.

However the “Work for the Dole” team which comprised up to 7 people 4 days per week ceased mowing reserves in Valla Beach, Nambucca Heads and also the Gumma camp ground and Welsh’s Pioneer Park in approximately September last year. It is understood that in an endeavour to increase skill levels, the Australian Government directed Work for the Dole teams to reduce general mowing and brush-cutting activities and undertake other activities instead.

Currently within the Shire there are only one or two Work For the Dole team members undertaking parks maintenance at Coronation Park one day per week under the tutorage of expert volunteer groundsman Trevor Keast. Besides the on-going work at Coronation Park, since the termination of the Work for the Dole mowing teams the only Work for the Dole assistance to Council has been a team which did good work in painting the Macksville Aquatic Centre in late 2016.

Since about September 2016, the same small group of residents based at Talarm have taken over the mowing as well as the other maintenance responsibilities at the Welsh Pioneer Park. Unsurprisingly the amount of work required has exceeded the capacity of the residents and one of them has now contacted Council and requested that Council take over responsibility. This puts Council back where it was two years ago with the work required exceeding the capacity of volunteers.

Council staff have now considered the costs of maintaining the park with a combination of contractors and paid staff. The cost estimates are set out in the following table.

Item	Cost	No. of times per year	Annual Cost
Mowing	$220 per mow (contractor)	Depends on season but say 28	$6,160
Toilet Cleaning & Rubbish removal	$150 (town services)	Weekly – 52 times per annum	$7,800
Sundry maintenance & vandalism repair	Allowance		$5,000
Total			Say $19,000

If Council was to take over the maintenance of the park there are some issues with its location which add to costs and risk. The park is reasonably remote from the existing parks maintained by Council. The costs of garbage collection and amenity cleaning will be significantly greater due to the travel time. However the greater risk is that staff will be responding to complaints about cleanliness, lack of toilet paper, illegal dumping and the like resulting in more than a weekly visit.

Also the park has poor passive surveillance. In the past this has contributed to issues with illegal dumping and also the theft/misuse of water in the rainwater collection tank underneath the large shelter. On-site water collection is required for toilet flushing otherwise town water has to be trucked in.

Some of the existing infrastructure is not in good condition. In particular the rainwater collection tank is likely to require replacement in the short term. The concrete landing which was constructed for canoe launching has been the subject of erosion is now more of a hazard than a help. The replacement of infrastructure being a capital expense has not been included in the maintenance costs listed in the table.

CONSULTATION:

There has been consultation with Council’s Green Space Coordinator in relation to mowing costs. There has been consultation with Council’s Technical Officer – Assets in relation to maintaining the park’s infrastructure.

Council’s Management Executive Committee has discussed the options.

There has been consultation with Mrs Judy Liddell who represents the residents who have been maintaining the park. Mrs Liddell’s husband was one of the volunteers who assisted building the park’s infrastructure.

SUSTAINABILITY ASSESSMENT:

Environment

At this stage there are no implications for the environment.

Social

It is expected that there will be objections from park users and previous volunteers in relation to any proposal to close the park or to revert it to a natural reserve through the removal of infrastructure and bush regeneration.

Economic

There are no significant economic issues.

Risk

As with all boat launching areas there are risks to Council with potential negligence claims from trips and falls. The park presents obvious risks in terms of vandalism and the theft. The age of much of the infrastructure is such that Council will also have financial risks associated with its replacement.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there is no budgetary impact, but it is flagged that there would be a reasonably significant expense of at least $19,000 per annum if Council were to accept responsibility for the maintenance of the park.

Source of fund and any variance to working funds

There may be some impact on working funds to undertake maintenance pending the resolution of the matter.

Service level changes and resourcing/staff implications

The service level implications of taking over the maintenance of the park are discussed in the report.

Attachments:

1	5575/2017 - Welsh's Park 1
2	5577/2017 - Welsh's Park 2
3	5578/2017 - Welsh's Park 3
4	5579/2017 - Welsh's Park 4
5	5580/2017 - Welsh's Park 5

Ordinary Council Meeting 23 February 2017

General Manager's Report

ITEM 9.15 SF2243 230217 December 2016 Budget Review

AUTHOR/ENQUIRIES: Craig Doolan, Manager Financial Services

Summary:

General Fund: Taking into account revotes from the previous year, this review revises the net operating result for 2016/17 to a surplus of $92,300 and varies Current Liquid Equity to $2,971,500, an improvement of $78,500 since the Original Budget. The predicted result takes into consideration the ‘non cash’ increase of $554,800 in estimated depreciation expense included with this review.

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,600,000 above the minimum level as per Council’s policy.

Water Supplies: Taking into account revotes from the previous year, this review revises the net operating result for 2016/17 to a surplus of $68,000 and varies Current Liquid Equity to $2,999,800, an improvement of $30,600 since the Original Budget. The predicted result takes into consideration the ‘non cash’ increase of $38,800 in estimated depreciation expense included with this review.

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,900,000 above the minimum level as per Council’s policy.

Sewerage Services: Taking into account revotes from the previous year, this review revises the net operating result for 2016/17 to a surplus of $1,200 and varies Current Liquid Equity to $2,981,300, a decline of $6,500 to the Original Budget. The predicted result takes into consideration the ‘non cash’ increase of $17,900 in estimated depreciation expense included with this review.

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $2,300,000 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 5 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 2016/17 year as at the 30 September 2016. Also on page 5 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. Council’s contracts register is presented on pages 6-11 of the budget review document.

The circularised document has also been attached to this report so that the business paper is complete record.

Recommendation:

1. That the budget review for the quarter ended 31 December, 2016 be received.

2. That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

3. That Council purchase the LG Solutions Year End Template ‘GL Auto Update’ package at a cost of $12,000.

OPTIONS:

Not applicable.

DISCUSSION:

GENERAL ACTIVITIES.

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated net current liquid equity surplus is $2,971,500 inclusive of internal loans.

The original 2016/17 budget forecast a net operating surplus of $13,800. Items revoted from 2015/16 amounted to $1,163,500. The balance of internal loans borrowed from current liquid equity was $1,513,500.

The September review predicted a $142,000 decline in the 16/17 result. Taking into account the ‘non cash’ increase of $554,800 in estimated depreciation expense, this review sees a ‘working funds’ improvement of $220,500 to September and an improvement of $78,500 on the original budget.

One of the major contributors to the improved result at this review is an additional $142,000 in Waste Facility Tipping Fees. This once again is a result of the quantity of material coming from the new highway construction. Potentially however the landfill cells will reach capacity in a shorter period and require rehabilitation sooner but at this stage enough capacity remains to cater for the disposal.

General Fund plant purchases have been reduced by a net $75,000 as items from both Water and Sewer Funds were incorrectly included in the original budget. Offsetting this figure slightly is the need to include $39,000 for a Trimble M Series Grader installation kit and control box.

Interest on investments has also been analysed with this review and revised upwards of $38,000. Unbudgeted and received during October was the final employer incentive payment of $15,000 under the JobCover Placement Program. Another income item requiring inclusion was Road Closure Fees of $20,000 which were omitted from the original budget.

Due to the time available in the current financial year and the need to revise the framework for this year’s Integrated Planning and Reporting process, the allocation of $30,000 for the Civica ‘Biz’ module is recommended to be deferred to the 17/18 budget where it is expected to drop in price significantly due to an expected increase in its rollout, this will possibly be offset slightly at the March Budget Review with a proposal that Council purchase LG Solutions cloud based Year End Template ‘GL Auto Update’ software at a cost of $12,000 to streamline year end mapping of councils general ledger to the financial statements.

Offsetting the income increases and savings mentioned above, was an inclusion of $23,000 for Fire Trail Maintenance missed with original budget, also Roads & Bridges employee training of $12,000 was not separately itemised with the original budget. Supervisory vehicle costs of $20,000 to domestic waste management were underestimated primarily due to the recent variation of commuter use to a private use lease arrangement. The kitchen at the Nambucca Heads library necessitates replacement due to white ant activity, this along with back to base security installation and physical barriers to prevent further break and enters at the library requires a variance to the budget of $10,000.

WATER SUPPLIES.

Water Supplies estimated current liquid equity surplus is $2,999,800.

The original 2016/17 budget forecast a net operating surplus of $37,400. Items revoted from 2015/16 amounted to $50,000.

The September review predicted a $7,400 decline in the 16/17 result. Taking into account the ‘non cash’ increase of $38,800 in estimated depreciation expense, this review sees a “working funds’ improvement of $38,000 to September and an improvement of $30,600 on the original budget.

By 30 June pump stations are expected to realise $50,000 in energy savings. With regard to the revised calculation on interest on investments Water is expected to generate an additional unrestricted $32,700 in interest revenue.

The above were offset to a degree by the need to include the net replacement cost of $40,000 for a Mini Bobcat Excavator shown in General Fund for the original budget.

SEWERAGE SERVICES.

Sewerage Services estimated current liquid equity surplus is $2,981,300.

The original 2016/17 budget forecast a net operating surplus of $7,700. Items revoted from 2015/16 amounted to $122,000.

The September review predicted a $10,000 decline in the 16/17 result. Taking into account the ‘non cash’ increase of $17,900 in estimated depreciation expense, this review sees a ‘working funds’ improvement of $3,500 to September and an improvement of $6,500 on the original budget.

Unrestricted interest of $40,000 is expected for Sewerage. A utility plant purchase of $35,000 previously shown in General at the Original Budget has now been included with this review. These were the only major variations with this budget review for Sewerage Services.

CONSULTATION:

General Manager

Assistant General Managers

Responsible Officers

Accountant

SUSTAINABILITY ASSESSMENT:

Environment

There are no significant environmental implications.

Social

There are no significant social implications.

Economic

There are no significant economic implications.

Risk

There are no identified risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report and attachment indicates the budgetary implications.

Source of fund and any variance to working funds

The report indicates the implications for working funds.

Service level changes and resourcing/staff implications

There are no service level/staff implications.

Attachments:

1	5740/2017 - Budget Review CLR Dec 16
2	5742/2017 - Budget Review Var5K Dec16
3	5743/2017 - Budget Review Investments&Consult Dec16
4	5744/2017 - Budget Review contractsregister Dec16
5	5745/2017 - Budget Review reportpivottable Dec16

Ordinary Council Meeting 23 February 2017

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1676 230217 Capital Works Report - December 2016

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Simon Chapman, Civic Services Coordinator; Matthew Leibrandt, Manager Infrastructure Services; Keith Williams, Manager Technical Services; Terri Brown, Engineering Support Officer; Richard Spain, Manager Water and Sewerage

Summary:

This report provides Council with a quarterly report on the Capital Works Program for the second quarter of the 2016/2017 financial year with expenditure YTD week ending 30 January 2017

Recommendation:

1 That the Capital Works Report for the second quarter of the 2016/17 financial year ending 31 December 2016 and expenditure YTD week ending 30 January 2017 be received and noted.

2 That Council allocate an amount of $50,000 from sewer reserves in the 2016/17 financial year for the purchase of a pipe inspection camera.

3 That Council endorse the variations to the budget allocations as outlined within the water and sewerage section.

4 That Council reduce the allocation on WO 2743 Graces Road gravel re-sheet program by $48,000.00- and include an additional capital works for WO 2840 Taylors Arm Road for $48,000.00.

5 That Council place the allocation of $271,000.00 for Browns Bridge into a bridge reserve for funding towards the 2017/18 bridge replacement program.

6 That Council reallocate the amount of $10,500.00 on WO 2747 Ridge Street Nambucca Heads to the next urban street identified for a reseal.

7 That Council reallocate the funding of $30,000 from the 2016/17 budget for the planned purchase of a Parks and Gardens Trailer which is no longer required, to go towards the purchase of two (2) tractors and two (2) out front mowers for the Green Space Team.

OPTIONS:

Receive the report.

DISCUSSION:

Comments from Assistant General Manager Engineering Services:

Weather has generally proved favourable with the delivery of the works program in the second quarter of this financial year with a substantial amount of the work concentrated on the maintenance of rural gravel roads and not on the capital road works which is programed for the third and fourth quarter of the financial year. The hot dry weather is impeding on the ability to get water for maintenance grading and the team will concentrate on delivering the gravel re-sheeting program in the third and fourth quarter.

Revotes for 2015/16 financial year

The 2015/16 revotes have been completed in the second quarter of this financial year.

THE CAPITAL WORKS REPORT IS PRESENTED FOR THE PERIOD ENDING 31 DECEMBER 2016:

This current review reflects the second quarter of the 2016/17 financial year with expenditure reported to 30 January 2016.

Bridge replacement program:

Council have continued with the level two bridge inspections with six bridges to be completed in February which has provided an in-depth review of all the timber bridges for the development of a long term maintenance strategy and identified the bridges for inclusion within the four year delivery program. Wherever feasible we continue to recover old bridge components to get timber that we can recycle and use in the parks as bollards.

The bridge program is progressing well and will be completed this financial year with the exception of Browns Bridge which was subject to a series of Council reports as to whether it will be replaced. The actual bridges have been completed with the exception of the sealing of the approaches to the concrete bridge abutments.

Council resolved at its meeting on 9 February to consider Browns Bridge as part of Council’s four year delivery program commencing in 2017/18. Following the decision of Council it is recommended to place the allocation of $271,000.00 into the bridge reserve to use the funding towards the 2017/18 bridge replacement program.

Note #1 Bradleys Bridge - Council allocated an additional amount of $154,000 within the 2016/17 financial year as a “betterment component” to build a concrete structure.

Note #2 Colemans Bridge allocated an amount of $80,000 within the 2016/17 financial year from working funds.

Note #3 Browns Bridge the expenditure of $45778.00 shown is a committed expenditure for materials which will be now be cancelled and some geotechnical expenditure.

Rural and urban road rehabilitation program:

The capital road works program will be completed this financial year with the exception of the Bowraville/ Bellingen Road. The majority of the capital works will be commenced in February and continue to the end of June via a combination of Council day labour and contractors.

Council awarded a contract in December 2016 for works on the remediation of landslips and drainage caused in 2009 on the Bowraville/ Bellingen Road. The contractor is set to commence in March following concern of a high bushfire danger season in the area which would hinder the escape of residents in the event of a fire with plant and machinery or the road pavement opened up. At this stage the remediation will be completed, however there is a substantial amount of pavement to be completed once the contractor finishes the landslip remediation and it is forecast that a revote will be required to carry forward some expenditure into 2017/18 financial year as the pavement gravelling will not be fully completed by 30 June requiring a revote. The forecast of the revote amount will be reported in the third QBR

The funding provided for the Bowraville/ Bellingen Road is a once off payment to open the road to facilitate emergency access and Council day labour are eligible to do the road pavement works. The road works have now been scheduled into the capital works program in addition to the adopted program to coincide with the capital rehabilitation works on the Bellingen Road adjoining Blackberry Lane.

Works on Gumma Road and stage two on Scotts head Road have been completed and awaiting sealing invoices. At the time of preparing this report the construction gang have recommenced work on stage three of Scotts Head Road.

Council has booked the contractor to undertake the following program with work set to commence in April

Unsealed Roads gravel re-sheet program:

This is the first year of a formal gravel re-sheeting program within capital works and will be completed within this financial year. After a number of trials and experiments with gravel, an appropriate gravel mix specification has now been adopted that provides longer term performance on our unsealed road network.

Graces Road was subject to natural disaster funding within the June 2016 and the allocation has been reduced to reflect the pavement repair and redirected to Taylors Arm Road.

Sealed rural and urban road heavy patching program:

Contractors for the heavy patching program have been booked and will commence the program in April with all works to be completed this financial year.

Urban and rural sealed road reseal program;

All preliminary repairs and maintenance on the shoulders, pavement and K&G have been completed in preparation for the re-seal program. The bitumen and asphalt contractors have been booked and will commence the program in mid-February with all works to be completed by the end of March.

The section of pavement on Ridge Street WO 2747 has deteriorated past a reseal, and is to be transferred into the urban street rehabilitation program. It is recommended that the allocation of $10,500.00 be reallocated to the next urban street identified in the reseal program.

Flood damage restoration program:

Changes to the conditions for natural disaster funding does not allow for Council day labour to be used for the remediation works.

April 2015 flood event:

Council’s natural disaster funding for the flood event that occurred in April 2015 was approved and reported to Council. The value of the claim was $1,883,500.00 and was split over two financial years with only the major landslip remedial works to be completed this financial year.

Council awarded the contract in December 2016 and at the time of preparing this report the majority of work has been completed on the North Arm landslips by the contractor. Council day labour has completed the work at chainage 25.7km being a small 10m long concrete bridge structure instead of box or reinforced concrete pipe culverts with all rehabilitation works scheduled to be completed by April.

June 2016 flood event:

Council’s natural disaster funding application for the flood event that occurred in June 2016 has only just been assessed by the RMS and reported to Council with works being programmed to commence by contractors in March in order to have the program completed this financial year.

The value of the claim was $1,072,354.00.

Miscellaneous Works:

Main Beach: The upgrades to Main Beach Nambucca Heads access improvements and beach remediation have been completed with the exception of the June 2016 natural disaster funding for the car park embankment

Adin Street drainage and footpath work: The drainage works associated with the Adin Street detention basin have been subject to change from external parties over the past two years, however at the time of preparing this report the detention basin has been constructed with a retaining wall and minor concrete works and the vegetation planting programmed.

The detention basin and drainage works are funded by the Crown via a private works arrangement to which an invoice will generated to the Crown for payment in the 2016/17 financial year. All works will be completed this financial year and a further revote will not necessary for this project.

Disposal of Council owned surplus materials – An auction of surplus plant, equipment and materials is scheduled for the end of March. All plant and materials must be sold in a safe condition and must comply with Work Health and Safety requirements and Workcover Code of Practice.

A reserve has been set for the plant, and if they are not sold at this sale, they will be sent to a regional auction for disposal

The reclaimed bridge materials will not be included in the auction, and will be stored for reuse in Council parks and reserves. Where feasible, consideration is being given to the reuse of materials rather than waste.

WATER & SEWERAGE:

A budget item was allocated for the provision of real time monitoring on the Nambucca River to better satisfy of Council’s Adaptive Management requirements for the operation of Bowra Dam. Final quotes for this work were slightly higher than original estimated cost and Council will be required to do some work including installation of poles for telemetry equipment and under boring road cable crossings. Additional funding is required to cover this work and can be sourced from savings in pumping costs.

The project to augment the Bowraville STP treatment process to polish the wastewater for compliance with current recycled water guidelines is proceeding at a slower rate than expected. The Concept Design for the works is only just nearing completion and will have to be submitted to the DPI Water for Section 60 approval prior to proceeding to tender for the proposed design and construct contract.

It is very unlikely that any construction work will take place this financial year however it is proposed to finalise the purchase of the sand filter and UV system that is Principal supplied items.

The design and construct contract for the South Nambucca Pressure Sewerage Project has been awarded and construction works are expected to be completed this financial year. Higher tender prices than originally estimated as well as changes to the pump stations to be used for commercial sites means that additional funding is required for this project. The preferred pump stations have a higher flow rate and larger detention time reducing Council’s risk of having an overflow occur in the event of a failure.

As part of the work to migrate Council’s telemetry system over to the ClearSCADA network, sewage pump station switchboard upgrades were proposed. However a number of sites were considered to require complete replacement as they did not comply with current standards and presented a safety risk to Council. Additional funding is required to cover the cost of this work.

It was proposed to complete upgrade works on the aeration system at Scotts Head STP. A second hand unit was sourced from Tweed Heads for the cost of transport. This has been stored at the STP to use as parts when failure is imminent rather than completing the original replacements

Council has completed the repair of an effluent transfer pump at Macksville. Two more pumps are in need of refurbishment however these were scheduled for next year after the cost was established from the work on the first pump. These pumps could now be repaired this year using the Scotts Head allocation.

Council has also completed sewer relining works in Kings Point, Macksville and has some remaining funds in the sewer rehabilitation budget. We are looking at options to complete more relining works however these contractors can be difficult to get on site and there is a chance the funds will not be spent.

The following table summarises the requested variations to the 2016/17 capital works budget. All amendments can be complete without an increase in the overall water or sewerage budget allocations

ITEM	DESCRIPTION	COMMENTS	VARIATION
W2012	Off River Storage	Real time monitoring	+$20,000 (from W1622)
W2325	Bowraville STP Recycled Water System Upgrade (	Project is proceeding at slower than expected rate and as a result construction works will not proceed this financial year	-$230,000 ($15,000 to be reallocated to W1690 and $160,000 to W2685)
W1982	Pump station Improvements)	Additional expenditure required to cover replacement of switchboards	+$15,000 (from W2325)
W2685	Pressure Sewerage System – South Nambucca Heads	Higher than estimated tender prices and change in pump station type for commercial sites.	+$160,000 (from W2325)
W2786	Sewerage Infrastructure Renewals at Scotts Head STP	Savings from sourcing second hand aeration units so that spare parts can be used when necessary	-$25,000 (reallocate to W2787)
W2787	Sewerage Infrastructure Renewals at Macksville STP	Two pumps scheduled for repair next year can be moved forward.	+$25,000 (from W2786)

Sewerage Equipment:

The opportunity has arisen to purchase a high quality crawler camera to carry out inspections of sewer and stormwater pipework. Staff from Ryde City Council recently visited Nambucca Shire Council to review the Reflect system we use for maintenance management. One of the asset management issues Council has is the condition assessment of underground sewer and stormwater pipe infrastructure and during the course of the Ryde City Council visit they mentioned that they had a brand new camera system that they do not use and would be prepared to sell it Council for a highly reduce price.

Details of the equipment have been forwarded to Council and it is very versatile and able to be used in pipes from 150 to 1000 mm. This makes it suitable for use in both sewer and stormwater pipes. Council’s current CCTV inspection equipment is a push rod system that is fairly basic and can be difficult to push over longer pipe lengths. It is also not suitable for larger diameter stormwater pipes

The retail value of the equipment at the time of purchase was approximately $80K and the asking price that has been negotiated is $50K The camera has not been used and is surplus to the needs of the Ryde City Council

PLANT REPLACEMENT 2016/17:

The Following vehicles have been replaced as part of the 2016/17 program:

· 5534 - Manager Financial Services

· 5514 - Manager Assets

· 5681 - Manager Development and Environment

· 5745 - Senior Planner

· 5553 - Manager Business Services

· 5812 - Structures Co-ordinator

· 5735 – Shared Ranger

· 5831 - Bitumen Utility

· 5921 - Bridges Utility

· 5138 – Tipping Truck

· New – Water Tank

· 5249 – Zero Turn Mower

· 5246 – Zero Turn Mower

· 5641 - Civic Services Coordinator

· New - Trailer

· New - Water Utility

· 5624 - Water and Sewerage Engineer

As advised in the September report, resale values of the Holden Captiva’s have been disappointing and well below the expected trade budget, however purchases under the newly adopted NSW State Government’s Procurepoint Motor Vehicle Prequalification Scheme has seen the majority of purchase prices below budget. This has allowed for a budget surplus of $3,714.51, however with two light vehicles to be replaced and sold, one of which being a Holden Captiva, this surplus may well be used to cover the anticipated poor sale price of the Captiva.

Green Space mower and slasher replacement – The operations review as reported to Council in the September 2016 QBR, is now complete. This review has confirmed that the purchase of the planned parks trailer is no longer required and the funds allocated for the trailer can been reassigned to purchase the new tractors and mowers. This has enabled the purchase of tractors and mowers which are more suited to the mowing and slashing works required to be undertaken and utilise the plant trailer purchased for sewerage operations.

Water tank and truck – The water tank has been ordered and is currently being fitted which should be completed by late February 2017.

The new truck and body has been ordered with the expected delivery date in April 2017.

The remaining plant items awaiting replacement are all heavy vehicles and machinery.

Below is a table highlighting the costs of the completed vehicle replacements to date:

Plant No.	Budget Purchase $	Estimated Trade $	Estimated Changeover $	Actual Purchase $	Actual Trade $	Actual Changeover $	Changeover Over/Under $
5534	30,500	12,000	18,500	28,207.27	9,139.54	19,067.73	-567.73
5514	30,500	12,000	18,500	29,096.59	9,944.09	19,152.50	-652.50
5681	30,500	12,000	18,500	26,719.36	6,216.81	20,502.55	-2,002.55
5745	30,500	12,000	18,500	29,075.45	15,044.09	14,031.36	4,468.64
5553	30,500	15,000	15,500	27,583.00	7,671.36	19,911.64	-4,411.64
5812	29,000		29,000	32,019.50		32,019.50	-3,019.50
5735	40,000		40,000	37,737.50		37,737.50	2,262.50
5831	29,000	5,000	24,000	28,751.00	9,200.00	19,551.00	4,449.00
5921	35,000	15,000	20,000	34,481.82	26,400.00	8,081.82	11,918.18
5138	200,000		200,000	204,128.00		204,128.00	-4,128.00
New	50,000		50,000	65,342.00		65,342.00	-15,342.00
5249	23,500	3,000	20,500	21,100.00	5,000.00	16,100.00	4,400.00
5246	23,500	3,000	20,500	21,100.00	5,000.00	16,100.00	4,400.00
5641	30,500		30,500	28,650.91		28,650.91	1,849.09
New	35,000		35,000	33,367.00		33,367.00	1,633.00
New	35,000		35,000	30,874.00		30,874.00	4,126.00
5624	30,500	10,000	20,500	26,719.36	6,989.54	19,729.82	770.18
	713,500	99,000	614,500	704,952.76	100,605.43	604,347.33	10,152.67

CONSULTATION:

General Manager

Assistant General Manager Engineering Services

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Civic Services Coordinator

Engineering Support Officer

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues associated with this report.

Social

There are no social issues associated with this report.

Economic

There are no economic issues associated with this report.

Risk

There is no risk issues associated with this report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be a minor impact on the current budget with the forecasted revotes.

Source of fund and any variance to working funds

Sources of funds are across a various range of functions.

Service level changes and resourcing/staff implications

There are no changes to service levels or implications to resourcing or staff.

Attachments:

There are no attachments for this report.

1	3909/2017 - Native Title Application Gumbaynggirr People #3 Cadastral Plan
2	3910/2017 - Letter to General Manager
3	3911/2017 - Native Title Application Schedule Extract
4	3912/2017 - Native Title Application Gumbaynggirr People #3

MEETING	DATE	VENUE	COMMENCING
Ordinary Council Meeting	12 January	Council Chambers	5.30 PM
Ordinary Council Meeting	26 January	Australia Day Public Holiday
Ordinary Council Meeting	9 February	Council Chambers	5.30 PM
Ordinary Council Meeting	23 February	Council Chambers	5.30 PM
Access Committee	28 February	Council Chambers	2.00 PM
Audit Risk & Improvement	8 March	Council Chambers	10.00 am
Ordinary Council Meeting	16 March	Council Chambers	5.30 PM
Access Committee	28 March	Council Chambers	2.00 PM
Ordinary Council Meeting	30 March	Council Chambers	5.30 PM
Ordinary Council Meeting	13 April	Council Chambers	5.30 PM
Access Committee	25 April	ANZAC DAY
Ordinary Council Meeting	27 April	Council Chambers	5.30 PM
Ordinary Council Meeting	11 May	Council Chambers	5.30 PM
Access Committee	23 May	Council Chambers	2.00 PM
Ordinary Council Meeting	25 May	Council Chambers	5.30 PM
Audit Risk & Improvement	14 June	Council Chambers	10.00 am
Ordinary Council Meeting	15 June	Council Chambers	5.30 PM
Access Committee	27 June	Council Chambers	2.00 PM
Ordinary Council Meeting	29 June	Council Chambers	5.30 PM