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Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

Our Vision Nambucca Valley ~ Living at its best.

Our Mission Statement

‗The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.‘

Our Values in Delivery Effective leadership

Strategic direction

Sustainability of infrastructure and assets

Community involvement and enhancement through partnerships with Council

Enhancement and protection of the environment

Maximising business and employment opportunities through promotion of economic development

Addressing social and cultural needs of the community through partnerships and provision of facilities and services

Actively pursuing resource sharing opportunities

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

How can a Member of the Public Speak at a Council Meeting?

1 Addressing Council with regard to an item on the meeting agenda:

Members of the public are welcome to attend meetings and address the Council. Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 2 Public forum address regarding matters not on the meeting agenda:

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

Speakers should address issues and refrain from making personal attacks or derogatory remarks. You must treat others with respect at all times.

Meeting Agenda

These are available Council‘s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL ORDINARY COUNCIL MEETING - 11 JUNE 2015 Acknowledgement of Country (Mayor)

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

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 28 May 2015 .............................................................................................6

5 NOTICES OF MOTION

5.1 LGNSW Annual Conference Call for Motions ..........................................................................16

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 ........................................................................................... 17 9.2 Anzac Day 2015 ...................................................................................................................... 26 9.3 Review of Policy on the Payment of Section 64/94 Developer Contributions ........................ 31 9.4 Nambucca Entertainment Centre - Request to Change Name to "The Nambucca

Community and Arts Centre" .................................................................................................. 43 9.5 Issues Arising from a Compliance Audit of Council's Eligibility for a Dividend from its

Water and Sewerage Operations ............................................................................................ 46 9.6 Transfer of Eungai Pre-School ................................................................................................ 52 9.7 Change to Natural Disaster Relief and Recovery Funding Arrangements ............................. 55 9.8 Outstanding DA's greater than 12 months, applications where submissions received not

determined from 21 Mayl 2015 to 3 June 2015 ...................................................................... 61 9.9 2015 May - Development and Complying Development Applications Received ................... 62 9.10 2015 May - Construction And Complying Development Certificates Approved .................... 65 9.11 Public Forum - Removal of Registered Nurses from Nursing Homes .................................... 70 9.12 Local Government Reform - Position of United Services Union (USU) .................................. 73 9.13 Review of Council's Organisation Structure ............................................................................ 81 9.14 Council Ranger's Report May 2015 ........................................................................................ 92 9.15 Report on the use of motels for long term accommodation .....................................................95

10 ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

10.1 Draft Integrated Planning and Reporting Documents ............................................................. 98 10.2 Investment Report To 31 May 2015 .......................................................................................120

11 ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

11.1 Tender T007/2015 for Construction of a Recreation Room at Macksville Memorial Aquatic Centre........................................................................................................................125

12 GENERAL MANAGER'S SUMMARY OF ITEMS TO BE DISCUSSED IN CLOSED MEETING

12.1 Assistant General Manager Engineering Services - Request to Renew Contract

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

12.2 Tender T007/2015 Construction of a Recreation Room at Mackvsille Memorial Aquatic

Centre

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

12.3 Dog Breeding at 83 Old Coast Road, North Macksville

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

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

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

NAMBUCCA SHIRE COUNCIL

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting:

Meeting Date:

Item/Report Number:

Item/Report Title:

I declare the following interest:

(name)

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

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

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

For the reason that

Signed Date

Council‘s Email Address – [email protected] Council‘s Facsimile Number – (02) 6568 2201 (Instructions and definitions are provided on the next page).

mailto:[email protected]

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).

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

ALSO PRESENT Michael Coulter (General Manager) Scott Norman (AGM Corporate Services) Paul Gallagher (AGM Engineering Services) Heather Leclercq (Minute Secretary)

DISCLOSURE OF INTEREST There were no disclosures of interest

CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING SUBJECT: CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING 14 MAY 2015

834/15 RESOLVED: (Flack/Smyth)

That the minutes of the Ordinary Council Meeting of 14 May 2015 be confirmed.

DELEGATIONS

RECOMMENDATION That the following delegations be heard: 9.6 DA2015/032 Proposed 25 Lot Subdivision of Existing Dwellings – Gumbayngirr Road Bowraville

i) Phillip Hall on behalf of Bowraville Local Aboriginal Land Council (second)

ii) Julia Strano on behalf of NSW Aboriginal Land Council will speak in favour (first)

9.9 Amended Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

i) Kristy Lee

ITEM 9.6 DA2015/032 280515 DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

835/15 RESOLVED: (Ainsworth/Flack) 1 That Council as the consent authority, pursuant Section 80 of the Environmental Planning

and Assessment Act 1979, grant consent for Development Application 2015/032 for a 25 lot subdivision of Lot 208 DP 755537 - Gumbayngirr Road, South Arm, subject to the schedule of conditions outlined in an attachment to this report.

2 That the Bowraville Local Aboriginal Land Council be advised that prior to the transfer of ownership of any lots that consideration be given to:

a. the merits of the Bowraville LALC continuing to own housing which it can continue to

make available to Aboriginal people. b. the on-going ability for any new owners to pay rates to Nambucca Shire Council, as

failure to pay may ultimately result in Council selling the land for unpaid rates. If this were to occur the stock of housing available to Aboriginal people may diminish.

For the motion: Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack and

Ballangarry and Morrison. (Total 9)

Against the motion: NIL

ITEM 9.9 SF1852 280515 Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

836/15 RESOLVED: (Ainsworth/Morrison)

1 That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and Lot 188 DP755537 be forwarded to the Minster for an amended Gateway Determination. Highlighting the proposed changes to the planning proposal.

2 That, should the Department Of Planning and Environment allow the planning proposal to proceed the matter be reported to Council prior to exhibition. The additional report provide Council with more detailed information on the flood behaviour of Joffre Street which is presently being examined as part of Council Flood Risk Management Study.

For the motion: Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, and Morrison. (Total 6)

Against the motion: Councillors Smyth, Flack and Ballangarry

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 280515 Outstanding Actions and Reports

837/15 RESOLVED: (Ainsworth/Ballangarry) That the list of outstanding actions and reports be noted and received for information by Council.

ITEM 9.2 SF839 280515 Annual Reporting of Contracts for Senior Staff

838/15 RESOLVED: (Flack/MacDonald) That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

ITEM 9.3 SF1856 280515 Financial Assistance Grants to Local Government

839/15 RESOLVED: (South/MacDonald) 1 That Council make representations to the Member for Cowper seeking the restoration of

Financial Assistance Grants indexation. 2 That LGNSW and the ALGA be provided with a copy of Council’s correspondence.

ITEM 9.4 SF2094 280515 Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

840/15 RESOLVED: (Ainsworth/MacDonald) That the information concerning the proposed development and sale of the 13 lot subdivision of Lot 22 DP 1036142 Treleaven Street, Hyland Park be received.

ITEM 9.5 SF1699 280515 Report on Secondary Dwellings

841/15 RESOLVED: (Ainsworth/South)

That Council note the current operation of clause 5.4 (9) of the Nambucca Local Environmental Plan 2010.

That Council await a future planning proposal to be presented to consider including secondary dwellings within the land use table for the R5 Large Lot Residential zone and detached dual occupancies within the land use table for the RU1 Primary Production and RU2 Rural Landscape zones under the Nambucca Local Environmental Plan 2010.

That staff prepare amended Water Supply and Sewerage Development Servicing Plans and Section 94 Contribution Plans for Councils consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

ITEM 9.6 was dealt with under Delegations.

ITEM 9.7 SF2071 280515 World Rally 2015 - Status Report

MOTION: (Ainsworth/MacDonald)

1 That the information regarding World Rally 2015 be noted. 2 That Council allocate $10,000 from Working Funds towards the cost of building/developing an

access road to Taylors Arm Reserve. AMENDMENT: (Flack/Smyth) 1 That the information regarding World Rally 2015 be noted. 2 That the allocation of $10,000 from Working Funds be deferred pending further advice from World

Rally and a further report to Council. The amendment was lost. AMENDMENT: (Morrison/Ainsworth) 1 That the information regarding World Rally 2015 be noted. 2 That Council allocate $10,000 from Working Funds towards the cost of building/developing an

access road to Taylors Arm Reserve. 3 That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask

if they are willing to contribute to the cost of providing the road on the reserve. The amendment was lost. Councillor Smyth requested that her name be recorded as voting against the amendment because she disagreed with the unbudgeted ―allocation‖. AMENDMENT: (Smyth/Ballangarry) 1 That the information regarding World Rally 2015 be noted. 2 That Council make provision for $10,000 from Working Funds towards the cost of

building/developing an access road to Taylors Arm Reserve, if required by World Rally and if not, that consideration be given to the road in a future budget.

3 That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask

if they are willing to contribute to the cost of providing the road on the reserve. The amendment was lost. AMENDMENT: (Morrison/Ainsworth) 1 That the information regarding World Rally 2015 be noted. 2 That Council allocate $10,000 from Working Funds towards the cost of building/developing an

access road to Taylors Arm Reserve. 3 That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask

if they are willing to contribute to the cost of providing the road on the reserve. The amendment was carried and it became the motion and it was:. 842/15 RESOLVED: (Morrison/Ainsworth) 1 That the information regarding World Rally 2015 be noted. 2 That Council allocate $10,000 from Working Funds towards the cost of building/developing

an access road to Taylors Arm Reserve. 3 That Council approach World Rally and the Taylors Arm Reserve Committee of Management

to ask if they are willing to contribute to the cost of providing the road on the reserve.

ITEM 9.8 SF2037 280515 Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015

843/15 RESOLVED: (South/Smyth) 1 That Council’s Engineers look into the feasibility of erecting “Give Way To Traffic” signs at

the pedestrian refuges in Bowra Street Nambucca Heads, namely outside the Police Station, just below the Post Office, and outside Woolworths to warn pedestrians that they don’t automatically have right-of-way.

2 That the remaining minutes be endorsed.

ITEM 9.9 was dealt with under delegations.

ITEM 9.10 SF2031 280515 Nambucca Shire Council Centenary Year 2015 - Commemorative Board Acknowledging all Councillors and Staff who Served in Centenary Year

844/15 RESOLVED: (Flack/Ainsworth) That Council approve of the purchase of two commemorative boards and appropriate sign writing to showcase the Councillors and staff who served in Council Centenary Year – 2015.

ITEM 9.11 SF2038 280515 Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 Mayl 2015 to 20 May 2015

845/15 RESOLVED: (Flack/South) That the information be noted by Council.

ITEM 9.12 SF281 280515 Youth Week 2015

846/15 RESOLVED: (Flack/Ballangarry) That the information be noted.

ITEM 9.13 SF1148 280515 Council Ranger's Report April 2015

847/15 RESOLVED: (MacDonald/Flack)

That Council’s Ranger’s report for April 2015 be received and noted by Council.

ITEM 9.14 SF841 280515 Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

848/15 RESOLVED: (MacDonald/Smyth) The information concerning the response from the Parliamentary Secretary for Transport and Roads be received.

ITEM 9.15 SF1480 280515 Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

849/15 RESOLVED: (Morrison/Ainsworth) The matter be deferred to the next Council meeting.

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.1 SF102 280515 Cycleway Plan Review

850/15 RESOLVED: (Ainsworth/Flack) That Council approve the Draft Cycleway Plan (2015) for public exhibition and community consultation.

ITEM 10.2 SF544 280515 Developer Contributions Plan Review: Surf Life Saving Clubs

851/15 RESOLVED: (Flack/Ballangarry) That Council adopt the Final Surf Life Saving Facilities and Infrastructure Developer Contributions Plan and it becomes effective from 4 June 2015 following public notification.

For the motion: Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry and Morrison. (Total 9)


ITEM 10.3 SF251 280515 Schedule of Council Public Meetings

852/15 RESOLVED: (Flack/MacDonald) That the schedule of dates for public Council meetings be noted and received for information by

Council.

ITEM 10.4 SF2025 280515 Fit For the Future Submission Update

853/15 RESOLVED: (Ainsworth/MacDonald) That Council note the report and Councillors provide any feedback to the Assistant General Manager Corporate Services prior to the drafting of the final submission.

ITEM 10.5 SF1999 280515 March 2015 Budget Review

854/15 RESOLVED: (MacDonald/Finlayson) 1 That the budget review for the quarter ended 31 March, 2015 be received. 2 That the recommended increases and decreases in votes be included as subsequent votes

for the financial year 2014/2015.

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 SF2033 280515 Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service

855/15 RESOLVED: (MacDonald/Flack) That Council receive and note the report.

ITEM 11.2 SF878 280515 Mid North Weight of Loads Group meeting - 9 March 2015

856/15 RESOLVED: (Flack/Ainsworth) 1 That Council receive and note the minutes of the Mid North Weight of Loads Group meeting

held on 9 March 2015. 2 That Council include the 3% increase for the Council member contribution for Mid North

Weight of Loads Group in the 2015/16 budget.

ITEM 11.3 SF904 280515 Coastal Public Safety Risk Assessment for the Nambucca Local Government Area

857/15 RESOLVED: (Smyth/Flack) 1 That Council receives and notes the report and the actions of Councils to date surrounding

the installation of appropriate signage at all beaches and access points in accordance with the Best Practice manual for signage.

2 That Council investigate a meeting with the Tourist Board, (as representatives from the

Tourist Operators) the Chamber of Commerce’s and SLA in the first instance to ascertain whether there is interest to continue with an annual meeting to discuss various beach safety matters and the dissemination of information to tourists.

ITEM 11.4 SF203 280515 NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage

858/15 RESOLVED: (Ainsworth/Finlayson) That Council note the information provided in the 2013/14 2 page Triple Bottom Line (TLP) Performance Report for Water Supply and Sewerage and the related Action Plans.

ITEM 11.5 LF6712 280515 Closure of Unformed Council Road Through Lot 189 DP 755564 - 344 Williams Hill Road Talarm

859/15 RESOLVED: (Finlayson/Morrison) That Council agree to the closure and sale to Mr N and Mrs F Matthew the entire length of unformed Council Road within Lot 189 in DP 755564 as shown on the plan attached to this report (subject to survey) provided that Mr and Mrs Matthew:

a) Enter into a formal and binding agreement with Council to pay all costs associated

with the closure and sale including (but not limited by) survey, legal, valuation and Council fees.

b) Consolidate the title of the closed road with their existing holding thereby creating one

(1) lot after the road closure has been finalised.

ITEM 11.6 T006/2015 280515 Tender T006/2015 for Construction of a Skate Park at Macksville Park

860/15 RESOLVED: (Flack/South) 1 That Council accept the conforming submission for T006/2015 Construction of a Skate Park

at Macksville Park from Precision Skate Parks Pty Ltd. 2 That Council update the Contract Register. For the motion: Councillors Hoban, South, MacDonald Ainsworth, Finlayson, Smyth, Flack, Ballangarry and Morrison. (Total 9)


ITEM 11.7 SF453 280515 Waste Management – Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy

861/15 RESOLVED: (Ainsworth/Finlayson) 1 That Council receives and note the information provided in the Coffs Coast Waste Service

Regional Waste and Resource Recovery Strategy report. 2 That Council nominates and appoints the Mayor, Cr Rhonda Hoban, to the Coffs Coast Waste

Services Regional Waste Committee. 3 That the General Manager, Assistant General Manager Engineering Services and Waste

Management Officer attend the Coffs Coast Waste Services Regional Waste Committee.

ITEM 11.8 SF1621 280515 Off River Storage Adaptive Management - River Monitoring Committtee

862/15 RESOLVED: (Ainsworth/MacDonald) That Council note the information provided on Adaptive Management for the off river storage and the proposed scheduling of the first meeting of the River Monitoring Committee meeting in late July or August 2015.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

863/15 RESOLVED: (Ainsworth/MacDonald) 1 That Council consider any written representations from the public as to why the Meeting should

not be Closed to the public. 2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed above. Reason reports are in Closed Meeting:

GENERAL MANAGER REPORT For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF791 280515 Valla Growth Area - Acquisition of Employment Land

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.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 T006/2015 280515 Tender T006/2015 Construction of a Skate Park at Macksville 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) (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.

CLOSED MEETING The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.40 pm.

RESUME IN OPEN MEETING

864/15 RESOLVED: (Ainsworth/South) That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.00 pm

FROM COUNCIL IN CLOSED MEETING

GENERAL MANAGER REPORT


ITEM 12.1 SF791 280515 Valla Growth Area - Acquisition of Employment Land

865/15 RESOLVED: (Finlayson/Ainsworth) That Council make an offer for the purchase of Lot 2 DP 1173066, 6857 Pacific Highway, Valla in accordance with the market appraisal referred to in the report.


ITEM 12.2 T006/2015 280515 Tender T006/2015 Construction of a Skate Park at Macksville Park

866/15 RESOLVED: (Ainsworth/Morrison) That Council note the tendered sums and assessment results enclosed for T006/2015 Construction of a Skate Park at Macksville Park.

CLOSURE There being no further business the Mayor then closed the meeting the time being 8.05 pm. Confirmed and signed by the Mayor on 11 June 2015 CR RHONDA HOBAN MAYOR (CHAIRPERSON)

Ordinary Council Meeting 11 June 2015

Document6 of 126

NOTICE OF MOTION

ITEM 0.0 SF2049 110615 LGNSW ANNUAL CONFERENCE CALL FOR MOTIONS

AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor SUMMARY: Local Government NSW is the peak industry association that represents the interests of all 152 NSW general purpose councils, 12 special purpose councils and the NSW Aboriginal Land Council. The LGNSW Annual Conference has been scheduled to take place from Sunday 11 - Tuesday 13 October 2015 at Rosehill Gardens Racecourse, James Ruse Drive, Rose Hill. Councils have been asked to consider whether they wish to submit motions for debate. Submissions close 24 August 2015. The Board of LGNSW has resolved that motions will be included in the Business Paper for the Conference where they:

1 are consistent with the objectives of the Association (see Rule 4 of the Association‘s rules);

2 relate to Local Government in NSW and/or across Australia;

3 concern or are likely to concern Local Government as a sector;

4 seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5 have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6 are clearly worded and unambiguous in nature; and

7 do not express preference for one or several members over one or several other members. It is recommended that individual councillors consider any matters they think meet the criteria and are worthy of putting forward. Councillors are requested to forward their motions and a brief summary of the reason behind the motion to the Mayor by COB 30 June 2015. All proposed motions will then be collated and reported to a council meeting for individual consideration. Those motions meeting the criteria and supported by Council will be forwarded to the Association for inclusion in the Conference Business Paper RECOMMENDATION: That Councillors forward proposed motions for the LGNSW Annual Conference Business Paper to the Mayor by COB 30 June 2015 for reporting back to Council for endorsement prior to submission to the Association. DISCUSSION: ATTACHMENTS: There are no attachments for this report.


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GENERAL MANAGER'S REPORT

ITEM 9.1 SF959 110615 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.

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SUMMARY OF MATTER A

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STATUS

MARCH 2011 1 DA2010/234 17/3/11 Council develop a policy as to

the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

GM Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan. At Council‘s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan. The inception meeting will be held on 5 February 2015 to commence the process. WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study. As at 29 May 2015 public consultation on the preparation of the Flood Risk Management Plan had commenced.

JULY 2011 2 SF1031 21/7/11 That the policy for Climate

Change Adaption be deferred to allow amendments to be made to the draft policy

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

AUGUST 2013

3 SF1031 14/08/13 That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely ―Tree Removal‖ (SF629) containing the 6D principles.

AGMES Report in September 2013. Deferred to October 2013. At the request of Cr Morrison this item has been deferred to the first meeting in November 2013. Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting. Staff on leave during December – deferred until February 2014. Deferred until April – Staff dealing with


ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

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landslips. Deferred until May 2014 Deferred until June 2014 Deferred until September 2014 and a report will be prepared on the outcome of the meeting. Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April. Deferred until September after the budget, restructure and staffing levels settle.

NOVEMBER 2013 4 SF642 28/11/13 That Council review both the

Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES Report to April 2014 meeting and will include the State change to Noxious Weeds Act. Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales. Report deferred to second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act. Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure. Now deferred to April 2015. Deferred until September after the budget, restructure and staffing levels settle,

DECEMBER 2013

5 SF1842 11/12/13 That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

GM The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice. Report produced. Media release issued before 13 November Council meeting. Second media release issued 20 May 2015.

AUGUST 2014

6 SF1148 14/08/14 That Council receive a report regarding nose to kerb parking including what other LGAs are doing in regard to

AGMES Report March 2015 Deferred until September due to resources as Manager Technical Services and relevant staff



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parking; the pros and cons of various ways of parking; and a parking strategy for Council‘s consideration.

have a number of large projects and assessments of development and highway upgrades. Proposed to work on first draft and present the document to Council for comment in September before going out to the public.

7 SF595 28/08/14 That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

GM March 2015 Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding. OEH Estuary Grant application submitted in March 2015 (project value $20,000). If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek. A funding announcement is expected in 2015/16.

SEPTEMBER 2014

8 SF399 26/09/14 Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of Councillors from 9 to 7 via a referendum.

GM Deferred to late 2015 (next LG general election scheduled for September 2016).

OCTOBER 2014

9 PRF72 16/10/14 Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

GM Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

10 SF688 16/10/14 Council give public notice of its intention to reclassify land shown as proposed lots 2 and 3 as operational land and undertake the required public hearing (land to the west of the Valla Beach Pre-School)

GM Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken. A report in the business paper to the meeting on 16/12/2014 regarding outcome of Valla Beach Community Association meeting and an alternative proposal was deferred at the request of the Pre-School. GM attended meeting at the Valla Beach Pre School on 27 January 2015. Awaiting advice from Pre School. Report to Council‘s meeting on 16 April 2015 concerning Pre-School.

11 SF952 16/10/14 Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

AGMES Report March 2015. Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May. Meeting with Lions Club on 4 March 2015. Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for



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comment. Draft PoM to be provided to Councillors and Lions Club for comment towards the end of September 2015

NOVEMBER 2014

12 SF1997 27/11/14 Council‘s Finance Section be asked to review, when time permits, Council‘s current liquid equity levels & their relationship to the minimum level of Council‘s policy.

AGMCS Early 2015.

DECEMBER 2014

13 SF929 11/12/14 Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed VIC from the proposed highway service centre.

GM Letters sent 18/12/2014 Response received from Bellingen Shire Council on 2 March 2015. As at 31/3/15 no response from CHCC. To be reported in June 2015.

14 SF247 11/12/14 There is a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.

AGMES Proposed for March 2015. Report deferred - Awaiting presentation from the Public Works (see item 24) and outcome of grants status before preparing a report. Funding application successful. Report in July 2015. Consideration being given to financing options.

JANUARY 2015

15 SF1541 29/01/15 Housekeeping amendments to Nambucca LEP 2010 (items c and d) is deferred for 2 months.

GM Report April 2015 Will incorporate requested report from meeting on 16 April concerning secondary dwellings. Deferred until May. Further deferral until June.

FEBRUARY 2015

16 SF843 26/02/15 Council write to Bellingen Shire Council inviting them to join the Beach Permit System.

AGMES Letter sent 5 March 2015

MARCH 2015

17 LF4225 12/03/15 2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton. And further, that Council requires an urgent definitive response to finalise the matter.

GM Letter written w/e 20/3/2015 Follow up letter written 21/05/15



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18 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.

GM Letter written w/e 20/3/2015

19 SF2049 26/03/15 Council write to the Premier of NSW expressing Council‘s support for the recommendations resulting from the Law and Justice Committee‘s Inquiry into the Bowraville murders and asking that they be implemented as a matter of urgency.

GM Letter signed by Mayor and sent on 30/03/15 The NSW Attorney General, Gabrielle Upton has now announced that the former Supreme Court judge James Wood will undertake a review of double jeopardy laws which have to date prevented the cases being heard together. The NSW Government has also supported all of the recommendations of the recent inquiry by the Parliaments Law and Justice Committee. These recent announcements seem to have the support of the government, the Labor opposition and the Greens. It is pleasing that there is progress in this matter. Nothing will ever bring back the children but finding justice for them may bring some closure for the grieving families.

APRIL 2015

20 SF848 16/04/15 That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.

AGMCS Report to June Council meeting

21 SF2049 30/04/15 Council receive a report on the use of motels for long term accommodation addressing such issues as the maximum length of stay, any required facilities for longer term accommodation and the details of any inspection regimes or compliance checks.

GM Report to June Council meeting

22 SF2049 30/04/15 Council write to the NSW Attorney General seeking details of the number of parolees rehomed in the Nambucca Valley, the

GM Letter sent 6/05/2015. A response has been received from the Commissioner of Corrective Services and is attached to this report.



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support provided for such people and the reason they are sent to an area with such high levels of unemployment, limited housing opportunities and minimal public transport.

23 SF959 30/04/15 That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council‘s questions regarding fishing matters in the Nambucca River … as listed in Council‘s letter on 19 February.

GM Letter sent 6/05/2015

24 2008/242 30/04/15 There be a further report to Council on a policy for the deferred payment of contributions as suggested and that it include a worked example of a Deed of Agreement for Mr Kerr‘s subdivision for possible adoption by Council.

GM Awaiting drafting of Deed of Agreement. Draft deed submitted 20 May 2015. Report in June 2015.

MAY 2015

25 SF2049 14/05/15 That Council write to the Min. for Emergency Services, David Elliott (cc Member for Oxley) requesting that the flood event April 30 to May 2 be declared a Natural Disaster.

GM Letter sent 20 May 2015.

26 SF972 14/05/15 That Council receive a report regarding the possibility of funding a part-time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.

GM Report August 2015

27 SF1699 28/05/15 Council await a future planning proposal to be presented to consider including secondary dwellings within the R5 Large Lot Residential Zone and detached dual occupancies within the RU1 Primary Production and RU2 Rural Landscape zones


28 SF1699 28/05/15 Staff prepare amended Water Supply and Sewerage Developer Servicing Plans and Section 94 Contribution Plans for Council‘s consideration which includes




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specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

ATTACHMENTS: 1 16089/2015 - Corrective Services response

Ordinary Council Meeting - 11 June 2015 Outstanding Actions and Reports

Attachment 1 - Corrective Services response

Ordinary Council Meeting - 11 June 2015 Outstanding Actions and Reports

Attachment 1 Corrective Services response


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ITEM 9.2 SF137 110615 ANZAC DAY 2015

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: A summary of the report is not required. RECOMMENDATION: That Council formally thank all of those involved in the Bowraville Anzac Day Committee for the outstanding job they did in organising the Centenary of Anzac Service at Bowraville. OPTIONS: The Council has discretion as to how it responds to the correspondence from the RSL Macksville Sub-Branch. DISCUSSION: The RSL Macksville Sub-Branch has forwarded the attached letter thanking Council for their support over the Anzac period. The Sub-Branch is particularly pleased with the new War Memorial in River Street and also requests that the Bowraville Anzac Day Committee get some official recognition from council for the outstanding job they did in organising the Centenary of Anzac service at Bowraville. The comments in relation to both the Dawn Service at Macksville and the main Centenary of Anzac service at Bowraville are agreed. The Bowraville service was very well attended with crowd estimates of 6,000 people with many positive comments being received in relation to the service and the speech made by the Mayor. CONSULTATION: There has been no consultation in preparing this report. SUSTAINABILITY ASSESSMENT: Environment There are no implications for the environment. Social Explaining the social importance of Anzac Day to the individual, our community and country has been most eloquently expressed in the Mayor‘s address to the Bowraville service which is attached. Economic There are no economic implications. Risk There are no risks.


ITEM 9.2 ANZAC DAY 2015

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FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets The report has no budgetary implications. Source of fund and any variance to working funds The report has no impact on working funds. Service level changes and resourcing/staff implications The report has no implications for service levels or resourcing. ATTACHMENTS: 1 14845/2015 - Letter of Appreciation 2 12200/2015 - Anzac Day Address 2015 - Mayor Rhonda Hoban

Ordinary Council Meeting - 11 June 2015 Anzac Day 2015

Attachment 1 - Letter of Appreciation


Attachment 2 - Anzac Day Address 2015 - Mayor Rhonda Hoban

Today we honour 100 years of the ANZAC tradition and in particular the men and women of the Nambucca Valley who have served and continue to serve in our Defence Forces. It is a great privilege to be invited to give an address today but I have to be honest and say that I feel like something of a fraud. I‘ve asked myself what right do I have to talk about the courage, the sacrifice and the mateship that is shared by men and women who have served their country? Despite heading into old age: I have never lived in fear of attack or loss of life. I have had the benefits of a quality education; I‘ve always had a roof over my head, a family around me and food on the table. I have lived my entire life in total freedom. I have no idea what it is like to have a husband or boyfriend called to war. I don‘t know what it is like to be told ―Dad‘s not coming home‖. I can‘t comprehend the anguish or the worry a mother feels when a son or daughter is serving overseas because I‘ve never experienced it. I have only ever heard of the difficulties that face those who do return. Some with damaged bodies, some with damaged minds and some with both. I don‘t know what it‘s like for the families of those returned servicemen who still suffer the horrors of war - long after the battles are over. I‘ve never faced a rifle or a bayonet; I‘ve never been sprayed with Napalm and I‘ve never encountered guerilla warfare or land mines let alone suicide bombers. I haven‘t lost a father, a brother or sister, a son or daughter or even a friend to war. I‘ve never felt the grief or the loss of war. But then I realized that by far the majority of Australians today are in the same position – and yet the crowds of Australians who attend Anzac ceremonies grow year by year. In an effort to understand this phenomenon I‘ve read speeches and addresses made by Prime Ministers and decorated RSL Members. They all talked about the bonds of mateship or friendship. They spoke of the 60,000 Australians who died in WW1 the 8,000 who died as prisoners of war in World War Two; the


Attachment 2 Anzac Day Address 2015 - Mayor Rhonda Hoban

thousands who died in the skies over Europe; the three hundred lost in Korea; the five hundred who died in Vietnam and more recently the loss of life in Afghanistan and Iraq. But the 60,000 ANZACS who died in World War 1 and those who died in World War 2 gave their lives before most of us were born. They were strangers to many Australians today as were those who fought in Korea and Vietnam and those who serve now. At ANZAC services we often hear people quote the Bible John 15:13. ―There is no greater love than this, that a man lay down his life for his friends‖ Being prepared to lay down your life for a friend is indeed a huge sacrifice. Most of us can vaguely comprehend considering the decision to risk sacrificing your life for someone you know and really care about. But there is a greater sacrifice and I think it might explain why so many ordinary Australians, who have never experienced war, pause and remember, on Anzac Day. For 100 years the men and women of our defence forces have risked or given their lives for people they didn‘t know; for future generations; for people they would never meet. Our servicemen and women currently serving are risking their lives not only for their own country and their fellow Australians, but so that strangers from a foreign country who speak a different language might one day enjoy the same freedom and liberties that we enjoy. I think that‘s why so many Australians do recognize Anzac Day and pause to remember the fallen and those who served. It‘s not because we necessarily know these men and women, or truly understand what any of them have endured, but because we recognize that the life that we enjoy today, is because of their sacrifice. There is a greater love than to lay down your life for a friend. It‘s the greatest love of all and that is to lay down your life for a stranger. Lest we Forget.


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ITEM 9.3 SF1031 110615 REVIEW OF POLICY ON THE PAYMENT OF SECTION 64/94 DEVELOPER CONTRIBUTIONS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: Mr Barry Kerr who is the developer of a large residential subdivision off Upper Warrell Creek Road, Macksville has requested that Council give consideration to a deferred contribution arrangement for his subdivision. Council‘s current policy for the payment of contributions which was adopted in 2006 and last reviewed in 2010 provides that contributions are to be paid prior to the release of the subdivision certificate but that Council will accept a deferred or period payment of contributions subject to the contribution being secured by bank guarantee and the deferment being no longer than 24 months. The principle of deferring the payment of contributions until the sale of the particular lot is generally supported as a means of reducing the developer‘s holding costs and ultimately the cost of developed land. There are risks to Council with financially unsecured arrangements for the payment of developer contributions. These risks can be mitigated through the application of an appropriate policy. The report proposes a revised policy on the deferral of developer contributions. RECOMMENDATION: 1. That Council adopt the revised policy on the payment of Section 64/94 developer

contributions. 2. For the purposes of the revised policy, that Council utilise the attached Deed of Agreement

subject to:

Clause 3 being amended to provide for payment upon settlement (instead of within 48 hours)

Clause 5 providing for a 5 year period for the payment of all contributions.

A schedule being provided to the Deed of Agreement listing the contributions payable for each lot and the application of the CPI index to the contributions each anniversary of the agreement.

3. That Council enter into a Deed of Agreement with Mr Barry Kerr (Ryeline Pty Ltd) for deferral

of developer contributions to be paid on settlement of each subdivided lot with Council’s interest in the payment of such contributions being “secured” by a caveat on each title. As per the provisions of the revised policy this arrangement is to be restricted to a maximum of 30 lots.

4. That Council’s seal be attached to the Deed of Agreement between Council and Ryeline Pty

Ltd as required. OPTIONS: Council can continue with its current policy of not accepting deferred contributions unless they are secured by a bank guarantee. Council can change the criteria for the deferred payment arrangements ―secured‖ by caveat. Changing the criteria will extend or limit the application of the provision and will increase or decrease the risk the financial risk to Council.


ITEM 9.3 REVIEW OF POLICY ON THE PAYMENT OF SECTION 64/94 DEVELOPER CONTRIBUTIONS

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DISCUSSION: Mr Barry Kerr who is the developer of a large residential subdivision off Upper Warrell Creek Road, Macksville has requested that Council give consideration to a deferred contribution arrangement for his subdivision. Mr Kerr has developed 47 lots and has received a subdivision certificate on (and paid contributions for) 15 of those lots which are currently awaiting registration. However in the marketing of the subdivision he has received enquiries to purchase lots spread throughout the whole subdivision. Further the delays and the costs involved in the registration of individual subdivision certificates mean that it‘s impractical to proceed with subdivision certificates and registration of individual lots. Council‘s current policy for the payment of contributions which was adopted in 2006 and last reviewed in 2010 provides that contributions are to be paid prior to the release of the subdivision certificate but that Council will accept a deferred or period payment of contributions subject to the contribution being secured by bank guarantee and the deferment being no longer than 24 months. The subdivision certificate which is issued by Council is essentially the final certification that the applicant has complied with all of the conditions of consent and enables the subdivision plan to be endorsed by the General Manager or his delegate and then be lodged with the Land Titles office for registration. Mr Kerr has considered the use of the deferred payment arrangement but notes that his bank will charge interest of several percent on the quantum of the bank guarantee and further that the bank guarantee will reduce his ability to finance future stages of the subdivision. For these reasons he has requested that Council consider a deferred payment arrangement which does not involve a bank guarantee. Mr Kerr‘s comments on the use of bank guarantees are borne out by Council‘s experience in the implementation of the existing policy. Since the policy was adopted in 2006 Council staff can recall no instances where an applicant has utilised the bank guarantee provisions. The developer contributions owing on the remaining 32 lots in his current constructed subdivision attract the ―grandfathered‖ Section 64 water and sewer contributions which combined are approximately $10,000 per lot or $320,000 for the balance. Mr Kerr undertook ―in kind‖ Section 94 works being the construction of the intersection of Macksville Heights Drive and Upper Warrell Creek Road which will entirely or largely offset the Section 94 contributions owing on the balance of the 32 lots. The principle of deferring the payment of contributions until the sale of the particular lot is generally supported as a means of reducing the developer‘s holding costs and ultimately the cost of developed land. Whilst there is some conjecture as to whether or not such savings are passed on to the purchaser, in general terms reducing holding costs should have positive economic impacts in encouraging new development by providing the capacity to reduce prices; by reducing the developer‘s risk; and by providing the capacity for the developer to achieve a greater return. The actual outcomes will be dependent on the size of the market and the competition which exists in the market. Prior to 2006, Council did have a practice of allowing the deferral of payment of contributions until the sale of each lot in a subdivision had been finalised. The practice involved the use of caveats on the subdivided lots. A caveat is a form of statutory injunction provided for under the Real Property Act. When a Caveat form is lodged with Land and Property Information (LPI) it effectively prevents the registration of any dealing. The caveat effectively prevents the developer from transferring the land without making arrangements for the payment of contributions and at which time the Council released the caveat. However the caveat, whilst providing a bar to registration, is not in itself financial security for the deferred contributions. In the event that the developer was to become insolvent then those entities holding mortgages would be able to sell the lots with Council being an unsecured creditor. Council has to carefully assess such risk against the benefit of allowing the deferred payment arrangement. A revised policy which makes provision for additional deferred payment options via a caveat secured deed has now been drafted and is attached. In summary the draft policy provides as follows:



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Should Council wish to assist developers in reducing their holding costs, it is suggested that the following principles be applied to a policy. 1. The deferred payment arrangement be the subject of a Deed of Agreement such as the attached

example. 2. The Deed of Agreement list the contributions required to be paid for each lot and how those

contributions will be indexed over the life of the agreement. This is to avoid any dispute in relation to the contributions which are owed on the settlement of each lot.

3. The contributions be paid upon settlement of each lot. In this respect the provision in clause 3 in the

attached draft Deed should be changed from within 48 hours to ―upon settlement‖. 4. That the application of the policy require a resolution of Council wherein Council would consider the

developer‘s track record and any other matters which may affect the financial security of the contributions owing to Council.

5. That the Deed of Agreement have a maximum life of 5 years as per clause 5 in the attached draft

Deed. CONSULTATION: There has been consultation with the Mayor, the Manager Development & Environment; the Rates Officer; Mr Barry Kerr and Mr Terry Perkins. SUSTAINABILITY ASSESSMENT: Environment There are no implications for the environment. Social There are no significant social implications. Economic The economic implications are indicated in the report. The economic impacts are the major reason for supporting the suggested deferred payment arrangement. Risk The risk implications are indicated in the report. In relation to the request from Mr Kerr to utilise the provisions of a policy to defer the payment of contributions until the settlement of each sale, Mr Kerr has an established record as a local property developer in Macksville. It is recommended that Council agree to enter into a Deed of Agreement with Mr Kerr for the deferred payment of contributions on the settlement of each lot as per the revised policy. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets There are no budgetary impacts. Mr Kerr has agreed to pay for the preparation of a standard Deed of Agreement. Source of fund and any variance to working funds



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There is no impact on working funds. Service level changes and resourcing/staff implications Consideration has been given to minimising the staff time required to manage such deferred payment arrangements. ATTACHMENTS: 1 15221/2015 - Revised Policy on Payment of Section 94/64 Developer Contributions 2 14440/2015 - Draft Deed

Ordinary Council Meeting - 11 June 2015 Review of Policy on the Payment of Section 64/94 Developer Contributions

Attachment 1 - Revised Policy on Payment of Section 94/64 Developer Contributions

NAMBUCCA SHIRE COUNCIL POLICY

PAYMENT OF DEVELOPER CONTRIBUTIONS SECTION 64 & SECTION 94

Function: CORPORATE SERVICES (FINANCE)

Adopted: 19/10/2006

Last reviewed: 16 JULY 2008 16 April 2009

20 October 2010 11 June 2015

Our Vision

Nambucca Valley ~ Living at its best

Our Mission Statement

‗The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.‘

1.0 Policy Objective 1.1 To ensure the payment of contributions pursuant to Section 94 of the Environmental

Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

1.2 Consistent with section 1.1 and after carefully assessing the financial risk to Council,

provide for deferred payment arrangements which will reduce a developer‘s holding costs as a means of encouraging economic development through increasing the capacity to reduce prices and increase return on investment.

2.0 Policy Statement PAYMENT OF CONTRIBUTIONS The payment of contributions should be made at the following times: Development applications involving subdivisions

Prior to the release of the subdivision certificate. Development applications involving building work

Prior to the release of the occupation or interim occupation certificate. Development applications where no building work is involved


Attachment 1 Revised Policy on Payment of Section 94/64 Developer Contributions

At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval. DEFERMENT OF PAYMENTS Council will accept a deferral or periodic payment of contributions via a bank guarantee and in certain limited circumstances by entering into a deed of agreement for the payment of contributions upon the sale (settlement) of each lot. Deferral of payments secured by bank guarantee Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than 2 years. In such a case the applicant must make a written request. Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

1 indexing will be calculated from the date the contribution was due until the date of

payment;

2 the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to twenty five (25) months interest plus any charges associated with establishing or operating the bank security;

3 the bank unconditionally pays the guaranteed sum to the Council if the Council so

demands in writing not earlier than twenty four (24) months from the provision of the guarantee or completion of the work;

4 the bank must pay the guaranteed sum without reference to the applicant or

landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

5 the banks obligations are discharged when payment to the Council is made in

accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6 where a bank guarantee has been deposited with Council, the guarantee shall not be

cancelled until such time as the original contribution and accrued interest has been paid;

7 the applicant will be charged an administrative fee based on the professional fees set

in Council‘s Revenue Policy; 8 periodic payments for a staged development will be on a pro rata basis - the

proportion of the stage of the development is to the overall development. Deferral of payments secured by deed of agreement and caveats Council will consider entering into a deed of agreement with a developer whereby it is agreed that contributions will be paid on the sale (settlement) of each subdivided lot with Council‘s interest in the payment of such contributions being ―secured" by a caveat on each title. The deed of agreement is to contain a schedule listing the contributions to be paid on the settlement of each lot.


Attachment 1 Revised Policy on Payment of Section 94/64 Developer Contributions

This deferral of payments arrangement is restricted to:

1. Residential subdivision only 2. Not more than 15 lots for development consents issued after 16 February 2012

(which are paying full Section 64 water and sewerage developer contributions) 3. Not more than 30 lots for development consents issued before 16 February 2012

(which are paying ―grandfathered‖ water and sewerage contributions) 4. A term of 5 years in which to sell the lots. This option for deferral of payments is not ―as or right‖. As this deferral option does not provide Council with financial security for the required contributions, the elected Council will make a determination as to a developer‘s suitability. In assessing a developer‘s suitability for such an arrangement, the Council will undertake a risk assessment and consider:

a. The developer‘s record in undertaking similar subdivisions in the Nambucca Valley; b. The developer‘s liquidity; c. The relevant market conditions at the time; that is interest rates, sales of vacant land,

other investment occurring in the LGA etc; d. Any evidence of pre-sales; e. Whether or not the developer is agreeable to Council securing all of part of the debt

by way of a registered mortgage. f. Any other matter relevant to assessing the financial risk to Council.


Attachment 2 - Draft Deed


Attachment 2 Draft Deed


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ITEM 9.4 SF323 110615 NAMBUCCA ENTERTAINMENT CENTRE - REQUEST TO CHANGE NAME TO "THE NAMBUCCA COMMUNITY AND ARTS CENTRE"

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: The Nambucca Entertainment Centre Committee of Management request that the name of the Nambucca Entertainment Centre be changed to, ―The Nambucca Community and Arts Centre‖. RECOMMENDATION: That Council endorse the “Nambucca Entertainment Centre” being renamed, “The Nambucca Community and Arts Centre”. OPTIONS: Council can elect to leave the name as it is or propose a different name. Council could also resolve to advertise for comment the proposed change in name. As the proposal for a name change is coming from the key stakeholders who are charged with the day to day responsibility of operating the centre, it is not considered necessary to advertise the proposal. DISCUSSION: Council has received the attached letter from the Nambucca Entertainment Centre Committee of Management. The Committee of Management has been concerned for some time that the name of the Centre simply does not reflect the nature and range of activities which take place in the complex on a daily basis. The Committee is also concerned that the existing name has adversely affected grant applications whereby the funding bodies have rejected applications after forming false impressions about the buildings‘ functions. It is agreed that the proposed name, ―The Nambucca Community and Arts Centre‖ better reflects the nature of the activities which take place in the buildings. CONSULTATION: The report is in response to a request from the Nambucca Entertainment Centre Committee of Management. There has been consultation with Council‘s Technical Officer Assets concerning the costs of changing the signage. The signage compromises stainless steel letters. These can be reused but new letters will also be required. SUSTAINABILITY ASSESSMENT: Environment There are no impacts on the environment. Social There are no social impacts. Economic There are no economic impacts.


ITEM 9.4 NAMBUCCA ENTERTAINMENT CENTRE - REQUEST TO CHANGE NAME TO "THE NAMBUCCA COMMUNITY AND ARTS CENTRE"

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Risk There are no particular risks. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets The purpose of the change of name is to improve the Centre‘s performance in attracting grant funds. There will be some costs involved in having a sign writer change the name on the front of the building. Source of fund and any variance to working funds The necessary sign writing should be met from existing budgets. Service level changes and resourcing/staff implications There are no staffing implications. ATTACHMENTS: 1 5609/2015 - Request to rename the Nambucca Entertainment Centre

Ordinary Council Meeting - 11 June 2015 Nambucca Entertainment Centre - Request to Change Name to "The Nambucca Community and Arts Centre"

Attachment 1 - Request to rename the Nambucca Entertainment Centre


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ITEM 9.5 SF848 110615 ISSUES ARISING FROM A COMPLIANCE AUDIT OF COUNCIL'S ELIGIBILITY FOR A DIVIDEND FROM ITS WATER AND SEWERAGE OPERATIONS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: Council‘s Auditor has now completed a review of Council‘s compliance with the eligibility criteria set out in the NSW Office of Water Guidelines. The Auditor‘s findings are attached. The matters identified for attention relate to asset management processes; financial forecast projections and water conservation. Council‘s Auditor has advised that he will endorse Council‘s compliance with the Best Practice Guidelines subject to the completion of the water conservation policy. RECOMMENDATION: That the information concerning the outcome of the audit of Council’s compliance with the eligibility criteria set out in the NSW Office of Water Guidelines be received. OPTIONS: The report is for information. DISCUSSION: At Council‘s meeting on 26 March 2015 it was resolved that Council seek approval for a dividend calculated from any surplus in the Water and Sewerage Funds. In Council‘s 2014 financial statements, in the Water Fund there was a surplus from continuing operations after capital of $8.83m and in the Sewerage Fund there was a deficit from continuing operations after capital of $214,000. The dividend payment is subject to the following preconditions: 1 The ―Surplus Before Dividends‖ must be calculated on the basis shown in the Statement of Financial

Performance of Business Activities; and 2 The dividend from surplus must not exceed 50% of this surplus in any one year; and 3 The dividend from surplus must not exceed the number of water supply or sewerage assessments

at 30 June of the relevant year multiplied by $30, less the dividend for tax equivalents; and 4 The dividend from surplus may only be paid so that the total dividend from surplus paid in each

rolling three year period does not exceed the total relevant surplus in the same period. Therefore for the 2013/2014 financial year a dividend on a surplus would have only been payable for the Water Fund. In relation to the third criterion, as at 20 February 2015, the Council had 6,065 water supply assessments and 5,648 sewerage assessments. This means that the potential dividend calculated from the surplus would be restricted to 6,065 x $30 = $181,950, less the dividend for tax equivalents of $18,500 = $163,450.


ITEM 9.5 ISSUES ARISING FROM A COMPLIANCE AUDIT OF COUNCIL'S ELIGIBILITY FOR A DIVIDEND FROM ITS WATER AND SEWERAGE OPERATIONS

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In order to achieve a dividend from any surplus in the Water & Sewerage Funds the Council must demonstrate achievement of the required outcome for specified criteria in the Best Practice Management of Water Supply and Sewerage Guidelines issued by the Office of Water. The determination of compliance must be made by an Auditor. The Auditor must also verify the water supply and sewerage special purpose financial reports are a true and accurate reflection of the business and that the overhead reallocation charge to these businesses is a fair and reasonable cost. Council‘s Auditor has now completed a review of Council‘s compliance with the eligibility criteria set out in the NSW Office of Water Guidelines. The Auditor‘s findings are attached. The matters identified for attention relate to asset management processes; financial forecast projections and water conservation. In relation to the comments on asset management practices it is agreed that the Council‘s systems for recording and analysing data could be improved. Because of the significant labour input required to achieve this, it is agreed that the process will be one of continual work and refinement. It is agreed that future Strategic Business Plan forecasts will need to make provision for dividents. In relation to the preparation of an overarching water conservation strategy and plan, Council‘s Manager Water and Sewerage is in the process of preparing a plan which should be reported to Council in June 2015. Council‘s Auditor has advised that he will endorse Council‘s compliance with the Best Practice Guidelines subject to the completion of the water conservation policy. CONSULTATION: There has been consultation with Council‘s Auditor and with Council‘s Manager Water & Sewerage. SUSTAINABILITY ASSESSMENT: Environment The proposed Water Conservation Policy should provide the opportunity for improvements to Council‘s environmental performance. Social There are no social implications. Economic There are no economic implications. Risk Depending on what dividend (if any) is taken, to the extent that Council‘s General Fund is more reliant on water and sewerage operations means that Council‘s General Fund operations may find it more difficult to ―stand alone‖ should its water and sewer operations ever be transferred to another entity. Such a proposal was put forward by the Armstrong and Gellatly Report in 2008. However balanced against this risk is the fact that Council has been found to have weak financial sustainability with a negative outlook. With its Fit for the Future response due by 30 June 2015, Council is at the stage where it has to look for every opportunity to improve the financial performance of its General Fund which has historically operated with a significant deficit in its operating performance. For example the Fit for the Future KPI‘s include an operating performance ratio which is greater or equal to break even


ITEM 9.5 ISSUES ARISING FROM A COMPLIANCE AUDIT OF COUNCIL'S ELIGIBILITY FOR A DIVIDEND FROM ITS WATER AND SEWERAGE OPERATIONS

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averaged over 3 years. For the operating performance ratio, comparisons of Mid North Coast Councils‘ financial statements for 2014 indicate the following results: Nambucca Shire Council -17.8% Coffs Harbour City Council -17.0% Greater Taree City Council -26.1% Kempsey Shire Council -41.9% Gloucester Shire Council -46.7% Port Macquarie Hastings Council -9.5% Bellingen Shire Council -33.3% In addition to the above the Council has been burdened with a loss of any indexed growth in FAGs and will soon be faced with the liability of the old Pacific Highway. A further consideration is that modelling for the Fit for the Future suggests that Council will need to consider further special rate variations in the future. The opportunity to obtain a dividend from any surplus in water and sewer operations may obviate the need for a special rate variation and all of the work and uncertainty that this entails. In itself the audit has been of value in identifying areas of risk in asset management and also the need to develop a water conservation policy. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets Obtaining a dividend from surplus will increase Council‘s General Fund revenue at the expense of the Water and Sewer Funds. Source of fund and any variance to working funds At this stage there is no impact on working funds. Service level changes and resourcing/staff implications There are no significant staffing implications. ATTACHMENTS: 1 15479/2015 - Forsyths letter

Ordinary Council Meeting - 11 June 2015 Issues Arising from a Compliance Audit of Council's Eligibility for a Dividend from its Water and Sewerage Operations

Attachment 1 - Forsyths letter

Ordinary Council Meeting - 11 June 2015 Issues Arising from a Compliance Audit of Council's Eligibility for a Dividend from its Water and Sewerage Operations

Attachment 1 Forsyths letter


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ITEM 9.6 SF1239 110615 TRANSFER OF EUNGAI PRE-SCHOOL

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: A summary is not required. RECOMMENDATION: 1 That Council transfer the ownership of the Eungai Pre-School to Lifetime Connect Inc. for

$1.00 plus compensation to them of $20,000 excluding GST on the basis that Lifetime Connect Inc. accepts all responsibility for any disability access issues which may arise in the future.

2 That Council’s seal be attached to contracts and agreements as required. 3 That Council meets all legal and transfer costs associated with the transfer of ownership. 4 That settlement occur in the 2015/16 financial year. OPTIONS: There are no real options if Council still wishes to proceed with the proposed transfer of ownership of the Eungai Pre-School. The recommendation is the same as that adopted on 16 April 2015 with the nominated transferee being Lifetime Connect instead of the Nambucca Valley Children‘s Group. DISCUSSION: At Council‘s meeting on 16 April 2015 it was resolved as follows: 1 That Council transfer the ownership of the Eungai Pre-School to the Nambucca Valley Children’s

Group for $1.00 plus compensation to them of $20,000 excluding GST on the basis that the Nambucca Valley Children’s Group accepts all responsibility for any disability access issues which may arise in the future.

2 That Council’s seal be attached to contracts and agreements as required. 3 That Council meets all legal and transfer costs associated with the transfer of ownership. 4 That settlement occur in the 2015/16 financial year. Council has now been advised that that the Nambucca Valley Children‘s Group Inc. is to be merged with Lifetime Connect Inc., an aged and community care service provider. The official date for the merger is 1 July 2015. A copy of the letter from the Nambucca Valley Children‘s Group is attached. It is agreed that it would be more logical for the transfer of the Eungai Pre-School to be direct to Lifetime Connect. CONSULTATION: There has been no consultation in preparing this report.


ITEM 9.6 TRANSFER OF EUNGAI PRE-SCHOOL

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SUSTAINABILITY ASSESSMENT: Environment There is no impact on the environment. Social There is no social impact. Economic There is no economic impact. Risk There is no change in risk. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets There is no change in budgetary impact. Source of fund and any variance to working funds There is no change in the impact on working funds. Service level changes and resourcing/staff implications There are no resourcing implications. ATTACHMENTS: 1 15260/2015 - Nambucca Valley Children's Group Inc to Lifetime Connect Inc

Ordinary Council Meeting - 11 June 2015 Transfer of Eungai Pre-School

Attachment 1 - Nambucca Valley Children's Group Inc to Lifetime Connect Inc


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ITEM 9.7 SF722 110615 CHANGE TO NATURAL DISASTER RELIEF AND RECOVERY FUNDING ARRANGEMENTS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: In early May 2015 Council was advised of what is effectively a change in policy on Natural Disaster Relief and Recovery Funding Arrangements (NDRRA). The RMS have advised that they will be applying a strict interpretation of the Australian Government‘s Natural Disaster Relief and Recovery Arrangements. Essentially the new interpretation is that work undertaken by Council staff during their normal hours will not be a claimable expense. By taking out the opportunity of using Council staff to attend to NDRRA work during their normal working hours means that Council will not have the opportunity to shift planned capital works onto contractors so its own staff can attend to NDRRA. What this means is that if Council wishes to take full financial advantage of the NDRRA funding arrangements then the process of attending to natural disaster repairs will be slower as Council will have no option other than to follow the procurement process to engage a suitable contractor. As Council previously had the flexibility to assign contractors to either its scheduled capital works program or NDRRA work depending upon which provided the most timely and cost effective outcomes, the new interpretation may well increase the cost of NDRRA work borne by the State and Commonwealth Governments. RECOMMENDATION: 1. That Council make representations to the Member for Oxley and Member for Cowper in

relation to the new policy/interpretation of the National Disaster Relief and Recovery Funding Arrangements to exclude as a claimable expense work undertaken by Council staff during their normal hours, noting that this will likely further delay NDRRA funded repairs and potentially increase the cost of such work.

2. That Council put a notice of motion to the LGNSW Conference seeking reinstatement of the

claimable expense pertaining to the use of Council staff during normal working hours to undertake repairs associated with declared Natural Disaster events.

OPTIONS: Council can elect whether or not to make representations in relation to the matter. Council can also elect what matters it wishes to raise in its representations. The recommendation proposes to only address the recent change in policy/interpretation. However Council is aware of other policy issues in the NDRRA which result in an ineffective use of scarce government funding. A major flaw is considered to be the acceptance of ―like for like‖ asset replacement with no or little scrutiny of the required service level and the opportunity for more cost effective alternatives. This resulted in the replacement of Johns Bridge at Missabotti with a two lane structure when the service level suggested a single lane structure may have sufficed. And more recently the NDRRA work on Taylors Arm Road has used expensive sheet piling and retaining wall structures to replace the road in-situ when a more cost effective solution may have been to relocate the road away from the river bank. DISCUSSION: In early May 2015 Council was advised of what is effectively a change in policy on Natural Disaster Relief and Recovery Funding Arrangements (NDRRA). Hitherto Roads and Maritime Services (RMS) accepted


ITEM 9.7 CHANGE TO NATURAL DISASTER RELIEF AND RECOVERY FUNDING ARRANGEMENTS

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that work undertaken by Council staff in attending to repairs caused by a declared Natural Disaster during their normal hours was a claimable expense. The RMS have now advised that they will be applying a strict interpretation of the Australian Government‘s Natural Disaster Relief and Recovery Arrangements. (attached). Essentially the new interpretation is that work undertaken by Council staff during their normal hours will not be a claimable expense being an interpretation of the eligibility pre-requisites expressed in the attached document being: Some components of costs for salaries and wages may be claimed under the NDRRA where the costs:

are extraordinary (ie costs that would not have been incurred if the disaster had not occurred and are over and above what could reasonably be absorbed or reasonably managed within the state’s financial resources);

and the eligibility conditions being:

The states must be able to demonstrate that their own resources have been exhausted and that any additional temporary (fixed-term) staff or contractors to be funded via NDRRA reimbursement are in addition to the aggregate level of staffing within the organisation that was in place prior to the disaster.

The new policy/interpretation will reduce the flexibility and timeliness of natural disaster recovery. Council will be aware of complaints concerning the slowness of the previous arrangements and the new policy will potentially make this worse. The new policy/interpretation seems to be based on the premise that in relation to NDRRA work by Council staff during normal working hours, that because the Council has the capacity to direct staff to do this work that the cost of the work forgone by those Council staff can be met from Council‘s budget or deferred or otherwise not attended to. Of course this is not the case and Council‘s decisions in relation to the employment of Council staff or contractors to attend to NDRRA work is based on cost and timeliness. By taking out the opportunity of using Council staff to attend to NDRRA work during their normal working hours means that Council will not have the opportunity to shift planned capital works onto contractors so its own staff can attend to NDRRA. What this means is that if Council wishes to take full financial advantage of the NDRRA funding arrangements then the process of attending to natural disaster repairs will be slower as Council will have no option other than to follow the procurement process to engage a suitable contractor. CONSULTATION: The Mayor and myself discussed the matter with RMS representatives at a meeting on 8 May 2015. There has also been consultation with the Assistant General Manager Engineering Services and the Manager Infrastructure Services. SUSTAINABILITY ASSESSMENT: Environment There are no significant implications for the environment. Social Depending upon the nature and cost of the NDRRA work to be attended to, there may be some additional social disruption caused by longer delays in attending to flood and storm repairs. Economic


ITEM 9.7 CHANGE TO NATURAL DISASTER RELIEF AND RECOVERY FUNDING ARRANGEMENTS

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Depending upon the nature and cost of the NDRRA work to be attended to, there may be some additional economic impacts caused by longer delays in attending to flood and storm repairs. Risk The announced change in arrangements is another example of cost shifting. It is difficult to quantify what the additional costs to Council over time will be but Council may be forced to undertake NDRRA associated work which will no longer be claimable. It is also likely that there will be additional indirect costs to the community in further delays to the completion of NDRRA funded work. As Council previously had the flexibility to assign contractors to either its scheduled capital works program or NDRRA work depending upon which provided the most timely and cost effective outcomes, the new interpretation may well increase the cost of NDRRA work borne by the State and Commonwealth Governments. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets As discussed in the report Council may incur additional costs in responding to NDRRA projects. Source of fund and any variance to working funds Council will need to fund NDRRA work from existing budgets and at the expense of other work or from working funds. Council could attempt to create an internal reserve to fund such work but the point of creating an internal reserve for an ill-defined liability when the Council has a negative operating performance ratio and ―weak‖ financial sustainability is debatable. Service level changes and resourcing/staff implications The change in funding arrangements is a form of cost shifting and it will impact on Council‘s existing service levels, particularly in responding to repairs caused by natural disasters. ATTACHMENTS: 1 15785/2015 - Change to funding arrangements

Ordinary Council Meeting - 11 June 2015 Change to Natural Disaster Relief and Recovery Funding Arrangements

Attachment 1 - Change to funding arrangements

Ordinary Council Meeting - 11 June 2015 Change to Natural Disaster Relief and Recovery Funding Arrangements

Attachment 1 Change to funding arrangements


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ITEM 9.8 SF2038 110615 OUTSTANDING DA'S GREATER THAN 12 MONTHS, APPLICATIONS WHERE SUBMISSIONS RECEIVED NOT DETERMINED FROM 21 MAYL 2015 TO 3 JUNE 2015

AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer Planning Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to ―call in‖ an application a Notice of Motion is required specifying the reasons why it is to be ―called in‖. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination. RECOMMENDATION: That the information be noted by Council. TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD Please note that there are no unresolved Development Applications in Excess of 12 months old. TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

DA NO DATE OF RECEIPT

PROPOSAL PROPERTY DESCRIPTION

2015/048 08/04/15 Residential Additions Lot 412 DP 611276, 7 Ocean Street, Scotts Head

SUBMISSIONS RECEIVED/STAFF COMMENTS

Four public submissions have been received. All oppose various aspects of the proposal

The submission requests that adequately sized guttering and stormwater drainage be installed due to the large size of the garage roof and the addition of the pergola roof.

Proposal will impose on neighbouring dwelling and will block the natural flow of the breeze

Proposal will overshadow neighbouring back yard making the area damp and mouldy

Proposal is too close to neighbouring boundary

Height of garage appears unnecessary for just housing a car.

Access issues will be created for an adjoining property

The access to the garage will cross over a right of footway

DA NO DATE OF RECEIPT

PROPOSAL PROPERTY DESCRIPTION

2015/058 5/05/2015 Dwelling-House -

Relocated

Lot 9 DP 1147908, Goulds Rd, Utungun

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received. It supports the proposal

Having a dwelling on the block will improve local security.

ATTACHMENTS: There are no attachments for this report.


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ITEM 9.9 SF2038 110615 2015 MAY - DEVELOPMENT AND COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant SUMMARY: Council at its meeting 16 January 2014 resolved: “That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigates the possibility of reporting Development Applications lodged in previous month.” Attached is a list of Development Applications and Complying Development Applications received in May 2015 as at 2 June 2015. RECOMMENDATION: That the Development Applications and Complying Development Applications received in May 2015 be received for information.

ATTACHMENTS: 1 16062/2015 - Development and Complying Development Applications Received in May 2015

Ordinary Council Meeting - 11 June 2015 2015 May - Development and Complying Development Applications Received

Attachment 1 - Development and Complying Development Applications Received in May 2015

Ordinary Council Meeting - 11 June 2015 2015 May - Development and Complying Development Applications Received

Attachment 1 Development and Complying Development Applications Received in May 2015


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ITEM 9.10 SF2038 110615 2015 MAY - CONSTRUCTION AND COMPLYING DEVELOPMENT CERTIFICATES APPROVED

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant SUMMARY: The attached report, produced from Council‘s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of May 2015 as at 2 June 2015. RECOMMENDATION: That the Construction and Complying Development Certificates approved for May 2015 be noted and received for information by Council. ATTACHMENTS: 1 16065/2015 - Construction Certificates and Complying Development Certificates Approved for May

2015

Ordinary Council Meeting - 11 June 2015 2015 May - Construction And Complying Development Certificates Approved

Attachment 1 - Construction Certificates and Complying Development Certificates Approved for May 2015

Ordinary Council Meeting - 11 June 2015 2015 May - Construction And Complying Development Certificates Approved

Attachment 1 Construction Certificates and Complying Development Certificates Approved for May 2015


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ITEM 9.11 SF952 110615 PUBLIC FORUM - REMOVAL OF REGISTERED NURSES FROM NURSING HOMES

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: A summary is not required. RECOMMENDATION: That the information concerning the Public Forum address by Ms Samantha Cox be received. OPTIONS: There are a range of options available to Council should it wish to make representations in support of Ms Cox‘s submission. DISCUSSION: Ms Samantha Cox has registered to address Council in the Public Forum in relation to the removal of registered nurses from nursing homes. She has provided the following background to the issue.

My name is Samantha Cox, I'm proud to say I'm a Registered Nurse who works within Nursing Homes in NSW. I and many other RN's oversee the care given to one of our most vulnerable populations, the elderly.

Many people are not aware as of July 1st 2014, wording was changed to the Commonwealth Aged Care Act 1997; consequently, may well result in the removal of the requirement to have RN's on duty at all times in NSW Nursing Homes and also remove the need to have RN's as Directors of Nursing in Nursing Homes.

The Baird government is currently reviewing the need to have RN's in aged care. A steering committee is consulting with the people they feel are relevant in the sector and will then advise their findings to the Minister for Health. The NSW Minister for Health has enacted an interim agreement until the end of 2015, ensuring RN's remain on the floor of Nursing Homes whilst this review is occurring. However, if the NSW Public Health Act isn't altered we may well find many Nursing Homes no longer employ RN's!!!! and have carestaff and/or Enrolled Nurses in our place. For those people who don't know the difference in nursing qualifications, you can attain the qualification to be a carestaff member in some cases in as little as 3 months, to be an Enrolled Nurse you need to complete a TAFE course or equivalent qualification. The minimum qualification required to be a Registered Nurse is a 3 year university degree, many RN's then go on to do additional tertiary education in the area of their specialty e.g aged care nursing, dementia nursing etc etc. Registered Nurses are also required to do a minimum of 20 hrs a year of relevant education to maintain their registration. So you can see, the education and skill level of an RN is significantly more advanced than Carestaff and Enrolled Nurses.

Now is the time to defend the health and wellbeing of our elderly residents in Nursing Homes who are your elderly loved ones and in some cases may be the future homes of you and I. These elderly people have worked hard all their lives, paid taxes, defended our nation and hugely contributed to the society we now live in; they don't deserve to be abandoned to the care of staff with minimal qualifications. I believe carestaff are the heart and sole of Nursing Homes; I have a great deal of respect for these amazing nurses who are hugely unrecognised and over worked as is. I have also had the privilege of working with some wonderful Enrolled Nurses, but I certainly don't believe they have the knowledge, experience or skills to safely nor effectively manage the complex care needs of our Nursing Home residents who have multiple complex co-morbidities. These residents require access to Registered


ITEM 9.11 PUBLIC FORUM - REMOVAL OF REGISTERED NURSES FROM NURSING HOMES

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Nurses. These are the nurses trained to identify a residents deterioration and put into place strategies to ensure their health and wellbeing needs are met. Registered Nurses attend to invasive procedures, complex wound management, implement palliative care, attend to pain management, communicate with the multi-disciplinary health care teams to ensure the residents care needs are met, RN's attend to the myriad of health assessment's and in-house documentation. We communicate with residents families, co-ordinate the care given by Carestaff and EN's and the list goes on.

I'm sure Nambucca Valley Council also promote the health and well being of their community members; and hope the council will stand up and defend the care needs of residents in our local Nursing Homes within the shire. The majority of these residents once lived active lives within this amazing community and now need us to do all we can to ensure their health and well being is supported and optimised. What will it say about 'our community' if we say nothing and abandon the health and wellbeing needs of our Nursing Homes residents, to save money!!

I am hoping the Nambucca Valley Council acknowledge that all residents in Nursing Homes should be provided with quality care led by Registered Nurses; notes with concern the potential risk to residents of Nursing Homes across Nambucca Valley Shire of the removal of the requirement to have a Registered Nurse on duty at all times; supports the NSW Nurses and Midwives Association campaign to ensure permanent legislation is in place requiring a registered Nurses on duty at all times and the appointment of a Director of Nursing in all NSW nursing homes, as a minimum, and writes to the NSW Minister of Health, the Hon. Jillian Skinner MP and Shadow Minister for Health, Walt Second MLC conveying the resolution.

Numerous councils across NSW are supporting this campaign, please lets not leave our residents behind. For further information on the NSW Nurse and Midwife campaign please visit www.nswnma.asn.au and follow the links re: RN's in aged care 24/7.

Warm Regards

Samantha Cox

A response has been sought from the Federal Member for Cowper and the State Member for Oxley. The following advice has been received from the Member for Oxley. Michael Thanks for your email- follows is the latest information: RN’s in Aged Care Facilities: • From 1 July 2014, new Commonwealth arrangements remove the distinction between high and low

care in residential aged care facilities. • Under the Aged Care Act 1997, the Commonwealth Government is responsible for residential aged

care in Australia. • The changes to Commonwealth legislation make redundant the provisions under the NSW Public

Health Act 2010, that requires a registered nurse to be on duty at all times where a 'high care' service is delivered.

• The current requirements under the NSW Public Health Act 2010, for a registered nurse to be on

duty for residents with high care needs are being retained in NSW for a period of 18 months (beginning 1 July 2014)

http://www.nswnma.asn.au/


ITEM 9.11 PUBLIC FORUM - REMOVAL OF REGISTERED NURSES FROM NURSING HOMES

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• From the 1 July 2014, NSW Health commenced a broader review of the provision and will consult with key stakeholders including nursing, medical groups, care service providers and Commonwealth regulators.

• The review should take approximately 12 months. At this time, the Ministry will bring its

recommendations to the Minister’s Office. I respectfully suggest it may be appropriate to seek the advice of Nambucca Valley Care through the Chair Janine Reed, CEO John Butler or Jenny Zirkler to get a comprehensive local perspective to further understand the issues and how they impact locally. I hope this has been of assistance. Kindest regards Melinda Pavey

A copy of this report has been provided to Ms Janine Reed who has advised as follows: CONSULTATION: There has been no consultation with the people listed. SUSTAINABILITY ASSESSMENT: Environment There are no implications for the environment. Social The potential social implications are outlined in Ms Cox‘s submission. Economic The economic implications have not been investigated. Risk The potential risks are outlined in Ms Cox‘s submission. It is unknown what prompted the change in legislation which has brought about Ms Cox‘s concerns. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets There is no budgetary impact for Council. Source of fund and any variance to working funds There is no impact on working funds. Service level changes and resourcing/staff implications There is no resourcing/staff implications. ATTACHMENTS: There are no attachments for this report.


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ITEM 9.12 SF114 110615 LOCAL GOVERNMENT REFORM - POSITION OF UNITED SERVICES UNION (USU)

AUTHOR/ENQUIRIES: Michael Coulter, General Manager SUMMARY: A summary is not required. RECOMMENDATION: That the information concerning the position of the United Services Union in local government reform be received. OPTIONS: There are no identified options. The report is for information. DISCUSSION: Council has received the attached letters from the United Services Union (USU) advising of their position in relation to the methodology by which the Independent Pricing and Regulatory Authority (IPART) will assess councils Fit for the Future submissions. The USU is the primary employee representative in NSW local government with over 30,000 members. The USU has requested that their correspondence and enclosures be made available to Councillors. A copy of their correspondence is attached. The enclosure being the report by Professor Brian Dollery has not been included because it is some 60 pages in length. For any Councillor who is interested in reading the report by Professor Dollery, the General Manager can provide a paper or electronic copy. The USU notes that its key values in the reform process are as follows: a. We do not object to council amalgamations generally, but oppose the amalgamation of councils

where the community does not clearly support the decision to merge. We also oppose amalgamation where employees have not been properly consulted or in circumstances where appropriate steps have not been taken to protect employees’ jobs and conditions.

b. We support gains in productivity and efficiency in councils so far as those gains are not based on

cuts to services or disadvantages to employees. We hold that the best way to ensure a stable and successfully local government sector is to promote a secure, well-remunerated and engaged workforce.

c. Many of our members live and work in small rural communities where local government is often the

largest employer. It is essential in our view that reform maintains employment levels in these communities.

d. We hold that political and community engagement is an essential strength of local government and

should be supported and encouraged in councils which are “fit for the future”.

CONSULTATION: There has been no consultation. The report is for information. SUSTAINABILITY ASSESSMENT: Environment There are no implications for the environment.


ITEM 9.12 LOCAL GOVERNMENT REFORM - POSITION OF UNITED SERVICES UNION (USU)

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Social The recommendation has no social implications. Economic The recommendation has no economic implications. Risk There are no identified risks. As the USU is a key stakeholder in local government reform it is useful for Council to know what their position is. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets There is no budgetary impact. Source of fund and any variance to working funds There is no impact on working funds. Service level changes and resourcing/staff implications There are no resourcing implications. ATTACHMENTS: 1 16183/2015 - USU letter to Council 2 16185/2015 - USU submission to IPART on Fit for the Future

Ordinary Council Meeting - 11 June 2015 Local Government Reform - Position of United Services Union (USU)

Attachment 1 - USU letter to Council


Attachment 2 - USU submission to IPART on Fit for the Future


Attachment 2 USU submission to IPART on Fit for the Future


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ITEM 9.13 SF639 110615 REVIEW OF COUNCIL'S ORGANISATION STRUCTURE

AUTHOR/ENQUIRIES: Joanne Hudson, Manager Human Resources SUMMARY: This report outlines the recent changes to the organisation structure and the results of the consultation process. The proposed organisation structure chart is attached. RECOMMENDATION: That: 1 Council note that consultation following the review of Infrastructure Services has resulted in

the six affected employees opting for voluntary redundancy. 2 the following amendments to the organisation structure be adopted:

i. Business Services Co-ordinator deleted and hours redeployed within the Business

Services Unit ii. Ranger reduced from EFT 2 to EFT 1 iii. Creditors Clerk to report to Accountant iv. Sewer Attendant changed to Sewer Attendant/Relief Operator v. Town Services Attendant reduced from EFT 5 to EFT 3

3 the savings in wages from the reduction in Town Services staff be reallocated to the capital

refurbishment of the public amenities in the 2015/16 budget and be further considered in the 2016/17 budget if required.

OPTIONS: Council can adopt the recommendation or retain the status quo or make another determination. DISCUSSION: Infrastructure Services At its meeting on 30 April 2015, Council resolved to introduce changes to the organisation structure with regard to Infrastructure Services, including making seven positions redundant: Parks and Reserves Supervisor Parks Attendant x 2 Site Leader Roads Loader Operator Labourer – Roads Labourer – Bridge Crew (vacant) The obligatory 28-day notification/consultation period began on 1 May involving meetings with employees affected by the decision and the United Services Union. A presentation was delivered by the Assistant General Manager Engineering Services to the Consultative Committee at its meeting on 2 June 2015. The Committee recommended that the information be received. All six employees affected by the decision opted for early redundancy and have ceased their employment with Council.


ITEM 9.13 REVIEW OF COUNCIL'S ORGANISATION STRUCTURE

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The next step is to finalise position descriptions for the new and revised positions and to commence recruitment for the vacant positions. Business Services The position of Business Services Coordinator was vacated 9 January 2015 and the hours redeployed to provide a dedicated switchboard operator 4 days per week, re-establish the job-sharing arrangement for the cashier role and to increase the Business Services Officer responsible for providing administrative support to the planning function from part-time (4 days per week) to full-time. The positions which are impacted are indicated by *:

Position Current FTE Proposed FTE

Business Services Coordinator 1.00 0.00*

Executive Assistant 1.00 1.00



Records Officer 1.00 1.00

Business Services Officer 1.00 1.00

Business Services Officer 0.80 1.00*








Total 9.71 9.71

Development and Environment It was determined that the Ranger position vacated on 23 January 2015 not be filled and that some of the funding for the position be reallocated to pound operations and maintenance via a contract or other employment arrangement. Financial Services The position of Creditors Clerk previously reported to Finance Officer Expenditure. When the position was vacated on 13 March 2015, a review was undertaken and it was decided the position should report to the Accountant. This will provide more flexibility and facilitate multi-skilling within the Finance Section, specifically the positions of Creditors Clerk, Finance Assistant and Finance Officer – Revenue. Water and Sewerage One of the three Sewer Attendant positions has been reclassified to Sewer Attendant/Relief Operator on the basis that essential selection criteria for the position include skills and knowledge to operate the plant. Civic Services Since the decision on 30 April, two Town Services Attendants have resigned from their employment with Council. Whilst the resignations were not part of the redundancy negotiations, it is now proposed to also make their positions redundant and delete them from the organisation structure in accordance with the recommendations contained in the Assistant General Manager Engineering Services‘ ‗Time for a Change’ report.



CO11062015SR_18 of 126

The reduction in Town Services staff represents savings in the 2015/16 budget of $112,897 (wages excluding on-costs) and it is proposed that this amount be reallocated to the capital refurbishment of public amenities. The basis for the proposal is that, in the community surveys undertaken by Council, the public amenities have generally rated as “high importance and low satisfaction”. Council would be aware that some of the amenities around the Shire are very old and give the appearance of not being clean even if they are. The reallocation of funding from wages to capital will facilitate the painting, tiling and upgrade of some of these amenities. CONSULTATION: General Manager Assistant General Manager Engineering Services Assistant General Manager Corporate Services Manager Infrastructure Services Manager Water and Sewerage Manager Development and Environment Water and Sewerage Engineer Accountant Affected employees United Services Union Consultative Committee SUSTAINABILITY ASSESSMENT: Environment Nil Social Nil Economic Nil Risk Council has eliminated the risk of industrial action by complying with its obligations under the Local Government (State) Award 2014 and maintaining a positive working relationship with the United Services Union. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets Savings from the reduction in Town Services staff will be reallocated to refurbishment of existing public amenities to bring them up to an acceptable standard and to maintenance of public amenities via a contract arrangement. Some of the savings from the reduction in Ranger staff have been reallocated to pound operations and maintenance via a contract or other employment arrangement; and overtime by existing staff. There will be a saving to general fund with an overall reduction in employee costs and a reduction of one vehicle from Council‘s fleet.



CO11062015SR_18 of 126

Source of fund and any variance to working funds The total cost of the seven (ie six Infrastructure Services positions plus one Ranger position) redundancies was $241,328.50 and has been met from 2014/2015 working funds. This has been offset by savings in wages as follows:

Positions Deleted Estimated wages 2015/16 ($)

Ranger 58,767.681

Parks Supervisor 64,009.55

Parks Attendant 50,367.26

Parks Attendant 50,574.90

Labourer - Bridges 48,747.03

Site Leader Roads 62,365.57

Loader Operator 52,178.90

Labourer - Roads 49,397.22

Town Services Attendant 54,687.802

Town Services Attendant 58,210.142

Sub Total 549,306.05

Positions Added Estimated wages 2015/16 ($)

Site Leader / Gardener 50,156.95

Site Leader / Gardener 50,156.95

Technical Officer Assets 56,454.30

Sub Total 156,768.20

Total Savings 392,537.85

1 $10,000 to be reallocated to weekend pound operations and maintenance

2 Funds to be reallocated to refurbishment of existing public amenities

Service level changes and resourcing/staff implications With regard to Infrastructure Services, this was addressed by the Assistant General Manager Engineering Services in his report to Council on 30 April 2015. There has been resourcing implications with the reduction in Rangers from two to one. This has been addressed by improving work practices and implementing overtime arrangements with existing staff. ATTACHMENTS: 1 13594/2015 - Proposed organisation structure chart 11 June 2015 (FTE 113.94)

Ordinary Council Meeting - 11 June 2015 Review of Council's Organisation Structure

Attachment 1 - Proposed organisation structure chart 11 June 2015 (FTE 113.94)

CORPORATE SERVICES DEPARTMENT

ASSISTANT GENERAL

MANAGER EFT 1 / Fixed Term

Scott Norman

MANAGER FINANCIAL SERVICES

EFT 1

Craig Doolan

MANAGER INFORMATION TECHNOLOGY

EFT 1

Dan Finlayson

ACCOUNTANT EFT 1

Faye Hawthorne

SENIOR GIS OFFICER EFT 1

Scott Mair

INFORMATION AND COMMUNICATIONS

TECHNOLOGY OFFICER EFT 1

Tim Shields

RATES OFFICER EFT 1

Chris Wills

FINANCE OFFICER EXPENDITURE

EFT 1 Jeneen Fuller

FINANCE OFFICER REVENUE

EFT 1

Helen Searle

RATES ASSISTANT EFT 1

Kylie Johnson

EXECUTIVE ASSISTANT EFT 3

Lorraine Hemsworth Heather Leclercq

Monika Schuhmacher

RECORDS OFFICER EFT 1

Loreto Wright

BUSINESS SERVICES OFFICERS EFT 6.11

GRANTS AND CONTRIBUTIONS

OFFICER EFT 0.6

Colleen Henry

FINANCE ASSISTANT EFT 1

Kerrie Leonard

CREDITORS CLERK EFT 1

Julie Cody

Teresa Boorer EFT 1 Colleen Dunlop EFT 0.8

Mel Ellis EFT 0.6 Cheryl Fortescue 0.2 Pauline Foss EFT 0.4

Candice Lopez EFT 0.8 Frances Milne EFT 0.8 Mark Northover 0.11 Emma Shaw EFT 1

Matt Harper (Fixed Term) EFT 0.4


Attachment 1 Proposed organisation structure chart 11 June 2015 (FTE 113.94)

DEVELOPMENT AND ENVIRONMENT SECTION



COMMUNITY DEVELOPMENT SECTION



HUMAN RESOURCES SECTION



ENGINEERING SERVICES



ENGINEERING SERVICES - WATER AND SEWERAGE SECTION



ENGINEERING SERVICES – INFRASTRUCTURE SERVICES SECTION


CO11062015SR_19 of 126


ITEM 9.14 SF1148 110615 COUNCIL RANGER'S REPORT MAY 2015

AUTHOR/ENQUIRIES: Teresa Boorer, Business Services Officer SUMMARY: The following is the Council‘s Ranger‘s report regarding Council‘s Companion Animal Activities and listing of penalty notices issued by Council‘s Ranger for May 2015. RECOMMENDATION: That Council’s Ranger’s report for May 2015 be received and noted by Council.

Cats Dogs

COUNCIL’S SEIZURE ACTIVITY

Seized (doesn‘t include those animals dumped or surrendered)

0 0

Returned to Owner 0 0

Transferred to - Council's Facility from Seizure Activities 0 0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

Animals In Council's Facility - (Start of Month) 0 3

Abandoned or Stray 2 9

Surrendered 0 10

Animals transferred from Seizure Activities 0 0

Total Incoming Animals 2 22

ANIMALS LEAVING COUNCIL'S FACILITY

Released to Owners 0 4

Sold 0 1

Released to Organisations for Rehoming 0 0

Died at Council's Facility(other than euthanased) 0 0

Stolen from Council's Facility 0 0

Escaped from Council's Facility 0 0

Other 0 0

EUTHANASED

Restricted Dogs 1

Dangerous Dogs 0

Owner‘s Request 0 0

Due to Illness, Disease or Injury 0 0

Feral/infant animal 0 0

Unsuitable for rehoming 0 0

Unable to be rehomed 0 0

Total Euthanased 0 1

Total Outgoing Animals 0 6

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 2 16

May 2015 PARKING & OTHER

REGO NO. PN NUMBER INFRINGEMENT DETAILS PENALTY $ DATE ISSUED

MS-0009 3106926570 No angle park as on parking control sign

104.00 1/05/2015

BVM-25E 3106926599 No angle park as on parking control sign

104.00 1/05/2015

BDA-93S 3106926608 No angle park as on parking control sign

104.00 1/05/2015


ITEM 9.14 COUNCIL RANGER'S REPORT MAY 2015

CO11062015SR_19 of 126

TYB-715 3106926617 No angle park as on parking control sign

104.00 1/05/2015

YKY-099 3106926580 No angle park as on parking control sign

104.00 1/05/2015

CRH-22L 3106926626 No Disable permit displayed 519.00 5/05/2015

AMI-92J 3106926635 No Stopping 242.00 5/05/2015

BQ-66-QJ 3106926644 No angle park as on parking control sign

104.00 6/05/2015

ZJN-109 3106926653 No angle park as on parking control sign

104.00 6/05/2015

CXP-72X 3106926662 No angle park as on parking control sign

104.00 6/05/2015

XRL-976 3106926671 No angle park as on parking control sign

104.00 6/05/2015

AP-33-LH 3106926680 No angle park as on parking control sign

104.00 6/05/2015

AP-84-LE 3106926690 Not park in direction of travel

173.00 6/05/2015

BV-60-ZH 3106926709 No Stopping 242.00 6/05/2015

AJI-25E 3106926718 No angle park as on parking control sign

104.00 6/05/2015

AA-44-KB 3106926727 No angle park as on parking control sign

104.00 6/05/2015

966-VDR 3106926736 No angle park as on parking control sign

104.00 11/05/2015

CB-96-YZ 3106926745 No angle park as on parking control sign

104.00 11/05/2015

BNC-73A 3106926754 No Stopping 242.00 11/05/2015

BJ-34-ZG 3106926763 No Parking 104.00 11/05/2015

BZ-89-WQ 3106926772 No angle park as on parking control sign

104.00 11/05/2015

BNY-58M 3106926781 No angle park as on parking control sign

104.00 11/05/2015

028-TXP 3106926790 No Stopping 242.00 11/05/2015

BL-21-AQ 3106926800 Loading Zone 173.00 11/05/2015

AJM-60E 3106926819 No angle park as on parking control sign

104.00 11/05/2015

AXA-74J 3106926828 No angle park as on parking control sign

104.00 11/05/2015

MMM-230 3106926837 No Parking 104.00 11/05/2015

BX-07-QK 3106926837 Park longer than permitted 104.00 11/05/2015

JP-2251 3106926855 Park longer than permitted 104.00 11/05/2015

AJ-41-QC 3106926864 Park longer than permitted 104.00 11/05/2015

May 2015 PARKING & OTHER (continued)


ZEF-589 3106926873 Park longer than permitted 104.00 11/05/2015

BT-16-ME 3106926882 Park longer than permitted 104.00 11/05/2015

AP-45-LE 3106926891 Park longer than permitted 104.00 11/05/2015

DAF-009 3106926900 Park longer than permitted 104.00 11/05/2015

TVN-527 3106926910 Park longer than permitted 104.00 11/05/2015

AR-24-HT 3106926929 Park longer than permitted 104.00 11/05/2015


ITEM 9.14 COUNCIL RANGER'S REPORT MAY 2015

CO11062015SR_19 of 126

BBA-87S 3106926938 Park longer than permitted 104.00 11/05/2015

AUC-46K 3106926947 Park longer than permitted 104.00 11/05/2015

313-SRC 3106926956 Park longer than permitted 104.00 11/05/2015

VCA-927 3106926965 Park longer than permitted 104.00 11/05/2015

AL-65-EB 3106926974 Park longer than permitted 104.00 11/05/2015

GM-625 3106926983 Park longer than permitted 104.00 11/05/2015

CQR-06K 3106926992 Park longer than permitted 104.00 11/05/2015

CCP-19Z 3106927001 Park on path in built up area 104.00 11/05/2015

ZEH-073 3106927039 No angle park as on parking control sign

104.00 22/05/2015

BV-46-FD 3106927048 No Stopping 242.00 22/05/2015

BTM-64Q 3106927057 No Parking (School Zone) 173.00 22/05/2015

BK-36-NE 3106927066 No Parking (School Zone) 173.00 22/05/2015

CA-13-JA 3106927075 Loading Zone 173.00 22/05/2015

XWL-804 3106927084 No Stopping (School Zone) 311.00 22/05/2015

BK-48-JA 3106927093 No angle park as on parking control sign

104.00 22/05/2015

BL-64-AP 3106927102 No angle park as on parking control sign

104.00 22/05/2015

ANR-22Q 3106927111 No Stopping (School Zone) 311.00 22/05/2015

BDC-33R 3106927120 No Parking (School Zone) 173.00 22/05/2015

DJK-002 3106927130 Taxi Zone 173.00 22/05/2015

BX-81-DC 3106927149 Loading Zone 173.00 22/05/2015

COJ-40B 3106927158 Loading Zone 173.00 22/05/2015

BE-09-ZU 3106927167 No Stopping 242.00 22/05/2015

BG-64-QV 3106927176 Taxi Zone 173.00 22/05/2015

URM-520 3106927185 No angle park as on parking control sign

104.00 22/05/2015

BX-46-DD 3106927194 No Parking 104.00 22/05/2015

BGB-15A 31069271203 Loading Zone 173.00 22/05/2015

CQR-04L 31069271203 Double park 242.00 22/05/2015

BC-33-ZI 31069271221 No Stopping 242.00 22/05/2015

BY-33-MD 31069271240 No angle park as on parking control sign

104.00 28/05/2015

UIX-832 31069271259 Park longer than permitted 104.00 28/05/2015

BN-09-TX 31069271268 Park longer than permitted 104.00 28/05/2015

BJB-79R 31069271277 Park longer than permitted 104.00 28/05/2015

CEH-28C 31069271286 Park longer than permitted 104.00 28/05/2015

May 2015 PARKING & OTHER (continued)


508-TDI 31069271295 Park longer than permitted 104.00 28/05/2015

AOW-018 31069271304 Park longer than permitted 104.00 28/05/2015

AZ-25-BO 31069271313 Park longer than permitted 104.00 28/05/2015

TOTAL VALUE OF PENALTIES:

10180.00

ATTACHMENTS: There are no attachments for this report.


CO11062015SR_21 of 126


ITEM 9.15 SF2049 110615 REPORT ON THE USE OF MOTELS FOR LONG TERM ACCOMMODATION

AUTHOR/ENQUIRIES: Anthony Brandie, Senior Health and Building Surveyor SUMMARY:

This report deals with part 1 of a resolution by Council on 30/4/15 ‗that Council receive a report

on the use of motels for long term accommodation addressing such issues as the maximum

length of stay, any required facilities for longer term accommodation and the details of any

inspection regimes or compliance checks‘.

RECOMMENDATION:

With respect to the Nirvana and Blue Dolphin Motels that the Orders provisions of the Environmental Planning and Assessment Act 1979 be employed to resolve the unauthorised Boarding House aspects of the current land uses and substandard fire safety within the premises.

OPTIONS:

1. Do nothing 2. Adopt recommendation

DISCUSSION:

On 20 May 2015 inspections had been arranged for 2 premises that have been the subject of

enquiries from the public both historically and in recent times. The premises are the Nirvana

Motel located at 12 – 16 Woodbell Street Nambucca Heads and The Blue Dolphin located at 6 –

10 Fraser Street Nambucca Heads. Both premises have the historical land use status as motels.

Both premises were inspected by Council officers Anthony Brandie and Rhys Edwards in the

company of the owner/proprietor, Ken Rothe.

The Nirvana site hosts two separate blocks of Sole Occupancy Units (SOU‘s) being units 1 – 8

and 9 -13 (part of which is undergoing repairs). There is also a detached building used as a

restaurant (Sawadee Thai) and two other detached dwellings. These dwellings were not

inspected and it is understood that these have separate tenancy arrangements.

Low occupancy rates were observed at the time of inspection. Internal access to each individual

room was stymied by the owner not having the correct keys at the time. The two tenancy

arrangements gleaned from this inspection were a worker ‗on the highway upgrade‘ having been

accommodated for some 18 months and a younger couple that were being accommodated on a

week to week basis having relocated from another area as they awaited a permanent residence

in Nambucca Heads.

Smoke detectors were identified in some rooms but not others that were inspected. Council

records do not indicate that any current Annual Fire Safety Statement exists for the premises. No

operational fire extinguishers were observed either.


ITEM 9.15 REPORT ON THE USE OF MOTELS FOR LONG TERM ACCOMMODATION

CO11062015SR_21 of 126

All buildings on the Nirvana are aged with evidence of low rates of investment in building

maintenance and grounds care over time.

The Blue Dolphin was observed as having low occupancy rates at the time of inspection. There

are some 20 SOU‘s in this facility all with bathrooms and most with a basic kitchen arrangement.

The facility also includes a manager‘s suite, a pool area (abandoned/not in use) and common

semi enclosed outdoor area with basic cooking facilities. Most rooms were visually inspected.

Some were undergoing minor repairs/maintenance. The owner advised that aspects of the use of

this building are governed by arrangements with Department of Housing and other social

institutions for various types of accommodation including that pertaining to crisis. In this regard

periods of stay can be variable and may be for extended periods of time.

Smoke detectors were identified in some rooms but not others. Council records do not indicate

that any current Annual Fire Safety Statement exists for the premises. Other concerns with

respect to fire safety include provision of fire hose reels, fire extinguishers, distances associated

with paths of travel for egress from the building and exit signs including directional signs. Other

matters include provision of solid core doors and fire rated building construction. The Blue

Dolphin has greater complexities than the Nirvana as they relate to fire safety eg. total floor area,

the layout of the building, rise in storeys (being 4), stair wells and distances of units from roads

and open space.

From the inspections carried out it would appear that both premises operate as a part boarding

house with varying socio-economic scenarios and part motel accommodation.

It is clear that these premises offer a form of accommodation that provides for a need in the

community. With respect to safety of occupants, the principal matter requiring attention is fire

safety. Matters such as adequate light and ventilation to rooms, potable water, adequate

sewerage services, general cleanliness, supply of clean linen and appropriate furniture were

considered acceptable at the time of inspection.

Premises operating as boarding houses (whether in part or whole) were captured by the Boarding Houses Act 2012 (BHA). This was passed in October 2012 as a whole-of-government response to concerns about the rights and safety of people living in boarding houses.

Part 2 of the BHA commenced on 1 January 2013 and provided for the registration of certain types of boarding houses by 30 June 2013. The BHA is jointly administered by the Department of Family and Community Services – Ageing Disability and Home Care (ADHC) and NSW Fair Trading. Councils are also bestowed with powers under this legislation to couple with other legislative powers that govern land use ie. the Local Government Act 1993 and Regulation – ‗Standards for Places of Shared Accommodation‘ and the Environmental Planning and Assessment Act 1979 – land use provisions.

To date neither premises have been registered with Department of Fair Trading.

Some benefits to note with respect to being a Registered Boarding House are;

The Office of State Revenue offers land tax exemptions for boarding houses that meet

certain criteria including rental/tariff levels that are below a certain level; and

The Department of Family and Community Services – Housing NSW Boarding House

Financial Assistance Program provides grants to help owners and operators of boarding

houses undertake essential fire safety works. These grants are worth up to $50 000.


ITEM 9.15 REPORT ON THE USE OF MOTELS FOR LONG TERM ACCOMMODATION

CO11062015SR_21 of 126

It is given that both premises can legally operate as Motels however their use as a Boarding House as well needs further Development Consent from Council.

If a Boarding House is deemed compliant, an inspection regime of every 2 years is considered

acceptable with respect to compliance.

CONSULTATION: Internal discussions on this matter have been held with Area Health and Building surveyor, Senior Town Planner and Manager Development and Environment. SUSTAINABILITY ASSESSMENT: Environment Improved fire safety will have a positive impact on the built environment. Social Improved fire safety will have a broader social outcome for occupants of the subject premises. Economic Compliance with Orders will have an economic impact on the property owner. Funding opportunities are available as referenced in this report. Risk There are existing risks to occupants of both premises with respect to fire safety. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets There may be a need to expend monies on enforcement of Orders. Source of fund and any variance to working funds Not applicable. Service level changes and resourcing/staff implications No implications. ATTACHMENTS: There are no attachments for this report.


CO11062015SR_11 of 126


ITEM 10.1 SF1620 110615 DRAFT INTEGRATED PLANNING AND REPORTING DOCUMENTS

AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services SUMMARY: The draft 2015-2016 Operational Plan, draft 2015-16 Revenue Policy (Fees and Charges) and draft 2015-2025 Long Term Financial Plan (LTFP) have been on public exhibition for the required time. No submissions have been received at the time of the writing of this report. The restructure of Engineering Services has been included in the Draft. Some other, changes and corrections suggested by Officers are noted be below. The consolidated budgeted cash position is now surplus $121,000 with a consolidated operating position of surplus $150,000. A copy of the Budgeted Financial Statements and Long Term Financial Plan is attached. It is significant to note there is now a budgeted operational surplus operating surplus in General Fund of $245,000. This report does not include any changes to the Environmental Levy Works Program. The Program was on public display for the same period as the IPR documents and any changes will be the subject of a separate report and can be included a subsequent quarterly budget review. RECOMMENDATION:

That Council adopt 1. The Draft Operational Plan 2015-16. 2. The Draft Revenue Policy 2015-16. 3. The Draft Long Term Financial Plan 2015-2025.

OPTIONS: Council can amend the documents as it sees fit. Council is required to have adopted Integrated Planning and Reporting Documents by the 30 June 2015. DISCUSSION: Changes to Draft Revenue Policy (Fees and Charges)

Fee or Charge Change Page Why

Beach Permits from $26 to $30 3 Previously over looked

Residential - Non Urban Rate

per $ on Land value from $.005719 to

$.005703 26

After updating of May supplementary assessments list and other rate category maintenance needed to reduce the levy on the residential categories to avoid raising more revenue than permitted

Residential Town Rate

Residential Village/Estates Rate

ees applicable to a development application for advertising structures on page 9 of Councils Fees and Charges. Proposed amendment


ITEM 10.1 DRAFT INTEGRATED PLANNING AND REPORTING DOCUMENTS

CO11062015SR_11 of 126

From:

Development Applications for Advertising Structure Minor Sign (less than 6m²) See Complying Development Certificate Major Sign $285 + $93 for each additional sign To:

Development Applications for Advertising Structure Sign which is consistent with Councils Development Control Plan

Scaled to estimated cost of development (as above)

Any other sign $285 + $93 for each additional sign Please note the ‗as above‘ is referencing the section of the fees and charges above the section we are amending on page 9. Changes to Draft Operational Plan 2015-16 (Budget) A reconciliation of cash position in general fund which includes the changes made to the draft document is attached. Significant changes to be noted are listed below. Impact of Engineering restructure. Operational Expenses Reduced by $152,730 This reduction in wages expense is spread across street sweeping, maintenance of parks and reserves and toilet maintenance and cleaning. Increase in capital budget of $121,000 to upgrade public toilets. This project is aimed at increasing operational efficiencies and follows on from similar upgrades. It is funded from the wages saving mentioned above. Capital Budget Reduced by $193,600. This reduction is spread across bridges, rural roads heavy patching, regional roads, and urban streets rehabilitation and reseal program. This represents a portion of the wages savings of the positions lost in the restructure. The budget for these wages has in the past been included in the capital works program, to represent the reduction in wages the amounts have been deducted from specific projects. There has been a net decrease in the plant replacement program of $3,000. This is minor net change and reflects the ―no net cost‖ approach to changes to the plant replacement program as a result of the restructure in the Engineering Department. Reduction in debt service payments from the 2014-15 borrowing program. The last loan funding (May 2015) for Transport (Roads) Borrowing Program 2014-15 was for $300,000, the budget amount was $500,000. The corresponding reduction in loan repayments has been included in the budget. Change in accounting policy in regard to gravel resheeting. This refers to a change in accounting policy to recognise gravel resheeting as a capital item rather than a operational expense. Gravel resheeting changes the expected useful life of the road assets, not merely ensure these assets achieve their design life, it is therefore appropriate to recognise investment on the balance sheet (statement of Financial Position) and not the Profit & Loss (Income Statement)



CO11062015SR_11 of 126

Changes being implemented in asset management for these classes of assets will mean Council will be in a position to capture the required information to capitalise the expense. In Particular the rural roads gravel pavement expenditure will have a gravel resheet program commencing 2015-16. While this change may seem academic it is the more appropriate treatment of the expenditure and has a beneficial effect on the Fit for the Future benchmarking ratios. Changes in Depreciation Expense for the Transport Asset Class The draft budget amount for depreciation on road assets was $2,381,000, this was down from $4,090,500 in the previous year. The number has been further refined to $2,308,700. The substantial reduction from last year is a result of revaluation of the asset class and Council‘s participation in the MIDROC ‗‘apples with apples‖ program. The revaluation has adopted a range of useful lives for transport assets that more accurately reflects the experience of the asset actual performance and current management practices. The best example is seals, previously they were all 10 years useful life, they now range depending on road hierarchy, and they are all over 10 years which is much closer to what has actually been happening. The 10 year life was more an aspiration than current practice. At the time of writing this report the revaluation had not been finalised, and depreciation expense for associated transport infrastructure (traffic signs, bus stops, land slip remediation and drainage) had not been reviewed. The 2014-15 budget amount has been used for these assets, it is not expected that the reviewed amounts will be substantially different. Council‘s Auditors have done a preliminary review of the revaluation of roads and have stated a preference to use depreciation rates based on a life cycle approach to maintaining roads rather than the straight line basis that has previously been used.

Diagram from APV, Technical Information Paper, Depreciation of Infrastructure Assets 2009, Author David Edgerton

Please note; a 2015 AASB ruling has not allowed residual values for road assets, so point 5 would now meet the horizontal axis.

This depreciation approach depreciates assets on a straight basis according the ―phase‖ of their life cycle they are currently in. Typically new assets stay in an ―as new‖ condition for some time, requiring very little maintenance. As the asset ages, the rate of deterioration increases and results in sharp decline in the assets service potential towards the end of its life. It follows that good asset management practices would mean there would be an intervention before this sharp drop and the asset would be returned to as new. The current maturity of Council‘s asset management information is not advanced sufficiently to accurately forecast consumption curves for road assets. The matter is the subject of ongoing discussions with Council‘s Auditors. The traditional straight line approach has been used to produce budgets for 2015-16. If the alternate life cycle approach is adopted it typically reduces the depreciation expense, this assumes



CO11062015SR_11 of 126

the ―model‖ consumption curve and the vast majority of the assets being in stage one, two or three of their lifecycle. Payment of Dividend from Water and Sewerage Fund to General Fund. The General Manager has authored two reports regarding the potential payment of a dividend from either or both the Water and Sewerage fund to the General Fund. A draft report has been received from Councils Auditor‘s indicating conditional support for the payment. If this transpires the dividend would be paid in the 2015-16 year and would be accountant for in a quarterly budget review. CONSULTATION: The drat documents have been on public display for public comment for the required time. Council has developed the documents through a budget workshop and numerous reports. Council Officers with budget responsibility have all contributed. SUSTAINABILITY ASSESSMENT: Environment The Draft Operational Plan and LTFP contain activities involving environmental investigations, work, reporting and compliance activities. The program funded by the Environmental Levy were advertised for public comment concurrently with the Budget documents. Social The support provided in the Draft Operational Plan and LTFP for community services and not for profit organisations is similar to the plan adopted in the prior year. Economic The support provided in the Draft Operational Plan and LTFP for economic development is similar to the Plan adopted in the prior year. There is no significant change suggested in the activities undertaken by Council. Risk Service levels and asset management practices inherently reflect the risk appetite of Council. Both of these are established as part of the IPR process. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets Budgeted movement in cash in position General Fund Surplus $67,900 Budgeted Operating Position 2015-16 General Fund Surplus $245,000 Budgeted movement of cash position in Water Fund Surplus $41,600 Budgeted Operating Position 2015-16 Water Fund Surplus $158,800 Budgeted movement of cash position in Sewerage Fund Surplus $11,100 Budgeted Operating Position 2015-16 Sewerage Fund Deficit $46,200



CO11062015SR_11 of 126

Source of fund and any variance to working funds All Funds have sufficient cash to meet the liquid equity levels mandated by Council policy. Service level changes and resourcing/staff implications The financial impact of the restructure of Engineering Services has been included. ATTACHMENTS: 1 16403/2015 - Summary of Changes to Draft Operational Plan 2015-16 2 16402/2015 - NSC IPR Budgeted Statements 2015-16

Ordinary Council Meeting - 11 June 2015 Draft Integrated Planning and Reporting Documents

Attachment 1 - Summary of Changes to Draft Operational Plan 2015-16


Attachment 1 Summary of Changes to Draft Operational Plan 2015-16


Attachment 2 - NSC IPR Budgeted Statements 2015-16


Attachment 2 NSC IPR Budgeted Statements 2015-16


CO11062015SR_22 of 126


ITEM 10.2 SF1991 110615 INVESTMENT REPORT TO 31 MAY 2015

AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant SUMMARY: The return on investments from 1 July 2014 to 31 May 2015 is $1,451,975 (Cash Result) Estimated Accrual interest up to 30.6.15 is $46,618 Anticipated interest return for financial year is $1,498,593. The budget allocation for the financial year ―2014/15‖ is $1,405,800. Council currently has $32.303 Million invested:

$ 5.850 Million with Managed Funds

$ 3.058 Million with On Call Accounts

$ 22.879 Million on Term Deposits

$ 0.516 Million in a Floating Rate Note. This report details all the investments placed during May and Council funds invested as at 31 May 2015. The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds. C P Doolan Responsible Accounting Officer RECOMMENDATION: That the Accountants’ Report on Investments placed to 31 May 2015 be noted. Investments Matured & Interest & Returns 1 to 31 May 2015

Term Deposits/Bank Bills

Institution AmountPeriod

(Days)Rate Interest

BCU 628,946.64$ 363 3.90% 24,394.51$

Managed Funds/On Call


(Days)

Performance

for Month

Returns This

Month

Annualised

Performance

FYTD

Returns

FYTD

UBS 208,590.32$ 31 0.00% 805.26$ 1.20% 2,479.87$ Interest Paid Daily each Quarter

ANZ (OC) 3,058,276.46$ 31 0.19% 6,764.68$ 2.14% 49,181.96$

Macq GIO Fd 4,126,301.09$ 31 0.13% 5,505.65$ 3.08% 125,218.68$

Long Term Funds


(Days)

Performance

for Month

Monthly

change in net

asset value

Change in

net asset

value LTD

Coupons

Paid to Date

Annualised

Performance

FYTD

NSW TCorp 1,515,108.83$ 31 1.55% 23,181.38$ 134,915.33$ N/A 14.45%

Floating Rate Term Deposits/Notes


(Days)

Performance

for Month

Monthly

change in net

asset value

Change in

net asset

value LTD

Coupons

Paid to Date

Annualised

Performance

FYTD

ING 516,225.41$ 31 0.00% 1,935.41$ 13,630.41$ 83,704.44$ 0.00%


ITEM 10.2 INVESTMENT REPORT TO 31 MAY 2015

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Investments held at 31 May 2015

Institution Amount Date

Invested

Period

(Days)

Maturity

Date

Interest for

monthInterest

Interest Due at

maturity

BCCU - No 2(Rollover) A2 $723,112.14 27/05/14 1094 25/05/17 2,555.66 4.30% 93,196.28$

IMB - No 1 A2 $1,137,680.96 24/07/14 378 06/08/15 3,319.53 3.55% 41,826.14$

Bank of Qld - No 3 A- $1,021,821.92 10/10/13 1461 10/10/17 4,115.28 4.90% 200,414.27$

Bank of Qld - No 4 A- $1,000,000.00 16/04/13 1457 12/04/17 4,027.40 4.90% 195,597.26$

Bank of Qld - No 5 A- $812,565.48 30/01/14 1461 30/01/18 3,085.52 4.62% 150,264.95$

AMP A+ $1,000,000.00 26/02/15 1096 26/02/18 2,794.52 3.40% 102,093.15$

NAB - No 3 AA- $1,141,723.45 05/07/13 727 02/07/15 4,025.75 4.29% 97,557.30$

NAB - No 4 AA- $1,243,529.51 05/03/15 476 23/06/16 3,239.99 3.17% 51,407.85$

NAB - No 6 AA- $1,173,486.09 12/06/14 364 11/06/15 3,568.68 3.70% 43,300.03$

NAB - No 8 AA- $844,469.51 27/03/14 742 07/04/16 2,894.33 4.17% 71,586.49$

NAB - No 9 AA- $1,025,265.76 14/11/13 728 12/11/15 3,370.74 4.00% 81,796.55$

NAB - No 10 AA- $758,437.81 16/04/15 280 21/01/16 1,820.25 2.92% 16,989.01$

NAB - No 11 AA- $750,000.00 19/12/14 188 25/06/15 2,188.36 3.55% 13,713.70$

NAB - No 12 AA- $1,000,000.00 22/01/15 266 15/10/15 2,884.93 3.51% 25,579.73$

NAB - No 13 AA- $500,000.00 05/03/15 287 17/12/15 1,302.74 3.17% 12,462.88$

Rabobank(Aust)-No.1 AA $500,000.00 23/04/12 1827 24/04/17 2,630.14 6.40% 160,175.34$

Rabobank(Aust)-No.2 AA $1,000,000.00 25/03/11 1832 30/03/16 5,876.71 7.15% 358,871.23$






Westpac(Coffs Harbour) AA- $95.12 28/02/15 31 31/03/15 0.00 0.00% -$

ING Bank (Aust) Ltd -No 1 A2/A- $523,677.77 06/02/14 1461 06/02/18 2,010.06 4.67% 97,890.01$

ING Bank (Aust) Ltd No 2 A2/A- $1,500,000.00 12/12/12 1464 15/12/16 7,779.45 6.31% 379,637.26$

ING Bank (Aust) Ltd -No.4 A2/A- $1,113,576.85 19/02/15 217 24/09/15 2,809.87 3.07% 20,324.76$

ING Bank (Aust) Ltd No 5 A2/A- $516,225.41 26/04/12 1426 22/03/16 2,185.12 5.15% 103,865.97$

ANZ (On Call) At call $3,058,276.46 30/04/15 31 31/05/15 6,764.68 2.25% 5,844.24$

Macquarie Global Income Opport.FundA $4,126,301.09 30/04/15 31 31/05/15 5,505.65 3.90% 13,667.67$

UBS Wealth Aust Ltd At Call $208,590.32 30/04/15 31 31/05/15 806.25 1.60% 283.45$

NSW Treasury Corp A $1,515,108.83 30/04/15 31 31/05/15 23,181.38 0.00% -$

TOTAL 32,303,856.33$ 119,161.43$ 2,823,873.32$



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OPTIONS: This report is for information only. DISCUSSION: This report details all the investments placed during May 2015 and Council funds invested as at May 2015. CONSULTATION: Grove Research and Advisory SUSTAINABILITY ASSESSMENT: Environment There are no environmental implications. Social There are no social implications. Economic Risk That Council may not meet its budget returns for 2014/2015 based on current performance.



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FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets A review of budgeted interest returns for 2014/2015 has been completed with the March 2015 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates. Source of fund and any variance to working funds Interest on investments has been assessed with the March 2015 Budget Review, Variances have been distributed between the Water, Sewerage and General Funds for the first three quarters of the financial year. Service level changes and resourcing/staff implications Not applicable. ATTACHMENTS: There are no attachments for this report.


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ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 T007/2015 110615 TENDER T007/2015 FOR CONSTRUCTION OF A RECREATION ROOM AT MACKSVILLE MEMORIAL AQUATIC CENTRE

AUTHOR/ENQUIRIES: John Hembry, Project Engineer SUMMARY: In accordance with Council‘s procurement and tendering procedures, the General Manager gave approval on 4 August 2014 to invite tenders for T007/2015 for the Construction of a Recreation Room at Macksville Memorial Aquatic Centre An open tender was conducted through Tenderlink which closed on 14 May 2015. A compulsory site meeting was held on 1 May 2015 which was attended by Council‘s Project Manager and a total of four (9) representatives from six (6) potential tenderers. Five (5) conforming tender submissions were received from the following contractors:

4D Build Pty Ltd

Cbuild North Coast Pty Ltd

Commercial Project Group Pty Ltd

NACE Consulting Pty Ltd

Van Mal Group Constructions Pty Ltd RECOMMENDATION: 1 That Council accept the conforming submission for T007/2015 Construction of a Recreation

Room at Macksville Memorial Aquatic Centre from Commercial Project Group Pty Ltd. 2 That Council update the Contract Register. OPTIONS: 1 Accept the recommendation.

2 Not accept the recommendation and not proceed with the project.

3 Not accept the recommendation and select another tenderer. DISCUSSION: Council was successful in winning a grant from The Department of Trade and Investment, Regional Infrastructure and Services for the Macksville Park Fun & Fitness Precinct. Grant works include the provision of a new recreation room in association with the Swimming Pool/Gymnasium complex. The proposed recreation room has been fully designed and specified by Dennis Partners of Kempsey who was awarded the architectural and structural design work in December 2014. As the new room is an extension of the existing gymnasium part of the building, the design and construction theme of that existing structure has been retained. This will result in a substantial and highly durable asset for Council and the community. Tenders were invited on 21 April 2015, and the tender closed 14 May 2015. The submissions have been assessed by an evaluation panel in accord with the criteria and weightings set out in the tender documents:

Value for money 50%

Evidence of Expertise and Resources 30%


ITEM 11.1 TENDER T007/2015 FOR CONSTRUCTION OF A RECREATION ROOM AT MACKSVILLE MEMORIAL AQUATIC CENTRE

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Proposed Duration 10%

Enhancement of Local Economy 10% A numerical evaluation resulted in the submission by Commercial Project Group Pty Ltd (CPG) of Port Macquarie receiving the highest overall score. CPG Pty Ltd has earned a solid reputation for delivering similar projects in the coastal vicinity of Coffs Harbour to Port Macquarie. The tendered price is within the budget allocated within the grant funds procured by Council for this project Details of the tender submissions and evaluation are included in the confidential report. CONSULTATION: Consulting Design Engineer Project Manager Engineering Designer Assistant General Manager Engineering Services SUSTAINABILITY ASSESSMENT: Environment Erosion and sediment control measures are obligatory during construction phase. Long term water quality management is sustainable. Social The project will enable improved community fitness amenity usage. Economic High specification structures will reduce long-term durability and maintenance issues. Risk All infrastructure involved is designed and constructed to ‗best practice‘ methods. FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets Grant funds have been allocated in the 2015/16 budget. Source of fund and any variance to working funds No variation anticipated. Service level changes and resourcing/staff implications No implications. ATTACHMENTS: There are no attachments for this report.

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