Agenda of Ordinary Council Meeting

ORDINARY COUNCIL MEE TING AGENDA ITEMS 30 APRIL 2020

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 11.00 am on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.

2 Public forum address regarding matters not on the meeting agenda:

Nambucca Valley Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 11.00 am on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information.

Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

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

Council Meeting Audio Recordings

Council audio records all Council Meetings and the recordings are posted on the website once the Minutes are released. Please note that the audio files could be quite large and may take a while to download.

Meeting Agenda

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

NAMBUCCA VALLEY COUNCIL

ORDINARY COUNCIL MEETING - 30 APRIL 2020

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.

Council Meeting Audio Recordings (Mayor)

This meeting is being webcast and those in attendance should refrain from making any defamatory statements.

AGENDA Page

1 APOLOGIES 2 PRAYER 3 DISCLOSURE OF INTEREST 4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 26 March 2020 ...... 8 5 NOTICES OF MOTION 5.1 NOTICE OF MOTION - Recruitment of General Manager ...... 17 5.2 NOTICE OF MOTION - Directing of Insurance Claim Work to Regional Centres ...... 19 5.3 NOTICE OF MOTION - Call for a Halt to Logging in the Nambucca State Forest ...... 20 5.4 NOTICE OF MOTION - Financial Support and Stimulus Packages for Local Government...... 22 6 PUBLIC FORUM 7 ASKING OF QUESTIONS WITH NOTICE 7.1 QUESTION WITH NOTICE - Highway Handover ...... 23 8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED 9 GENERAL MANAGER REPORT 9.1 Outstanding Actions and Reports ...... 26 9.2 Building and Construction Industry Long Service Payments Amendment (Bushfire Relief) Regulation 2020 ...... 35 9.3 Nambucca River Sewage Contamination - Threat of Legal Action ...... 37 9.4 Waiver (donation) of Development, Complying Development and Construction Certificate Application Fees for the Replacement and Repair of Bushfire Damaged Buildings ...... 41 9.5 Gaagal Wanggaan National Park Board of Management Appointment ...... 44 9.6 Notification of Aboriginal Land Claims - Nambucca Heads and Valla ...... 46 9.7 Valla Urban Growth Area - Project Management Plan ...... 49 9.8 Local Government (COVID-19) Splinter Award 2020 ...... 52 9.9 Proposed Alithia Learning Centre - Donation of Development Application and Construction Fees and Contributions ...... 54 9.10 Stronger Country Communities Fund Round 3 - Notification of Successful Projects ...... 57 9.11 Safe & Secure Water Program - Risk Prioritisation Advice ...... 59 9.12 Minutes of the Nambucca Valley Council Access Committee meeting held 25 February 2020 ...... 62 9.13 Fire Safety Order - Golden Sands Tavern ...... 66

9.14 Draft Local Strategic Planning Statement ...... 68 9.15 Bowraville Health One Facility - Demolition of existing dwelling, additions to existing commercial building & change of use to a medical centre at Lot 1 DP308691 and Lot 1 DP 1079002, 2-2A George Street, Bowraville ...... 71 9.16 Preliminary Environmental Levy Budget 20/21 ...... 82 9.17 Undetermined Development Applications either greater than 12 months or where submissions received to 18 March 2020 ...... 89 9.18 2020 March - Development Applications and Complying Development Applications Received ...... 91 9.19 2020 March - Approved Construction and Complying Development Certificates ...... 92 10 ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT 10.1 Review of Australia Day Awards ...... 93 10.2 OLG Circular Modification to Statutory Requirements ...... 98 10.3 Minutes of the Audit, Risk and Improvement Committee ...... 100 10.4 Revised Inventory Policy ...... 102 10.5 Investment Report to 31 March 2020 ...... 104 10.6 Grant Application Status Report...... 111 10.7 Variation Deed for SCCF1A-0068 - Upgrade of Bowraville Amenities - Application of Council Seal ...... 123 10.8 Schedule of Council Public Meetings 2020 ...... 125 11 ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT 11.1 2019-20 Capital Works Program Monthly Report April ...... 126 11.2 Funding for declared natural disaster event 20 December 2018 (AGRN 834) ...... 142 11.3 Tender REGPRO032021 for the Supply and Delivery of Traffic and Safety Signage ...... 144 11.4 Tender REGPRO022021 for the Supply and Delivery of Bulk Water Treatment Chemicals ...... 148 12 GENERAL MANAGER'S SUMMARY OF ITEMS TO BE DISCUSSED IN CLOSED MEETING 12.1 Tender REGPRO032021 Supply and Delivery of Traffic and Safety Signage 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.

12.2 Tender REGPRO022021 Supply and Delivery of Bulk Water Treatment Chemicals 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.

12.3 Matters Pertaining to Realised or Potential Losses 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.

12.4 Lease to Optus Mobile - Palmer Street, Nambucca Heads 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) (d) 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; AND 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.

12.5 Kian Road Bushfire - Status Report on Dwelling Rebuilds

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

12.6 Proposal for Project and Contract Management for Design and Construction of the Valla Growth Area - Stage 1 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.

12.7 Valuation Report Valla Growth Area Stage 1 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.

12.8 Council Land Sales 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.

12.9 General Managers 2019/20 Performance Review and 2020/21 Performance Agreement 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.

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 VALLEY 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]

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

Definitions

(Local Government Act and Code of Conduct)

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated. (Local Government Act, 1993 section 442 and 443)

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

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

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

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

 It may be appropriate that no action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict does not exist.  Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa). Care needs to be taken when exercising this option.  Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 The following document is the minutes of the Ordinary Council meeting held 26 MARCH 2020. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 30 April 2020 and therefore subject to change. Please refer to the minutes of 30 April 2020 for confirmation. PRESENT

Cr Rhonda Hoban (Mayor) OAM Cr John Ainsworth Cr Martin Ballangarry OAM Cr Susan Jenvey Cr David Jones Cr Janine Reed Cr John Wilson (Deputy Mayor)

ALSO PRESENT

Michael Coulter (General Manager) Robert Hunt (AGM Corporate Services) Paul Gallagher (AGM Engineering Services) Lorraine Hemsworth (Minute Secretary)

APOLOGIES

Cr Anne Smyth Matthew Sykes (Chief Financial Officer)

PRAYER

Father Shelwin Fernandez – Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor David Jones declared a pecuniary interest in Item 5.2 Mayoral Minute – COVID-19 Interim Response under the Local Government Act as Cr Jones owns property in relation to this category. Cr Jones left the meeting for this item.

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 5.1 Recruitment of General Manager under the Local Government Act as Mr Coulter’s colleagues may be applicants for the position and the opinion of the incumbent should not be considered by the Council.

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 10.3 Donations Program under the Local Government Act as Mr Coulter as a patrol captain and boat captain of the Macksville-Scotts Head SLSC is a member of their Management Committee which authorised a grant application which is included in the report.

CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING

SUBJECT: CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING 12 MARCH 2020 112/20 RESOLVED: (Wilson/Jenvey)

That the minutes of the Ordinary Council Meeting of 12 March 2020 be confirmed.

Page 8 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 Councillor David Jones left the meeting before the commencement of this item, the time being 5:34 PM MAYORAL MINUTE - CR HOBAN - LATE

ITEM 5.2 SF2909 260320 MAYORAL MINUTE - COVID-19 Interim Response 113/20 RESOLVED: (Hoban/Ainsworth)

That Council advertise a proposal to provide a 6 month rebate on water and sewerage access charges to those businesses and activities which have been the subject of a public health order to close being:

 Pubs  Registered clubs  Gyms, indoor sporting venues (this includes indoor dance classes)  Cinemas, entertainment venues  Casinos and nightclubs  Restaurants and cafes  Religious gatherings, places of worship  Amusement parks and arcades  Indoor and outdoor play centres  Community and recreation centres, health clubs, fitness centres, saunas etc  Public swimming pools  Galleries, museums, historic sites, libraries, community centres  Auction houses  Real estate auctions and open house inspections  Beauty, tanning, nail salons, tattoo parlours

Councillor David Jones returned to the meeting at the completion of this item, the time being 5:48 PM

Page 9 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 Mr Michael Coulter left the meeting before the commencement of this item, the time being 5:48 PM

NOTICE OF MOTION - CR HOBAN

ITEM 5.1 PV11/2020 260320 NOTICE OF MOTION - Recruitment of General Manager MOTION (Hoban/Ainsworth)

1 That three (3) specialist local government recruitment consultants be invited to provide a proposal and quote for the recruitment of Council’s new General Manager.

2 That the closing date for the proposals to be submitted to Council be no later than 17 April 2020 so that a report can be prepared for the Council meeting on 30 April 2020.

AMENDMENT: (Ainsworth/Reed)

That the report NOTICE OF MOTION – Recruitment of General Manager be deferred until the April 2020 meeting.

The amendment was carried and became the motion.

114/20 RESOLVED: (Ainsworth/Reed)

That the report NOTICE OF MOTION – Recruitment of General Manager be deferred until the April 2020 meeting.

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 5:54 PM

DELEGATIONS There were no delegations.

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.

Page 10 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 GENERAL MANAGER REPORT

ITEM 9.1 SF959 260320 Outstanding Actions and Reports 115/20 RESOLVED: (Ainsworth/Reed)

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

ITEM 9.2 SF85 260320 NSW Rural Fire Service Briefing 116/20 RESOLVED: (Reed/Ballangarry)

That the report NSW Rural Fire Service Briefing be deferred.

ITEM 9.3 SF1239 260320 Transfer of Eungai Preschool from Lifetime Connect Inc. to Eungai Preschool Inc. 117/20 RESOLVED: (Ainsworth/Jones)

1 That Council provide approval to Lifetime Connect to transfer ownership of the Eungai Pre- School to Eungai Pre-School Inc.

2 That Council’s seal be attached to any documents as may be required.

ITEM 9.4 SF2448 260320 Completion of Rain and Flood Gauge Project in the Nambucca Valley 118/20 RESOLVED: (Ainsworth/Ballangarry)

That Council note the DPIE Funded project ‘Improvements to the Nambucca River Catchment gauge network for improved Emergency Management’ has now been completed and the new gauges are operational.

Page 11 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020

ITEM 9.5 SF2884 260320 Undetermined Development Applications either greater than 12 months or where submissions received to 18 March 2020 119/20 RESOLVED: (Wilson/Ballangarry) That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions have been received to 18 March 2020 be noted by Council.

ITEM 9.6 SF1148 260320 Council Ranger's Reports & Penalties Issued - January, February 2020 120/20 RESOLVED: (Ainsworth/Reed)

1 The Ranger’s Impounding Statistics for the two months January, February 2020 be received and noted by Council.

2 The penalties issued for the (2) months of January, February 2020 be noted.

ITEM 9.7 SF2909 260320 Council Response to the COVID-19 Pandemic 121/20 RESOLVED: (Ainsworth/Wilson)

That Council adopt the draft Pandemic Plan (Doc No 11205/2020).

GENERAL MANAGER REPORT - LATE

ITEM 9.8 SF2550 260320 Recreational Fishing Trust – Habitat Actions Grants at Welsh’s Pioneer Park and 292 Wilson Road Congarinni North 122/20 RESOLVED: (Jones/Jenvey)

That Council accept the funding for both projects and affix Councils seal to the grant acceptance contract as required by the Recreational Fishing Trust.

Page 12 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.1 SF1618 260320 Delivery Program and Operational Plan Update 123/20 RESOLVED: (Reed/Ainsworth)

That Council note the status of the Delivery Program and Operational Plan as at 31 December 2019.

ITEM 10.2 SF2491 260320 Report on Local Government 2019 - NSW Auditor-General's Report 124/20 RESOLVED: (Wilson/Ballangarry)

That the report be received and noted.

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:02 PM

ITEM 10.3 SF2781 260320 Donations Program (Section 356) 2019/2020 (Round 2 - Applications for Approval 125/20 RESOLVED: (Reed/Ballangarry)

1 Council approve all sixteen (16) applications for monetary donation requests, received for Round 2, totalling $7,928.00 to the capped amount of $500.00, or a lesser amount as requested.

2 If any of the events do not proceed then a refund of the donation, if already paid, should be made to Council.

126/20 RESOLVED: (Hoban/Reed)

That for any event that is cancelled the donation not be presented to the organisation.

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:04 PM

ITEM 10.4 SF2806 260320 Investment Report to 29 February 2020 127/20 RESOLVED: (Ainsworth/Wilson)

That the Accountant’s Report on Investments placed to 29 February 2020 be noted.

Page 13 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020

ITEM 10.5 SF251 260320 Schedule of Council Public Meetings 2020 128/20 RESOLVED: (Wilson/Reed)

That the schedule of dates for April 2020 to September 2020 be noted and that this may need to be amended as required.

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT - LATE

ITEM 10.6 SF2909 260320 Emergency Delegations to the Mayor and General Manager 129/20 RESOLVED: (Ainsworth/Ballangarry)

(a) That Council pursuant to Section 226(d) and Section 377 of the Local Government Act 1993, delegate authority to the Mayor and the General Manager (or their delegates) jointly to exercise any functions of Council that may lawfully be delegated under Section 377 of the Local Government Act. This should be enacted in the event that the need arises which would limit the orderly operations of Council in regards to the operation of the governing body of elected members, including the ability to convene Ordinary and Extraordinary meetings and subject to the restrictions outlined in paragraphs (b) and (c) below.

(b) That a list of any matters considered under such delegated authority be submitted for Council’s information via Dropbox as soon as possible following the execution of such delegation and be formally reported to the next available scheduled Ordinary Meeting of Council.

(c) That this temporary delegation of authority only be put into effect if the elected Council is unable to meet because of a lack of a quorum from Councillors being affected by the virus. Further that this temporary delegation be put into effect if Council is unable to conduct ordinary meetings of Council due to restrictions imposed by relevant authorities and if no reasonable alternative or provision is made through the Office of Local Government in relation to the conduct of and attendance at meetings i.e. via the use of technology.

(d) That this temporary delegation also apply in light of any non-contrary legislative change, direction or advice arising as a direct result of the COVID-19 situation.

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 SF1676 260320 2019-20 Capital Works Program Monthly Report March 130/20 RESOLVED: (Hoban/Reed)

That the 2019/2020 Capital Works Program Report as at 16 March 2020 be deferred.

Page 14 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020 COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC) 131/20 RESOLVED: (Ainsworth/Reed)

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

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

Reason reports are in Closed Meeting:

GENERAL MANAGER REPORT - LATE For Confidential Business Paper in Closed Meeting

ITEM 1.1 SF2867 260320 Water Theft Prosecution

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.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.34 pm.

RESUME IN OPEN MEETING 132/20 RESOLVED: (Ainsworth/Reed)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.52 pm.

FROM COUNCIL IN CLOSED MEETING

The Minutes Secretary then read the Confidential resolutions.

GENERAL MANAGER REPORT - LATE For Confidential Business Paper in Closed Meeting

ITEM 1.1 SF2867 260320 Water Theft Prosecution 133/20 RESOLVED: (Jones/Jenvey)

That Council not agree to a settlement of the matter for the legal reasons provided and that the Council continue with proceedings in the Local Court.

Page 15 NAMBUCCA VALLEY COUNCIL Ordinary Council Meeting MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 MARCH 2020

CLOSURE

There being no further business the Mayor then closed the meeting the time being 6.54 pm.

Confirmed and signed by the Mayor on 14 April 2020.

Cr Rhonda Hoban OAM MAYOR (CHAIRPERSON)

Page 16 Ordinary Council Meeting 30 April 2020

NOTICES OF MOTION

ITEM 5.1 PV11/2020 300420 NOTICE OF MOTION - RECRUITMENT OF GENERAL MANAGER

AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor

SUMMARY:

This was deferred from March 2020 meeting.

General Manager, Michael Coulter, has announced his resignation to take effect 15 January 2021. Preceding his last day of employment, Mr Coulter will be on leave from 16 September 2020 so that his last working day will actually be Tuesday 15 September 2020.

In order for Council to have a new General Manager ready to commence on 18 January 2021, it is proposed to commence the recruitment process as early as practicable.

As with previous senior staff appointments, it is proposed that a specialist local government recruitment consultant be engaged to assist Council with the process.

RECOMMENDATIONS:

1 That three (3) specialist local government recruitment consultants be invited to provide a proposal and quote for the recruitment of Council’s new General Manager.

2 That the closing date for the proposals to be submitted to Council be no later than 17 April 2020 so that a report can be prepared for the Council meeting on 30 April 2020.

OPTIONS:

Council has options in relation to the timing of certain matters, such as when the consultants’ proposals should be submitted by; when to engage the consultant and when to begin the recruitment process.

DISCUSSION:

In order for Council to have a new General Manager ready to commence on 18 January 2021, it is proposed to commence the recruitment process as early as practicable.

As with previous senior staff appointments, it is proposed that a specialist local government recruitment consultant be engaged to assist Council with the process, including determination of an appropriate remuneration package; preparation of the performance agreement; timing of the recruitment (advertising, closing date for applications, date for interviews etc).

The report was complied with the Manager Human Resources.

CONSULTATION:

Manager Human Resources

CO30042020NM_1 Page 17 of 151 Ordinary Council Meeting 30 April 2020

ITEM 5.1 NOTICE OF MOTION - RECRUITMENT OF GENERAL MANAGER

SUSTAINABILITY ASSESSMENT:

Environment

Social

Economic

Risk

There are huge risks and costs associated with recruiting the best candidate for such an important role as that of Council’s General Manager.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

To be advised on 30 April 2020.

Working funds – justification for urgency and cumulative impact

Service level changes and resourcing/staff implications

ATTACHMENTS: There are no attachments for this report.

CO30042020NM_1 Page 18 of 151 Ordinary Council Meeting 30 April 2020

NOTICE OF MOTION

ITEM 5.2 SF2869 300420 NOTICE OF MOTION - DIRECTING OF INSURANCE CLAIM WORK TO REGIONAL CENTRES

AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor

SUMMARY:

It has been drawn to Council’s attention that Suncorp Group, which includes AAMI, Suncorp, GIO, APIA, Bingle, Shannons, CIL and Vero are directing insurance claim work to regional centres such as Coffs Harbour in preference to local Nambucca Valley businesses. This is becoming more and more common with household claims for storm damage e.g. roofing and glass and in particular smash repairs being sent to Coffs Harbour businesses. Evidence of this is a local Nambucca Heads smash repair business who have repeatedly applied to become a group accredited repairer. In response Suncorp Group have replied:

“Presently the existing Suncorp Recommended Repairer Network is able to manage the available opportunities within your area and surrounds, therefore do not require the services of additional repairers.”

What they don’t say is that the way they manage those available opportunities is by sending any resident from Nambucca Heads and surrounds who is insured with AAMI, Suncorp, GIO, APIA, Bingle, Shannons, CIL or Vero to Coffs Harbour businesses, even if they have used and trusted local repair centres all of their lives. There are no Suncorp Group Recommended Repairers in Nambucca Heads.

This is particularly concerning in the case of APIA who specialise in insuring pensioners. The Nambucca Valley has more than double the state average of residents over the age of sixty five and many are pensioners. Expecting them to travel to Coffs Harbour is inconvenient and unreasonable.

It is also unacceptable that insurance companies take money out of the Nambucca Valley by way of insurance premiums but give nothing back in support of local businesses. There appears to be a growing trend toward insurance companies choosing to deal with just one or two regional-centre-based businesses with the expectation that they service all outlying areas in the region.

Local businesses employ local people, contribute to skills development and spend money in the local community. These businesses are now struggling with the impacts of the bushfires and COVID-19.

RECOMMENDATION:

That Council write to Suncorp Group expressing disappointment in their lack of support for local businesses and request that they improve the convenience offered to Nambucca Valley residents by ensuring they include local businesses in their Recommended Repairer Network.

ATTACHMENTS: There are no attachments for this report.

CO30042020NM_4.DOCX Page 19 of 151 Ordinary Council Meeting 30 April 2020

NOTICE OF MOTION

ITEM 5.3 SF2869 300420 NOTICE OF MOTION - CALL FOR A HALT TO LOGGING IN THE NAMBUCCA STATE FOREST

AUTHOR/ENQUIRIES: Susan Jenvey, Councillor

SUMMARY:

Following the recent, globally significant, catastrophic bushfires the NSW Government has chosen to pursue a forestry agenda of economic activity in NSW forests at the expense of the environment. This includes, starting April 20th 2020, a 12 month plan to log Nambucca State Forest.

Nambucca Valley Council needs to show care for our natural systems, and join the community campaign to tell the state and federal governments that every patch of unburnt public native forest should be retained, as they are critical refuges for wildlife that has been severely impacted by the bushfire season.

RECOMMENDATION:

That:

1 Nambucca Valley Council join the community campaign to stop logging in Nambucca State Forest. That it writes to all relevant state and federal ministers expressing this concern.

2 Nambucca Valley Council is concerned that logging the Nambucca State Forest fails the precautionary principles that underpin the Regional Forest Agreement (RFA) system. That Nambucca Valley Council notes the Comprehensive, Adequate, and Representative Reserves (CAR) Systems have been severely impacted by the summer’s fires, and that every patch of unburnt public native forest should be retained, so forest dependent plants and animals can have a refuge until burnt habitat recovers, and ecological values, post fires, can be reported on, managed, and retained.

3 That Nambucca Valley Council affirms a commitment to the transition from public native forests to plantations and a just structural adjustment package for contractors, mill owners, and employees.

4 Nambucca Valley Council surveys its bushfire impacted community to see what materials they intend to rebuild with, and to calculate what percentage of materials will be timber.

DISCUSSION:

The Regional Forest Agreements were established to meet the competing demands on native forests for resource extraction and industry certainty, with sustainable environmental outcomes. Even before this summer’s bushfires RFA’s were failing to protect species threatened by logging and to secure environmental values more broadly. The Comprehensive, Adequate, and Representative reserves (CAR) Reserve System were an integral part of the Regional Forest Agreement (RFA) contracts. These reserves have been severely affected by the fires with 3 million hectares of dedicated parks and reserves burned. Fire has destroyed the policy foundation of the RFA system rendering it untenable.

The governments, both state and federal have failed to respond to the changed circumstances. The problems with the RFAs cannot be fixed within the RFA framework. The agreements are predicated on gradual change not catastrophic events. They contain no mechanism for altering the terms of agreement to reset the balance between conservation and production.

We now have a new, more threatening, more complex and uncertain era for forests and wildlife. To have a chance to avoid eco-system collapse and extinction events for threatened forest species logging must stop in public native forests.

 In NSW 60% of areas zoned for timber production were affected by fires but logging has resumed within state forests. It is apparent that protection of forests biodiversity is not of a high enough standard.

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ITEM 5.3 NOTICE OF MOTION - CALL FOR A HALT TO LOGGING IN THE NAMBUCCA STATE FOREST

 There is inadequacy in State threatened species protection.  Insufficient provision for adaptive management.  Deficient monitoring, compliance and enforcement.  A failure of devolving control on matters of national environmental significance from the Commonwealth to the states.

What’s happening in NSW forests post bushfires has become an exercise in executive power between the NSW Government, a Federal Government intent on growth and business as usual in the area of forestry and a heavily subsidized, traditional industry with access to influence on these governments. The result is an aggressive forestry agenda that follows a catastrophic event. Nambucca Valley Council could help this situation by leading discussion and drawing the governments attention to their unwillingness to address real problems of adaptive management and ecological sustainability.

Recent activities undertaken by the forestry industry include:

Forestry fires burnt reserves during last season’s bushfires. Then the trees were cut down as a hazard reduction measure. New fire trails were bulldozed along ridge lines as part of backburning operations during the fires. These new roads were then used to take the timber away as salvage. Then unburnt timber was logged in state forests previously earmarked for logging, including threatened species habitat. Then a whole series of new forests were opened for logging during the Corona Virus lockdown. Recently the EPA approved logging in forests hard hit by recent bushfires in the state’s north without first assessing the toll taken on koalas and wildlife.

NSW planning laws have been suspended. Forest Stewardship Council (FSC) has joined with Responsible Wood Australia to send a joint letter with to the federal government making doubly sure forestry was listed as ‘essential’ work. Then the fire-affected forests in NSW were ‘thinned’ as a trial sanctioned by the Environmental Protection Agency. Then the timber industry got COVID 19 funding to log ‘burnt wood’ from the NSW government.

Nambucca State Forest represents a wildlife refuge after the 2019-20 bushfires. It is a community owned natural asset valued for recreation and wellbeing. It is a tourist attraction and scenic backdrop to the town. It is rich in many rare and special natural values. It forms a part of a healthy and safe future for our NSW community’s in dealing with climate change.

Actions by Council to complete Koala Plans of Management, and funding for koala feed tree planting days cannot compete in terms of habitat value with existing forests. Nambucca Valley Council should be doing everything it can to help prevent the loss of such important habitat.

We need an investment in the environmental, social and governance aspects of our forests so they are fit for purpose. The government needs to step -up. We have lost enough of our forests reserves without destroying a recovering and unburnt forest such as Nambucca State Forest.

Note:

CAR stands for Comprehensive, Adequate, and Representative reserves. They comprise formal and informal reserves and a prescription to protect the environment in forests where logging is permitted.

FSC - Forest Stewardship Council is a global NFP organisation that enables businesses and consumers to make informed choices about forest products they buy. They certify forests all over the world to see that wood used in a product meets the requirements of responsible forest management.

ATTACHMENTS: There are no attachments for this report.

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NOTICE OF MOTION

ITEM 5.4 SF2869 300420 NOTICE OF MOTION - FINANCIAL SUPPORT AND STIMULUS PACKAGES FOR LOCAL GOVERNMENT

AUTHOR/ENQUIRIES: Susan Jenvey, Councillor

SUMMARY:

A summary is not required

RECOMMENDATION:

1 That Council calls on the Federal Government and NSW Government to urgently deliver comprehensive and multifaceted financial support and stimulus packages to local government to enable them to continue to operate effectively and provide essential services during the COVID-19 pandemic.

2 That Council calls for the packages to include the following measures:

 Increasing Financial Assistance grants to 1% of GDP to help councils maintain essential functions and services, acknowledging the increased costs and mounting revenue losses arising from COVID-19 (and drought and bushfire) as well as giving councils capacity to provide hardship assistance to businesses and residents.  Immediate financial assistance to support council employees.  Providing stimulus funding to councils for projects that will help sustain council operations and boost local economies. This could be achieved through increasing or bringing forward funding under existing funding programs or introducing new programs.  Increase access to TAFE, VET and other apprenticeship opportunities that council staff can undertake to address skills shortages, especially for staff in non-essential services who are unable to be redeployed.

3 That Council commends the NSW and Federal Governments on their stewardship during the crisis and commits to working in partnership to protect community health and sustain local economies through this crisis.

4 That Council write to the local Federal Member the Hon Pat Conaghan MP, and State Member the Hon Melinda Pavey MP, Prime Minister the Hon Scott Morrison MP, NSW Premier the Hon Gladys Berejiklian MP, Federal Treasurer the Hon Josh Frydenburg MP, NSW Treasurer the Hon Dominic Perrottet MP, NSW Local Government Minister the Hon Shelley Hancock MP, Federal Minister for Local Government the Hon Mark Coultan, Federal Opposition Leader the Hon Anthony Albanese, NSW Opposition Leader Jodi McKay MP, Federal Shadow Minister for Local Government Jason Clare MP and NSW Shadow Minister for Local Government Greg Warren MP to confirm their support for increased financial assistance and stimulus funding for local government to help councils maintain essential services and employment during the COVID-19 pandemic.

5 That Council endorses the Local Government NSW’s sector wide campaign to obtain financial assistance, employment support and stimulus funding for the local government sector.

6 That Council advise LGNSW President Linda Scott of the passage of this Notice of Motion.

ATTACHMENTS: There are no attachments for this report.

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QUESTION WITH NOTICE

ITEM 7.1 SF2869 300420 QUESTION WITH NOTICE - HIGHWAY HANDOVER

AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor

SUMMARY:

1 I understand that Giinagay Way is to remain the responsibility of the NSW Government as a State funded road. Have all the service roads associated with the construction of the new Pacific Highway been handed over to Council?

2 Does Pacifico have any outstanding financial obligations to Council in relation to defects with these service roads or damage to existing local roads? If so when will these obligations be finalised?

3 Should the Council seek to have transferred to its responsibility the maintenance of the two interchanges?

RECOMMENDATION:

Response from Assistance General Manager Engineering Services - At this point in time:

 Giinagay Way -remains under the responsibility and ownership of the NSW Government. The RMS had determined that the status of the old Pacific Highway (Giinagay Way) would be classified as a Regional Road, however, the State Government are yet to determine maintenance responsibility following the pre- election media release to take back the Regional Roads

 Northern section of the Pacific Highway -A pre-emptive report prepared by staff presented to Council in August 2019 recommended the acceptance of the upgrades to local rural roads and the new road and bridge infrastructure that were to be gifted to Council which are aligned to the northern section of the Pacific Highway (from local identifier Boggy Creek to the Nambucca/Bellingen Shire Council LGA boundary).

 A number of inspections of the various road pavements have been undertaken by Council staff in conjunction with the RMS and Contractor. All defects that were identified through these inspections have had appropriate remedial work undertaken by the contractor to the satisfaction of RMS and Council staff.

These local service roads comprised of Corkwood Road; Red Ash Road; Jackwood Road; Tuckeroo Road; East West Road; Blackbutt Lane; Flame Tree Road; Burkes Lane; Deep Creek Road and have now been brought onto Council’s asset data and Authority Capital Value Register (CVR) as part of the 2019/20 transport asset portfolio.

 Southern section of the Pacific Highway The obligation for maintenance on the identified roads at this point in time is the responsibility of the RMS and the contractor (from Nambucca Heads Interchange to the Nambucca/Kempsey LGA boundary) and is yet to be finalised as the RMS are still in negotiations with the contractor on rectification to identified defects.

A number of inspections of the various road pavements have been undertaken by Council staff in conjunction with the RMS and Contractor with a number of defects identified through the inspections which have or are the process having the appropriate remedial work undertaken by the contractor to the satisfaction of RMS and Council staff.

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ITEM 7.1 QUESTION WITH NOTICE - HIGHWAY HANDOVER

Following numerous meetings with the contractors over the past 18 months an agreement on the compensation for the dilapidation of pavement attributed to the contractors performing works on the Highway construction was reached.

The valuation of dilapidation of local roads was circa $290k and Council has raised a debtor to the contractor, at this point in time they have not paid the funds to Council.

The attached letter outlines the compensation funding and outstanding defects to be rectified before any formal acceptance is made. I am advised by the contractor that they are presently working on the defect rectifications, once these have been competed Council and RMS will inspect the said roads. PLEASE NOTE that the contractor is required to have Council concurrence prior to the RMS closing out the non-conformance with the contract.

In contractors most recent email they endeavoured to bring the gravel stockpile located on the new hospital access road into late negotiations and offered the gravel as compensation.

They were advised on Monday 2 February: The gravel stockpiles have never formed part of the discussions or negotiations pertaining to the dilapidation of local roads or payment thereafter. The offer of sale of the gravel was made by Pacifico via the Manager Infrastructure Services. Council were interested in the purchase of the material and a negotiated price per m3 which was accepted by both Council and Pacifico

Council raised a purchase order at the time to Pacifico for the purchase of the gravel, which was then placed on hold pending a dispute between Pacifico and Health regarding the ownership and also the rehabilitation of the site. I understand from Councils Manager Infrastructure Services:

a) We have used some of the material on Florence Wilmot Drive road extension and an order will be raised for the quantity used in order for Pacific to invoice Council for that material.

b) That Health or others have used material from the stockpile site and before any further purchase of material by Council can be enacted a new stockpile quantity survey is required to determine the quantity locate on site.

c) That Pacifico are aware that the site will require rehabilitation after the material is removed. The intent was to use the stockpile of topsoil (to be spread by Council) that was on site which has now been removed by other parties and there is no longer any material on site to remediate the area. This is a separate issue and as eluded to earlier is not and will not form part of the dilapidation of local roads.

As Such Council will raise a debtor invoice for the amount of $290,194.34 as the agreed amount for the dilapidation of local roads. It would be appreciated that you liaise with Council MIS regarding the stockpile, as eluded to Council are still prepared to purchase the material. However; If the gravel is now being brought into these negotiations at this late period of time the simple answer is Council are happy for Pacifico to retain the gravel and dispose of themselves.

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ITEM 7.1 QUESTION WITH NOTICE - HIGHWAY HANDOVER

3 Should the Council seek to have transferred to its responsibility the maintenance of the two interchanges?

I believe it is in interest of Council to take on the responsibility for the maintenance of these areas. The RMS would place them on a general maintenance program and not be reactive to the seasonal growth that Council could attend to. The interchanges are the gateway to the Valley and Council staff would be able to spend the time required to ensure that they do not become unsightly as they currently present.

Having said that – there is a significant cost attributed to maintenances of these areas associated with traffic management and WHS matters and some form of compensation would need to be provided to Council.

The interchanges are the entry statement into the Valley and Council agreed to take on the maintenance during the negotiations on the handover of the old highway. Council were to be compensated for the works through the regional road block grant once the old highway was classified as a regional road. As Noted earlier this has not progressed and there has been minimal maintenance work undertaken on the vegetation at these sites leaving them rather unsightly and overgrown.

There are complications for Council performing work on the interchanges as they are attached to the Federal road network, hence why there was an agreement reached to place them onto the regional road which allowed Council to perform the work without having to gain approval from the RMS each time.

ATTACHMENTS: 1 16885/2020 - Letter - Design and Construct Contract

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GENERAL MANAGER

ITEM 9.1 SF959 300420 OUTSTANDING ACTIONS AND REPORTS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Paul Gallagher, Assistant General Manager - Engineering Services; Robert Hunt, Assistant General Manager Corporate Services

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.

SUMMARY OF MATTER STATUS

FILE

ACTION

COUNCIL MEETING AUGUST 2018 1 SF761 16/08/18 That the lease to Optus GM Report in September 2018 mobile in Palmer St be deferred until the GM comes 5/9/18 – GM has contacted Optus who are to back with more information come up with a proposal for slimline antennas regarding options to improve to address Nambucca Heads black spots the wireless service in including the Plaza and Swimming Creek. Nambucca Heads. 19/8/18 – GM to follow-up with Optus

3/10/18 – Optus have advised that they are developing a proposal for consideration by Council. 17/10/18 – Optus have advised that the RF Technicians are developing a proposal including seeking Black Spot funding.

7/11/18 – Optus are pushing for the new lease with reduced rental for Nambucca Heads.

18/11/18 – Optus advise new tower at Scotts Head won’t be operational before late 2019 or early 2020. Optus advised that this is below expectation and they have the option of relocating their mobile phone transmission at Nambucca Heads to another property.

20/11/19 - Work has commenced on the Optus tower at Scotts Head

15/2/20 – Optus have contacted Council to advise Scotts Head tower has been completed. Optus has been asked to respond to complaints from neighbours adjoining the Mann Street reservoir that their equipment box air con at the base of the reservoir is creating a noise nuisance.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

SEPTEMBER 2018 2 SF1120 13/09/18 Report on the funding of the GM Report in November 2018. proposed playing fields and amenities for South 3/10/18 – Advice has been sought from the Macksville and include developer on the development of the park via a consideration of the use of works in kind agreement in lieu of S94 S94 funds. contributions.

23/01/19 – GM has spoken to Barry Kerr and a meeting is to be organised to discuss the dedication and the development of the lands within 2 weeks.

19/02/19 – follow up letter sent to Barry Kerr

20/2/2019 – Barry Kerr has spoken to General Manager. Has De Groot Benson preparing plans including the dedication including the land to Council.

08/05/19 – De Groot Benson has provided a concept plan to Council which has been referred to staff for comment. GM to respond to De Groot Benson.

24/05/19 – De Groot Benson provided with a response and a suggestion for a meeting.

1/08/19 – follow up email sent to De Groot Benson

9/10/19 - De Groot Benson have submitted a revised plan which is to be assessed.

23/10/19 – Meeting to be arranged with developer as terms of easement for transmission lines means that the playing field cannot be developed on the land.

18/11/19 – enquiry made to Dept of Premier & Cabinet to reallocate $390,000 in Stronger Community Funding to the Nambucca Heads Library

20/1/20 – Dept of Premier & Cabinet have rejected a request to reallocate the funding to the Nambucca Heads library and insist the funding be applied to a park at South Macksville. Developer has been requested to dedicate to Council 0.5 ha for a park.

3/03/20 – GM has met with the developer to organise dedication of land and construction of access. The developer has been urged to undertake this quickly lest Council lose the funding.

15/03/20 – Developer has been advised that the proposed open space will need to be dedicated to Council with constructed and dedicated road access.

22/04/20 – It is apparent that this project will be unable to be completed by the October 2020

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

deadline. Approval is being sought from the grant provider to transfer the funding to a further stage of the Macksville Aquatic Centre Master Plan. Approval for grant variation is likely to be forthcoming.

JANUARY 2019 3 LF6515 17/01/19 There be a further report to AGMES 21/1/19 – requires preparation of costed Council on the preferred design options and feedback from costed option/s and stakeholders first. Estimate report in August opportunities which might be 2019. available for funding channel remediation works at the 17/02/19 – letters sent to ASIC and Bentley’s Macksville Industrial Estate (Administrators) seeking approval to enter the (Yarrawonga Street) land to undertaken temporary and permanent drainage works.

7/3/2019 - Council had to seek permission from authors of the previous reports to add as an appendix within the consultants brief.

The Consultant brief seeking quotations for geotechnical investigation and conceptual design for drainage channel and embankment stabilisation and drainage channel modelling Yarrawonga street, Macksville - with supporting information and Geotechnical reports was placed on vendor panel 7 March to five consultants that have not been previously invoiced with this site.

Closing date for quotations is 5 April 2019 - a report will then be prepared for Council.

Report on the quotations and costings received prepared for 30 May meeting.

08/05/19 – Anticipated cost between $50 and $70K. Staff had some concerns in the submissions provided and has requested further information which has not been provided as yet. The report will now be presented to the Council meeting on the 30th,

20/1/20 - a briefing workshop of the initial investigations and potential remediation solutions was presented by the consultant on Thursday 16 January with Councillors.

Following the workshop, the consultants (SMEC) will now refine the design options and their respective costings. A further workshop will be conducted in February/March, a report will then be presented to Council to adopt an option to lobby external funding from State and Federal authorities.

7/04/20 –AGMES verbally advised at the March Council meeting that the consultant has advised Council that they were waiting on the APS to supply them with an estimate for a precast structure for the open drain as it will be significantly cheaper if they can cast in the adjacent yard and minimise transport costs.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

MTS has since contacted the consultant and advised that the work would be a significant cost warranting a tender and has sought the report prepared on the worst case scenario cost for the purpose of lobbying for external funds. FEBRUARY 2019 4 SF2162 14/02/19 That Council accept the GM Will report on progress by June 2019. funding being offered to prepare a Koala Habitat 20/06/19 – Matter discussed with OEH. A Management Strategy, and project brief will be developed in the new provide Koala food tree financial year. Staff will engage a suitably species to the community and qualified consultant to assist in the preparation hold a koala field day/s. of the strategy which will be reported to Council as a draft. Councillors will be notified and invited to the field day and advised of feed tree availability when the delivery of these actions are organised. Project is anticipated to be delivered in the first half of the 2019/20 financial year.

6/11/19 – a brief has been commenced and there has been consultation with the VBCA to assist with the field day and provision of feed trees. Due to other commitments now planned for 1st half of the 2020 calendar year.

5/02/20 – 2 May 2020 set for the Field Day at the Valla Lions Reserve – 10.00am to 1.00pm as currently seeking expressions of interest from landholders for koala feed trees.

22/04/20 – Field Day has been postponed for time being. MARCH 2019 5 SF600 14/03/19 Nambucca Heads Men’s Shed GM Report April 2019. – matter be deferred for 1 month for a further report in 17/04/2019 – Deferred until May 2019. relation to the progress of both properties and there be an 22/05/19 – Awaiting response from Nambucca inspection. Heads Local Aboriginal Land Council. Council will be unable to progress the matter without their agreement. 6 SF601 14/03/19 There be a report to Council on GM Report May 2019. opportunities for “free” camping in Bowraville. 19/05/19 – deferred to July due workload.

27/06/19 – deferred until after the sporting hub has been further considered as it includes a proposal for primitive camping. APRIL 2019 7 SF2547 11/04/19 Council write to the NSW GM Letters sent 14/04/19. Minister for Health cc to Member for Oxley and No progress has been made Local GP’s CEO of MNCLHD requesting indicate this is a priority for the new Macksville space and funding for a CT hospital to speed up diagnosis and to avoid scanner at the Macksville patients undertaking return trips to Coffs Hospital. Harbour.

5/06/2019 – Public campaigning for the funding of the CT scanner is being developed.

22/8/19 – no further news.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

3/9/19 – awareness campaign underway – posters in chemists, doctor surgeries, businesses and Facebook page.

6/11/19 – completed petitions being collected. Funding request for a hospital CT scanner to be sent to Federal Government.

21/1/20 – petitions collected. Suggest a NoM seeking Federal funding.

30/01/20 – NoM adopted to forward the petition to the Member for Oxley; NSW Minister for Health; the Member for Cowper; the Federal Minister for Health and the CEO and Board Chair of the MNCLHD.

15/3/20 – response received from Fed. Minister the Hon. Greg Hunt advising that it is a matter for the NSW Government.

19/03/20 – received response from Member for Oxley which is attached to this report. Councillors and staff should be aware of the particular requirements for the format of petitions for them to be tabled in the NSW Parliament.

2/4/20 – Letter from the Hon. Natasha Maclaren-Jones MLC Parliamentary Secretary for Health attached

8 SF983 24/04/19 Council enter into negotiations GM Aim to report by August 2019. with the NHLALC in relation to the short term maintenance and 08/05/19 – Letter sent to NHLALC and issue access issues as well as the discussed with CEO. longer term use of the land (the Faringdon Fields) 28/06/19 – No response. GM to follow up.

1/08/19 – Follow up email sent.

16/09/19 – Follow up letter sent.

4/11/19 – contacted CEO of NHLALC and meeting arranged on 7/11/19 at Council to discuss the matter.

20/11/19 – The matter was discussed with the CEO of the NHLALC. He is to list the matter for consideration by the Board.

21/1/20 – matter discussed with MBD to raise in forthcoming discussions with NHLALC. Concern that following rain there will be substantial growth in grass and Council is prohibited from entering the land to maintain it. MAY 2019 9 SF2329 16/05/19 Council consider providing GM Consider at budget meeting on 27 June 2019. $20K in its 19/20 or subsequent budgets for a 19/06/19 – Council’s budget for next year has detailed design for the River deteriorated with dollars $150k shortfall in the Street foreshore between the estimated FAG grant. There will be no bridge and Princess Street opportunity to fund this project in 19/20. with a view to the gradual Consider in 19/20-21.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

replacement of the Kaffir Plum trees. 27/06/19 – the adopted long term financial plan has $20k in 20/21 financial year. 10 SF2546 16/05/19 That Council consider in the AGMCS Report in April 2020. 20/21 budget the appointment of a Finance Officer position, 27/06/19 – the adopted long term financial plan responsible for stores relief has $ in 20/21 financial year. and assistance with other key functions within the Finance 20/4/20 – deferred to May when more is known Section such as assets about the 20/21 Budget figures. accounting, rates and water billing functions. JUNE 2019 11 SF2547 13/06/19 Council, in consultation with AGMES 19/6/2019 - Referred to the Traffic Committee the Bowraville Chamber of and will be reported back to Council after the Commerce, investigate meeting and consultation with Bowraville constructing an additional Chamber of Commerce. pedestrian crossing in High Street between George and 4/09/19 – MTS and GM met with the Chamber Belmore Streets. of Commerce on 15 August 2019, it was agreed that a pedestrian crossing was not warranted, but Council would install blister islands and line marking to reduce the pavement width as per the endorsed PAMP. Council will need to allocate $4000.00.

18/9/19 – Surveyor to set out kerb blisters once the Manager Technical Services has presented a proposal to the Access Committee on 24 September 2019.

23/10/19 – Access Committee and Chamber of Commerce have endorsed the island concept and not have a formal pedestrian crossing, the estimated cost is $4k and will be undertaken via budget variation.

20/11/19 - Island will be constructed mid-2020. AUGUST 2019 12 SF699 29/08/19 That Council receive a report GM/ 4/9/19 – Refer to Access Committee on the progress of the MCS program to improve 3/3/20 – check of meeting minute indicates accessible public toilets as request was signed off as “completed”. Action outlined in the Disability sheet has now been reassigned to Manager Action Inclusion Plan 2017- Community Development for a report. 2021, including how enhancements can be staged 18/03/20 – Listed for the next ACCESS to ensure that in the future the Committee meeting. Shire’s public amenities are suitable for our ageing population and for the growing number of those suffering from dementia within our community. SEPTEMBER 2019 13 SF1855 26/09/19 Council request the Local AGMES 9/10/19 – Awaiting a response from the RMS – Traffic Committee endorse the refer to the Traffic Committee Minutes. proposed changes to the intersection of Cooper and 20/11/19 – Still awaiting response from the River Streets, Macksville RMS.

7/04/20 – RMS have advised that this has been held up with the restructure within the RMS and the outcome of the Regional Road review

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

instigated by the State Government. Council would recall that the handover of the old highway and its classification has been placed on hold pending the outcome of the review.

22/04/20 – GM has sent a follow up email to the RMS in relation to reducing turning restrictions at the intersection of Cooper and River Streets, Macksville. NOVEMBER 2019 14 SF2547 14/11/19 Council staff report on the GM 18/11/19 - Report in January 2020 scope & budget for a Master Plan for Bowraville so that the 22/01/20 - Report deferred to February 2020 Council may consider the necessary funding in its 20/21 19/02/20 - To be considered in the Draft Budget budget. Also the report consider potential grant funding. DECEMBER 2019

15 SF2547 12/12/19 Council install bollards at the AGMES 22/1/20 – Works will be programmed for reserve adjacent to Scotts March/April. Head Caravan Park 16 SF699 12/12/19 Investigation of dump point at AGMES 22/1/20 – Provision for the Master Plan to be Grassy Park be undertaken in made in 20/21 budget. conjunction with Lions and Chamber of Commerce. Mackay Park amenities adjacent to Lanes Bridge not be demolished until the Master Plan has been prepared as part of the 20/21 budget. JANUARY 2020

17 SF2850 23/1/20 Council seek a gateway GM 4/2/20 – in lieu of pursuing a gateway approval approval to allow a multiple and LEP consideration is being given to occupancy at 1820 South Arm making application for Council to be listed in Road, South Arm and request Schedule 5 of the SEPP (Primary Production Dept of Planning, Industry & and Rural Development) 2019 which allows Environment to formally multiple occupancy in specified LGA’s. Bega, consider a state wide Bellingen, Clarence Valley, Coffs Harbour, response to the replacement Gloucester, Great Lakes, Richmond Valley, of unauthorised dwellings on Tweed are examples of councils listed in the land without a dwelling schedule and which can approve multiple entitlement. occupancy development. Matter will be reported if a change in approach is considered beneficial.

20/2/20 – The Coordinator Strategic Planning & Natural Resources has been requested to follow up the Dept. on the work/time required to amend the SEPP –v- a gateway process which has already been resolved by Council.

3/3/20 – letter has now been sent to Dept. requesting the Nambucca Valley be added to the SEPP so MO’s will be a permissible use with consent.

23/3/20 – Dept. of Planning, Industry & Environment advised that subject to the approval of the Minister the Dept. is happy to work with Council to have the amendment made to the SEPP.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

18 SF2850 23/1/20 Council make provision in its AGMES 4/2/20 – GM received advice from the NSW 20/21 water budget for the Dept. of Premier and Cabinet that it would installation of a metered, card receive $250,000 in funding for drought relief. operated water filling stations This funding could be spent on this project. at locations to be determined. Awaiting formal advice of funding.

5/02/20 – Funding guidelines received. It is unlikely it can be spent on water filling stations.

19/02/20 – To be considered in 20/21 Draft Budget. 19 SF2869 30/1/20 That Council conduct a AGMCS 4/2/20 – report by May 2020. complete review into the Aust. Day Awards and a report 4/3/20 – Meeting held 2 March with Australia come back to council by May Day Committee members seeking their views 2020. The review to on any changes. accommodate an Indigenous history of Aust. Day and 20/4/20 – meetings held with Aboriginal Elders include perspectives for Report to this meeting. change. 20 SF2869 30/1/20 That the contribution to a study GM 4/2/20 – to be considered as part of draft on the economic benefits of operational plan for 20/21. the GKNP be deferred for consideration in the draft budget for 20/21. 21 SF2869 30/1/20 Council forward the petition GM 4/2/20 – letters sent 7/2/20. requesting a commitment to provide for a CT scanner at 9/03/20 – response received from the Minister the Macksville Hospital to the for Health, the Hon. Greg Hunt advising that Member for Oxley; NSW Min. the provision of a CT scanner is not the for Health; Member for responsibility of the Federal Government. Cowper; Federal Min. for Letter attached. Health and MNCLHD. 22 SF2888 30/1/20 Council engage PWA to GM 4/2/20 – instruction to proceed sent to PWA on develop a detailed project plan 3/2/20. for the Valla Growth Area Stage 1 and provide a 19/02/20 – Council staff participating in project proposal for project meeting PWA on 21 February 2020. management. 23 SF1631 30/1/20 Council commence AGMES 4/2/20 – Report in May 2020. Council has investigations and call for EOI received a grant offer of $2m for this work. from suitable contractors to provide concept designs and 9/04/20 MWS has provided the information to estimates for enhanced DPI for the finalisation of a funding deed, PWA chlorine dosing facilities and a have been requested to provide a proposal to UV light disinfection system. Council for the project management. FEBRUARY 2020

24 SF2827 27/2/20 Council request Vokes & GM 4/03/2020 – Manager Community Peters to provide a concept Development to instruct Vokes & Peters. plan for replacing the public toilets at the Nambucca Heads library.

CO30042020SR_7.DOCX Page 33 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

MARCH 2020

25 SF1540 12/03/20 Council write to the Chair and GM 17/03/20 – letter sent CEO of BCU requesting the urgent reopening of the Bowraville branch. 26 SF2869 12/03/20 Council appoint AGMES as GM Report August 2020 Acting GM (when required) until 11/6/20 and AGMCS as Acting GM (when required) from 12/6/20 to 15/9/20 with matter to be reviewed prior to 12/09/20. 27 SF679 12/3/20 Member for Oxley be GM 18/03/20 – letter sent and matters discussed requested to organise a with Member for Oxley delegation … to meet with the relevant Ministers concerning 22/04/20 – Meeting with EPA Acting CEO and the listed regulatory and Regulatory Manager held 22 April 2020. approval issues pertaining to Agreed that Council is to lodge a formal the Nambucca Waste licence application for Cell 4 and that it will be Management Facility assessed by the EPA’s Principal Technical Advisor on its merits; the EPA is to send a revised PRP and licence conditions to Council in relation to the leachate monitoring; Council is to apply for a licence variation for the masonry processing; and the GM is to make contact with Premier & Cabinet and the Deputy Premier re acquiring 18.5 hectares from the Forestry Corporation. 28 SF1631 12/3/20 MW&S arrange a workshop AGMES 9/04/20 – Workshop on hold pending the with appropriate staff and outcome of the COVID-19 DPIE Water and PWA to discuss options for water treatment plants. 29 PV11/ 26/3/20 The NoM Recruitment of GM Mayor/ Report April 2020 2020 be deferred until the April 2020 MHR meeting. 30 SF85 26/3/20 That the briefing by the NSW AGMES New date to be scheduled post COVID-19 RFS be deferred 31 SF1676 26/3/20 That the 19/20 Capital Works AGMES Report April 2020 Program as at 16/3/20 be deferred ATTACHMENTS: 1 13622/2020 - Response to advocacy for CT scanner at Macksville Hospital

CO30042020SR_7.DOCX Page 34 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.2 SF578 300420 BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS AMENDMENT (BUSHFIRE RELIEF) REGULATION 2020

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

The NSW Government has regulated to provide an exemption from the long service levy for property owners replacing or repairing bushfire damaged buildings.

RECOMMENDATION:

That the information concerning the regulation to provide an exemption from the long service levy for property owners replacing or repairing bushfire damaged buildings be received.

OPTIONS:

There are no options. The report is for information.

DISCUSSION:

Following advocacy by this Council and others the NSW Government has regulated to allow a person liable to pay the long service levy under the Building and Construction Industry Long Service Payments Act 1986 to apply for an exemption or partial exemption of up to $3,500 for works with a value up to $1,000,000 (including GST). The exemption applies to the replacement or repair of buildings that were destroyed or damaged as a result of the NSW bushfires, during the period 1 July 2019 and 2 March 2020.

The exemption will mean that applicants undertaking building work to replace or repair fire damaged buildings will be able to make application to be exempted from the Long Service Payments Levy which otherwise requires applicants for construction certificates to pay 0.35% of building costs over $25,000 as a long service payments levy. Therefore a new house valued at $300,000 requires a long service payment levy of $1,050.

Applications for exemption are to be received by the Long Service Corporation in writing before 2 March 2023. On acceptance of the application, the Corporation will verify the details with the relevant LGA and provide a certificate to the applicant confirming if the conditions of the exemption have been met and the value of the exemption or partial exemption granted.

CONSULTATION:

The Council did make representations to the NSW Government in relation to the matter.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The NSW Government’s initiative will support bushfire affected residents as they replace and repair their dwellings and outbuildings.

Economic

There is no significant economic impact.

CO30042020SR_2.DOCX Page 35 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.2 BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS AMENDMENT (BUSHFIRE RELIEF) REGULATION 2020

Risk

There is a cut off of 2 March 2023. There is a risk that some property owners may not have development/construction certificate applications lodged by this date.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

There are no service level implications.

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_2.DOCX Page 36 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.3 SF971 300420 NAMBUCCA RIVER SEWAGE CONTAMINATION - THREAT OF LEGAL ACTION

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

The Council has received a letter from the Nambucca River Oyster Growers threatening legal action in relation to sewage spills into the Nambucca River and particularly from East Street, Macksville during significant rain events.

RECOMMENDATION:

1 Council consider funding a $50,000 feasibility investigation for an “end of pipe” solution to sewage surcharges in Macksville in its 2020/21 Operational Plan.

2 That in response to their correspondence of 12 March 2020 the Nambucca River Oyster Growers be advised of this action.

OPTIONS:

The Council has the option of not funding a feasibility for an “end of pipe” solution and continuing only with the Pollution Reduction Program with its attendant risks.

Another option put forward by oyster farmers is for the Council to “buy out” the industry. It is unclear how this could be achieved. If this option was to be entertained the Council could only purchase existing leases and infrastructure by agreement and without any independent arbitration of price it’s unlikely there would be universal agreement as to the required compensation. But even purchasing the industry does not resolve the issue as Council can still be subject to fines and orders from the EPA in relation to pollution.

DISCUSSION:

On 12 March 2020 the Council received the following correspondence from the Nambucca River Oyster Growers.

Re Sewer Contamination – Nambucca River System

This letter is to inform you that the Nambucca River Oyster Growers are putting council on notice that you are at risk of legal action being taken against you in the event of further sewer contamination effecting the oyster growers on the river.

We don’t want to waste rate payer money in court battling for compensation for the loss of earnings as a result of ongoing breaches to an outdated infrastructure system that has consistently failed over many, many years.

Surely after such a lengthy time with continuous sewer spills, a proper plan should have been put into place to remedy the effluent being injected into the river system.

Our concerns have been heavily documented and brought to your attention consistently over a number of years, yet no solution has been brought forward.

We are tired of the matter being brushed aside. You are fully aware of the magnitude of this issue and have failed to act in a reasonable time frame to fix the problem. Where does that leave your duty of care?

We can’t insure our crops for this type of disaster, and our ability to trade ceases due to mandatory closure periods of 21 days, and then more time presses on.

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ITEM 9.3 NAMBUCCA RIVER SEWAGE CONTAMINATION - THREAT OF LEGAL ACTION

We can’t just keep accepting the loss of income. Each of these closure periods over a 12 month timeframe add up, and the industry is seasonal. There have already been several sewer spills this year and we are only in the third month.

The impacts of the sewer contamination is detrimental to our community, and impacts the economic viability of the Oyster industry in the Nambucca River. We are fed up.

We want the issue of the East Street breach fixed so that raw sewage is not pumped into the river.

Yours truly

Nambucca River Oyster Growers”

It is agreed with the Nambucca River Oyster Growers that the issue of sewage contamination forcing a mandatory 21 day closure of their industry has been a perennial problem. The industry queries that after such a lengthy time, “a proper plan should have been put into place to remedy the effluent being injected into the river system”. However a plan was put in place in 2019 by the EPA in consultation with Council. This plan, a “Pollution Reduction Program”, is discussed further in the report.

Sewage discharges can generally be categorised as “sunny day” failures or surcharges associated with high rainfall events.

Typically “sunny day” failures are caused by flushable wipes or some other obstruction like tree roots block a pipe or pump impellers causing a surcharge at an upstream inspection opening or manhole. Often this is remote from the Nambucca River but there have been occasions where such surcharges have occurred close to the river.

Sewage surcharges associated with high rainfall events are caused by significant stormwater infiltration to the sewage system which typically overwhelms a pump station resulting in a surcharge at or immediately upstream of the pump station. The perennial problem of surcharges at East Street in Macksville is a good example of this.

Pollution Reduction Program

On 16 May 2019 the Manager Water and Sewerage reported to Council on a Pollution Reduction Program which had been agreed with the EPA in response to sewage surcharges during 2018. The Pollution Reduction Program is in the form of an amendment to the EPA licences for both the Macksville and Nambucca Heads Sewerage Systems to include the program and report on the actions it intends to take to reduce the occurrence of sewage overflows.

In the report to Council’s meeting on 16 May 2019 it was also proposed and subsequently agreed to provide funding for an additional reticulation attendant in the organisation structure to predominantly work on issues related to preventing stormwater ingress into the sewage systems. This funding was provided in the 2019/2020 budget. However since the adoption of the budget the Council has had difficulty retaining and recruiting suitably qualified staff for its water and sewerage operations to the extent that the intended work of detecting and taking action to stop stormwater ingress has not occurred.

The Pollution Reduction Program requires the following.

8 Pollution Studies and Reduction Programs

U1 Sewer Overflow Scoping Report Note: The objective of this PRP is to identify components from the sewage reticulation system of Nambucca STP and Macksville STP that pose a significant risk of harm to the environment or public health, and to identify management priorities and actions required to reduce this risk. This report is to be drafted that includes the matters identified in U1.1 to U1.3 inclusive. The report including all elements is to be provided on 1 July 2020.

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ITEM 9.3 NAMBUCCA RIVER SEWAGE CONTAMINATION - THREAT OF LEGAL ACTION

U1.1 Location of all potential overflow points Identification of the location of all known and potential flow release locations (overflow points) within the reticulation system and conduct an assessment of the likelihood of overflows from these points. This information is to be incorporated in the Sewer Overflow Scoping Report to be submitted to the EPA by 1 July 2020.

U1.2 Ranking risk of each overflow location Evaluation and ranking of the resultant risk to the environment and public health from each of these overflow locations (known and potential flow release locations). This information is to be incorporated in the Sewer Overflow Scoping Report to be submitted to the EPA by 1 July 2020.

U1.3 Management actions priorities Identify management actions that can be used to manage the risk of occurrence and/or any impact of overflows. The management actions should include (but not limited to): - Investigation/inspection of sewer lines, including smoke testing and camera inspection - Prioritisation of water jetting to remove tree roots and line repairs/relining - Actions to abate wet weather flows (infiltration and illegal connections) - Documentation and review of telemetry system alarms. - Measures to decrease timeframes for identification of overflows taking into consideration the ranking risk - Mitigation measures and management actions in the event of an overflow, including containment measures and clean up strategies. - Evaluation of management actions that can be used to manage the risk of occurrence and/or any impact of overflows by an independent specialist.

The Manager Water & Sewerage advises that he has been undertaking work on the Pollution Reduction Program and will be in a position to submit the required report by 1 July 2020.

Notwithstanding the EPA, in consultation with the Nambucca River Oyster Growers, put in place this Pollution Reduction Program it is plain in the letter from the Oyster Growers they are seeking more immediate and decisive action to rectify the problem.

The focus of management actions in the Pollution Reduction Program is what may be described as “start of pipe” solutions. Where the stormwater infiltration is identified as coming from private property the Council will need to liaise with property owners and in all likelihood issue a notice and then order requiring repair work to be undertaken by a specified date. Depending upon the scope of the work and the financial circumstances of the owner, this “start of pipe” solution as it relates to private property will be labour intensive and slow. There is also the possibility that some stormwater infiltration originates from mains or access locations which are the responsibility of Council. Again depending upon the scope of repair work this may require budgeting for the work to be undertaken in the following financial year.

Whilst the long term application of the Pollution Reduction Program should make slow, incremental improvement it will not resolve the issue at East Street, Macksville in the short term or medium term.

Proposed Feasibility for “End of Pipe” Solution

It is suggested that in addition to the “start of pipe” approach in the Pollution Reduction Program the Council should also explore an engineered “end of pipe” approach. An example of an “end of pipe” solution would be to provide some form of temporary storage to enable a portion of wet weather flow, sufficient to prevent surcharging in the system, to be diverted to it and stored until such time as it can be pumped back to the Macksville Sewerage Treatment Plant for treatment.

Options to divert flow away from East Street could also be considered.

An engineered “end of pipe” solution for the Macksville sewerage catchment will require a feasibility investigation by an experienced and competent civil engineering consultancy. Public Works Advisory has significant experience in the Macksville sewerage system and it is proposed they be engaged to undertake a feasibility which would incorporate a number of options with estimated costings.

CO30042020SR_6.DOCX Page 39 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.3 NAMBUCCA RIVER SEWAGE CONTAMINATION - THREAT OF LEGAL ACTION

Once Council has a feasibility with costed options it can then seek grant funding for their implementation.

CONSULTATION:

There has been consultation with a representative of the Nambucca River Oyster Growers and also with the Manager Water & Sewerage.

SUSTAINABILITY ASSESSMENT:

Environment

It is agreed with the Nambucca River Oyster Growers that more effort needs to be made to minimise sewage spills. The Council will be unable to fund this extra effort on its own.

Social

The importance of the oyster industry to the growers, for tourism and the generally marketing of the Nambucca valley as a “clean and green” destination is acknowledged.

Economic

The economic value of a healthy river system exceeds the product value of the local oyster industry.

Risk

As indicated in the letter from the oyster growers a sewage spill in the Nambucca River results in a 21 day shutdown in their oyster harvesting. Whilst some sewage spills do overlap with flood events which also result in the closure of the industry there have been a number of spills in recent years which have closed the industry when it would otherwise be operating.

As discussed in the report there is definite risk that the EPA required pollution reduction program will not make any appreciable difference to sewage surcharges in the medium term and depending on the source of inflow it may not be effective in the long term.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The recently completed Integrated Water Cycle Management Strategy has made no provision for an “end of pipe” solution to sewage surcharges from the Macksville sewerage system.

It is proposed that Council consider funding a feasibility investigation for an “end of pipe” solution to sewage surcharges in Macksville. It is estimated that the feasibility would cost in the vicinity of $50,000 but it would then allow Council to seek funding from the NSW Government for its implementation.

Working funds – justification for urgency and cumulative impact

It is proposed that the funding for the feasibility study be considered in Council’s 2020/2021 Operational Plan. Therefore there is no impact on working funds.

Service level changes and resourcing/staff implications

There are no significant service level or resourcing implications.

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_6.DOCX Page 40 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.4 SF2850 300420 WAIVER (DONATION) OF DEVELOPMENT, COMPLYING DEVELOPMENT AND CONSTRUCTION CERTIFICATE APPLICATION FEES FOR THE REPLACEMENT AND REPAIR OF BUSHFIRE DAMAGED BUILDINGS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

The Council has received its first application for the replacement of a building destroyed by the Kian Road bushfire. The building is a shed on a property which did not lose its dwelling. It is recommended that Council seek to waive all of its application fees and charges for the replacement or repair of bushfire destroyed and damaged buildings.

RECOMMENDATION:

1 Council waive all of its application fees and charges for the replacement or repair of bushfire destroyed and damaged buildings. These fees and charges include but are not limited to development application fees; complying development fees; construction certificates fees; advertising and notification fees; inspection fees; and Section 7.12 developer contributions (where applicable).

2 That Council staff maintain a record of the value of the council fees and charges which are waived so they may be accounted for as a donation to the bushfire recovery effort and that if there is remaining funding from Council’s grants program to bushfire affected residents that a program variation be put to the Commonwealth Government for Council to recoup these donations.

OPTIONS:

Within the terms of Section 356 of the Act, the Council has discretion in relation to the levying of application fees (development, complying development, construction certificate and Section 7.12 (Section 94A developer contributions)

DISCUSSION:

The Council has received its first application for the replacement of a building destroyed by the Kian Road bushfire. The building is a shed on a property which did not lose its dwelling.

Whilst there has been discussion in relation to waiving all Council fees and charges for the replacement of bushfire damaged buildings, a review of reports and resolutions in relation to bushfire assistance indicates that this has not been formally resolved.

Section 356 of the NSW Local Government Act 1993 provides as follows:

356 Can a council financially assist others?

1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

3) However, public notice is not required if – a) the financial assistance is part of a specific program, and b) the program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

CO30042020SR_12.DOCX Page 41 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.4 WAIVER (DONATION) OF DEVELOPMENT, COMPLYING DEVELOPMENT AND CONSTRUCTION CERTIFICATE APPLICATION FEES FOR THE REPLACEMENT AND REPAIR OF BUSHFIRE DAMAGED BUILDINGS

c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and d) the program applies uniformly to all persons within the council’s area or to a significant group of persons within the area.

4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.

However the Office of Local Government has now advised that this advertising requirement has been waived due to the COVID-19 pandemic.

The Council has also received advice from the NSW Government that both the Plan First Levy and the Long Service Payments Levy have been waived for bushfire related rebuilds.

Damage reports for the Kian Road bushfire indicate that:

 63 homes were destroyed  19 homes were damaged  135 outbuildings were destroyed  26 outbuildings were damaged  349 rural properties were impacted.

Consistent with the action by the NSW Government it is recommended that Council waive all fees and charges for the replacement or repair of bushfire destroyed and damaged buildings.

The cost in foregone revenue of waiving Council fees and charges is unknown. It will amount to a substantial donation towards the bushfire recovery. The fees and charges will mainly pertain to development applications, complying development applications, construction certificates and Section 7.12 developer contributions.

There are good social and economic reasons for the proposed donation of application fees and charges.

Firstly the Kian Road bushfire wrought huge financial and psychological costs on the owners of the 349 impacted properties.

Secondly there is a more pragmatic economic reason for providing the suggested fee waiver in that research indicates that communities which have the best economic recovery from a natural disaster are those where the affected residents feel supported by their community. In this respect the Council is the community’s lead voice.

CONSULTATION:

There has been consultation with the Manager Development & Environment.

The Council is no longer required to advertise this donation for public comment.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The social implications are discussed in the report.

CO30042020SR_12.DOCX Page 42 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.4 WAIVER (DONATION) OF DEVELOPMENT, COMPLYING DEVELOPMENT AND CONSTRUCTION CERTIFICATE APPLICATION FEES FOR THE REPLACEMENT AND REPAIR OF BUSHFIRE DAMAGED BUILDINGS

Economic

The economic implications are discussed in the report.

Risk

The major risk pertains to Council’s reputation in not doing all it can to support its residents and property owners who have been adversely impacted by the Kian Road bushfire. So far the Council has been proactive and supportive in allocating grant funding and seeking to legitimise all bushfire destroyed and damaged dwellings regardless of whether or not they were authorised and had a dwelling entitlement.

It is also important that the risk of unauthorised and bushfire prone dwellings being re-established be minimised. The proposal will minimise the risk of this occurring and put Council in a better position should it subsequently be required to undertake compliance action in relation to an unauthorised dwelling.

It would have been preferable for this proposal to have been formalised earlier but it was apparently overlooked by myself.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be some foregone application income.

Working funds – justification for urgency and cumulative impact

There is no implication for working funds.

Service level changes and resourcing/staff implications

Applications for the replacement or repair of bushfire damaged buildings will increase the workload in Council’s Development & Environment Section. The work associated with the incoming applications will need to be monitored to ensure that Council has allocated sufficient resources for its staff to complete the assessment of applications in a timely manner.

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_12.DOCX Page 43 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.5 PRF73 300420 GAAGAL WANGGAAN NATIONAL PARK BOARD OF MANAGEMENT APPOINTMENT

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

A summary is not necessary.

RECOMMENDATION:

That Council nominate Cr John Ainsworth to the Gaagal Wanggaan National Park Board of Management.

OPTIONS:

The Council has the option of whether or not to put forward the requested nominations.

DISCUSSION:

At Council’s meeting on 12 December 2019 it was resolved as follows:

1. That Council put forward 2 nominations for the position of Member and 1 nomination for the position of Deputy on the Gaagal Wanggaan (South Beach) National Park Board of Management.

2. That Councillor Jenvey be nominated as member and Councillor Wilson be nominated as deputy member.

Council has now received the following email from an officer of the Office of Environment & Heritage (National Parks and Wildlife Service)

“John Ainsworth has indicated to NPWS and the Gaagal Board that he is willing to continue as the Gaagal Board Member for Council until the next elections in 2021.

To progress John’s nomination I will need a letter on Council letterhead nominating John for the Gaagal Board.

Seeing as the Minister requested 4 nominations from Council there is no need to withdraw either Cr Wilson’s or Cr Jenvey’s nominations, we can just add John’s nomination as well.

I assume Council will need to ratify John’s nomination so any information you can provide re Council’s next meeting is appreciated.”

The Office of Environment and Heritage has been advised that the matter has been reported to this Council meeting.

As per the suggestion from the Office of Environment and Heritage it is recommended that Council nominate Cr John Ainsworth to the Gaagal Wanggaan National Park Board of Management.

CONSULTATION:

The matter has been discussed with Cr Ainsworth.

CO30042020SR_15.DOCX Page 44 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.5 GAAGAL WANGGAAN NATIONAL PARK BOARD OF MANAGEMENT APPOINTMENT

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The Board of Management provides the opportunity for improved social and economic outcomes for Aboriginal people through the operations of the National Park.

Economic

The Board of Management provides the opportunity for improved social and economic outcomes for Aboriginal people through the operations of the National Park.

Risk

There are no identified risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact to Council.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

There are no service level implications.

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_15.DOCX Page 45 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.6 SF621 300420 NOTIFICATION OF ABORIGINAL LAND CLAIMS - NAMBUCCA HEADS AND VALLA

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

A summary is not required.

RECOMMENDATION:

That Council advise the Aboriginal Land Claim Investigation Unit (ALCIU) that it has no interest in Claim No’s 49982 and 49983 but that the land the subject of Claim No’s 49981 and 49984 is lawfully occupied and used for essential public purposes being a car park and beach access point and secondly a pedestrian path and access road to a popular lookout.

OPTIONS:

The Council can make representations to the ALCIU if the Council holds an interest in any of the claimed land that demonstrates at around the time of the claim the land was lawfully used or occupied or needed or likely to be needed for an essential public purpose.

DISCUSSION:

The Aboriginal Land Claim Investigation Unit (part of the Department of Industry) has notified Council of the registration of four (4) new Aboriginal land claims by the NSW Aboriginal Land Council.

The lodging of an Aboriginal land claim creates an interest in the land.

The Aboriginal Land Claim Investigation Unit is seeking information from Council as to whether or not it holds any interest in any of the claimed land. If the Council holds an interest then the Department is seeking evidence which demonstrates that around the date of the claim the land was:

 Lawfully used or occupied  Needed or likely to be needed for an essential public purpose.

Alternatively if Council has no interest in the claimed land it is requested that Council advise the Department of such in which case the Council will not be further referenced.

The land the subject of the claim together with commentary in relation to Council’s potential interest (if any) is as follows:

Claim no. 49981 – Lot 178 DP 727302 – Swimming Creek Car Park and Caravan Park Access

The land partly comprises the car park used by the public for beach access and also used by caravan park visitors. The land also contains the access to the caravan park.

A plan showing the land shaded green is attached.

The ALCIU should be advised that at the time of the claim the land was lawfully used and occupied as a car park providing the public with access to the beach. Further this essential public purpose will be ongoing.

CO30042020SR_16.DOCX Page 46 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.6 NOTIFICATION OF ABORIGINAL LAND CLAIMS - NAMBUCCA HEADS AND VALLA

Claim no. 49982 – Lot 7002 DP 1113148 – Deep Creek Road and South East Side of Deep Creek Bridge

This is a relatively small section of land just downstream of the southern approach to the bridge over Deep Creek on the Deep Creek Road.

A plan showing the land shaded green is attached.

The ALCIU should be advised that Council has no interest in the land for any essential public purpose.

Claim no. 49983 – Lot 2 DP 1196269 – Railway Road, Nambucca Heads

This is a substantial area of cleared land on the southern side of Railway Road, Nambucca Heads. A plan showing the land shaded green is attached.

Part of the land appears to be occupied by the adjoining sawmill which may have a lease or licence to occupy all or part of the land.

The ALCIU should be advised that Council has no interest in the land for any essential public purpose.

Claim no. 49984 – Part Lot 7015 DP 1055054 – Parkes Street, Nambucca Heads

This land is located between Parkes Street, Nambucca Heads and Wellington Drive, Nambucca Heads.

A plan showing the land shaded green is attached.

The land includes part of the access to the Rotary lookout as well as a pedestrian path along Parkes Street. The land has significant land slip hazard and any new owner of the land will incur significant liability to this.

The ALCIU should be advised that at the time of the claim part of the land was lawfully used and occupied as access to a popular lookout as well as a pedestrian path and that these essential public purposes will be on-going.

CONSULTATION:

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

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There appear to be no significant social implications.

Economic

There are no significant economic implications.

Risk

There are no significant risks.

CO30042020SR_16.DOCX Page 47 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.6 NOTIFICATION OF ABORIGINAL LAND CLAIMS - NAMBUCCA HEADS AND VALLA

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

There are no service level implications.

ATTACHMENTS: 1 14354/2020 - Swimming Creek carpark 2 14363/2020 - South East Side of Deep Creek Bridge 3 14367/2020 - Railway Road, Nambucca Heads 4 14385/2020 - Parkes Street, Nambucca Heads

CO30042020SR_16.DOCX Page 48 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.7 SF2888 300420 VALLA URBAN GROWTH AREA - PROJECT MANAGEMENT PLAN

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

Public Works Advisory has completed a Project Management Plan for the Valla Growth Area Stage 1.

RECOMMENDATION:

Council adopt the Project Management Plan for the Valla Urban Growth Area, Stage 1, Phase 1.

OPTIONS:

Council has discretion as to whether or not the Valla Urban Growth Area proceeds and how it proceeds.

DISCUSSION:

The Valla Growth Area is the Council’s strategy for the provision of urban land into the foreseeable future.

The 500 hectare development will comprise modern logistics, distribution and manufacturing adjacent to the newly upgraded Pacific Highway, a business park and town centre beyond that and residential housing for 5,000 people on the other side of the town centre.

The development also has regional significance as it incorporates some of the future employment land which will be required for the Mid North Coast. This is documented in the North Coast Regional Plan.

Public Works Advisory have been engaged by Council to document a project management plan for the works involved in the Valla Urban Growth Area – Stage 1 project including the analysis of requirements; risk and constraints; the development of a strategy for delivery and procurement; development of a delivery program; and identification of methods for communications and stakeholder engagement.

The Project Management Plan is attached. Some key features of the plan are discussed in the following sections.

Project Objectives

The project objectives are listed as follows:

Objective Measure of achievement Notes 1 Construction of infrastructure The planned infrastructure is installed completely, to a high standard of quality. 2 Safety & Environmental Protection All activities are carried out with zero Deep Creek flows along the site of safety or environmental incidents. this project and there are many trees around. Extensive earthworks are planned. 3 Economic Success The outcome must create economic NVC is planning to sell the development, as measured by new developed land. jobs. The outcome should not result in a financial loss to Council.

CO30042020SR_18.DOCX Page 49 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.7 VALLA URBAN GROWTH AREA - PROJECT MANAGEMENT PLAN

Preferred Procurement Option

Following consultation with Council staff the preferred procurement option is:

 A principal design consultant for sewer and water trunk mains (open tender with a price/non-price assessment with a preference to allow for the use of local consultants)  An independent Quantity Surveyor prior to call construction tenders (selective tender)  A head contractor for construction works (selective, prequalified or open tender with clauses to allow for a preference for the use of local suppliers and contractors).

There is a report in closed meeting concerning the appointment of the Project Manager.

There is also a report in closed meeting on a valuation report received for the land.

Milestones

As a consequence of delays caused by the bushfire natural disaster and now the COVID-19 pandemic the project milestones have been revised as follows:

April 2020 Engagement of Project Manager July 2020 Selection of preferred tenderer for trunk water and sewer design July 2020 Appointment of Quantity Surveyor Mar 2021 Selection of preferred tenderer for construction July 2021 Completion of bulk earthworks Mar 2022 Project completion April 2022 Creation of Titles

Risks

The report contains a risk summary with the top 5 risks being listed as follows:

Risk Description Detail of control Risk rating There has been division within the elected Ensure there is openness and transparency in Medium council in relation to its support for the project. decision making and ensure decision making There is a risk the Council may withdraw its isn’t rushed, with no important decisions to be support for the project either before or made during the caretaker period. following the next Council election. Federal Government Grant stipulates that Complete demolition of house and trees on site Medium construction must have begun within 6 months requiring removal prior to 19 May 2020. of awarding the grant. Grant was awarded on 19/11/19 and therefore works are required to start by 19/5/20, which might not happen. Council require the industrial land to be sold Explore the engagement of an experienced Medium for at least $100/m2. However, this may not be industrial sales manager, such as Colliers achieved. International or similar. Begin discussions with interested parties and keep them informed of the progress of the project. Some companies have previously expressed interest; council will follow up with these companies. Council has now obtained a professional valuation of the developed land which is separately reported in this business paper. Sunset clauses in the grant funding require Create a project schedule to identify any areas Medium completion of the project by August 2021. of concern or areas of efficiencies. Request a However, the project may not be completed by variation to the funding bodies for a delayed then, especially due to delays caused by completion based on the project schedule. bushfires at the beginning of the project, resulting in the loss of funding.

CO30042020SR_18.DOCX Page 50 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.7 VALLA URBAN GROWTH AREA - PROJECT MANAGEMENT PLAN

An escalation in costs could occur due to the Procure a Quantity Surveyor once designs are High current estimates being over 2 years old, complete to conduct an independent review of causing significant disruption. the project estimate. Establish a min. 10% contingency for construction. This may need to come from any land sales, or from Council or loans.

CONSULTATION:

There has been consultation with the relevant council managers and PWA.

SUSTAINABILITY ASSESSMENT:

Environment

Matters concerning the environment are listed in the Project Management Plan.

Social

There are no significant social implications.

Economic

The economic implications have been previously reported on. The Valla Growth Area Stage 1 will provide a welcome economic stimulus to the local economy as it recovers from the COVID-19 pandemic.

Risk

The Project Management Plan contains a comprehensive risk assessment.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there are no new budgetary implications.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

At this stage there are no new resourcing or staffing implications.

ATTACHMENTS: 1 16295/2020 - Project Management Plan

CO30042020SR_18.DOCX Page 51 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.8 SF2909 300420 LOCAL GOVERNMENT (COVID-19) SPLINTER AWARD 2020

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

Council has opted in to a new NSW Industrial Award which puts in place special interim arrangements in response to the COVID-19 pandemic.

RECOMMENDATION:

That it be noted that Nambucca Valley Council has “opted in” to the Local Government (COVID-19) Splinter (Interim) Award 2020.

OPTIONS:

There are no options. The report is for information.

DISCUSSION:

In a 2 week period ending 14 April Local Government NSW in negotiation with the respective local government unions developed the attached Local Government (COVID-19) “Splinter” Award.

Compared to the preparation and negotiating period usually required for industrial agreements this was extraordinarily rapid. The haste was necessitated by the circumstances created by COVID-19 and in particular the demands from councils which directly operate “business” undertakings forced to close by the pandemic.

Whilst not so common in regional NSW there are many councils who employ staff to deliver long day care services, pre-school services, family day care services, aged care services as well as operate aquatic and fitness centres. These councils have had to stand down staff and are suffering significant revenue losses.

In general terms the Australian Government’s Job Keeper arrangements have not been extended to local government and those councils with business undertakings where staff have been stood down were anxious to have industrial arrangements in place to allow them to respond to the pandemic.

The Splinter Award was an “opt in” arrangement and upon its registration 102 of the 128 general purpose councils in NSW, including Nambucca Valley Council, had opted in. It would appear from the schedule in the Award that all mid north coast councils have also opted in.

Compared to the stand down arrangements which have occurred in the private sector, it is fair to say that the provisions of the Splinter Award are reasonably generous. For example with the worst case “close down” arrangements where there is no useful work for the employee the Splinter Award provides for 4 weeks of paid special leave at the employees rate of pay. Following this period of paid special leave the employee is entitled to a further 13 weeks (3 months) of job retention allowance paid at the Band 1 Level 2 rate of pay which is $858.20 per week compared to the $750 per week provided by the Job Keeper arrangements. Employees can also supplement the job retention allowance with any accrued leave they might have.

However besides the worst case “close down” arrangements which this Council will hopefully be able to avoid, the Splinter Award does provide more flexibility for the more likely scenario that Council operations will continue, albeit with some staff working from home and other working arrangements designed to increase social distancing. For example clause 10.1 provides that a council may direct an employee to carry out suitable alternative duties and clause 12.2 provides that an employee can’t unreasonably refuse such a request and still be entitled to the special leave and job retention allowance. This additional flexibility was the main reason for this Council “opting in” to the Splinter Award.

CO30042020SR_28.DOCX Page 52 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.8 LOCAL GOVERNMENT (COVID-19) SPLINTER AWARD 2020

The term of the Splinter Award is 12 months.

CONSULTATION:

In relation to the decision to “opt in” to the Splinter Award there was consultation with the Mayor, Manager Human Resources, Assistant General Manager Corporate Services and Assistant General Manager Engineering Services.

The draft Splinter Award was provided to Council on Thursday 9 April (the day before Good Friday) with LGNSW requiring a response by AM Tuesday 14 April (the day following Easter Monday). For this reason there was not the opportunity to effectively undertake consultation with Councillors.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

As recognised by the Australian Government, wherever possible ensuring continuity of employment through the pandemic will be important to the country’s economic and social recovery.

Economic

Local government is a significant employer in many communities and continuity of council employment is important to many local economies.

Risk

There are financial risks if the Council is required to exercise the close down provisions.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there are no budgetary implications.

Working funds – justification for urgency and cumulative impact

At this stage there are no impacts on working funds.

Service level changes and resourcing/staff implications

At this stage the Splinter Award does not have any significant resourcing or staffing implications.

ATTACHMENTS: 1 15377/2020 - (COVID-19) Splinter Award 2020 as adopted

CO30042020SR_28.DOCX Page 53 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.9 DA2020/077 300420 PROPOSED ALITHIA LEARNING CENTRE - DONATION OF DEVELOPMENT APPLICATION AND CONSTRUCTION FEES AND CONTRIBUTIONS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

A summary is not required.

RECOMMENDATION:

1 Council provide by way of donation to Alithia Inc. all Council fees, charges and developer contributions for DA 2020/077 amounting to $21,712.71.

2 That the donation of fees and charges be part funded from the remaining balance of Council’s donations budget for 2019/20 ($3,145.57) with the balance ($2,628.73) to be provided from the donations budget for 2020/21.

3 That Section 64 developer charges for water of $7,089.05 and sewer of $8,849.36 be funded from the respective funds as a donation in the 2020/21 donations program.

4 Alithia Inc. be advised of Council’s donations noting that the Council is unable to waive the Plan First Levy of $355 and the Long Service Levy of $1,944.00 as these are NSW Government, not council, levies.

5 Alithia Inc. be provided with a licence to occupy the land and construct the learning centre whilst Council undertakes a subdivision of the land with the intention of transferring ownership to Alithia Inc. for a nominal sum.

OPTIONS:

The Council has the option of not providing the donation or providing a lesser sum.

DISCUSSION:

The Council has received a development application, DA 2020/077 for the establishment of the Alithia Learning Centre on Council owned land beside the Valla Beach Hall on Valla Beach Road. This is much better site than the site options previously reported to Council which were on either side of Anderson Park; were distant from services; had no off street parking and encroached on the proposed playing field.

Proposed plans for the centre immediately west of the existing hall and pre-school car park are attached. A Statement of Environmental Effects; Bushfire Assessment Report and Biodiversity Assessment has also been lodged with the application.

It is proposed that the facility will be used by the community for after school and weekend activities for all age groups, music recording, mums and bubs fitness classes and additional workshops. The facility will also be used three full days per week for programs that cater for 6-12 year olds (primary school age children) to support those with various disabilities, including Autism Spectrum Disorder, learning difficulties and those requiring emotional and social support.

As the applicant Alithia Learning is a registered charity providing a specialist service to support families who have children with various disabilities it is recommended that Council assist them via the provision of a donation for all application fees and contributions. There are some State Government fees and charges which Alithia Inc. will need to pay.

Following the determination of the development application it is proposed to finalise a licence for Alithia to occupy the land and construct the learning centre preparatory to Council undertaking a subdivision of the

CO30042020SR_35.DOCX Page 54 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.9 PROPOSED ALITHIA LEARNING CENTRE - DONATION OF DEVELOPMENT APPLICATION AND CONSTRUCTION FEES AND CONTRIBUTIONS land and transferring ownership to Alithia Inc. for a nominal sum. The creation of an allotment for the Alithia Learning Centre is permissible as the land is zoned Residential R1.

CONSULTATION:

There has been consultation with the Manager Development & Environment.

Manex B has discussed the arrangements to transfer the land to Alithia Inc.

SUSTAINABILITY ASSESSMENT:

Environment

The recommendation has no implications for the environment.

Social

The proposed Alithia learning centre will have positive social benefits.

Economic

There are no significant economic considerations.

Risk

There are no significant risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

As at 20 April 2020 there is $3,145.57 remaining in Council’s donations budget for 2019/2020.

The applicable fees and charges which have been quoted for the development application are based on the estimated $550,000 construction cost and are as follows:

Fee or charge description Amount including GST ($) Adjoining owner notification 98.00 Consent Notification DA 28.75 Development application fee 1,481.00 Plan First Levy (NSW Government levy and paid to them) 355.00 Section 68 application fee 87.00 Archival fee 10.00 Environmental compliance levy 555.50 Full advertisement for DA 450.00 Integrated development fee 140.00 Construction certificate fee class 2-9 2,749.05 Long Service Levy (NSW Government levy and paid to LSPC) 1,944.00 Plumbing Inspection Class 2-9 175.00 Total (excl. State levies for Plan First and Long Service) $5,774.30

In addition to these “application” fees and charges there are Section 64 developer charges as follows:

Water $7,089.05 Sewer $8,849.36

The development is exempt from Section 7.12 (Section 94) contributions.

CO30042020SR_35.DOCX Page 55 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.9 PROPOSED ALITHIA LEARNING CENTRE - DONATION OF DEVELOPMENT APPLICATION AND CONSTRUCTION FEES AND CONTRIBUTIONS

Accordingly the application fees and charges exceed the funding remaining in Council’s donations budget for 2019/20. It is proposed that the remaining budget of $3,145.57 be transferred towards this application fee with the balance to come from the donations budget for 2020/21.

Further it is proposed that the water and sewer funds provide a donation for the respective section 64 developer charges for water and sewerage and that this be noted in the 2020/21 donations program.

The Plan First Levy and Long Service Levy are NSW Government levies collected by Council on behalf of the NSW Government. Council is unable to waive these levies.

There will be further costs associated with subdividing the land.

Working funds – justification for urgency and cumulative impact

There are no implications for working funds.

Service level changes and resourcing/staff implications

There are no staff resourcing issues.

ATTACHMENTS: 1 15262/2020 - DA2020/077 - Floor and Site Map Plans

CO30042020SR_35.DOCX Page 56 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.10 SF1391 300420 STRONGER COUNTRY COMMUNITIES FUND ROUND 3 - NOTIFICATION OF SUCCESSFUL PROJECTS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

A summary is not required.

RECOMMENDATION:

1 That Council note the successful funding applications totally $740,776 under the Stronger Country Communities Fund Round 3.

2 Council thank the Member for Oxley for her advocacy in securing this welcome funding.

3 That Council note the proposed redirection of funds from the Stronger Country Communities Fund Round 2.

OPTIONS:

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

DISCUSSION:

The Council has been notified that its application for the following projects to the NSW Government’s Stronger Country Communities Fund Round 3 have been successful.

Project Title Grant Value

Heating of 50m Olympic pool $550,395

Seating and landscaping for Valla Beach All-Purpose Courts $40,231 (part funded)

Half-Court Basketball at Bellwood Park $55,650

Bowraville Tennis Court Refurbishment Completion – bleachers, retaining wall, lighting upgrade, fencing, resurfacing $94,500

The letter from the Member for Oxley advising of this funding is attached. At a time when the COVID-19 pandemic has put an unprecedented strain on public funding these announcements are very welcome.

Council staff are also making representations to the grants administration office in relation to redirecting $395,000 proposed from the SCCF Round 2 for the development of a playing field at South Macksville to other projects, potentially the acquisition of the North Macksville Soccer Fields from the RMS and the implementation of further stages of the Macksville Memorial Aquatic Centre Master Plan. The reason for this is that delays in securing the dedication of the playing field to Council may result in Council having to surrender the funding.

CONSULTATION:

There has been consultation with the Grants and Contributions Officer.

CO30042020SR_22.DOCX Page 57 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.10 STRONGER COUNTRY COMMUNITIES FUND ROUND 3 - NOTIFICATION OF SUCCESSFUL PROJECTS

SUSTAINABILITY ASSESSMENT:

Environment

There are no significant implications for the environment.

Social

There are positive social implications, particularly for community well-being in supporting an active and healthy community.

Economic

The expenditure of the grant funding will have positive economic implications.

Risk

There are no significant risks. Whilst there may be a risk of cost blow-outs the costing for the pool heating was based on detailed investigations and quotations.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The projects will need to be included in the operational plan for 2020/21.

Working funds – justification for urgency and cumulative impact

There are no implications for working funds.

Service level changes and resourcing/staff implications

The Council’s level of service in supporting an active and healthy community will increase.

ATTACHMENTS: 1 12372/2020 - Stronger Country Communities Fund Round 3

CO30042020SR_22.DOCX Page 58 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.11 SF204 300420 SAFE & SECURE WATER PROGRAM - RISK PRIORITISATION ADVICE

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

The $1 billion Safe and Secure Water Program has been established by the NSW Government to address key risks to regional water safety and security in NSW, to provide safe, secure and sustainable water and wastewater services to regional NSW towns. The Department of Planning, Industry and Environment has now completed a risk prioritisation of projects across the State and has provided Council with risk rated projects for this local government area.

RECOMMENDATION:

That Council note the advice from the Department of Planning, Industry & Environment in relation to the risk prioritisation of projects in this local government area under the Safe & Secure Water Program.

OPTIONS:

There are no real options as the advice and report is for information.

DISCUSSION:

Council has received the attached letter from the Department of Planning, Industry & Environment advising that the NSW Government’s multi-agency Prioritisation Review Panel (PRP) has finalised a prioritisation review framework which categorises major risks and issues in water quality, water security and environmental categories as they relate to town water and sewerage services across the State.

The advice provided is that only projects with the highest risk ranking (5) can be considered for funding under the current program. However even then the program budget is insufficient to co-fund all high impact risks (5), with funding then to be prioritised based on community socio-economic disadvantage.

The specific risks and related scores for this Council are attached.

A generic fact sheet on how risks are scored and community socio-economic disadvantage is attached.

The listed specific risks and scores for this Council are:

Risk ID 3056 Risk Issue Macksville Factor Environment Risk Issue Type Sewage Treatment Risk Score 5 Reason A NSW EPA Pollution Reduction Program is in place that targets effluent quality, asset design or asset condition. This impacts a population of greater than 2,500.

Risk ID 3045 Risk Issue Nambucca Heads Environment Environment Risk Issue Type Sewage Treatment Risk Score 5 Reason A NSW EPA Pollution Reduction Program is in place that targets effluent quality, asset design or asset condition. This impacts a population of greater than 2,500.

CO30042020SR_27.DOCX Page 59 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.11 SAFE & SECURE WATER PROGRAM - RISK PRIORITISATION ADVICE

Risk ID 3158 Risk Issue Scotts Head Environment Environment Risk Issue Type Sewage Treatment Risk Score 4 Reason The STP capacity is less than the serviced population by less than 10% and medium term growth is expected to be high or there are wet weather overflows with medium level environmental impact or daily flow volumes exceed licence limits with medium risk to downstream water users. This impacts a population of greater than 1,000 and less than or equal to 2,500.

Risk ID 2164 Risk Issue Nambucca Environment Water Quality Risk Issue Type Water Treatment Risk Score 4 Reason Drinking water management fails to effectively control chlorine resistant pathogens (eg Cryptosporidium). Medium high risk from Cryptosporidium as assessed by NSW Health. Drinking water management fails to effectively control chlorine sensitive pathogens. Upgrade, repair or replacement of existing treatment barrier are needed for effective primary disinfection. Improved process monitoring and control are required to effectively manage barriers to pathogen contamination.

Risk ID 3174 Risk Issue Bowraville Environment Environment Risk Issue Type Sewage Treatment Risk Score 3 Reason There is a mismatch of STP technology and effluent management, and the wastewater quality efficiency index is greater than or equal to 20%. This impacts a population of greater than 500 and less than or equal to 1,000.

Risk ID 3383 Risk Issue South Nambucca/Kingsworth Environment Environment Risk Issue Type Unserviced Risk Score 2 Reason The on-site wastewater management facilities have been classified as “secondary health and medium environmental impact”. This means the on-site wastewater facilities have a localised and direct primary contact impact and/or a medium level impact to waterway uses and values. This impacts a population of greater than 100 and less than or equal to 500.

Risk ID 1314 Risk Issue Nambucca District Environment Water Security Risk Issue Type Water Supply Scheme Risk Score 1 Reason The water security deficiency index is less than 1%, indicating that the headwork capacity is at least equal to the future unrestricted annual consumptive needs on a secure yield basis. These systems are expected to have moderate levels of restrictions during dry periods as planned. This impacts a population of greater than 1,000.

From these rankings it is apparent that grant funding under the Safe and Secure Water Program will be targeted at reducing or eliminating the frequency of sewage spills as per the EPA Pollution Reduction Program.

CO30042020SR_27.DOCX Page 60 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.11 SAFE & SECURE WATER PROGRAM - RISK PRIORITISATION ADVICE

CONSULTATION:

There has been consultation with the Manager Water & Sewerage.

SUSTAINABILITY ASSESSMENT:

Environment

As discussed in the report, the priority for funding under the Safe and Secure Water Program is to reduce the impacts of sewage on the environment.

Social

There are no significant social issues.

Economic

Reducing the frequency of sewage spills will have favourable economic benefits in tourism and oyster production.

Risk

The report is for information and as such there are no risks.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there is no budgetary impacts.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

At this stage there are no service level or resourcing implications.

ATTACHMENTS: 1 15249/2020 - Safe & Secure Water Program Advice 2 15252/2020 - Safe & Secure - Prioritised Projects 3 15251/2020 - Safe & Secure Risk Prioritisation Fact Sheets

CO30042020SR_27.DOCX Page 61 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER'S REPORT

ITEM 9.12 SF2857 300420 MINUTES OF THE NAMBUCCA VALLEY COUNCIL ACCESS COMMITTEE MEETING HELD 25 FEBRUARY 2020

AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development

SUMMARY:

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 25 February 2020 are attached for Council’s endorsement.

The minutes contain seven recommendations for Council’s attention.

RECOMMENDATION:

1 That Council consider allocating funds in its 2020/2021 Budget deliberations for the extension to West Street of the pedestrian path which runs parallel to Aiden Street and presently finishes at the bus stop outside the Bowling Club at Scotts Head.

2 That a Pedestrian Access Management Plan (PAMP) for Scotts Head be prepared by Council staff.

3 The Council note the comments from Engineering staff regarding public toilets in Scotts Head and the proposed upgrade of the toilet at the Weir reserve.

4 That Council lobby the NSW Minister for Families, Communities and Disability Services, the Minister for Transport and Roads, and the Shadow Minister for Disability Inclusion, to call upon the State Government to make a serious commitment to funding Accessible Adult Change Facilities along NSW highways.

5 That Council seek the State Government to consider the benefit of funding an Accessible Adult Change Facility at Macksville because of its strategic location to the Pacific Motorway.

6 That work already undertaken by the Access Committee the project for co-location of a change facility outside the Macksville Aquatic Centre be brought to the attention of the State Government.

7 That notwithstanding the proposed lobbying, the project be considered for any tourism grant which might be available.

8 That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 25 February 2020.

OPTIONS:

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

DISCUSSION:

Aiden Street Footpath

Comments from Engineering staff:

This project is for a Footpath Extension on Adin Street to connect to West Street. A lady on an Electronic scooter has trouble mounting the roll kerb to access the existing path that extends through the reserve.

CO30042020SR_9.DOCX Page 62 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.12 MINUTES OF THE NAMBUCCA VALLEY COUNCIL ACCESS COMMITTEE MEETING HELD 25 FEBRUARY 2020

Adin Street, like many others is probably too busy for Electronic scooters. The extension will also allow for safer accessible link between the Bowls club and the Village centre.

The request has been included in the 2020/2021 budget for consideration of funding. The path will be approximately 42m long, 1.5m wide - together with earthworks and pram crossings will cost approximately $10,000

Pedestrian Access Management Plan (PAMP) for Scotts Head

Comments from Engineering staff:

Progress has already made once the Engineering staff were aware of the recommendation from the Access Committee and Essa Ul Haq, Council’s Cadet Engineer (as a project) and Keith Williams Manager Technical Services have already spent a considerable amount of time in the development of a PAMP for Scotts Head.

A vital component of the PAMP looks at key pedestrian routes in the town centre and between major trip generators including schools and shops that serve a wide range of community users and that attempts to remove pedestrians from unsafe environments.

Once developed the Draft PAMP needs to go to the community and the Access Committee for comments and feedback before adoption - There is some risk that:

 More vocal community members will not concur with the list of priorities that may not reflect their own need.  There will be an expectation that a series of path construction projects will be imminent if the PAMP is presented to the community. These projects will be competing for any scarce funding with other adopted town centre PAMP projects that have yet to be constructed.  The residents will not appreciate the Councils provision under Section 217 of The Roads Act 1993 to charge the owner a contribution for the initial provision of concrete footpath adjacent to their property. This contribution can be up to half of the actual cost of construction.

Public Toilets – Scotts Head

Comments from Assistant General Manager - Engineering Services:

With respect to the existing toilet block, the intent of the day area and arrangement with the caravan park is that their toilet block is available for public use. There has been an MLAK lock for disability access installed on the disabled toilet and it is reported that for markets, the public toilets are open and the disabled toilets closed but with a sign advising about the MLAK key or that a key was available from the office. These facilities are provided at no cost to council.

I don’t think there would be any appetite to construct new facilities in the same area of the beach when funding is difficult to come by and the priority at the present moment are to replace the existing poor amenities in the main street area at Nambucca Heads or in the vicinity of the library. Council has been working to upgrade the old amenities in the valley. I would not support new public toilets at Buzz Brazil at this point in time as they are too far away from the public beach area and the Weir amenities are about to be upgraded from grant funding. Buzz Brazil is established for the sporting groups and is seasonal or subject to in-vogue sports, Cricket and now soccer are making use of the oval in addition to athletics under Richie Donovan’s program. The oval and environs are managed by a Committee of Management.

CO30042020SR_9.DOCX Page 63 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.12 MINUTES OF THE NAMBUCCA VALLEY COUNCIL ACCESS COMMITTEE MEETING HELD 25 FEBRUARY 2020

Adult Change Facilities – lobbying and funding

These facilities, which are also sometimes referred to as Changing Places restrooms or Adult Laydown facilities, offer a clean facility with extra space and specialised equipment (eg shower, lift/hoist) for carers to manage the needs of people with high level physical disability. They do not replace accessible toilets but offer a different level of facility for people whose needs extend beyond the usual so-called disabled toilet.

The Access Committee commencing work on the concept of providing a local facility in around 2017. This included community consultation and seeking costings which resulted in Council deciding (15 November 2018) to seek funding for a facility to be located in Macksville. This was due to its proximity to the Motorway for travellers making a short or overnight stop and be central to the valley for day-trippers. More specifically it should be located in the vicinity of the Macksville Aquatic Centre so that it could assist people using the pool, gym and Macksville Park. The location was supported by the Valley’s disability services.

The cost of a facility could be in the vicinity of $200,000, hence the decision to look for a grant and the recommendation from the Access Committee’s February 2020 meeting that Council lobby the State Government to consider funding this type of facility.

CONSULTATION:

Manager Technical Services Assistant General Manager - Engineering Services Technical Officer - Assets

SUSTAINABILITY ASSESSMENT:

Environment

Nothing identified

Social

Improved access has positive social outcomes for the community particularly people with disability.

Economic

Nothing identified relating to this report.

Risk

Nothing specific identified.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Source of fund and any variance to working funds

Nil

CO30042020SR_9.DOCX Page 64 of 151 Ordinary Council Meeting 30 April 2020

ITEM 9.12 MINUTES OF THE NAMBUCCA VALLEY COUNCIL ACCESS COMMITTEE MEETING HELD 25 FEBRUARY 2020

Service level changes and resourcing/staff implications

Nothing identified.

Note: Access Committee meetings are suspended until further notice due to COVID-19.

ATTACHMENTS: 1 7730/2020 - Minutes - Access Committee - 25 February 2020

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GENERAL MANAGER'S REPORT

ITEM 0.0 LF4019 300420 FIRE SAFETY ORDER - GOLDEN SANDS TAVERN

AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment

SUMMARY:

This report addresses the findings of a report prepared by NSW Fire and Rescue regarding inadequate fire safety measures within the Golden Sands Tavern, Nambucca Heads.

RECOMMENDATION:

1 That Council not issue a fire safety order and staff follow up the outstanding works with the land owner.

OPTIONS:

 Issue the notice of intention to issue a fire safety order for the six smoke detectors to be installed. This would require the matter to be reported back to Council to consider any representations prior to issuing the order.

 Not issue a fire safety order as recommended.

DISCUSSION:

On 9 March 2020 Council was issued with a report from NSW Fire and Rescue in accordance with section 9.32 of the Environmental Planning and Assessment Act 1979 (the Act). The report outlines the findings of an investigation into the adequacy of the fire safety measures at the Golden Sands Tavern located at 31 Bowra Street, Nambucca Heads. The report has been included within attachment 1.

In accordance with clause 17(2) of Schedule 5 of the Act, the report must be tabled at a Council meeting with a decision made as to whether Council will exercise its powers to give a fire safety order.

The report identifies that there are inadequate provisions for fire safety within the building having regard to essential fire safety measures and access and egress.

Council staff have inspected the building since being issued with the report by NSW Fire and Rescue and have been in contact with the manager of the Tavern. During this process it is apparent that the only outstanding works required to be undertaken are the installation of six additional smoke detectors to the ones already present in the building. All wiring has been installed, with the only delay the delivery of the detectors.

Having regard to the current closure of the tavern due to the Covid-19 pandemic and that the finalisation of the works are imminent, it is not recommended that a fire safety order be issued. Council staff will request the manager of the Tavern provide evidence that the detectors have been installed once works are complete. Should the detectors not be installed in a timely manner and the tavern reopen, the issuing of a fire safety order can be reconsidered.

CONSULTATION:

Senior Health & Building Surveyor

SUSTAINABILITY ASSESSMENT:

Environment

It is not considered that not issuing an order will result in environmental impacts.

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ITEM 0.0 FIRE SAFETY ORDER - GOLDEN SANDS TAVERN

Social

It is not considered that not issuing an order will result in any adverse socail impacts.

Economic

Costs for the works will be borne by the land owner.

Risk

Due to the minimal amount of works remaining to be undertaken and that the tavern is currently shut, it is not considered that there is any significant risk.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets Nil.

Working funds – justification for urgency and cumulative impact Not applicable.

Service level changes and resourcing/staff implications Nil. ATTACHMENTS: 1 14400/2020 - NSW Fire & Rescue Report

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GENERAL MANAGER'S REPORT

ITEM 9.14 SF2842 300420 DRAFT LOCAL STRATEGIC PLANNING STATEMENT

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

SUMMARY:

The purpose of this report is to obtain feedback from Council on the draft Local Strategic Planning Statement, and endorsement for its future exhibition.

RECOMMENDATION:

1 Council review the draft Local Strategic Planning Statement

2 Council exhibit the draft Local Strategic Planning Statement in accordance with the Environmental Planning and Assessment Act 1979 for a minimum period of 28 days.

3 The draft Local Strategic Planning Statement be referred to relevant state agencies for comment and/or endorsement.

4 Copies of the Local Strategic Planning Statement and associated material be made available on Council’s website for public review.

OPTIONS:

1 Council exhibit the draft Local Strategic Planning Statement with agreed amendments. Exhibition shall be in accordance with the Environmental Planning and Assessment Act 1979 for a minimum period of 28 days ;

2 Council write to the Department of Planning Industry and Environment and request an extension to the delivery of the Local Strategic Planning Statement until 1 July 2021;

3 Council defer the exhibition of the Draft Local Strategic Planning Statement until more wholistic community engagement can be achieved;

DISCUSSION:

Council will recall a presentation in January this year providing an introduction the Local Strategic Planning Statement (LSPS). A draft LSPS has been prepared and Council feedback on the draft is requested in order to prepare an exhibition draft. The following is an extract from the draft statement which gives and overview of its intent.

The aim of this Local Strategic Planning Statement (LSPS) is to provide a vision for the Nambucca Valley, details of the special characteristics which contribute to our local identity and shared community values, and a summary of actions to manage growth and change into the future. It has been prepared to comply with the NSW Environmental Planning and Assessment Act 1979, which requires that all NSW councils must prepare a local strategic planning statement.

The Statement is concerned with land use planning on matters such as housing, employment and environmental management. It must include or identify the basis for strategic planning in the area, having regard to economic, social and environmental matters.

This draft Statement has been based on Council’s established land use planning to provide an overarching strategy for urban and rural development in the Nambucca local government area. It will help guide decisions by all levels of government, the private sector and the community to help to ensure that there is effective communication and coordination between all parties involved in land use planning in the Nambucca Valley.

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ITEM 9.14 DRAFT LOCAL STRATEGIC PLANNING STATEMENT

The LSPS sets out the strategic basis for Council’s land use planning in the coming 20 years to 2040 but is focussed on the key land use planning actions that need to be undertaken in the next 4 years.

Timing

NSW Councils are required to have their LSPS adopted by 1 July 2020, it is assumed that this timeframe was selected in part to align with the NSW Local Government Elections.

It is noted that for many regional Council’s the timing of the community consultation phase of the LSPS has unfortunately aligned with the global COVID-19 Pandemic. LGA’s are dealing with this in various ways such as restricting to online consultation. More recently Central Coast Council resolved for Council staff to write to the Department of Planning Industry and Environment (DPIE) to request an extension for 12 months. Providing the community and the existing council more time deliver the LSPS within their extended term.

The Covid-19 Legislation Amendment (Emergency Measures Bill) 2020 has removed the requirement of planning decision makers to display physical copies of some documents (including LSPS) which will now be displayed online on Council websites and through the state governments Planning Portal.

At this stage it is intended that Nambucca Valley Council continue to deliver the LSPS in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and aim to endorse the statement by the 1 July 2020

However council may determine to defer exhibition or request and extension to deliver the LSPS.

CONSULTATION:

Manager Planning and Environment General Manager

SUSTAINABILITY ASSESSMENT:

Environment

The Local Strategic Planning Statement incudes a planning priority component on Environment.

Social

The Local Strategic Planning Statement incudes a planning priority components that addresses community, place, housing and risk.

Economic

The Local Strategic Planning Statement incudes a planning priority component on economy and employment.

Risk

Council has not been advised that the state government requirements to complete the LSPS by the 1 July 2020 has been varied. Nevertheless, there is some risk that Council will receive negative community feedback by progressing with exhibition during a global pandemic.

Should council not complete the LSPS in the required timeframe, or determine to defer exhibition of the document, or request an extension to prepare the document by 1 July 2021 the recourse of the state government is unknown. There is potential that DPIE may choose not to determine existing or new planning proposals until our LSPS is complete.

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ITEM 9.14 DRAFT LOCAL STRATEGIC PLANNING STATEMENT

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

It is the intention that the Local Strategic Planning Statement will be integrated with our delivery program and forward budgeting. Actions with the statement will require funding and resources to progress.

Working funds – justification for urgency and cumulative impact

NiL

Service level changes and resourcing/staff implications

Staff resources will be required to implement actions in the statement.

ATTACHMENTS: There are no attachments for this report.

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GENERAL MANAGER'S REPORT

ITEM 9.15 DA2019/244 300420 BOWRAVILLE HEALTH ONE FACILITY - DEMOLITION OF EXISTING DWELLING, ADDITIONS TO EXISTING COMMERCIAL BUILDING & CHANGE OF USE TO A MEDICAL CENTRE AT LOT 1 DP308691 AND LOT 1 DP 1079002, 2-2A GEORGE STREET, BOWRAVILLE

AUTHOR/ENQUIRIES: Brad Lane, Senior Town Planner

Summary:

The proposed development is to undertake an adaptive reuse of the building known as the former “hill top store” by converting that building into a medical centre. The proposal includes the demolition or removal of the dwelling located adjacent to the hilltop store to make way for an on-site car parking area.

The proposal will retain the key features of the existing building including the building facades and awning as well as the most prominent concrete stairs at the Corner of High Street and George Street. The practical requirements of the intended reuse of the building will require some of the original building fabric to be altered or replaced. This includes the shop front glazing, the timber floors to be replaced with concrete and the removal of the small concrete steps within the George Street frontage. The proposed development is supported by a heritage impact assessment.

The development proposal is “Crown Development” as defined under the Environmental Planning and Assessment Act 1979 (as amend).

In this regard Council cannot refuse the development application except with the approval of the Minister. In addition, Council cannot impose a condition on the consent, except with the approval of the applicant or the Minister.

The applicant has agreed to the conditions provided as Attachment 1 to this report.

Should Council seek to refuse the development application or seek to impose any other condition, the application would need to be referred to the Northern Region Joint Regional Planning Panel (JRPP). The JRPP may determine the Crown development application, by way of approval, but cannot refuse the application. Should the JRPP not approve the application, it would then be referred on to the Minster who would then make directions that Council either approve the Crown development application (with or without specified conditions) or that Council refuse the Crown development application.

Given the nature of the proposal, the planning merit, and the consultation that the applicant undertook prior to lodging the development application it Council Officers opinion that the application is likely to be approved, whether Council initially supports the proposal, or not.

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

RECOMMENDATION:

That Council as the Consent Authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 1.

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ITEM 9.15 BOWRAVILLE HEALTH ONE FACILITY - DEMOLITION OF EXISTING DWELLING, ADDITIONS TO EXISTING COMMERCIAL BUILDING & CHANGE OF USE TO A MEDICAL CENTRE AT LOT 1 DP308691 AND LOT 1 DP 1079002, 2-2A GEORGE STREET, BOWRAVILLE

OPTIONS:

1 Grant development consent in accordance with the recommendation.

2 Refer the application to the Joint Regional Planning Panel provide reasons for that decision.

DISCUSSION:

Description of the Site and Surrounds

The site located on the corner of High and George Streets, is described as Lot 1 DP308691 and Lot 1 DP1079002 and is known as 2 and 2A George Street, Bowraville.

An older style single storey dwelling house is located on 2A George Street. A single storey commercial building is located on 2 George Street.

The area surrounding the site comprises other commercial buildings and uses associated with the Bowraville CBD, to the north, south and west of the site. Low density residential uses are located to the east of the site.

Description of the Proposal

The proposed development is to demolish or remove the dwelling located on 2A George Street and to undertake alterations and additions to the existing single storey commercial building located at 2 George Street to convert it into a Medical Centre (Health Services Facility).

The works include expansion outward from the eastern façade of the existing building to provide an additional 70m2 floor area, resulting in a total floor area of 386m2. A new driveway and 8 space car park is to be constructed over the site of the former dwelling.

Alterations to the building will include the removal of the existing timber floor to place a new concrete floor and the replacement of the original shopfront. The proposal includes the removal of the concrete steps within the George Street road reserve immediately adjacent to the front of the building to facilitate the installation of stormwater infrastructure. New paths are to be constructed to connect the front of the building to the new car parking area and the existing concrete steps located on the corner of George and High Streets.

Complete details of the proposed development are provided in the statement of environmental effects, heritage impact statement and the application plans which accompanied the development application (see Attachment 2).

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

Section 1.7 - Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

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Section 4.14 - Consultation and development consent—certain bush fire prone land

Not applicable.

Section 4.15(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a)(i) The provisions of any environmental planning instrument (EPI)

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

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

Clause Complies Comments 2.3 - Zone objectives and Yes The land is zoned RU5 Village. Health Services Facilities are land use table permissible with consent in the RU5 Village zone. 4.3 - Height of buildings Yes The existing buildings are less than the maximum building height and it is not proposed to increase the height of the existing buildings. The proposal will comply with the maximum height of buildings development standard. 4.4 - Floor space ratio Yes The site is mapped as having a maximum floor space ratio of 0.55:1. The proposal will result in a gross floor area of 386m2 over a total consolidated site area of 899m2 resulting in a floor space ratio of 0.42:1. The proposed development will therefore comply with the maximum floor space ratio standard. 5.10 - Heritage Yes The site is mapped as being within the Bowraville Conservation conservation Area and as having local heritage significance. The existing buildings are not identified as heritage items. In accordance with the provisions of this clause, consideration of the effect of the proposed development on the heritage significance of the area has been undertaken in a Statement of Heritage Impact and Addendum Statement of Heritage Impact (see Attachment 3 and Attachment 4). The Statement provided the following summary of heritage impact: “Based on the results of rigorous study and careful consideration of issues pertinent to the preservation of heritage values in the Nambucca LGA, and with reference to the historical landscape of the Bowraville township and its Heritage Conservation Area, the proposed modification and refurbishment of the circa 1930 Hill Top Store would potentially result in a positive heritage impact whereby a distinctive and identifiable building linked to Bowraville’s commercial history, is preserved through adaptive re-use. Distinctive elements of the store would be retained, resulting in a positive heritage outcome through continued use of the building and of the site for the benefit of the Bowraville community. The loss of an early 20th Century cottage through demolition might be considered a negative impact. However, this loss might be considered offset by the number of other preserved and protected early 20th Century cottages within Bowraville, with the construction of an off-street car park assisting to preserve the use of the former Hill Top Store without

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creating congestion and demand for parking space within the heritage precinct along High Street. Therefore, it is reasonable to conclude that the proposed project would result in no adverse impact to the heritage values of the former Hill Top Store or to the streetscape and/or heritage values of the Bowraville Heritage Conservation Area.” An addendum statement was provided in relation to the removal of the concrete stairs leading from the shop front down to the George Street frontage. Following more detailed investigations by the project consultants, it was deemed necessary to remove the stairs in order to provide adequate stormwater drainage. Consideration was given to retaining part of the stairs or rebuilding, but this was considered impractical given the non- compliance with current building standards given the grade and length of the stairs. Although the removal of the stairs will represent a negative heritage impact, the design of the proposal with a new access via the carpark and driveway ramp will effectively make the stairs redundant. The more prominent concrete stairs on the corner of the site are to be retained with the unsympathetic steep ramp removed from its edge. The proposal also involves the removal of the existing timber floor and its replacement with a concrete slab floor. The applicant has explained that the need to remove the timber floor as is related the current existing sub floor being poorly ventilated and having moisture issues (considered to have reached the end of its useable life). In addition Australasian Health Facility Guidelines (which the health facility is required to be constructed in accordance with) stipulates material selections for medical centres are to be compliant with their current infection control, WHS and functional guidelines. Timber Floors provide issues with cleaning, infection control and management, longevity of material and maintenance as well as slip ratings and trip hazards. The replacement of the existing shopfront and its replacement with a similar (primarily glazing) but new shopfront with a single entry point is considered supported by the heritage impact statement and is considered to be practical for safety, access and security reasons. Overall the proposed adaptive reuse of the building which will preserve the key heritage features of the building in the streetscape and provide an effective and functional community based use of the site is supported. 7.4 - Public utility Yes The proposal is located in the vicinity of all normal urban infrastructure services. 7.6 - Earthworks Yes The proposal will involve minor ancillary earthworks. It is unlikely that the extent of earthworks would create any adverse impacts upon adjoining properties.

STATE ENVIRONMENTAL PLANNING POLICIES

The proposed development is assessed against the relevant State Environmental Planning Policies in the following table:

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State Environmental Complies Comments Planning Policy SEPP 55 - Remediation of Yes A visual inspection of the subject land consideration of the land Land use history of the site indicates that the land is unlikely to be contaminated. The land has previously been used for residential purposes and a shop. The land is therefore considered suitable for the proposed development. SEPP (State and Regional Yes The proposal is Crown Development with a CIV of less than $5 Development) 2011 Million. Therefore Nambucca Valley Council is to assess and determine the development application. SEPP (Coastal Yes The site is located within the Coastal Environment Area pursuant Management) 2018 to the maps accompanying this Policy. In this regard the proposed development is unlikely to create any adverse impact on the foreshore in relation to access, overshadowing, wind funnelling loss of views to foreshores, or cultural heritage.

(a)(ii) The provision of any draft environmental planning instrument (EPI)

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

(a)(iii) The provision of any Development Control Plan

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

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

NAMBUCCA DCP 2010 Complies Comments Notification and advertising Yes Adjoining land owners have been notified in accordance with the (Part A) policy. Environmental context Yes These matters predominantly relate to controls in other planning (Part A) instruments and have been adequately considered elsewhere in this report. Site Analysis (Part A) Yes The survey plan and architectural drawings submitted adequately identify and respond to the sites opportunities and relative constraints. Car Parking & Traffic (Part Yes The DCP car parking requirement for the proposed development C) is 1 space per 40m2 GFA. The proposal including the 70m2 addition total 386m2 will require 9.65 (10) car parking spaces The existing shop has a car parking credit of 10.5 (11) spaces using the commercial premises (shop) rate (1 space per 30m2). Although the existing credit satisfies the numerical requirement for car parking, practically the medical centre will require on site car parking. This is to be provided in the form of a 8 new car parking spaces in the proposed car park to be constructed to east of the medical centre. Ambulance access will be provided via the driveway from High street at the western elevation of the building. The proposed medical centre is considered to provide adequate car parking and access.

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Sediment and erosion Yes Conditions will be included on the development consent for the control (Part D) provision and maintenance of sediment and erosion controls during the construction phase. Bowraville Heritage Yes An assessment of the proposed development against the controls (Part I) relevant clauses of Part I of the NDCP 2010 is as follows. Clause 1.1 – The site is located within the Primary Conservation area. Clause 1.2 – The matters for consideration under Clause 5.10 of the NLEP have been addressed in this report. Clause 1.3 – The proposal is considered to be consistent with the objectives of the part in so far as the adaptive reuse will maintain the distinctive external features of the building which are notable in the streetscape which will conserve, enhance and improve the appearance of the area in keeping with the historic character of the area. Clause 1.4 – The site is mentioned in the heritage context as a part of the interesting internal vista between the Bowra Hotel and the “top end store”. The proposal which will maintain the building façade, roof and the concrete steps will maintain this role in the streetscape. Clause 1.5 – Although neither building on the site is listed as a heritage item in the NLEP 2010, a site card was provided in the 1989 Bowraville Heritage Survey Report for the Hill Top Store. On that card the shop building is noted as an important streetscape building. These elements of the building are retained in the proposed adaptive reuse. Clause 2.1 – The following matters have been taken into consideration during the assessment of heritage impact. - The façade of the building including the cantilevered awning, parapet to George Street and bracketed eaves to the High Street will be retained. - The design uses translucent roof sheeting to avoid new window openings to the High Street frontage. - The colour scheme of the building will be consistent with the traditional colours of buildings in the conservation area. - Signage is to be controlled to avoid the parapet and the original building identification signage. - The conservation of the key building elements in the adaptive reuse of the building. - The overall impact of the proposal upon the streetscape. Clause 2.2 – Since the external form of the building is to be retained including the facades, awnings and eaves, the key elements of the building are considered to be retained. This is consistent with the controls of this Clause. Clause 2.3 – The subject site is not identified as a feature that requires special attention. A condition of the development consent would be to implement the recommendations of the Statement of Heritage Impact. Waste Minimisation and Yes Bin storage is provided within the site and is accessible via Management (Part N) kerbside collection.

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(a) (iiia) Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4.

There are no planning agreements applying to the subject site.

(a) (iv) Any Matters prescribed by the Regulation

The proposed development is assessed against the relevant matters for consideration prescribed by the regulation in the following table:

Clause Complies Comments Clause 92(1) (a) - For the Yes Matters for consideration to implement the NSW Coastal Policy carrying out of are provided in the SEPP – Coastal Protection. It is considered development on land to that the matters for consideration under this SEPP have been which the Government satisfactorily addressed, therefore, satisfying the requirements of Coastal Policy applies, the the NSW Coastal Policy. provisions of that Policy. Clause 92(1)(b) — For Yes A condition has been included within the consent requiring any development involving demolition works to be undertaken in accordance with AS2601. building demolition, refer AS 2601 Clause 94(1) — For Yes The extent of alterations to the existing building will require total development involving compliance with the BCA. alterations and/or extensions to an existing building: Will it be appropriate to require partial or total conformity with BCA?

(a) (v) any coastal zone management plan

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Coastline.

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

Issue Applicable N/A Comments Context and Setting X The proposal will retain the key features of the building being the upper façade, date sign, concrete stairs on the corner of George and High Streets. The new building addition is located to the eastern side of the original building and is considered unlikely to adversely impact upon the “character area”. Access, Transport and X The proposal includes the construction of an on-site car Traffic park and a new vehicular crossover to George Street. Ambulance access is available from High Street. Public Domain X It is not considered that the proposed development will result in any adverse impacts on the public domain. Utilities X All urban services are located within the vicinity of the site. The conditions of consent will require connection to

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all normal urban services. Heritage X In accordance with the Due Diligence Code of Practice, the site is highly disturbed and is located within the urban area of Bowraville. It is unlikely that the site would contain any Aboriginal objects. Notwithstanding this the standard condition regarding the discovery of a relic will be included on the consent. Other Land Resources X - Water X Provision of reticulated water sewer and stormwater drainage infrastructure has been conditioned as part of the consent. Soils X Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the consent. Air and Microclimate X The proposed building is unlikely to create adverse impacts on solar access or breezes to surrounding properties. Flora and Fauna X It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats. Waste X A condition of consent will require storage and disposal of waste during construction phase. There is suitable room on site for the storage of waste containers for the operational phase of the development. Energy X The development will be constructed in accordance with Part J of the BCA. Noise and Vibration X Construction hours have been conditioned. Natural Hazards X The site is not subject to flood or bushfire hazard. Technological Hazards X - Safety, Security and Crime X It is considered that the design of the proposed Prevention development is consistent with the safer by design principles contained within the DCP. Social Impact in the Locality X Having regard to the above and subject to the conditions of consent, it is not considered that the proposed development will result in any significant social impacts on the locality. Economic Impact in the X Considering the minimal social impacts posed by the Locality development it is not considered that it will result in any negative economic impacts on the locality. Site Design and Internal X The design of the development is adequate. Design Construction X Conditions will control construction hours. Cumulative Impacts X The proposal is generally consistent with the planning controls and objectives that relate to the site. In this regard the proposal will not give rise to unreasonable, or unanticipated cumulative impacts.

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Does the proposal fit in the locality? Yes No x Are the site attributes conducive to development? Yes No x d) Any submissions made in accordance with this Act or the Regulations

A total of two (2) submissions were received during the notification of the development application in accordance with the Nambucca Development Control Plan 2010 with the following matters raised:

Summary of Matters Raised in Submissions Reporting Officers Comment Design advice suggesting exposed trusses and The suggested design concepts are not considered altered roof form to create clerestory windows to be any more beneficial in terms of heritage preservation, compared to the proposed design. Concern regarding the removal of timber floor and The replacement of the floor is considered rising damp. necessary to achieve the intended adaptive reuse of the building as a health care facility. Timber Floors provide issues with cleaning, infection control and management, longevity of material and maintenance as well as slip ratings and trip hazards. The existing subfloor had a damage from moisture. Consideration of vapour barriers and rising damp in the proposed new concrete floor will be addressed at the construction certificate stage. Loss of original shop front and timber floor – loss of The building is not a listed heritage item but does character have some heritage value in the streetscape. The shopfront of the building has already been altered with screens and the removal of original glazing. The existing indented display windows are not necessary or functional for the proposed adaptive reuse. It is considered that a modern and secure, but sympathetic shop front replacement is better suited to the use of the building and will provide access which is compliant with contemporary standards. The timber floor, while original to the building is not considered to be suitable for the proposed adaptive reuse and is subject to moisture issues in the subfloor area. The replacement of these elements of the building are not considered to adversely impact the overall distinctive and identifiable external appearance of the building or the streetscape. Lost opportunity for tourism use of site The site is vacant and the proposed adaptive reuse as a medical centre will ensure that the building is used and maintained well into the future. The potential for a separate proposal for a tourism related use is not a relevant consideration in the assessment of this application. Demolition of 2A George Street will remove an The dwelling is not a heritage item and has no original dwelling from the character area. unique features or significance. The removal of the dwelling will give prominence to the retained building and provide separation to the unsympathetic, conventional brick veneer residential dwelling to the east.

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Community consultation was lacking with The applicant held ‘open days’ with the community community members feeling ignored. as a form of consultation prior to lodging the development application. The application was notified and advertised in accordance with Council’s Development Control Plan at the time. The exhibition period was extended following a request to the General Manager. All submissions have been considered in the assessment of the application. Consideration of Nambucca DCP Section I Refer to the part of this report that addressed the Bowraville NDCP 2010. Suggestion that an alternate site 29A high Street The alternate site is not the subject of this would be more suitable. development application.

(e) The public interest

Subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

Section 7.11 & 7.12- Contributions

Development Contribution Plan Applicable N/A Contribution Amount 7.12 Contribution Plan x Crown Development 7.11 Mines & Extractive x

Section 64 – Construction of Works for Developers (Local Government Act 1993) Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater. This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

Development Servicing Plan Applicable N/A Contribution Amount Water Supply x Crown Development Sewerage x Crown Development

CONSULTATION:

Community – The applicant undertook community engagement prior to the development application being submitted.

Engineering – The application was reviewed by Councils Engineers. Conditions have been included to require on site stormwater detention and practical vehicular access.

Health and Building – Standard conditions have been applied.

Government Departments

NSW Rural Fire Service – N/A

NSW Roads and Maritime Service – N/A

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SUSTAINABILITY ASSESSMENT:

Environment

Subject to compliance with the recommended conditions to mitigate construction impacts and to address waste management arrangements, the proposal would have minimal environmental impact.

Social

The proposed development will make an adaptive reuse of the subject site, machining an effective use of the site and preserving the dominate external features of the existing structure. The proposal will also deliver a desirable medical service to the community with a modern facilities and functional configuration within the heritage context of the existing streetscape.

Economic

The proposed development will provide positive economic impacts through the construction phase and operational phase of the development.

Risk

The application presents minimal risk.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The implementation of the consent will address the current unsatisfactory situation and should reduce the current use of Council resources which are consumed in responding to the ongoing noise nuisance and compliance issues.

Working funds – justification for urgency and cumulative impact

Nil

Service level changes and resourcing/staff implications

Nil ATTACHMENTS: 1 15481/2020 - Recommended Conditions 2 46167/2019 - Application Plans 3 46168/2019 - Statement of Heritage Impact 4 15470/2020 - Addendum Statement of Heritage Impact

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GENERAL MANAGER'S REPORT

ITEM 9.16 SF688 300420 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21

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

SUMMARY:

The purpose of this report is to provide Council with a draft Environmental Levy Budget for the 20/21 period. It is noted that Council has applied for or received a number of grant applications which will require commitments from the Environmental Levy in the 20/21 period and in order to forward plan staff require some feedback from Council on the draft budget.

RECOMMENDATION:

1. That Council endorse the anticipated revotes for the following projects and program into the 20/21 FY.

a. WO3412 (Budget $56,000) DPIE funded improvements to Bellwood Foreshore, noting that works will be commencing soon but may not be complete.

b. WO3521 (Budget $219,000) Dawkins Park Infrastructure Grant (Club grants) – Outdoor cultural and environmental learning space.

c. WO3522 (Budget $125,200) Dawkins Park Increasing Resilience to Climate Change Grant

d. WO3436 (Budget $58,000 levy contribution to be reduced to 18K in March review) Welshes Pioneer Park Recreational Fishing Trust Grant

e. WO3495 (Budget $80,600) Scotts Head outer seawall Maintenance (DPIE Funded Coastal Grant)

f. WO3526 (Budget $53,000) Crown Reserve Management Fund improvements to the Goanna Trail Scotts Head.

g. WO2790 (Budget $57,461 post installation of solar PV system on Council Chambers) Climate Change Adaptation Fund.

h. WO3437 (Budget $10,000) Investigate implement Street Tree options for Bowraville.

2. That Council endorse the proposed 20/21 Environmental Levy Budget in principle for future exhibition with the Delivery Program and Operational Plan.

3. Council note the inclusion of $25,000 in the draft Environmental Levy Budget for 2020/21 for the feasibility study for the Great Koala National Park.

4. That Council staff proceed with project planning for grant funded projects requiring an Environmental Levy Contribution in the 20/21 FY. Specifically that staff:

a. Proceed with project planning, development and permits relating to WO3533 - Fish Habitat Action Grant (Congarinni North) noting a $40,000 Environmental Levy Contribution for the 20/21 FY;

b. Proceed with project planning and works to support W3421 – V-Wall Revitalisation SCCF Project noting an additional $90,000 Environmental Levy Contribution for the 20/21 FY

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21

OPTIONS:

1. Council may choose not to revote one or more of the Environmental Levy Funded projects funded in the 19/20 period, noting that several of these involve external subsidies;

2. Council may choose to amend the proposed Environmental Levy Budget for the 20/21 period.

3. Council may choose not to allocate Environmental Levy Funding from the 20/21 period to support grant funded programs noted in recommendation 3.

DISCUSSION:

Environmental Levy Revenue

The estimated income for the environmental levy for the 2020/21 FY is $442,600.

Environmental Levy Reserve

As detailed in the body of this report, the Levy Reserve for the 19/20 period had been reduced to below $15,000 due the success of a number of grant applications.

Several projects are planned to be completed prior to the end of the 19/20 FY and subject to the project completion costs in the 2019/20 financial year - the environmental levy reserve at the end of the 2019/20 financial year is not yet known.

Some projects are anticipated to require revotes and these are detailed in the body of this report.

Background

The first environmental levy for Nambucca Shire was approved for a two year period covering budgets from 2003 to 2005 inclusive. IPART has since approved the environmental levy as permanent component of Council’s income.

The income from the environmental levy is indexed and is currently $442,600 per annum.

Since its inception the environmental levy has contributed to a significant number of important initiatives that could not have been supported through general funds. These initiatives have spanned a number of core themes contributing to both environmental and social wellbeing.

Examples of some core studies and plans completed over the last decade include:

 Nambucca Coastal and Estuary Management Program  Nambucca River Masterplan  Nambucca River, Warrell Creek and Deep Creek Flood Program  Climate Change Risk and Adaptation Strategy

The direction provided by these studies and plans is now the subject of works being implemented through the environmental levy and other grant programs.

Council leverages the income from the environmental levy to attract State and Federal grant funding. Essentially, Council uses the environmental levy to attract $ for $ funds to support projects.

The levy has also supported other initiatives undertaken by natural resource agencies like Landcare.

Many of the projects undertaken with funds from the environmental levy span multiple years. Programs or projects that have been supported via levy/ grant funding recently and are likely to continue into the 20/21 period include the following budgets. Although some of these projects may commence prior to the end of

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21 the 19/20 FY they are identified in the recommendations as requiring revotes into the 2020/21 period as noted below:

WO3412 (Budget $56,000) DPIE funded improvements to Bellwood Foreshore including bank management, rock fillets, mangrove recruitment, stabilisation, revegetation and other activities. Crown approval for this project was only granted in December 2019 and works then need to be scheduled into the works program.

Works will be commencing shortly but may not be complete prior to the end of the financial year.

WO3521 (Budget $219,000) Dawkins Park Infrastructure Grant (Club grants) – includes the construction of an outdoor environmental and cultural learning space in Dawkins Park. Engineering detail being prepared at present.

WO3522 (Budget $125,200) Dawkins Park Increasing Resilience to Climate Change Grant – Includes the installation of 60ft windmill to power the raingarden and several climate change learning stations around the park. Council as partnered with Southern Cross University to deliver the Student Workshops and learning material for this project;

The windmill is being constructed at present, workshops with students, teachers and SCU staff will not proceed until deemed appropriate due to present COVID-19 protocols.

WO3436 (Budget $58,000 levy contribution to be reduced to 18K in March review) Welshes Pioneer Park Recreational Fishing Trust Grant – includes Riverbank stabilisation, riparian management and revegetation in Welshes Pioneer Park Talarm. Requires Crown and Fisheries approval.

WO3495 (Budget $80,600) Scotts Head outer seawall Maintenance (DPIE Funded Coastal Grant) – includes maintenance to the outer seawall at Scotts Head and other general infrastructure upgrades in the area as resources and funding body permit.

WO3526 (Budget $53,000) Crown Reserve Management Fund improvements to the Goanna Trail Scotts Head. Improvements to the trail, Glycine clandestine and themeda grassland EEC Management. Some interpretive information on the local environment and culture. Requires Crown and NSW Lands Council approval.

WO2790 (Budget $57,461 post installation of solar PV system on Council Chambers) Climate Change Adaptation Fund. This budget has successfully installed a 50KW solar system on the Council chambers during the 19/20 period. Other actions are to be delivered from the Renewable Energy Action Plan however these may not occur prior to the end of the 19/20 period.

WO3437 (Budget $10,000) Investigate implement Street Tree options for Bowraville. This is yet to be progressed largely due to other staff commitments and the relatively lean budget. It is proposed to revote the budget and target grant funds to support a more holistic Masterplan for the Bowraville Town as resolved by Council. Grant funding will be sought to provide a more generous budget.

The success of sourcing external funding for these projects is positive and they cover a range of themes including, coastal management, wetland management, riverbank + riparian management, climate change, threatened species, cultural and environmental education, water quality, and urban landscape design/ improvement. The total subsidies received for the above projects total approximately $385,000 which is the equivalent of 90% of the Environmental Levy rates revenue for the 19/20 period.

In matching these grants the levy reserve has been depleted to below $15,000. Further, some recently awarded grant funded projects are required to be funded from the 20/21 budget Environmental Levy Budget.

Accordingly the Environmental Levy budget for the 20/21 period has been developed to support grants which we have already been committed to by Council and support management actions in Council existing plans and strategies. Including the Coastal Zone Management Plan, Nambucca River Masterplan, Estuary Management Plan and Climate Change Risk Adaptation Plan. A range of regular funding programs

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21 support the implementation of actions under these plans. The program will also focus on some larger existing projects or programs such as the V-wall revitalisation, renewable energy action plan and coastal program. This will reduce staff resources committed to commencing new projects and allow stuff to finalise projects committed to in the 19/20 period.

In this respect the proposed environmental levy budget for 20/21 is provided below (for comparison purposes the 19/20 budget has also been provided):

EL Budget 20/21 19/20 Budget 20/21 Budget W2267 - Heritage Grant Funds $ 5,000.00 $ 5,500.00 W2310 - Coastal Management Program Actions $ 41,000.00 $ 20,000.00 W1084 - Servicing Dog Bins $ 4,700.00 $ 5,500.00 W2838 - Gordon Park Flying Fox Camp $ 7,000.00 $ 4,000.00 W1111 - Water Quality River Health Monitoring $ 10,000.00 $ 5,000.00 W2366 - Restoration & Rehabilitation $ 20,000.00 $ 15,000.00 W2311 - Dawkins Park Reserve Water Quality Monitoring $ 40,000.00 $ - W1970 - Flood Risk Management Plan $ 15,000.00 $ - W2173 - Riverbank Erosion Program Rehabilitation $ 25,000.00 $ 10,000.00 W2276 - Environmental Levy Staff Costs: $ 96,500.00 $ 98,900.00 W3437 - Street Tree Options High Street Bowraville $ 10,000.00 $ - W1969 - Indian Myna Birds Eradication Program $ 4,000.00 $ 4,000.00 W2309 - Environmental Levy Management Fund $ 5,000.00 $ 4,000.00 W2227 - Environmental Website Maintenance - Our Living Coast $ 2,000.00 $ - W2229 - State of Environment Reporting $ 2,500.00 W2789 - Investigate/Implement Environmental Improvements $ 3,500.00 $ - Bowraville W2790 - Climate Change Adaptation Fund $ 40,000.00 $ 40,000.00 W3436 - Welsh Pioneer Park Environmental Management $ 24,000.00 $ - W2681 - Implementation of Eco Health Report Actions $ 10,000.00 $ - W2134 - Maintenance of Stormwater Gross Pollutant Traps $ 5,000.00 $ 5,000.00 W3438 - Roads Vegetation Control $ 6,000.00 $ 6,000.00 W3432 - Desex Dogs & Cats $ 10,000.00 $ - W3047 - Stormwater Drainage Reconstruction - Dawkins Park $ - $ - Drainage W2677 - CZMP Action (Scotts Head Surf Club Precinct LLS OEH $ - $ - NCHP) NEW - Azility $ - $ - WO3526 Goanna Trail $ - $ - W3521 Dawkins Park Infrastructure Grant (Club Grants) $ - $ - W1755 - Noxious Weeds Control $ 66,200.00 $ 66,200.00 WO3533 Fish Habitat Action Grant (Congarinni North) $ 40,000.00 WO3495 Scotts Head Outer seawall (DPIE) $ - WO3522 Dawkins Park Increasing Resilence to Climate Change $ - Grant W3421 V-Wall SCCF Fund $ 90,000.00 Great Koala National Park (feasibility commitment) $ 2 5 , 0 0 0

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21

$ 452,400.00 $ 444,100.00

EL Revenue from Original Budget 19/20 $ 425,000 EL Revenue from Original Budget 20/21 $ 442,600

Particular items from the 20/21 proposed budget are briefly discussed below:

WO3533 - Fish Habitat Action Grant (Congarinni North): $40,000 grant awarded through the Recreational Fishing Trust to be matched by $40,000 from the environmental levy. Council will partner with Nambucca Valley Landcare to deliver the project which will result in:

 400m of River Bank Stabilisation including timber pins, root balls from highway upgrade, rock fillets to encourage mangrove and saltmarsh recruitment and fencing  1400sqm of Mangrove Habitat Restored;  25000sqm of Mangrove habitat fenced and Improved;  21000sqm of saltmarsh fenced and improved It will also fence over 30,000 sqm of wetland

W2790 – Climate Change Adaption Fund ($40,000): This item will be consolidated with unspent funds from 2019/20 to continue to deliver actions in the Council Climate Change Adaptation Strategy and Councils Renewable Energy Action Plan.

W2366 - Restoration and Rehabilitation Program ($15,000): This has been an ongoing program for the last several years and contributes to many of the landscaping improvements observed through our open spaces and reserves. It has also contributed to riparian revegetation programs and like programs as necessary. Council receives positive feedback from the community in respect to many of the projects this budget has contributed to over time.

W2276 – Environmental Levy Staff Costs ($98,900): This budget contributes to the cost of staff management of the program.

W2310 – Coastal Management Program Actions ($45,000): Part of this budget (approx $20,000) will cover costs associated with a coastal Grant for Bushfire Recovery. An application was submitted in February 2020 for a 3 year bushfire recovery program including riparian management, ecohealth monitoring, bank stabilisation and rainforest recovery in Bushfire effected upper catchment areas. If successful the grant would result in $350,000 over 3 years. Council partnered with Landcare and UNE in the grant application. The remainder of this budget would target the 20/21 coastal and estuary program which the NSW Government has indicated will be released in August and will fund projects at a 2:1 ratio, in previous years our success in the program was supported at a 1:1 ratio.

W3421 – V-Wall Revitalisation SCCF Project ($90,000): This project will assist in the revitalisation of the V-Wall Precinct by funding all landscaping, tree installations, shade structures, environmental and cultural engagement and placemaking:

In developing the project plan and design for the improvements it was intended that Council would deliver the on ground works. However, due to the SCCF grant funding commitments/ timing and other significant impacts to the works program (2019 Bushfire Emergency) it was decided that this project would suit delivery by contract as we had prepared a detailed design suitable for tender release. Recent tender results highlight additional funding is required to deliver the positive improvements to the space.

To reduce costs staff have reduced the proposed scope of works that will allow some aspects of the project to be completed at a later stage while meeting the overall intent of the design and the requirements of our funding agreement. Staff are presently negotiating with tenders on this scope. The results of the tender for this project will be reported to the next Council meeting recommending contractor engagement to complete the project.

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21

The SCCF fund will contribute $472,000 to the project and combined with $90,000 of levy funds the project will provide a more holistic and complete result without substantially affecting the design. The funding ratio will be amended to approx. 80% grant funded.

The improvements to the V-Wall have been supported by the Nambucca River Masterplan which was developed using the Environmental Levy funding. The Environmental Levy has contributed to several projects identified in the Masterplan over the years, including improvements at Stuart Island, Bellwood Park, Gordon Park, Anzac Park as examples. All of which have provide environmental, social and economic benefits for the community.

The V-Wall is one of our most iconic destinations in the Valley and deserves a polished result. As well as delivering positive environmental outcomes, the project will deliver upgrades outlined in our tourism strategy and Regional Economic Development Strategy (REDS). Whilst we have the majority of funds available through grant the additional funds will complete this part of the V-Wall for a reasonably lean figure (comparatively for urban renewal), and provide a showcase destination for the Valley.

New Work Order – Great Koala National Park (feasibility commitment) ($25,000) – Represents a Nambucca Valley Council commitment to support feasibility investigation into the Great Koala National Park. This project will be part of partnership with Bellingen and Coffs Harbour Council’s.

CONSULTATION: General Manager Manager Development and Environment Consultation with other relevant staff regarding the 20/21 Levy Budget.

SUSTAINABILITY ASSESSMENT:

Environment

The Environmental Levy projects provide positive environmental outcomes

Social

The Environmental Levy projects provide positive social outcomes

Economic

The Environmental Levy projects provide positive economic outcomes

Risk

1 This report simply recommends a draft Environmental Levy Budget for Council consideration. It is noted that many of the projects proposed to be funded related to grant funded commitments with other agencies. Council does risk losing funding should the programs not be supported, as they will not meet the matching funding requirements or not achieve all of the outcomes proposed as part of our commitment.

2 There is some risk that the Government response to COVID-19 Pandemic may follow through to local government directions. For example reducing or pausing rates including the Environmental Levy Revenue.

In this regard many projects we have being implemented at present should be a priority and others are likely to agreed variations to commencement dates to align them with COVID-19 or local government budget impacts.

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ITEM 9.16 PRELIMINARY ENVIRONMENTAL LEVY BUDGET 20/21

Council has already been offered extensions to all our coast and estuary grants including extension to Bellwood Park Foreshore; Coastal Management Program; Scotts Head outer Seawall; Scotts Head Beach Access.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The budget implications are highlighted in the body of this report.

Working funds – justification for urgency and cumulative impact

NIL

Service level changes and resourcing/staff implications

NIL

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_23.DOCX Page 88 of 151 Ordinary Council Meeting 30 April 2020

GENERAL MANAGER

ITEM 9.17 SF2884 300420 UNDETERMINED DEVELOPMENT APPLICATIONS EITHER GREATER THAN 12 MONTHS OR WHERE SUBMISSIONS RECEIVED TO 18 MARCH 2020

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

Summary: This report contains information in relation to Development Applications which have been undetermined for over 12 months and undetermined Development Applications which have received submissions.

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a 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 contained in the report on undetermined Development Applications either greater than 12 months or where submissions have been received to 18 March 2020 be noted by Council.

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

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

TABLE 2: UNDETERMINED DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2019/237 21 November 2019 10 Lot Residential Lot 68 DP 228703, Tuna Street & Subdivision Ocean View Drive, Valla Beach Two submissions have been received STATUS: Being assessed – awaiting further information from applicant DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2019/244 28 November 2019 Demolition of existing Lot: 1 DP: 308691 & Lot 1 dwelling, additions to DP1079002, 2 & 2A George existing commercial Street, Bowraville building and change of use to a medical centre. (Proposed Health One). Two submissions have been received. STATUS: Being assessed – draft conditions referred to State Government DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/012 20 January 2020 Seniors Housing Lot 1 DP 1119830, Bellwood Road, Nambucca Heads One submission has been received. STATUS: Being assessed – information requested from applicant regarding earthworks. Referred to RFS. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/039 26 February 2020 Multi-dwelling housing and Lot 1 DP 1074226, 123 Mann Strata subdivision Street, Nambucca Heads Two submissions have been received STATUS: Being assessed – referred to RFS (integrated), Essential Energy and Council’s engineers. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/041 27 February 2020 33 Lot Subdivision Lot 944 DP 620067, 586 Upper

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ITEM 9.17 UNDETERMINED DEVELOPMENT APPLICATIONS EITHER GREATER THAN 12 MONTHS OR WHERE SUBMISSIONS RECEIVED TO 18 MARCH 2020

Warrell Creek Road, Congarinni One submission has been received STATUS: Being assessed. Integrated – referred to RFS and NRAR (Water) DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/053 18 March 2020 Residential Additions Lot 9 DP 250429, 21 Henderson Street, Valla Beach One submission has been received. STATUS: Being assessed ATTACHMENTS: There are no attachments for this report.

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GENERAL MANAGER'S REPORT

ITEM 9.18 SF2884 300420 2020 MARCH - DEVELOPMENT APPLICATIONS AND COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer

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 investigate the possibility of reporting Development Applications lodged in previous month.”

Attached is a list of Development Applications and Complying Development Applications received in March 2020 as at 15 April 2020.

RECOMMENDATION:

That the Development Applications and Complying Development Applications received in March 2020 be received for information.

ATTACHMENTS: 1 15083/2020 - Attachment to Report - DAs & CDs Received - March 2020

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GENERAL MANAGER'S REPORT

ITEM 9.19 SF2884 300420 2020 MARCH - APPROVED CONSTRUCTION AND COMPLYING DEVELOPMENT CERTIFICATES

AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer

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 March 2020 as at 15 April 2020.

RECOMMENDATION:

That the Construction and Complying Development Certificates approved for March 2020 be noted and received for information by Council.

ATTACHMENTS: 1 15082/2020 - Attachment to Report - CCs & CDs Approved - March 2020

CO30042020SR_26.DOCX Page 92 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.1 SF2767 300420 REVIEW OF AUSTRALIA DAY AWARDS

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

There has been a lack of nominations in recent years which has prompted a review of the committee structure and award categories. Council does appear to have higher numbers of committee members and award categories compared to most of its neighbours and these should be looked at with the intent of reducing both.

Following discussions with some Aboriginal Elders to get suggestions on how the Indigenous Community could get more involved in Australia Day activities it was suggested that the best way to start would be an Indigenous music and dance festival utilising local talent initially to be held at Bellwood Park, Nambucca Heads. Council may have to increase its budget to facilitate such an event.

The name of the committee should also be changed from Australia Day to something like National Celebration Day or similar.

Based on various discussions a suggested revised and marked up Terms of Reference is attached as Appendix A for Council’s consideration and amendment as necessary. If adopted they could commence from September 2020 or earlier in readiness for the 2021 Awards or put back until after the next Council election.

RECOMMENDATION:

THAT: a) The Report be received. b) The revised Terms of Reference at Appendix A, subject to any amendments, be adopted and a date set for their commencement. c) An additional $5,000 be considered in the 2020/21 draft budget to facilitate an Indigenous Music and Dance Festival to be held 26 January 2021.

OPTIONS:

There are various options Council might determine following consideration of this Report.

DISCUSSION:

Council at its Ordinary Meeting held 30 January 2020, when considering a Notice of Motion from Councillor Reed, resolved the following:

1 That Nambucca Valley Council conduct a complete review into the Australia Day Awards and that a report come back to Council by May, 2020.

2 That the review accommodate an Indigenous History of Australia Day and that it include perspectives for change.

The reason behind the resolution stems from a lack of nominations for the key awards presented on Australia Day which has been a growing trend in recent years, not just in Nambucca, but in many rural councils. Also apart from the “Welcome to Country” there is limited involvement by Indigenous persons or recognition of Indigenous traditions and culture on Australia Day.

This review also looks at the structure of the Australia Day Committee in comparison with other councils as well as the number and type of awards presented.

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ITEM 10.1 REVIEW OF AUSTRALIA DAY AWARDS

It is acknowledged that if Council wishes to conduct citizenship ceremonies then these should be on Australia Day, although it is possible to conduct these on other days as we are below the annual minimum threshold of new citizens.

The Table below provides a comparison of the structure and award categories of nearby councils. Nambucca has many more award categories than others, however the current committee feel that is the reason why they get good numbers turning up to the official ceremony and do not want to reduce the categories by too many.

However, having so many categories also runs the risk of diluting the value of an Australia Day Award and could be a reason contributing to the lack of nominations particularly in the sporting categories where there are 6 awards.

Council Australia Day Membership No. of Awards & Categories Committee? Nambucca Yes - Advisory I Councillor rep plus 16 maximum 11 community Citizen, Young Citizen, Senior Citizen, reps comprising past Services to the Community (individual and Citizen of the Year winners organisation), Student of the Year, Apprentice/Trainee of the Year, Good Neighbour, Cultural Achievement, Junior Sports (male, female and team), Senior Sports (male, female and team) and Environmental Citizen. Coffs Yes - S355 Mayor (chair), 2 staff & up 4 Harbour to 5 representatives Citizen, Young Achiever, Sportsperson of selected from community the Year, Event of the Year nominations

Port No – working Working Group reporting to 5 Macquarie group the PMHC Cultural Citizen, Young Citizen, Senior Citizen, Hastings Steering Group – not Environment Citizen and Community Group aware of numbers of the Year

Bellingen Yes -S355 Min 5 to max 11 including 8 Mayor, Councillor and staff Citizen, Young Citizen, Community Service member. 8 community (person), Community Group, Sportsperson, members nominated and 4 Junior Sportsperson, Sport Team of the year term in line with Year, Creative Arts Council

Clarence No – Chaired by a councillor – 4 Valley community advertise for panel Citizen, Young Citizen, Community selection members each year Achievement (group only) and Local Hero panel

Kempsey Yes – S355 8 including Mayor, 4 Councillor, staff member Citizen, Young Citizen, Community Group and 5 community members and Volunteer of the Year. appointed following call for nominations. Term until next Council election.

Some members of the current committee felt the committee needed a mixture of representatives given a number were current Lions Club members. It was suggested the Committee should comprise the Mayor, an Indigenous Representative, the previous Citizen and Young Citizen of the Year and a representative of Rotary, Lions and Quota Clubs (noting only one representative from the four Lions Clubs). The Young

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ITEM 10.1 REVIEW OF AUSTRALIA DAY AWARDS

Citizen of the Year recipient could pose a problem if attending University, for example, and not being able to attend meetings.

Another suggestion from the current committee was to just seek nominations from the community for “Services to the Community” and the committee decides from that list who gets Citizen of the Year, Senior Citizen of the Year, Junior Citizen and Services to the Community.

Other current members did not see any reason to change the current format other than the committee members be allowed to nominate persons if the community does not nominate anyone for a category. All members are happy for Council to make a determination on any changes to the committee structure or Award Categories.

With regard to Section 2 of Council’s resolution of 30 January 2020, current Indigenous involvement in Australia Day activities in Nambucca comprises a Welcome to Country by Raelene Ballangarry and the flying of the Aboriginal and Torres Strait Islander Flags at the Awards Ceremony as well as attendance by Indigenous persons at Australia Day activities including the Awards Ceremony. There is no other recognition of Indigenous history or culture on the day.

The National Australia Day Council website under the heading Reconciliation states:

“Our First Peoples are the traditional custodians of our beautiful lands and waterways and have a fundamental role in the great Australian story.

We aspire to an Australia Day that can increasingly include a recognition and celebration by all Australians of the importance of Aboriginal and Torres Strait Islanders to our nation.

January 26 has multiple meanings: it is Australia Day for some, and it is also, for some, Survival Day.

Some Aboriginal and Torres Strait Islander people and non-Aboriginal and Torres Strait Islander Australians have mixed feelings about celebrating this day - some consider it a day of mourning, and others use the day to mark the survival of their ongoing traditions and cultures.

It's important that these views are respected and that collectively we have constructive conversations about this history and seek ways to move forward together as a nation.

Our national day provides an opportunity to acknowledge and learn about our nation's past. It's a time to reflect on and learn about our national journey including the ongoing history, traditions and cultures of Aboriginal and Torres Strait Islander Peoples.”

To try and break that nexus between Australia Day and the landing of Arthur Phillip at Sydney Cove, the name of the Committee could change from the Australia Day Committee to something like National Day Committee or Australia Celebration Day Committee or Cultural Celebration Day Committee or similar. This may help in attracting an Indigenous person(s) to become a Committee Member(s) and to provide advice on activities that could be conducted at various locations.

Incorporated in June 2010, Saltwater Freshwater Arts Alliance is a not-for-profit organisation governed by a Board representing ten Local Aboriginal Land Councils on the Mid North Coast of NSW. They include Karuah, Forster, Purfleet Taree, Bunyah (Wauchope), Birpai (Port Macquarie), Kempsey, Thungutti (Bellbrook), Unkya (Macksville), Bowraville and Coffs Harbour.

It provides a year-round program of activities grounded in arts and skills development across a range of different art forms, many of them aimed at the next generation. These projects are showcased to the public at the Saltwater Freshwater Festival, now held every second year on Australia Day at different venues in the region. It may be possible that we could attract this event to the Nambucca Region with financial support however it would be infrequent given only two of the Aboriginal Land Councils are in the Council area and other regions would be pushing for it.

However, the writer has held discussions with some local Elders who, following their consultation, believe a musical festival along the lines of a much smaller Saltwater Freshwater Festival utilising local singers

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ITEM 10.1 REVIEW OF AUSTRALIA DAY AWARDS and dancers would be the best way to get local Indigenous people involved, including those younger ones that are currently anti Australia Day. The event could be held annually at either Bellwood Park, Nambucca Heads, at the Showground or along the river in Macksville and in Bowraville at the Showground, coinciding with the relevant town where the official ceremony is to be held. This would be in addition to other local events such as that held by the Lions Club at Gordon Park.

Alternatively the event could be held every alternate year to the Saltwater Freshwater Festival which could attract more performers and visitors.

Suggested Changes to the Terms of Reference Based on discussions with various stakeholders the following changes to the Terms of Reference are suggested:

1. Change the name of the Committee to National Celebration Day 2. Objectives to include facilitating events that celebrate Australia and its heritage and the seeking grant funds for other celebratory events such as NAIDOC Week, Senior Citizens Week and Youth Week. 3. Reduce the Committee to a maximum nine members including the Mayor, 2 Councillors, an Indigenous representative and 5 community representatives to be selected from nominations called after each general Council Election, with membership held until the next Council Election. 4. The Chairperson shall be the Mayor or if declined by the Mayor, another member elected by the Committee. 5. Establish the Committee under Section 355 of the Local Government Act, 1993 to provide some insurance protection to members and to receive delegations from Council. 6. A staff member be allocated as Secretary of the Committee. 7. If there are no nominations in a particular category, committee members may nominate a person(s) for Awards. 8. The Award Categories be reduced by eliminating the Senior Citizen of the Year, Student of the Year, Apprentice/Trainee of the Year and Environmental Citizen, combining the Services to the Community Award for Individuals and Organisations into one Award, combining the Junior Male and Female Sporting Awards into a Junior Sportsperson Award and combining the Senior Male and Female Sports Award Categories into a Senior Sportsperson Award. 9. The Award categories be increased by adding Indigenous Citizen and Young Indigenous Citizen of the Year Awards

It is noted that existing committee members have contributed a lot over the years and some may feel aggrieved if the new structure is approved. However they should be encouraged to apply when and if committee member nominations are called.

CONSULTATION: National Australia Day Council Website Saltwater Freshwater Arts Alliance Website Australia Day Committee Australia Day Committee Charters of other councils. Councillor Martin Ballangarry Trevor Ballangarry and associates from the Indigenous community

SUSTAINABILITY ASSESSMENT:

Environment Nil Impacts

Social Australia Day activities and awards provide social interaction opportunities for community members

Economic An Indigenous Music Festival may attract people to the area who spend money within the local economy.

CO30042020SR_1.DOCX Page 96 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.1 REVIEW OF AUSTRALIA DAY AWARDS

Risk There is reputational risk if there is community opposition to any proposed new structure of the committee and categories of Awards.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets There are no immediate impacts on the existing budget however if Council wants to support a music festival then it may need to increase the budget to at least allow for paying travel and incidentals to performers and for any hiring of facilities such as stages, sound equipment, showground, etc plus any required security and/or insurance, depending on crowd size.

Working funds – justification for urgency and cumulative impact There are no expected impacts on working funds.

Service level changes and resourcing/staff implications There is no expected change to current staff resourcing however organising a music festival may fall to staff rather than those committee members volunteering their time.

ATTACHMENTS: 1 16466/2020 - Appendix A - Draft Terms of Reference Aust Day C'tee

CO30042020SR_1.DOCX Page 97 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.2 SF42 300420 OLG CIRCULAR MODIFICATION TO STATUTORY REQUIREMENTS

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

Council has received Office of Local Government (OLG) Circular 20-12 detailing the modification of statutory requirements due to the COVID-19 pandemic. The Circular is attached to this Report. The Local Government General Amendment COVID-19 Regulation is also attached.

It provides an additional month, if needed, for Council to complete the March Quarterly Review of Income and Expenditure, the Annual Operational Plan, Annual Financial Statements and the Annual Report.

Among other things it gives Council the option of deferring the delivery of rate notices for a month and also removes the requirement for councils to advertise in newspapers on a permanent basis. However advertising of development applications in newspapers will resume after COVID - 19.

At this stage it is proposed to proceed as usual with the preparation of the March Quarterly Review of the Operation Plan and Annual Financial Statements. Due to delays with LG Solutions in providing information for the new LTFP as well as reducing the financial impact of COVID-19 on ratepayers it is proposed to hold off a month on preparing the Community Strategic Plan and hence the sending out of rate notices.

RECOMMENDATION:

That the Report be received and noted.

OPTIONS: There is the option of sending out next financial year’s rate notices on time.

DISCUSSION: Amendments include:

 Allowing councils to delay sending out the first quarterly rates notice for 2020-21 and extend the payment deadline by one month.  Enabling councils to immediately waive or reduce fees for services such as food premise inspections and footpath usage for COVID-19 affected businesses, without the need to provide 28 days public notice.  Providing councils with a one-month extension to adopt their 2020-21 operational plans and budgets and submit their 2019-20 audited financial statements and annual reports. Councils will also have an extra month to submit their last quarterly budget review statement for 2019-20.  Removing the requirement for documents to be made available for inspection at council offices, if the document is published on the council’s website or available electronically.  Removing the requirement for council notices to be advertised in newspapers and instead allow the relevant notice to be published on the council’s website. This is not a temporary measure and will be ongoing.  To provide that a water supply restriction may be imposed by a council by notice published on the website of the council rather than in a newspaper.  Invitations to tender do not have to be in a newspaper if advertised on Council’s website and by any other means considered necessary to bring it to the attention of persons who may be interested in tendering.

CONSULTATION: OLG Circular and legislation & MANEX B

CO30042020SR_33.DOCX Page 98 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.2 OLG CIRCULAR MODIFICATION TO STATUTORY REQUIREMENTS

SUSTAINABILITY ASSESSMENT:

Environment Not applicable

Social Extending the issuing of the first rate notices for one month may assist ratepayers who have been financially impacted by COVID-19. However Council’s Rates Hardship Policy also allows ratepayers to enter into agreements for the payment of rates over an extended period.

Economic The legislation allows for Council to waive fees and charges without having to advertise for the 28 days. Newspaper businesses will lose some income from Council not having to advertise in certain circumstances.

Risk The risk of not completing financial reporting within legislated timeframes has been reduced with the additional month provided. There is a financial risk of Council having insufficient funds to meet payments if rate income is received a month later.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets No impact on the current budget however there could be a loss of interest on investment income of about $3,000 and/or increased bank fees if rates are deferred for a month. The budget however will be more accurate if extra time is provided to staff in preparation.

Working funds – justification for urgency and cumulative impact Nil if reduced interest on investments is allowed for in next year’s budget.

Service level changes and resourcing/staff implications There are no impacts on staffing or service levels, however the deferral of preparing the Community Strategic Plan will allow staff to prepare a more robust Budget.

ATTACHMENTS: 1 15524/2020 - OLG Circular 2 15639/2020 - LG Amendment COVID-19 Regulation

CO30042020SR_33.DOCX Page 99 of 151 Ordinary Council Meeting 30 April 2020

CORPORATE SERVICES

ITEM 10.3 SF1415 300420 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

The Minutes of the Audit, Risk and Improvement Committee (ARIC) Meeting held 8 April 2020 are attached for Council’s endorsement.

RECOMMENDATION:

That Council receive and note the Minutes of the Audit, Risk and Improvement Committee Meeting held 8 April 2020.

OPTIONS:

For noting only.

DISCUSSION:

The Committee endorsed the Pandemic Plan and the Information Security and Management Policy No CS 28 previously submitted to Council in March 2020.

The Committee also noted the Annual Audit Engagement Plan, the update of the Performance Audit on Credit Card Management, the progress updates on findings from both the Internal and External Audits, the 2018/19 Annual Financial Statements Closing Report, the Report by the NSW Auditor General on Local Government, the potential impacts of COVID-19 on Financial Reporting and the ICT Annual Incidents Report.

A Report on leaseback vehicle rates was deferred to the next ARIC meeting for further information and assessment of the calculations used to set leaseback rates for staff members.

CONSULTATION: Committee members

SUSTAINABILITY ASSESSMENT:

Environment Not applicable

Social Not applicable

Economic Not applicable

Risk Implementation of the internal and external audit recommendations will substantially reduce Council’s risk profile.

CO30042020SR_14.DOCX Page 100 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.3 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets The cost of ARIC independent members has been budgeted for as has the internal and external audits.

Working funds – justification for urgency and cumulative impact No impact.

Service level changes and resourcing/staff implications No change from current levels.

ATTACHMENTS: 1 14456/2020 - Minutes ARIC 8 April 2020

CO30042020SR_14.DOCX Page 101 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.4 SF1415 300420 REVISED INVENTORY POLICY

AUTHOR/ENQUIRIES: Matthew Sykes, Chief Financial Officer

SUMMARY:

At the 27 August 2019 Audit, Risk and Improvement Committee (ARIC) meeting the ‘2019/20 Internal Audit Report’ (Item 4.6) was presented. The report covered the ‘Review of Stores and Workshop Management’, and one finding of this review was that an update of the Council Inventory Policy to address issues observed by the internal auditors.

RECOMMENDATION:

That the revised Inventory Policy be adopted.

OPTIONS:

1 None of the changes are adopted. 2 Some of the changes are adopted. 3 New changes are adopted. 4 Some of the changes are adopted and new changes are adopted.

DISCUSSION:

At the 26 June 2019 ARIC meeting Item 4.4 ‘Draft Internal Audit Plan’ was presented. ARIC endorsed the draft Strategic Internal Audit Plan 1 July 2019 to 30 June 2022 provided by Forsyth’s Chartered Accountants, which included in 2019/20 the Review of Stores and Workshop Management. The internal audit review objective of the Review of Stores and Workshop Management was to review the adequacy of internal controls over store and workshop operations including policies and procedures, purchasing, stock levels, returned items, obsolete and damaged items, operational efficiency and plant maintenance data recording. The type of review was a control framework assessment and the assessed risk was high.

Forsyth’s Chartered Accountants commenced the 2019/20 internal audit reviews on the week commencing 22 July 2019. As result of this audit, the ‘Review of Stores and Workshop Management’ report was issued. The ‘Review of Stores and Workshop Management’ found 16 issues, 1 of which had a risk assessment rating of high, 9 had a risk assessment rating of moderate, and 4 had a risk assessment rating of low.

Issue A-2 which was given a moderate risk rating by Forsyth’s found that:

Improvements to the Inventory Policy to meet Council objectives, outcomes and risk mitigation (including the decision making process on what is stock vs non-stock) & creation of a Workshop Policy were needed.

The agreed action plan between Forsyth’s and Council to address this issue as related to the Inventory policy was:

Council will amend the Inventory policy and implement a Workshop policy. The Inventory policy will include the following suggestions:

• Further comment on what should be included in stock and the treatment of items that are decided not to be recorded as stock; • The level of monitoring needed and type of reporting required to manage stores; • Include objectives and performance indicators; • Ensuring that staff check stock availability before purchasing direct or via purchase card and actions that will be taken to manage compliance;

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ITEM 10.4 REVISED INVENTORY POLICY

• How adjustments or variances will be managed including reporting stocktake variances and obsolete/damaged stock to the Audit and Risk and Improvement Committee (ARIC) and who has authority for recommended treatments; • Defining when items should be removed from stock; and • The agreed treatment of onsite gravel stockpiles.

The attached Inventory Policy has been revised to incorporate changes (red font) to address the above agreed action plan.

CONSULTATION:

Forsyth’s (Internal Auditors), Accountant, Finance Officer – Expenditure, Manager Infrastructure Services, Purchasing/Stores Officer.

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Nil

Economic

Nil

Risk

The current Inventory Policy does not adequately mitigate the risk related to the operation of the Council store i.e. disclosing the decision making process on what is stock vs non-stock.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Write downs of stock value or stock written off will have a negative impact on Councils budget.

Working funds – justification for urgency and cumulative impact

Write downs of stock value or stock written off will have a negative impact on Councils available working funds.

Service level changes and resourcing/staff implications

Additional workloads for staff to implement controls to reduce or eliminate risk identified in the Internal Audit will impact on current levels of service, particularly within Finance and Infrastructure Services section.

ATTACHMENTS: 1 16709/2020 - Revised Inventory Policy

CO30042020SR_37.DOCX Page 103 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.5 SF2806 300420 INVESTMENT REPORT TO 31 MARCH 2020

AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant

SUMMARY:

The anticipated return on investments from 1 July 2019 to 30 June 2020 as advised by Imperium Markets (Nambucca Valley Council investment advisor) are:

 $943,390 (If the market turns around and TCorp returns an estimated 2.5% interest for remaining three months of Financial year),  $853,027 (If no income is received for TCorp for the remaining three months i.e. a modest prediction)  $588,656 (If market volatility continues for the remaining three months and TCorp returns an estimated negative 5%)

The original budget allocation for the financial year “2019/20” was $930,000 with a budget variation in December 2019 increasing to $939,600.

Council currently has $36.363 Million invested:

 $ 2.452 Million with On Call Accounts  $ 26.707 Million on Term Deposits  $ 1.854 Million with TCorp  $ 5.350 Million with Floating Rate Notes

This report details all the investments placed during March and Council funds invested as at 31 March 2020.

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council’s – Investment Policy and Strategy.

Matthew Sykes Responsible Accounting Officer

RECOMMENDATION:

That:

1 The Accountant’s Report on Investments placed to 31 March 2020 be noted.

2 The proposed reduction in the investment income budget of $86,600, being $32,000 for General Fund, $43,800 for Water Fund and $10,800 for Sewer Fund be processed as a budget variation for the March 2020 Quarterly Budget Review.

OPTIONS:

This report is for information only.

DISCUSSION:

This report details all the investments placed during March 2020 and Council funds invested as at 31 March 2020.

CO30042020SR_13.DOCX Page 104 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020

During March Council placed the following investments: Date Amount Period (Days) Institution Accepted With Rate

5.3.20 $1,000,000.00 769 Judo Bank 2.05% 5.3.20 $1,500,000.00 734 Warwick Credit Union 1.75% 27.3.20 $500,000.00 384 ING 1.65%

Council redeemed the following investments in March 2020. Period Institution Amount Rate Interest (Days) Newcastle Permanent Building Society $ 1,500,000.00 1458 3.60% $215,704.00 BankWest - On Call Funds $ 1,008,649.12

For further information and graphs the Monthly Investment Report by Imperium Markets for 01/03/2020 to 31/03/2020 is attached.

Detailed below are the following report and graphs:

1 Investments Held 2 Performance 3 On/Call and Floating Rate TD/Notes & Long Term Investments (Monthly Index) 4 Term Deposits (Monthly Index) 5 Monthly Investments Revenue Earned

1 Investments Held Investments held Date Period Maturity Interest for Interest Due Institution Amount Interest Invested (Days) Date month at maturity AMP BBB+ $1,000,000.00 21/09/18 734 24/09/20 2,420.55 2.85% $ 57,312.33 AMP BBB+ $1,100,000.00 27/06/18 728 24/06/20 2,756.03 2.95% $ 64,722.19 AMP BBB+ $1,000,000.00 12/07/18 728 09/07/20 2,505.48 2.95% $ 58,838.36 AMP BBB+ $1,000,000.00 14/03/19 728 11/03/21 2,335.62 2.75% $ 54,849.32 AMP-31-Day Notice account BBB+ $732,800.97 29/02/20 31 31/03/20 964.69 1.55% $ 964.69 Auswide Bank BBB $1,000,000.00 04/07/19 735 08/07/21 1,741.10 2.05% $ 41,280.82 Australian Military Bank BBB+ $500,000.00 05/11/19 736 10/11/21 743.15 1.75% $ 17,643.84 Bank of Qld BBB+ $500,000.00 25/11/16 1461 25/11/20 1,486.30 3.50% $ 70,047.95 Bank of Qld BBB+ $1,500,000.00 20/06/19 1096 20/06/22 2,739.04 2.15% $ 96,838.36 Bank of Qld BBB+ $1,000,000.00 16/07/19 1108 28/07/22 1,741.10 2.05% $ 62,230.14 Bank of Qld BBB+ $1,000,000.00 27/08/19 1093 24/08/22 1,571.23 1.85% $ 55,398.63 BCCU - (rollover)- Merge with P&N BBB $1,000,000.00 18/07/19 1096 18/07/22 1,953.42 2.30% $ 69,063.01 BCCU - (rollover)- Merge with P&N BBB $743,303.81 25/05/19 1097 26/05/22 1,799.20 2.85% $ 63,668.55 Judo Bank Unrated $1,000,000.00 15/01/20 729 13/01/22 1,783.56 2.10% $ 41,942.47 Judo Bank Unrated $1,000,000.00 05/03/20 769 13/04/22 1,460.27 2.05% $ 43,190.41 IMB BBB $1,100,000.00 04/08/16 1461 04/08/20 1,737.70 1.86% $ 81,896.05 ING Bank (Aust) Ltd A $1,000,000.00 13/02/20 756 10/03/22 1,358.90 1.60% $ 33,139.73 ING Bank (Aust) Ltd A $1,000,000.00 17/12/19 729 15/12/21 1,316.44 1.55% $ 30,957.53 ING Bank (Aust) Ltd A $1,000,000.00 06/02/20 735 10/02/22 1,401.37 1.65% $ 33,226.03 ING Bank (Aust) Ltd A $500,000.00 27/03/20 384 15/04/21 90.41 1.65% $ 8,679.45 NAB AA- $1,200,000.00 11/07/19 287 23/04/20 1,987.40 1.95% $ 18,399.45 NAB AA- $1,052,203.22 08/11/18 1092 04/11/21 2,725.64 3.05% $ 96,012.82 NAB AA- $512,462.88 11/12/19 371 16/12/20 652.86 1.50% $ 7,813.30 Newcastle Permanent Bldg Society BBB $500,000.00 14/02/19 1096 14/02/22 1,295.21 3.05% $ 45,791.78 Police Credit Union Ltd Unrated $500,000.00 19/12/19 364 17/12/20 747.40 1.76% $ 8,775.89 WAW Credit Union Unrated $500,000.00 20/06/19 732 21/06/21 1,019.18 2.40% $ 24,065.75 Warwick Credit Union Unrated $1,500,000.00 05/03/20 734 09/03/22 1,869.86 1.75% $ 52,787.67 Westpac Institutional Bank AA- $500,000.00 31/01/18 1100 04/02/21 1,316.44 3.10% $ 46,712.33 Westpac Institutional Bank AA- $1,000,000.00 19/09/19 732 20/09/21 1,375.89 1.62% $ 32,488.77 Westpac Institutional Bank AA- $500,000.00 10/02/20 1123 09/03/23 789.86 1.86% $ 28,613.42 Westpac Institutional Bank AA- $1,000,000.00 23/10/19 1099 26/10/22 1,358.90 1.60% $ 48,175.34 ANZ (On Call) AA- $1,719,470.86 29/02/20 31 31/03/20 1,162.80 0.55% $ 803.20 NSW Treasury Corp Unrated $1,853,604.27 29/02/20 31 31/03/20 -195,200.24 $ - AMP Bank Limited - Issuer - FRN BBB+ $995,923.00 01/04/19 893 10/09/21 1,767.83 2.09% $ 50,924.95 Heritage Bank - FRN BBB+ $500,936.50 29/03/18 1096 29/03/21 1,038.11 2.44% $ 36,702.04 Members Equity Bank -FRN BBB $647,590.45 18/07/19 1096 18/07/22 1,160.52 2.11% $ 41,029.91 Westpac Bank -FRN AA- $989,773.00 19/06/19 1827 19/06/24 1,832.57 2.18% $ 108,003.49 Newcastle Permanent Building Society -FRN BBB $751,089.75 06/02/18 1826 06/02/23 1,881.84 2.95% $ 110,846.44 Citibank -Issuer -FRN A+ $492,196.50 14/11/19 1827 14/11/24 756.63 1.81% $ 44,592.60 Macquarie Bank -Issuer- FRN A+ $972,013.00 12/02/20 1827 12/02/25 1,419.94 1.72% $ 83,684.73 TOTAL $36,363,368.21 -$135,135.80 $1,872,113.74

CO30042020SR_13.DOCX Page 105 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020

2 Performance

With regards to Council’s Term Deposit portfolio performance – Imperium Markets made the following comment (Nambucca Valley Council Monthly Report – March 2020): “We are pleased to see that Nambucca Valley Council remains amongst the top performing Councils in the state of NSW where deposits are concerned, earning on average, more than $66,000 in additional interest income compared to its peers (as per our January 2020 rankings)….Of the 30 individual deposits Council held, 9 are still yielding higher than 2.50% p.a. That is, around 30% of outstanding deposits held is earning more than 10 times the prevailing cash rate of 0.25%. This will anchor future returns and will help mitigate the rapid fall in interest income from deposits should the RBA continue its easing cycle….”

Despite T-Corp’s volatility over the past 2-3 years and the reduction of $195,200 in March 2020 performance, T-Corp continues to be the best performing investment over the longer term (see also full comments from Imperium Markets on page 6 of the Nambucca Valley Council Monthly Report – March 2020).

“The T-CorpIM Growth Fund was the biggest detractor to performance this month, returning -9.53% (net actual) as shares were severely sold off globally due to the widespread economic impact from COVID-19. Despite the volatility experienced over the past 2-3 years, it continues to be best performing asset over longer-term timeframes. Over the past 12 months, the total portfolio (excluding cash) returned +2.61% p.a., outperforming bank bills by 1.38% p.a.”

Quote from TCorp – Monthly Economic Report – March 2020: “The economic impacts of COVID-19 are uncertain and will take an extended period to materialise and understand. Financial markets have reacted to the developments of the virus itself, the rapid and significant policy action taken by governments and the outbreak of an oil price disagreement, which has seen the oil price plummet. As anticipated in our unitholder conference calls on 25 March and our Thursday Market updates, the returns for the TCorpIM funds for March are negative. TCorp continues to actively manage your funds to maintain exposures within appropriate ranges and risk parameters, while being mindful of increased transitions costs and reduced liquidity in some markets. The Medium Term Growth and Long Term Growth Funds are diversified across a number of different asset classes that have differing risk and return characteristics. While the more-volatile listed equity asset

CO30042020SR_13.DOCX Page 106 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020 classes are the largest contributor to the total risk of these funds, the declines in the values of the funds have been significantly less than the losses experienced in the equity markets. TCorp notes that longer term performance has been positive and in excess of fund objectives. TCorp continues to monitor the evolution of market conditions and will take advantage of opportunities as they arise.”

3 Floating Rate TD/Notes (Monthly Index)

Floating Rate T/D/Notes (Monthly Index) AusBond Bank Bill Index - March 2020 - 1.23%

4.00% 3.75% 3.50% 3.25% 3.00% 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25%

Interest Rates Interest 1.00% 0.75% 0.50% 0.25% 0.00%

CO30042020SR_13.DOCX Page 107 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020

4 Term Deposits – (Yearly Index) Term Deposits - (Yearly Index) AusBond Bank Bill Index - March 2020 - 1.23%

4.00% 3.75% 3.50% 3.25% 3.00% 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25% 1.00% 0.75% Interest Rates Interest 0.50% 0.25% 0.00%

Institutions

5 Monthly Investments Revenue

Monthly Investments Result 2019/2020 2018/2019

$300,000.00

$250,000.00

$200,000.00

$150,000.00

$100,000.00 $'s $50,000.00

$0.00 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 -$50,000.00

-$100,000.00

-$150,000.00 Period

CO30042020SR_13.DOCX Page 108 of 151 Ordinary Council Meeting 30 April 2020

ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020

CONSULTATION:

Imperium Markets

(Warwick Credit Union) – They are an unrated small community owned Credit Union with an excellent reputation throughout the Credit Union industry and the local region. Warwick Credit Union was formed back in 1970 to provide a financial service which would benefit the average person and retain money in, and for the benefit of the community.

(Judo Bank) – (comment from Imperium Markets –Michael Chandra):

“With regards to the market, it is becoming fairly difficult to maintain yield out there with interest rates down to 0.50% in Australia and likely down another 25bp (to 0.25%) next month. 10-year government bond yields are down to below 0.7%, so expect a pro-longed low interest rate environment. The biggest threat to Council is not the potential loss of capital when investing in deposits with ADIs regulated by APRA, it’s the continual and rapid erosion of interest income which we are currently experiencing.

Having said that, given their relatively short history, after today's additional $1m deposit with Judo Bank (unrated ADI) for 2 years at 2.05% p.a. (annual interest), we would not recommend placing any additional funds with them given they account for around 5.5% of Council's total investment portfolio.”

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

The biggest risk that the investment portfolio may experience in relation to its term deposit holdings is not credit risk, but has been and will continue to be reinvestment/rollover risk i.e. the risk that reinvested term deposits will be at lower interest rates than the initial investment. This risk may be offset by improved performance of other asset classes held within the investment portfolio but Council may not see this until after the termination of COVID-19.

Council is continuing to monitor the overexposure of BBB rated investments and taking measures by redeeming them as they mature e.g. redeeming the Newcastle Permanent Building Society Term Deposit for $1.5 Million in March 2020.

Volatility in the market because of the concerns with the RBA’s emergency rate cut in mid-March to 0.25%, and the global key risk of the impact of ongoing repercussions caused by the COVID-19 pandemic may see Council experience some adverse returns.

Comment– Imperium Markets – Weekly Market Update – 27 March 2020

“We remind investors that APRA’s mandate is to “protect depositors” and provide “financial stability”. The biggest single risk that depositors face (senior-ranked assets, lowest risk in the capital structure) in the current low interest rate environment is not the loss of capital or credit risk, but reinvestment/interest risk.

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ITEM 10.5 INVESTMENT REPORT TO 31 MARCH 2020

For depositors, in the immediate future, we would argue that there is a higher chance of negative interest rates being offered to investors compared to the possibility of outright defaults when investing in bank deposits issued by ADIs regulated by APRA.”

“With official rates at 0.25% and the RBA announcing unconventional policies, interest rates are not expected to move from their current policy setting, although there is the possibility for the RBA to cut in smaller increments (less than 25bp) or adopting negative rates if the global economy continues to deteriorate rapidly”.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The anticipated return on investments from 1 July 2019 to 30 June 2020 is $853,027(if no income is received for TCorp for the remaining three months- a modest prediction). A reduction of the investment income budget of $86,600 is required for the March 2020 Quarterly Budget Review to reflect the updated anticipated investment return for 2019/20. This will be split $32,000 to General Fund, $43,800 to Water Fund and $10,800 to Sewer Fund based on the budget split of investment income in the original budget.

Source of fund and any variance to working funds

$32,000 reduction in the investment income budget for General Fund proposed for the March 2020 Quarterly Budget Review will negatively impact working funds.

Service level changes and resourcing/staff implications

There are no changes or implications stemming from this report.

ATTACHMENTS: 1 14628/2020 - Nambucca Valley Council_Reporting Pack_Mar 2020 2 14629/2020 - Nambucca_Monthly Report_March 2020

CO30042020SR_13.DOCX Page 110 of 151 Ordinary Council Meeting 30 April 2020

CORPORATE SERVICES

ITEM 10.6 SF1120 300420 GRANT APPLICATION STATUS REPORT

AUTHOR/ENQUIRIES: Teresa Boorer, Grants Officer

Summary:

This report provides an overview of grant applications and their status for the quarter ended 31 March 2020.

RECOMMENDATION:

That Council receive the list of grant applications including active projects, successful and unsuccessful applications, and undetermined applications, for the quarter ended 31 March 2020.

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS):

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Office of Environment and Heritage $69,200 $59,200 #2015-16-CM-0024 - Scotts Head Headland Coastal Management (Environmental Coastal Hazard Reduction (Work Order 2677) Levy); $25,000 **Project is nearing completion and (NSW Coastal financials will be finally reported upon Holiday Parks Trust – in-kind); completion of the project. Extra delays $10,000 (Local due to COVID-19 – so this is expected by Land Services – 30/06/2020 - will be included in the next committed to quarterly Grants Report;** this project) NSW Boating Now ROUND 1 (2015- MN-18: Upgrade boat ramp & car park at 2017) – RMS – 6 Projects (5 now $336,508 $479,060 Gordon Park, Nambucca Heads (Work Order completed): (NVC) 2411) **Ministerial response received and Gordon Park – MN-18 – started works still progressing;** January 2016

Coastal & Estuary Grants Program $207,500 $207,500 #2016-17-CEI-0017 - Nambucca Valley 2016-2017 (NVC) Council – Stage 2 Nambucca Heads Surf Closed 18 August 2016 – advised Lifesaving Club protection (Work Order 2854) successful 14 March 2017 $47,121.50 $47,121.50 **Project designs and surveys complete (NVC) and acquittal submitted in keeping with CSPNR report to Council – reduced and reallocated;**

Floodplain Management Program $37,333.33 $18,666.67 #2017-18-FM-0089 - Installation of radio 2017-18 (NVC) telemetry on two flood gauges in the Closed 27 April 2017 Nambucca River (Work Order 1970) **Project completed and acquittal submitted in February 2020 - accepted;**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Stronger Country Communities Fund $130,950 $74,400 Nambucca Valley Council – Bowraville (SCCF) (NVC cash & Connections – Amenities Upgrade, BBQ Area Closed 9 August 2017 in-kind) and Connecting Path – SCCF1A-0068 (Work Order 3271) **Applied for a further extension on 20/12/2019 – requested extension to complete project to 30/04/2020 with Final Acquittal due 31/05/2020 – approved by Funding Body; Assets Team have advised works will not be completed now until June, so further extension/variation needs to be applied for – contact to be made with GMO;** Coastal & Estuary Grants Program – $25,000 $27,000 #2016-17-CEMP-0013 - Transition of Coastal 2016-17 – Planning Funding (NVC cash & Zone Management Plan & Estuary Closed 30/06/2017 – advised in-kind) Management Plan to a Coastal Management successful 2 June 2017 Plan to support estuary management actions (Work Order 3111) **Ongoing – current pause in progress;**

2017/18 & 2018/19 Walking & $2,185,694 $0 Cycleway – 4.25km – Florence Wilmont Drive Cycling Programs – RMS – Priority Allocated to Nursery Road, North Macksville (Work Cycleways $1,000,000 Order 3262) Nominations Closed 20 October 2017 for 17/18 & **Construction underway;** 18/19 years, and can “unlock” balance if adhere to all relevant guidelines NSW Boating Now - Round 2 $90,000 $85,000 #MN2-10 - Weir Reserve Boat Ramp and Closed 20 August 2017 (NVC Cash Amenities Upgrade, South Pacific Drive, Scotts & in-kind) Head (Work Order 3256) **Crown approval December 2019; Boat ramp and bank stabilisation works completed; Rock bollards in places; Further works to be carried out after assessment by Assets Team;** NSW Boating Now - Round 2 $122,000 $110,000 #MN2-09 - Gumma Reserve Amenities and Closed 20 August 2017 (NVC Cash Trailer Parking Improvements, 197 Boulton’s & in-kind) Crossing Road, Gumma (Work Order 3255) **NPWS approved the REF for bank treatments; Currently seeking quotes from soil conservationists and other parties;** NSW Boating Now - Round 2 $70,000 $0 #MN2-08 - Devil's Elbow and Grassy Park Closed 20 August 2017 Passive Launching Area and Canoe Trail (Work Order 3254) **Crown approval received December 2019; Works scheduled to commence in April 2020; Kayak Trails booklet completed;**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Heritage Near Me – Local Strategic $100,000 $192,917 – Macksville Bridge – Brightening the future, Projects – submitted on 17/11/2017 (NVC) highlighting our heritage (Lighting for Macksville Bridge) (Work Order 3403) **Entrance space works undertaken; Extension granted until end of June 2020; Lights purchased and works due to commence from week starting 18/05/2020;** Recreational Fishing Trust – $10,000 $5,250 (NVC #SS035 - Installation of Disabled Accessible 2017/2018 - Small Grants in kind) Fish Cleaning table – Stuart Island, Nambucca Closed on 24/11/2017 Heads (Work Order 3414) **Project very near completion – final report, invoice and acquittal to be done;** Recreational Fishing Trust – $10,000 $5,250 (NVC #SS034 - Installation of Disabled Accessible 2017/2018 – Small Grants in kind) Fish Cleaning table – Gordon Park, Nambucca Closed on 24/11/2017 Heads (Work Order 3413) **Project very near completion – final report, invoice and acquittal to be done;** Office of Environment & Heritage – $28,000 $28,000 (NVC #2017-18-CEI-0028 - Improvements to Coastal & Estuary Grants 2017/18 – Seawall at Bellwood, Nambucca Heads Closed 30 January 2018 Environmental reducing future risk (Work Order 3412) Levy) **Design completed & work plan approved by OEH; Crown approval received December 2019; Works to be scheduled to commence; Variation approved for extension of time due to waiting on Crown approval for over 15 months;** ClubGRANTS Category 3 Fund - $165,747 $165,747 Construction of the Phillip Hughes Oval (Work Round 3 2017/2018 (NVC) Order 3402) Closed 19 February 2018 **Project completed – acquittal to be done** Stronger Country Communities Fund $150,000 $50,000 (NVC) Revitalisation and Improvement Program – – Round 2 $150,000 Local Main Streets – SCCF2-0213 (Work Closed 4 May 2018 (Property Order 3419) owners, by **Variation approved – both Milestones 2 application) and 3 now due for completion 31/10/2020 – works underway in several locations; Several DA’s lodged and approved;** Stronger Country Communities Fund $264,180 $0 (NVC) Bowraville Connections – Children’s – Round 2 Playground for Bowraville – SCCF2-0177 Closed 4 May 2018 (Work Order 3418) **Project completed – Variation Request approved - Final Report and Acquittal to be done;** Stronger Country Communities Fund $472,133 $0 (NVC) Revitalisation of V-Wall Precinct – Carpark – Round 2 reconfiguration, open space, improvements Closed 4 May 2018 and place-making – SCCF2-0211 (Work Order 3421) **Detailed designs endorsed; Works have commenced; **Variation requested – approved by Department;** Stronger Country Communities Fund $342,266 $0 (NVC) Upgrade of Phillip Hughes Oval, Macksville – – Round 2 Stage 1 – SCCF2-0214 (Work Order 3402) Closed 4 May 2018 **Project completed – acquittal to be done;**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Stronger Country Communities Fund $391,825 $86,325 Playing Fields and Amenities for urban growth – Round 2 (NVC) area, South Macksville – SCCF2-0215 (Work Closed 4 May 2018 Order 3420) **Have made request to Funding Body regarding complete change to project scope and location – the approved project is not possible – awaiting further advice from Funding Body before moving forward with an alternative project;** Stronger Country Communities Fund $68,298 $0 (NVC) Tennis Court and Facility Improvements and – Round 2 Upgrades – Shire wide – SCCF2-0216 (Work Closed 4 May 2018 Order 3422) **Delays in completion of project; Final works underway on ramp at Macksville tennis club – request for variation again submitted for lighting works at Taylors Arm courts to finalise expenditure for grant – awaiting advice from Grants Management Office; Project due to be completed by 30/04/2020; ** Community Sports Infrastructure $178,379 $178,379 #CSI015612018 - Refurbishment of Macksville Grant funding (NVC) Park Club House to include female facilities and Submitted 14 September 2018 amenities – Stream 2 (Work Order 3428) **Plans have been altered after further discussions with user groups – works not as yet commenced, however quotes being sourced; Email sent to funding body with regard to small change in project scope - some works now involve a new building on site – awaiting advice – Progress Report due to be submitted asap, once queries resolved;** Regional Cultural Fund – Round 2 $1,500,000 $470,326 #RCF18A031 – Extension of the Nambucca Submitted 21 September 2018 (NVC cash) Heads Library and Activation of the Cultural $31,250 Precinct (Work Order 3426 - $50k budget in (NVC in- 2019/20 for costs investigation) kind) ** Architect plans exhibited; Concept Plan endorsed; Architect has commenced development of measured drawings; Community consultation ongoing – regularly reported to Council in accordance with funding milestones;** Foundation Rural Regional Renewal $4,895 $1,500 (In- South Arm Hall – Kitchen Upgrade for increase (FRRR) – Small Grants for Rural kind – in hall function (Work Order 3423) Communities – Round 34 Committee **Funds received; Discussions underway Closed 26 September 2018 of with Committee and Council staff re project Management delivery; Extension granted for completion of ) works due to bushfires – extension granted $1,250 (in- to 30/06/2020** kind – NVC) Be Connected: Building Digital Skills $2,500 $0 (NVC) “Further connections and learning” – Expansion – Round 5 – Good Things of our successful Be Connected Program initially Foundation funded under an Activation Grant (Work Order Submitted 16 November 2018 3269) **Project completed and acquitted**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Growing Local Economies Program $5,000,000 $700,000 Creation of Employment Land - Valla Urban (Restart NSW) (NVC) Growth Area (Work Orders 3489, 2406, and Submitted Business Case on 29 July 3487) 2018 ** Report to Council meeting on 30/04/2020 regarding appointment of Project Manager;**

Everyone Can Play in NSW – $196,218 $25,000 Bowraville Connections: Inclusive Playground for Department of Planning (NVC in- Everyone (Work Order 3418) Closed 21 December 2018 kind) **Project completed – acquittal to be done;** $264,180 (SCCF R2) Building Better Regions Fund – $496,280 $687,776 #BBRF73602 - Installation of Water & Sewerage Infrastructure Projects Stream (NVC) infrastructure to service the new Macksville Closed 15 November 2018 Hospital site (Work Orders 3242 & 3243) **Works completed – BBRF Events form submitted; Final Report approved and payment received January 2020;** Regional Sports Infrastructure Fund – $3,000,000 $700,000 NAMBUCCA VALLEY CONNECTED – Sharing Office of Sport & Recreation - (NVC); Sport Throughout the Region (Work Order to Be Submitted 4 May 2018 $331,000 Advised) (previously awarded **Funding will not be made available for this grant funds); project until 2021/2022 as advised by NSW $648,500 (in- Government** kind); $50,000 **Council made an offer of matching funding for (Contributions release of $25,000 to get the planning for the from sporting project underway in October 2019 – to date no clubs & Sec advice if money will be allocated for this 355 process** Committee of Management) **No further advice on this project to date**

Bridges Renewal Program – Round 4 $435,215 $435,215 Replacement of Timber Bridge – Fischer’s Bridge, Closed 5 February 2019 (NVC) Tamban (Work Order 3469) **Works have commenced**

Bridges Renewal Program – Round 4 $117,700 $117,700 Replacement of Timber Bridge – Allgomera #2 Closed 5 February 2019 (NVC) Bridge, Allgomera (Work Orders 3470 & 3458) **Bridge construction works completed; Works on bridge approaches still to be completed;;** OEH Local Government Small Heritage $5,500 $5,500 each Nambucca Valley Council Local Heritage Places Grants 2019 - 2021 each year year (NVC) grant - #LG029-19-21SHG013 (Work Order 2267) Closes 8 February 2019 over the 2 financial **Programs for 2019/2020 almost all completed; years Due for acquittal by 15/05/2020 – on track;** (19/20 & 20/21) Saving Our Species – Iconic Koala $30,000 $0 Tender_2410 - #2019 (Work Order 3424) Project **Have called for quotes for preparation of Offer received February 2020 Strategy; Field Day postponed due to COVID- 19;**

Office of Environment & Heritage – $40,370 $40,370 #2018-19-CEI-0016 - Scotts Head Outer Seawall Coastal & Estuary Grants 2018/19 – (NVC – Replacement (Work Order 3495) Implementation Stream Environmenta **Planning has commenced; DPIE has granted 6 Closed 10 December 2018 l Levy) months extension due to COVID-19;**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS Community Commemorative Grants $2,050 $698.75 #4-C7GLZU4 - Saluting their service – Eungai Closed 26 March 2019 (Eungai Hall District Honour Board (Work Order To Be Committee of Advised) Management) **Committee of Management are yet to start on this project** My Community Project $115,683 $0 Ball Play at Valla Beach (Work Order 3506) Awarded funding after Public Vote (Installation of Basketball/Netball Courts at Anderson Park, Valla Beach) **Project almost completed; Signage to be installed and acquittal to be done;** 2019 Rural and Regional Youth $1,500 $0 FACS is offering funding as a contribution Participation Initiative funding towards cost of staging additional local youth Application & Acceptance submitted participation projects - Submission 15/05/2019 – Closing date 15/05/2019 Number: RRYP19 - 071 (Work Order To Be Advised) **Acquittal completed by 31/01/2020;** Department of Veterans Affairs – $1,800 $0 (We’re Here Printing of We’re Here brochures for distribution Miscellaneous Grant funding Committee of (GL Account 3810.440) Management) **Project completed – final report submitted & accepted** Department of Planning, Industry & $3,000,000 As per Growing Valla Employment Lands (Work Order 2406) Environment Local **Funding Deed signed and returned (additional election promise) Economies 20/09/2019** Program (Restart NSW). Community Development Grants $3,200,000 As per Growing #CDG1219 (Work Order To Be Advised) Programme – (Federal) Local Valla Employment Lands Redevelopment Project Economies **Letter of approved funding received on Program 27/09/2019** (Restart NSW). Crown Reserves Improvement Fund $33,000 $25,000 (NVC Upgrade of Goanna Walking Trail – R755562 Program 2019-20 $20,000 , NVC (CRIFP #190026) (Work Order to Be Advised) In Kind $5,000 **Draft REF completed – sent to NSW Lands – [19/20]) Council for endorsement;** $5,000 (Reflections Holiday Park)

Infrastructure Grants Fund – Office of $109,604 $109,604 (NVC The construction of the Dawkins Park Responsible Gambling, NSW cash – [19/20]) Cultural/Environmental Learning Precinct (ID# A- $25,000 (NSW 2298457234) (Work Order 3521) Forestry **Planning underway; Have engaged Engineer Corporation – to prepare structural detail for jetty;** timber)

Increasing Resilience to Climate $95,000 NVC $51,000 Learning about Climate Change through public Change Program (NVC cash spaces – The Dawkins Park Reserve Project ($44,000 and (Work Order 3522) in-kind $7,000) **Comet Windmills engaged and construction – [19/20]) and of windmill commenced; Education Other In Kind component of project currently on-hold due to $7,762 COVID-19;**

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (ACTIVE PROJECTS): (continued)

GRANT PROGRAM FUNDING AMOUNT DESCRIPTION AMOUNT COUNCIL & OTHERS National Youth Week 2020 funding $1,887 + $1,487 + NSW Youth Week 2020 – 1/04/2020 to 9/04/2020 (includes (matching - Submission Number: YW2020 - 114 (Work new rural funding) Order 1093) /remote **All Youth Week activities postponed due to subsidy of COVID-19; Future dates at this stage $400) unknown;**

NSW Government’s Critical Drought $2,000,000 $0 Nambucca Drought Response – Project Initiative Package #DWS057 – Installation of Emergency Water Treatment (disinfection) (Work Order to be advised)

SUCCESSFUL GRANT APPLICATIONS (THIS PERIOD):

GRANT PROGRAM AMOUNT AMOUNT – DESCRIPTION COUNCIL & OTHERS 2019 Volunteer Museum Grant $2,000 $1,350 ($100 cash Envisioning the Past – Pioneer Cottage Program Committee of Interpretive Panel Management; $1,250 in-kind NVC) Recreational Fishing Trusts – Habitat $40,000 $48,275 (NVC Riverbank Restoration, Riparian Fencing and Action Grants Cash 19/20 protection of wetlands – Congarinni North $45,825 and (Jacaranda Lodge site) $2,450 in-kind) Recreational Fishing Trusts – Habitat $21,532 $22,674 (NVC Protecting Fish Habitat at Welsh’s Pioneer Action Grants Cash [WO#3436 – Park 19/20] $20,434 and $2,240 in-kind from Committee of Management) Community Building Partnership Grant $60,185 $2,000 (Bowraville Making the Bowraville Historical Theatre safe funding $21,380 Arts Council) and accessible for all – CBP19-3099 (Council Only partially funded supported application as owner of property) – Chair lift to stage only Stronger Country Communities Fund – $94,500 $8,250 (NVC in- #SCCF3-0791 Round 3 kind) Bowraville tennis court refurbishment completion – bleachers, retaining wall, lighting upgrade, fencing and resurfacing Stronger Country Communities Fund – $550,395 $3,750 (NVC in- #SCCF3-1085 Round 3 kind) Upgrade Macksville Memorial Aquatic & Fitness Centre - Stage 1: Heating 50m outdoor swimming pool Stronger Country Communities Fund – $60,375 $6,625 (NVC in- #SCCF3-1294 Round 3 kind) Seating and landscaping for new all-purpose Only partially funded $40,231 $20,144 (shortfall courts at Anderson Park, Valla Beach given lesser funding + $6,625 NVC in-kind) Stronger Country Communities Fund – $55,650 $6,400 (NVC in- #SCCF3-1706 Round 3 kind) Half-Court Basketball for the Nambucca River foreshore at Bellwood Park Coastal Estuary Grants Program $170,250 $170,250 (NVC) Upgrade of Beach Access Ways and Footbridge at Hyland Park

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUCCESSFUL GRANT APPLICATIONS (THIS PERIOD): (continued)

GRANT PROGRAM AMOUNT AMOUNT – DESCRIPTION COUNCIL & OTHERS Stronger Communities Grants – $6,900 $6,900 (Valla Hall Valla Public Hall – construction of storage Federal Committee of shed and painting Management – cash and in-kind) Bushfire Community Resilience and $250,000 $6,250 (NVC in- NVC – Application #BCRERF1-008 - Economic Recovery Fund – Phase 1 kind) “Nambucca Valley Resilience and Readiness Program”

North Coast Weeds Action Plan $68,751 $0 NVC allocation for 2019/2020 plus an (WAP) – 2019/2020 additional amount of $10,000, as approved, by LLS Local Sports Defibrillator Grant $1,250 $1,250 (Off-Shore Worked with and submitted on behalf of Program Fishing Club Nambucca Heads Offshore Fishing Club – Closed 14 February 2020 contribution) Defibrillator to be stored in Shelly Beach shed (NVC owned building) Financial Support for Bushfire $1,416,667 $0 Allocation of funding to Nambucca Valley Affected Communities Council from Bushfire Recovery Agency (Several Work Orders created, including 3524, 3525 and 3526)

APPLICATIONS MADE BUT NOT YET DETERMINED:

GRANT PROGRAM AMOUNT AMOUNT - PROJECT NAME COUNCIL & OTHERS Country Passenger Transport $11,000 $20,000 (NVC New Bus Stop installation at Eungai Creek Infrastructure Grant Scheme cash – [19/20]) Application Number: 2019/2111 CPTIGS Closed 30 September 2019

Public Library Infrastructure Grants $393,293 $550,000 A contemporary fit-out for the future – Nambucca 2019/20 ($50,000 in- Heads Library Closed 9 November 2019 kind and $500,000 cash previously committed to upgrade of Nambucca Heads Library precinct – RCF approved project) Fixing Local Roads Program – Round 1 $77,700 $25,900 (NVC) Priority #1 of 6 – Upper Warrell Creek Road Closed 2 December 2019

Fixing Local Roads Program – Round 1 $270,000 $90,000 (NVC) Priority #2 of 6 – Tilly Willy Street Closed 2 December 2019

Fixing Local Roads Program – Round 1 $157,500 $52,500 (NVC) Priority #3 of 6 – Wellington Drive Closed 2 December 2019

Fixing Local Roads Program – Round 1 $257,400 $85,800 (NVC) Priority #4 of 6 – Old Coast Road Closed 2 December 2019

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

APPLICATIONS MADE BUT NOT YET DETERMINED: (continued)

GRANT PROGRAM AMOUNT AMOUNT - PROJECT NAME COUNCIL & OTHERS Fixing Local Roads Program – Round 1 $316,800 $105,600 Priority #5 of 6 – Boulton’s Crossing Road Closed 2 December 2019 (NVC)

Fixing Local Roads Program – Round 1 $18,750 $6,250 (NVC) Priority #6 of 6 –Creek Street Closed 2 December 2019

2020/21 Walking & Cycling Programs – $22,900 $0 Submission number is 582989886 - upgrade of RMS Wallace Street, Macksville Pedestrian Crossing Submissions Closed 21 February 2020 near school 2020/21 Walking & Cycling Programs – $46,000 $2,000 Submission number is 583018827 - upgrade of RMS Scotts Head footpaths Submissions Closed 21 February 2020 Coastal & Estuary Grants Program – $357,218 $60,000 (NVC) Responding to Bushfire Affected Waterways in Bushfire Affected Coastal Waterways $4,000 (NVLC) the Nambucca Valley – Project to span over three Closed 28 February 2020 (3) years

CASH VALUES RELATING TO UNDETERMINED APPLICATIONS:

Allocation / Details Amount $ Notes

NVC Cash Contribution (in 19/20 Budget) $ 520,000 Allocation in 19/20 budget – some funds noted twice – depends on result of funding applications

NVC Cash Contribution (not in 19/20 Budget) $ 428,050 Some money can be allocated in 20/21 budget, if applications successful

TOTAL NVC CASH CONTRIBUTION $ 948,050 (this does not include in-kind)

TOTAL VALUE OF FUNDS APPLIED FOR IN $1,928,561 UNDETERMINED GRANT APPLICATIONS

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

UNSUCCESSFUL APPLICATIONS IN THIS PERIOD:

GRANT PROGRAM AMOUNT AMOUNT - PROJECT NAME & REASON FOR COUNCIL & BEING DETERMINED AS OTHERS UNSUCCESSFUL (IF KNOWN) 2019/2020 Active Walking & Cycling $121,925 $121,925 (NVC) Shared Pathway – 429m – River Street, Programs – RMS Macksville Applications Closed 14 December 2018

2019/2020 Active Walking & Cycling $11,450 $11,450 (NVC) Repair and upgrade of Pedestrian Crossing, Programs – RMS Wallace Street, Macksville – outside Applications Closed 14 December 2018 Macksville Public School

Country Arts Support Program (CASP) $3,000 $3,500 (NVC Embracing Nature and Painting the walls at 2019-20 Cash – [19/20]); our reserve (Eungai Creek) - #CASP20- Closed 29 July 2019 $700 (Committee 00160 of Management Cash); $1,875 (NVC in-kind); $400 (Committee of Management in-kind) Community Building Partnership Grant $11,948 $11,948 NVC / Mary Boulton’s Museum Committee of funding (Committee of Management – Museum Annex: Reading Closed 27 September 2019 Management) Room and Home For Historical Local Newspapers - CBP19 - 1734 Community Building Partnership Grant $50,000 $50,000 (NVC) Healthier pathways for a stronger and more funding connected community – CBP19-2452 Closed 27 September 2019

Stronger Country Communities Fund – $283,750 $0 (NVC) #SCCF3-0320 Round 3 Stage 2 - Revitalisation of short wall day use Closed 27 September 2019 area of V-Wall, Nambucca Head

Stronger Country Communities Fund – $56,000 $3,750 (NVC in- #SCCF3-0774 Round 3 kind) Shade and landscaping for new inclusive and Closed 27 September 2019 accessible playground at Bowraville

Foundation Rural Regional Renewal $9,234 $500 (Cash - Upgrade of Canteen Facilities and planning (FRRR) - Strengthening Rural Unkya Reserve for future extensions for community use Communities – Small & Vital Grants Committee of Closed 24 September 2019 Management) & $875 (NVC in- kind reporting, etc.)

AWARDED GRANT FUNDS COMPARISON (TO DATE):

Financial Year Total $

2017/2018 6,335,361.33 This figure was up to date as of 30/06/2019 – doesn’t include the election promises of $3,000,000 – additional GLE funding - and $3,000,000 for the Regional Sports Infrastructure Fund – Bowraville project – no formal 2018/2019 10,376,696.00 agreements received as at that date

2019/2020 11,347,300.00

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

NOTES:

1 Acquittal completed for Rural & Regional Youth Participation Grant – RRYP19-071;

2 Worked with, and assisted, Nambucca Heads Surf Life Saving Club to submit grant application under Surf Life Saving Facilities Grants Program;

3 Received advice that further Variation Request approved for Round 1 SCCF project being SCCF1A-0068 (Bowraville Connections – Various upgrades) – extension for completion granted to 30/04/2020 – signed, sealed and returned Variation Funding Deed;

4 Received advice that further Variation Request for Milestone dates for two Round 2 SCCF projects being SCCF2-0211 (Revitalisation of the V-Wall) & SCCF2-0213 (Main Streets Improvement Program) approved – signed and returned new revised Variation Funding Deeds;

5 Submitted request to Sport Australia regarding change in scope to Community Infrastructure grant (#CSI015612018) – Upgrade Macksville Park Amenities and Clubhouse – prior to submitting Progress Report #3 – awaiting response;

6 Submitted a further Variation Request for alteration to Milestone 3 condition for SCCF2-0216 – Upgrade of Tennis Facilities at Taylors Arm and Macksville including extension of time for completion and additional use for balance of funding for lighting at Taylors Arm – awaiting response;

7 Liaising with Grants Management Office (GMO) regarding complete change of project for Round 2 SCCF project being SCCF2-0215 (South Macksville Playing Fields) – awaiting advice prior to moving forward with potentially new project for funding;

8 Provided current status list of NSW Government grants to Oxley Electorate office upon request;

9 Received approval for Variation Request for time extension to Round 2 project – SCCF2-0177 – Bowraville Connections: Children’s Playground;

10 Submitted Final Report and Acquittal for Be Connected: Digital Skills Grant;

CONSULTATION:

General Manager Assistant General Manager Corporate Services Chief Financial Officer Manager Community Development Manager Assets Manager Water and Sewerage Manager Infrastructure Services Manager Technical Services Co-Ordinator Strategic Planning & Natural Resources Project Engineer Technical Officer Assets

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ITEM 10.6 GRANT APPLICATION STATUS REPORT

SUSTAINABILITY ASSESSMENT:

Environment

Many of the grant funded projects, and proposed projects, support Council’s continued environmental and sustainability works.

Social

Grant funded Community Infrastructure projects, including upgrade of amenities, parks and playgrounds, will have a positive social impact, both in the short and long-term.

Economic

As per the report

Risk

All submitted applications include Risk Assessments as a part of the application process. Risk Assessments are updated, and adapted to the project schedules, if funding is awarded.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

As per the report.

Working funds – justification for urgency and cumulative impact

As noted in the report.

Service level changes and resourcing/staff implications

There may be some impact on service levels, resourcing and staff if some, or all, of the grant applications currently under assessment, are approved.

ATTACHMENTS: There are no attachments for this report.

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ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.7 SF2390 300420 VARIATION DEED FOR SCCF1A-0068 - UPGRADE OF BOWRAVILLE AMENITIES - APPLICATION OF COUNCIL SEAL

AUTHOR/ENQUIRIES: Teresa Boorer, Grants and Contributions Officer

SUMMARY:

The purpose of this report is for Council’s information only. The signed and sealed Variation Deed for the Round 1 Stronger Country Communities Fund (SCCF) project – number SCCF1A-0068 (Bowraville Connections – Various upgrades) had to be returned to the Grants Management Office, (GMO), signed and sealed, in between the period of Council meetings, to accept the approved Variation which was for a time extension.

The application for a Variation has been previously reported in Council’s quarterly Grants Status report.

RECOMMENDATION:

That Council note the application of Council’s Seal to the approved Variation Deed for Round 1 Stronger Country Communities Fund (SCCF) project number SCCF1A-0068 (Bowraville Connections – Various upgrades), submitted to the Grants Management Office on 31 March 2020 to extend the completion date for this project from 31 December 2019 to 30 April 2020, as it is outside the timeframe for completion of Round 1 SCCF projects (31 December 2019).

OPTIONS:

Nil.

DISCUSSION:

The following is an extract from the ‘Grant Application Status Report’ for the quarter ended 31 December 2019 reported to the 30 January 2020 Council Meeting (Item 10.6) regarding the Variation Requests for SCCF1A-0068:

NOTES:

2 Received advice that Variation Request for Milestone dates for two Round 1 SCCF projects being SCCF1A-0068 (Bowraville Connections – Various upgrades) approved – signed and returned Variation Funding Deed;

15 Submitted Variation Request to Grants Management Office for SCCF1A-0068 for a further time extension;

The history of the dates for the completion of this project are as follows:

 The original date for completion of this project was 31/12/2018.  Council applied for an extension until 31/12/2019 which was approved. All projects were due to be completed for SCCF Round 1 by 31/12/2019  The project was not finished by this new date, so Council had to request another extension for the completion date (to which this report relates) to 30/04/2020.

Due to challenges in sourcing quotes for the project it is now expected that the project will not be finalised until mid-June 2020, thereby requiring Council to lodge a further Variation Deed (which will be done when an updated project plan is provided from the Assets Team to the Grants and Contributions Officer).

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ITEM 10.7 VARIATION DEED FOR SCCF1A-0068 - UPGRADE OF BOWRAVILLE AMENITIES - APPLICATION OF COUNCIL SEAL

CONSULTATION:

General Manger Chief Financial Officer

SUSTAINABILITY ASSESSMENT:

Environment

This will have no implications for the local environment.

Social

The extension of time to complete this Round 1 SCCF project will have a positive impact of the community.

Economic

Nil.

Risk

Nil

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no financial implications on current or future budgets, provided the project is completed within the extended timeframe.

Working funds – justification for urgency and cumulative impact

Nil

Service level changes and resourcing/staff implications

Nil.

ATTACHMENTS: 1 13180/2020 - Variation Deed - SCCF1A-0068 - Bowraville Connections - Amenities Upgrade, BBQ Area and Connecting Path - Stronger Country Communities Fund

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CORPORATE SERVICES

ITEM 10.8 SF251 300420 SCHEDULE OF COUNCIL PUBLIC MEETINGS 2020

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant

SUMMARY:

The following is a schedule of dates for public Council meetings to be held April 2020 to September 2020. The meeting dates may change from to time and this will be recorded in the next available report to Council.

Due to COVID-19 the meeting schedule has been adjusted to have a single monthly meeting on the last Thursday of the month for the time being and noting that the meetings could change as required.

RECOMMENDATION:

That the schedule of dates for April 2020 to September 2020 be noted. MEETING DATE VENUE COMMENCING Council Meeting 30 April Council Chambers 5.30 PM Council Meeting 28 May Council Chambers 5.30 PM Local Traffic Committee 2 June Council Chambers 10.30 AM Access Committee 23 June Council Chambers 2.00 PM Audit, Risk & Improvement C’tee 24 June Council Chambers 2.00 PM Council Meeting 25 June Council Chambers 5.30 PM Access Committee 28 July Council Chambers 2.00 PM Council Meeting 30 July Council Chambers 5.30 PM Local Traffic Committee 4 Aug Council Chambers 10.30 AM Access Committee 25 Aug Council Chambers 2.00 PM Council Meeting 27 Aug Council Chambers 5.30 PM ATTACHMENTS: There are no attachments for this report.

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ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 SF1676 300420 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Matthew Leibrandt, Manager Infrastructure Services

SUMMARY:

At the time of preparing this report the Engineering Services Capital Works budget had an overall Capital Works budget of $11,933,943 at 20 April 2020. The expenditure at 20 April 2020 was $7,645,792 representing 64% of the total allocation.

The total Capital Works budget is $28,583,574. The expenditure at 20 April is $9,983,314 representing 35%. Note that the total Capital Works budget includes the Valla Growth area ($11.2M). On review, this amount will not be fully expended in the 2019/20 financial year and a large portion of this money may need to be allocated across the future years.

The works program has continued to be delivered under a series of very adverse natural disaster conditions that commenced in November 2019 with the fires across the Valley transcending into floods and landslips and more recently the impact of the COVID-19 Pandemic virus. At this point in time it is anticipated that the majority of the works program will be completed (subject to weather) Staff have identified the projects that will either be nearing completion at 30 June or not completed and required to be carried forward into 2020/21 financial year. The Coordinator of Strategic Planning and Natural Resources has provided a separate report to Council within this business paper on projects that will be carried forward under his custodian.

The effect of the COVID-19 Pandemic virus has had a minimal impact on the delivery of the maintenance and capital works program and it is considered to be “works as normal” as far as practicable with a number of initiatives that have been implemented to minimise the impact on staff and adhere to the social distancing requirements.

Where practical, Infrastructure team members undertaking maintenance and constructions activities along with, water and sewerage and Green Space team members have been relocated to other 'base of operations' away from the works depot and additional work vehicles sourced to minimise the number of staff travelling in a vehicle or private travel allowance being paid in accordance with award conditions.

RECOMMENDATION:

1 That Council receive and note the information pertaining to the progress of the 2019/2020 Capital Works Program at 20 April 2020.

2 That Council note the following works will not be completed by 30 June and the expenditure carried forward into 2020/21:

 WO 3431 Macksville Administration Centre Air-conditioning $130,000.  WO 3528 Valla RFS - Add New Bay (RFS funded) remaining unexpended funds at 30 June  WO 3529 Newee Creek RFS - Add New Bay (RFS funded) remaining unexpended funds at 30 June  W3428 Refurb of Macksville Park Clubhouse  WO 3434 Shed for the compactor machine at the waste depot $35,000.  WO 3469 Fischers Bridge remaining unexpended funds at 30 June  W3262 Watt Creek Cycleway remaining unexpended funds at 30 June

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

OPTIONS:

No other options were considered with this report.

DISCUSSION:

A publicly available, rolling update of the progress of Council’s Capital Works Program will be of assistance to the public, Council staff and Councillors in answering enquiries. It will also provide Council management with the opportunity to more proactively review the implementation of the program and potential risks.

Note: That where ‘Construction Works Complete’ is shown, works on the ground have been completed but there are invoices and back office works required to complete the project. Projects remain in ‘Works In Progress’ until these back office works are also completed.

At this stage with the exception of the projects highlighted within the recommendation, the Capital Works Program is on track to be completed by the end of the financial year. However, with the Covid-19 virus outbreak, it is unknown at this stage what effects this may have on the program leading up to 30 June in the event that a potential lockdown is initiated. At the time of writing, measures were being implemented in an attempt to reduce these impacts, by separating works teams and removing contact between them.

Response to the Mayor’s enquiry on the status of various projects:

The Manager Development & Environment has provided the following update as follows:

Shelter at the pound - All of the security upgrades have been completed. The final work remaining is the regrading of the concrete floor of 3 of the dog pens to rectify drainage issues. This is planned to be completed by the end of the financial year.

The Coordinator of Strategic Planning and Natural Resources has provided a more detailed report under separate cover within the business paper on projects under his custodian and the following addressed the enquiry raised by the Mayor as follows:

Devils Elbow and Grassy Park – Crown approval was granted in December 2019 and we have been preparing for works since. Pre-cast boat ramp planks were purchased and works are commencing in mid- May. Works at Grassy Park will progress after the completion of Devils elbow. This aligns with the recent completion of our Kayak Trails booklet also partly funded through the boating now program.

Boat Ramp Weir Reserve - Crown approval was granted in December 2019. Works at the boat ramp and bank stabilisation near the ramp have been completed. Ad hoc vehicle movements through the Crown Land have been eliminated using rock bollards. Quotations are being evaluated on the upgrade to the amenities and may not be completed at by 30 June. Once we have a greater understanding on final cost for the amenities we can organise sealing of the carpark, plus some solar lighting at the ramp.

Fish cleaning Tables Gordon Park and Stuart Island – New fish cleaning tables have been installed at Stuart Island and Gordon Park. Stuart Island is fully complete and operational, Gordon Park is waiting on Water connections.

Macksville Revitalisation – This budget has been made available from S7.12 budgets. Council has progressed with some activities however the majority of the budget has not been committed at this stage. It is intended to deliver additional street trees and seating in the town the centre and other activities from the revitalisation plan. There was some un-certainty in respect to the budget in December 2019 as the income to the S7.12 budget was limited. Since this time there is sufficient income to proceed with the all S7.12 works as proposed – however it is likely this particular project will be carried over to 20/21 period, largely due to other commitments and is unlikely to be delivered this financial year. For instance the Macksville Bridge lighting is taking priority as it is grant funded and is scheduled for works to commence in mid-May, for completion in June.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

V-Wall - Works have commenced at the V-Wall for the establishment of power for lighting and market area as well as the changes to parking. Tenders have been called to complete the works in the open space area. It is intended that this project will be completed by the September school holidays (circumstances permitting). The tender is currently being assessed and is to be presented to Council. The initial cost of work exceeded the budget allocation and some variations are being negotiated with the tenders in an endeavour to meet the allocations.

The Manager Business Development has provided the update as follows:

Gumma Reserve project - All identified works have now been completed which comprised of the installation of a new effluent management system, a new amenities block and part of the embankment restoration. The Coordinator of Strategic Planning and Natural Resources was finalising the bank restoration works and acquitting the grant funding.

Macksville pool improvements program - The works identified within the 19/20 budget have now been completed. The outdoor 50 metre pool has been repaired and painted and the concourse surrounding the 50 metre pool has been resurfaced. The indoor heated pool has been repaired and painted with new 2 Pac resin surface on the entire indoor pool and surrounding edge areas.

Funding has recently been granted for the heating of the 50 metre outdoor pool with works proposed to be undertaken in in the 20/21 financial year. A tender brief and documentation will be prepared in preparation for a tender.

The Coordinator Civic Services has provided the update on the Waste Depot works as follows:

Internal road rehabilitation - A contractor has been engaged to undertake the road rehabilitation works within the waste depot and is scheduled to commence on 25 April whilst the depot is closed for the ANZAC Day public holiday. All works will be completed by the end of the financial year.

Compactor Shed - The waste generated from the recent fires and EPA licencing over the waste depot site has taken precedence. Sourcing of a suitable shed that is mounted on a skid footing to allow it to be moved around the site has also proved difficult. A quotation was sourced from a local supplier, however it is was an unrealistic price that could not be substantiated and further investigation is required to progress the project. At this point in time it is anticipated that the work will not be completed this financial year and it is recommended to defer the work until the 20/21 budget as further funds may be required.

Better Waste and Recycling - Following the approval from the funding authority, Council resolved in November 2019 to place the funding into a restricted reserve to go towards the purchase of a street sweeper.

The Assets Manager and Infrastructure Services Manager have provided the update on the other Capital Works enquiry as follows:

Works in progress:  W1594 Eungai Bus Shelter works are in progress and commenced in late February  W3262 Watt Creek Cycleway works are in progress, stage three relating to property acquisition and construction of final link will not be finalised this financial year noting that the project was held up with the RMS funding agreement  W2118 Kerb &Gutter augmentation  W3135 Heavy Patching Urban Street  W3349 Nth Arm Road Heavy Patching

Works completed:  W3327 Sealing Taylors Arm Road (revote from 19/20) awaiting invoice for payment  W3442 Gregory St Valla Bch reseal awaiting invoice  W3284 revote for the Stormwater River Oak Cres  W3282 revote for the Stormwater Car Park Winifred St  W3478 Stormwater Gordon Park

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Programmed works:  W2285 Loftus Street (East of Lee) Work has not yet commenced, scheduled for the fourth quarter of the financial year.  W2752 Mann Street Nambucca Heads. Work has not yet commenced, scheduled for the fourth quarter of the financial year. Awaiting the supply of UC beams and concrete sleepers for the retaining wall (order has been raised). Road works will follow the installation of the retaining wall.  W3335 Guardrail replacements there was money left over in Guardrail allocation from last year and it had been revoted to replace the handrail on Mattick Bridge.  W3465 Rhones Creek Road gravel resheet - Work has not yet commenced, scheduled for the fourth quarter of the financial year.  W3463 Bakers Creek gravel resheet work has not yet commenced scheduled for the fourth quarter of the financial year.  W3452 Yarrawonga St Rehab - Work has not yet commenced, scheduled for the fourth quarter of the financial year.

Works that are anticipated to be carried forward:  W3428 Refurb of Macksville Park Clubhouse - No work has commenced, staff are experiencing difficulty with the committee and the brief being changed.

The following works formed part of the 19/20 financial year and were completed in last year’s program:  The lighting for Macksville Park and Coronation Park  Kuta Ave Valla Beach  Congarinni Rd South gravel resheet. This was completed prior to the Otta seal.  Pram Ramp Construction and Ridge St fence  Simpsons Ridge Rd

W1569 is a separate budget allocation for Pipes pits and open drains, a drainage pipe has been replaced in Allison Road, other than this, the allocation will fund the over expenditure on the other Stormwater projects and the underground camera monitoring which has commenced on the stormwater infrastructure for condition rating.

NDDR funding:

Three bridges have been funded for replacement under the recent Natural Disaster Declaration pertaining to fires. At the time of preparing this report:

 Murrays Bridge, South Arm Road, South Arm (Replacement with a concrete bridge) has been completed and awaiting the approaches to be finalised.  McDonalds Bridge, McHughes Creek Road, South Arm (Replacement with a concrete bridge) has been completed and awaiting the approaches to be finalised.  Colbs Crossing, McHughes Creek Road, South Arm is being replaced with reinforced concrete pipe culvert (RCP). Work has been let to a contractor in accordance with the NDDR funding guidelines and is yet to commence waiting on the delivery of the RCP’s. An extension of time has been granted to Council until 30 June due to the COVID19 virus impact.

Two bridges sustained fire damage and repairs were funded for:

 Grants Bridge, South Arm (Repair) repairs have been completed.  Parrys Bridge, South Arm (Repair) repairs has been completed.

Approved variations for the 2019/20 financial year at this stage:

December 2019 meeting:

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

 $35,000 being sourced from Working Funds and added to the budget for the Administration carpet WO 1048.  $20,000 being sourced from Working Funds for the damage incurred to the Argents Hill Fire Shed WO 3505.  $8,283 over expenditure on WO3286 Eungai Creek being sourced from the under expenditure on WO 3285 Station Street Eungai Rail.  That $47,227 over expenditure on Lanes Bridge being sourced from Regional Roads Maintenance – Rodeo Drive WO 2849.  That savings on WO 3453 Mahogany Road be used to offset the over expenditures on WO 3323 Short Street ($2,136) and Charlton Street ($4,083).  That Council note the over expenditure on WO 2393 Bellingen Road of $146,106 and that savings from other projects will be identified and reported in the next Capital Works Report. Savings of approximately $50,000 from Ironbark Road, will be one source of additional funding.

January 2020 meeting:

 That Council remove Valla Bridge (WO 3031) from the 2019/20 Works Program and place in 20/21 due to the effect of the November fires impacting on Council’s ability to deliver the Bridge Capital Works Program, which now includes the project management of three destroyed bridges funded under the Natural Disaster Grant Funding.  That the amount of $324,000 of the remaining funds on Valla Bridge (WO 3031) be used to fund the over expenditure in other areas of the works program, noting that $140,000 of Valla Bridge was funded from the Unexpended Loans (Green Bridges) Reserve.  That Council add the following funding to Boardwalk Rehabilitation (WO 2020) noting that the carry forward was not allocated to the 2019/20 budget: o $ 77,325 from DPI Grant (LS029); o $130,000 from Main Beach rock wall (WO 2808); and o $200,011 from Valla Bridge (WO 3031).  That Council allocate the savings from identified works to the over expenditure on Bellingen Road (WO 2393) as follows: o $ 25,457 Ironbark Road (WO 3459); and o $121,463 from the Valla Bridge deferment (WO 3031)

Works update:

Note expenditure is shown in the capital works spread sheet attached to the report:

Work Order Description Status Number Buildings

WO 1220 Headland Museum (Revote 2018/19) Works Completed

WO 3431 Macksville - Administration Centre Air-condition Recommended to be a carried forward into 2020/21 $130,000.00 The Department of Planning and Energy have provided funding for a comprehensive feasibility study on the energy efficient measures for the Administration building that includes lighting, windows, energy generation.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 2790 Environment Levy – Climate Adapt Fund – Solar Works Completed Panels Council Chambers (Revote 2018/19) 2018/19 spend - $58,760.16 2019/20 spend - $25,738.64 Total spend - $84,498.80

WO 1048 Council Chambers Carpet Works Completed Originally this project was to be completed in stages and the replace of the carpet was to be carpet tiles, in an effort to reduce disruption. A decision was made that the preference was to replace the carpet with Broadloom carpet. This carpet was slightly dearer, but also incurred additional costs for removalists and cabling works.

WO 1045 Office Equipment/Furniture Not commenced as yet Expenditure is scheduled for May /June (Allocation of $6500.00).

WO 1913 Works Depot Improvements (Revote 2018/19 Works in progress $35,653) Manager IT has obtained quotes for the security cameras and it is anticipated they should be completed before the end of financial year. Contractor has been engaged to do the internal road works in the final quarter as part of the road rehabilitation contract works.

WO 3505 Argents Hill Fire Station Roof Replacement Works Completed. The roof was damaged in a storm event early November. The cost for replacement (estimated $20,000) is less than Council’s insurance excess of $25,000. Funding will need to be sourced from Working Funds.

WO 3528 Valla RFS - Add New Bay (RFS funded) This is seed funding provided by the RFS and works are in WO 3529 Newee Creek RFS - Add New Bay (RFS funded) progress with a DA lodged and tender documents being developed to call tenders in 2020/21. The full expenditure will not be realised in 2019/20 and money will be carried forward into the next financial year.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 3530 Eungai RFS - hard Stand Area (RFS funded) Works in Progress, awaiting for a second quotation and works will be completed by end financial year.

Parks and Reserves

WO 3279 Gordon Park Playground Equipment (Revote Works are in Progress. 2018/19)

WO 3278 Valla Beach Reserve Electrical Upgrade (Revote Works are in Progress. 2018/19) The easement has now been completed and electrical works will commence in May and will be completed by 30 June

WO 3273 Scotts Head Tennis Club (Revote 2018/19) Works Completed

WO 3057 Bellwood shelter slab etc. Works Completed

WO 3062 Taylors Arm picnic shelter and septic renewal Shelter has been completed Septic tank is in progress and will be completed by 30 June.

Waste Depot

WO 3433 Road Rehabilitation Work has not yet commenced and is scheduled for the fourth quarter of the financial year in conjunction with works being conducted on Old Coast Road.

WO 3434 Shed for the compactor At this point in time it is anticipated that the work will not be completed this financial year and it is recommended to defer the work until the 20/21 budget as further funds may be required.

WO 2328 Better Waste and Recycling Council resolved to place the funding into a restricted reserve towards the purchase of a street sweeper.

Stormwater

WO 1569 Stormwater Drainage Capital Works in progress Funding used to undertake storm water camera inspections and fund additional expenditure across the other drainage works.

WO 3425 Renewal of Stormwater pipe 2 Stringer Street Programmed for May/June

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 3477 Macksville Industrial Estate First draft report has been received and workshop conducted with Councillors. Waiting on final report with estimated cost of each proposed solution.

WO 3282 Winifred Street Carpark (Revote 2018/19, $29,808) Works completed

WO 3478 Gordon Park Stormwater Upgrade Works Completed

Wo 3284 River Oak Crescent Scotts Head Stormwater Works Completed Drainage Reconstruction (Revote 2018/19, $11,817)

Kerb and Gutter; Bus shelter; guardrail

WO 3285 Station Street Eungai Rail (Revote 2018/19) Works completed

WO 3286 Eungai Creek (Revote 2018/19, $29,832) Works completed

WO 2118 Kerb and gutter Renewal (Replace damaged Kerb Works in progress and will be (2020/21 Rehabs) expended by end of financial year.

WO 3473 Conan Street (Corner of Cook St) Works completed

WO 1594 Eungai Bus Shelter (New) sect 94 (Cnr Hall St) Works completed

WO 3335 Mattick Bridge Guardrail (Revote 2018/19 $17,223) Remaining expenditure from 2019/20 Guardrail replacement program reallocated to these works. Quotation received awaiting availability of the contractor and structural.

Footpaths and Boardwalks

WO 2020 Boardwalk Rehabilitation Works completed

WO 3479 Mann Street (Caltex to Water Tower) Works are in progress with the concrete path now completed and landscaping/backfilling required to complete the works.

WO 3480 Macksville CBD The budget has not been committed at this stage. It is intended to deliver additional street trees and seating in the town the centre and other activities from the revitalisation plan.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 3481 Nambucca CBD Work has not yet commenced, schedule for the fourth quarter of the financial year.

WO 1582 Wellington Drive Footpath Renewal (opp Marcel Work has not yet commenced, Towers) schedule for the fourth quarter of the financial year. Works are in progress, stage WO 3262 Watt Creek Cycleway Construction (Nth Macksville three relating to property to Kingsworth Estate) acquisition and construction of final link will not be finalised this financial year noting that the project was held up with the RMS funding agreement

WO 3071 Conan Street Footpath (Revote 2018/19) Works completed

Bridges and culverts

WO 3476 Culvert Replacements of damaged rural road pipes The Fire and floods has impeded and headwalls these works and will now be completed in May/ June.

WO 3085 Lanes Bridge (Revote 2018/19). Final cost of Works completed Lanes Bridge $1,747,227. It is proposed that the over expenditure of $47,227 be sourced from Regional Roads Maintenance – Rodeo Drive WO 2849

WO 3471 Argues Bridge Works completed

WO 3470 Allgomera No. 2 Bridge Bridge works have been completed, construction of approaches is under a separate WO within roads.

W3472 Stinging Tree Creek Bridge Bridge works have been completed and waiting on approaches to be sealed.

W3469 Fischers Bridge Works are in progress, the piling is anticipated to be completed on or around 29 April. The abutments are scheduled to arrive on site 7/8 May and girders are booked to be lifted into place on 27 May. It is anticipated that bridge will be at practical completion at 30 June requiring the road works to be carried forwarded into 2020/21 financial year.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number Natural disaster funded projects funded under emergency works

Murrays Bridge, South Arm Road, South Arm Works completed- seal to (Replacement with a concrete bridge approaches required McDonalds Bridge, McHughes Creek Road, South Works completed- seal to Arm (Replacement with a concrete bridge) approaches required Colbs Crossing, McHughes Creek Road, South Not commenced- awaiting supply Arm is being replaced with reinforced concrete pipe of RCP’s culvert (RCP)

Urban Streets Reseals

Various WO’s Reseals All urban street reseals have been completed with the exception of Quarry Street which will require additional rehabilitation works under the heavy patching program as portions of the pavement have failed from the recent flooding. Awaiting some outstanding invoices on final works

Urban Street Rehabilitation

WO 3453 Mahogany Road (Palmer Street to Forest Road) Works completed

WO 3452 Yarrawonga Street (Gumma Cl to Centra Pk) Work has not yet commenced, scheduled for the fourth quarter of the financial year.

WO 3323 Short Street Works completed

WO 1409 Charlton Street from Meadow to Bemago (incl. Works completed intersection)

WO 2285 Loftus Street (East of Lee) Scheduled for fourth quarter.

WO 2756 Wallace street – School Crossing Works are subject to grant funding provided by Transport for NSW. Funding has been unsuccessful to date.

Urban Streets Construction

WO 2211 Bowraville Lanes seal – Aston Lane (Revote Works in progress. 2018/19, $10,000)

WO 3474 Intersection of Short and Bellenger (new median Scheduled for fourth quarter.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number (Safety))

WO 3475 Mann Street Ped. Refuge within recent work zone Scheduled for fourth quarter.

WO 3135 Urban Heavy Patching Works in progress

Rural Road Reseal

WO 3456 Boultons Crossing Road (Gumma Rd to end of Works complete, waiting on seal) invoices.

WO 3455 Auld Close Works complete, waiting on invoices.

WO 3327 Taylors Arm Road (Revote 2018/19) Works completed waiting on invoice form contractor

Private works Otta seal on Wards Lane Works completed waiting on invoice from contractor

Rural Road Construction

WO 3459 Ironbark Road Works completed

WO 2393 Bellingen Road (Stage 3 pass the Dairy) Works completed

WO 3497 Florence Wilmont to Rosella connection Works in progress with the bitumen seal to be completed.

WO 3460 Lower Buckrabendinni Road Works are in progress, construction of pavement has been delayed due to wet weather and gravel being saturated.

WO 3461 Mitchells Road Works in progress. Construction of pavement has been delayed due to wet weather and gravel being saturated. A resident has requested that Council defer the bitumen sealing of the road due to her illness until the Covid Virus has passed

WO 3098 Gumma Road Extent of works is dependent on contribution by Pacifico for compensation of the dilapidation of the pavement.

Roads to Recovery Program

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 2752 Mann Street (Palmer to end of cutting (const. joint) Work has not yet commenced, incl. retaining wall) schedule for the fourth quarter of the financial year. Awaiting the supply of UC beams and concrete sleepers for the retaining wall (order has been raised). Contractor has been engaged to complete the earthworks and pavement once the retaining wall has been completed.

WO 3454 Hallidise Street Urban Roads Rehabilitation, Works completed (Liston Street to Raleigh Street)

WO1961 South Pacific Drive Urban Road Rehabilitation Works completed (from beginning as far as budget allows)

WO 3099 North Arm Gravel Resheet (from end of 2018/19 Work has not yet commenced, works as far as budget allows) schedule for the fourth quarter of the financial year.

WO 1467 Coronation Rd (Wilson Road along River Flat Works completed (200m) + isolated areas)

WO 3099 North Arm Gravel Resheet (from end of 2018/19 Work has not yet commenced, works as far as budget allows) schedule for the fourth quarter of the financial year.

WO 3102 Valla Road Gravel Resheeting (Newee creek to Work has not yet commenced, Dam) schedule for the fourth quarter of the financial year.

WO 3462 Soldier Settlers Road Gravel Resheet Works completed

WO 3463 Bakers Creek Road Gravel Resheet (from Work has not yet commenced, beginning as far as budget allows) schedule for the fourth quarter of the financial year.

WO 3464 Lower Buckra Bendinni Rd Gravel Resheet (Far Work has not yet commenced, End) schedule for the fourth quarter of the financial year and will be undertaken in conjunction with the construction works.

Gravel Resheeting

WO 3468 Greenhills Road Work in progress

WO 2859 South Bank (Kesby's to Tamban) Work has not yet commenced, schedule for the fourth quarter of the financial year.

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 1488 Maras Creek Road (from beginning as far as Work has not yet commenced, budget allows) schedule for the fourth quarter of the financial year.

WO 3467 Upper Buckra Bendinni (from beginning as far as Work has not yet commenced, budget allows) schedule for the fourth quarter of the financial year.

WO 3466 Williams Hill Road (south arm road as far as Work has not yet commenced, budget allows) schedule for the fourth quarter of the financial year.

WO 3465 Rhones Ck Rd (Congarini Rd North as far as Works in progress budget allows)

Special Projects

WO 2411 Boating Now Gordon Park Works in progress

WO 2305 Macksville Streetscape Revitalisation Works in progress

WO 2854 Nambucca Heads Surf Club Protection Stage 2 Works in progress (Revote 2018/19)

WO 2160 Animal Shelter Works in progress

WO 3047 Dawkins park Reserve - Drainage Works in progress

WO 3136 Pool Improvements - Program Works completed

WO 1914 Tree Plantings Works in progress

WO 3402 Construction of Phillip Hughes Oval Stage 1 – Club Works completed Grant NSW round 3

WO 3422 Macksville Taylors Arm Tennis Court and Facility Works in progress Improvements

WO 3428 Macksville Park Refurbishment of Club House No works has commenced and will be carried forward into 2020/21

WO 3271 Bowraville Connections Stage 2 - Paths, Works are in progress Landscaping (Revote 2018/19)

WO 3418 Bowraville Connections - New Playground Works are in progress (SCCF2-0177) (Revote 2018/19)

WO 3403 Macksville Bridge Lighting (Revote 2018/19) Works are in progress

WO 3413 Fish cleaning table - Gordon Park Works in progress

WO 3414 Fish cleaning table - Stuart Island Construction Completed

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ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 3421 Revitalisation of V-Wall Precinct (Revote 2018/19 Works in progress

WO 3426 Nambucca Heads Library Extension Preliminary

WO 3254 Devil's Elbow & Grassy Park Passive Launching Preliminary Area & Canoe Trail (Revote 2018/19

WO 1046 Computer Equipment In Progress

WO 3255 Gumma Reserve - Amenities and Trailer Parking Works completed Improvements

WO 3506 Ball Play at Valla Beach (Basketball/Netball courts) Construction works complete for the first stage. An additional grant received for seating drainage and retaining wall

Water

WO 3242 Water Main Services - Macksville Hospital (Revote) Construction Works Complete

WO 3343 Hyland Park Main Replacement Works are programmed for the May/June

WO 3482 Sussex Street Main Replacement Construction Works Complete

WO 3483 Cross connection – Trunk Mains as Tewinga Works completed

WO 3484 Bore Pit Lids Construction Works Complete

WO 3144 Reservoir Improvements - Valla Beach Reservoir Construction Works Complete (Revote 2018/19)

WO 3411 Reservoir Improvements - Scotts Head Reservoir Construction Works Complete (Revote 2018/19

Sewer

WO 3149 Scotts Head PS 4 Replacement/Upgrade Construction Works Complete

WO 3157 Macksville PS 4 Replacement/Upgrade In Progress

WO 3160 Macksville PS 7 Replacement/Upgrade Construction Works Complete

WO 3200 Sewer Main Relining Construction Works Complete

WO 3488 Nambucca STP – Upgrade and Renewals In Progress

WO 3489 Valla Growth Area Pressure Sewerage In Progress

WO 3243 Infrastructure to new Hospital Construction Works Complete

WO 3189 Nambucca Heads PS 3 Replacement/Upgrade In Progress

CO30042020SR_5.DOCX Page 139 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Work Order Description Status Number WO 3193 Nambucca Heads PS 7 Replacement/Upgrade In Progress

WO 3196 Nambucca Heads PS 10 Replacement/Upgrade In Progress

WO 3492 Nambucca Heads Sewer Replacement Construction Works Complete

WO 2352 Bowraville ST – Upgrade of recycled water system Construction Works Complete

Plant Replacement

P# 5201 Excavator Bridge Crew (Revote 2018/19) Complete

P# 5153 Float (Revote 2018/19) Complete

P# 5682 Passenger Vehicle (M. Dev. and Env.) Complete

P# 5672 Passenger Vehicle (Des. Eng.) Complete

P# 5642 Passenger Vehicle (Civ. Serv. Co.) Complete Complete P# 5774 Passenger Vehicle (M. Com. Dev.) Complete P# 5901 Utility 2WD (Stores.) Complete P# 5981 Utility 2WD - Town Services + Custom Toolbox

P# 5117 Rear Loading Garbage Compactor Delivered. Old compactor temporarily held onto due to uncertainty regarding COVID 19.

P# 5991 Small Truck - Town Services Complete

P# 5881 Utility 4WD Complete

P# 6020 Utility 2WD – Single Cab Complete

P# 6030 Utility 2WD - Extra Cab Complete

P# 5901 Utility 2WD - Construction Complete

P# 5804 Utility 4WD (Roads Co.) Complete

New Ride-on Lawn Mower Complete

P# 5890 Van LWB (Electrician) Complete

CONSULTATION:

Water and Sewerage Engineer Manager Infrastructure Services Manager Assets Manager Technical Services Manager Business Development

CO30042020SR_5.DOCX Page 140 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.1 2019-20 CAPITAL WORKS PROGRAM MONTHLY REPORT APRIL

Finance staff Engineering Services staff Coordinators at the Works Depot Coordinator of Strategic Planning and Natural Resources

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues associated with this report. Review of Environmental Factors have been undertaken for projects where required.

Social

There are no social issues associated with this report.

Economic

There are no economic issues associated with this report.

Risk

There are no direct risk issues associated with this report, the risk in delivering the program are external factors encompassing suppliers and weather.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no direct impact on the current budgets with the other expenditures, as they will be funded from savings within other capital works that are funded within the adopted 2019/20 budget.

Source of fund and any variance to working funds

At the time of this report there have been $19,640,809 added as variations to the capital works which includes the $11.2M for the Valla Growth Area. These variations are attributed to revotes, approved variations reported in 2019/20, or additions to the approved budget by successful grant applications.

Service level changes and resourcing/staff implications

There is no additional staff resources required to prepare the report.

ATTACHMENTS: 1 16644/2020 - Capital Works Program 2019-20 as at 22 April 2020

CO30042020SR_5.DOCX Page 141 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.2 SF722 300420 FUNDING FOR DECLARED NATURAL DISASTER EVENT 20 DECEMBER 2018 (AGRN 834)

AUTHOR/ENQUIRIES: Clint Fitzsummons, Manager Assets; Paul Gallagher, Assistant General Manager - Engineering Services

SUMMARY:

The December 2018 wind storm event was declared a Natural Disaster by the State Government which allowed Council to make a claim for emergency repairs to infrastructure. Council has “opted out” under the new funding arrangements and clearing of the debris was undertaken via contractors in accordance with the guidelines.

The total expenditure incurred was $77,214.68 of which, Council is required to pay the first $29,000.00 of the claim under the conditions of funding for Natural Disaster Arrangements.

Advice from the Transport for NSW has was received on 17 March 2020 advising that a total agreed Council funding allocation of $48,214.68 has been approved for the emergency works across the local network for the March 2017 storm event.

RECOMMENDATION:

1 That Council formally advise Transport for NSW that it accepts the Natural Disaster funding (Ref P0047323) for the amount of $48,214.68 for emergency works performed on the local roads following the December 2018 storm event.

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

OPTIONS:

 Adopt the recommendation and accept the funding offer  Decline the funding offer

DISCUSSION:

Advice from the Transport for NSW has been received that the December 2018 storm event claim was approved for the amount of $48,214.68. Under the conditions of funding for Natural Disaster Arrangements the Council contribution for local road restoration is $29,000 as a one-off cost for the subject event.

CONSULTATION:

Transport for NSW General Manager Manager Assets Manager Infrastructure Services Roads Coordinator

CO30042020SR_8.DOCX Page 142 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.2 FUNDING FOR DECLARED NATURAL DISASTER EVENT 20 DECEMBER 2018 (AGRN 834)

SUSTAINABILITY ASSESSMENT:

Environment

There were environmental impacts associated with the storm event with damage to trees and vegetation and the funding provides for the emergency repairs to clear the debris following the-storm event.

Social

There are potential social implications associated with the damage to road with fallen or dangerous trees.

Economic

There are potential economic implications to rural residents attributed to the inconvenience of travelling on dangerous roads; the funding provided under the grant facilitates funding for the emergency clean-up of tree debris following the-storm event.

Risk

There is a potential risk to the public travelling with dangerous trees after the storm event

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

A variation is required from working funds for the amount $29,000 being Council’s contribution towards the local roads restoration works.

A variation is required to acknowledge the receipt of $48,214.68 as payment towards the emergency works.

Source of fund and any variance to working funds

Work was undertaken primarily by contractors in accordance with the conditions of funding for Natural Disaster Arrangements.

Service level changes and resourcing/staff implications

There are no service level changes.

ATTACHMENTS: 1 16821/2020 - Agreed Funding Schedule (3) AGRN 834

CO30042020SR_8.DOCX Page 143 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.3 SF931 300420 TENDER REGPRO032021 FOR THE SUPPLY AND DELIVERY OF TRAFFIC AND SAFETY SIGNAGE

AUTHOR/ENQUIRIES: Clint Fitzsummons, Manager Assets; Paul Gallagher, Assistant General Manager - Engineering Services

Summary:

Regional Procurement conducted an open panel source tender for the supply and delivery of traffic and safety signage for a number of councils on the Mid North Coast including Armidale Regional, Walcha, Liverpool Plains and Kyogle councils in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

A tender is required as the expense of the purchase of products is anticipated to exceed the statutory tender limit of $150,000 over the term of the contract. There is an economical outcome on the unit purchase price based on quantity of the product associated with a joint focused tender.

Tenders closed at 10.00am on the 24 March 2020

The Tender Evaluation Report is attached within the confidential report for the information of Councillors.

That tender provided the opportunity to award the tender as a panel source allowing multiple suppliers to supply the goods to Council. The analysis indicates that there are several suppliers that could be appointed for individual items, however staff have recommended that the tender is awarded as a Single Source supplier to one company based on the economical outcome being more advantageous to Council when compared against the additional staff time and resource required to deal with multiple companies, and the differential in pricing is marginal across the goods and highly dependent on type of sign. The recommended supplier has been the previous suppler to Council for the past three years having provided good service and reliability to council as well as being based on the Mid North Coast.

NOTE: As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

RECOMMENDATION:

1 That Council award the contract for Tender REGPRO032021 for the supply and delivery of traffic and safety signage to Barrier Signs Pty Ltd as a Single Source supplier to Nambucca Valley Council for the period 1 July 2020 to 30 June 2023

2 That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2024.

3 That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of traffic and safety as a panel source tender and Council updates the Contract Register (TRIM: 31325/2016).

OPTIONS:

No other options are considered.

DISCUSSION:

That report indicates that the tenderer/s representing best value be appointed to this contract as the Single Source by Category by Council suppliers. The analysis indicates that several suppliers could be appointed

CO30042020TR_1.DOCX Page 144 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.3 TENDER REGPRO032021 FOR THE SUPPLY AND DELIVERY OF TRAFFIC AND SAFETY SIGNAGE for particular items, in the interest of ensuring value to Council with the limited staff resourcing it has been recommended to let the tender as a sing source supplier. Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

Council signed a letter of participation for this tender.

The tender was advertised in the following media:

• Tenderlink on 03 March 2020; • Armidale Express on 02 March 2020; • Sydney Morning Herald 03 March 2020.

Four (4) Tenders in total were received from the following suppliers:

 Artcraft Pty Ltd  Barrier Signs Pty Ltd  Hunter Valley Signs Pty Ltd  Central Signs Roads and Safety (AUST) Pty Ltd

Nine (9) tender documents were downloaded from the Tenderlink Portal

Probity:

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

Methodology:

The % weightings and criteria were agreed upon by prior to the tender closing as follows.

 75% Tender price  10 % Referees  10% Quality Assurance  5% Ecologically sustainability

Note; Tender Price @ 75% in total with each Category being given an appropriate ‘weighting’ based on volume of usage as follows:

 Calculating the total cost for the supply of a ‘basket of signage’ for each Category  The lowest overall amount was awarded the full Criteria % for this Category  Each subsequent total $ value was then divided into the lowest total amount to obtain a score  An overall Tender Price total value table has been included on page 3 of this Report to show which tenderer has performed best over all Categories combined

The evaluation result was determined by:

CO30042020TR_1.DOCX Page 145 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.3 TENDER REGPRO032021 FOR THE SUPPLY AND DELIVERY OF TRAFFIC AND SAFETY SIGNAGE

 Adding the total value of all items together to determine the lowest overall price.  The lowest overall amount was awarded the full Criteria % for each Category, as shown in the Evaluation Results Table in the attachment within the confidential report.  Each subsequent total $ value was then divided into the lowest total amount to obtain a score.

Other evaluation criteria were evaluated based on the following factors:

 If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the evaluation awarded full marks (5) for that category.  If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the evaluation determined a lower score between 2-4, subject to the evidence in front of them.  If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the evaluation awarded 0 points to the tenderer for that evaluation criteria.

Where “Referees” was included as weighted criteria, each Tenderer’s referees score was calculated by adding the total scores obtained from the Tenderer’s three nominated referees (where each is worth up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix Weighting value (eg 5%).

Note:

 No late tenders were received.  All tenderers had been noted as active on the ASIC website.  Some suppliers did not submit offers for pricing of all categories  No tenders were deemed non-compliant.  Barrier has offered a non-contract discount rate as has Integrity

Contract Duration:

This contract will run from 1 July 2020 to 30 June 2023. A 12 month option may be taken up based on satisfactory performance by the successful tenderer.

Contract Price Variations:

As outlined within the tender evaluation report contained in the confidential report

In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds $150,000 over the term of the contract a council must, by resolution, adopt a report accepting the tender recommendation

CONSULTATION:

Regional Procurement Manager Infrastructure Services Manager Technical Services Manager Assets

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications

CO30042020TR_1.DOCX Page 146 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.3 TENDER REGPRO032021 FOR THE SUPPLY AND DELIVERY OF TRAFFIC AND SAFETY SIGNAGE

Social

There are no social implications

Economic

The tender ensures that Council continues to receive the most competitive price for traffic and safety signage

Risk

The tender process ensures that Council’s procurement practices comply with Local Government regulations.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding for safety and traffic signage is allowed for in current and future budgets

Source of fund and any variance to working funds

Funding will come from working funds.

Service level changes and resourcing/staff implications

There are no implications related to levels of service.

ATTACHMENTS: There are no attachments for this report.

CO30042020TR_1.DOCX Page 147 of 151 Ordinary Council Meeting 30 April 2020

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.4 SF711 300420 TENDER REGPRO022021 FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS

AUTHOR/ENQUIRIES: Richard Spain, Manager Water and Sewerage

SUMMARY:

Regional Procurement conducted an open panel source tender for the supply of Bulk Water Chemicals involving a number of Council’s on the Mid North Coast including other LGA’s of Walcha, Clarence Valley, Liverpool Plains, Queanbeyan-Palerang Regional, Wingecarribee, Gunnedah and Richmond Valley Councils. The tender has been administered by Regional Procurement on behalf of all the Council’s in order to satisfy the requirements of the Local Government Act.

Tenders closed at 10am on 24 March 2020 and seventeen (17) tenders in total were received.

The Tender Evaluation Report is attached within the confidential report for the information of Councillors

RECOMMENDATION:

1 That Council award the contract REGPRO 022021 for the supply and delivery of Bulk Water Treatment Chemicals as a panel source supplier to Nambucca Valley Council for the period 1 July 2020 to 30 June 2023 (3 years) to the following companies:

SCHEDULE PRODUCT DESCRIPTION Tenderer B Aluminium Sulphate (Kgs) Omega Chemicals D (2) Hydrated Lime (Bulk) Ixom E Sodium Hypochlorite 13% Coogee O Sodium Fluoride (Granular) Redox T Carbon Dioxide Bulk BOC

2 That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2024.

3 That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of Bulk Water Treatment Chemicals as a panel source tender and Council updates the Contract Register (TRIM: 31325/2016).

OPTIONS:

No other options are considered

DISCUSSION:

The Tender evaluation Report is included within the confidential report and provides sufficient detail on the tender process and no further discussion is required.

CO30042020SR_32.DOCX Page 148 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.4 TENDER REGPRO022021 FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS

Council signed a letter of participation for this tender.

The tender was advertised in the following media:

 Tenderlink on 03 March 2020;  Gold Coast Bulletin, Coffs Coast Advocate, Southern Highland News and the Northern Daily Leader on 07 March 2020;  Sydney Morning Herald and Tenderlink 03 March 2020.

Nineteen (19) Tenders in total were downloaded from the portal with 17 tenders received from the following suppliers:

BOC Limited Calix Limited Chemiplas Australia Pty Ltd Chemprod Nominees Pty Ltd Grenof Pty Ltd Coogee QCA Pty Ltd Consolidated Chemical Company Fluidra Group Australia Pty Ltd Graymont (Australia) Pty Ltd Colonial Chemicals Australia Pty Ltd Hardman Chemicals Pty Ltd Hyclor Australia Pty Ltd Ixom Operations Pty Ltd Nowra Chemical Manufacturers Phoenix Australia Pty Ltd Redox Pty Ltd SNF Australia

Probity:

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

Methodology:

The % weightings and criteria were agreed upon by prior to the tender closing as follows:

 60% Tender price  10 % Referees  10% Quality Assurance  10% Ecologically sustainability  10% Customer Service

The evaluation result was determined by:

Other evaluation criteria were evaluated based on the following factors:

 If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the evaluation awarded full marks (5) for that category.

CO30042020SR_32.DOCX Page 149 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.4 TENDER REGPRO022021 FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS

 If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the evaluation determined a lower score between 2-4, subject to the evidence in front of them.  If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the evaluation awarded 0 points to the tenderer for that evaluation criteria.

Note:

Contract Duration:

This contract will run from 1 July 2020 to 30 June 2023. A 12 month option may be taken up based on satisfactory performance by the successful tenderer.

Contract Price Variations:

As outlined within the tender evaluation report contained in the confidential report.

CONSULTATION:

Regional Procurement Assistant General Manager - Engineering Services Water and Sewerage Engineer Water Operator

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications

Social

There are no social implications

Economic

The tender ensures that Council continues to receive the most competitive price for the chemicals.

CO30042020SR_32.DOCX Page 150 of 151 Ordinary Council Meeting 30 April 2020

ITEM 11.4 TENDER REGPRO022021 FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS

Risk

The tender process through Regional Procurement ensures that Council’s procurement practices comply with Local Government regulations.

FINANCIAL:

Direct and indirect impact on current and future budgets

Funding for chemical supply is allowed for in current and future budgets

Source of funds and any variance to working funds

Funding will come from working funds.

Service level changes and resourcing/staff implications

There are no implications related to levels of service.

ATTACHMENTS: There are no attachments for this report.

CO30042020SR_32.DOCX Page 151 of 151