NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 17 July 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran OAM

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Arthur Tsembis (Acting Director Environment & Planning)

 

Noel Chapman (Acting Director Engineering Services)

 

 

PRAYER

 

Reverend David Hanger offered a prayer on behalf of the Nambucca Minister's Association.

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.1 Works Inspection DA 2004/267 - Self Storage Sheds - Modification to Delete Condition of Consent Requiring Road Works under the Local Government Act as the applicant is a family member and Cr Ainsworth left the meeting for this item.

 

Councillor SN Nash declared a pecuniary interest in Item 9.1 Works Inspection DA 2004/267 - Self Storage Sheds - Modification to Delete Condition of Consent Requiring Road Works under the Local Government Act as her father-in-law owns industrial zoned land on which she farms and Cr Nash left the meeting for this item.

 

Councillor SN Nash declared a pecuniary interest in Item 9.2 Works Inspection Further Report on Review of Council's Policies - Environment Planning Department (Recommendation 2—Temporary Residential Occupation of Industrial Sites) under the Local Government Act as her father-in-law owns industrial zoned land on which she farms and Cr Nash left the meeting for this item.

 

Councillor PF Flack declared a pecuniary interest in Item 8.1 Works Inspection North Coast Area Health Service under the Local Government Act as she is employed by the North Coast Area Health Service, Macksville Hospital and she left the meeting for this item.

 

Councillor BD Duffus declared a pecuniary interest in Item 10.8 DA2008/202 170708 Report on Conditions for DA 2008/202 - Dwelling Additions to 25 Seaview Street, Nambucca Heads under the Local Government Act as the applicant is his son and Cr Duffus left the meeting for this item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - ORDINARY Meeting of Ordinary Council 3 July 2008

543/08 RESOLVED:         (Flack/Nash)

 

That the minutes of the Confidential Meeting of Ordinary Council of 3 July 2008  be confirmed subject to the following changes:

 

Page 1         Cr Nash declared a “significant conflict of interest” in Item 9.4

Page 3         Crs Flack and Ballangarry requested that their votes be recorded as against this resolution as it was a late Notice of Motion, was not published in the Business Paper and therefore could not be give sufficient consideration. 

Page 4         Item 5.5 Moved by Cr Hoban and seconded by Cr Moran.

Page 18       Resolution Item 10.3        2nd resolution should read “provide priorities”.

 

 

NOTICE OF MOTION – CR Moran OAM

ITEM 5.1      SF793                170708      Notice of Motion - Nambucca Valley Bridge Club - Site for Club

544/08 RESOLVED:         (Moran/Hoban)

 

That Council investigate a site for the Nambucca Valley Bridge Club in Nambucca Heads.

 

 

 

 

 


NOTICE OF MOTION – CR Duffus

ITEM 5.2      SF444                170708      Notice of Motion - Road Maintenance

545/08 RESOLVED:         (Duffus/Nash)

 

That Council investigate a similar proposal to that implemented by the Mornington Peninsula Shire Council.

 

 

 

 


  

DELEGATIONS

Resolved: (Moran/Ainsworth)

 

That the following delegations be heard:

 

A       11.3 Cattle Grids

                   (i) John Moore

 

B       11.4 Asset Management - Assessment of Argents Hill Hall

                   (i) Barry Tasker

                   (ii) Leanne Davidson

 

C       12.1 CLOSED MEETING—Tender  - T043/2008 Construction of Skate Park at

          Coronation Park, Nambucca Heads

                   (i) Neryl Stuart

 

From Works Inspection Meeting

D       10.5 Rights of Carriageway off Rhones Creek Road

                   (i) Tonia Welsh

 

E       9.3  Report for Determination of DA 2007/232 - Dual Occupancy –

          15 Mcleod Drive, Scotts Head

                   (i) Greg Hamilton

 

A       Cattle Grids

 

Mr John Moore addressed Council making the following points:

 

·                Asked the General Manager why there was no public consultation in regard to this matter—


DELEGATIONS continued

 

·                This report is weak stick report ie there is no offer of working together with the community

·                Asked how many landowners have been consulted

·                4 years ago, it was resolved that there would be consultation

·                Should be more information in relation to cost of roadside fencing

·                Concern with number of trees to be cut for fencing and impact on fauna

·                When roads are fenced it will encourage growth of noxious weeds and may be an additional cost to Council.

 

Extension of Time:    (Hoban/Duffus)

 

That Mr John Moore be granted an extension of time in which to address Council.

 

 

·                Not included in current Management Plan

·                Estimates cost at $100,000—car/staff/to provide regulation and weed control

·                Does not believe Council can maintain current road structure

·                People should look after their own ramps.

 

 

ITEM 11.3    RF266                170708      Cattle Grids

546/08 RESOLVED:         (Hoban/Ainsworth)

 

1        That Council not approve the installation of new cattle ramps on public roads.

 

547/08 Resolved:         (Hoban/Moran)

 

2        That the current owners of all cattle grids be contacted and be given six months to upgrade the cattle grids to a safe standard—if not they will be instructed to remove them and fence their property

 

548/08 Resolved:         (Hoban/Ainsworth)

 

3        That Council review the policy on Cattle Grids and fencing.

 

 

 


B...... 11.4 Asset Management - Assessment of Argents Hill Hall

 

Mr Barry Tasker addressed Council making the following points:

 

·                Does not want to lose Argents Hill Hall—good community asset

·                Thanked Council for approving the bridge

·                Agreed that the Hall has problem with asbestos—has to be removed

·                Requests 6 months grace on Council’s decision regarding the Hall

·                Asked that if replaced, what will there be to replace it and the cost or cost for various options

 

Ms Leanne Davidson addressed Council making the following points:

 

·                Ms Davidson is the Vice President Argents Hill Hall Committee of Management

·                Submission for Heritage listing with National Trust

·                Hall is major part of local history and should remain for future generations to enjoy

·                Seeking extension of 6 months to construct submission for Heritage listing

·                Hall will be 90 next year.


DELEGATIONS continued

 


ITEM 11.4    SF360                170708      Asset Management - Assessment of Argents Hill Hall

549/08 Resolved:         (Flack/Hoban)

 

1        That Council note that the Argents Hill Hall has been closed.

 

2        That a plan and costings be prepared to provide a smaller replacement building constructed of steel and colourbond clad with a kitchen and amenities with a view to applying for a grant and a plan and costing for repairing existing Hall also be prepared for comparison.

 

550/08 Resolved:         (Flack/Hoban)

 

3        That Council note that the unsafe condition of the building has been reported to Council’s insurers due to the public liability exposure.

 

551/08 Resolved:         (Flack/Hoban)

 

4        That the decision to demolish the hall be deferred for six months and that the plans and costings be prepared for comparison purposes for firstly replacing the Hall with another building and secondly, for restoring the existing Hall.

 

Amendment:       (Ainsworth/Waller)

 

That recommendations 1 to 4 be adopted and that Council not proceed to demolish until after further consideration of funding and options.

 

The amendment was LOST.

 

552/08 Resolved:         (Flack/Duffus)

 

That the notice on the door of the Hall be replaced removing reference to demolition and advising of the process which is to be followed.

 

 

 

 


C                 CLOSED MEETING—Tender  - T043/2008 Construction of Skate Park at Coronation Park, Nambucca Heads

 

Ms Neryl Stuart addressed Council to a prepared statement which is on file.

 

Extension of Time:    (Duffus/Hoban)

 

That Ms Stuart be granted an extension of time in which to address Council.

 

 

 

 


D                 Rights of Carriageway off Rhones Creek Road

 

Ms Tonia Welsh addressed Council making the following points:

 

·                Unfair to do retrospectively

·                A decision needs to be made immediately.


DELEGATIONS continued

 

ITEM 12.9         RF386            170708      Rights of Carriageway off Rhones Creek Road (Item 10.5 in the Works Inspection Committee)

553/08 RESOLVED: (Hoban/Hicks)

 

1        That Council seek legal advice regarding withdrawing our interest from the rights of carriageway.

 

Note:  Cr Nash requested that her vote be recorded as against this recommendation as she feels it is morally wrong.

 

 

554/08 Resolved:         (Hoban/Nash)

 

2        That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.

 

Note:  Cr Duffus requested that his vote be recorded as against this recommendation.

 

 

 

 

 


E                 Report for Determination of DA 2007/232 - Dual Occupancy – 15 Mcleod Drive, Scotts Head

 

Mr Greg Hamilton addressed Council making the following points:

 

·                Apologise for not attending Works Inspection on 16 July 2008

·                Appeal for 2 concessions on application

·                1   asking for 4.5 metres setback line in lieu of 6 metres on both sides so building alignment is same from both sides

·                2   garage—stack carparking

·                3   stormwater—put on developers site at this stage this will form part of the inter allotment drainage system

 

ITEM 9.3           DA2007/232   170708      Report for Determination of DA 2007/232 - Dual Occupancy - 15 Mcleod Drive, Scotts Head  (Item 9.3 in the Works Inspection Committee)

555/08 RESOLVED:         (Flack/Nash)

 

That development application 2007/232 for the erection of an attached dual occupancy be refused for the following reasons:

 

1          Pursuant to Section 79C(1)(a)(iii), the proposed development does not provide sufficient car parking, and the proposed stack parking provided to comply with the required number of car parking spaces, does not satisfy section 2 or 4.11 of Development Control Plan No 1 – Off Street Parking.

 

2          Pursuant to Section 79C(1)(a)(iii), the proposed development does not comply with the minimum building line setbacks in accordance with section 6.1 of Development Control Plan No 11 – Building Line Setbacks and the request to vary the setback is not supported.

 

3          Pursuant to Section 79C(1)(b), the proposed development will have an adverse impact on an adjoining property by the uncontrolled disposal of stormwater.

 

 

 

 

4          Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979, it is considered that the proposed development is not in the public interest as it will result in variations to Council adopted development standards, which may result in an undesirable precedent being set for similar applications.

 

Amendment:       (Moran/Duffus)

 

That this item be deferred and the amended plans be brought back to Council for consideration.

 

The amendment was LOST.

 

 

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE NOTICE HAS BEEN GIVEN

 

Question from Cr Flack in relation to a report on the investigations into alleged illegal land use.

 

 

 

General Manager Report

ITEM 9.1      SF959                170708      Outstanding Actions and Reports

556/08 RESOLVED:         (Ainsworth/Moran)

 

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

 

 

557/08 Resolved:         (Flack/Hoban)

 

That Council writes to Coffs Coast Waste requesting they provide an information pamphlet for non-service residents and that the education fund be used to do a mail-out to all non-service households in the Shire

 

 

 

 


ITEM 9.2      SF256                170708      Councillor Development Strategy

558/08 RESOLVED:         (Duffus/Nash)

 

1        That all Councillors and the General Manager attend the one-day seminar to be held post-election.

 

2        That the General Manager report to the first Council meeting in 2009 the level of Councillor attendance at the seminar and any feedback from Councillors about the seminar.

 

3        That, in addition to the Councillor induction program, Council develops and implements an ongoing professional development program for Councillors with adequate funding being allocated for both.

 

4        That Council’s policies on the payment of expenses and the provision of facilities to Mayors and Councillors provide for an appropriate level of support for Councillor training and professional development when next reviewed for 2008/2009.

 

 

 

 


ITEM 9.3      SF42                  170708      Revised Model Code of Conduct for Local Councils

559/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council adopt the revised Code of Conduct as attached to the report.

 

2        That Council seek the co-operation of Bellingen, Kempsey and Coffs Harbour City Councils         in establishing a single conduct review committee to service all four Councils.

 

3        That Council’s solicitor, Mr Terry Perkins be invited participate on the Conduct Review      Committee.

 

4        In the event there is no agreement for a single Conduct Review Committee to service        Nambucca Shire Council and at least 2 other Councils, or Mr Perkins does not agree to    participate on the Conduct Review Committee, then Council advertise for expressions of interest for an independent solicitor to participate on the Conduct Review Committee and the          determination of those Committee members be the subject of a further report to Council.

 

5        That the attention of staff be directed to the new Code of Conduct and the major changes from the previous Code, but that training for both Councillors and staff be deferred until     after the election.

 

6        That a copy of the revised Code of Conduct be provided with a covering letter to all of       Council’s Committees of Management and contractors.

 

560/08 Resolved:         (Hoban/Duffus)

 

7        That Council seek another solicitor if Mr Perkins or the person before the Committee feels there is a conflict of interest.

 

 

 

 

 


ITEM 9.4      SF908                170708      State Government Direction in Climate Change

Motion:      (Flack/Ballangarry)

 

That Council request the Minister for Planning to release a State Environmental Planning Policy or similar direction on a planning standard for sea level rise as a consequence of climate change

 

Amendment:       (Ainsworth/Hoban)

 

That Council request the Minister for Planning for direction on a planning standard for sea level rise as a consequence of climate change.

 

The amendment became the motion and it was:

 

561/08 RESOLVED:         (Flack/Ballangarry)

 

That Council request the Minister for Planning for direction on a planning standard for sea level rise as a consequence of climate change.

 

 

 

 


ITEM 9.5      SF1027              170708      Special Rate Variation and Making of Rates

562/08 RESOLVED:         (Ainsworth/Nash)

 

1          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the annual standing charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Local Government Act 1993 for 2008/2009 is made at forty eight dollars ($48.00) per assessment, for a 20mm or 25mm connection, one hundred and ninety two dollars ($192.00) for a 40mm connection, three hundred dollars ($300.00) per assessment for a 50mm connection, seven hundred and sixty eight dollars ($768.00) for a 80mm connection and one thousand two hundred dollars ($1,200.00) for a 100mm connection,  with a consumption charge of one dollar and twenty five cents ($1.25) per kilolitre to apply to all water consumption and such charges to have a short title of “Water Charge”.

 

2          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Local Government Act 1993 for 2008/2009 is made at three hundred and forty dollars ($340.00)  per assessment for single residential connections, three hundred dollars ($300.00)  per assessment for 20mm non residential connection, five hundred and twenty four dollars ($524.00) per assessment for 40mm non residential connection, seven hundred and thirty five dollars ($735.00) per assessment for 50mm non residential connection, one thousand six hundred and sixty dollars ($1,660.00) per assessment for 80mm non residential connection, two thousand five hundred dollars ($2,500.00) per assessment for 100mm non residential connection and two hundred and eighty dollars ($280.00) for vacant land/non connection with a sewer usage charge of one dollar and seventy cents ($1.70) per kilolitre to be calculated on the estimated volume discharged  from all properties excluding single residential connections using the total water consumption based on Land and Water Conservation's formula and Department of Energy, Utilities and Sustainability's best practice pricing guidelines and such charge to have a short title of "Sewerage Charge".

 

3          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993, the waste management tip provision charge for 2008/2009 is made at eighty seven dollars ($87.00) per assessment for properties which do not receive a domestic waste or other waste service; such charge to have the short title of “Waste Management Tip Provision”.


 

4          That in accordance with Section 496 of the Local Government Act 1993, the annual charge for 2008/2009 for domestic waste service on all occupied rateable land in the Shire, categorised Residential or Farmland under Section 515 or 516 of the Local Government Act 1993 to which a domestic waste service is provided, is made at three hundred and ninety dollars ($390.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Domestic Waste Management  —  Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $390.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $390.00 is the unit price.

 

5          That it be confirmed that in accordance with Section 496 of the Local Government Act 1993 the annual charge for 2008/2009 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development lots along rural roads contiguous to developed estates, all ribbon development lots along rural roads immediately opposite to developed estates, and categorized RESIDENTIAL – VILLAGE/ESTATES, where the domestic waste collection service is available, is made at one hundred and eleven dollars ($111.00) per assessment, such charge to have short title of “Domestic Waste Management – Vacant”.

 

6          That it be confirmed that in accordance with Section 501 of the Local Government Act, 1993 the annual charge for 2008/2009  for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Local Government Act 1993) to which a waste service is provided, is made at three hundred and ninety dollars ($390.00) per separate occupancy per land parcel/assessment, such charge to have a short title of “Waste Management  —  Occupied”, the amount of the annual charge will be the amount derived by applying the formula A = B x $390.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $390.00 is the unit price.

 

7          That it be confirmed that in accordance with Section 502 of the Local Government Act 1993 the waste service charge for 2008/2009 for actual use of accessing weekly waste service by non rateable properties is made at seven dollars and fifty cents ($7.50) per week per service per separate occupancy per land parcel/assessment, such charge to have the short title “Waste Management  —  Non Rateable”, and the amount of the charge will be the amount derived by applying the formula A = B x C X $7.50, where “A” equals the charge, “B” equals the number of separate occupied sites,  "C" equals the number of weekly services and $7.50 is the unit price per service per week.

 

8          That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual charge for waste for 2008/2009 on all vacant rateable land in the Shire, categorised business (under Section 518 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and eleven dollars ($111.00) per assessment, such charge to have a short title of “Waste Management  —  Vacant”.


 

9          That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2008/2009 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Management—Residential Charge".

 

10         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2008/2009 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Management—Residential Strata Charge".

 

11         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2008/2009 for stormwater management services on all rateable privately owned developed urban business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Management Business Charge".

 

12         That it be confirmed that in accordance with Section 496A & 510A of the Local Government Act 1993 the annual charge for 2008/2009 for stormwater management services on all rateable privately owned developed urban business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres divisible on a pro rata basis between the strata lots, such charge to have a short title "Stormwater Management-Business Strata Charge".

 

 

13         That a rate of zero point three zero six nine four eight cents in the dollar (0.306948¢) on the land value of all rateable land in the rating category of “Farmland”, be now made for the year 2008/2009, subject to base amount of four hundred and twenty four dollars and sixty five cents ($424.65) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point eight eight (29.88) per cent of the total amount payable by the levying of this ordinary rate for this category so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Local Government Act 1993 as amended, such rate to have a separate short title of “Farmland” in accordance with Section 543 of the Act.

 

14         That a rate of zero point three six eight one five one cents in the dollar (0.368151¢) on the land value of all rateable land in the rating category “Residential” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Residential-Town” and “Residential-Village/Estates”, such rate to have a separate short title of “Residential-Rural” in accordance with Section 543 of the Act.


 

15         That a rate of zero point three six eight one five one cents in the dollar (0.368151¢) on the land value of all rateable land in the rating category “Residential”, sub category “Town” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55)per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, and land not otherwise categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential-Town”, in accordance with Section 543 of the Act.

 

16         That a rate of zero point three six eight one five one cents in the dollar (0.368151¢) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential – Village/Estates”, in accordance with Section 543 of the Act.

 

17         That a rate of zero point five one three four zero five cents in the dollar (0.513405¢) on the land value of all rateable land in the rating category “Business” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Local Government Act 1993 as amended, excluding all properties in the sub categories “Business-Manufactured Home Community”, “Business-Caravan Park”, “Business-Commercial” and “Business-Industrial”, such rate to have a separate short title of “Business” in accordance with Section 543 of the Act.

 

18         That a rate of zero point five one three four zero five cents in the dollar (0.513405¢) on the land value of all rateable land in the rating category “Business”, sub category “Manufactured Home Community”, be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all rateable properties being Assessment Number 2495/03270.4 known as “Faringdon Village” and Assessment Number 2836/52700.8 known as “Newville Cottage Park”, such rate to have a short title of “Business-Manufactured Home Community” (Man Home Comm) in accordance with Section 543 of the Act.

 

19         That a rate of zero point eight eight three six seven nine cents in the dollar (0.883679¢) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to the rateable properties being Assessment Numbers:


 

1998/10000.0

Nambucca River Tourist Caravan Park

2011/00000.3

Pelican Caravan Park

2812/10000.2

Headland Caravan Park

2841/00000.9

Foreshore Caravan Park

3219/00000.1

Nambucca Beach Holiday Park

3334/50000.0

Aukaka Caravan Park

32342/70102.9

White Albatross Holiday Centre

3695/21000.1

Valla Park Resort

 

such rate to have a short title of “Business-Caravan Park”, in accordance with Section 543 of the Act.

 

20         That a rate of zero point eight two six nine seven one cents in the dollar (0.826971¢) on the land value of all rateable land in the rating category “Business”, sub category “Commercial” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Commercial” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, Scotts Head and such rate to have a separate short title of “Business-Commercial” in accordance with Section 543 of the Act.

 

21         That a rate of zero point five one three four zero five cents (0.513405¢) in the dollar on the land value of all rateable land in the rating category “Business”, sub category “Industrial” be now made for the year 2008/2009, subject to a minimum rate of six hundred and eighteen dollars and fifty five cents ($618.55) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial” in the towns of Nambucca Heads, Macksville, and such rate to have a separate short title of “Business-Industrial” in accordance with Section 543 of the Act.

 

22         That a special rate of zero point zero one zero two zero six cents (0.010206¢) in the dollar on the land value of all rateable land in Council’s area (Section 538) be now made for the year 2008/2009, subject to a base amount of sixteen dollars and twenty five cents ($16.25) per assessment (Section 499) so that the levying of the base amount will produce forty nine point eighty three (49.83) per cent of the total amount payable by the levying of the special rate so as to conform with Section 500 of the Local Government Act 1993 as amended, as provided by Section 537 of the Act and determined by Section 536 of the Act.  Such special rate to have a separate short title of “Environmental” in accordance with Section 543 of the Act.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution as Council should stay within rate pegging limit.

 

 

 


General Manager Report - LATE

ITEM 9.6      SF394                170708      Report on Investments to 30 June 2008

563/08 RESOLVED:         (Nash/Waller)

 

That the Revenue Officers’ Report on Investments placed to 30 June 2008 be noted.

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF691                170708      Environment and Planning Applications Progress and Statistical Reports June 2008

564/08 RESOLVED:         (Hoban/Flack)

 

1          That Council note development application statistics and processing times for July 2007-June 2008 compared with July 2006-June 2007.

 

2          That Council note development application statistics and processing times for the years 2002 to 2008.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2007-30 June 2008.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2008.

 

 

 

 


ITEM 10.2    SF283                170708      Report on the Minutes of the Access Committee Meeting held 27 May 2008

565/08 RESOLVED:         (Waller/Hoban)

 

1          That the list of areas in and around the Council Administration Centre (which have been identified as possibly requiring work to ensure compliance with relevant standard for access for people with disabilities) be referred to Council’s technical officers for assessment and determination of works required and if necessary a report be prepared for Council or the Access Committee.

 

2          That the remaining minutes of the Access Committee meeting held on 27 May 2008 be noted.

 

 

 



ITEM 10.3    SF283                170708      Report on the Minutes of the Access Committee Meeting held 24 June 2008

566/08 RESOLVED:         (Flack/Ballangarry)

 

1          That Council endorse a forum to be hosted by the Access Committee to discuss the physical access section of the Disability Action plan; and endorse the appropriate Council technical officers to attend and advise on the plan.

 

2          That the remaining minutes of the Access Committee meeting held on 24 June 2008 be noted with the amendment that Cr Waller was an apology.

 

 

 


 


ITEM 10.4    SF995                170708      17th Annual Coastal Conference 4-7 November 2008, Wollongong

567/08 RESOLVED:         (Flack/Hoban)

 

1          That Council register three delegates for attendance at the 17th Annual Coastal Conference in Wollongong 4-7 November 2008.

 

2          The delegates be the Director Environment and Planning (or delegate) and two interested Councillors to be identified after the September 2008 Council elections.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution as he believes the wrong people will be attending.

 

 

 

 


ITEM 10.5    SF1148              170708      Contract Regulatory Officer's Report June 2008

568/08 RESOLVED:         (Nash/Ballangarry)

 

That the report from the Contract Regulatory Officer June 2008 be received and noted by Council.

 

 

 

 


ITEM 10.6    SF691                170708      Outstanding Development Applications more than 12 Months, Applications where submissions have been received and not determined and Applications received 23 June 2008 to 4 July 2008

569/08 RESOLVED:         (Waller/Ballangarry)

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

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

 

3          That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

 

 

 


 


ITEM 10.7    SF691                170708      Development Applications Determined Under Delegated Authority from 24 June 2008 to 8 July 2008

570/08 RESOLVED:         (Nash/Flack)

 

That Council note for information the following Notices of Determination and Certificates granted under delegation by the Director Environment and Planning to 8 July 2008.

 

 

 

 


Note:  Meeting adjourned for a meal break at 7.30pm and returned at 8.00 pm.

 

 

 

 

 


Cr B Duffus left the meeting at 8.00 pm.

Cr B Duffus returned to the meeting after the completion of the item at 8.01 pm.

 

ITEM 10.8    DA2008/202        170708      Report on Conditions for DA 2008/202 - Dwelling Additions to 25 Seaview Street, Nambucca Heads

571/08 RESOLVED:         (Ainsworth/Moran)

 

That Council endorse the development consent conditions for Development Application 2008/202.

 

Note:  Cr Nash* requested that her vote be recorded as against this resolution because the building is over the height limit.

 

 

 

 


ITEM 10.9    SF397                170708      Report on State Environmental Planning Policy (Rural Lands) 2008

572/08 RESOLVED:         (Nash/Flack)

 

That Council note the report and information for State Environmental Planning Policy (Rural Lands) 2008.

 

 

 


 


ITEM 10.10   DA2007/224        170708      Executive Products Pty Ltd (Mr & Mrs Leigh) 18a Matthew Street, Scotts Head - Land And Environment Court Hearing

573/08 RESOLVED:         (Flack/Nash)

 

1          That Council note the Court Orders for DA 2007/224 to be heard on 22 August 2008.

 

2          That Council note the Statement of Facts and Contentions as submitted to the Court as required.

 

3          That Council note and endorse the General Managers actions in regard to:

 

·           Investigation into the appointment of a Planning Consultant;

·           Issuing advice to all objectors.

 

Note:  Councillors Duffus and Moran requested that their votes be recorded as against this resolution.

 

 

 

 


Director Engineering Services Report

ITEM 11.1    SF101                170708      Smoking in Public Places - Policy

574/08 RESOLVED:         (Flack/Nash)

 

That Council endorse the draft Policy on Smoke Free Outdoor Areas for public exhibition.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution.

 

 

 

 


ITEM 11.2    SF748                170708      Rusty Iron Rally 2008

575/08 RESOLVED:         (Duffus/Moran)

 

1        That Council allow the use of a front end loader from the 4 to 8 September 2008 at the Macksville Showground provided it is operated by Council staff on a voluntary basis and is not required for Council’s own operations at no cost during the Rusty Iron Rally 2008.

 

2        That Council make available on loan star pickets, post caps and orange mesh fencing to be collected and returned to Council’s Store in river Street, Macksville during the Rusty Iron Rally 2008.

 

 

 


Item 11.3 was dealt with under DELEGATIONS.

 

 

 


Item 11.4 was dealt with under DELEGATIONS.

 

 

 

 


Director Engineering Services Report - LATE

ITEM 11.5    SF674                170708      Coffs Coast Waste Services

Motion:      (Hicks/Ainsworth)   (Hoban/Nash)

 

1        That the contract for Coffs Coast Waste Services Number 04/05-183-TO held by Handybin Waste Service (Coffs Harbour) Pty Ltd, be extended by six months to a duration of ten years and six months.

 

2        That the revised Contract be executed under Council seal.

 

Amendment:       (Hoban/Nash)

 

That Council agree to contract being extended by six months subject to the Mayor and the General Manager being satisfied that the extension will not impact on other contracts.

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

 

576/08 RESOLVED:         (Hoban/Nash)

 

That Council agree to the contract being extended by six months subject to the Mayor and the General Manager being satisfied that the extension will not impact on other contracts.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution.

 

 

 

 


  

Works Inspection Committee REPORT

 

Cr P Flack left the meeting at 8.45 pm.

Cr P Flack returned to the meeting after the completion of the item at 8.47 pm.

 

ITEM 8.1           SF860            170708      North Coast Area Health Service (Item 8.1 in the Works Inspection Committee)

577/08 RESOLVED:         (Hoban/Nash)

 

1        That the information provided by Mr Crawford be received.

 

2        That Council thank Mr Crawford for his attendance at Council’s Works Inspection Committee       Meeting.

 

 

 


 


Cr J Ainsworth and Cr S Nash left the meeting at 8.48 pm.

Cr J Ainsworth and Cr S Nash returned to the meeting after the completion of the item at 8.49 pm.

 

ITEM 9.1           LF3891          170708      DA 2004/267 - Self Storage Sheds - modification to delete condition of consent requiring road works (Item 9.1 in the Works Inspection Committee)

578/08 RESOLVED:         (Flack/Hoban)

 

1        That condition number 10a of the Development Consent be deleted.

 

 

579/08 Resolved:         (Duffus/Flack)

 

2        That Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.

 

 

 

 

 


Cr S Nash left the meeting at 8.49 pm for recommendation 5 of this item.

Cr S Nash returned to the meeting after the completion of the item at 8.50 pm.

 

ITEM 9.2           SF1031          170708      Further Report on review of Council's Policies - Environment Planning Department (Item 9.2 in the Works Inspection Committee)

580/08 RESOLVED:         (Hoban/Duffus)

 

1       That Council delete the Policies identified below as they are now superseded by subsequent Development Control Plans adopted by Council or consumed in recently introduced Legislation.

 

Policies to be deleted:

 

¨       Public Notification and Consideration of Submissions

¨       Part V Environmental Planning & Assessment Act

¨       Sand and Gravel Extraction, Rivercare and Landcare Projects

¨       Subdivision of Undeveloped Residential Land

¨       Notification of Applications to Erect Buildings

¨       Disability Action Plan

¨       Policy on Homelessness

¨       Building in Flood Prone Areas

¨       Advertisements—Development Control Plans and Planning Instruments Policy

¨       Electricity Supply Rural-Residential Subdivisions

 

 

581/08 Resolved:         (Hoban/Nash)

 

2        That the policies to be reviewed be dealt with separately.

 

 

582/08 Resolved:         (Hoban/Flack)

 

3        That the modified policy Rural Properties – Bond for Second Dwelling be adopted.

 

 

 

 

583/08 Resolved:         (Hoban/Flack)

 

4        That the policy Rural Dwellings – Illegal be deferred so as to modify the policy to include a definition of dwellings that do not require development approval and also a requirement to obtain development approval for continuing use rights as a residence prior to an application for a building certificate.

 

 

584/08 Resolved:         (Hoban/Duffus)

 

5        That the policy Water Carters Policy be adopted subject to a change to Clause 9 to require dedicated hoses for potable water so as to be consistent with Clause 8 of the policy.

 

 

585/08 Resolved:         (Hoban/Duffus)

 

6        That the policy Temporary Residential Occupation of Industrial Sites be adopted subject to the provision of a sunset Clause limiting temporary use to twelve months with any extension to be at the discretion of Council.

 

 

 

 


Item 9.3 was dealt with under DELEGATIONS.

 

 

 

 


ITEM 10.1         SF679            170708      Nambucca Waste Management Centre - Proposed  Weighbridge (Item 10.1 in the Works Inspection Committee)

586/08 RESOLVED:         (Ainsworth/Hicks)

 

1        That Council tender for the weighbridge, gatehouse and all associated infrastructure with the exception of road approaches which is to be undertaken by Council. 

 

2        That a further report on the outcome of the tender and a detailed costing of the road approaches be provided to a future Council meeting.

 

Note:  Cr Duffus requested that his vote be recorded as against this recommendation as it is in the wrong place.

Note:  Cr Ballangarry requested that his vote be recorded as against this recommendation as he is unhappy with the design.

 

 

 

 


 


ITEM 10.2         SF1031          170708      DA's Where Council is Trust Manager of Crown Reserves (Item 10.2 in the Works Inspection Committee)

This item was not dealt with.

 

Recommendation:

 

That the Policy Use of Section 77(2A) EP&A Act – DA’s Where Council is Trust Manager of Crown Reserves be deleted.

 

 

 

 

 


ITEM 10.3         SF265            170708      Procurement Policies and Procedures (Item 10.3 in the Works Inspection Committee)

MOTION:      (Ainsworth/Hicks)  For discussion purposes only.

 

1        That Council adopt the following:

 

·      Policy - Procurement of Goods and Services

·      Policy - Council Purchasing Cards

·      Procurement Procedures Manual

·      Statement of Business Ethics

 

2        That Council delete current policies which are to be superseded.

 

An amendment was moved on the motion of Cr Nash seconded Cr Flack that the policy including the manual be deferred until such time that sustainable purchasing policies are included in both the policy and the manual.

 

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

 

587/08 Resolved:         (Flack/Nash)

 

1       That the policy including the manual be deferred until such time that sustainable purchasing policies are included in both the policy and the manual.

 

 

588/08 Resolved:         (Hoban/Flack)

 

2        That Council adopt the Statement of Business Ethics but delete reference to Directors in relation to any breaches.

 

 

589/08 Resolved:         (Nash/Ainsworth)

 

3        That Council delete current policies which are to be superseded.

 

 

 


 


ITEM 10.4         SF825            170708      Paveline Operations (Item 10.4 in the Works Inspection Committee)

590/08 Resolved:         (Hoban/Flack)

 

1        That quarterly reports on Paveline Operations be prepared and presented to Council.

 

2        That the two local quarries be advised in writing of Councils aggregate requirements for the Paveline machine and advising them of Council’s interest in acquiring the stone locally if it can be produced to the required specification.

 

 

591/08 Resolved:         (Hoban/Flack)

 

3        That a further report be presented to Council as originally requested identifying unit operating costs for the Paveline machine being the cost per cubic metre and the cubic metres applied per day.

 

 

 

 


Item 10.5 was dealt with under DELEGATIONS.

 

 


    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

 

QWN157/08 - Cr. Chris Waller - Distance Signs from Highway to Nambucca Heads (Ref SF1144)

Cr Waller requested the Director Engineering Services to investigate the placement of distance signs on the Highway to Nambucca Heads.

 

 

 


QWN160/08 - Cr. Paula Flack - Access Code for Councillors to access Council's files. (Ref SF1144)

Councillors researching matters and preparing Notices of Motions and Questions for currently have to request a staff member to search for the required files.  These requests impinge on staff time and are not always convenient.  Is it possible for Councillors to receive an access code to search Councils files via the internet at home preferably or at least via the Councillor’s computer at the chambers?

 

The General Manager advised that this is not possible.  However he will investigate search functions on InfoCouncil he will also investigate data storage ie how many business papers can be put on the website.

 

 

 

 


QWN161/08 - Cr. Paula Flack - Council's Policies on Disk (Ref SF1144)

When can we expect to receive Council’s policies on disk as previously advised?

 

The General Manager advised that this can be done.

 

 

 

 


QWN162/08 - Cr. Paula Flack - Establishing Right of Carriageways - Property Officer (Ref SF1144)

Will our new Property Manager be assessing files to establish the extent of Right of Carriageways existing in the Shire that Council may be a part or total beneficiary of?

 

The General Manager advised that it is doubtful.

 

 

 

 


QWN163/08 - Cr. Paula Flack - Regional Waste Meeting - Climate Change (Ref SF1144)

The recently released draft report of the Garnaut Climate Change Review proposed that waste facilities, which are known emitters of methane gas, should be included in the emissions system as soon as practicable.  Martin Brennan, Deputy CEO of ICLEI - Local Governments for Sustainability has stated that in cases where councils have contracted out their waste services, municipalities may need time to renegotiate those contracts in order to determine whether the council or the private contractor has the obligation to account for the emissions generated from the waste.

Will this matter be raised at the next regional waste meeting with Coffs and Bellingen Councils? 

 

 

 

 


QWN164/08 - Cr. Paula Flack - Nambucca Shire Council - Corporation (Ref SF1144)

Apparently the extent to which councils will be required to participate in the trading system may depend on whether they are classified as corporations under Australia's Constitution.  Is Nambucca Shire Council classified as a corporation under the Act?

 

 

 

 


QWN165/08 - Cr. Suzanne Nash - Overgrown Vegetation - North Congarinni and Wilson Road (Ref SF1144)

Cr Nash requested the Director Engineering Services to arrange clearing of vegetation at both North Congarinni and Wilson Roads as the overgrown vegetation is causing sight difficulties for motorists.

 

 

 

 


QWN166/08 - Cr. Suzanne Nash - Road Base Repairs - Taylors Arm Road (Ref SF1144)

Cr Nash requested the Director Engineering Services to attend to the scrunched up bitumen on Taylors Arm Road near Johnston’s farm.

 

 

 

 


592/08 Resolved:         (Ainsworth/Hicks)

 

That Cr John Ainsworth be granted leave of absence, in accordance with Section 234(d) of the Local Government Act 1993, from 28 July 2008 to 4 August 2008 inclusive.

 

 

 

 


QWN159/08 - Cr. Barry Duffus - The 50 - 70 KMS Speed Limits North Macksville (Ref SF1144)

Cr Duffus enquired that the RTA be informed that speed signs north of Macksville have been painted over and when the sun shines it can be seen on the road that it is 100 km instead 70 kms.  It should be re-sheeted and/or painted on the road.

QWN167/08 - Cr. Michael Moran - Turning Lane - Bellevue Drive Macksville (Ref SF1144)

Cr Moran requested the Director Engineering Services to approach the RTA to ask why there was not a turning lane at the intersection of Bellevue Drive and the Pacific Highway.

 

 

 

 


QWN168/08 - Cr. Michael Moran - North Congarinni Bridge  (Ref SF1144)

Cr Moran enquired as to when work would commence on the North Congarinni Bridge and how long the bridge would be closed.

 

The Acting Director Engineering Services advised that the contract had no been finalised.

 

 

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

593/08 RESOLVED:         (Ainsworth/Moran)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    16374/2008         170708      Tender  - T043/2008 Construction of Skate Park at Coronation Park, 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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    17167/2008         170708      Construction of Netball Courts - Willis Street, Macksville

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

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.07 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

RESOLVED:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.25 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    16374/2008         170708      Tender  - T043/2008 Construction of Skate Park at Coronation Park, Nambucca Heads

594/08 Resolved:         (Hoban/Nash)

 

That the tender be deferred until the Section 94 Plan for Community Facilities and Open Space has been advertised and adopted..

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    17167/2008         170708      Construction of Netball Courts - Willis Street, Macksville

595/08 RESOLVED:         (Duffus/Flack)

 

1        That the tender submitted by Court Craft (Aust)Pty Ltd be accepted for the sum of $365,185 (plus GST).

 

2        That an additional allocation of $16,000 be included in the 2008/2009 budget.

 

 

QWN158/08 - Cr. Paula Flack - Illegal Waste Dump at South Arm - Aerial Inspection (Ref 1144)

There was no resolution for this item.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.27 pm. 

Confirmed and signed by the Mayor on 7 August 2008.

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)