NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 16 July 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Chris Mattick (Manager Information Technology)

Monika Schuhmacher (Minute Secretary)

 

 

 

PRAYER

 

The Reverend Gillian Jones, from the Anglican Church Macksville, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Cr Flack Item 9.4

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 9.4 Request by Nambucca River Jockey Club to Purchase Council Land at the Bowraville Racecourse Precinct under the Local Government Act as a family members own adjoining property.  Cr Flack left the meeting for this item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 2 July 2009

1382/09 RESOLVED:       (Court/Flack)

 

That the minutes of the Ordinary Council Meeting of 2 July 2009 be confirmed.

 

 

 

 


NOTICE OF MOTION – CR Ainsworth

ITEM 5.1      SF225                160709      Notice of Motion - Dingos in Nambucca Shire

1383/09 RESOLVED:       (Ainsworth/Smyth)

 

That Council write to National Parks and Wildlife Service to enquire as to whether or not the Service has relocated Dingos to the Yarrahapinni/Way Way area.

 

 

 

 


 


NOTICE OF MOTION – CR Ainsworth

ITEM 5.2      SF283                160709      Notice of Motion - Removal of Podium in Council Chambers

Motion:      (Ainsworth/Finlayson)

 

That a rebated access ramp be provided to the podium in the Council Chambers in lieu of its removal.

 

Amendment:       (Smyth/Flack)

 

That the option of rebated access ramp be referred to the Access Committee.

 

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

 

1384/09 Resolved:       (Smyth/Flack)

 

That the option for a rebated access ramp  in lieu of the removal of the podium be put to the Access Committee as there may be other issues they wish to consider.

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.3      SF1269              160709      Notice of Motion - Reinstatement of Questions without Notice in the Business Paper

1385/09 RESOLVED:       (Moran/Flack)

 

That questions without notice always be included in the Council meeting business paper agenda.

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.4      SF1269              160709      Notice of Motion - Community Services - Deleted from Council's Portfolio

Lost Motion:      (Moran/Finlayson)

 

1        That Council delete Community Services from Council’s portfolio.

 

2        That the savings from the deletion of Community Services be used to finance infrastructure of roads and bridges.

 

 

 



NOTICE OF MOTION – CR Smyth

ITEM 5.5      SF1269              160709      Notice of Motion - Request for Leave - 28 July 2009 to 7 August 2009 - Cr Anne Smyth

1386/09 RESOLVED:       (Smyth/South)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 28 July 2009 to 7 August 2009 inclusive.

 

 

 

 


DELEGATIONS

1387/09 Resolved:       (Flack/South)

 

That the following delegations be heard and the respective Items be brought forward:

 

ITEM 9.1      SF1150        160709         Report on Exhibition of Draft DCP 3 - Residential Development (Item 9.1 in the General Purpose Committee)

 

Mr Jock Palmer—did not attend the Council meeting.

 

 

ITEM 10.2    SF544          160709         Proposed Road Link between Alexandra Drive and Marshall Way, Nambucca Heads (Item 10.2 in the General Purpose Committee)

          i)        Ms Leanne Boatfield—Objector

          ii)       Mr Stan Green—Objector

 

Ms Boatfield addressed Council speaking to a prepared statement which is on file.

 

1388/09 Resolved:       (Flack/Ballangarry)

 

That Ms Boatfield be granted an extension of time.

 

 

Mr Green addressed Council making the following points:

·                Racist attack re sacred site if link goes ahead

·                Increased traffic, could cause accidents at kindergarten

·                Is Council prepared to take this risk

 

1389/09 Resolved:       (Court/Smyth)

 

That Mr Green be granted an extension of time.

 

·                No one in affected area wants link

·                Outcome of this item will be remembered at Council’s next election

 

Clarification by Mayor:   Actual Development application has not been lodged.  Application for the Minister to determine it as a major project has been lodged.

 

 


 

ITEM 9.1           SF1150          160709      Report on Exhibition of Draft DCP 3 - Residential Development (Item 9.1 in the General Purpose Committee)

1390/09 Resolved:       (Ainsworth/South)

 

1        That the 12 metre maximum height limit for the two strata plans at 1 Wellington Drive, Nambucca Heads be retained.

 

Note:  Cr Moran requested that his name be recorded against this recommendation because everybody hasn’t been given a fair go.  Should deal with all of Wellington Drive and DCP3 at the same time.

 

FOR the Motion:  Councillors Court, Ballangarry, Finlayson, Ainsworth, South, Hoban (Total 6)

AGAINST the Motion: Councillors Flack, Smyth, Moran (Total 3)

 

 

1391/09 Resolved:       (Court/Finlayson)

 

2          That Council adopt the DCP 3 - Residential Development, subject to the following amendments:

 

a        The preferred dwelling type maps be deleted from the DCP in order to avoid confusion with the permissible land uses under the LEP.

b        Amend the side boundary setback provisions for dwelling-houses to more accurately reflect those in the SEPP (Exempt and Complying Development Codes).

c        The deep soil zone for dwelling houses, dual occupancies, attached dwellings and multi-dwelling housing be amended to read 30%.

 

FOR the motion:  Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran, South, Hoban (Total 9)

AGAINST the Motion: Nil

 

 

1392/09 Resolved:       (Court/Finlayson)

 

3          That Council notify all persons who made a submission to the draft DCP and advise that DCP 3 - Residential Development, was adopted by Council subject to the amendments identified in 1 above.

 

 

 


ITEM 10.2         SF544            160709      Proposed Road Link between Alexandra Drive and Marshall Way, Nambucca Heads (Item 10.2 in the General Purpose Committee)

1393/09 Resolved:       (Hoban/Flack)

 

That the matter of the Section 94 Plan be deferred to allow the review of the draft Contributions Plan works schedule to provide for an option which excludes the link road.

 

lost MOTION:      (Finlayson/Ainsworth)

 

That the motion be put.

The motion was LOST.

 

 

lost motion       (Flack/Ballangarry)

 

That Council does not support construction of the link road and advise the Minister for Planning of this.

The motion was LOST.

 

 

1394/09 RESOLVED:       (Flack/Smyth)

 

That Council write to the Minister for Planning drawing her attention to the strong community and Aboriginal Cultural objections to the proposed link road.

 

 

1395/09 Resolved:       (Flack/Smyth)

 

That Council staff seek advice from its Section 94 Coordinator and if necessary legal advice regarding the possibility of obtaining a contribution from subdivision in the Palmwoods Estate to be applied to the Bellwood Road intersection and other upgrading of Bellwood Road.

 

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

There were no questions with Notice.

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

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

 

 


   

General Manager Report

ITEM 9.1      SF959                160709      Outstanding Actions and Reports

1396/09 RESOLVED:       (Flack/Ainsworth)

 

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

 

 

 


ITEM 9.2      SF1272              160709      Council's Capacity to Ensure the Preservation of Council's Electronic Information

1397/09 Resolved:       (Flack/Ainsworth)

 

1        That Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.

 

2        That Council consider the need and cost of a consultant to identify and recommend improvements to existing records management practices in the 2010/2011 budget

 

1398/09 Resolved:       (Court/Flack)

 

3        That Council consider suitable remote office space to house disaster recovery equipment at its quarterly review

 


 

ITEM 9.3      SF270                160709      Local Government Remuneration Tribunal - Determination of Councillor Remuneration Effective from 1 July 2009

1399/09 RESOLVED:       (Flack/South)

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a Rural Council being $9,290 for each Councillor and $20,280 for the additional Mayoral Allowance.

 

2        That the change in fees be backdated to 1 July 2009 in accordance with the determination by the Local Government Remuneration Tribunal.

 

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

 

 

 

 


Cr Flack left the meeting for Item 9.4 at 7.15 pm and returned after the conclusion of Item 9.4, at 7.16 pm.

 

ITEM 9.4      SF600                160709      Request by Nambucca River Jockey Club to purchase Council Land at the Bowraville Racecourse Precinct

1400/09 RESOLVED:       (Smyth/South)

 

1          That Council agree in principle to a proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club subject to negotiation of terms satisfactory to Council.  These terms are to include the right of first refusal or a buy back option for the price for which the land is sold in the event the Nambucca River Jockey Club seeks to sell or transfer the land in the future. 

 

2          That Council write to the Nambucca River Jockey Club requesting details of their proposal to meet the minimum venue standards.

 

3          That Council receive a report from the Property Officer detailing the suggested terms of the proposed sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774 to the Nambucca River Jockey Club for their further consideration of the matter.

 

4          That Council obtain a valuation for the sale of Lots 3 in Deposited Plan 596774 and Lot 4 in Deposited Plan 596774, the cost of the valuation to be met by the Nambucca River Jockey Club.

 

 

 


ITEM 9.5      SF1213              160709      Special Rate Variation and Making of Rates - 2009/2010

1401/09 Resolved:       (Ainsworth/South)

 

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 2009/2010 is made at sixty six dollars ($66.00) per assessment, for a 20mm or 25mm connection, two hundred and sixty four dollars ($264.00) for a 40mm connection, four hundred and twelve dollars and fifty cents ($412.50) per assessment for a 50mm connection, one thousand and fifty six dollars ($1,056.00) for a 80mm connection and one thousand six hundred and fifty dollars ($1,650.00) for a 100mm connection,  with a consumption charge of one dollar and thirty seven cents ($1.37) 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 2009/2010 is made at three hundred and eighty five dollars ($385.00)  per assessment for single residential connections, two hundred and thirty six dollars ($236.00)  per assessment for 20mm non residential connection, six hundred and four dollars ($604.00) per assessment for 40mm non residential connection, nine hundred and two dollars ($902.00) per assessment for 50mm non residential connection, two thousand one hundred and ninety eight dollars ($2,198.00) per assessment for 80mm non residential connection, three thousand three hundred and eighty eight dollars ($3,388.00) per assessment for 100mm non residential connection and two hundred and twenty six dollars ($226.00) for vacant land/non connection with a sewer usage charge of one dollar and eighty six cents ($1.86) 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 2009/2010 is made at ninety eight dollars ($98.00) 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 2009/2010 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 four hundred and thirty eight dollars ($438.00) 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 $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 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 2009/2010 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 twenty six dollars ($126.00) 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 2009/2010 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 four hundred and thirty eight dollars ($438.00) 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 $438.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $438.00 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 2009/2010 for actual use of accessing weekly waste service by non rateable properties is made at eight dollars and forty two cents ($8.42) 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 $8.42, where “A” equals the charge, “B” equals the number of separate occupied sites, "C" equals the number of weekly services and $8.42 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 2009/2010 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 twenty six dollars ($126.00) 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 2009/2010 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 2009/2010 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 2009/2010 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 2009/2010 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 two one six nine one cents in the dollar (0.321691¢) on the land value of all rateable land in the rating category of “Farmland”, be now made for the year 2009/2010, subject to base amount of four hundred and forty five dollars ($445.00) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point seven four (29.74) 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 eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) 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 eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential”, sub category “Town” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25)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 eight five two four four cents in the dollar (0.385244¢) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) 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 three eight zero four eight cents in the dollar (0.538048¢) on the land value of all rateable land in the rating category “Business” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) 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 three eight zero four eight cents in the dollar (0.538048¢) on the land value of all rateable land in the rating category “Business”, sub category “Manufactured Home Community”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) 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 nine two six zero nine six cents in the dollar (0.926096¢) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) 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 six six six six three cents in the dollar (0.866663¢) on the land value of all rateable land in the rating category “Business”, sub category “CBD” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, Scotts Head and such rate to have a separate short title of “Business-CBD” in accordance with Section 543 of the Act.

 

21         That a rate of zero point five three eight zero four eight cents (0.538048¢) in the dollar on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” be now made for the year 2009/2010, subject to a minimum rate of six hundred and forty eight dollars and twenty five cents ($648.25) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads, Macksville, and such rate to have a separate short title of “Business-Industrial Estate” in accordance with Section 543 of the Act.

 

22        That a special rate of zero point zero one zero seven one five cents (0.010715¢) in the dollar on the land value of all rateable land in Council’s area (Section 538) be now made for the year 2009/2010, subject to a base amount of seventeen dollars ($17.00) per assessment (Section 499) so that the levying of the base amount will produce forty nine point seven (49.7) 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.

 

23        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

 

24        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now be made for the year 2009/2010.

 

25        That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade Waste with one dollar and forty eight cents ($1.48) for the Usage Charge per kilolitre be now made for the 2009/2010.

 

26        That a rate of one hundred and thirty dollars ($130.00) be the annual fee for Category 3 (High Risk) Sewer Trade Waste with a one dollar per kilogram for Excess Mass Charge now be made for the year 2009/2010.

 

27        That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste now be made for the year 2009/2010.

 

28                 That a rate of seventy eight dollars ($78.00) be the annual fee for Category 4 Caravan Dump Effluent Disposal with a charge of one hundred and fourteen dollars ($114.00) for Disposal at Treatment Works with a maximum of 2,500L Disposals over 2,500L will have an additional charge of forty one dollars ($41.00) per 1000L.

 

Motion:      (Flack/Ainsworth)

 

That Council have a workshop on rating to review categories generally.

 

Amendment:       (Hoban/Ainsworth)

 

That Council be provided with a workshop to explain the making of rates and rating categories generally.

 

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

 

1402/09 Resolved:       (Hoban/Ainsworth)

 

29      That Council be provided with a workshop to explain the making of rates and rating categories generally.

 

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

 

 

 

 

 


General Manager Report - LATE

ITEM 9.6      SF394                160709      Report on Investments to 30 June 2009

1403/09 RESOLVED:       (Flack/South)

 

That the Accountants’ Report on Investments placed to 30 June 2009 be noted.

 

1404/09 Resolved:       (Hoban/Flack)

 

That Council review its contract for the supply of financial services advice.

 

 

 

Director Environment and Planning Report

ITEM 10.1    SF1148              160709      Contract Regulatory Officer's Report - June 2009

1405/09 RESOLVED:       (Ainsworth/Court)

 

That the report from the Contract Regulatory Officer for June 2009 be received and noted by Council.

 

 

 

 


ITEM 10.2    SF1261              160709      Outstanding DA's >12 months, applications where submissions received & not determined 4 July 2009

1406/09 RESOLVED:       (Ainsworth/Flack)

 

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.


 


ITEM 10.3    SF1261              160709      DEP Applications and Statistical Reports July 2008-June 2009, 2002-2009 and Certificates Received 2004-2009

1407/09 RESOLVED:       (Flack/Moran)

 

1          That Council note development application statistics and processing times for July 2008-June 2009 compared with July 2007-June 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-30 June 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

 


ITEM 10.4    SF81                  160709      Report on Joint Bushfire Management Committee Meeting held 10 June 2009

1408/09 RESOLVED:       (Court/Ainsworth)

 

That the report on the meeting of the Joint Bushfire Management Committee held 10 June 2009, be noted.

 

 

 


ITEM 10.5    SF42                  160709      Report on Department Of Local Government Circular 08-61 - Plumbing Inspections By Council

1409/09 RESOLVED:       (Flack/South)

 

That the information be noted with no further action be taken in relation to the Department of Local Government Circular 08-61.

 

 

ITEM 10.6    SF1372              160709      Report on Successful Funding Application - Local Adaptation Pathways Program

1410/09 RESOLVED:       (Flack/Court)

 

1          That Council note the grant application was successful and the intention to commence work on the project once all formal contracts have been signed.

 

2          That Council release a media statement advising the community of the successful grant application and project.

 

3          That Council endorse the draft Brief.

 

4          That in accordance with Council’s Procurement Policy the brief be forwarded to Department of Climate Change pre-approved service providers in order to tender for the project.

 

 

ITEM 10.7    SF283                160709      Report on Minutes of Access Committee Meeting 23 June 2009

1411/09 RESOLVED:       (Court/Flack)

 

That the minutes of the Access Committee meeting held on 23 June 2009 be noted.

 

 

 

 

 


Director Engineering Services Report

ITEM 11.1    SF1185              160709      Tree Planting Plan 2009/2010

1412/09 RESOLVED:       (Flack/Finlayson)

 

That this item be deferred so that Councillors can make comments to the Director Engineering Services so he may consider them in a further report to Council.

 

 

 


Resolved: (Court/Ballangarry)

 

The meeting adjourned at 7.45 pm.

 

The meeting resumed at 8.15 pm.

 

Cr Moran did not return to the meeting.

  

 

 

 


General Purpose Committee REPORT

ITEM 12.1         SF1090          160709      Department of Local Government - Assessment of Progress in Implementing Promoting Better Practice Review Report (Item 8.1 in the General Purpose Committee)

1413/09 RESOLVED:       (Flack/Court)

 

1        That Council give public notice for 28 days of its intention to amend its policy on Payment of Expenses and Provision of Facilities for Councillors in accordance with the circularised amendments.

 

2        That following the public notice period, the draft amendment together with any submissions be referred back to Council for final consideration.

 

3        That Council proceed to establish an internal audit function comprised of an outsourced internal auditor and an internal audit committee comprised of the Mayor, and 2 independent members, at least one of which is to have financial expertise.  The internal audit function is to be established for an initial period of 2 years and be subject to review at the end of that period.

 

4        That Council seek expressions of interest from contractors to undertake the internal audit function and also for a locally based independent committee representative with financial expertise.

 

5        That the second independent committee representative be sought via a resource sharing alliance with either Kempsey or Bellingen Shire Council.

 

6        That the outcome of the requests for expressions of interest and resource sharing be reported to Council for determination.

 

7        That Council note the Department of Local Government’s review of its progress on the implementation of the recommendations of the Promoting Better Practice review report.

 

8        That Council again approach adjoining and nearby Councils to seek their interest in resource sharing for internal audit services.

 

 

 


ITEM 8.2           SF923            160709      New Community Infrastructure Program funding (Item 8.2 in the General Purpose Committee)

1414/09 RESOLVED:       (Flack/Finlayson)

 

That Council defer the matter to the next General Purpose Committee meeting so that staff and Councillors can explore alternatives.  Alternatives are to be put forward with the view to spreading the benefit and are to be put to the Director Engineering Services within fourteen (14) days.

 

 

 


Item 9.1 was dealt with under Delegations.

 

 

 


ITEM 10.1         SF652            160709      Relocation of Men's Shed - Nambucca Valley Community Services Council Inc (Item 10.1 in the General Purpose Committee)

 

1415/09 Resolved:       (Flack/Finlayson)

 

That the matter be deferred for an inspection and discussion with the Committee of Management as well as a report to consider other potential sites, including the Works Deport area.

 

 

 


Item 10.2 was dealt with under Delegations.

 

 

 


 


ITEM 10.3         SF382            160709      Scotts Head Masterplan (Item 10.3 in the General Purpose Committee)

1416/09 RESOLVED:       (Flack/Smyth)

 

That the matter be deferred for consideration between 4.00 pm and 5.00 pm on 16 July 2009.

 

 

 


QUESTIONS WITHOUT NOTICE

 

There were no questions without Notice.

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1417/09 Resolved:       (Hoban/Flack)

 

That the in the Item Plant Operations Reports – Paveliner and Major Plant, the Plant Report be deferred and considered at the next ordinary meeting in OPEN MEETING as it does not meet the legislative requirements to be considered in CLOSED MEETING.

 

1418/09 Resolved:       (Ainsworth/Finlayson)

 

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

For Confidential Business Paper in Closed Meeting

ITEM 12.1    16504/2009         160709      Alliance Tender for the Provision of a Corporate Software System

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    16575/2009         160709      Plant Operations Reports - Paveliner and Major Plant

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 IN CLOSED MEETING commenced at 8.19 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

RECOMMENDATION:

 

That Ordinary Council Meeting resume in OPEN MEETING. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.57 pm

 

 

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    16504/2009         160709      Alliance Tender for the Provision of a Corporate Software System

1419/09 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council accept the tender from Civica Pty Ltd for the supply, installation, training and annual maintenance of a corporate software system subject to the condition that functionality is equivalent or better than our current product.

 

2        That the General Manager and Manager Information Technology be authorised to undertake contract negotiations with Civica Pty Ltd to finalise implementation details, contractual requirements and the final contract price.

 

3        That Council allocate $50,000 for an additional skilled staff resource for the pre-implementation process, to be funded from the existing reserve for office equipment replacement.

 

4        That at this stage and subject to resolution of the contract, the planned “go live” date be 1 July 2010.

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    16575/2009         160709      Plant Operations Reports - Paveliner and Major Plant

1420/09 Resolved:       (Flack/Ainsworth)

 

That Council note the report to the Plant Committee on the Paveliner.

 

1421/09 Resolved:       (Hoban/Flack)

 

That Council persevere with improving the operator and equipment efficiency of the Paveliner for a further six months before receiving a report and assessing other options including pothole patching being undertaken by contractors.

 

1422/09 Resolved:       (Flack/South)

 

That Council receive a report on Paveliner performance in terms of cost per cubic metre and other relevant parameters and including the Director Engineering Service’s opinion on efficiency or otherwise of the machine and what is required to improve performance.  Also options for addressing loose stone and the option of a sweeper attachment.  Comparative data is to be provided for a defined period of usage.

 

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.58 pm. 

 

Confirmed and signed by the Mayor on 6 August 2009.

 

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)