NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 01 July 2010

 

 

The following document is the minutes of the Council meeting held on 1 July 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 July 2010 and therefore subject to change.  Please refer to the minutes of 15 July 2010 for confirmation.

 

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

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)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

 

Cr Brian Finlayson (attending Planning & Environmental Law Conference in Sydney)

Cr Janet Court

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a pecuniary interest in Item 9.3 Report on Modification of Development Application 2009/113/01 under the Local Government Act as Cr Hoban has relatives who own land adjoining Smiths Lane and they may be financially advantaged or disadvantaged by Council’s decision. 

Cr Hoban left the meeting for this Item.

 

 

Councillor MM Moran declared a declared a pecuniary interest in Item 9.3 Report on Modification of Development Application 2009/113/01 under the Local Government Act as Cr Moran has a conflict through his conduct of valuations.  Cr Moran left the meeting for this Item.

 

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.5 Report on Exhibition of the Draft Nambucca Development Control Plan under the Local Government Act as the issue of Tewinga Lane Piggery was discussed and Cr Flack has previously declared as above in regard to this issue on the basis of Mr Goesch being her mechanic.  Cr Flack remained in the meeting for this Item and participated in discussion and voting.

 

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.5 Report on Exhibition of the Draft Nambucca Development Control Plan under the Local Government Act as Mr Goesch, an objector to the Buffer distance Zones exhibited in the Draft DCP, is the mechanic used by her family for their motor vehicles.  Cr Smyth remained in the meeting for this Item and participated in discussion and voting.

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 June 2010

 

2242/10 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 17 June 2010  be confirmed subject to the following correction:

 

Page 14       The correct wording for Resolution (2231/2010) to read:

                   That a report be brought forward on the existing policy on tree removal relating to the fee payable, with reference to the numerous requests received for the removal of trees from public land.

 

 

 

DELEGATIONS

 

Resolved: (Ainsworth/Flack)

 

That the following delegations be heard:

 

          a)       ITEM 10.4    Road Naming - Crown Road off Corner Buckrabendinni Road

                   i)        Mr Jim Cameron—Council to decide on name and recommend to Department

 

          b)       ITEM 9.5      Report on Exhibition of the Draft Nambucca Development Control Plan

                   i)        Mr Geoff Goesch—Objecting to the buffer zone

 

 

Mr Jim Cameron addressed Council to a prepared paper which is on file.

 

 

ITEM 10.4    SF98                  010710      Road Naming - Crown Road Off Corner Buckrabendinni Road, Bowraville

Motion:      (Moran/Ainsworth)

 

That the matter be deferred so that further information may be obtained from the Department of Lands.

 

Amendment:       (Ainsworth/Moran)

 

1        That the matter be deferred so that further information may be obtained from the Department of Lands.

 

2        Council outlines its concerns about the encroachment on the Crown road in a letter to the Department of Lands.

 

The amendment was LOST.

 

The motion upon being put, was LOST.

 

MOTION:      (Hoban/South)

 

1        That Council write to the Department of Lands recommending the road be named Deer Hill Road.

 

2        That Council write to Department of Lands outlining its concerns about the encroachment on the Crown Road which are cattle yards.

 

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

 

 

 

2243/10 Resolved:       (Hoban/South)

 

1        That Council write to the Department of Lands recommending the road be named Deer Hill Road.

 

2        That Council write to Department of Lands outlining its concerns about the encroachment on the Crown Road which are cattle yards.

 

 

DELEGATIONS continued

 

Mr Goesch addressed Council making the following points:

·                Speaking in regard to buffer distances

·                Recommended distances be increased

·                Recommends a distance of approximately 800 metres

·                Why should development have 300 m zone when there is nothing there

·                Farmers will be hurt more than the ‘tree changers’

·                Constant odour and constant noise are not acceptable

·                Need for decent separation areas

 

Cr Flack and Cr Smyth declared a less significant non pecuniary conflict of interest in Item 9.5 in regard to discussions concerning the piggery.

 

ITEM 9.5      SF1498              010710      Report on Exhibition of the Draft Nambucca Development Control                 Plan

 

MOTION:      (Ainsworth/Hoban)

 

That this matter be deferred for further consideration at Council’s next General Purpose Committee meeting on 14 July 2010.

 

Amendment:       (Moran/South)

 

1        That this matter be deferred for further consideration at Council’s next General Purpose Committee meeting on 14 July 2010.

 

2        That a report be provided to Council as to when the dwelling was approved on that land (the piggery on Irvines Road) and who approved it.

 

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

 

2244/10 Resolved:       (Moran/South)

 

1        That this matter be deferred for further consideration at Council’s next General Purpose Committee meeting on 14 July 2010.

 

2        That a report be provided to Council as to when the dwelling was approved on that land (the piggery on Irvines Road) and who approved it.

 

 

 

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 8.1      SF959                010710      Outstanding Actions and Reports

2245/10 RESOLVED:       (Ainsworth/South)

 

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

 

 

 

 

General Manager Report—LATE REPORT

 

ITEM 8.2      SF1213            010710         Special Rate Variation and Making of Rates -                          2010/2011

2246/10 Resolved:       (Ainsworth/Ballangarry)

 

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 2010/2011 is made at seventy three dollars ($73.00) per assessment, for a 20mm or 25mm connection, two hundred and ninety two dollars ($292.00) for a 40mm connection, four hundred and fifty six dollars and twenty five cents ($456.25) per assessment for a 50mm connection, one thousand one hundred and sixty eight dollars ($1,168.00) for a 80mm connection and one thousand eight hundred and twenty five dollars ($1,825.00) for a 100mm connection,  with a consumption charge of one dollar and forty nine cents ($1.49) 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 2010/2011 is made at three hundred and eighty five dollars ($385.00)  per assessment for single residential connections, one hundred and eighty six dollars ($186.00)  per assessment for 20mm non residential connection, five hundred and seventy four dollars ($574.00) per assessment for 40mm non residential connection, eight hundred and seventy six dollars ($876.00) 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 ninety four dollars ($3,394.00) per assessment for 100mm non residential connection and one hundred and eighty one dollars ($181.00) for vacant land/non connection with a sewer usage charge of two dollars and twenty cents ($2.20) 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 2010/2011 is made at one hundred and ten dollars ($110.00) 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 2010/2011 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 2010/2011 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 ten dollars ($110.00) 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 2010/2011 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 2010/2011 for actual use of accessing weekly waste service by non rateable properties is made at eight dollars and sixty nine cents ($8.69) 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 $8.69, where “A” equals the charge, “B” equals the number of separate occupied sites, "C" equals the number of weekly services and $8.69 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 2010/2011 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 ten dollars ($110.00) 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 2010/2011 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 2010/2011 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 2010/2011 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 2010/2011 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 three three zero six four cents in the dollar (0.333064˘) on the land value of all rateable land in the rating category of “Farmland”, be now made for the year 2010/2011, subject to base amount of four hundred and sixty one dollars ($461.00) per assessment, (Section 499) so that the levying of the base amount will produce twenty nine point seven five (29.75) 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 nine eight seven zero seven cents in the dollar (0.398707˘) on the land value of all rateable land in the rating category “Residential” be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 nine eight seven zero seven cents in the dollar (0.398707˘) on the land value of all rateable land in the rating category “Residential”, sub category “Town” be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55)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 nine eight seven zero seven cents in the dollar (0.398707˘) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 five seven one six seven cents in the dollar (0.557167˘) on the land value of all rateable land in the rating category “Business” be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 five seven one six seven cents in the dollar (0.557167˘) on the land value of all rateable land in the rating category “Business”, sub category “Manufactured Home Community”, be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 nine five nine zero zero two cents in the dollar (0.959002˘) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty 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 nine seven three nine zero cents in the dollar (0.897390˘) on the land value of all rateable land in the rating category “Business”, sub category “CBD” be now made for the year 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 five six nine nine three cents (0.556993˘) 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 2010/2011, subject to a minimum rate of six hundred and seventy one dollars and fifty five cents ($671.55) 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 one zero nine eight cents (0.011098˘) in the dollar on the land value of all rateable land in Council’s area (Section 538) be now made for the year 2010/2011, subject to a base amount of seventeen dollars and sixty cents ($17.60) per assessment (Section 499) so that the levying of the base amount will produce forty nine point eight eight (49.88) 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 nine dollars ($79.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be made for the year 2010/2011.

 

24        That a rate of seventy nine dollars ($79.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now be made for the year 2010/2011.

 

25        That a rate of one hundred and thirty three dollars ($133.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade Waste with one dollar and fifty two cents ($1.52) for the Usage Charge per kilolitre be now made for the 2010/2011.

 

26        That a rate of one hundred and thirty three dollars ($133.00) 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 2010/2011.

 

27        That a rate of seventy nine dollars ($79.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste now be made for the year 2010/2011.

 

28        That a rate of seventy nine dollars ($79.00) be the annual fee for Category 4 Caravan Dump Effluent Disposal with a charge of one hundred and sixteen dollars ($116.00) for Disposal at Treatment Works with a maximum of 2,500L Disposals over 2,500L will have an additional charge of forty two dollars ($42.00) per 1000L.

 

NoteCr Moran requested that his vote be recorded as against this resolution as he does not support the rate variation.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              010710      Outstanding DA's greater than 12 months, applications where             submissions received not determined to 21 June 2010

2247/10 RESOLVED:       (Flack/Smyth)

 

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 9.2      SF1261              010710      DA's and CDC's Received and Determined under Delegated                                          Authority 8-21 June 2010

2248/10 RESOLVED:       (Flack/Ballangarry)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

 

 

 

2249/10 Resolved:       (South/Ballangarry)

 

That Cr Ainsworth take the Chair for the duration of Item 9.3 – Report on Modification of Development Application 2009/113/01 as the Mayor declared a pecuniary interest in this item.

 

 

Cr Hoban and Cr Moran left the meeting at 6.50 pm and returned following the conclusion of this Item at 6.56 pm.

 

ITEM 9.3      DA2009/113        010710      Report on Modification of Development Application 2009/113/01

2250/10 RESOLVED:       (Flack/Smyth)

 

1        That upon receipt of an amended VPA offering to pay $60,000 towards the upgrade of Smiths Lane, Council amend consent DA 2009/113 by deleting conditions 3 and 21 relating to the dedication of Smiths Lane and the payment of Section 94 Contributions and amend conditions 6 and 15 as outlined below.

 

            Condition 6

            Engineering Construction Plans

 

            Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Full Width Road Construction

 

Smiths Lane and its extension to service the development is to be constructed as a 3.5m (minimum) wide bitumen seal with a minimum 5.5m wide formation within a minimum 20m wide road reserve. The road works and any associated drainage works, must be in accordance with Council’s Aus-Spec Design for Minor No Through Single Carriageway Road Specifications. The table drains are to be turfed for their full width. A 12m radius cul-de-sac shall be constructed at the end of the internal road.

 

 

 

Required work

Specification of work

Intersection

 

 

Services

The intersection of Smiths Lane and Wilson Road is to be upgraded to the requirements of Council’s Aus Spec #1 Design and Construction Specifications.

Water, electricity and gas are to comply with section 4.1.3 of  ‘Planning for Bushfire Protection 2006’.

 

Driveways Rural – sealed roads

Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen seal to 3 metres within the property boundary of each of the proposed new allotments.

Guideposts

          Guideposts are to be installed in accordance with Council’s engineering standard.

 

Culverts required across drainage channels or streams

Any culverts required must  be designed to ensure that peak flow rates for the 1 in 100 year storm event are not affected. The applicant is to obtain any necessary approvals from the Department of Natural Resources and/or the Department of Primary Industries and submit relevant approvals with engineering plans, submitted for release of the construction certificate.

Street Name Signs

Street name signs and posts to all proposed new roads. (Note: street/road names proposed for the subdivision must be submitted for Council within 6 weeks of DA Approval. A suitable name for any new road/s must be in accordance with Council’s adopted policy).

 

          Condition 15

 

          Plan of Subdivision and Section 88B Instrument requirements

 

A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dwelling Envelope

A restriction on the use of land shall be created to limit the erection of dwellings on proposed Lots 41, 42, 43 & 44 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

 


Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

Dedicated Public Road Access

Dedication of the Smiths Lane extension as public road.

 

2        That Council’s Department of Corporate Services proceed to prepare a Section 94 Contributions Plan for the upgrade of Smiths Lane, noting that the maximum amount of the contribution will be capped at $20,000 per lot.

 

For the Motion:                Councillors Ballangarry, Flack, Smyth, South and Ainsworth        (Total 5)

Against the Motion          Nil      (Total 0)

 

 

 

Note:  The Mayor resumed the Chair for the remainder of the meeting.

 

ITEM 9.4      SF1487              010710      Report on Minutes of the Nambucca Shire Council Access                                           Committee meeting held 25 May 2010

Motion:      (Flack/South)

 

1        That the complaint regarding lack of access at the Salvation Army Thrift Store in Macksville be looked into, and that Council seeks comment from its Planning staff regarding whether a Development Application was required for the change of use from furniture manufacturing to charity/retail store, and therefore whether there were any conditions requiring wheelchair access into the store.

 

2        That Council endorse the minutes of the Access Committee meeting held on 25 May 2010.

 

Amendment:       (Flack/Hoban)

 

1        That the complaint regarding lack of access at the Salvation Army Thrift Store in Macksville be looked into, and that Council seeks comment from its Planning staff regarding whether a Development Application was required for the change of use from furniture manufacturing to charity/retail store, and therefore whether there were any conditions requiring wheelchair access into the store.

 

2        That Council endorse the minutes of the Access Committee from the meeting on 25 May 2010 with an amendment to 5.1 that Council write to the Nambucca Heads Post Office seeking their feedback regarding access issues raised by the Access Committee.

 

         

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

 

2251/10 Resolved:       (Flack/Hoban)

 

1        That the complaint regarding lack of access at the Salvation Army Thrift Store in Macksville be looked into, and that Council seeks comment from its Planning staff regarding whether a Development Application was required for the change of use from furniture manufacturing to charity/retail store, and therefore whether there were any conditions requiring wheelchair access into the store.

 

2        That Council endorse the minutes of the Access Committee from the meeting on 25 May 2010 with an amendment to 5.1 that Council write to the Nambucca Heads Post Office seeking their feedback regarding access issues raised by the Access Committee.

 

 

Item 9.5 was dealt with under Delegations.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    SF90                  010710      Nambucca Shire Traffic Committee Meeting Minutes –

                                                             1 June 2010

2252/10 RESOLVED:       (Flack/Ainsworth)

 

That Council adopt the minutes of the Nambucca Shire Traffic Committee meeting held on 1 June 2010.

 

 

 

ITEM 10.2    RF103                010710      Removal of Barrier at Herborn Street, Bowraville

2253/10 RESOLVED:       (Moran/Ballangarry)

 

That the guardrail barrier across Herborn Street, Bowraville, near the South Arm Road intersection be removed and open to through vehicular traffic.

 

 

 

ITEM 10.3    SF85                  010710      Rural Fire Service - Service Level Agreement

2254/10 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council sign and seal the Lower North Coast Zone Rural Fire District Service Agreement for the period commencing 1 July 2010 until terminated. 

 

2255/10 Resolved:       (Moran/Ainsworth)

 

That Council requests the Fire Commissioner for rent for the fire shed as the ratepayers are asked to pay for their maintenance.

 

 

 

Item 10.4 was dealt with under Delegations.

 

     

 

 

 

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

2256/10 RESOLVED:       (Ainsworth/South)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF414                010710      Write Off - Sundry Debtor - Macleay Valley Skid Bins Hire

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF839                010710      General Manager's Performance Agreement

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

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.15 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

 

Resolved: (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.20 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 


General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 11.1    SF414                010710      Write Off - Sundry Debtor - Macleay Valley Skid Bins Hire

2257/10 RESOLVED:       (Flack/Ballangarry)

 

That Council write off the sundry debt of $780.74 owed to Council by Bradley Scott Martin trading as Macleay Valley Skid Bins Hire.

 

 

For Confidential Business Paper in Closed Meeting

 

ITEM 11.2    SF839                010710      General Manager's Performance Agreement

2258/10 RESOLVED:       (Flack/South)

 

1        That Council adopt the Performance Agreement for the General Manager for the period July      2010 to April 2011.

 

2        That Council engage Management Solutions to act as facilitator for the October 2010         monitoring and the April 2011 review.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.25 pm. 

 

Confirmed and signed by the Mayor on 15 July 2010.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)