NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 20 October 2011

The following document is the minutes of the Council meeting held on 20 October 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 3 November 2011 and therefore subject to change.  Please refer to the minutes of 3 November 2011 for confirmation.

 

 

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)

Greg Meyers (Director Environment & Planning)

Peter Baynes (Manager Assets, Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Jon Ventham from C3 Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.2 Environmental Levy Projects 2012- 2017 and Beyond (Item 9.2 General Purpose Committee).under the Local Government Act as it involves the provision of funding for the Macksville Saleyards.  Cr Ainsworth is an elected member of the NSW Farmers who have submitted a submission regarding the Macksville Saleyards and are awaiting legal advice.  Cr Ainsworth left the meeting for this item.

 

The Director Environment and Planning declared a pecuniary interest in Item 9.5 Local Environmental Plan Amendment No. 4 Lot Size Amendment for the purpose of an Education Facility at Dudley Street Macksville under the Local Government Act as the Directors wife is employed by the Grafton Dioceses.  The Director left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

6 October 2011

 

3141/11 RESOLVED:       (Moran/Smyth)

 

That the minutes of the Ordinary Council Meeting of 6 October 2011 be confirmed subject to the following amendments:

 

Page 3         Item 8.3 Notice of Motion - Councillor Consultation and Reading Time first line to read  “..and major planning proposals…”

 

Page 2         Item 8.2 Notice of Motion - Staff Cars, Petrol Cards and Telephones add the sentence:                           “The report should address fringe benefit tax issues.”

 

Page 7         Item 9.3 DA2011/053  Development Application 2011/053 Alterations and Additions to Existing Seniors Living and Aged Care Facility at 17-23 Piggott Street, Nambucca Heads should refer to DA 2011/081.

 

 

  


ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Question for Closed Meeting where due notice has been received.

 

 

 


NOTICE OF MOTION - CR Smyth – LATE

 

ITEM 8.10    SF1595              201011      Notice of Motion - Tree Maintenance and Removal Application Policy (SF629, SF265)

Motion:      (Smyth/Moran)

 

1        That the application from Mr Curtis for the removal of the tree in Piggott Street, Nambucca Heads, and a brief report, come to Council for consideration at the next Ordinary Meeting.

 

2        That Council review its Tree Maintenance and Removal Application policy as soon as possible, to provide greater clarity with regard to application assessments

 

Amendment:       (Ainsworth/Finlayson)

 

That the applicant be allowed to remove both Norfolk Pine trees which are close to the house as shown in the photograph at the applicant’s cost.

 

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

 

That the applicant be allowed to remove both Norfolk Pine trees  which are close to the house as shown in the photograph at the applicant’s cost.

 

Further Amendment:          (Flack/Smyth)

 

That the applicant be allowed to remove both Norfolk Pine trees which are close to the house as shown in the photograph at the applicant’s expense.

 

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

 

3142/11 Resolved:       (Flack/Smyth)

 

That the applicant be allowed to remove both Norfolk Pine trees which are close to the house as shown in the photograph at the applicant’s expense.

 

3143/11 Resolved:       (Smyth/Flack)

 

That Council review its Tree Maintenance and Removal Application policy as soon as possible, to provide greater clarity with regard to application assessments.

 

 

 

3144/11 Procedural Motion:       (Hoban/Ainsworth)

 

That Items 10.4, 9.4, 9.10 and 11.4 ((Item 9.3 in the General Purpose Committee)) be brought forward as there were interested parties in the public gallery.

 

 

 

 


DIRECTOR ENGINEERING SERVICES REPORT

 

ITEM 10.4    PRF15                201011      Old Rugby League Amenities Building - Coronation Park, Nambucca Heads

3145/11 RESOLVED:       (Smyth/Flack)

 

1        That Council approve the submission from the Coronation Park Trust for the retention and renovation of the old Rugby League amenities building subject to following conditions:

 

          a)       Council accept the quotation of Nambucca Formwork for Stage 1 of the proposed works and enter into a contract with Nambucca Formwork to undertake the works listed in their quotation and to complete the works by 31 March 2012;

 

         b)       The quotation from Nambucca Formwork be inclusive of all works and materials required to complete Stage 1, with no further cost to Council;

 

         c)       Nambucca Formwork and any subcontractors involved in the project are to be registered with BNG Consulting in accordance with Councils procedures;

 

          d)      Volunteers are deemed to be workers for Nambucca Formwork and Nambucca Formwork take responsibility for safety of volunteers in accord with the requirements of the  Occupational Health and Safety Act, including the provision of Personal Protection Equipment;

 

          e)      All volunteers to hold a General OHS Induction card for the Construction Industry

 

          f)       A volunteers’ registry to be maintained, with all volunteers to log on and off each time they enter and leave the site;

 

          g)      The site to be fully fenced off from public access for the duration of the construction period. Site fencing to be at the expense of Coronation Park Trust;

 

          h)      Structural works to be certified by a Structural Engineer engaged by Coronation Park Trust;

 

          i)       The Coronation Park Trust accept responsibility for the ongoing maintenance of the building once renovations are complete;

 

          j)       The internal sections of the building other than the public toilets are to remain locked to all users until the works included in Stage 2 (internal renovation) have been completed.

         

2        That Council allow the $19,200.00 allocated for demolition of the old Rugby League building to be reallocated to fund Stage 1 of the renovation.

 

3        That the entire project be completed without further funding from Nambucca Shire Council.

 

 

 

 


DIRECTOR ENVIRONMENT AND PLANNING REPORT

 

ITEM 9.4      LF4148               201011      Request for Comment for SEPP 71 Waiver of Masterplan Lot 2 DP 1119830, Alexandra Drive, Bellwood

3146/11 Resolved:       (Court/Ainsworth)

 

That Council note the item in the business paper and refer to the late item 9.10, being the replacement report.

 

 

 


DIRECTOR ENVIRONMENT AND PLANNING REPORTLATE

 

ITEM 9.10    LF4148               201011      Further report - Request to Defer, Request for comment for SEPP 71 waiver of Masterplan Lot 2 DP 1119830. Alexandra Drive, Bellwood

3147/11 RESOLVED:       (Court/Finlayson)

 

That Item 9.4 contained in the agenda for the 20 October 2011 Ordinary Council meeting be deferred to enable the additional information and investigation reports which were required by the Department of Planning and Infrastructure to be perused by the Director Environment and Planning prior recommending to Council whether to support or oppose the request for a waiver to prepare a Masterplan under SEPP 71 for Lot 2 DP 1119830 Alexandra Drive Bellwood.

 

 

 

 


ITEM 11.4         SF1082          201011      Valla Urban Growth Area - Planning Proposal (Item 9.3 in the General Purpose Committee)

3148/11 RESOLVED:       (Ainsworth/Moran)  (Ainsworth/Moran)

 

1           That Council note that the Planning Proposal was referred to the Department of Planning and Infrastructure under Section 57(2) of the Environmental Planning and Assessment Act 1979 for review and that the matters identified in the Departments response dated 23 September 2011 have now been addressed, enabling Council to proceed to publicly exhibit the Planning Proposal for a period of 28 days as outlined in the Gateway Approval from the Department of Planning dated 17 August 2010.  Exhibition period proposed to be from Friday 28 October 2011 to Friday 25 November 2011.

 

2           That a public meeting be held during the exhibition period with specific invitations being issued to all residents who live within or adjoin the identified boundary of the Valla Urban Growth Area.

 

3           That a further report, responding to all submissions received during the advertised exhibition period be prepared and presented to Council for consideration at its 14 December 2011 General Purpose Committee meeting.

 

For the recommendation:           Councillors Court, Finlayson, Ainsworth, Moran, South, Hoban

                                                Total 6

Against the recommendation:     Councillors Flack, Smyth, Ballangarry

                                                Total 3

 

 

 

 


GENERAL MANAGER’S REPORT

 

ITEM 8.1      SF959                201011      Outstanding Actions and Reports

3149/11 RESOLVED:       (Ainsworth/Smyth)

 

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

 

3150/11 Resolved:       (Smyth/Ainsworth)

 

That, in relation to Item 7 (Council approach the LPMA regarding the future management of Boultons Crossing (Gumma) Reserve) Council write to the Minister regarding the number of letters written to the Department and the lack of response and requesting a determination from the Minister, with a copy to the Local Member.

 

 

 

ITEM 8.2      SF702                201011      MyRoadInfo Establishment at Nambucca Shire

3151/11 RESOLVED:       (Moran/South)

 

That Council establish the MyRoadInfo web site as a mechanism to convey information regarding local roads to members of the community.

 

 

 

ITEM 8.3      SF1239              201011      Licence to Eungai Pre-School Inc

3152/11 RESOLVED:       (Flack/Finlayson)

 

1        That Council grants a Licence over lot 163 in DP 822649 to Eungai Pre-School Inc for a period of 5 years at a rental equivalent to the Crown Lands minimum rent standard.

 

2        That the General Manager be authorised to execute all documents required to give effect to a Licence over lot 163 in DP 822649 to Eungai Pre-School Inc for a period of 5 years.

 

 

 

ITEM 8.4      SF185                201011      Classification of Lot 65 in DP 1167978, Kingsworth Estate to Operational Land

3153/11 RESOLVED:       (South/Ainsworth)

 

That Lot 65 DP 1167978, Kingsworth Estate being land used for a water supply reservoir be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 

 

ITEM 8.5      SF344                201011      Warrell Creek Hall Committee of Management AGM - 7 September 2011 - Minutes

3154/11 RESOLVED:       (Flack/Court)

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 7 September 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 8.6      SF343                201011      Valla Public Hall Committee of Management AGM - 24 August 2011 - Minutes

3155/11 RESOLVED:       (Flack/Moran)

 

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 24 August 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 8.7      SF1031              201011      Review of Council Policy - Payment of Fees, Expenses & Provision of Facilities to Councillors

3156/11 RESOLVED:       (Flack/South)

 

That Council provide public notice of its intention to adopt its existing Policy – “Payment of Fees, Expenses and Provision of Facilities to Councillors” without amendment.

 

 


 

ITEM 8.8      SF394                201011      Investment Report to 30 September 2011

3157/11 RESOLVED:       (Flack/Moran)

 

That the Accountants’ Report on Investments placed to 30 September 2011 be noted.

 

 

 

ITEM 8.9      DA2004/020        201011      Scotts Head Lifestyle Homes - Proposed Planning Agreement

3158/11 RESOLVED:       (Flack/Moran)

 

1        That Council not enter into a planning agreement with Scotts Head Lifestyle Homes for the dedication of the residual portion of Lot 191 to Council premised on development consent being provided for a 5 lot (approximate) subdivision off Panorama Parade, Scotts Head.

 

2        That Council thank Scotts Head Lifestyle Homes for their offer of this land to Council and advise them that acquiring this land is not in the Council’s interests at this time.

 

 

 

General Manager Report – LATE

 

ITEM 8.11    SF1682              201011      Compulsory Acquisition by Australian Rail Track Corporation of Part Lots 10 to 13 in DP 258204

3159/11 RESOLVED:       (Ainsworth/South)

 

1          That Council provide in principal support for the compulsory acquisition of part lots 10 -13 in DP 258204 by the Australian Rail Track Corporation for the purpose of the North Coast Curve Easing Project at site 44.

 

2          That Council grant a licence to Australian Track Corporation to enter onto lots 10-13 in DP 258204 to undertake construction works at site 44 as required by the North Coast Curve Easing Project at site 44.

 

3          That Council authorise the General Manager and the Mayor to finalise negotiation and execute on behalf of Nambucca Shire Council all necessary documents to give effect to the compulsory Acquisition by Australian Rail Track Corporation of part lots 10-13 in DP 258204 and the grant of licence of lots 10- 13 in 258204 to enter onto the land to commence work as required by the North Coast Curve Easing Project at site 44.

 

 

NOTE:         Cr Moran left the meeting at 7.00 pm and returned at 7.02 pm.

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1589              201011      DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

3160/11 RESOLVED:       (South/Ainsworth)

 

1          That Council note development application statistics and processing times for July 2011-June 2012 compared with July 2010-June 2011.

 

2          That Council note Occupational Certificate released for the years 2007 to 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2007-2011.

 

 

 

ITEM 9.2      SF1589              201011      Outstanding DA's in excess of 12 months, applications where submissions received not determined to 7 October 2011

3161/11 RESOLVED:       (Ainsworth/South)

 

1        That the list of outstanding development applications (in excess of 12 months old) 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 9.3      SF1589              201011      DA's and CDC's Received and Determined under Delegated Authority to 7 October 2011

3162/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

Item 9.4 was dealt with earlier in the minutes.

 

 

 

The Director Environment and Planning left the meeting for this Item at 7.03 pm and returned after the conclusion at 7.05 pm.

 

ITEM 9.5      SF1606              201011      Local Environmental Plan Amendment No. 4 Lot Size Amendment for the purpose of an Education Facility at Dudley Street Macksville

3163/11 RESOLVED:       (Ainsworth/Finlayson)

 

That this matter be deferred.

 

 

 

ITEM 9.6      SF739                201011      Changes to the Environmental Planning and Assessment Act - Part 3A

3164/11 RESOLVED:       (Finlayson/Ainsworth)

 

That Council note the Planning Circulars which outline the changes to the Environmental Planning and Assessment Act regarding Part 3A State Significant Development, which took affect from 1 October 2011

 

 

 

ITEM 9.7      SF1391              201011      Advice of Successful Floodplain Management Grant funds of $60,000 for 2011/12

3165/11 RESOLVED:       (Flack/South)

 

1        That Council note the success of the Floodplain Risk Management grant application for $60,000 prepared by Council's Environment and Planning Department.

 

2        That the General Manager be authorised to sign and seal the grant funding documents as required enabling the final execution of the grant funds.

 

 

 

ITEM 9.8      SF1148              201011      Contract Regulatory Officer's Report September 2011

3166/11 RESOLVED:       (Flack/Smyth)

 

That the report from the Contract Regulatory Officer for September 2011 be received and noted by Council.

 

 

 

ITEM 9.9      SF1614              201011      Report on Minutes of the Access Committee meeting held 27 September 2011

3167/11 RESOLVED:       (Flack/Moran)

 

That the minutes of the Access Committee meeting held 27 September 2011 be noted. 

 

 

Item 9.10 was dealt with earlier in the minutes.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    SF565                201011      Temporary Road Closures for Events on Roads

3168/11 RESOLVED:       (South/Ainsworth)

 

That Council approve road closures for the following events:

 

i         Macksville Gift Procession Committee of Management – Macksville Gift Procession

 

          MATILDA STREET from Station to Wallace Streets;

          WALLACE STREET from Station to Cooper Streets;

          COOPER STREET from Wallace to Boundary Streets between 4.30 pm and 5.30 pm on 12 November 2011.

 

ii        St Patrick’s Primary School – Annual Fete

 

          WALLACE STREET from Durkin to Boundary Streets between 12.00 pm and 7.00 pm on 18 November 2011.

 

iii       The Nambucca Heads Chamber of Commerce - Christmas Street Event

 

          RIDGE STREET from Bowra to Estuary Lane between 5.30 pm and 8.30 pm on 1 December 2011.

 

Subject to the following being received and carried out by Council:

 

·              Certificate of Currency for Public Liability Insurance;

·              Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

·              Advertising is carried out 7 days prior to the event by Nambucca Shire Council; and

·              Police approval is granted.

 

 


 

ITEM 10.2    SF1611              201011      Application for Natural Disaster Funding - 19 January 2011

3169/11 RESOLVED:       (Flack/Moran)

 

That the Mayor and General Manager make representation to the Minister for Police and Emergency Services seeking Natural Disaster Relief Funding toward damage caused by the severe windstorm of 19 January 2011.

 

 

 

ITEM 10.3    SF1655              201011      Claim for Natural Disaster Restoration Funding - Roads - June 2011

3170/11 RESOLVED:       (Court/Moran)

 

That Council receive and note the report on the claim for Natural Disaster Restoration Funding - June 2011 storm/flood event.

 

3171/11 Resolved:       (Ainsworth/Flack)

 

That Council arrange a delegation to the Premier to discuss the need for funding to repair the Bellingen Road.

 

 

Item 10.4 was dealt with earlier in the minutes.

 

 

ITEM 10.5    SF742                201011      Landslip on Crown Land - Wellington Drive, Nambucca Heads

3172/11 Resolved:       (Moran/Ainsworth)

 

1        That Council receive and note that a submission for a flood damage claim for the landslip at the rear of The Glen, Nambucca Heads has been completed and forwarded to the State Government.

 

2        That Council consider funding of Crown Reserve maintenance and risk mitigation in future budgets.

 

3173/11 Resolved:       (Flack/Smyth)

 

That Council’s Grants Officer investigate grant opportunities for rehabilitation work to the vandalised area above the slip.

 

 

 

ITEM 10.6    SF844                201011      Nambucca District Water Supply Steering Committee Meeting - 5 October 2011

3174/11 RESOLVED:       (Moran/Ainsworth)

 

1          That Council adopt the minutes of the Steering Committee Meetings held on 5 October 2011.

 

2          That prior to the minutes of the Nambucca District Water Supply Steering Committee going to Council that a table be added to the report clearly setting out the current Water and Sewerage Developer Charges; proposed charges and calculated charges based on catchments.  Comparison of charges against Bellingen and Kempsey to be added in lieu of Coffs Harbour.

 

3          That the information concerning the Stage 2 funding application be noted.

 

4          That Council approve the issue of Tenders for construction of the Bowraville Off River Storage and Associated Works subject to confirmation of the availability of the promised funding under the Country Towns Program funding no later than the 2012/2013 financial year.

 

5          That the Office of Water be advised that Council will not be proceeding to tender if the timing of funding under the Country Towns Water and Sewerage Program is not specified as it would be contrary to the Division of Local Government tendering guidelines which provide that a Council, “must not invite tenders without a firm intention and capacity to proceed with a contract, including having the funds available”.

 

 

ITEM 10.7    SF891                201011      Tree Maintenance - Nambucca Heads Library

3175/11 RESOLVED:       (Moran/Ainsworth)

 

That the report on tree maintenance at the Nambucca Heads Library be noted.

 

  

 

General Purpose Committee REPORT

 

ITEM 11.1         SF1603          201011      Budget Review and Financial Reports - 30 June 2011 (Item 8.1 in the General Purpose Committee)

3176/11 RESOLVED:       (Finlayson/Ainsworth)

 

1        That the budget review results to 30 June, 2011 be adopted subject to a final report with the Annual Statements.

 

2        That the list of revotes be approved and included as subvotes for 2011/12.

 

3        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

 

4        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

NoteCr Moran OAM requested that his vote be recorded as against this recommendation as he stated it is a disgrace that the budget was done in half an hour.

 

 

 

ITEM 11.2         SF29             201011      Clarence Regional Library Service Agreement 2011-2017 (Item 9.1 in the General Purpose Committee)

MOTION:      (Court/Flack)

 

1        That Council sign the new Agreement and undertake further urgent investigation into how costs can be reduced via a different library model and/or different associations. 

 

2        That Council acknowledge the staff’s effort in providing a comprehensive and concise report.

 

Amendment:       (Moran/Ainsworth)

 

That Council go ahead with the increase this year and give Clarence Valley Council notice that Council will be withdrawing its membership in twelve months.

 

The amendment was LOST.

 

Further Amendment:          (Hoban/Smyth)

 

1        That Council sign the new Agreement and undertake further urgent investigation into how costs can be reduced via a different library model and/or different associations. 

 

2        That Council acknowledge the staff’s effort in providing a comprehensive and concise report.

 

3               That Council write to Clarence Valley Council accepting the agreement but expressing disappointment that they ignored both of Council’s request for a shorter term.  Further, given the unsustainability of an 8% pa contribution with a 2.8% rate peg and in recognition of both Bellingen and Clarence Valley Councils need for long term planning, advise them that it is our intent to investigate alternate and/or improved arrangements.

 

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

 

3177/11 Resolved:       (Hoban/Smyth)

 

1        That Council sign the new Agreement and undertake further urgent investigation into how costs can be reduced via a different library model and/or different associations. 

 

2        That Council acknowledge the staff’s effort in providing a comprehensive and concise report.

 

3        That Council write to Clarence Valley Council accepting the agreement but expressing disappointment that they ignored both of Council’s request for a shorter term.  Further, given the unsustainability of an 8% pa contribution with a 2.8% rate peg and in recognition of both Bellingen and Clarence Valley Councils need for long term planning, advise them that it is our intent to investigate alternate and/or improved arrangements.

 

NoteCr Moran OAM requested that his vote be recorded as against these recommendations as he stated they are not firm enough.

 

MOTION:      (Ainsworth/Flack)

 

That the Library report due in early 2012 include advice as to assistance available to Council from the State Library in regard to guidance, remediation, assistance etc and that it include a preferred library model for consideration.  Further that the report incorporate the outcome of urgent consultation with the State Library as to a preferred model.

 

Amendment:       (Court/Ainsworth)

 

That the Library Working Group meet with the Manager Community and Cultural Services as soon as possible to arrange discussion with State Library, meetings with Kempsey and Port Macquarie-Hastings and Coffs Harbour so that a recommendation can be made to Council in February 2012 on the future of the library service.

 

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

 

3178/11 Resolved:       (Court/Ainsworth)

 

That the Library Working Group meet with the Manager Community and Cultural Services as soon as possible to arrange discussion with State Library, meetings with Kempsey and Port Macquarie-Hastings and Coffs Harbour so that a recommendation can be made to Council in February 2012 on the future of the library service.

 

 

 


Cr Ainsworth left the meeting at 8.14 pm for recommendations 1 to 5 and returned after the conclusion at 8.16 pm.

 

ITEM 11.3         SF688            201011      Environmental Levy Projects 2012 - 2017 and beyond (Item 9.2 in the General Purpose Committee)

3179/11 Resolved:       (Flack/Ballangarry)

 

That recommendations 1 to 5 be dealt with in a block and recommendations 6 to 8 be dealt with individually.

 

3180/11 Resolved:       (Court/Finlayson)

 

1        That Council endorse the break up used to identify the Rural and Rural Residential component of the Environmental Levy for the purposes of this report.

 

2        That Council endorse the draft 2012-2017 Environmental Levy Program for inclusion in the draft Integrated Planning and Reporting documents for exhibition purposes.

 

3        That at the conclusion of the exhibition process a further report be presented to Council on any submissions received and any amendments proposed for the draft 2012-2017 Environmental Levy program.

 

4        That the draft 2012-2017 Environmental Levy include all worthy, but unfunded programs or projects to demonstrate to the community, IPART and the Department of Local Government that the number, range and variety of projects put forward by the community and Council far exceed the income generated further justifying why the Environmental Levy needs to remain as a continuing Levy.

 

5        That pending Council’s decision in February 2012 in relation to the Special Rate Variation, that Council utilise the currently unallocated $28,880 identified in the June 2011 budget review from the current Environmental Levy to progress the implementation of an effluent/stormwater management system for the Macksville Saleyards.

 

3181/11 Resolved:       (Court/Finlayson)

 

6        That Council remove the Natural Resource Officer from the proposed funded programs.

 

3182/11 Resolved:       (Flack/Ballangarry)

 

7        That Council consider and prioritise the unfunded items in a future report to Council.

 

3183/11 Resolved:       (Court/Ainsworth)

 

8        That the River Street Foreshore improvements be moved up in lieu of funding for the Natural Resource Officer.

 

 

Item 11.4 (Item 9.3 in the General Purpose Committee) was dealt with earlier in the meeting.

 

 

 

 

ITEM 11.5         DA2008/139   201011      DA 2008/139/03 Pre cast concrete plant Modification - Increased Output - Abigroup (Australian Precast Solutions) (Item 9.4 in the General Purpose Committee)

3184/11 RESOLVED:       (Moran/Ainsworth)

 

1        That Council thank Management of Abigroup and Australian Precast Solutions for the tour of the Macksville Pre Cast Concrete Plant.

 

2        That Council note the compliance table in this report for current compliance with the consent conditions for DA 2008/139/02 and that subject to the proponent demonstrating completion or progress where completion is not yet possible on those matters identified as outstanding, the Director Environment and Planning issue the Occupation Certificates or Building Certificates as appropriate for occupation of the modified Stage 1 and Stage 2 sheds as approved.

 

3        That Council confirm that after applying the criteria identified in Clauses 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation the proposed increase in production from 25,000 tonnes per annum to 60,000 tonnes per annum for a limited period of 9 months is not likely to significantly increase the environmental impacts of the total development (that is the development together with the proposed increase in production for a period of 9 months) compared with the existing approved development.

 

4        That Council confirm that with the benefit of the application of Clauses 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation the development with the proposed modification will remain substantially the same development and that Council intends to proceed to determine the proposed modification under section 96(2) of the Environmental Planning and Assessment Act 1979.

 

4        That in accordance with Section 96(2) of the Environmental Planning and Assessment Act 1979, modified development consent for DA 2008/139/02 be modified subject to the conditions attached to this report.

 

6        Those persons who made submission to the modification application be notified of Council’s decision.

 

For the recommendation:           Councillors Court, Finlayson, Ainsworth, Moran, South, Hoban, Flack,                                                   Smyth, Ballangarry                                                          Total 9

Against the recommendation:     None                                                                              Total nil

 

 

 

ITEM 11.6         SF1303          201011      Water and Sewerage - Strategic Business Plans and Development Servicing Plans (Item 10.1 in the General Purpose Committee)

3185/11 RESOLVED:       (Court/Flack)

 

1        That Council endorse the water and sewerage charges in accordance with the amounts shown in the column headed “Calculated” in the following table:

 

 

EXISTING

CALCULATED

WEIGHTED AVERAGE

KEMPSEY

BELLINGEN

COFFS HARBOUR

SEWERAGE

 

 

$9,203

$7,292

$4,921

$8631

Nambucca Heads/Valla

$4,276

$8,627

 

 

 

 

Macksville

$4,276

$6,417

 

 

 

 

Bowraville

$4,276

$6,442

 

 

 

 

Scotts Head

$3,030

$15,084

 

 

 

 

WATER

$4,612

$11,420

$11,420

$8,642

$5,378

$9,022

 

2        That the recommendation from 1 above be incorporated into an amended draft Water Supply and Sewerage Development Servicing Plans and Strategic Business Plans.

 

3        That the amended draft Water Supply and Sewerage Development Servicing Plans and Strategic Business Plans be placed on public exhibition for a period of 28 days.

 

4        That all submissions received as a result of the exhibition process be forwarded to Public Works for comment and inclusion in the final Development Servicing Plans and Strategic Business Plan documents as deemed appropriate

 

5        That the final Development Servicing Plans and Strategic Business Plan documents be presented to Council for endorsement and the amended Section 64 charges be updated in Council’s Management Plan.

 

NoteCr Finlayson requested that his vote be recorded as against this recommendation because he believes charges are too high.

 

3186/11 Resolved:       (Ainsworth/Court)

 

6        That the charges in recommendation 1 above be reviewed in twelve (12) months.

 

 

 

ITEM 11.7         SF826            201011      Working Trial of Asphalt Zipper (Item 10.2 in the General Purpose Committee)

Recommendation:

 

This Item was deferred.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.30 pm. 

 

Confirmed and signed by the Mayor on 3 November 2011.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)